The Devil’s Arithmetic

The Devil’s Arithmetic (1999) can be classified superficially as a coming-of-age film, for Hanna, the protagonist, starts out being immaturely contemptuous of her family’s ethnic and religious heritage and current practice. She tries to skip the Passover Seder at her grandparents’ house. That her aunt Eva had been a prisoner at a Nazi death camp makes no difference to Hanna—that is, until she is transported back as her aunt’s cousin (for whom Hanna was named) and experiences the camp herself. Whether she is really transported back in time (and if so, how?) or is merely dreaming is answered in the end but not so blatantly as would insult the viewers’ intelligence. Then again, it’s not every film that has allusions both to theology and The Wizard of Oz. The different ways in which that movie is incorporated and alluded to in this film are actually quite sophisticated in extending the viewers’ sense of synchronicity beyond the film’s narrative.

The full essay is at "The Devil's Arithmetic."

Record Global Warming and Carbon Emissions in 2023: Exponential Population Growth and Beholden Governments

I submit that not enough attention is brought to bear on the root of the warming of the planet: the huge increase in human population in the 20^th century. More attention could also be directed to the disconnect between the warming running up against the 1.5 Celsius limit agreed to by governments in the Paris Agreement in 2016 and the still increasing amounts of carbon emissions from humans. Finally, the culpability of governments in not being willing to touch economic growth or corporate interests warrants attention. It as if an adult steps on a weight scale and realizes, I’ve never weighed this much in my life, and then eats ice-cream that very night. Unfortunately, the diffusion of responsibility can inhibit governments, industries, and an electorate from having the sort of cognitive dissidence that an individual who has a record weight and then eats ice-cream—not even low-fat!—should have. Such dissidence should trigger changes in conduct. Even so, business and government are comprised ultimately of people and thus have been culpable and are thus blameworthy.

The full essay is at "Record Global Warming." 

Exfoliating a Hero: On Lincoln's Unconstitutional Overreaching

Lest we get carried away and inadvertantly enshrine our leaders with mythic laurals, it is worthwhile to peel back our societal "remembering" of past figures, such as Abraham Lincoln, who have become larger than life.

The full essay is at "Exfoliating a Hero."

On the Birth of Corporate Social Responsibilty in 1869

Referring to the speculation in gold that was engineered by Jay Gould and others in 1869 to enrich themselves and the Erie Railroad, Henry Adams (1838-1918), a grandson of John Quincy Adams and great grandson of John Adams, wrote at the time:

“For the first time since the creation of these enormous corporate bodies, one of them has shown its power for mischief, and has proved itself able to override and trample on law, custom, decency, and every restraint known to society, without scruple, and as yet without check. The belief is common in America that the day is at hand when corporations far greater than the Erie [Railroad] — swaying power such as has never in the world’s history been trusted in the hands of mere private citizens  . . . — will ultimately succeed in directing government itself. Under the American form of society, there is now no authority capable of effective resistance.” (1)

The full essay is at "The Birth of Corporate Social Responsibility."

1. Henry Adams, “The New York Gold Conspiracy,” in Charles F. Adams, Jr. and Henry Adams, Chapters of Erie (Ithaca: Cornell University Press, 1956), pp. 135-36.

Legislation of the U.S. Government during the Civil War: A Case of Unconstitutional Governance?

Lest history be forgotten, it may come around again to bite us when we least expect it.

During the war between the Confederate States and the United States of America, The Legal Tender Act required debtors to accept “greenbacks,” the U.S. Government’s paper currency. The National Bank Act barred state banks from issuing notes, giving the U.S. Government a monopoly on paper currency. Finally, The Internal Revenue Act imposed a federal income tax and other levies. Henry Brands asks, however, whether “greenbacks” fall under the U.S. Constitution’s wording that the federal government can “coin” money. If money was in coin specie when the constitution was written, the meaning could be widened to include new means without necessarily extending the power of that government beyond what was intended.

The full essay is at "Unconstitutional Governance in the Civil War."

Source: Henry W. Brands, American Colossus: The Triumph of Capitalism 1865-1900 (New York: Doubleday, 2010), p. 13.

Barbie

In The Wizard of Oz (1939), Glenda, the Good Witch of the North, tells Dorothy at the end of the film that it had been within her power to go home to Auntie Em’s farm in Kansas at any time, simply by clicking the heels of her ruby shoes thrice together. At the end of Barbie (2023), Ruth, who created the Barbie and Ken dolls, tells the traditional Barbie that she can become human herself simply by choosing to feel, and thus to live. The Witch and Ruth occupy similar roles, as do Dorothy and Barbie. But whereas Dorothy is trying to get back to the home she had known and now appreciates from faraway Oz, Barbie is trying to get to what she was made for—something qualitatively different than not being alive. Barbie’s plight is existential, and she discovers that the root of her identity transcends the feminist agenda. As home transcends ideology, what a person is made for transcends even home. Put another way, home is ultimately in being who one really is, hence being transcends location.

The full essay is at "Barbie."

