QUERY: “How can the law have any place in a society that is not rule-based?”

Rules or relationships.

Where is the emphasis placed in your culture? Which is valued more?

Identifying where your values lie will tell you whether you’ve grown up in a relationship-based culture or a rule-based culture.

Once you discover what grounds you, you may wonder how these values impact the mechanics of your culture and your own decision-making and moral perspective.

Let’s take a look.

A Query in Context

I recently received an email query about rule-based versus relationship-based cultures.

The anonymous author wrote:

“I’m a lawyer in the USA, and I tend to be more black/white and rule-based. I’ve encountered attorneys and judges that don’t seem to care about the rules (aka the law) and it can be frustrating…

When I think about it, how can the law have any place in a society that is not rule-based? Your example of lying to protect your friend from criminal prosecution for killing someone in a school zone by speeding in a relationship-based society flaunts the law. It supports the whims of men, which may change from time to time much faster than the law. It destroys expectations…

How can I plan for the future when some bureaucrat may decide the law doesn’t apply to my adversary, contract counterparty, tortfeasor, etc? It supports dishonesty and bribery, as is common, at least more overtly, in the rest of the world.

What about judicial and lawyer ethics codes? How can those matter if you live in a non-rule-based society? It’s OK that I lied to the court to protect my client/brother? Really? That can’t be ‘right.’ Moral relativism must have a stopping point…”

Let’s see if we can clear a few of these questions up.

Rule of Law in Culture

The post anonymous is referring to is Rule of Law in Culture: Are Laws More Important Than Relationships?

It describes a study in which U.S. and Venezuelan managers were surveyed about the hypothetical scenario described.

U.S. participants more heavily leaned toward testifying against their friend who broke the law, while two thirds of Venezuelan managers said they would lie in their testimony to cover for the friend.

The scenario illustrates where each cultures values lie.

But just because a culture prioritizes relationships over rules does not mean the rules don’t exist or apply.

All societies have rules. Sometimes those rules are relationship-based, as described in my post, Relationship- vs. Rule-Based Cultures: Socially-Based Control vs. Individual Autonomy.

The post illustrates how the Shona society is ruled by a hierarchy based on familial relationships. It’s a fundamental part of their culture.

Unlike some cultures, where laws strive to be objective, the laws of the Shona society are shaped by relationships. Still, the rules exist.

This is just one example, but perhaps the misunderstanding is in what these two terms mean.

What “Rule-based” and “Relationship-based” Truly Means

Do the terms “rule-based” and “relationship-based” imply there are no rules (and no application of these rules) in the latter and no relationships in the former?

No.

It’s a matter of priority – i.e. do you break rules because of relations, or do you stick to rules, despite harming your relationships?

In rule-based cultures, an individual’s priority is, more often than not, on the law, while in relationship-based cultures, relationships take priority.

This does not mean there is no place for rule of law in relationship-based cultures. In regard to the study example, it wasn’t that the law or the legal system, the lawyer or the judge, was prioritizing relationships; it was the witness – an individual in the relationship-based society – prioritizing them.

The example about lying to protect your friend from criminal prosecution was not to indicate whether doing so is “right” or “wrong.” As we’ve also discussed in this blog, one culture’s “right” is always another one’s “wrong,” and such ideologies are shaped by primary socialization.

Anonymous questions this, writing, “Moral relativism must have a stopping point.” 

In other posts, we’ve described this stopping point. We’ve outlined what active tolerance is, how to accept conflicting cultural values, and when to personally arrive at this “stopping point” when working cross-culturally.

You might choose to draw the line of moral relativism at harm, as described in our post: “tolerance ends where harm begins.”

In this instance, your stopping point might be that your friend should be in prison. Or it might be that your friend’s life and your shared relationship is more important.

Whether or not valuing relationships over rules “flaunts the law” or is unethical is both for the society to decide and for you – on a personal level – to decide.

Prioritizing Relationships Over Rules

In a cross-cultural sense, understanding the rationale behind another culture’s priorities is the best you can do to make that decision for yourself and know where you draw the line.

To see the logic, you must empathize and understand the mechanics of the culture, which are based on the values it upholds.

Once you achieve that understanding, it’s easy to see why those who value relationships might wish to support the relationship over the law. 

Cultural Differences in Business Communication,” by John Hooker, describes exactly why one’s priority might lie with the relationship:

“In relationship-based cultures, the unit of human existence is larger than the individual, perhaps encompassing the extended family or the village. Ostracism from the group is almost a form of death, because one does not exist apart from one’s relatedness to others.”

If you’re part of a clock, do you remove the minute hand?

No.

Just as every part in a clock has a relationship to the other parts, so do the people in a relationship-based society.

When destroying that relationship means death, you’d agree that even the law is less important.

