Showing posts with label community. Show all posts
Showing posts with label community. Show all posts

Tuesday, June 27, 2017

Mind the Gap: Individualism in Modern America

I recently had a strange dream. I was telling a colleague's child that he was very smart, but he had to pick a group to join to really make an impact. His mission in life, in addition to earning money and staying out of non-dischargeable debt, was to find his "tribe."  

He asked, "Isn't America about individualism?" 

"Not anymore, unless you have access to millions of dollars." 

If that sounds dystopian, you're right. In the old days, when life was simpler--and more harsh, with limited options--if a group of people had an idea, they could go to the town hall or a local event, discuss it, and implement it. Taxes didn't need to be raised--people contributed their time. More often than not, there was nothing to implement. You had a family--a large one--and your life revolved around taking care of them and avoiding disease. 

Today, as more adults in developed countries have delayed having children because of the high cost of homes in good school districts; greater unpredictability in relationships; and the need to go in debt to gain access to decent-paying careers, societies have struggled to replace the family with some other equally meaningful "work." In fact, many modern communities are tasked with filling in the gap that religion and family used to occupy and are learning Facebook, food trucks, specialty coffee, and Netflix don't provide the same ability to bind people together. 

If we have to go and "find" our families instead of creating them organically, we can see attending the "right" middle school, high school, and college counts. We can also see it's easier to exclude people when we or our parents choose private schools, stay within our "found" social networks, and don't take public transportation

Once we "choose" our new tribes, especially when we start working full time, it's easier to let social media and television influence how we feel. We've all seen videos of government officials in the 1960s destroying Beatles records. You might not know that even England banned Sesame Street, with the BBC's chief of children's programming calling the show "non-democratic and possibly dangerous for young Britons." Television was a game-changer, even when its programming was innocuous because societies understood that for the first time in history, an element other than family and school was vying for influence over their children's lives. The old conservatives weren't wrong to feel threatened. As the 2016 American presidential election showed, television's and media's influence sometimes overwhelm everything else. 

A few decades ago, if we disagreed with someone not in our social group, we might go and talk with him. We couldn't google a person's name and make assumptions. We might have gossiped about someone different, especially in smaller cities, but having different political or other beliefs didn't seem to impede social lives because so many other factors brought the community together and allowed opportunities to see an individual's integrity or work ethic. Without credit card or other consumer debt being widespread and with lawyers and the law serving local interests, the community could also assume a person in a neighborhood was there on his or her own merit. 

Today, many native-born Americans and Europeans might exclude or denigrate others based on political affiliations, whereas in the past, Jacklyn might see Miguel and grow to like him based on his capacity for hard work--political differences be damned. (True story, by the way--that's how Amazon.com was eventually created.)  Although it's easier to date interracially now than in the past, which increases possibilities on paper, we've managed to make relationships harder by excluding persons who don't share our opinions--even if they have a strong work ethic or character. 

Humanity seems to have a special capacity for shooting itself in the foot with every technological advancement, but the "meaningful relationship" gap isn't just about greater possibilities a la Tinder and Happn. With debt everywhere and laws giving certain groups preferential status, determining a person's character at a young age or combining lives becomes much more difficult. There are too many moving parts. Do you work a dead-end job to help your wife go to medical school, only to see her split up after she starts getting paid well? Do you stay at home, lower expenses by cooking at home, and take care of the kids while your husband moves up the corporate ladder, only to see him run off with the secretary? When we are unable to use information to establish character and instead use it to divide ourselves based on superficial differences while powerful groups form political alliances to protect themselves against change and consequences, why shouldn't things not to fall apart? 

Humans have never been a very tolerant species, but we were intolerant on our own dime in the past, not OPM and certainly not with money we borrowed from our children's yet unborn next generation. If someone bought a new car, we could look at it and assume s/he sacrificed and saved up to buy it. Sure, the car was shiny and had useful new features, but the real attraction--whether we realized it or not--was that we were lucky to know someone who made an effort to convert his time into something tangible and share its unique experience with us. If the car broke down, the neighborhood felt the owner's anguish, and the car manufacturer or dealer would lose his reputation unless the owner--our owner--was made whole. If a police officer was shot or attacked, we all felt the blow because we saw him walking our streets at nighttime. At the same time, if he committed excessive or unnecessary violence against a member of our community, the mayor and police chief answered to the neighborhood, not the union, not an MOU, and not a lawyer authorized to use every procedural trick in the book. 

I was never very good at algebra, but here's a formula you may want to consider: excessive debt + a lack of tolerance + a dearth of ways to show character and integrity - trust = dystopia. In short, the American president is the least of our problems. 

