Crimes, Misdemeanors, and Legitimacy Crises

Fresno Bee, March 25, 2023

Trump and Putin cases put justice systems under stress tests

The law is a human creation. It works best when we all believe it is fair. But the legal system is a limited and imperfect tool for achieving justice. This past week, stories involving Vladimir Putin and Donald Trump remind us that “the rule of law” is limited by political power. In both cases, we’ve heard the phrase “no one is above the law.” But that is an aspiration, not a fact.

Consider the indictment of Russian president Vladimir Putin for war crimes. The International Criminal Court in The Hague claims that Putin is responsible for the crime of unlawfully deporting Ukrainian children to Russia. Putin is likely responsible for a variety of other war crimes. The United Nations has accused Russian forces of war crimes including killing noncombatants, rape, and torture. The U.S. has made similar accusations.

But the ICC cannot go to Russia and arrest Putin, bring him to The Hague, and put him on trial. The jurisdiction of the ICC is not recognized by Russia. Nor is it recognized by the United States, China, or Ukraine. The court is basically powerless to bring to justice any war criminal from those countries. This shows us how far away we are from a global system of criminal justice that would promote world peace.

As the Ukrainian tragedy unfolds, a comedy plays out in the U.S. starring Donald Trump. Trump warned he would be indicted in New York this last Tuesday for paying porn star Stormy Daniels to stop claiming she had an affair with him. The GOP candidate for president called for his supporters to protest and “take our nation back.” In his all-caps rants on Truth Social, Trump claims that the justice system is run by “animals and thugs” and “racists” who let “murderers, rapists, and drug dealers walk free” and who are “purposefully destroying our country.”

In response, barricades were set up around the Manhattan courthouse, the D.A.’s office, and around Trump Tower. And then, nothing happened on Tuesday. Perhaps the D.A. flinched. But the fact remains that Trump’s strategy is to discredit the entire legal apparatus.

And yet, there is the risk of this American comedy devolving into tragedy, if Trump is indicted. What if Trump refuses to appear in the Manhattan court — a court whose legitimacy he rejects? What if his supporters surrounded Mar-a-Lago trying to prevent him from being arrested and extradited? And what if Kevin McCarthy, the speaker of the House, joined Trump at Mar-a-Lago? McCarthy has also accused the Manhattan district attorney of “an outrageous abuse of power” in the porn-star case. What then would Florida governor Ron DeSantis do? Would he refuse to extradite Trump?

These what-ifs may seem unlikely. But after the Jan. 6, 2021 riot at the U.S. Capitol, these things are not unimaginable. And it’s not only Jan. 6 that exposes the fragility of our system. Many Americans seem to agree with Trump’s basic complaint that the American justice system is unjust.

On the left, critics complain about police brutality, racial profiling, racial disparities in sentencing, and white supremacy in the criminal justice system. On the right, critics complain of a “weaponized” FBI, maintaining that the U.S. Department of Justice has tyrannized the “patriots” of Jan. 6. Trump has also claimed that the Manhattan D.A. — who is Black — is racist against him, while suggesting that the Federal DOJ is a “Department of Injustice.”

Our domestic distrust and polarization runs parallel to the problem with Putin and the ICC. Russia and the U.S. refuse to recognize the ICC. And in the U.S., leftists and Trumpians each question the legitimacy of the American system. But systems of justice do not work if there is no agreement about the impartiality and jurisdiction of the courts.

This crisis of legitimacy is dispiriting if we believe in “liberty and justice for all.” Of course, the law has never been perfect. The legal system is a human creation, built out of crooked timber. It depends on the good will of legislators, judges, lawyers, cops and citizens.

History reminds us that when good will is lacking, these systems fail and collapse. These are cynical times. But it’s still up to “we, the people” to fix what is broken and imagine how we might create fairer, and more universal systems of justice.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article273527440.html#storylink=cpy

Deep fakes, AI, and the need for ethical supervision

Fresno Bee, March 19, 2023

In the era of deep-fake videos, tech companies must not dismantle their ethics teams

Someone forwarded me a story about Microsoft laying off its ethics team. My first thought was “fake news.” It’s surprising to learn that Microsoft even had an ethics department. It’s even stranger to hear that the group has been disbanded at a time when technological innovation is getting wild.

