two quotations on democracy and the judiciary

Samuel Moyn, 2018

In the face of an enemy Supreme Court, the only option is for progressives to begin work on a long-term plan to recast the role of fundamental law in our society for the sake of majority rule—disempowering the courts and angling, when they can, to redo our undemocratic constitution itself. This will require taking a few pages from the conservative playbook of the last generation. It is conservatives who stole the originally progressive talking point that we are experiencing “government by judiciary.” It is conservatives who convinced wide swathes of the American people that it is the left, not the right, that too routinely uses constitutional law to enact its policy preferences, no matter what the text says. The truth is the reverse, and progressives need to take back the charge they lost. To do so, they need to abandon their routine temptation to collude with the higher judiciary opportunistically. Progressives must embrace democracy and its risks if they want to avoid the stigma of judicial activism that still haunts them from the past.

The editors of First Things, 1996: 

With respect to the American people, the judiciary has in effect declared that the most important questions about how we ought to order our life together are outside the purview of ‘things of their knowledge.’ Not that judges necessarily claim greater knowledge; they simply claim, and exercise, the power to decide. The citizens of this democratic republic are deemed to lack the competence for self-government…. The courts have not, and perhaps cannot, restrain themselves, and it may be that in the present regime no other effective restraints are available. If so, we are witnessing the end of democracy. 

I have so many questions

These are all serious questions — not gotchas - they’re questions I don’t know the answers to and wish I did. And of course knowing the answers from any one person wouldn’t help very much: what I really need is access to the Zeitgeist on these points. But that knowledge isn’t available. Still, I can’t stop wondering. So here goes:

If you’re, let’s say, Alexis Grenell and you believe that women who supported the confirmation of Brett Kavanaugh are “gender traitors” who have made a “blood pact with white men,” what do you do if you find yourself sitting at dinner with such a woman? Say six of you are eating out somewhere and one woman you hadn’t previously met says that she would have voted to confirm Kavanaugh. Do you get up and leave? Try to persuade her that she’s wrong? Throw water in her face? Sit and steam?

What if you don’t throw water in her face but another woman at the table does? Are you okay with that?

If you could get her dismissed from her job, would you consider doing that?

What if the person who supports Kavanaugh is an old friend? Does that, for you, end the friendship?

Now, a question for people who support confronting and challenging politicians at restaurants and other public places. What is your goal? Is it simply punitive, or do you believe that by doing that kind of thing you can change a politician’s mind? (NB: If you’re the sort of person who shows up at a pizza parlor with a gun because of something you read online, you need not answer this question.)

How do you think you would respond if you were subject to the same protests? Would you be intimidated into voting the way the protestors want you to vote? Would you become more sympathetic to their cause?

Presumably you know that what one side does the other will soon copy. So if this escalates to the point where very few politicians of either major party are able to eat at restaurants, what precisely will we, as a nation and a society, have gained?

If you believe that, for example, Brendan Eich could not serve as the CEO of Mozilla because he opposed the legalization of gay marriage, do you think it would be okay for him to have some other, lesser job at Mozilla? If not, what sort of job do you think it would be acceptable for Eich to have?

Obviously the intensity of feeling on the left right now stems from the conviction that a Trump presidency + a long-term conservative majority on the Supreme Court = something close to an extinction event for American democracy — just as many on the right two years ago believed that the prospect of a Clinton presidency was so horrifying that America was faced with the “Flight 93 Election.” But most of these questions are addressed to the left because that’s where most of the anger is right now. (And if you think I’m soft on the right, use the search box on the left side of this page and enter the word “Trump.”)

Presumably not all positions held by the party you oppose are equally reprehensible; not all prompt your activist anger. For example, I doubt that very many people would confront a politician at a restaurant because he or she supports President Trump’s new tariffs, even if they think those tariffs are a very bad idea. So what are the issues that, if someone gets them wrong, place that person beyond the pale, mark him or her as someone you can’t have table fellowship with, as someone who can’t be allowed to live unconfronted? Kavanaugh, yes, but what else?

  • Supporting Trump’s immigration policies?
  • Opposing abortion on demand?
  • Opposing abortion before viability?
  • Believing that the killer of Laquan McDonald should have been acquitted?
  • Supporting legislation like the North Carolina bathroom bill?
That is, what are the issues on which you can agree to disagree with someone — or at least to remain on speaking terms with that person, even if you keep arguing — and what issues, by contrast, demand a break of relationship?

