Democratic Values in Balance or Opposition

At the New Yorker, Nathan Heller has an interesting piece about equality and freedom, The Philosopher Redefining Equality.

Mainstream American thought sees them as oppositional. But maybe the common ground between them is fairness. There can be neither equality nor freedom in an unfair society, although there can be liberty in an unfair society. That goes off on a tangent, but keep it in mind as background info. A society of freedom is not the same as a society of liberty, and a society of fairness might be a whole other thing as well. Yet it has been argued that English is the only language with exact words for all three concepts (see Liberty, Freedom, and Fairness) — for example, George Fletcher in Basic Concepts of Legal Thought writes,

“Remarkably, our concept of fairness does not readily translate into other languages. It is virtually impossible to find a suitable translation for fairness in European or Semitic languages. As a result, the term is transplanted directly in some languages such as German and Hebrew, and absent in others, such as French, which is resistant to adopting loan words that carry unique meanings.” (quoted by Manny Echevarria in Does Fairness Translate?)

The difference between the two cultural worldviews and ideological systems is what led to both the English Civil War and the American Civil War. This conflict has been internalized within American society, but it has never been resolved. Americans simply have pretended it went away when, in reality, the conflict has grown worse.

Heller writes about the experience and work of Elizabeth Anderson. She has been, “Working at the intersection of moral and political philosophy, social science, and economics, she has become a leading theorist of democracy and social justice.” And, as related to the above, “She has built a case, elaborated across decades, that equality is the basis for a free society.” Freedom isn’t only closely linked to equality but built upon and dependent upon it. That makes sense from an etymological perspective, as freedom originally meant living among equals in sharing freedom as a member of a free people, at least a member in good standing (ignoring the minor detail of the categories of people excluded: women, slaves, and strangers; but it might be noted that these categories weren’t always permanent statuses and unchangeable fates, since sometimes women could become warriors or divorce their husbands, slaves could end their bondage, and strangers could marry into the community). Hence, this is the reason the word ‘friend’ has the same origin — to be free is to be among friends, among those one trusts and relies upon as do they in return.

Fairness, by the way, is an odd word. It has an English meaning of fair, handsome, beautiful, and attractive (with some racist connotations); nice, clean, bright, clear, and pleasant; moderate as in not excessive in any direction (a fair balance or fair weather, neither hot nor cold) but also generous or plentiful as in considerable (a fair amount). And in various times and places, it has meant favorable, helpful, promising good fortune, and auspicious; morally or comparatively good, socially normative, average, suitable, agreeable, with propriety and justice, right conduct, etc; which overlaps with the modern sense of equitable, impartial, just, and free from bias (from fair and well to fair and square, from fair-dealing to fair play). But its other linguistic variants connect to setting, putting, placing, acting, doing, making, and becoming; make, compose, produce, construct, fashion, frame, build, erect, and appoint. There is an additional sense of sex and childbirth (i.e., fucking and birthing), the ultimate doing and making; and so seemingly akin to worldly goodness of fecundity, abundance, and creation. The latter maybe where the English meaning entered the picture. More than being fair as a noun, it is a verb of what one is doing in a real world sense.

Interestingly, some assert the closest etymological correlate to fairness in modern Swedish is ‘rättvis’. It breaks down to the roots ‘rätt’ and ‘vis’, the former signifying what is ‘correct’ or ‘just’ and the latter ‘wise’ (correct-wise or just-wise in the sense of clockwise or otherwise). This Swedish word is related to the English ‘righteous’. That feels right in the moral component of fairness that can be seen early on its development as a word. We think of what is righteous as having a more harsh and demanding tone than fairness. But I would note how easy it is to pair fairness with justice as if they belong together. John Rawls has a theory of justice as fairness. That makes sense, in accord with social science research that shows humans strongly find unjust that which is perceived as unfair. Then again, as freedom is not exactly the same as liberty, righteousness is not exactly the same as justice. There might be a reason that the Pledge of Allegiance states “with liberty and justice for all”, not liberty and righteousness, not freedom and justice. Pledging ourselves to liberty and justice might put us at odds with a social order of fairness, as paired with freedom, equality, or righteousness. Trying to translate these two worldviews into each other maybe is what created so much confusion in the first place.

All these notions of and related to fairness, one might argue indicate how lacking in fairness is our society, whatever one might think of liberty and justice. Humans tend to obsess over in articulating and declaring what is found most wanting. A more fair society would likely not bother to have a world for it as the sense of fairness would be taken for granted and would simply exist in the background as ideological realism and cultural worldview. From Integrity in Depth, John Beebe makes this argument about the word ‘integrity’ for modern society, whereas the integral/integrated lifestyle of many tribal people living in close relationship to their environment requires no such word. A people need what is not integrated that is seen as needing to be integrated in order to speak of what is or might be of integrity.

Consider the Piraha who are about as equal a society as can exist with fairness only becoming an issue in recent history because of trade with outsiders. The Piraha wanted Daniel Everett to teach them learn math because they couldn’t determine if they were being given a fair deal or were being cheated, a non-issue among Piraha themselves since they don’t have a currency or even terms for numerals. A word like fairness would be far too much of a generalized abstraction for the Piraha as traditionally most interactions were concrete and personal, as such more along the lines of Germanic ‘freedom’.

