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Showing posts with label Drug Legalization. Show all posts
Showing posts with label Drug Legalization. Show all posts

Wednesday, November 02, 2022

Wondering About a (Highly Unlikely, But Not Inconceiveable) Local Wave

At the Great Plains Political Science Association annual conference held last weekend at Wichita State University, four political observers--three of them Insight Kansas contributors--were asked to make their predictions for next week’s elections. All four said they believed Sharice Davids would win re-election in the Third Congressional District; three out of the four said they believed Governor Laura Kelly would defeat Derek Schmidt and be re-elected; and two out of the four said they believed Chris Mann would defeat Kris Kobach and be elected Kansas’s attorney general. But further down the ballot, and pretty much everywhere else besides, maybe, the 3rd District and Kansas's northeast corner? The agreement was near unanimous (and in line with the latest public opinion analysis): November 8 will likely be a red wave, terrible night for the Democrats.

“Near unanimous,” of course, means at least one voice of dissent. The dissenter was me.

Am I totally confident in my belief that Kansas, come November 8, may provide national Democrats with some tiny, consoling blue ripples during an otherwise rough night (which, on the macro level, I agree it will be)? Not remotely. So why bother saying so, when the usual political science variables—a midterm election during the first term of an unpopular President at a time of high inflation—point towards a Democratic bloodbath?

Maybe it’s just contrariness. Or maybe it’s the lesson of two elections. Or maybe, once again, it's the yard signs.

The first election I’m thinking is the one we just had: the August primary vote on the “Value Them Both” amendment. That the size of the victory enjoyed by abortion-rights supporters has been much commented on—but more relevant here is just how much of a surprise it was.There had never really been a vote like that one before: a straight-up, yes-or-no vote regarding the right to at least minimal abortion services. Frankly, no one really had any data to work with. Reasonable guesses could be made on the basis of demographics or party affiliation—but no serious observer could have guessed that the amendment would lose by nearly 20 points (I certainly didn't). 

The 2016 election of Donald Trump similarly took a huge number of people by surprise—but in that case, the surprise wasn’t because of the lack of data, but because so many people (myself included) didn’t take seriously all the relevant information—the unpopularity of Hillary Clinton, the shifts in white voting patterns in upper Midwestern states, etc.—which pointed to the real chance that Trump could win. It seemed to so many of us just so unlikely and bizarre that we discounted it. 

So we come to the Kansas 2022 elections, where we’re not in the same situation as before the August amendment vote. In fact, thanks to that vote, the Kansas Speaks survey, and some other data points, we know a fair amount, particularly about high levels of voter engagement among Democratic-leaning groups, and the early numbers which suggest that engagement may be continuing into the week of the election. We also know that Kelly’s approval numbers are pretty good, and that abortion, along with Medicaid expansion and medical marijuana legalization, are motivating many voters--presumably in a Democratic direction.

But are they motivating enough voters to entirely overcome the huge, historical advantages which Republicans enjoy in Kansas? Or all the other already-mentioned disadvantages weighing down Democrats this year? Probably not. 

But in this election I don’t want to discount the data out there, however limited it may be. Yes, the election fundamentals and the polling (as flawed as much of it may be) suggest fairly comprehensive Republican gains, both across the nation and here in Kansas as well. Nonetheless, I believe there really is a chance that not only will we see some top of the ballot Democrats winning in this state, but also see enough Democrats holding on to or flipping state houses races—perhaps in Manhattan, Shawnee, Emporia, Hays, Hutchinson, or even here in thoroughly polarized Wichita—such that the Republican super-majority in Topeka could actually be lost, bizarre as that may sound in the wake the Republican redistricting of state and congressional legislative districts earlier this year.
(I admit that I added Wichita to that list out of simple self-interested curiosity. I'm looking at Representative Dan Hawkins, my neighborhood's representative in the state house, and the House Majority Leader--a pretty powerful figure in the Kansas legislature. Yet in light of what I've written before about Wichita slowly turning purple, if not blue, we've seen Hawkins's percentages consistently decline in this strongly Republican area through the election cycles since the last redistricting, from 70% down to 60%. And against that you have some local Democratic urgency, an urgency I see with his opponent Mike McCorkle--learn all about him here--whose team is managing to place yard signs simply everywhere around our little part of Wichita, meaning that he is either better funded than past local Democrats, or has a better team knocking doors and placing signs than candidates of the past, or just plain has more voters out there willing to show public support for him. Add it all up, and I wonder if Hawkins might actually be brought down to 50% of the vote this time. Or, dare I say it...maybe even a smidge lower?)

Again, I’m not remotely confident about any of this. All the macro level stuff I mentioned above remains true--and frankly, the smart money is to always bet on what the macro trends say. But after 2016 and 2022, I’m not so confident as to discount the possibility of the truly unlikely happening either. I mean, what's the worst that can happen--I get it all wrong? I've eaten crow before, I can do it again.

Tuesday, December 06, 2016

Election Reflections, 2016 (Part 2)

[Cross-posted to Front Porch Republic]

Yes, I know the election was a month ago. What can I say; I needed time to recover from getting everything entirely wrong, didn't I?

