Dear Men, Shut Up About ‘Due Process’ Already

From sea to shining sea, on social media pages nationwide, brave men are taking up cudgels on behalf of their brothers-in-sex-and-gender, the ones whose lives are facing ruination because of this country’s #MeToo moment, as accusation after accusation of sexual harassment and assault issue forth from women who’ve previously remained silent. In each case, their defense takes an exceedingly simple form: it is to insist on ‘due process,’ to assert that every ‘accused’ has a ‘presumption to innocence,’ that they are ‘innocent until proven guilty,’ that they fear this business of identifying the men who harass and assault in impunity is all too likely to morph into that most dreaded of social epidemics: the witch hunt. Cease and desist, they say; let us wait till ‘the facts are in,’ till a ‘trial’ has taken place and ‘guilt’ has been conclusively established.

There are several–deliberate, I suspect–confusions at play here. Most prominently, this kind of response confuses the standards for a criminal conviction by the state in a court of law with the usual evidentiary standards that underwrite our usual social judgments of misbehavior. A courtroom furnishes one epistemic context; it addresses the imbalance of power that exists between the state and the accused, and puts the burden on the state to prove its point. This standard of proof is relaxed in civil cases, which only require a ‘preponderance of the evidence’ and do not require guilt to be established ‘beyond a reasonable doubt.’ Our day-to-day social encounters furnish yet other epistemic contexts; within them, we are, on a daily basis, subjected to ‘evidence’ of varying  levels of reliability, submitted by sources whom we trust to varying degrees; we act on the basis of these sorts of claims, assessing them using our socially acquired and developed skills of evidence evaluation; we often act on the basis of incomplete or only partially verified evidentiary claims; indeed, we have to, for stasis and inaction are not options more often than not. That is, we do not sit around, waiting for the standards of a criminal court to be satisfied before we act; social ends, desirable ones, have to be met.

Critical legal studies scholars have, for a long time now, identified one dishonorable ideological function that the law and its institutions–among which is legal language–play in our society: the establishment of a kind of ‘rationality’–the legal kind, which ostensibly aspires to the value-free, fact-laden-and-dependent kind of reasoning followed in the sciences–which can then be used to discredit other kinds of reasoning. The invocation of deployment of criminal law’s standards of evidence and its methodology for determining ‘guilt’ in social contexts outside of courtrooms is a good example of this kind of ideological maneuver. This invocation is particularly problematic when it is realized that courtroom deliberations themselves are anything but value-and-bias-free; determinations of guilt in courtrooms are as socially and politically riven as those that take place elsewhere; it is just that legal decisions lay claim to a presumption of having cleansed themselves of prejudice thanks to their supposed circumscription by ‘legal method.’

This particular technique of obfuscation has a long and dishonorable history–and it looks likely to continue for the established future. After all, maintaining this confusion is necessary for the maintenance of established power relations and for the continuance of bad behavior by serial offenders.

Knowing The Time And Manner Of Our Death

The characters in Nevil Shute‘s On The Beach know that barring natural disasters, and other unforeseen circumstances, they will die in a few months time–in September 1963–of radiation sickness, brought on by the thirty-seven day thermonuclear war that has already wiped out life in the northern hemisphere. They know its painful and uncomfortable symptoms–diarrhea and vomiting–will resemble those of cholera; they have the option to commit suicide by using a pill–supplied by the government and made available at local chemists. All humans know they will die; these ones know when and how. (As John Osborne notes, “”You’ve always known that you were going to die sometime. Well, now you know when.”)

Perhaps unsurprisingly, last week, during a classroom discussion centered on Shute’s novel, the following question slowly hoved into view: Would you want to know the time and manner of your death? We live our lives with the knowledge of our certain death; would we want to further refine it in this fashion? Why or why not?  (We could also induce another twist by asking whether, if possessed of this knowledge with regards to someone else, we should tell them about it, without withholding any details. A variant of this situation occurs quite often, I think, in some medical contexts involving terminally ill patients and their doctors. Other twists include the knowledge of the details of, not our deaths, but those of loved ones.)

The answers to this cluster of questions are likely to be quite revealing. Knowledge of the time and manner of death may permit a settling of affairs, a more directed planning of one’s activities, a more systematic prioritization of one’s objectives; it may induce an urgency into our lives that some may find currently lacking. It may have a calming effect on some, But it may also induce paralyzing anxiety for some; the fear of the manner of death–perhaps gruesome dismemberment for some, or brutal murder for others–may have such an effect.

Why is the raising and answering of this question a philosophical exercise? Perhaps because these answers reveal valuations crucial to the chosen path of conduct in our lives–and what could be more fundamental a philosophical question than ‘What is the good life?’ Perhaps because in answering a question about whether some item of knowledge is desirable or not, we may possibly articulate limits on what should be known by us–a puzzle that, in the past, often confronted those who worked on thermonuclear weapons, or as in these days, those who work on cloning technologies. Answering this question could be an introspective and retrospective exercise, forcing not just a look inwards at our beliefs and desires, but also a look backwards at the lives we have lived thus far, an act likely to be imbued with an ethical and moral assessment. Such an examination of our beliefs and our plans for our lives, and the manner in which we would choose to live them, seems a fairly fundamental philosophical activity, perhaps even of the kind that Socrates was always urging on us.


