Showing posts with label Compliance. Show all posts
Showing posts with label Compliance. Show all posts

23 September 2008

The value of inconvenience

By almost any meaningful performance measurement, the U.S. economy in the 20th century performed better under Democratic administrations than under Republican ones. Reflecting on this seeming paradox, Christopher Carroll suggests that

perhaps the best explanation has to do with attitudes, not doctrines: Maybe capitalism works better when its excesses are restrained by skeptics than when true-believers are writing, interpreting, judging, and executing the rules of the game. (The Democrats are surely the more skeptical of our two parties).
Most would agree that restraining the excesses of almost anything counts as good sense, but this is only a preliminary step toward a bigger and more interesting idea:
Capitalism works better when it is being held accountable to some external standard than when left to its own devices.
The whole system works better when "held accountable to some external standard," when it is, in a word, constrained. Optimal performance, in other words, is the fruit of struggle. Make things too easy and performance declines.
Easy Living
Relaxed external standards? Check. Highlight reel material? Not so much.

Consider how effective coaches pull outstanding athletic performance from their players. Good coaches don't let their players do whatever they want, without accountability or oversight; they create rules and systems of accountability. A good soccer coach makes you use your weak foot in order to develop it. A good swimming coach pushes you to hold your breath longer. Optimal athletic performance depends upon the measured application of psychological and physiological pressure. (Go watch Gavin O'Connor's Miracle to see a dramatization of great coaching.) Good coaches don't remove limitations--they use them.

Or consider architectural and industrial design. The famous designer Charles Eames (yet another famous St. Louisan) once remarked:
Design depends largely on constraints.
We tend to believe that creativity is best served by removing constraints. If we could just somehow make the process of invention easier for the inventor, we imagine that she would be more inventive. But the opposite is usually true. People get creative--truly creative--when challenged to negotiate constraints. Budgets (within reason) push architects to develop new strategies to solve old problems. (The story of how the design of Seattle's new public library building developed is a great example.) The particularities of manufacturing processes push industrial designers to find solutions which challenge convention. (The story of the how the first commercially viable computer mouse was designed is a textbook example.) Constraints drive creativity.
Goldsworthy Boxed Tree
Artist Andy Goldsworthy creates astonishing ephemeral works using only the materials he finds on site during his wilderness hikes: creativity driven by constraint.

The same is true in business. Real innovation happens where someone discovers a new way to scratch an old itch, where someone thinks through a problem in a new way (even if it's simply a new application of an old technology). When we talk about innovation happening "at the edges" of a market or industry, what we mean is that innovation happens where business rubs up against constraints. (The "mainstream" of anything is where things flow smoothly, right?) We can't have innovation--and capitalism's greatest strength as an economic system is its powerful incentives for innovation--unless we have the right kind of rules and restrictions. (The question of "more" regulation versus "less" regulation is puerile. The kind of regulation matters more than the amount.) The free market, to put it pointedly, is only as free as its constraints force it to be.

Of course, constraints are damned inconvenient. And that's precisely the point. It's often--if not always--in response to inconveniences that people are most creative, most inventive, most innovative. And so we're led inevitably to the conclusion that inconveniences can be useful.
Gridlock
"Traffic lights are just the Man keeping us down! We will not be constrained!"

Some inconveniences, naturally, are more useful than others, but that hardly obviates the necessity of inconvenience for optimal performance. It's easy enough to see how inconveniencing others might be worthwhile, but it's one of the marks of emotional maturity to see the value of inconvenience for oneself. Politics--in the largest possible sense of the word--is only possible because we deliberately accept to be inconvenienced in certain ways (e.g., we don't simply use whichever car is closest, use guns to force our crushes to go out with us, or lynch elected officials from opposing parties). We recognize that our condition is collectively better when we all accept to be inconvenienced in certain ways. (Again, the kind of self-regulation matters more than the amount.)

Finding--and enforcing--the right kind of constraints is key to getting the most out of people, as innovators, as politicians, as artists, as designers, and even as citizens. We would all of us do well to remember that inconvenience--yes, even our own--often serves us much, much better than convenience.

20 March 2006

Ethics goes sci-fi

Australia's St. James Ethics Centre (SJEC) proposes a bold vision:

we seek to bring about a world in which people feel free to include the ethical dimension in their daily lives
How many ways is this statement silly? Let me count the ways:

1) When they say that they're "seeking," don't they mean "acting?" Or maybe "struggling?" Doesn't sound like they know what they're doing, does it?

2) Someday someone's going to take me to visit the "ethical dimension," and I'm sure it'll be better than Doctor Who on party pills. Until then, I’m going to insist that SJEC's use of dimensionality as a metaphor for ethics is both misleading and revealing. Misleading because it implies that ethics, as its own dimension, is skew to the rest of life, intersecting it only at one point. But ethics saturates life; every action is ethically freighted. Further, the metaphor suggests that ethics reduces to a geometricized calculus—a vector equation. The metaphor is revealing because it shows that SJEC is insensitive to the absurd connotations insinuated by their language.

Extrapolating from the latest ethical probe data, top government artists offer tantalizing glimpses of what the ethical dimension might actually be like.

