Thursday, July 9, 2015
302. "Classy" "Tacky"
Wednesday, March 25, 2015
285. Theorists, Novelists, and Poor, Struggling Teachers
Thursday, September 22, 2011
76, "Reasonable doubt"
A man can't be executed in the United States unless a jury finds him guilty of a capital crime "beyond a reasonable doubt." That tells us that his living or dying is going to depend on what his jurors take the word "reasonable" to mean.
What's to guide them? The word "beyond" suggests that there's a line. Up to it, reasonable; past it, no. How unrealistic. We're in the human world, not geometry class.
Law dictionaries pretend to help. A few tell us that "beyond a reasonable doubt" means "moral certainty." Oh yes, that's where you find clear lines, in morality. All us jurors are going to know when answers to moral questions are certain.
There's no escape. We're stuck with individual differences. Everybody's stuck. If you do away with juries and go with a judge (or a lord, or an apparatchik) you're stuck with his individual difference.
And aren't we, in philosophy class, stuck with relativism? There's no absolute, no objective judgment, no line-drawing machine. You use words that make it sound as if there is such a thing but my, look where they leave you. "Preponderance of the evidence." "Preponderance": superiority in weight. You look to see which side the balance falls on. Yes, and who's doing the weighing? And how heavy is each thing that goes into the pan? Weights are assigned, not discovered.
Even the expression that supports all this, there in the Constitution, "due process," is infected by subjectivity. "Due": owed. What does a man having coming to him? You can specify the procedures in legal statute and establish them in court practice but still, might he deserve more? or less? We differ, friend.
The more we are convinced of our differences, though, the closer we come to that most dangerous of convictions: that everything in the moral sphere is subjective, or relative. Though possibly true, that belief is dangerous because it invites a slide into two really destructive convictions, that one moral belief is as good as an another, and that there is no good guidance.
You have to leave it to experience to counter the first belief, which it usually does soon enough, but to counter the second all you have to do is look at a Supreme Court opinion on the very expression we're most worried about, "beyond a reasonable doubt." In 1970 the Court said (in re Winship) that this standard of proof is grounded on "a fundamental value determination of our society." There you are, juror. Find out what values your society has determined to be fundamental and apply them to the case before you.
The values are many and about some there may be respectable differences but about the one that brought forth the Court's opinion there is, I think, likely to be difference only among those who haven't learned it. It's that "it is far worse to convict an innocent man than to let a guilty man go free."
That's easy guidance. Hard guidance is guidance in society's values that are not so clear or are still at issue. Here's where teachers come in. Let them get young citizens' values straightened out in school, say in civics class, before they get to a jury room. Get them started, at least, on the meaning of words like "reasonable" and "due."
Wednesday, September 21, 2011
75. What a Teacher Substitutes for Reality
Why do teachers have to find a substitute for reality? Because relativists have taken it away from them. (See Post #73.) No more real world, no more objective truth. Only representations and constructions.
What can they substitute? I, dealing in words, suggest "resistance." It's a word they can use without claiming any of that knowledge they're not supposed to have. All they claim to know is that there's something out there that has to be overcome before a student, or anybody, can reach his goals.
That's their expertise. Want to fly a kite? Run with it into the wind. Tie the bridle this way. Want to design kites? Here are the laws of aerodynamics. Want to read poems? Start by construing the sentences.
They don't need a name for the something out there that makes all this necessary. All they need is consistency in the resistance it offers. It does no good to teach kite-flying if aerodynamics varies from day to day.
Do they need to know why there is consistency? It doesn't appear so, yet such knowledge would be helpful — in the way that knowing why there is consistency in an aerodynamic resistance would be helpful (it lets you generalize at a higher level). But in teaching you always have to think about time constraints. Can we acquire this in a quarter? Ask that question about what's ultimately behind the consistency, or ultimately behind anything, and experience, university-wide, tells you no.
The criterion of helpfulness reduces the discussion-time for many subjects (metaphysics, theology) in our utilitarian courses. And it removes from the discussion those relativists who think that their choice of a representation or construction is unconstrained by reality — to use the old word for resistances. Those who think one representation of reality is as good as another are outside the circle. There's no point in their taking the course.
Note: I see that leaves me with a definition of reality. It's what relativists have to measure their representations and constructions against.
Sunday, September 18, 2011
73. Attention to Words as a Response to Relativism
Oh those conversations in the eighties and nineties. You could hear Richard Rorty quoted ("Truth is simply a compliment paid to sentences") in half the disciplines in the humanities. In the English Department the appeals were to Jacques Derrida ("There are only differences") and Chaim Perelman ("There are only audiences") — in addition to Rorty. Imply a claim for objective truth and you'd get one of them. Then you're in a troubling philosophical argument — and all you wanted to do, usually, was clear up a few problems in the Interpretation of Poetry course.
Get into trouble often enough and you'll figure out a way to get out. Here's my way. Say you're a scientist. You're accused of believing in the existence of a real world that can be objectively known. You say, "No, I just believe in the existence of a group of people who call each other 'scientists.' I take 'scientist' to be a compliment-word and I want them to apply it to me.
"What do I do to get the compliment? The same things I have been doing to discover objective reality. I examine nature, declare what I have discovered in a journal, and wait for the compliment. If readers of the journal, replicating my examination, get the same results I got I get the compliment. They were persuaded. That's all I'm doing, persuading people. Just as Aristotle's orator did.
"Except that there's a difference in our audiences. Mine isn't persuaded until the needles on their dials are in the same place I reported my needles to be. There's my rhetoric. When I work day and night in my lab I don't say I'm seeking the truth about the world, I say I'm working on a speech, the only kind that will persuade these people."
The scientist has something quieting to say, then, to each relativist. To Rorty: "With 'scientist' I merely take your compliment a step further, from sentence to sentence-maker." To Derrida: "I too deal only in difference; here it's the difference between language that gets me the compliment and language that doesn't." To Perelman: "I never go beyond the needs of my audience."
That's a scientist's response but it's not so different from mine. In my poetry class my audience needs reports on how English speakers form sentences and give meanings to words. Those reports they get from me, drawing on grammar book and dictionary. Without them they, with relatively little experience in the reading of English, can't construe sentences, the first operation in the reading of a poem.
It's to satisfy this need that I try to keep relativists quiet. Half my work is the work of a scientist, providing reports which, if believed, will allow my audience to proceed to the really rewarding part of their work, letting their imaginations go where the poet points them. In the first half of the job relativistic statements of the type we heard in the last century, are inadmissible. They are admissible in the second half, where differences in what's imagined are all the fun.
Keeping the two straight is one of the hardest jobs in the English classroom, if not in all of the humanities. You can convince beginning students — natural, self-protecting subjectivists — that scientific standards govern part of poetry-reading but it takes a lot of class time. Quarters are too short, life is too short, to allow relativists to lengthen it.