It might put some tribal people in an ‘unfair’ position if they don’t have the language to fully articulate unfairness, at least in economic terms. We Americans have greater capacity and talent in fighting for fairness because we get a lot of practice, as we can’t expect it as our cultural birthright. Unsurprisingly, we talk a lot about it and in great detail. Maybe to speak of fairness is always to imply both its lack and desirability. From the view of linguistic relativism, such a word invokes a particular wordview that shapes and influences thought, perception, and behavior.

This is observed in social science research when WEIRD populations are compared to others, as seen in Joe Henrich’s study of the prisoner’s dilemma: “It had been thought a matter of settled science that human beings insist on fairness in the division, or will punish the offering party by refusing to accept the offer. This was thought an interesting result, because economics would predict that accepting any offer is better than rejecting an offer of some money. But the Machiguenga acted in a more economically rational manner, accepting any offer, no matter how low. “They just didn’t understand why anyone would sacrifice money to punish someone who had the good luck of getting to play the other role in the game,” Henrich said” (John Watkins, The Strangeness of Being WEIRD). There is no impulse to punish an unfairness that, according to the culture, isn’t perceived as unfair. It appears that the very concept of fairness was irrelevant or maybe incomprehensible the Machiguenga, at least under these conditions. But if they are forced to deal more with outsiders who continually take advantage of them or who introduce perverse incentives into their communities, they surely would have to develop the principle of fairness and learn to punish unfairness. Language might be the first sign of such a change.

A similar point is made by James L. Kugel in The Great Shift about ancient texts written by temple priests declaring laws and prohibitions. This probably hints at a significant number of people at the time doing the complete opposite or else the priests wouldn’t have bothered to make it clear, often with punishments for those who didn’t fall in line. As Julian Jaynes explains, the earliest civilizations didn’t need written laws because the social norms were so embedded within not only the social fabric but the psyche. Laws were later written down because social norms were breaking down, specifically as societies grew in size, diversity, and complexity. We are now further down this road of the civilizational project and legalism is inseparable from our everyday experience, and so we need many words such as fairness, justice, righteousness, freedom, liberty, etc. We are obsessed with articulating these values as if by doing so we could re-enforce social norms that refuse to solidify and stabilize. So, we end up turning to centralized institutions such as big government to impose these values on individuals, markets, and corporations. And we need lawyers, judges, and politicians to help us navigate this legalistic world that we are anxious about falling apart at any moment.

This interpretation is supported by the evidence of the very society in which the word fairness was first used. “The tribal uses of fair and fairness were full of historical irony,” pointed out David Hackett Fischer in Fairness and Freedom (Kindle Locations 647-651). “These ideas flourished on the far fringes of northwestern Europe among groups of proud, strong, violent, and predatory people who lived in hard environments, fought to the death for the means of life, and sometimes preyed even on their own kin. Ideas of fairness and fair play developed as a way of keeping some of these habitual troublemakers from slaughtering each other even to the extinction of the tribe. All that might be understood as the first stage in the history of fairness.” This interpretation is based on a reading of the sagas as written down quite late in Scandinavian history. It was a period when great cultural shifts were happening such as radical and revolutionary introductions like that of writing itself. And I might add, this followed upon the millennium of ravage from the collapse of the bicameralism of Bronze Age Civilizations. The society was under great pressure, both from within and without, as the sagas describe those violent times. It was the sense of lack of fairness in societal chaos and conflict that made it necessary to invent fairness as a cultural ideal and social norm.

It’s impossible to argue we live in a fair society. The reason Adam Smith defended equality, for example, is because he thought it would be a nice ideal to aspire to and not that we had already attained it. On the other hand, there is an element of what has been lost. Feudal society had clearly spelled out rights and responsibilities that were agreed upon and followed as social norms, and so in that sense it was a fair society. The rise of capitalism with the enclosure and privatization of the commons was experienced as unfair, to which Thomas Paine was also responding with his defense of a citizen’s dividend to recompense what was taken, specifically as theft not only from living generations but also all generations following. When a sense of fairness was still palpable, as understood within the feudal social order, no argument for fairness as against unfairness was necessary. It likely is no coincidence that the first overt class war happened in the English Civil War when the enclosure movement was in high gear, the tragic results of which Paine would see in the following century, although the enclosure movement didn’t reach full completion until the 19th century with larger scale industrialization and farming.

As for how fairness accrued its modern meaning, I suspect that it is one of the many results of the Protestant Reformation as a precursor to the Enlightenment Age. The theological context became liberal. As Anna Wierzbicka put it: ” “Fair play” as a model of human interaction highlights the “procedural” character of the ethics of fairness. Arguably, the emergence of the concept of “fairness” reflects a shift away from absolute morality to “procedural (and contractual) morality,” and from the gradual shift from “just” to “fair” can be seen as parallel to the shifts from good to right and also from wise (and also true) to reasonable: in all cases, there is a shift from an absolute, substantive approach to a procedural one.” (from English: Meaning and Culture as quoted Mark Liberman in No word for fair?)

Nathan Heller’s article is about how the marriage of values appears like a new and “unorthodox notion”. But Elizabeth Anderson observes that, “through history, equality and freedom have arrived together as ideals.” This basic insight was a central tenet of Adam Smith’s economic philosophy. Smith said a free society wasn’t possible with high inequality. It simply wasn’t possible. Full stop. And his economic views are proclaimed as the basis of Western capitalism. So, how did this foundational understanding get lost along the way? I suppose because it was inconvenient to the powers that be who were looking for an excuse to further accumulate not only wealth but power.

