Thursday 27 March 2014

"Rules are rules"

Article updated on 08 June 2014

The problems with the "rules are rules" approach

As established in the post establishing the fundamentals of freedom and responsibility, we do need rules and regulations to help us to filter out irresponsible behaviour, and up to a point, we need to enforce them, using a combination of punishment (to give a deterrent) and rehabilitation (to reduce the incidence of re-offending).

Rules should reflect wider moral considerations and should be followed out of respect for those moral considerations, not purely because they exist.  But as a society, we often lose sight of this, and many people just accept that rules should be accepted and followed because "rules are rules"- there is no need for reasons and understanding, that's just the way it is, because some authority set up rules that say so.  This gives authorities a lot of excess power, where they can potentially set up wholly unreasonable rules and justify them on the basis, "Because we said so."

Dangers of accepting that "rules are justified because rules are rules"

When we accept that rules should be followed because "rules are rules", we often end up justifying them using circular reasoning.  Many of us consider what is morally right and wrong to be defined by what the some authority's rules do and don't say, and since the rules are supposed to reflect what is morally right and wrong, we get an argument along the lines of, "X is wrong because it's against the rules, and it's against the rules because it's wrong".

Setting up unreasonably restrictive rules isn't the only way in which authorities can take advantage of the blind acceptance that "rules are always justified because rules are rules".  They can also be enforced disproportionately, and made unclear in the hope of catching out ordinarily law-abiding citizens.

Enforcement of conformity to traditional ways of doing and thinking

Individual authorities are not the only people who are capable of setting up and enforcing rules.  Social groups and societies set up social norms, traditions and etiquettes, dictating what range of behaviours are and aren't considered acceptable by the group, and these suffer from the same problem.  As long as these norms/traditions/etiquettes are based on wider moral considerations, and/or the group tolerates individuality and allows individuals to follow legitimate alternative ways of doing and thinking without being rejected, this isn't a problem.  

But all too often, groups set up rules along the lines of, "Do and think 'our' way, or be rejected", where social norms, traditions and etiquettes are justified purely on the basis, "Because we said so", and all those who deviate are rejected for being different, and the group sees it as like authorities punishing someone for stealing loaves of bread from a shop- rules are rules, no matter how good or bad they are.  This is a common cause of suppression of individuality and creative thought, and discrimination against vulnerable/minority groups.

Discretion vs. absolute enforcement

Many rules are reasonable for 90-95% of the time but can be daft if applied absolutely in the other 5-10% of situations, so we can enable authorities to apply discretion and refrain from enforcing the rules absolutely in the other 5-10% of cases.  The danger with this is that it means that the rules can be less clear, and if some people are allowed to get away with breaking rules in certain situations, then it can encourage others to try to push boundaries and see if they can similarly get away with it.  

But enforcing rules absolutely in all cases can backfire.  One example that I used to get into heated arguments about when I was younger is the road traffic law saying that responsibility for an accident should always lie with the driver of the vehicle behind, due to the need to keep a safe distance from the vehicle in front.  Yes, I'd say that this law is a reasonable generalisation that works in at least 90% of cases.  But when applied absolutely in all cases, it leads to some major problems when we get scammers pulling in front of motorists, slamming on the brakes and claiming on their insurance, trying to take advantage of the shortcomings of this law.  Thus, in this particular case it is desirable for authorities to apply some discretion.

I tend to think that we need a balance (as is so often the case).  Apply discretion sometimes, but make it clear what sort of situations the discretion does and doesn't apply to, so that the rules and their enforcement is still reasonably clear to the general population.

Civil disobedience is never ideal but is sometimes necessary

In an ideal world, rules would always reflect wider moral considerations, and people would always obey them, but we don't live in an ideal world and abuse of power and authority is widespread.  It is easy to say, "If you don't like an authority's rules, campaign for them to be changed", but in my experience, campaigning for them to be changed often isn't enough on its own.  A particularly common circular argument, for example, is, "X is illegal.  People shouldn't break the law.  Therefore people shouldn't do X.  And that's why X is illegal!"  Or, just the defence of the status quo - "It's right, because that's just the way it is."

So, sometimes, one of the most effective ways of getting unjust rules changed can be civil disobedience, taking the risk of being caught and punished, but at least taking a personal stand against them, and hoping that if enough people take part in the civil disobedience, authorities might take notice.  As I say, it's not ideal, because when we behave outside of the rules, often, we have little or nothing left to guide us regarding what is and isn't responsible behaviour, and we can end up inadvertently making serious errors.  But sometimes it can be necessary in order to prevent authorities from accumulating too much power.

Tuesday 25 March 2014

Fundamentals of freedom and responsibility


(Post updated on 19 June 2014)

Freedom is bounded by responsibility

Freedom isn't just about being allowed to do what we want, when we want, because in order to maximise the collective freedom that we enjoy as a society, we have a responsibility to not act in a way that impinges upon the freedom of others, to an extent that more than offsets our own personal gain. One well-established example of this problem is the tragedy of the commons.  And sometimes, we misbehave in ways that are actually detrimental to freedoms in the long run.  These behaviours can thus be termed irresponsible, and we do need rules and regulations in place to help filter out irresponsible behaviour, and to enforce them using the appropriate combination of punishment (to act as a deterrent) and rehabilitation (to reduce the risk of people re-offending).

Rules and regulations require balance

If rules and regulations are too lenient then we may risk allowing irresponsible behaviours, which may erode the collective freedom that society enjoys.  But if we make them too strict, then we end up prohibiting responsible behaviour, and thus eroding our collective freedom as a society.  One classic case is the tragedy of the anticommons- freedoms exist, which could be utilised at no cost to anybody, but because we set up rules prohibiting them and tell the masses that they must obey the rules or face punishment, the freedoms are somewhat under-utilised, at a cost to society as a whole.

It is particularly important that we set up rules that reflect wider moral considerations, and follow them out of respect for those moral considerations.  Many over-restrictive rules survive for decades and even centuries because far too many of us are taught to accept and obey rules without question because "rules are rules" (because the authority who set the rules said so, or because that's just the way we've always done things, for example)- this gives authorities too much power to set up whatever rules they like and argue, "I'm right, you're wrong, because I said so."

The two traps that we often fall into re. over-restrictive rules

  • Setting up rules that say, "You must follow a certain way of doing and thinking or be marginalised", which prohibit alternative ways of doing and thinking that are harmless, but are seen as different to the expected norm.  This suppresses innovation and independent thinking, and can be associated with discrimination against vulnerable, disadvantaged and/or minority groups.
  • Collective punishment/punishment by association- prohibiting and punishing responsible ways of doing and thinking by association with the actions of an irresponsible minority.
One common danger of setting up rules that are too restrictive, and arguing that they should be obeyed purely because "rules are rules", is that some people may rebel against rules in general as a result (including the good ones, as well as the bad) rather than just rebelling against the bad ones, and that can lead to anarchic underground cultures, for example.