Talking About Natural Law With Children

Last Thursday, thanks to New York City public schools taking a ‘mid-winter break,’ my daughter accompanied me to Brooklyn College and sat in on two classes. My students, as might be expected, were friendly and welcoming; my daughter, for her part, conducted herself exceedingly well by taking a seat and occupying herself by drawing on a piece of paper and often, just paying attention to the class discussion. She did not interrupt me even once; and I only had to ask her to pipe down a bit when she began humming a little ditty to herself. After the second class–philosophy of law, which featured a discussion of St. Thomas Aquinas and natural law theory–had ended, I asked her what she thought the class was about. She replied, “it was about good and bad.” This was a pretty good answer, but things got better the next day.

On Friday, as we drove to gym for my workout and my daughter’s climbing session, I picked up the conversation again, asking my daughter what she made of the class discussion and whether she had found it interesting. She said she did; so I pressed on and the following conversation resulted:

“Let me ask you something. Would you always obey the law?”

“Yes”

“What if the law told you to do something bad?”

“I would do it.”

“Why? Why would you do something bad?”

“Because I don’t want to go to jail.”

“You know, I’ve been to jail twice. For breaking the law.”

“Why?”

“Well, one time, I was angry with one country for attacking people and dropping bombs on them, so I went to their embassy and protested by lying down on the street. When the police told me to move, I didn’t, and so they arrested me and put me in jail for a day. Another time, I protested our university not paying the teachers enough money for their work, and I was arrested again for protesting in the same way.” [Strictly speaking this is a bad example of civil disobedience; I wasn’t breaking a law I thought unjust, rather, I was breaking a law to make a point about the unjustness of other actions.]

“Did they feed you in jail?”

“Yes, they did.”

“Oh, that’s good.”

“Well, so what do you think? Would you break the law if it told you to do something bad?”

“No.”

“Why not? The law is asking you to do something bad.”

“What if I was wrong?”

“What do you mean?”

“What if I was wrong, and it wasn’t bad, and the policeman put me in jail?”

“What if you were sure that you were being asked to do something bad?”

“Then I wouldn’t do it.”

“Why?”

“Because I don’t want do bad things.”

“But isn’t breaking the law a bad thing?”

“Yes.”

“So, why are you breaking the law?”

“Because it’s asking me to do a bad thing.”

At this point, we were close to our turn-off for the gym and our parking spot, and so our conversation ended. A couple of interesting takeaways from it:

1. We see the social construction of a legal order here in the making; at the age of five, my daughter has already internalized the idea that breaking the law is a ‘bad thing’ and that bad things happen to those who break the law. She can also identify the enforcers of the law.  This has already created a normative hold on her; she was inclined to obey the law even if it asked her to do something bad because she was worried about the consequences.

2. My daughter displayed an interesting humility about her moral intuitions; she wasn’t sure of whether her thinking of some act as ‘bad’ was infallible. What if she was wrong about that judgment?

Note: My reporting of the conversation above might be a little off; I’m reproducing it from memory.

The Ones That ‘Get Away’

Every year, every semester, there they are: the barely visible, the unobtrusive, the ones who hardly register, who barely leave a trace.  There they are, every semester, filing into my classroom, sometimes staking out corner positions, sometimes not. (Sometimes they will attend, sometimes not.) They will not speak, they will show varying amounts of interest in classroom proceedings; they seem curiously bemused by, detached from, all that seems to be taking place around them. I try to reach out, sometimes with carrot, sometimes with stick. My success rates remain mixed. Every semester, some students come and go, and as finals and grading come and go too, I realize we could both say about each other, “I hardly knew ye.”

I do not think these students are just slackers or anything like that. Many, I’m sure, are introverted, shy, withdrawn, reluctant to speak up in a room full of strangers and a person of authority and risk their silent ridicule; yet others are victims of a bureaucratic arrangement which ensures that they have registered for a class because it was: a) an onerous degree requirement whose rationale they do not understand; b) an eligible elective that worked with their work-and-personal-and academic schedule. Whatever the reason, the student in question is present, and yet not.

