Showing posts with label public shaming. Show all posts
Showing posts with label public shaming. Show all posts

Thursday, May 18, 2017

Shame vs. Guilt Culture

Sometimes what I choose to write about is something that gets my attention in several places in a short time. That’s true today.

A friend linked to an LDS General Conference talk, by Elder D. Todd Christopherson, from this past April Much of the talk was on why we share the word of God with others, as part of how we live, which comes down to loving our neighbor. All worth hearing again.
Elder D. Todd Christopherson
photo from LDS.org


But there was a part where he mentioned the contrast between “shame culture” and guilt culture. When I looked up the print version, with footnotes, I realized he was quoting a piece by David Brooks from a year ago, “TheShame Culture.”

I looked that up, and realized Brooks was referring to a previous piece written by Andy Crouch in 2015, “The Return of Shame.” Crouch, in turn, was referencing research by anthropologist Ruth Benedict, defining the difference between guilt culture and shame culture.

So, back to the definition. Here is what Christopherson quoted from Brooks:

Sometimes those who raise a warning voice are dismissed as judgmental. Paradoxically, however, those who claim truth is relative and moral standards are a matter of personal preference are often the same ones who most harshly criticize people who don’t accept the current norm of “correct thinking.” One writer referred to this as the “shame culture”:
“In a guilt culture you know you are good or bad by what your conscience feels. In a shame culture you know you are good or bad by what your community says about you, by whether it honors or excludes you. … [In the shame culture,] moral life is not built on the continuum of right and wrong; it’s built on the continuum of inclusion and exclusion. …
“… Everybody is perpetually insecure in a moral system based on inclusion and exclusion. There are no permanent standards, just the shifting judgment of the crowd. It is a culture of oversensitivity, overreaction and frequent moral panics, during which everybody feels compelled to go along. …
“The guilt culture could be harsh, but at least you could hate the sin and still love the sinner. The modern shame culture allegedly values inclusion and tolerance, but it can be strangely unmerciful to those who disagree and to those who don’t fit in.”
So, guilt is what you feel when you are out of alignment with a set standard, that you know within yourself. Shame is what you feel when a shifting crowd decides to exclude you, because of your ideas or beliefs or associations, or anything they decide.

Guilt is something we want to avoid—but we can generally do so with efforts to live a moral life; we are in control. Shame is also something we want to avoid—but, because the goal post changes, we have very little control, other than to succumb to public opinion of the moment and define that as “moral.”


I read the rest of David Brooks’ article, and he adds this:
David Brooks
photo from here


If we’re going to avoid a constant state of anxiety, people’s identities have to be based on standards of justice and virtue that are deeper and more permanent than the shifting fancy of the crowd. In an era of omnipresent social media, it’s probably doubly important to discover and name your own personal True North, vision of an ultimate good, which is worth defending even at the cost of unpopularity and exclusion.
The guilt culture could be harsh, but at least you could hate the sin and still love the sinner. The modern shame culture allegedly values inclusion and tolerance, but it can be strangely unmerciful to those who disagree and to those who don’t fit in.
I’m a believer in ultimate good. God defines what that is; it is up to us to ascertain what God defines as good and seek that.

When a critical mass of society believes this way—in ultimate good—society moves northward (Spherical Model north) toward thriving civilization. An unfixed “moral compass” leads south toward savagery.

While I was looking at this idea of differences of opinion about morality, and how that has coincided with variations in bringing about conformity, I started reading my BYU College of Humanities magazine that came in yesterday’s mail. The theme is on diversity.

I’m not a fan of what you might call the diversity movement of the past couple of decades. I don’t think diversity of skin color or ethnic background is particularly valuable as an end in itself.

The first time Mr. Spherical Model came home from work talking about some required diversity training, and mentioned the claim that teams that are diverse (i.e., racially diverse and including women as well as men) get better results, I said, “You mean they’re teaching you how to do better despite the diversity?” No. They were not teaching the obvious—how to get work toward good results when facing this common built-in challenge; they were teaching that the common built-in problem wasn’t a problem but a benefit. That didn’t coincide with my life experience. But it turns out that’s pretty much doctrine today.

