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

Arms Race No Winners

In an arms race, there are no winners

Fresno Bee, July 15, 2016

  • We ought to imagine alternatives to violence and the arms race
  • Security and peace require more than military power
  • Polish examples provide a nonviolent alternative to violence

An ancient lesson teaches that those who live by the sword will die by the sword. That remains true in a world of guns and bombs. An armed world escalates insecurity. But we cannot seem to figure out how to disarm ourselves.

The arms race is like the rat race. There is no winner in such a race. Instead there is anxiety, fear and violence.

OUR FASCINATION WITH MATERIAL SOLUTIONS TO SPIRITUAL PROBLEMS
PREVENTS US FROM IMAGINING WAYS TO BEAT OUR SWORDS INTO PLOWSHARES.

I am in Warsaw, Poland, this week, attending an international conference on global dialogue and peace. Last week, there was a NATO summit here focused on military defense.

The NATO powers issued a communiqué at the summit describing “an arc of insecurity and instability” on the periphery of the alliance. It warns of Russian aggression, instability in the Middle East and North Africa, and increased intensity in global terrorism.

The NATO document recognizes the need to “address the conditions conducive to the spread of terrorism.” But those conditions are psychological, social and ethical.

Human beings need respect, equality, happiness and love. Lack of those spiritual goods is the source of violence, hatred, fear and insecurity. More guns and better weapons can do nothing to change the spiritual malady that leads to violence.

Here in Warsaw last week, President Barack Obama responded to recent outbreaks of violence in the U.S. He warned against fear and violence. He advocated building upon “the better angels of our nature.”

And yet, it seems easier to invest in material solutions to violence than to buttress our better angels. We tend to look at security in technological terms. We want advanced surveillance and mechanized firepower. We want missiles, robots, drones, and more and better guns. But the world needs education, dialogue and mutual understanding.

Material security seems easier. The logic of the arms race is simple. If your sword is bigger than mine, I need a bigger sword. But if I get a bigger sword, you will buy a stronger shield. And so on.

Of course, those who make swords and shields will cheer on the arms race.

Raytheon1Around Warsaw there are massive billboards advertising Raytheon, an American defense company. It seems odd to see an American defense firm advertising in Poland. But Raytheon is working to close a $5 billion deal with Poland for missile defense.

And so it goes.

IF WE SPENT AS MUCH ON NONVIOLENCE AS WE DO ON
ROBOTS, MISSILES AND GUNS, WE MIGHT FEEL MORE SECURE.

Just last week a robot manufactured by Northrup Grumman, another American defense company, killed an assassin in Dallas. This was the first time a robot has been used by police to kill. I suspect it won’t be the last. Nor, unfortunately, will this be the end of the arms race in our streets.

Gun sales have skyrocketed. According to Fortune magazine, American gun sales are up 40 percent from last year. After mass shootings, people buy more guns. Some want these guns to defend themselves. Others worry that the government may curtail gun purchases.

Of course, the gun companies don’t mind the business.

All of this is a bit depressing. Violent solutions to violence escalate violence. This increases anxiety and fuels a further arms race.

A different approach needs to be imagined. A hint is found in Eastern Europe, where nonviolent movements brought about the end of communism. If we spent as much on nonviolence as we do on robots, missiles and guns, we might feel more secure.

In Poland, Pope John Paul II is a local hero and beloved saint. His support of the nonviolent Polish Solidarity movement helped to end the communist regime. John Paul once said, “Violence and arms can never resolve the problems of men.”

Violence requires a spiritual solution. Without more basic social and spiritual goods, armed security is a mere stopgap.

Human beings need meaning, hope and love. We thrive when there is respect, dignity and communal feeling. Our fears dissipate when we have stable communities, satisfying work, decent living conditions and trust in the future. We need security. But security must be grounded in liberty, happiness and solidarity.

The fallacy of the arms race is the idea that violence produces peace. In reality, the arms race enriches arms dealers while escalating violence. And in the end, our fascination with material solutions to spiritual problems prevents us from imagining ways to beat our swords into plowshares.

