Tag Archives: power

Rorty on Threats vs. Offers

This passage from Richard Rorty’s Pragmatism as Anti-Authoritarianism resonates with some of the posts I’ve written about orders vs. requests, consultation and non-coercive practices, and what we are doing (or what we should do) when we ask someone to do something. It seems even more relevant now than when the lectures included in this book were delivered (in the 1990s), especially that last paragraph.

…[T]he only notion of rationality we need, at least in moral and social philosophy, is that of a situation in which people do not say “your own current interests dictate that you agree to our proposal” but rather “your own central beliefs, the ones which are central to your own moral identity, suggest that you should agree to our proposal.” …To appeal to interests rather than beliefs is to urge a modus vivendi. Such an appeal is exemplified by the speech of the Athenian ambassadors to the unfortunate Melians, as reported by Thucydides. To appeal to your enduring beliefs as well as to your current interests is to suggest that what gives you your present moral identity—your thick and resonant complex of beliefs—may make it possible for you to develop a new, supplementary moral identity. It is to suggest that what makes you loyal to a smaller group may give you reason to cooperate in constructing a larger group, a group to which you may in time become equally loyal, or perhaps even more loyal. The difference between the absence and the presence of rationality, on this account, is the difference between a threat and an offer—the offer of a new moral identity and thus a new and larger loyalty, a loyalty to a group formed by an unforced agreement between smaller groups.

…any unforced agreement between individuals and groups about what to do creates a form of community, and will, with luck, be the initial stage in expanding the circles of those whom each party to the agreement had previously taken to be “people like ourselves.” The opposition between rational argument and fellow feeling thus begins to dissolve. For fellow feeling may, and often does, arise from the realization that the people whom one thought one might have to go to war with, use force on, are, in Rawls’s sense, “reasonable.” They are, it turns out, enough like us to see the point of compromising differences in order to live in peace, and of abiding by the agreement that has been hammered out. They are, to some degree at least, trustworthy….

If we cease to think of reason as a source of authority, and think of it simply as the process of reaching agreement by persuasion, then the standard Platonic and Kantian dichotomy of reason and feeling begins to fade away. That dichotomy can be replaced by a continuum of degrees of overlap of beliefs and desires. When people whose beliefs and desires do not overlap very much disagree, they tend to think of each other as crazy, or, more politely, as irrational. When there is considerable overlap, on the other hand, they may agree to differ, and regard each other as the sort of people one can live with—and eventually, perhaps, the sort one can be friends with, intermarry with, and so on. To advise people to be rational is, on the view I am offering, simply to suggest that somewhere among their shared beliefs and desires there may be enough resources to permit agreement on how to co-exist without violence. To conclude that somebody is irredeemably irrational is not to realize that she is not making proper use of her God-given faculties. It is rather to realize that she does not seem to share enough relevant beliefs and desires with us to make possible fruitful conversation about the issue in dispute. So, we reluctantly conclude, we have to give up on the attempt to get her to enlarge her moral identity, and settle for working out a modus vivendi—one which may involve the threat, or even the use, of force.

CEOs Are Not The Policy Leaders We Need Right Now

No distancing at Trump’s declaration of national emergency. CEOs are too close for public comfort.

Mike Lindell, better known as the My Pillow Guy, probably cut the most absurd and alarming figure among the CEOs standing with Donald Trump at his March 31st coronavirus press conference. A TV huckster and a religious zealot, Lindell declared from the White House podium that Trump had been elected by God’s grace, and he promised that his “uniquely positioned” and “empowered” pillow company would soon be producing about 50,000 cotton face masks per day. Though Lindell may have come off as a kook, it is hard not to appreciate the alacrity of his business pivot, and there’s no doubt we’ll need more face masks on the market, especially now that the CDC is coming around to the sensible view that masks should be essential wear.

Lindell’s outlandish behavior also draws attention to a disturbing pattern: the administration is trying to outsource the federal pandemic response to the private sector. This was the clear message when Trump declared a national emergency on March 13th, standing shoulder to shoulder with CEOs, not with medical or scientific experts or economists or seasoned administrators who know how to marshal government resources in emergencies. On Slate, Seth Maxon put it bluntly: “Trump Seems to Think a Bunch of CEOs Will Save America From the Coronavirus”; but maybe even that wasn’t blunt enough: Trump and the Trump administration have repeatedly made it clear that the federal government will not and should not lead the public health response; they are so callously laissez faire that they are abdicating the responsibilities of government, or handing the reins of government over to the private sector, while the states scramble for the resources they need.

