Monthly Archives: November 2021

What about my rights

A society has two basic means to regulate its members’ behavior. It can either entrust them with rights, or restrict them with rules. Each approach has its downside, and most societies use a mix of the two. In China, there are all sorts of rules regarding what you can say and where you can go, but citizens have the right to engage in quite a few economic activities as they see fit. In the United States, you can do what the hell you want, and the law comes knocking after the fact, for the most part.. The problems with rules seem quite obvious, at least to those of us who grew up in liberal Western democracies. Rules are stifling. and the utilization of rules assumes the worst of humans.

Implicit in law, policy, and custom is the notion that people respond best to fear or avarice, and therefore need punishments and rewards. Left to their own devices, they will be unruly. There is a grain of validity in the rule-makers attitude, but it is also the case that people live up to expectations.

The problems with rights are less obvious to us. There are a couple of problems though. A relatively small one is the superficial flaw noted above in regards to how laws function in the United States. A society based on rights assumes that citizens can be trusted with those rights. Those who trust, risk getting burned. The trusting soul can fall back on rules, but only as deterrence via the threat of retribution, not as direct prevention.

And there is a deeper problem with rights besides, because there is a lazy way of possessing a right. The ideal right-recipient is someone who values the right, and is therefore motivated to understand what the right demands of them, where the right stands in regards to other rights, and what consequences may follow from exercising the right. Being an ideal right holder is a hassle. It’s much easier to stow your rights in your pocket and go do as you like, pulling out the right only when the need arises to ward off relevant trouble.

Certain pathognomonic signs accompany rights laziness. The shiftless typically speak of their rights like an extra appendage. They don’t hold a right; the right is one with their flesh. Following from that characterization, lazy right holders behave as if there is no wrong way to exercise their right.

Driving provides the best example of this mentality. For the lazy, anyone in their way is infringing on their right to drive as they please. The traffic cop is a purveyor of injustice. Judges who restrict drivers licenses are the real criminals, since they violate not just someone’s property, but their very person.

The US, being a rights-based society, has showed those signs of laziness from the very beginning. Its founding documents speak of rights as inalienable, and endowed by the Creator. Eyes and teeth are that kind of thing. Gifts and treasures are not. From the beginning too, Americans have exercised their rights like teeth and eyes, which do not demand accounting, rather than like gifts or treasures, which do.

The archetypical tale of American right-laziness is the tragedy of Kyle Rittenhouse.

By all accounts, he was a 17-year-old boy with very typical issues. He seemed to be searching for an identity along with some validation. He wanted to be a cop or an EMT. In other words, he wanted to do something which came with some power and control as well as the admiration of others. He wanted to do something moral. He had taken a CPR course and put together a jump bag like paramedics carry. Plus, like many if not most 17-year-old boys, he wanted a gun. He probably wanted it for the same reason that many if not most other 17-year-old boys wanted a gun. A gun was a badge of adulthood. It offered instant validation. It compensated for any awkwardness in the bearer. Besides the psychological attractions, it made a lot of noise and smashed stuff.

Unfortunately, he was not old enough to own one himself. Apparently, he prevailed upon an older friend and another adult to purchase and keep the gun for him. The arrangement was against the rules, but might not have been a problem, had the adults not been lazy in the exercise of their right to own a gun. They seem to have treated the gun like it was one of the boys appendages. When he decided to take the weapon with him to try out his identity as an EMT/cop at the site of a real-life conflict, they let him and the rifle go.

When he arrived, he met other people with guns, exercising the right granted them by the Second Amendment to the Constitution. By all accounts, they offered him a task, but no advice, and no further guidance. After a while, he wandered off, looking for someone to help. He soon ran into situations that he could not handle. He lacked the experience. In the end, he shot and killed two people, and permanently maimed a third.

He bore his right like an appendage, but he did not understand the consequences of carrying a gun like he understood the consequences of having an arm or leg. He could not come by an understanding of his right naturally, he had to learn it. But there was no one to teach him. Apparently, the other arms-bearers that he met along the way did not feel like it fell to them to tend to their right as this kid exemplified it.

As a society, we are getting lazier with our rights by the day, and the signs and symptoms show. Nobody knows what to do with their speech. Nobody knows how to meet amicably. Nobody knows how to be armed responsibly. The anxiety that comes with uncertainties is growing, day by day, and each day we become more anxious for rules to dispel the uncertainties.