3) "To bring about a world" has such a lovely, dystopian ring to it. Seriously, I thought God already took care of the whole world-bringing-about business--first two chapters of Genesis and all that. Promethean pretensions like these are vapid to the point of being dangerous—and that’s on top of being irritating.

4) When they say they want "people [to] feel free to include the ethical dimension," it sounds like they're insisting that we make the most of the all-you-can-eat salad bar. "No, really. Go ahead and take all the ethical dimension you can stomach. There's plenty more in the kitchen." The sentiment is very sweet, but can we please find a less Donna Reed way to say this?

Our new ethics bar features virtues, moral principles, and fresh tomatoes. Satiate the saint in you for only $9.95!

5) I'm sure that the SJEC boasts a membership as erudite as it is pompous, but where do they get off suggesting to the rest of us that we “feel free” to get down with our ethical selves? First off, what’s with the nudge-nudge, wink-wink? If the rest of us are bad people, just come right out and say it. We’ll have a good clean argument and see who’s right, who’s bad, and who’s eye-rollingly self-righteous. Second, ethics is one of the foundations of human life whether we like it or not. (Tom DeLay, good postmodern that he is, probably convinced himself that that irksome ethical dimension was just a figment of the ol' imagination; but surprise, surprise--it turned out to be plenty real.) "Feeling free" has nothing to do with it. And third, ethics isn't patty-cake and crumpets. It’s not about comfort, but about excellence. We're already and always eyebrow deep in the sludge of questions concerning the best way to navigate life. Ethics concerns hard-won wisdom about the human good, hard-bitten advice given in the teeth of a dilemma, and hard-core you-break-it-you-bought-it consequentialism. (Anyone who thinks forgiveness is soft needs to think harder about what his parents did to him as a child.)

6) Somebody please tap me on the shoulder and let me know when our "daily lives" start happening. You know, as opposed to our other lives--the non-daily ones. This definitely isn't the first time I've heard of this "daily" life I'm supposed to be leading; I’m always the last one to the party. To the SJEC vision committee: adjectives—such as “daily”—are supposed to descriptive, not rhetorical. And as I said before, every action already and always carries ethical significance and imposes ethical consequences. Ethic significance is omnichronic; no deed to dilute it to "daily."

7) Last, but not least: the statement cited above isn't a vision statement; it's a mission statement. A vision statement describes what you'd like to see happen in future. (Hence the use of the word, "vision.") A mission statement describes what you plan to accomplish. (Hence the use of the word, "mission.")

16 March 2006

Professionalizing ethics

As if we weren't confused enough about ethics these days. Today the Society of Corporate Compliance and Ethics (SCCE) will recognize 6 "Compliance Champions" for... well, for complying. And for making sure other people comply, too. "Comply with what?" you ask. Well, they explain:

Compliance professionals develop and oversee corporate compliance programs to ensure that their organizations comply with state and federal regulations.
Wait a minute. "Compliance professionals?" Professionals who ensures that organizations “comply with state and federal regulations?” Don’t you mean law enforcement officers? One might think that we already have enough people on top of the whole compliance issue (as in, nearly 800,000 as of 2000–-not counting federal regulators and officers). But cops, as we know, don’t—indeed can’t—force people to act ethically. No one can.

Hate to be the buzz-killer, SCCE, but at bottom, your “compliance professionals” are just security guards: privately employed rule-enforcers. So what’s with this language about ethics?

Highly competent compliance professionals are already active in your neighborhood.

On the surface, the SCCE looks like a bunch of quasi-academics trying to capitalize on corporate America’s rash of scandals. Dig a little bit deeper, though, and something stranger and more insidious pops up. The SCCE isn’t a group of concerned citizens banding together to fight corporate excesses; it’s a new professional advocacy group, with its sights set on introducing the process of certification into the arena of ethics.

Certified Smart Guys earn more than their uncertified (but equally Smart) counterparts.

Probably they’re just too foolish or greedy to stop and really think about this. The thing is, certification concerns technical know-how. Professions such as law, medicine, and engineering use certification precisely to enforce their monopolies, which we countenance only because we presume that no one else is competent to oversee them.

Only lawyers, for example, possess the technical knowledge necessary to spot the incompetence and/or clever malfeasance of other lawyers. But what sane, sound, adult (apart from these guys) isn’t competent to render ethical judgement? Ethical authority doesn’t derive from technical knowledge; it derives from wisdom. So either the SCCE thinks that there’s no difference between knowledge and wisdom (which is foolish), or they think that other people won’t care and will pay for their “certified” wisdom anyhow (which is greedy).

In any case, as any half-conscious American knows, compliance with the law and ethical action are two completely different things. It’s both confusing and dangerous to conflate the two. Being ethical does NOT mean complying with state and federal regulations. (“Civil Disobedience” anyone?) Like any sensible person, I think it’s obvious that corporations need competent oversight. I also think that corporations ought to act ethically no matter what the law is. Just because something is legal don’t make it right or good, and just because it’s illegal don’t make it wrong or bad. (“Letter from the Birmingham Jail” anyone?)