It wasn’t only one part of the ruling elite that somehow ‘forgot’ this simple truth. From left to right, the establishment agreed in defense of the status quo: “If individuals exercise freedoms, conservatives like to say, some inequalities will naturally result. Those on the left basically agree—and thus allow constraints on personal freedom in order to reduce inequality. The philosopher Isaiah Berlin called the opposition between equality and freedom an “intrinsic, irremovable element in human life.” It is our fate as a society, he believed, to haggle toward a balance between them.” For whatever reason, there was a historical shift, a “Post-Enlightenment move” (Echevarria), both in the modern meaning of fairness and the modern deficiency in fairness.

That still doesn’t explain how the present ideological worldview became the dominant paradigm that went unquestioned by hundreds of millions of ordinary Americans and other Westerners. Direct everyday experience contradicts this neo-feudalist dogma of capitalist realism. There is nothing that Anderson observed in her own work experience that any worker couldn’t notice in almost any workplace. The truth has always been there right in front of us. Yet few had eyes to see. When lost in the darkness of a dominant paradigm, sometimes clear vision requires an imaginative leap into reality. I guess it’s a good thing we have a word to designate the ache we feel for a better world.

* * *

Fairness and Freedom
by David Hackett Fischer
Kindle Locations 596-675

Origins of the Words Fairness and Fair

Where did this language of fairness come from? What is the origin of the word itself? To search for the semantic roots of fair and fairness is to make a surprising discovery. Among widely spoken languages in the modern world, cognates for fairness and fair appear to have been unique to English, Danish, Norwegian, and Frisian until the mid-twentieth century. 40 They remained so until after World War II, when other languages began to import these words as anglicisms. 41

The ancestry of fair and fairness also sets them apart in another way. Unlike most value terms in the Western world, they do not derive from Greek or Latin roots. Their etymology is unlike that of justice and equity, which have cognates in many modern Western languages. Justice derives from the Latin ius, which meant a conformity to law or divine command, “without reference to one’s own inclinations.” Equity is from the Latin aequitas and its adjective aequus, which meant level, even, uniform, and reasonable. 42

Fairness and fair have a different origin. They derive from the Gothic fagrs, which meant “pleasing to behold,” and in turn from an Indo-European root that meant “to be content.” 43 At an early date, these words migrated from Asia to middle Europe. There they disappeared in a maelstrom of many languages, but not before they migrated yet again to remote peninsulas and islands of northern and western Europe, where they persisted to our time. 44 In Saxon English, for example, the old Gothic faeger survived in the prose of the Venerable Bede as late as the year 888. 45 By the tenth century, it had become faire in English speech. 46

In these early examples, fagr, faeger, fair, and fairness had multiple meanings. In one very old sense, fair meant blond or beautiful or both—fair skin, fair hair. As early as 870 a Viking king was called Harald Harfagri in Old Norse, or Harold Fairhair in English. In another usage, it meant favorable, helpful, and good—fair wind, fair weather, fair tide. In yet a third it meant spotless, unblemished, pleasing, and agreeable: fair words, fair speech, fair manner. All of these meanings were common in Old Norse, and Anglo-Saxon in the tenth and eleventh centuries. By 1450, it also meant right conduct in rivalries or competitions. Fair play, fair game, fair race, and fair chance appeared in English texts before 1490. 47

The more abstract noun fairness was also in common use. The great English lexicographer (and father of the Oxford English Dictionary) Sir James Murray turned up many examples, some so early that they were still in the old Gothic form—such as faegernyss in Saxon England circa 1000, before the Norman Conquest. It became fayreness and fairnesse as an ethical abstraction by the mid-fifteenth century, as “it is best that he trete him with farenes” in 1460. 48

As an ethical term, fairness described a process and a solution that could be accepted by most parties—fair price, fair judgment, fair footing, fair and square. Sometimes it also denoted a disposition to act fairly: fair-minded, fair-natured, fair-handed. All of these ethical meanings of fair and fairness were firmly established by the late sixteenth and early seventeenth centuries. Fair play appears in Shakespeare (1595); fair and square in Francis Bacon (1604); fair dealing in Lord Camden (before 1623). 49

To study these early English uses of fairness and fair is to find a consistent core of meaning. Like most vernacular words, they were intended not for study but for practical use. In ethical applications, they described a way of resolving an issue that is contested in its very nature: a bargain or sale, a race or rivalry, a combat or conflict. Fundamentally, fairness meant a way of settling contests and conflicts without bias or favor to any side, and also without deception or dishonesty. In that sense fairness was fundamentally about not taking undue advantage of other people. As early as the fifteenth century it variously described a process, or a result, or both together, but always in forms that fair-minded people would be willing to accept as legitimate.

Fairness functioned as a mediating idea. It was a way of linking individuals to groups, while recognizing their individuality at a surprisingly early date. Always, fairness was an abstract idea of right conduct that could be applied in different ways, depending on the situation. For example, in some specific circumstances, fairness was used to mean that people should be treated in the same way. But in other circumstances, fairness meant that people should be treated in different ways, or special ways that are warranted by particular facts and conditions, such as special merit, special need, special warrant, or special desire. 50

Fairness was a constraint on power and strength, but it did not seek to level those qualities in a Procrustean way. 51 Its object was to regulate ethical relationships between people who possess power and strength in different degrees—a fundamental fact of our condition. A call for fairness was often an appeal of the weak to the conscience of the strong. It was the eternal cry of an English-speaking child to parental authority: “It’s not fair!” As any parent knows, this is not always a cry for equality.

