"Nobody cares what you think" is something they drill into you in law school, but sometimes I find myself wishing that it was taught to everyone, aspiring lawyer or not. Of course, much of the time it's used to correct the speech habits of students preparing for their first year moot, when prefacing any statement with "I think..." is just a bad idea anyway. But the true significance of this idea is subtle, and may take several years to sink in.
It doesn't mean that no one wants to hear what you have to say. It means that whether or not you believe what you are saying, and how strongly you believe it, is of no relevance. What your audience cares about is whether or not there are good reasons for them to believe it. In the practice of law, especially, your actual opinion doesn't matter, because you might well believe your client is probably guilty, but your job is not to decide that, but to advise the court as to the best arguments available for why there's a reasonable doubt.
I've had the opportunity to judge some junior high school debates, and find students very often falling into a similar trap. A speaker would stand up and deliver an impassioned speech starting out with "We strongly believe that the proposition must stand!" This is silly, because we know very well that in the next round, the very same speaker will be emphatically stating how strongly they believe the very same proposition must fall. And so the point here is the same as the one in law school: nobody cares what the speaker believes; we want to hear the arguments for why we should believe, preferable arguments we haven't considered before.
I was recently reminded of this lesson on a message forum I frequent. We had been discussing some topic or other, the death penalty, I believe, and had gone on for some five or six pages of posts arguing about whether or not capital punishment is cheaper than life imprisonment (it's not, when you take into account the appeals process necessary to make sure we don't execute someone innocent). And then, of course, after all this lengthy and thorough discussion, someone joins in posting his opinion that we shouldn't waste money on keeping these monsters alive in prison, and should just shoot them.
Obviously the poster hadn't read any of the thread, and was unaware or just didn't care that his arguments had already been presented and dissected in fine detail. No, he just wanted to tell us what he thought, sparking a new round of debunking the same old arguments. But why would anyone care to know that he, this anonymous person on the internet out there, happens to hold a particular and demonstrably common opinion? We aren't voting on it. We don't know him, we don't have any reason to be affected in any way by the fact that he holds or does not old that view. What we want to know is if there are good reasons why we should share that view. And if he'd taken the time to peruse the thread rather than boldly announcing his not-at-all unusual perspective, he'd know that the arguments he brought to bear were old news to the participants.
Now, it's not necessarily true that no one cares what you think. Some people probably do, and of course when we're voting on something, what each person thinks is aggregated together to give a result. And when you're planning a dinner party, it's good to know what each guest's culinary preferences are. But most of the time, it's a good guiding principle to bear in mind that the mere fact of your preferring A over B is of no value to anyone but you.
Maybe we've been thinking about this the wrong way. An assortment of idle and not-so-idle thoughts on law, philosophy, religion, science and whatever else comes up.
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Monday 20 August 2012
Sunday 12 August 2012
Guns Don't, People Do.
There are all sorts of arguments for and against legal restrictions on gun ownership, but one of the more disturbing arguments I hear from time to time is the one that certain Americans raise: that an armed populace is the best defence against a tyrannical government.
Now, I don't mean to reject that entirely, because certainly there have been many tyrannical governments overthrown by force of arms throughout history. And there are instances where armed citizenry have made it difficult or even impossible for foreign powers to invade and occupy a country. A realist must recognize that there is a role for weapons and violence in this world, if only because others give them a role. I certainly understand the sentiment (misattributed to Thomas Jefferson) that it is better for government to fear the people than for people to fear the government, though I disagree very much: it is fearful governments that are the most dangerous to their people. (More on that in a later post, I expect; I've been meditating again on the nature of fear quite a bit since this Officer Wawra story broke.)
But this whole approach to combatting government tyranny is doomed, because it buys into Mao's famous dictum that political power grows out of the barrel of a gun, and that view of power is at the core of tyranny. One can imagine (or at least fantasize about) a benevolent tyranny where those with a monopoly on lethal force wield it with benign restraint and only for our own good, but tyranny is tyranny is tyranny.
No, the answer to tyranny is not force. The truly revolutionary development that has lead to the spread of liberty was not the idea of arming the populace. There was nothing at all new about that; weapons have existed in private hands far longer than we've even had governments. The really important change has been the growth of the rule of law, the idea that people have rights and that disputes should be settled according to generally accepted universal principles rather than the personal preferences of any individual.
This is much more than simply an idea that people hear about; there's probably no society without at least the idea of rules. What matters for the rule of law to take root is for enough people to genuinely embrace the concept, and to agree to abide by rules even when it is not in their immediate interest to do so. And of particular importance is that the people with the guns firmly adhere to this principle. That's why the militaries of developed countries are ultimately under lawful civilian control, and have such strict disciplinary systems in place.
