Justice, Compassion, and the Dreamers

DACA controversy reveals conflict between blind justice and broad compassion

Fresno Bee, September 8, 2017

The reconsideration of DACA presents an example of the conflict between justice and compassion. It also shows us the conflict between a narrow conception of our obligations and a broader point of view.

Justice requires impartial application of rules. The goddess of justice is blind. She administers law without considering the identity of those who receive her decisions. Justice is a goddess of the public sphere. She demands that we extend moral concern universally, fairly, and without exception.

Compassion operates differently. The goddess of compassion opens her eyes and her arms. She attends to people’s concrete situations, making exceptions for the disabled, the displaced and the disadvantaged. The motherly goddess of home and hospitality focuses on individual identity and relations of care.

Compassion and justice disagree whenever there is a conflict between mercy and rule-following. Justice requires equal treatment and unbiased judgment. Compassion makes exceptions for special needs and mitigating circumstances.

The DACA debate asks whether we should extend compassion to the children of immigrants who did not knowingly violate the law when their parents brought them here. Justice may ignore this fact and simply apply a rule that says if you are not here legally, you must leave. Compassion begs us to consider that these young people have no other home to return to and bear no responsibility for their predicament.

President Trump’s statement about DACA uses moral language. But he prioritizes compassion for Americans, saying, “We must also have heart and compassion for unemployed, struggling, and forgotten Americans.” He admits there is something unfair about punishing children for the actions of their parents. But he said that fairness for American citizens was his first priority. He explained, “Before we ask what is fair to illegal immigrants, we must also ask what is fair to American families, students, taxpayers and job seekers.”

Trumpian morality applies compassion and justice in a limited nationalistic way. This fits with the president’s America first agenda.

Moralists have often criticized this kind of nationalism. The goddesses of justice and compassion are not national deities. Morality universalizes.

Justice and compassion extend across borders. The goddess of justice is blind even to national identity claims. And the “mother of exiles” – as the Statue of Liberty has been called – opens her arms to the world’s homeless and huddled masses, yearning to breathe free.

ANY RESOLUTION WILL REQUIRE US TO THINK CAREFULLY ABOUT THE NATURE OF LAW AND MORALITY.
IT WILL ALSO REQUIRE US TO REFLECT ON WHAT IT MEANS TO BE AN AMERICAN.

It is not surprising that American religious leaders responded with dismay to Trump’s announcement. The U.S. Conference of Catholic Bishops condemned Trump’s decision. The bishops wrote, “Today’s actions represent a heartbreaking moment in our history that shows the absence of mercy and good will, and a short-sighted vision for the future.”

Mercy and good will are the heart of the ethics of compassion. The bishops extend this globally, applying the commandment to love one’s neighbor in a universal direction.

Trump and his supporters reject this view of morality. They also discount the religious critique of this policy. Steve Bannon, Trump’s former chief strategist, said that limiting immigration was a matter of “national sovereignty.” He also said that the Catholic church has “an economic interest in unlimited immigration,” suggesting that the church wants immigrants to fill pews and coffers.

The president and his supporters have also claimed that Obama’s Deferred Action for Childhood Arrivals program was unconstitutional. They want Congress to take action. But hundreds of law professors, governors, and other legal and political leaders have argued that DACA is constitutional.

The constitutional question is related to the moral question. Does our legal system require strict impartiality and blind justice or does it permit discretion and compassion? Is the Constitution a system that puts America first and focuses only on questions of national sovereignty? Or are there values in our constitutional system that point in a more cosmopolitan direction?

These are not easy questions to answer. We disagree about religion, morality, and the Constitution itself. These conflicts run so deep that they may never be resolved.

But any resolution will require us to think carefully about the nature of law and morality. It will also require us to reflect on what it means to be an American.

http://www.fresnobee.com/article172036532.html

Nepotism and the Trump White House

Nepotism has no place in American democracy, but Trump does not practice that truth

Fresno Bee, July 14, 2017

Donald Trump Jr. jumped into Russia-gate this week. And we have yet another reason to be wary of nepotism. The benign interpretation of Trump Jr.’s Russian meeting is that he is a political neophyte, clueless about the impropriety of trying to get dirt on Hillary Clinton from Russia. He said on Fox television’s “Sean Hannity” show, “In retrospect I probably would have done things a little differently.”

But there are no “do overs” in the big leagues. Experienced and expertise really do matter. The problem with nepotism is that family members get the job, whether they are qualified or not.

The family members of presidents may be smart, virtuous people. Or they may be embarrassing goofballs like Billy Carter. But in most cases, these relatives lack relevant experience, education and expertise.

And anyway, we only elect one person to office at a time. The voters picked Donald Trump Sr. to be president. We did not elect his son, son-in-law, or daughter.

