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===The [[commercial imperative]] of doubt=== | ===The [[commercial imperative]] of doubt=== | ||
At the heart of the commerce is ''[[trust]]'' and ''[[credit]]'': the expectation that one will ''[[be a good egg]]''. This is the ravishing beauty of [[laissez-faire]]: alone among polities it gets the alignment of [[Conflict of interest|interests]] right. It need not hope that actors are saints, or even that they will act out of public-spiritedness; indeed, it presumes they will not. The operating assumption of a market system is, “everyone for oneself.” ''There are no [[ally|allies]]''. | At the heart of the commerce is ''[[trust]]'' and ''[[credit]]'': the expectation that one will ''[[be a good egg]]''. This is the ravishing beauty of [[laissez-faire]]: almost alone among polities, it gets the alignment of [[Conflict of interest|interests]] right. It need not hope that actors are saints, or even that they will act out of public-spiritedness; indeed, it presumes they will not. The operating assumption of a market system is, “everyone for oneself.” ''There are no [[ally|allies]]''. | ||
Yet, through the magic of the [[iterated prisoner’s dilemma]], we are nonetheless incentivised to ''do the right thing'': the long-term payoff of repeated co-operation grossly outweighs the short-term bump of a single defection. We build not transactions, but relationships. Not ''goals of reward'', but ''systems of trust''. As they develop, relationships grow: the dinks and scuffs we sustain along the way toughen | Yet, through the magic of the [[iterated prisoner’s dilemma]], we are nonetheless incentivised to ''do the right thing'': the long-term payoff of repeated co-operation grossly outweighs the short-term bump of a single defection. We build not transactions, but ''relationships''. Not ''goals of reward'', but ''systems of trust''. As they develop, relationships grow: the dinks and scuffs we sustain along the way toughen up: if we manage them well, our relationships grow stronger. Relationships are, in this way, [[anti-fragile]]. We gain from being vulnerable. We have to put ourselves at risk to earn a greater reward. | ||
Relationships develop as ''markets'' develop, as ''technology'' develops, as ''competitors'' develop and as ''threats'' develop. Markets, technology, competitors and threats ''interact''. The landscape shifts. This is [[complex]], [[non-linear]] and [[unpredictable]]. We do not know where we are going. We cannot be [[certainty|certain]] about our future. A contract which tries, with infinite detail, to anticipate and codify the future ossified: it commits us to obsolescence. It entrenches | Relationships develop as ''markets'' develop, as ''technology'' develops, as ''competitors'' develop and as ''threats'' develop. Markets, technology, competitors and threats ''interact''. The landscape shape-shifts. This is [[complex]], [[non-linear]] and [[unpredictable]]. We do not, now, know where we are going. We cannot be [[certainty|certain]] about our future. A contract which tries, with infinite detail, to anticipate and codify the future only ossified it: in presuming our present boundaries are fixed, it commits us to just one kind of certainty: ''obsolescence''. It entrenches perspectives; binds us to methods which will become impractical. It ''blinds'' us to new ones which will be more suitable are resolutely better. | ||
An ode to [[certainty]] ''fossilises'' our commercial expectations on the day we form them. | An ode to [[certainty]] ''fossilises'' our commercial expectations on the day we form them. | ||
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Worse yet, it encourages those already in relationships to consider matters settled; impervious to improvement — even to ''discussion''. They might even ''avoid'' talking to each other, for fear of prejudicing their carefully constructed legal “protections”.<ref>Often unjustifiably. See: [[estoppel by waiver]].</ref> They may even feel, without [[Legal]]’s sanction, they ''cannot''. Things are at a pretty pass when market counterparties avoid talking to each other. | Worse yet, it encourages those already in relationships to consider matters settled; impervious to improvement — even to ''discussion''. They might even ''avoid'' talking to each other, for fear of prejudicing their carefully constructed legal “protections”.<ref>Often unjustifiably. See: [[estoppel by waiver]].</ref> They may even feel, without [[Legal]]’s sanction, they ''cannot''. Things are at a pretty pass when market counterparties avoid talking to each other. | ||
This is | This is not the optimal outcome. If there is a problem, ''get on the phone''. ''Talk''. Flex that relationship. ''Reinforce'' the capital you have so painstakingly built. In a [[positive-sum game|positive-sum relationship]], each party’s best outcome ''is the other’s wellbeing''. The longer our dancing partners live, ''the longer we can dance''.<ref>There is an uncomfortable echo of Chuck Prince’s notorious statement here, I realise.</ref> The value of a relationship is a function of ''time''. This is logically true for any relationship with a value that is not zero. For any positive-sum relationshhip prolonging it is the best outcome. (Any relationship you can’t reliably turn into a positive one, you should end now. Why wait?) | ||
