Letterman and the Abolition of Cruelty
Cruelty, the famous theorist Judith Shklar tells us, is the worst thing we do. For small-l and big-L liberals as different as Richard Rorty and George Kateb, cruelty is borne of moral solipsism, an overly me-centric attitude toward experience that blinds us to the truth about the reality of other people. (Obviously there is a popular conservative variant of this position as well.) Rorty and Kateb follow Emerson, Thoreau, and Whitman in agreeing that life outside of politics can be made less cruel to the extent that we realize our unique identity is part of a symbiotic relationship with the ultimate diversity and novelty of democratic life, including the uniqueness and multitudinousness of others. But far and away most liberals think that the most important way to diminish cruelty is through politics. Making politics safe for democracy is itself a task dedicated to getting rid of the politics of cruelty — memorably described by Benjamin Constant as a politics driven by ‘conquest and usurpation’, with oppression sure to follow. The positive upshot of this political project is a thoroughly rights-based liberalism.
As Isaiah Berlin can tell us, however, rights-based liberalism is caught up in its very essence with our understanding of the difference between — to quote Constant again — the liberty of the ancients and that of the moderns. To put it simply, the classical Greeks had nothing of the public/private distinction that we recognize today, because the whole public sphere was political. Today, we care more about civic life than political life, and our individualist civic liberty looks a lot different than, and does work much different from, the anti-individualist political liberty of, say, Sparta. The point of all this for us today is that even a robust rights-based liberalism is going to draw the public/private line somewhere, demurring from the a totalistic administrative extension of rights and corresponding duties into the minute details of intimate life.
Yet we’ve all watched as sexual-harrassment regulations have advanced into intimate life. Such regulations — and the whole battery of sensitivity-enforcement mechanisms that have come to reflect the utter dominance of Human Resources departments over the businesses and industries that host them — obviously don’t descend on high from Washington. But they’re also clearly tied up with the rights-based view of liberalism, and the liberal political project dedicated to minimizing, if not abolishing, cruelty. Ultimately, the viability of anti-cruelty measures packaged in our sensitivity-enforcement laws depends on a certain kind of constitutional interpretation. So it’s not much of a stretch to say that such laws, although they flourish in the gray area where public seems to mix itself up with private, contribute to a change in the way we segregate life spheres in America. The public/private distinction seems increasingly strained or incoherent in the face of a new divide between the official and unofficial spheres of life — the first a sphere of longitudinal legal regulation, the second a sphere in which we are free to take unregulated latitudes. Sometimes these latitudes look plainly like ‘private’ choices; sometimes they just as plainly involve very ‘public’ conduct.
As soon as we recognize the ways in which we’ve abandoned the public/private divide, however, we begin to see that the official/unofficial divide that replaces it labors under a certain strain. The organizing project of official life — fighting the political war on cruelty — is frustrated and undermined by many of the organizing projects of unofficial life — which, in their toleration or even celebration of mutual use and abuse, subvert or deconstruct the very concept of the cruel. Just as it’s become increasingly difficult to take seriously the principle that we know obscenity when we see it, so are we beginning to lose the ability to know cruelty when we see it. Among Dave Letterman, the girl who slept with him, and the boyfriend who had just moved in with her, who is predator and who prey? For whom does the bell toll? Anyone? Everyone? In our contemporary economy of lusts, longings, and limited-term gratifications, the term ‘cruelty’ — at least as political liberalism understands it — drops out. When liberals dreamed of abolishing cruelty, this isn’t what they had in mind.
And none of this, I think, is happening because we’re becoming ‘less sensitive’. In many ways, we’re more sensitive than ever, sensitive to a fault, neurotically or obsessively sensitive. No, it seems rather that the kind of individuality we’re apt to pursue in unofficial life helps dissolve the unit of analysis on which our definition of cruelty depends. Paradoxically, the latitudinous pursuit of Emersonian individuality in unofficial life seems to be destabilizing and calling into question the solidity of our individual being. Rorty and Kateb lead us to believe that the temptation to be cruel outside of politics is best mitigated, educated, and corrected by the liberal virtue of curiosity. But you have got to be, as our own Peter Lawler has put it, especially ‘old and lame’ not to realize that curiosity is the very motto of those whose individuality destroys the credibility of the concept of cruelty. By the sign of curiosity, they have been conquering and usurping outside official life for quite some time now. It’s true that things aren’t nearly so dire as they were when our great social critics of the ’70s and ’80s (Kristol, Bell, Lasch, Rieff, MacIntyre) were writing. But given the uncanny way in which we’re making cruelty less comprehensible, it’s hard to congratulate ourselves for it.
