Trust, Faith, and Democracy

Storm of political mistrust shakes our belief in democracy

Fresno Bee, October 8, 2016

A recent poll conducted by The Associated Press and the NORC Center for Public Affairs Research found that only four in 10 Americans “have a lot of confidence” that votes will be accurately counted this year. One-third of Americans have “little or no confidence” in this year’s vote count.

The skeptics are often supporters of Donald Trump. According to AP, “Half the people who have a favorable opinion of the Republican nominee say they have little to no confidence in the integrity of the vote count.”

Trump has asked his supporters to monitor the polls. His campaign website calls for poll monitors with the following headline: “Help Me Stop Crooked Hillary From Rigging This Election!”

In response, Democrats warn that Trump poll monitors could intimidate voters. Democrats also worry about other restrictions on voting rights. And back in the Bush era, some Democrats suggested that votes were not fairly counted in places like Florida and Ohio. Some Democrats claim George W. Bush was illegitimately installed in 2000 by a politicized U.S. Supreme Court.

We seem to be in the middle of a perfect storm of political mistrust. If we are not careful, this storm can swamp our democracy.

In the words of Trump

One solution is for us to better understand the duties of fiduciary ethics. This idea was invoked recently by Donald Trump himself. In response to reports about his taxes he explained that he has “a fiduciary responsibility to pay no more taxes than is legally required.”

Trump-haters may be surprised that Trump could use such a big word. But he is right that fiduciaries should faithfully manage other people’s investments, maximizing profit and minimizing expenses.

The word, fiduciary, is rooted in the Latin word for “faith,” which is fides. We confide in fiduciaries because we have confidence that they won’t betray our faith in them.

A fiduciary should set self-interest aside and act in the best interest of the beneficiary. A fiduciary should be loyal to the client and care for the client’s well-being. A fiduciary should disclose conflicts of interest and not extract unfair compensation.

When fiduciary responsibilities are violated, scandals erupt. Wells Fargo violated its fiduciary obligation by creating millions of bogus accounts. The feds are looking into Wells Fargo’s breach of its fiduciary duty. A class-action lawsuit claims that the bank violated its fiduciary obligation.

Fiduciary relationships create special obligations. In most cases the fiduciary has more power and knowledge than the client. With that edge, the fiduciary could easily take advantage. Ethical and legal guidelines prevent the fiduciary from misusing power.

screen-shot-2016-10-16-at-7-58-45-amLike banks and financial advisers, lawyers and doctors have fiduciary responsibilities. We hire lawyers or doctors because we lack expertise and experience. But an average person often has no way of knowing whether a lawyer is taking advantage. Nor can an average patient know whether a doctor prescribes unnecessary treatments to enrich himself. We trust doctors and lawyers to care for our interests.

At the highest level, governments have fiduciary obligations. We trust that the government is acting to defend our interests. Governmental agents should not seek to enrich themselves or take advantage of their position. Bribery, misappropriation of funds, and similar offenses violate fiduciary duty.

Keeping the faith

Breaches in governmental ethics are especially serious because they undermine public confidence in the system. Voting irregularities, lying, nepotism, and other corruption causes us to lose faith in the system.

The Roman philosopher Cicero warned that society breaks down when the guardians of political life only care for themselves or their own party, while neglecting the good of the people. John Locke, the early modern English philosopher, went further. He suggested that when a government fails to live up to its fiduciary responsibility, a revolution could be justified. The American colonists followed Locke’s advice.

Which brings us back to that worrying AP-NORC poll. Our system is in serious trouble if we do not trust the most basic component of democracy – the voting process. It is also in trouble if we don’t trust the character of our leaders.

Without faith in fiduciaries and in the integrity of the system, society cannot function. Let’s hope that we survive the election-year hurricane, that we can rebuild bulwarks of good faith, and rediscover a reason to believe in our democracy.

