67) Obama

https://www.podbean.com/media/share/pb-8jd3k-bcdf79

January, 2016: I see President Barack Obama crying.

Small splotches of white salt under his dark brown, snowy night eye seem dabbed on there by a paint brush; of course, it’s just the light reflecting off his evaporating tears.

The photo was taken by Jim Watson for AFP/Getty Images when President Obama was giving a speech on gun control.

November, 2008: I was 22. It was my second time voting for president.

I voted for Barack Obama.

Just the past month my father had died because his colon exploded…

66) Kavanaugh

https://www.podbean.com/media/share/pb-2b594-bcdf5a

The fight for justice…hands stretching, muscles tearing, reaching for the sky- daunting, tempting to surrender, and submit, assuming futility, but people walked on the moon, made a vaccine for malaria, polio, and other diseases.

I contemplate my White Privilege, resenting every remnant of it, and scowl at America’s White Supremacist bigot bullies…oppressing…Native Americans, African Americans, Arabs, Jews, Women, the non-heterosexual, the poor, the vulnerable, the non-Christian, non-Caucasian and it disturbs me, makes me drink my whiskey with a little extra intensity…

I fear that nothing, not a single atrocity, would have moved Justice Brett Kavanaugh’s supporters in the Senate to oppose his confirmation…

64) The 2018 Midterms

https://www.podbean.com/media/share/pb-nimfp-bcdf39

This election feels like a spaceship heading for a black hole.

Please don’t explode…please don’t explode…please don’t explode, and shatter like the German democracy did in 1933…

Last Sunday night at 9 p.m.– the Sunday before the election–instead of “Headliners,” which is usually on at that time on MSNBC, there was special coverage discussing the “big day”– the anticipation, a spectacle like fireworks on New Years’ Eve…

63) Art

https://www.podbean.com/media/share/pb-e8u86-bcdf22

Music plays on my Apple laptop…the back reads: “Designed by Apple in California. Assembled in China.”

According to the “executive summary” for the China Labor Watch Website “workers making the iPhone” are exploited, paid just $1.85 per hour.

(Compare to my $11; compare to $7.25, America’s minimum wage).

The Guardian reports that the Foxcon Longhua factory in China, which manufactures iPhones,

has body catching nets to curtail its suicide epidemic.

Should I trash what the workers produced in protest, and boycott?…

Gun violence: linked to mental illness, lack of ethics, both, or neither?

https://www.podbean.com/media/share/pb-gdx3u-bafe6f

With the heightened tension on the right and the left with respect to the gun violence crisis in America the President is quick to blame mental illness, while many experts and critics on the left warn that mental health is not the fundamental problem and cause. But if we do not refer to the disturbances within the mind that lead up to an act of mass violence as part of a “mental illness,” how are we supposed to characterize it? Mere unethical behavior? But not all breaches of ethics are the same. Is there any connection between severe lack of ethics and mental illness? What standards do we refer to reach such a conclusion? To the degree which we might associate gun violence with unethical behavior one question raised is whether or not the perpetrator of violence fully “knows” what he or she is doing is absolutely “unethical.”

For more about Public Comment visit the website: https://publiccommentpodcast.com/

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On important political events (Episode 55)

What does it mean to be aware of a political event? We all have so much to pay attention to in life so how then do we determine just how much attention to pay to politics? As I wrap my mind around this question it shapes my understanding of the aesthetics of the personal journal podcast genre, for what is an account of life without an awareness and understanding of and personal connection to consequential political happenings? In this context then, I examine the relationship between introspection and political awareness and how my interest in political awareness evolves from first hearing of President Clinton as a kid, through 9/11 as a teenager, and in the age of Trump as a man in his early 30’s. What are we, as Americans, beyond the punditry and commentaries, to make of today’s Mueller testimony to congress? 

***PUBLIC COMMENT is a personal journal podcast about a political and philosophical millennial in search of ever greater clarity and honesty who shares with you his contemplative thoughts as he tries to wrap his mind around the complexities of the human experience.****

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On marketing (part 3: marketing education should be required in schools)

“this is about  people understanding that they’re going to be finding their way into an economy”

Listen to the podcast

This is part 3 of a series of podcasts on marketing which includes a review on how I’ve developed my thoughts on marketing thus far (see podcasts: “On marketing ((part 1))” & “On marketing ((part 2))”  for more on that), my argument for providing marketing education early, comments on my own lack of marketing education, the the blessing and curse of how a need for teaching myself how to market and put that into practice (oh so slowly) has required me to spend most of my free time researching and applying marketing concepts.  

