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References

We live in a world increasing comprised of what Lorraine Daston would call “thin” rules — specific, formalistic, algorithmic micro-rules designed for literal and measurable compliance. Contrast these with “thick rules”, which are generalised principles requiring comprehension, judgment and balance. “avoid conflicts of interest”. “Treat your customers fairly”.

It is part of JC’s ongoing mantra that as we surrender ourselves to the deterministic dogma of scale wherein we can and should be managed by algorithm — where we trust the deterministic predictability of algorithms and distrust the ineffable metis, judgment and human experience — not measurably “fair” in the sense of even and predictable — we lose something very important.

Anyhow.

The problem is that ineffable thick principles do not reduce themselves conveniently into thin rules, as our literature never tires of reminding us. This is the essential moral of any story in the “be careful what you wish for” genre: Aladdin and his lamp, the sorcerer ’s apprentice.

So we need some metis to pick these rules apart. Nowhere is more beset with thin rules than financial services. There is some irony that those who make the rules are generally not prepared to say what they mean, so if one wants to know, one must seek the, well metis, of one who holds themselves out as expert and who is, for a fee, prepared to say. A lawyer.

Now no commercial client comes to a lawyer with such a question without also having in mind an idea answer. Something along the lines of “it is fine for me to do/not do this”, depending on the commercial implication.

The thing rule will be there, spread between legislation, supporting regulation, previously issued guidanc e

See also

• {{br|Rules: A Short History of What We Live By}