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.

Vigilance, Patience and Hope: The Drive Toward Enlightenment

Fresno Bee, December 27, 2020

On the longest night of the year, we drove through the fog looking for starlight. Other people had the same idea of driving uphill to see the conjunction of Jupiter and Saturn. In a parking lot in Prather, carloads of masked stargazers emerged from the fog and looked toward the heavens, seeking the Christmas star.

We are all looking for inspiration these days. If you rise above the fog, there are wonders to be found.

The last time the planets lined up like this was 800 years ago. The stars move at their own pace. We must learn to wait and keep our eyes open. The philosopher Marcus Aurelius said that stargazing washes away the filth of the earth. The cosmos teaches patience and perseverance.

This was a star-crossed year. Disease killed people and jobs. Our democracy teetered on the brink of disaster. Let’s drink a toast to all we’ve lost and endured. Let’s also learn from the light that shined in the darkness. If there is wisdom in the gloom, it comes from the values of the Enlightenment. It was science and law that prevented 2020 from being darker than it was.

When the Black Death hit Europe in the Dark Ages, astrologers blamed it on a triple conjunction of Jupiter, Saturn, and Mars. We know much more today about the stars and about disease. We know how to prevent contagion and predict the weather. We peer into the molecular basis of life and into the depths of space. We build vaccines and satellites. Let’s give thanks to the scientists who shed light.

One of the wonders of 2020 was the growth of virtual reality. Satellites, computers, and cell phones kept us connected in the gloom. Without these technologies, social distancing would have been impossible. Let’s give a shout out to the wizards of Silicon Valley.

Telecommunication transformed the field of education. Difficulties remain, including educational inequity and a digital divide. But students are learning in ways that could not have been imagined last year. Hurray for the educators — and the students and parents — who pioneered a new model of teaching and learning.

Our civic values were challenged in unprecedented ways. The year began with impeachment. It ended with outrageous falsehoods about a stolen election. This was a year of protests and anger. We are more polarized than ever. Racial animosity afflicts us. There is corruption in the halls of power.

But citizens enlightened ourselves about history and the Constitution. And ethical professionals held back the darkness. Lawyers and judges remained committed to their code of ethics. Soldiers, cops, and firefighters did their duty. Business leaders supported justice and the common good. Nameless bureaucrats served with honor and integrity. Enlightenment depends upon the good work of citizens and civil servants.

As this pestilential year comes to a close, what should we resolve for the future?

I propose we need to affirm the value of vigilance. “Eternal vigilance is the price of liberty,” they say. This is common sense for those who drive through fog. We must be mindful and alert. Watchful care is the key to enlightenment.

Vigilance is the moral of Albert Camus’s novel, “The Plague.” That book is an allegory about the plague of totalitarianism in the 20th century. Camus noted that plagues stimulate enlightenment by opening our eyes. We must learn “a vigilance that must never falter.” The good man, Camus said, “is the man who has the fewest lapses of attention.”

The stewards of civilization must be watchful, as we drive toward the light. New diseases are waiting to infect us. A random sneeze can start a pandemic. Tyrants and crooks wait to take advantage. Indifference leads to disaster.

Enlightenment is not something that just happens. Our scientific and technological prowess is the result of centuries of cultural evolution. Our legal system has a similar heritage. And the work of education is never done.

On sunny days, it’s easy to let your guard down. When the fog comes, it is easy to lose hope. But there are stars above the haze. Good and decent people live nearby. Science and reason provide hope in the darkness. Patience and vigilance keep us moving toward the light.