#LSA2020: ADVOCATE

What a treat we all had this evening at the Law & Society Association Annual Meeting! We got to view the excellent Israeli documentary Advocate about attorney Leah Tsemel who represents Palestinian defendants in Israeli courts. Tsemel is revered in some circles and reviled in others for her iconcolasm, bravery, and unwavering commitment to the Palestinian struggle.

The documentary showcases one of Tsemel’s most difficult cases: the defendant, Ahmad, 13 years old, ran around with his cousin with knives. They stabbed an Israeli child, also 13 years old. The cousin (15 years old) was killed by the Israeli police/military. Throughout a horrific, brutal investigation, after sustaining serious beatings and a cracked skull, Ahmad argued that he had no intent to kill, only to frighten, and did not want to attack children. Tsemel faces a tough dilemma: because of his juvenile status, if Ahmad confesses, he won’t be incarcerated but rather sent to six years at an institution. if he goes to trial, he might face imprisonment. She is adamant that she will support his right to continue to tell his truth.

The film also tells the story of Tsemel’s life, from her experience of the 1967 occupation of Jerusalem as a law student, through her activism in socialist anti-Zionist movement Matzpen (“compass”) in the 1970s, her husband’s involvement in radical activities, and her adult children’s thoughtful, complex reflections on their family life in the shadow of their mother’s convictions and unusual career. Tsemel emerges as an unusually brave and committed person.

I was very glad to have the opportunity to see the film, and surprised at the points at which Tsemel’s life choices illuminated my own. I served for five years as a public defender at the Israeli Military Defense Counsel’s main office, where I occasionally represented people who, on the surface, are on the opposite end: Israeli soldiers who looted Palestinian homes and abused Palestinian detainees. I vividly remember an evening at which four of us, who strongly identified as left-wingers, sat at a pub in Tel Aviv and talked about our moral convictions about the occupation. Two of us said they would refuse to represent soldiers in these cases; one of them, still someone I like and admire a lot, explicitly said so to our commander and ended up getting disciplined but insisted on taking on other cases as a trade-off.

I admitted to my friends that I saw no ethical problem representing these folks (older than Ahmad, but not by much.) I sometimes worry that expressing this position will be incomprehensible, or even reprehensible, to friends who see the conflict in black and white. It was precisely because of my conviction that the occupation was vile and debased everything and everyone that touched it that I saw it as a duty to represent these soldiers. To me, they were placed by their government and their commanders in morally impossible situations akin to the student participants of the Stanford Prison Experiment. Encouraged by the overwhelming racism and intractable duality created by the conflict, and marinating in a military culture that ignored (at best) or condoned (at worst) their wrongdoing, they were victims of the horrors of the occupation, like their Palestinian counterparts (albeit, of course, not to the same degree.) When I interviewed Israeli conscientious objectors, most of them former combat soldiers, about their experiences, it was evident how tortured and scarred they were by the memories of engaging in things they now considered atrocities; this is one of the reasons I have so much respect for Breaking the Silence (“shovrim shtika”), an organization of former combatants revealing their experiences. If there is ever to be peace, everyone should have the opportunity to exorcise the demons of this horrible, violent conflict, so that real peacemaking work can be done. I see the way the occupation has damaged the occupiers every day in Israeli society–the machismo, the lack of empathy, the culture of not listening, the verbal and physical violence. Of course the other side suffers orders of magnitude more, and both sides are locked in positions in which they ascribe victimhood to themselves and crimes to the other party. These identitarian labels and the truthiness they come with are very hard to shake.

Growing up as a largely nonpolitical nerd, I was fascinated by organizations like Matzpen and by friends who had strong political consciousness, were radicalized since high school, and went to protests and somesuch. I envied, and marveled at, the ability to wake up in the morning with the unwavering feeling that One Is Doing God’s Work and that the adversaries were unquestionably the bad guys. I felt so childish by comparison because my opinions were so unformed. It was much later, in the army, that I found my own political consciousness. There’s nothing like ranks and stupidity and reading Catch-22, which felt like a documentary of my life at the time, to crystallize unfairness, injustice, inequality, and the burning need to help people caught in Kafkaesque situations not of their making. But even then, I simply couldn’t resign to a formula under which one side was the good guys and the other the bad guys. The miasma of the conflict infected everything around it, and the crumbs of ugliness that fell on my professional plate did not always neatly arrange themselves in a way that made moral determinations easy. It didn’t always favor one category of humans over the other, and it made for interesting, reflexive experiences, thinking about what world improving action I could take given what I had in front of me. Much of what I learned in practice, particularly how class differences played a horrible role ruining young people’s later civilian lives, informed and enriched my later scholarly work.

But the sense that the world of good and evil is complicated, and that there is too much suffering around me to take sides and stick with them in perpetuity, seems to have remained as a permanent feature. Today our hearts cry as protesters respond to the horrific killing of George Floyd. Opinions fly back and forth about rioting and property destruction–is it wrong, is it right, who is doing it, what would MLK say about it–and I just find that the heart is big enough to contain and feel, really feel, the suffering of everyone, before being so sure about what I think about every aspect of this situation. Maybe Leah Tsemel would shrug and simply say that the evils of racism justify any means and that it’s not for her to judge the reaction–and would feel comfortable in her unwavering commitment to this ethic, and sleep soundly. Me, I’m not sure of anything, except of the profound sadness I feel–for George Floyd’s family and friends, for his community, for Black people feeling traumatized, for Black lives being devalued, for the rage and grief that prompts people to destroy, for the unloved, cynical emptiness that would lead people to jump on the bandwagon of destruction, for the losses of local businesses, for the people challenged to respond in a human, decent way, and not knowing what to do, for everyone who is angry and sad and afraid and feeling inadequate to mend the sorrows of the world. It is a thicker, more overwhelming sensation, perhaps, of ethical humanity, but I have grown to accept what is in my crying heart–in any human heart–and its miraculous ability to hold the extremes of joys and sorrows. When called upon to rebuild, I trust in my ability to determine, as best I can, how I can reduce suffering in the world. It’s all any of us can do.

How to Vent During a Pandemic

A few years ago, Susan Silk and Barry Goldman penned a wonderful article in the L.A. Times about how to cope with situations involving suffering and grief. They advised to draw a set of concentric circle, with the person directly experiencing the distress at the center, the people closest to them around them, situating people on a continuum to closeness to the situation:

Here are the rules. The person in the center ring can say anything she wants to anyone, anywhere. She can kvetch and complain and whine and moan and curse the heavens and say, “Life is unfair” and “Why me?” That’s the one payoff for being in the center ring.

Everyone else can say those things too, but only to people in larger rings.

When you are talking to a person in a ring smaller than yours, someone closer to the center of the crisis, the goal is to help. Listening is often more helpful than talking. But if you’re going to open your mouth, ask yourself if what you are about to say is likely to provide comfort and support. If it isn’t, don’t say it. Don’t, for example, give advice. People who are suffering from trauma don’t need advice. They need comfort and support. So say, “I’m sorry” or “This must really be hard for you” or “Can I bring you a pot roast?” Don’t say, “You should hear what happened to me” or “Here’s what I would do if I were you.” And don’t say, “This is really bringing me down.”

If you want to scream or cry or complain, if you want to tell someone how shocked you are or how icky you feel, or whine about how it reminds you of all the terrible things that have happened to you lately, that’s fine. It’s a perfectly normal response. Just do it to someone in a bigger ring.

Comfort IN, dump OUT.

Susan Silk and Barry Goldman, How Not to Say the Wrong Thing, Los Angeles Times, April 7, 2013

I mentioned ring theory in my mindfulness meditation course Sheltering in Compassion when we talked about reactivity to pain and fear. Later, my friend Sarah made a really important observation: because on social media one has a large and diverse audience, the rings get “smooshed together.” Some of the people you speak to are closer to grief than you are, and some are farther away.

