Tag Archives: equality before the law

6 Questions for the Social Academic Disciplines after the US Election

Its been a tough time for practitioners of what I’ll call the Social Arts & Sciences, and for analysts  of political affairs. For example, reputable pollsters were totally wrong in predicting the election of 2016, pretty much destroying any confidence in the utility of analytical methods like survey research. Of course, most consumers of polling data can’t be expected to know the difference between the use and interpretation of quantitative data for research, and the kinds of reckless extrapolation that posed as expert and authoritative analysis leading up to the election.  So, it seems that social scientists have some tasks to do. As a community of thinkers and teachers about social affairs, the Social Arts & Sciences have a unique set of tools for understanding world events that can shed light on important questions. Like any tool, the value of analytical methods is only as good as the use they are put to.

Illuminating who we are as social beings, and why we do what we do, can bring improvements to our shared experience by enabling changes in social behaviour through learning, but only if done carefully and deliberately, and with a great deal of humility and caution.  I’d suggest these following lines of inquiry, but what I can’t do is help sounding like a stuffy, elitist, out of touch intellectal to some.  This is an occupational hazard, but one I’ll have to live with. Sorry about that. Here are some lines of inquiry suggested by recent events:

1. Political Science

Ok this one’s mine.  Please, political scientists, explain clearly the difference between democracy and liberal democracy.  Liberal democracy is a paradox, since the rule of law and constitutional protection of human rights necessarily limits democratic rule. Another way to think about it is that minority protections make democracy possible by ensuring that the people do not abuse their power, and in the process, potentially vote themselves out of power.  Law needs democracy and democracy needs law. They are inextricably bound together.  The rights of minorities are integral to the maintenance of democracy, not an add-on that can be jettisoned in the name of the majority or for the sake of convenience. Protecting minority rights is what enables democracy to function, and to sustain itself. Compromising minority rights inevitably compromises democracy itself.  Protecting minority rights protects everyone.

While we’re at it, please explain what polls actually measure, what they don’t measure, and what their limitations are (and I don’t mean margin of error). Everyone: (yes that means you)…I’m sorry, but you have to take statistics.  We all did it, so you have to too. There.

I’m throwing questions about the Electoral College to the historians.  It makes no sense.

A bonus suggestion for Philosophy:  help everyone understand paradoxes better.

2. Gender and Womens’ Studies

I would like to understand better the dynamics of ‘alpha male’ social behaviour.  I don’t even know if that’s a thing, but it kind of looks like what we’ve been observing. If I’m wrong, can you please school me in another way of understanding why so many thinking, otherwise respectful people (men and women both) willfully compromise themselves and their values when faced with powerful but flawed male figures?  An extra job for sociologists: help us truly understand the centrality of identity to pretty much everything.

3. Psychology

Following the 2008 economic crisis, a new subfield of Economic Psychology flourished to help explain why otherwise rational actors made irrational decisions, even against their own interest, and under what circumstances.  I think we need more of that.  Can psychology help us understand  more about the dynamics of voter decision making,  the processes of skapegoating, and the emergence of in-group and out-group division?  What is the role of emotion as a motivation for decision making?   We know that strong emotion can interfere with rational decision making,  but how might this dynamic work at a community level?

4. History

Please keep telling analogous stories from the past to help give context to the problems of the day.  Each generation still generates its own version of problems and solutions, but if people saw their issues as common and not unique, they might be better able to think creatively about how to apply the wisdom of the past to the present.  Also, please focus as well on the peaceful, constructive periods of history where nothing much happened.   The boring bits are what we can learn from.   As well, can you please help us understand better what happens during times of accelerating and rapid change so societies can learn to be more adaptive?  I have a feeling we’re going to need that.

5. Communications

Ok so you’ve got lots of work ahead…..propaganda has gone viral, driven not by large organizations but by individual users.  Consumers are now transmitters.  Conversations are immediate and global.  Has the speed of communication outpaced democracy?   Please talk to the psychologists about the effects of this on thinking, can we know more about how our social lives and worlds create our  reality?