Modern Applications of Fairness: Their Consistent Core of Customary Meaning

Vernacular ideas of fairness and fair have changed through time, and in ways that are as unexpected as their origin. In early ethical usage, these words referred mostly to things that men did to one another—a fair fight, fair blow, fair race, fair deal, fair trade. They also tended to operate within tribes of Britons and Scandinavians, where they applied to freemen in good standing. Women, slaves, and strangers from other tribes were often excluded from fair treatment, and they bitterly resented it.

The tribal uses of fair and fairness were full of historical irony. These ideas flourished on the far fringes of northwestern Europe among groups of proud, strong, violent, and predatory people who lived in hard environments, fought to the death for the means of life, and sometimes preyed even on their own kin. Ideas of fairness and fair play developed as a way of keeping some of these habitual troublemakers from slaughtering each other even to the extinction of the tribe. All that might be understood as the first stage in the history of fairness. 52

Something fundamental changed in a second stage, when the folk cultures of Britain and Scandinavia began to grow into an ethic that embraced others beyond the tribe—and people of every rank and condition. This expansive tendency had its roots in universal values such as the Christian idea of the Golden Rule. 53 That broader conception of fairness expanded again when it met the humanist ideas of the Renaissance, the universal spirit of the Enlightenment, the ecumenical spirit of the Evangelical Movement, and democratic revolutions in America and Europe. When that happened, a tribal idea gradually became more nearly universal in its application. 54 Quantitative evidence suggests an inflection at the end of the eighteenth century. The frequency of fairness in English usage suddenly began to surge circa 1800. The same pattern appears in the use of the expression natural justice. 55

Then came a third stage in the history of fairness, when customary ideas began to operate within complex modern societies. In the twentieth century, fairness acquired many technical meanings with specific applications. One example regulated relations between government and modern media (“the fairness doctrine”). In another, fairness became a professional standard for people who were charged with the management of other people’s assets (“fiduciary fairness”). One of the most interesting modern instances appeared among lawyers as a test of “balance or impartiality” in legal proceedings, or a “subjective standard by which a court is deemed to have followed due process,” which began to be called “fundamental fairness” in law schools. Yet another example was “fair negotiation,” which one professional negotiator defined as a set of rules for “bargaining with the Devil without losing your soul.” One of the most complex applications is emerging today as an ethic of “fairness in electronic commerce.” These and other modern applications of fairness appear in legal treatises, professional codes, and complex bodies of regulatory law. 56

Even as modern uses of fair and fairness have changed in all of those ways, they also preserved a consistent core of vernacular meaning that had appeared in Old English, Norse, and Scandinavian examples and is still evident today. To summarize, fair and fairness have long been substantive and procedural ideas of right conduct, designed to regulate relations among people who are in conflict or rivalry or opposition in particular ways. Fairness means not taking undue advantage of others. It is also about finding ways to settle differences through a mutual acceptance of rules and processes that are thought to be impartial and honest—honesty is fundamental. And it is also about living with results that are obtained in this way. As the ancient Indo-European root of fagrs implied, a quest for fairness is the pursuit of practical solutions with which opposing parties could “be content.” These always were, and still are, the fundamental components of fairness. 57

Notes:

40. For an excellent and very helpful essay on fair and fairness by a distinguished cultural and historical linguist, see Anna Wierzbicka, “Being FAIR: Another Key Anglo Value and Its Cultural Underpinnings,” in English: Meaning and Culture (New York and Oxford, 2006), 141–70. See also Bart Wilson, “Fair’s Fair,” http://www.theatlantic.com/business/print/2009/01/fairs-fair/112; Bart J. Wilson, “Contra Private Fairness,” May 2008, http://www.chapman.edu/images/userimges/jcunning/Page_11731/ContraPrivateFairness05–2008.pdf; James Surowiecki, “Is the Idea of Fairness Universal?” Jan. 26, 2009, http://www.newyorker.com/online/blogs/jamessurowiecki/2009/01/is; and Mark Liberman, “No Word for Fair?” Jan. 28, 2009, http://languagelog.ldc.upenn.edu/nll/?p=1080.

41. Oxford English Dictionary, s.v. “fair” and “fairness.” Cognates for the English fairness include fagr in Icelandic and Old Norse, retferdighet in modern Norwegian, and retfaerighed in modern Danish. See Geír Tòmasson Zoëga, A Concise Dictionary of Old Icelandic (Toronto, 2004), s.v. “fagr.” For Frisian, see Karl von Richthofen, Altfriesisches Wörterbuch (Gottingen, 1840); idem, Friesische Rechtsquellen (Berlin, 1840). On this point I agree and disagree with Anna Wierzbicka. She believes that fair and unfair “have no equivalents in other European languages (let alone non-European ones) and are thoroughly untranslatable” (“Being FAIR,” 141). This is broadly true, but with the exception of Danish, Norwegian, Frisian, and Icelandic. Also I’d suggest that the words can be translated into other languages, but without a single exactly equivalent word. I believe that people of all languages are capable of understanding the meaning of fair and fairness, even if they have no single word for it.

42. OED, s.v. “justice,” “equity.”

43. Webster’s New World Dictionary, 2nd College Edition, ed. David B. Guralnik (New York and Cleveland, 1970), s.v. “fair”; OED, s.v. “fair.”

