Tag: tyranny

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Is Justice Impartial or is Trump Right about Power Run Amok?

Fresno Bee, April 21, 2024

Skepticism about the Trump trials extends to cynicism about the entire political system

Can justice be impartial? This is an ancient question raised anew by the trials of Donald Trump, who has denigrated his indictments as politically motivated “witch hunts.” In Trump’s telling, this is all the work of biased prosecutors and “crooked” or “corrupt” judges.

Trump does not say that he will be vindicated in court by showing evidence and making arguments before the jury. Rather, our leading candidate for president casts doubt on the impartiality of the judicial system itself.

For Trump, justice is primarily a matter of power. He has said he will go after “the Biden crime family” if elected. He used to say he wanted to lock up Hilary Clinton. The Trumpian theory is that whoever is in power gets to punish those who are not in power.

This is an ancient idea. In Plato’s Republic, it is articulated by a character named Thrasymachus, a Greek name that means something like “fierce fighter.” Thrasymachus says justice is whatever the stronger party says it is. Plato rejects this as a tyrannical idea.

As I discuss in my book on Trump and tyranny, a tyrant desires the godlike power to create the law in his own image. This way of conceiving justice is based on bad theology and a pernicious view of political life. God is not a tyrant who arbitrarily makes up the law, but human tyrants and tyrannical regimes do behave in this capricious way.

The antidote to the tyrannical idea of justice is natural law and natural rights. Natural law holds that actions are objectively right or wrong, and that the legal system ought to administer justice impartially. On this theory, there is an objective truth of the matter, and punishments are meant to fit the crime.

A related idea focuses on producing good social consequences by using punishment to deter crime. This approach depends upon a general commitment to the rule of law as a good thing for individuals and society. But there are limits to what can be done in pursuit of “domestic tranquility.” Terrifying and arbitrary punishments may work to “scare people straight,” as the saying goes, but the Eighth Amendment of the Constitution prohibits the sorts of cruel and unusual punishments used by tyrannical regimes.

Further, a stable political and legal system depends upon basic standards of evidence and proof. Such a system assumes (for the most part) an objective account of knowledge and truth. This assumption holds that facts exist and that reasonable people — a jury of your peers — will tend to agree about evidence and argument.

But when people do not agree about the status of the evidence, the arguments or the value of the law itself, there is the risk of chaos and violence. Cynics will claim that since the whole thing is a farce and there is no such thing as objective justice, then there is nothing left but struggles for power.

This seems to be the point of the Trumpian effort to muddy the water with regard to proof, evidence, facts and institutions. Trumpians suggest that there are “alternative facts” and “fake news.” They claim that the system is a “swamp” that needs to be drained. In this environment, skepticism about the Trump trials extends to cynicism about the entire political system, including the electoral process. Thus, those jailed for their criminal acts on January 6 become “hostages” captured by those in power, whom Trump has pledged to pardon.

With all of this on the table, it is clear that the Trump trials are of the utmost importance for the body politic. These are public performances of the law in which impartiality, objectivity and justice are themselves on trial. The audience for this trial is “we, the people.” As these trials unfold, we must ask ourselves about our faith in the system: Is the criminal justice system a travesty of power run amok? Or is it possible for justice to be neutral, objective and truthful?

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article287736320.html#storylink=cpy

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Tyranny from Plato to Trump

I’m pleased to announce the publication of my new book, Tyranny from Plato to Trump: Fools, Sycophants, and Citizens.

The book offers insight into the perennial problem of tyranny. Tyrants seek to grab power. They are supported by sycophants. And cheered on by fools. This is a political problem as well as a social and spiritual problem. There are tyrants in our families and in our businesses. There is also a tyrannical tendency in our souls. The same is true of the tendency to suck up to the powerful. And each of us can behave moronically, more interested in amusement than ethics or truth.

The cure is spiritual and political. We benefit from self-examination. And we need social and political guardrails that prevent tyrants from consolidating power.

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January 6: American Democracy and the Challenge of Tyranny

Fresno Bee, January 9, 2022

The American political system remains in crisis, one year after the Jan. 6 riot. A recent poll shows that 40% of Americans believe that the 2020 election was illegitimate. The same poll indicates that a majority of us fear the future will bring more political violence.

This is alarming. But polarization and distrust are par for the course in the American system. This dysfunction is a feature of the system, and not a bug. Conflict was hard-wired into a system that was set up to safeguard against tyranny.

I explore this idea in more detail in my forthcoming book, “Tyranny from Plato to Trump.” The American founders were focused on preventing tyranny. They were less interested in efficiency than in preventing the consolidation of power.

The question of whether our system is working depends upon what we think this system is supposed to be doing. If we think the government is supposed to respond to the will of the majority, we will be disappointed. But if we think that the American system is intended to prevent tyranny, then the virtue of its dysfunctional design becomes apparent.