Almost all of these questions center on a particular concern of mine. There’s no doubt that we live in a rhetorically heated time — the most heated moment of my lifetime, I believe (though I can’t be sure about that). But what actions does our verbal anger lead to? If we speak about one another in the extreme ways we do today, how will we treat one another?

the lustful sex

Faramerz Dabhoiwala:

This is a point in history where the old idea that women are the more lustful sex – which dominated western culture until the 17th century – is suddenly overturned and replaced by exactly the opposite presumption, that men are naturally promiscuous and can’t help it, and women are more chaste and naturally asexual.
I’m pretty sure this isn’t true. Go all the way back to the Odyssey, where Penelope is expected to remain faithful to Odysseus — indeed, it’s pretty clear that if she were to shack up with one of the suitors the returning Odysseus would kill her — while when Odysseus and his men have sex with Circe and her fun girls they excuse themselves: “As we were men, we could not help consenting.”

Or think about Boccaccio’s great tale (the tenth story of day 3) about putting the Devil in Hell. It’s a story about a woman’s sexual passion, but note that Alibech shows no interest in sex until Rustico teaches her; that she becomes more enthusiastic about this, um, spiritual exercise than he is the reversal, the incongruity, that gives the story its humor.

A thousand more examples could be cited. Dabhoiwala‘s claim seems completely unsustainable to me.


UPDATE: But what do I know? I got an email from my former student Sarah Brom Lindsay, an  actual medievalist, who sets me straight and reminds me — once again! I never learn! — of the dangers of too-quick reactions. Here’s Sarah:

I can’t speak to ancient Greek ideas about sexuality, but certainly in the middle ages women were generally viewed as the more lustful sex. This arises partially from the anti-feminist tradition that saw women as simply more sinful than men; Chaucer’s Wife of Bath rails against this tradition while simultaneously embodying its worst suspicions about women’s uncontrollable sexuality.

The idea of women as more lustful also gained support from the association of women with the body and sensation rather than the intellect; while men could be expected to rationally control their impulses, women were seen as both feeling those impulses more strongly and lacking the rational ability to control their sexuality.

For an example, in her Book of the City of Ladies, Christine de Pizan spends a section addressing and refuting the ideas that few women are chaste and that women, even if they object, actually want to be forced. Christine’s work is one of the early entry in the Querelle des femmes and she is responding to broad claims about the inferiority of women, including the commonly-made claim that women are less chaste.

As for Boccaccio’s tale, I’d read the humor differently: the seduced woman may not have been interested in sex at first, but the priest should have known better than to awaken that desire precisely because it would soon outstrip his (although with the caveat that I’m not an Italianist or a Boccaccio scholar).

So the claim that the idea of woman as “the lustful sex” dominated western culture all the way back to ancient Greece may be overstated. But it certainly dates as far back as Jerome.

[caption id=“attachment_35998” align=“aligncenter” width=“700”] Geta Bratescu[/caption]

credibility

When a person testifies about some past event, and his or her listeners have no external evidence to corroborate or refute that testimony, those listeners will place a great deal of emphasis on credibility. “I find her a very credible witness.” “I just didn’t find him credible.” We know that con men make opulent livings through seeming credible to large numbers of people; if we search our memories we will discover scenes in which we believed people we shouldn’t have believed and disbelieved people we should have believed; but in the moment we human beings seem to have a nearly absolute confidence in our ability to assess credibility.

This is, of course, complete nonsense. None of us has the superpower of looking into speakers’ souls to discern their true character. Each of us is, in many circumstances, easily fooled. And perhaps on some level, somewhere deep in the recesses of our minds, we realize this. We remember those moments when we were so sure someone was lying when they weren’t, or telling the truth when they weren’t. So we peek around at our ingroup for confirmation. And we get it. They have the same impressions, the same feelings, the same assessments of credibility.

And that can scarcely be surprising, because we share our prejudices and presuppositions and assumptions and tendencies with other members of our ingroup — that’s in large part what makes them our ingroup. So tribalism both produces our impressions of credibility and confirms them. Which makes our impressions of credibility epistemically worthless.

But without them, what do we have? That’s a question that, it seems, few are willing to face. To doubt our impressions is to doubt much of what sustains us day by day. This morning Ross Douthat writes, “Only the Truth Can Save Us Now.” Yeah, good luck with that.