The pattern has been in place for decades, of course. Now, we are reaping the whirlwind that anti-government ideologues and kleptocratic predators have sown since the 1970s. In some areas, the current administration has simply vacated government offices and diminished the administrative capacity of agencies; in others, they have allowed the private sector to direct and usurp the ordinary functions of federal government; and on nearly every public policy front, they defer to and entrust the public welfare — our common wealth, our public health, and our collective future — to CEOs.

This has been the case from the earliest days of this administration: in February of 2017, for example, Trump signed an executive order that allowed for broad regulatory rollbacks and, in a symbolic and premonitory gesture, handed the presidential pen to Dow Chemical CEO Andrew Liveris. Just one month later, then-EPA administrator Scott Pruitt handed Liveris another gift, when he announced the EPA would not ban the pesticide chlorpyrifos despite clear scientific evidence of its toxicity. Murray Energy’s Robert Murray had even greater influence, presenting the administration with a wish list — “an action plan” — that included pulling the United States out of the Paris Climate Accord and revoking the Clean Power Plan.

After Trump announced his intention to withdraw from Paris, Apple’s Tim Cook, known to the president as Tim Apple, said he could not step down in protest from Jared Kushner’s Office of American Innovation because he’d never joined it in the first place; but in February of 2019, he joined Ivanka Trump’s American Workforce Policy Advisory Board, along with Marillyn Hewson of Lockheed, Ginni Rometty of IBM, Walmart’s Doug McMillon, and Home Depot’s Craig Menear, among others. The board was formed to make sure “all Americans can participate in the opportunities created by the booming economy,” according to the president’s daughter; it’s unclear what they are doing — or if they are doing any policy work at all — now that the boom has gone bust.

It’s doubtful this board was ever meant to do any serious policy work, or that it could even if it tried. That’s not a knock on the participating CEOs. They may have joined with the best of intentions. There are CEOs today who sincerely want to do more to address social inequities and environmental degradation and are committed to the idea of stakeholder as opposed to shareholder capitalism. These are still aspirations, however, not business requirements, and they will remain aspirations without a major rethink and reorganization of the business enterprise. Meanwhile, CEOs have other, competing priorities, as well as a fiduciary duty to uphold. To the extent they must focus on short-term financial results, CEOs simply do not and cannot act primarily in the broad, long-term public interest — even if sometimes business and the public interest happen to coincide, as they might, at the moment, for Mike Lindell.

The C-Suite is not a public office and the CEO is not the model of public leadership we need.

The notion that success in the private sector makes someone suited for public office has been a source of endless mischief since at least the 1980s. People wrongly consider the president America’s CEO and the presidency a job; CEOs think they can be president; CEOs are celebrated as public benefactors and forward-thinking leaders, but it’s often hard to tell whether they are genuinely public spirited or just command an effective public relations campaign. All that makes a travesty of public service and public office and runs contrary to the public interest.

We should understand how we got to this failed state. That’s largely a story of the CEO’s rise to prominence with the financialization of the economy and of political reaction against broad public welfare schemes. The trend is toward privatizing the republic and hoarding the American future. We are confronted with “a philosophical position,” as historian Heather C. Richardson writes, “embraced by those who would overturn the active government that has presided over the United States since the New Deal.” In response to this attempted overthrow, we have to build a robust alternative, or at least do the work necessary to give future generations a head start on it.

A Brief Note to Close the Year

Having my research on the Boundary Waters reversal featured in a front page New York Times story ought to have been the highlight of my year. But whatever satisfaction I might have felt when the story ran back in June of 2019, or when some of the documents I obtained were cited in Congressional hearings, has now given way to more deeply felt concerns about the direction things appear to be taking and the inadequacy of my efforts to do anything about it, except, perhaps, to point to more evidence of corruption, undue influence, and administrative malfeasance.

Over the past year, my plans for a documentary film about the mischief I’d begun to uncover were sidetracked, and — who knows — maybe even fatally derailed by a complex paper chase, which at this point involves about a half dozen Freedom of Information Act requests and a pro-se FOIA lawsuit I brought. The detour is now the road. It happens more often than not. Maybe the best I can do, at present, is to keep following the story where it leads and report on what I find along the way.

