Tag Archives: human rights

The Maldistribution of Security: the (In)vulnerability Paradox

This post is inspired by a short conversation I had months ago about climate change. It went something like this:

  • Hello passerby, do you want to learn more about sustainability?
  • Passerby: why yes, I am very interested in that topic. I always keep a clean house, I compost so I don’t waste food, I ride my bike as much as possible, and I use organic products, so I am definitely living sustainably.
  • Me: that’s interesting and very commendable! Have you thought about how you can contribute to the cause?
  • Passerby: well, I feel like I’m doing everything I should, and if everybody lived the way I do, we’d all be better off, but I can’t tell other people how to live. Besides, all that stuff about climate change just doesn’t seem to be based on fact.

Since ‘the great hunkerdown’ began, I’ve been thinking about this point of view alot. I see similar, if more extreme, ideas being circulated in the media. There’s an invisible line drawn between ‘my world’ and ‘what I’m responsible for’ and ‘the world of others’ and ‘what they are responsible for’. An individualistic approach to problems is our reflexive reaction in the Anglo settler countries of the developed industrialized world. Individualistic liberalism dictates that the line of ethical responsibility for others is determined by each person, as they make free decisions based on their own values and interests.

There’s something to be said for the power of this idea and its influence on liberal culture. After all, it is liberalism which first originated the modern language of rights and constructed a political space for imagining an ethic of agency which has been highly effective, at least within its own parameters.

It is appropriate to imagine that collective problems can be solved by individual action, indeed it is difficult to imagine how any progress can be made absent people ‘buying in’ to it, for example by changing their own consumption patterns.

Those countries around the world that ignored individual freedoms in favour of panicked enforced lockdowns in response to the pandemic will likely pay a high price in legitimacy, which will be costly in the end. Those countries that have enjoined their populations to ‘do the right thing’ have implicitly drawn on people’s genuine fears of their own contagion rather than a commitment to civic duty.

In the developed world, we should all pay deep respect and homage to the Italians for their sacrifice in helping us to learn that we were vulnerable. However, those countries that have relied almost exclusively on fears, without any reference to civic duty, have fared even worse than Italy, because in a liberal culture the absence of a sense of civic duty means that individual freedoms end up trumping everything else. Now more than ever, the paradoxical nature of individual freedom, based on a confident sense of security and separateness, is being laid bare.

It is liberalism which first originated the modern language of rights and constructed a political space for imagining an ethic of agency which has been highly effective, at least within its own parameters.

The gaps and limits of liberalism are being made visible, even obvious, as the logic becomes extended to its absurdities and extremes. Why not me first? Why care about others, isn’t that their job? My house is in order, I am healthy, I am reducing my footprint, I’m doing the right thing, I’m not the threat, why do I have to pay a price?

A really clear gap of liberal culture as it lives today, is its lack of any distributional ethics. Liberal thinking is essentially blind to the question of how security, or any other value, should be distributed. Since the only value worth distributing is individual freedom, and the only way to measure it is by each persons’ values and preferences, there is little to no room for considering exactly how equitable social distribution might actually work to enhance individual freedoms. The idea that each person’s freedom will be enhanced when decisions are made equitably, with the collective interest in mind, is alien and foreign.

The passerby who cares deeply about the cleanliness of her own household, and believes she alone deserves the benefit of her efforts, is blind to the myriad ways in which her choices are supported by the collective decisions of the past (and the present) that have made those choices possible. Indeed, the entire institutional structure of individual choices enjoyed today by those who most strongly defend their ‘freedoms’ has been made possible by the collective decisions of societies in the past (not by individuals). Ultimately, in history, it is only collective action that lasts, since the length of individual lifetimes is too short for leaders to see their ideas become permanently embedded. Thatcher had it exactly wrong: it’s not that there is no such thing as society, in the end there is only society.

Ultimately, in history, it is only collective action that lasts, since the length of individual lifetimes is too short for leaders to see their ideas become permanently embedded. Thatcher had it exactly wrong: it’s not that there is no such thing as society, in the end there is only society.

The cracks in this edifice are showing. The maldistribution of security, including the inequitable distribution of (in)vulnerability, is becoming glaringly obvious. The invisible line between ‘immunity’ and ‘vulnerability’ is being revealed for what it is: a collective construction. Immunity/vulnerability is a paradox. Immunity is always dependent, derivative of the vulnerability of and to others. The confidence in individual choice that liberalism empowers is at its core a function of the maldistribution of social vulnerability. Immunity can never be ‘just for me’ if it is to be a real thing and not an illusion or myth.

My protest to be mask-free is predicated on the existence of modern medical knowledge, nurses, doctors, and ventilators which can catch me if I fall. My resolve to open my business profitably is predicated on the willingness of customers to take risks AMA (against medical advice). All of this means that I have to be very strident to convince enough of the community to my side if I’m going to make a go of it.

