The prevention all comes down to enforcement though, the law doesn't physically stop you from making a device it just means you could get in trouble for intentionally ignoring it and selling a lot of those devices.
I'm not claiming it wouldn't be an overall social good, but other areas of law and regulation don't seem to function like this (with notable exceptions like photocopying banknotes).
That is to say, it's infeasible the average someone will make a working Wi-Fi radio which uses the Japanese channel 14 (involves changing what is sent by the radio, not just raising the frequency... unless you want to accurately re-adjust the frequency inside of your smartphone too) but it is reasonable to expect the average someone might just load some open firmware from the internet which allows them to set the channel to 14.
I will say I agree it's different than a lot of regulation. On the other thing I think that has more to do with radio space itself being very different than most things (i.e. a shared public resource) than inconsistency.
I suppose you could call that accidental radio pollution, because most of the people doing it probably didn't realize that they were causing interference, but regardless it was becoming a problem.
Hence regulations to address it.
That's the world we're in now. You have a problem, you do a search online for help, and among the answers you often will find some that really should only be used by people with more experience or expertise than you but do not make that clear.