Mexican Professor: How Legal "Fines" in U.S. and Mexico Reflect Different Attitudes Toward Rule of Law

Recently, I have published a series of posts about rule of law in Mexico. Today I came upon this article [my translation] in La Jornada, a leading Mexican newspaper. The article is titled "Fines as a Teaching Tool".

Jorge Durand, professor of anthropology at the University of Guadalajara, draws on his experiences as a Visiting Professor at UCLA to explore in a light-hearted and humorous way, differences between U.S. and Mexican cultural attitudes toward the rule of law. Dr. Durand's informed Mexican point of view is insightful. 

La Jornada - Mexico City - July 29, 2012: A number of years ago, I had an opportunity to cross the international bridge between Ciudad Juárez and El Paso, Texas. Finally, there I was on the famous Paso del Norte, that I had read about in so many chronicles of the border. And while I was reveling in memories of fictional and news stories about the border, the driver of the van brought me back to reality.

When we reached the middle of the bridge, the driver from the College of the Northern Frontier buckled on his seat belt. He knew exactly what he had to do. Wearing his seat belt in the United States was mandatory and if he didn't do it, he would be fined. It wasn't that maybe the fine would be applied, he knew for certain that he would be fined.

As we returned from El Paso, after having enjoyed a brunch, the driver drove us back to Ciudad Juárez. He drove back across the bridge, then once he was on the Mexican side, he unbuckled his seat belt. This is what some scholars might call a "transnational" behavior or practice by someone who knows very well how to handle situations in two different cultures, each with its own distinct norms, values, perceptions and customs.

The solution to the question of why Mexican migrants do not throw garbage on the street in the United States; why they cross at the corners [instead of jaywalking]; and why they respect stop signs and traffic lights [when in Mexico they are nothing more than 'strong suggestions'] is very simple: there are tickets, and those fines are paid.

In Mexico, who knows. One arranges matters with the police, or eventually the possibility remains open, in both directions. Nor are the accounts very clear. They might turn off the electricity if you don't pay, but you can hang a diablito [illegal tap] from the electrical grid....

The difference goes beyond language. It is a practical matter, and the Americans are experts in the practical. In Spanish we say "we will apply the law strictly" or with the "full weight of law", sometimes adding "and he may fall whoever may fall" [from application of the law]. But at the crucial hour, nothing happens.

The English expression, "The law is enforced" is used daily. There is no question of a 'potential' enforcement of the law--of an "it will apply"; it is certain that the fine is set and paid. There is no choice, no discussion, let alone negotiations with law enforcement, be it traffic police, civil servant, or police officer. Later, if you disagree you can go to the judge to settle the dispute.

The statement, It is the law, ends all discussion, even though the regulations can be ridiculous. They go so far that in many supermarkets and bars, in public places like airports, people are required to show proof of age [to buy alcohol or cigarettes]. And in case a waiter or bartender fails to ask for proof because they can visually check the age, the employee may be subject to a fine or simply fired. This doesn't eliminate the possibility that all adolescents might have false credentials; the fact is they have to present it at the entrance of the bar.The employee cannot verify the validity of the document.

When I lived in LA for a few months, as a professor at UCLA, I got three parking tickets. The first was because the car was parked about eight inches ahead of the yellow line; the second because I fell asleep and did not move the car on time for the street sweeper to pass on Thursday; and the third because I was in a hurry, so I parked in front of my building but I did not park it correctly. On that last occasion I met with the officer, explained the situation and nothing. Each time the fine was $60, if it was paid on time. And I had to pay the fines, with the pain of my wallet. One doesn't know where or how they do it, but they always appear. It is a system of persecution, indeed, but it works.

In Mexico, the cops consult their rule books and, obviously, they should be writing tickets, but if they ticketed all the illegally parked cars it would never end. In Mexico, Enforce the law is when the tow truck arrives, but even in that situation one can negotiate.

It isn't that Americans are well educated, clean and law abiding. Their cars are full of rubbish and food scraps. The difference is that they put the trash on their property, and we throw it in the streets and nothing happens. The 'fine' as teaching tool works well as social therapy.

Nor is it a cultural thing or that we Mexicans are dirty or careless. First, it happens that we almost never pay the fine; second, there is no social sanction, which itself is cultural. In the United States, if you throw trash on the street or don't clean up the dog poop, someone comes along and tells you.

It is quite possible that this may have derived from a litigious society, where one can sue for anything. Once a neighbor scolded me because I did not like the trees. I did not understand what she meant. Finally she said she was going to water the tree in front of the house because I had never done so. It was a gigantic poplar that didn't need a bucket of water.

Indeed, in America there is an excessive tendency to control, which has in many cases gone to extremes. The persecution of smokers has been relentless, but there is a growing tolerance for potheads. There is a fascination with speed, but daily it is limited to 65 miles per hour.

The zero tolerance policy handles some things. A broken glass invites breaking another; one illegally parked car means another behind it; a corner with garbage encourages more trash. this is when a 'fine'  and systematic persecution are effective, but in our case we have found other ways.

I remember seeing amazing transformations on corners where they used to throw trash, but it occurred to someone to put, right there, an image of the Virgin of Guadalupe and holy remedy. No more mess, now they put flowers. Spanish original

Still Curious?

Related Jenny's posts:

• Civil Society, Rule of Law and Personalismo in Jenny's Neighborhood describes what is happening now that our rental contract has come up for renewal;
• Partying With Impunity is an illegal salon de fiestas, 'party house', next-door to Jenny's apartment; 
• Bureaucracy: Labyrinths of Power is introduced by our experiences trying to move our bank account from Pátzcuaro to Mexico City;
• What Makes Mexico's Legal System So Different? is the question we had to answer when trying to renew our Mexican resident visas.