With the outcome of my records requests and the larger project of which they are a part uncertain, and with other projects also needing my attention, I’ve got plenty to keep me busy. Besides, the frustration of my own plans counts for very little when you consider the bigger picture.

Having obtained a favorable legal opinion from the Department of Interior and put the kibosh on a planned two-year scientific study, the mining company and its government touts are charging ahead. In just the past few weeks, we have seen Twin Metals submit a mine plan to the Bureau of Land Management and the Minnesota Department of Natural Resources, and Republicans have worked together with Treasury, OMB, and the Executive Office of the President to strip language from the 2020 budget that would have funded a new study by the National Academy of Sciences. Representative Betty McCollum has asked the State Department to submit a report on how the US will meet its obligations under Article IV of the Boundary Waters Treaty of 1909 if sulfide mining in Superior National Forest should proceed; and Voyageur et al. v. US, the most serious legal challenge to the Twin Metals project, is ongoing. But right now the momentum appears to be with those who would refuse science, ignore history, and subvert the law.

On September 27 of this year, the Department of State informed me that a Freedom of Information Act request filed in November of 2018 will not be completed until April of 2022.

In this regard, the momentum around Antofagasta’s Twin Metals project describes what is by now a familiar pattern. Many aspects of this story fit the new mold of our dysfunctional politics. Two of my pending FOIA requests — one to State, the other to Interior — seek documents on the use of the United States embassy in Santiago, Chile as a business backchannel. We don’t know why or to what extent the State Department was involved in advancing the business interests of a Chilean conglomerate. Questions persist about Trump’s first nominee for ambassador to Chile — Andrew Gellert, a longtime business associate of the Kushners — and about the nominee who replaced Gellert after his nomination was quietly withdrawn: Leora Levy, a republican fundraiser and Trump campaign surrogate from Connecticut who donated $25,000 to Trump’s inaugural. The quid pro quo shenanigans revealed by the Ukraine fiasco suggest these foreign policy questions might be worth pursuing. With the State Department telling me that I should not expect any response to my FOIA request until April 2022, we may have to resort to reading the tea leaves of whatever Boundary Waters report the State Department releases in response to Congresswoman McCollum’s request.

We head into the new year with a lot of issues in this case still unresolved, and it’s not clear that resolving them — finding out the truth, or discovering exactly how this particular deal went down — will necessarily have much bearing on how things actually turn out. The destructive forces set in motion are not likely to be stopped or even slowed by some new fact or revelation — though there’s always the chance they might. Power may not now be “immune to truth-tellers”, as Dahlia Lithwick recently wrote, but the people currently in power are certainly impervious to truth, contemptuous of knowledge, and dismissive of evidence. The answer to their epistemological nihilism is not despair, or the fond hope that one day history will vindicate the truth-tellers (and on this point I depart from Lithwick). The answer, instead, is to reclaim and reconstruct power. That is the essential work of the next decade.

A New Boundary Waters FOIA Request

On Tuesday of last week, the Washington, DC-based organization American Oversight filed a Freedom of Information Act request regarding the decision to renew Twin Metals Minnesota’s leases in Superior National Forest, on the edge of the Boundary Waters.

This March 5th request is much broader in scope than the FOIA request I made back in January of 2017, which has so far yielded about five-thousand pages in documents, with more still to come. Slowly but surely, a picture is coming into focus. American Oversight’s question about “outside influence” can already be answered with an unequivocal yes:

Nonetheless, this new request promises to deepen our understanding of how Interior went about reversing Obama era protections for the Boundary Waters, at whose direction they did so, and why the matter appears to have been a priority for the incoming administration.

Three things intrigue me about American Oversight’s request.

First, it extends from January 20th, 2017 to the present. My request for documents from the Office of the Solicitor runs only to December of 2017, when the Jorjani decision was released. So the new request will take us up to the present, and include actions taken by Interior and USDA in 2018.

