Library Fines, Oliver Wendell Holmes and Libertarian Paternalism

In The Path of the Law, Holmes wrote that “[t]he duty to keep a contract at common law means a prediction that you must pay damages if you do not keep it,—and nothing else.”  

I was thinking of that dictum this morning as I renewed an overdue library book (on CD, to be honest).  The librarian graciously renewed the item but noted that I owe a five cent fine because I renewed one day late.  I threw a hissy fit.  Yesterday was Veterans Day!  The library was closed.  How could I renew when the library was closed?!?  I’m a poor law professor on a very fixed income! Have you no sense of decency, sir, at long last? Have you left no sense of decency?

No, I didn’t.

My public library seems to understand that there is no moral opprobrium associated with a breach of this kind of implied promise.  Since I became addicted to listening to books on CD in the car, I have borrowed well over 100 such books from my public library.  Almost invariably, I have to renew them, as it takes me more than two weeks to finish them.  Only once have I had to return a book that I wanted to renew because it had been requested by another reader (listener).  My delict is de minimis and likely harms nobody.

But here’s the rub.  I used to always return/renew my library materials on time.  But a few times I’ve held on to the items a few extra days so that I could finish them and make just one trip to the library to renew and pick out a new book.  That saves me time, which I value more than the five cents a day.  Still I feel a bit guilty about this new habit (that’s why I am busy rationalizing my behavior), and I wish my library would charge me $1/day for overdue books.  I can afford it, but it would hurt enough to nudge me into being a better citizen.