My sense of safety in my own home, my ‘home immunity’ is predicated on the risks and vulnerability of service workers, first responders, grocery clerks, truck drivers, payroll clerks, meat plant workers, sewage workers, and an army of government employees. My insistence that I am only responsible for my own house is predicated on the edifice of social protections that society has established collectively. This edifice includes the effort and sacrifice of climate activists who may eventually contribute to finding a collective solution to the threat of climate change without my help.

If and when solutions are found, as a liberal focused on the ethics of individualism, I would have no qualms in making a claim for the immunity created by the vaccine for myself and my household. Similarly, I would have no qualms about defending my right to enjoy the benefits of a livable planet, including my freedom, as long as someone else pays the price. The question is, would anybody care enough about me to listen?

Should Lakes have rights? the intrinsic value of the nonhuman world (talk)

About how law can borrow from the language of human rights to foster greater respect and protection for the intrinsic value of the nonhuman world.

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Should Lakes Have Rights? The intrinsic value of the nonhuman world

In the community I come from, life centres around Okanagan Lake. The Okanagan Valley is a spectacular vista of rounded hills, distant mountains, sparkling waters, and a unique ecosystem for human and non-human life to adapt and thrive.

Despite its apparent permanence, the Valley and the Lake are fragile and vulnerable ecosystems experiencing accelerating pressures from unsustainable patterns of settlement, travel, and economic development. The Valley is vulnerable to insect damage, invasive species, extinctions, drought, fire, flooding, and water contamination. Virtually all of these threats arise from human activities in one way or another.

Looking at it from a birds’ eye view, the Valley is a whole ecosystem, yet the laws that govern it, and those that determine its future, are piecemeal. As I have written before, movements to protect the Valley and the planet can build on holistic thinking using the political and social revolution in human rights. ‘Rights language’ can be used to transform the current framework of laws, policies, and decision making procedures that govern development.

The Valley is a whole ecosystem, yet the laws that govern it, and those that determine its future, are piecemeal.

The progress of human rights is one of the most vital political stories of human history. The broad recognition of rights has a natural logic of expansion and consolidation. Progress comes in waves and is often beaten back by counter-movements, nevertheless, rights language often reemerges in new clothes when violations are at their worst. Violence and abuse trigger a reaction toward conscience and care, and new rights become recognized and affirmed following the worst atrocities.

What does ‘rights language’ bring to environmental causes that other arguments may overlook? Arguments from science, expertise, economic interest and values are sometimes disembodied, ephemeral, remote. An appeal to ‘rights’ triggers foundational debates: the questions become fundamental to identity and society because many rights are enumerated and protected by constitutional law, and because Canadian society has made a point of ensuring that people know and understand what rights are.

As Canadians we also understand that rights have intrinsic value. Most agree that we would prefer to live in a society that recognizes and respects rights, rather than one that does not. While we may not all comprehend the statistical probabilities of climate models or the technicalities of a carbon tax as a policy instrument, we understand ‘rights’. They are a thing. Rights are personal.

Rights are powerful because they are inherently subversive and simultaneously affirming. Raising an issue of water as a right raises questions about the status quo. What are all of the ways that water is freshened, used, transferred, polluted, and acted upon? It prompts rethinking the economic premises of water management. Rights language also prompts us to recognize the intrinsic value of existence. In other words,the recognition of a right elevates the ethical value of a rights holder in the view of the government and society. For example, the right to exist is one of the most fundamental rights possible. A right to exist implies the logical necessity of respecting that existence by not threatening or undermining the integrity and dignity of the rightsholder.

While we may not all comprehend the statistical probabilities of climate models or the technicalities of a carbon tax as a policy instrument, we understand ‘rights’. They are a thing. Rights are personal.

Rights language is also ethical and cultural. The current imbalance between human development and natural protection, evidenced by the global scale of pollution, is at least in part a product of the tendency to view nature in purely instrumental terms. In Western cultural constructions, nature is inert, a dumping ground for human wastes, or a storehouse of potential resources ready for extraction. Nature has not even been seen as a player in the cycle, much less as a rights holder.

The degradation of nature is simultaneously and unavoidably the degradation of humans. Since nature is a closed system, wastes and depletion will circle back to impact human welfare. The Anthropocene is signalling not the supremacy of humans over nature, but rather the exact opposite: the re-embedding of humans back into nature. We are now as much a product of our own activities as we are of natural processes. The world is now fully ‘human’ in at least one sense: the fates of human and nonhuman alike are interlaced in a way not seen before in history. Human and nonhuman fates are planetary in scale.

Restoring balance means revisiting the roots of the gap between humans and nature, the original split that divided the world and made degradation possible, and even celebrated it. That split is symbolized in three ways: 1. the assumption of anthropocentric dominance, 2. the neglect of nature’s intrinsic value, and 3. the separation and distancing of humans from the ecosystems that sustain them (both physical and psychological) .

Flickr user Jeffery Simpson

Laws and politics have tended to wipe nature out of the ethical universe by limiting legal standing to parties with property interests. In other words, the legal conversation about value, loss and damage takes place only among those who are deemed to have an interest, namely, property owners. Even the representation of the public interest is narrowly circumscribed by the necessity of showing direct property-like profits or losses, rather than a public interest in a long-term trust relationship with nature.