Second, American Oversight has asked for any communications on this matter from Jared Kushner and Ivanka Trump, from their official White House accounts and from their personal ijkfamily.com email domain, and from anyone using their personal email domain. This will help clarify the role Kushner, Trump, and the Trump White House might have played in the Boundary Waters reversal, and what connections, if any, we can draw between their rental of the Luksic-owned Kalorama mansion and the renewal of Antofagasta’s mineral leases. That may involve a foreign emolument. This aspect of the new request also promises to inform a broader American Oversight investigation into Jared and Ivanka’s roles in the administration.

Third, and perhaps most intriguing of all, American Oversight’s request zeroes in on an April 28, 2017 meeting with Wilmer Hale’s Rob Lehman at the Department of the Interior. I added this meeting to the Twin Metals timeline after discovering it on the calendar of Chief of Staff Scott Hommel (which American Oversight obtained back in June of 2018).

A look at the timeline shows that this was an especially busy period for Interior officials working on — or should I say with? — Twin Metals: on April 27th, in preparation for a meeting between Deputy Secretary James Cason and Antofagasta CEO Ivan Arriagada, Raya Treiser of Wilmer Hale forwards some background materials. Among them, the Waxman letter to Solicitor Hillary Tompkins that Interior would use as a blueprint. The very next day, Lehman comes to meet with Kathleen Benedetto, an 11AM meeting. Who else was in the room? We don’t know. We do know that right after that meeting Benedetto briefed her colleagues at the Office of the Solicitor. The purpose of the Benedetto briefing, according to Associate Solicitor Karen Hawbecker, was “to get some feedback from [Benedetto] on the options we’ve identified for reversing action on the Twin Metals decision.”

So by late April, the course appears already set. The options on the table were all for “reversing”; and as if to seal the deal, one week later, Antofagasta CEO Ivan Arriagada and his entourage arrive at the Department of the Interior for a first meeting. What was discussed on that occasion, and whether any assurances were given to Mr. Arriagada, remains unknown. The actions Interior subsequently took speak for themselves.

Palmater on the Right to Say ‘No’

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

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.

Renault’s Hedge

The Attorney General’s letter says that he is resigning at the president’s “request,” but that of course is a euphemism. He never had the choice of not complying, or negotiating a different outcome, as he would if this had been an authentic request. Reports say Sessions wanted to stay on at least until the end of the week, but John Kelly hustled him out the door.

It’s a common ruse to disguise orders or commands as requests. Turning the verb “ask” into a noun — “the ask,” “my ask” — is one form this abuse takes. The euphemistic use of “request” is another.  In my work on asking, I’ve given this euphemism a name: Renault’s Hedge, after Captain Louis Renault in the movie Casablanca.

Rick’s Cafe. Captain Renault, played by Claude Rains, tries to mediate between Major Strasser and the resistance leader Victor Laszlo.

The scene seems like a piece of stage business that brings together the film’s main characters for the first time, only to have them arrange to come together at a later date. But the whole scene is a carefully scripted and choreographed negotiation of “authority,” from the soldier’s salute (in recognition of Strasser’s rank) at its beginning to the polite bows at its end. Throughout, witticisms, pleasantries, good manners and the norms of Casablanca cafe society serve as a hedge against Strasser’s power of command. 

STRASSER : I should like to discuss some matters arising from your presence on French soil.

LASZLO: This is hardly the time or the place.

STRASSER: (hardening) Then we shall state another time and another place. Tomorrow at ten in the Prefect’s office, with Mademoiselle.

LASZLO: Captain Renault, I am under your authority. Is it your order that we come to your office?

RENAULT: (amiably)  Let us say that it is my request. That is a much more pleasant word.

LASZLO: Very well.

Renault and Strasser bow shortly.

The improbable thing, of course, is that Renault’s hedge works, at least well enough to end the standoff (and Laszlo is, at this point, no longer sitting but standing face-to-face with Strasser).

It works in part because the film presents Strasser satirically as a striver, a Nazi brute pretending to be a civilized European. It also works because Rick’s Cafe, like Casablanca itself, is a place where the authority of the occupiers can be contested (think only of the scene in which Laszlo leads the singing of “La Marseillaise”). Polite repartee is still possible here: Victor Laszlo can mock Nazi occupation and subjugation to German authority as a “privilege” he has never accepted, and take refuge in decorum (“this is hardly the time or the place”) when Strasser tells him he should like to question him.

