Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Sunday, January 1, 2017

Sobering Thoughts for 2017

As a scholar who studies human trafficking, I often find myself thinking about American antebellum slavery. Viewed from a contemporary perspective, it is incomprehensible to think that a person, let alone a society, could believe it permissible to actually own other human beings and consider them property. Yet, more people are enslaved today than at that time in history. Like many, I wonder what my position would have been on the issue if I lived in the 19th Century. Of course, I would like to think that I would have been an enlightened individual who saw slavery for the morally repugnant social structure it was and fought against it. However, I also recognize the social acceptance of this system for millions of ordinary people and the reality that many Catholics did not rise up in support of enslaved people, but accepted its normalization and engaged in whatever mental and moral gymnastics were necessary to condone or accept it as valid. This Spring I was fortunate to teach in CUA's American Law Program in Poland and toured the Krakow ghetto and other sites where events of the Holocaust took place. Similarly, I like to think I would have been brave enough to resist the antisemitism that later grew into acceptance of the Nazi effort to exterminate the Jewish people (as well as others). Again, however, the reality of so many Catholics accepting this evil system as legitimate or simply "the way it is" causes me to fear that I would have been far from extraordinary, but, rather, one of the masses.

With both of these examples, however, one can never know how one would respond. These eternal questions can thankfully only be answered with sincere gratitude that one has not been put to such a test. But as 2017 begins, it appears that this luxury is over.

Whether it is slavery, antisemitism, genocide, misogyny, racism – or any other similar evil, the roots with the masses are the same. They often begin with normalization. As despots rise to power, they often begin, not with extreme genocide or explicit anti-religious statements, but rather by pointing at other groups, often minority groups, and blaming them for the majority's problems. They begin with these smaller steps, building upon prejudices that may previously have existed. Sometimes this "otherness" is developed by assaulting these groups verbally and then claiming it was "just a joke," or not serious, or misinterpreted. But then it grows and grows until it is full blown scapegoating and a conscious effort to mislead the malcontent majority into a belief system which justifies the objectification and oppression of other human beings for a purpose that serves the establishment. In the case of slavery, it was the purpose of ensuring wealth. In the case of Nazi Europe it was to ensure power.

America appears to be facing such a test starting in 2017. The scene is set for the masses to excuse the normalization of the objectification of other human beings by those in power. We saw it clearly in the dismissal as "locker room talk" of explicit bragging of sexual assault, the minimizing of mocking a disabled person, or the implicit call for violence against a female candidate. We also saw it by threats to silence any dissention through lawsuits, name calling, or false allegations.

This realization of the impending test for all of us came to a head for me on the recent Feast of St. Stephen, the Church's first martyr. On December 26, the Church recalls how Stephen was living his life trying to be true to the Gospel by working with the people – all the people. When challenged by those in power, he had the courage to speak the truth to those in power and when he did so, they "could not withstand the wisdom and the spirit with which he spoke." Acts 6:8-10; 7:54-59 And even when the societal leaders were manipulating the general population to objectify and oppress these new Christians and those they were serving, he had the courage to stand up to them and articulate publicly what he knew to be true. I wondered on Stephen's feast day whether I would have the courage to stand up to those in power, and the masses who feel emboldened by the legitimizing of their views, and defend my brothers and sisters (in this case women, Hispanics, refugees, former POW's, Pope Francis, etc.) for all these groups have dared to raise questions about those in power and have been met with ridicule and attacks. Such attacks are designed to silence.

As has been discussed here at Mirror of Justice, people voted various ways for various legitimate reasons. This was a difficult election for anyone of faith. All elections require compromise. Of concern now is what people were willing to overlook in order to achieve their preferred ends. We risk that this pattern continues to levels far beyond compromise and that we will not be like Stephen and recognize when those in power articulate what is simply too wrong.

In a recent piece published in the Dallas Morning News, Yale history professor, Timothy Snyder, offers a path to that courage. An expert in the causes of the Holocaust, Snyder wrote a piece that will help all of us to recognize when it is necessary to stem harmful efforts to silence debate on important issues such as the environment, religious freedom, data breaches, election interference, or freedom itself. In his piece, What You, Yes You, Can Do to Save America From Tyranny he offers 20 suggestion that can fortify each of us to resist the seduction of objectification of others seemingly for our own gain but actually for the gain of those in power. While all 20 are worthy of consideration, here are a few to highlights (edited for space) of relevance to lawyers in particular:

"Americans are no wiser than the Europeans who saw democracy yield to fascism, Nazism or communism. Our one advantage is that we might learn from their experience. Now is a good time to do so.

Here are… lessons from across the fearful 20th century, adapted to the circumstances of today.

Do not obey in advance. Much of the power of authoritarianism is freely given. In times like these, individuals think ahead about what a more repressive government will want, and then start to do it without being asked. You've already done this, haven't you? Stop. Anticipatory obedience teaches authorities what is possible and accelerates unfreedom.

Take responsibility for the face of the world. Notice the swastikas and the other signs of hate. Do not look away and do not get used to them. Remove them yourself and set an example for others to do so.

Defend an institution. Follow the courts or the media, or a court or a newspaper. Do not speak of "our institutions" unless you are making them yours by acting on their behalf. Institutions don't protect themselves. They go down like dominoes unless each is defended from the beginning.

Recall professional ethics. When the leaders of state set a negative example, professional commitments to just practice become much more important. It is hard to break a rule-of-law state without lawyers, and it is hard to have show trials without judges."

I think if St. Stephen were living today, he would offer us all some similar advice on how to remain true to our moral beliefs and not fall into rationalization to justify the objectification of others. I hope we can all face and pass this test.

https://mirrorofjustice.blogs.com/mirrorofjustice/2017/01/sobering-thoughts-for-2017.html

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