Sunday, November 1, 2009

New Tort. Failure to Pursue. The Abandoned Hot Pursuit: Legacy of Minefields.

Original Ditherers Undo Us All
A New Tort
Legacy of Minefields

1.  The scene.  Opportunity lost. The consequences of delay at the crucial beginning of an episode. Dithering at the outset, and not following through. That can set the stage for failure when it counts. Where to steer blame for that later failure, or heightened difficulty, when later efforts to recoup are hamstrung?  Aim for those who set it up as a fail to begin with, who abandoned when action was needed. Those trying to rectify later  may well lose -- see the Nick Anderson cartoon with Cheney looking down the pit at Obama - "Stop dithering in that hole we dug for you," at www.theweek.com/cartoons/.

Cartoon or not, the issue of hot pursuit underlies anyone's inability to act decisively and fast with good results later.

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How can governments petri-dish so many lawyers, yet our most basic legal principles guide noone. Is that so?  And the principles of hot pursuit should have been at the forefront of any analysis. See ://legal-dictionary.thefreedictionary.com/Hot+Pursuit/  Think of the time gone by, says the song.

2.  Tort time. Failure to Pursue. Shall we call it a new, criminally negligent cause of action, a tort, for which a government and its movers in or out of power should have no immunity.  Is that our next legislative step? Feasible, or just figurative. Perhaps failure to pursue should be a bar to later criticism of how others handle what was left undone. Criminal negligence. Too extreme? Why?

New tort. Applicable to issues now faced (legacied) to President Barack Obama, Secretary of State Hillary Clinton, and cabinets and staff.

3.  Seeing the issue.  Examples of hot pursuit in action:
  • in foreign policy, when a legitimate and timely pursuit justifies extreme measures; think Pakistan and our drones years later; or Afghanistan, years later when circumstances have piled against an efficient resolution; or 
  • in regulation of financial misdeeds; due diligence, immediate consequence; or
  • in ordinary police work when the cops are allowed to chase the robbers into their own homes after the heist; the temperature of the pursuit is critical. Act now before the evidence is flushed. 
  • in dog-steering - consider it and make your point when the bad deed is fresh
  • in child-rearing - consider it and same thing
  • back to foreign policy - how to justify drones at this stage, how are the regular people on the ground supposed to connect that killing with anything that has to do with them. Are we surprised that we are unpopular and win no hearts and minds now?  Whose tort, pray tell.
4.  The consequence.  Wait too long to go after them, and you may find that the way is blocked:  by the civilized requirements of procedure, as balancing of rights of others takes over, as it should.  Or the damage is done, and evidence gone.  Or, the targeted one may not even make the connection by then. Okay if done now. Later?  Not so much.  Hot pursuit. A sensible concept.
 .
Hot pursuit is one way of justifying intrusions.  Another is extenuating circumstances. Emergency.

Suspension of rights is not forever. Other rights regain their strength.

Hot pursuit.  Rules of engagement. See the simplistic free dictionary site again. In hot pursuit, cops don't need warrants.  The Fourth Amendment gives us protection in our homes, for ourselves, and our property.  Not in hot pursuit. Those can be suspended. Keep it simple:  go here://legal-dictionary.thefreedictionary.com/Fourth+Amendment

Can it be second-guessed? Yes.  But can the protections of the hot pursuit and exigent circumstances justification work after time has passed? Not easily.

Hold governments accountable for the even criminal negligence, perhaps, of failure to pursue. Failure to pursue.  Actionable?  Make it so.

Wednesday, October 7, 2009

Mauthausen. Or Matthausen. First, Polarize. Then Demonize. Look Where It Led.

Matthausen.  Or Mauthausen.  Translations vary. We are looking now at the extreme results of polarizing in a society. And the demonizing that follows. And what can come after.
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Go back to WWII for a start, a reminder.  The most moving of Europe's concentration camps is Mauthausen. It was also possibly the worst in terms of atrocity; and - ironically - is among the least known. Find it near Linz, Austria. It will not be easy either to find, or to stomach. Signs to it are in initials - KC, or KZ, not the full name, for concentration camp. Easy to pass by. Then you get there.


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Mauthausen is still in process.  Ideas are not completely implemented, there is construction and repair work ongoing, and ambiguities in structures are not all fully explained, especially for English-speakers, leaving room for imagination.  Good.
.
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It is still being constructed-reconstructed. Even hesitantly, reluctantly - and that is understandable. After all this time, still not open and fully running.

Time passing may blunt the impact of any of the camps, especially those on mainstream tourist tracks. Auschwitz, Dachau, Buchenwald, they are and have to be conscious places, museums carefully constructed to show this or that aspect of the horror.  Outlines of structures. Tourist centers and buses, and those will  come here as well.

Why, despite the exposure and documentation from Nuremberg to Jerusalem to the individual sites, do too many choose not to see. Go see. For an overview, see ://www.jewishgen.org/ForgottenCamps/Camps/MauthausenEng.html/
 .
Yet, being off the usual routes also protected it.  There remain many actual rooms, the actual equipment, rusted but there, it is possible to take time, choose which way to go next without arrows and packs of guided people.


Countries were invited and did set up individual memorials.  They are highly individualized for some countries, with actual portraits, names, a wall of faces, tokens. Some institutions are overwhelming in laying out what happened.  See ://www.holocaust.co.il/  Mauthausen is people. There's someone who looks like Uncle Harry. He was an accountant, see? It says right here. And this one was a whatever. People.