The problem of tyranny is an ancient one. In the ancient world, political power was often consolidated in the hands of a strongman. Sophocles warned against the hubris of Oedipus. Plato warned that tyrants were predators who preyed upon their own people.

The American founders studied ancient philosophy and literature. They accused the British king of behaving tyrannically. When they set up the American system of government, they were interested in preventing tyranny by establishing the Constitution’s separation of powers. James Madison defined tyranny as the “accumulation of all powers” in the “same hands.” The solution is a system in which divided powers limit each other. As Madison put it, “Ambition must be made to counteract ambition.”

The good news about the American system is that its checks and balances worked to prevent Donald Trump from consolidating power. Local officials refused to comply with Trump’s effort to overturn the 2020 election. The House impeached the lame duck president. The courts provided independent confirmation of the integrity of the election. Members of Congress certified the election, led by Vice President Mike Pence. And when the Capitol was assaulted by an angry mob, those insurrectionists were arrested, put on trial and convicted.

All of this is part of a slow and messy process. This is the way the American system is designed to work. It moves slowly and incrementally. It is not easy for a strongman to take control in this system and purge his enemies. Nor is it easy for democratic majorities to enact radical change. There is too much friction built into the system for quick and radical solutions.

Some people don’t like this sluggish system. Some long for a nimble system that can react quickly to emergencies. A number of people even seem to desire a savior who would ride to the rescue with a flaming sword.

But the people’s desire for a savior can be exploited by would-be tyrants. In response to emergencies, the people are often willing to sacrifice ethics in the name of expedience.

History teaches us that there are no saviors. It shows us that when power is concentrated, corruption is sure to follow. Atrocities occur when reaction outpaces rationality.

The U.S. Constitution is not perfect. It was flawed at the start, since it permitted slavery. A civil war was fought to eliminate that peculiar form of tyranny. Other corrections and improvements followed.

It took centuries to improve this system. More work remains to be done. One obvious problem is the inordinate power of small states. Citizens of small states such as Wyoming and Rhode Island have much more representational power than citizens of California. And citizens of Washington, D.C. and Puerto Rico have no real representation.

We ought to continue to improve the system. But this is tedious work. Progress will be slow in coming. And there will be no perfect result.

This will bother those who dream of utopia. But utopias do not exist. The human condition does not permit perfection. There are no political saviors. And the dream of a savior can easily become a tyrannical nightmare.

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Guarding the Guardians through Vigilance, Leadership, and Professional Ethics

Fresno Bee, March 21, 2021

Who guards the guardians? This age-old question points to a fundamental problem in social life. Powerful institutions can be corrupted by bad actors. Oversight depends upon the virtue and vigilance of those who guard the guardians.

Oversight systems should clarify shared values, shed light on misdeeds, and take action to remove bad actors. Of course, this can become problematic, when partisans and cronies engage in cover-ups or refuse to remove the bad apples. Sycophants create elaborate defensive maneuvers. Bureaucratic procedures impede investigations. And sometimes the bad guys skate away.

This happens in the halls of justice, beneath the academic ivy, and behind the stained-glass curtain. Bad cops get away with murder. Perverted priests are shuffled about. Terrible teachers receive tenure. Lawyers and doctors do dumb and dangerous things. And corrupt politicians get pardoned.

Stories of failed oversight can produce deep cynicism. We are rightly appalled by moral failures in churches, schools and governments. It is frightening when the sheepdogs go bad and start preying upon the sheep.

Some cynics choose to trust no one in authority. But radical suspicion is dangerous and dysfunctional. If you suspect that every doctor is a lying cheat, you’ll ignore legitimate medical advice. If you think that all politicians are corrupt, you’ll stop voting. If you are wary of cops and teachers and other authorities, you’ll end up living in an outlaw limbo.

The cynics remind us that trust has to be earned. But trust is rational, much of the time. We make a leap of faith about the sanity and skill of other drivers, every time we get behind the wheel. Usually this works out well enough.

And despite cover-ups, failures, and delays, oversight systems can work. But they only work when leaders lead with integrity and when the rest of us demand accountability.

There are reassuring stories. This week in Fresno, the chief of police and the mayor (who is the former chief) spoke out against racist cops in the police department. The chief, Paco Balderrama, said, “Fair and impartial policing are extremely important in our society. There is no place in our police ranks for any biased, racist, or anti-Semitic views.”

Or consider the growing outrage about the governor of New York. Instead of circling the wagons to defend Andrew Cuomo against charges he sexually harassed multiple women, leading New York Democrats called for him to resign.

This is how oversight ought to work. Allegations of wrongdoing must be taken seriously. Leaders must articulate fundamental values. They must demonstrate their concern for ethics and the truth — in words and action.

