Where should we go from here?
To our 2 Paragraphs Family,
I am happy to forward to you a copy of an article that I published in today’s Los Angeles Daily Journal, which is the premiere periodical for the legal community in California. This was written both to give hope to people as we enter a new year, and also to show how all of us can assist our great country in this time of Polarization.
As always, I encourage you to pass this along to your circle of friends to promote a discussion, and also to forward your comments back to me.
Life is Good!
Judge Jim
Here it is:
Los Angeles Daily Journal, Nov. 29, 2023
Where should we go from here?
James P. Gray
We should start by following the advice of my wonderful and even heroic deceased father, U.S. District Judge William P. Gray, who often said “You have every right to disagree, but you have no right to be disagreeable” When was the last time you heard this discussed to any extent by our so-called leaders of today?
Back when cable television was starting to become popular I thought to myself that this would be great! What a variety of information and points of view we all will regularly receive from so many different types of broadcasts so we can gain a better perspective! And was I ever mistaken!
Instead we found that the cable tv stations would research the types of biases their potential viewers had, and then would cater directly to those biases to gain and keep them as viewers. So the messages not only evolved into “Are you/we ever so right,” but also into “Not only are the people who don’t agree with us wrong, they are evil!” And that has contributed mightily to the polarization that we all are seeing in our country today.
So what can we do about it? We should start by following the advice of my wonderful and even heroic deceased father, U.S. District Judge William P. Gray, who often said “You have every right to disagree, but you have no right to be disagreeable.” When was the last time you heard this discussed to any extent by our so-called leaders of today? Back in the 1980s, President Ronald Reagan and House Speaker Tip O’Neill had firmly different political views, but that did not keep them from being able to share a cocktail in the evening and talk openly with each other. We need leaders who will bring back that approach.
And while on that subject, many of our past political leaders would stand firmly on the approach that even if you didn’t vote for me, I am now your representative. So your safety and welfare are of concern to me, which means that I will work for your benefit. Furthermore, they would understand and applaud that we are a Nation of Immigrants – and that has made us strong! E pluribus unum appears still on much of our currency, as well as on the Great Seal of our nation. Let’s find and support elected officials who adhere to those beliefs! “Out of many, one.”
So what is the fundamental substantive reason for our becoming so polarized? I believe it is based upon many people’s conclusions that other people, institutions or even governments don’t care about them or their welfare. So those others are actually seen as enemies. And that is what we need to address.
We can start by understanding, which I explain in many of my mediations, that for many human problems there are no solutions! For example, if a defendant drove through a red light, hit your car and broke your arm, the solution would be for you not to have had your arm broken. But we can’t do that. All we can do is employ an artificial resolution, which in this situation means that under our legal system the defendant would be found to owe you a certain amount of money. Then the matter would be resolved, such that everyone could put these disputes behind them and get on with their lives.
The same should be made true with historic grievances, both individual and collective. Of course we deeply regret our history of slavery, Jim Crow laws, the way we treated our Native Americans, the internment of many Japanese Americans during World War II, etc., but we cannot change history. There is no solution to those bad situations. We can only resolve those problems by changing the present and then getting on with our lives. So let’s work together for the good of all, but let us not have those things divide us along the way.
So where should we go from here? We should employ two fundamental concepts: Liberty and Accountability. Liberty for everyone in our country to have the equal opportunity to pursue the American Dream and to thrive under a just system of laws that applies to everyone, and Accountability under those law for everyone’s actions, including individual, corporate and governmental.
For example, this would address the way some people view our law enforcement agencies as not caring about them or their welfare. The Accountability response? All of our law enforcement officers should be required to wear and use body cameras every time they come into official contact with the public. It is an established fact that if people from all walks of life know they are being videoed they behave better. And I believe that this approach will also show that most of the time our law enforcement officers are doing a good job – for everybody! And that will directly reduce the polarization in our society. In fact, transparency will also bring better results with virtually all other governmental activities as well.
Another approach would be to employ term limits for our elected officials. Why is that? Term limits would make those institutions both be and appear to be more responsive to all of the people. Why? Because they would have a strong tendency for elected officers to “do what’s right” instead of simply trying to cater to our biases and prejudices in coming attempts to be re-elected. So, for example, five consecutive two-year terms in the U.S. House of Representatives, and two consecutive six-year terms in the U.S. Senate, as well as, for different reasons, nine Justices serving a maximum term of 15 years on the U.S. Supreme Court, would be enough. That will strongly decrease the public’s perception that these institutions are being used for political purposes and, in turn, decrease polarization.
Finally, it is a fact that too many public schools today are failing our children – and that is as tragic as it is unnecessary. Why is that? Because public education is probably the only area in our economy where the provider chooses what the consumer will purchase. So under those circumstances the public schools have no incentive to get better.
But if the parents of all students were empowered to choose where and how the governmental money would be spent for the education of their children, for the most part they would choose excellence.
And that is what they would receive, be it in public, private, vocational or schools of the arts. And this would show – in a tangible fashion – that institutionally we all care about all of our children. Imagine how that would reduce polarization!
In summary, today there are many public officials who inwardly understand and care about the benefits of using Liberty and Accountability, but today’s politics work against those approaches. But if we find those people and openly support them that will both encourage them, as well as others, transparently to work for the benefit of everyone in our country. So please join in that effort.
Why? Because, when it comes down to it, it is our government, and if it is not working we have no one to blame but ourselves!
Judge James P. Gray (Ret.)
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