44. Ancient cognates for fair included fagar in Old English and fagr in Old Norse.

45. W. J. Sedgefield, Selections from the Old English Bede, with Text and Vocabulary, on an Early West Saxon Basis, and a Skeleton Outline of Old English Accidence (Manchester, London, and Bombay, 1917), 77; and in the attached vocabulary list, s.v. the noun “faeger” and the adverbial form “faegere.” Also Joseph Bosworth and T. Northcote Tollen, An Anglo-Saxon Dictionary, Based on Manuscript Collections (Oxford, 1882, 1898), s.v. “faeger,” ff.

46. Not to be confused with this word is another noun fair, for a show or market or carnival, from the Latin feria, feriae, feriarum, festival or holiday—an entirely different word, with another derivation and meaning.

47. Liberman, “No Word for Fair?”

48. OED, s.v. “fairness,” 1.a, b, c.

49. For fair and fairness in Shakespeare, see King John V.i.67. For fair and square in Francis Bacon in 1604 and Oliver Cromwell in 1649, see OED, s.v. “fair and square.”

50. Herein lies one of the most difficult issues about fairness. How can we distinguish between ordinary circumstances where fairness means that all people should be treated alike, and extraordinary circumstances where fairness means different treatment? This problem often recurs in cases over affirmative action in the United States. No court has been able to frame a satisfactory general rule, in part because of ideological differences on the bench.

51. Procrustes was a memorable character in Greek mythology, a son of Poseidon called Polypaemon or Damastes, and nicknamed Procrustes, “the Stretcher.” He was a bandit chief in rural Attica who invited unwary travelers to sleep in an iron bed. If they were longer than the bed, Procrustes cut off their heads or feet to make them fit; if too short he racked them instead. Procrustes himself was dealt with by his noble stepbrother Theseus, who racked him on his own bed and removed his head according to some accounts. In classical thought, and modern conservatism, the iron bed of Procrustes became a vivid image of rigid equality. The story was told by Diodorus Siculus, Historical Library 4.59; Pausanias, Guide to Greece 1.38.5; and Plutarch, Lives, Theseus 2.

52. Jesse Byock, Viking Age Iceland (London, 2001), 171–84; the best way to study the origin of fairness in a brutal world is in the Norse sagas themselves, especially Njal’s Saga, trans. and ed. Magnus Magnusson and Hermann Palsson (London, 1960, 1980), 21–22, 40, 108–11, 137–39, 144–45, 153, 163, 241, 248–55; Egil’s Saga, trans. and ed. Hermann Palsson and Paul Edwards (London, 1976, 1980), 136–39; Hrafnkel’s Saga and Other Icelandic Stories, trans. and ed. Hermann Palsson (London, 1971, 1980), 42–60.

53. Matthew 25:40; John 4:19–21; Luke 10:27.

54. The vernacular history of humanity, expanding in the world, is a central theme in David Hackett Fischer, Champlain’s Dream (New York and Toronto, 2008); as the expansion of vernacular ideas of liberty and freedom is central to Albion’s Seed (New York and Oxford, 1989) and Liberty and Freedom (New York and Oxford, 2005); and the present inquiry is about the expansion of vernacular ideas of fairness in the world. One purpose of all these projects is to study the history of ideas in a new key. Another purpose is to move toward a reunion of history and moral philosophy, while history also becomes more empirical and more logical in its epistemic frame.

55. For data on frequency, see Google Labs, Books Ngram Viewer, http://ngrams.googlelabs.com, s.v. “fairness” and “natural justice.” Similar patterns and inflection-points appear for the corpus of “English,” “British English,” and “American English,” in the full span 1500–2000, smoothing of 3. Here again on the history of fairness, I agree and disagree with Wierzbicka (“Being FAIR,” 141–67). The ethical meanings of fairness first appeared earlier than she believes to be the case. But I agree on the very important point that ethical use of fairness greatly expanded circa 1800.

56. Fred W. Friendly, The Good Guys, the Bad Guys, and the First Amendment (New York, 1976) is the classic work on the fairness doctrine. Quotations in this paragraph are from Carrie Menkow-Meadow and Michael Wheeler, eds., What’s Fair: Ethics for Negotiators (Cambridge, 2004), 57; Philip J. Clements and Philip W. Wisler, The Standard and Poor’s Guide to Fairness Opinions: A User’s Guide for Fiduciaries (New York, 2005); Merriam-Webster’s Dictionary of Law (Cleveland, 1996), s.v. “fundamental fairness”; Approaching a Formal Definition of Fairness in Electronic Commerce: Proceedings of the 18th IEEE Symposium on Reliable Distributed Systems (Washington, 1999), 354. Other technical uses of fairness can be found in projects directed by Arien Mack, editor of Social Research, director of the Social Research Conference series, and sponsor of many Fairness Conferences and also of a Web site called Fairness.com.

57. An excellent discussion of fairness, the best I have found in print, is George Klosko, The Principle of Fairness and Political Obligation (Savage, MD, 1992; rev. ed., 2004). It is similarto this formulation on many points, but different on others.

Consenting Adults and Citizens

It’s amazing to think that Monica Lewinsky is only a couple of years older than I. When I was 20 and she 22, that sexual scandal happened. At the time, it seemed like something that was part of the adult world and I still didn’t quite yet feel fully adult. But as Lewinsky now admits, even with a couple of years of age on me, she didn’t have the emotional and intellectual maturity to understand what was happening to her nor the consequences that would follow. It is only all these decades later that she can begin to come to terms with the fact that consent wasn’t even possible in that relationship.