When Ivanka Trump sat in for President Trump last week at the G20 Summit, Trump critics howled. The president tweeted that such criticism should go both ways. He wrote, “If Chelsea Clinton were asked to hold the seat for her mother, as her mother gave our country away, the Fake News would say CHELSEA FOR PRES.”

THE VOTERS PICKED DONALD TRUMP SR. TO BE PRESIDENT.
WE DID NOT ELECT HIS SON, SON-IN-LAW, OR DAUGHTER.

Trump is right. Nepotism is as wrong for the goose as it is for the gander. If Hillary Clinton had been elected, it would be wrong of her to empower her daughter or husband. Only one person is elected to serve as president. We vote for individuals, not families.

A further problem is that nepotism means that family loyalty can trump other commitments. About 2,500 years ago Plato warned that this was dangerous and divisive. He wanted citizens to be guided by their loyalty to the state, not by devotion to their families.

Some of the divisive partisanship in our country can be attributed to our bipartisan nepotism problem. Republican animosity toward Hillary Clinton is connected to disdain for Bill. Democrats disliked George W. Bush because he was a scion of the Bush dynasty.

Nepotism creates the appearance of bias and partiality—and yet another reason to distrust the political system. Family feuds and dynastic intrigue have no place in democratic politics.

George Washington recognized this. When he became our first president, he was scrupulous about avoiding the appearance of conflicts of interest. He said that “impartiality and zeal for the public good” should never suffer from the intermingling of “connections of blood and friendship.” He declared he would not be influenced by “ties of amity or blood.”

In private life it can make good sense to hire a family member. Families are based upon trust, a sense of obligation and a common set of values. Expertise can also be handed down through families.

INSTEAD OF FAMILY LOYALTY WE NEED OUR LEADERS TO BE DEVOTED TO JUSTICE AND THE GREATER GOOD.

The daughter of a doctor may have shadowed her father and learned about medicine firsthand. But patients don’t hire a doctor because her father was a gifted surgeon. We expect a legitimate medical education. We also expect trained nurses and anesthesiologists in the operating room, not the doctor’s sons and daughters.

In our political system there is no credentialing process. Anyone can run for president. And apparently the chief executive can appoint whomever he wants to serve as an adviser.

Another worry is what this tells us about “the American Dream.” They used to tell us that anyone could become president. Political dynasties make that dream seem hopelessly naïve.

Donald Trump Sr. offered a bit of hope for the unconnected masses. His popularity was based upon his status as an outsider. Ironically, by putting his children in power, he is taking a page from the insider’s playbook.

The risk of this strategy has become apparent. Trump Jr.’s cluelessness undermines his father’s presidency. The Trump family is seemingly unworried about all of this. They are also unconcerned about nepotism. President Trump’s other son, Eric, once said, nepotism “is a beautiful thing.”

Family devotion is important—in the private sphere. But in democratic politics, things should be different. We need expertise and experience in the public sphere. And instead of family loyalty we need our leaders to be devoted to justice and the greater good.

http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article161419818.html

Dignity and Public Service

A nation lacking in dignity means our children have no one to look up to

Fresno Bee, July 7, 2017

After President Trump’s most recent tweet storm against the media, several people – including GOP senators – said his behavior was “beneath the dignity of the office.”

On July 1, Trump tweeted that his use of social media was “modern day presidential.” A new norm is emerging, lacking in dignity. Trump takes this to a new level. But the modern presidency has lacked dignity since Bill Clinton dropped his pants in the Oval Office.

Dignity is difficult to create, but easy to destroy. The same is true of trust and respect. Dignity inspires confidence and admiration. Shameful behavior undermines credibility and inspires revulsion.

The demise of dignity also afflicts the news media, since Walter Cronkite gave way to Jerry Springer. Consider Mike Brzezinski’s response to Trump’s outrageous attacks against her. She posted an image on Twitter implying that Trump has small hands.

That sexual euphemism was used by Sen. Marco Rubio against Trump during the 2016 campaign. Trump, you’ll remember, badgered him by calling him “little Marco.”

And so it goes. It seems there are no adults left in the country. We are all smaller these days. Our children have no one to look up to.

DIGNITY IS DIFFICULT TO CREATE, BUT EASY TO DESTROY.

The demise of dignity is linked to a general failure of civility. It is also linked to our inability to distinguish between public and private. Petty arguments and private parts are all on public display.

But dignity requires us to draw a line. The official acts of the office holder should be our focus. The private idiosyncrasies of those officials are really none of our business. In a dignified world, private personality is concealed behind the public persona.

That’s why judges wear robes and we call them “Your Honor.” It is also why cops wear uniforms. And it is why we say “Mr. President” instead of “Hey dude.”

Modern culture rejects that deferential stuff. We are informal and easygoing. We care more about cheap laughs than deferential esteem. Social media encourages thoughtless, reactive crudeness. And it degrades traditional notions of privacy. Dignity is destroyed by speed, stupidity and familiarity.