“in fact the mind was poorly understood”

Astounding, really, that Michel could consider psychology any kind of science at all. So much of it consisted of throwing together. Of thinking of the mind as a steam engine, the mechanical analogy most ready to hand during the birth of modern psychology. People had always done that when they thought about the mind: clockwork for Descartes, geological changes for the early Victorians, computers or holography for the twentieth century, AIs for the twenty-first…. and for the Freudian traditionalists, steam engines. Application of heat, pressure buildup, pressure displacement, venting, all shifted into repression, sublimation, the return of the repressed. Sax thought it unlikely steam engines were an adequate model for the human mind. The mind was more like — what? — an ecology — a fellfield — or else a jungle, populated by all manner of strange beasts. Or a universe, filled with stars and quasars and black holes. Well — a bit grandiose, that — really it was more like a complex collection of synapses and axons, chemical energies surging hither and yon, like weather in an atmosphere. That was better — weather — storm fronts of thought, high-pressure zones, low-pressure cells, hurricanes — the jet streams of biological desires, always making their swift powerful rounds…. life in the wind. Well. Throwing together. In fact the mind was poorly understood.

— Kim Stanley Robinson, Blue Mars

“a large superfluous establishment of words”

We talk about the tyranny of words, but we like to tyrannise over them too; we are fond of having a large superfluous establishment of words to wait upon us on great occasions; we think it looks important, and sounds well. As we are not particular about the meaning of our liveries on state occasions, if they be but fine and numerous enough, so, the meaning or necessity of our words is a secondary consideration, if there be but a great parade of them. And as individuals get into trouble by making too great a show of liveries, or as slaves when they are too numerous rise against their masters, so I think I could mention a nation that has got into many great difficulties, and will get into many greater, from maintaining too large a retinue of words.

— Dickens, David Copperfield 

N.B.  Quote posted by a man who has published more than a dozen books and hundreds of articles, so grains of salt may be required. 

the methods of the Official Straighteners

Two recent stories — one involving a Chicago priest named Paul Kalchik and one involving Marine le Pen — have something significant in common. Neither figure is being punished but each is being examined. In Le Pen’s case a psychologist will be tasked with determining whether she is “capable of understanding remarks and answering questions.” Fr. Kalchik’s psychological examination, Cardinal Blaise Cupich wrote, is to ensure that he “receive[s] pastoral support so his needs can be assessed.”

These are perfect embodiments of what C. S. Lewis called “the humanitarian theory of punishment.” Those holding this theory

maintain that the only legitimate motives for punishing are the desire to deter others by example or to mend the criminal. When this theory is combined, as frequently happens, with the belief that all crime is more or less pathological, the idea of mending tails off into that of healing or curing and punishment becomes therapeutic. Thus it appears at first sight that we have passed from the harsh and self-righteous notion of giving the wicked their deserts to the charitable and enlightened one of tending the psychologically sick. What could be more amiable?
Thus Cupich’s claim that his actions are focused on Fr. Kalchik’s “needs.” But Lewis’s continuation is vital: “One little point which is taken for granted in this theory needs, however, to be made explicit. The things done to the criminal, even if they are called cures, will be just as compulsory as they were in the old days when we called them punishments.” And, from the point of view of the state or any other governing body, this shift from punishment to healing has certain desirable consequences. More from Lewis, on an article he had recently read:
The author was pleading that a certain sin, now treated by our laws as a crime, should henceforward be treated as a disease. And he complained that under the present system the offender, after a term in gaol, was simply let out to return to his original environment where he would probably relapse. What he complained of was not the shutting up but the letting out. On his remedial view of punishment the offender should, of course, be detained until he was cured. And of course the official straighteners are the only people who can say when that is. The first result of the Humanitarian theory is, therefore, to substitute for a definite sentence (reflecting to some extent the community’s moral judgment on the degree of ill-desert involved) an indefinite sentence terminable only by the word of those experts — and they are not experts in moral thology nor even in the Law of Nature — who inflict it. Which of us, if he stood in the dock, would not prefer to be tried by the old system?
It is not clear, of course, that there will be any “sentence” of Fr. Kalchik or Marine Le Pen. But the remote possibility of lengthy punishment is coupled with the immediate certainty of compulsory therapy at the hands of people who wield enormous power over their future. This is certainly meant to have a profound deterrent effect not only on them but in the one case on all priests in the Diocese of Chicago and in the other on the French public as a whole. Pour encourager les autres and all that.

Lewis is at pains to emphasize that his case against the Humanitarian theory of punishment assumes “no evil intentions on the part of the Humanitarian.”

My contention is that good men (not bad men) consistently acting upon that position would act as cruelly and unjustly as the greatest tyrants. They might in some respects act even worse. Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.
But what if the official straighteners are not good people? You’ll have to read the rest of his essay to find out.

is it okay to share praise?