The pandemic really drives home this “ring smooshing” situation. It is tempting to offer the comparing mind free rein to scan around and assess who got dealt better or worse hands than ourselves. But the comparisons are always incomplete, because while you might have the external parameters of another person’s situation (and sometimes not even that), you do not have their internal experience. Some people might be busier than others, or caring for more people, while others may feel more isolated and lonely. In short: When we complain online, we don’t know whether we are being read by people in a closer or a farther away ring. Being mindful of the impact of our complaints of others, and noticing when we hoard emotional energy, is valuable.

But complaining can have a detrimental effect on our own wellbeing as well as that of others. Recently, I came across Cianna Stewart’s No Complaining project, and read her book (more of a workbook) with great interest. As she points out, hearing oneself complain can generate despair, aggravate depression and anxiety, and, importantly, give the person a sense that they are “stuck in the complaint”, thus divesting us from the power to figure out solutions to our problems. Stewart, who worked in HIV prevention during the AIDS epidemic, knows a lot about the importance of changing the script of a negative, self-defeating narrative.

So, should we clam up and never complain? Should we say that everything is hunky dory at all times? Suppressing or denying all negative experiences and feelings, sometimes extremely manifested as “toxic positivity“, does not make the negative experiences or feelings go away, and ignores an important cue that we are experiencing something meaningful. Any emotion, positive or negative, is our mind’s way of calling attention to something important about the human experience.

Nor does intellectualizing the feeling or telling ourselves stories about it help. Some of the behaviors we frame as “healthy venting” aren’t; they foment the sensation and cause artificial upheaval, propping ourselves up through a sense of righteousness that masks any insights we could draw from a quiet reflection on the situation. So, both expressing and repressing unpleasant feelings can take the shape of resistance to what they have to teach us.

A good way through the muddle is to heed the Buddha’s instructions on right speech (samma vaca), which is part of the Eightfold Path, to abstain from “lying, from divisive speech, from abusive speech, and from idle chatter.” I found lots of fantastic resources and examples of right speech, ranging from Marshall Rosenberg’s well-known classic Nonviolent Communication to Beth Roth’s terrific article about improving communication with her teenage son. In the context of complaining, the elements of right speech can help us discern whether our complaints are making the world (including our own minds and spirits) better:

Is It True? Unexamined emotional upheaval can lead us to be stuck in a rigid view of a situation in which we are 100% right and the other person is 100% wrong. This is seldom true. When I revisit painful conflicts from many years ago, I invariably find that, with the perspective of time, I can open myself to a broader view of the situation. This is not easy to do when I’m “hooked” and in the throes of the strong emotion. All the more reason to sit quietly with the emotion, befriend it, try to find out what it needs or what it wants to teach me, and only then respond. I’ve mentioned here before Byron Katie’s The Work; while I have reservations about how she runs the workshops, I think using this worksheet to process a situation can be helpful as a mind-opening tool.

Is It Gossip? I once visited a Waldorf school , where the principal told me of the school’s efforts to foster a healthy communication culture not only among the students, but among the administrators and teachers. One of their most important communication rules was “go to the source, or let it go.” This prevented gossip from leading to misunderstandings and festering in the community without solution. It also occurs to me, along the lines of Cianna Stewart’s work, that going to the source empowers the person with the grievance to shift the situation in a constructive way, whereas witnessing oneself gossip without solution doesn’t help. I’m going to add to this that “callout culture”, which is sometime hailed as “speaking truth to power,” is not exactly a “go to the source” solution. True, the source will be exposed to what is going on, but so will many others: callouts are a social theater and have an audience. Precisely because of the performative aspect, the supposed benefits of “starting a conversation” or “bringing about a reckoning” usually fail to manifest (I’ve written about this here and here and talked about it here.) Whatever can be resolved with a direct conversation, should, and going behind someone’s back or broadcasting broadly should be done only when there are important considerations that rule out going to the source.

Is It Abusive? Relatedly, complaints should be framed in a constructive way. Lashing out at people, especially in public or behind their backs, or engaging in cynicism and ridicule, is counterproductive. Striving to find a way to say even difficult things with kindness not only encourages a broader view of the situation, but also goes a longer way toward ensuring that our speech has its desired effect.

Is It Necessary? Online discourse has a democratizing feature–the virtual floor is open to anyone who has an opinion and wants to share it. Consequently, we are bombarded with hot takes and opinions from all directions; even when we have good crap detection skills, it is still time consuming and burdensome to deal with the incessant flow of opinions. This pandemic time is teaching me great lessons about the need to be more discriminating in my online communications, if only not to overburden people who are already drowning in a sea of things to read, to process, to engage in. I’ve started asking myself whether what I have to say really adds anything to what is already out there. A related important inquiry has to do with the social footprint of the speaker. My good fortune in life and what I do for a living mean that I often get to hold the proverbial talking stick, and have become mindful of the importance of passing it to voices that receive less than their due attention, or speaking for them if their own voices are muted by tragedy or lack of social advantage (speaking for incarcerated people during this pandemic, for example, is crucially important, because it is hard for the public to get the information firsthand, but whenever possible we should hear from people released from prison and from families of prisoners.)

Underscoring these four guidelines is the fundamental question: Am I expressing myself to deflect, ignore, or rid myself of feelings that have important lessons to teach me? Or am I engaging with my feelings, aware of them, accepting their valuable teachings, and then skillfully considering where my words might have the most beneficial effect? It is not necessarily true that “if you don’t have something positive to say, it’s best to say nothing at all”; sometimes negative things need to be said, pain needs to be voiced and honored, for things to change. Let’s put our precious and valuable words to their best effect.

The Work That Reconnects: Active Hope for Activists

A few weeks ago I finished teaching my last practicum course for my mindfulness meditation teachers certification program. It was called Sheltering In Compassion, and the curriculum was focused on the Four Immeasurables and their application to the pandemic. Because of the wonderful company I keep, all the participants were committed activists, each of them improving the world in their own way. We spent a lot of time talking about the complicated roles that anger, outrage, despair, and fatigue play in an activist’s life, and I came out of the experience eager to find a way to refresh the passion and vision of activists and connect them, spiritually, to their values and dreams.

I’ve now spent a couple of weeks reading pretty much everything Joanna Macy has ever written, as well as the work that has come from her students and collaborators, and I am so impressed–it is exactly what I was looking for! The Work That Reconnects, formerly known as “Despair and Empowerment Work”, is all about honoring our pain and suffering as coming from our overall love of the world and deep connection to all living beings. It is such a deep, rich way to mill the difficulties and challenges in the activists’ path and engender hope and passion.

Too often, we receive well-meaning advice to draw boundaries, to leave our work aside, to numb ourselves to the pain we encounter. But this is very hard to do, and for people who come to social justice work with deep compassion, very difficult. It occurs to me that the challenges and fatigue is one of the reasons why activist groups bicker and splinter so bitterly (I’m going to write something about this in a separate post, as I’m now reading some social movement literature to understand it.) Even though lashing out at others seems to be an expression of anger and pain, it occurs to me that it is more often an effort to ricochet the pain and suffering away from us.

But the pain and suffering can be composted through expressing them–to ourselves and to compassionate listeners–and they can be rich soil for growing hope. This is where the four-step trajectory of Macy’s work comes in. The first step is Coming From Gratitude–acknowledging the beauty of the world and our commitment to it. Then we truly allow ourselves Feel the Pain of the World, which comes from how much we love the world and want to save it. Then, we See with New Eyes”–we understand our pain as reflecting our unity with everything that surrounds us. Finally, we Go Forth, allowing the unity to infuse us with vision and motivation.