“what have I talked about earlier on so that you can follow in essence the chain of my thinking on this topic here…” (05:21)   

“theoretically one could argue the very first tidbit of marketing conceptualization that ever was brought to my attention was when I was in preschool… it’s called “Learning Steps Academy” I think or “Learning Steps Preschool.” It was near Cream Ridge, New Jersey, Upper Freehold, if I’m not mistaken. I was like two, three, maybe four during those years back then in 89,’ 90,’ 91,’ around a time period and I remember they taught us this particular song… it goes like this:                         

I am special

I am special

yes I am

yes I am

I am very special

I am very special

yes I am

yes I am 

…there’s a lot of things you could take from teaching very young children that kind of song… a lot of interpretations. You could have a lot of assumptions… you might wonder if one had in the notion of telling two three and four-year-olds to memorize that song it may have something to do though with concept of self-esteem and importance of self-esteem… “(22:41) 

“Unless you’re someone with a predisposed passion for marketing unless you’re someone with parents or friends or family people around you specifically educated in or interested in or involved in some aspect of business or marketing that means that the odds are that’s something that’s just not going to be quite as much a part of your consciousness so some people are getting the knowledge that will enable them to present themselves in really effective ways to make a lot of money and other people are deprived of that… but for a plethora of reasons. There’s not just one but this is a concerning thing this is a obvious, this is an obvious and major slice of the economic inequality conversation and I would think even if you’re a libertarian I would think that you would believe this should be required in education” (31:16- 32:24)

 “it’s not until I am like fifteen when I go to a summer camp called ‘Tomato Patch’ performing arts camp camp for actors singers dancers and visual artists only then in that and at master’s class for actors did I start to learn about the concept of industry specifically the acting industry and how to become an actor not just in the sense of the craft and the aesthetics and the art but in practice so I want to give a shout out to Mr. Daniel Spalluto– a great actor a great acting teacher…now he’s a friend of mine but he taught me back in the day at this Actor’s Master’s class and he was all about the industry and understanding how head shots work and understand what it means to get an agent and understanding what it means to be part of a union… this is about  people understanding that they’re going to be finding their way into an economy”  (33:50- 34:58) 

 “I took a journalism class and was able to participate in the College VOICE: the student newspaper for Mercer County Community College and professor Holly Katherine Johnson, she was always very industry minded and always letting us know this is how you want to conceptualize a resume… it’s nice to talk about in journalism in theory but this is how journalism works in practice in terms of how newspapers actually run or websites actually run or magazines actually run ,etc…” (43:24-43:55) 

“I never knew how much time it would be important for me to spend on my marketing endeavors” (47:08)  

“So it’s interesting because I was hoping that I would have been spending a lot more time reading my philosophy books and reading articles and politics and listening to politics podcasts and things in that realm but it turns out all of that time is now being spent learning about marketing practicing marketing and being involved in social media and reading about all these things and I’m not saying this is actually a bad thing …actually I think it’s serendipitous because I think it also turns out that this is a good field for advances in philosophical thinking (51:23- 52:02)

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Thank you again for visiting the Public Comment podcast– a podcast that embraces social democracy and a holistic pragmatic clarification of concepts. As a political activist and philosopher, my goal here on Public Comment is to contribute to a universal dialogue among intellectuals, politicos, artists, and humanists– the critical, creative, and introspective thinkers– on political and philosophical matters– a dialogue I hope you’ll join in the comments below.

https://www.podbean.com/media/share/pb-3ajir-b871a7

On what’s after postmodernism: holistic pragmatic clarification of concepts

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OR WATCH THE VIDEO

Contradictions, obfuscations, and lack of clarity have not only seized so much of academia (as my friend Heather Lockheart brilliantly discusses in her thesis on the topic) but also it has led to the emboldening of blatant racism from President Trump and his supporters, along with a wider embrace of immorality in general. Trump’s TV lawyer Rudolph Giuliani has gone so far as arguing that “truth is not truth.” Where did this postmodern way of thinking come from? Can we blame Nietzsche? Although postmodernism clearly leads to problematic modes of thought, does it raise any valid points? Is there anything “after” or “beyond” postmodernism? I say “yes!” and that includes some iteration of a holistic pragmatic clarification of concepts. 