1) Except, maybe I didn't quite get everything entirely wrong. I mean, all my predictions were wrong insofar as the national contest was concerned, but here is in Kansas it was a different matter. Governor Brownback's financially blinkered conservative Republican majority in the legislature continued the shrinkage which worried Kansas Republicans began to deliver in the August primaries, with over a dozen new Democratic faces elected, and leaving him overall with perhaps 30 fewer reliable votes in Topeka--not enough to overcome any vetoes he may issue, but enough to cause him serious (and much deserved) headaches. Solidly partisan states like Kansas go through periodic corrections in their dominant parties slowly, so I didn't really expect for much more than than what we saw, but that didn't stop me from being pleased. Certainly, for myself at least, it was a bright spot in an otherwise perplexing night.

2) Bright not simply because, as much as I'm willing to grant validity to the populist concerns that Trump and his followers crudely and clumsily piggy-backed upon, Trump himself--a self-aggrandizing tycoon and political neophyte with a history of narcissistic, undisciplined, self-serving, and sexist behavior-- is an appalling person to be installed in the White House. No, bright also because it provides a small bit of counter-evidence to the depressing reality that many political scientists and journalists coming to document: that local and state politics are driven by national concerns and trends, and not just in terms of the partisan incentives which guide so many seeking office, but also in the awareness of voters themselves. As Craig Ferhman observed "state races correlate largely with presidential politics--whether the voter approves of the president and whether the legislator belongs to the president’s party." So the fact that in a state where registered Republicans outnumber registered Democrats two-to-one, in an election where Trump won beat Clinton by over 20 percentage, we could still see the largest swing against the supporters of an incumbent Republican governor in 25 years, suggests that there still can be circumstances where local and state politics are not entirely dependent upon what party leaders and media bigwigs cook up in Washington D.C.

3) All of which, unfortunately, doesn't change the fact that a clown car is going to arrive in the nation's capital on Friday, January 20, 2017. We've seen indications of what we can expect already--some smart promised appointments, some predictable ones, and others that range from goofy to sleazy to frightening. Tweeting falsehoods late at night, foreign leaders buttering-up to the president-elect's real estate holdings, and trumpeting state-provided tax-breaks as part of his plan to defend the working class (a prospect frustrating to both the left and the right): this is what the election of 2016 has brought us. One of my fellow Front Porch Republic scribes see Trump's victory as signaling, to at least some limited degree, the triumph of "Buchananism," which strikes me as a pleasing prospect only if one is confident that plenty of troops exist to support one's side in the culture war Buchanan so defiantly diagnosed decades ago; furthermore, the notion that Trump's election expresses the Buchananesque, populist, working-class, rural and isolationist sentiment that "our country is a real thing, not just an administrative unit and place holder until the global superstate can unite us all in perpetual peace and harmony" seems to me at least a little like the weird expression of top-down nationalist, patriotic, communitarian optimism that I remember many of us (myself included) being swept up in after 9/11, as President George W. Bush took us on a well-intentioned but atrociously planned and essentially unjustified pious crusade down a Middle Eastern rabbit hole. Under Trump, maybe it'll be East Asia? He's got a head start...


4) The arguments over the flawed political science and predictions (my own most definitely included) which left so many flustered that night and somewhat hysterical in the month since are far from resolved, and academic arguments being what they are, probably won't be for years to come. Obviously race and gender played a role in Trump's election, but what role and to what extent remains a source of dispute. Given Trump's harsh words for undocumented (and, it can't be denied, invariably non-white or non-Christian) residents of the United States, and given Trump's history of words and actions that often appeared to be anything but respectful of women as sexual equals, the assumption that this election would see a massive doubling-down of the coalition (African-Americans, Hispanics, single women, college-educated urban cosmopolitans, etc.) that had a lot of us, eight years ago, thinking about the emergence of a new "liberal America." Well, that didn't happen (though to what degree it didn't happen remains a matter of much dispute). The Obama coalition, for better or worse, didn't show up for his anointed successor, now matter how strongly he pushed for her. Misogyny? Voter restrictions? A case for the explanatory power of both exists, and I don't dismiss them; I want to remain conscious of my own blindness when it comes to evidence for certain explanations that I don't at first see.

5) Beyond the arguments over voter suppression and Clinton's lack of appeal as a candidate to a great many voters, though, there remains, I think, a key transformation in America's political culture that the Democratic party, nationally at least, has still failed to connect with, and which Trump only accidentally benefited from this time around. Until there is a party platform that can really give it life on the national stage, we can't know how pervasive the support for it may be, though the Sanders campaign obviously at least touched upon it. Two years ago, I mused that "There is a different mix of the progressive-libertarian and the populist-egalitarian out there, a different mix of what seems to be done best locally and what needs to happen universally." Keep in mind that, at the very least, overlapping majorities of voters in various states (though not overall) chose embraced the Republican Trump for president, and embraced what most of us would presume to be decidedly non-Republican policy changes by referendum: effective minimum wage increases in five states, and marijuana decriminalization or legalization in eight more. Many people are frustrated by systems--global and governmental--that continue to empower the few and exploit the many; maybe not a majority of the people, at least not everywhere or all the time, but a solid and electorally significant number of people who want change nonetheless. So until such a time that these views can be articulated broadly--and that time may never come; maybe technology and economic stratification have just changed the structures of our political culture too much for parties to perform that work any longer--we just have to put together localist defenses of those programs and opportunities which can allow for those kinds of creative, cooperative changes as best we can. As I concluded my post a month ago: "The localist alternative to federal decline will exist whomever wins tomorrow." Now that we know the winner, our angle of approach, as people concerned with building neighborhoods and communities of real mutual support, should change as needed--but not our direction. My old friend Matt Stannard put it well:

