Current opinion
As many of you reading this would be aware, I am lawyer.
For me being a lawyer is more than just a job, career, or profession. It is an integral part of my identity. It is a part of who I am.
Interestingly, there are many paradigms in which people like me can consider the law.
Despite what we would like to believe, the law is not always black and white. The law is open to interpretation – which is why lawyers work in so many different ways.
Because their opinions, perspectives, and the paradigms they ascribe to, are markedly different.
As a lawyer I choose to align myself to the Social Choice of Law – or what some people refer to as the ‘Social Choice Theory’.
This legal paradigm provides a theoretical framework for analysis that combines the opinions, preferences, and interests of individuals to reach a collective decision – a decision that optimizes the welfare of society at large.
One such example is when we enact laws under the constitution.
An example of decisions made by individuals acting for the greater good.
In my opinion, it is important that our laws and regulations are based upon on a shared set of values that reflect our culture, our thoughts and opinions, and even our future societal aspirations.
In this manner, we as a society can direct the course of own future.
We can create a brighter future.
Whether it is through our tax laws, the way in which we choose to regulate our business, or even the public goods we choose to enact and fund, we have the power to actively take our lives – and welfare – into our own hands.
And now is the time do it
As I sit here writing this, the pandemic has been plaguing our nation for over eight weeks. Close to 40 million Americans are unemployed, and it only getting worse. Supply chains are struggling or broken, and our ability to offer public goods is almost non-existent.
In short, when this is over, we will be required to rebuild.
Resiliency
The Governor in my home state assures us that we will do so in a resilient manner. But, really, what do they mean by the word resilient.
For us to truly make change and leave this situation prepared to move forward we need true legislative and regulatory change. Only this will bring forth the degree of resiliency that can change or society of the better – otherwise we will be doomed repeat our past mistakes, again, and again.
And our first point of call?
To alter the timeframe in which we view the impact of legislative.
We currently have a short-term quarterly view of legislation. While useful when it comes to making quick decisions, this view has severely impaired our ability to look longer term. It has handicapped our capacity to positively impact society for future generations.
Honestly, to provide ourselves a safe and abundant future, we need a long term view.
With this in mind, it might be time to consider something like the Well Being of Future Generations Act for America.
In 2015, the Welsh government signed into law what is known as the ‘Well-being of Future Generations (Wales) Act.’
An act that has, in a very short time, changed their country for the better.
This holistic legislation was developed with the intent to improve the economic, social, environmental, and cultural wellbeing of Wales by strengthening its institutional governance structures in union.
The legislation requires public bodies (including local authorities, health boards, carious public organizations) to put long-term sustainability at the forefront of their thinking. To accomplish this, these groups must work together to make decisions with the future of the population in mind.
Wellbeing Goals
These decisions are based on achieving key wellbeing goals across seven extremely important domains:
- Prosperity
- Resiliency
- Health
- Equality
- Cohesive communities
- Vibrant and thriving culture
- Global responsibility
By implementing long-term thinking towards a common goal, they have made large scale changes that are set to improve their country for decades to come.
And I believe that we should do the same.
Just to be clear, I am not suggesting that we should simply copy and paste this act into our own society, because it is likely to fail.
Culture matters
Which means such an important piece of legislation should be built by those who will be impacted by it the most. It should be designed with the welfare of their children – and their children’s children – at the front of their minds.
It must come from within.
An American wellbeing legislation such as this would, at the bare minimum, require our legislators and regulators to pause and start thinking long term. They would have to consider the law-term impact of their actions.
They will have to prioritize the future of our society above all else.
Which, in this time of crisis, is exactly what needs to be done.