Some will say this is all good. Presidents and pundits are people, too. They have sex and get mad. Why not stop pretending that they don’t? It seems duplicitous for pundits and politicians to conceal their personal quirks and private opinions.

But the public-private distinction remains important. The First Amendment to the Constitution depends upon it.

You are free to pray in private; but the government is not free to force you to pray. You are free to assemble in public for political purposes; but you cannot trespass on private property for private purposes. You can say things that are highly critical of political figures; but you cannot slander or libel private persons.

WHEN DIGNITY IS LACKING,
WE HAVE NO REASON TO TRUST OUR LEADERS, LISTEN TO THEM, OR RESPECT THEM.

And despite our informal culture, we expect professionals to live up to public standards of ethics and excellence. We want journalists, judges and janitors to keep their quirks concealed. What professionals do in private is their own business as long as they do their work for the public good.

Trust depends upon dignity. We trust professionals who clearly serve the public good. Dignified professionals speak carefully. They think critically and apply relevant expertise. They embody the collective wisdom of the institutions they represent. And they place service above self.

When dignity is lacking, we have no reason to trust these people, listen to them, or respect them. Respect must be earned. Once lost, it is not easily regained.

The demise of dignity in the public sphere is a serious problem for our democracy. Many Americans no longer trust our institutions, including government, business and the press. We have come to believe that no one is objective or professional – that everyone is in it for themselves.

Perhaps we are finally learning that public service was always a farce. Perhaps true dignity never existed. Maybe we are simply realizing that the emperor was never wearing any clothes. But the solution is not for everyone to simply drop their pants. A race to the bottom diminishes us all.

The recipe for dignity is simple. Behave according to the expectations of professional service. And always remember that the next generation wants someone to admire.

http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article160036834.html

Honesty and Loyalty in the Trump-Comey affair

Pledges are empty promises.
Honest, loyal people don’t have to swear that’s what they are

Fresno Bee, June 16, 2017

James Comey swears President Trump asked him for a pledge of loyalty. Comey offered honesty. Trump said he would accept “honest loyalty.”

After Comey testified before Congress, the president accused him of lying. Trump said, “I hardly know the man, I’m not gonna say I want you to pledge allegiance, who would do that, who would ask a man to pledge allegiance under oath?” Trump has offered to testify under oath about his version of things.

What is “honest loyalty”? And what lessons can we learn from this fascinating piece of political theater?

One lesson is to be suspicious of oaths and loyalty pledges. Perjury is not prevented by promising to tell the truth. In some cases, the more a person swears to God, the less we ought to trust them. Nor is loyalty guaranteed by a pledge of allegiance.

Oaths and pledges are least effective when they matter most. Scoundrels affirm bald-faced lies. Traitors are eager to pledge allegiance. Hypocrites and rogues cover their tracks with honeyed words and perfumed promises. And even decent people occasionally fudge the facts in order to get out of a jam.

In the long run, verbal assurances mean less than a consistent pattern of truthful, loyal behavior. Honest and loyal people remain faithful and true, without needing to swear that they are.

TOTAL LOYALTY IS ONLY POSSIBLE WHEN FIDELITY IS EMPTIED OF ALL CONCRETE CONTENT
-Hannah Arendt

The complaint against oaths and pledges is an old one. The ancient Jews and early Christians refused to pledge allegiance to Caesar. Some contemporary Christians continue to avoid swearing oaths, basing this on the Sermon on the Mount. Jesus teaches there that you should simply say yes or no, without swearing an oath.

Protestant reformers took this seriously. In 1635 Roger Williams was driven out of Massachusetts for criticizing the colony’s loyalty oath. He thought it was wrong to force people to swear allegiance in the name of God and to invoke God’s name with regard to civil matters. After his banishment from Massachusetts he founded the colony of Rhode Island as a refuge for religious dissenters.

In the 1650s the English philosopher Thomas Hobbes explained that “an oath adds nothing to an obligation.” If we have an obligation we ought to keep it. An oath will not make a bad man keep his promises.

William Penn, the Quaker who founded Pennsylvania, had a similar idea. In 1679 he explained, “He that is a knave, was never made honest by an oath. Nor is it an oath, but honesty, that keeps honest men such.” Penn concluded that oaths have “often ensnared a good man but never caught one knave yet.”

And what about loyalty? Philosophers have roundly criticized unquestioning loyalty. In the middle of the 20th century, Hannah Arendt argued that totalitarianism rested upon morally deficient loyalty. She said, “total loyalty is only possible when fidelity is emptied of all concrete content.” Fidelity without morality leaves the loyal person subject to the immoral whims of a party or person.