We have to keep building, building, building. Keep creating and converting worker-owned cooperatives. Keep creating and strengthening eco-villages, income-sharing communities, and community land trusts. Keep reminding cities and states that public banks offer independence from a federal government owned by Wall Street. Keep fighting every attempt to privatize the commons. Keep building cooperative culture, local currencies and time exchanges, strong social service networks and resource-sharing programs. Every time we demonstrate that cooperation works, the forces that gave us President-elect Trump lose.

Localists, unite! (I mean, what else can we do until the 2018 midterms, right?)

Tuesday, April 07, 2015

The Most Important Element of Tonight's Win for Marijuana Sentencing Reform

Tonight, a ballot issue here in Wichita, KS, to reduce the penalty for a first-time arrest for the possession of a small amount of marijuana won. Did it win big? Nope, but it did win decisively: 54% to 46% of the total votes cast. And that, frankly, may be the best possible result which we who supported this ballot issue could have hoped for.

Why do I think those result are better for the overall effort to challenge drug-war overreach than a blow-out win? Because this is just the first step. Now, here in Wichita, we will wait to see what our new mayor and the new city council will do as Kansas's Attorney General, Derek Schmidt, decides whether or not to make good on his threat to sue the city to force our government to ignore the results of the election, since it would involve Wichita police treating as an easily disposed-of criminal infraction the possession of a controlled substance which the state lists as a Class A misdemeanor, with heavy fines and a criminal record attached. If an injunction is laid upon the city, our government almost certainly won't fight it, and that will be that.

Except it won't be, because state legislators will be watching. They wouldn't be if the sentencing reform ballot issue had lost. And it's quite possible they also wouldn't be if it had won big--say, a 70%-30% blow-out. In such a case, it would have been very easy for the opponents of the measure to say to folks up in Topeka, "They won solely because they registered for this one issue a bunch of marginal, disaffected folk who can't possibly be counted on to vote normally." But they can't say that in this case, because the turnout in this election--with about 37,000 votes cast out of about 200,000 registered voters, or about 18% of the total--is unfortunately pretty standard for springtime city-wide elections. And moreover, if you look at the votes cast for the sentencing reform ballot and the only other city-wide contest--for mayor--the numbers are almost identical. Clearly, those who worked so hard to bring this reform issue to the voters did not manage a win by somehow flooding the ballot booths with thousands of disengaged, marginal, first-time voters. (If they had, voting totals would have been different, because they wouldn't have voted for mayoral candidates at the same rate, or else if they did the number of write-in ballots--which amounted to only 5% of all votes--for outright supporters of the sentencing reform issue like Jennifer Winn would have been much higher.) No, this ballot issue won a small but clear victory because thousands of standard Wichita voters were persuaded it was the right thing to do. And those are exactly the voters whom at least a few of those state legislators in Topeka will want to have on their side to stay in office.

So tonight, I'm feeling pretty good. My bet is that sentencing reform won't be allowed to happen in Wichita--but the people who will be frustrated by the state's actions in that regard are going to include thousands of ordinary voters in this mostly white, mostly conservative city, and that is the sort of thing that may really lead members of certain committees to wake up to not just a valuable reform in criminal justice, but an electorally beneficial one as well. This is how you build movements, folks. Door-knocking, signature-gathering, and vote after vote after vote.

Friday, January 30, 2015

Marijuana and the Democratic Problem

This is a slightly expanded version of an editorial which appeared in the Wichita Eagle this morning.

This past Tuesday, when the Wichita City Council approved putting on the April ballot a proposal which would reduce the criminal penalty for adult possession of small amounts of marijuana to an infraction with a fine (essentially making it the same as a minor traffic violation), they did the appropriate thing. After months of work and much painstaking attention to detail, the many volunteers associated with the Marijuana Reform Initiative--some of which I'm happy to call friends, whose protests I have joined and whose petitions I have signed--had done exactly what the law requires, and the City Council recognized that.

It was interesting, however, as I sat in the City Council chambers and listened to the councilors’ comments (particularly as several of them spoke in what seemed to me to be a somewhat CYA-manner in regards to the "dilemma" before them), to be reminded how expensive and time-consuming and intimidating self-government can often appear to be.