Philip Jenkins in the Englewood Review of Books on my book The Year of Our Lord 1943:

Alan Jacobs has written a brilliant contribution to the study of modern Christian thought. By focusing on a single pivotal year during the Second World War, he traces the reactions of a stellar group of Christian thinkers to the ethical and spiritual crises of the age, and how they saw the prospects for building a new Christian civilization in the postwar era. The discussions of individual thinkers are impressive enough, but the conspectus approach allows us to comprehend the critical issues with special clarity. In its innovative structure, the book offers an exemplary model for the writing of intellectual history.

Christian language policing

Mary Eberstadt:

The word gay and related terms like LGBTQ should be avoided for a deeper reason. They are insufficiently respectful of the human beings who are described in this way. Such identifiers sell humanity short by suggesting that sexual desire amounts to the most important fact about an individual. However well-intentioned (or not), these terms advance a reductionist view of men and women incommensurate with the reality that we are infinitely rich and complicated beings, created in the image of God.

It is bad enough when the wider culture, interested in exploiting carnal desires for commercial or prurient reasons, objectifies human beings in this way. When religious authorities do the same, the damage is worse. I’m reminded of Fr. Arne Panula, a prominent Washington, D.C., priest of manifest goodness and wisdom who died last year. In one of our last conversations, he mentioned meeting a friend-of-a-friend in Italy. This friend felt compelled to tell him, “Fr. Arne, I’m gay.” To which the priest replied, “No, you’re not. You’re a child of God.” Fr. Arne was making the point that the most important fact about this man was not his erotic leanings.

I have heard some version of this argument many times and I have never understood it. Are there any other adjectives or descriptors that Eberstadt sees as having the same character?

For instance, imagine that I had just met Fr. Arne, and as we chatted he started telling me, with the evident sense that this would mean something to me, that he loved the city of Montreal and thought that the RCMP is an especially admirable institution that other countries should imitate. Imagine further that, in order to head off any misunderstanding, I said, “Fr. Arne, I’m American.” Would he reply, “No, you’re not. You’re a child of God”? And if not, why not? (We can easily imagine other situations in which I might say “I’m white” or “I’m Southern.”)

Adjectives and similar descriptors tend to be circumstantial in this way. Were I to say, in the imagined context, “I’m American,” I would not therefore be affirming that being American is intrinsic to my identity or the most important thing about me. I would, rather, be affirming that my status as an American was contextually relevant. And aren’t there other contexts in which “I’m gay” or “I’m straight” would be similarly relevant?

At this point in writing this post I realized that what I’m saying sounded familiar to me, and I thought a while, and remembered that Ron Belgau has already made my point: “English speakers say, ‘I am X’ all the time without meaning that ‘X’ is either a defining or constitutive element in their identity….” Belgau concludes, definitively: “I do not think that ‘gay’ describes any deep fact about who I am in Christ.” And yet no matter how many times he and his colleagues make these denials, someone always turns up to say Yes you do, you totally think that.

The insistence I see in so many quarters on policing this very particular bit of English usage is very strange to me, and I am losing the ability to see it as anything but a power play, a way of saying to gay and lesbian Christians You’ll use the language we decide you should use, or else. It’s become a non-fatal shibboleth, this demand that a certain word or set of words be used or not be used as a precondition of full fellowship. Isn’t it past time just to let this go?

remembering Doc

I am grieved to hear of the death of Donald Sniegowski, known to one and all as Doc. Doc is father to my dear friends Paul Sniegowski and Gail Kienitz — “father-in-law” seems a little too distant to describe his relationship with Gail — and grandfather to my goddaughter Emma. My wife Teri and I first met Doc many years ago at his and Barbara’s home in South Bend, where we were immediately welcomed with great warmth and festivity. There tended to be a lot of festivity when you were around Doc.

Some years later, after our son Wesley came along, we connected with Doc and Barbara in England, and they swept Teri and Wes away on a day trip to the Cotswolds. Here’s a photo of Doc explaining to Wes how to look for fish in the stream:

(Wesley adored Doc. When he was even younger than he is in this picture he would sit in a high chair at the Sniegowskis’ dinner table and imitate Doc’s voice, which made Doc laugh, which made Wesley laugh, which made Doc laugh even more, in  a marvelous escalation of hilarity.) You can tell just from that pose that Doc would become a wonderful grandfather — which happened, and soon, for Emma came along not long after this, and then eight more grandchildren.