AN OATH ADDS NOTHING TO AN OBLIGATION.
-Thomas Hobbes

A further problem is that fawning toadies pledge loyalty as a way of sucking up. Ingratiating flatterers offer worshipful praise, currying favor by lying and exaggerating. Flatterers and sycophants have been roundly mocked by moralists. The Roman essayist Plutarch called them “parasites” and enemies of truth. He says that flatterers ruined Rome, since they encouraged rulers like Nero to behave without dignity.

Plutarch noted that excessive self-love makes us susceptible to flattery. Those who are infatuated with themselves believe what flatterers tell them, no matter how absurd. That is why flattery undermines truth and wisdom.

The solution, of course, is self-examination, devotion to virtue, loyalty to the truth, and honest friendship. True friends speak the truth, without “paint and varnish,” as Plutarch put it, because they love us and want us to be better. True friendship is both loyal and honest.

In political life, truth and loyalty are always in dispute – as the Comey-Trump feud shows us. But in ordinary life, honesty, loyalty, and friendship help us live well. We need honest and loyal friends. But friendship should be freely given. It is not assured by an oath or pledge. Promises and flattering words are mere idle talk. What matters is the quality of our characters, not the quantity of hot air we produce.

http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article156574744.html

Moral Myopia and the Speed of Twitter

Don’t be like the president.
Take a breath and think before you act (or tweet)

Fresno Bee, June 9, 2017

We are bombarded with news. It is easy to get lost in the Twitteropolis and the vibrating pulse of our newsfeeds. But when we are pulled along by the world in this way, there is no room for thinking.

We are quick to complain and slow to understand. We speak without knowledge. Reactionary responses undermine our long-term interests, goals and happiness.

As a case in point, consider President Trump’s recent twittering. He tweeted that his own Justice Department was being too politically correct with a “watered down” version of his “travel ban.” Trump tweeted that he wants a “much tougher” ban. But these tweets seems to undermine his own court case.

This week Trump also used Twitter to antagonize the mayor of London after terror attacks there. And his tweets about Qatar threatened to destabilize alliances and operations in the Middle East.

Trump is not the only thoughtless social media operator. Petty criminals boast about their crimes on Facebook. And the rest of us post and tweet reflexively. In this fast-twitch era, cyber chest thumping has replaced thinking.

Short-sighted thoughtlessness has always been a problem. In the old days, people ranted to barroom buddies. But today our thoughtless ramblings are permanently recorded online.

A kind of myopia afflicts us. We focus on immediate problems that grab our attention. We miss out on the larger picture. Short-term tactics predominate. Larger strategies go unheeded.

Our myopia is connected to our hedonism and narcissism. Like infants throwing tantrums, we want what we want and we want it now. We crave stimulation and reinforcement. We respond to every prick and poke without restraint. We won’t accept “no” for an answer. We view every setback as a personal insult.

Intemperate reaction fans the flames of cyberspace. The myopic person sees the ensuing turmoil as a sign of success, since their tantrum puts them firmly in the center of attention. But this ignores the fact that long-term interests have been sacrificed to achieve a fleeting notoriety.

Wisdom and virtue require slower, more thoughtful responses. We also need to be willing to shrug off adversity. Life is a marathon, not a sprint. We waste too much time and energy reacting to every challenge and affront.

There is wisdom in silence. It is often also wise to do nothing and simply leave things alone. This idea is central to the Chinese tradition of Taoism. The Taoists suggest that those who are busily reacting accomplish little, while non-action produces harmony.

Silent non-action is counter-cultural. But consider how our reactive culture keeps us constantly distracted. We are obsessed with activity and the need to comment on the latest news. When we do something – even small inconsequential things – we document, post and brag. But the more we post, the less anyone cares and the less any of this means.

Busy bragging is a feature of our general hedonism and narcissism. We seem to be constantly trying to convince ourselves that we exist, that what we are doing is important. But let’s be honest, most of what we do or say simply does not matter. The world is vast. History is long. Everything we accomplish will be forgotten soon after we die.

From the vantage point of eternity, the pursuit of accomplishment is a vain exercise in futility. That may seem depressing. But resigned acceptance can set us free, liberating us from the need to respond to every little thing.

If we were less reactive and more reflective, we would be more moderate and circumspect. Important things require careful attention. Justice and truth are complicated and difficult. Justice is not served by a quick tweet. Truth cannot be disclosed in 140 characters.

Or consider love. We are told that love is patient and kind. It is not boastful, proud or easily angered. Love cannot be cultivated on Snapchat, Instagram or Tinder. Those names imply a quick spark, rather than an abiding warmth.

The fury of our reactionary world undermines thinking. Deep thought is unhurried and quiet. Thinking takes time, vision and revision. The life of virtue cooks slowly. Happiness requires a slow simmer, not a quick boil. And the bread of wisdom takes a lifetime to rise.

http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article155324889.html