Vaclav Havel, Disturbing the Peace (1991)

Tuesday, March 3, 2009

A Smart Counterargument to Libertarians

The Green Bag, a legal journal, just published a fantastic Almanac and Reader (2008). Law students and lawyers should read the excerpt, "Making Your Case--The Art of Persuading Judges," by Justice Antonin Scalia and Bryan Garner. Although I majored in English and took legal writing courses in law school, Scalia's excerpt is a must-read for anyone who wants to write effectively. 

The entire book can be found here. The Almanac has other wonderful articles, including one by J. Harvie Wilkinson III, "Toward One America--A Vision in Law." [page 296] Although I am inclined towards libertarianism, Wilkinson made me see why others are against the view that individual rights and self-interest reign supreme: 

Let's restore a constitutional respect for community. It is futile to expect a healthy nation in the absence of a health sense of community. Community instills within us the sense that we live for something larger and more meaningful than just ourselves... Communities are built around shared purposes and values, one of which is surely a respect and appreciation for individual rights. But there must likewise be the sense that individuals contribute to, as well as take from, this larger whole of which we as single persons are but parts... 

It must still be asked whether the notion of free-floating, i.e. non-textual, constitutional rights of personal autonomy has not helped to deprive us of a sense of connectedness that is indispensable to the formation of a collective identity. There is a limit to which individual intimacies should be at the sufferance of majorities, but there are likewise limits to the extent that democratic majorities in a state or nation can be deprived of the communal right to promote cherished values. To enshrine a sanctity of self in our founding charter without textual or historical warrant may be just as pernicious as the attempt to enshrine discrimination against those whose personal choices may for good and legitimate reason fail to conform to the majority's own... 

When we next drive through the countryside or take a moment's pause, we might reflect on what we get from living in society. We did not build our own home; make our own car or clothes; or invent the computers, phones, lights, or appliances we not take so much for granted. Left alone, we could not enjoy a concert, educate our children, put out a fire, raise capital, or take a trip. We would, in short, be miserable and helpless. [Green Bag Almanac and Reader, 2008, at 303-304] 

Wilkinson makes some good points and ultimately claims the middle ground. Continuing on the topic of good writing, he demonstrates the most effective writing style--moving your audience to a reasonable middle ground. However, I still disagree with the idea that communal rights should trump individual rights. The foundation of freedom is built upon two principles: 1) limitation of government power against its own citizens/residents; and 2) respect for the minority. Establishing a community sounds fine in theory, but when push comes to shove, the minority view is usually drowned out, and the government may run roughshod over their rights. Yet, that's precisely when the law and the courts should enter--at the inconvenient time when the majority, already backed by their elected representatives, are attempting to limit the individual's or the minority's freedom. 

The law is designed for inconvenient times. When it's heart-wrenching and difficult, that's when the court's pen should be unsheathed to calm the masses and to protect the individual. When the Jehovah's Witnesses are being persecuted and beaten in the schools for not taking the oath of allegiance, that's when the Court should intervene. When a political party is castigating a minority group for a nation's troubles, that's when a strong judge must use the law and remind citizens to let others alone. When the government and the majority see outside threats and want to use torture, that's when the courts should immediately remember why they exist--to use the consistent, steadying rule of law to prevent individual oppression. (By the way, federal judge Jay Bybee and UC Berkeley Professor John Woo encouraged the Bush II administration to define torture as "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death." [p. 545] I'll take my individual rights now, please--I don't want any part of that community.) 

Viewing his ideas in this light, Wilkinson sounds more like he's arguing for fascism than freedom when he talks about courts respecting the community. In times of prosperity, I would agree with him; however, it's when stress and conflict enter the picture that the rights of the individual are too often ignored in the interests of community and safety. Sadly, in almost every major conflict between community and the individual, courts have initially sided with the majority at the expense of the individual. See segregation (Plessy v. Ferguson); refusing to take the pledge of allegiance (Minersville School District v. Gobitis); Guantanamo Bay (it took seven(!) years for a court to finally reject this executive order); Chinese Exclusion Act (1882); and free speech rights (Dennis v. United States). In tough times, I wouldn't put my faith in the community--not with that historical record. 

Speaking of the middle ground, Judge Henry Friendly apparently embodied it. He was said to have the "gift of moderation," the "silken string running through the pearl-chain of all virtues." [Id. at 379, Michael Boudin, "Judge Henry Friendly and the Mirror of Constitutional Law."] As an attorney, Judge Friendly seems like my kind of judge--someone who personifies moderation. We have a local judge who embodies this moderation principle, too. I have never seen him lose his temper. Even when he has gotten irritated with my inexperience, his irritation has been swift and has not prevented him from briefly explaining what I am doing wrong. I don't like to name names when it comes to judges, but Santa Clara County is lucky to have a judge like him.