Consent is a tricky thing. What does consent mean for any of us in a society of such vast disparities of power, wealth, and resources. When your boss has all the power and you have little if any leverage, what does it mean for a worker to consent to anything? What other option does the worker have when quitting or being fired means being unemployed potentially without being able to find another job and so ending up in debt or, worse still, homeless? What does consent mean for a poor minority facing pervasive biases and a racist system of social control? What does consent of the governed mean in a country where the government is owned by plutocrats and corporations?

Consent only can exist among equals. But equality is a joke in our society. Yet we are so brainwashed that we can’t see how this extends far beyond the sphere of sexual relationships. It is at the heart of the struggle for democracy, the consent of We the People as citizens and as a community. It was the core issue over which the American Revolution was fought. Consent isn’t merely something to be given. It must be earned. And if anyone acts without our consent as they do on a daily basis in our society, we have to demand that our consent be respected. Or failing that, we must take back our consent and ensure there will be consequences for those who took advantage of us, and that is even more important for the least among us.

Betrayal of consent is betrayal of our rights and freedom, betrayal of our autonomy and independence, betrayal of our human worth. It is betrayal of what our foremothers and forefathers fought for. And the fight for democratic and egalitarian consent that began so long ago is a fight that is ongoing. As I’ve said before, something like that would be a #MeToo movement that would inspire us all to collectively fight for a better world. Individual responsibility goes hand in hand with social and moral responsibility. And responsibility isn’t possible where victims are scapegoated, costs externalized, and justice denied. With a meaningful understanding of consent, the path forward becomes clear. Consent is about choice and we must make a choice about what kind of society we want and demand, what we envision and aspire toward.

It’s time to take the next step. Our society has been immature about our understanding of consent, of freedom and democracy. We can’t remain in collective childhood forever. American society must grow up and take responsibility. And that means we Americans must begin to act like adults and treat each other as adults, that is to say as equals. What this means is greater equality of power, wealth and resources, greater equality of opportunities which can only be measured by real world results. We can’t continue to live in equality as an abstract ideal and childish fantasy. It’s time for the American Dream to become an American Reality.

* * *

It Depends on What the Meaning of ‘Consent’ Is

It’s amazing how the #MeToo movement has so quickly reframed our understanding of so many old things — books, movies, culture, news stories, scandals. I’ve been waiting for an updated interpretation of what was once problematically known as “the Lewinsky affair,” and I was so thrilled this week to see it coming to us from Monica Lewinsky herself.

In a personal essay for Vanity Fair, on the 20th anniversary of Ken Starr’s investigation of President Bill Clinton, Lewinsky reconsiders her relationship with Clinton — 27 years her senior — through the lens of 2018, and realizes that given their power differential, the word “consensual” might not have perfectly applied.

Given my PTSD and my understanding of trauma, it’s very likely that my thinking would not necessarily be changing at this time had it not been for the #MeToo movement—not only because of the new lens it has provided but also because of how it has offered new avenues toward the safety that comes from solidarity. Just four years ago, in an essay for this magazine, I wrote the following: “Sure, my boss took advantage of me, but I will always remain firm on this point: it was a consensual relationship. Any ‘abuse’ came in the aftermath, when I was made a scapegoat in order to protect his powerful position.” I now see how problematic it was that the two of us even got to a place where there was a question of consent. Instead, the road that led there was littered with inappropriate abuse of authority, station, and privilege. (Full stop.)

Now, at 44, I’m beginning (just beginning) to consider the implications of the power differentials that were so vast between a president and a White House intern. I’m beginning to entertain the notion that in such a circumstance the idea of consent might well be rendered moot. (Although power imbalances—and the ability to abuse them—do exist even when the sex has been consensual.)

But it’s also complicated. Very, very complicated. The dictionary definition of “consent”? “To give permission for something to happen.” And yet what did the “something” mean in this instance, given the power dynamics, his position, and my age? Was the “something” just about crossing a line of sexual (and later emotional) intimacy? (An intimacy I wanted—with a 22-year-old’s limited understanding of the consequences.) He was my boss. He was the most powerful man on the planet. He was 27 years my senior, with enough life experience to know better. He was, at the time, at the pinnacle of his career, while I was in my first job out of college. (Note to the trolls, both Democratic and Republican: none of the above excuses me for my responsibility for what happened. I meet Regret every day.)

Fallen State of America

The Language of Pain, from Virginia Woolf to William Stanley Jevons
by Corey Robin
(from comment section)

Glenn wrote:

Americans account for 99 percent of the world’s hydrocodone (Vicodin) consumption, 80 percent of the world’s oxycodone (Percocet and Oxycontin) consumption and 65 percent of the world’s hydromorphone (Dilaudid) consumption, according to the New York Times.

The federal government’s health statisticians figure that about one in every 10 Americans takes an antidepressant. And by their reckoning, antidepressants were the third most common prescription medication taken by Americans in 2005–2008, the latest period during which the National Health and Nutrition Examination Survey (NHANES) collected data on prescription drug use.

The Spirit Level: Why More Equal Societies Almost Always Do Better was published in 2009. Written by Kate Pickett and Richard Wilkinson, the book highlights the “pernicious effects that inequality has on societies: eroding trust, increasing anxiety and illness, (and) encouraging excessive consumption”. It shows that for each of eleven different health and social problems: physical health, mental health, drug abuse, education, imprisonment, obesity, social mobility, trust and community life, violence, teenage pregnancies, and child well-being, outcomes are significantly worse in more unequal rich countries.

