In the military, is it better to be a person of the letter of the law or the spirit of the law?

2015-07-24T08:06:34-04:00

When it comes to rules and regulations in life, I tend to think according to the letter of the law. I make decisions based on what the regulations say and tend to think in loopholes, regardless if I am looking to exploit those loopholes or not. I have a very legalistic mind. I've noticed in "Cadet Land" this puts people off and they believe me to be trying to get away with something. Also, if I am confronted or handed a punishment, I always go back to look up in the regulation what I did wrong to try and defend myself. If I believe that I truly violated that regulation I will own up to it but if I don't think I violated the regulation in question, I will bring it back and try to defend myself. A few people have told me that this means that I can't admit when I'm wrong. But I don't see it that way. My question really is, should I start changing the way I think about things? Is this way people respond to me right now because of "Cadet Land" or is how I think a problem that needs to be fixed?

Response by LTC Private RallyPoint Member made Jul 24 at 2015 8:08 AM

2015-07-24T08:08:21-04:00

Every situation requires leaders to make decisions that are in the best interest of the Army, some being letter of the law and some being intent of the law! It gets easier the longer you are in!

Response by LTC Kevin B. made Jul 24 at 2015 8:09 AM

2015-07-24T08:09:27-04:00

I know this will sound like a copout, but I'd say "both". Follow the letter of the law at a bare minimum. However, following the intent of the law will ensure that you never come close to crossing any line. You don't want to be that guy who is trying to find ways to run up to the edge of the cliff, just to see how far you can go. If you do, you just might find yourself at the mercy of a Commander who goes after you using the intent of the law. When in doubt, seek clarification in advance.

Response by SFC Michael Hasbun made Jul 24 at 2015 8:38 AM

2015-07-24T08:38:24-04:00

Spirit of the law will get more done, but if anything goes wrong, you're going to be beat to death with the letter of the law... Initiative and creativity are only lauded when they lead to success, and are "unprofessional" when the inevitable failure hits. We all know the old maxim, "it takes one "oops" to erase 30 "attaboys". " When the oops hits, any deviation from the letter can and will be used against you...

Response by Capt Richard I P. made Jul 24 at 2015 9:18 AM

2015-07-24T09:18:23-04:00

CPT Private RallyPoint Member Check out what some of the folks who've been around a while have to say: https://www.rallypoint.com/answers/are-you-a-letter-of-the-law-or-a-spirit-of-the-law-person

Are you a letter of the law or a spirit of the law person? | RallyPoint

You know the deal ... PFC Smith shows up late for formation. She says her car broke down shortly after she left home. She had to call her husband to pick her up and drive her to work, which caused her to be late late to formation. What do you do? Do you counsel Smith and possibly punish her because she was late? (Letter of the law says that she was late, and that MUST be addressed.) Or do you caution her and just let it go because this could...

Response by SPC Jan Allbright, M.Sc., R.S. made Jul 24 at 2015 9:22 AM

2015-07-24T09:22:46-04:00

This is a great example of one of the major misunderstandings about the law.
It is not whether the spirit (which can never be known) or the letter (which are many times extremely poorly written) is more "true".

What is "true" is the interpretation of the law, which is found in courts.
Not knowing the interpretation of the law is what will get you in jail.

Response by LTC John Shaw made Jul 24 at 2015 9:25 AM

2015-07-24T09:25:06-04:00

Short Answer: Pick your battles.
You don't need to prove everyone else is wrong, you need to learn to let go of most issues as human inconsistency and unmerited grace of others. Not rubbing the reg into peers faces is a good thing.
If you are being corrected by a superior, then gracefully accept the critic and drive on, not a win proving a 'superior' wrong.
I think the spirit of the law or intent is more important than the letter of the law and so does the Court when they interpret the law.
That said you can and will get in trouble if you knowingly violate the letter of the law.

Response by Sgt Aaron Kennedy, MS made Jul 24 at 2015 9:27 AM

2015-07-24T09:27:51-04:00

Always follow the Spirit. Always.

Attempt to follow the Letter wherever feasible.

Words cannot convey Spirit, but they come close, so adhering to the Letter is safe. Knowing the Spirit however allows you to be Bold.

Response by LCDR Private RallyPoint Member made Jul 24 at 2015 9:29 AM

2015-07-24T09:29:02-04:00

Yes.