PRODUCED BY ASHLEY O’CONNOR AND MONTANIZ STILLS

Thank you again for visiting the Public Comment website which I created back in 2012. After 7 years of  experimentation and uncertainty about the identity and direction the website should take on, I established, in June of 2019, an official focuses on politics and philosophy and launched the podcast. As a political activist and philosopher, my goal here on Public Comment is to contribute to a universal dialogue of critical, creative, and introspective thought on politics and philosophy– a dialogue I hope you’ll join in the comments below.

https://www.podbean.com/media/share/pb-q8w9q-b8529c

On competition

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OR WATCH THE VIDEO

Competition is an inevitable part of life. Even at the most metaphysical and psychological level, this piece of perception and that piece are competing for our integrated and perceptual focus and perspective. If you look out the window you inevitably choose where your eyes will focus, and some aspects of the scenery will lose out to other aspects in scope or magnification. There may be some ways to curb the anxiety inducing aspects of inevitable competition, or even get rid of competition in certain parts of our lives altogether, thanks to niche marketing and hyper-personalization. But to what degree should we get rid of competition? To what degree (if any at all?) do the postmodern aspects of niche marketing and hyper-personalization destroy opportunities for universal experience and community? 

Thank you again for visiting the Public Comment website which I created back in 2012. After 7 years of  experimentation and uncertainty about the identity and direction the website should take on, I established, in June of 2019, an official focuses on politics and philosophy and launched the podcast. As a political activist and philosopher, my goal here on Public Comment is to contribute to a universal dialogue of critical, creative, and introspective thought on politics and philosophy– a dialogue I hope you’ll join in the comments below.

https://www.podbean.com/media/share/pb-fw56z-b82f3d

On cynicism, meaning and purpose

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OR WATCH THE VIDEO

A successful individual said I might want to consider quitting in my podcast endeavor because nobody will care unless I make up lies to get your attention. A student tells me a professor insisted that this student write an essay arguing that art is pointless because artists don’t tend to make money and because art doesn’t cure diseases. These kinds of things perhaps make it tempting to feel cynical about human nature and life. But should one really surrender to cynicism and nihilism or is there more to this world than obsession with money and power? 

Hi! Thank you for visiting Public Comment and welcome!

I’m Sean O’Connor, a political activist, philosopher, writer, vlogger and podcaster. My goal here on Public Comment is to contribute to a universal dialogue of critical, creative, and introspective thought on politics and philosophy.

Thank you so much for taking the time to consider my contribution to the public discussion on politics and the occasional tangent. I am extremely grateful and flattered and hope you are able to find some of the information on this blog valuable.

Please feel free to share with me any feedback you want to give, positive or negative. I do not shy away from criticism. I want to be a good writer and to do that I will always need your help to keep me accountable, clear, reasonable, and diplomatic. Speaking of diplomacy, that’s my only caveat when it comes to criticism. I don’t have patience for insults or anti-intellectual attacks on character, et cetera. I like to foster a polite and diplomatic civil discourse.

Thank you again.

https://www.podbean.com/media/share/pb-y2555-b80fef

On the psychology of starting your own business and more

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or watch the video

It’s awkward talking about one’s efforts to create a money making project. It’s something which not only impacts your own psychology but also the psychologies of those you love. Do they fear what would happen if in your chasing your own dreams, to no fault of your own, you fail? How do you approach or contemplate the question of getting those you love excited about your work? And what about their work? How do we strive towards appreciating one another’s work more and better? Also, I had this crazy dream that I conversed with former mayor of NY, Rudolph Giuliani. Does that mean anything? What is the definition of philosophy? Lost in a thought, I forget to follow up on it.  

https://www.podbean.com/media/share/pb-tu49s-b7ee0e

Hi! Thank you for visiting Public Comment and welcome!

I’m Sean O’Connor, a political activist, philosopher, writer, vlogger and podcaster. My goal here on Public Comment is to contribute to a universal dialogue of critical, creative, and introspective thought on politics and philosophy.

Thank you so much for taking the time to consider my contribution to the public discussion on politics and the occasional tangent. I am extremely grateful and flattered and hope you are able to find some of the information on this blog valuable.

Please feel free to share with me any feedback you want to give, positive or negative. I do not shy away from criticism. I want to be a good writer and to do that I will always need your help to keep me accountable, clear, reasonable, and diplomatic. Speaking of diplomacy, that’s my only caveat when it comes to criticism. I don’t have patience for insults or anti-intellectual attacks on character, et cetera. I like to foster a polite and diplomatic civil discourse.

