Image credit. There was a time when the law actually supported jaywalking. "Before formal traffic laws were put in place, judges typically ruled that in any collision, the larger vehicle — that is, the car — was to blame. In most pedestrian deaths, drivers were charged with manslaughter regardless of the circumstances of the accident." For more, see the article referenced below.
I.
Americans never walk, never leave their cars to get from A to B. This is a stereotype of American life that seems to be shared by many of my compatriots. To the limited extent the impression is true, it may have to do with the fact that America is just so much larger than crammed Germany, so it simply makes sense to drive to places, to where in Germany one might walk.
Be this as it may.
There used to be a time when walking was much more popular in America, by default. In the days when automobiles were only starting to become a prominent feature of everyday life.
A lot has changed since then, including the (traffic) law, whose evolution I see as an instance of building a new public good adapted to a world that is beginning to cope with mass automobile transportation.
In Germany, and many other second mover or latecomer countries, we have benefited greatly by the pioneering experience of America, helping us save many lives and avoid other "teething troubles."
Private car ownership would become a mass phenomenon in Germany only after the Second World War, when the last major obstacle was removed: an inordinately high motor vehicle tax -- cars having previously been paternalistically classed as "toys for the rich."
II.
Here is a fascinating account of the forgotten history of jaywalking. To me, it shows how historical and public forces come to exert influence on the contents of the law. This is part of our culture of pluralism and democracy, which ultimately sustains a free society.
It is part of the project that I call "improving government" - the duplex effort to improve government (i.e. making it interfere only where it should) and make government improve our lives.
See more on traffic law and freedom in section 3 of Why It Is Not True That Politics Makes Us Worse ... (1/3).
When the term "jaywalking" came to be used ever more widely
the word "jay" meant something like "rube" or "hick" — a person from the sticks, who didn't know how to behave in a city. So pro-auto groups promoted use of the word "jay walker" as someone who didn't know how to walk in a city, threatening public safety.
At first, the term was seen as offensive, even shocking. Pedestrians fired back, calling dangerous driving "jay driving."
But jaywalking caught on (and eventually became one word). Safety organizations and police began using it formally, in safety announcements.
The source.
I try to convince people of any political description who take a jaundiced view of politics that we need politics and the state to improve our lives and continue to live in a free and open society. It is not good enough to focus exclusively on the dark side of politics; if you lack the knowledge of the good brought about by politics, the state, and the law, you will not be willing to face the tough challenges of the legislator etc. who defends our free and open society. A world dominated by political cynics is a world in danger and decline. Tracing the good in politics is just as important as denouncing the bad in it.
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