It's a subtle idea, and while it's well-established here, its grip is always a bit tenuous. Sometimes it's counterintuitive, as when we extend legal protections and due process to the nastiest of criminals. Sometimes it's just inconvenient, like when we stop for a red light at 3:00 a.m. and there's no one else on the road. But the fact that most of us usually obey the law for no other reason than that it is the law is the core of what protects us against tyranny. A tyrant can only become a tyrant if people obey him, and in a rule-of-law society, unlawful commands tend not to be obeyed.
So the thing to do is to be ever vigilant against attempts to shape the law to the purposes of the tyrant. That means engaging in the political process, arguing and advocating and talking and listening, and steadfastly rejecting coercion. In other words, guns don't protect us against tyranny; people protect us against tyranny.
Now, I don't mean to reject that entirely, because certainly there have been many tyrannical governments overthrown by force of arms throughout history. And there are instances where armed citizenry have made it difficult or even impossible for foreign powers to invade and occupy a country. A realist must recognize that there is a role for weapons and violence in this world, if only because others give them a role. I certainly understand the sentiment (misattributed to Thomas Jefferson) that it is better for government to fear the people than for people to fear the government, though I disagree very much: it is fearful governments that are the most dangerous to their people. (More on that in a later post, I expect; I've been meditating again on the nature of fear quite a bit since this Officer Wawra story broke.)
But this whole approach to combatting government tyranny is doomed, because it buys into Mao's famous dictum that political power grows out of the barrel of a gun, and that view of power is at the core of tyranny. One can imagine (or at least fantasize about) a benevolent tyranny where those with a monopoly on lethal force wield it with benign restraint and only for our own good, but tyranny is tyranny is tyranny.
No, the answer to tyranny is not force. The truly revolutionary development that has lead to the spread of liberty was not the idea of arming the populace. There was nothing at all new about that; weapons have existed in private hands far longer than we've even had governments. The really important change has been the growth of the rule of law, the idea that people have rights and that disputes should be settled according to generally accepted universal principles rather than the personal preferences of any individual.
This is much more than simply an idea that people hear about; there's probably no society without at least the idea of rules. What matters for the rule of law to take root is for enough people to genuinely embrace the concept, and to agree to abide by rules even when it is not in their immediate interest to do so. And of particular importance is that the people with the guns firmly adhere to this principle. That's why the militaries of developed countries are ultimately under lawful civilian control, and have such strict disciplinary systems in place.
It's a subtle idea, and while it's well-established here, its grip is always a bit tenuous. Sometimes it's counterintuitive, as when we extend legal protections and due process to the nastiest of criminals. Sometimes it's just inconvenient, like when we stop for a red light at 3:00 a.m. and there's no one else on the road. But the fact that most of us usually obey the law for no other reason than that it is the law is the core of what protects us against tyranny. A tyrant can only become a tyrant if people obey him, and in a rule-of-law society, unlawful commands tend not to be obeyed.
So the thing to do is to be ever vigilant against attempts to shape the law to the purposes of the tyrant. That means engaging in the political process, arguing and advocating and talking and listening, and steadfastly rejecting coercion. In other words, guns don't protect us against tyranny; people protect us against tyranny.
Sunday 5 August 2012
The Good News about Bad News
Marshall McLuhan famously remarked that while we don't know who discovered water, it probably wasn't the fish. I want to say something about the good news that we don't notice in the background of horrible events such as the shooting in Aurora last week, because we are so deeply immersed in the good news that we don't even recognize it as significant.
The good news is that these shootings are news at all. We are shocked and horrified and saddened by these events, and rightly so, for they are shocking and horrifying and sad, but we are also shocked because they are, for the most part, unusual. True, they happen much more often than we'd like; every few months some pathetic loser thinks he can bring meaning to his life through some spectacular orgy of violence. But that's not really so often, when you think about it on a global scale. It's rare enough that it makes the news if it happens anywhere in the developed world.
Think what things were like a thousand years ago. Whole villages were massacred in Viking raids, but the news spread slowly, and even if there had been a global satellite network to share information instantly around the world, it wouldn't have been broadcast anyway, because no one cared. It wasn't news, anymore than a fatal car accident in Toronto attracts the attention of strangers in Buenos Aires; they have their own fatal car accidents to be worried about. "A village 20 miles away was slaughtered in a raid? Oh, yeah, that happened to my cousin six years ago." And compared to the level of violence that was commonplace in those days, for 12 people to die in one incident would have been quite unremarkable, except perhaps to those who actually knew any of the victims.
Even a hundred years ago, violence was far more common than it is today. Less than that, even; I happened to catch a snippet of an old Flintstones episode where Fred was trying to bully Barney into going along with some scheme or other, menacing him with a fist. I was actually a little shocked; our cultural sensitivities towards casual violence have changed so much.