Trying to find loopholes isn't going to make your career but knowing where they are is important. Not necessarily for you to get out of things but to know when you can and cannot hold someone accountable. That said understanding the spirit of the law is a necessity to actually performing the way intended.

There will always be back and forth and "sea-lawyering" but as long as you don't forget that you are vested with trust and confidence, and have the lives of the men and women under your charge affected by your decisions, you should be fine.

Response by Lt Col Timothy Parker, DBA made Jul 24 at 2015 9:45 AM

2015-07-24T09:45:11-04:00

It depends. As commander I had a military member essentially go AWOL. As the story unfolded he and his wife had differences on the treatment of their children - so he took them away to protect the kids. The spouse came to see me to order her husband to do what she wanted. The squadron's First Sgt. and I had several discussions on this so I was aware of the situation in general - she had more issues than he did. The military member did call me and explained the situation.
Should I have charged him with being AWOL (the letter of the law), or ignore that to try to help the family? In the end, I decided not to charge the military member since he was looking out after his kids. They later divorced and he took custody of the kids. I wonder what would have happened to him and the family if I put this guy in jail for being AWOL. I think judgement is the best guide, and that comes with experience and maturity. Lacking those, you seek others who have experience and maturity and ask them (noting that its not their decision to make, but ultimately yours). By the way, don't tell anyone I did this - it's a secret.....

Response by SGT Private RallyPoint Member made Jul 24 at 2015 10:19 AM

2015-07-24T10:19:11-04:00

I think everyone including yourself made great points. Knowing the regulations and loopholes are a great asset of knowledge depending on the situation. As someone mentioned, pick your battles. It may be diverse in "cadet land" or "officer land" but most don't take the time to look up a regulation to defend themselves. My enlisted peers do this quite often then complain about unfair punishment. If you know you're not in the wrong based off what a regulation states then my all means utilize that to your defense. However, don't LIVE off the words in the regulation...frankly it's annoying to some and won't always "save" you.

Response by SGT Kristin Wiley made Jul 24 at 2015 10:19 AM

2015-07-24T10:19:34-04:00

The spirit of the law. The letter of the law can't account for every possible situation, so following the intent of the law has always allowed me the flexibility to morally do the right thing. There's the possibility of more consequences with this choice, but I would rather live with the consequences society forces on us then deal with a guilty self-conscious.

Response by LTC Private RallyPoint Member made Jul 24 at 2015 10:27 AM

2015-07-24T10:27:10-04:00

"Cadet Land" plays a big part in how you are perceived currently. When you get to the real army, most people will now the regs governing how the do their jobs, and day to day activity within the Army. That being said, the regs don't cover every single eventuality. You need to look at each situation with a balance of the circumstances, the individual, the regulation, the intent, and the result. Remember, regulations often change. That happens because someone found a better way, which probably violated the original. As a leader, be flexible....to a point.

Response by COL Jean (John) F. B. made Jul 24 at 2015 10:35 AM

2015-07-24T10:35:11-04:00

CPT Private RallyPoint Member - While you should certainly strive to follow regulations to the extent possible, there are always exceptions. Every situation and decision should be based on what is just and right.

Regulations are typically written in a manner top allow for interpretation and usually contain exceptions. I routinely challenged people who quoted regulations, but who had failed to recognize the exceptions that were listed later in the quoted reg.

My method of operation, if I could not decide which way to go, was to always err on the side of the soldier. In that way, if I made a mistake, it was to the benefit, not detriment, of the soldier. While I cannot honestly state that I always followed the regulations to the letter, I can say that, when I "violate" the regs, I do so for a good reason and was prepared to answer for it, if required. I was fortunate that my commanders/supervisors understood the circumstances and supported my decisions.

One thing you will learn -- there are many things that you will face that are not black and white, but shades of grey. My advice, make a decision and got with it and, as I have stated, if you are unsure what to do, err on the side of the soldier.

Response by SMSgt Private RallyPoint Member made Jul 24 at 2015 10:39 AM

2015-07-24T10:39:30-04:00

I heard something yesterday that really made sense to me. I have always had trouble picking my battles and I always felt the other person was stupid and didn't understand. Over the years I have realized that was very immature thinking. I am not calling you immature, but letting you know my struggles in this realm. So the question posed yesterday by an SEL during an enlisted call was, "do you want to be right, or do you want to accomplish the mission?" I took that as you can be right, but is it worth the fight? Is it worth alienating yourself from the team? Of course there are times this is a yes. Especially when it is illegal, immoral, or unethical and if it could mean loss of life or limb. Beyond that salute smartly and press. Get through your training and get to a position you can change the things you feel are not right about it.

