9/12

I didn't write anything for yesterday's commemoration.  Many others, most far better suited to memorializing the day, said a great deal.  My paltry mutterings would add little to what is, really, a personal day for most of us.  Like all the big anniversary events, the "where were you when" aspect makes it personal and maybe that's the most important part, I don't know. Instead it occurred to me to say something about the element of the disaster that puzzles most of us, even while most of us exhibit the very trait that disturbs us deeply in this context.  One of the most common questions asked at the time and still today is in the top 10 is: how could those men do that? Meaning, of course, how could they abandon what we consider personal conscience and common humanity to perpetrate horrible destruction at the cost of their own lives. The simple answer is also the most complex:  they were following a leader. I'm going to string together what may seem unrelated observations now to make a larger point and I will try to corral it all together by the end to bring it to that point. Firstly, with regards to the military, there are clear-cut lines of obligation set forth, the chief one being a soldier's oath to defend the constitution.  There is a code of conduct consistent with that and we have seen many instances where an officer has elected to disobey orders he or she deems illegal or immoral.  There is a tradition of assuming that not only does a soldier have a right to act upon conscience, but that there is an institutional duty to back that right up.  The purpose of making the oath one to the constitution (rather than to, say, the president or even to congress) first is to take the personal loyalty issue out of the equation. To underline this a bit more, a bit of history.  The German army prior to WWII was similarly obligated to the state.  German soldiers gave an oath to protect Germany and obey its laws.  Hitler changed that, making it an oath to him, personally, the Fuhrer.  (He left in place a rule explicitly obligating the German soldier to disobey illegal or immoral orders.) Unfortunately, human nature is not so geared that people find it particularly easy to dedicate themselves to an abstract without there also being a person representing it.  (We see this often in small ways, especially politically, when someone who has been advocating what is on its own a good idea suddenly comes under a cloud of suspicion.  Not only do people remove their support of that person but the idea is tainted as well.  People have difficulty separating out the idea from the person.  The reverse is less common, that a bad idea taints a popular leader.)  Dedicating yourself to supporting the constitution sounds simple in a civics class, but in real life people tend to follow people.  (Consider the case of Ollie North, whose dedication to Reagan trumped his legal responsibility to uphold the constitution and its legally binding requirement that he obey congress.) [More . . . ]

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Why do so many people hate big banks?

I have personally spoken with clients who have records showing that they have made ALL of their mortgage payments on time, yet the bank foreclosed on their home and then filed an unlawful detainer case to kick them out of their home. In two cases, the bank continued to kick the people out of the house even when the mistake was brought to its attention. We have found that, quite often, no one at the bank cares. Sometimes, not even the attorney representing the bank in court cares that there has been a terrible error made by the bank. It sounds unbelievable, but it's true. Where is the evidence that big banks break their promises, deceive mortgage customers, lose paperwork and otherwise engage in despicable behavior? Start reading this list at Consumeraffairs.com. This list contains complaints against one bank: Bank of America. Grab yourself a cup of tea before you start, because it's going to take you a long time to get through this list.

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Symbols, Fair Use, and Sensitivities

When you have a dream about an argument, maybe it has some weight and should be written about. Recently, I posted a photograph on my Google + page. This one, in fact (click on the photo for high-res version): My caption for it was “What more is there to say?” Partly this was just to have a caption, but also to prompt potential discussion. As symbol, the photograph serves a number of functions, from melancholy to condemnation. It did prompt a discussion, between two friends of mine who do not know each other, the core of which centers on the divergent meanings of such symbols for them and a question of sensitivity. I won’t reproduce the exchange here, because as far as I’m concerned the question that it prompted for me was one of the idea of “sacredness” and the appropriate use of symbols. Which immediately sent me down a rabbit hole about the private versus public use of symbols. Essentially, we all have proprietary relationships with certain symbols. Since I already posted the image, the sign of the cross is one, and not just for Christians. As a symbol it has achieved that universality advertisers dream of. It is instantly recognizable as the sign for a faith movement just about everywhere. It’s possible some aboriginal tribes in the beclouded valleys of New Zealand don’t know what it is, but on the level of international discourse it carries across all lines. [More . . . ]

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Rupert Murdoch’s corrupt tactics in the United States

Rolling Stone offers a well-written expose of the corrupt actions of News Corp here in America:

[A]n examination of Murdoch's corporate history reveals that each of the elements of the scandal in London – hacking, thuggish reporting tactics, unethical entanglements with police, hush-money settlements and efforts to corrupt officials at the highest levels of government – extend far beyond Fleet Street. Over the past decade, News Corp. has systematically employed such tactics in its U.S. operations, exhibiting what a recent lawsuit filed against the firm calls a "culture run amok." As a former high-ranking News Corp. executive tells Rolling Stone: "It's the same shit, different day."

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On the origin of goodness

At The New Yorker, James Wood raises the question, "Is That All There Is?" Here's an excerpt from his discussion:

Many people, for instance, believe that morality is a deliverance of God, and that without God there is no morality—that in a secular world “everything is permitted.” You can hear this on Fox News; it is behind the drive to have the Ten Commandments displayed in courtrooms. But philosophers like Kitcher remember what Socrates tells Euthyphro, who supposed that the good could be defined by what the gods had willed: if what the gods will is based on some other criterion of goodness, divine will isn’t what makes something good; but if goodness is simply determined by divine will there’s no way for us to assess that judgment. In other words, if you believe that God ordains morality—constitutes it through his will—you still have to decide where God gets morality from. If you are inclined to reply, “Well, God is goodness; He invents it,” you threaten to turn morality into God’s plaything, and you deprive yourself of any capacity to judge that morality.

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