Tag: reasonable person

Ok Boomer

~ Michael Davis

Consider this hypothetical.  You’re standing in your kitchen, cutting slices of cheese with a razor-sharp carving knife.  You realize there are such things as cheese knives, but you don’t have one.  For those readers currently languishing in suburban opulence, who can’t imagine someone not owning a cheese knife, I’m here to tell you such people exist, and they are probably more numerous than you have imagined.

Anyway, you’re cutting some cheese.  It’s not difficult because the knife is a diamond-sharp Japanese “Zebra” blade, perfectly weighted for carving your burned pot roast, which is otherwise as uncuttable as second base.  Now let’s say you drop that knife in a moment of privileged carelessness and it goes point-down through the top of your foot.  Stop screaming.  You’re not going to die.  But there is quite a bit of blood welling up in your slipper.  Better attend to that.  You limp to the bathroom, whimpering and cussing, and start looking for the antiseptic.

In spite of what you plan on telling your spouse (My hand was wet.  It just slipped.), you really have no idea why or how this could have happened.  All you know is that it hurts.  Did you deserve it?  Think about this.  Did you deserve to have a skewered foot?

One argument says, yes, if you hadn’t been worrying about your Bitcoin investments at that moment and whether the new walnut end tables really express your essential joie de vivre, you might have paid closer attention to what you were doing.  You might have taken better care.  Now small ripples of dread and frustration will radiate through your life for the next few weeks the same way pain radiates through your foot. 

Your mindset will be affected.  Your spouse’s mindset will be affected.  Maybe your acuity at your job will temporarily decrease.  Your irritation levels with Ralph, your neighbor, when he decides to fire up the lawn mower at 5:40 AM next Sunday, may run considerably higher.  You might even speak harshly to the cat—a small thing, like the cat himself, but surely not something he, as a fellow living being, deserves.  You’re the one who dropped the knife, you careless dolt.  There are consequences for everything.  Close your mouth and own up to them.  Be an adult for a change.

But another argument says, no, accidents will happen.  No one wants to injure themselves and no one ever truly asks to be hurt.  There are so many opportunities in modern life to harm yourself or others that it’s likely to happen, now and then, even if you aren’t naturally accident prone. 

No matter how much care you take, there are acts of god; there are times you break your foot stepping off the train, even if you’re minding the gap; a tree hits your bedroom wall; a texting teenager rear-ends you 45 feet into an intersection and you almost get hit and have to wear a neck brace for a month; you drop your phone in the airport toilet; you forget your wallet at the register. 

These sorts of things happen whether or not you look both ways, don’t inhale, read Consumer Reports, wear three condoms, and keep your windows triple-locked.  Feeling ashamed and responsible for unforeseeable disasters is just adding insult to undeserved injury.  Sit down.  That’s right.  Have a cookie.  And tell me where it hurts.

Two good arguments: one about responsibility, the other about compassion.  One is not better than the other, but here we stand on the diamond edge of that Zebra knife between them.  Which one seems more persuasive on its face?  Well, that depends on our emotions, doesn’t it?  The argument that resonates more powerfully depends on who we are as emotional beings.  The one we choose says volumes about us and very little about the event itself.

Hold that thought.  Before we decide which argument style we prefer, let’s talk about how this distinction applies and let’s take it even further, foregrounding the discussion by characterizing the “baby boomers.”  Because the boomers have been the deciders, standing on that diamond edge since 1946.  And much of what terrifies us today was authored expressly and overtly by them choosing a flimsy kind of emotional “responsibility for the responsible” instead of the more compassionate feels—which tells us a lot about them, if not everything we need to know.  

The boomers spent the precious freedoms their parents bought for them as traumatized adults in WWII and before that as traumatized children of the misunderstood, alcoholic, Silent Generation—and the boomers act like they earned it all themselves through true grit and moxie. 

