Can’t we just ask the regulator?: Difference between revisions

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{{a|devil|}}it is well known and widely reported that regulations have become more complicated since those mad, dreamer days when Milton Friedman and Friedrich Hayek were the only guides to control of the market: “the rules are, there ain’t no rules” seems barbaric in its brutal simplicity — some would call that “elegant”, but there are always one or two who just can’t move on when the wind changes — and we are now mostly inured to the idea that our every action should be regulated.
{{a|devil|}}It is well known and widely reported that regulations have grown in complication since those mad, dreamer Thatchery days when rules were for birds and the Randian spirit of Aleister Crowley was the dominant fingerpost showing the way towards market governance


Being a pragmatist, it is not the JC’s motive to take sides in the regulatory war, other than to say however regulations are framed, justice and good governance — the well-rehearsed imperative for juridical [[certainty]] — requires them to be as plain, simple and clear as possible, and where, as now, those they are not, to be capable of simple divination and unjeopardising challenge.
“Do what thou wilt shall be the whole of the Law”.
 
What once seemed elegant now seems barbaric in its simplicity —  and we have long since grown inured to the idea that our every authorised action or financial impulse should be minutely monitored, reported, and regulated.
 
Being a pragmatist, it is not the JC’s motive to take sides in between paternalistic nannies and red-blooded monetarists, other than to say however regulations are framed, justice and good governance — the well-rehearsed imperative for juridical [[certainty]] — requires the rules to be as plain, simple and clear as possible, and where, as now, those they are not, to be capable of simple divination and unjeopardising challenge.


If the rules aren't clear, the regulator should be able to explain them and, in the case of unresolved ambiguity, make a call.
If the rules aren't clear, the regulator should be able to explain them and, in the case of unresolved ambiguity, make a call.


Anyone in the business will know this is the aspiration of an utter fantasist. Anglo Saxon regulators wouldn't dream of giving guidance, perhaps fearing the [[precedent]] an erroneous ruling night create, perhaps acknowledging that their own staff have no better ideas what the rules are meant to mean than anyone else.
Anyone in the business will know this is the aspiration of an utter fantasist. Anglo Saxon regulators wouldn't dream of giving guidance, perhaps fearing the [[precedent]] an erroneous ruling night create, perhaps acknowledging that their own staff have no better ideas what the rules are meant to mean than anyone else.

Revision as of 21:42, 26 September 2022

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It is well known and widely reported that regulations have grown in complication since those mad, dreamer Thatchery days when rules were for birds and the Randian spirit of Aleister Crowley was the dominant fingerpost showing the way towards market governance

“Do what thou wilt shall be the whole of the Law”.

What once seemed elegant now seems barbaric in its simplicity — and we have long since grown inured to the idea that our every authorised action or financial impulse should be minutely monitored, reported, and regulated.

Being a pragmatist, it is not the JC’s motive to take sides in between paternalistic nannies and red-blooded monetarists, other than to say however regulations are framed, justice and good governance — the well-rehearsed imperative for juridical certainty — requires the rules to be as plain, simple and clear as possible, and where, as now, those they are not, to be capable of simple divination and unjeopardising challenge.

If the rules aren't clear, the regulator should be able to explain them and, in the case of unresolved ambiguity, make a call.

Anyone in the business will know this is the aspiration of an utter fantasist. Anglo Saxon regulators wouldn't dream of giving guidance, perhaps fearing the precedent an erroneous ruling night create, perhaps acknowledging that their own staff have no better ideas what the rules are meant to mean than anyone else.

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