Donald Pruden, Jr. wrote:

Let me introduce the “World Happiness Report 2017”.

Yes, this is a thing. The Report, published under the auspices of the United Nations, states boldly that (in its words) that “Happiness Has Fallen in America”.

Below is an excerpt from Chapter 7, titled “Restoring American Happiness”, it is written by Jeffrey D. Sachs and it focusses on the United States:

“The predominant political discourse in the United States is aimed at raising economic growth, with the goal of restoring the American Dream and the happiness that is supposed to accompany it. But the data show conclusively that this is the wrong approach. The United States can and should raise happiness by addressing America’s multi-faceted social crisis—rising inequality, corruption, isolation, and distrust—rather than focusing exclusively or even mainly on economic growth, especially since the concrete proposals along these lines would exacerbate rather than ameliorate the deepening social crisis.”

And this from a footnote at the end of the Chapter in question:

“5. It is sometimes suggested that the degree of ethnic diversity is the single most powerful explanation of high or low social trust. It is widely believed that Scandinavia’s high social trust and happiness are a direct reflection of their high ethnic homogeneity, while America’s low and declining social trust is a reflection of America’s high and rising ethnic diversity. The evidence suggests that such “ethnic determinism” is misplaced. As Bo Rothstein has cogently written about Scandinavia, the high social trust was far from automatically linked with ethnic homogeneity. It was achieved through a century of active social democratic policies that broke down class barriers and distrust (see Rothstein and Stolle, 2003). Social democracy was buttressed by a long tradition and faith in the quality of government even before the arrival of democracy itself in Scandinavia. Moreover, highly diverse societies, such as Canada, have been able to achieve relatively high levels of social trust through programs aimed at promoting multiculturalism and inter-ethnic understanding.”

[I especially like this last as some have tried to suggest that social strife in the U.S. is, bluntly, to be blamed on the (disruptive) presence of Blacks in the United States — Michael Moore’s “Bowling For Columbine” made a point of exposing this belief that Americans seem to hold by displaying it in a montage of person-on-the-street interviews. That film goes on to challenge that view. D.W. Griffith’s “The Birth of A Nation” was probably the very first broadly distributed cultural product in the U.S. to issue such blame at Blacks.]

* * *

See my previous post:

What kind of trust? And to what end?

There is one book that seriously challenges the tribal argument: Segregation and Mistrust by Eric M. Uslaner. Looking at the data, he determined that (Kindle Locations 72-73), “It wasn’t diversity but segregation that led to less trust.”

The Cultural Determinants of a Voluntary Society

I was reading more of Beyond Liberty Alone by Howard Schwartz. The latter part of the book is getting more to what personally interests me. He has a detailed discussion about equality, equity, and fairness. This leads him into the issues of private property and the commons.

I’m learning much from this book. It focuses on these ideas, both as discussed by early thinkers and how they have developed over time. One thing I learned was how central the idea of equality was to so many early thinkers. Even before the Enlightenment, Thomas Hobbes and other more religious thinkers were arguing about equality, what it means and where it originated (and, of course, what became of that original state). Hobbes saw equality in a state of nature with Death as the great equalizer. Others saw it as coming from God.

John Locke made a different argument than Hobbes. He relied on a more religious argument. Schwartz goes into great detail about Lockean rights. He makes it clear that Locke left many gaping holes in his logic. He goes even further in seeing all rights talk as being problematic. It poses questions it can’t answer and makes assumptions it can’t justify. Instead of focusing narrowly on rights,  especially natural rights, some of the early thinking on equality might give us a stronger foundation for understanding the values that will better serve us, in our aspirations for a just and moral society. Equality was always an important concern in Western thought. It’s just that we Americans have come to overlook its importance and forget the role it once played.

I was also thinking more about the cultural angle not covered by Schwartz. Locke grappled with both the issues of rights and equality. I was wondering about his background. Maybe I should read a good biography of him one of these days. The detail of his life that has caught my attention is his having spent time in Netherlands, in order to escape repression back in England. Some have conjectured that he might have been influenced by Spinoza or else by the same atmosphere that helped to shape Spinoza’s thought.

That is an interesting conjecture because of the important role Netherlands played in British history. It was a relatively short distance across the channel from East Anglia. The Puritans also had left England to escape repression, some going to Netherlands. When they returned, many settled in East Anglia. The Puritans then carried a particular tradition of egalitarianism to America. This was the foundation of the regional culture of New England.

Following different pathways of influence, other regional cultures developed quite differently.

“The persistence of regional cultures in America is more than merely a matter of antiquarian interest. Regional diversity has created a dynamic tension within a single republican system. It has also fostered at least four different ideas of liberty within a common cultural frame.

“These four libertarian traditions were not forms of classical republicanism or European liberalism—even as those alien ideologies were often borrowed as rationales, American ideas of freedom developed from indigenous folkways which were deeply rooted in the inherited culture of the English-speaking world.

“Considered in ethical terms, each of these four freedom ways began as a great and noble impulse, but all at first were limited in expression and defective in their operation. The Puritan idea of ordered freedom was no sooner brought to Massachusetts than it became an instrument of savage persecution. The cavalier conception of hegemonic freedom, when carried to Virginia, permitted and even required the growth of race slavery for its support. The Quaker vision of reciprocal freedom was a sectarian impulse which could be sustained only by withdrawal from the world. The backcountry belief in natural freedom sometimes dissolved into cultural anarchy.

