Your laws, my life

Few things raise more hackles than a debate over morality. Religion is often (wrongly) attributed as the sole source of ethical determination. Ideas of right and wrong vary from culture to culture, nation to nation, and person to person, and philosophers over the centuries have parsed the finer points of ethics until it seems no more need be said. But the debate rages. The latest target is criminalizing teenagers for “sexting,” sending nude pictures of themselves via cell phone to attract attention. The issue here is a misplaced desire to keep our children innocent when in fact they are not; a permissive society and lax parenting assures that. Now government seeks to punish the young for being human.

A reading of John Stuart Mills’ On Liberty provides a utilitarian basis for an individual morality from which we could all learn: “Over himself, over his own body and mind, the individual is sovereign.” Laws of the state have no place in regulating personal conduct unless and until it is a harm to others, not for a person’s own good, “because, in the opinion of others, to do so would be wise or even right.” He speaks out forcefully against legislation of private acts and its “encroachment” on the individual.

It has often been said that morality cannot be legislated; Mills says it should not be. Society may legislation behavior, outlawing certain actions the majority has deemed inappropriate or unsavory, but that behavior will simply be driven underground, adding a layer of deceit and subterfuge to an act that on its face is often no more than disagreeable to a vocal minority. Punishment will not change inward inclinations, only outward actions, and it will create disgruntled citizens more inclined to ignore the strictures of law when next it conflicts with their desires.

“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” Punish non-support of dependents, not gambling; outlaw slavery and physical assault, not prostitution; prohibit theft and violence of any kind against others, not personal drug or alcohol use.

All of us can recall a school day experience – or even worse, a day at the office – when the whole class was punished for the misbehavior of one or two individuals: loss of recess or playtime, extra homework, a pop quiz. How much more egregious is it to punish large segments of society for the lapses of a few? Because John Doe gambles away his salary and does not feed his family is no reason to keep John Q. Public from the gaming tables. Address the problem where it lies; do not lump all individuals into the category of miscreant because of otherwise benign behavior mishandled by a few.

Mills notes that “Wherever there is an ascendant class, a large portion of the morality of the country emanates from its class interest and its feelings of class superiority,” not from any actual notion of right and wrong. Laws designed to “protect” women, to regulate the actions of minorities, to keep the unpropertied from having a say in governance – all these reflect a morality imposed by the “tyranny of the majority.” Mills uses as the basis for his morality the measure of utility, the “permanent interests of man as a progressive being.” I echo his sentiment. Remove prejudice, passion, and the tenuous hold of custom from the imposition of laws on society. “The only freedom which deserves the name is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs.” We will all be the better – and more moral – for it.

4/16/2009:

If you’re not angry you’re not paying attention…

But I am paying attention, and I do get angry. All that does is raise my blood pressure and distract me from more important things which need my attention and which I may be able to affect.

The early stoics had the right idea. In his Enchiridion (Manual), the Greek philosopher Epictetus said, “Some things are in our control and others are not.” So much of what the news trumpets in its endless 24-hour loop is beyond my control; why do I let it bother me?

The stoics also point out that “All is as trite as it is transitory.” It makes no sense to ruin the present by fretting about those things which I cannot control and which are less than permanent. “Be content with what you have; rejoice in the way things are” says the Tao Te Ching (#44). Last week’s class discussion wondered if the stoics were familiar with the teachings of Buddha and the Eastern philosophers who came before them. Even a cursory reading would seem to indicate they were indeed guided by the same influences. With the vast amount of reading I have been immersed in for the past three years, it still astounds me when I find common threads of philosophical thought streaming through the centuries and through civilizations. So many similarities! Forfeit control of those things over which we are powerless. Strive for non-attachment to things. Treat others as you would be treated. Live in the moment. Do not judge. No wonder it is called “wisdom literature.”

Unfortunately, that wisdom is too often lost in today’s me-first society. When the strident demands of the world collide, who wins? Or more likely, do we all lose? How much abuse do we, the peacemakers, take before defending ourselves? I’m not content with “the meek shall inherit the earth.” I don’t want the earth. And some mystical reward hereafter does not compensate for hell on that earth. Where do we find that balance the stoics stressed, the harmony which is the source of the good life?

In class, Bill proffered the concept of stoic activists. Keep your head while fighting back, in non-violent ways. “Turn off the juice, boy! Go man, go, But not like a yo-yo schoolboy. Just play it cool, boy.” (West Side Story, “Cool”) Gandhi, King, the Dalai Lama – good examples, all.

But that brings me back to my original problem. Even those things which do bother me – remembering the stoics warning that “It is not things themselves that disturb men, but their judgments about these things” (Epictetus again) – and accepting that those things are out of my control, what and why do I fight? I have long argued that my actions have no effect on national or global issues. All I can change is myself. “Waste no more time arguing what a good man should be. Be one,” (Marcus Aurelius, Meditations) and hope that life by example will have a positive influence on those with whom I come in contact. That is the best I can hope for in this life.

Are you paying attention?