Doc understood the vocation of teacher to be a one of service — it was in helping his students that he fulfilled his calling, as many of them (including Gail) will readily testify. I have always wanted to be more like him than I am, and not just in this. Frederick Buechner says that a saint is a life-giver, and by that criterion anyway Doc was a saint. You always felt a little more alive, a little more aware, and little more delighted with the world when you were around him — so much so that I have struggled to use the past tense in this post.

I last saw Doc when I gave a talk at Notre Dame, maybe six years ago, and over dinner after the talk there was much laughter between us. I deeply regret how rarely our paths crossed in these recent years. But I have thought of him often, and will continue to remember him, and to be grateful for his example, and for his great, great kindness.

on wrath and the feast day of St. Jonathan Swift

Here’s an excellent review by John Wilson of Martha Nussbaum’s new book. With John, I too doubt that fear is the dominant emotion of our moment. My candidate is wrath, which is one reason why I have argued for the canonization of Jonathan Swift. If we must be wrathful, at least let our wrath be truly righteous. Do please click through for the Litany I have written for St. Jonathan’s feast day — soon may it come — but for what it’s worth here’s the collect I composed:

Almighty and most wrathful God, who hate nothing You have made but sometimes repent of having made Man; we thank you this day for the life and work of Your faithful servant Jonathan Swift, who constantly imitated and occasionally exceeded Your own anger at the folly of sin, and who in his works excoriated such folly with a passion that brought him nigh unto madness; and we pray that You may teach us to be imitators of him, so that the follies and stupidities of our own time may receive their proper chastisement; through Christ our Lord, who reigns with You and the Holy Spirit, one God, now and forever. Amen.

a clash of cultures in London

Bridging Home, London, 2018 © Do Ho Suh 

how to evaluate a strong but disputable claim

This from John D. Cook is a great example of how to respond to strong but highly disputable scientific claims — in this case Michael Atiyah’s claim to have proven the Riemann hypothesis:

Atiyah’s proof is probably wrong, just because proofs of big theorems are usually wrong. Andrew Wiles’ proof of Fermat’s Last Theorem had a flaw that took a year to patch. We don’t know who Atiyah has shown his work to. If he hasn’t shown it to anyone, then it is almost certainly flawed: nobody does flawless work alone. Maybe his proof has a patchable flaw. Maybe it is flawed beyond repair, but contains interesting ideas worth pursuing further.

The worst case scenario is that Atiyah’s work on the fine structure constant and Todd functions is full of holes. He has made other big claims in the last few years that didn’t work out. Some say he should quit doing mathematics because he has made big mistakes.

I’ve made big mistakes too, and I’m not quitting. I make mistakes doing far less ambitious work than trying to prove the Riemann hypothesis. I doubt I’ll ever produce anything as deep as a plausible but flawed proof of the Riemann hypothesis.

Fantastic. Would that we had more people who think this way.

the instrumentalist chain

Earlier I wrote of goods that can’t be aimed at directly, and here’s another example of that.

Like all college teachers, I have heard many times — many, many times — more times than I can count — something along these lines: If I don’t get an A in your class then I won’t be able to get into medical school [or law school, or business school, or engineering school, or dental school] so just tell me what I need to do to get that A.

Here’s how I usually respond:

First, I understand and sympathize with your anxiety, but please don’t say that. Whether you mean it to or not, it sounds manipulative. (“If all my dreams are crushed it’ll be your fault!”) And teachers are no exception to the general rule that most people don’t like feeling manipulated and will often do the opposite of what they think others are trying to get them to do.

But second, and more important for our purposes, you’re really not thinking of this problem in the right way. The problem is not I’m getting a lower grade than I want, the problem is I’m not doing excellent work. Your grade is only a marker or token of the quality of your work. You can’t get a better grade by focusing on getting a better grade. Your grades will improve when your work improves.

This is the pitfall of all instrumentalist thinking — even when it’s properly instrumentalist. By which I mean that there are some things it’s perfectly okay to think of as means to other ends. I exercise so I can be healthier: if I don’t love exercise in itself and for itself, that’s not a problem — unless I fail to pay sufficient attention to what I’m doing when I exercise that in the end I don’t improve my health as much as I want. The way for me to fix that is to start focusing on the exercise itself. Wanting ever more intensely to be super-healthy doesn’t actually help me.

