Prohibitive or Prescriptive

Under the Constitution, the law is prohibitive when it comes to the behavior of natural persons. Because of the presumption of probity, the law is restricted to responding to behavior that is proven injurious to another. It is only when it comes to agents of government or public servants that the law is prescriptive—i.e. orders them what to do to carry out duties and obligations. This difference does not seem to be widely understood. Finally, there is the problem that non-governmental corporations, which are actually subsidiary entities because their creation is authorized by agents of government, have effectively escaped legal responsibility because their authorizers have given them carte blanche to do what they want, even when the probability of harm is 100%. Sometimes it seems these subsidiaries were created for the express purpose of evading moral strictures AND duties and obligations.