Monday, November 30, 2015

How to adjudicate a complex Dispute

Victor Davis Hanson wrote an article that is puzzling, coming as it did from someone of his caliber. Published on November 26, 2015 in National Review Online, the article came under the long title of: Progressive Faculty and Administrators Deserve All of the Blame for the Recent Unrest on Campus.

The point that Hanson is making – and illustrating with numerous historical examples – is that the adoption of liberal ideals breads the kind of radicals who turn against the liberals for not being radical enough. And this, he says, is what's happening at this time on America's campuses.

He expands on those ideas and comes to the following conclusion: Professors have privileged diversity over unity. Faculties focused on America's sins than its virtues. Both fixated on color of skin rather than content of character. The curriculum was watered down, standards were lowered and students appeased. Now they are reaping the liberal whirlwind that they alone have sown.

Had he written a short blog citing those historical examples, and had he gone from there to make the conclusion that he did, he would have written a praiseworthy piece. Unfortunately, however, he chose to go further than that and ventured into a realm where his analytic prowess fell short of his historical acumen. Sadly, this is what turned his work into a puzzle of dubious quality.

Here is the point at which he first got on the wrong track: “Will the University of California at Berkeley airbrush away the Chief Justice Earl Warren Institute on Law and Social Policy?” With this step, he opened the door for himself to wonder about the fate of other historical figures; people like FDR, Che Guevara, Margaret Sanger, Jesse Jackson, Al Sharpton, Robespierre, Trotsky, Lenin, Bill Ayers and Jonathan Butler – all of whom are either reviled or cherished by today's radicals.

The problem with taking that approach to discuss a situation of this nature, is that the approach contributes nothing toward the clarification of the subject matter or its solution – if solution is what's required. A better approach would have been to separate what constitutes legitimate demands made by the students, from what constitutes illegitimate demands. To this end, Victor Hanson could have set-up three rubrics under which the subject of equity would have been classified and given weight. The rubrics would have been these: proportionality, compromise and reversal.

An example in which proportionality determines who gets what is that of partners in a business who decide to break-up and go their separate ways. How to decide who gets what? To answer this question you take into account how much money each partner put into the company, and how much time each devoted to running it. Based on this, each partner will get an equitable portion of the business.

As to compromise, this is usually called for when there is no way to determine who was at fault in something like a traffic accident that has the markings of being an “Act of God.” In this case, the compromise takes the form of a 50-50 shared responsibility – which is the ultimate compromise. And the liabilities are shared accordingly.

Finally, there are cases in which a reversal is the equitable thing to call for. An example would be the reverse discrimination that the “Affirmative Action” program brings to each case. This approach is considered legitimate by most people as long as the intent and the implementation are considered restitution and not retribution.

That is acceptable because the descendents of those who lived at the expense of “others,” agree to forgo a few of the things they inherited so that the descendents of the “others” receive compensation for what their forefathers were deprived of, and had no chance to bequeath to their descendents. Justice is served this way.

With this under his belt, Victor Hanson could have looked at each item on the list of the grievances that were mentioned by the students, and determined under which rubric it should go. From there, he would have judged how to adjudicate each claim … and his judgment would have been wise and equitable.

Victor Hanson also wrote this: “The agendas of the leftist revolutionaries are usually incoherent … they seem [not to] offer a workable blueprint of reform.” Well, it is clear that Hanson himself has not done better.