Thank you again.

On trying to “loosen up,” “sufficient freedom” and other things

***Listen here or download at: Podbean , Google Play Music, Tune In, Stitcher

or watch the video

I am trying to “loosen up” in a way that is honestly “me” or “true to myself.” I am contemplating the ethics of compassion, and the right to “sufficient” freedom in response to the blowback and imperfections of “pure freedom.” This applies as much to basic notions of fair access to necessary resources like water as much as I believe it applies to reasonable immigration policy and treating all people in Earth like human beings, as opposed to treating undocumented immigrants like animals or second class citizens as President Trump horrifyingly does. I discuss these and more.

***SPECIAL THANKS TO The rhdpgx podcast FOR SPONSORING THE PUBLIC COMMENT PODCAST :-p !!!

On my grandparents

Yesterday I joined my family on a boat in the Atlantic Ocean near Atlantic City spreading my grandparents’ ashes into the water, celebrating their lives. This inspired me to take some time and reflect with you on how both my grandparents had such a positive impact on my life, planting in my mind the seeds of philosophical and political thought, teaching me to fight for my dream even if people life at me in the midst of my pursuit, and to seek out “the Good Life.” 

***Produced by: Ashley O’Connor and Montaniz Stills!

Thank you again for visiting the Public Comment, a multimedia website that embraces social democracy and a holistic pragmatic clarification of concepts and seeks to promote a universal dialogue about politics and philosophy among intellectuals, politicos, artists, and humanists– the critical, creative, and introspective thinkers;  a dialogue I hope you’ll join in the comments below.

https://www.podbean.com/media/share/pb-r2hsv-b76297

On ethics and political activism (part 2)

How can we even begin to think about ethics and political activism until we think about the complexities behind it all, starting with whether or not there is such a thing as ethics to begin with. Even if one reaches the conclusion that it is in fact important in life to be politically aware/informed, how does one go about that in an effective way when faced with so many day to day challenges? In my opinion, one thing that helps is thinking in terms of prioritizing at which point it seems to me, the twin issues facing us today, in America, are bringing president Trump to justice (and removing him from office) and finding a way to make quality healthcare available to all. 

***Produced by: Ashley O’Connor and Montaniz Stills!

Thank you again for visiting the Public Comment, a multimedia website that embraces social democracy and a holistic pragmatic clarification of concepts and seeks to promote a universal dialogue about politics and philosophy among intellectuals, politicos, artists, and humanists– the critical, creative, and introspective thinkers;  a dialogue I hope you’ll join in the comments below.

https://www.podbean.com/media/share/pb-we2n5-b748ea

On Ethics and Political Activism (Part 1)

Politics is on my mind at an ever more intense level these last few days but so are the ethical reasonings behind my desire to be constructive in my efforts as a political activist. For example: how can we expect our society to be rich in its ethical thinking (and thus in its political thinking) when we don’t even require basic philosophy and ethics to be taught in our high schools?  

***Produced by: Ashley O’Connor and Montaniz Stills!

Thank you again for visiting the Public Comment, a multimedia website that embraces social democracy and a holistic pragmatic clarification of concepts and seeks to promote a universal dialogue about politics and philosophy among intellectuals, politicos, artists, and humanists– the critical, creative, and introspective thinkers;  a dialogue I hope you’ll join in the comments below.

On money & value (Vlog #53)

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or watch the video

It’s embarrassing to discuss my struggles with money. For me at least, it’s harder to talk about money than sex, religion, or politics because it forces me to address my deep insecurity regarding how I might be perceived based on my “economic status.” Maybe some think I’m audacious for trying to make a living as a vlogger but I’ve got to stand up for my desire because I want to live in the kind of world where people can make money fulfilling their dreams.

***THE NOTES***

*Only death & illness are harder for me to discuss

*I’m not “good at” money & I fight with my self-esteem when contemplating my financial life

*What it means to love one’s job

*Free talking…upfront….sharing thoughts

*The temptation to envy those who earn more money

*My financial difficulties are, to a tremendous degree, my fault…I take responsibility for it

*I like being upfront about things that matter to me

*If there are people out there getting paid for things they want to get paid for then why shouldn’t I try to get paid for what I want to get paid for?