If I have any non-family-obligation time left after grading, curriculum development (my fall teaching will happen online and I have some great ideas), and scholarship, I plan to spend it adapting Macy’s work to the law school classroom, so it can nourish and equip law students interested in social justice work with the skills they need to stay fresh, sane, and hopeful, even as they despair. I also hope to facilitate this work with activist lawyers.

A Gift to You on Mother’s Day

When I became Río’s mom, my dear friend Sarah and I, in the throes of sleeplessness, milk, and diapers, started an ongoing conversation and bond that stays strong and joyful to this day. One of our recurring gags is an ongoing mockery of parenting books, their jargon, pretentiousness, and dogma. In the baby years, it was child-led-this and play-based-that, you know the drill. When we were looking at preschools, we attended open schools about parent-involved-this and developmental that. At some point I quipped that I would become the devout groupie of whatever educational method would get us off the waitlist. We often fantasize about writing a parenting book titled “Do Whatever the Fuck Makes Sense to You.”

But this morning I realized I did, however, come up with some sort of credo. I offer it to you with love on this Mother’s Day, whether you are a mother, a daughter, or both; whether you are near your mother or you miss her; whether she could or could not be fully present for you, in person, in body, or in spirit; whether you’ve had to make hard choices about the timing and form of your motherhood; whether motherly love is easy or difficult for you right now; whether you are mothering a human child, animals, plants, colleagues, friends, students, and/or mentees; in whatever form mothering energy manifests in your life.

1. I see my child every day with fresh eyes.

I wake up every morning to the miracle that this little boy is a member of my family. It is a miracle that he is alive–just as it is a miracle that all of us were babies once. Even when things are hard, there is deep appreciation and love of the opportunity to spend the rest of my life being his mom–and the incredible gift of love from Río’s birthparents, who chose us to be his parents.

2. I am with the journey moment to moment

Neil Gordon’s beautiful article on children and the dharma starts like this:

One night when he was perhaps eight months old, my son woke me, not by crying but by gurgling and laughing. He was in an extraordinary mood. Fully awake, his face broke into a wide smile as I came into his room, his eyes glistening in the glow of the moon above the Brooklyn rooftops. His movements, still uterine, as though he were weightless, were clearly giving him great physical pleasure. And the attention he was directing toward me, the central object of his massive happiness, was as powerful an experience of primal love as I had ever known. Basking in it, stroking my son’s hair, I found a nearly unbearable sensation of regret come over me.

What was it? I asked myself, standing in the moonlit room. Why was such pain attendant on such massive love? The koanic opening line of Yeats’s short poem had long haunted me as an enigma: “A pity beyond all telling/is hid in the heart of love—” koanic because I sensed its truth intuitively, enigmatic because the list of anodynes that followed—regular, everyday occurrences, from markets to clouds—did nothing to explain what that pity was. This night, the poem’s enigma seemed to me more urgent than ever. What is the pity that hides in the heart of love, and why was it overpowering even the magical immediacy of my child’s joy?

Already, I saw, my daughter had transformed from a wondrous baby into a curious, cheerful, intensely imaginative little girl. Already she had friends, interests, secrets. These moments with an infant in a crib—moments stolen from sleep—were likely the last such moments in my life.

I was more right than I knew. My son never again awoke laughing—at least not loud enough to wake me—and soon that eight-month-old face was two years old, then three, and the fat cheeks had smoothed to show my wife’s cheekbones, and the thin baby’s hair had grown into the thick bangs I once had as a boy. And from that night and for a long time after, my experience of my children came to be infused with this pity of love. So much so, in fact, that I thought it was something very like depression. But as I became more versed in this emotion—and particularly as I watched it in my practice of meditation—I became more and more convinced that this pity was not pathological but existential; that there was within it a dharmic insight.

And Mary Talbot writes about awakening to the Four Noble Truths through her children, and awakening them to impermanence and change:

Motherhood—and its corollary, childhood—in their current optimistic models are relatively new historical constructions and haven’t always had such a good rap as pathways to liberation. Until as recently as the 1930s, maternal mortality rates in the Western world were as high as at the time of the American Revolution. And throughout most of human history, infant mortality has been so widespread that well into the 19th century, American parents didn’t name their children until they hit toddlerhood, when the chances for the kid’s survival began to increase. The probability of child death was too extreme to risk developing parental bonds. For anyone who has had a miscarriage or given birth (I’ve done both, twice), fatality feels—is—viscerally close. It’s a painful, perilous business and an ear-splitting wake-up call to the unreliability of this body, this life, these relationships.

Experiencing a child’s life through a parent’s eyes deflates the myth of immortality in other ways, too. Most of us nurse the illusion of having an expansive life because the murky backward stretch of our own childhoods creates a perception of having lived for a very long time. But watching a child grow up explodes that sense of personal timelessness. When my children were in nursery school, I would come across things in the back of my refrigerator that were older than they were. The very phase of life I remembered as stretching out for an eternity was, in fact, over before I could use up a jar of capers packed in sea salt.

Río is now at a phase in which he is upset at time’s one-directional flow. He eats a banana, and then wants it back. I offer him another banana, and he cries: “No! I want the banana I already ate!” A tower of blocks collapses, but he rails against rebuilding, because even if we build a tower that looks the same, it won’t be the same tower that fell down. Whenever we talk about how we can’t bring things back, I see my own grief of impermanence in him–the grief I felt holding one of his baby suits and knowing that he will never be that little again. Thinking about our children’s past (nostalgia) and future (hope) takes us away from the only mothering moment we truly experience–the one that is happening right now. The fourth of the five remembrances in the Upajjhatthana Sutta is, “I must be separated and parted from all that is dear and beloved to me.” A thousand separations happen every day; our children grow more independent; they leave home; they move far away; we quarrel and put distance between us. And all of them foreshadow the last and final separation that death–ours, theirs–will bring. We are assured of this final loss–we cannot prevent it. What we have is now. And it makes now, which is only now–not before, not after, never to come back– precious and special.

3. Through my child, I love the children of the world.

When I started studying dharma and mindfulness, one of the most impenetrable doctrines was the “doctrine of the no self.” But through Thich Nhat Hanh’s Interbeing and through Joanna Macy’s Greening of the Self, as well as through vision quests and journeys, I learned that the separation between the self and the rest of the world is false and malleable. The miracle that is my child is part of the overall miracle of life. Through the joys and pains of my child I feel the joy and pain of other mothers–human and nonhuman alike. It is through this profound understanding that the separation is false that the courage to fight for the life and dignity of all children emerges. Macy interviews ecoactivist John Seed about what motivates his work:

He replied, “I try to remember that it’s not me, John Seed, trying to protect the rain forest. Rather, I am part of the rain forest protecting itself. I am that part of the rain forest recently emerged into human thinking.” This is what I mean by the greening of the self. It involves a combining of the mystical with the pragmatic, transcending separateness, alienation, and fragmentation. It is a shift that Seed himself calls “a spiritual change,” generating a sense of profound interconnectedness with all life. This is hardly new to our species. In the past, poets and mystics have been speaking and writing about these ideas, but not people on the barricades agitating for social change. Now the sense of an encompassing self, that deep identity with the wider reaches of life, is a motivation for action. It is a source of courage that helps us stand up to the powers that are still, through force of inertia, working for the destruction of our world. This expanded sense of self leads to sustained and resilient action on behalf of life.

Working for human rights and for animal rights, for the liberation of life, is part and parcel of being a mother.