Not all rooms offer English explanations,  but the concept is clear.
.

Extremes. But recurrent. Always in reach.  How to teach and learn. The Fodder idea - a casual way of referencing exploitation, destruction of the big and little things that make us whole, removal of human rights. Maybe too casual, given the impact.  Some forms are so usual that they get accepted as the "is." The poor will always be with us, etc. Other forms frighten, especially by their origins with regular people gone amok, and should. Who can go so amok. We can. And did. And will again?

Fruits of polarizing.  Demonizing.

Polarizing takes time. There is a range in expressing it. There are the petty irritations caused by polarizing, as seen on TV: adults engaging in boorish behavior that we would not tolerate in our own children; and then there are the deadly outgrowths of it entrenching before our very eyes, if we look.  Is that so? How to learn. When and how does bullying become a cultural  norm; and can the virus be stopped. Does the frog really sit in the warming water until dead?


Sunday, August 16, 2009

Explore Election Finance: If You Can Vote, You Can Give. Humans Only.

Dear Supreme Court:
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Re: Campaign Finance, First Amendment, and Corporations.
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Approach from a different angle.
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Make Qualification to Vote (being Human)
the Qualification to Contribute.
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Period.
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Only humans can vote, only humans can contribute.
Corporations have no standing.
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Campaign finance laws are again at the fore. Who can contribute, and how much. Corporations as "legal persons" want in. Here come the robots wanting a place at the table. What would Lincoln, the simplifier, do?


1. Why not reframe and simplify the issue.

Provide that only those who are qualified to vote can contribute to campaigns. Period. New rule.

Only human people can vote:  not "legal persons" (corporations) who have no need to breathe, for healthcare, for shelter, for clothing, for transportation to employment, for food (except cash), for education. They just have a want - for profit.

Humans, therefore, who have those needs, and who are therefore qualified to vote, can give all they want from their own war-chests. Children also are human. Let them participate. Needs now, vote later. Still qualified.
  • Named individuals, not "corporations." This builds in helpful accountability, and transparency about where the money is coming from, what interests are revved up, while preserving each qualified human's first amendment rights. If more money is contributed than the person declared as income, the IRS will be happy to investigate.
  • "Humans". That is what governments and governing is supposed to be about. Humans with needs and feelings, pursuit of happiness in mind. Without that humans-only provision, if corporations can give directly on their own behalf, imagine the tax-fogged dollars to be unleashed for persuasion purposes for their profit only. Off-shore accounts, man your battle stations. A tsunami of propaganda and ads from sources unknown, and opinion churning, all now to displace even more of our endangered fact-challenged ersatz news. Let the entertainment begin and the barbs fly. And get that emotional commitment from the base by the most effective PR techniques, before the information can get out in a neutral way. We have too much of that already.

At least, if vast amounts are to fly, let us see whose individual interest is footing the bill; how much; and since the campaign contribution will not be not tax-deductible, it is from the after-tax income of the contributor.

Money is inherently dangerous, thus requiring strict scrutiny as to its disposition.
    2. Add more.
    • Contributions are gifts for tax purposes. Add that the gift tax laws apply to all campaign contributions. It is a gift, after all. That way, there are limits to the amount that can be gifted, before other consequences are triggered. Fine. The gift must be complete in order to be "contributed" - no loans to self. No loans. No returns. FN 2
    • The gift must be a gift. Add that the donor has to complete the gift, out of his or her power of disposition, complete transfer no strings, no getting it back, as of the election day itself. To be worked out. 
    • Time, place and manner. There are time, place and manner restrictions available to any first amendment issue. Here, the manner of the speech - campaign contribution money - is to be off limits to corporations as a matter of public policy. 
    • The value of gifts (services, things) to campaigns - to be worked out - same as cash? rule it out? Or tax those gifts as gifts. Income to recipient once certain threshhold is passed. What is that now - $12,000? Debate at next Town Hall. Ideas welcome, shouters not. Another "manner" restriction applies there.
    3. Review: Blood in your veins? Human? Pay all you like.

    No blood in your veins? Talk through individuals willing to front you.  The robot's manner of speech shall not be cash, however. What if the CEO pays for an ad personally? Fine.

    Work with us here. We are scheduling Town Halls.  No one source has all the answers.  List what you like and what you don't, state your facts, and we can discuss. Now, that's community organizing.

    We like:  Names names in donor lists, so that other voters can see what is being bought, or seeking to purchase.

    Must there be a limit on what an individual can contribute? So far, we think not. The funds contributed would not be tax deductible, and subject to gift tax, so what is the problem. The person can give to the limit of the annual gift exclusion, of course, without problem.

    Harry X contributes 6 million, that is Harry's decision. Voters see it, and call out loudly, "Vote buying!" And many Americans would see that as unsavory, but legal, and vote their own way.