6. Artists and Writers

Please keep reminding us what it’s like to be someone else.  Touch our hearts with stories of people and places different from our own experiences, so that we can develop empathy and awareness, even for a minute.  Teach the teachers how to convey this effectively. Educate all of the social scientists about the importance of empathy to learning and growing and advancing knowledge about the world and ourselves.  Ultimately, this is the only way humans truly learn.

The True Meaning of Differentiated Citizenship

090913_0254_TheTrueMean1.pngSometimes the language that we use as political scientists is regrettable in its implications. For example, the definition of ‘differentiated citizenship’ according to a leading introductory text to Canadian politics reads as follows: “The granting of special group-based legal or constitutional rights to national minorities and ethnic groups” (Mintz, Tossutti and Dunn 89). While accurate, the use of the term ‘special’ has many unintended implications. Who is ‘special’ and who is entitled to ‘different’ treatment by government?
For one thing, to say that a group or individual receives ‘special’ treatment is to imply that every other group is not special. Or, to put it another way, it is to imply that a group is singled out from the otherwise equal treatment that they might be entitled to receive by virtue of being equal members of the community. It assumes that the community at large includes other groups which may be equally entitled to special treatment were it not for the unique qualities which set the ‘special’ group apart. Equality before the law is both an operational concept and an aspirational standard.Using the term ‘special’ to describe a group singled out for differentiated treatment suggests that everyone else is already treated equally under the law, that equal legal treatment is in fact a reality, and not also an aspiration yet to be achieved. Under the assumption of equality, special treatment is, by definition, discriminatory. Discriminatory treatment technically only means the same as ‘special’ treatment, except for the fact that it implies a harmful result for the group being singled out. When the result of special treatment is discrimination, it is rightfully condemned. Discrimination on the basis of race, gender or ethnicity, for example, is condemned in a democracy not primarily because it constitutes special or differential treatment, but rather because of the negative effects of the judgments that tend to be made, most often based on involuntary or ascribed characteristics. The response to ‘special treatment’ is to question the basis for unequal treatment rather than to condemn all forms of harmful discrimination. Why the knee-jerk reaction to ‘special treatment’? After all, governments identify groups for a variety of special programs and services all the time. Groups are defined by age, income levels, geography, occupation, health status, and marital status. Many of these categories are based on involuntary characteristics, or at least, characteristics that are extremely difficult to change. Northerners or people who live in rural areas are entitled to unique job training or assistance for moving expenses. Fishers in the Maritimes are treated distinctly from other occupations with respect to qualification for EI benefits, young people are targeted for special job training and employment programs, and government services like healthcare are often offered in languages other than the two official languages.
090913_0254_TheTrueMean2.jpgIn truth, as discussed in the last two blog posts, equal treatment is as elusive as the abstraction of ‘equality’ itself. One is tempted sometimes to ‘test’ equality by imagining a ‘reverse onus’. In other words, we might try to test the extent of equality by asking ourselves how a given situation might be if the positions were reversed. If a black woman and a white woman are ranked equally on a college entrance application, then ‘all else being equal’, the chances of success should be equally distributed (50/50). If this is indeed true, then the white woman and black woman are being equally treated. In reality, we can more effectively test the presumption of equality by looking at outcomes. If an equal chance of success really does exist, then the number of black successful women should be roughly proportional to the number of black women in the population as a whole, and the same with the number of white women. Success is clearly not distributed proportionally among these racial groups. Because the outcomes do not support the idea that such equal treatment exists, it is unfair to apply the ‘reverse racism’ test. Treatment that might be appropriate for one group would not be appropriate for the privileged group. The two situations are not comparable. Discrimination can still be shown to exist, as the story of Yolanda Spivey reveals. Spivey, a black woman, reportedly modified her online job profile to appear ‘white’, changing her name and racial identification, but keeping all of her other information the same, including qualifications,

experience, and work history. She received many more employment enquiries as a white woman than as a black woman. The experiences of black and white people are not comparable, and so these groups should not be considered as if they were treated equally. Of course, more study and data is needed to determine the extent, nature, and form of discrimination in society. Nevertheless, differential treatment, and even differentiated citizenship, is justifiable in order to move toward equality of opportunity for all. Until equality can be demonstrated in outcomes, it should be seen as an aspirational goal, and not assumed to be already in place.