I still think I’m right. There is some value in having various viewpoints on a team. It might be valuable to get a female point of view (or several, if the group is large enough for the variety, because women are varied). And it might be very valuable to get a viewpoint from someone who has lived in circumstances different from others in the group and more like those they’re aiming to offer a service or product to. And it’s likely to help if you have some detail people and some strategic thinkers on a team. But I don’t see what skin color has to do with it.

The prologue (message from the dean) in the Humanities magazine, by Dean J. Scott Miller, seems to agree with me:

There is an irony to the fact that as we get to know others and experience the many diversities we carry around within us, the superficial differences and outward appearances that so often signal diversity come to matter less and less.
There’s another piece in the magazine by Thomas B. Griffith, Judge on the US Court of Appeals for the DC Circuit, who also earned a degree from the College of Humanities at BYU. He talks mainly about political discourse—and how it would be better to emulate some better examples than we’ve seen recently, like “The Federalist Papers, the Lincoln-Douglas debates, the Letter from Birmingham Jail, and Robert F. Kennedy’s extemporaneous speech invoking Aeschylus as he announced that assassination of Dr. King to a black neighborhood in Indianapolis.” He asserts that the study of the humanities could help. He says:

In his Defense of Poetry, Percy Bysshe Shelley wrote that the key to morality is empathy and that we grow in empathy by exercising our imagination, which means experiencing the otherness of the lives that literature, music, drama, dance, and art present to us.
So learning how others think through the arts is valuable for humans to understand one another; I agree. And then this:

Disagreement is critical to the well-being of our nation. But good humanists will recognize that those with whom we disagree are not our enemies; rather, they are our colleagues in a great enterprise. When we respect each other enough to respond carefully to argument, we are filling necessary roles in a republic founded on the insight that human rights are inalienable because they are given by God.
What we are about here, in this nation’s (the world’s?) effort toward freedom, prosperity, and civilization, is a conversation in which different people, with different minds, different experiences, and different beliefs exchange ideas.

That conversation ought to be the very definition of what goes on on college campuses. But I’d say today the typical college campus (with a few exceptions that I hope includes my alma mater) is the very microcosm of shame culture: ever-moving “morality” based on popular opinion, with no tolerance for any difference of opinion.

The shame culture attack can be stifling opposing ideas, shutting down speech; putting reputation, and maybe class grades, in jeopardy; maybe also choice of career, means of making a living, and ability to live freely in society.

There’s a long list of things for which you can be given the shame culture attack these days. In short, you can be given the shame culture attack for recognizing the principles that lead to freedom, prosperity, and civilization—because the shame culture has redefined tyranny, poverty, and savagery as “good” for now, until they change their minds.


Diversity of superficial things is pretty irrelevant. Diversity of ideas was never the danger. A closed mind combined with a shaming culture that forces conformity—that’s a danger.

Thursday, December 8, 2016

Thought Crime Press

I have a list of questions:

·         When five of nine judges make a societal change, are all Americans required to change their beliefs to align with that slim majority?
·         If individuals don’t immediately realign, should they be shunned, publicly shamed, forced out of their livelihood, and protested? Should this happen based on assumptions about someone’s beliefs, rather than on what they have done?
·         If one judge swings the majority opinion to something at odds with entire religions, such as Catholics, most Protestants, Latter-day Saints, and Muslims, should all of those adherent be required to denounce their religions or face the loss of their rights to participate in the marketplace and society?
·         If everyone is to change their opinions to align with that slim majority, does that include the four dissenting judges? Should the dissenters be forced to change their opinions or else risk being drummed out of their positions?
·         If even judges are to be forced to change their opinions whenever they are in the minority, does that need to happen even when a ruling goes against the side you’re now supporting?
·         Does that mean that you must change your beliefs whenever a slim majority of the Court goes against you? Should you be subject to coercive efforts such as shunning, public shaming, being protested, and forced out of your livelihood?
I’m asking the questions to carry a thought to its logical conclusion. Because people who police other people’s thoughts and attack them for disagreement tend not to be people who think things all the way through.

I’m hoping that we’ve reached the end of that pendulum swing (the disallowing dissent from current popular beliefs, particularly those in progressive/social-justice-y minds) and moving back to actual tolerance and respectful disagreement and dialogue.