Here, doubt is the best motivating factor; | Here, doubt is the best motivating factor; the comforting lurch towards [[certainty]] the worst impulse. An unforeseen scenario presents you with a dilemma. How you react to it might affect your client. What to do? Do you ask your client, or just check the [[verbiage]] and, if the coast is clear, carry on? | ||
The correct answer, which will rarely issue from | The correct answer, which will rarely issue from a [[legal eagle]]’s beak is, “well, why in God’s name are you asking ''me''? Shouldn’t you ask your ''client''?” | ||
For, really, what possible use is a clause your legal teams hammered out 10 years ago, in getting to the heart of the matter? If, now, your client would ''not'' like you to behave in this way, what difference does it make, to your ongoing relationship, that an ancient document says that you ''may''? Or, for that matter, ''vice versa''?<ref>Much more likely, [[the contract is silent|it ''won’t'' say you ''can’t'',]] which doesn’t really help anyone.</ref> | |||
In any case, isn’t that kind of doubt ''creative'': an opportunity for a conversation, which might lead, who knows where? | |||
Here a ''surfeit'' of [[certainty]] leads to bad outcomes: a damaging decision to disregard your client’s expectations, or a clumsy way of seeking its permission, where a quick phone call might have done the job and led to other opportunities. Wheeling out your [[legal eagle]]s to “paper” an [[amendment]], however benign you might believe it to be, will arouse your client’s suspicions: especially if, as inevitably they will, your legal team concocts five pages of dreary [[boilerplate]] to articulate it.<ref>Note here, recent efforts by the English courts to entrench the lawyer’s role in commercial negotiations through [[no oral modification]] clauses.</ref> | |||
Ultimately, where there is ''trust'' between the counterparties, and their relationship stays healthy, all you should need is a [[cocktail napkin]]. Really robust legal advice should be designed to keep things, as far as you can, so that neither party feels the need for anything more. | |||
If you have to go to your contract to save your relationship, you’ve already lost it. | |||
===The [[complexity]]-appropriateness of doubt=== | ===The [[complexity]]-appropriateness of doubt=== | ||
[[Certainty]] is appropriate to a [[simple]] system. It is the stuff of [[algorithm]]; of formal logic, of if-''this''-then-''that'' statements; of an equation to be solved. Where you are ''certain'' you can deploy [[playbook]]s and [[runbook]]s, your machines run on autopilot, your people are scarce and your contract is little more than a [[service level agreement|schedule of works]]. | |||
As the information revolution unfolds, this is a twilight world. Margins diminish. As dusk falls, we scramble around collecting ever fewer pennies in front of the onward progress of the same, monstrous, [[Entropy|entropic]] steam-roller. The better, and more widely dispersed our technology becomes, the less return there is to make. There is no assured annuity from computerisation. Just ask Eastman Kodak, Sears or the people who made aerogrammes. Ask the Parisienne artisan weavers put out of work by Joseph Jacquard’s new, [[Jacquard loom|automated looms]]. They threw their wooden “''sabots''” into the machines to damage the gears — “''[[sabotage]]''”, they called it — but they could not fight history. | |||
A world in which all outcomes | A world in which all outcomes ''can be coded for'' is one where ''no-one wants to play anymore''. It is fully priced. Margins are at zero. There is no surprise; there is no risk; all punchlines are known. It is a life of noughts and crosses<ref>''Tic-tac-toe'' to you, my American friends. The same will, in theory, one day be true of [[chess]] and [[go]] — but the calculations are exponentially harder.</ref> and not [[chess]], much less bridge or poker. At every point, there is a known optimal move: ''including at the first move''. If the optimal move is a [[known known]] (as it is in noughts and crosses, but is not ''yet'' in [[chess]]) the game is ''solved'': ''there is no point in playing''. This is not a competition of wits, but of memory and data processing power. That’s [[certainty]], and it isn’t interesting. | ||
[[Complex system]]s are not like that. They are “[[non-linear]]”. Non-adjacent components interact in unexpected ways. They do not have pre-defined boundaries. There is no common set of protocols; there are no agreed rules. Information is incomplete, ambiguous, and provisional. The system is not bounded; there is no complete data set: it is in perpetual flux. It is filled with independent systems and agents making their own independent decisions, each one of which alters the contours of the landscape. ''Everything is liable to change''. | |||
In a [[complex system]], [[algorithm]]s do not reliably work. They get in the way. You need ''experienced experts'' who can make educated guesses and provisional decisions based on incomplete information. You need people who are flexible, adaptable, and smart. ''You need people who are good at handling [[doubt]]''. Doubt is not a regrettable externality: it is the ''essence'' of the value proposition. ''Doubt is risk''. Without doubt, there is no reward. We should not seek to avoid, much less eliminate doubt. We should ''seek it out''. The person who succeeds in commerce is the one who is best able to handle ''doubt''. | |||
===Doubt as a self-enforcing moderator of extreme behaviour=== | ===Doubt as a self-enforcing moderator of extreme behaviour=== |