In Praise of Sherry F. Colb, Cornell Law Professor

Here is an excerpt from one of the best things I have ever read, “Decoding ‘Never Again,’” by Professor Sherry F. Colb. The cite to the complete essay follows.

“The solution to “might makes right,” then, is not for victims to become perpetrators. Instead of protecting ourselves by identifying with the oppressor, we serve justice when victims instead identify with other victims and extend the compassion and justice that should rightly have been extended to them, to the rest of sentient creation.”

I wish I was taking a class with this professor; I wish I was her friend. She is compassionate and brilliant and my only criticism is that she has not been pushy enough to hit the radio talk shows and get a book touted by a big name in order to bless the main stream public with her presence.  She is too good to be relegated to academia, but maybe she is too good for most of us.

LEGAL STUDIES RESEARCH PAPER SERIES

“Decoding ‘Never Again’”

Sherry F. Colb* Cornell Law School Myron Taylor Hall Ithaca, NY 14853-4901 Cornell Law School research paper No. 15-27

This paper can be downloaded without charge from: The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract=2614100

The Cultural Animal

Here is one definition of culture I found on the internet that is more comprehensive than some because it includes the statement that culture is something that is accepted without thinking:

“A culture is a way of life of a group of people–the behaviors, beliefs, values, and symbols that they accept, generally without thinking about them, and that are passed along by communication and imitation from one generation to the next.”

That element seems critical when one considers how different the definition would be if it were the opposite: “. . . behaviors, beliefs etc. that are accepted by each generation or person only after careful critical analysis.”  Culture would be predicated on a world of moral philosophers.

Culture and thinking are at odds with one another. Which should we endorse? For the pro-culture position, people who do not question culture enjoy the benefit of generally fitting in. For example, they have the affirmation of numbers in their religious practices, they have no trouble ordering in restaurants, or enjoying television.  They, on the whole are bothered less: they are not bothered by hunting, cruel practices to animals, and instances of hypocrisy. They have ready-made explanations for bad things: it has always been like this; it could not be different; we have not evolved to do otherwise; what would become of such and such industry, line of work, or institution without continuing such a practice; and God wants it this way. It might seem like the mainstream, predominate group in any society is more likely to be culture-content.  That is logical, but does not take into account that many people in the satisfied groups do still utilize the power of thinking sometimes and find themselves questioning something, even at times without knowing that they are trying to unite the strangle hold of culture. That little insurrection could be the result of education; if so, that is one giant endorsement for a liberal arts education.  How does education lead to a culture-challenging idea? The study of history, for example, will quickly reveal a sophisticated culture from another time which generally will exhibit several instances of bias, discrimination, and typically appalling cruelty that makes us cringe and feel so glad not to live back then.  The next step however is to wonder how any given individual during that time got up and went around his or her business with such atrocities going on or perpetrated them so callously; are we not made of the same stuff?  Are we not all of the same species?  When did we become so unlike the Romans who simply loved to see people torn apart by wild animals or set on fire as human torches, really just for the sake of entertainment? Are there not vestiges of the displays of animal combat from that time in the bull ring in Spain?  Could it be that the objective view of our own culture would reveal to a different group a similar conclusion? Oh no, we would say—we are not like that. However in the very short (and it is very short) history of the United States, we had slavery.  The mind struggles to comprehend how the enlightened free thinking American clung to this practice even after it was outlawed by England, the Great Oppressor. I find it ironic in a way that we fought the Revolution for the all-important cause of saving tax money so that we would be a free nation, allowed to continue with slavery after the mother country outlawed it. On that note, it is interesting that culture can corrupt a person who was not even raised from childhood in its miasma:  In the 19th Century, English immigrants, who of course lived in a non-slave culture, once in the United States owned slaves.  I was profoundly disappointed to read that the brother of the poet John Keats, when he came to America and settled in Kentucky, owned slaves.  When in Rome . . .

No doubt, those who find themselves oppressed by cultural practices are the ones to give it more thought and, if in a position to do so, take steps to change it. Which segues into the proposition that not all cultural practices must be challenged or even questioned; only those that are self-serving to one group and detrimental to another—that is the test.  Innocuous cultural practices keep the machinery of life turning. If each couple had to invent a ritual for pledging their troths, if every grave memorial had to be original, if every greeting invited yet another way of extending hands, we would expend way too much thought on the trivial, and certainly the last thing we need to do is occupy our minds with more trivial questions.

