9,802 karma · joined May 23, 2010
(The optimal number of plane crashes is not zero, as the saying goes, and it’s probably more than we have now.)
(How is this different from an ordinary procedural regulator? Because the insurance market has competition, which means that the insurance companies aren't only trying to optimize for reducing risk -- they're trying to reduce risk efficiently. And if they're not very good at it, they can be outcompeted by someone who is.)
They allude to no-fault workman's compensation laws, discussed at greater length in this excellent article:
https://rootsofprogress.org/history-of-factory-safety
The trick there was to take the liability out of the adversarial court system, by not requiring the injured party to prove that the employer was at fault -- only that they got injured somehow. And it worked much more reliably, with less ass-covering and less overhead, than the previous tort-based model.
A liability model has a couple of advantages despite this:
1. The regulator has some slack to not set penalties insanely high. As long as they're seen enforcing those penalties against someone periodically, and as long as the penalties sound like a big number to the general public, they can look like Stern Serious Regulators who are doing their jobs properly. The difference between a $5M fine and a $10M fine can have huge financial implications, but to the political circus those numbers are both roughly the same size, i.e. big. This allows the regulators to be more reasonable if they want to be.
2. Using liability rather than specific procedural rules lets the people closer to the ground decide how to most efficiently mitigate risk. Suppose that you run a factory, and sometimes people get injured by careless operation of a rotary saw. A naive regulatory approach might be to require that an additional person be watching whenever the rotary saw is in use. And that would probably help with safety somewhat, though at great cost. But if the regulator instead just requires workman's compensation payments to be made when someone gets hurt, then you can try to figure out a better way using your own knowledge of how your factory operates. (Historically, the adoption of workman's comp laws led to factories hiring engineers to make the equipment harder to accidentally misuse. That rotary saw, for example, would have had a cheap guard retrofitted -- and that would improve safety much more, for a much lower cost, than the "have an observer at all times" rule.)
I'm not trying to go full Confucius here, but people who do better work than they have to shouldn't be made to feel like chumps by the people around them. They should get respect, so they feel good for doing good things.
It bothers me when people just make up outlandish accusations.
(The trouble, of course, is with career paths in which networking and prestige matter a lot more.)
I guess you could argue that a particular self-reinforcing system of social norms could be considered a sort of orthopractic religion, but that would be a bit of a definitional stretch.
When you consider the political incentives, it's an under-appreciated miracle that politicians in the US serve the public at all and that things shamble along as well as they do.
As for why this happened, and continues to happen, and what could be done to fix it... those are hard questions. You can see some good grappling with the subject in this article, and the follow-up listing other people's responses to it:
https://slatestarcodex.com/2017/02/09/considerations-on-cost...
https://slatestarcodex.com/2017/02/17/highlights-from-the-co...