Inversion of the Panopticon: I see you looking at me looking at you

As we flounder in the chaos of this nascent age of digital documentaries, the occasion has come to reevaluate two truism of bygone times.  First, Surveillance stimulates rehabilitation.  Second, The omniscient eye of Sauron, Big Brother, squelches freedom.  The tragedy/atrocity in Ferguson, and the government reaction, reveals the overlooked obverse of Bentham and Orwell.  Stepping back, it is interesting to observe that the proposal for the panopticon was born from optimism and trust in human nature. Public accountability and sufficient time to contemplate the Good News mends a broken, twisted soul. Conversely, Orwell sketched a dystopian Britain born of distrust of hominid's natural tendency to seek mischief and cause harm.  Left on his own, the life of an East End boy is solitary, poor, nasty, brutish, and short.  We continue to ignore the East End hominid's penchant for cave painting, ritual burial, and crafting jewelry (for now let's ignore the pregnant revelation that homo neanderthalensis made and wore make-up).

Turn the panopticon inside out.  The persistent surveillance of the jailer promotes justice, nay, liberty. No space evades the eye of the captive criminal so no abuse of authority goes unobserved.  Equilibrium.  Without hominids digitally recording the actions of the police in Ferguson, the death of Micheal Brown would be a mere twinkle of a star, ominous and quickly forgotten in a field of black.

In response, police departments across the country have invested in digitizing every moment of the work of police ("Nobody wants to be that cop from Ferguson").  Orwell forgotten, the justification cited is that complaints of abuse by police dramatically drop when they are accountable for each word and action.

Wittgenstein and the Law: 7th Circuit wins

House designed by Wittgenstein

After 20 years of reading Wittgenstein, I still don't get him.  I ask, "Why do I keep coming back to this guy?"  Perhaps because he was an aspiring architect; perhaps because he described footnotes as "some stupid details" (the bachelor's thesis he turned in had no footnotes); perhaps because he rejected Bertrand Russell's offer to write the introduction to the Tractatus; perhaps because he hid out in Norway when people irritated him.

Since we were talking about the 7th Circuit, it should be noted that the 7th Circuit holds the record for most references to "Ludwig Wittgenstein."  Judge Easterbrook has made much use of the philosophical work of Wittgenstein.  (see Continental Can Co. v. Chicago Truck Drivers, 916 F.2d 1154 (7th Cir. 1990))  This photo of Chief Judge Easterbrook in front of a print by Joan Miro seems appropriate.  Miro said, "The works must be conceived with fire in the soul but executed with clinical coolness."  Wittgenstein, likewise, was passionate, yet clinical in his analysis.  The purpose of philosophy is to "show the fly the way out of the bottle."

C.Judge Easterbrook & Joan Miro

When Philosphy and Literature Collide in Law

The joy of practicing law, as opposed to medicine (an activity I know nothing about, thus I can freely mischaracterize) is that your colleagues are avid readers and closet philosophers.  When the opposing counsel or the judge comes out of the closet, there is the potential for enlightenment... or, if you are in the courtroom, disaster.  A modern jury argument that relies on Henry V quotes to frame the issue of conspiracy or, worse yet, breach of contract, is as doomed as the French at Agincourt.

"Monkey and the Cat"

"Consideration, like an angel, came
And whipped the offending Adam out of him."
Henry V, Shakespeare

When not in the courtroom, literature and philosophy can be the best tools for efficiently framing complex issues.  For example, Judge Richard Cuhad's Westpoint education came through clearly when he wrote, "This case concerns the corrupt, Machiavellian world of permit parking at the University of Illinois's Urbana-Champaign campus." Brewer v. Board of Education, 479 F.3d 908 (7th Cir. 2007).  The late Judge Terence Evans responded in kind, showing off his liberal arts education from Marquette.  In, Staub v. Proctor Hospital, Judge Evans began the opinion by explaining the "cat's paw theory," adopted by Judge Cuhad in Brewer, derives its meaning from a 17th Century poem by Jean de La Fontaine (1621-1695).  The playful wit of Judge Evans deserves its own entry at the Edge.  (see discussion of "Ho" and "Hoe" in Bancard America, Inc. v. Universal Bankcard Sys.,Inc.,203 F.3d 477 (7th Cir. 2000))

But, while we are visiting the 7th Circuit, we cannot overlook Judge Richard Posner. Sticking with the classics, the English major from Yale succinctly explained that if the people of Athens could vote to execute Socrates, then people of Chicago can vote to withdraw the liquor license of Club Misty. (Club Misty, Inc. v. Laski, 208 F.3d 615 (7th Cir. 2000)).  They both had an opportunity to argue their case to those casting votes.