We no longer accept violence as an appropriate way to resolve our differences. Well, that's not completely true; we still glorify it in TV and movies, and people talk about how they'd love to punch or shoot some person or other, but for the most part, we reject it as a dispute resolution mechanism. If you have a problem with someone today, you are expected to talk it out, resolve it peacefully, and if that fails, sue. In the past, however, violence was viewed as a perfectly natural and even appropriate way of getting what you wanted. Not getting enough from farming, fishing and hunting? Well, raid a neighbouring village or tribe.
To be sure, there are still lots of people who resort to violence. But the spectacular shootings that make the news every so often have a different kind of motive. These are not people robbing banks or trains, trying to take economic resources by force. These are typically dissatisfied and unfulfilled losers looking for fame and notoriety. They want to be able to think of themselves as important and powerful, and I suppose they want our help and that of the press to reinforce that. But the point here is that shocking acts of violence get them that attention, and why? Because violence is no longer commonplace; it is rare enough today that it actually does shock us.
That is the good news. This kind of violence happens in part because other kinds of violence don't happen so much anymore. In a way, it's a symptom of success. Human society may always have some level of violence, and if we're getting to the point where some of that violence is due to the very fact that we find violence unusual, I think that in the big picture, that's something to be thankful for.
But it can be better. I think that if we were to recognize violence not as something evil, scary and mysterious, but perfectly mundane and distasteful, we could remove some of the reason for this kind of shooting. Decent people will handle feces if they must (changing diapers, cleaning up after a pet, maintenance of plumbing, etc.) but there's nothing mysterious or heroic about it, and we all try to avoid it as much as possible. Someone who runs into a movie theatre and flings poo at the audience is not viewed with awe as a supervillain, but with contempt. If we could somehow replace our fear of violence with contempt, then maybe these attention-cravers will find a more constructive way to get their fifteen minutes.
The good news is that these shootings are news at all. We are shocked and horrified and saddened by these events, and rightly so, for they are shocking and horrifying and sad, but we are also shocked because they are, for the most part, unusual. True, they happen much more often than we'd like; every few months some pathetic loser thinks he can bring meaning to his life through some spectacular orgy of violence. But that's not really so often, when you think about it on a global scale. It's rare enough that it makes the news if it happens anywhere in the developed world.
Think what things were like a thousand years ago. Whole villages were massacred in Viking raids, but the news spread slowly, and even if there had been a global satellite network to share information instantly around the world, it wouldn't have been broadcast anyway, because no one cared. It wasn't news, anymore than a fatal car accident in Toronto attracts the attention of strangers in Buenos Aires; they have their own fatal car accidents to be worried about. "A village 20 miles away was slaughtered in a raid? Oh, yeah, that happened to my cousin six years ago." And compared to the level of violence that was commonplace in those days, for 12 people to die in one incident would have been quite unremarkable, except perhaps to those who actually knew any of the victims.
Even a hundred years ago, violence was far more common than it is today. Less than that, even; I happened to catch a snippet of an old Flintstones episode where Fred was trying to bully Barney into going along with some scheme or other, menacing him with a fist. I was actually a little shocked; our cultural sensitivities towards casual violence have changed so much.
We no longer accept violence as an appropriate way to resolve our differences. Well, that's not completely true; we still glorify it in TV and movies, and people talk about how they'd love to punch or shoot some person or other, but for the most part, we reject it as a dispute resolution mechanism. If you have a problem with someone today, you are expected to talk it out, resolve it peacefully, and if that fails, sue. In the past, however, violence was viewed as a perfectly natural and even appropriate way of getting what you wanted. Not getting enough from farming, fishing and hunting? Well, raid a neighbouring village or tribe.
To be sure, there are still lots of people who resort to violence. But the spectacular shootings that make the news every so often have a different kind of motive. These are not people robbing banks or trains, trying to take economic resources by force. These are typically dissatisfied and unfulfilled losers looking for fame and notoriety. They want to be able to think of themselves as important and powerful, and I suppose they want our help and that of the press to reinforce that. But the point here is that shocking acts of violence get them that attention, and why? Because violence is no longer commonplace; it is rare enough today that it actually does shock us.
That is the good news. This kind of violence happens in part because other kinds of violence don't happen so much anymore. In a way, it's a symptom of success. Human society may always have some level of violence, and if we're getting to the point where some of that violence is due to the very fact that we find violence unusual, I think that in the big picture, that's something to be thankful for.
But it can be better. I think that if we were to recognize violence not as something evil, scary and mysterious, but perfectly mundane and distasteful, we could remove some of the reason for this kind of shooting. Decent people will handle feces if they must (changing diapers, cleaning up after a pet, maintenance of plumbing, etc.) but there's nothing mysterious or heroic about it, and we all try to avoid it as much as possible. Someone who runs into a movie theatre and flings poo at the audience is not viewed with awe as a supervillain, but with contempt. If we could somehow replace our fear of violence with contempt, then maybe these attention-cravers will find a more constructive way to get their fifteen minutes.