The public clamor for the NFL to “do more” when confronted by evidence of serious wrongdoing in the cases of Ray Rice, Adrian Peterson, Greg Hardy, and an unfortunately large number of other cases strikes me as very troubling, and reflective of this view, apparently pretty widespread, that we can’t count on the legal system to mete out appropriate punishment in a reasonable way. We have a criminal law, one would think, to define behavior that we cannot accept as a society, and to identify and punish those who violate those norms. Many people, though, seem to want the NFL, and/or the individual NFL teams, to take over that function. It’s a kind of privatization of a public function, and, extended more broadly, its costs might be much higher than we think. Do we really think it would be a such a good idea if Microsoft, say, or General Electric, or Wal-Mart, or Amazon, or other large private employers started instituting “codes of conduct” governing employee behavior outside of work time? And if they started firing people because they received a video showing them behaving unlawfully, even heinously? And let’s see, whose interests do we think the NFL’s process for determining punishment is going to serve – the public’s? Or the NFL’s?
His full post is available here.