This past week there was the attempt at public shaming of Chip and Joanna Gaines, hosts of HGTV’s Fixer Upper. I’m a fan. I’ve binge watched the seasons available on Netflix, and I’m glad a new season is underway. We’ll be within an hour of their store in Waco during the holidays, and we’re trying to work out a visit.

Chip and Joanna Gaines of HGTV's Fixer Upper
Photo from HGTV on Twitter, also found here

One of the things I love about the show is their happy family. They show the kids, at home around their farm. And they show how the family works around the parents’ busy schedules to make sure there is time for kids. There’s a little bit of family in every show.

They’re Christian. They’ve been very open about their faith in multiple interviews. Joanna has talked about how God led her, first to close down the store she loved to spend time with her small kids. And then, when it was time, step out and build something even better. Their growing business isn’t just about hard work, skill, and Joanna’s exceptionally good taste; it’s about using their talents to serve others and glorify God.

The attack in the press, BuzzFeed, was underhanded, and couldn’t even qualify as journalism. They spread the story that Chip and Joanna attend a church where the pastor is against “same-sex marriage.” There was no interview of the pastor; there was nothing in his behavior to show that he has attacked homosexuals or even been unkind to them. There was only assumption and inference. And, by association it was implied that the Gaineses ought to have publicly denounced their own pastor. And, failing that, maybe their show ought to be boycotted.

But, instead of some of the torches and pitchforks we’ve seen surrounding this issue, even people who support “same-sex marriage” were saying, that’s not only bad journalism, it’s just the wrong thing to do.

In a Heritage Foundation panel discussion, “Decision 2016: What’s Next for Conservatives?” Ben Domenech of The Federalist talked about this in a way that made me hopeful:

I don’t think we should underestimate how significant an issue the fact was in this election, that we had an election after the progressive left in America had announced an end to the culture wars. They were confident that the culture wars were over, “and we won. And we’re going to go around the battlefield shooting the wounded. And we’re going to continue to do that in a very public way. And we’re going to single out American individuals, private citizens, who simply have what is, from our perspective, the wrong views. The wrong views about God. The wrong views about family. The wrong views about the way that we live.”
I think it is very interesting what happened over this past week with the targeting of the HGTV hosts Chip and Joanna Gaines, merely for the fact that they went to a church where the pastor was a Christian and believed Christian things that one would expect to see if you went to a church in Texas and heard Christians talking about Christianity. And the fact that there were a number of members of the media, the left media included, who stood up and said, “This is unfair. You shouldn’t do this. You shouldn’t target people this way.”
I think that we are in an entirely new space culturally, about where there are a number of people on the left who recognize, “Hey, there are a lot of Americans who don’t agree with us about things, and maybe we should acknowledge that those views are acceptable to have within the public square. Maybe we shouldn’t be so quick to embark on this type of targeting.”
I think, under this administration, you are going to see an amazing thing happen, which is that the left is suddenly going to rediscover that they like civil liberty, that maybe federalism is a pretty good idea. Maybe not the entire country needs to be governed by the same rules or expectations whereby a centralized government in Washington… I think you’re going to see them rediscover the fact that, hey, local things are good—and not just food. And that’s something that I think is going to be a very beneficial trend. And it’s one that conservatives, that people who believe in the Constitution, should be prepared to seize a hold of. Because, if the outcome of that is to devolve power back to our citizens, to our communities, to our neighborhoods, to our states, that’s something that we’re all going to benefit from.
Chip and Joanna Gaines said nothing during the week of attacks on them. Then Chip finally tweeted this:
Chip Gaines
@chippergaines
Regardless of our decision to make a statement about all this craziness, or not, I ask that people please! respect @KateAurthur & @ginamei
3:15 AM - 3 Dec 2016
He asks for respect. That is all. After taking the attacks without so much as a single defensive grumble, he appeals to common decency. In other words, he has responded as a good Christian.
Maybe there’s something in Christian beliefs that build people like this, or at least people who strive to be like this as much as we have learned so far.