As with Victor Hugo’s Les Miserable, the concept of flaunting the law – stealing bread rather than letting your family starve to death – brings that idea to the fore.

What would you do? Is what you’d do “right” or “wrong”? And how does your choice reflect your values?

Prioritizing Rules Over Relationships

And, in the other vein, you can understand why those cultures who value rules might stand by the law instead of the relationship.

Rule-based cultures are usually individualist and don’t have the same level of relationship connectedness as collectivist, relationship-based cultures.

Because of this, the mechanics of the society don’t work the same.

You might remove and replace the minute hand of the clock, because it kept getting stuck.

Just as you might testify as a witness against your speeding friend, as you believe him to be a danger to society.

More importantly, your rule-based society won’t ostracize you for telling the truth, because most view justice in the same way as you do; in fact, you’ll likely even be praised for putting the rule of law over your relationship, as this is a difficult decision to face.

In both societies, rules exist. But the individual chooses where to place their loyalty, which is all based on cultural conditioning and the reciprocal relationships between individuals in a culture.

Whether or not anonymous (or anyone in a rule-based society) believes putting relationships over rules is unjustified or unethical, this doesn’t necessarily mean doing so is “wrong” or there isn’t logic and reason in such societies.

What is the Point of Law?

Anonymous ends with the question,

“So what is the point of law and lawyers in non-rule-based societies? How does it work? Is it more about manipulation, sales, and gamesmanship than seeking objective truth?”

There are benefits and costs to both types of governance.

John Shuhe Li’s article, entitled “The Benefits and Costs of Relation-based Governance: An Explanation of the East Asian Miracle and Crisis,” provides some examples of these costs/benefits.

Li first emphasizes that agreements can only be enforced through rules or relationships. If neither exist, governance resorts to violence.

Li then outlines the benefits of relationship-based governance compared to rule-based governance, writing:

“When relation-based governance works, given two transaction partners, it can enforce all mutually observable agreements (by the two parties). When one party deviates from a mutually observable agreement, the other party can punish the deviator by playing (for example) tit-for-tat strategies. In contrast, given two transaction partners, rule-based governance can only enforce a subset of the mutually observable agreements that can also be observed by third parties. Thus, perhaps a large part of monitored-activities, which are mutually observable by the monitor and the monitee but are not verifiable by a third party can be enforced by relation-based governance, but not by rule-based governance.”

He also describes how a small relationship-based market can lower transaction costs over the larger fixed cost in a rule-based market. There are some limitations in this, however, including the small number of partners one can force relations agreements with. 

Rule-based governance has its benefits, as well.

Li writes,

“In contrast, there exist economies of scale in rule-based governance; thus a firm can resort to rule-based governance to enforce contracts (impersonal agreements) with an unlimited number of partners, including strangers.”

The activity coordination of the transaction parties can result in the sharing of more technical information (information not directly related to enforcement) in relation-based governance, which is another advantage. Moreover, without all the bureaucracy, renegotiations in relation-based governance can be less costly.

Lastly, when it comes to business, the fact remains that some economies are catching-up economies and can’t rely on rule-based governance.

Li writes,

“In catching-up economies…relation-based governance is the only available mechanism to enforce agreements. Thus, investing in relations can be profitable and rational, especially in developing countries.”

While this refers to business rather than criminal law, you can see that there is a point of law and lawyers in relationship-based societies; the rules simply lean more heavily into relying on relationships to enforce the rules of an agreement and keeping relationships on good terms.

And across cultures, those terms vary.

Acceptance: The First Step in Cross-Cultural Management

The first step in bridging any conflict is acceptance.

Acceptance does not necessarily mean approval; it just means you are not whipping out your red pen and labeling something “bad” or “wrong” before engaging with it in a thoughtful manner.

Acceptance means tolerance.

When you’re no longer actively butting your head against something unmovable, you are demonstrating your willingness to engage with that with which you are unfamiliar or may not inherently agree.

And to work in a cross-cultural environment, you will have to engage in various ways. Change is inevitable.

So, how do you relinquish judgment and accept another culture’s values and norms?

Good vs. Bad; Right vs. Wrong

Cultural values define what’s good and bad, what’s right and wrong, making each of us innate judges of other people’s behavior and character.

This judgment becomes even starker in another culture when the people aren’t playing by the same rules. Their “good” and “bad,” “right” and “wrong” are not the same as that of the foreigner who is passing judgment.

In a sense, when managing in a foreign culture, you are entering a world of moral ambiguity.

How do you navigate it?

Morality in Question

You aren’t likely to encourage debates of morality in a professional setting while working abroad. But that doesn’t mean your conscience won’t awaken when faced with another culture’s values.

