Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Flexibility


The key to any sustainability is flexibility. The word, "sustainable", has become popular in the energy sector of the capitalist economy. It implies the production of energy with low environmental cost or impact. Basically, to sustain something implies keeping it going. Each of us has a single, precious life to sustain to the best of our ability with the help of society.

Linear thinking was the methodology of the male-dominated society of my youth. It was expected that a person would be classified in the educational system and steered into a career path to eventually be enabled to earn a living at a job which suited that person's abilities. One block built on another. One grade on another. One degree on another. One job title on another.

This linear thinking does not promote flexibility. In fact, it stifles it. And, today, we see those who are still working under this system of education in less affluent parts of society struggling to keep up with the non-linear evolution of technologies and economic structures. They feel left in the wake of a plow of socioeconomic change, which has ripped up the neat paths laid out for them earlier in life.

When I came to the awareness that I am different and part of a social minority which would not benefit from the traditional linear paths to acceptance and promotion, I realized that the linear model would simply not work for me , unless I consciously killed very basic parts of who I am. I did not see that as an option. I had struggled from childhood to function with psychological and physical impairments which challenged my acceptance by my own family, teachers and peers. I refused to stifle myself as entered adulthood to satisfy anyone's opinion of me.

So, I discovered that flexibility eased my anxiety and often opened paths otherwise obscured by the obvious road signs of linear thinking. A turning point for me came when I was 21. My first partner and I rented a house by the sea. We were both silly romantics. The rent was irresistibly cheap and the commute to work every day was horribly arduous.

The lovely Gothic cottage, with breathtaking views of an iconic Massachusetts town across a mast-studded harbor, leaked like a sieve, had a poltergeist and was equipped with a dying oil furnace which belched soot everywhere. We loved it. That is, we loved it until the landlord tried raising our rent after 6 months of a harsh winter there.

My linear mind was determined to stay there somehow. My partner, who was much less linear than I, just shrugged and went on with his life. He left it for me to figure out. I went to see my landlord. His brownstone in Boston's Back Bay, a family treasure, was decorated with gilted fresco ceilings, painted with cherubs. I was led by a housekeeper to the leather-upholstered parlor, where I sat in front of an ornate fireplace and speculated about the warm comfort the landlord had experienced the preceding winter, while my lover and I had huddled under quilts and blankets to keep warm. By the time my landlord and wife entered imperiously, I was quite ready.

I told him I would not be paying the rent increase. He replied that I must. He also said it was too late in the year to replace me with a summer tenant. His opinion, his linear opinion, was that I simply must stay and pay the increase. It was, he implied, the honorable thing for me to do. I don't recall all of what I said in response. I do remember it was along the lines of "you cheap Yankee bastard". Then I left without being shown out by the housekeeper.

For a week thereafter, I was tortured by the ethics of the situation. My linear thinking had me locked into powerlessness. I thought I'd never be able to get another place to live without a reference from my first landlord. He had threatened to pursue me legally if I left. I couldn't see step B from my step A to my step C. My partner, a truly wonderful but very liberated human being, was no help. He guiltlessly ignored the whole sitation and went about living life as usual.

One night, I had a dream. I woke up with a clear sense of what needed to be done. I bought a paper. I found an apartment listing that suited our meager budget. The new landlord, a man who lived on his property, took in my story, looked me over and extended his hand to seal the deal. The following weekend, we moved everything out of the Gothic cottage. We sighed and took in one last view of the harbor. I pushed the keys under the front door with a simple note telling the landlord what he could do with them.

We never heard from our Back Bay landlord, for whom linear thinking was a questionable privilege afforded him by linear-thinking ancestors with cannons and guns. I learned a valuable lesson. Flexibility in thought and action can mean the difference between stagnation and healthy movement. Following the playbook, dictated often by those with a vested interest in the stagnation of others, isn't always the way to proceed if you want to sustain yourself. Perhaps, it is not good for a society either.

This doesn't imply that I believe that any action in the name of flexibility or sustainability is right or good. I believe deeply in the rule of just law. However, the linear logic of law is not always just. It is often encrusted with class privilege and the weighed down by the influence of money, as we can see in our current political process. Maintaining a sense of personal flexibility by empowering oneself with information and developing a practical, daily ethical standard can greatly sustain personal development and freedom when confronted with injustice or unfair standards.

