funsec mailing list archives

Re: UK: Drivers may be banned from smoking at the wheel


From: sam stover <sam.stover () gmail com>
Date: Mon, 14 May 2007 13:08:01 -0400

Brian Loe wrote:

I could argue that I may not have the "right" to drink and drive but
that wouldn't limit my argument that the government has no "power" to
prevent me from doing so. The government's only real role is to exert
its power in an effort to enforce contracts, whether those be
contracts between states, itself and other governments, or between
citizens. One such contract is the social contract I have with my
fellow citizens requiring that I don't do them harm. Once I break that
contract, the government's power can be brought to bear and a
punishment be rendered.

While I agree in principle, it doesn't really work that way in real
life.  If a cop sees you throwing back a cold one in your car, he most
certainly can pull you over and (possibly) arrest you - or at least give
you a ticket (caveat:  I don't know, and am not arguing *what* he can do
to you, just that he *can* do it).

I'm not knocking your position - I agree with you more often than I
don't.  But the fact remains that, in some cases, you don't have to
cause anyone harm to get arrested - you just have to demonstrate the
capacity and you can be pre-emptively pwnd.


-- 
S.f.Stover
http://pgp.mit.edu:11371/pks/lookup?op=get&search=0x15FFC42A
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