We’ve discussed some of the differences across cultures in our self-assessment over the past couple weeks.

These profound conflicts of conscience might affect you outside of the workplace or inside it.

For instance, you might face the following questions:

  • Does the culture in which you are working consider gifts bribes?
  • Are your competitors circumventing the tax laws in this country? And does that mean you should follow suit, so as not to be at a competitive disadvantage?
  • Are women treated as inferior to men in the company?
  • What is the dress code like? Are public-facing jobs expected to dress professionally…and what does that even mean in this culture?
  • What if your company is manufacturing a product that directly conflicts with your cultural values (drugs used for executions, for instance)?

Here’s the thing: as a foreign manager in another culture, you aren’t going to click your fingers and change the societal values and norms by acting against the grain.

Nor should you completely abandon your convictions, because your values and norms are a substantial part of you.

All you can do is cope, which comes in the form of accepting, adapting to, and adopting the culture wherever you can.

We’ll expand on the four principles of cultural acceptance next week.

The Three A’s: Developing Personality Traits to Manage Successfully Across Cultures

Last week, we discussed that managers who lead successfully across cultures often demonstrate the following qualities: empathy, flexibility, emotional stability, open-mindedness, and social initiative.

Does this describe your personality?

If your answer is ‘yes’, then great! You’ll probably make an exceptional leader, no matter what cultural environment you find yourself managing in.

But if you find you’re lacking in some (or all) of these personality traits, that doesn’t mean you can’t improve upon them and succeed as a leader across cultures.

To do so, consider the Three A’s.

The Three A’s

In this blog, we often discuss accepting, adapting, and adopting culture – the three A’s.

Whether or not you naturally possess personality traits that assist cross-cultural integration, abiding by these three A’s will improve your efforts. In doing so, you will avoid Monkey Moments. You’ll also more successfully manage in a foreign culture and generally improve your cross-cultural skills.

Accepting, adapting, and adopting enable you to methodically face cultural conflicts head-on, rather than just winging it and hoping for the best.

Ask Yourself…

The following statements are binary: you may lean more strongly to one side or the other. The stronger you lean toward either side, the harder it will be for you to integrate into a foreign culture.

If you find both extremes to be acceptable, then you are demonstrating cultural competence.

Finding another’s values/norms acceptable doesn’t mean you must find them “right”; it just means you are willing to override your own cultural ethnocentricity, boundaries, education, and convictions, in order to properly accept, adapt, and maybe even adopt another’s.

As with last week’s self-assessment, note to what degree you agree with the following statements:

  • Everyone is responsible for their own actions.” / “Fate determines the outcome of events.”
  • “Asking direct questions is the best method to attain information.” / “It is rude/intrusive to ask direct questions.”
  • “Being vague in your responses is dishonest.” / “Avoiding answering directly/honestly prevents hurt and embarrassment.”
  • “Punctuality and efficiency are virtues demonstrated by intelligent people.” / “Spending time with the people you love is more important than punctuality.”
  • “Being on a first-name basis shows friendliness and familiarity.” / “Addressing people by their first name is disrespectful.”
  • “It is important to maintain eye contact with people who are speaking.” / “Direct eye contact with those of higher status is impolite.”

After reading through these binary statements, do you find either side completely unacceptable? Or is the opposite extreme something you’d not only be willing to accept but to adapt to?

If you’re leaning toward the latter, tune in next week as we discuss more in depth how to accept and adapt to another culture.

The Hospitality Index: A Hypothetical Example of Ethnocentricity

Not long after the fall of the Berlin Wall in ’91, I traveled as a journalist to a region near the former Yugoslavian border of Albania. In many of the remote, mountainous villages to which I traveled, I was the first foreigner seen by locals since the Germans of WWII.

As I explored the region, one of the impressions I had about the people was that they were unconditionally hospitable. They treated this stranger, this foreigner, as an esteemed guest, preparing generous meals for me, despite not having a lot themselves.

One village had only three sheep, and they killed one of them to serve me, though I attempted to discourage such a sacrifice on my account.

Hospitality exceeding no bounds was their cultural norm.

Not only did this manifest in the meals they served, but also in the accommodation. In each house, there was a guest room, fitted with a bed to welcome visitors at any time.

While this region isn’t alone in this cultural norm, as I’ve been so graciously treated with such hospitality in other parts of the world as well, one conclusion that I’ve come to in my travels is this:

Hospitality is best wherever there is no telephone.

Lack of Connection Improves Quality of Connection

People often arrive unannounced to places with no telephone. This may be one reason cultural norms require those who live in remote places to be prepared to accommodate at any time.

The pop-in is inevitable (Seinfeld would hate to be a member of these cultures). Hosts must provide guests a place to stay and a bite to eat last-minute because they have nowhere else to go. And these hosts are more than happy to.