While present and recognized in law, the notion of a public trust has not proven to be an effective shield against destruction in the long term, primarily because it can always be trumped or replaced by a new property claim. In addition, property claims are themselves partial since they divide nature up into parcels of utility based on their value to particular property interests. Sky, land, water, and underground are all seen in terms of different types of access, use, and ownership rights.

Solutions to this problem already exist in law, but they are currently found only in isolated and disjointed legal opinions and cases, both locally and around the world. Recently the question of nature rights has risen in prominence in political discussions, partly due to the rising awareness of the planetary nature of environmental damage being experienced in the Anthropocene, and partly due to the increasing recognition of indigenous rights and the distinctly contrasting worldview of nature that such rights represent.

The Whanganui River decision in New Zealand, the rise of Buen Vivir in Ecuador, the Ganges decision and others are pushing back against the notion that nature is nothing more than property, sink, or resource. At the heart of this counter-narrative is the recognition that humans and nature are together, with common fates and interests, and that the inclusion of nature as member of the human family, worthy of respect, care and affection, is essential to human survival. This is represented by indigenous worldviews in varying ways around the world and set down in the UN Declaration of the Rights of Indigenous Peoples as well as many other international legal declarations and treaties. Both humans and nature have a right to exist, what is needed (even if it is a first step) is the recognition and affirmation of these new rights in politics, law, and development planning.

This is no small thing, so what are the problems? One may object to the recognition of nature as a rights-holder on various grounds. One objection is that extending rights to nature means the diminution of existing human rights. However, this is not a new argument. This argument is familiar to historians, who documented them in response to the expansion and extension of rights to slaves, women, unpropertied males, and ethnic and religious groups. In every case the historical extension of rights did not result in the reduction of existing rights protections, but instead allowed for the more fulsome exercise of existing rights. This is because the pattern and framework of rights growth reinforces and legitimizes that a universe of moral beings and rights holders exists and is deserving of respect.

Another objection is that nature rights are expensive. Indeed, it is hardly arguable that valuable social and political goals are costly. The question of how to pay for rights has rarely been a strong argument against the recognition of rights, however. Few would argue today that the cost of freeing slaves, or protecting children from abuse are not worth the price of rights enforcement. As well, the social, political and even economic benefits of rights recognition spill over into remarkable new avenues of growth and development. Protecting the right of the lake to flow, to provide recreation and fish and a rich environment has immense economic benefits that should also be taken into account when considering the balance sheet of rights recognition.

Finally, a last objection is that recognizing the rights of a lake necessarily undermines the value of other beings who may be more ‘appropriate’ or ‘deserving’ of rights due to their similarity with or affinity for humans. Why should lakes have rights that are not extended to whales, elephants, monkeys or dogs, all of whom demonstrate more ‘human-like’ characteristics such as family relationships, intelligence, and emotions and feeling? What about microbes or farm animals? What about Mars or the moon or other distant territories? Why lakes and not mountains, or deserts, or garbage piles?

These are all valid and complex issues which should be deliberated and which will likely be decided and come before the courts in the next few years. Awareness is growing about how humans and nonhumans should be governed in a truly planetary ecosystem. It’s important to keep in mind that rights recognition is about governing human action, limiting and allowing different kinds of human interaction with the nonhuman world.

Such rules governing human interactions with the nonhuman world already exist, whether they are laws against animal abuse, or rules about mountain climbing or fishing or logging or nature reserves. The issue is that these rules are currently one-dimensional, shaped disproportionately by property and the need to prove an interest in that property. The rules are insufficiently permanent and not based on inter-generational ethics, and they rely on an out of date worldview of nature, one that is amply demonstrating its failures to protect humans and nature every day.

Rights recognition is about governing human action, limiting and allowing different kinds of human interaction with the nonhuman world.

Rights for lakes will help the larger conversation about how to move beyond the exclusiveness of property, to recognize the limits of the planet and the power of nature to act on human societies. Rights for lakes will reiterate the intrinsic value of the nonhuman world. They won’t solve every problem, but not much can be started without them.

Further Reading:

6 Questions for the Social Academic Disciplines after the US Election

Its been a tough time for practitioners of what I’ll call the Social Arts & Sciences, and for analysts  of political affairs. For example, reputable pollsters were totally wrong in predicting the election of 2016, pretty much destroying any confidence in the utility of analytical methods like survey research. Of course, most consumers of polling data can’t be expected to know the difference between the use and interpretation of quantitative data for research, and the kinds of reckless extrapolation that posed as expert and authoritative analysis leading up to the election.  So, it seems that social scientists have some tasks to do. As a community of thinkers and teachers about social affairs, the Social Arts & Sciences have a unique set of tools for understanding world events that can shed light on important questions. Like any tool, the value of analytical methods is only as good as the use they are put to.