I don’t know the anything more about Kate Aurthur, who wrote the non-news piece with the insinuating headline. I’m not inclined to shun, shame, and protest until she is fired and blacklisted. But I’d like to point out the irony of her claim—after what she just did to Chip and Joanna—that Christians are immoral. And I suggest she open up a Bible and look up Matthew 7:4 or Luke 6:42 and read about motes and beams in the eye.

Wednesday, July 2, 2014

Letter to Mike Rowe

A week ago Mike Rowe, the Dirty Jobs guy, wrote about an experience he had in line at a liquor store, where the store owner posted photos of shoplifters he’d caught on security tapes. It’s an interesting little piece. My son Political Sphere came across it, and because the discussion included some legalities surrounding the public shaming, and Political Sphere being a law student and entertained by such thought exercises (it’s summer, and this was the weekend before a new internship started), he wrote his legal opinion. Which is NOT to be construed as legal advice, which he can’t legally offer yet.  
This is the shoplifter-in-action photo
from Mike Rowe's site,
with ID covered for legal safety


But, just for the fun of it, here is Political Sphere’s open letter to Mike Rowe, with tort law citations included:
_____________________ 

June 24, 2014 

Dear Mr. Rowe, 

I read about your experience with a lawyer at the liquor store the other day. I am only a law student and cannot give legal advice yet. I personally think that your lawyer gave you good advice to prevent a lawsuit, because lawyers such as the one you met at the liquor store exist. But I vehemently disagree with that lawyer’s assessment that the liquor store owner would likely lose; in fact I think that lawyer would be liable for malpractice if he pursued the case. Again, nothing I say should be taken as legal advice, but merely as my personal opinion (unfortunately, I must repeat and emphasize this to prevent my own liability, because, yes, this is what this country has come to). 

As I see it, there are likely only two causes of action the lawyer could consider pursuing here, both of which are likely to fail. The first is a defamation claim, alleging that the store owner has lessened society’s estimation of the person photographed. However, truth is an ultimate defense to any defamation claim. Therefore, the lawyer would almost definitely fail taking this course of action.  

The second option would be a claim for intentional infliction of emotional distress. This too is likely to fail, because the lawyer would have to convince a pool of jurors, made up of regular people (i.e. non-lawyers) such as yourself, that the actions the store owner took were outrageous. I cannot personally imagine that a person other than a scumbag lawyer like the one you talked to would see the store owner’s posting of the picture as outrageous.  

Besides likely failure using those two approaches, there’s an additional reason not to take on such a suit. The lawyer would be committing malpractice by encouraging the person pictured to file suit, because that action would identify the person to the store owner and the state. This identification would allow the store owner and the state to pursue charges on the criminal act the person is alleged to have committed.  

We’ll take the two claim options and then the reasons for malpractice in order. 

First, there are variations of the defamation cause of action in each state, but the lawyer is unlikely to succeed on a claim of defamation, because the statement is true. Generally, to incur liability for defamation, either libel or slander, there must be (1) a false statement, (2) the false statement must be defamatory, (3) the statement must be made to a third party, (4) the person who made the statement must have committed at least negligence in determining the falsity of the statement, and (5) the statement must have caused harm. Restatement (2nd) of Torts § 558. Here, based on what was explained, element one is not met. 

A person is not liable for a true statement. Restatement (2nd) of Torts § 581A. When a statement is defamatory per se (defamation per se is a defamatory statement that is naturally going to decrease the person in the eyes of the community, such as accusing the person of a crime), then a presumption exists that the statement is false. E.G. Thomas v. Bowen, 29 Ore. 258, 266-67 (1896). In Thomas, a newspaper printed that the plaintiff was guilty of larceny before the plaintiff had been convicted of the crime. Id. at 266. The Court observed that because the law presumes that a person is innocent of a crime until the person is proven guilty, then charging a person with an indictable offense is presumed evidence that the statement is false. Id. Thus, the defendant has the burden to prove that the statement is true. Id. 

In the case you mention, I would presume that the people pictured have not been charged. Therefore, the presumption is that the person is innocent. However, the defendant may rebut the presumption and show its truth. This fact alone makes it unlikely for the plaintiff to win, because the store owner explained that he maintained video evidence of the people shoplifting. Therefore, the store owner should be able to rebut the presumption.  

