Book: The Utopia of Rules: On Technology, Stupidity, and the Secret Joys of Bureaucracy
Quotes of Book: The Utopia of Rules: On
It's worth thinking about language for a moment, because one thing it reveals, probably better than any other example, is that there is a basic paradox in our very idea of freedom. On the one hand, rules are by their nature constraining. Speech codes, rules of etiquette, and grammatical rules, all have the effect of limiting what we can and cannot say. It is not for nothing that we all have the pictures of the schoolmarm rapping a child across the knuckles for some grammatical error as one of our primordial images of oppression. But at the same time, if there were no shared conventions of any kind--no semantics, syntax, phonemics--we'd all just be babbling incoherently and wouldn't be able to communicate with each other at all. Obviously in such circumstances none of us would be free to do much of anything. So at some point along the way, rules-as-constraining pass over into rules-as-enabling, even if it's impossible to say exactly where. Freedom, then, really is the tension of the free play of human creativity against the rules it is constantly generating. And this is what linguists always observe. There is no language without grammar. But there is also no language in which everything, including grammar, is not constantly changing all the time. {p. 200} book-quoteMax Weber famously pointed out that a sovereign state's institutional representatives maintain a monopoly on the right of violence within the state's territory. Normally, this violence can only be exercised by certain duly authorized officials {soldiers, police, jailers}, or those authorized by such officials {airport security, private guards…}, and only in a manne explicitly designated by law. But ultimately, sovereign power really is, still, the right to brush such legalities aside, or to make them up as one goes along. The United States might call itself "a country of laws, not men", but as we have learned in recent years, American presidents can order torture, assassinations, domestic surveillance programs, even set up extra-legal zones like Guantanamo where they can treat prisoners pretty much any way they choose to. Even on the lowest levels, those who enforce the law are not really subject to it. It's extraordinary difficult, for instance, for a police officer to do *anything* to an American citizen that would lead to that officer being convicted of a crime. {p. 195} book-quoteMuch of what bureaucrats do, after all, is evaluate things. They are continually assessing, auditing, measuring, weighing the relative merits of different plans, proposals, applications, courses of action, or candidates for promotion. Market reforms only reinforce this tendency. This happens on every level. It is felt most cruelly by the poor, who are constantly monitored by an intrusive army of moralistic box-tickers assessing their child-rearing skills, inspecting their food cabinets to see if they are really cohabiting with their partners, determining whether they have been trying hard enough to find a job, or whether their medical conditions are really sufficiently sever to disqualify them from physical labor. All rich countries now employ legions of functionaries whose primary function is to make poor people feel bad about themselves. {p. 41} book-quoteI once attended a conference on the crises in the banking system where I was able to have a brief, informal chat with an economist for one of the Bretton Woods institutions {probably best I not say which}. I asked him why everyone was still waiting for even one bank official to be brought to trial for any act of fraud leading up to the crash of 2008.
OFFICIAL: Well, you have to understand the approach taken by U.S. prosecutors to financial fraud is always to negotiate a settlement. They don't want to have to go to trial. The upshot is always that the financial institution has to pay a fine, sometimes in the hundreds of millions, but they don't actually admit to any criminal liability. Their lawyers simply say they are not going to contest the charge, but if they pay, they havent't technically been found guilty of anything.
ME: So you're saying if the government discovers that Goldman Sachs, for instance, or Bank of America, has committed fraud, they effectively just charge them a penalty fee.
OFFICIAL: That's right.
ME: So in that case… okay, I guess the real question is this: has there ever been a case where the amount the firm had to pay was more than the amount of money they made from the fraud itself?
OFFICIAL: Oh no, not to my knowledge. Usually it's substantially less.
ME: So what are we talking here, 50 percent?
OFFICIAL: I'd say more like 20 to 30 percent on average. But it varies considerably case by case.
ME: Which means… correct me if I'm wrong, but doesn't that effectively mean the government is saying, "you can commit all the fraud you like, but if we catch you, you're going to have to give us our cut"?
OFFICIAL: Well, obviously I can't put it that way myself as long as I have this job… {p. 25-26} book-quote