Judges as Social Engineers


Our courts still follow the idea of stare decisis. This adherence to precedent furnishes a system whereby a businessman or businesswoman may act in a certain way, confident that this action will have a known legal effect. At times, however, some modern judges feel that it is their duty to engage in the practice that lawyers term social engineering—shaping the law to the judge’s own individual social and economic beliefs.

When a judge tailors a decision to personal ideas about how society should operate, the holding of the court may be directly opposite to what the legislature intended by the passage of the law. Many legal observers feel that this social engineering by judges is an outright usurpation of the privileges and responsibilities of the legislature. Many critics feel that the laws should be made by the legislative branch of government, not by the holding of a court. Business and trade interests usually favor the idea of permitting the legislature to enact the laws.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

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Speaking the Body Language


About 60 to 70 percent of what we communicate has nothing to do with words. More important than speaking the language is what you communicate without words. Many travelers trust that if they don’t speak the language, there are a hundred gestures to get across almost any meaning. But gestures have quite different meanings in different parts of the world; body language is not universal. Subtleties are noticed, like the length of time you hold on while shaking hands. On a very unconscious level we can turn people off even when we are on good behavior. Thumbs up is considered vulgar in Iran and Ghana, equivalent to raising the middle finger in the United States. Touching a person’s head, including children’s, should be avoided in Singapore or Thailand. In Yugoslavia, people shake their heads for yes—appearing to us to be saying no.

In general, avoid gesturing with the hand. Many people take offense at being beckoned this way, or pointed out, even if only conversationally. In parts of Asia, gestures and even slight movements can make people nervous. If you jab your finger in the air or on a table to make a point, you might find that your movements have been so distracting that you have not made your point at all. Unintentionally, Americans come across as aggressive and pushy. Yet, in other parts of the world, particularly in Latin America or Italy, gesturing is important for self-expression, and the person who does not move a lot while talking comes across as bland or uninteresting. As always, watch what local people do. Or ask.

Body language is more than gestures. You communicate by the way you stand, sit, tense facial muscles, tap fingers, and so on. Unfortunately, these subtler body messages are hard to read across cultures; mannerisms don’t translate. In many parts of the world, looking someone in the eye is disrespectful.

In Japan a person who looks a subordinate in the eye is felt to be judgmental and punitive, while someone who looks his superior in the eye is assumed to be hostile or slightly insane. The Arabs like eye contact—the eyes are windows to soul—but theirs seem to dart about much more than Americans. We don’t trust “shifty-eyed” people.

Subtle differences in eye contact between the British and North Americans can be confusing. English listening behavior includes immobilization of the eyes at a social focal distance, so that either eye gives the appearance of looking straight at the speaker. On the other hand, an American listener will stare at the speaker’s eye, first one, then the other, relieved by frequent glances over the speaker’s shoulder.

Eye contact during speaking differs too. Americans keep your attention by boring into you with eyes and words, while the British keep your attention by looking away while they talk. When their eyes return to yours, it signals they have finished speaking and it is your turn to talk. These almost imperceptible differences in eye contact interfere with rapport building and trust.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.