At the same time, this recourse to civility is always fraught with jeopardy. Here, it allows Renault to soften Major Strasser’s order, and all but compel Laszlo’s appearance. Renault’s Hedge gives cover to a moral retreat.

Arendt on Enlightened Self-Interest

From the essay “On Violence” in Crises of the Republic (1972):

Nothing, unfortunately, has so constantly been refuted by reality as the credo of “enlightened self-interest,” in its literal version as well as in its more sophisticated Marxian variant. Some experience plus a little reflection teach, on the contrary, that it goes against the very nature of self-interest to be enlightened. To take as an example from everyday life the current interest conflict between tenant and landlord: enlightened interest would focus on a building fit for human habitation, but this interest is quite different from, and in most cases opposed to, the landlord’s self-interest in high profit and the tenant’s in low rent. The common answer of an arbiter, supposedly the spokesman of “enlightenment,” namely, that in the long run the interest of the building is the true interest of both landlord and tenant, leaves out of account the time factor, which is of paramount importance for all concerned. Self-interest is interested in the self, and the self dies or moves out or sells the house; because of its changing condition, that self cannot reckon in terms of long-range interest, i.e., the interest of a world that survives its inhabitants…. Self-interest, when asked to yield to true interest — that is, the interest of the world as distinguished from the self — will always reply, Near is my shirt, but nearer is my skin. That may not be particularly reasonable, but it is quite realistic; it is the not very noble but adequate response to the time discrepancy between men’s private lives and the altogether different life expectancy of the public world. To expect people, who have not the slightest notion of what the res publica, the public thing, is, to behave nonviolently and argue rationally in matters of interest is neither realistic nor reasonable.

Cary Wolfe on “Another Moral Vocabulary”

FridayStoopFocus

Friday on the stoop.

This is from Natasha Lennard’s 2017 interview with Cary Wolfe in The Stone:

On the one hand, rights discourse is Exhibit A for the problems with philosophical humanism. Many of us, including myself, would agree that many of the ethical aspirations of humanism are quite admirable and we should continue to pursue them. For example, most of us would probably agree that treating animals cruelly, and justifying that treatment on the basis of their designation as “animal” rather than human, is a bad thing to do.

But the problem with how rights discourse addresses this problem — in animal rights philosophy, for example — is that animals end up having some kind of moral standing insofar as they are diminished versions of us: that is to say, insofar as they are possessed of various characteristics such as the capacity to experience suffering — and not just brute physical suffering but emotional duress as well — that we human beings possess more fully. And so we end up reinstating a normative form of the moral-subject-as-human that we wanted to move beyond in the first place.

So on the other hand, what one wants to do is to find a way of valuing nonhuman life not because it is some diminished or second-class form of the human, but because the diversity and abundance of life is to be valued for what it is in its own right, in its difference and uniqueness. An elephant or a dolphin or a chimpanzee isn’t worthy of respect because it embodies some normative form of the “human” plus or minus a handful of relevant moral characteristics. It’s worthy of respect for reasons that call upon us to come up with another moral vocabulary, a vocabulary that starts by acknowledging that whatever it is we value ethically and morally in various forms of life, it has nothing to do with the biological designation of “human” or “animal.”

Having said all that, there are many, many contexts in which rights discourse is the coin of the realm when you’re engaged in these arguments — and that’s not surprising, given that nearly all of our political and legal institutions are inherited from the brief historical period (ecologically speaking) in which humanism flourished and consolidated its domain. If you’re talking to a state legislature about strengthening laws for animal abuse cases, let’s say, instead of addressing a room full of people at a conference on deconstruction and philosophy about the various problematic assumptions built into rights discourse, then you better be able to use a different vocabulary and different rhetorical tools if you want to make good on your ethical commitments. That’s true even though those commitments and how you think about them might well be informed by a deeper and more nuanced understanding of the problem than would be available to those legislators. In other words, it’s only partly a philosophical question. It’s also a strategic question, one of location, context and audience, and it shouldn’t surprise anyone that we can move more quickly in the realm of academic philosophical discourse on these questions than we can in the realm of legal and political institutions.