Specifically, multiple members of the Council expressed consternation over the fact that the laws in question are “fuzzy.” Obviously, if the voters of Wichita approve this measure and the city government acts in accordance with it, instructing the Wichita City Police and city prosecutors to change their approach to this particular drug, the city will be in violation of state law, which categorizes marijuana possession as an offense deserving of a year in jail and a fine of thousands of dollars. (And or anything more than the first offense or mere possession, far harsher than that.) And yet, for them to simply dismiss this legally produced petition would also have been a violation of state law. Hence, their frustration.

But is a situation like this really one which calls for frustration? On the contrary, what we have here is rather simple: a group of citizens making use of the procedures legally available to them to directly initiate political action. As with any political action, taken by any means on any level of government, there always will be citizens organized–either directly, or through their elected representatives, or through various other established interests–to oppose them. That’s not surprising; that’s to be expected. It is the essential nature of mass democracy in a pluralistic society: many different groups, acting on behalf of many different agendas, using many different venues to pursue their goals. It’s combative and messy. For better or worse, under our present constitutional arrangement and with our present political culture, it couldn’t be any other way.

Does the fact that this particular political fight may involve the state claiming authority over drug laws and bringing an injunction against the city of Wichita mean that it’s different? More stressful, more irresponsible, and thus one to be especially avoided by our elected leaders? I can’t think of any principled reason why.

There are, to be sure, certain matters that probably shouldn’t cross from the legislative to the judicial branches of government or back again. (For example, I'm very doubtful of both the political wisdom and of the democratic benefits of attempting to force governments to recognize budgeting priorities through legal action, something we know all too much about here in Kansas.) But questions of criminal justice and penalties have, on the contrary, always involved fights in both legislatures and courts, and have been a particular target of direct citizen input and action for many decades. (Just think of death penalties cases, three-strikes-and-you're-out policies, mandatory sentencing, and many more.) This issue shouldn’t be any different.

(And I should emphasize, the issue here is not marijuana per se; the issue our often unaware attempts to shelter ourselves from democracy's messiness. To the extent that the fact we are talking about the personal possession of a small amount of a controlled substance here, I can only say, first, that this isn't--yet--about legalization, only sentencing reform, and second, as I wrote once before: "any defense of norms and traditions--especially prohibitory, paternal ones--has to be able to constantly respond to the changing, pluralistic flow of information all around us." Harsh penalties for a tiny bit of pot experimentation are contributing to a genuine social harm, that of mass incarceration. This is, in context, a good way to start pushing back on that.) 

I am most definitely not saying that I think every city council ought to challenge the authority of every state law, in the same way that I don't think state legislatures ought to make a habit of challenging the authority of the national government. There are all sorts of financial and constitutional--not to mention policy-related!--realities to be considered, and they might often suggest an acceptance of the status quo, or even encourage the recognition that in certain contexts general approaches may be well superior to particular ones. Even Thomas Jefferson, an arch-revolutionary and fan of local government if there ever was one, allowed that such was sometimes the case. (It would be nice if the Brownback administration, which never seems happier than when it is, on the one hand, throwing ideologically-motivated challenges at the national government, and on the other, stealing authority from local municipalities, considered those same points as well.)

But even given all those considerations, it remains the fact that, in our pluralistic and federal system, conflicts between different governing bodies are, as they say, a feature, not a bug. The number of variables that can come to play in these conflicts are huge and unpredictable. (What would be the content of any such injunction which the state government could lay on Wichita, anyway? Would they empower state police officers to come into Wichita arrest local police who obeyed the new local ordinance? Would they strip elected Wichita officials of their authority and jurisdiction, and replace them with appointees of their own? How would Topeka pay for that, anyway?) Like it or not, going forward with this vote is a step forward in the always evolving process of democracy. Clarifying “fuzzy” statutes and forcing a change in political agendas doesn't happen spontaneously; they will inevitably require clashes and challenges, and when the opportunity for such arises, they ought to be welcomed.

The concluding comments of one councilor during the meeting clearly implied that “being a good citizen” is the same as “not being in conflict with the state legislature.” If we all lived in small, authoritarian communities governed by consensus, perhaps that would be appropriate. But instead, we live in an environment characterized by adversarial conflicts, mediated through diverse political and legal processes. That's often not a particularly effective way to carry out mass democracy, but it is the system we have. And consequently, I think those who suggest that a legally produced vote on a technically invalid ordinance is the wrong step, and instead that everyone involved should be obliged to just appeal to the state government and wait for a "thaw" in the conversation about marijuana in Topeka, misunderstands: going forward with votes which force a question over just what truly is valid is exactly how conversations like that move forward. The people have done their political part; I hope the City Council, depending on what Wichita citizens choose, will be ready to their legal part as well.

Thursday, August 14, 2014

Libertarianism, Paternalism, and Pot


[Cross-posted to Front Porch Republic]

From 2003 to 2005, we lived in Craighead County, Arkansas, while I taught at Arkansas State University. Craighead was a dry county, having voted many years ago to prohibit the sale of alcohol in its borders. Despite numerous efforts by restaurant owners and others over the years, that public decision remains in place today.