Read more here: http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article106599897.html#storylink=cpy

Schadenfreude, Civility, and the Presidential Debates

Presidential debate reminds us we need less spite and more pity

Fresno Bee, October 1, 2016

 

We ought to cooperate to build each other up, rather than seeking to tear each other down.

The National Institute for Civil Discourse has issued a set of civility standards for the presidential debates. These standards ask us all to be respectful, responsive and responsible.

After this week’s debate, the group conducted a civility survey. Most respondents thought Hillary Clinton was more civil than Donald Trump. But civility is often in the eye of the beholder.

There were strong remarks from both sides. Clinton accused Trump of saying crazy things. She laughed at him. She accused him of being a racist. And she warned about his temperament.

Trump accused Clinton of being “totally out of control” and lacking stamina. At one point, Trump said he could have said something “very rough” about Clinton and her family, but that he refrained from doing so because it is “inappropriate” and “not nice.”

Trump went on to complain about Clinton’s negative attack ads. Trump said, “It’s not nice. And I don’t deserve that.” Soon enough Trump was attacking Clinton out on the campaign trail.

Watching wrecks

I leave it to you to draw your own partisan conclusion about who is naughty or nice here. I’m interested in a larger problem. I worry that we secretly hope for outrage and scandal. And it seems we often get what we ask for.

The debate drew a huge TV audience. Some people probably tuned in for the same reason they occasionally watch auto racing. We like to watch people get smashed up. Hypocrisy is fascinating. Buffoonery is entertaining. Offensive remarks give us something to preach about.

I have to admit that I watched the debate secretly hoping to witness a train wreck. As I watched, I felt for a moment like a kid egging on a fight. I’m not proud of that. A presidential debate has profound implications for the future of the world. But I watched it hoping for scandal.

What’s wrong with us? Why do kids yell “fight, fight, fight” with such glee? Perhaps they, and we, are bored, secretly hoping for mischief.

Civil discourse and serious deliberation is often boring. Reality television, the 24/7 news cycle, and the rest of pop culture keep us addicted to bizarre behavior. It is not edifying but it is entertaining.

Schadenfreude

Another concern is that we are often motivated by schadenfreude. That’s the feeling of joy that is experienced when witnessing someone else’s misfortune.

17420schadenfreudeThe philosopher Immanuel Kant called schadenfreude a devilish vice. It is connected to selfishness, envy, cruelty and bloodthirstiness.

We laugh when other people fail. We enjoy seeing the powerful fall from grace. We are fascinated by humiliation. We gawk at other people’s shame. And sometimes we egg on cruelty.

Of course, this is all morally corrupt. Cynicism and schadenfreude do nothing to make the world better. Cruel laughter is hateful. Sarcasm breeds contempt. And cynicism causes us to disengage from the world.

Another way

The solution is a moral one. Other people’s failing should inspire compassion, not cruelty. It may sound naïve, but it is true: We need less spite and more pity, less hate and more love.

We ought to cooperate to build each other up, rather than seeking to tear each other down. Rather than honing in on other people’s defects, we ought to strive to see their beauty. It is wrong to put someone else down in order to boost yourself. Our words and deeds should contribute to the common good.

This is all part of a humane and civil morality. It’s what we ought to teach our children at home and in the classroom. This is how businesses ought to be run. And it is essential for a functioning democracy.

We are all responsible for growing incivility. Insults, taunts and bullying only work when there is a receptive audience. At the Trump-Clinton debate, the audience was instructed to remain silent. But the audience could not restrain itself. They laughed and applauded, despite themselves. And soon enough, back out on the campaign trail, partisan audiences egged on incivility.

Incivility in the presidential campaign is a symptom of a larger disease. If the candidates are more uncivil than they used to be, that’s because we allow them to get away with it – and also because we get a thrill from watching train wrecks.

