Whenever I encounter a problem, I look first to instinctive solutions. If non present themselves, I look at similar situations I have been in before and see if similar solutions apply. Failing that, I seek advice but if non is available, I tend to revert to a rule based approach that mostly follows the six thinking hats process. For those not in the know, this is where you gather information, look at the downside of taking no action or taking different actions, look at the corresponding upsides, inject some creativity and finally come to a conclusion.
Even in describing the process I go through, I am essentially laying down a methodology, a guideline or set of rules.
Rules pursue us.
Our pattern recognition nature is always looking for rules so that we can develop predictable processes. Human nature seems both to abhor and crave randomness in our daily lives. We want a rule based life so that little can blindside us but also need the spontaneity of the unexpected as long as its primary consequence is to delight.
The problem with an over reliance on rules, however, is that they throw up barriers to alternate action and behaviour. Mandatory minimum sentencing in criminal cases is a case in point in that it can lead to gross distortions of justice akin to Jean Valjean’s five year sentence for stealing a loaf of bread. Judges are often constrained from using their common sense in such cases.
Traffic rules are another good example of a methodology designed to structure, streamline and make driving safer that can often produce the opposite effect. Towns in the Netherlands, Germany and the UK have initiated projects to remove traffic signals from their busy intersections as a way of creating what they call “shared spaces”. The results have been remarkable. Instead of a crash a minute, accidents have gone down while wait times through or across the intersections have likewise reduced both for drivers and pedestrians. Without the over reliance on rules, drivers are acting more like people. They are watching the road instead of the lights, being cautious and civil to the other shared users instead of following a rule that gives them temporary right of way.
I see a similar issue in those areas of Iraq where religion is predominant without a qualifying level of education. In one case, a father put his daughter to death because she flirted with an English soldier. In UK, honour killings work the same way in that male family elders will punish and kill children who they deem to have dishonored them by dating or marrying someone from the “wrong” religion. Would I put this down to lack of education or more likely a false reliance on the letter of religious law?
It seems that all these cases are problematic because people are using rules to either remove their personal responsibility or satisfy an unpleasant impulse, be it greed, pride or vanity. They become rule following machines and lose their humanity.
I am not advocating the end of all rules. On the contrary, some rules are very good. I only wish more countries, yes I am looking at you USA, would fully embrace the rule against killing people. Any society that advocates the forceful ending of a person’s life under the right conditions should not be surprised when people take it onto themselves to sometimes decide those conditions.
The thing about rules is that we cannot regulate every element of our lives and any attempt to do so lends a false authority and arrogance to those who feel they are on the right side of that law. Instead of being reasonable, we become legalistic. Any society so constituted, and yes, I am looking at you again USA, falls to the un-mercy of the superego rather than the more reconciling ego.
Such societies cannot help becoming mean and intolerant of others. The cold hard rule is king and our shared humanity is left bleeding on the roadside. Those on the losing side may look for mercy, may ask for it, but that is what losers do, they whine about fluffy intangibles. I have the law on my side, I need pay no heed.
The path forward seems thus plain. We can push the legality further and make laws for kindness and friendship or we can free ourselves from an overwhelming legal system that most can barely understand. Laws should exist but perhaps we need less of them and those we do have, should be easy to understand.
One might even apply such an idea to our religious lives. Rather than an assumption of one path being right while another is wrong, we should simply approach religious doctrine as a guide providing one winding walkway to heaven. We should accept that these are not rules and that others, following quite opposite paths, can similarly arrive at a nirvanic destination.