Illuminating who we are as social beings, and why we do what we do, can bring improvements to our shared experience by enabling changes in social behaviour through learning, but only if done carefully and deliberately, and with a great deal of humility and caution.  I’d suggest these following lines of inquiry, but what I can’t do is help sounding like a stuffy, elitist, out of touch intellectal to some.  This is an occupational hazard, but one I’ll have to live with. Sorry about that. Here are some lines of inquiry suggested by recent events:

1. Political Science

Ok this one’s mine.  Please, political scientists, explain clearly the difference between democracy and liberal democracy.  Liberal democracy is a paradox, since the rule of law and constitutional protection of human rights necessarily limits democratic rule. Another way to think about it is that minority protections make democracy possible by ensuring that the people do not abuse their power, and in the process, potentially vote themselves out of power.  Law needs democracy and democracy needs law. They are inextricably bound together.  The rights of minorities are integral to the maintenance of democracy, not an add-on that can be jettisoned in the name of the majority or for the sake of convenience. Protecting minority rights is what enables democracy to function, and to sustain itself. Compromising minority rights inevitably compromises democracy itself.  Protecting minority rights protects everyone.

While we’re at it, please explain what polls actually measure, what they don’t measure, and what their limitations are (and I don’t mean margin of error). Everyone: (yes that means you)…I’m sorry, but you have to take statistics.  We all did it, so you have to too. There.

I’m throwing questions about the Electoral College to the historians.  It makes no sense.

A bonus suggestion for Philosophy:  help everyone understand paradoxes better.

2. Gender and Womens’ Studies

I would like to understand better the dynamics of ‘alpha male’ social behaviour.  I don’t even know if that’s a thing, but it kind of looks like what we’ve been observing. If I’m wrong, can you please school me in another way of understanding why so many thinking, otherwise respectful people (men and women both) willfully compromise themselves and their values when faced with powerful but flawed male figures?  An extra job for sociologists: help us truly understand the centrality of identity to pretty much everything.

3. Psychology

Following the 2008 economic crisis, a new subfield of Economic Psychology flourished to help explain why otherwise rational actors made irrational decisions, even against their own interest, and under what circumstances.  I think we need more of that.  Can psychology help us understand  more about the dynamics of voter decision making,  the processes of skapegoating, and the emergence of in-group and out-group division?  What is the role of emotion as a motivation for decision making?   We know that strong emotion can interfere with rational decision making,  but how might this dynamic work at a community level?

4. History

Please keep telling analogous stories from the past to help give context to the problems of the day.  Each generation still generates its own version of problems and solutions, but if people saw their issues as common and not unique, they might be better able to think creatively about how to apply the wisdom of the past to the present.  Also, please focus as well on the peaceful, constructive periods of history where nothing much happened.   The boring bits are what we can learn from.   As well, can you please help us understand better what happens during times of accelerating and rapid change so societies can learn to be more adaptive?  I have a feeling we’re going to need that.

5. Communications

Ok so you’ve got lots of work ahead…..propaganda has gone viral, driven not by large organizations but by individual users.  Consumers are now transmitters.  Conversations are immediate and global.  Has the speed of communication outpaced democracy?   Please talk to the psychologists about the effects of this on thinking, can we know more about how our social lives and worlds create our  reality?

6. Artists and Writers

Please keep reminding us what it’s like to be someone else.  Touch our hearts with stories of people and places different from our own experiences, so that we can develop empathy and awareness, even for a minute.  Teach the teachers how to convey this effectively. Educate all of the social scientists about the importance of empathy to learning and growing and advancing knowledge about the world and ourselves.  Ultimately, this is the only way humans truly learn.

When States Fail Humanity: Distance, Strangers, and The Home Analogy

Middle East

The hearbreaking image of a drowned toddler on the shores of Europe reminded us all of the responsibilities towards others on this planet.  Human ties towards distant ‘others’, however, have historically been loose and fickle. Only rarely do people feel closely committed to the needs and troubles of others beyond their immediate family. Distance usually decreases empathy.  One of the reasons that states appeared was to deliberately overcome this innate human tendency to prioritize close relatives over strangers.  If human settlements were going to work, large communal groupings required closer ties among people who did not interact daily on a face-to-face basis.  To accomplish this, national groupings took on the trappings of families (the ‘motherland’, ‘fatherland’, ‘homeland’) and encouraged people to imagine the state as their proxy family writ large.

However, creating states to bond national groups together had a counter-effect, it created a new category of humans: outsiders and ‘others’ who were encountered only when travel (either by explorers sent out from the homeland or migrants coming in) brought them together.  Today, states have created an elaborate edifice of laws, institutions, informal rules and practices to help them classify and categorize how ‘strangers’ are treated. Partly, these rules have emerged from historical experience and are particular to individual societies.  For example, the European memory of the mass starvation and refugee crises following World War II has shaped the image of what a refugee is today.  Ultimately, because European states had an inordinate influence on the creation of global order in the post-War era, European ideas have heavily influenced international laws. A ‘refugee’ is a classification of people distinct from a ‘migrant’ in two main ways:  1. a refugee has rights to legal process, material support, and protection in the country they are seeking asylum; and 2. a refugee has the right to not be forcibly returned to their country of origin.