    4. The case is Citizens United v. Federal Election Commission is scheduled for argument before the Supreme Court on September 9, 2009. See overview at the nonpartisan Democracy 21, at ://www.democracy21.org/index.asp?Type=B_PR&SEC={91FCB139-CC82-4DDD-AE4E-3A81E6427C7F}&DE={4EE9C146-F0EA-4DF7-9D32-33721209523C}/

    The issue has been up before, with different focus points:
    • In 1990, the Supreme Court agreed that a state can bar a corporation from buying ads to support a candidate. The "immense wealth" of the corporation was noted.
    • In 2003, it upheld the McCain Feingold Act banning corporate or union ads that endorse or attack a candidate. Start with background at http://www.brennancenter.org/content/resource/still_awash_in_cash/, an article from NYU's Brennan Center for Justice, Still Awash in Cash.
    Does this get us out of the woods? FN 1

    Work with us on this. We are scheduling Town Meetings. Ask, and we'll talk. No one source has all the answers. If you like something, we'll list it.  If you don't, we'll list it also. We can work with your ideas. That is what community organizers do, and very well.
    ...........................................

    FN 1 "Soto" means grove, forest, in Spanish. See ://genealogy.about.com/library/surnames/s/bl_name-SOTO.htm/ Sotomayor would mean a big forest.

    Somebody, then, who lived near or in such grove. Now, The Bronx comes from the one Jonas Bronck's homestead, past where the Indians forded the river (Fordham), and the Dutch authorities and the Native Americans entered into a treaty for the safety of the area, and we know this area as The Bronx. His nationality is subject to various interpretations, from German to Swedish, to Faroe Islands, see Brian G. Andersson at ://genealogy.about.com/library/surnames/s/bl_name-SOTO.htm/ Melting pot. All this is to show that she can indeed show us through the woods because she is also a melting pot. As are we all. And Greenwich, of course, sets the standard for time. It is time.

    Can she lead us out of the woods on this one? Knock on....

    Gavel. Right to contribute depends on right to vote - Only humans need apply.

    Next case?

    ........................................
    Links: Plank: Standing Requirement; further option - Campaign Contributions by Donor to Campaign of Donor to be Taxed as Gift; Loans by Donor to Campaign of Donor to be Taxed as Gifts

    Thursday, August 6, 2009

    Political Disruptive Behavior Disorder: Chronic Child-like Patterns of Breaking Rules

    Oppositional Behavior -

    Learned Tantrums and Scripts on the Hustings.
    .
    Free Speech, the Constitution, The Tantrumic Adult,
    and those who set them in motion.

    .
    Obstructionism vs. Demonstration

    DSM-IV as to Instigator, and Follower

    .
    Disruptive behavior. The techniques, the reasons. Town halls. Those who dream up how to stop the process. Roll out the tumbrels. Recreate Willie Horton and the preoccupation with one event as though it typifies a sinister whole.

    Disorder. What is politics, and what is exploiting, even creating a mental disorder. We are used to current politics with the old propaganda, the old swiftboating (take one element of something and blow up and twist it until it looks like one of those animal balloon things, and say that is the truth of the element), but now we have it with mob rule at legislator discussions. Thought up, wound up and loosed by industry-political operatives, see that link explored at ://mediamatters.org/mmtv/200908040051. by Rachel Maddow. Later links, many other sources, but the point is not the tactic, but what the behavior says about the behavioror. This is a behavioral disorder, not a mere means of expression.  Seeing it legitimized on TV draws more disorderors to it. Is that so?

    When does disruption cross the line from normal, even useful and expected, behavior in limited situations (stop playing around and get off the tracks now), to a pattern, a bona fide disorder. There is a time and place for any "disruption." Look at context, rationality.  For any instigators, is this just a way to make a buck.  Is there commitment behind it.  For the followers, is this the way to approach community differences. Maybe so.

    .
    Coping with disruptive behavior is part of any parenting. But when does an entire culture have to have parenting.
     .
    Our culture applies the concept of measuring pathological disruption readily to children. Gainsay. How quaint. Time to apply it to adults.

    But who will  bell the destructive cats, and would we get the right ones. Reread a familiar tale about that. See Migratory Patterns of  Cultural Tales: Who Will Bell the Cat - Piers Plowman.  Is it best, as Piers Plowman's wise mouse advised, to let the destructive cats run their course, better to live with it and absorb the damage. Better that, than risk the consequences of a forced stop by new laws. Limiting behavior with new laws sets the stage for limiting our own, and for the law of unintended consequences. See ://www.econlib.org/library/Enc/UnintendedConsequences.html. It's a bet.  Will truth out, and in time. What is whose truth and why. So, no focusing on content; focus on behavior.

    Are we ready to confront on behavior of our peers. When do we open our eyes that we may see, and apply the disruption pathology syndrome to the parents and grandparents, any adults. Did they tolerate it in their kids. Should we tolerate it in them, particularly adults acting out in the political arena in ways that destroy a process - not just against routine rules of home and school. Were they raised so strictly that they are only now finding fun and socializing in rebellion and fostering violence in the less hinged, like gangs. Gang mentality in our seniors, our "mature" adults..

    CHUCKY! NO! NO!

    Enter, Hollywood. Is this getting like Chucky. Child's Play. See ://www.reelfilm.com/chldplay.htm/ All grown up.

