Friday, April 24, 2020

The Battle between Coherence and Realism

Going through life as individuals and as a society, we constantly update our stance in regard to our philosophy of life as well as the worldview we hold of what we believe is happening around us.

If and when we fail to do this, we find ourselves lagging behind the others, and so we choose to catch up with them or choose to live in a bubble of anachronism that keeps widening the distance between where we stand and where we ought to be.

The reason why, from time to time, we stubbornly refuse to update our stance, is that we are programmed to prefer coherence over chaos. That is, every time that we change something in our system of beliefs, we feel the need to reconcile the change we took in with the core of what's already there to maintain coherence. But this also means that we need to alter the core of what’s there to accommodate the newcomer.

This causes the chaos that we dread, even when we know it will only last for a short period of time. Thus, depending on how well the core has served us, we prefer to hang on to it anachronistically, which means that we resist the change imposed on us by society for as long as we can.

Unless we are a young rebel going through that phase of life during which we thrive on chaos, we all reject most of the changes that come our way till we cannot resist anymore. We finally accept the inevitable reality that's around us, and work to reconcile the old that's a part of us with the new that's heaped on us.

However difficult such decisions may turn out to be for the individuals that have to make them for the self, they become even more difficult for those that have to make them on behalf of society. This happens mostly in the cultural field, such as the performing arts when a director is faced with the choice of preserving the integrity of the work as put together by the author of a bygone era, or tweak the work to make it conform to the demands of the time.

In fact, having to decide between the available options can be difficult to make everywhere you look in contemporary life where taste, fashion and woke considerations are deemed so important, they can give rise to lawsuits in some cases, even riots in the streets in other cases.

But the hardest decisions to make come in the field of justice. They fall into the lap of the Supreme Court Justices when the choice they must make is between the “originalist” interpretation of the Constitution, which is coherent by definition, and the “living Constitution” approach that seeks to impose an altered system of beliefs––which may be chaotic to the status quo––but coheres with the reality of contemporary life.

One such case was recently adjudicated by the Supreme Court of the United States with a surprise and a controversy that will be the subject of discussions for a long time to come. It was discussed by Kyle Sammin in an article that was published on April 22, 2020 in the online publication, The Federalist.

The article came under the title: “Three Lefty Supreme Court Justices Affirm Originalism In Unanimous Jury Ruling,” and he subtitle: “With three conservatives and three liberals signing on to the originalist ruling in Ramos v. Louisiana, we see more evidence that the 'living Constitution' school of thought is in decline”.

Because it is a complicated case, I cannot do justice condensing it into a paragraph. And so, I urge those who are interested in such matters to read the Kyle Sammin discussion of the case in The Federalist.

The surprise that the readers will encounter is that liberal judges came on the side of what is essentially a conservative choice. The reason for that is simple, but the beauty of it is that it widens the discussion with regard to the subject of having to make a choice between Constitutional Originalism and the principle of a Living Constitution. In this case, both the liberal and conservative judges came down on the side of preserving freedom as defined originally by the framers of the Constitution.

What this says is that when it comes to jurors and the Justices of the Supreme Court, they do not show absolute adherence to one school of thought or the other. Looking at the merit of each case, they discriminate between what is serious and what is frivolous. They reject the frivolous and make the best decision they can on what they consider to be serious.

Thanks to those jurors and Justices, there is a whole lot that can be said and will be said about this matter today and in the future.

On this occasion, the case involved the serious subject of freedom, and so the jurors as well as the judges after them––liberals and conservatives alike––did not hesitate to serve the cause of freedom above all other considerations.

If only the legislators could learn from them and display a modicum of sobriety.