4. I let the self grow as it will.

Many of us are in the habit of boxing ourselves in rigid beliefs about who we are: “I’m not the sort of person who…” As our children’s personalities start taking shape, it is tempting to box them, as well. So many preschool admission forms I filled out ask you to “describe your child.” I can describe my child today. I don’t know if the description will fit tomorrow, or even an hour from now; the self is flexible and boundless. I leave room for my child to surprise me every day.

5. I bring the miracle of compassion into my child’s life.

Earlier this year I found myself facing a difficult situation in my law school class that involved some cruel interpersonal behavior between students. As I was contemplating the unappetizing prospect of “giving a stern lecture,” whatever that means, I thought to myself–why would anyone whose empathy muscles are still growing learn kindness, when our government offers so little in the way of role models? But I was also struck with the poverty of cruelty as a go-to approach to the world. Why would you want to experience the small, petty cackle of the small self, when you can laugh with sympathetic joy and embrace with compassion? I don’t know how to “deliver a stern lecture” on that. All I know is that it has to be experienced. So I offer my son as many opportunities as I can to experience what it feels like to be compassionate–from cheering up a sad friend with a handful of blueberries at daycare to rescuing an errant spider from the tub, unscathed, and gently transporting him outside. We talk about our diet and consumption as choices that come from the desire to live as compassionate a life as possible. It is his choice what to take from this to his future life, but I trust that the experience of compassion itself, which is so rewarding, will be palpable for him.

6. I listen first.

There is a phenomenal children’s book I might have mentioned in a post before called The Rabbit Listened.:

I try to be like the rabbit. It is very tempting to superimpose my own interpretation of the situation, but I am not the one experiencing it. My aspiration is to make as much space as possible for Río to sit with what arises for him, without jumping to offer solutions or framing it in some way. I can help with descriptions, which is also an opportunity to learn how to define feelings, but I need to give the feelings as long as they take to process.

7. I let joy and sorrow grow side by side.

Río’s grandparents, who adore him, live far away from us, in Israel. They visit us for weeks at a time, which are times of joy for both Río and them. When it’s time for them to leave, it is very very hard to say goodbye. I insist on goodbyes in person. Feeling the sadness of parting with a loved relative is a gift. It teaches us that we can contain sorrow and grief, that sadness is a part of life, and that we are accepted and loved all the time, not only when we are happy. It has occurred to me that many of us were not given the gift of being allowed to feel sad by our families, and that’s why we don’t know how to pay it forward. It is very difficult to contain the sadness of someone we love. But it is a precious coping skill that I try to nourish from infancy, so that Río learns not to be afraid of the depths; Khalil Gibran reminds us,

Your joy is your sorrow unmasked.
And the selfsame well from which your laughter rises
was oftentimes filled with your tears.
And how else can it be?
The deeper that sorrow carves into your being,
the more joy you can contain.

When you are joyous,
look deep into your heart
and you shall find it is only
that which has given you sorrow
that is giving you joy.

When you are sorrowful look again in your heart,
and you shall see that in truth
you are weeping for that which has been your delight.

Nurturing a great capacity of love also means building a receptive container for the joys and sorrows of life. Offering compassion allows children to develop self-compassion.

8. I open doors to grow.

One of the gifts of adoption is that we don’t automatically assume that our child will have our affinities and interests. He is who he is. It turns out that, by contrast to this bookish/weird parents, Río is a natural athlete who enjoys ball games and skateboarding. Who knew? He might grow up to enjoy going to a symphony concert with me, or he might not, but I open doors to the things that interest us as well as to the things that interest him. Through him, we’ have learned a lot about ball sports and about moving around in ways that were less interesting to us before Río joined our family. I think the lesson can be extended to biological parents as well–our children are vast, open canvasses for the world, and the more doors we open, the more curiosity and exuberance they will find. I acknowledge that the ability to enrich and open doors is largely an accident of birth; because I want all children to grow, not just my child, I work to bring about equality and justice so that other people who love their children and want to open doors for them are able to do so.

9. I build a village.

My friend Ifat Matzner-Heruti, who is a parenting coach, recently wrote on Facebook:

It takes a whole village to raise a child. You are not a village. You can’t be. You can’t do it all, it is simply impossible. You can’t care, and work, and teach, and clean, and cook, and train, and launder, and contain, and listen, and educate, and create, and dance, and jump, and write, and breathe. You are not a village and you never will be. You can’t do it all.

She’s right–and I wrote some thoughts about this a couple of weeks ago. The upshot of it all is that, in the absence of paid preschool or caregivers, I realized that we have an unbalanced life. I don’t need more paid care so that i can work more. I need a shorter workday–we all need that, actually, parents and non-parents alike–so that there is more room to be with my child and raise him. Yesterday, out of the blue, Río said, “I don’t want to go back to the teachers. I want to be with you and Aba at home all the time.” That may not be entirely possible or desirable (and I won’t live with him at his college dorm!) but it conveys a deep, strong sentiment that needs to be honored. Love requires time, and if I don’t have all the time in the world, I want to fill this time with loving extended family, friends, and neighbors.

https://www.youtube.com/watch?v=EQ3ePGr8Q7k

10. I mother myself.

I apply all of the above to my own life. I appreciate my own present body, mind, and spirit, even as I work daily to grow. I cultivate love for all beings and aspire to put that love into action every day. I listen to myself, I let myself feel sorrow as well as joy with self compassion. I accept the self as malleable and changing and open doors for transformation. And I cultivate a village around myself and my family, at the same time as I aspire to be part of your village.

Happy Mother’s Day to all of you! May your mothering path be filled with love and compassion.

How We See Others: On Ahmaud Arbery, Homelessness, and the Judging Mind

A couple of weeks ago I posted about the comparing mind and how to soften our judgment of others. The pull toward judgment is so strong–I’m encountering it in myself as well as in lots of people around me who are ordinarily kind and patient–so I find myself posting about judgments again. During today’s outing with my son I was mindful of how a six-foot measuring stick has been embedded in my brain, and that was the first thing I noticed about people around me–that and whether they were wearing masks. It was as if something inside me yearned to control and chide other people’s behavior. The act of perceiving others’ compliance was so instantaneous that it frightened me. Being cognizant of this feeling, and sensing the “hook” of the temptation to judge in myself, has given me more understanding of the judging behavior of others.

On our outing, we traveled 2.23 miles to honor the memory of Ahmaud Arbery, the young man who was so cruelly murdered a few months ago while going on his daily run. Two suspects–a father and son–have now been charged with his murder. We will learn more during the trial, but the chilling footage suggests that Ahmaud was gunned down for no other reason than the color of his skin–yet another horrifying tragedy building on our racist legacies.

As we were walking, I was thinking about the horrors of these immediate judgments and biases. Before our pandemic times, we would look at passers-by in the streets and our unconscious would sort them into groups based on their gender expression, ethnic or racial appearance, or the apparent quality and fit of their clothes. These and other factors determine not only how we see people, but sometimes whether we see them at all. China Miéville’s wonderful novel The City and The City is set in two European city-states occupying the same physical space, but without mutual diplomatic relations. The citizens of each city are socialized, since infancy, not to see the buildings, cars, and people of the other city. When the hero has to investigate a disappearance from one city to the other, he has to undergo training to “unsee” his own city and “see” the other.

This week, UC Hastings and other businesses and people in the Tenderloin neighborhood of San Francisco sued the City of San Francisco for its neglect to address the overwhelming crisis of homelessness, drug dealing and mental disability that has characterized the Tenderloin, especially since the pandemic. I’ve spoken about this with students who live in our dorm, the Tower; even though we all have witnessed the immense suffering in the streets surrounding campus for years, the virus and resulting crises have magnified the suffering, to a level that affects everyone in the Tenderloin–housed and unhoused alike. We think of ourselves as good, kind, compassionate people, and yet we must harden our hearts and “unsee” the human suffering at our doorstep; it has finally risen to a level of tragedy that can no longer be unseen.

