In the 1870s and 1880s, Americans kept dying, or losing limbs, because they were getting hit by trains. Now, you might say, who cares? It’s people’s own fault if they are stupid enough to walk onto a train track. That’s not, it turns out, how Americans and their governments reacted at the time. As the casualties mounted, the state railroad commissions — relatively new agencies set up to monitor and regulate railroad safety — “conclud[ed] that enough was enough; no man had a right to willfully risk his life.”
So writes Barbara Young Welke in her fascinating work of legal and cultural history, Recasting American Liberty: Gender, Race, Law, and the Railroad Revolution, 1865-1920. When I heard about the other night’s GOP primary debate, in which Dr. Ron Paul emphasized the need for “personal responsibility” and audience members cheered the notion that a man who decides not to purchase health insurance should be allowed to die, I immediately thought of Recasting American Liberty. Continue reading The Right to Risk Your Life