*Talking about money makes me so nervous I trip over my words

*Remember when we had to pay much more for video content?

*You must stand up for your values

*To me vlogging is art (& so is talking)

*Being an “outside-the-box” person

*One reason why I love politics is because moving policy forward can move humanity forward ethically

*Would you overlook your ethics if someone offered you the money to do so? (figurative prostitution, “Selling your soul to the Devil,”)

*Sometimes I get overwhelmed with this feeling that everyone wants my money

*I don’t want to be a f**** up when it comes to money

*I fear how many can corrupt relationships

*I’d like more time to read, watch vlogs, socialize on social media, be a philanthropist…

*Opening up about this is so embarassing

*I hate complaining that my work doesn’t get properly compensated but don’t so many of us feel that way sometimes?

*I tell myself that if I like my vlog then maybe someone else will too

***IF YOU APPRECIATED THIS VLOG PLEASE CLICK “LIKE,” SHARE, & SUBSCRIBE 🙂

On moving some place better (part 4) (Vlog #43)

2 days until we move to Basking Ridge, NJ– almost all I can think about. This move is a striking contrast to my move to Fort Myers/Estero, FL back in 2005, which led to deepened mental illness, obsession with marijuana, dropping out of college and a kind of psychological downfall.

*It’s seizing my consciousness: only 2 days until we move to Basking Ridge, NJ!

*What does it mean to think about living somewhere?

*Personal/inner revolution…major changes– like the world of Heraclitus

*The dark, revolutionary period when I moved to Fort Myers/Estero, FL in contrast to our upcoming move

*I did not really think through my move to Fort Myers/Estero, FL

*I was, in general, an oblivious person

*paranoia, panic attacks, and other consequences of my marijuana obsession

*morality & time

*convinced I suffered from severe intellectual disability

*unable to even enjoy a romantic relationship, convinced of the worst in everyone, including myself and believing Fort Myers was cursed by evil spirits

*My fantasy vision of myself as a rich & famous Ex-pat poet living in Europe only to end up a nihilist in South Beach

*My troubled epistemology

*Questions I should have asked myself & tried to answer

On marketing (part 1: anxiety), free thought (part 2), and free trade

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or watch the video

My incompetence thus far in self marketing, the development of my understanding in the value of free thought, and a look at the debate over free trade and protectionism in the realm of trade policy.

IN THIS EPISODE:

When it comes to self marketing (as opposed to political marketing, or marketing for an employer), anxiety and a complicated array of thoughts, at times, stifle me.

I have a fear of annoying people with my requests for their time, feedback, money and/or endorsement, most of all because I understand many of us are quite busy and bombarded with other people asking for our time, feedback, money and endorsements.

Also, I often think of how money can corrupt.

Money doesn’t talk, it swears

obscenity, who really cares?

Propaganda, all is phony…

-Bob Dylan

I wonder: am I corrupted, in my self-marketing by an unreasonable desire for money, attention, praise, undeserved self advancement, narcissism, et cetera? (I certainly believe in my early twenties I suffered from slight narcissistic tendencies, though as a defense mechanism since I suffered from severe anxiety, depression, and self esteem challenges. That is to say, I desired undeserved praise, attention, and introspected just for the sake of gaining awareness of my own thoughts as existing things, not for the sake of understanding and vetting them!).

I also think of other examples where money seems to blatantly corrupt individuals, companies, corporations, politicians, et cetera—(Weapon producers/dealers, health insurance companies, pharmaceutical companies, oil/energy companies).

Those insecurities aside, obviously we need resources to live and also it is reasonable to stand up for the products/services we believe in, whether we are advocate consumers, or involved in the product(s)/service(s) ourselves. After all, why should something one offers, when it is of value, linger in vain?

That, I believe, would be unethical.

So I tie my sense of self marketing to the moral convictions motivating those aspects of myself I “market.”

So what do I say then, is the moral marketability of my shared “free thoughts?”

Frankly, I question how much genuinely “free” thought is truly “out there” when you consider not just profit concerns/ popularity concerns and how that could inject bias into shared thoughts but also how people (I have done it myself. Example: when I was obsessed with Ayn Rand) can slip into dogmas. Even postmodernism can become a dogmatic blinder, as opposed to mere healthy skepticism and independence.

On a separate note, I want to initiate a conversation about trade policy.