Read more here: http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article89837432.html#storylink=cpy

Enlightenment Values and Education

Ignorance is Not a Virtue

Fresno Bee, May 20, 2016

  • Ignorance, enlightenment are political issues
  • American universities are committed to enlightenment values
  • Democracies flourish when citizens are enlightened

Obama at Rutgers graduation- Ignorance is not a virtuePresident Barack Obama defended Enlightenment values recently in a commencement address at Rutgers University. Obama described the American founders as Enlightenment thinkers who opposed “superstition and sectarianism.” He concluded, “In politics and in life, ignorance is not a virtue.”

This caused a minor flurry of commentary. Many took this to be an attack on Donald Trump, which it probably was. Trump tweeted that it was Obama who was ignorant. And so it goes in an era when even university commencements are politicized.

But universities are not politically neutral. They are bastions of enlightenment. They proclaim enlightenment values in their Latin mottos. The Rutgers motto says, “Sun of righteousness shine upon the West.” Fresno State’s motto says, “Receive the light and give it forth.” The University of California’s motto is “Let there be light.”

WE CURE OUR MORAL BLINDNESS THROUGH FREE INQUIRY AND RATIONAL ARGUMENT.

The enlightenment ideal is politically progressive. Defenders of the enlightenment believe that knowledge makes the world better. And they know that knowledge rests upon freedom of thought.

The great Enlightenment thinkers were liberals in the broad historical sense of the term. They advocated liberty, equality and justice – and in some cases, political revolution.

Enlightenment thinkers believed that tyranny and injustice could be overcome when the light of reason is allowed to shine. Thomas Jefferson wrote, “Enlighten the people generally, and tyranny and oppression will vanish like evil spirits at the dawn of day.”

The German philosopher Immanuel Kant used a Latin phrase as the motto of enlightenment: sapere aude. This is a command: “dare to know!” Enlightenment rests upon a set of such imperatives. Speak truth to power. Be audacious in pursuit of wisdom. Follow the light, wherever it leads.

Some critics claim that this is a bunch of Eurocentric nonsense. They reject Enlightenment values as the oppressive ideology of colonizers and slaveholders. It is true that the heroes of the Enlightenment were white European men. They were wrong about a lot of things, including slavery.

We all have blind spots. But enlightenment provides a solution. Enlightenment requires self-criticism. We cure our moral blindness through free inquiry and rational argument.

Other critics reject reason as a solution to the human problem. Some believe that faith and feeling are more important than argument and inquiry. Others fear that liberal education is irreligious indoctrination. Some even think that science is an ideological temptation.

But blind faith is willful ignorance. Good ideas do not need protection from criticism. Rational critique strengthens good ideas and helps us avoid bad ones.

Martin Luther King once said, “Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.” Immoral people often plead ignorance, when they are caught doing something wrong. Others turn a blind eye to injustice.

Voluntary ignorance is negligent and recklessly indifferent. Knowledge generates responsibility. Mature people accept the obligations that knowledge creates. Moral people also shine a light on their failures. They admit their mistakes and work to correct them.

Some people are proud of their prejudices. Others wear bigotry as a badge of honor. The ignoramus relishes his own stupidity.

Such bovine complacency is the opposite of enlightenment. Conformity and obedience are easy. But cud-chewing contentment is beneath the dignity of human being. And docile herds are susceptible to the whims of the demagogues. Fanatics manipulate superstition, while tyrants prey upon a compliant populace.

CUD-CHEWING CONTENTMENT IS BENEATH THE DIGNITY OF HUMAN BEING.

Enlightenment is not easy. It is hard to think for yourself. Some claim that ignorance is bliss. But ignorance is not bliss – it is merely the path of least resistance.

To claim that ignorance is bliss is to deny our innate inquisitiveness. We are born ignorant. But we have a thirst for knowledge.

Education feeds off of curiosity. It questions everything and stimulates further inquiry. A good education arouses our mental energies. A great education leaves us with burning questions.

Laziness, cowardice and self-interest occasionally get in the way. It is easy to rest comfortably in our misconceptions. No one is completely wise or perfectly moral. Dark spots of ignorance remain within each of us. But the solution is obvious: more enlightenment and less stupidity.

Our schools and universities are a product of the Enlightenment, as is our republic. Democracies flourish under conditions of enlightenment. They falter when ignorance grows. They thrive when citizens dare to be wise.

