Propensity to violate others – taking checks and balances seriously

April 28, 2015

Polls have found that more than 3 American men in 10 would rape or coerce a woman into sexual intercourse if they could get away with it.[i] Those findings have mostly been discussed only in conjunction with the issue of rape. But I think it has a broader meaning. I think it means that there is a proportion of people who will take advantage of defenseless others for their own benefit when they think that they can.

That creates problems in lots of areas. Like soldiers of countries that we think are less civilized then we, some proportion of American soldiers have resorted to forms of torture like waterboarding. Some go berserk, others are mean, but the misbehavior is predictable, if not who will do what. And like police of countries that we think are less civilized then we, some proportion of American police have also victimized demonstrators, people down on their luck, the homeless and racial minorities. That’s certainly not democratic policing. And it’s made worse by codes of silence in some police departments that are almost as sinister and sometimes worse than the codes among thieves.

I don’t think that most police are bad guys. But when we set things up so that people can get away with bad stuff, it is predictable that a significant proportion will. When we hand people guns and then make excuses for whatever they do because it’s a stressful job, we should expect that a significant proportion of them will do very bad things with the freedom we give them. A system of impunity encourages bad behavior. So one question is how we can set up our police forces so that policemen have the right incentives, incentives appropriate to a free and democratic country? Transparency and accountability matter.

The same is true of business, both international and local. When we take all the tools out of the hands of consumers and courts, we should expect a significant proportion of businesses to misbehave and take people for a ride, often for very dangerous rides. And in business the market mechanism can sometimes make things worse because it punishes those businesses which can’t bring their costs as low and their profits as high even when the mechanism is to take advantage of people, take their money, injure, and leave their lives in shambles. Responsible businesses need responsible regulation to keep the competition in line.

The same of course is true in politics. That’s why we value free speech so highly. But as my colleague, Timothy Lytton pointed out in a book called Kosher,[ii] a study of private marketplaces that do and don’t work, accountability depends on a sufficient number of people with intense interest in the subject, people the rest of us trust to check on what is happening, and a way to get the information out. It’s not automatic – there’s too much to know, too much work to find out.

So transparency is only the beginning. We have to have a culture in which we expect to hold people and organizations to account – without fear or favor for any of the groups and institutions that can hurt us. But in law, the Roberts Court seems to be developing the opposite – a legal culture of defenses and protections buried in contracts and doctrine. And in popular culture, stereotypes, ideology and polarization now substitute for facts. Heaven help us.

— This commentary was broadcast on WAMC Northeast Report, April 28, 2015.

[i] See Sarah R. Edwards,  Kathryn A. Bradshaw, and Verlin B. Hinsz, Denying Rape but Endorsing Forceful Intercourse: Exploring Differences Among Responders, 1 VIOLENCE AND GENDER 188, 190 (2014) available at http://online.liebertpub.com/doi/pdf/10.1089/vio.2014.0022. Though the survey size was small and localized, similar results have been reported before. See Only Psychos Think Rape is OK…Right? in Web Info on Sexual Assault and Abuse (University of Illinois at Chicago, Office of Women’s Affairs, Campus Advocacy Network), https://www.uic.edu/depts/owa/sa_rape_support.html collecting some of the studies.

[ii] Timothy D. Lytton, Kosher: Private Regulation in the Age of Industrial Food (Harvard Univ. Press 2013).


Reactions to the Charlie Hebdo bombings – Was it just about France?

January 13, 2015

In what other country do world leaders march with arms linked against terrorism? Terrorism goes on in every continent but we mourn and gather in Europe. Terrorism happens in Haifa, Jerusalem and the West Bank – in both directions – but we mourn and gather in Europe. Do we stand for a principle or is France the principle – that France cannot be touched? Or that France is in danger? But other places are in danger. For all my criticisms of Israeli reactions, they are in considerable danger as the Palestinians have been able to use Israeli reactions to the devastation caused by their own terrorism to unite much of the world against Israel. Or is there good and bad terrorism? Were the Communists right, that’s it’s all about whose terrorists are freedom fighters?

So does this lead anywhere? Is the world standing together in Paris a prelude to a principle? But where do principles lead? To more pious declarations? Pious declarations can help lead to forms of action. If the free countries of the world really wanted to solve the Israeli-Palestinian conflict, they clearly could put the screws on both sides and make a two-state solution actually happen. It’s too late to just back off and say it’s their fight and take no sides. But death there is just politics, who we stand with, not what we stand against. Letting it go on when that fight could be stopped is all about being able to use the conflict for politics, even though it is clearly spiraling out of control and enveloping us all. The conflict does no one any good except that pious declarations allowed the French to appear as friends of oppressed people without doing anything about it.

Of course we have been misplaying the Middle East for decades. We were hostile to a group of Middle Eastern leaders with real popular support because we didn’t like their domestic policies. So their peoples, or many of them, have been drawing the obvious conclusion – that their fight is international. The West doesn’t help. It just supports extractive industries and kleptocratic leaders while letting the problems of the people of the Middle East fester. Why do we expect to be free of terrorism in the West when we have a policy of supporting strong men who protect American and western business while raping their peoples and otherwise blessing all the nonsense they commit at home?

I find myself continually drawn to Pogo’s remark, “We have met the enemy and they is us.” All over the globe we have fought against peoples and leaders who try to take care of their own people. Leaders who try to provide for their own. We have had a part in displacing liberal leaders in Latin America, Africa and Asia because they really tried to make things better for their countrymen.

We who grandly tell the world about the virtues of self-government, and tell the world that our internal policies are none of their business, because we govern ourselves, do the reverse because we have the muscle.

I was struck by a statement by Chris Giannou on Alternative Radio who remarked that the world, including the Muslim world, “love you for your values. They hate you for your hypocrisy.”

Values are powerful until we compromise them with war, torture and indiscriminate killing as if the peoples of the Middle East are just there for us to play with.

— This commentary was broadcast on WAMC Northeast Report, January 13, 2015.


Should we care about the fate of prisoners?

March 11, 2014

Should we care about the fate of prisoners?

A number of listeners have been raising that question in the wake of WAMC reports of lack of medical care in prisons, and my support for Cuomo’s position about educating prisoners.

Let’s assume that we don’t care about them at all. But we care about us. So what is the effect on us of what we do to them?

Actually the implications are huge. Read the rest of this entry »


Dr. Said and the Struggle Against Torture

August 13, 2013

A meeting of former Peace Corps volunteers in Boston closed, as do many meetings, with an awards ceremony. We gave a standing ovation to Dr. Mohamud Sheikh Nurein Said from Kenya. Dr. Said had dedicated much of his career to helping the victims of torture, working with the International Red Cross as well as Kenyan organizations, and as president of the International Rehabilitation Council for Torture Victims. Read the rest of this entry »


Follow

Get every new post delivered to your Inbox.

Join 254 other followers