There are two articles I recommend. One by the Economist and one by Foreign Policy. The latter addresses the politics versus the economics of free trade, as well as policy options with respect to how we might want to deal with the inevitable harm to certain job holders that free trade results in: Trade Adjustment Assistance (TAA) which serves like compensation specifically for those adversely affected.

Tell me what you think. Email me at sean.publiccomment@gmail.com. Follow me on Twitter at
https://twitter.com/sopubliccomment

Public Comment is a video diary styled vlog and personal journal podcast where I share my free thoughts on politics, culture, and self.

Extemporaneous Speaking & Guns (Sean O’Connor’s Public Comment video diary vlog– episode #6)

…YOU CAN LISTEN TO THE PODCAST

The most microscopic aspects of things complicate if you delve into them enough, zooming into the depths like…a microscope. So sometimes when it comes to making choices it can feel quite challenging. For example, I could mull over every word in every sentence I want to say to you and spend months attempting to perfect my verbal expression, and in the meantime, miss out on things I want to tell you now, that will end up cast aside (is this just prioritizing?) or…one can just…and I’ll quote John Mayer here, when he sings “say what you need to say”…

The opportunity to talk directly to you here and now… I view it as its own “art” in contrast to “writing” in the more “literary” sense. Not to say I wish to be arbitrary. I don’t. It’s important to spend time just thinking, researching, processing, analyzing…having something to talk about…kind of like prepper for a jazz performance? Wasn’t THIS what especially the “Beat Poets” were really after? The art of talking? So that is what I am going for here, aesthetically, medium-wise, contextually. I want to talk to you from where I am psychologically and metaphysically.

In today’s video blog this is my first topic. But then I move onto the topic of gun policy. Instead of getting into the depths of the “politics” of gun “policy” though, I’ve decided to delve more specifically into the philosophy behind gun politics. Why do we say one has a “right” to own a gun? Sure, you can cite the U.S. constitution, but the U.S. Constitution is not the “golden words” of some “God” (I believe in a God but I do not say “I know a God exists”; a belief is different than knowledge). What is a “right?” I take a look at some dictionary definitions and propose my own, for your consideration.

And how do we determine then, what a “right” is?  There are epistemological and ethical considerations here. Do you believe in thinking objectively? If so, how do we think logically and objectively about this? Do you believe in ethics/morality? It’s fundamental ethics that lead to fundamental policy views. This means, what rights do you think we should have, and why? And tied to this, how much do you value human life? Do you value human life enough to grant that there is an ethical need to keep guns out of the hands of those who are mentally unwell  and seek to murder?

One other point: some statistics. There are significantly more homicides per 100,000 people in the U.S. than in the U.K. Moreover, you are more likely to get stabbed to death in California or in Texas than you are in the U.K. In the UK there were 285 knife/stabbing related homicides between March of 2017 and 2018 in a population of roughly 66 million people. In contrast, there were 280 knife/stabbing related murders in 2015 in California in a population of merely a rough 39 million…or Texas where there were 175 knife/stabbing related deaths out of a population of roughly 29 million.

I bring these points up because I hear from conservatives and libertarians this idea that in the UK even if they don’t have a gun problem, they have a stabbing problem, so the real problem is world wide homicide, not homicide by guns in the U.S. They are wrong. Homicide is a bigger problem in the U.S. than it is in much of the world. It’s not about guns versus knives. It’s about homicide, guns and knives and we must take measures to address all of these issues.

A BRIEF ON THE SUPERIORITY OF NATURAL LAW

-An evaluation of the major theories of jurisprudence, with an explanation as to why the ‘natural law’ theory is the best one

naturallaw
John Locke. Philosopher & Advocate of “Natural Law”. IMAGE VIA SIR GODFREY KNELLER VIA https://commons.wikimedia.org/wiki/File:Godfrey_Kneller_-_Portrait_of_John_Locke_(Hermitage).jpg

(Note: I originally stated in this post that I wanted to be a philosophy professor. That is no longer the case. I want to concentrate on advancing a Social Democratic agenda via activism and commentary.)

 

All questions pertaining to politics and law, in my view, are a result of one question that is so consequential that its answers can cause genocide, or protect the freedom of individuals so that they may thrive.

The question is: “what should people be allowed to do, and not allowed to do?”

Answers to this fundamental question give us political philosophies and theories of jurisprudence. As someone who aspires to be a philosophy professor, and has run for political office three times, I have had much to say about political philosophy, and yet little about that branch of philosophy called jurisprudence.

