Tag Archives: power of asking

Palmater on the Right to Say ‘No’

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The very first post I wrote for The Asking Project set out always take no for an answer as a cardinal rule of asking, and I’ve revisited that rule a couple of times since, drawing connections with Margaret Gilbert’s ideas of joint commitment, looking at the way saying no turns the ethical spotlight back on the person doing the asking and — most important of all — sets conditions for new respectful relationship.

There’s a strong connection between this (ethical) rule of asking and (legal) considerations of consent. This is complex territory, so an illustration might be useful. Consider, for starters, this piece Pam Palmater wrote back in October on the indigenous “right to say ‘no’,” as enshrined in the doctrine of free, prior and informed consent.

A little background. After a Canadian court ruled against the Trans Mountain pipeline expansion, the Trudeau government announced that instead of appealing the decision, it would undertake a consultation process with First Nations. Palmater accused the government of conducting a charade, of “using” or abusing this process “to force the expansion of this pipeline.”

Regardless of whether the new consultations are led by a former Supreme Court justice or Trudeau himself, Canada has already decided that the pipeline will be built, before ever talking to any of the impacted First Nations, including those that have asserted Aboriginal title. This renders our constitutionally protected Aboriginal rights meaningless. What legal value is the federal government’s constitutional obligation to consult, accommodate and obtain the consent of First Nations before taking actions that would impact our rights and title, if “consent” is interpreted as the right to say yes but excludes the right to say no? It makes no logical sense to interpret the law in such a way, especially to a constitutionally protected right.

Imagine if consent was interpreted this way in both the ordinary and legal understanding of the word “consent.” When a school sends home a permission form seeking a parent’s consent to allow their child to take a field trip, if the parent does not give consent, the school cannot allow the child to participate. Similarly, if a patient refuses to give consent to an operation to have their hip replaced, then the doctor cannot perform the operation. The absence of consent means no — in other words, a veto that has real legal power and meaning. Imagine if consent was interpreted in this illogical and diminished manner for sexual relations as it is for Aboriginal rights. Imagine if sexual consent in law meant that a man could consult with a woman on whether she wanted sexual relations, and was even willing to accommodate (“where appropriate”) her wishes about how to have sexual relations, but she had no right to say no — no veto over whether or not sexual relations occurred? That is called sexual assault and it is a crime.

The greatest injustices that have ever been committed against First Nations in Canada have resulted from denying the sovereign right of our Nations to say no. The right to have a real veto over infecting our blankets with smallpox; from scalping our people; from stealing our children and raping, murdering and torturing them in residential schools; sterilizing our women and girls; from the forced adoptions of our children into white families during the Sixties Scoop; to the murders and disappearances of our women and girls; to forced human trafficking and now the destruction of our lands and waters for profit.

The right to say no is an inherent part of the legal concept of consent. To interpret this concept otherwise is racist, discriminatory and self-serving, not unlike the doctrines of discovery and terra nullius. Surely, even the Supreme Court would not interpret their own decisions in such an impoverished manner. To do so would render Section 35 [of the Constitution Act, protecting First Nations rights] an empty shell of a constitutional promise.

The Burgundy Ribbon Rule

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BurgundyRibbonsCalPERS

Another rule, and for the time being, at least, I am happy* with the wording here: an abuse of asking almost always presents an abuse of power.

Take the case of burgundy affair at the public pension fund CalPERS, as documented by Yves Smith over at Naked Capitalism.

This past fall, documents obtained by Smith show, CalPERS CEO Marcie Frost “asked the CalPERS senior leadership team to wear burgundy to show their support for her” as she faced questions about representations she had made regarding her educational background before and after she was hired. Burgundy ribbons were set out in break rooms with messages urging the “Team” to wear one in a show of support. “No pressure and no problem if you do not want to do this,” the message reads, “it is completely voluntary.” Completely.