    Ordinary (but all pale) looking people, turning (or turned?) ugly and against anyone in their way. Our grandparents, for heaven's sake. If we would not permit children to act this way, why do we tolerate it in their parents and grandparents? Are they responding to emotional lures as though they were children,or does the technique advance democracy's ideals? What is so? Analyze along.
    • At issue here: First, the discussion of the disorder, usually applicable to children. Look up DSM IV Conduct Disorder at ://www.behavenet.com/capsules/disorders/cndctd.htm; and DSM-IV Oppositional Defiant Disorder at http://www.behavenet.com/capsules/disorders/odd.htm/ Diagnostic Statistical Manual.
    • Second, its current spread among adults. Is teaching and fostering this disruption now the mode of non-discourse of choice, for an entire political party. Skip democracy, think they We just might not win for ourselves if other people are allowed to think.
    What got us started: The trigger: We see nightly film and coverage of disruptive behavior by busloads of seniors (it looks like). How complete is the information they are acting upon? Why the rudeness, the frenzy, the joy in doing "it" - breaking every rule of social decent behavior they were probably once taught. Is the behavior fostered by organizers feeding selective and emotion-hooking viewpoints to them, instructing as to the behaviors desired, and busing them places (they pay their way, we believe, just get the organizer convenience of what bus to take where and when) and turning them loose.
    .
    Our conclusion will be something like this, probably, but possibly not::
    .
    That adult political disruptive behavior may be either

    a) a genuine reaction against perceived threat to wellbeing, to status, to care. Or, it may be

    b) orchestrated so the reaction methodology is taught. And the perception falsely implanted, without the facts supporting it as a total picture.

    Is the disruption instigated in those ways, by intentional organizers, whose goal is to disrupt, and not discuss or merely demonstrate; and have they found a vulnerable group, willing to follow a frenzy.

    This adult behavior, by instigators or followers showing tantrum-like behavior in public, acting like unruly children even, has risen in this "democracy" to the level of a disorder. Can we examine the childhood disorder and learn from it as to the adults it now afflicts. How about the organizers. This activity is mustering "mob" behavior, not "support." It is tantrum time in the political supermarket.
    .
    What coping mechanisms can affect the disorder positively, so discussion can resume. Anything? In adults, perhaps nothing.
    .
    .
    Is this hopeless? Are we too far gone in disrespect, in dissing, in allowing our democracy to be highjacked by the loud, the repetitive, and applauding it and rewarding it with media coverage. Too much money to be made in showing the entertainment of it all, using it to create issues. Show tolerance of it and promote it by giving it air time. So, Probably.
    .
    It works. Media, congratulations. You play a part. Your coverage without analyzing who these folks are, what their understandings are, who told them so, who taught them, leads us on. Politicos, ditto. Your distortive talking points, carefully taught with the skills to disrupt so ordinary old people hop on buses and do it, works. The vulnerable, led by the devious? Or voters, acting on their own?
    ...................................................................
    .
    I. The Behavior Disorder
    .
    A. In the child - the usual frame of reference

    .
    Take the child, age two or three. Please. Or the adolescent, in early teens and older. Disruptive. Oppositional. Gainsay. Quaint. Normal, to a degree, in the young, where the syndrome is most studied. We smile indulgently at the "terrible two's".
    .
    When the child or youth oppositional behavior becomes a pattern, however, it can signify a mental disorder. See Disruptive Behavior Disorder at ://www.mhawestchester.org/diagnosechild/cbehavior.asp/. The disorders come in three flavors - 1) the familiar ADHD (Attention Deficit Hyperactive Disorder/; then 2) the Oppositional Defiant Disorder; then 3) the Conduct Disorder. Go to the site, click on them, and read.
    .
    B. The types
    .
    1. ADHD - this one already has plenty of publicity through school and child development research, so we are not focusing on it here. It may have relevance to political acting out, but perhaps not. Go to the Diagnose Child site and click
    .
    2. Oppositional Defiant Disorder
    .
    You defy the authority of parent, school, other in charge. Argue. Refuse to obey. Basic rules are out there for decent, constructive behavior. You ignore them all and do the opposite. Take no responsibility for your own mistakes or even your bad behavior. You resent, resent, resent, and look for revenge. You have tantrums. Regularly.
    .
    3. Conduct Disorder
    .

    You defy the rules of the society. You are aggressive to the degree that you threaten, or even harm, people or animals. You destroy property by your behavior. You bully. Lie. You even steal. Your violations of rules are serious.
    .
    As to children, there are named clinical possible causes of these syndromes. Neglect, rejection, all that. Many possibles. Neurological perhaps in many. The diagnoses is not just in the United States. See Britain's overview at ://www.psychnet-uk.com/dsm_iv/disruptive_behavior_disorder.htm/ The focus remains on school-age children, however, see ://childparenting.about.com/cs/disorders/a/disruptivebehav.htm/
    .
    4. Coping strategies. What do simple folk do?

    .
    Think of the tantrum-ridden child or teen. What to do. See How to Handle Your Child, at ://childparenting.about.com/od/disruptivebehaviorproblem/a/disruptivebehav.htmt/ Rats. It takes ongoing supervision by someone who establishes a relationship with the child. No fast answers.
    .
    But the supervision doesn't have to be the parent 24/7, "These kids enjoy making you mad and they are good at it." Says the article. Adults: "maintain an emotionally neutral stance when giving instructions or consequences." Obama in the living room? Things escalate, can even get violent, if the parent or other adult cannot control their own emotions. Find something good to say about the child - some inroad to some positive aspect of the relationship.
    .
    And have outlets. You will need it. Tantrums anywhere are a nightmare, and people do cave in.
    The role of discipline? Be careful here. No heavy hand. Give effective consequences. No willy-nilly slap-down. Click and see how at the site. See Discipline Tips for Parents, at ://childparenting.about.com/od/disciplinetipsandadvice/Discipline_Tips_for_Parents.htm/ Then be sure your instructions are clear and also effective - and how to do that - see ://childparenting.about.com/od/disciplinetipsandadvice/ht/htinstructkids.htm

    Now - how to address the tantrumic adults on the loose. Does any of this stuff as to coping with kids apply to grandma amok?
    .
    B. The Adult Behaviorally Disordered

    .
    .
    1. Will any of that work with the political mobs disrupting people's speech and stopping it, not just demonstrating their own view in reasonable turn.