Many of my students don’t care about the quality of the work they’re doing. They care about the grades they get, and they care about grades because the grades will determine whether they get into med school, and they care about getting into med school because that will determine whether they get to be doctors, and they want to be doctors because … well, who am I to judge? My point here is just that there’s a lengthy chain of instrumentalist motivation here, acts that are meaningful only because they lead to other acts that are only meaningful because they lead to still other acts, in regressive links that I can’t see the end of. But the only way people are ever going to get to their goal, whatever that happens to be, is by starting to care about the work they’re doing today.

on conversation

Tim Herrera’s tips for having better conversations are not tips for having better conversations. They’re tips for being better liked. They’re strategies for getting people to have a higher opinion of you, for (as one of the people Herrera interviews puts it) making people ”think you’re a great conversationalist.” Herrera’s piece isn’t about conversation at all, it’s about becoming “a true conversation superstar.”

Tyler Cowen’s alternative suggestions aren’t much, or any, better. Cowen isn’t worried about being liked, but he does seem to be worried about … I don’t know, let’s call it conversational productivity. “Rapidly signal what kind of conversation you are good at, if anything going overboard in the preferred direction, again to establish whether the proper conversational match is in place.” I imagine Cowen going home ay the end of the day and writing in his diary, “I had seven conversational opportunities today, and after employing my signaling technique discovered that two of them yielded productive interchange. My records show that 28% productivity is slightly above average for conversations, so it was a pretty good day.”

If someone were to ask me “How can I become a better conversationalist?” my first thought would be a question: “Why do you want to know?” Because if what you want is popularity or productivity, then conversation is no more than a means to some other end and maybe not even an especially useful means.

Genuine conversation, it seems to me, is not something that one can aim directly at. (In this sense it’s like happiness.) Genuine conversation happens not when you’ve decided you want to have some conversation but when you’re actually engaged with another person. Conversation emerges from a degree of leisure, from patience, and from the trust that enables people to be truly present with each other and to be well-disposed to each other. Rather than asking “how can I have good conversations” or (worse) “how can I be a good conversationalist,” I think we’d all do better to ask this: How can I live in such a way that conversations naturally emerge from my form of life?

Yahweh’s unearthly patience

The impression we get from 1–2 Kings is not that God is a stingy disciplinarian with an anger problem. If anything, the God of 1–2 Kings is irresponsibly indulgent toward his people, a God who does not seem to realize he cannot run the world without a dose of law and order. By the time Judah is sent into Babylonian exile in 2 Kgs. 25, we are not saying, “My, what a harsh God”; if we read attentively, we are saying, “It’s about time! What took him so long?” The offense of the theology proper of 1–2 Kings is not that God is angry with the innocent. The offense is the offense of Jonah — the offense of God’s mercy, the offense of Yahweh’s unearthly patience with the irascible and unresponsive.

Peter Leithart

on firing Ian Buruma

Damon Linker thinks the firing of Ian Buruma is taking the #MeToo movement a step too far:

Buruma made a serious editorial misjudgment. But he became the focus of intense fury on Twitter and was fired for something else — for displaying insufficient outrage and indignation about Ghomeshi’s actions, and for seeing value in using Ghomeshi’s personal experience as an occasion for thinking about an aspect of the subject without first and foremost engaging in scorched-earth excoriation.

That is what is fast becoming unacceptable.

Damon is, as I have said often, one of the best columnists around, so I always take his views seriously, but I’m not convinced by his argument here. First, I wonder if Damon has accurately described the reasons for Buruma’s firing. None of us were privy to the conversations between Buruma and his employers, and it wouldn’t be surprising if they had asked him to apologize for his actions and words in ways he wasn’t prepared to do. Maybe the details will emerge later.

But even if he was simply summarily fired after his Slate interview I’m not sure that it’s right to say that Buruma simply “displayed insufficient outrage and indignation.” I want to look a little more closely at the details of that interview.

What is Buruma willing to say that Jian Ghomeshi did? He speaks of Ghomeshi as “being a jerk in many ways” and as belonging to a general class of people who “behaved badly sexually, abusing their power in one way or another” — people who “misbehaved.”

But his great emphasis is on the fact that Ghomeshi was not (or has not yet been) convicted of any crime: “in cases like his, where you have been legally acquitted … I am not talking about people who broke the law. I am not talking about rapists … What is much murkier is when people are not found to have broken the law … All I know is that in a court of law he was acquitted, and there is no proof he committed a crime … My concern is what happens to somebody who has not been found guilty in any criminal sense … All I know is that he was acquitted … People very quickly conflate cases of criminal behavior with cases that are sometimes murkier and can involve making people feel uncomfortable, verbally or physically, and that really has very little to do with rape or criminal violence.”

