Rory Sutherland

There was an interesting case in England where someone broke into a theme park or some park of some kind

And then, while drunk, dove into a pond, which wasn't very deep, and hurt themselves.

And then sued.

And warned.

In the lower courts, they said there should have been a notice warning of the shallow water because you could reasonably anticipate this problem.

And then it went up to the high, whatever it was, the law lords at the time.

And they said, if you took this ruling to its natural consequences, you would have no lakes.

You know, you would have no swimming, you would have no swings, you'd have no playgrounds because everything would have to be girt around with warnings about every possible anticipated negative consequence that could arise from this part of the environment.

And so what happens is that you've created a kind of idea, I suppose, where the legal solution has become the default.

when it should, in fact, be the last resort.

What happened to common sense?

Well, this is the argument being that your fellow countryman, what's his name?

Rolston Saul, John Rolston Saul.

Have you come across him?

No.

You Canadians totally underrate yourselves.

You produce wonderful people.

And you're always trying to import people like me from the UK or people from the US.

John Ralston Saul wrote this book, which I think is called Voltaire's Bastards.

And he argues that human brains have evolved with a variety of mental capabilities, only one of which is the capacity for reason.