RE: Abolishing Cruelty
Paul Little’s Obscenity conviction vs. United States v. Stevens
Compare and Contrast
— Tony Comstock · Oct 7, 02:29 PM · #
Also re: “know it when we see it”
Probably not news to you James, but in it’s original context this famous Stewart quote was a rule out, not a rule in maxim; or at least that’s how I read it. Here’s the full quote and a link with a more little history about the film at the heart of the case that gave us this oft (mis)used quote:
“It is possible to read the Court’s opinion in Roth v. United States and Alberts v. California, 354 U.S. 476, in a variety of ways. In saying this, I imply no criticism of the Court, which in those cases was faced with the task of trying to define what may be indefinable. I have reached the conclusion, which I think is confirmed at least by negative implication in the Court’s decisions since Roth and Alberts,1 that under the First and Fourteenth Amendments criminal laws in this area are constitutionally limited to hard-core pornography.2 I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that”
Jacobellis vs Ohio: I know it when I see it.
Stewart backed even further way from “I know it when I see it” both Miller v. California in signing onto Brennen’s dissent
“The Court has worked hard to define obscenity and concededly has failed. In Roth v. United States, 354 U.S. 476 , it ruled that “[o]bscene material is material which deals with sex in a manner appealing to prurient interest.” Id., at 487. Obscenity, it was said, was rejected by the First Amendment because it is “utterly without redeeming [413 U.S. 15, 38] social importance.” Id., at 484. The presence of a “prurient interest” was to be determined by “contemporary community standards.” Id., at 489. That test, it has been said, could not be determined by one standard here and another standard there, Jacobellis v. Ohio, 378 U.S. 184, 194 , but “on the basis of a national standard.” Id., at 195. My Brother STEWART in Jacobellis commented that the difficulty of the Court in giving content to obscenity was that it was “faced with the task of trying to define what may be indefinable.” Id., at 197.”
And further still in Jenkin v Geogia when he again signed on to Douglas’s dissent:
“In order to make the review mandated by Miller, the Court was required to screen the film Carnal Knowledge and make an independent determination of obscenity vel non. Following that review, the Court holds that Carnal Knowledge could not, as a matter of constitutional law, be found to depict sexual conduct in a patently offensive way, and that it is therefore not outside the protection of the First and Fourteenth Amendments because it is obscene.” Ante, at 161.”
“Thus, it is clear that as long as the Miller test remains in effect “one cannot say with certainty that material is obscene until at least five members of this Court, applying [418 U.S. 153, 165] inevitably obscure standards, have pronounced it so.” Paris Adult Theatre I v. Slaton, 413 U.S., at 92 (BRENNAN, J., dissenting). Because of the attendant uncertainty of such a process and its inevitable institutional stress upon the judiciary, I continue to adhere to my view that, “at least in the absence of distribution to juveniles or obtrusive exposure to unconsenting adults, the First and Fourteenth Amendments prohibit the State and Federal Governments from attempting wholly to suppress sexually oriented materials on the basis of their allegedly `obscene’ contents.”
Of course Stewart’s original meaning has been completely lost, and “I know it when I see it” has become convenient shorthand for “You’re making this more complicated than it really is, and my opinion is the one that matters.” Liberals use it this way, conservatives use it this way, and you’re doing it here in this essay.
When do we get to hear your GB songs?
— Tony Comstock · Oct 7, 03:00 PM · #
Cliff’s Notes version: when everything is cool, cruel ain’t cruel.
— Kristoffer V. Sargent · Oct 7, 03:38 PM · #
“In our contemporary economy of lusts, longings, and limited-term gratifications, the term ‘cruelty’ — at least as political liberalism understands it — drops out. When liberals dreamed of abolishing cruelty, this isn’t what they had in mind.’
I’m not sure if lust, longings or limited-term gratifications are all that contemporary, and it appears we have eradicated cruelty to an extent never before experienced. To even be concerned with Letterman’s behavior is an incredble advancement over the historical behavior of rape, pillage and domination which was much more common than it is today. Official concern should take place when coercion is established, but government should have no say in voluntary behavior where there is no coerced victim.
If Letterman has not violated a company policy or broken a law, then his behavior is what it is and everyone concerned responds, or not, according to their choice. Cruelty may not even be an issue. “Cruel” describes, through a value-judgement, the nature of an act, but it’s only the act which can properly be judged by law.
— mike farmer · Oct 7, 04:24 PM · #
Here’s my translation. Some of this is infered or intuited.
-Some people think cruelty is bad.
-Liberals want to banish cruelty through political means
-For the ancient greeks this would have meant rules for private behavior, but Liberals want to keep the gov out of private behavior.
-But, ironically, sexual harassment laws, the very kind of laws that liberals enact in their war against cruelty, intrude into the most private of of a persons private life.
-The enforcement of these laws messes up how we see public and private in america
-Public and private become official and unofficial. Official is where there is a longetude of rule, unofficial is where we can take any latitude we want (Get the pun? I think the whole piece exisist so so he could make that pun), which means that….. We can do whatever we want but some of it might be illegal/cruel
-But the official/unoffical divide doesn’t work so well, becasue liberals think that the government should not intrude into the bedroom, but at the same time, sometimes cruelties are there.
