Interesting viewpoint, but it sounds like you're just trying to add a slightly different variation on the 'COUSIN! WE SHOULD GO AND GET DRUNK TOGETHER!' mechanic that so many people (including yourself i believe) bitched about to no end. It's just another way of annoying the player into abiding by its rules. As great as wild west fantasies sound of nicking pies and rustling folk off their horses sound, it just never plays that way in the game world. I'm sure people expected a different wanted mechanic in GTA for example where the police don't instantly know where you are before they've even deployed the chopper. If you add survival mechanics like hunger and shit, it'll just cause so much more irritation for gamers. God knows it pissed me off in Stalker: Call of Pripyat and indeed the Sims, which somebody mentioned much earlier on.
It also felt like the majority of the first page was just filler, whining about modernisation.
Moaning aside, i do see your point, although i often have no problem at all causing trouble - i drag people through towns for a laugh and occasionally see if i can headshot a lone bloke on a horse as i'm about to ride past him for kicks. I even kidnapped a prostitute, tied her up and put her on the horse, and dragged some poor fool out of town into some wolves to chow down upon, before placing the tied-up wench on the tracks to watch her get run over. I laughed when the achievement popped. Rockstar must have quite the sense of humour; i was only doing it to fufill my own sadistic desires. But there's a point to this tale, sometimes i'd rope up a bandit in town, and having saved the damsel i'd carry him out to the middle of nowhere and grin as i put a bullet in his frightened face. More often than not someone hears the shot and goes to tell the law; and my bounty builds up. I suppose if you just follow the missions like a robot and go from one sidequest to the other you won't have any issues with the law, but i always seemed to. Even from something as basic as accidentally running over a lawman in town when on my horse, or getting pissed off with a blackjack dealer and shooting him dead, causing everyone in the bar to whip out their guns and start shooting back as i make a break for it.
This is the true definition of the 'sandbox genre'. The freedom to do this, and to get away with it. Survival mechanics put limitations on you and your ability and freedom to play the game by forcing you to munch on one of the many ham sandwiches you undoubtedly bought out from the local general store.