The Legal Standard As A Baseline For Behavior Corrupts Our Culture

There is no doubt we have become an increasingly litigious society over the last half century or more. Courts are now involved in disputes as diverse as the length of NFL suspensions to the temperature of McDonalds coffee. And often the courts are involved with good reason. But, at some point, the legal standard became the be-all and end-all of what is apparently acceptable.

Republicans are still hiding behind the phrase “if the allegations prove true” when talking about the reports that Roy Moore is a child molester. There are at least four women who have gone on the record about Moore’s actions and thirty witnesses cited in the Washington Post report, with more witnesses coming forward daily. But there will never be a court case as the statute of limitations is long past so there will never be “proof” in the court of law. And, because there is no legal recourse, some Republicans are essentially saying that nothing should be done about Moore.

You can see a similar situation with much of the Trump campaign. There is no law against not releasing your taxes when you run for President. There is no law that requires the President to divest his holdings so the Trump family can continue run the Trump Organization during his term and benefit from their closeness to the President. And, because it’s not illegal, it is apparently OK.

This has been especially true in the corporate world, especially since the 1980s when maximizing shareholder value became the standard practice for businesses. It’s not illegal to park your profits offshore in order to avoid paying US taxes, so that’s a perfectly acceptable practice. It’s not illegal to hide your true ownership position behind a multitude of shell companies, so why not do it.

In response to Roy Moore, Mitt Romney said, “Innocent until proven guilty is for criminal convictions, not elections. I believe Leigh Corfman. Her account is too serious to ignore. Moore is unfit for office and should step aside.” I don’t often agree with Mitt but I do wholeheartedly agree with this statement. But there is a broader point in Mitt’s statement in that the legal standard should not be the de facto standard for all our behavior.

I know I’m just a naïve and cranky old man wishing for a time that never existed. But I truly believe that the fact the legal standard has become the baseline for behavior has certainly corrupted our culture.