Second, a suit for intentional infliction of emotional distress is likely to fail, because the average person will not see the store owner’s actions as outrageous, and may not even consider the person severely emotionally distressed. To succeed in a suit for intentional infliction of emotional distress, the lawyer must be able to show that the store owner (1) by extreme or outrageous behavior, (2) intentionally or recklessly, (3) caused, (4) severe emotional distress. Restatement (2nd) of Torts § 46. Following your discussion as it was relayed in your letter, this is the more likely path the lawyer was considering. The lawyer claimed that he would be able to show that the person pictured was emotionally distressed and that the store owner was the cause of that distress. He continued to compare the punishment through the legal system with the public shaming used by the store owner.  

However, the lawyer is unlikely to win, primarily because, despite his claim, a jury would not consider the public shaming utilized by the store owner as extreme or outrageous. The comment provided by the restatement explains: 

The cases thus far decided have found liability only where the defendant's conduct has been extreme and outrageous. It has not been enough that the defendant has acted with an intent which is tortious or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been characterized by "malice," or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort. Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, "Outrageous!" 

Restatement (2d) of Torts, § 46. The lawyer would fail to meet the burden explained, because posting pictures of people the store owner accuses of shoplifting does not exceed the bounds of all decency. Consider that, though it is often for somewhat higher crimes, even the police will post pictures of accused parties. Indeed, the police will plaster video of accused robbers all over the evening news. Here, regardless of whether the store owner has malice, it is hard to see a jury deciding merely posting the pictures in the store is extreme conduct. Therefore, it is unlikely that the lawyer could succeed on a claim of intentional infliction of emotional distress. 

But even if the lawyer were able to convince the jury that the store owner’s conduct was outrageous, the lawyer would still likely lose, because the lawyer would be unable to show that any emotional distress suffered by the person pictured was severe. As the comment to section 46 of the restatement explains, “The rule stated in this Section applies only where the emotional distress has in fact resulted, and where it is severe.” Restatement (2d) of Torts, § 46. The restatement continues, “The law intervenes only where the distress inflicted is so severe that no reasonable man could be expected to endure it.” Id. Further, “The distress must be reasonable and justified under the circumstances, and there is no liability where the plaintiff has suffered exaggerated and unreasonable emotional distress.” Id.  

Here again, the lawyer would have to convince the jury, comprised of normal people unlike himself, that the person pictured suffered severe mental anguish, beyond what any reasonable man could be expected to endure, which anguish is reasonable and justified. I know this is conclusory, but I think the lawyer would be hard pressed to show that the distress was severe, much less that if the distress is severe that the distress is reasonable and justified when all that the store owner did was accuse the person of shoplifting and posted the picture in the store.  

In summation, the lawyer would likely lose a claim of intentional infliction of emotional distress. Any emotional distress caused is unlikely to reasonably and justifiably be severe, and I doubt that a jury of thinking Americans would consider posting the picture of an accused shoplifter to be “utterly intolerable in a civilized society.” Thus, the lawyer has no claim against the store owner. 

Additionally, if the lawyer were to bring a suit against the store owner, the lawyer would likely be liable for malpractice. By bringing the suit, the accused shoplifter has identified himself/herself as the person pictured. Thus, the store owner would be able to counter sue for restitution from the shoplifter, and the state would be able to charge the shoplifter for the criminal act. In my experience, the only reason that the state would not already have charged the individual for shoplifting and ordered restitution is because the state does not yet know who the person in the video is. By filing suit, this barrier to charging the individual with the crime disappears. 

In conclusion, the lawyer you talked to would likely not only have lost the claim for either defamation or intentional infliction of emotional distress, but subjected the client to jail time, restitution, and a criminal charge on the client’s record. It is irresponsible to open a client up to such liability. As such, the lawyer would likely be liable for malpractice for being stupid enough to represent the client in suing for defamation. 

There are, unfortunately, bad lawyers who would file this type of litigation, thinking that the suit would likely succeed. But the majority of lawyers would recognize the slim chance of recovery in this case and refuse to act as this lawyer claims he would. I hope this gives you a little more faith in the legal system.

Sincerely, 

Political Sphere