As a bunch of Mormon teetotalers, this instance of prohibition didn't bother my family and I at all, not did it appear impact our social circle in any noticeable way. (At faculty get-togethers, it was common for one or another graduate student, having received prior assignment, to show up at some point during the festivities with a duffel bag full of wine and beer for those who chose to imbibe.) I'm grateful for it all the same, though. Primarily because it gave me an up-close chance to talk to people about, and think about, what it means when one segment of the general population--a population that is, despite what some may think of rural northeastern Arkansas, every bit as affected by the larger commercial and pluralistic world as any distinct group of 100,000 people (70,000 of whom live in the city of Jonesboro, where ASU is located) anywhere in the USA is likely to be--comes to a collective judgment which effects the whole population. In other words, when a local majority (in this case, a union of white and African-American conservative Baptist church-goers) democratically turn their moral and religious judgments into law.

This issue is back on my mind this week, because of a couple of recent events. One took place this past Tuesday here in Wichita, when the backers of a petition (one of whom was me) to greatly reduce the criminal penalties attached to the possession of small amounts of marijuana gathered during a meeting of our city council to urge them to put the issue on the ballot, despite having fallen a few dozen signatures short in our initiative effort, and despite concerns over state and federal authority and the wording of the resolution. The other took place online, when my old friend Damon Linker published a challenging article which argued that the success which libertarianism has enjoyed in the United States is almost entirely the result solely of a rise of non-judgmental moral "libertinism":

Americans now inhabit a world in which increasing numbers of individuals find it difficult, if not impossible, to imagine submitting to rule by any authority higher than themselves on moral and religious matters. Sure, people continue to accept that one will be judged harshly and punished for violating another individual's consent (the only libertarian moral consideration). But beyond that? Don't be ridiculous. Who are you--who is anyone--to judge my behavior?

Damon used as an example in his piece the case of a young woman at Duke University who has achieved some small  fame for performing in pornographic films as a way to pay for her education, a career which she has defended in part in libertarian language. This in turn prompted a long online debate between Damon and various libertarian interlocutors, revolving around the frustration one libertarian writer felt at being put into a position of not only not judging, but in fact embracing as a positive act of liberty, something that she considered deeply unwise:

As a libertarian, I want pornography and even prostitution to be legal, if reasonably regulated. But as a survivor of hookup culture, I can’t even implicitly condone rampant, publicized promiscuity (which even on camera and for money constitutes rampant promiscuity nonetheless). Keeping your experiments in sexual growth small and private helps to limit their potential to damage both yourself and our normative socio-sexual frameworks. I want to live in a community where people understand and respect that we are all sexual creatures, enjoy their sexuality in pro-social or at least benign ways, and limit it otherwise. Such a hypothetical community does not treat the decision to perform in pornography (and then talk about it all over the internet) as just one unimpeachably empowering life choice among many.

The heart of the argument which followed was basically this: does standing for the principle of individual pluralism and freedom (which is, however you justify it, the position shared by all varieties of libertarianism) necessarily make it inconsistent to refuse to endorse, or in fact to judge negatively and wish to oppose, various choices that people make with their liberty? In other words, can supporting libertarianism as a political ideology be separated from supporting the choice to be a moral libertine?

This argument might not appear to have anything to do with our argument over the decriminalization of marijuana here in Wichita, but in my mind the two issues were connected. There are, of course, a large range of legal and political issues at play in our local debate (all of which influenced the ultimate decision of the city council--which was to instruct a member of their staff to work with the petition-gatherers to re-write the proposed ordinance and seek to obtain enough signatures to try again on a later ballot--much more than I think the should have). You have the question of state and federal jurisdictions over drug laws, the precedents established (or have they been?) by Colorado and Washington, debates over recreational vs. medicinal marijuana use, disputes over the rules which govern citizen petitions, etc. But hidden within all that is a familiar question (one which I've staked out a position on before): when you are dealing with an issue or a matter which involves consequences that would be experienced solely by the individual making the choice (and yes, despite the talk one often hears about marijuana being a "gateway drug," the real costs of decriminalization, or even legalization, are widely recognized to be simply a--possibly minimal--increase of marijuana usage, with attendant effects upon vulnerable users...but not a crime wave or social breakdown), then on what basis, if ever, should judgments be allowed to turn into prohibitions? Most libertarians allow that, of course, you ought to be able to organize and express yourself in which ever way you want--but can that organizing, and judging, turn paternal?

Something I wrote in the aforementioned discussion may be helpful here. One could say that there are at least two, overlapping but non-identical, ways in which the refusal to exercise prohibitive judgment over another person's choices could be formulated along libertarian lines, theoretically speaking. In one case, it's for Hayekian reasons: generally speaking, you should refrain from developing one's judgments in the direction of paternal action because you just don't know enough to be able to speak knowledgeably about another person's choices (particularly their moral, personal, religious, or sexual ones). That's a powerful argument, one which I've taken more and more seriously as I've worked through the pseudo-anarchic positions developed by the scholar James C. Scott. However, I don't see this as necessarily requiring that those in the libertarian camp have to support libertinism, because strictly speaking it leaves open the sort of local, contextual possibility that, in this particular case, at this particular time, some hypothetical person actually might know enough to be able to speak authoritatively about what another person is doing with their life. In the other case, though, the connection is strong, because you're thinking in Lockean terms, not ones of epistemology but of property. Here, the demand that one not act paternally towards another arises not from the fact that you don't know enough to judge another's choices, but from the belief that you have no right to do so, because they own themselves (their rights, their conscience, their sense of self), and you don't. This is a pretty reductive analysis, I know, but I think it perhaps helps explain why, given our rights-obsessed culture and Lockean intellectual inheritance here in the USA, we so often see a cross-over from a concern with personal liberty, to a refusal to countenance any negative judgments of, much less prohibitions regarding, behaviors or choices which some segment of the population (even a local majority) considers bad or wrong.

