Laws and Moral Obligations

Just because there are no laws about certain acts, it should not be interpreted to be a free-for-all, do as you please, wild-wild-west playground where the strong and the quick are allowed to prey on the less nimble and the weak.

Laws, rules and regulations cannot be (and we should not expect it to be) so comprehensive that it fully protects against every possible scam or scheme concocted by some clever guy who knows the rules and the loopholes.  Clearly, any rule that is comprehensive and complete would be so voluminous that it would be too costly for individuals and businesses to keep tab of and to adhere to.  It would be equally costly for the government to ensure compliance.

Even the Ten Commandments are merely broad, basic tenets to live by. “Thou shalt not kill” does not prescribe the ways that one can commit murder.  It wasn’t and it shouldn’t be necessary.  The intent is clear and we are expected guided by our conscience, our inner moral selves.

Where the law is silent, the unwritten moral code must come into play.  The question that we must always ask of ourselves is: “Is it morally correct to do this?”  It is hard to codify morals.  Even so, it is our duty to ask that question and apply the standard of moral that is appropriate, acceptable and expected of us.  The more power we exercise over others and the more our actions impact the lives of others, the higher that moral standard becomes.

The image of America and Americans in the eyes of the world suffers when, as a result of our actions (or inactions), a global crisis ensues.  Our struggle against terrorism will fail if the world perceives us to be worshippers of greed and gold, ready to sacrifice the well being of others for personal gains.  Capitalism without morals erodes the very foundation of our country, our unity, our strength. 

The founding fathers of the United States of America, in crafting the Constitution, began it with a short preamble that is just as important, if not more so than all the articles of the constitution that follows it. 

“We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United Sates of America”. 

It is an emphatic summary of the overarching goals of the Constitution, the law of the land.  It underscores the moral objectives behind each article of the Constitution.  It brings out the need to apply the ‘spirit of the law’ – captured in the preamble itself - where the ‘word of the law’ is absent or silent on a particular issue. 

The success of America on the world’s stage stems from its willingness and ability to think and act for the common good of everyone; its generosity when calamities befall others; and its willingness to stand up and fight for freedom and the basic rights of ALL people, as if we are ONE people. 

When we look back at history, the defining moments of greatness and success are always associated with what one has done to establish justice… promote the general welfare of all people… and secure the blessings of liberty to ourselves and our posterity.  It is not “all about ME” and it certainly is not all about the millions in profits and bonuses that some would brag about. 

The success of an individual is measured not by his/her wealth but by his/her legacy of deeds that has benefitted others.  We can inherit wealth but we cannot inherit greatness. 

The goodness of our actions is not defined by whether it is legal but by whether it is moral.

Worst Case Scenarios

The best CEOs in the world – whether they run multinational corporations or small, growing businesses – are those who possess, among other traits, the ability to understand what the ‘worst case scenarios’ could be for their businesses and they keep a keen eye over those risks and exposures.  Like a hawk watching over its prey, they’ll swoop in with lightning speed and remove the threat preemptively. 

Sounds like paranoia?  Sure, but that is what it takes to successfully run a company and prevent the business from being overtaken by the competition and the ever-changing business landscape.  In almost every analysis of failed or failing businesses, the result will inevitably show that the managers and executives had taken their eyes off the risks. 

Everyday, businesses (and investors) take risk and they expect to be rewarded for doing so.  Risks are a normal part of business – whether it is in the form of new investments (assets, manufacturing plants and equipment) or inventory (stocking up ahead of the holiday season) or in granting credit (facilitating customer purchases), there are risks.  However, service and product pricing can only assume that there will be certain reasonable risks – otherwise, few people will be able to afford to buy the service or product.   The impact of a ‘worst case scenario’ (and varying degrees of that) must therefore be evaluated and avoided (where possible) or hedged against where the likelihood of it occurring is more probable than not.

Consider the car-manufacturing business.  For decades, fuel costs were low (some might even remember when a gallon of gas cost less than a bottle of Coke) and manufacturers had no worries about what could happen to their business model if the cost of gas doubled or tripled.  Despite the Clean Air Act of 1963 and the public’s support of the electric car, manufacturers that had leased fully working production models to the public removed them from the market.  They could not and would not imagine that the ‘worst case scenario’ would happen – that gas prices could go so high so quickly. 

When gas prices in the US started its fast track upwards and broke the $4 per gallon mark in the summer of 2008, gas guzzling SUVs and fancy big cars weren’t selling anymore and a paradigm shift occurred.  Hybrids cars went from being a fashion item to being a necessity and the return of the electric car became inevitable, sending those same auto-manufacturers scrambling back to their drawing board to come up with a product. 

Just as suddenly, automakers were faced with a credit crunch (thanks to the near collapse of the financial markets due to property speculation, sub-prime mortgages and collateralized debt obligations) at a time where declining sales resulted in a burgeoning inventory of unsold units on the dealers lots all around the country.  To make the whole thing worse, an increasing burden of pension obligations began to appear on their books (thanks to new financial reporting regulations) and forced those that were ill prepared or undercapitalized to file for bankruptcy protection.  The ‘worst case scenarios’ that they did not or would not permit themselves to worry about became a reality.  Lesson learned: one can only put off dealing with problems for so long - they will not go away and the consequences can and will likely become increasingly severe the longer we hold out.

The age-old adage “don’t put all your eggs in one basked” pretty much sums up what business need to be doing to stay ahead of the ‘worst case scenario’.   If and when the ‘worst case scenario’ happens, the business must not be found wanting.

Even in our personal lives, we need to always have an ‘exit strategy’ – just so that if ever the ‘worst case scenario’ happens, we know where we’ll end up and we have a ‘Plan-B’ that we can put into action. 

In learning how to ski, what stuck with me the most was the instruction I received on how to fall without incurring avoidable injuries and how to slow the fall or the slide down a slope and to get up and get going again. 

Parents have a tendency to be overly protective of their children.  Instead of teaching them how to anticipate problems and to cope in the event that bad and undesirable events took place, many parents do everything they can to put their child into ‘safe’ spaces so that their young would never have to deal with the disappointments in life.  In reality, they are only trying to spare themselves of the heartache and pain of ever seeing their own flesh and blood in a bad spot. 

My parents did not have the means or luxury of weaving protective cocoons around their children so they taught us the best way to cope, to fill our bellies when the rice jar was running low, to spice up the curry when there’s little to go with the rice on the table.  Although illiterate themselves, they taught us to study hard so we could have a better life than they did.  We learned what the ‘worst case scenarios’ could be and we learned enough to steer clear from them. 

When you have only one egg in the basket, you’ll quickly learn never to let the basket fall.  And if it should fall, you have done everything you could to keep the floor clean so you can still make a meal out of the broken egg.