Today, states have created an elaborate edifice of laws, institutions, informal rules and practices that help them to classify and categorize how ‘strangers’ are treated.

However, states have jealously guarded their own rights to define someone as a citizen or to keep them out of the national family.  In doing so, states have created legal categories that make no sense when applied to real humans, because states’ rights and human rights conflict.

BarbariansThis background helps us to understand more clearly the landscape of political arguments going on now around migrants, as well as the ways in which the rules are being interpreted and applied.  It also allows us to recognize the limitations of these rules, in particular the ways in which these rules have arbitrarily divided humanity into categories that systematically de-humanize them and construct them as ‘strangers’, outside of the ‘families’ created by states.  The insistence on the application of these rules by state leaders reveals their emptiness.  Insisting that migrants register in the first country of arrival, that they be registered in order to apply for further transit, and that they somehow demonstrate and document that their movements are involuntary, are levers designed to ensure that they remain outside of the national family, not that they be embraced by the protections of refugee law.  Insisting that the solution to the problem is to ‘solve the Syrian conflict’ or ‘eliminate ISIS’ is similarly meant to distract from the fact that migrants have already waited 4 years or longer for the world to do something to help them, and that many thousands of refugees remain in countries closer to their countries of origin in the hope that they may be able to eventually return.  Some of these host countries, including Turkey, have been unwelcoming and hostile to their presence, driving them further afield to find sanctuary.  The insistence that migrants be prevented from ever settling in their countries of refuge ignores the legal invocation that they not be refouled back to danger.  The legal distinction between ‘economic migrants’ and ‘refugees’ is increasingly nonsensical, and the insistence on respecting it only reveals the arbitrariness of the categories.

In light of these realities, it is amazing that some have now decided to re-invoke humanity and the home/family analogy, and have even opened up their homes and lives to help strangers.  The defeat of the

The legal distinction between ‘economic migrants’ and ‘refugees’ is increasingly nonsensical, and the insistence on respecting it only reveals the arbitrariness of the categories.

Harper government in Canada is a rebuke of a legislative program designed to reinforce categories of separation and exclusion, to invoke tribalism in the legal guise of statehood. It is understandable, if not totally forgivable, that this welcoming comes late, and that it comes only with the ever-closer proximity of the suffering of others. Maybe that’s the best that humans can do.  However, states are another matter.  States are created by humans to encourage the compassembrace of strangers into a larger family. The next step is to build on the initiatives begun by states to encourage the expansion of the national family and to begin to challenge the arbitrary categories that divide humanity up.  The human willingness to challenge the separation created by distance has communicated empathy throughout the state system.  What remains is to communicate this to states in the future through new laws that strengthen human ties rather than state rights.

How Individualism Fails Young People

In contemplating the ‘crisis’ in youth voting and the abject failure of Canada’s political system to engage with young people, I’ve been drawn back to political philosophy and the ‘big questions’ of political life, freedom, and rights.  Remembering my own university days, I recall with fondness and even excitement the mass mobilization of workers, young people, and politicos against BC’s program of Restraint (we’d call it austerity today) in the 1980s. The Solidarity movement in the province took its cue from Polish workers’ unions’ resistance against communist domination, and the coalition formed in opposition to right-wing restructuring in BC culminated in a series of strikes and actions that potentially would have affected all sectors of the province.

Monuments in North Korea
Political debate in Western countries has been set up as an individual vs. group battle.

It’s hard to imagine such a movement today.  The causes that appeal to young people today, including diversity and identity acceptance, marijuana, GMOs, and a free and open internet, are not trivial or unimportant, but they don’t lend themselves to mass action, and maybe that’s on purpose.

In Western liberal culture, people tend to be predisposed to individualism. Individualism is an idea or approach to political life in which each person is deemed to be rational and free to make their own choices. In taking on board issues like marriage equality and GMO labeling, young people are following this individualistic script.

The idea of the rational and free ‘masterless man’ (and to the extent that rationality was associated with masculinity, a man it most likely was) emerged as an icon during the European Enlightenment, where it was a revolutionary idea. Medieval thinking drew upon an organic and hierarchical vision of social life, in which the focus was on individual responsibilities to the social order.  Identities and consummate freedoms, both of nobility and commoners, were always circumscribed by the demands of prescribed social roles.

Since the Enlightenment, almost all political debate in Western countries has been set up as an individual vs. group battle, with ‘freedom’ almost always associated with individual choices, and restrictions on freedom seen to emanate most centrally from the state.

The arguments of those on the side of the common or social good almost always had to concede that some (individual) freedoms had to be curtailed to be able to fulfill the larger social goals.  Rather than being able to make a positive case for the social good,claims for group rights had the onus of proving the necessity of deviating from the default of individualism.

Young woman sleeping on bed in student dorm, head resting on books
Group advocates have sounded like your Auntie’s voice chiding you to grow up and act responsibly.