Stong Winds Blow Forever Marilyn's Skirt

In July of 2011, Chicago unveiled Seward Johnson's 26 foot tall Marilyn Monroe statue.  "Forever Marilyn," made of aluminum and stainless steel, recreates the famous scene in Seven Year Itch where Monroe coyly holds down her skirt against the disrobing forces of a street vent.  Critics of Seven Year Itch complained that the clip revealed too much bare leg.  Although the movie is a "dusty" classic, that one image of Monroe ranks with "Raising the Flag on Iwo Jima" as an icon of American culture. The allure, if not the power, of the image emanates from the act of concealment.  This tension between revelation and concealment is the essence of the aesthetic experience. As Heidegger discussed in The Origin of the Work of Art, the disrobing of an object reveals its Truth.  But, art is not concerned with Truth in the same way science studies the objects of the world.  The concealment of an object hides the Truth and opens a dialog with the audience as to the possibilies of meaning that may emerge from what is not seen.  Heidegger used "Old Woman's Shoes" by Vincent Van Gogh, As an example of the tension between revelation and concealment.  What is revealed in the painting is a pair of old and worn shoes.  Yet, much remains concealed. In other words, the depiction of the shoes raises many questions about what is not depicted: Who is the owner? What are they used for?  What are they made of?  Are they a a source of comfort in life of the owner? Are the shoes a source of pain and sorrow?

Van Gogh (1885)

The Heidegger flashback is necessary to raise my own critique of Forever Marilyn.  Transforming the still shot of Norma Jean into a three dimensional and larger than life statue undermined the power of the image; the statue reveals what had been concealed.  In the image, Monroe holds down her skirt.  Now, while shopping the Magnificent Mile, you can walk right under her skirt.

Where is Ai Wei-Wei?

Online.

In support of Ai Wei-Wei, his fans have rallied in a digital protest... in the NUDE.  Ai Wei's photograph, One Tiger, Eight Breasts has been deemed "pornography" by Chinese authorities.  When confronted by the police, Ai Wei said "Nudity is not pornography." 

As acknowledged by Justice Stewart in Jacobellis v. Ohio, 378 U.S. 184 (1964) (concurring opinion), defining pornography is difficult. Mere nudity would be harsh test for pornography since most people, other than some baptists, are born nude.  Some courts have proposed that nudity becomes pornography when it is created with an "intent to arouse."  See U.S. v. One Book Called Ulysses, 72 F.2d 705, 706 (2d Cir. 1934).  That may help a bit, but "intent" and "arousal" are also difficult concepts to define.

i

Manet Olympia (1863)

Titan Venus of Urbino (1583)

Going the other direction on the scale, consider the difference between being "nude" and "naked." This has been fertile dissertation material in the field of art history.  A classic contrast of the nude and the naked is found in the comparison of Titian's Venus of Urbino and Manet's Olympia.  In the juxtaposition of these two images, viewers have found two different modes of representing an unclothed female.  Foucault suggests that the difference arises from the nature of the gaze from and between the subject of the painting and the viewer.

Sexism in Advertising

I showed the Preakness ads to a colleague at Baylor who writes on feminism and pop-culture.  She said that she found a university summer session ad worse than "I get my Preak on with my Sorority Sisters."  The universty's ad features an attractive woman lying in the grass, without books, with the caption "Do it in the grass."  I have not been able to find a copy of the ad, but in my search I have found some other questionable ad campaigns.

An ad for Mr. Leggs slacks.  This ad fails on many levels.
But, Leggs for men was doomed at the drawing board.

• Sin City, a Queensland night club, is self-promoting with a contest in which the winner will receive breast enlargement surgery, valued at $10,000.00.  For the lawyers at the Edge, Sin City has crossed the line on a law that prohibits offering plastic surgery as a prize.
• Wayfinder GPS's ad in the Philippine Daily Inquirer (and other publications?) has the following copy: "Men would rather get lost than ask for directions; Women, well, they get lost even if they ask."
• Going vintage: Hoover "Christmas morning she'll be happier with a Hoover."; Chef Mixer "The Chef does everything but cook -- that's what wives are for!"; Del Monte ketchup "You mean a woman can open it?"
• QSOL.COM   print ad for their computer servers has a close up of a woman's face and the conciliatory statement, "Don't feel bad, our servers won't go down on you either."
• And, for those in Waco, Fat Ho Burger.

