Monday, September 28, 2015

To the Extent that Ayn Rand Makes Sense to Me

On a flight to Beijing last weekend, I, being myself, checked out the (female) cabin crew. I wasn't disappointed. One air hostess stood out from the rest. With a face your heart will palpitate for, she was also taller, curvier, and coyer.

She, however, was not the only aesthetic highlight of the flight. The other aesthetic highlight of the flight was reading Ayn Rand’s "Philosophy: Who Needs It". I bought the book 4 years ago but it made no sense to me then. I was not at all familiar with this Russian novelist/philosopher’s works (or anything philosophical, for that matter), other than knowing her allegedly pernicious influence on the former U.S. Federal Reserve Chairman Alan Greenspan in formulating monetary policy, and her superb mastery of the English language.

So who needs a philosophy? To answer the captioned question, Ayn Rand stated: 
“A philosophic system is an integrated view of existence. As a human being, you have no choice about the fact that you need a philosophy. Your only choice is whether you define your philosophy by a conscious, rational, disciplined process of thought … or let your subconscious accumulate a junk heap of unwarranted conclusions, false generalizations, undefined contradictions, undigested slogans, unidentified wishes, doubts and fears, thrown together by chance, but integrated by your subconscious into a kind of mongrel philosophy and fused into a single, solid weight: self-doubt…” (p7)
Rather than ‘need’ a philosophy, you already ‘have’ one. What you do need is a philosophic system under which to articulate your philosophy. The alternative will be “self-doubt”, and - so reasoning runs - lack of confidence, and ultimately, unhappiness. Just like my Cantonese.

But what is philosophy? It has 5 branches:
    1.  Metaphysics: the study of existence
    2.  Epistemology: the theory of knowledge
    3.  Ethics: i.e. morality
    4.  Politics: the principles of a proper social system
    5.  Esthetics: the study of art
Think philosophy is too abstract to be useful?
“…abstract ideas are conceptual integrations which subsume an incalculable number of concretes – and that without abstract ideas you would not be able to deal with concrete, particular, real-life problems. You would be in the position of a newborn infant, to whom every object is a unique, unprecedented phenomenon. The difference between his mental state and yours lie in the number of conceptual integrations your mind has performed.” (p6)
This must be epistemology. And this again makes sense to me. An incident at work can attest to this. When a manager tried to explain to me the accounting of a ‘cluster’ program under which different corporate entities distribute its profits. I looked at the ephemeron he wrote on the paper and had an epiphany, “Just like a partnership!” He nodded with approval, “A very complicated one, yes.” I must have some vague idea (i.e. abstract ideas) about the accounting of partnership to ‘subsume’ the concrete workings of the program thereunder.

So how to study philosophy? Ayn Rand advocates approaching philosophy as one approaches a detective story. “Follow every trail, clue and implication, in order to discover who is a murderer and who is a hero.”  One will not always find the immediate answers, but he “will acquire an invaluable characteristic: the ability to think in terms of essentials”.

To “think in terms of essentials”, one need to avoid the layman’s error of tending to “take the end result of a long sequence of thought as the given and to regard it as ‘self-evident’, or as an ‘irreducible primary’”.. And nothing is “self-evident” except the material of sensory perception.

This relates to me. An application in life will be: never take your so-called expert’s advice at face value. For example, when seeking legal advice, an intelligent client should be given the legal authorities - the ‘irreducible primary’ - upon which his advisors base their opinions. What they tell you to do is not, and should not be taken as, "self-evident". As the saying goes, "a fool and his money are soon parted." Only the gullible and the ignorant can't see the emptiness under the pomposity of their "experts" living off their clients' gullibility, ignorance and deep pockets. Likewise, when establishing the facts of a criminal case, the prosecution had better adduce direct evidence (e.g. CCTV record of a murder) rather than circumstantial evidence (e.g. a finger print at the crime scene).

But how about emotions? Are they ‘irreducible primaries’ upon which to base one’s course of actions? Ayn Rand thinks that an emotion is not a primary, but a “complex, derivative sum”. And it allows men to practice the “ugliest psychological phenomenon” of rationalization. A description of that process of rationalizing is “I can’t prove it, but I feel it’s true.” Men who rationalize “do not judge the truth of a statement by its correspondence to reality – they judge reality by its correspondence to their feelings.“ So self-help books that makes readers feel good about themselves by way of self-deceit, thus ‘judge reality by its correspondence to their feelings’ are, according to Ayn Rand, evil philosophical systems of rationalization. The cure is “introspection”, the conceptual identification of one’s inner states. 