    We have always had time, place and manner restrictions that constitutionally apply to first amendment free speech rights - what can be fashioned here so everyone can talk, in turn.

    Probably nothing. Look at the people breaking civilization's most basic rules for communities that need to live with one another. Have they resorted to killing off the opposition, in a sense. Have they chosen to allow themselves to be taught the behaviors; but, to be fair, their emotions were engaged by the persuaders before they were allowed the facts, so they are victims in that narrow sense. They are being used as tools. Is that so?
    .
    It is noticeable that these are elders out there - at least on my TV. Somebody else look into that. How representative are they - and do they realize that their medicare is, well, another topic.
    .
    So, ask: What about adults displaying Oppositional Defiant Disorder as to the place where they are - blooming where you are planted. The community. What about adults displaying Conduct Disorder. In the society at large, not just the community where they live. Are they just the disordered kids grown big? That doesn't sound reasonable.
    .
    So, have they been taught? By whom? And why were they so susceptible to learning how, and doing the totally disruptive, oppositional behaviors, simply seeking to stop someone else, not address an issue as a problem to be solved where they may have had some helplful input. How were their heads highjacked into kamikaze mode.
    .
    People can be carefully taught. Look up all the propaganda techniques out there, see as a start, ://www.propagandacritic.com/. Since the earliest 1900's, even before, the persuasion machines have been honing their skills.
    .
    2. Obstructionism vs. Demonstration.
    .
    How is a group mustered specifically for mob-behavior activity, to disrupt and even stop the other side from presenting its case, different from a group mustered to demonstrate its position, even obtrusively, but allowing the other side to present its case.
    .
    Night and day.
    .
    A group mustered for support is a group educated by facts about various viewpoints, so the group can and does positively show its choice. It does not focus on simply stopping whatever the other side is saying. It is fear-based. Lash to the masts. We dare not listen lest the siren call prevail and we be dashed.
    .
    A group mustered for mob is persuaded by emotion-laden propaganda, selective information, so the group will disrupt anything in the way of it. It is not hard to muster a mob. Propaganda and PR have done this for over a century as a business. But it is hard to stop. Rev people into action from a highjacked emotional core, without laying out the facts for them first for their own free choice, and weapons are loosed. Persuasion, propaganda, all technique.  See Communications, Persuasion, Propaganda.
    .
    Are those so?

    ,
    Philosophically, look to song. There is an old folksong that has, in its lyrics, as I recall, this line: The world is turning toward the morning. Here is your neighbor singing it: ://video.google.com/videosearch?q=turning+toward+the+morning&hl=en&emb=0&aq=0&oq=turning+toward#

    Is it? Have to look back at it in an hour or so. Right now, it looks turned inside out. Is that Gordon Bok? Will check. Lots of song references here.Yes - it is Gordon Bok, see http://sniff.numachi.com/pages/tiTURNMORN%3BttTURNMORN.html/ We like the Dallas Cline arrangements, ://www.folkcraft.com/1310035.html/ Singing. Now, that is civil discourse. Shall we require that all political commentary be in song, sung solo, one singer at a time?

    Now, back to how to deal with instructions....://childparenting.about.com/od/disciplinetipsandadvice/ht/htinstructkids.htm

    Friday, July 24, 2009

    Opinions Over Wars: Analytical Tool of Gates-Crowley Cultural Opinion Groups.

    Opinions Assist and Hinder; Fact-Aid or Hindrance;
    Depending on Time, Place, Manner, Source, Intent

    Look at Gates and Crowley, opinions falling like iron filings on cultural grounds.
    Legally, Crowley was 'way off base even going into the house, and with no witnesses,
    or staying there once he knew Gates lived there.
    Does that matter? Of course not.
    Conclusion here nonetheless:
    Inappropriate In-Home Cuffing, and Jailing, for In-Home Lippiness

    A. Types of Opinions

    1. Manipulative opinions. These taint because they are covert, are anchored only in carefully selected facts, the rest are handily omitted, and so these opinions are designed to shape beliefs before the facts are. Spot them by uses of tilt words in news reports, or choices of news sources for them (as in Bing news - apparent domination by AP and The Tribune papers - count them. Is this so?). Spot them in police reports, where the policeman himself is involved, and where facts may be reported and misreported in order to justify what the policeman did, and why he made the decisions he did. Be especially careful of those reports when there was no back-up policeman or other person there to corroborate either side. Reports are made after the fact, when there is time to carefully shape it.
    Even if the opinion is overt, stated as what conclusions the policeman or other reporter drew, the failure to enumerate all the facts tells you they are being selective, in the interest of persuasion. Know your news source and the context before absorbing an opinion in any of its forms.