Every semester, some measure of guilt and self-doubt with regards to this situation afflicts me: Did I try hard enough to reach out to the student concerned to find out how they were  finding the readings and class discussions? Did I just concern myself with the ‘easy cases’ and shrink from the true pedagogical challenge at hand? I feel this especially acutely because I know that on many occasions someone who has seemed quiet and distant all semester long will suddenly reveal, in the course of a one-on-one conversation in my office–perhaps following a paper review session or something like that–that great depths lurk beneath that placid exterior. Sometimes it is evidence of a sparked interest in, and actual engagement with, the readings and classroom discussion; sometimes a minor personal remark will help me realize why this student maintains the distance he or she does. On these kinds of occasions, I feel a flush of shame run through me for having thought unkindly about this human being–one as conflicted and confused as me.

Whatever the reason for this failure to establish communication and contact with my students, every semester ends with some melancholia and regret on my part. I will probably not see them again; they will go on their own way. We spent fourteen weeks together, meeting twice a week for seventy-five minutes, but we didn’t ‘get to know each other.’ I sense an opportunity lost, one never to return. I know I’m a finite being with finite resources of interest and energy–intellectual and emotional; sometimes I do not have enough to take on board all the challenges my student raise. I know that as a teacher, I’m supposed to play additional roles as well–an amateur therapist and social worker at times. Failure in those roles needn’t be an indictment of me as a teacher but I wonder if I fail in the basic human dimension of failing to show interest in those who come into contact with me for an extended period of time. It’s a thought I will take forward with me to the next semester, already visible on the horizon as this one winds down.

Teaching Gone Bad: Reflections On A Semester Gone Wrong

Teaching has gone wrong this semester. I do not need to wait till the end of this semester to write my usual self-assessment; this semester has been a disaster. Two of my three classes are dead in the water, drifting aimlessly; my students and I are locked in a fatal embrace of disinterest and mutual distrust. They do not do the readings or display interest in class; I fail to generate interest in the readings, to hold their attention, to provoke their enthusiasm. We have both dropped the ball; the failure is joint and collective; I do not think this is an unfair indictment. It is clear to me that I’ve gotten the syllabus for one class terribly, terribly wrong–though I wonder if any readings could have held the interest of the particular group of students registered for that class; in another class, I remain happy with my reading list but find myself increasingly frustrated by the students’ utter lack of engagement with the material. Unsurprisingly, I’m teaching worse, and it shows: my students’ expressions assure me they have noticed and are responding. I have, out of frustration, muttered irritably in class about the need for greater engagement with the readings, for the need for written responses to the readings (which I sometimes fail to collect, so passive have I become); my students seem to listen, but their actions indicate only partial comprehension and compliance. Once, in a fit of irritable anger, I informed my class that they did not have to attend if they were not interested in the material, that life was short, and they should expend their time wisely; my students have smartly taken me up on the offer and voted with their feet. Yesterday, in one class, out of twenty-five students, only four bothered to show at class time. Another one drifted in at his usual thirty-minutes-late mark; two others staked out spots a little earlier. The disaster is complete; you can stick a fork in these classes; they are done, done, done.

I have often written here of the best of the teaching experience, of its utter indispensability to my intellectual life; this is the worst of the teaching experience, generating a demoralizing experience that corrodes my sense of self-worth and induces acute cognitive dissonance about my career choices and my identity as a teacher. The end of the semester seems too far; I cannot rely on any running out the clock strategies; the only way out is through. I do not seek advice from my peers; they will not tell me anything I do not already know. This is not arrogance, but hard-won knowledge. Some pedagogical strategies are impossible–for a variety of reasons–for me to implement; yet others have already been tried. Teaching despair is at hand; I do not know how to put all of us, teacher and student alike, out of our collective misery.