Read more here: http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article105137046.html#storylink=cpy

Death penalty ethics

To kill or not to kill? Death penalty debate weighs heavy on us all

Fresno Bee, September 24, 2016

Two rival death penalty initiatives are on the November ballot. Proposition 62 seeks to abolish the death penalty. Proposition 66 intends to make it more efficient. The moral questions raised are complex.

Opponents of the death penalty argue that killing is always wrong. Defenders of capital punishment believe that some criminals deserve death. Between these two positions there is little common ground.

BEFORE VOTING IN NOVEMBER, TAKE TIME TO DISCUSS THE ISSUE. AND ACKNOWLEDGE THAT DECENT PEOPLE WILL DISAGREE ABOUT CAPITAL PUNISHMENT, AS WE DO ABOUT OTHER VEXING MORAL QUESTIONS.

ladyjustice-previewDeath penalty defenders often understand punishment as retribution. Retributive justice is intuitively appealing. The scales of justice are balanced by restitution and retaliation. Thieves should pay back what they’ve stolen. And if you take a life, you owe a life.

Critics worry that retributivism is too closely linked to revenge. Revenge seems to provide emotional catharsis. There is pleasure and power in hurting those who harm us.

Donald Trump tapped into this emotional element this week when he called for “just and very harsh punishment” for a recently captured terrorist. Someone in the crowd yelled, “hang him.”

Death penalty opponents reject vengeful calls for harsh punishment. At the 6th World Congress Against the Death Penalty this year, Pope Francis argued that the death penalty “does not render justice to victims, but instead fosters vengeance.” He continued, “The commandment ‘Thou shalt not kill’ has absolute value and applies both to the innocent and to the guilty.”

Modern executions don’t satisfy vengeful emotions. Lethal injection kills without spilling blood. The modern trend is toward more humane and less cruel punishments. A possible place for common ground is found in the idea that cruel bloodlust is wrong and that suffering should be minimized.

We certainly don’t behead or crucify people – and we condemn other cultures that do. We don’t hold public executions. Crowds no longer mock the condemned on the gallows.

But a more public and bloody execution system might work as a deterrent for crime. Our sanitized, secretive and infrequent executions don’t scare anyone.

If the death penalty worked as a deterrent, it might be justified as socially beneficial. However, research on the deterrent effect of the death penalty is inconclusive. And the death penalty is applied so infrequently in California that any deterrent effect is lost.

There are reasons to be skeptical of the deterrent effect of the death penalty. Violent criminals seem to accept violence. Armed bandits understand that they may be shot while committing a crime. The threat of execution will not deter suicidal terrorists.

Further reflection points toward political questions. For example, some fear expansive and corrupt government power. In a debate about capital punishment with Hillary Clinton,Bernie Sanders said, “I just don’t believe that government itself should be part of the killing.”

Libertarians tend to agree with Sanders about limiting the state’s power to kill. Libertarian presidential candidate Gary Johnson opposes the death penalty because he worries that innocent people may be executed. He has reportedly said, “I don’t want to put one innocent person to death to punish 99 who are guilty.”

Concern about the chance of executing an innocent person is connected to larger concerns about fairness in the justice system. Racial and class-based issues should be considered here. Abolitionists think that the justice system will not fairly apply the ultimate punishment. Reformers want to make sure that the system is fair and just.

In her debate with Sanders, Clinton asserted her trust in the federal court system. She defended the use of the death penalty for heinous crimes and said that she has “confidence in the federal system.”

It may be surprising that Clinton agrees with Trump about the justification of the death penalty. It is not surprising that Trump goes further than Clinton in supporting aggressive policing – and even torture – as necessary for maintaining social order.

Beyond the politics, we should consider higher moral goods. Death penalty opponents extol peaceful virtues such as mercy, gentleness, and forgiveness. But death penalty advocates see retributive justice as required by the ancient law of eye for eye, life for life.

Serious and good people have disagreed about this for millennia. There are compelling arguments on each side. Before voting in November, take time to discuss the issue. And acknowledge that decent people will disagree about capital punishment, as we do about other vexing moral questions.