    2. Transparent, Fact-Based Opinions: These foster useful discussion when when they are overt, stated to be a opinion, even stated to be based on limited facts as available (no selectivity, just fewer available), and state all the facts known to the opinionator, so that a hearer can assess the connection. Opinions are useful where they shape an issue for a larger stage, rather than let significant issues 'go'. Truth is a defense to what is said. Immoderation in choice of a word is appropriate when needed to make a strong point.

    3. Propaganda Opinions Substituting for News. News adds to a fact base concerning an event or phenomenon. News informs. What someone thinks or believes about something is not news. That is opinion, and adds nothing to the fact base of an event. Facts include the who, what, where, when, why, how. Opinion churning, repeating and comparing opinions, presenting opinions, is not news at all. It is propaganda, depending on whose opinion is highlighted and why. Propaganda for a viewpoint. Is this laziness? Lazily done? Yes. All opinion is intended to persuade; but the measured, fact-based approach costs more money because it requires going out and finding out information. You can't just lead a panel. That is cheap, literally. And, opinions themselves, in the absence of a solidly presented fact base, fosters the emotion-laden selective-fact approach leads to propaganda. Watch the agenda. Watch the mob. Where to mobs come from. Not from fact, but from opinion.

    4. Ersatz Opinions by Polls. Here goes another industry down the tubes. Opinions by telephone polls (that is, most all of them that are reported in media) are highly suspect because they only reach people
    a) with landlines,
    b) who also answer their phones instead of letting messages accumulate, or
    c) who eagerly pick up when a pollster calls, and
    d) who do not question the way questions are worded. Answer the question anyway. Who cares.
    Who are those people, anyway who answer phone polls? People with nothing else to do? The ones with all the time, who make up the polls. Disregard, largely. Why don't the polls pre-poll for demographics -- that sometimes happens, but in a limited way. Who is answering - as to race, ethnicity, voting history (if any), party, occupation, time at home, computer use, educational level, and does anybody think they would get accurate information any more than the polls themselves get? Why do I think only aging whites answer phones for polls? Is that so? Pre-polling also puts too much information out there. Who will do that voluntarily with all the scams going on?

    5. Zombie Opinions. The living dead. These are opinions that take on a life of their own after a story is over, nobody bothers to put all (yes, all) the facts out in one place, so the opinions can and do continue to unfold.
    B. Opinions on the Battlefields of the Mind
    Look at The Cambridge police Sgt. Crowley arrest of Professor Gates, and the dropping of the charges before President Obama outlined what he understood and gave his opinion. That all happened after the case was closed. No ongoing investigation.But agenda-ed reports give it more life than the original story. Is that warranted? Examine the process of opinion-offering. Some functional, some not.

    Overbattle, by the main characters; and underbattle, by others, making other points. Be conscious. The undercurrent. Easy as 1-2-3?

    ..................................................................

    1. The culture/legal war exemplified in Cambridge MA.

    Watch the surrounding opinions, as an under-battle. Facts even though the case was dismissed continue to emerge or clarify, and with their treatment, and as they change, another matter takes center stage. This is a particular issue about regular people, media, politics and government - the Opinion Exchange. This seems more significant overall: the role of opinion in evolving cases.

    2. POTUS. The President of the United States. One charged with looking out for national policy. Was POTUS properly prudent in using one immoderate word in connection with his understood and stated facts. Was it tied to those facts, and stated so. Yes, say we, and POTUS was properly Spockish in using it. The tone and body language remained as restrained as ever. The word itself had impact. Note that the police were parties here, in what happened; so examine their accounts of what happened along with the accounts of others. Opportunities for self-serving reporting on both sides, prof and cop.

    3. Police. But some say no. Police always right. Look at their service, their risks. So: President Barack Obama and Henry Louis Gates and Sgt. James Crowley. Examine how we might examine our opinions.


    .
    Background. We can probably agree a) that there was a clear right for the police to investigate whether Professor Gates was rightfully in the house, after a break-and-enter report was called in; and, after all the versions of facts that we have, and b) that both sides, in their choices of how to behave once it was clear that he was rightfully there, were woeful in some respects. So, this is a time-place-manner problem, and not whether the original action was justified. The police, as the ones in and with power, however, had the greater responsibility to be wise in their use of it.

    Facts, then unroll. And roll on.

    Facts are the observables. The things people said they saw, and heard. But emoticons have already taken over for many of us. Who cares about facts when core values have been revved up by the revvers. And the values get revved up by opinions disseminated, especially before facts are in. So we focus on that.

    Enter, Opinion. How do those affect how facts are perceived, are phrased.

    We can thank dissemination of Opinion for the emoticon dominance. Opinion: a tool for shaping the proper scope of an issue, or a tool for manipulating it. Opinion here makes this case is bigger than its own incident facts. So many opinions circulated immediately, some with merit, as fact-based, even if stated to be limited facts; some without merit as emotion-based. Each influenced the result still resulting.

    The churning of preliminary opinion gives rise to enough material to support a year's course in any of the following: American History, Sociology, Criminology, Public Relations, Political Machinations, Abuse of Everything In Order to Make a Buck, Good Intentions, Media Manipulation Churning Opinions Instead of Offering Content and Information, and personality journalism take-overs.

    The Role of Opinions in Any Warfare.

    Is this situation a war? In a sense, yes. Someone is on someone else's turf, the original justification has melted away, and tempers are flaring. Values wars, race animus wars, presumption wars, authority vs. people wars, all conflicts, all recurrent in cultures. He /she who manages to sell a preliminary opinion as the Final Say, wins, so long as the facts do not radically change; and so long as the people are so sold emotionally that they do not care about factual error.

    a. Significance. Is it time to set up Opinion Alerts, lest people get so revved up or entertained that they fail as citizens to go further to get the facts, or even realize that the facts are not in yet. Opinions become the issue, not the legal grounds of the case. For those who do not edit online, as we do, life is tough. Follow us again, if you can stand it.

    We need to look at measuring opinions, especially the preliminary opinions that so many may buy just because of the perceived authority or persuasiveness of the speaker, so we can defend, and use wisely, each in its turn.


    b. Opinions with Facts and Disclaimers Based on Situation


    See and hear: President Obama at ://video.google.com/videosearch?q=obama+gates+arrest&hl=en&emb=0&aq=f#/ At issue: legal issues, of course, as to any police action.

    Ask whether the President in bounds in speaking at all, but apply criteria to your answer. Nothing off the cuff. What did you consider. We think yes, that his opinion was important in framing the issue as more than just local, and in offering a possible alternative to whatever may appear in a police report, written by the police who were parties to the actual "crime" for which a person was incarcerated.

    Tools. Pull these criteria out any time there is an opinion out there. Is the opinion worth its salt? To what does it contribute as to scope of issue, and treatment; and to whatdegree should you pay attention? Analyze: Is the individual opinion:
    • timed before all the facts are in and laid out; and so
    • preliminary according to its own text statement; acknowledging that facts are still emerging;
    • supported in that text by a statement of the facts as they are understood so far; and
    • supported by a statement of fact in neutral terms and correct as far as it goes, with the conclusion, from those limited facts, allowed to be personal when separated out as the opinion of the good-bad-ugly parts of the case;
    • motivated (this is always hard) by a public service intention a) to frame the issue, in order to show its significance on a larger stage so it does not get "lost", as in a national policy and cultural climate matter involved, and not just a local kerfuffle; or b) lay a marker for later decision-making: this is what we have now, so we are going to go in this direction now, dot dot dot.
    • open-ended, so that changes information will be met with bona fide reconsiderations of the opinion, and the investigation itself left open in all directions
    Yes. Okay on all fronts. Mr. President, you were in bounds and overall useful here.

    c. Opinions Without Stated Facts or Disclaimers, Regardless of Situation


    Same question as above, but tools phrased differently. If you are watching a media talk show, or reading a newspaper, Lou Dobbs is going on in the next cubby, or Rachel Maddow. Or any politician or person perhaps with an interest in persuasion, and not just information. Some of the above are indeed interested in getting out content and information, but that is for you to decide.

    Is the individual opinion
    • timed before all the facts are investigated and laid out
    • couched as though it could serve as a final pronouncement on the significance of what happened, despite an ongoing investigation'
    • unsupported in its text by a statement of the facts relied upon; or the facts relied upon are so incomplete or phrased in such a slanted way as to be misleading, or so untrue as to be fraudulent;
    • motivated by a self-service intention: a) to persuade according to one's own interest in profit or power as to the end result, even before the facts are in, and b) not "inform" in a neutral way so that hearers can form their own opinions depending on later facts
    • closed. The speaker speaks with such authority, repetition and volume, that the viewpoint is absorbed and conclusive.
    • given en masse. A panel. Selected "experts". Is this opinion a cheap substitute for content and information by lazy or agenda-ed media, and the propaganda opportunity that opining offers to an unwary public. Sometimes the presentation affects the perception. Sometimes? Always? The loud panelist vs. the more timid, who may be more factual?
    Media talking heads, panels, journalism in newspapers (except the New York Times and perhaps others - we did see a seemingly comprehensive fact statement there) that did not lay out all the facts, opinion-churners, revvers-up, no. Bad job. Bad. Got the emotions going, few if any acknowledged that facts could change the opinion, and focused on persuasion on an ideology, not information.

    d. So: Our conclusions.

    1. Get your own facts first.
    2. See if the ones you find gibe with the facts given (or not) by the opinionator.

    We think the police had rightly come to investigate a possible burglary at the home of Henry Louis Gates Jr. That matter did not then pan out; but their choices in how they implemented the investigation, in time, place and manner of conducting the investigation of who the resident was, created the real issue. It was the time place and manner decisions in implementing the investigation that triggered angry outbursts against the humiliating and, the resident believed, racial-animus methods, and led to his being dragged from his residence and jailed.

    So the police arrested, booked, and jailed the resident for opposing their bullying, intrusive, humiliating (he felt) methods. By that time there was no danger, the original issue had passed. Everybody had an opinion. Some, those that are fact-based, frame the issue as significant, or set the stage for further orderly legwork, and identify themselves as preliminary and subject to change, have merit. Others, disseminated to further other personal or political agendas apart from unrolling a case, do not.

    Preliminary opinions can be useful; or devastating. When useful, they help offset the nearly insurmountable advantage that the police have in those situations: the police write the report on which justice relies as a start. People tend to believe it. Early opinions on all sides help offset that, especially where a policeman himself is a party. Gratuitous assertions of power create backwash. How to rein in dysfunctional, damaging, gratuitous force, verbal and physical, in a diverse culture. So: was the force used here gratuitous.
      • Stupidly done? The investigation itself was not stupid. Of course. But how the police carried it out, in ways seen as personally violating and overpowering, with humiliation overtones, was. Time place and manner choices triggered, in a person who had been culturally and racially sensitized, the outbursts.When danger is gone, bring out the PR. The word was used immoderately, but the concept was apt. Even if that word about stupid has now been softened by a lead opinionator himself, it does indeed apply to the implementation choices made by the police. The time, place and manner decisions. Behavior's choices. Discretion within the mandates. More important than the act is the time, place, and manner chosen.
      The investigation was made more complex here because, we understand now. that the resident was a renter whose identification did not include the rental address.

      e. Teachable moments. Education.

      One: Tell renters to carry an envelope that had been mailed to them there, as proof of residence- a simple matter, that satisfies the driver's license people as to residence. We are not sure any more if the Professor was a homeowner or a renter, and that would make a difference in the case. If he is a homeowner, then the dispatcher would have identified him. If he is a renter, then that would not be on public record.

      Two: Tell police to stay outside of people's houses and even off their porches after then are finished investigating. Avoid the opinion wars. Was the Professor on his own porch, with noone else around, or in his house when he was arrested? Is this a "public" disturbance when only the peace of the officers is disturbed?

      It makes a difference to the wars.

      f. Think of duly in your analysis.

      Duly-formed preliminary opinions by officials, including a president, that include statements of the early facts as understood both ways so far, are useful and appropriate. Preliminary conclusions may and can and should be drawn for certain purposes. Making a preliminary conclusion based on fact is not precipitous, or un-presidential, or in-appropriate.

      Unduly-formed opinions, however, by anyone else, or by rogue officials, that present and are disseminated as conclusive of the ultimate issue, are dysfunctional.


      Premature, agenda-driven opinions. Propaganda

      • Unduly processed preliminary opinions.
      g. Sink the Floater Opinions. Every time they float by.


      A floater opinion is one that is offered by regular people and officials and news reporters and talking heads and other pushers. Its direction depends on the wind.

      These unduly formed opinions are conclusory in presentation, views that sound immovable and absolute, without laying out the specific facts on which the opinion relies, and without laying out what facts were gathered and known, or why prominent issues are not relied upon.

      Floater opinions are like the dead, given by the dead. Is that so? Conclusory views given prematurely and in absolute terms are cages. They rev up but have no life, do not change, take in no new information. Those who foster floaters just give the bald opinion. The great unanchored boat. Let 'er rip. Repeat. Add volume and visuals. Say whatever. Just keep it up, and enough people will absorb it and hop on board.

      Floater opinions are cannoned out - more metaphors - by people with agendas, and the agenda is not finding out "truth". The agenda for the Floater is persuasion: propaganda for the cause the benefits the cannoneer. And it works.

      Application.

      All credibility hinges on the magic of "duly". The key to sound procedures. But persuasion can take over anyway, and that is why we need to educate ourselves on how manipulation by limited information works. "Duly" describes proper procedure; the order of things. Who does what and when, to preserve as much information as possible. Duly means done as required at the particular stage involved, at the expected time, by the person supposed to do it. This can be early in case, or later. The timing depends on the intent.

      How to assess individual credibility, motivations, and presumptions. if the "duly" produces reliable information about who, what, why, when, where, how; we can move on to assess how this should affect Life. If duly done, fine.

      If not, not. Knot.

      Duly. Duly is the tool for untying the Gordion knot. A Gordion knot is a public tangle at high stakes: where the one to make it untie can be kinged. It was Alexander the Great who succeeded in ancient Gordium, with his bold stroke.

      The concept of "Duly". Was it applied. Is it being applied. If knot, we won't get beyond it to learn something, or resolve issues. Our culture has identified a number of bold strokes - bold as in boldface this time- to get us through our cultural conundrums. What are our choices among them, and who lies in wait with deep pitfalls to catch us on our way.


      Waiting to form any opinion at all until all the facts are in is wonderful. But that is the dream world. In the real world, there are voiced conclusions frequently, not just opinions, but formal decisions prematurely made, by those duly agenda-ed. Only then comes a quasi-investigation, in order to support the conclusion.
      The trigger event, glommed in various states of spin, is accordingly cannoned out, so that public opinion that is calcified without fact can again rule the day; and even fog what happens next about the "crime scene." Neutral investigation and report, a tool of justice, becomes a weapon for other agendas.
      .



      So: So far, we think that the President was right in offering a preliminary opinion based on the facts he stated, because this is not a mere local issue, but has national policy ramifications - what degree of force and obtrusiveness is to be tolerated by law enforcement when doing their jobs affects directly the perception of racial profiling.

      The President was also right then to hold back on direct involvement. It took the use of an immoderate word to make the point that the police are not always right, especially to some communities among us, but it was tempered by the context and clear statements of the facts he relied upon. It is indeed stupid to sack your training and push too hard when you don't have to. And then not show your badge to the one so angered?

      The media was not right in taking conclusory sides, however. Or in its partial quotations from the statements made.

      Is it appropriate for officials to assess and comment upon the action as it unfolds, to frame the issue, and establish foundations for next steps in the investigation and later final conclusions. Yes.

      Is it appropriate to choose carefully the time, place and manner of getting a point across? Yes. See this roadside speed warning. It works. And you laugh as you go by and stop and take a picture. No hard feelings. The benign approach can work. Try it. The President was right to criticize the heavy hand when lesser means were available - like just leaving.


      .