This seems simple and obvious. But problems remain. Those who best guard the guardians are also those who possess the requisite expertise and experience to do that job. This often makes them part of a small, tight-knit fraternity. It is easy to give friends and colleagues the benefit of the doubt. And in politics especially, there are self-interested reasons for covering-up wrongdoing.

Plato proposed an ideal solution. He wanted only the wisest and most virtuous people to serve as guardians. But this solution requires another leap of faith. Philosopher-kings will be tempted to abuse their power. And who will hold them accountable or remove them when they become tyrannical? Plato left that unexplained.

The modern American solution points in a different direction. Instead of concentrating power in the hands of a small group of guardians, we spread the oversight power in a more democratic fashion. This is our celebrated system of checks and balances, intended to prevent bad actors from consolidating power.

This clunky system prevents tyranny. But it does not necessarily work to regulate doctors, teachers, and other non-elected authorities.

This is where professional ethics comes in, along with external oversight and legal liability. Professions are mostly self-regulating. Doctors supervise other doctors. Professors certify other professors. And so on. Much depends on the virtue and wisdom of the professionals themselves. But external auditors and lawsuits also shed light.

At the end of the day, in a democratic country, oversight depends upon what “we, the people” demand. Who guards the guardians? Well, we do — in our professional lives and in the voting booth. Cynicism won’t improve the world. Only virtue and vigilance can do that.

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Tyranny and Love

Fresno Bee, February 14, 2021

Love is powerful and perilous. It arouses and inspires, transforms and uplifts. But love can also be manipulated and exploited. Child abuse and domestic violence are appalling perversions of love, as is tyranny.

Love hovers in the background of the Trump impeachment. The violence of Jan. 6 was inspired by a strange love. At the rally that led to the insurrection, Trump thanked the crowd for their “extraordinary love.” The crowd chanted in reply, “We love Trump.” As those chants morphed into, “Fight for Trump,” the erotic became violent.

Trump eventually called for peace in a video where he described his opponents as “so bad and so evil.” He told his followers, “We love you. You are very special.”

This is not, of course, how love is supposed to work. Love is not supposed to look like a violent mob, a battered wife, or a cowering child. Love should make things better, not worse. It ought to be grounded in dignity and truth. It should enrich and include.

Love is easily manipulated. The abuser takes advantage of his lover’s infatuation. The gullible child, the frightened wife, and the devoted loyalist are bewildered by perverted eroticism. The victims of erotic exploitation are confused by lies, threats, and gaslighting. Their trust is twisted, their emotions manipulated.

The Greeks pictured Eros, the god of love, as a mischievous spirit. Eros inspires courage and sacrifice. But this can become fanatical. Eros afflicts us with a kind of madness that connects us to the divine. But love often becomes its opposite.

Freud suggested that eros and aggression are intertwined. Love inspires us to courageously defend those we love against insults and threats. This natural instinct distinguishes friend from foe. When this instinct is perverted, it fuels racism and ethnic violence. In joining together with those we love, we sometimes turn against those we hate.

Love is also connected to power and to madness. Erotic love can make people do crazy things. The sexual appetite destroys common sense.

Plato linked the madness of love to tyranny. He recognized that love empowers the tyrant. The tyrant’s self-love is excessive. Despite his narcissism, his followers love him. Their strange infatuation leads them to do shameful deeds on the tyrant’s behalf.

This happens in politics, in cults, and in families. Sadistic husbands, abusive priests, and vicious politicians remain beloved despite their crimes. This is as irrational as it is dangerous. Misguided love encourages and apologizes for the tyrant’s transgressions. The wife refuses to press charges. The cult closes in to protect the abuser. The partisans rally round the tyrant’s flag.

Despite what he says, the tyrant does not really love his adoring disciples. He loves only himself. When the chance arises, he will throw his devotees under the bus without blinking an eye.

Genuine love is different. The Apostle Paul said that love is patient and kind. It is not aggressive or easily angered. It is not proud or self-serving. It rejoices in the truth. Christians maintain that God is love. The Christian vision of love involves giving and forgiving, mercy and sacrifice.

A similar idea is found in Plato, who suggested that Eros holds the key to virtue and happiness. Tyrannical love closes us off in aggression and violence. Platonic love opens us up to friendship and wisdom.

Love enchants and expands. It leads us beyond the narrowness of ego toward something larger. It widens our circle and enriches the self. Plato said it connects us to eternal truths. Platonic love transforms both self and world. Things become more beautiful and joyful. We are inspired to embrace and to create.

There is energy and light in love. The lover’s flame warms and illuminates. This heat can also burn out of control. Love can sink into possessive jealously. Fanatical desire can become destructive. Tyrants abuse love in families, religions, and states.

The solution is to put Eros on trial. When Eros becomes tyrannical, it must be convicted and corrected. Love ought to help instead of hurt. It ought to decrease violence and build community. It ought to keep us open to the possible. And instead of causing terror and tears, it ought to give us hope.