In such open-door cultures, active hospitality – and lavish hospitality, at that – is adopted and valued.

Ethnocentricity’s Bias in the Reverse

Last week, we talked about ethnocentricity: the innate bias we have about our culture being “right” and another being “wrong” and evaluating cultures according to our own values.

My personal example is one case in which ethnocentricity’s bias might work in the reverse.

Sometimes, we see other’s values and norms as more “right” than our own. This may be one of those cases.

Most Westerners would never think to invite themselves over to a neighbor’s home, nor would they expect to accommodate a stranger. Even showing up on an acquaintance’s doorstep without a moment’s notice would be questionable.

Some Westerners might even choose to stay at a hotel rather than with family or friends when they’re visiting. Not only because they don’t want to impose on another’s space, but likely because they’d prefer their own space and privacy.

But most Westerners would surely see the value in such open-door hospitality. It’s universally a beautiful thing.

In Albania – and in other world regions that are less connected – there is no imposition and space is not valued as it is in the West. It would be a dishonor to the people if you rejected their hospitality.

Ethnocentricity in Albania

As I’ve highlighted, hospitality is a deeply entrenched value in these regions.

With that bit of background in mind, imagine Albanian researchers studying cross-cultural differences.

The researchers, no doubt, would consider the hospitality-index as an important cultural categorization.

Generosity and accommodation are the glue that holds society together in their minds, allowing communal ties and free travel.

Should they research other country’s hospitality norms and values, they would find other’s hospitality doesn’t meet the same standard as theirs.

They might see that in some countries unconditional hospitality is restricted to those one knows well. Strangers can find somewhere else to eat and sleep.

In other countries, only family members are provided with hospitality.

And in some, forget it. You have to find your own accommodation.

During their research, the Albanians might then conclude that their own country is on the higher end of the spectrum when it comes to the hospitality index. And they would view this as a positive thing, as their values are validated.

This is just one example of how ethnocentrism might influence research. It comes naturally to most. Even professional researchers and experts in the field, no matter how objective they attempt to be, will inevitably reveal their own values when evaluating other cultures.

Norms & Mores: Right vs. Wrong

Are you able to talk back to your grandpa?

Is your culture gay-friendly?

What is your society’s stance on pre-marital cohabitation?

Can women in your culture go topless at the beach?

The answers to these questions relate to your cultural mores. Mores are the strongest social norms, because they’re based on the moral judgments of the society in which you live.

Mores inform society how to behave, and this is all based in the moral values of the culture. Do not kill, do not commit adultery, respect your elders. In many cultures, mores are tied closely with values, just like folkways…but they are different than folkways.

Mores vs. Folkways

How do mores differ?

As shared by Puja Mondal in yourarticlelibrary, according to Giddings and Halt (1906), “a practical distinction between folkways and mores is that violation of a folkway is generally met with laughter.”

However, the social ostracism that someone who crosses a mos (mores, singular) might meet can be much more severe.

For instance, whereas someone who always cuts the queue in the UK would simply be an irritation to those around him, someone who goes nude at a non-nudey beach in the UK would be violating a mos.

Cohabitation

Depending on your culture’s dominant religions – and the degree to which these religions dictate societal norms, values, and behaviors – some mores may be determined by religious doctrine.

One example is cohabitation. A number of religions prohibit moving in with a partner before marriage. If you come from a culture with strict mores on the subject, others may look badly on you, tell you off, or even ostracize you for moving in with your partner.

The behavior is considered immoral and, therefore, a stain on the soul, and the reactions by the transgressor’s friends and family are meant to shame the behavior and make the individual alter it accordingly.

In a number of Western cultures, it is, for the most part, acceptable to cohabitate with a partner before marriage, unless one is brought in a strict religious family. In many Arab nations, it’s unacceptable and, therefore, uncommon.

This is what decides a culture’s mores.

Public Nudity

Another example is public nudity. American culture finds public nudity sexually-provocative and offensive, so most would be shocked if someone showed up at a beach in his birthday suit.

In a number of European countries, however, public nudity is much more lenient. Men might swim in the nude, women might go topless. And in Asia, women and men are often publically nude at their separate spas or saunas.

Even in traditional Africa, where sexual mores are strict, a woman might go topless. This is because breasts are not considered sexual or indecent. Their primary use is functional – for feeding babies – and so is looked at as such.

Right vs. Wrong

Unlike folkways, which distinguish between what is “right” and what is “rude,” mores distinguish between what is “right” and what is “wrong.”

And mores impact our society to a much higher degree than do folkways. As thoughtco puts it: “Mores exact a greater coercive force in shaping our values, beliefs, behavior, and interactions.”

Think about your own cultural mores and how they shape your behaviors.