On Israel’s Public Relations Campaign against the Charge of Genocide

In theory, state media is more vulnerable to doing the bidding of its sponsoring government than are privately owned media companies. In practice, governments are able to pressure even private news outlets to sway public opinion for political purposes. Even allied governments can pressure the government of a country in which a private news company resides in terms of what stories to air and when to air them, in order to sway that country’s public opinion, and even global public opinion. The sudden appearances in print, online, and on television news networks of former Israeli hostages being interviewed just after the International Court of Justice had announced on December 29, 2023 that Israel would be tried on charges of genocide in Gaza. Not coincidentally, I submit, emotionally-charged hyperbole was used to pull emotional “heart-strings” in order to convince the world, including the justices at international court, that the Hamas attack on October 7, 2023 had been so bad that even Israel’s extremely disproportionate military attacks in Gaza were justified and thus should not be considered to be genocidal. Besides the logic being flawed, for the infliction of such disproportional harm was not justified, and even a justified genocide would violate the Convention on Genocide, which Israel had agreed to be bound. In short, I suspect that much was happening behind the scenes not only in Israel, but also in the U.S. Government and even private media companies in the U.S. immediately following the Court’s announcement.

The full essay is at "Israel's Public Relations Offensive."

We the People: Invigorating Popular Sovereignty by Referendi

A republic is characterized by the citizenry electing representatives, who in turn legislate (i.e., make law). As an alternative, the citizenry itself could vote directly on legislative proposals. The latter is called direct democracy. Ancient Athens, for example, practiced it. In the United States, the republic form is the prevalent form of government.  In spite of Wilson’s comment made in the constitutional convention that representation “is made necessary only because it is impossible for the people to act collectively,”[1] direct democracy has typically limited to an occasional “referendum” question even though more vital questions could be put to the body politic directly. 

The full essay is at "Invigorating Popular Sovereignty."

1,  James Madison, Notes in the Federal Convention of 1787. New York: Norton, 1987, p. 74.

The Israeli Supreme Court’s Conflict of Interest as Unreasonable

Ironically, in making the ruling on New Year’s Day of 2024 striking down Prime Minister Netanyahu’s amendment to the country’s basic law that would have removed the judiciary’s authority of judicial review of laws based on their reasonableness, Israel’s Supreme Court too unreasonably exploited a conflict of interest. Basic Law, which is essentially constitutional law, includes the basic architecture of a government, such as how the executive, legislative, and judicial functions are related. Self-interest being a salient feature of human nature, we can assume that the governmental functionaries in each of those functions naturally seek to expand their respective jurisdictions relative to those of the other two. I contend that to give one or two of those areas the last word in altering the division of authority involves a conflict of interest. This applies to a constitutional court. Therefore, even though democracy is served by a judicial decision striking down an attempt by the executive and/or legislature to eviscerate the authority of the judiciary to act as a check, giving the latter the last word is fraught with entanglements. 

The full essay is at "Israel's Supreme Court: A Conflict of Interest."

Toothless International Human Rights: Genocide in Gaza

It strains credulity to believe that vengeance against the Palestinian residents of Gaza was not among the motives of the Israeli government’s ministers in retaliating for the Hamas attack against occupation on October 7, 2023. Within days, Israel’s president publicly accused every Palestinian in Gaza of being guilty. Because it cannot be assumed that every resident of Gaza who had voted Hamas into office was in favor of the attack, and the residents who had voted for the PLO could even less be assumed to be supportive of Hamas, the Israeli notion of collective justice is ethically flawed. Deficient as a subterfuge for the very human instinctual urge to inflict disproportionate vengeance, the espoused justification did not hold South Africa off from charging Israel with genocide at the International Court of Justice (ICJ). At the time, both South Africa and Israel were parties to the Genocide Convention. Because the ICJ was at the time the principal judicial body of the United Nations, the UN’s lack of enforcement power—notorious even on resolutions passed by the Security Council—meant that even a conviction could send the message that a national government can get away with even genocide.

The full essay is at "Crimes Against Humanity: Israeli Genocide"

Medium Cool

In Medium Cool (1969), John Cassellis, a cameraman, maintains a medium-cool level of emotion even in the midst of the socio-political turmoil in Chicago during 1968 until he learns that his station manager had been allowing the FBI access to the news footage. The film can be interpreted as providing a justification for his lack of trust in American law enforcement even as the need for law and order is made clear from the ubiquity of the human instinctual urge of aggression. For the film shows not only the extent of violence, but also its engrained nature in our species. By implication, the viewer is left to conclude that that law enforcement is necessary in a civilized society.  Yet this can only be a necessary evil, for the last few scenes of the film show just how likely discretion is to be abused. The atrocious and one-sided police violence during the peaceful protests outside of the Democratic National Convention make it clear that if given the legal authority to use weapons, human beings may abuse such discretion if too weak to restrain their own personal passions and, albeit less common, even their psychological pathologies.

The full essay is at "Medium Cool."