These are the days of deep-fake videos, internet trolls, and artificial intelligence (AI). And so, in chasing down this story, I used my best internet skills. I checked multiple sources. I refused to believe websites I had never heard of. Eventually I found a report on Popular Science. A reporter there named Andrew Paul explained, “This month saw the surprise dissolution of Microsoft’s entire Ethics & Society team — the latest casualty in the company’s ongoing layoffs affecting 10,000 employees.”

The article explains that the Ethics and Society team once had 30 members. It was reduced to seven people in 2022. And now it is gone. The article notes that Microsoft still has a department of “Responsible AI.” That led me to search Microsoft’s website for the Responsible AI department. There I discovered a number of documents and reports based on the following six principles: fairness, inclusiveness, reliability and safety, privacy and security, transparency, and accountability. It’s reassuring to see that Microsoft has this guidance in place. But one wonders how humans are administering this, as personnel are being cut.

Anyway, I recount how I tracked down this story as an example of online critical literacy. You need to actively search for information, rather than letting it flow into your feed. You should check multiple sources, rather than relying on the first click. Double check URLs to make sure they’re not phony. Seek legitimate sources in mainstream or legacy media. Corporate documents, policy statements, and legal filings are also useful. And legitimate sources of information typically include an author’s name.

Of course, it requires effort and experience to sort things out. It helps to understand that the internet, in all of its tainted glory, is as much about making dollars as it is about making sense. Websites want clicks. They entice with spicy stories and sexy pictures. Algorithms force-feed us stories and images. Search engines profit when we click.

There is money and mayhem to be made online. So, you should enter that space with a suspicious mind. Don’t take anything at face value.

This is especially true as AI and deep fakes become better. I discussed the challenge of AI in a previous column. Here, let’s consider deep fakes.

Two recent deep-fake stories are worth considering. In one, students made a deep-fake video of a school principal uttering a racist rant that included threats of violence. In another, actress Emma Watson’s face was turned into a sexualized ad for an app that could be used to, you guessed it, make deep fakes.

In the first case, it is easy to see how deep fakes could be weaponized, as a fake video could be used to discredit an enemy. In the second case, the goal appears to be to allow for customized pornography, where any face could be “swapped” into a porn video. In the first case, yikes. In the second case, yuck.

One solution to this problem takes us back to the ethics teams at big tech corporations. Now is the time to build these teams up — not tear them down. These groups should be monitoring content and establishing norms and guidelines for the use of technology. Beyond that, we need a full-fledged movement for better education about media literacy, critical internet usage, and respectful community standards for the online world. And lawyers and legislators need to regulate and litigate.

Someone said recently that the internet broke our democracy. It is also possible to imagine how deep-fake technology can break people’s hearts. But this kind of damage can be prevented with ethical guidance, wise legislation, and human ingenuity.

I look forward to reading future stories about the expansion of ethics teams at tech companies. Maybe someday there will be college majors and high school classes in critical thinking and the internet. Of course, when I run across these stories, I’ll double and triple check them to make sure they are not fake news.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article273252600.html#storylink=cpy

Artificial Intelligence, Authenticity, and the Soul of Writing

Fresno Bee, March 5, 2023

Maybe I wrote this column. Maybe artificial intelligence did it. Does it really matter?

I asked ChatGPT to write an essay on the ethics of artificial intelligence. ChatCPT is an artificial intelligence device that is all the rage. The AI did a pretty good job. Its prose lacks a point of view. But its grammar is impeccable. And it is quick. It wrote a decent essay in a matter of seconds, highlighting concerns about AI, including the problems of bias, privacy, accountability, transparency and security.

It failed to note the problem of authenticity and cheating. This has been a significant concern among educators. Students are already using AI to write papers and do homework. One ironic recent case involves a student who used AI to “write” a paper on ethical issues involving artificial intelligence.

The cheating problem has human solutions. Teachers will need to re-conceive how they assess student learning. Students already cut and paste, and download papers. Desperate students can even hire surrogate writers. AI will make this easier — and cheaper. In response, we should emphasize oral presentations and in-class writing.

A further concern involves the possibility that AI will contribute to the demise of journalism and other professions that involve the written word. In the near future, newspaper columns, political speeches, novels, and film scripts could be written by AI.

My ChatGPT session noted this under the general category of “employment and economic impact.” It explained, “AI has the potential to disrupt industries and change the nature of work.” This understates the problem. Writing is an essential part of human culture. More than the loss of jobs is at stake. Rather, this is about the role of writing in human life.

