Why do we have rules?
Whenever a process does not run as desired—yielding inconsistent results, being unsafe, labor-intensive, or too costly—the first instinct is to issue new rules. The greater the desired correction, the stricter the measures become. This phenomenon is known as the risk–rule reflex [1]. The logic is simple: more and better rules will create more control over processes and thus increase the likelihood of achieving the intended result. This assumption is only partly correct. Rules do indeed provide guidance on what to do, but those who create them rarely consider their impact on the system as a whole.
Is a rule the best answer?
The hidden price of rules
Rules are never neutral. What often remains underexposed are the compliance costs—the additional time, attention, energy, and resources required to comply with new rules. As regulation grows, these costs rise, as does the confusion created by a dense forest of rules. While the assumed increase in control may exist within the process, the balance between Costs and Returns can become distorted. Scholars such as Ira Helsloot [2] and Wim Voermans[3] have warned about this imbalance for years.
A telling example is asbestos policy: even removing small partition walls required professionals to wear full protective suits, while private individuals were exempt. The result—widespread disbelief, high costs, and long lead times—yet the regulation remained intact. Knowing this, the question arises: why is it so difficult to roll back an overextended measure?
Two brain systems: fear and reason
The urge to act
The accumulation of compliance costs
Why abolishing rules is so difficult
Resistance
Rule systems gradually become resistant to change. They form ecosystems with mutual dependencies—whether quality systems, safety regimes, or tax legislation. Such systems sustain themselves and display all the characteristics of a perpetual motion machine [4]. Physicists believe this is theoretically impossible; in practice, it clearly exists. It is therefore naïve to think that tweaking rules alone can contain or change such a system.
Innovate rather than repair
If we want to tackle such an ecosystem, starting from scratch is the most realistic solution. Let go mentally of what exists. Clear the table and create space to reconsider the problem anew. In that mindset, original and creative thinking becomes possible. Form a working group to redefine the classic 5 W’s (Why, What, Who, When, Where). Only after a new approach and way of working have been created should you look back to assess whether serious gaps remain compared to the old approach.
Want to read more about the brain, behavior, and organizations?
Juni Daalmans
October 2025
[1] WRR stands for the Scientific Council for Government Policy.
[2] Professor of the Governance of Safety and Security at Radboud University Nijmegen; Head of Crisislab.
[3] Professor of Constitutional and Administrative Law at Leiden University.
[4] A perpetual motion machine (perpetuum mobile) is a Latin term meaning “continuous motion.” It refers to a long-standing concept in physics describing a theoretical device that, once set in motion, would continue to operate indefinitely without any external energy input.