Now I shall for the first time say a bit on the topic. In my opinion, the “natural law” theory is the superior theory of jurisprudence, and is so because it is based on reason (a word with many different definitions. For the purposes of this paper, when I refer to reason, I refer to non-contradiction) and morality.

That being said, there are some valid criticisms of other aspects of the theory, in particular, the assertion by some, that natural law is necessarily based on a God, and also, the fact is, some proponents of natural law theory have misapplied it.

Before I elaborate further, I shall be clear about exactly what natural law theory is said to be. In an academic outline on the term “natural law theory,” where it is also referred to as “classical naturalism,” it is defined as “a group of theories that contend, in a variety of ways, that law is to be identified by reference to moral or ethical (as well as formal) criteria of identification.” (Principe, 1)

I think it is worth adding that most proponents of classical naturalism- including Grotius, Saint Thomas Aquinas, and John Finnis (Banks, O’Brien, p. 82) (as well as Locke, even if merely by implication) to name just some- believe that inherent to the discovery of morality and natural law is the application of reason.

The standard of reason that is upheld by so many ‘natural law’ theorists is, in my opinion, its most important and fundamental element, for, as I view it, everything in life should be and absolutely can be approached via reason. (As Aristotle would say, A is A, i.e., a thing is itself, therefore A cannot be B, or C, or D, ad infinitum, i.e., a thing cannot be both itself and not itself.)

In my view, the very proof for this lay in the fact that it is empirically verified when one sees, or hears, or even feels with his or her skin, the letter “A,” and not any other letter, and thus, no other standard of knowledge should be used, as it would be incorrect, irrational, illogical, contradictory.

This is an epistemological idea, however, that every other major theory of jurisprudence introduced by Banks and O’Brien in their textbook on the American Judicial System, refuses to accept, either by a most obvious and fundamental misapplication of reason, or the complete disbelief that reason is the correct standard, or even a possible one.

For example, consider what I believe to be the profound irony and most basic contradiction of legal positivism.

We are told that according to legal positivism, “law is empirically discovered by reason,” yet on the other hand, we are told that law is “free from moral judgements about what the law should be.” (Banks, O’Brien, p. 85)

But a person cannot be both rational and legally amoral.

In fact there is no such thing as legal amorality.

That which one calls “moral” is how one thinks he should fundamentally treat himself and others, or put another way, what is a right action, and what is a wrong action.

For example, in my view of morality, right actions are ones that a person takes in order to thrive, which means he or she must take care of him or herself first, out of self-compassion, and should, further, do for others, out of compassion for them, whatever he or she is best equipped to do, when he or she can.

I call this the “morality” or “ethics” of “compassion.”

This necessitates political action- specifically, the protection of individual liberty, with safety-nets, to protect the integrity of individual liberty, i.e., protection against a laissez faire state where the utterly immoral people exploit the highly virtuous ones.

But all moral views necessitate political/legal action. Quite literally, a legal view that claims morality should be kept out of law merely confesses that one thinks implicitly that it is moral for the law to allow and prohibit particular actions, but, at least as I see it, either they do not recognize the implication or they are being dishonest.

 

At least legal positivism claimed to be rational. American Realism, according to the outline referenced earlier, is fundamentally skeptical, and “play[s] down the role of established rules (or the ‘law in books’) to discover other factors that contributed towards a judicial decision in order to discover the ‘law in action.’” (Principe, 2)

Moreover, American Realism claims to discover “what is empirically and pragmatically ‘realistic’ about judging” based on “sociological and psychological factors.” (Banks, O’Brien, p. 95) The empirical and the pragmatic and sociological and the psychological however, apparently have nothing to do, fundamentally with reason, only skepticism, which simply means chronic uncertainty.

To be fair to American Realism, at least it can be argued that empiricism could suggest probable guesses based on consistently observed things; at least it makes some kind of appeal to a notion of a more likely truth versus a less likely one, and/or maybe there is a truth, however not graspable by people.

At least then there is a sort of reaching for a semblance of logic. The theory of “critical legal studies” however, claims to “destroy the notion that there is one single ‘truth,’ and that by disclosing the all pervasive power structures and hierarchies in the law and legal system, a multitude of other possibilities will be revealed, all equally valid.” (Principle, p. 2)

If analyzed we see that the claim that there is no single truth is a contradiction in terms. Taken at its word, we must somehow accept it as singularly true that there is no single truth (that A is B, that a thing is not itself) when we are told that there is no single truth.

