Monthly Archives: December 2014

The Arts and Humanities Save Lives!

PrintThere was a time, long ago, when it was taken for granted that what we now call the “humanities” was integral not just to human enjoyment but to human survival.

It was self-evident that what the Greeks called logos—language and language-based reasoning—is not only what made the human animal different from all the other animal species of Earth, but that language was essential to the human capacity to survive, and thrive, in a too-often hostile and harsh environment. Rabbits have speed and agility; bears have teeth and claws; eagles have wings; humans have language. As one ancient Athenian put it:

For in the other powers which we possess we are in no respect superior to other living creatures; nay, we are inferior to many in swiftness and in strength and in other resources; but, because there has been implanted in us the power to persuade each other and to make clear to each other whatever we desire, not only have we escaped the life of wild beasts, but we have come together and founded cities and made laws and invented arts; and, generally speaking, there is no institution devised by man which the power of speech has not helped us to establish. For this it is which has laid down laws concerning things just and unjust, and things base and honorable; and if it were not for these ordinances we should not be able to live with one another. It is by this also that we confute the bad and extol the good. (Isocrates, Nicocles, Antidosis 3.5–7)

Above all, logos was for the Greeks the source of wisdom, which was assumed to be essential to human survival. Similar ideas can also be found in ancient Hebraic, Confucian, Arab, and other cultures.

We have come a long way from this “naive” view. Ours, as the cliché goes, is a technological age, and science and engineering are now assumed to be the keys to human survival.

Recently, my own university’s chancellor, Phyllis Wise, reminded us of technology’s vast sway.   In a blog post featured on Linkedin, and now republished on the University of Illinois’s website, she argued that the United States needs to fix what she and her fellow scientists and engineers call the “innovation deficit”—the gap between current levels of federal funding of science and engineering and what the country needs “to remain the world’s innovation leader.”

Once we fix this “innovation deficit,” she said,  “we will be well on our way to solving some of the world’s biggest problems.” Scientists and engineers, she explained in a series of examples, would be able to heal diseases, clean up the environment, and, “ensure our national security” by providing new technologies to the Department of Defense. By designating “health and education,” “environment,” and “national security” as the three main areas to which science and engineering can substantially contribute, Chancellor Wise appealed to human life as the main benefactor of science and technology research.

Of course, not all technological innovations are lifesaving. As Chancellor Wise concluded, some things are about “quality of life” rather than survival:

Finally, there’s this: everything from plasma TVs to the first internet browser to YouTube to whipped cream in a can—these innovations can all be credited to a university (ours, in the case of these examples). And while these innovations may not be lifesaving, they certainly contribute to our quality of life. Add to these examples the vibrant scholarly work of our historians, artists, musicians, journalists, and others who work to enrich our understanding of the world and of other people in a powerful way, and it’s clear that federal funding for research is a critical part of modern life.

This seems all self-evident enough, but is it?

Professional hurt feelings aside, it is incorrect to categorize the arts and humanities as concerned with “quality of life” rather than—as Wise’s post clearly implies—the sustenance of human life. The value of “historians, artists, musicians, journalists, and others” is not equivalent to the invention of canned whipped cream!

Today the world’s biggest problems have indeed grown big enough to concern the very survival of the human species: environmental catastrophe, genocidal weapons, and fragile technological and economic systems each put the species—not just individuals—at risk. But the solutions to these problems, in as much as they can be achieved, will be essentially, and not merely accidentally, social and political in nature.

Consider a national problem before us now that very much concerns human life. Two weeks ago, after the grand jury in Ferguson decided not to indict Officer Darren Wilson, President Obama and many others came out arguing for a technological fix: cop cameras. With this technology, they argued, we could erase ambiguities and probabilities from the arbitration of police conduct and be able to know with more certainty the sequence of events in incidents like the slaying of Michael Brown. Meanwhile, police officers themselves would certainly feel the presence of these cameras and be compelled to exercise more restraint when interacting with the public.

If this were so, Chancellor Wise might be right: Science and technology could fix some of the world’s biggest problems.

But as we learned last week in another grand jury decision concerning the police killing of another black man—this time, Eric Garner of Staten Island—technology means very little in a culture of police impunity before people of color. Garner’s killing took place in the full view of a camera. The footage is widely available online and shows an unarmed man who posed no imminent threat to police or bystanders being put in a chokehold by a police officer and slowly suffocated. As Sean Davis at the Federalist writes, “The grand jury’s decision not to bring any charges against the officer who killed Garner is inexplicable. It defies reason. It makes no sense…. All we have to do is watch the video and believe our own eyes.”

Cameras, microchip sensors, drones: No matter what the gadget, there is no technological fix for racism, or for more subtle problems such as prosecutorial discretion. There is no science that can save us from the historically embedded habits and the wider structures that cause us, seemingly instinctively, to value the lives of some more than others based on the skin color, gender, or any other of a number of social markers of the Other. And the only solutions for structural problems within the law are both better law and better practice of the law.

These problems require citizens capable of reflecting on matters like discrimination and the law, and leaders who understand that the world’s problems can’t be fixed simply through technology. The world’s largest problems are not equivalent to the problem of gravity. If they were, perhaps science and technology could solve them. We’d just need more well-funded Newtons and Einsteins. Rather, we have problems that are inherently political and/or social in nature and that require political and/or social solutions. Moreover, it should be obvious by now that scientific and technological “fixes” often create new ones (e.g., industrialism’s creation of global warming, genocidal killing machines, and antibiotics).

So while it seems silly to say it, it needs to be said, in light of the legitimate value political and academic leaders are putting on life: The arts and humanities save lives!