Read more here: http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article103665217.html#storylink=cpy

Impeachment, The Constitution, and Civics

Is the United States heading for an impeachment crisis?

Fresno Bee, September 10, 2016

 

Democracy is both inspiring and appalling. This year in California we will vote on initiatives involving the death penalty, firearms, taxes and health care. We also will vote on whether marijuana should be legal and whether porn actors should wear condoms.

There is no guarantee that voting will produce wise and virtuous outcomes. Porn addicts and potheads will cast votes alongside priests and police officers.

The national race does not inspire confidence in the electoral process. The primaries have given us two flawed candidates for president. Each accuses the other of mendacity and incompetence. With this level of animosity before the election, dysfunction likely will follow. Some commentators have suggested that there will be an impeachment crisis in the next few years, no matter who gets elected president.

Democracy can produce good outcomes. Smart and sincere voters can elect virtuous officials who are dedicated to the common good. But the fact of diversity means that we will disagree about what we mean by virtue and the common good. And so democracy also gives us gripes, grievances and gridlock.

THE PRESENT ELECTION PROVIDES A WONDERFUL TEACHABLE MOMENT. CIVICS EDUCATION INCLUDES A DISCUSSION OF THE VIRTUES AND VICES OF DEMOCRACY AS WELL AS ANALYSIS OF THE STRUCTURE AND HISTORY OF THE CONSTITUTION.

Philosophers have often criticized democracy. Plato warned that democracy can quickly turn to tyranny, as the people elect tyrants who make populist promises while plotting to take advantage.

John Adams, our second president, shared Plato’s worry. He warned about the dangers of direct democracy. He said: “Remember democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet, that did not commit suicide.”

The framers of the U.S. Constitution tried to remedy the flaws of democracy by giving us mixed government with a separation of powers. That idea goes all the way back to the ancient Greeks. A mixed government is not very efficient. But it aims to prevent tyranny by frustrating the machinations of those who lust for power.

Another remedy focuses on educating citizens. This idea was dear to Thomas Jefferson. In a letter to James Madison in 1787, Jefferson wrote that education of the common people is the best way to secure liberty.

A similar argument is made in a forthcoming book by educational and moral theorists Nel Noddings and Laurie Brooks. The book “Teaching Controversial Issues” maintains that critical thinking and moral education are essential for democracy.

NO NATION IS PERFECT.

The authors argue that democratic schools should encourage critical thinking rather than blind obedience. We need to give young people the tools to analyze and evaluate controversial topics, while inspiring them to remain committed to the common good. The goal “is to develop thoughtful, well-informed citizens for a participatory democracy.”

The present election provides a wonderful teachable moment. Civics education includes a discussion of the virtues and vices of democracy as well as analysis of the structure and history of the Constitution.

It is easy and fun to celebrate the myths of uncritical patriotism. But the truth is more complicated. No nation is perfect. There are no utopias. The flaws in political systems reflect flaws in human nature. People are not perfect. Nor are the systems we construct.

On Sept. 17, 1787, when Benjamin Franklin made a motion to approve the Constitution, he acknowledged that there was no perfect constitution. Human beings always bring with them “their prejudices, their passions, their errors of opinion, their local interests, and their selfish views.” So no human constitution can ever be perfect.

But rather than leaving us discouraged, this should invigorate us. There is work to be done to improve the world. In the end, we get the democracy we deserve. We build the world we live in with our questions and criticism as well as our votes.

Read more here: http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article100862147.html#storylink=cpy

Ancient wisdom and climate change

Maybe it’s time to learn from our past

Fresno Bee, August 6, 2016

Clean energy is a good idea. It is smart to believe in science. But we also need a dose of ancient wisdom. Ancient traditions teach that a simple life is best. The climate crisis is a symptom of a spiritual malady that has been with us since ancient times: unbridled desire.

