Let us talk about the problem of evil, Mr. Loran. Where do we read about evil as a separate manifestation, as a result of too abundant a growth of the quality of judgment separated from the quality of mercy?
–The Book of Lights by Chaim Potok
I read the NOLA blogs every day. I read blogs in the diversosphere every day. I read diaries and posts about undocumented migrants every day.
On all these subjects, I often find myself battling posters at Daily Kos who say things like “Oh well those folks in New Orleans shouldn’t have built their homes there, and they should just bulldoze the place, it’s environmentally unsafe!” Or “I’m not a racist, so really that doesn’t apply to me, those folks are just oversensitive, besides that boy in Jena was a criminal, and Martin Luther King wouldn’t have defended him.” Or “those illegal aliens are making it harder for those who are coming here legally and playing by the rules! Why should I care about them — and besides, they’re hurting labor!”
I’ve experimented with many different responses, from aggressive and even profanity-laden to understanding and kind. But those comments always hurt. I don’t even know if I could explain why, they’re just words on a screen, aren’t they?
Judgment. Well of course we are always using our judgment, from mundane things like choosing which toothpaste to buy to big philosophical and political decisions such as who to vote for, who to fight against and why.
And then there’s the judgment implied in the law. This is wrong — if you do this you will pay the consequences, whether it be a fine, jail time, or even execution, even death.
In keeping with Buhdy’s vision of a manifesto (or whatever we end up calling it), I am grappling with the problems of social justice in the United States today.
There are a lot of problems when it comes to defining what social justice is in this day and age.
First, we are no longer a nation of laws, and we haven’t been for quite some time. There is no rule of law. We have seen over and over again the most egregious crimes go unpunished due to money, influence, power, (or all three!) for those who have committed those crimes. And then we see those who are punished beyond all reason for crimes because they are poor, because they have no influence and power or, sadly, because they are in this country illegally and thus are subject to treatment little different than those imprisoned and tortured in Gitmo.
Due to this lawlessness, it’s very difficult to think legislation alone will bring about social justice. We have plenty of good laws on the books. Unfortunately we also have plenty of evil men and women who are interpreting and enforcing those laws in such a way that their very nature has been perverted — in the areas of civil rights, our environment, our labor laws, healthcare, consumer advocacy, you name it, it’s been politicized.
And now we have come to the point where a man nominated to be the Attorney General of the United States of America won’t come out and say unequivocally that waterboarding is torture. This is where we are today.
What chance do those without power have in this situation? The saddest experience for me is to see that those with the least, those who are treated in an unjust manner, are often those who really do value the law, value this country, want to do what is right.
Social justice. We already know about judgment when it comes to our laws. But what about mercy? Is the drug dealer from Mexico who comes here to commit crimes to be treated no differently than the father who comes here on a work visa, finds the company to be an unbearable and malicious employer, quits the job and takes another, illegally? Does mercy enter into this scenario? And does mercy enter into the law itself?
Under Bill Clinton, the “three strikes you’re out” laws were enacted. Great injustices have grown out of this, folks put in jail for life for minor drug offenses, judges unable to use any quality of mercy in their rigid sentencing guidelines. When did mercy become something that our laws no longer take into consideration?
And if all we have is judgment and no mercy, then is the way our laws are now being enforced evil?
Too many folks hide behind the law. “Well, it’s illegal, so they deserve what they got.” “They had THREE chances to obey the law, so I don’t care to think about what happens to that criminal!” When our fellow citizens express these sentiments, when mercy has been omitted from our own opinions of the law, has our society become evil as well?
And then there is the further confusion of these very folks being quite merciful in their day-to-day lives, giving to charity, volunteering, doing good deeds. As individuals, many of these folks are as merciful as can be!
Equal protection under the law has become a bad joke. No matter how nice you are in your personal life, if our society itself stands by and allows judgment to be so separated from mercy, the enforcement of our laws to be cruel and merciless, then our society risks becoming evil.
How we treat the most vulnerable among us shows the level of our mercy as a nation and as a society.
Social justice. I am no expert on laws or even the issues. But I am willing to learn and determined to continue to write about this and oppose the kinds of comments I encountered and listed above, as well as speak out about injustice, whether it be here in the US or globally. And I can use all the help I can get! I have noticed there are plenty of posters here who cover these kinds of issues, so I hope in the future we can get together and make a bigger noise about it.
Ah, mercy, mercy me …
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… we are.
…since primarily I don’t share the philosophy that guides them. I think that social justice as an outcome is a mirage and impossible – what I seek is social justice in process, and actual sense in policy.
But I never like the frame that we are no longer a nation of laws. The rule of law was never more fair than it was today. People with money and power are not more able to get away with things than in America’s past, but less. It is easy to say that the people of New Orleans or Jena don’t get a fair shake today – it is harder to remember that fifty years ago, those people had essentially no rights. We are less than a century removed from Tammany Hall and Huey Long.
Let’s not pretend we’re in the decline of American justice. We’re climbing up from a deep abyss. It is just that now we have a better understanding of how much further we have to go.
Thoughtful and thought-provoking as always.
I don’t think it’s possible to have a “level playing field” not with all of those ghosts of history and violently inscribed narratives and norms muddying everything up–for there to be a truly level playing field is going to require not only law and equitable administration, but massive cultural change. This is a very long-term task.
The outrageous income inequity seems to make all other kinds of equity impossible.
It’s always been nuts and that’s especially true with regards to social justice – or lack thereof.
Colombus sure wasn’t that happy, sea-goin’ great guy we were taught in school. He didn’t give a damn about the Godless natives, just gold.
The European colonization was done at the expense of the Native Americans.
The country wasn’t even 100 years old before having a brutal Civil War – over slavery. And certainly nothing returned to “normal” – whatever that is – when the war ended.
It always blows my mind that women couldn’t vote in this country until 1920, which is the year my father was born – and he’s still alive!
The civil rights battles of the 60’s still are fought today down in Jena.
I don’t disagree with anything you say NPK – just that I think things have sucked all along in that department in this country for somebody. I bet most everyone who gives a shit is beyond discouraged most of the time.
But… every once in a while, “the ship” – way too slowly – rights its course a little bit. Two recent examples: The ridiculous, racist crack cocaine laws (PDF) have been challenged and the SCOTUS is looking at the death penalty as “cruel and unusual” punishment. (Duh!)
I do know what you mean though. Bringing about meaningful change looks impossible most days.
But simply by staying aware and awake we could, perhaps with a bit of creativity sometimes, collectively become an annoying pain in the ass to a few of The Powers That Be.
Sometimes that can be fun! 😉
I don’t think at all pragmatic. Do I wish it was that way? Yes, it would be ideal. However, it has been my experience that the ideal does not exist and to expect it is to be disappointed. I’m not big on disappointment.