What is my main point of contention?  The largest and most firmly entrenched aspect of culture, even more than religion — food. What is more defining or central to a culture?  I want us to question what we eat because after all, that stuff is not just going on around us it is going into our mouths and stomachs, and there is something evil lurking behind the curtain—we all know that.  How does the touchstone question for determining if a practice should be challenged apply in this instance, i.e. is one group serving its own interests to the detriment of another? The self- serving is interest is stunningly clear (businesses making a lot of money, convenience, money, oh! and did I mention financial gain, profits, and money) and the harm is tremendous, although it is not a detriment suffered by our species. There’s the rub, but does only human suffering count?  Obviously not—not really to anyone (consider your dog, cat, horse, canary).  Going even further to what may be even more than a cultural question, although heavily informed by culture: why must we feel so elevated and separate from other species when we are all animals? Academics who study a species always become amazed at the “animals’” abilities, feelings, interests, practices, and habits, and they wind up overcoming that feeling of separateness. Some people who are not scientists in the field attain such a realization and are simply called animal lovers. I guess the definition of “lover” there is someone who is unwilling to inflict suffering, fear, and death on another creature and is deeply disturbed at that reality.

Giving consideration to the suffering we inflict on animals under the aegis of culture is a paradigm of the combat waged between accepting and thinking.  Every statement (I would say argument but that connotes more worth than is due) that anyone has ever marshalled to defend a bad cultural practice comes into play: we have always done this; everyone does this; it would be hard to do without this; what would happen to certain businesses. Culture gives a way out, whew! That’s easy. I can roll over and get a good’s night sleep because the suffering of other creatures does not have to concern me. Where does thinking get us?  Initially, into a state of near despair in facing the tremendous, grinding ugliness and cruelty  of a factory farm and slaughterhouse death; then into the ranks of the petty activist, at odds with culture, writing blog posts that nobody will read; at the same time in the company of those who understand Morality. A benign aspect of culture itself and liberal thought has taught that notions of morality make the world a better place, so that we may understand that  might does not make right and that inflicting suffering is wrong. Morality issues its categorical imperative to live the daily struggle against the cultural behemoth, remembering that one doesn’t need hope to start out or success to persevere.

An Amazingly Ordinary Goose

I heard a “delightful” animal anecdote today about a Canadian goose who had been rescued as a young bird by a family of animal-sensitive humans. They had found him injured beside his crushed sibling, took him home, and raised him as a companion animal. The point of the anecdote was to relate, with due amazement, this bird’s remarkable behavior that includes the utmost attachment to his saviors: he follows them everywhere, acting more like a faithful and well-trained family dog than a wild bird. I am the odd man out, I suspect, in my reaction to the story. It just makes me sad, not charmed. I don’t think that this one bird is a genius goose. I don’t take him as the remarkable contrast to the typical “bird-brained” animal just because he shows interests, such as an attachment to other creatures, which bespeaks a true degree of intellect and emotion. People need to find this goose sui generis or rara avis (the better Latin phrase in this instance). How can your generic goose be like this clever goose when we stuff geese into cages and force feed them to swell their liver so we can feast on foie gras or make their carcass the centerpiece for a Christmas meal? We like to think they are not “smart” or capable of affection and that this one goose is simply remarkable. He is a goose and his behavior is not astounding any more than the behaviors of so many animals, such as cows, pigs, and turkeys, when they are not consigned to cruelty and cages. I have a cockatiel who knows my son and likes him more than anyone else.  When he hears his voice he flies to him even if he is several rooms away; I might offer that as an “amazing” animal exhibition, but I don’t think it is at all except to people who insist on denying the depth of an “animal’s” existence (forgetting we are animals too) which makes eating them so much easier. I wish I could be exempt from hearing such stories as it only disturbs me.  Oh well I am doomed to be disturbed — hunting season is coming to New York State… oh that pesky deer population, must bag a few as a service to what?  Our yards?  One last thought, now that I have segued to hunting:  humans have proven that one of the most firmly entrenched needs for many is to feel superior to someone else: whites had to feel superior to blacks or indigenous people or any one they could find; one tribe or religion had to feel superior to some other; men had to feel superior to women.  Even some mean girls have to feel superior to other girls and on it goes.  People might not like to admit that they have fallen so low as to need to be better than other species, but I think so.  Hunters need to feel superior to other animals. One lucky goose and millions of very unlucky other creatures.

A Comment to A Post

How many of you bloggers have received creepy comments?  In a way it shows that one has achieved some success to have enough of an audience to even evoke a response, however unsavory. I received one from a self-proclaimed sadist who stated that while roaming naked around his slaughterhouse at night he relished to taste of human flesh as much as animals.  I paraphrase, but that is pretty much verbatim. I thought for a few minutes about posting it as satire, along the following lines: those who accept the realities of slaughterhouses and eat meat are satanic and could easily make the step to eating humans, a la Jonathan Swift’s “Modest Proposal.”  That would be very heavy-handed and off-putting, not to mention bad satire; the problem with bad satire is that the reader misses the criticism of the cultural or social issue at hand and takes the words at face value. Upon such reflection, I did not print it. In any event, I think the guy was either a weirdo or looking for shock value.  After reading about the practices of factory farms and slaughter houses and forcing myself to watch a few moments of videos of the lives of farmed pigs, this guy’s images are a Disney movie.