Risk taxonomy: Difference between revisions

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}}A fine occupation for the idle [[Mediocre lawyer|lawyer]]: Describing, and grouping in relation to each other, the entire catalog of risks that face your undertaking, as if unrealised legal hazards can be ranked, boxed and sorted like the phyla of butterflies, tits or thrush.  
}}A fine occupation for the idle [[Mediocre lawyer|lawyer]]: Describing, and grouping in relation to each other, the entire catalog of risks that face your undertaking, as if unrealised legal hazards can be ranked, boxed and sorted like the phyla of butterflies, tits or thrush.  


This exercise can occupy as little — a breakout session on an away-day — or as much — the permanent task of a dedicated division in the department — of your firm's intellectual capacity as you have going spare: organisations that run to the bureaucratic<ref>''You'' know who you are.</ref> may become so swooned by this notion that they can find little time to do anything else. For how can one asses the risks of a transaction if one doesn't know from which family of what genus in what species it hails?
This exercise can occupy as little — a breakout session on an away-day — or as much — the permanent task of a dedicated division in the department — of your firm's intellectual capacity as you have going spare: organisations that run to the bureaucratic<ref>''You'' know who you are.</ref> may become so swooned by this notion that they can find little time to do anything else. For how can one assess a risk without knowing from which family of what genus in what species it hails?


===The problem with risk taxonomies===
===The problem with risk taxonomies===
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====It’s a [[narrative]]====
====It’s a [[narrative]]====
Any [[taxonomy]] is a [[narrative]]. Like any hierarchical organising system, a [[taxonomy]] commits you to ''one'' way of looking at the world, ''at the expense of all others''. Now this a necessary evil when it comes to concrete physical things, like books: the [[Dewey decimal system]] is a single hierarchy — a ''[[narrative]]'' — by necessity: a physical thing cannot be in two places at once. So all library users agree a common taxonomy (subject matter, not author, or title, or publisher) and, for better or worse, stick to it.  
Any [[taxonomy]] is a [[narrative]]. Like any hierarchical organising system, a [[taxonomy]] commits you to ''one'' way of looking at the world, ''at the expense of all others''. Now this a necessary evil when it comes to concrete, physical things, like books: the [[Dewey decimal system]] is a single hierarchy — a ''[[narrative]]'' — by necessity: a physical thing cannot be in two places at once. So the curator of a library — libraries: remember them? — must settle on a single taxonomy (subject matter, not author, or title, or publisher) and, for better or worse, stick to it. Because one physical book can’t be in two places at once.


But ''legal'' risks ''aren’t'' concrete things. They have no concrete existence at all. They’re amorphous, will-o’-the-wisp, they are [[black swan]]s — the biggest risks don’t necessarily exist on the frame of consciousness of even the most paranoid [[risk controller]] ''before they happen''. Indeed, ''that '''is''' the risk''. New risks will, by definition, inhibit the seams, cracks and weak joints of your narrative — they will prompt your change in [[narrative]]. Their scars will prompt you to build a new stable around the space where the horse ''you didn’t even know was there'' turns out to have been standing before it bolted. Subtly, the [[general counsel]] will mandate a new [[service catalog]]. {{sex|He}} will commission a working group to build a new [[risk taxonomy]].
But ''legal'' risks ''aren’t'' physical things. They aren’t concrete. They are the must ''un''concrete things imaginable. They’re amorphous, will-o’-the-wisp, [[black swan]]s: they [[emergent|emerge]], coagulating in mid air like suffocating ectoplasms, from ''nowhere''. These are obstreporous phantoms, silently incubating in harmless, dusty corners so [[tedious]] we can scarcely bring ourselves to look at them<ref>Like the BBA’s process for setting the sleepy old [[London Inter Bank Offered Rate]]. Anyone [https://www.google.com/search?&q=libor+%22mundane%22+%22boring%22 Remember that old yawnfest?.</ref> — the biggest risks don’t necessarily exist on the frame of consciousness of even the most paranoid [[risk controller]] ''before they happen''. Indeed, ''that '''is''' the risk''. New risks will, by definition, inhibit the seams, cracks and weak joints of your narrative — they will prompt your change in [[narrative]]. Their scars will prompt you to build a new stable around the space where the horse ''you didn’t even know was there'' turns out to have been standing before it bolted. Subtly, the [[general counsel]] will mandate a new [[service catalog]]. {{sex|He}} will commission a working group to build a new [[risk taxonomy]].