Governance: Part I: Laws

The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.

By Troy Chavez
December 6, 2024

Governance is a weighty term. It balances almost every aspect of government actions and conjoins it with private and nonprofit sectors. Francis Fukuyama, in an article, “What is Governance” (2013) sees governance as an explanation for bureaucratic capacities and organizational management. The term is both complicated and simple. Complicated because the act of governing involves myriad actors and players with (occasionally) juxtaposing views and organizational structures. Simple because it is literally the government in action.

Practically, what does governance look like? If we take a moment to breathe from our fast daily lives and smell the sounds of a city, governance is right in front of us. The water pumping through pipes; the electricity flowing through homes and businesses; and the roads being repaired and constructed. Not to mention school systems, commerce organizations, nonprofits and the individual actions we do every day.

Governance is systematic. Both organized and static. It is freaky to realize that everyday functions have a history, and a reactionary mechanism attached to them. We are free to act on stage crafted via laws, culture, architecture, land, currency and agency.  Our ability to succeed as a society is predicated by our belief that the system will uphold our values and respect our freedoms.

We have many qualms about our American governmental system, but so did the wealthy aristocrats who ruled Rome. Or the governing bodies of Greek city states. Any system, good or bad, is still governance. The goal is to enact “good” governance. Obvious right? But societies don’t always make it obvious. They obscure and meld like water over stone. Hitting the surface, then, regardless of ferocity or calmness of tide, washes away. Therefore, governments work with limited data and facts. They build ships while drowning.

This really hasn’t changed. The vectors of laws, culture, architecture, land, currency and agency are omnipresent.

Laws, whether spoken or written, are what bound tribes to modern societies together. A student of public administration first learns about laws and their power and historical precedents. The Code of Hammurabi established by Babylonian King, Hammurabi, is a prominent case study on written laws. Prior, most laws were verbal but Hammurabi writ those laws and hung them up to cover their vast empire and establish universal lawful understanding.

Among the codex of 282 tenets, law 229 is an example most studied: “If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death.” Much like today’s public accountability laws, this one reflects a direct responsibility to be adjudicated if infrastructural issues arise. The builder will be responsible because they constructed it. Simple. You build, make it safe to live in, get paid for construction and society moves onward.

Laws are our underwritten code. The formula for everyday—lawful—life. “Let the oppressed, who has a case at law, come and stand before this my image as king of righteousness! Let him read the inscription, and understand my precious words: the inscription will explain his case to him” (Code of Hammurabi Epilogue). Thoughtful leaders understand the importance of a citizenry that feels heard. I am not differentiating political systems like capitalism, communism or authoritarianism and democracy. Again, no matter the system, governance proliferates—good or bad.

Good governance does not depend on laws themselves, rather good laws created for threats directly involved in the decimation of a peaceful society. Repressive laws wouldn’t qualify as “good” governance. Laws must encompass society in aggregate and apply to all, not few. One would think laws established means dangers and criminals are now nonexistent. They are established as a combatant, not panacea. The balancing act of justice must be weighed on everyone’s shoulders. The worst perpetrators of the law could be the lawmakers themselves….

So, what about when a leader is abusing the law for their own gain? The Magna Carta (1215) in England established that the rule of law was meant for everyone, even the king. While its initial implementation was limited in scope, it reinforced the idea everyone should be held accountable. It influenced English society forever and expanded over time. However, the Magna Carta was not easily implemented. King John refused to honor it and would only be enacted after civil war (known as the First Baron’s War) and King John’s death, under his predecessor Henry III. Pope Innocent III also intervened after King John appealed to him. He said he was coerced by rebels. Pope Innocent agreed and said they interfered in the King’s divine right to rule. While laws are written, they stem from societal arrangements and situations (i.e., culture). In the story above, we find nuggets of religion, economy, power, influence and of course, law.

Culture is on its own a component to governance, but it can be seen as the common thread piecing it all together. One’s cultural experiences deeply influence how one operates. This is why we can view one culture, say, Denmark and see stellar healthcare and prison systems. Then say, well, why not here in the states? Their cultural hegemony could be a reason. 

---

 Author: Troy Chavez, M.P.A. is a PhD candidate at Liberty University with a masters in public administration and works in government doing community relations. He can be reached at [email protected].

(No Ratings Yet)
Loading...