“This is obviously inappropriate,” writes Smith,

since a request made by a CEO is effectively an order. CalPERS executives and employees are civil servants, not Frost’s personal retainers. As an expert on managerial and political conduct reacted:

I don’t even know what category to put this in. A scandal-plagued boss orchestrating support by inventing gang colors and pressuring employees to wear them? What happens to the employees who don’t perform this ritual of fealty? Should they be polishing their resumés and practicing their swimming skills?

These incidents smack of underlying panic. Frost is working overtime to shore up her position as CEO in the face of fully deserved questions regarding her long history of misrepresentations about her background, which include committing perjury in Washington on a gubernatorial questionnaire. Not only is Frost pushing her subordinates far too hard to back her up, since they can only do so much for her and coercing them will diminish their good will, she is also showing a lack of a sense of professional boundaries….

Frost’s burgundy campaign may well have crossed the line into creating a hostile work environment. One senior staff member who came to the office and saw the “dress burgundy” request too late to comply issued a written apology. Similarly, when “asked” to wear burgundy to an offsite, one [employee] who wears only black and white felt compelled to buy a burgundy outfit to comply…

…word clearly got around quickly, including the notion that non-compliance was risky.

I am still fussing over the word “presents,” and I’ve considered “masks” and variations in that direction, as well as “declares,” “represents” or “signals.” That one abuse (presenting an order as a request) almost always carries the other with it — almost always, because I don’t want to get caught up right now in handling exceptions — is the essential thing.

You can read my other posts about asking here.

*Postscript: On reflection, I might prefer this much more straightforward and concrete formulation: when someone presents an order as a request, look for an abuse of power. That way, we don’t have to worry too much about motives, or figure out whether the person doing the asking is trying to get away with something. It falls to the person being asked to watch for abuse, and conduct herself accordingly. (Being asked for something, or to do something, turns the ethical spotlight on you, or at least requires you to share it with the person doing the asking. This is your moment.) In a case like the present one, and in most superior-subordinate relationships, calling out abuse may be impractical. Subordinates will bury grievances, reluctantly comply, or pretend not to have been aware of the request. The subordinate’s dilemma in this case registers a failure of governance; a failure of governance at the highest reaches makes itself manifest at even the lowest levels and in the most trivial matters (the wearing of a ribbon). More immediately, presenting orders as requests hijacks power, creates distrust (after all, we can’t help but wonder about motives), and makes people prone to dissemble. All this thwarts collaboration, or the power to do things (to act) together.

Three Ways of Standing on Quicksand

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Here’s a drawing I made on the back of an envelope over breakfast this morning, to illustrate three ways of standing on quicksand: territorial rivalry, amoral transactionalism, and moral community or mutual standing.

Three_Ways_of_Standing_on_Quicksand

A First Note on Naim’s End of Power

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I didn’t read Moises Naim’s The End of Power when it was fashionable to do so a couple of years ago, after Mark Zuckerberg put the book on his recommended reading list. In fact, I am so unfashionable that I hadn’t heard of the book until yesterday, when I came across a reference to it in an article in El Pais and was intrigued enough to download a Kindle sample chapter (the local bookstore didn’t have a copy I could look over). I plan to continue with it, mainly to see what Naim has to say about cooperation, co-deliberation and joint commitment — themes I’ve been exploring in my posts on the power of asking.

So far, not much. Naim tends to present deliberation as a dissolution of power, instead of appreciating that there is power in it. He wants to remind us that the decay of power he’s documenting in this book can lead to stalemates and “ineffectiveness”; but he risks going too far in the other direction:

A world where players have enough power to block everyone else’s initiative but no one has the power to impose its preferred course of action is a world where decisions are not taken, taken too late, or watered down to the point of ineffectiveness.

There is not much patience in these opening pages for gathering as equals and talking things over, little appreciation that taking decisions together can be something other than head-butting, very little room at all here for co-deliberation (in the course of which players might veer, or would be open to veering, from their preferred course and adopt another course). It’s a world without much charity. Conversation and coordination with others — yielding or deferring to them — just delays or creates obstacles to action. Effectiveness is all. Order is a necessary and one-way imposition, for Naim, and the quicker order is imposed, the better. A world in which “no one has the power to impose” upon others, he warns, threatens to collapse into “chaos and anarchy.”