Actually, the boomers are the ones who economically fucked over Generation X.  The boomers built the nuclear stockpiles, created the student debt crisis, lusted after Gordon Gekko and Ayn Rand, and are the ones who currently despise millennials more than any others.  Well, we all despise the millennials.  But still.  We know who the boomers are.  We’re still dealing with their fuckery.

There’s an internet catchphrase going around these days, “Ok Boomer,” which the dictionary tells us is used “often in a humorous or ironic manner, to call out or dismiss out-of-touch or close-minded opinions associated with the baby boomer generation and older people more generally.”  Ah.  That sounds about right for the generation that established our current ruinous, self-serving climate politics. 

As Sorya Roberts puts it (quoting Michael Parenti) in “Happily Never After,” as the environment collapses, elite panic in “strong states with developed economies will succumb to a politics of xenophobia, racism, police repression, surveillance, and militarism and thus transform themselves into fortress societies while the rest of the world slips into collapse.”  Isn’t that a lovely vision of the future?  Most of the boomers won’t be around to see it.  They’re going to die on the golf course well before that.  But the rest of us might live to enjoy it.  That is, if we’re the lucky ones.

In the art world, particularly in creative academia, worsening since about 1975, boomer narcissism has taken this form: there is always room for talented people.  Oh, there are no jobs for you?  You must not be one of the talented few (like me).  Too bad.  Even though, in the boomer generation, you could get a tenured position with an unpublished manuscript and no teaching experience.    

“Always room for good people” is a veritable baby boomer mantra, the meritocratic fever dream of those steeped in imperial luxury, who turn beet-red when someone points out that the they got where they are because they were born into a fortunate time and place between global catastrophes; that the emperor is not a god; that the empire is not eternal; and that its luxuries were founded on a pylon of human skulls.  Boomers comprise a large part of Donald Trump’s “base,” the leering retirees in the MAGA hats.  And though academics generally despise 45, they conveniently overlook that he has more in common with them than any other generation.

So you’re a millennial or, hell forbid, a gen-Xer in your 40s and the socio-political-economic Zebra blade has now gone straight through your foot.  Are you trying to stay interested in the impeachment?  Are you crying “Why me?” when you realize that halving global greenhouse emissions by 2030 is neigh impossible at this point?  Have you been taking solace in Oprah’s self-care philosophies and burning Gwyneth Paltrow’s special candle?  Are you ready for what comes next?  Are you one of the anointed few like dad was?

You’re not.  You can’t be.  But why not just pretend you are, just for a bit, after the Bactine and the Band-Aids, while the Parthenon burns?

Tiredness, Truth, and Mockery: the American Way

~ Michael Davis
...
Early rendition of Alfred E. Neuman, 1908.

Today, I wonder whether I should re-think some of my ultra-liberal biases and attendant leftist news consumption.  This is good.  But, man, I’m beat.

The alt-right (and the radical religious right) to me seems like a uniquely American expression of deep stupidity but, of course, I would say that. Look at my demographic: college educated, democrat, fiction writer, from Southern California, who’s been an expat for almost a decade. Of course, I think Trump is the worst thing that could have possibly happened to the world. Of course, I wanted Bernie but voted Hillary. Of course, I want net neutrality. Of course, I support many (but not all) positions taken by the ACLU. Of course, I believe that, in an earlier era, Obama would have been considered a moderate republican. Of course, I have a problem with drones, civilian casualties, the terrific scope creep of the Patriot Act, and the “war on drugs.” Of course, I care about my country.

If I didn’t think the Green Party was run by bumblers, I would probably join. I’m pro-choice, pro-Planned Parenthood, and I support gay marriage. I think many of these things should not even have to be controversial in a liberal democracy. I dream of a day when there will be universal healthcare and free college tuition. I think climate change is one of the most, if not the most, serious issues we face today. But the truth is that most of these biases and beliefs can be (and are) predicted by an algorithm. The even sadder truth is that I only have so much energy I can devote to fact checking and being outraged. This is a problem. Tiredness is a problem.

