The Servant of the People: On the Power of Integrity in Politics and Government by Muel Kaptein - HTML preview

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2. Integrity demands knowledge of the rules

 

Rules serve to allow SPs to handle their power with integrity, providing clarity as to what counts as integrity and offering others possibilities for guiding and correcting SPs’ behavior. Since the rules are inextricably bound up with the job, an SP in a particular position must accept the associated rules. Not knowing or recognizing these constitutes a denial of the position. SPs must therefore be proactive in finding out about relevant rules in advance and while in office.

 

SPs may be scornful of the rules that apply to them, dismissing them as not be taken too seriously, there to be broken, a sign of weakness, or generally burdensome and no fun. All kinds  of reasons are given for non-compliance. SPs may say that the rules are antiquated, unnecessarily complex, impractical, oppressive, overly extensive, or patronizing. Even if this is true, it is a dangerous way to think.

 

Laws, codes of conduct, procedures, rules, regulations, and protocols do not exist by nature. They have been developed for a reason, with a function. That is because of the power all SPs possess. SPs receive power by dint of their positions, power that they would not otherwise have, such as  the power to decide, judge, speak, make promises, execute decisions, and check and sanction others. SPs may be empowered to make laws, award licenses, and invest money, or more concretely, to deport asylum seekers and refugees, declare war, and expropriate land from citizens.

 

It is essential that this power is used for the intended purpose, otherwise it would not have been granted with the job. It would be contradictory to allow SPs to act against the interests of those who put them in power. However, when people receive power, this gives rise to the possibility of misuse, in forms such as personal enrichment, favoritism, and  inappropriate infringement of the rights of others. Rules are there to limit the chance of abuse of power.

 

Their aim is firstly to make it clear to SPs what they should and should not do. Secondly, rules   enable enforcement, providing grounds for calling SPs   to account and imposing consequences where necessary. So rules are not only useful  for those they apply to, but also to those who benefit from SPs going about their work with integrity, offering them a way to guide and correct the behavior of SPs. This is why Scottish philosopher and political scientist David Hume said, The law always limits every power it gives.18

 

Rules therefore have a function that is inextricably bound up with the SPs position. In taking office, SPs accept that the associated rules apply. After all, it is neither honest nor consistent to accept the job but not the associated rules. It is a single package, all or nothing. Not knowing or acknowledging rules is therefore a denial of the job, and of those who created it, those who appointed or elected the SP, and especially those who should be served by it.

 

It is just like participating in a sports competition. Without rules there is no game. In fact, the rules make the game. Anyone who participates in the game must know the rules. Those who do not are denying the game, defying the referee, and disrespecting the public, thereby disqualifying themselves. They put themselves above the job as well as the rules, rendering themselves unsuitable.To put it a different way, if an SP shows no appreciation of the rules that apply to his or her own position, then those whose interests are represented by these rules will not appreciate the SP holding office. This is why many SP positions begin with swearing an oath or promising to comply with the law (in some cases with a hand on the book of law, as with the Russian president). If you wish to say yes to something, you need to know what  you are saying yes to, requiring knowledge of the rules and regulations.

 

“Integrity has no need of rules, stated French philosopher and  writer Albert Camus.19 He meant that where there is integrity, in the sense of the intention to use power well and not to abuse it, rules are unnecessary. However, it does not follow from this SPs who have integrity are allowed to ignore the rules. One of the meanings of integrity is unity. Being one with the position means knowing what it entails and the associated rules. Not knowing or recognizing the rules therefore indicates a lack of integrity.

 

Neither  should  Camus’  statement be taken  as meaning that rules and integrity are in conflict. This needs not be the case. Rules are intended to protect and promote integrity, encouraging SPs to use their power properly. Many SPs have been discredited because they were unfamiliar with the rules. For instance, a mayor got into trouble when he took his wife overseas on official business at the governments expense without knowing that the internal rules