This, I gather, is one of the main arguments of The End of Power. The trouble I’m starting to have with it has to do with Naim’s Hobbesian view of things and his definition of power: “Power is the ability to direct or prevent current or future actions of other groups and individuals.” Look at those verbs. Power directs and prevents others: command and control. Or, look at the preposition Robert Dahl uses when he defines power in “The Concept of Power,” a paper Naim cites approvingly: “A has power over B to the extent that he can get B to do something that B would not otherwise do.”

Even in that sentence there is much to unpack, and, as I say, I’ve just cracked the book. But I am wondering if in subsequent chapters Naim will offer any consideration of power that is not power over others but power with them.

When Lily Says “No”

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Always take no for an answer is a cardinal rule of asking, I wrote in my first post on this theme. It’s a version of the golden rule that’s especially worth bearing in mind when making plans to collaborate or act with others, or just talking about what we are going to do.

While giving someone an order might be a way to delegate authority and raise her stature in a group, asking recognizes the authority and standing she already has. According this basic respect takes precedence over extracting promises and concessions or getting to yes in a conversation or negotiation, and unless another person can say “no” and have that answer heeded, she will never really be able to say “we”. “No” marks the spot where you stop and we begin.

In other words, taking no for an answer is not just about respecting others, but about respecting and caring for how things are between us (the theme of a post I wrote earlier this week) and for the sense of us we have. That sense of us is how we make up and maintain the social world together. When we ask someone to do something, or ask what we are going to do, we openly acknowledge that there is — or can be — a “we,” not just you and I, but a plural first person. Asking creates an opening. It puts us out in the open.

The philosopher Margaret Gilbert seems to be heading in this same direction when she remarks in passing: “successfully questioning someone involves entering a joint commitment with that person.”

Take a moment to consider the example she offers. Bob addresses Lily with the question, “Shall we dance?” And Lily answers, “Yes, lets!” From this point on, the usual Gilbertian scenario unfolds. Having expressed their readiness to enter a joint commitment — indicating “that all is in order as far as one’s own will is concerned” — Bob and Lily are now jointly committed to dance together.

Once they start dancing, or, actually, even before that, once Lily has said yes and as she rises from her seat, each will have to answer to the other in the event one of them violates the joint commitment, or at least Lily would be justified in complaining if Bob were to drag his feet, go outside for a smoke, or give in to sultry Melissa, who is beckoning with her eyes from the other side of the room.

Unfortunately, Gilbert never elaborates on what “successfully questioning someone” entails, or what might make it different from unsuccessfully questioning someone. On the surface, it looks as if Bob “successfully” questions Lily here because she says “yes” to his request: she accepts his invitation to dance. Bob and Lily have therefore reached an explicit agreement. But let’s not confuse successfully questioning someone with getting to yes, or confuse getting to yes with reaching an agreement. (It’s worth noting that for Gilbert, joint commitments don’t always entail explicit agreements. The way Gilbert puts it is: “everyday agreements can be understood as constituted by…joint commitments” [her emphasis]).

What if Lily says “no”? What if she rolls her eyes, or sticks her nose in the air? In that case, has something like an agreement been reached?

Maybe. As long as Bob takes Lily’s no for an answer, we can say he and Lily have agreed not to dance. Of course, Bob might not like our putting it that way. He might say he failed to get Lily to dance with him, but that might also go to show that he was not prepared to take no for an answer and regarded Lily’s consent as the only acceptable outcome. We might do better if we were to characterize Bob’s questioning Lily in terms of Lily’s responsiveness — on that score, both yes and no would count as success — or if we think about what Bob’s asking Lily to dance and Lily’s refusal puts between them, how it constitutes them as a plural subject.