Every happy class is alike; every unhappy class is unhappy in its own distinctive way. I’ve found my personal and private version of teaching hell this semester. May it not be anyone else’s.

Catharine MacKinnon’s Feminist Jurisprudence In The Classroom

Next week, students in my Philosophy of Law class will read and discuss Catharine MacKinnon‘s ‘Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence‘  (Signs, Vol. 8, No. 4 (Summer, 1983), pp. 635-658). MacKinnon’s writings have featured once before on my reading lists–for my graduate ‘Nature of Law’ seminar at the City University Graduate Center in 2015. She is always a teaching challenge: she is provocative, invariably evoking strong reactions from her readers, and often, a dense read. No matter what the class’ reaction to the assigned reading as students read it on their own, I’m reasonably hopeful that passages like the following will provoke discussion when we gather in the classroom:

Feminism does not begin with the premise that it is unpremised. It does not aspire to persuade an unpremised audience because there is no such audience. Its project is to uncover and claim as  valid the experience of women, the major content of which is the devalidation of women’s experience.

This defines our task not only because male dominance is perhaps the most pervasive and tenacious system of power in history, but because it is metaphysically nearly perfect. Its point of view is the standard for point-of-viewlessness, its particularity the meaning of universality. Its force is exercised as consent, its authority as participation, its supremacy as the paradigm of order, its  control as the definition of legitimacy. Feminism claims the voice of women’s silence, the sexuality of our eroticized desexualization, the fullness of “lack,” the centrality of our marginality and exclusion, the public nature of privacy, the presence of our absence. This approach is more complex than transgression, more transformative than transvaluation, deeper than mirror-imaged resistance, more affirmative than the negation of our negativity. It is neither materialist nor idealist; it is feminist. Neither the transcendence of liberalism nor the determination of materialism works for us. Idealism is too unreal; women’s inequality is enforced, so it cannot simply be thought out of existence, certainly not by us. Materialism is too real; women’s inequality has never not existed, so women’s equality never has. That is, the equality of women to men will not be scientifically provable until it is no longer necessary to do so. Women’s situation offers no outside to stand on or gaze at, no inside to escape to, too much urgency to wait, no place else to go, and nothing to use but the twisted tools that have been shoved down our throats. If feminism is revolutionary, this is why.

I hope to write here next week on the how the classroom discussion went.

Brooklyn College’s Disrepair And The Attack On Public Education

Over the past two weeks, I’ve sent the following emails to my departmental faculty list, complaining about the state of classrooms at Brooklyn College. First on Thursday, September 7, I wrote:

Once again, this semester, I’m teaching in 4145 and 4219 Boylan. These classrooms are a disgrace. The air conditioner is so loud we cannot hear each other in class, and if you switch them off, you swelter. Yesterday, while teaching in 4145 Boylan, there was loud construction going on elsewhere in the building; no one knew what was going on. It took two phone calls to get someone to respond. That consumed 30 minutes of my class time. Meanwhile the airconditioner was not working at all, and my students and I were sweating profusely. This happens every semester in these classrooms. This is a ludicrous situation.

Then, yesterday, after further aggravation, I sent an angrier email:

In my initial email I had forgotten to make notice of 3150 Boylan. That classroom has destroyed my Social Philosophy class this semester; every class is hijacked by the noisy generators/cooling units outside; if you close the windows, you have to have the AC on; if you have the AC on, we can’t hear each other; if you open the doors and windows it’s too noisy. My students were walking out to get water, fanning themselves, talking to each other, complaining; and they were right.  Discussing Arendt’s critique of Marx seemed besides the point.

I refuse to teach in that classroom. Either Brooklyn College changes my classroom, or I’m not teaching. Or we can just meet there and hang out for 100 minutes if the college insists. But I won’t be teaching. If this college cannot provide working conditions that meet some minimum standards they should refund our students their tuition, and shut down this disgrace.

