Rules without enforcement mechanisms are meaningless.

Evidence

Just as every institution, down to the family, has the habit, and need to, make rules, so too there is a general need to find ways and means to enforce the rules; otherwise they are perfectly meaningless. Hence it is no surprise that arbitration and processes like it are so pervasive in society. There is a hunger for ways to settle disputes that the regular courts cannot satisfy, or can satisfy only at too high a price. We can think of the formal courts as fancy French restaurants in a society that also needs pizza and hamburger joints for fast, cheap food. β€” Lawrence M. Friedman and Grant M. Hayden, American Law, 143

Categorization

  • XREF: connects to: Total bans like Prohibition fail without corresponding enforcement capacity β€” Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 820; Mandatory class-action-waiver arbitration clauses quietly extinguish small consumer claims β€” Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 1513; Rules alone stay empty unless institutions activate them β€” Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 53 (+7 more)

Broader Connections