“But each of these four libertarian traditions proved capable of continuing growth. New England’s Puritan faith in ordered freedom grew far beyond its original limits to become, in Perry Miller’s words, “a constellation of ideas basic to any comprehension of the American mind.” Virginia’s cavalier conceit of hegemonic freedom transcended its association with inequalities of rank and race and gender to become an ethical idea that is relevant to all. Pennsylvania’s Quaker inspiration of reciprocal freedom developed from a fragile sectarian vision into a libertarian creed remarkable for toughness of mind and tenacity of purpose. Border and backcountry notions of natural freedom evolved from a folk tradition into an elaborate ideology.

“Each of these four freedom ways still preserves its separate existence in the United States. The most important fact about American liberty is that it has never been a single idea, but a set of different and even contrary traditions in creative tension with one another. This diversity of libertarian ideas has created a culture of freedom which is more open and expansive than any unitary tradition alone could possibly be. It has also become the most powerful determinant of a voluntary society in the United States. In time, this plurality of freedoms may prove to be that nation’s most enduring legacy to the world.”

Fischer, David Hackett (1989-10-19). Albion’s Seed: Four British Folkways in America (America: a cultural history) (Kindle Locations 14541-14561). Oxford University Press. Kindle Edition.

See also:

Liberty and Freedom
by David Hackett Fischer

Fairness and Freedom
by David Hackett Fischer

American Nations
by Colin Woodard

Revolution of the Mind
by Jonathan Israel

The United States of Inequality

 

This is a long video, but it’s a very important topic. The video brings together a lot of data and analysis. I highly recommend watching it.

The fundamental issue isn’t solutions per se but rather what helped to create a situation that is so in need of solutions. It wasn’t accidental. This is the result of specific policies and market factors which have been a part of a class war that has been going on for a long time.

I gained some insight about this when I saw psychological research showing that social inequality tends to bother liberals and tends not to bother conservatives. To the conservative mindset (in its most extreme form), there is no problem and so no solution is needed. There is no point in talking about solutions if we can’t agree that there is even a problem.

I wrote about some of the psychological research in recent posts:

Right Vs Left: Personality Differences

Violence vs Empathy, Indifference vs Unhappiness

Also, I think insight is to be found in the analysis of George Lakoff which I’ve mentioned before:

National Debt, Starve the Beast, & Wealth Disparity

George Lakoff, Moral Politics, pp 194-6:

The conservative political agenda, for example, is not merely to cut the cost of government. The conservative agenda, as we shall see, is a moral agenda, just as the liberal agenda is.

Consider, for example, the issue of the deficit. How did it get so large?

Liberals like to think of Ronald Reagan as stupid. Whether he was or not, those around him certainly were not. While constantly attacking liberals as big spenders, the Reagan and Bush administrations added three trillion dollars to the national debt by drastically increasing military spending while cutting taxes for the rich. They could count; they saw the deficit increasing. They blamed the increases on liberal spending, but Reagan did not veto every spending bill. Moreover, Reagan’s own actions acounted for much of the deficit increase. Had financial responsibility and the lessening of spending been Reagan’s top priorities, he would not have allowed such an increase in the defiicit, simply by not cutting taxes and not pushing for a military buildup far beyond the Pentagon’s requests.

While the deficit was increasing, there was a vast shift of wealth away from the lower and middle classes toward the rich. Liberals, cyncally, saw this shift as Reagan and Bush making their friends and their political suporters rich. Certainly that was the effect. It is hardly new for the friends of supporters of politicians in power to get rich. This is usually seen as immorality and corruption, and with good reason. Many liberals saw Reagan that way.

But Ronald Reagan did not consider himself as immoral. Certainly he and his staff could tell that their policies were producing vast increases in the deficit, when they had come into office promising a balanced budget. Reagan was not forced to pursue deficit-increasing policies. Why did he do so?

I would like to suggest that he pursued deficit-increasing policies in the service of what he saw as overriding Moral goals: (1) Building up the military to protect America from the evil empire of Soviet communism. (2) Lowering Taxes for the rich, so that enterprise was rewarded not punished. Interestingly, for President Reagan as for any good conservative, these policies, however different on the surface, were instances of the same underlying principle: the Morality of Reward and Punishment.

What was evil in Soviet communism, for Reagan as for other conservatives, was not just totalitarianism. Certainly Soviet totalitarianism was evil, but the U.S. had supported capitalist totalitarian dictatorships willingly while overthrowing a democratically elected communist government in Chile. The main evil of communism for Reagan, as for most conservatives, was that it stifled free enterprise. Since communism did not allow for free markets (open to Western companies) or for financially rewarding entrepreneurship, it violated the basis of the Strict Father moral system: the Morality of Punishment and Reward.

Adding three trillion dollars to the deficit actually served a moral purpose for Ronald Reagan. It meant that, sooner or later, the deficit would force an elimination of social programs. He knew perfectly well that the military budget would never be seriously cut, and that a major increase in tax revenues to eliminate the deficit would never be agreed upon. In the long run, the staggering deficit would actually serve Strict Father morality – conservative morality – by forcing Congress to cut social programs. From the perspective of Strict Father morality, Ronald Reagan looks moral and smart, not immoral and dumb as many liberals believe.