The problem is not that there is a right answer we have to find. The problem is that uncertainty and complexity are exhausting over time, especially when you’re necessarily engaged in other things. Most Americans are not, actually, stupid. They’re invested in certain areas–mostly job and family–and in most other respects have a general (superficial) understanding of the world, including political issues and identifying yellow journalism, confirmation bias, and what passes for fear mongering click-bait. I have also seen this in European and Asian countries, relative to various cultural differences and levels of education. The USA doesn’t own “stupid.” Every country with a powerful media has a horse as a proconsul somewhere. The difference is that the States likes to put its toga-wearing horses on display, whereas other countries have not. But this is changing.

In an enormous post-industrial society, you will have many levels of political, historical, and economic awareness and many opinions emerging constantly in the news media. You will also have crackpot theories; secessionism; separatism based on race, religion, and / or gender biases; conspiracy paranoia; multi-directional shaming; late night talk show infotainment; social justice fanatics; religious absolutists; new age hucksters; ambulance chasers; a continuous horde of cynics; doom-saying historians looking for their 15 minutes; the resurgence of failed orthodoxies (like Nazism, ethno-nationalism, and whatever Steve Bannon happens to be reading); and the all-encompassing opportunism that feeds off these things. What you won’t have is a simple black-and-white truth. You will have truthiness.

To live in an information society infected with truthiness is extremely taxing. But just as there is no black-and-white truth, there is no easy solution. A friend of mine has suggested “slow news” as opposed to internet news feeds. It seems like there are some merits there. But slow news does not necessarily safeguard against yellow journalism, which has been around since newspapers could fold. In many ways, the 24-hour news cycle and its problematic presence on social media makes it harder for governments and corporations to spin interpretations in their favor. We should be grateful for the ineptitude of Sean Spicer and the alacrity with which he and his boss are covered by the press corps.

I don’t have answers. I don’t think there is a single version of what is true—at least not one that can be had through the media. But I also don’t think the cross-eyed chants of “burn it down” and “fuck your feelings” have done any good. They helped Trump get elected as president, and he has thus far made a mockery of America. The left understandably wants him gone. The GOP wants him to calm down and let them get on with the kleptocracy. His base supporters are currently upset because he bowed 5 inches to receive an award in Saudi. Some of his supporters are no doubt upset that the Reich hasn’t yet emerged in all its glory. I suspect they will still be upset when he gets impeached.

“Nothing is an absolute reality; all is permitted” – Hassan-i Sabbah

Way Up High in the Manhattan Sky

~ Michael Davis

Reeling this morning from my all-Trump-all-the-time ulcer-inducing news feed of despair, I closed my eyes and focused on my breathing. I’ve been a compulsive news reader since I learned how. And, for the last few months, my morning habit has evolved into a kind of shamanic pathworking. Not the startup-bro takes ayahuasca at Burning Man to dream up new apps sort of thing. More like: I drank the cobra venom and I might be having an aneurysm but, if I live, I’ll probably learn something. Because that’s why we read the news, right? To learn something?

My wife walked into the room, looked at me breathing in front off the laptop, and walked out. After living with me for close to two decades, she deserves a merit badge for humanitarian service. I accept this. Nevertheless, we can’t bring ourselves to compromise on certain things—when the enfant terrible will be impeached, for instance, or when certain GOP representatives will disrobe and start flinging fecal matter at Rand Paul live on CSPAN. You can’t agree on everything.

But one thing we do agree on is that, after reading political posts for an hour, one should not look at emails, blogs, or news about the academic job market or the entertainment industry. Doing so inevitably weaponizes the cobra venom to such an extent that instead of a golden journey to Ixtlan with Don Juan, one finds oneself slipping down to Xibalba with the Lord of the Smoking Mirror. Ghost jaguars. Shrieking bats. Night winds. Tentacles. The American Healthcare Act. Steve Bannon in a bone necklace gesticulating at the moon. A real bad trip.