According to NASA, the first half of 2016 was “the planet’s warmest half-year on record.” The warmest previous years were 2015 and 2014. The Earth’s atmosphere is more than 1 degree Celsius warmer than it was a century ago. Polar ice is melting. Sea level is nearly 3 inches higher than 25 years ago.

And yet we go about our business, unable or unwilling to change our collision course with climate calamity.

Some are in denial. Donald Trump has described climate change as “expletive.” He has claimed that it is a hoax foisted upon the world by the Chinese. His running mate Mike Pence has called climate change a myth. Trump wants to cancel the recent Paris climate agreement.

Others admit the climate crisis, while imagining high-tech solutions. At the Democratic National Convention, Hillary Clintondeclared, “I believe in science.” She said, “I believe that climate change is real and that we can save our planet while creating millions of good-paying, clean energy jobs.”

A CLIMATE-FRIENDLY LIFE WOULD BE SIMPLE. 

Clean energy is a good idea. It is smart to believe in science. But we also need a dose of ancient wisdom. Ancient traditions teach that a simple life is best. The climate crisis is a symptom of a spiritual malady that has been with us since ancient times: unbridled desire.

Ancient sages teach that happiness and virtue are found in restraint and self-control. Desire is a flame that easily burns out of control. Materialism distracts us from higher goods. Tranquility and joy are found in peaceful harmony.

The Buddhists aimed to control desire. The Taoists sought harmony in simplicity. Jesus warned against greed and wealth. And the ancient Greeks praised modesty, moderation and temperance.

But we crave the goods of carbon culture: cars, planes and cheap plastic goods. We like air-conditioned houses, stocked refrigerators and weekend getaways. Billions of poor people dream of joining the American middle class in our relentless pursuit of happiness.

I thought about this as I watched shooting stars blaze across the sky on a recent night in the Sierra. The stars were amazing. So too is our hubris and hypocrisy. I spewed carbon on my drive to the mountains, contributing to the climate crisis.

Such is our predicament. Our daily choices contribute to the problem. It is difficult to imagine living otherwise. The habits of affluence fuel our economy and inflame our desires.

Something’s got to give. Or we’ve got to give something up.

WHAT ARE YOU WILLING TO DO TO COOL THE PLANET AND SIMPLIFY YOUR LIFE?

Conan-Arnold PosesOne interesting suggestion comes from Arnold Schwarzenegger. Schwarzenegger has become a spokesman for meat-free meals as a cure for climate change. In a public service announcement he says, “less meat, less heat, more life.”

Schwarzenegger’s advertisement was made to support the Chinese government in its plan to reduce meat consumption as a response to climate change. Meat consumption creates more carbon emissions than a plant-based diet. Locally grown foods also produce fewer emissions.

All of our consumption habits have environmental impacts. Coffee is shipped across the globe. Coffee culture creates vast piles of disposable cups. Beer and soda also have an impact. Energy is used to refrigerate and transport it. There are ecological costs in manufacturing and recycling cans and bottles.

Even our hygiene habits have climate impacts. Hot showers produce carbon emissions. So do our hair and clothes dryers. And so on.

A climate-friendly life would be simple. We would take fewer showers, air-dry our clothes, take few long trips, and rarely eat meat. We would walk or bike to work, drink mostly water, and generally curtail consumption.

This is how most people lived before electricity and fossil fuels. The nights were darker then. The stars provided entertainment and inspiration. We rarely see those stars today.

A simple life is unimaginable in the era of unrepentant indulgence. Our lights and gizmos blaze at all hours. There is no space for silence or stargazing.

Studying the ancients reminds us of the value of simplicity. Of course we need science. But we also need to understand that burning carbon cannot create virtue or happiness.

It’s a hopeful sign that Arnold Schwarzenegger has become an advocate for climate-friendly behavior. If Conan the Barbarian is giving up meat, what are you willing to do to cool the planet and simplify your life?

Read more here: http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article93860892.html#storylink=cpy