Though not committed to dance together, Bob and Lily are not done with each other or free of shared commitments after Lily says “no.” In a very important way, their relationship has just begun. When one person addresses or flags the attention of another, with a question or a nod, the squeak of a chair or a sneeze, they “jointly commit to recognizing as a body that the two of them are co-present,” Gilbert writes. People mutually recognize each other in this way all the time, on queues and in coffee shops, in bookstore aisles and on city sidewalks. Here we are, a “we”. Asking helps get us there.

So even if Lily politely refuses Bob with a “no thank you,” or rudely brushes him off, Bob can take solace in the thought that he has successfully questioned Lily. Bob’s failed bid to dance with Lily commits Lily and Bob to recognize that the two of them are co-present, there in the dance hall. Bob and Lily now have a sense of us, even if Lily will never dance with Bob, and that sense — that relationship — will endure.

With that enduring sense of us between them, Bob and Lily are now jointly committed to Lily’s refusal as well. So if Bob were to order Lily or insist that she dance with him, or grab her by the arm and drag her to the dance floor, coercing her, Lily has every right to complain. And if the next time Bob saw Lily he were to pretend that she never refused him at the dance, he would be doing Lily wrong.

To Ask and To Demand

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I’ve been reading a little this morning about Pathological Demand Avoidance Syndrome. First described by child development psychologist Elizabeth Newson, PDA is a pathology on the autism spectrum characterized, as its name suggests, by avoidance of the normal demands of everyday life: things like getting dressed, going to school, eating one’s cereal, and so forth. It’s not procrastination: the avoidance is not of the task but of the demand, which is met not just with anxious defiance but with all sorts of socially manipulative behaviors (some of them charming) as well as violent outbursts.

I suspect that this diagnosis and its treatment will have lots to teach me about what I’ve been calling — not without misgivings — the power of asking. I’m also hoping that Newson’s work and other research on PDA will shed some light on the question Marc Tognotti put to me in an email after I posted my notes on Austin and Asking: namely, whether we can talk coherently about demands as a kind of asking. I’ve been satisfied with making rough equivalences between the terms, and in an earlier post I’ve even managed to cheat the idea of moral claims into the word “demand.”

Marc countered that he was surprised that I included demands in a discussion of asking and that there is a difference between demands and requests (or asking someone to) that’s probably worth maintaining. In short, to talk about demands and asking in the same breath confuses things, he says, because demands are more akin to commands or coercion than requests.

I admit there’s a lot here to sort out, including questions about the kinds of authority, moral or otherwise, we need to make commands, demands and requests. For the time being, I’m taking refuge in the etymological roots of our English word “demand” in the French demander, and I’ve also found some shelter in the Oxford English Dictionary, which lists “to demand” among the definitions of ask. But none of that will do for very long. It might be nothing more than an avoidance strategy.

Still, I think it’s clear that the verb ask can be used exercitively — to exercise power, and that using the verb ask in that way can be (let me put it this way for now) pretty much like making a demand: “I ask that you take your hands off me.” “I ask you to respect my rights.” “I ask you to come forward, so that you can see this for yourselves.” Maybe those examples are a little clunky and formal, and I admit that the last one can be construed as invitation rather than a demand. More importantly, I don’t want to limit the “power” that I am talking about here to the making of demands or even the kind of asking that is pretty much like a demand. Ultimately, I am more interested in the way that asking — or serious conversations about what to do — can give people an equal share in power.

I still have a lot more reading to do before I can tie all this back to PDA, but I’ve managed to grasp the basics. People with PDA experience demands as a complete loss of control: powerlessness. They feel coerced, not asked to or whether they would. Even the most trifling demand seems to eclipse their will. In this diagnosis, demands are more like commands, less like asking or the start of a conversation about what to do. Even the simplest request or suggestion can be mistaken for an order and resisted.

One parent of a child with PDA reports that her child misinterprets “everything as a demand” being shouted at her; and to overcome the child’s pathological demand avoidance she and her husband “always try to phrase demands in a way that offers…choices and we are always prepared to negotiate.” Many boundaries too, have to be negotiated, even when it’s a question of what’s safe or lawful, so that the child “feels that it is either her choice or is open to negotiation.”