The Conversation

Winner of the Palme d’Or (golden palm) prize in the Cannes Film Festival for 1974, The Conversation (1974) was written, directed, and produced by Francis Ford Coppola; it was a film that he really wanted to make, whereas he had made The Godfather (1972) to make money. In both films, business comes to be something more than business. In The Godfather, Sonny tells Michael not to take being hit in the jaw by the corrupt police captain McCluskey personally. That Sollozzo expects Tom Hagen to objectively present a business proposal to Sonny after Sollozzo has had the Godfather gunned down with five shots and still he survived just shows how ludicrous it is to suppose that the consequences of the murderous tactics of that business would not be taken personally. Even so, the moral dimension does not enter into the considerations. In contrast, Harry, who runs a small business recording third-party conversations for clients in The Conversation, gradually comes to take his work personally in a moral sense. Whereas the murders in The Godfather are personal in the sense vengeance being part of the motivations, those in The Conversation are personal in the sense of moral responsibility being increasingly felt by Harry. Accompanying this realization of guilt, however, is a recognition of the extent of surveillance on him, and this too changes him. If the problem were just being morally responsible for what clients do with his tapes, then he could solve the problem by doing something else for a living. Being a target of surveillance himself, however, is something that he cannot change. Even in tearing his apartment apart, he does not find the “bug,” or listening device that his client’s assistant is using. By implication, we can reflect on just how much we are watched in the modern world—that is to say, how much the world in which we live has come to be characterized by surveillance. I contend that we are largely oblivious to it because it has encroached so gradually that its incrementalism is difficult to detect.

The full essay is at "The Conversation."

Pope Francis on Blessing Gay Couples

Pope Francis approved a document in 2023 that allows for “the possibility of blessings for couples in irregular situations and for couples of the same sex”[1] The inclusion of the word, possibility, is important because it gives priests (and their bishops) whose stances on morality are socially conservative an out. That irregular situations are included in the statement—although admittedly they are distinct from “couples of the same sex”—is a hint that the statement would likely be controversial and taken at least by some clergy negatively. So that the document gives the clergy discretion is no small matter. It also matters because of the emotional vulnerability that is entailed in requesting a blessing. At the time, the Church was still being impacted by having been recognized, and thus stigmatized, as the cause of the emotional damage that had been inflicted on children by pedophile clergy over decades. In fact, the resulting declining church attendance may have gone into the motivation for the statement. The document's overarching pastoral purpose in blessing gay couples over conducting a moral critique of homosexuality shows not only how much Pope Francis differed as of 2023 from his predecessor, but also how very much the atrocities against children had changed the orientation of the Vatican. To the extent that a significant number of the pedophile priests and bishops had molested (and were still molesting) boys, any moral critiques getting in the way of blessing loving gay relationships would suffer from a lack of credibility in the face of dripping irony and sordid hypocrisy. Even so, the document can be criticized for failing to distinguish moral from theological critiques of male homosexuality—an oversight mitigated by that fact that the pastoral purpose of the letter subordinates even a theological assessment, for, as Paul wrote, faith without love, especially love whose object is not convenient, is for naught.  

The full essay is at "Pope Francis on Blessing Gay Couples."

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1. Christopher Lamb, “Pope Francis Authorizes Blessings for Same-Sex Couples,” CNN.com, December 18, 2023.

The Colorado Supreme Court Bars Insurrectionist Trump: Who Should Ultimately Decide?

On December 19, 2023, Colorado’s Supreme Court ruled that Don Trump, a former U.S. president, had engaged in insurrectionist activity as a matter of fact, and furthermore, as a matter of law, the U.S. Constitution bars him from holding any office, including the presidency. With an appeal to the U.S. Supreme Court a certainty, realized even by the Colorado justices, and some notable (and very visible) Republicans arguing that the American people should have the final say on whether Trump will be president again beginning in 2025, the question of who should have the final say—the judiciary or the people—was pressing, and indeed, very important. I contend that the determination of fact should have been made by a jury in a criminal proceeding, and that even absent that, the ultimate decision should still be made prior to, and thus not during, the election, for the question is whether Trump can be listed as a candidate for the office. Ultimately, the tension lies between the value of a politics-free judiciary and democratic (majority) rule.

The full essay is at "The Colorado Supreme Court Bars Insurrectionist Trump."

Far from Heaven

The film, Far from Heaven (2002), centers around a woman whose husband turns out to be gay. That this is set in 1957-1958 in socialite Connecticut is all the more telling, as the Caucasian woman finds her groundskeeper, who is a Black man, to be “beautiful.” The film is arguably a remake, or at least informed by, the film All that Heaven Allows (1955), in which a widow begins dating a younger, muscular man who tends to her trees. Although race and homosexuality are not issues in this earlier film (which, after all, was made in the 1950s), that a woman who socializes with friends who belong to a country club in New England would dare to date a younger man of a lower economic class—albeit not as low as the woman’s son and friends stereotypically suppose—was scandalous enough in the 1950s to furnish a tantalizing plot. That a filmmaker in 2002 could get away with portraying an interracial extra-marital sexual interest and a gay or bisexual husband having anonymous sex with men (even showing the husband kissing one of the men), whereas a filmmaker in 1955 would not have been able to get away with including such taboos (much less making them central), says something about the cultural trajectory of western civilization temporally.

The full essay is at "Far from Heaven."