These snap judgments we make are at the heart of the many mundane ways in which we treat others badly. Most of us (I believe and hope) do not share the murderous intents of the people who accosted and shot Ahmaud. But how many people who think of themselves as kind and compassionate perceive people who do not look like them as dangerous, threatening, unpleasant to interact with, and move to the opposite sidewalk?

With the current threat at our doors, the usual features that our biased minds would glom to, to offer a snap judgment of the person walking toward us–poor, dangerous, friendly, you name it–have receded to the background, and our immediate biases have clung to masks and distances. The first thing we see now goes beyond poor/rich, male/female, white/nonwhite. It goes to masked/unmasked and distancing/not distancing. And so, our judging energy has gone there, where it might have gone elsewhere in past times when we noticed other things. It has been a profound education for me in the nature of instant visible biases.

I imagine some people reading this will be rightfully upset about the comparison between racist murderers and people who just want others to participate in the measures we are taking to prevent contagion. Of course motivation matters. But look at what the presumably commendable effort to shelter in place is making people do: scream at other people, slash each other’s tires, write horrible notes to each other, place rotten meat at people’s entrances as punishment for their perceived violations. For people imbued with a commendable motive, these are not particularly commendable (or effective) actions.

We must heal and fix the world, so that young people’s promising lives will not be cut short by race-fueled hatred, and so that poor and suffering people will not be ignored and unseen. Let’s start by sitting with our own judging minds, let go of others’ behavior that we cannot control, and then find the space to unite in active hope to work for racial and economic equality. The revolution is bigger than all of us, but it starts inside us.

Is It True? Questioning Rigidly Held Beliefs

For the first few weeks of the pandemic, we were advised by CDC and WHO not to wear masks unless we were sick. The masks, they said, were for health care workers, and would not protect us or others against COVID-19. Social media was awash with expressions of anger and outrage at the selfish, inconsiderate, cruel people whose effrontery venturing outside wearing masks showed their indifference to others’ suffering.

Then, a New York Times op-ed changed the regulatory course of the pandemic. The CDC and WHO changed course, now advising people to wear masks whether or not they were sick themselves. Part of this involved the gradual realization about asymptomatic carriers and the infection cycle. Overnight, we all sewed masks. Because the N-95 masks many of us have from the great fires in California were reportedly scarce, even if we had used ones at home, we did not dare wear them in public for fear that others would (mistakenly) judge and scold us for taking these precious commodities away from frontline workers. And, predictably, social media was awash with expressions of anger and outrage at the selfish, inconsiderate, cruel people whose effrontery venturing outside WITHOUT wearing masks showed their indifference to others’ suffering.

Notice how quickly we pivoted from raging at our friends and neighbors for doing something to raging at them for doing exactly the opposite?

We still do not know nearly enough about COVID-19, its infection patterns, and the appropriate public policy measures that would undoubtedly reduce the contagion. But reading your local social media outlet, you could be forgiven for thinking that a lot of us seem very resolute in our opinions. Everywhere we go, we scrutinize our fellow humans with eyes freshly attuned to mask violations, outdoor exercise choices, and sidewalk etiquette–and if we don’t confront them directly, we go home and unleash our frustrations on the keyboard. I cracked up reading a tweet evoking the hysteria of Arthur Miller’s The Crucible: “I saw Goody Proctor shopping without a mask at CVS.”

Our voracious appetite for criticizing others and telling them off publicly is undeterred by the fact that, for a lot of the choices we have to make every day, we don’t actually know what to do. A few days ago, a probably well-meaning neighbor accosted my partner (who was wearing a mask) in the street and scolded him for not having our toddle wear a mask (children 3-12 are exempt from masks under the San Francisco ordinance, and children 2 and under are required not to wear masks because of the risk of suffocation. My son is 2.5 years old.) A friend posted a week ago of being told off by a stranger about bringing her sons to the grocery store and having them stand on a sidewalk–she honestly did not think it was a good idea to have them set foot inside the store.

Much of the confusion is due to the fact that, in public policy, there are often big trade-offs. Just as one example, ordering a delivery from your neighborhood restaurant keeps a small business afloat–crucially important, because we might not recognize our city when this is over–but it also endangers the delivery workers who bring the food to you. We all agonize over these decisions, but the agonizing, doubting, and reflection, seem to happen much more privately than the scolding and the shaming. I had a big belly laugh of empathy when I read this fantastic piece on Corporette. You should read the whole thing, but just to whet your appetite:

Actually she never leaves her house because she only orders groceries by contactless delivery. She tips generously so it’s ok for the delivery person to be at risk.

Until she’s overcome with guilt from having someone deliver her groceries so she decides to pick them up herself. At the grocery store, she shops alone. Never with children. She has a husband who watches them. Or if she doesn’t have a husband she utilizes an elaborately and meticulously researched system to ensure her children never go out in public. She shops from a list, with haste and with gloves and a mask. She has backup items for each item on her list in case the store is out. She has backup items for her backup items. She would never complain about a shortage because her planning has made any shortage impossible to affect her. The mask is naturally homemade because any surgical or N95 masks she has she donated to the local hospital last month, obviously. She hasn’t touched her face in years.

The Ideal COVID-19 Quarantine Woman, Corporette

Along the same lines, I got a wry chuckle or twenty out of reading Dave Eggers’ excellent piece in the New York Times. Again, read the whole thing, but this should give you an idea:

P: Where should we go for a run?

A: Ideally some place where you can spread out, where you aren’t in close proximity to other people.

P: Like the beach? A park?

A: Sure. Beaches and parks are wide-open spaces. They’re about as safe as you can be.

P: We just went to the beach and the park. There were hundreds of other people there.

A: You went to the beach? The park? What were you thinking? There are hundreds of people there! Go home. Be with your kids. Do you have kids?

P: Yes.

A: Well, make sure they keep up with school. Keep up with their worksheets and Zoom, and check their work, and keep them off screens, and go outside, and don’t worry about school. It’s a pandemic, after all.

P: Um. Many of the things you just said sound contradictory.

A: Not at all. I’ll rephrase: Your kids are living through a crisis. It’s all right if they feel anxious, or if you can’t maintain routines or keep up with regular school schedules. Just make sure they don’t fall behind, and remember that kids thrive on routine. So stick to a schedule, but give them space, and stay inside, and go outside, and use technology to connect with teachers and friends, and limit screen time.

There is nothing wrong with staying informed and trying to do our best. But when we become overly attached to our beliefs and opinions, our rigid grasp of them can stop us from examining the possibility that we might be wrong. This increases the suffering of others whom we judge, scold and humiliate, often publicly. Especially now, as the world quiets and slows down, an unkind word from you can ring in someone’s ears for days–and, contrary to what some of us think, shaming is not an effective strategy for incentivizing people to change their behavior. Moreover, scolding increases our own suffering, because feeling full to the brim with the fire and brimstone of self righteousness provokes upheaval and preoccupations that exacerbate our already turbulent internal experiences of this crisis.

Friends, we are not Bad People (TM) for doing this. The last thing I want to do is scold you for scolding others–that just compounds the problem! It is understandable and human for the inchoate fear and confusion that we feel these days to incessantly look for a “hook” to hang to. Tibetan Buddhists talk about this as shenpa. Pema Chödrön, with her usual crystalline quality, offers a description of this quality of being “hooked”:

At the subtlest level, we feel a tightening, a tensing, a sense of closing down. Then we feel a sense of withdrawing, not wanting to be where we are. That’s the hooked quality. That tight feeling has the power to hook us into self-denigration, blame, anger, jealousy and other emotions which lead to words and actions that end up poisoning us.