Ever since I took up legal studies, I have grappled with reconciling two opposing conceptual integrations:  the difference between ‘feeling’ and ‘thinking’. Years of schooling taught me that thinking is the antithesis of feeling. The words of my high school math teacher still reverberates in my head, “When confronted with a problem, you will have some initial ‘gut feeling’ (感性认识) about it, but you need ‘rational thinking’ (理性思考) to prove that feeling.” But the boundary between the two may be blurred. For starters, when you see a word in interpreting a statute, do you ‘feel’ or ‘think’ about what it means? When the problem at hand involves a value judgment, a matter of tastes or personal preferences, it should be left to the democratic processes, as Justice Scalia would agree. The nitty-gritty of dealing with emotions, therefore, is to be absolutely honest about one’s feelings towards the issues: is it wrong, or you just don’t like it?

Starting to make sense of what was gobbledegook a few years ago is encouraging. It evidences my intellectual growth after I was done with formal schooling (from which I took pains to prevent interfering with my education!). Now that's called being "introspective", my friend.






Saturday, August 22, 2015

My Amateurish Impression of the American Judge Justice Scalia’s Jurisprudence

This summer, as Obergefell v. Hodges flooded social media with rainbows and kissing gays, it also became the first US Supreme Court decision I have ever looked at [1]. In this otherwise (expectedly) dull piece of legal opinion couched in forbidding jargons and headache-inducing (and eye-rolling) abstraction, that of some ‘SCALIA, J., dissenting’ caught my eyes with colloquial ‘huh?’, ‘really?’ and ‘whatever that means’[2]. Immersed in the studies of the English law for the past 2 years, I found the adoption of these phrases amusingly refreshing.

Hours of Youtube clips later, I learned that this American judge is truly a curiosity. A ‘conservative maverick’ may sound like an oxymoron in the UK, but it aptly describes Justice Antonin Scalia[3]. As the most conservative member of the bench, he is also the most polarizing. Many fear that his reactionary jurisprudence will return America to the dark ages.

His fundamental philosophy is simple. Judges are to decide what the law means, not to (re-)write it. The British, as I recall from my public law studies, call it 'the declaratory theory of law'. As an 'originalist', he believes that the Constitution means the same thing today as it did when it was written in the summer of 1787. As he quipped vividly, there is no living Constitution, but a dead one, much to the amusement of the young audience during a speech at Oxford. 

He wrote a book [4]  on statutory interpretation of the 'textualism' breed which dictates that judges should not distort the meanings of the text of the Constitution that the Founding Fathers could not have intended. This, according to Scalia, WAS orthodox until some professors came along and poisoned judges' minds with the seductive idea that the US Constitution is a living one and "changes from decade to decade to comport with the evolving standards of decency that mark the progress of a maturing society". "Like societies will only mature," Scalia indignantly said, "not rot!" The audience again lost it.

As he put it in Obergefell v. Hodges:

“This is a naked judicial claim to legislative—indeed, super-legislative—power; a claim fundamentally at odds with our system of government.”

Again, only in America would a conservative judge faithful to the original text of the law be the odd man out, rather than the norm. Scalia, in his signature wrath, claims that 9 judges effectively rewriting the Constitution is dictatorlike, as he opened his opinion with:

“I write separately to call attention to this Court’s threat to American democracy.”

The coherence of his reasoning I am not in a position to comment upon. Yet, some anecdotes are interesting. During the Q&A session at one of Scalia’s non-judicial speeches, a member of the audience questioned that, if textualism should be followed, then "We the People" in the opening words of the US Constitution would never include African Americans or women. How would you lawyer this absurdity away?

Scalia equivocated by talking (eloquently) about something else. 

Another asked, if the judges are ill equipped for decisions which should have been left to the people, why not hold a referendum every time such a decision is called for? 

Scalia said he didn't understand this question. Next please.

Finally, the always charming Scalia was at his weakest when he sheepishly admitted that it is no easy feat for people to change the Constitution. It would take only 3% of electorate to veto any such attempt. 

I have no doubt about Scalia’s sincerity. But sometimes I imagine Scalia lying awake in his bed late at night, with his beloved wife of 50 years in sound sleep beside him, ever harbors ANY second thoughts about his judicial philosophy. Even once? Maybe? When someone like Scalia spends their entire life espousing a cause, I guess, there will never be turning back. 






[1] Let me not abuse the word "read"!
[3] And Donald J. Trump in the political arena.
[4] Reading Law: The Interpretation of Legal Texts

Friday, August 7, 2015

Writing like a judge is DISGUSTING

Long sentences, complex structures, hard words only feel right in the hands of skilled English writers. 

But when an unskilled writer mistakenly thinks he too has mastered those advanced skills, he will risk making a fool of himself.

He will look like trying to speak a fake polished accent. 

In others words, he will be DISGUSTING.

Look at this CLOWN: