In The Public Interest
Do you know what “in the public interest” means? My premise is that I don’t, you don’t, and the lawmakers don’t. The “public interest” is evoked in myriad situations with a surprising lack of clarity. I wonder if the public interest can be articulated in a meaningful way. Can we find a way to judge whether a particular action is sufficiently beneficial to enforce the action?
Perhaps, a decision tree will yield a framework that can be applied to a variety of situations and yield results in the public interest. My draft of a decision tree follows:
Does the action follow the rule of law?
If yes, proceed to the next decision. If no, ask if the law is wrong? If the law is wrong, then change the law. If the law is not wrong, do not allow the proposed action to proceed.
Does the action protect the individual’s right to act independently as long as the individual does not initiate force?
If yes, proceed to the next question. If no, ask if there is a compelling reason to impose the action. If yes, articulate the compelling reason and proceed to the next question. If no, do not allow the proposed action to proceed.
Does the action protect diversity?
If yes, proceed to the next question. If no, ask if there is a compelling reason to impose the action. If yes, articulate the compelling reason and proceed to the next question. If no, do not allow the proposed action to proceed.
Does the action protect from discrimination?
If yes, proceed to the next question. If no, ask if there is a compelling reason to impose the action. If yes, articulate the compelling reason and proceed to the next question. If no, do not allow the proposed action to proceed.
Does the action protect from concentration of power?
If yes, proceed to the next question. If no, ask if there is a compelling reason to impose the action. If yes, articulate the compelling reason and proceed to the next question. If no, do not allow the proposed action to proceed.
Does the action have the support of a majority of the public who will pay any public cost of implementation equally?
If yes, proceed to implement the action. If no, ask if there is a compelling reason to impose the action. If yes, articulate the compelling reason and proceed to implement the action.
Feel free to add your perceptions in the section below.