I was just about to read some Penelope Trunk on why it’s better to marry for money and get therapy instead of going to graduate school for an MFA when my wife came back in and asked me if I’d lost all sense.

“I’m, uh, reading.”

“Why do you do this to yourself?”

“Because, um—what am I reading? Shit!”

I was still in a trance. Penelope had already led me partway down to Tezcatlipoca’s Place of Fear and Torment. I closed her blog and the five newspapers I had open in the browser before I could go any further, but the damage had been done. You never emerge from a news pathworking unscathed.

For example, I’d read in the L.A. Times that Dave Chappelle just cut a $60 million dollar deal for 3 Netflix comedy specials at $20 million per special. And, in all honesty, I got the same feeling I’ve had in the past while reading about Trump filing Chapter 11 six times and defrauding his contractors while possibly laundering money for the Russian mob; Bannon and Puzder beating their wives; and a recently fired U.S. Attorney getting headhunted to teach at NYU as a sweet payoff in which he can “continue addressing the issues I so deeply care about.” Right.

There’s something sickening there, like justice has nothing to do with any of it—just graft and lots of vigorous lying. How many gold-plated toilets do any of them need? I got a very unsettled feeling in the pit of my stomach as I tried not to think that such things exist in the same world as the famine in Sudan or North Korean death camps or the East Chicago water supply so full of lead that 1000 residents are being asked to relocate. Don’t play in the dirt, kids. Just Netflix and chill.

Still, reading about Chappelle was a nice break from the moral Andrea Doria taking place on Capitol Hill, even if the obscene payout did make me a bit nauseated. I think Dave Chappelle is one of the funniest people on the planet. He’s brilliant. There is a very small cadre of extremely talented comedians in the world, of which he might be the foremost member. Very few entertainers are on his level and he definitely deserves to get paid for his work. There’s no question about that. But $60 million on top of all the millions he’s already made seems a bit excessive, no? How about that children’s hospital in Sudan where so many children need help that “the hospital has run out of beds”? I wonder what a quarter of a million could do there? I wonder what $1000 could do.

If anything, the article on Chappelle caused me to start thinking philosophically about what an amount of money like that really means in the life of any individual. I know you can buy a lot of bottles of Pernod-Ricard Perrier-Jouet. And I know you can reach a level where everything becomes relative. If you’re partying with the rich and famous all the time, $60 million might still be an important chunk of change, but maybe it’s not as much, relatively speaking, as one imagines at $50,000 a bottle.

I find myself thinking, what if Dave took 2 of those $60 million (he’d still come away with $58 million, which would be enough to purchase several small islands and a Bavarian castle) and devoted that fragment of his inconceivable wealth to changing someone’s life or the lives of several people who could would clearly and directly benefit? What could be done for someone who can’t afford a prosthesis, for example, or someone living in a shelter who doesn’t have the resources to get back into the workforce, or a family in the Rust Belt living in a transient hotel because they lost their house? Such people aren’t hard to find right at home in the great United States.

Moreover, it may be that someone with over $60 million in the bank could easily hire the right assistants (a whole team, a task force, an entire building’s worth of henchmen and secretaries) to make something like that happen ricky tick. We’ve seen far stranger things in the media lately. We’re bound to see stranger things in the months to come.

Cool dude.

I know Dave has been involved in a lot of charitable events and donated his time to good causes—all of which is as admirable as his talent. But I’m not talking about that. I’m talking about direct action in the lives of people who would be forever changed. Is that naive? It’s certainly not as easy as giving a NGO a big tax-deductible donation or volunteering to participate in a charitable event. Then again, genius-level comedy isn’t easy, either. It takes guts, brilliance, a gift, and the determination to make it happen—just like anything good in life.

Someone in college once said to me, “Yeah, money can’t buy me love, but a certain amount of money will give me the power to make finding it more likely.” I thought about that for years before concluding that it was pure garbage. You can find love in a ghetto. You can find love in a refugee camp. You can find love after everything has been taken away and you think your life is over. As my wise grandmother used to say, “If someone loves you, they’ll come and spend time with you while you mop the floors in a slaughterhouse.”