Of course it’s deceptive, a manipulation to give the illusion of control and preempt the child’s manipulations. It’s not a serious conversation; it’s power play: the parents engage the child in mimicking the very real power we share when we have choices to make, nobody is in charge and nothing is settled. And that is what these children seem to want, but only because that gives them a chance to take back control.

Postscript: some readers have found my last paragraph controversial or just wrongheaded. Please take a moment to read the comments on this post from parents of children diagnosed with PDA.

Serious Conversations, 7

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In these notes on serious conversations, I keep circling back, it seems, to two ideas: first, that what makes a conversation serious is not its subject matter or tone, but the stance of its participants toward each other; and, second, that the conversational stance requires that we confer a certain authority on our interlocutors, or (to put it another way) recognize that they have standing to address us.

While other kinds of authority — title, rank, role — are of secondary importance, and can sometimes even get in the way, this moral authority or standing is fundamental. It does not have to be earned, proven or ratified by reference to some person, written instrument or record of accomplishment outside the conversation or by institutional set up. It is constituted and realized in the relationship you and I have — or, if that is just too clunky, let’s say it is the relationship you and I have; and it is sufficient authority for a serious conversation because it makes us mutually accountable to each other.

Where this equal human stature (or dignity) is respected (and appreciated), it can be a source of power: not just the power of one over another, but the power to make claims or demands of each other, or to ask and answer, and this power of asking is essential if we are going to deliberate in earnest about our situation or collaborate on something new.

The conversational stance allows for genuine co-creation, because it’s not founded on subordination or one person ordering the other about. And the capacity for co-creation, the creative power that we share, only increases as we include more people in the circle of the conversation. (Of course there are limits: the research on group size and social complexity Dunbar summarizes suggests the circle probably should not widen beyond 150 people.)

I’ve tried to capture this thought in a simple rule: the power of asking will always be greater than the power of command.

That’s the basic position.

Another way to put the same thought might be in terms of the mechanics of ordering versus asking: whereas in the former we have one person directing the will of another, as we might address a short-order cook, in the latter we direct each other’s wills, so that we are, to stick with the metaphor, chefs in our own kitchen.

Of course the usual caveat applies about too many cooks spoiling the broth, I guess, but let’s also remember that people have different talents, training and competencies, and we can worry about how to order and organize ourselves once it comes to the actual cooking. Right now we’re just having a conversation.

Let’s also acknowledge, while we’re at it, that short-order cooks are models of industrial-era efficiency (but no longer efficient enough for the post-industrial fast food kitchen); gains in co-creativity can and probably will translate to losses in short-term efficiency.

Some concessions on one side or the other will probably have to be made, but too often the proponents of efficiency win without any argument, and people start giving orders or setting out plans for what’s to be done before the conversation even has a chance to get started. That’s when all the real power goes out of the room.

“It Is Claiming that Gives Rights Their Special Moral Significance”

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This passage from Feinberg’s “The Nature and Value of Rights” (here’s a Google books link ) helps me to frame and think further about what I said in my previous post on John Ruggie and respect, so I want to set it down here as a kind of postscript.

Where I used the word “demand,” which carries some sense of asking (like the French demander), and talked about respect as something we “ask” of others, Feinberg settles on the more legalistic “claim,” and most writers follow him. I can probably do the same and allow his work to inform what I have to say about “the power of asking.”

Claims are, after all, a kind of asking, a crying out (cf. Latin clamare); they call for an answer, and I think this becomes tolerably clear later on in the same essay, where Feinberg talks about “valid” claims; and in the passage below, where Feinberg offers the thought that  that “‘human dignity’ may simply be the recognizable capacity to assert claims.”

I would probably want to flip that point around or jostle it a little, to emphasize the role of recognition and the critical role second persons play in recognizing the dignity of first persons. If “it is claiming that gives rights their special moral significance,” then it’s fair to suggest that “moral significance” is something mutually created by those who make claims and those who recognize them, or at least recognize another’s capacity to make them.