If for the Greeks, logos was the means by which humans established cities, today it is the language, visual, plastic, and other arts that offer the sorts of practices and epistemologies capable of better reckoning with the world’s problems, whether they be the plight of racism (which keeps technologies from being put to just use), the situation of climate change (which requires above all political solutions for any technological fixes to be implemented), or the existence of economic inequality and poverty (which simply cannot be addressed adequately by any metric apart from good policy).

I am not claiming that the arts and humanities are salvific. There is no need for hyperbole here, no need for triumphalism. Rather, we need only to reckon with the world’s problems as they are to see that the arts and humanities, in as much as they equip us to do political and social work well, can save far more lives than any gizmo. If saving lives is our metric, the biggest deficit we face is not an “innovation deficit” but a “wisdom deficit.”

Nor is the issue here the “humanities” versus the “sciences,” but rather the obvious point that science and technology are good only in so far as they are used well, and that their good use is a matter of principle and prudence, not causality and efficiency.

Our greatest problems are social and political problems. They call for social and political solutions. The arts and humanities train us in the sort of skills and sagacity integral to social and political solutions. The arts and humanities save lives!

Chancellor Wise and other leaders of the academy-in-crisis, in addition to the “innovation deficit,” would you consider solutions to the “wisdom deficit” we now face?

Ned O’Gorman, associate professor of communication at the University of Illinois, Urbana-Champaign, is the author of Spirits of the Cold War: Contesting Worldviews in the Classical Age of American Security Strategy and the forthcoming The Iconoclastic Imagination: Image, Catastrophe, and Economy in America since the Kennedy Assassination.

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The Chokehold That Is Prosecutorial Discretion

A protest in Grand Central Station in New York after the grand jury’s verdict in the Eric Garner case.

The news yesterday that a second grand jury in two weeks had failed to indict a white police officer for causing the death of an unarmed black man has caused an understandable uproar.  Where should we focus the outrage in a justice system that is failing minorities? Let me suggest one candidate: prosecutorial discretion.

As an assistant federal public defender, I am used to experiencing the fruits of a system designed around the whims of the prosecution. First, what is prosecutorial discretion?  Plenty of literature gives content to this phrase, but it boils down to the idea that a prosecutor can do whatever a prosecutor wants to do, as evidenced by the fact that 97% of all cases in federal court result in guilty pleas prior to, and instead of, a jury trial. The majority of these settlements are the result of plea agreements where the prosecutor, not a judge, decides what charges a defendant should be convicted of, whether or not to require a plea to factors that trigger statutory mandatory minimum sentences, and often sentencing ranges with no input from the judicial branch, let alone a jury of a defendant’s peers. The arcane cruelty of federal criminal laws, particularly in the area of drugs and guns, means that penalties are so severe that most defendants have little choice but to plead guilty. Severe sentencing and over-criminalization combine to make a dangerous cocktail where almost everything is a crime, or multiple crimes.

So what does this have to do with Ferguson?  And now the Staten Island chokehold case?  Without question, the decision of these two grand juries not to indict was because the prosecutors, in their discretion, did not want to indict. As has been detailed elsewhere, when a prosecutor wants an indictment, a prosecutor usually gets an indictment. The fact that both of these grand jury presentments took place over months (instead of hours as is the norm), and involved testimony on behalf of the officers (each police officer testified on his own behalf, again, not the norm) shows just how unique these cases were. And just how little the prosecutors must have wanted to indict.

And why might these prosecutors not have wanted these grand juries to return indictments?  The reason may be legitimate doubts over the culpability of the officers under the laws of excessive force as written. Or because prosecutors have to rely on law enforcement officers every day to investigate cases and make out those cases in court, and, thus, were loath to alienate their usual allies. But we may never know, and we have no right to know under the law.

Prosecutors make decisions not to indict all the time and the only person who might even know about it is the victim, or alleged victim, of some criminal action. No one has a right to prosecution. The recent conversations regarding unprosecuted collegiate sexual assault sparked in part by the controversial Rolling Stone article about my alma mater, the University of Virginia, implicate this fundamental fact. Every victim stands at the whim of the prosecutor to determine whether or not a case even starts down the path of seeking justice from a criminal court.

Bill Stuntz, former Harvard Law professor, described our current system and its disproportionate effects on black Americans well in The Collapse of American Criminal Justice (Harvard, 2011):

As unenforced speed limits delegate power to state troopers patrolling the highways, so too American criminal law delegates power to the prosecutors who enforce it. That discretionary power is exercised differently in poor city neighborhoods than in wealthier urban and suburban communities. Far from hindering such discrimination, current law makes discriminating easy. That sad conclusion has its roots in a sad portion of America’s legal history. When the Fourteenth Amendment’s guarantee of the “equal protection of the laws” was enacted, one of its chief goals was to ensure that criminal law meant one law alike for blacks and whites—that both ex-slaves and ex-slaveowners would be held to the same legal standards, and that crime victims among both groups received roughly the same measure of legal protection. That understanding of equal protection did not survive Reconstruction’s collapse. Today, the equal protection guarantee is all but meaningless when applied to criminal law enforcement, one reason why both drug enforcement and enforcement of laws banning violent felonies are so different in black communities than in white ones.

The Ferguson and Staten Island cases may be targets of our outrage for many reasons, but one should certainly be that prosecutorial discretion has been exposed for what it is—entirely out of our hands.

Lisa Lorish is an assistant federal public defender in the Western District of Virginia and a graduate of the University of Virginia School of Law.

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