For those of us who have grown up in environments where ‘hand shake deals’ and ‘your word is your bond’ were expected, and the punishment for breaking trust was not generally settled in a court room, the modern world of business can be perplexing at best and downright soul destroying at worst, writes Dennis McIntyre.
When laws are created, they are created in a certain spirit, which has a very practical application to specific circumstances and intentions. Unfortunately, those involved in administering and enforcing the law once a law is passed, only have the technical letter of the law to go on and very little grasp of the spirit of the law.
For the most part, they are not privy
to the exact reasons and/or circumstances that provided impetus for the law’s creation in the first place.
The spirit of contractual law is that you and I will do as we say in the manner and spirit in which we agreed. For criminal law it is essentially not to cause harm to others in person or property. The volumes though of technically drawn up legislation is beyond most mortal comprehension, thus making the position of a magistrate one of not only immense responsibility but a position that requires years and years of continuous study.
The frustrating and disappointing issues with commercial law is that in some instances the letter of the law may not be broken, but the trust between parties and the moral equation is definitely destroyed. The letter of the law does not always (and some would say ‘rarely’) serve the right and proper thing.
Philosophers may debate over this subject, yet most of us are well aware that often, what was agreed in spirit in the beginning has been swept aside for what is written in tiny, technical clauses and sub-clauses on paper.
Therefore in the ‘modern school’ any entity wishing to do business must spend a considerable amount of money and time in hiring the proper legally trained persons to assist in formulating contracts and agreements, or going over the contracts presented in great detail. For this you will burn through as lawyers certainly know how to charge.
Here lies the conflict of interest. In this country, many politicians are lawyers or ex-lawyers. The legislation they create is complex to the point where Australia is fast becoming known worldwide as the Nanny State. Due to the complex web of rules and regulations it is nearly impossible to make your own way through the business world, thus relying more on lawyers who charge like a wounded bull for even the most seemingly simple of tasks like sending an email…
Excerpted from an article originally published in the April/May 2014 issue of Think & Grow Rich Inc. magazine. If you are a subscriber to Think & Grow Rich Inc. magazine, you will receive this article in your April/May 2014 issue of TGR. If you are not a subscriber, click here to subscribe.