If the post World War II years introduced the law to normative economic analysis in a modern way, it was September 11th that solidified its dominance in legal and policy-making circles. I believe this is one of the reasons why, despite all the tireless talk about God, country, and our duty to the unborn, both the word and concept of morality has been wiped from serious consideration in precisely those areas that need it the most.
Today, truth and morality aren’t much more than bytes of information that can be shaped at will by those who believe they have the power to get away with it. Instead of the Golden Rule, policymakers increasingly rely on ideas whose main aim is to maintain the status quo for the power elite while delivering pre-selected values to the largest quantity of people in the most efficient way possible. Yet, for all the scholarship, mathematical equations, and bright red lines, there is little about these snaking, complex ideas that isn’t open to interpretation. Consequently, what passes for morality has been turned into a matter of subjectivity.