Authoritarians have begun to pop up in response. They will be happy to provide us with all the rules we want, and then some. They will even sweeten up the rulemaking medicine for us by telling us that they are actually taking rules away, “deregulating” as a means of concentrating power. A set of rules constraining our behaviors (to the advantage of the ruling family) is our fate, unless we stop merely exercising our rights and begin to tend to them.

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The Heat of a Separate Logic

Sometimes, I catch my wife watching out of the corner of her eye while I cram my feet into climbing shoes. The process entails a good deal of whining and swearing, which will continue throughout the subsequent training session. She usually keeps quiet about what she sees, but sometimes she can’t help but ask, “What is it that you like so much about climbing?”

I tell her that I like it because it’s war, except that, as opposed to war, if everything goes right, nobody dies. My answer is a bit hyperbolic. For one thing, I have never even been near a war, much less participated in one. What I mean is: the attractive thing about climbing is the same as what those who have fought wars say is the attractive thing about war.

Though it is difficult to put a finger on the source of our attraction, we humans are undoubtedly enamored of war. Our literature enshrines it. It has a permanent place in our culture, in the form of holidays and memorials, but also in practices like the martial arts. The studios can always sell us another war movie.

It isn’t just a fascination born of fear either. We associate warfare with all kinds of positive moral qualities, like courage, loyalty, and determination. Even the Prussian general, Carl von Clausewitz, implicated valor as a reason for the individual to become voluntarily involved in warfare. This from the man who said that war has its own grammar, but not its own logic.

Von Clausewitz clarified that position on the nature of war in what is now a famous aphorism: war is politics by other means. Practicalities drive us to war. That can’t be the whole story though. If it were, all armies would be conscripted, and no war would last as long as every war has lasted. We fight well beyond pragmatic exhaustion.

That’s because Von Clausewitz was wrong. War does have its own logic. If we listen to war’s participants, we hear about the struggle to survive their circumstances, and to put an end to the struggle itself by overcoming their opponents. We hear about the moral obligation to protect one’s comrades. The politicians may have pursued their policies into war, but once the war gets going, the fighters fight for other reasons entirely.

If we take logic to mean a description of consistencies between meanings, then we have to conclude that war does have a logic of its own. It is a logic which supersedes all the extrinsic reasons for going to war. Maybe that’s why war persists. Because it is easy to think about getting in to a war on the basis of von Clausewitz’s pragmatism, but once the fight is on, the other logic takes over, and not only gives us a reason to see the war through to some conclusion divorced in principle from political practicalities, but also gives us stories about all those positive moral qualities which the participants find in their quest to come through the catastrophe.

The other logic is always dangling out there. It is the same logic that drives me to climb, and others to fly wing suits, race motorcycles, and ski out of bounds. Any useless activity involving uncertainty and inherent danger will have the same enticing, overpowering consistencies between meanings. There is no practical reason to jump out of a functional airplane. There is no material gain in clawing your way up some obscure cliff face. Even the motorcycle racers and sponsored skiers don’t do it for the pay.

This sort of pursuit challenges us to engage, because once we engage, the other logic, which is the logic of survival, determination, and commitment, takes over and cooks off all the other, weaker, practical logics. For the duration, everything is clearly in its place.

Clarity is not a requirement. In our age, nobody really considers going to war on such a vision quest (we gave that up with the end of dueling). You don’t hear the participants in a battle wax nostalgic about the smell, the cacophony, or the sight of dismembered bodies. At best, the practical details of war just serve as props for the exhibition of the other logic. So often the story goes: I didn’t want to be in a war, but since I was, I tried to take something good away from it, and this is what it was – loyalty, determination, commitment.

Those stories are good ones, maybe even necessary ones. Still, they are an attractive nuisance. They don’t get us into war, but they contribute to a kind of permissive state in our collective psyche. Political practicalities appear more convincing. Our own participation in conflict feels easier to justify, sometimes to such a degree that those who should know better (historian Stephen Ambrose) express regret for never having their courage tested in combat.

That’s what it is about climbing. It’s a way in to the crystal sphere of the other logic. It’s also an admission that I want to live as much as possible in the sphere, though it is impractical. I think that that admission is key. It is the bit of insight which separates an attraction to useless, uncertain and inherently dangerous sports from an attraction to war. So maybe there is one generally useful thing to be had from dangerous sports. If we can cultivate in the larger society, an insight into our own motives for pursuing impractical, uncertain and difficult peril, we might be less susceptible to war’s appeal.

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