That seems right. Quality is not quantity. And love, happiness, tranquility, and the satisfaction of doing good work are all priceless, being essentially internal achievements and therefore free to all human beings. But one thing money can do is create conditions for healing the world. And that matters, maybe more than anything. Why do I bring this up after too much Sean Spicer on a Wednesday afternoon? Because it’s been making me ask myself the same old question: What is good? And, once again, I must conclude that quality and quantity are mutually exclusive categories. Show me what you’re doing. Show me how you’re going to heal the world. Then I’ll tell you what’s good.

What is it like to be Dave Chappelle—to be a brilliant artist and to have so much money that it sets you apart from every other artist in your field, except for a very exclusive group of people who happen to be as fortunate and gifted as you are? I have no idea. I do know, like most people, I love his work. But, at the same time, I think of the dreams most people have of a little house with a dog and a garden somewhere quiet where they don’t have to live in fear, of no more crushing debts, of a dental plan, of their kids having reasonable chances to work for a decent future, and of some kind of profession that doesn’t produce night terrors. And I know what it isn’t like to be Chappelle.

These are very modest dreams, but they’re ones that most sincere people have. Most people don’t need half or a quarter of a million to realize such dreams. Most people don’t need or want a super yacht, don’t need to be on the board of the Bank of Cypress, don’t need a tower in midtown Manhattan with their names way up on top in gold. Shit, most people don’t even need tenure—even though the failed sideshow entertainer who passes for our President wants to destroy PBS and the NEA just for kicks; even though, for 30 years, the academic job market has been run by people who dress up in SS uniforms and burn offerings to Ronald Reagan in their secret masturbatoriums. But I know reading about such things is imprudent. It’s Paul Ryan’s Popul Vuh.

So I’ll be trying to detox from the news for the rest of the day. Maybe I’ll work on my novel while I wait for the next paid writing assignment to appear in my inbox like sweet life-sustaining mana from heaven. One thing I won’t be doing is reading any more about Dave Chappelle discovering El Dorado. Because I feel reasonably certain that today someone’s going to die because of money and it won’t be him.

 

Nobody Knows It But Me

~ Michael Davis

classroomLong ago, I was an English teacher at a private high school in central California. It was a good, if demanding, job and unlike many of my colleagues, I seemed to manage occasional moments of non-misery in the workplace. In fact, the two years I spent working there taught me more about human nature than two decades of university teaching, freelance writing, and working abroad ever did.

Without a doubt, teaching over 100 adolescents each semester schooled me not only in how people will behave when going through some of the worst years of their lives but the extent to which many parents are feverishly inadequate when it comes to raising kids. With respect to family, no one wants to admit they have no clue what they’re doing. Everyone must pretend things are running smoothly and they’re in complete control.

I found this pretense interesting, particularly during parent-teacher conferences when ashamed, bewildered parents would whisper, “What do you think I should do?” as if my ability to manage large groups of adolescents somehow qualified me to give them advice. At first, I would explain that my two degrees in English plus minor gifts in speaking in front of people and writing did not mean I had a solution to why Jimmy couldn’t sit still or why Leticia cried through every class and felt compelled to layer everything around her in Purell, or why Leo circulated pictures of his girlfriend’s vagina. Over time, I developed a less draining response: “I do not know.” All Quiet on the Western Front may prepare us to think about the meaning of war, but it will not prepare us for Leo’s girlfriend’s vagina.

I suspected then, as I still do, that confronting such situations is not within the job description of a high school English teacher. But maybe, in the hundreds of outrageous situations in which I found myself in that job, I could have done more. The questions I ask myself now are the questions many parents asked me then: what should I have done? Was there anything to be done at all? There must be an expert somewhere, a veteran administrator or someone with a PhD in education theory, who can speak to this. Maybe a prison psychologist.

