September 11, 2013
Diogenes of Synope was a funny Greek philosopher who used to wander the streets with a lantern in the daylight “in search of an honest man.” He was something of a hippie, as he spurned riches, reputation, and even hygiene. He also questioned patriotism and preferred to call himself a citizen of the world.
As I grow older, I find myself thinking more and more like Diogenes, at least insofar as I believe I could carry on a similar search for an honest man and never find one. Honesty is more than telling the truth. Honesty is the willingness to call a spade a spade, even when the full truth makes one look weak.
Lawyers might have a problem with this because they are paid to put the client’s “best case” before the court. They are paid to keep some bad information secret through the attorney-client privilege, to ignore inconvenient facts, and to make the other side’s “best case” look preposterous, even if it is the more likely truth. No doubt Diogenes would have a field day with lawyers.
Of course, lawyers do not necessarily handle the truth in such ways when clients, judges, and juries are not around. We lawyers have also usually been exposed at one point or another to the limitations of our knowledge. As young lawyers researching a legal question, we learn that even though we might discover a law on the books that apparently resolves our legal question, there might be another law out there stating that the just-discovered statute does not apply in certain situations. Since it is practically impossible to read every law out there to prove a negative (especially on the client’s dime), the lawyer must act with some degree of faith in his/her mentors, practice guide books, and even gut instinct. That degree of uncertainty should keep the lawyer’s attitude in check.
When dealing with coworkers and clients, however, lawyers must appear confident in spite of the fact that they might be wrong (even embarrassingly so). I can’t help but wonder if this bravado comes from society or if lawyers helped to contribute this approach to society, but it seems that virtually everyone in public life wants to focus on his or her argument, ignore or suppress all information counter to that argument, discredit all those who might question that argument, and reframe any opponent’s argument in a weaker way so that it is easier to overcome. This is probably not the best way for a curious listener to arrive at the truth—listening to multiple myopic, self-serving viewpoints and trying to sort between them.
The thesis/antithesis model of reasoning, where one honestly and readily admits the most powerful arguments opposing one’s argument during discourse, is far superior for everyone’s sake if one is to hope that the truth triumphs even to one’s own detriment. Sadly, we are usually not honest enough to hope that the truth prevails even though it crushes us. We could join Diogenes’ search, knowing full well that no one is brave enough or righteous enough to always admit the truth and expose his own frailty.
September 10, 2013
I would really enjoy discussing the definition of legal “rights” with these people. The Boulder Rights of Nature organization in Boulder, Colorado, seeks to establish rights belonging to nature itself as a means to protecting the environment. As a legal matter, it’s difficult to see how these “rights” could be enforced, given the lack of legal standing (one generally cannot sue to enforce someone else’s rights unless one has a special relationship with the other person, and since the rights here would be asserted against property owners to prevent them from “harming” the natural beings on their own property, it is difficult to conceive who besides the property owner could have that “special relationship”).
But leaving legal standing aside, this could get interesting if it gains any traction with the media. A few years ago, I wrote on this blog that the intentional killing of any human organism (including the pre-born) should be illegal, and a reader objected that I was imposing my religious beliefs on other people. He urged that one cannot grant “personhood” to an unborn human because other people do not believe that unborn humans are “persons.” I disagreed, of course, and argued that the granting of rights and “personhood” to a human being comports with justice and also is not religious. The Boulder Rights of Nature organization helps prove my point. That organization is not “religious” as far as I can tell. If a law granting “rights” to nature (the trees and flowers) is irreligious, a law granting rights to preborn humans is not religious, either.
In that vein, I especially love this quote from BRON’s proposed draft Sustainable Rights of Nature Ordinance:
While not eliminating property ownership, these new laws seek to eliminate the authority of a property owner to destroy, or cause substantial harm to, natural communities and ecosystems that exist and depend upon that property.
Could we not draft a similar law stating, “while not eliminating a woman’s dominion over her own body, this new law seeks to eliminate the authority of a person to destroy, or cause substantial harm to, natural human organisms that exist and depend upon her body”? Are preborn humans less deserving of protection than trees? If the Sustainable Rights of Nature Ordinance is not inherently unjust, could a law preventing the intentional killing of innocent preborn humans ever be unjust?