There is a large sphere of behavior that is not governed by legislation. Things that are unattractive to us, which maybe should be our duty or should be part of being a well-mannered person have become illegal. That puts pressure on the state to use the power of the state to enforce things once unenforceable. And it also crowds out tragically the natural impulse of norms to emerge and institutions to emerge.
Civilization and the pleasantness of everyday life depend on unwritten rules. Early in the 20th century, an English mathematician and government official, Lord Moulton, described complying with these rules as "obedience to the unenforceable"--the area of personal choice that falls between illegal acts and complete freedom. Listen as economist Michael Munger talks with EconTalk's Russ Roberts about the power and challenge of the unenforceable.