Response by SSG Robert Webster made Jul 24 at 2015 11:16 AM

2015-07-24T11:16:27-04:00

Be prepared to accept the consequences. There is some great advice in the comments presented so far. I can tell you from personal experience that if you are not prepared to accept the consequences, you are going to be greatly disappointed and unhappy. Always seek advice if you are unsure, work with your NCOs and fellow Officers.

Response by CPT Chris Loomis made Jul 24 at 2015 11:22 AM

2015-07-24T11:22:12-04:00

I agree with LTC Kevin B. You have to be a bit of both.

I also believe that you have to be a "transitional follower." Like the doctrine of transitional leadership that utilizes a cross section of other doctrines at different times in order to lead various types of people in various situations... Being a "transitional follower," like the LTC said, staying within the intent of the law, will allow some 360* movement within the constraints that you can utilize as your needs and demands call for. I believe you must have good prudence and fortitude with this mode of operation. And you must be prepared to articulate and defend your decisions and actions.

Response by Lt Col Private RallyPoint Member made Jul 24 at 2015 4:10 PM

2015-07-24T16:10:26-04:00

Guess what......that is what a leader has to do. Make a judgment call. Once you get out of the academic environment, it is part of what Uncle Sam is paying you for. There is no right answer to this question. I'd never advise you to violate any regulation, but you may get to make that decision some day. We live with this in aviation everyday. For example, if you are vectored towards a mountain by Air Trafic Control, then you'd better take corrective action and speak up ASAP before you hit something too hard to bounce off of. If you do deviate, you'd better have a really good reason to explain yourself in any situation. That is the cost of wearing the brass on your shoulder. It ain't easy....and it probably shouldn't be.

Response by MAJ Ken Landgren made Jul 26 at 2015 8:21 PM

2015-07-26T20:21:48-04:00

Many times regulations are in black and white, and a gray situation arises. I would look at what is good for the soldier and what is good for the Army.

Response by 1LT Private RallyPoint Member made Jul 26 at 2015 11:26 PM

2015-07-26T23:26:40-04:00

There is a time and a place for each. Others have provided excellent real life examples. This situation seems to be about how your peers perceive you. I use difficult feedback as an opportunity for growth. I have a legal mind and sometimes find it challenging to avoid legalese. Using legalese or directly citing regulations can come off as condescending--that's why I avoid it when possible. However, I have found speaking plain English opens lines of communication and builds rapport.

Response by 1LT Private RallyPoint Member made Jul 27 at 2015 10:20 PM

2015-07-27T22:20:35-04:00

Cadet Meaux: As a young Lieutenant, you will find that your peers who stick strictly by the book can at times, hinder mission accomplishment.

For example, is it more important to get your dispatch signed by the commander or is it more important to SP with your vehicles in order to meet a mission time hack? What if you know the Gate guard is inspecting the dispatch when you leave the gate? What if your commander said this is a "no fail" mission and you will not be able to meet the time hack if you try to get your dispatches signed?

There are no right answers to these questions, and inherently what separates you from an enlisted Soldier is your willingness to accept the responsibility, and consequences, of these decisions. Never lock yourself into a mental shortcut for decisions. Develop agile thinking in which you make the right choices, don't let the books determine your outcomes - makes you predictable.

Response by SSgt Alex Robinson made Jul 27 at 2015 10:34 PM

2015-07-27T22:34:41-04:00

Both. You must use discretion and common sense.

Response by CPT Warren Bishop made Jul 29 at 2015 11:44 AM

2015-07-29T11:44:36-04:00

My advice - your personal conduct should always be according to the letter of the law; no question.

When privileged to serve in any capacity as a leader of others, you should lead the same way but with the added responsibility of interpreting regulations as a guideline for commanders; who as LTC Parker eloquently demonstrates below can mean to include a view of the totality of the situation.

A good rule of thumb - would you be proud to see a headline in tomorrow's news detailing either your personal actions, or a decision you made regarding someone else's actions.