Nevil Shute’s _On The Beach_ And Normative Epistemology

The first reading in my Philosophical Issues in Literature class this semester–which focuses on the post-apocalyptic novel–is Nevil Shute‘s On The Beach. I expected, more often than not, moral, ethical, and political issues to be picked up on in classroom discussions; I was pleasantly surprised to find out that the very first class meeting–on Monday–honed in on an epistemic issue, more specifically, one of normative epistemology: What should we believe? Are beliefs that comfort us–but that are otherwise without adequate evidentiary foundation–good ones? Can they ever be? Under what circumstances?

Dwight Towers, the American Navy submarine captain, is one of those unfortunates who have, thanks to nuclear war, lost their all–their homes, their families–in the northern hemisphere. In Towers’ case, this means his home in Connecticut, and his wife and child. Indeed, this loss provokes his host in Australia, Peter Holmes, to take the precaution of arranging extra companionship–as distraction–for him when Holmes invites Towers to his home for dinner. But Towers does not seem to regard his family as lost. As he attends a church service, Shute grants us access to his thoughts about home:

He would be going back to them in September, home from his travels. He would see them all again in less than nine months time. They must not feel, when he rejoined them, that he was out of touch, or that he had forgotten things that were important in their lives. Junior must have grown quite a bit; kids did at that age.

Later, Shute does the same with Moira Davidson, his new-found female friend in Melbourne, who has seen the photographs of his family in his cabin:

She had known for some time that his wife and family were very real to him, more real by far than the half-life in a far corner of the world that had been forced upon him since the war.  The devastation of the northern hemisphere was not real to him, as it was not real to her. He had seen nothing of the destruction of the war, as she had not; in thinking of his wife and his home it was impossible for him to visualise them in any other circumstances than those in which he had left them. He had little imagination, and that formed a solid core for his contentment in Australia.

Towers makes this explicit:

“I suppose you think I’m nuts,” he said heavily. “But that’s the way I see it, and I can’t seem to think about it any other way.”

These reflections bring us, as should be evident, to the CliffordJames debate. I have taught that debate before–in introductory philosophy classes and in philosophy of religion. The discussions–and judgments–it provokes are often quite illuminating; Monday’s was no exception. The novelistic embedding available here, of course, also enabled a segue into the broader ethics of ‘coping strategies’ and escapism like, for instance, Moira Davidson’s palliative heavy drinking.

I  expect this issue to recur during this semester’s discussions; I look forward to seeing how my students respond to the varied treatments of it that my reading list will afford them.

On The Alleged Undesirability of Inconsistency

Inconsistency in our beliefs–and thus actions–is often held to be not just a cognitive failure, a breakdown of rationality, but also a moral failure of sorts. Sometimes the inconsistent are accused of hypocrisy, of disingenuousness. We are urged to forensically examine their utterances and actions, sifting through the traces they leave, all the better to indict them of a catalog of epistemic and ethical sins. The expression of an inconsistency is also often taken to be a cover-up for a truly held belief, a masking of a sordid reality; there are the things we ‘really believe’ and then there are the things we only pretend to believe.

Perhaps we should be more tolerant of the inconsistent–especially as most of us, if not all, are guilty of it.

There is a simple apologia we can offer for this widespread inconsistency; we are creatures of limited reasoning power; we may find it too cognitively expensive to check our enterprise for consistency. We often satisfice, rather than optimize, the sanitation and hygiene we impose on our beliefs.

But there might be something even more fundamental at play. The accusations leveled against the inconsistent often presume there is a genuine, authentic self, one covered up and disguised by incompetency, for nefarious purposes. They suggest we are whole and are fractured by this tolerance of rupture within our corpus of belief. But perhaps–as many have suggested before me–we are a shifting conglomerate of sorts. We play host to many selves, many drives, many desires, all at once; if these drives and desires and instincts may conflict with each other, then why not our beliefs? Beliefs are revealed by actions, by visible exertion and the spoken word; these issue from our inner being, each bearing the impress of the turbulence that gave rise to it. Unsurprisingly, the agent who has been assigned their ownership appears singed by incoherence at the edges. But this incoherence may instead be a pleasurable medley of a kind.

I do not think there is much, if any, novelty in what I have noted above. But consistency continues to hold sway as an epistemic and moral ideal. It is still put down as a signpost, as a marker, for our aspirations. We are urged–when we have the time and the energy–to look closely and carefully under and around ourselves, and to conduct search-and-destroy missions for all and any inconsistencies.

We are too harsh on the inconsistent. In a fit of self-righteous rectitude, we indict them of too much. To be sure, some inconsistencies are harmful; for ourselves, for those impacted by our actions. The inconsistency of the powerful hypocrite is a particularly damaging one. But all too many variants of this supposedly deadly sin are not. At worst, they may only puzzle and perplex us, impatient as we are to categorize, all too neatly, our friends and family and acquaintances. But we should be more tolerant, and treat these visible faults in action and belief as spurs to a more sympathetic investigation of the human condition and the complexity of the inner life.