I wish I could believe that. In spite of my lingering questions, I think I’ve come to believe the opposite: there actually are no rules—not just for teaching or parenting, but for any area of human experience. A friend once said to me when we were going through our own high school torment: “This is the meaning of life: we all suck and we’re nothing.” I don’t think he fully appreciated how profound that statement was when he said it. 27 years later, I’m still seeing it prove out.

We all suck: no one—and I mean this in the broadest, most inclusive, most general sense—actually knows what they’re doing to the extent that assumptions and judgment calls are unnecessary. Perfect human understanding does not exist and human error is ubiquitous. Even our attempts at artificial intelligence are subject to our limited assumptions about what intelligence actually is (or can be). What can we know beyond a shadow of a doubt? The truth is: nothing, unfortunately.

Surely an engineer will feel confident that, say, as energy is transformed or transferred, an increasing amount of it is wasted. Surely something as dependable and consistent as a physical law (in this case, the Second Law of Thermodynamics) is immutable, absolute, not a matter for interpretation. But even something as ironclad as a law of physics is not without its exceptions. Some things are givens within the parameters of a particular knowledge paradigm, but those givens are always relative to and dependent upon the parameters themselves.

For example, within the agreed-upon bounds of thermodynamic theory, basic laws obtain as a reliable set of rules for the behavior of energy, entropy, and temperature at thermal equilibrium. But we also know that even within that theoretical framework, an empirical finding like the Second Law is subject to exceptions. In 2002, researchers at the Australian National University, in a paper entitled, “Experimental Demonstration of Violations of the Second Law of Thermodynamics for Small Systems and Short Time Scales,” found that “systems can undergo fleeting energy increases that seem to violate the venerable law.” And while this is only one small example, it is by no means isolated or anomalous to the extent that we could dismiss all such exceptions out of hand.

In fact, our entire narrative of scientific progress is predicated on discoveries which alter existing assumptions about how the world works. As Thomas Kuhn observes in The Structure of Scientific Revolutions, “though the world does not change with a change of paradigm, the scientist afterward works in a different world.” The scientific narrative changes. Because it was always a narrative, never an unassailable, omniscient catalogue.

Nothing is beyond interpretation, not even the bedrock assumptions of our most materialistic sciences. Rather, ways of knowing amount to best possible premises always subject to discourse and development over time (to say nothing of the complexities of the information technology we rely on to document and transmit that discourse). We do the best we can. We develop and codify optimal principles for a given field. And then we work with those principles until we encounter a paradigm-disruptive discovery that forces us to revise our theories.

But we’re nothing: Even the most qualified and intellectually responsible claims are part of a conversation (discourse) which is grounded in work that came before and which will be superseded by discoveries and realizations that follow. In many cases, an individual contribution to any field is no greater than a minuscule inch forward with vastly disproportionate implications.

Still, there are careers to develop and Cessnas to purchase and grants to chase and colleagues to slander and books to write and mistresses to support and students to convince. In Polishing the Mirror, the guru Ram Dass—then a social psychology professor named Richard Alpert—describes what he felt was a hollowness at the center of western academia:

In 1961, I was thirty and at the height of my academic career. I had a PhD from Stanford University, and I was a professor of social relations at Harvard. I had arrived at a pinnacle of life as I thought it should be, professionally, socially, and economically. But inside there remained an emptiness—a feeling that, with all I had, something was still missing. Here I was at Harvard, the mecca of the intellect. But when I looked into the eyes of my peers, wondering “Do you know?” I saw in their eyes that what I was looking for was nowhere to be found. In a social or family setting, people looked up to me and hung on my every word because I was a Harvard professor, and they clearly assumed that I knew. But to me, the nature of life remained a mystery.

In Ram Dass’ use of the term, we “do not know” much about the world in any absolute sense. We cannot know because our intellectual tools are as finite as the time we have in which to use them. This is not to argue that we should be content with ignorance. But it is a way to foreground a simple suggestion: speculation is absolutely necessary when it comes to developing knowledge.