Even worse has been the tendency to associate rationality with individuals, and irrationality, or emotion, with the mass and the group (or the mob).  People who follow groups, by extension, are irrational or driven by emotion. Our tendency is to re-imagine all social relationships in terms of the individual vs. group battle which shaped Western perceptions since the Enlightenment. But what if the individual vs. group tension is less of a battle of opposites and more of a continuum?

Today, young people emerge into Western culture with an elemental awareness of the importance of individualism in their lives. Parents prepare their children to be rational, self-governing individuals, conscious of their power and freedoms and willing to take on the group in the name of justice and individual freedom. It is necessary to equip young people with the words and ideas of individualism not just to protect them in an individualistic culture, but also to protect individualism as a value in and of itself.  Without the inculcation of individualism into young people, the fear is that freedom will be lost to future generations, and the oppression and irrationality of the group will win out. In Western culture, we believe that young people need individualism to understand themselves as free people.

But individualism fails to deliver the freedom it promises.  By understanding only the individual as the free unit, and not the group, we fail to protect and preserve freedoms for everyone.   Having been told all of their lives that their fates are their own, that responsible and committed people will be able to succeed, and that protecting one’s own freedom of choice is paramount, young people eventually discover that their lives are largely determined by hierarchies, that responsibility and commitment do not necessarily create success and may even be punished, and that exercising their own freedom of choice individually is a limited and essentially hollow way to find fulfillment.

Chairs and people seated
Individualism as a social norm and as a model for communities is empty.

Psychologically isolating and materially disempowering, individualism as a social norm and as a model for communities is empty.  It impoverishes democracy by discouraging social action, it reduces political life by disparaging the community, and it enables and empowers the abuses by the powerful by attributing success to individual rather than social factors. In addition to doing all of this, individualism also leaves young people vulnerable to attacks by the state.  The Harper government’s efforts to impose stricter penalties on young offenders, to impose mandatory minimums in criminal law, and provincial governments’ efforts to defund education have been met with almost no active resistance by the youth demographic.

The point is not to return to an organic and stable view of social order as the highest value, as it was practiced in the Medieval era, but to reject the false dichotomy of individuals vs. groups, and to recognize that communities are the source of both individual freedom and the pursuit of the common good.  To advance a notion of free societies, it is sometimes necessary to question the idea that individual choices are the only way in which freedom can be exercised.  Freedom is also exercised when communities choose together, deliberately, to pursue common goals and purposes. Indeed, similiar things have been said by many ancient philosophers to be the truest expression of freedom.

How to Follow the News: 10 Rules of Thumb

After following the news for many years and thinking about world events, I’ve been able to observe some things about news gathering. I’m an advocate of reasoned and dispassionate analysis based on information, but it can be hard to be impartial when so much of the news today is biased one way or another.  However, I don’t believe that reasoned thinking about international events is incompatible with advocacy.   The strongest and most defensible points of view are those that are supported with evidence and with thoughtful and informed reasoning.  Sometimes, though, it’s hard to be informed when the media obscures the truth.  The rise of the internet has not made it any easier.  In fact, speculation and accusations are given even a wider audience when things go viral.  So, here is some advice, feel free to take it or leave it, and try to keep an open mind.

  1. There are angels and devils on both sides, but this doesn’t mean the claims and arguments of both sides are morally equivalent.

In the aftermath of rage over the killing of 3 Israeli teens, many Israelis protected Arabs attacked by crowds on public transit.  Many Palestinians have worked inside and outside Israel for peace and understanding between the two sides.   Ordinary people on both sides want the same things everyone wants:  a chance to live peacefully, make a living, and enjoy some freedom.  Nevertheless, the costs of the long conflict have not been borne by both sides equally, and this reflects the large power imbalance between the two sides. This imbalance should be a factor when deciding one’s view.   Here is an analysis that puts this conflict in context, and considers the ethical arguments.  Here is another.

2. Real life events are [almost] always more complicated than they seem.

Folly, lack of foresight, incompetence and brutality can produce unexpected outcomes for all sides.   Indeed, the last few months have seen an unprecedented array of crises emerging in a variety of global locales.  In a highly competitive market, so-called ‘hard reporting’ has been replaced with shallowness at best, and inflammatory styles of reporting at worst  One consequence is that there are few able to offer a strategic analysis of a event.   One must often wait, or dig deeper, to get a better understanding of the big picture.  Try to find out about what happened in the immediate weeks prior to the event, or read about the country and regions involved to get a sense of the context.

3. People and systems are distinct things.

Individuals, whether in a leadership position or not, develop cognitive frames over the course of their lives to understand the world and their position in it.  Both people and systems will actively protect those frames, but systems take much longer to change course, partly because they are supported by longer generational memories. Systems are more permanent, and every system demands allegiance, but be careful not to identify individuals as symbols for systems, they are not the same thing.  People behave differently in a group than they do as individuals.