As someone who philosophically favors communitarian accounts of our actions, values, and needs much more than individualist ones, the question of prohibition comes easier for me. I don't think there are, or at least don't think their necessarily ought to be, any near-absolute philosophical roadblocks in the way of local communities democratically trying to define themselves, at least as regards matters which don't come close to broadly accepted fundamental liberties. Buying a beer or smoking a joint don't qualify in either case. So why is it that I am basically supportive of what the church-goers in Craighead County are trying to maintain, while in the case of Wichita I'm actively involved in trying to gain signatures and drum up support for a possible effort to challenge state and federal laws in regards to cannabis?

It's in part because I've learned from Hayek, as well as from Scott; I've learned that large bureaucracies and entrenched laws too often stifle the sort of exploratory action which might enable people to understand better their own needs, to say nothing of the fact that such institutional structures too often punish, at great personal and social costs, all sorts of individuals who have worked out what their own needs are, and who attempt to get around those structures. Of course, that's just a highfalutin' and theoretical way of talking about those who find themselves robbed of the ability to find a job or participate in society because of stupid choice made when they were young, or those who are convinced (rightly or wrongly) that cannabis is something they desperately need for medical reasons. In other words, I've read their stories (probably most particularly here), learned about their situations, and come to greater appreciation of how this prohibition, at this time, is doing more harm than good. As always with me, it's a context thing.

I'm still willing to defend particular paternalisms; I think any healthy community should, for the sake of preserving social norms and preventing the (I think) ultimately damaging (in both a personal and civic sense) glorification of ever-multiplying, never-judged choices. Defending one's collective moral and cultural identity, and what it can achieve, is too important to be sacrificed to the cult of individual liberty. But if my communitarian ideas have changed at all over the past several years (and they have), it is that I know understand that a defense of norms and traditions--especially prohibitory, paternal ones--has to be able to constantly respond to the changing, pluralistic flow of information all around us. In this case, well, marijuana isn't a drug I have any interest in, or would ever want any of my kids to use. But it isn't, by any means, the worst thing they could do to their bodies (plastic surgery very like would be worse!), and if there people in my community that are being unnecessarily harmed by this prohibition, then I ought to recognize that the judgment I make as parent, in this case at least, is probably as far as I ought to allow my paternalism to go.

Friday, May 02, 2008

Plastic Surgery, or Pot?

As hypothetical questions go, that one is admittedly pretty bizarre. But let me explain:

About a week ago, a friend of mine--a fellow co-blogger at Times and Seasons--called his readers' attention to a couple of, shall we say, unusual children's books. The first, It's Just a Plant, is the story of a young girl learning all about the growth and use of marijuana from her parents (with help from Farmer Bob and Dr. Eden); the second, My Beautiful Mommy, is the story of a young girl learning all about why her mother is going in for a tummy tuck, a nose job, and breast implants (through the efforts of the musclebound and vaguely superheroic Dr. Michael). The upshot of the first book is that marijuana can and is responsibly used by many people to make them feel "happy"; the upshot of the second is that mommy, who really hasn't been entirely happy with her body since she had children, will soon be even "prettier" than before. My friend and I are both generally progressive/liberal/call-it-what-you-will when it comes to everyday politics, but we both have conservative/religious/again-call-it-what-you-will streaks as well...and we both thought--only partly ironically--that the existence of children's books like this is clearly further evidence that the End Times will be upon us soon.

But here's the thing: when you get right down to it, I find the second book, the plastic surgery one, in its content and execution, to be scandalous, insulting and perverse; whereas the first one mainly strikes me as ridiculous, as such an earnestly hippie book as to primarily be an occasion for light-hearted mockery rather than outrage. I figured that the vehemence I felt towards the second book--towards its casual and commercialized assumptions about human nature, notions of beauty, and more--would be shared by numerous crunchy-con-types, and so I sent a link to it over to Rod Dreher, who then put up a post about it, filled with righteous indignation:

What kind of message is this sending to little girls? That if they don't like their bodies, that if their physical appearance doesn't conform to current physical ideals, that they should be willing to go under the knife to make themselves "prettier"? Sick....What this book really does is put even more pressure on girls in this culture to learn to hate themselves for not measuring up to a Barbie doll ideal. If they're being taught to absorb this toxic idea from childhood, what kind of neurotic wrecks are they doing to be as teenagers? And boys too will learn that if females fall short of the physical ideal, well, they ought to go to the medical profession and fix their imperfections via surgery.