The Last Ask — A Look Back At Obama’s Parting Request, One Year Ago Today

It came as no surprise that an outgoing president would make the obligatory noises about “the peaceful transfer of power from one freely elected president to the next,” as President Obama did in his final speech, delivered in Chicago one year ago today. It was a theme used to quell fears and stifle protest, to give Trump “a chance to govern,” as both President Obama and Vice President Biden put it after the election, and it was offered as the reason former presidents and other politicians would overcome their appreciable dismay at the election’s outcome and attend the inauguration ceremony on the 20th.

Remember? You could not turn on a television, open a newspaper, or click on a mainstream news site in mid-January of 2017 without being told that on inauguration day we were going to witness power’s peaceful transfer. Very few people making these presentations went much further, at least publicly, to distinguish succession from transition, or talk in a serious way about power, how it is peacefully transferred, or to raise the questions of legitimacy and political authority that attend the transfer of power.

Those questions were, however, hanging in the air, like the dark clouds that would gather over the Mall on inauguration day, and over the past year, with the Mueller investigation and the current president’s daily demonstrations of unfitness for office, they have only grown more urgent and important. Considerations of power that were once the preserve of political theorists are now millions of people’s daily, top-of-mind concerns — as they should have been all along.

Obama’s Chicago speech did little to dispel the doubts and fears people had, and still have, about his successor; and it did not directly address the big question on nearly everyone’s mind that day, and every day since the 2016 election: what is to be done? After the abortive and misguided recount effort in November, the shameful but predictable acquiescence of the electoral college in December, and the first signs of trouble on the Russian front, the hope in early January was that the president would say or do something (what?) to change the course events had taken, or he would make some kind — any kind! — of intervention or call to action.

But this is precisely what Obama did not do. He talked about the forces threatening American democracy (income inequality, racial division, political polarization) which had brought us to this ugly juncture. He celebrated “the power of ordinary Americans” to bring about change, “to get involved, get engaged, and come together to demand it,” and the “power” (the word echoes throughout the speech) “our participation, and the choices we make” give to the Constitution. All this talk about the power of the people might have amounted to a kind of preemptive bid, made before the upcoming official ceremony transferred executive power to the loser of the popular vote. But the president never made that bid explicit, and turned deliberately away from asking people to take action.

In fact, when Obama presented the peaceful transfer of power as a “hallmark of our democracy,” and the remark elicited boos and shouts of “No!” — cries of resistance, threats of upheaval — he quieted them (“no, no, no, no, no”). By the fifth refusal, the crowd had backed down. What else could he have done? What would have happened had he assented, publicly, to that No!? Or if he had simply stepped back from the podium and let the tide of emotion roll over the crowd?

Over the past year I have often thought about how much hung in the balance at that moment, and how with a gentle reprimand the president took the crowd right back into the flow of his speech. He stumbled just a little after all those impromptu “nos,” but recovered balance by using his index finger to guide him through the phrase on the prompter: “the peaceful transfer of power.” Regaining his composure, he kept the crowd in check – and they applauded him. (We cannot imagine his successor doing the same, or even trying; it is much easier to imagine him inciting a riot.) He said he was stepping down to rejoin us as a citizen, but he had not yet let go of the reins. By the end of the speech, when the president issued his final charge or made what he called his “final ask,” the audience was roaring:

My fellow Americans, it has been the honor of my life to serve you. I won’t stop. In fact, I will be right there with you, as a citizen, for all my remaining days.
But for now whether you are young or whether you are young at heart, I do have one final ask of you as your president — the same thing I asked when you took a chance on me eight years ago.
I am asking you to believe. Not in my ability to bring about change — but in yours.
I am asking you to hold fast to that faith written into our founding documents; that idea whispered by slaves and abolitionists; that spirit sung by immigrants and homesteaders and those who marched for justice; that creed reaffirmed by those who planted flags from foreign battlefields to the surface of the moon; a creed at the core of every American whose story is not yet written:
Yes, we can.

The delivery was a little flatter than it had been in previous years. But who could not have been impressed, at the very least, by the rhetorical consistency the president had managed to achieve over the course of two terms in office? History rarely allows anyone — let alone a president — this measure of consistency, and the election in November of 2016 had marked nothing less than a violent historical rupture. This final ask didn’t acknowledge the cataclysm. It returned, instead, to familiar themes, central to Obama’s own biography, and situated the eight years of Obama’s presidency on the arc, or what he called “the long sweep,” of history that bends toward justice. This last ask was also a tell — one last public demonstration of President Obama’s leadership style. It took the form of a soft directive.