Human writing involves perspective and personality. The ChatGPT seems to have been programmed to avoid taking perspectives. When I asked it about abortion, it began with a disclaimer saying, “As an AI language model, I cannot take a moral stance on whether abortion is right or wrong, as this is a complex and deeply personal issue that involves a wide range of factors and perspectives.” It then laid out several concerns from multiple perspectives with regard to the ethics of abortion.

Something similar happened when I asked it about Putin’s invasion of Ukraine, Republican plans for Social Security reform, and whether Biden is a good president. After a disclaimer, it recounted arguments on various sides of these issues. But it did not offer an opinion. This is clearly a matter of programming. This particular AI was programmed to avoid taking a side. One wonder what might result if an AI were programmed differently. I’ll bet it would be easy to program a computer to churn out Republican or Democratic boiler plate.

What’s missing here is human judgment — and the accountability that comes along with authenticity. Good human writing involves more than merely laying out a list of facts. It is also a way of exposing one’s commitments and one’s soul. Opinionated writing assumes that the writer behind the prose stands for something. And we hold authors accountable for their words. This process of soulful writing is part of what philosophers call authenticity.

Authenticity involves responsibility and personal engagement. Words belong to people. And we judge persons in terms of what they say and write. Human writing conveys a sense of who the writer is, what they feel, and what they value. Writing moves us because we imagine real people behind the words, who suffer, enjoy, celebrate, or grieve.

This spiritual element is connected to style and voice. And so far as I can tell, ChatGPT has not been programed to have a style, a personality, or a “soul.”

And yet, when I asked it how Hemingway would describe a bullfight, it came up with a paragraph featuring the “wild fury” of a charging bull, with horns “glinting in the sun.” As far as I can tell, Hemingway never put it quite this way. But frankly the AI surprised me with its story-telling prowess.

And no doubt, AI will improve. In the not-too-far future, movies, novels and opinion columns may be written by artificial intelligence. As far you know, this column was written by a human. But how would you know? And why would it matter?

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article272686500.html#storylink=cpy

Violence is the problem, not the solution

Fresno Bee, Feb. 5, 2023

Violence is the thread linking recent shootings to the beating death of Tyre Nichols in Memphis. Our culture is addicted to violence. We feel guilt and remorse, the morning after a bender of violence. But we fall back into the same bad habit.

Violence energizes and excites. The thrill of violence was apparent in accounts of the Nichols beating. One Memphis cop said, “I hope they stomp his ass.” Another bragged, “I jumped in and started rocking him.” The buzz of battle is intoxicating.

Not every cop behaves this way. And violence has been turned against police, most recently here in Selma. These atrocities are a sign of a world gone wrong.

The seductive power of violence is leading us astray. Violence is titillating. Its adrenaline rush is why we cheer on brutal hits on the football field and in the boxing ring. The excitement of violence entices us to watch endless hours of violence on our video screens. It’s not surprising that every so often, someone goes berserk in a world habituated to violence.

We won’t root out violence until we confront how it seduces and warps the human spirit. And we won’t overcome violence until we develop other habits.

Band-aid solutions can help reduce harm. We can limit access to guns. We can prohibit militant police tactics. And we can jail those who commit violence. But people need better habits of kindness, patience, and compassion. A band-aid stops the bleeding. But the disease remains untreated.

The world’s moral and religious traditions teach that violence is wrong. Jesus taught his followers to turn the other cheek and love their enemies. Asian traditions celebrate “ahimsa,” a fundamental commitment to nonviolence.

But our culture is fascinated by violence. We watch it and play at it. We spend our money on it. And when violence causes problems, like a gambling addict, we double down, somehow thinking that more violence can solve the problem.

The civil rights icon James Lawson once said, “Our county is trapped, embedded, addicted to the mythology of violence.” Addiction is about pleasure, habit, and meaning. Our addiction to violence is about the kinds of thrills we enjoy. And it is about the kinds of habits we cultivate.

The mythology of violence encourages us to believe that power and prestige, strength and courage, are linked to violence. It teaches us to think that “might makes right.”

But none of this is true. It is false that violence solves problems and is the source of power. Human power comes from respect and love, rather than fear and physical domination. Human strength and courage are expressed through empathy and compassion, not through violence and brutality. And it is simply not true that “might makes right.”

If you overpower an enemy, nothing has changed in the realm of ideas. This is why regime change rarely works in foreign affairs. Violence begets backlash and resistance. We change people’s hearts by appealing to their better angels, not by attacking their bodies.

Physical violence arises from our most basic animal instincts. Wolves bare their teeth and fight without forethought. The violent male takes over the pack. Some humans behave this way as well. But physical dominance is impermanent. The alpha wolf only rules for a season or two. Physical dominance leaves no legacy other than blood, and resentment.