I’m so livid right now; every class of mine is an exercise in futility.

Meanwhile on September 12th, my colleague in the Sociology Department, Carolina Bank Munoz, wrote (on her Facebook page):

In 2016 Brooklyn College had a 5 million dollar budget cut, in 2017, 8 million, and now in fiscal 2018 we are facing a 10 million dollar cut. This is simply unsustainable. [New York state’s governor Andrew] Cuomo is literally killing CUNY. Yet undergrad enrollments are 25% higher than last year.

Brooklyn College’s state is quite typical of the institutions of public education in this city (public schools included)–that includes other colleges at the City University of New York, one of the nation’s largest and most diverse systems of college-level public education. Tuition continues to rise; administrator salaries continue to rise; the size and comfort of administrator offices grows; faculty share offices that are often equipped with printers that don’t have cartridges, but the place where the actual learning happens, where teachers and students meet continues to fall apart. The strategy being followed at CUNY is quite clear, has been for some time, and follows a pattern of declining public investment nationwide geared toward one goal: to make public education, like other public institutions, so broken, so unsustainable, that the only viable alternative will be their privatization, to be sold off to the highest bidding carpetbagger.

My options are limited: I’m reluctant to ask for an official room change for fear I will get a room that is worse–that might sound hard to believe but trust me, it’s possible; my class sizes–ranging from 25-30 students–is too large to allow the use of my office or the department lounge; and noise and commotion prevents the using of the school quad. I intend to escalate this confrontation by approaching the administration. I expect to be met with a shrugged shoulder and some muttering about ‘budgets.’

This is not the first time I’ve complained about CUNY classrooms. I did so last year following a New York Times article on the sad state of CUNY. Read my post–which also contains a rant about classrooms–and the New York Times article and weep if you care about public education and public institutions. My conclusion then is the same one I’ll draw today:

A nation that denies the value of public education, that makes it into the privileged property of a few, to be paid for under severely usurious terms, is not a republic any more; it has dynamited the wellsprings of its social and political orders.

 

Anticipating Another Encounter With Books And Students

This coming fall semester promises to be a cracker: I have the usual heavy teaching load of three classes (including two four-credit classes whose lectures will be one hundred minutes long, thus making for a very exhausting Monday-Wednesday sequence of teaching running from 9:05 AM to 3:30 PM, with an hour break between the second and third class meetings); and I will be trying to make some headway on a pair of manuscripts, both due next year in May and August respectively (one project examines the Bollywood war movie and the Indian popular imagination, another conducts a philosophical examination of the Indian film director Shyam Benegal’s work.)

The three classes I will be teaching this semester are: Social Philosophy, Philosophy of Law, and Landmarks in the History of Philosophy. The following are their reading lists: the first two classes below feature my favored kind of reading assignments–pick a few select texts and read them from cover to cover; this is a slightly risky move, given that my students–and  I–might find out, together, that the text is ‘not working.’ For whatever reason; some works do not bear up well under closer inspection in a classroom, some material turns out to be tougher to teach and discuss than imagined, and so on. When it works though, a detailed and sustained examination of a philosophical work pregnant with meaning can work wonders, allowing my students and I to trace the various strands of complex arguments at leisure, drawing out their many interpretations and understandings as we do so.

Social Philosophy: 

Hannah Arendt, The Human Condition, University of Chicago Press; 2nd ed., 1998,

Herbert Marcuse, One-Dimensional Man, Routledge Classics,

Sigmund Freud, Civilization and its Discontents, W. W. Norton & Company, 1989,

Landmarks in the History of Philosophy:

William James, Pragmatism, Dover, 1995

Mary Wollstonecraft, A Vindication of the Rights of Woman, Dover, 1996,

Thomas Szaz, The Myth of Mental Illness, Harper Perennial

Philosophy of Law: 

‘The Case of the Speluncean Explorers’ by Lon Fuller (to introduce my students–briefly and vividly, hopefully–to theories of natural law, positivism, and some tenets of the interpretation of legal texts.)