Justice


What exactly is justice? The question comes loud and clear after a murderer, released from Massachusetts custody by a judge, settled in Washington State and allegedly killed two people over a grudge, involving $50.

The real, natural world has no justice in the human sense. Predators kill the weak or vulnerable in order to eat. Tornadoes touch down wherever they touch down. Wild fires devour trailers and mansions alike.

So, justice is a changeable and evolving concept of the human mind. It is not a natural absolute. Religion was the exclusive arbiter of justice in most societies until recent human history. The current cultural clash between religions and judiciaries around the world is a major human evolutionary stage. Secular justice, based on evidence, science, debate and education of jurors, is an improvement over torture, guessing and prejudice in resolving criminal situations.

Modern legal justice struggles with the conflict between precedent and science. Precedent, a vestigial pillar of the Law, which can lead to plainly stupid decisions like the Washington case, is slowly giving way to informed scientific considerations. Enlightened justice is fluid and extremely well informed in the moment. It does not fall back on precedent or religion rather than taking advice from the most current expertise available in each case. Stagnant, uninformed law is bad law. It becomes a pseudo-religious impediment to true justice.

As a person who can be and has been judged "less than equal" in my own life, due to biological circumstances out of my control, under the current Law in most of the United States, I have had to use my practice to deal with the anger and resentment which injustice can cause.

Practice can be a system of internal justice in your own life.

Refuge


There is a lot of attention being paid to the subject of immigration in the so-called developed world. Economic refugees, or migrant workers, are claiming a right to cross borders illegally to earn money to support a life based on ignorance and poverty in their home countries. Political refugees in the U.S. are just as likely to be aligned with fascist regimes as with opposition groups seeking social justice. All lines are blurred. Overpopulation makes it impossible for governments to justly consider each case with the compassion it deserves. Borders are porous due to air travel and the sheer numbers of people willing to break immigration laws.

The refuge these people seek is elusive. The lawfulness they subvert by illegally entering a more civilized society is key to maintaining the civility of that society. So, these refugees subvert the quality of the idealized society to which they flee. Rarely do these refugees return to their home countries for the purpose of effecting real social and political change. More often, they attempt to create a microcosm of their root culture within the society which grants them refuge. This too subverts the cultural integrity of the very place which they seek as refuge. After all is said and done, their root culture is what drove them to seek refuge in the first place. The propaganda of corporations which rely on these people for cheap labor would have you believe that this behavior is culturally enhancing by adding to the hyped diversity factor. In reality, alienated, undereducated and impoverished people have very little to give to their environment. They are more focused on getting than giving. They have to be to survive.

The only real refuge from poverty, cruelty and ignorance is education. If developed countries estimated and spent the expense which refugees incur on building and staffing schools in underdeveloped regions of underdeveloped countries, potential refugees could be given the tools to turn their native lands into decent places to live over time. Accepting and enabling refugees to remain ignorant for the purpose of enslaving them for financial gain is not commendable.

For those in developed countries who are in need of refuge, the solution is the same. Education, combined with hard work. I myself was born in a developed country to relatively uneducated and intolerant people. I found refuge in my schooling, though it was extremely difficult for me to overcome learning and cultural disabilities, to which I was born. Running away to become an uneducated and underpaid worker (slave) or a dependent on someone else never occurred to me. I suppose I owe it to my upbringing that I never felt that escape on that level was an option. I stayed in my community, endured violence and derision, worked like a dog, and managed to learn a great deal about life and people, as well as science and literature. But now, at an age when I often need refuge from pain, disease and social discomfort, I can and do rely on my ability to learn, to immerse myself in study and research with a goal of improving my life, despite adversity. That refuge is part of my daily practice.

Lawfulness

Buddhist teachings shy away from politics. This is perhaps related to the Buddha's own absence of political discrimination. He accepted hospitality from wealthy patrons, despite their politics. In fact, his last regal host is suspected of poisoning him to death. My practice has always been wedded to my sense of being a lawful and ethical citizen, despite the challenges. As a gay man, I have been the subject of unjust laws. I have also encountered the unjust enforcement of laws by unethical policemen who have used the law as a way of bullying gay men. Despite the lawlessness of some, I have sustained my belief in the value of law in society. For example, I believe that coming illegally into a country and using the benefits paid for by law-abiding citizens of that country is just simply wrong and lawless. I admire those who remain in their native countries and strive to create lawful and fair societies there. How else will lawful and peaceful societies grow and flourish?