But the wolf doesn’t think about that. He is impelled by instinct and focused on the fight. Violence is the rush of the here and now. It is indifferent to tomorrow. And that’s why it is subhuman. Human beings moderate their behavior while imagining a life that extends into the future. But violence ignores the future. It is a thrilling outburst of a brutal immediacy.

Of course, in the human world, the violent brutes are punished. The momentary rush of violence is subject to the patient reality of human justice, which transcends the law of the jungle. We are not animals or superheroes, despite what we see at the movies.

The lessons of nonviolent humanity must be taught and re-taught. Violence is the problem, not the solution. Love, compassion, and human intelligence provide a higher path. And a culture addicted to violence needs new habits and sources of meaning.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article272052452.html#storylink=cpy

To live well, find the zest

If you want to live a happy and healthy life, stop being a spectator. Get enthused!

Fresno Bee, January 29, 2023

Life is an adventure. Passivity breeds boredom. Enthusiasm is contagious. And activity is the zest of life.

A recent study of thousands of people found that zest is essential for health and well-being. The study defines zest as “vitality, vigor, and being energized and eager to engage in work and life.”

The word “zest” comes from cooking. It is the tartness of citrus. Like a lemon in winter, zest wakes us up and invigorates us. Zest also includes “love of life” or what the French call joie de vivre. Lovers of life see it as a continual opportunity for inspiration and delight.

This new study confirms a fairly obvious point. It’s not surprising that enthusiasm and vitality are connected. But how do we cultivate love of life? That’s a difficult question in a world hungry for drugs, potions and therapies. But zest doesn’t come in a can. Rather, it is found in action.

Passion is not external to activity. Ralph Waldo Emerson said that passion is a “powerful spring.” He also said, “nothing great is ever achieved without enthusiasm.” But this makes it seem that first we set the spring, and then we get to work.

In reality, this happens the other way around. First, you get to work. And in action, you discover satisfaction. In another place Emerson said, “activity is contagious.” The point is to get going. If the work suits you and you stick with it, passion will grow.

And there are lots of ways to get energized. The psychologist William James saw “eagerness” as central to the meaning of life. James explained that eagerness “is the zest, the tingle, the excitement of reality.” James understood that many diverse activities can give us purpose. We can be eager to learn, to play music, to make love, or to serve others. What matters is staying active and engaged.

James’ colleague at Harvard, George Santayana, celebrated the creative energy of artists and poets, who are absorbed with the creative act. The artists of life say, “life is an adventure, not a discipline … and the exercise of energy is the absolute good.” He explains, “The zest of life becomes a cosmic emotion; we lump the whole together and cry, Hurrah for the Universe!”

That zesty attitude seems in short supply these days. The world is awash in anxiety, moodiness, fatigue, and apathy. Some of this may be traced to the lingering disruption of COVID. There is also the drumbeat of bad news about war, climate, corruption and crime. Our diets, lack of physical exercise, and other environmental factors are also to blame. Screens, sofas, and soft bellies are part of the problem of our low energy.

Certainly, chemical and hormonal imbalances need clinical treatment. But the bigger problem is our cultural malaise. The critics constantly complain. And everyone has a list of grievances. When have you recently heard anyone say “Hurrah for the Universe”? When has reality caused you to tingle?

It can help to hear stories about the enthusiasm and passion of others. It is inspiring to see other people get fired up. Such stories can come from entrepreneurs, athletes, social justice warriors, scientists or artists. But watching others act is ultimately boring. Spectating is no substitute for doing. It is the creative act that gives birth to passion.

Now, a critic might object that this is naïvely optimistic. Energy, she might add, can’t simply be willed into existence. But the American philosophers don’t teach us that energy is the result of wishful thinking. Rather, they tell us that enthusiasm is the result of action.

The American tradition views the world as an experiment. American thinkers see the human spirit as an adventurer. Nothing is fixed and there are infinite opportunities for action. We are free, intelligent, and imaginative beings. To be human is to use our creative energies. Passivity breeds apathy and discontent. Energy is created by action.

Enthusiasm is an attitude, an orientation and a habit. Like a muscle, it grows when we exercise it. And it is contagious. Enthusiastic people inspire us to be more enthusiastic. If you want to live a happy and healthy life, stop being a spectator. Get busy squeezing the lemons and making lemonade.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article271717697.html#storylink=cpy