I couldn't have summarized my own thoughts better myself, though I never got the chance...because rather than engaging in the long and contentious thread which erupted at Dreher's blog over issues of plastic surgery, standards of beauty, sexism, and raising kids, I was distracted when a friend of mine (from Dallas, coincidentally) challenged me: why are you so much more upset by idea of cosmetic surgery than by the idea of marijuana use? Would I really rather one of my daughters become a pothead than get a nose job? The resulting e-mail discussion ate up much of the weekend, and I'm only getting around now to putting my thoughts down here.

First things first: I'm no crusader for the legalization of marijuana. There are plenty of people who know a great deal more about its use, sale, and effects than I do, and from what I can tell the majority of them seem to acknowledge that, at the very least, it is often a gateway drug to more harmful substances. Hell, I'm a Mormon, and a bit of a health snob too--I don't use and would rather than no one else use any kind of primarily intoxicating, hallucinogenic or addictive substances at all. But then perhaps that's the point; I suppose I would probably see some hypothetical experimentation with pot by one of my children about the same way I would see similar experimentation with cigarettes or snuff or whiskey or wine: as something foolish, possibly dangerous, but mostly just irresponsible and unwise (though of course, under current laws, experimentation with pot could get her a criminal record as well, and that's an additional concern). But I don't think I'd find it especially scandalous, at least not in any fundamental way.

So why do I feel that way about plastic surgery...or at least, the type of surgery, and the mentality behind it, being sold as a positive thing to young children by the book in question? I think primarily because it involves selling something based on images, images which have been shaped by who knows how many years of sexism and male presumption, images which have been manipulated by who knows how many Hollywood agents, Madison Avenue hacks, toy manufacturers, pornographers, fashion designers, and dozens of others that I--as a religious person, as a husband and father, as a communitarian and democrat--instinctively distrust. The fact that a certain body image--the nose job, the boob job, the tummy tuck, all done to "fit into my clothes" and to "feel good about myself"--is being presented to children as an ordinary and, indeed, empowering choice which mothers can (should?) make I find simply disgusting.

Does this mean that I think books like this should be illegal? No (but mocked: yes). More importantly, does it mean I think plastic surgery itself should be illegal, or even something that in principle ought to be condemned outright? Again, definitely not: there are too many fine lines that would have to be worked out and defended in advance to be worth it. But that doesn't change the fact that perhaps 90% of all cosmetic and optional (that is, not called for by burns or other medical needs) plastic surgery is, in my judgment, wasteful, depressingly shaped by social forces which ought not have the power they do over the thinking of too many women, and ultimately wrong. That leaves a gray area, sure; and to be fair, that gray area exists on both sides of the hypothetical question: I suppose I would rather Megan (our oldest daughter; she'll be twelve this year) get a nose job then become a marijuana addict and junkie. But would I rather her get a nose job than be an occasional user of marijuana? Of course my preference would be neither, but given this stark and crazy choice...I don’t think so; I think I would rather learn she's smoked a joint or two than see her shell out her own money to get a new nose (or tummy, or breasts). Why? Because her marijuana use at least wouldn't necessarily indicate that she's likely been convinced by the media machines or her peer groups or her own (no doubt socially manipulated!) insecurities that she needs to improve herself to be more "beautiful"--and defending her against such machines, peers, and insecurities I see as one of my primary responsibilities as a parent.

My friend picked up on the idea of "improving oneself," and asked: why are you presumably comfortable with all sorts of (sometimes expensive, sometimes fairly time-consuming) cosmetic acts that my daughter's may engage in at the appropriate age--anything from dieting to shaving their legs--but I draw such a firm line at plastic surgery? Well, I'm not comfortable with all of them--though my wife and I are more comfortable with more of them than is perhaps typical of most white American Mormons like ourselves; decorating one's body through ear or nose piercings, for example, if done in moderation, don't seem to us to be problematic. We do have some difficulty with tattoos, though--basically because of the long-term effects (and consequently the long-term "investment" they demand up front) they have on one's body...and again, I'm operating under the firm belief that, at least in a great majority of these cases, the bodily "improvements" which so many women and girls so often feel pressured to embrace begin with corporate profit calculations, not authentically cultural decisions.

Perhaps we can put these things on a continuum: some methods of making oneself over to fit a pleasing image (hopefully pleasing to oneself or to some community one is a member of, one with its own organic, aesthetic sense, as opposed to one which simply reflects and amplifies whatever Cosmopolitan magazine tells it to value) are invasive and essentially permanent, whereas others are not. Some involve major investments of one's "self" in the broadest sense, and others do not. Some are somewhere in the middle, perhaps easing in one direction or another. These are not the sort of hard-and-fast distinctions that would make me comfortable with getting the law involved, but yes: I believe I can reasonably say that it is unnatural, unusual, and often a little disgusting to allow one’s looks and, to a not-insignificant degree, one's bodily "self" to be guided in an invasive and permanent way by a thinking that is not your own, whereas allowing it to be guided in a merely superficial, experimental, temporary way would be, to my mind, at worst something foolish. Moreover, some image-driven manipulations and improvements, like dieting and exercise, can sometimes have pretty significant positive benefits in terms of health and well-being, while others, like the great majority of plastic surgery operations (i.e., those alternations that do not involve addressing deformities or serious or at least legitimate health and functionality concerns), are not. Some manipulations, like make-up or dying your hair, are (probably) temporary and changeable; others, like plastic surgery, are not. In the end, when all is said and done, I think you can (and should) make distinctions about those ways of aspiring to conform oneself to an ideal which are responsible and reasonable, and those which are not.

