Tuesday, March 11, 2014

There is the law and there is the spirit of the law

TV licenses were not created with the aim to prosecute individuals in court, but to find a sustainable way to fund public TV. If too many people are refusing to pay these licenses, maybe it is time to consider a new mechanism to fund public television.

Tax laws and fiscal regulations were not designed to pursue the low-income population that fail to accurately report on their income, but to make sure that those who generate wealth out of wealth, thanks to their privileged position, contribute back to the costs of the common system that helps them sustain their businesses.

Work redundancy procedures were not conceived to make business life difficult by protecting lazy employees. They were not designed either to make the lives of good employees miserable when companies want to unfairly dismiss them. These procedures originated from the need to make sure that people in business think before they act. They aim at ensuring that staff is recognised as a core piece of business success.

In all cases, perception of fairness boils down to admitting that laws are intimately related to the reasons why they were created in the first place. These reasons are what we usually call the spirit of the law.

Those who strictly follow the law but fail to support the spirit of the law can be openly considered cheats. When they are fully aware that there is something morally not right in their behaviour is twice as unjustifiable.

Most times, high technical and legislative knowledge is required to avoid complying with the spirit of a law. Thus, avoiding the spirit is, by all means, a deliberate decision.

Laws need to continuously evolve to fight imaginative financial/tax engineering. It is a never ending race: “Every law has its loophole”.

As consumers, employees and citizens, it is in our hand to support with our behaviour those businesses and people that not only stick to the law but above all follow the spirit of the law.