Hiring People, Natural Law, Legal Positivism
Bill Waterson, creator of Calvin and Hobbes, named Calvin after the 16th Century Theologian, and Hobbes after the 17th Century Philosopher. I love cartoons and it got me thinking as to hiring people, Natural Law, and Legal Positivism. Sounds dull? Read on!
Calvin and Hobbes - in homage to Bill Waterson
As Calvin says in the strip above “there are more important things than what people do all day.” So maybe I need to get a little legal and philosophical as to my business in Head Hunting as I think it can offer an alternate approach. Maybe there is more to it all…
found us
The core element of found us is Head Hunting in advertising, media, and marketing at senior level. I also provide consultancy services in marketing and sales.
The business is 7+ years old and is something I enjoy working in, as it means building people, and teams. Something I have always enjoyed.
But I have a philosophical approach that may be of interest.
The found us Premise
I am going to suggest we should build a Natural Law approach to the hiring of people versus a Positivistic (Legal) approach that ignores the individual and sits solely around contract, commercial, and legal jargon.
It is morally correct.
It produces results.
it enriches people and society.
I derive an inner pleasure.
Natural Law
What is Natural Law? I’ll use a very simple but succinct definition from good old Wikipedia.
“Natural Law (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independent of positive law (the enacted laws of a state or society).” Wikipedia
Natural Law is law that is not made by People via Society. It is law that exists between People that is natural, or exists inherent within society and people.
I believe personally in Natural Law, as a “kinda” glue that binds us together in human relations. Call it morality, call it doing what is right. I feel this does govern my relations when working in a business context, and operates without a constraining commercial or legal framework, when hiring people. This is core to found us.
Positivism (Legal)
Let’s use Wikipedia again.
“The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that:
laws are commands of human beings;
there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be;
analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions;
a legal system is a closed, logical system in which correct decisions can be deduced from predetermined legal rules without reference to social considerations (legal formalism);
moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof ("noncognitivism" in ethics).” Wikipedia
To reduce it to the bare minimum, because it goes on a bit, Positivism does not recognise Natural Law or morality as having any bearing in law and thus commercial life - read below. It is a “way of life” that sits predominately at the forefront of how society works at the moment; a formulaic approach to people. One I disagree with.
Why Law?
“The law is legislation created and enforced through social or governmental institutions to regulate behavior,[2] with its precise definition a matter of longstanding debate.[3][4][5]” Wikipedia
Law governs all things in society including commercial relations. How business works between people and organisations is underpinned by Law.
So ultimately law governs Head Hunting and those people involved in its process. How we conduct ourselves is underpinned by commercial conventions (call it protocols or habit) that are ultimately driven by legal considerations. Economics or business social relations are convention facilitated by Law.
A Moral and Legal Contract
When I enter into work with Head Hunting I believe two contacts are formed between the parties involved. I think this is a healthy way to look at things.
The legal contract.
The moral contract.
Now we all know a legal relationship is created between parties. Head Hunter and client, and candidate; with legal relations flowing in the other direction from client and candidate. A commercial contract is formed in all cases. How we work together is dictated by Law underpinning our contract and the contract itself, whether written or verbal.
So we have a legal contract and commercial considerations that usually boil down to making money. But this can blindside us when we work in what is in essence a service business or people business.
To me it is very formulaic and people can be forgotten about in the process of hiring. Think back to when you were involved in a hiring process and the job description and the CV seemed preeminent? I know this is facile but I make a point.
I myself feel another invisible non-commercial/law contract is made and this is a moral contact as governed by Natural Law. That both parties should commit to the following:
To mutually respect each other.
That all are equal.
To act morally.
To not renege on what has been promised.
And so forth…
Point is an inalienable set of rights, interests, laws governs what should occur to ensure all are treated fairly and honestly. Unwritten but known to people and society and standing above man made commercial whims and law.
In practicality I try to implement this unwritten “rule of the road” and thankfully it has governed me and I hope that remains the case.
The pain point is that not all people work to the code that is Natural Law and I wish they would. It seems that a number of people follow the Positivism (Legal) route of acting without moral considerations, and proverbially following the “letter of the Law”. Where doing business is executed at the cost of morality.
Back to Calvin and Hobbes
Remember the opening cartoon strip? Why not do things differently to others and look under the rocks of life? Be like Calvin and Hobbes and remember the small things in life and not just the grand plans or what ever else that all others get up to. Make yourself realise that what you do to, or for others in pursuit of money, commerciality, legalise overrides being a part of the Universe.
In being part of Natural Law one is communicating with and being part of that thing that binds us together, namely a shared consciousness, Universe and universality, and belief in what is morally right.
Big words, and in a practical way it is about sitting back and asking myself?
Is what I am doing right?
Am I treating this person with a respect, as an equal?
Can I genuinely say my hiring of people is driven by what is best for the candidate and the client’s staff versus matching a job description to a brief, taking the money and running.
It is about empathy and understanding those you are dealing with.
It is about being honest with people as to a role, themselves, their business. Even at the risk of lost revenue.
I seek to examine the people I work with, their humanity, who they are, their wants, needs, dreams and fears. I place this before a Positivistic approach to life, merely governed by rules or laws of business and Law. Natural Law offers me a way to act outside of society and its Laws, to reduce action down to the level of people and mutual respect.
It achieves great results as people work closely with each other within my Head Hunting process. They act to benefit each respective party operating mutually to be part of a bigger picture, breaking the traditional methodology of putting business before the person. It I respect a person based on morality I tap into their consciousness and will make a connection, that achieves a better hit rate in terms of candidate selected, positions filled, and client needs met.
But at the end of the day, I suggest you form your own opinions.