Remember the fairy tale in which toads hop out of the princess’s mouth whenever she starts to say mean words? That’s how being hooked can feel. Yet we don’t stop—we can’t stop—because we’re in the habit of associating whatever we’re doing with relief from our own discomfort. This is the shenpa syndrome. The word “attachment” doesn’t quite translate what’s happening. It’s a quality of experience that’s not easy to describe but which everyone knows well. Shenpa is usually involuntary and it gets right to the root of why we suffer.

One way to work with rigidly held beliefs is to create a quiet, safe space for yourself to investigate and question them with curiosity and kindness. I find that Byron Katie’s The Work, and especially her Judge Thy Neighbor Worksheet, can be helpful here. I confess to having some ambivalence about the way Katie works with people at her seminars, especially after having seen some videos; the spectacle is not tempered with enough compassion for my taste, and I also worry that shaming people publicly for rigidly held beliefs replicates and compounds the judgment embroiled in their own beliefs. But as a tool of personal exploration, it can be a useful way to soften your grip around what you strongly believe is “right”, consider the possibility that there is a broader context, and play with some turnarounds to learn more about yourself and others.

As I understand it, engaging in this kind of exploration is not intended to numb you to the ills of racism, social inequality, environmental destruction, or interpersonal cruelty. Accepting that something is as it is is not tantamount to burying our head in the sand and pretending that everything is fine. It does, however, offer you an opportunity to view your adversaries in a new light. Joanna Macy’s Work That Reconnects, which is infused with tireless advocacy for environmental justice, includes a fantastic exercise called Bowing to my Adversaries:

You, who destroy the natural world for profit, you show me how much I respect and honor our planet home and fellow beings. So I bow to you in gratitude and touch the Earth.

You bring forth in me the love I feel for this life-bearing land—its soil, air and waters—and for the community that rises in its defense.  Because of the strength with which I resist your actions, I learn how strong my love really is. I bow to you in gratitude and touch the Earth.

Because the pain I feel when I witness the pain of the world is no less than your pain–you, who perpetuate destruction and cut yourselves off from the web of life—I bow to you in compassion and touch the Earth.

Because the pain of greed, alienation and fear is no less than the pain of sorrow for what is lost, I bow to you in compassion and touch the Earth.

For the power of my anger, arising from my passion for justice, I bow to you in gratitude and touch the Earth.

Because we all want to be happy, to feel intact and part of a single whole, for that shared longing, I bow to you in compassion and touch the Earth.

Because your actions challenge me to see the limits to my own understanding, they free me from holding my view as the only correct one.  I bow to you in gratitude and touch the Earth.

You who teach me that the mind is a miracle, capable of manifesting as love, as greed, as fear, as clarity or delusion—you who show me what I myself am capable of when I am governed by fear and greed—O great awesome teachers, I bow to you in gratitude and touch the Earth.

Understanding that we all belong to the web of life, and with love in my heart, I bow to you and touch the Earth.

Give yourself the gift of letting go of the blame game; drop your case and invite in some fresh air and a broader perspective. It can bring new freedom into how you are in your own being and in the world. Take a moment to tenderly, kindly, question your rigidly-held beliefs, and reap the rewards of spacious awareness in your mind. Real courage lies in starting the revolution within ourselves.

Motivation Without Grades: An Open Letter to my Students

Growing up, one of my favorite books was Robert Pirsig’s Zen and the Art of Motorcycle Maintenance. It’s everything you want in a 1970 philosophy/spirituality diatribe. The book is a fictionalized autobiography of a 17-day motorcycle trip Pirsig made with his son Chris and, for part of the way, with friends. The journey experiences are interspersed with stories about the past of the protagonist, Phaedrus, whose relentless inquiry into the nature of Quality end up driving him insane. Phaedrus’ story reveals this inner journey, his descent into madness, and his destructive experience with electroconvulsive therapy (like Pirsig himself). Eventually, Phaedrus regains his personality and reclaims his close relationship with his son.

I don’t love the book now as much as I did back then; the main character is difficult to like, the classicism-over-emotions conclusion does not align with my values, and a lot of the stuff rings more pretentious to me now that I’m less impressionable than I was in my teens. But there is one fantastic gem in the book that I want to tell you about.

A starting point for Phaedrus’ journey has to do with his job. A professor at a small college, he tries to motivate his students to write well, but finds himself dismayed with the quality of their essays. He concludes:

Schools teach you to imitate. If you don’t imitate what the teacher wants you get a bad grade. Here, in college, it was more sophisticated, of course; you were supposed to imitate the teacher in such a way as to convince the teacher you were not imitating, but taking the essence of the instruction and going ahead with it on your own. That got you A’s. Originality on the other hand could get you anything…from A to F. The whole grading system cautioned against it.
He discussed this with a professor of psychology who lived next door to him, an extremely imaginative teacher, who said, “Right. Eliminate the whole degree-and-grading system and then you’ll get real education.”

Phaedrus ends up inviting a student to write an essay about what it would be like to study without grades. After thinking about it, she becomes a convert to the cause, but her classmates remain skeptical:

Phædrus’ argument for the abolition of the degree-and- grading system produced a nonplussed or negative reaction in all but a few students at first, since it seemed, on first judgment, to destroy the whole University system. One student laid it wide open when she said with complete candor, “Of course you can’t eliminate the degree and grading system. After all, that’s what we’re here for.”
She spoke the complete truth. The idea that the majority of students attend a university for an education independent of the degree and grades is a little hypocrisy everyone is happier not to expose. Occasionally some students do arrive for an education but rote and the mechanical nature of the institution soon converts them to a less idealistic attitude.

Intrigued, Phaedrus runs an experiment: he simply stops giving his students grades. Here’s how the experiment goes:

[A]t first almost everyone was sort of nonplussed. The majority probably figured they were stuck with some idealist who thought removal of grades would make them happier and thus work harder, when it was obvious that without grades everyone would just loaf. Many of the students with A records in previous quarters were contemptuous and angry at first, but because of their acquired self-discipline went ahead and did the work anyway. The B students and high-C students missed some of the early assignments or turned in sloppy work. Many of the low-C and D students didn’t even show up for class. At this time another teacher asked him what he was going to do about this lack of response.
“Outwait them,” he said.
His lack of harshness puzzled the students at first, then made them suspicious. Some began to ask sarcastic questions. These received soft answers and the lectures and speeches proceeded as usual, except with no grades.
Then a hoped-for phenomenon began. During the third or fourth week some of the A students began to get nervous and started to turn in superb work and hang around after class with questions that fished for some indication as to how they were doing. The B and high-C students began to notice this and work a little and bring up the quality of their papers to a more usual level. The low C, D and future F’s began to show up for class just to see what was going on.
After midquarter an even more hoped-for phenomenon took place. The Arated students lost their nervousness and became active participants in everything that went on with a friendliness that was uncommon in a gradegetting class. At this point the B and C students were in a panic, and turned in stuff that looked as though they’d spent hours of painstaking work on it. The D’s and F’s turned in satisfactory assignments.
In the final weeks of the quarter, a time when normally everyone knows what his grade will be and just sits back half asleep, Phædrus was getting a kind of class participation that made other teachers take notice. The B’s and C’s had joined the A’s in friendly free-for-all discussion that made the class seem like a successful party. Only the D’s and F’s sat frozen in their chairs, in a complete internal panic.
The phenomenon of relaxation and friendliness was explained later by a couple of students who told him, “A lot of us got together outside of class to try to figure out how to beat this system. Everyone decided the best way was just to figure you were going to fail and then go ahead and do what you could anyway. Then you start to relax. Otherwise you go out of your mind!”
The students added that once you got used to it it wasn’t so bad, you were more interested in the subject matter, but repeated that it wasn’t easy to get used to.

