Berkley Center

Multiple times I have heard Dominicans describe themselves as “chivos sin ley.” The phrase literally translates to "goats without law" and refers to how goats come and go without rules to control their behavior: they do whatever they please. This “characteristic” of Dominican society serves both as explanation and justification for the continued violation of the law.

Explanation: People violate the law because the police and the government do not enforce it; there is no moral hazard.

Justification: If the authorities will not enforce the law, then it is in my interest to also violate the law.

It is also commonplace for people caught by the police to pay off the officer and walk away scot-free. This further removes any incentive to obey the law.

While returning to the city from our internship, Molly and I are wide-eyed with fright. In order to avoid the traffic, our bus driver has decided to drive the wrong way down a one-way two-lane street. Cars and trucks speed straight for us, only managing to swerve out of the way at the last second. This is not the first time I have witnessed crazy death wish driving in Santo Domingo, and it certainly will not be the last. I have seen a carro public (a shared taxi) back-up an entire block just to pick up another passenger, and the driver of a guaguita (a small bus) that broke down in the middle of the road force the passengers to help push it out of the way. Daily, drivers will fill their vehicles way past capacity (picture a motorcycle carrying four passengers), make illegal U-turns, fit three cars into a two-lane street, etc. despite laws that prohibit these actions. The local police, Autoridad Metropolitana (AMET), very rarely intervene to enforce the traffic laws and sometimes even violate the law themselves.

The question remains: why do the authorities not crack down on traffic laws? For one thing, AMET officers certainly cannot fine a motorcyclist for not wearing a helmet if they themselves are not wearing one. Secondly, there is money to be made off of these traffic violations: any money paid towards a formal fine will go to the government, whereas money paid to a police officer to get out of a ticket will go straight into his pocket. And thirdly, the government has bigger problems, like the new controversial migration law that stripped the Dominican nationality from Dominicans of Haitian descent or the continued increase of unemployment throughout the country that pushes more of the population into poverty every day.

It is difficult to pinpoint where and how to instill the structural change necessary to transform the “chivos sin ley” reality. For now, Dominicans accept it. And perhaps there is order to the disorder— enough at least for it to have become a part of the Dominican way of life.

This collective characteristic, “chivos sin ley,” or acting without moral hazard, does not only apply to traffic law. It can be seen in the growing informal economy of the Dominican Republic, where businesses and individuals work without government regulation and without paying taxes; this includes motoconchismo (unlicensed/unregulated motorcycle drivers that take passengers like taxis), the abundant food/fruit/miscellaneous stands on the street, as well as prostitution. And because the government is not involved, they can get away with breaking a few laws here and there: discriminating against customers, overpricing, etc., without fear of punishment.

In each of these industries, there is no average salary or compliance with the minimum wage; there is no monetary guarantee. What these individuals make on the street is what they go home with, what they will use to pay bills, buy food, and finance their daily expenses. The workers typically invest their own money to borrow, rent, or buy their carts or motorcycles. For motoconchos in particular, there are the additional high costs of maintenance, gas, and even money needed for repairs or medical fees in the case of an accident. Seeing as for these informal workers literally every peso counts, it becomes clearer why these drivers will ignore the law and try to squeeze as many passengers as possible onto their motorcycles or into their buses. It even explains why fruit or art vendors will drastically increase prices when anyone resembling a tourist appears: (beyond assuming every foreigner is wealthy) the vendor is not obligated to pay taxes on the revenue generated from the sale and so takes home a larger pot, and the tourist is very unlikely to report the vendor to the authorities. No risk, no moral hazard, in essence “chivos sin ley.”