Assumptions are necessary. Ultimately, belief is necessary. Kuhn, at least, seems to agree: “Normal science, the activity in which most scientists inevitably spend almost all their time, is predicated on the assumption that the scientific community knows what the world is like.” This seems reasonable not just in science but in any field of human activity.

So what remains to be done if we can never fully know our world and ourselves? Everything! Our inability to attain perfect understanding is no reason to abandon the pursuit of outer and inner knowledge. Rather, it leads us to an acceptance of our limitations as individuals and as a species and, in that acceptance, a very personal yet very real sense of freedom.

Maybe the right answer to those parents who wanted advice should have been: you already know how to raise your kids because what you think is best will be the best you can possibly do. Maybe, as my high school friend seemed to imply back in 1989, we are not static, monolithic, isolate objects. We are no thing.

Instead, we are dynamic, dialectic, fluid collaborations—living syntheses of what was known in the past and what will be discovered in the future. Maybe “discourse” is the most accurate metaphor for human experience. If so, all we can do is try to engage in life’s conversation as robustly as possible. Maybe there are no rules beyond that.

“Baby,” I said, “I’m a genius but nobody knows it but me.” 
― Charles Bukowski, Factotum

All Hail the Tooth Fairy: Reasonability and Belief in Times of Rapid Change

~ Michael Davis

028

We come into the world screaming and it remains for us to learn how to impose order on our experiences such that we can live in a reasonable way. We could say that adult life comes down to whether we have behaved reasonably, according to the information available. In the tension between what we know (including perhaps what we should know) and what we do, agreed upon behavioral standards emerge as a social foundation.

This seems obvious, but the question as to what constitutes reasonable behavior (and, by extension, right action) is always a matter for interpretation. The standard of a “reasonable person” for determining negligence, at least in U.S. civil law, usually goes like this:

The so-called reasonable person in the law of negligence is a creation of legal fiction. Such a “person” is really an ideal, focusing on how a typical person, with ordinary prudence, would act in certain circumstances. The test as to whether a person has acted as a reasonable person is an objective one, and so it does not take into account the specific abilities of a defendant. Thus, even a person who has low intelligence or is chronically careless is held to the same standard as a more careful person or a person of higher intelligence.

A jury generally decides whether a defendant has acted as a reasonable person would have acted. In making this decision, the jury generally considers the defendant’s conduct in light of what the defendant actually knows, has experienced, or has perceived. (http://bit.ly/2fWFUqi)

When this is effective, the reasonable person standard incorporates social assumptions about “ordinary prudence” (aka common sense) and still allows for the particular situation of the defendant, creating polarity between the ideal and the real, insofar as the court is able to imagine these things. In other words, we try to come up with a standard for what should have been done and then ask whether the individual in question could / should have followed suit.

Due to its flexibility, however, the standard can lead to what may seem like odd or inappropriate conclusions. And as useful as it may be, sometimes we can’t help but suspect that any attempt to establish reasonability will still be rooted in the arbitrary biases and popular assumptions of those involved. It calls to mind the old philistine response to art: we don’t know what art is, but we know what we like. Similarly, we don’t always know what reasonability is, but we always like to think we know what we would have probably done. And just as this remains a difficult question for the courts, it remains a difficult question in every individual life.

Birth is painful—the first, most profound lesson we are taught by our mothers. Every subsequent lesson, whether taught to us by family, friends, or schools, is a matter of determining and enacting reasonability in a particular context. This may often be just as painful as giving birth, but it’s something we must do and something most of us do automatically. It is equally necessary in the life of a chemical engineer, an entrepreneur, an impresario, and a stay-at-home mom. When undertaking anything, we have to ask: What are the best practices? What are the best premises? How should we proceed according to what we already know? Our overall effectiveness depends on how we answer these questions and put the answers into practice.