-Therefore we can’t tell what is curelty anymore.
-For example, who was cruel in the triad of Letterman, his assistant, and the blackmailing ex-boyfriend? There’s no way to tell. Sexual harassment laws in combination with sexual latitude have confused the shit out of us.
-Becasue liberals think we should be able to do nasty things in the bedroom without societal interference, the solidity of our individual being is being called into question.
-This is not good.
Here’s what I think JP wants you to take away from all this: Without guidence from society re our intimate encounters, we will no longer be able to tell what cruelty is.
Here is my personal take: I think there might be an interesting argument floating around somewhere in JPs brain, but becasue on his planet the native mode of communication is scent-based and thus his understanding of human laugauge is incomplete, we most likely will never know.
— cw · Oct 7, 11:57 PM · #
cw, I just assumed I’m not smart enough to fully get it. Three aspirins didn’t help.
— mike farmer · Oct 8, 12:08 AM · #
No, you are smart enough. It doesn’t really make sense.
— cw · Oct 8, 01:04 AM · #
Don’t be so hard on JP. Like me, or Sailer, it’s his job to take his schtick and try and show how it’s relevant to whatever the day’s news is. Sometimes it works and makes a reader say “Hey. Wow. I never made that connection before.” Sometimes it doesn’t work. Either way the next day comes and you look around for another news item that’s getting play and try to think how you might be able to work with it.
— Tony Comstock · Oct 8, 01:11 AM · #
At best, it kind of works as poetry.
— cw · Oct 8, 01:11 AM · #
True dat. JP’s got a hell of a way with words. Maybe someday he’ll quit with this punditry and give us some art.
— Tony Comstock · Oct 8, 01:15 AM · #
TC-
I don’t really want to harp on this, though I kind of have before. But it is not a case of trying to sell some conservative idea though unique presentation, or or not only a case of this. That piece of writing is at best only half-comprehensible. It is full on non-sequitors, refereneces that really need explaining, leaps of logic, just plain gibbereish.
For instance, in the gibberish category:
“…rights-based liberalism is caught up in its very essence with our understanding of the difference between….the liberty of the ancients and that of the moderns.”
What does “caught up in it’s very essence” actually mean? Nothing. That’s just the tinyest tip of the ice berg.
If the guy wants to be a writer of ideas he should lay off the speed, or at least put what he writes aside until he crashes and can proof read it.
— cw · Oct 8, 01:24 AM · #
Yeah, sometimes James is a little florid, and sometimes that trip well over the line into nonsense. Lucky he’s got you to call him out on it! But like I always say, nothing exceed like excess; and more often than any other writer here, James makes me go “I like the way he said that, even if I disagree, or even if I have no clue what he meant.” Like you said, poetry.
Also, I don’t think James actually means a lot of what it seems like he means. Just three days ago a caller on the Diane Reems show berated her about raising up abortion inside the healthcare debate, ie helping to turn what ought to be a serious nations discussion into another fundraising opportunity. (It’s my hobbyhorse and I’ll ride it if I want to.)
Maybe you can’t see it cw, safely ensconced in your hollow tooth, but something is happening. At first my gay UCC paster friend was more than a little surprised that I have an ongoing correspondence with an English professor from Wheaton, but the more he heard about what we talk about, the less surprised he was.
So yeah, don’t let James get away with being lazy (you know I won’t) but let James be James, and I bet you as the years go by you’ll be (pleasantly) surprise by a lot of his ideas.
— Tony Comstock · Oct 8, 01:57 AM · #
I’m pleasantly surpised when I detect any of his ideas.
— cw · Oct 8, 02:40 AM · #
I like James. He’s one smart mutha, for one. And I always like that. And he’s well versed, so he speaks my language even if it’s delivered with a strange dialect and weird posture. I’m pretty sure I can reach him if I need to. And I think he’s sincere.
But I mostly agree with cw. JP is either trying too hard or not trying hard enough. FWIW I think it’s the latter.
— Kristoffer V. Sargent · Oct 8, 02:44 AM · #
There is no try.
— Tony Comstock · Oct 8, 02:51 AM · #
What is anti-individualist political liberty anyway, and how did it apply to Sparta? The anti-individualist part I get, but liberty? Nope.
Besides that, I feel like I just passed through a dust storm, but nothing has really happened at the end of it.
— D-Blog · Oct 8, 03:13 AM · #
The liberty part was that the Persians couldn’t tell them what to do with their helots.
— Pithlord · Oct 8, 03:54 PM · #
Good one.
— cw · Oct 8, 04:17 PM · #
Might we say James’ post conveys a “sense of meaning”…?
— Andy · Oct 8, 09:09 PM · #