A Thing Called Freedom

Way back when I was in my early teens, I was taught that freedom can only exist within a framework of rules.  Without rules, freedom would run amok and result in more harm than good.  Clearly defined rules and good enforcement help build trust in a system and ensure that it is functioning properly for the benefit of all.

As an analogy, anyone with a valid driver's license may drive a car provided that he or she is prepared to respect all traffic signs and rules posted.  If the rules are not obeyed, there would be total chaos on the streets and innocent pedestrians and other drivers would be at risk of harm and injury.  Traffic rules are built on logic (reaction times, road conditions, etc.) - they are not there to impede progress but to keep order so that everyone can get to their destination safely in due time.

The notion of absolute freedom cannot exist in any society because the good of the larger community must prevail.  The driver's right is not prejudiced by the traffic rules - he/she is free to drive so long as the rules that applies to everyone is followed.

Why am I writing about freedom and rules?  Quite simply, in the light of the financial debacles we have recently witnessed, it is clear that the degree of freedom that was accorded to the financial industry led to abuses and ultimately a crash that hurt many innocents and retirement egg-nests' values were destroyed or, in the worst of cases, completely wiped out.  In the light of what has happened, it is clear that we need a fresh look at how to prevent similar crashes in the future and we need to write smarter rules.

For far too long, we have relied too heavily on the word of the law and not the spirit of what was intended by those laws.  This trend stems from the fact that it is easier to apply a prescribed set of do's and do not's than to leave it to the interpretation of the authorities.  The problem with that thinking is that as new processes and technology is adopted, hard coded rules must be revised to keep up and we end up with volumes and tomes of legal prescriptions that no lay man can hope to fully grasp or understand anymore.  At the same time, the 'pros' exploit the gaps in the rule books to profit from the unwary and uninformed.

The recent meltdown of what were once giants in financial institutions and insurers, the investment fraud perpetrated by Madoff point clearly to the need for a more comprehensive and intelligent way of ensuring compliance and reliability of the system.