One year on, however, it’s difficult to say where this parting request, and the end of Obama’s presidency, left us. Was this last ask anything more than a feel-good exhortation? The president asked us not to do something, but simply to believe in our ability to do something. That might have been as far as he could go, there on that public platform, with emotions still raw from the election; and of course there’s a decent argument to be made that taking ourselves seriously as historical actors, people with the “ability” to bring about change, might be essential to disposing us to do anything at all.

At the same time, “Yes, we can” does not necessarily mean we will, or we ought, or even that we are doing what we can. There is a good distance to travel from believing in oneself as a person capable of doing to the doing itself. Setting intentions, planning projects, coordinating with others, anticipating consequences — all that still only takes us to the edge of action, as the Community Organizer in Chief must know. The great risk of political action comes when we apply power, when we move from can to will. Asking people to believe they can act, but not asking them to do anything in particular, might keep them temporarily from incurring that risk and rushing into the breach, but it also makes action seem like a distant possibility, not an urgent necessity.

We should hardly have expected the president to call for resistance, even if he shared the sense that something — but what, exactly? — had to be done. What he promised instead was redemption. The two could not be less different. If redemption assures us that We Shall Overcome, Someday, resistance plants its feet firmly in the present and declares, We Shall Not Be Moved. Resistance is mounted out of necessity. Strikes, sit downs, shutdowns, blockades, riots, raids — these actions were not always or primarily animated by some great faith in just outcomes, though that faith may have arisen in the course of the fight or helped sustain the fighters. People have made many gains by refusing and resisting power’s encroachments, by saying No, You Cannot long before they were able to believe in Yes, We Can. In many cases, things just become so intolerable, the long train of abuses and usurpations, as the Declaration has it, become so unbearable, that ordinary people feel they must stand their ground and resist.

We are living in that kind of moment. The current political crisis demands more than faith. We have to get to work. We should do so with the understanding that resistance, as the very word suggests, will help us push back against the forces intent on destroying the American democratic order, but it is not the extent or end of our power. It is, rather, the limit of theirs. This distinction matters, even though we are still in the thick of the fray. It invites us to think about near- and long-term commitments, and the nature of our power.

Our power is not at all like the power of command that was transferred — I won’t say peacefully, given all the damage that has already been done  — from one office holder to the other last January. It’s another kind of power. It’s the power we confer upon each other, not through official ceremonies but through the rituals of everyday life; it’s power we hold together, not just as individual rights holders with claims and grievances, but in the first person plural, as a “we.”

We realize and renew our power when we gather or assemble publicly. We may not have the power to issue directives or orders, but as the president reminded us, we can make demands – of those who hold political power (by voting, marching, practicing civil disobedience, and so on) and, just as importantly, of each other. We can deliberate what to do, coordinate efforts, and hold each other mutually accountable. There’s power in all of that – some power, maybe not enough all by itself to get us to the other side of this crisis, but some; and we have not done nearly enough to develop it, test its limits or discover its possibilities. (Instead, we have built and continue to prop up organizations and institutions that require its surrender.) Ultimately, it’s the power we need to govern ourselves responsibly and vigilantly, after we have put an end to current abuses and usurpations.

What should we do? This wasn’t the question for the outgoing president to put to us, but one for us to put to ourselves, and in this form: in the first person plural, and with that modal verb should (or ought) to highlight obligations and responsibilities, or right action. There’s not one answer to this question, or an end to its deliberation; nor will there be one solution to the crisis, such as the Mueller investigation, a medical diagnosis, the emoluments clause, the 25th Amendment. None of those things alone will do it, because “it” goes (way) beyond removing an abusive and corrupt authoritarian and his cronies from power. “ It” is up to us, because ultimately it comes down to reclaiming and realizing self-governance.

Every refusal, however small, to yield to authoritarian attention-stealing, rule-breaking and administrative sabotage will help safeguard our authority to govern ourselves, just as every act of decency and respect, no matter how small, will count as a victory against the moral coarsening we have undergone over the past year. Obama himself made this last point a couple of weeks ago in an end-of-year, schmaltzy Twitter thread of “stories that remind us what’s best about America” and demonstrate that “each of us can make a difference, and all of us ought to try.” Yes, we ought.