The Spanish Requirement
March 17, 2015
By: Nancy Anderson, Ph.D.
Omri Ben-Shahar concludes a scathing attack on contemporary disclosure laws with a barbed reference to a 400-word pronouncement, called the "Spanish Requirement". It was a prepared statement read in Spanish by 16th Century conquistadors to New World inhabitants, which warned them, having been put on notice, to "acknowledge the Church as the rule and superior of the whole world" or else!
Image: Book Jacket
While Professor Ben-Shahar concedes, "Happily, disclosures no longer excuse slaughter and slavery", he and his co-author Carl E. Schneider in More Than You Wanted to Know: The Failure of Mandated Disclosures, set out to make the case that today's disclosure laws, often called "sunshine" laws, are, at best, a waste of time because they fail to inform, warn or change anyone's behavior. At worst, disclosure laws shield bad actors from legal liability and let timid politicians hide behind the supposed virtues of enacting sunshine laws rather than passing bills to outlaw the behaviors that disclosure laws are supposed to help us see and thus avoid or amend. These are serious indictments, and as a long-standing supporter of New York City's very own sunshine statute, the Energy Benchmarking Law, enacted in 2009, I knew I needed to read this book with care. What if it's right?