That last sentence seems especially troublesome. Isaac Chotiner, the interviewer, keeps reminding Buruma that several women have accused Ghomeshi of biting, choking, and punching them during sex. Buruma tries to wave this away: “Take something like biting. Biting can be an aggressive or even criminal act. It can also be construed differently in different circumstances.” No doubt this is literally true. But to assert that such behavior “really has very little to do with rape or criminal violence” is effectively to say that the women who claimed that Ghomeshi bit and punched and choked them in violent ways were wrong. The suggestion is very strong here that maybe all Ghomeshi did was “make them feel uncomfortable.”

Buruma repeatedly says — and in itself this is certainly defensible — that he doesn’t know what Ghomeshi did. “I don’t know if what all these women are saying is true. Perhaps it is. Perhaps it isn’t…. The exact nature of his behavior — how much consent was involved — I have no idea, nor is it really my concern.”

But what, then, is his concern? It is to learn what it feels like to be publicly “pilloried” as Ghomeshi has been. Again and again he characterizes Ghomeshi as someone who is the passive victim of something: Buruma claims to be interested in the experience of “finding your life ruined and being a public villain and pilloried,” of what it’s like to “have been legally acquitted but you are still judged as undesirable in public opinion…. My interest in running this piece, as I said, is the point of view of somebody who has been pilloried in public opinion and what somebody like that feels about it.”

So when we put all this together, we see that Buruma has no interest at all in what Ghomeshi did, but rather cares only about what has been done to him: the fact that he has been “pilloried,” not whether he has done anything to deserve such treatment. It’s especially telling that Buruma does not think Ghomeshi has ruined anything, but rather is “finding” his life ruined — like finding out you have cancer, or finding that your job has been eliminated. Buruma simply erases the causal links between Ghomeshi’s behavior and his experiences. And it is hard to see how this isolating of the experiences from their causes can have any effect other than to increase sympathy for Ghomeshi.

And the women who have complained about Ghomeshi’s treatment of them? Buruma says not one word about them. They too have been erased. What does it feel like to be them? That’s a question Buruma never asks. And he doesn’t ask it because, as he says, it isn’t his “concern.” It is not something that, editorially at least, he cares about.

Looking at this whole picture, I don’t think we see someone merely “displaying insufficient outrage and indignation about Ghomeshi’s actions.” I think we see a much deeper moral blindness — an excessive interest in one person’s sufferings and an utter lack of interest in the sufferings of others — that, to me, calls Buruma’s judgment seriously into question. If I had been his boss, I don’t know that I would have fired him; but after I saw that interview in Slate, firing him would have been my first option.

on Sloan and Sherlock

The super-cool Robin Sloan has a super-cool newsletter — only occasional, alas, but Robin has many irons in the fire these days. He even makes olive oil. But anyway, in a recent edition of the newsletter, he makes in passing a fascinating point:

There’s something happening in fiction now, and to a degree in film and TV too: the time in which stories are set is scootching back, with writers fleeing to the safety of 1994 or 1987 or much earlier. Why? Because we didn’t have smart phones then. We didn’t have social media. The world didn’t have this shimmering overlay of internet which is, in a very practical way, hard to write about. Writers of novels and teleplays have well-developed tools for the depiction of drama in real space. Drama that plays out through our little pocket-sized screens is just as rich -- but how do we show it? We’re now seeing film and TV figure this out in real-time. Novels have been (oddly?) less successful. Because digital action relies on so many Brands™, it feels risky and/or distasteful to send your narrative too deep into that realm. Who wants to be the person who called it wrong and wrote the Great MySpace Novel? (Actually, the Great MySpace Novel would be amazing. But see, that’s not now anymore! MySpace has stabilized into historical artifact. We can look at it; describe it; maybe even understand it. That’s not the case with the systems we’re using right now. We’re lost inside of them.)
Remember the first episode of Sherlock? Came out eight -- yes, eight -- years ago, and one of the most-discussed elements of the first episode was its use of texting. Sherlock texted and received texts all the time, and the content of those texts was regularly displayed our TV screens. For a thoughtful take on how the series did this, see this video essay on “Visual Writing in Sherlock” -- visual writing that is by no means confined to the display of texting. I believe there’s general agreement that the makers of the series not only got this right but also used it to great dramatic, and sometimes comic, effect.

I don’t want to take Robin’s point too far, but I’m taken by the suggestion that a particular technology only becomes available for artistic representation when artists and audience are not “lost inside of it.” In this context it might be worth noting that Sherlock’s representation of texting happened right after the first widespread availability of smartphones, and therefore right after people began regularly interacting with the phones in non-textual ways (especially through photos and video). Sherlock’s representation of visual writing is, then, what BlackBerry use looks like when you have an iPhone.