My friend wasn't convinced, and he made a few thoughtful challenges to my position. Primarily, he wondered about my distinction between temporary alterations and permanent, invasive ones--does the distinction hole water? I think it does. The body isn't fundamentally altered by something that you can wipe off or take off. Permanent alternations are more than decoration, which is all wearing an earing; rather it's essentially making the claim that something you have, something you are, some age you are, just doesn't fit--that you need to draw upon some other resource, some other image, to accomplish whatever it is you desire, and that means handing your own conception of yourself over to someone or something else. And since the types of plastic surgery I'm actually concerned with, the types sold as ordinary and worthy of celebration by the aforementioned book, are the types which I believe are mostly introduced to the thinking of the women of America as "needed" primarily by men engaged in sexual objectification, by chatty and judgmental and competitive peers, by fashion magazines, by pornographic videos, by repellent talk-show hosts and insufferable aerobic instructors, I'm consequently deeply bothered by such practices, because I don't think anyone should--"freely" or otherwise--hand over the shape of their bodies and lives so willingly to such a pack of self-gratifying vultures and reprobates. And no, I don't think I'm being overly simplistic here: for the record, I don't think human agency is a slave to the environmental or cultural influences which surround all of us. But I think such influences are a huge factor in shaping the people we are and the choices we make, nonetheless. The media is what selectively reinforces upon all of us certain assumptions and preferences that are probably there in our community anyway, but without the benefit of a whole contradictory world of influences to moderate and/or contextualize them. The media can warp our thinking, in other words. As such, I worry about it, even if it isn't the ultimate causal factor in our actions, and I especially worry about it when it seems to me that people are internalizing some of that warping into their bodies in expensive, invasive, permanent ways.

My friend also wondered (and out of our e-mail audiences, he wasn't alone) what the real cause of my vehemence was, and whether one could describe it a "chivalrous" or "condescending" towards women. He has a point, of course: at what point would my condemnation of my daughter's hypothetic choice to get a boob job so she'd have a better chance at landing a contract with Girls Gone Wild be essentially a claim that she's been duped, that she doesn't know what she wants, that she doesn't know what's best for her? My only response, I suppose, would be to fall back on my basic motivations here: my huge distrust of modern commercial and consumer norms. My wife Melissa has greatly influenced me here; her particular kind of Mormon feminism has merged with my own weird traditionalist-Marxist perspective on things over the years, with one result being that one of the few things we fully agree on--and in fact can make each other more and more impassioned and extreme about, just by talking with each other--is the commodification and corporatizing and selling and sexualizing of our sense of self, particularly women and girls' senses of themselves as individuals and as children of God. Plastic surgery, or at least many types of and justifications for it, is just a symptom of a deeper problem. (There are many teachings and influences I could cite here--Neil Postman, Juliet Schor, Catherine MacKinnon, etc.--but the ur-text for Melissa at least was probably Jean Kilbourne's terrific, challenging broadside against sexualized advertising, Deadly Persuasion.)

Let me finish this rant with an e-mail from another friend, who observed this back-and-forth and then had this story to tell:

I love my daughter (who is 8, by the way) for many reasons. I love many aspects of who she is. But one of the things I appreciate most about her is her sense of self. She is who she is; she knows who she is. She has enough self confidence to not care what most other people think of her. She also happens to be beautiful, intelligent, and athletic (although maybe I just think that because I'm her daddy).

Then I think about her, at some point in her life, having a nose job. And I try to work my way back through the state of mind she would have to have to make that decision. The conclusion that I come to is that she would have to start paying attention to what other people think of her--and not just that, but people who would think differently of her if she had a different nose. Not how she treats other people, or her sense of humor or her problem solving ability, but her nose. In other words, she wouldn't be herself anymore. She would have to have become a different, less wonderful person. This is especially personal to me because my daughter is starting to make comments about being fat (which she isn't). But I can tell the social pressure has started, and I worry about her.

I should say that my wife actually has had a nose job. She broke her nose riding a horse when she was 15, and it wasn't set correctly, and healed quite crooked. She had it straightened because she was starting to have trouble breathing. Obviously I have no problem with that. And if someone in general isn't satisfied with their body and wants to have it surgically changed, I don't have any problem with that in a generic sense either. The difficulty I have with this is very personal. I hate the fact that our society places has such strong social pressures about how a woman should look to be accepted that a beautiful, strong eight-year-old-girl would even be exposed to the idea that she is fat.


Amen.