Read more here: http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article78862672.html#storylink=cpy

Religious Pluralism

Today, It’s Impossible to Ignore Religious Diversity

Shreveport Times, Sunday Feb. 21, 2016

It may have once been possible to ignore religious diversity. But globalization, immigration, and the Internet have ended the illusion of homogeneity. We disagree about religion. In fact, people have always disagreed about religion. The best solution for living well in the midst of radical religious disagreement is an open-mind, a compassionate heart, and a political system that provides for extensive religious liberty.

FialaShreveOpEdWhile the candidates slug it out on campaign trail, President Obama has been actively reaching out to diverse religious communities. He has offered insight into the problem of religious diversity—and created an opportunity for philosophical reflection on this crucial topic.

Obama spoke as the Israeli embassy in January. He visited a mosque in early February. Two days later, he spoke to a multi-faith assembly at the National Prayer Breakfast. Obama is spreading a message of inclusion, tolerance, and hospitality.

At the Prayer Breakfast, Obama said we should pray, “that our differences ultimately are bridged; that the God that is in each of us comes together, and we don’t divide.” That’s an important idea at a time when religious violence is on the rise and mainstream parties are flirting with intolerance.

We certainly need more tolerance and hospitality. But we also need to understand that behind these important values there are deep and substantial disagreements. And we need to see the value of secular systems of government, which protect religious liberty, while permitting substantial disagreement about fundamental things.

Some people affirm a light and breezy kind of pluralism, which holds that all religions point in the same direction. That’s a nice idea. But it is not true. Christians, Jews, Muslims, Hindus, Sikhs, Buddhists, and atheists disagree about fundamental truths.

We should admit these disagreements. Indeed, the fun of studying religion lies in discovering new and interesting ideas about fundamental reality. Our differences are important. But we can agree to disagree and thereby avoid violence, hatred, and bigotry.

Tolerance is a value for mature people, who are brave enough to acknowledge that disagreement is not a threat. Hospitality is a value for people who are curious about the wild and wonderful ideas that strangers have. Inclusion is a value for those who feel compassion for the excluded and abused.

The way forward is to cultivate courage, curiosity, and compassion. We need to understand the depth of religious diversity, while affirming the importance of toleration, inclusion, and hospitality.

At the Israeli embassy Obama stated, “An attack on any faith is an attack on all of our faiths.  It is an attack on that Golden Rule at the heart of so many faiths…” He is right. We need to imagine ourselves as “the other”—as a stranger in a strange land, where people believe strange things—and imagine how we would like to be treated.

This is a deceptively simple solution to intolerance. The Golden Rule is part of a common ethical core found in the world’s religious traditions. That ethical core is shared despite radical disagreement about other things.

The Golden Rule provides a basis for hospitality and inclusion. But political toleration rests on slightly different grounds. The First Amendment to the Constitution says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Behind this idea is an entire philosophy of politics and religion. The political philosophy of secular states holds that government should stay out of the religion business and that each person should be free to find their own answers to questions of ultimate concern. Related to this is a conception of religion, which holds that religion is something private and internal to persons.

External conformity has little to do with sincerity of belief. And religious faith cannot be subject to coercive force. I could torture you and force you to make a confession of faith. But a coerced confession does not indicate what you truly believe.

If the state uses its power to enforce religious conformity, all we end up with is violence and misery—but no increase in faith. Indeed, coercion often backfires in the realm of ideas, since it discredits the ideas of those who resort to force.

At the National Prayer Breakfast Obama pointed out that “fear does funny things.” Fear, he said, can lead us to lash out against people who are different. And it can erode the bonds of community. When we are fearful we resort to coercion. We want to destroy the thing we fear and we learn to hate.

The solution is an education that creates curiosity and compassion. Martin Luther King, Jr. once explained that “Men often hate each other because they fear each other; they fear each other because they don’t know each other; they don’t know each other because they can not communicate; they can not communicate because they are separated.”

King is right. The more you know, the less you hate. The foundation for a better world rests upon toleration, hospitality, and inclusion. Our ongoing task is to strengthen that foundation and build upon it—in our schools and institutions, and in our hearts and minds.

 

 

 

The power of tears

Big Boys Do, and Should, Cry

Fresno Bee, January 29, 2016

  • Politicians weigh in on the power of tears
  • Our ideas about crying men have changed
  • Can tears be faked and how would we know?