4. Sometimes good people do bad things, and vice versa.

Beware of the ad hominem argument.  An examination of the actor is often insufficient to explain any given behaviour or action.  A given actor usually cannot be reduced to a single bad (or good) decision.

5. Opportunism is far more common than planned conspiracies.

It is almost never good strategy to organize and plan an attack on one’s own people in order to gain sympathy.   The risks of discovery are high, and the results can backfire.   For example,  some explanations of the Odessa event of May 2nd 2014, in which dozens were killed in street clashes between pro-federalist and nationalist forces in Ukraine, strain credulity by claiming ‘agent provocateurs’ were responsible.  Similarly, Prime Minister of Israel Benjamin Netanyahu tried to paint a negative view of the opposition by stating that: “Hamas wants civilian casualties”.   Be skeptical of such oversimplified characterizations and convoluted theories. Recognize that different sides will opportunistically use images to elicit anger and sympathy for their cause.   Have anger, and have empathy.

6. People don’t like inconsistencies, but these are frequent and often deep in human events.

Cognitive dissonance is a psychological state that happensPhilosoraptor when information is contradictory. Individuals often go to great lengths to overcome  the discomfort, including ignoring contradictory information, oversimplifying the facts, and narrowing the frame of reference.  Try to recognize these strategies in yourself and others. Try to become comfortable with contradiction, blurriness, messiness, and complexity.

7. Every report becomes part of a track record, don’t forget the past.

Don’t base your decision on a single report, study, or bit of information.  Compare today’s headlines with those of the past. Don’t forget when today’s reports conflict with those of yesterday. Follow stories that are given less attention, so you will know more about them.

8. All sides will try to appeal to emotions.  Beware of manipulation.

The internet and television news are eminently malleable, with out-of-context quotes, selective information, and even photo manipulation. Watch for terms like “appears to be” and for leading questions that raise doubt or provoke.   Think about what the media is choosing to focus on when preparing a story. Consider the effect of the format and phases of revealing a story.

9. Look deeply, look widely, and compare reports from a variety of sources.  Look for hard evidence, not eye witness accounts.

Personal interviews are a mainstay of video reporting.  They are ALL edited, and eye witnesses, even when sincere, are unreliable.

10. Beware of appeals to authority.

Even those with inside knowledge, high levels of education, and recognized credentials can sometimes lie.   People can also be mistaken in their facts and biased by their education.   Human Rights Watch, Amnesty International, and other UN agencies have long established track records and can generally be trusted when other sources are more questionable.  However, they are also not infallible.

 

The Sources of Inequality: Why Globalization Matters

1Photo Credit: Rangan Halder 500px “Materialism Versus Materialistic Capture” http://500px.com/photo/8540236

In his speech to the Rock ‘n Roll Hall of Fame, Chairman of the Council of Economic Advisers Alan Krueger offered up some food for thought regarding the sources of inequality in American society, and globally. Krueger focused on four factors that help to explain income inequality: technology, scale, luck, and the erosion of social pressures for fairness. In this post, I want to focus on scale, and I’m going to also refer to the Atlantic’s reprint of the key points of Krueger’s talk to expand on a factor that Krueger mentions but does not develop in enough detail, in my view: globalization.

The authors discuss the music industry as an example. As they point out, the music industry creates a ‘star economy’ focused on a few ‘winners’ or ‘stars’ who are able to drive growth in the system. The ‘star economy’ in music has produced a skewed income curve. If you look at incomes across the industry, the greater benefits are concentrated at the top. However, if one considers not just the artists (who are essentially the workers producing the product) but the entire ecosystem of label CEOs, CFOs, managers, R & R people, the marketing department, etc. then one gets a better idea of the scope of the real economy of music. In fact, music industry bloggers and observers have been criticizing the inequality in the music industry for a long time: As Bob Lefsentz points out in a recent post, the corporate labels, the entertainment mega-giants like Sony and Universal, are the real structural beneficiaries of the sharper inequalities imposed upon all musicians, just as the fat cats in the garment or manufacturing industry are the real beneficiaries of inequality in those economies.

The power of the music industry has grown in lock-step with globalization, offering command of larger and larger shares of music consumption. The incomes of the music industry managers have survived the recent purge caused by the technological challenges. They have survived for a reason: it is their machines that generate the wealth, rather than the luck or talent of the artists. Ultimately, as Krueger suggests, ‘luck’ and the perception of popularity have a huge impact on success in the music industry, but ‘luck’ is not some impartial uncertain or random arbiter of fortunes, since success comes through the perception of popularity, which is heavily influenced by these industrial complexes.

As Salganik et. al. have discovered through experimenting with a controlled ‘music market’, social perceptions of the popularity of songs increase the degree of inequality among them (although they don’t make it any easier to predict success). Frankly, no matter the uncertainty caused by the internet or disruption of the industry by downloading, any artist that can command the attention of the marketing machine and the vast resources of a label can succeed beyond their wildest dreams through these social effects. Many high-quality and deserving artists don’t succeed, while a few poor quality and undeserving artists succeed beyond their wildest dreams. Youtube doesn’t ‘make’ you a star, but the attention that Youtube brings can make you popular. Attention from the music elite (increasingly, from successful artists) or from a label with a hyper-marketing machine behind it makes you a star, since you can then marshal the resources necessary to maintain that attention.