That is like saying I am not a cat but I am a cat.

That being said, I do concede that this theory of “critical legal studies” has at least one logical concern (although I guess adherents would not describe it as logical in my sense of the term)-  “all pervasive power structures and hierarchies in the law and legal system” should always be scrutinized because application to logic is not automatic and guaranteed, even when the application is referred to as logical, and it has resulted at times in racist, classist, elitist actions. Similarly of feminist legal studies: chauvinism and misogyny can be problems within the legal system and elsewhere which is irrational and immoral which is why I would argue that an honest and consistent application to basic natural law theory would treat all fairly.

Although I have touched on the moral element of natural law briefly already, I believe it deserves more attention. It is one thing to say that it logically follows that morality must dictate law, but it would sell natural law theory short not to also mention in a bit more detail the nature of just how, in my interpretation, consistent and logical natural law theory would inject morality into law, and contrast that with how others might interpret the role of morality in natural law.

Nowhere in the texts I considered upon doing my research does it explicitly say that Natural law theory necessarily posits that all moral principles must be codified into law. In contrast, if we consider how natural law is the basis for “individual natural rights” such as “life, liberty and the pursuit of happiness” (Banks, O’Brien, p. 83) it follows that it is a right thing to do, i.e., a  moral action that the law be made to permit and prohibit certain things- specifically to permit freedoms, and to prohibit violations of freedom.

That does not mean however, that an action which might be immoral, say prostitution, should therefore be illegal.

The moral claim is that the law should protect freedom, i.e., self determination, and thus prohibit coercion; only immoral acts which are coercive in nature require legal prohibition.

Adherents to natural law, throughout history, unfortunately, have not always understood this, despite it being the very meaning of their premise.

For example, in my view, it is a totally misguided idea of morality, based on a totally erroneous reasoning, how, “the Court appealed to natural law principles in asserting that blacks were not citizens entitled to constitutional rights in Dred Scott v Sanford (1857) [and] [i]n Bradwell v Illinois (1873), [when] the Court ruled that women could not practice law because it was ‘in the nature of things’ for them to remain relegated to the ‘domestic sphere as that which properly belongs to the domain and functions of womanhood’ [and further, how] [m]ore recently Justice Clarence Thomas cited natural law and the Deceleration of Independence in criticizing the rationale in Brown v. Board of Education (1954), the landmark case ending racial discrimination in public schools.” (Banks, O’Brien, p. 84)

Those are completely irrational moral claims that do not represent a proper application to natural law, but rather, forms of statism, altruism, collectivism, racism, chauvinism, and misogyny.

Although it is my opinion that classical naturalism, in its most general and popular sense – being explicitly based on the application of reason and morality- is the superior theory of jurisprudence, that is not to say the theory is perfect.

For example, many of the proponents of classical naturalism ascribe, with certainty, that its ultimate basis is in a God. As Banks and O’Brien write, “Natural Law is thought of in divine terms as God’s law.” (p. 81) Now, it very well may be, as I personally speculate, that a God does exist and that all truth is God’s creation, however, if so, it’s yet to be proven. Logic only tells us that there is no proof that a God does not exist but that nevertheless, one could. But a “could” does not justify a “does” and thus those classical naturalists who assert with certainty that a God does exist and that natural law is to be thought of as God’s law are, in my view, being hasty.

Briefly, on other theories of jurisprudence I have deemed inferior compared to classical naturalism, they at least have fair points regarding aspects of law they are critiquing- for example, American Realism, although “skeptical” at least leads us to question that which is asserted as moral-legal fact, and at least Critical Legal Studies dares to question the sometimes corrupting roles of power and higher status within the legal system- where economic status or race or sexual orientation, et cetera, is sometimes a factor when they should never be, and at least feminist legal studies dares to call out where the judiciary has unfairly treated women.

If classical naturalism could be revised and stripped of its contradictions, and if the mistaken applications of it could be made clear, I believe we would have a theory of jurisprudence which would be as perfect and logical as Aristotle’s laws of identity, and non-contradiction.

REFERENCES
Banks, C.P, O’Brian. D.M. (2016) The Judicial Process [Adobe Digital Editions] Retrieved from https://play.google.com/books
Principe, M. (2016) The American Judicial System POL226 Outline #2 Classical & Contemporary Theories of Jurisprudence. William Paterson University