>>2745495Anon, nearly every rule in existence came about because of the situation you describe not working. Now I would agree that there could be more formal room for flexibility, for recognizing the fact that most people are pretty decent. But you have to recognize reality that some men just want to watch the world burn, and/or are genuinely stupid sub-90 IQs who literally do not possess the mental capacity to understand causal relationships, abstractions and so on in ways we'd consider basic. And that they have the capacity to cause non-linear, irreversible harm.
A "peaceful functional society" has to deal with that. It can absolutely go too far, and stuff that matters can become the status quo. I'd love to see in the Constitution a "sunset clause" so everything goes away by default without active renewal at least every few decades. Make sure that law doesn't simply accumulate due to asymmetries in incentives. But there is absolutely a need for significant formal rules for a sizable enough segment of the population that it matters.