You know what else appeared in 2010? The Social Network – a movie about Facebook that showed up just when people were dismissing Facebook as uncool and turning instead to Twitter – and then to Instagram (which was also released in 2010, though it didn’t become huge right away).

One more artifact from that same year: Gary Shteyngart’s novel Super Sad True Love Story, much of which is told through emails.

So: what technologies are going to dominate the books and movies and TV shows of 2020?

dare to make a Daniel

In a review of Patrick Deneen’s Why Liberalism Failed, Adrian Vermeule offers an alternative to Deneen’s plea for a renewed localism, and to the related counsel of Rod Dreher in The Benedict Option. Vermeule sees in a handful of biblical figures a model of civic engagement for Christians to follow:

Joseph, Mordecai, Esther, and Daniel, however, mainly attempt to ensure the survival of their faith communities in an interim age of exile and dispossession. They do not evangelize or preach with a view to bringing about the birth of an entirely new regime, from within the old. They mitigate the long defeat for those who become targets of the regime in liberalism’s twilight era, and this will surely have to be the main aim for some time to come. In the much longer run, it is permissible to dream, however fitfully, that other models may one day become relevant, in a postliberal future of uncertain shape. One such model is St. Cecilia, who, forced into marriage against her vows, converted her pagan husband; their joint martyrdom helped to spark the explosive growth of the early church. Another is of course St. Paul himself, who by the end of Acts of the Apostles preached the advent of a new order from within the very urban heart of the imperium.

Here too there is no hint of retreat into localism. There is instead a determination to co-opt and transform the decaying regime from within its own core. It may thus appear providential that liberalism, despite itself, has prepared a state capable of great tasks, as a legacy to bequeath to a new and doubtless very different future. The vast bureaucracy created by liberalism in pursuit of a mirage of depoliticized governance may, by the invisible hand of Providence, be turned to new ends, becoming the great instrument with which to restore a substantive politics of the good.

This is a powerful and in many ways beautiful vision. Perhaps the most attractive element of it, to me, is the commendation of limited goals on our part — the mere “attempt to ensure the survival of [our] faith communities in an interim age of exile and dispossession” — that may, in the providential wisdom of God, lead to something much greater: the transformation of a “decaying regime” into a “great instrument with which to restore a substantive politics of the good.” One should never expect something like that but it is meet and right to hope for it.

But I think Vermeule’s vision is missing one absolutely essential element. My question for him is: Where will these Josephs and Mordecais and Esthers and Daniels come from? People who are deeply grounded in and deeply committed to their faith tradition who are also capable of rising to high levels of influence in government and education don’t exactly grow on trees. Vermeule’s model reminds me of someone who says he knows how I can become a billionaire: “First, get a million dollars….” Josephs and Mordecais and Esthers and Daniels can indeed do great things — if we can come by them. But how are Josephs and Mordecais and Esthers and Daniels produced?

What Vermeule is overlooking, it seems to me, is the simple fact that the liberal order catechizes. One of the wings of the liberal order that does this especially effectively is graduate school. Time and again over the years I have seen idealistic young scholars-in-training say, “Oh, I don’t really believe all that stuff they try to inculcate you with in grad school; I’ll just learn the language and use it until I get my PhD, and then I’ll be free to be myself.” But then “until I get my PhD” becomes “until I get a job”; and then “until I get tenure”; and then “until I get promoted to full professor.” Sooner or later — and often sooner — the face becomes indistinguishable from the mask. And this kind of gradual transformation of personal sensibility happens in a thousand different ways, in a thousand different cultural locations.

So a key question arises: If you need people who are sufficiently skilled in negotiating the liberal order to work effectively within it, but also committed to its transformation, and who can sustain that difficult balance over decades, you have to figure out how to form such people. And it is just this that the churches of the West — all the churches of the West — have neglected to do, have neglected even to attempt. With the (in retrospect quite obvious) result: the accelerating collapse of participation in church life.

What is required, in the face of a general culture that through its command of every communications medium catechizes so effectively, is the construction of a powerful counter-catechesis. Who will do that, and how will they do it? The likely answer, it seems to me, brings us back to the very localism that Deneen and Dreher advocate and that Vermeule rejects. Though I also might reject certain elements and emphases of the communities that Deneen and Dreher advocate, I don’t see a likely instrument other than highly dedicated, counter-cultural communities of faith for the Josephs and Mordecais and Esthers and Daniels to be formed. Those who do see other means of such rigorous formation need to step up and explain how their models work. Otherwise we will be looking in vain for the people capable of carrying out Vermeule’s beautiful vision.