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Friday, April 30, 2010

Notes on Equity of Judgment

“Equity is the most fundamental among human virtues. The evaluation of all things must needs depend upon it....
“Observe equity in your judgment, ye men of understanding heart! He that is unjust in his judgment is destitute of the characteristics that distinguish man’s station.”

——Gleanings from the Writings of Bahá’u’lláh

I am reminded of a time not too long ago.

There was an occasion when there was a fellow from some Tea Party protest at some strip mall. The owner of the place was by-and-large unconcerned with the political views expressed, but was mindful of the disposition of his patrons. The Tea Party gathering was allowed to continue, provided they not become too disruptive, and the security kept an eye on them there.

Then one fellow got the idea that he’d like to have a burger, so he went over to a sidewalk café there-- just one lone fellow, no milling about. The problem is that he was wearing a t-shirt that said, “Give me Liberty-- Not Obama.” The security people came over to talk to him about it, and asked if he would turn his t-shirt inside out while he remained at the establishment, so as not to offend the other diners. He refused, and was subsequently arrested.

The big to-do was all about some peaceful citizen exercising his right to assemblage, when all of a sudden some jack-booted Nazi rent-a-cop comes over and waylays the guy.

But from my view, I can see that the owner of this shopping center has rights. The patrons are there as guests. When you get right down to it, each of the businesses there are as well.

But most of the people didn’t see it that way.

I took a lot of heat over that.

Because it wasn’t a Tea Party gathering at all, you see. This was a protest against the war in Iraq. It was a mall in Long Island, and the fellow was Don Zirkel. He was 80 years old and in a wheelchair, so (as the argument goes) he is free to do whatever he wants and any action from the authorities to modify the unabated expression of his freewill is particularly egregious.

The t-shirt had two words on it-- “Dead” and “Enough,” and there were the death tolls for the American soldiers there as well as the Iraqi civilians. There were three large red splotches made to look like blood on this shirt. The thing was intended to be shocking and provocative.

But because this is all about the Iraq War, then anyone that didn’t take exception to this action by the security officers was supposedly all sorts of morally corrupt, as well as mentally incompetent, etc.

Back then, everyone believed that as soon as a Democrat would come into office, someone would walk over to him and hand him a magic wand, which he would wave around a few times, and then all of a sudden all of the servicemen in the Middle East would magically reappear state-side, just fine and dandy. They knew it so much, it didn’t do much good to tell them otherwise. Anyone (like me) that might have the audacity to say, “You know, you’re probably going to be needing a bit of a position on something, other than just being against the Iraq War, in order to govern,” was just laughed off. (This was well before the big health care debate, btw.)

And wouldn’t you know it, now these same people find it particularly amusing to go around referring to the Tea Party activists as “tea baggers.” I just find it sad that so many would take such great pleasure in being so blatantly juvenile (my feelings toward both sides).

It reminds me of the saying that a communist’s greatest fear is that other communists who are his enemies will come into power.

Those people didn’t hate Geo. W. Bush, no matter how much they may say so. They may disagree with his policies, but really, in their hearts, they want to be just like him.

Now, in this particular instance that I refer to, there was some fellow, well-known for being a half-cocked loudmouth, that made some outrageous statement that Armani’s had pulled out of a deal to open a store at that mall because of the treatment of this poor, poor Iraq war protester.

It sounded like a bunch of crap to me. A lie well-received is a lie nevertheless.

So, I called the mall, and spoke to the people in the office there (the leasing office is located elsewhere, and yes, I did speak to them too). No one knew anything about an Armani’s.

So I called an Armani’s out on Long Island. They told me that there were only two Armani’s on all of Long Island, and there weren’t any plans to open another one. I suppose there’s only so many $400 pairs of slacks that can be sold to one population group (that's a sale price from the outlet mall, btw).

So, I call the guy on it. “Look, you’re lying.”

Of course, this makes me the bad guy.

I happened to tell the truth in a place where the truth was unwelcome. I have a way of doing that. It’s a curse that has followed me all of my life.

To be fair, Georgio Armani is very active in relief efforts for refugees. He also has a really big hotel in Dubai. But I don’t think the man got where he is by making business decisions flying off the cuff, or on something as inconsequential as the arrest of some war protester. It takes a lot of money and a lot of planning to open a store of any kind. There’s a lot of research that goes into it. And although I may be incorrect in my assessment, I feel inclined to give Mr. Armani a bit of credit here-- I don’t think the man’s a dumb-ass.

But some people feel inclined to believe that I’m a dumb-ass that they can tell any wild tale to, and I have an obligation to buy into it, or I’m a bad guy.

Sometimes I would rather be the bad guy.

I can live with myself a lot better that way.

And now, I would like to call your attention to that little scrap of scripture at the top of the post; to two phrases in particular. Take a few moments and consider, if you will, what exactly is “man’s station,” and what manner of things might “distinguish” that? And what do you suppose it means to be “destitute of [those] characteristics?”

7 comments:

Madcap said...