Robert J. Pirsig, Zen and the Art of Motorcycle Maintenance (1974.)

I’ll leave it to you to read the book and find out what happened next.

The reason I was reminded of these captivating passages: Today I recorded the review session lecture for my criminal procedure students, who are taking my exam early next week. Under our College’s pandemic grading policy, everyone will receive a credit/no-credit grade for their efforts.

When we voted on this policy, there were many opinions among the faculty and the students about which grading system would accomplish the most in terms of fairness, compassion, and support of our students’ success. Excellent arguments were made on all sides in good faith. And now I’m running a twisted version of Phaedrus’ experiment, with my previous cohorts as my control group. I say “twisted” because this isn’t an experiment, or a game: we are facing extremely unusual circumstances. Financial, medical and psychological factors impact our students in a variety of ways, weighing heavier against students who come to us from less social/financial advantage to begin with. I am committed to reading all the exams with great attention, and I think they have much to teach me, but because there are so many unknown factors, I’m going to take the outcomes with more than a grain of salt.

But I do have a message to students–not just my students, but anyone who finds themselves toiling this final exam season without the usual external motivator of getting good grades. Even though writing a good exam (which I will read) and doing well on the course can eventually pay off in the world of external rewards in the form of, say, a recommendation letter to a future employer, you have been given a much bigger gift.

The only person you have to impress is yourself.

You have three hours to impress yourself with how much you’ve learned this semester, with your knowledge of the doctrine, with your analytical skills, with your creativity, with your penchant for problem-solving, with your organizational skills. Amidst the fear and anger and grief, there will be a bubble of freedom from assessment, in which you can grow and thrive–just for the pleasure of witnessing your own accomplishment. You have been gifted an interesting and challenging puzzle to work at quietly, on your own, without anyone critiquing you or breathing down your neck. You have been gifted the thrill of quietly marveling, without an audience, at your own mastery. You have been gifted the opportunity to shine unseen, where your spark is its own reward, in a time and space free of expectations.

I know some of you are facing very real difficulties this exam season: even having a quiet spot to take an exam with working Internet is not a given. And I also know that it is extremely emotionally hard to take on projects, and that it can feel like a huge presumption to tell you that a scary, negative experience is a gift. Only you know what it means *for you* to excel, or to rise to the occasion, given what is on your plate in this scary time. But to the extent that you have control over your circumstances and surroundings, and to the extent that your emotional bandwidth allows, ask yourself: Do you want a grade and a degree, or real education?

It’s completely up to you. No judgment from me or from anyone else.

What will you do with this gift?

Tribalism and the Comparing Mind

A Jewish folk story I know goes like this:

A farmer lives in a house with his wife and children and the grandparents, and it is so noisy that he thinks he will go crazy. He goes to the Rabbi for advice. The Rabbi says, “bring your goat into the house.” The farmer says, “but that’ll just make everything worse!” The Rabbi says, “do as I say.” The farmer, skeptical but trusting the Rabbi’s wisdom, brings the goat in. A week later, the man returns to the Rabbi, who asks him, “how’s it going?” The man says, “it’s so much worse! We are so crowded and the goat is pooping everywhere and eating our food!” The Rabbi nods and says, “now, take the goat out of the house.”

Upon hearing that the beach closures will only cover Orange County–the specific beaches where overcrowding and noncompliance were visible on the weekend–I felt very relieved and happy despite not having actually gained or lost anything. It occurs to me that this is a great illustration of Kahneman and Tversky’s work on the entitlement effect.

The entire emotional rollercoaster was a fascinating study in comparisons and tribalism. When we were threatened with the closures, I felt anger toward local government (“how can they take this away from my child?!”), at the Orange County beachgoers (“this is why we can’t have nice things!”) at friends who disagreed with me; in short, at “others”, a-la Sartre’s “Hell is other people.”

Our powerful teacher, COVID-19, has given us plenty of opportunity to develop and espouse strong opinions about other people: how they are handling the pandemic, how their situation compares to ours… in other words, a lot of dividing the world into “us” and “them.” Kanheman and Tversky’s work is so helpful for understanding the formation of these aggressively negative opinions. Cognitive bias conditions us to notice and retain evidence that’s consistent with our views. And we tend to not notice or reject evidence that doesn’t support our views (e.g., we are disgusted with one racist post, deduce that “Nextdoor is full of racists,” and ignore the dozens of kind, helpful posts.)   Attribution error makes us explain people’s behavior in different ways based on whether or not we like them: If it is an enemy of ours, and they do something good, then we attribute it to circumstances, the situation. When they do bad things, we attribute their behavior to their disposition. With friends, it is the other way around (e.g., a friend is well prepared and provides for their family by shopping extensively; a stranger, or someone I dislike, is a selfish hoarder.)  Harvard ethicist Herbert Kelman writes: “Attribution mechanisms . . . promote confirmation of the original enemy image. Hostile actions by the enemy are attributed dispositionally, and thus provide further evidence of the enemy’s inherently aggressive, implacable character. Conciliatory actions are explained away as reactions to situational forces—as tactical maneuvers, responses to external pressure, or temporary adjustments to a position of weakness—and therefore require no revision of the original image.”  

Theologist Robert Wright, who has looked at the connection of Buddhism and modern psychology, observes that a big part of the formation of essence involves feelings. There is a lot of evidence now in psychology that when we look at any person, we react to some extent at the level of feeling, and then that shapes the way we behave towards that person With people, feeling is so critical to perception that the very identification of people depends on feelings in ways more subtle than we are normally aware of.

Feelings are at the core of the comparing mind. Leon Festinger posits that we compare ourselves to people we perceive to be worse than we are (less moral, less good, less worthy) to increase our self esteem. Much of the debate over compliance and social distancing policy divides people into camps: Who has it easier? People with kids? People sheltering alone without kids? People sheltering with someone they don’t get along with? Does the age of the kids matter?

If your comparing mind is in overdrive–mine sure has been, and I’m seeing a lot of evidence around me that it’s not just me–start by having some compassion for yourself. Comparing is part of the human experience. Second, the inchoate fear and anger in your mind will invariably look to hook onto something concrete. It may or may not be a righteous coat hanger. But it is a coat hanger, and we have to see it in order to sit with it.  

How to address the comparing mind:

Byron Katie’s work, which I have a complicated reaction to, involves examining limiting thoughts. You can use her Judge Thy Neighbor worksheet to examine rigidly held opinions about others.
Using practices of self compassion and compassion for others, such as Krisin Neff’s exercises, can also be very helpful, as can this wonderful exercise from Rick Hanson called “drop your case.”
In general, anything that frees your mind from a zero-sum-game is going to be a healthy way to look at things. Resources may be finite, but joy and kindness are not (and neither is suffering)–so focus on that.

Closing State Beaches and the Problem of Noncompliance

When I heard late last night of Gov. Newsom’s decision to close California beaches because of crowds, I was devastated. I observed my thought pattern immediately cycle through the first three of Elizabeth Kübler-Ross’s five stages of grief: denial (“I can’t believe this. It can’t be happening. Surely this won’t happen”), anger (at the Governor, at the mayor, at the lawmakers, at the folks congregating in five SoCal beaches – “you are why we can’t have nice things!”) and depression (“what am I going to do? How will we get through this month?”). This morning I progressed to the bargaining stage (“wait, he said state beaches, right? So SF beaches, which are run by the city, are exempt, right?”) and I might find some acceptance later this afternoon.

In short, my inchoate fear, sadness, and uncertainty, finally found an appropriate coathanger to hook itself to, and I was in emotional turmoil throughout the night.

