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The issue for me with this scenario is that it's already so contrived that yea - of course you're not going to be arrested for eating all the cookies from the cookie jar. But only for that action - if you scale that action up to a significant level then you absolutely might be breaking a law. There are lots of things that are legal (or at least looked the other way at) on certain small scales and a lot of penalties escalate with the severity of the offense. If the US had a $1B jar of cookies and you ate all of them (aside from now being diabetic) the government would definitely pursue you for theft.

I suppose that's the truth of the matter - it actually might be illegal to eat all the cookies in the cookie jar (assuming you're not given express permission to do so) it's just that nobody cares because of the scale of the action. It's also usually a domestic affair - but just because you live in the same house as someone else you don't have a right to all their things (it's just that usually all the people are in a family and then property laws get a bit weird).

If your roomate in college had some super rare cookies valued at $10k and you ate all of them then they'd definitely be able to take you to court. It's just that nobody cares if an oreo goes missing.



Alright, so the thing about the cookies and the cookie jar up in the original post: for the point the parent was trying to make, it was not actually contrived and the reason for that is because you can replace that specific example with about a billion other minor slightly unethical examples that also shouldn’t be illegal and his point still stands.

Where it gets contrived is when you start talking about hypothetical socialist cookie jars policed by tyrannical municipal governments or collector’s cookies. You steal $10K worth of cookie products off the shelf, that’s robbery. You take a single pack of cookies off the shelf: that’s petty theft, and if you eat all the cookies your mom or roommate made and leave none for anyone else, then you’re just an asshole. Strangely enough the law is quite capable of making distinctions.

What the law is not capable of doing though is giving people without a moral compass a moral compass, or aligning differing moral compasses from different cultures. For all the nuances the law can make, it’s still just a sledgehammer in the face of human behavior and social custom is how we self-govern ourselves the vast majority of the time without involving sheriffs and courts and legislators. Every time the law takes something governed by social convention and puts it into the hands of the courts, private society loses a little part of itself to the people with the bigger guns for good or for ill.




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