You can ”legislature away” socially bad decisions, at least at scale, by sufficiently shifting incentives. You can also “legislature them in” the same way.
E.g., you can create a light truck loophole in safety and economy regulations nominally intended, but not carefully bounded, to exempt vehicles with commercial use, and thereby incentivize manufacturers to expend enormous resources on propaganda to create demand for a new class of personal vehicles that fit into that loophole, shifting the market so that even after the loopholes don’t work the same way, the demand remains.
My point was that jumping from some people have wrecks because they drive drunk/high/distracted/tired to we need more legislation doesn't make any sense. If we want to inform the public of the risks of driving impaired we absolutely can do that, it doesn't require laws and punishment to help educate people.
Assuming we can legislate away bad decisions is effectively agreeing that we'd prefer the state is powerful enough to take away any decision we may want to make but that they disagree with. Why not just expect the government to help research the risks and inform us, trusting us to make the best decision for ourselves?
Of course you can. Seatbelts and airbags don't sell cars nor make shareholders money, they're only there because they were forced by legislation.
My point was that you can't legislate away drivers' bad decisions. At best you can leverage the fact that many people would rather follow the rules, and that punishment will compel more to comply.
I'm kinda really fucking sick of this particular American mindset towards cars, school shootings, gerrymandering, corporate greed, and basically everything else that sucks about our society.
Research and education is a huge help, for example. What I can't get behind is the idea that we're all such helpless children than only government punishment can keep us from ruining everything. What happens when the authority given to that government lands in the hands of a person or pay with whom you fundamentally disagree?
First and foremost we need to educate or population better, but from there the government should rarely need to go beyond good faith research and trusting it's people to generally make the best decision for themselves.