Even if there are conceivable circumstances in which one would admit rights diffidently, there is no doubt that their characteristic use and that for which they are distinctively well suited, is to be claimed, demanded, affirmed, insisted upon. They are especially sturdy objects to “stand upon,” a most useful sort of moral furniture. Having rights, of course, makes claiming possible; but it is claiming that gives rights their special moral significance. This feature of rights is connected in a way with the customary rhetoric about what it is to be a human being. Having rights enables us to “stand up like men,” to look others in the eye, and to feel in some fundamental way the equal of anyone. To think of oneself as the holder of rights is not to be unduly but properly proud, to have that minimal self-respect that is necessary to be worthy of the love and esteem of others. Indeed, respect for persons (this is an intriguing idea) may simply be respect for their rights, so that there cannot be the one without the other; and what is called “human dignity” may simply be the recognizable capacity to assert claims. To respect a person then, or to think of him as possessed of human dignity, simply is to think of him as a potential maker of claims. Not all of this can be packed into a definition of “rights”; but these are facts about the possession of rights that argue well their supreme moral importance.

What Do Women Want? What They’re Asking For

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Sasha Galbraith has a piece on Forbes today about Megan Brown, who launched a company called HatchedIt — a social calendar app, for planning, managing and coordinating events with friends and family. Much of it reads like a press release, a fluff piece about an entrepreneurial Mommy blogger, ripe for the kind of satire that Paul Rudnick dished out in The New Yorker last week. (But not, I should note, before Ruth Fowler beat him to the punch.)

What caught my eye was the title (“Lesson From a Woman of Wall Street: Ask For What You Want”), which promised to say something about asking; and what redeemed the article and kept it from being all fluff was Brown’s account of her rise through the male-dominated ranks of finance and her mockery of the “empty suits” with whom she used to work: “they all use a bevy of analogies like, ‘We all need to be rowing in the same direction’ and ‘picking the low-hanging fruit.’ You can’t understand anything they’re saying, but all the other men think they sound brilliant.” So here, I thought, is a woman schooled in the workings of power and language in the world of business.

For Brown, asking is something men expect; but it’s not something women do:

I also think there is a different way to manage men than you manage women… Men respond differently. I have to remind myself when dealing with a man, you need to be direct; you need to ask for what you need upfront; and you need to not be embarrassed or apologize. It’s a skill set that took me a long time to really understand in finance and I had to learn quickly to ramp up my career. But if not for those experiences, I don’t think I would understand that now, especially as we are looking for funding and partnerships, you really need to ask for what you want. And for a lot of women [in any industry or situation], that’s challenging.”

The trouble with this advice is that it rehearses stereotypes Brown probably learned from hanging around those empty suits. As research from the organization Catalyst shows, “it’s simply untrue” that women don’t ask.

For example, by looking at the career paths of over 4000 MBA grads from around the world, Catalyst found that women were more likely than men to ask for a variety of skill-building experiences and to proactively seek training opportunities. And we also found that women and men negotiated for a higher level position or greater compensation during the hiring process for their current job at equal rates.

Women do ask –but get little in return. Equally skilled men advance farther and more quickly than their female peers. In fact, we found that the $4600 pay gap that starts from day one grew to more than $31,000 several years down the track—even when women asked.

The Catalyst study concedes that “women who toot their own horn do get ahead –and are happier at work too,” but tooting your own horn is not really the same as asking. The issue is that when women ask, their requests are not being met. In a Washington Post article, Catalyst researchers Nancy Carter and Christine Silva point out that “people routinely take a tougher stance against women in negotiations than they do against men” and that talent management systems can be biased against women.

If entrenched sexism in the business environment affects everything from how women are received when they ask, to what they think they can ask for, as well as ideas of what power looks like, how it’s created and how it’s shared, then it might conceivably prevent some women from asking for what they want, or make it seem “challenging” to do so, as Megan Brown says. But I’m afraid that merely advising women “to ask for what you need upfront” is a bit like telling them they just have to lean in.