Driver licensing emerged because after-the-fact damage suits proved inadequate

Evidence

Automobile driving licenses are a good example. As the automobile came into use in the early part of the century, the comon law of most of the states presumably said to people, in substance: “Do not drive an automobile unless you are reasonably competent to do so, and reasonably familiar with the rules of the road for doing it.” The sanction came after the event in the form.ordinarily of a judgment for damages in favor of a person injured as a result of violation of the command. The inadequacies of such a technique of control, as it became increasingly important that drivers really should be competent, are evident. The preventive device of a license, issued only after a test of competence and of knowledge of traffic regulations, added immeasurably to the safety of the streets and highways. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 763

Categorization

• XREF: Clean causal example showing shift from self-applying common-law command to prior-check licensing. — connects to: Rationing of scarce resources requires mechanisms of prior choice — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 769; Prior approval works best when after-the-fact checks would be unjust or inadequate — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 762

Broader Connections

• Prior approval works best when after-the-fact checks would be unjust or inadequate #exemplifies (0.78) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 762