Yes, amen. I've been especially noticing this in the religio-political sphere lately (watching Americans, since we Canadians are awfully apathetic and lukewarm about politics... and religion for the matter...).

Anyway, people who consider themselves radical conservative Christians, who would lay down their lives to save a fetus, etc. etc., and yet say the most vile things about Obama. Like they figure that God made itty-bitty humans, but obviously washes his hands once they hit their first birthday. And GBW is some kind of saviour.

And Democrats who seriously equate GWB with incarnate evil, but excuse their own political leaders all kinds of scandal.

Eh? Actually, I've been thinking a lot about this lately, how Americans seem to gravitate to fanaticism and fundamentalism of all sorts. It's kind of foreign to us up here, since even in "redneck" Alberta, people are comparatively polite and restrained.

Civility and fairness.

I'm also thinking about a passage from the O.T., and I'm too lazy to look it up, but I think it's in Isaiah...

"Let justice roll on like a river, righteousness like a never-ending stream."

The Bible isn't one of my guiding lights any more, but there are some really good bits, huh?

lindsaylobe said...

Equity is inherent in legal principles in jurisdictions following English Common Law as Equity Law can override Statutes in circumstances where the application of the Statue is considered unfair. We frequently meet to think about equitable courses of action or individually endeavour to achieve that perceived result.

Plato proposed good and evil were matters of knowledge so that a person armed with that knowledge could act morally. His somewhat flawed conclusion however has a helpful aspect to it since seeking more information allows one to become much more aware of the effect on others of any proposed actions to prompt a more equitable decision. Aristotle’s idea of equity as a virtue was to talk about someone being willing to forgo their full entitlement under the Law to accommodate another’s unforeseen apparent equitable right. Consequentialism is a more modern way of trying to ensure the equitable rights of others are included having due regard to all of the consequences. But in every case in such philosophical meanderings the relative natures of subjective judgments comes to force since what might be considered equitable by some in some quarters might not be the case in others.

Best wishes

Mercutio said...

"Americans seem to gravitate to fanaticism and fundamentalism."
I can see how one could easily come to that conclusion; but the questions remain of to what extent, and why. And a part of this, surely, is the concept of "The enemy of my enemy is my friend;" when, in fact, such an arrangement is very improbable. It is quite likely that common goals would be shared even among enemies. It's really a logical fallacy, that Not-A equals B; and true enough that a great many Americans do seem to fall for such sloppy rationalizations.
But Americans are not the only ones, surely; as we see also the awarding of a Nobel Prize to Paul Krugman and Barrack Obama (the one undeservedly, and the other prematurely). And this complicates any enquiries as to the how much and why (on my part, at any rate).

But first, let us start with that this is certainly not all Americans, but rather a sizable segment.
That said, Americans, by and large, have engendered a voyeur society where people place great stock in vicarious experience. As a result, virulence is often taken for substance, and caricature often takes precedence over character. A nuanced view doesn't so often give the sharp sound bite that people want so desperately. A line of thought longer than what might fit on a bumper sticker is difficult for some to follow.

As for civility and fairness, I am very sorry to say that these things have become quite discounted in value. You can see this in political dialogue as well as the hip-hop culture, both of which reflect society rather than direct it. By way of contrast, in Canada, The Trailer Park Boys are buffoons to be laughed at; in the US, they might well win Senate seats. In general, we have a way of aggrandizing the base and roguish; Tony Soprano, Eminem, Marilyn Manson, Michael Savage.
It reminds me of a column written by Geo. F. Will a number of years ago (he does write something good every once in awhile), where he was bemoaning the loss of virtue in American society. His position was that virtues had been supplanted by values. While virtues are immutable goals which must be worked toward, values come quite easily, and practically any hedonistic belief can be upheld as a value. I see that, quite clearly.

There are indeed many good parts to the Bible. I like the Proverbs most of all myself. I like how the Proverbs presents things as choices rather than as commands.
I am reminded of a line from Stephen R. Donaldson's "The Power that Preserves," where the character, Foamfollower the giant, says:
"Verily, hunger is like wisdom. Perhaps it is a good thing, but who would willingly partake of it?"

Mercutio said...

Hello, Lindsay.
I was wondering about the application to law myself.
If the law is a thing which is an end in itself, then the only manner in which the law might ever be improved in any way is in its greater observance.
If the law has an aim which is its true goal, then it might be improved in any manner in which that true goal may be more fully attained.
That is, is the law perfectly aimless, yes or no?
In my experience, while everyone would say, 'No,' when questioned in regard to the law as an abstract, the proper answer in specific cases, for all the world, appears to be 'Yes.'

I do remember that portion of The Apology where he asks, "What man would willingly do evil?" But really, it seems more important to me (and this is only a matter of perspective), the passage, "Those who do evil tend to do so to those near at hand."

But certainly, the point that equity of judgment could well be colored by cultural variances is well taken.
I am considering the matter.

Mercutio said...

I have considered the matter, and the two are not the same.