HLA Hart, ‘On Primary and Secondary Rules’

Justice Oliver Wendell Holmes, ‘The Path of the Law’

David Caudill and Jay Gold, Radical Philosophy of Law

Besides these three classes, I will also be conducting an independent study with an undergraduate student on the relationship between Nietzsche’s writings and Buddhism; this promises to be especially fascinating. The following is the list of books my student and I will work through over the course of the semester:

Nietzsche and Buddhism: A Study in Nihilism and Ironic Affinities

Nietzsche and Zen: Self Overcoming Without a Self 

Nietzsche and BuddhismProlegomenon to a Comparative Study

Nietzsche and Buddhist Philosophy

Every semester, as always, brings on that same trembling anticipation: books and students and all the promises those encounters hold–the revelations, the surprises, the discoveries, the missteps. What a great way to spend one’s waking hours; I will have ample opportunities to count my blessings in the weeks that lie ahead.

Yet Another Teaching Self-Evaluation

Time again, for a teaching self-evaluation. This semester, I taught three classes, and ran three independent studies. This workload was a mistake. I use the term ‘mistake’ because I signed up for those independent studies; that is, I chose to over commit myself. I had foolishly imagined I would be able to do justice to these multiple commitments; I soon found not I could not keep up. The result was one of the most disorganized semesters I’ve ever suffered–or made others suffer. The time taken up by class meetings–including the discussion sessions with my independent study students–and class preparations, reading weekly written responses, grading, office hours, and so on, quickly swamped many other commitments; and I failed to respond with adequate organization. (Yes, that dreaded ‘time-management.’) My students felt this lack of disorganization; I constantly felt harried, underprepared, late, and negligent. Several students complained to me that I did not respond to their emails in time; in each case, they were correct. I also committed the mistake–out of sheer emotion and physical weariness–of not sticking to my specified restrictions on assignment deadlines; the result was a blizzard of late submissions and resubmissions. Which of course just further increased my sense of disorganization. One manifestation of my harried feeling this semester was that I walked out of a class meeting when it became apparent to me no one had done the reading; I’ve done this three times in my fifteen years at Brooklyn College, and on each occasion, the fury I evinced left me feeling empty and spent. And my students bewildered.

What went well? I enjoyed great classroom interactions–of varying kinds–with two out of my three classes. Two of my three independent studies went well in terms of the quality of the discussions I had with my students. I used new syllabi for all classes; this was required for one class, which was new, while the other received makeovers; and in general, my selections–four ‘religious novels’ for my Philosophical Issues in Literature class; Plato, Hume, and Nietzsche for my Landmarks in Philosophy class; and Marx, Weber, and Durkheim for my Social Philosophy class–went over well with my students. (Some students, quite understandably, found the assigned readings from Weber a little too dry.) Many students impressed me with the quality of their responses to the readings, and by the sophistication and thoughtfulness of their papers. Some told me they enjoyed my teaching; an affirmation that is always gratifying. Some of these responses, to be honest, brought tears to my eyes; they included comments about my ‘passion for teaching’ and how I had ‘taught them a lot.’ I do not think I can adequately convey my emotional state on hearing my students express themselves so openly and emotionally to me in these personal and private encounters. I also think I did a good job in my one-on-one interactions with students when going over their papers with them; almost everyone I worked with told me they found these sessions useful.

So, another semester of learning–in both directions–comes to a close. Teaching remains my greatest philosophical passion; and my partners in this enterprise–my students–continue to enrich my engagement with philosophical thinking. I’m looking forward to the summer’s travel and writing plans, but I’m also looking forward to the teaching in the fall–more new syllabi, more unread books to be worked through. Hopefully, I’ll be a little wiser then too, and will have learned from this semester’s mistakes.