Globalization has had one important impact on the 1% that should not be downplayed: it has vastly expanded the freedom to disengage from local economies and impose conditions upon all other economic activities. What matters is the decisions made by the elite to affect the market, and these decisions are not based on luck, fairness, or even on quality. In political science this is termed ‘structural power’: the ability to not only win the game, but to affect the rules of the game for all other players. The inequality of today arises from specific decisions made by earlier masters of the universe in the 1980s to protect the interests of their class. Krueger hints at some of these decisions in his article: the demise of labour unions, the deliberate erosion of the minimum wage policy, and changes to taxation. These factors cannot be explained by the impartial workings of a global market or by luck, rather, these are conscious government policies aimed at expanding the scope and freedom of movement for the wealthy.

I would allow that there is some room in this analysis for what might be termed ‘unexpected’ consequences in the form of a severe recession and political backlash against perceived unfairness. Krueger’s analysis seems to suggest that the erosion of a social commitment to fairness in income distribution is some kind of ephemeral byproduct of historical forces and global and cultural change. However, I would argue that society has always appreciated the importance of fairness. Indeed, when elites overreached in their efforts to influence the public’s perception of fairness, it created the present global backlash and protests against inequality.

Given the true nature and extent of the cultural power that elites have garnered over the last 50 years, their expectation of being able to manage the change to a more unequal society was not unrealistic. And they may still succeed! Leaving out the element of cultural power, and the broader impact of corporate globalization and the effects of structure, neglects one of the key explanations for the continuation of inequality. The perception that success comes from luck or from effort, and not from the structure, is central to the perception of inherent fairness in the system that allows inequality to persist.

So, Krueger’s piece gives us much to think about: technology, scale, luck and the erosion of fairness have played their parts in the rise in inequality. I would put the focus on scale and the rise of globalization, which has fundamentally altered not only the rules for economic acquisition, but also the rules for social, political, and technological relationships. The change in these rules has helped to produce the profound social and economic inequalities we see today.


The End of Impunity: Two Pathways to Justice

No Mubarak Egypt Uprising Photo Feb 2011 by Takver (Flikr)In Egypt this past summer, former president Hosni Mubarak and former interior minister Habib El-Adly were sentenced to life in prison for complicity in the murder and attempted murder of protesters in the 2011 uprising that removed Mubarak from power. In Liberia, Charles Taylor was convicted of war crimes and sentenced to 50 years for aiding Sierra Leonean rebels who raped, maimed, and murdered tens of thousands of civilians (Harper’s Weekly Review June 4th, 2012). In March 2012, the International Criminal Court delivered a guilty verdict against Thomas Lubanga Dyilo, who was found guilty of the war crimes of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in the Democratic Republic of the Congo between September 2002 and August 2003. At present, the ICC has publicly indicted 30 people, and has proceedings ongoing against 24, including against the top five members of the Lord’s Resistance Army in Uganda, including Joseph Kony, for similar crimes.World1

With human rights increasingly in the news, and the activities of multilateral agencies like the ICC at the forefront, it seems that two distinct pathways to criminal justice for egregious violators of human rights are now becoming evident. In the first pathway, former heads of state are held to account using the bodies of law of the country they once led. Under this pathway, the process can yield successes (as in the case of Mubarak) but it also has flaws. Judges appointed by the former leader may be reluctant to apply the rule of law, or, alternatively, too severe outcomes can actually undermine the rule of law by placing the whole process under suspicion. This is especially true if the society has a history of sectarian violence. In the latter case, for example, I’m thinking of the sham trial of Saddam Hussein following the US invasion of Iraq, which probably set back the rule of law in that country by decades and opened the door to a vicious sectarian war. It should be noted that until recently, with the establishment of the ICC as a legal body, national prosecution of such cases was, essentially, the only available route to justice.

The ICC was established to fill a gap in international human rights law that addressed some of these flaws. The gap lay between the politics of sovereignty and the universal laws of human rights. But the ICC was to be derivative of sovereign law, a supplement, and decidedly not a force for subversion or displacement of national bodies of law. Far from it. International law steps in where national law and politics fail, but fail first they must. It is through this pattern of repeated failure that the full justification and realization of the importance of the ICC to the system of sovereign law will emerge. For this reason, it is entirely wrong to criticize the ICC as toothless or helpless in the face of national power. It also entirely wrong to criticize the ICC for overstepping sovereignty The body of law upon which the ICC draws is the logical and reasonable outgrowth of sovereign law itself. For this reason, every case brought to justice by the ICC strengthens, not weakens, the force of sovereign law to protect human rights and bring violators to justice. Even though there are two pathways to justice, they are heading in the same direction, towards a world where violators will have nowhere to hide with impunity.