Certainly there are things, like the disposition of property in an inheritance, which are subject to wide deviations according to cultural variances; but there are also a great many things which are universal in nature.
The Virtues Project began by examining major religions of the world to see what they might have in common. There were 56 virtues found which are common to all. Of those 56, there is no deviation.

At issue are those judgments lacking in equity, and specifically those in which the facts are discarded in favor of regard of the personalities involved. Such a system of morality might well be codified in the words, "It depends."
Is lying wrong?-- It depends entirely upon who it is doing the lying.
Is it wrong to steal?-- It depends entirely upon who's doing the stealing.
Is promiscuity permissible?-- It depends entirely upon who it is being promiscuous.
And so on and so forth.

What this indicates, more than anything else, is a lack of maturity. There is currently a series of commercials running for a bank, and the blurb is, "Even kids know what's fair. Why don't banks?" And children do know what is fair, by the age of 5 or so. But somehow, on the way to adulthood, there are a great many who would unlearn such a thing; or more precisely, their application of it is rather selective.

Consider the vitriolic rhetoric directed at the Pope. The Pope hates women, because he doesn't want them to have an abortion. But then, if he hates women so much, then why is he so intent on seeing to it that more are brought into the world? He's definitely working against himself if there is any truth to it. But even were the Pope a medical doctor, his assuming the position of Pope would indicate that he is a spiritual advisor, and that his medical practice has been suspended. And yet some would struggle with being able to differentiate the one from the other, when, by all purposes, it would appear readily apparent.

And this is at the heart of the degradation of civility and fairness noted earlier: that immaturity has become celebrated. If you watch some program on entertainment news that profiles the ongoing dramas of the lives of celebrities, I'm sure you will find several examples of this.
I suppose a part of this is the process of normalization to the outlandish.
It is indeed a rather odd polarization.

lindsaylobe said...

Because of the relevance I thought you may be interested in the history of Canon Law in the Catholic Church distinguishable from Ecclesiastical Law primarily concerned with liturgy over which it takes precedence where the two overlap.

Canon Law also provides for dispensations or departure from accepted rules where because of individual circumstances applications are considered unfair or unjust.

Canon law’s history dates to the first few centuries of Christendom which gave rise to the Canons (rules) which became disseminated into universal rules under Ecumenical Councils and profoundly influenced the general law in Catholic countries in the Middle Ages. Due to the disinterest of the Royal Courts - particularly in relation to citizen’s equity in property rights- the Church Courts assumed the role of administering justice.

But today some consider the 1,752 individual canons contained in 7 books of Canon Law no longer to be relevant due to the protection afforded citizens under the existing comprehensive legal system of justice. Further modification or even replacement by way of a Constitution is mooted with the church to become more reliant on the general law and to communicate matters of importance with communiqués or encyclicals.

Plato thought the key virtues were wisdom, courage and moderation to conclude they came together to form a 4th virtue he called justice which he asserted arose from knowledge of the previous 3.

But Plato wasn’t correct- we have plenty of examples of immoral decisions by those who have knowledge to know better and we know gaining more knowledge will nor necessarily follow on with morality. Agreeing on the 51 different virtues as you mentioned also does not necessarily lead to morality either - but it may help in raising awareness which could lead to improved outcomes and provide a good starting point to working more effectively.

Although virtuous citizens might disagree about the application of the law as it concerns them as is accepted in the West, Chinese thought will often assumes a virtue is to be selfless – even to the extreme of martyrdom.

Beat wishes

Mercutio said...

That is very interesting, Lindsay.
If I understand this correctly, then canon law holds the same relation to ecclesiastical law as does common law to statutory law?

I happened on this, which I thought would be good to share. It's a post from the League of Ordinary Gentlemen about Plato's Gorgias and its application to the current Levin/Manzi debate (which concerns climate change science).
A few choice excerpts here:

"Socrates claims... that an orator is actually more persuasive before an ignorant audience than an expert because they have the same level of knowledge as the crowd- none. Gorgias claims a rhetorician needn’t have any special knowledge, beyond rhetoric....

"Socrates does not think oratory is an art at all. He makes an important distinction between
techne (art or skill) and empieiria (a knack)....

"Politics is no laughing matter to Socrates: an orator who leads us to false knowledge isn’t just screwing with us; he’s fostering disproportionate desires in us that are damaging to our soul....

"The appeal of the panderer is that he allows us to both take part in the search for truth and be reassured that everything we think is right. He does a great performance of sincerity....

"In this, the panderer is a bit like the psychopath- he mimics human interactions with the intention of manipulating others to his own ends....

"The problem is that you can’t embrace the con without embracing the contempt....

"The problem is the cross-odds: the Expert uses debate as a means of arriving at truth, but the Orator uses debate to persuade others of their position, regardless of its truth....

"There really is a scale of value, after all. There are higher things and lower things, which can be measured in the soul."


Please pardon the extended excerpts, but this is the kind of boring stuff that gets me really excited.