Now that the emotional storm has passed, I’m thinking a bit about what park and beach closure policies have to teach us about the punitive and cooperative aspects of making public policy. Oftentimes when prohibitive legislation is considered on any topic, ranging from speed laws to tax policy, people forget that any policy brings with it some level of noncompliance. A classic article by Fred Coombs provides a typology of reasons for noncompliance: “(1) lapses or ambiguities in communication; (2) insufficient resources; (3) an objection to the policy itself (i.e., its goals or its assumptions); (4) distaste for the action required; or (5) doubts about the authority upon which the policy is based, or that authority’s agents.”

Looking particularly at (3) and (4), which are different facets of how much one agrees with the policy decision and how much one is inconvenienced by them, reminded me of Tom Tyler’s classic work Why People Obey the Law. Moving away from the “instrumental” explanations (“people obey if there’s something in it for them”), Tyler focuses on normative ones, which are concerned with–

the influence of what people regard as just and moral as opposed to what is in their self-interest. It also examines the connection between normative commitment to legal authorities and law-abiding behavior.
If people view compliance with the law as appropriate because of their attitudes about how they should behave, they will voluntarily assume the obligation to follow legal rules. They will feel personally committed to obeying the law,
irrespective of whether they risk punishment for breaking the law. This normative commitment can involve personal morality or legitimacy. Normative commitment through personal morality means obeying a law because one feels the law is just; normative commitment through legitimacy means obeying a law because one feels that the authority enforcing the law has the right to dictate behavior.
According to a normative perspective, people who respond to the moral appropriateness of different laws may (for example) use drugs or engage in illegal sexual practices, feeling that these crimes are not immoral, but at the same time will refrain from stealing. Similarly, if they regard legal authorities as more legitimate, they are less likely to break any laws, for they will believe that they ought to follow all of them, regardless of the potential for punishment. On the other hand, people who make instrumental decisions about complying with various laws will have their degree of compliance dictated by their estimate of the likelihood that they will be punished if they do not comply. They may exceed the speed limit, thinking that the likelihood of being caught for speeding is low, but not rob a bank, thinking that the likelihood of being caught is higher.

Tom Tyler, Why People Obey the Law, pp. 3-4

Tyler thinks that that fostering compliance from a normative place works better because it requires less enforcement and it fosters more care for people’s values and motivations. He coins the concept “procedural justice” to argue that, when people think a decision has been made fairly–even if it disadvantages them personally–and they have been treated respectfully, they are more likely to comply.

It is inevitable that not all citizens will share the same normative values or the same level of legitimacy in government. While most of us understand the need for extreme social distancing measures to save lives, some of us simply do not believe the facts the government cites as a basis for its decisions. We might think the government is ignorant, or we might think it is deliberately misleading us because of ulterior motives. We might think the government has good intentions, but is missing the mark with the policies. Or, we might simply find the new requirements unbearable.

Looking at my own reaction to the order, it was guided by similar questions. Is it true that there’s noncompliance? Yes, we have evidence of it in SoCal. Is it widespread? No, by the Governor’s own admission: “About 100 beaches, easily defined 100 beaches, and there were five where we had some particular challenges. Overwhelming majority there were no major issues. Quite frankly no issues,” he said. Is the reaction disproportionate to the threat? That’s a matter of perspective. Look at these concerns from local government officials:

California State Assemblymember Melissa Melendez fired back at Newsom’s decision on Twitter, stating “This is not going to end well. Californians are not children you can ground when they don’t ‘behave’ the way you want.”

Orange County Board of Supervisors member Donald Wagner on Wednesday acknowledged the governor’s ability to close the county’s beaches, but said “it is not wise to do so.”

“Medical professionals tell us the importance of fresh air and sunlight in fighting infectious diseases, including mental health benefits,” Wagner wrote.

“Moreover, Orange County citizens have been cooperative with California state and county restrictions thus far. I fear that this overreaction from the state will undermine that cooperative attitude and our collective efforts to fight the disease, based on the best available medical information.”

All the noncompliance factors are there: an emotional insult at not being respected enough to follow the rules out of our own volition, doubts about the values behind the approach (punitivism vs. fresh air), concerns that suppressing people too much will backfire and yield more noncompliance. Right out of the Coombs and Tyler playbooks.

The big question is: What, ultimately, will produce more compliance? Do we get more cooperation if we relax the order, counting on people’s common sense (and accepting that some will not display such common sense), or if we impose the order, counting on people’s agreement in principle? My gut tells me that, in the short term, enforcement stuff might be better, but in the long term, people’s sense of legitimacy and compliance will wear off, and we might see worse behaviors all across the state than the ones we saw on the beach. The problem is that levels of compliance are very tricky to model. They depend on demographics, political views, and other factors, which are changing daily, and would make this very difficult to predict even for compliance experts.

Ultimately, I think my personal reaction to this has been a great teacher. It opened some unexpected compassion gates: I managed to find within my soul more than a modicum of empathy for the feelings of Huntington Beach protesters, Spring Break revelers, and anti-vax conspiracy theorists. Don’t get me wrong: I have deep ideological disagreements with all these three groups and a much higher belief in the legitimacy of our local government (let’s talk about Trump some other day, shall we?). But what we share is the deep sense of emotional injury by a curtailment of a freedom we treasure. That’s something I can understand and sit with emotionally even as I ideologically disagree. In our case, my family treasures nature and water, and my son thrives during these difficult times because he has the world’s biggest sensory box to play and learn in. I very much hope our local government will not take this away from him.

Socially distant boy having a blast on a San Francisco beach

Pandemic Passover: Our Virtual Seder Table

The Torah spoke of four sons: one wise, one wicked, one simple, and one who does not know how to ask. Each of these sons calls for a different approach in the telling of the Exodus story. This year, as I made preparations for co-hosting (with my colleague and friend Dorit Reiss) our first-ever Zoom seder for dozens of participants, I wondered which son I was.

The wise son would deeply ponder the minutiae and symbolism of the Passover rituals. As the wise son, I reflected on the meaning of a holiday about overcoming slavery, rediscovering freedom, a rather hefty dosage of retribution, and delaying gratification, amidst the shelter-in-place order. The holiday took on a new meaning, as my definitions of slavery, freedom, and the promised land have been shaped by current events. Mostly, I have been thinking about the meaning of freedom in the context of prisons and COVID-19 health risks within them, and recommitting to the fight to save as many people as possible, both behind bars and on the outside.

The wicked son excludes himself from the celebration. I don’t see this as “wicked,” necessarily, but rather as the comparing mind. “Sure, you celebrate all you want; you don’t have little kids;” “Sure, you have it easy, your kids are small, mine have to do homework.” “Sure, knock yourself out and watch Netflix, child-free person.” “Sure, enjoy your family happiness while I rot here in solitude.” The comparing mind alienates and isolates us from our friends and neighbors. Let’s drop all that and remember that there is no “other.”

The simple son asks, “what’s this all about?” I had to go back to basics in creating a virtual PowerPoint haggadah for us to use during the ceremony–remembering old passages, enjoying the familiar turns-of-phrase even before engaging with the deeper meanings.

The son who does not know what to ask is silent. But in my case, the silence was an industrious one and full of preparations.

What’s on our happy Oaxaca-inspired seder plate? Celery, hot sauce pickles (in lieu of horseradish), haroset balls (combining any dried fruit and nuts at home with a grated apple in a food processor and making balls, then rolling them in coconut), and the classic tofu eggless salad in lieu of the egg. And the orange, you ask? Here’s the story. As we’ve been co-leading the Seder as two women for about twenty years–Dorit emceeing and I putting together the music–I think an orange more than belongs on our seder plate!