Rules are Rules

They say there are two kinds of people: rule followers and rule breakers.

I was reminded of this while traveling in Singapore a couple weeks. Anyone who has visited Southeast Asia surely encountered the world's smelliest fruit, the durian. Whether in the streets of Chinatown or on a restaurant dessert list, this fruit is full of controversy. So much so that a rule was made to mitigate against the public nuisance caused by its nauseous smell, despite the demand and desire for the nutritious and, to some, tasty edible. In particular, durian is prohibited on the MRT public transportation. While the posted Regulations state "No Durian," what they do not state is any consequence, such as a fine. Contrast that with, for example, the $500 fine for drinking on the MRT. I found myself riding the MRT wondering whether not listing a fine makes the rule followed more or less. Could something worse than the fine be applied, such as a permanent ban on the MRT, jail time, or worse? Whatever the reason, I never saw, or smelled, a durian on the MRT. We were all rule followers.

Yet, even self-proclaimed rule followers have found themselves breaking a rule. How does that happen? Before one is categorized as a rule follower or rule breaker, one must first know the rule. From there, a decision can be made to ignore or work around the rule. Oftentimes, understanding the consequence factors into the decision.

In my world, the rule of law is discussed regularly with decision-makers. Invariably, the best decision-makers want to know the following:

1. the rule (be it statutory, common law or per the terms of a contract);

2. the consequence; and

3. the likelihood of such consequence.

Unfortunately, not all 3 may be known at a given moment, which can make decision-making far more difficult. Advisors, mentors, colleagues and trusted confidants can share experiences to help the decision-maker. In the end, while rules are rules, it is the decision-maker that chooses whether to be a rule follower or a rule breaker. Much like the durian, each stands to be loved by some and loathed by others.