Governance consultants often discuss the importance of ‘the tone from the top’ when advising their clients on the best way to improve their performance. This phrase describes the source of an organisation’s culture. In a democracy, an essential hallmark of excellence is the commitment to a culture of lawfulness.
A nation is not so different from other organisations. Organisational culture is a powerful force that impacts the behaviour of its members. Political leaders that want to leave their mark on their followers work hard to establish a culture that supports their values. A nation’s culture is a more powerful influence on its citizens than the explicit orders and directives coming from above.
A country may enact the smartest laws. If the enforcement culture is missing, these laws will do very little to improve people’s lives. Most of Malta’s law books are among the more up-to-date. But the culture of enforcement is worryingly weak.
Just spend an hour driving on our congested roads and note the number of people using their mobile phones while driving. Has anyone ever tried to count the number of poorly maintained, slow-moving, heavy vehicles spouting clouds of toxic exhaust while going up the Mellieħa hill? How often do we see traffic law enforcers stopping offenders?
An increasing number of people are subscribing to the subculture built on the assumption that public land is for their personal use for as long as they wish. In summer public land near our beaches is taken over by caravan owners. Some people with a misguided sense of entitlement feel they have the right to occupy public land to have seafront accommodation for the summer season. No enforcement agency seems to be responsible to ensure everyone, and not just a few, enjoy the use of public land.
Some property developers have an even more perverse sense of entitlement. Ignoring the conditions of building permits when constructing a new property is a reality that few can deny. After all, it makes economic sense to break the law knowing that eventually, one can apply for ratification by paying a relatively small fee. When will we see buildings being pulled down because they were built illegally? A country’s culture is derived from customs, rituals and values of society. In a small island when often every single vote counts in an election, politicians fear that enforcement of perfectly sensible regulations could upset individuals or special interest groups. So turning a blind eye to abuse is often the most politically expedient strategy.
Without a culture of lawfulness, most people will not incline to access the system
A culture of lawfulness means the population, in general, follows the law and has a desire to access the justice system to address grievances. It does not mean every single individual is committed to the value of respect for the rule of law. It means that the average citizen believes formal laws and regulations are a fundamental part of justice or can be used to attain justice. It also means the justice system can truly enhance a person’s life and society.
Without a culture of lawfulness, most people will not incline to access the system. They often resort to the strategy of ‘if you cannot beat them, join them’. When politicians misbehave and abuse the trust that ordinary people place in them, the widespread support for the rule of law falters. Many will argue that if a rogue politician enjoys impunity, it may not be such a bad idea to break the law.
Some believe that the culture of lawfulness is alien to most Mediterranean countries. If this theory is true, then we face a daunting challenge to ensure sound public governance. But there are certainly ways to promote this culture.
Participation and communication can promote ownership of the culture of lawfulness. Participation means that ordinary people feel that they are part of the process and can use the law to improve their lives. Trust in law enforcement agencies including the police, public health regulators, as well as agencies that fight financial crime can only be built if people believe that these agencies are indeed autonomous and motivated by the common good.
When people start to feel part of the process of promoting the culture of lawfulness, they connect to their society. This strengthens social cohesion and builds trust with their political leaders and the justice system.
As in many other human activities, building a culture of lawfulness ultimately involves civic- and school-based education, centres of moral authority, and mass media and popular culture.