"I Yam What I Yam, That I Yam"

After playing around with Hamlet yesterday, I thought about how we often use quotations from writers and famous people to describe who we are, how we think, or what we are doing.  Maybe it is a fallacious appeal to authority or the idea that if someone got the words exactly right, why not reuse them.  Or, if our French Existentialist friends are right, the use of familiar quotes is a way (although mistaken) to be a participant in the universal condition of humanity.  After all, "being is what it is" as Sartre says.

A favorite quote from a cartoon.
from funny time

List-Day Wednesday Topic:  What are you favorite quotes or catch-phrases?


Here is my list:

1. "When the going gets weird, the weird get going."  Raoul Duke (HS Thompson)
2. "Seems, madame, nay it is.  I know not seems."  Shakespeare, Hamlet.
3. "Art happens"  James Whistler
4. "Good history, is history that we can use."  Nietzsche.  (This does not have a particular source.  After some research, I have discovered that this is a Nietzsche quote I have made up... but it is still my favorite saying from Nietzsche.)
5. "'To do is to be' Socrates, 'to be is to do' Sartre, 'Do Be Do Be Do' Sinatra"  Kurt Vonnegut

List-Day Wednesday = Superpowers

List-Day Wednesday went on holiday last week.  I was on a death march through Northern Italy and had only sporadic access to the Internet.  The grueling nature of travel (and my recent research on Mr. Magnet) inspired some fantasies about possessing the power to travel instantly from location to another.  If the Power of Transport is more than a mere mortal could handle, the simple power of "Instant First-Class Upgrades" would be much appreciated.  


The topic of superpowers is timeless (the ability to move through time would be cool).  Where there is a great power, there is both a good and bad use of that power.  The Ring of Gyges, granting the ability to turn invisible, provoked  such a discussion between Socrates and Glaucon.  Could you resist the temptation to satisfy your desires if you had the ability to be evil without consequence or punishment?

Ultivac, the forgotten supervillain, had the
power of telepathy... I would not want to
know what other people are thinking.

So, for this List-Day Wednesday, the topic is: What superpowers would you want to have?


As with any group project, a few rules are needed.  There will be a topic.  As far as the length of the list, I have given this some thought.  A list of One, is not a list.  Two to a list is too harsh: only first and last place.  The minimum entries shall be Three, and Three it shall be.  For the sake of brevity, Five will be the max.


Here is my list:
1) The power of instant transport (see above reference to the Italy death march)
2) The power of perfect espresso (this is probably a power that I will tire of quickly, but right now, in Waco, it seems very important)
3) The power to speak all languages (this would have prevented our being lost in Italy and the hostility that arose with our bus driver)

Philosopher Monkey and the Squirrel Revolt

"True knowledge exists in knowing you do not know."  
                                            -- Socrates

A recent report tells us that monkeys feel uncertainty and self-doubt. Once I thought about that conclusion, this animal-insight did not seem so surprising.  Self-doubt and uncertainty have to be key traits for survival. And, a little more self-doubt would benefit certain urban species such as squirrels, armadillos, and raccoons. When they reach the edge of a road, it would be great if they took an extra second to seriously ask themselves if they have what it takes to cross the road on this day, at this moment. Deer, on the other hand, need less self-doubt and a little more hutzpah. On the other hand, a common white-tail deer gives up too easily when it sees a car careening towards it. Laugh you holy white-tail, and jump out of the way.

Back to those monkeys... After the tests revealed monkey-hubris, the scientist commented,  "They seem to know when they don't know."  Philosopher monkeys indeed.

What lawyers, and clients, can learn from Socrates

This is Part 1 of a series that may, or may not, have additional parts.

Plato telling Socrates what to write... hmm.

When on trial for undermining the gods and corrupting the youth, Socrates defended himself, pro se.  From my brief observations in the courtroom, it is never a good idea to defend yourself.  And when you have the humility and good sense to accept a court appointed lawyer, listen to the advice of your lawyer, especially when she says, "I strongly advise you NOT to take the stand to testify against yourself."

Socrates was not offered state appointed representation, but Euthyphro, a "good" lawyer-friend of his, offered to help Socrates after he finished prosecuting his own father for murder.

So, Socrates went at it alone.  His first defense was not that unusual for a criminal trial: "They [the police and judges] are out to get me."  That was the defense offered by one guy I observed in court who ignored the advice of his lawyer and testified that the police have always been jealous of how good he was with the ladies.  The subsequent cross-examination on statutory rape was brutal.