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> Say I walk down the street firing a gun randomly, but I don't strike anyone with a bullet. Civil remedies only?

Why not? If you are in actual fact endangering people then you are risking the severe criminal penalties that would be imposed if you hit someone. That is enough to deter anyone acting rationally. On the other hand, if you are not deterred because you have somehow ensured that your actions will cause no damage, why should your actions be prohibited?




Incentives that apply perfectly to rational actors have a pretty poor track record of influencing human behavior in the desired way.




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