Again, this is all very obvious on its face; though, the questions become more difficult and complex when someone raises “policy.” Policy comes into play in arguments where “each party offers plausible interpretations of the law. In this situation, the judge may then decide the case on the basis of the social goals that the decision will promote, and the purposes behind the particular rules” (http://bit.ly/2f3JC0c). Simply put: we may not only ask what should have been done and whether the person could / should have followed suit. We may also ask whether this is the sort of behavioral standard we want to encourage. As the old saying goes, “If you can’t argue the facts, argue the law. If you can’t argue the law, argue the facts. And if you can’t argue either, argue the best policy.”

Such determinations are challenging in established courts with rules for how arguments are made. It’s that much harder to determine reasonability and best policy in private organizations that require everyone to accept the group’s ideological viewpoint before discussion can even take place. Courts of law are bound to examine a broad range of ethical, political, and social policy considerations, whereas private groups—even those that are extremely large and diverse—need only keep their narrow institutional assumptions in mind when determining what should be.

For example, while one might argue against punishment in a particular case because it could invite a deluge of frivolous litigation (and it is good policy to discourage frivolous litigation in our already overburdened courts), a religious tribunal might decide that the same party should be punished because they are in violation of holy law. To the religious court, the highest standard of reasonability, and therefore the most beneficial policy, rests on scripture, which is the ultimate value and authority, no matter whether this is at variance with the values of mainstream culture.

With this in mind, the members of such organizations find themselves faced with an important question: are the beliefs of the organization more persuasive, i.e. more reasonable, than those of mainstream society? This opens up additional problematic questions, like: is there something unreasonable in mainstream assumptions as I have come to understand them? Is that what led me to this organization (with its alternate viewpoint)? Do I have the knowledge and insight to make a reasonable choice now that I’m in this organization? Did I have the requisite knowledge and insight when I decided to join?

In this, as in so many other things, only lived experience and its results can provide clarity. In other words, when trying to decide what a reasonable person would do and the best policies that should support that behavior, one must look to the “real world”—to what passes for objective material existence—as the only reliable test.

For instance, it’s all well and good to believe that if you pray to the tooth fairy, she’ll bring you a plate of peppermint candies at midnight. It may be more pleasant to believe in a world where that could happen, but believing doesn’t make it so—doesn’t make it a feature of lived, objective, material existence. And if you choose to sincerely believe that this is going to happen, you shouldn’t be disappointed when you don’t see the peppermints in the morning. So one comes back to the necessity of testing one’s assumptions in the laboratory of everyday life.

Saying this presupposes that it is more reasonable to behave in a way that squares with lived experience and to found one’s assumptions on observable, material phenomena. In other words, it is reasonable to assume there is an objective, physical reality that is more or less dependable. Some things prove out, again and again, when we do them. If you put your hand in the flame, your hand will burn.

Without falling into Cartesian hypotheticals about external forces capable of conditioning our perceptions, we can say that ideologically driven organizations run into difficulties when the foundational assumptions of these groups do not prove out in lived experience. Most religions have this problem, but also cults, social clubs, governments, corporations, and private societies do as well.

The question for the individual remains, no matter what group’s set of assumptions are being used: what is the most reasonable standard of behavior? How to do I know? And what should I do when I’m satisfied that I do know?

So here are a few questions you can ask yourself if changing times make you feel like your beliefs are in jeopardy: What groups have you joined? What is your “reality tunnel”? What is the reasonable person standard of these groups? What biases and assumptions do they contain? How do you think they contrast with the standards of mainstream society? What values do these standards reveal? What “best policies” are implied? Where and how do you lack the knowledge to answer these questions? Are there obstacles to gaining this knowledge? What are they and why are they in place?

Maybe the most important question is: how has your lived experience supported / refuted the assumptions about reasonable behavior in your political party, cult, religion, club, society, or corporation? If your lived experience has nothing to do with what you’re being asked to believe, you might want to make some changes.