Elusive Trope's picture

    Law and Order Liberals

    I think we can say that the vast majority of people, regardless of their political stripes, agree that a society has not only the right, but the necessity to develop rules and laws that regulate what individuals and groups can and cannot do.  The argument is over the nature and extent of those rules and laws.  Even most self-proclaimed anarchists and libertarians will conceded (at least in my experience) that there need to be a few basic rules by the society as a whole that need to be enforced by the society as a whole if it going to function (a big sticking point is who composes exactly that society, which decides on those basic rules and then enforces them).

    The point is that we are not arguing over whether there should be some kind of governmental police force, or whether there should courts of law, which hand down decisions of guilt and punishment, or whether there should be some body of governance which determines what those dos and do nots are, or in other words telling people what the limits of their behavior are.

    Instead we are argue over how the police force should go about enforcing those rules, over who are the guilty and the innocent, over what kinds of punishment should be given, and the manner in which the punished are housed and treated, over which governing body has the legitimacy to make decisions about what is considered right and wrong.

    One could spend the rest of one's life delving into these topics, writing about the nuances and reading others' take on those nuances, and basically never fully put one's one around the whole of the matter.  In the end, these topics go to the heart of what it means to be human.  They will inevitably confront one with such heady topics as the possibility of redemption, the nature of justice and the existence of free will and God.

    For most people, for most of their day to day lives, there is not much delving into the deeper reaches of these topics.  Regardless of their political stripes, of who they choose to vote for if they choose to vote, the issue of law and society is one of order and safety.  Society is given the responsibility to develop laws that define what is right and wrong and then the responsibility of ensuring that either people are prevented from doing the wrong thing or, if they do, in punishing those people appropriately.

    As long seem to be running smoothly, the deeper issues are not pondered, nor are the inner working of the system really questioned.  A key consequence of this that the state - whether it be the FBI, DEA, or FDA on the federal level or the local patrol officer driving by in his or her car are provided a fundamental legitimacy in the eyes of the citizens.

    This does not mean that these citizens believe corruption or incompetence doesn't exist, or that there are sometimes abuses, an over-reaching of authority that crosses the line.  It means that when these cases are brought to light there seen as an aberration.  Or for the more cynical among them, the best one can probably hope for.  Regarding this latter group, it can said when one looks at the long stretch of human history, what we have may not be perfect but one would be hard pressed to find an example of some society that did better at it.

    And this does not mean any of these folks would say that one should try to do better.  Or that one should take the “boys will be boys” approach and not seek to provide consequences (i.e. punishment) to those within the world of law development and enforcement who choose to cross some line that shouldn’t be crossed.

    What it does mean is that people believe that by and large the system itself is okay and that each citizen needs to basically play along with the rules of the game.  What this means is that if a patrol car flashes it lights and requests that pull over, you pull over – even if you believe sincerely at that moment you have done nothing wrong or if you believe that they pulling you over for illegitimate reason.  What you believe may be the case is irrelevant.  The reason for this is that if each citizen was given the authority to make their own call to heed the request to pull over or not, chaos would ensue.

    The system in this country works not only works because we assume each individual is innocent until proven guilty, but also because we believe the people operating the mechanisms of the legal system are innocent until proven guilty – that their behavior is driven by sincere intent to maintain the peace within the accepted limits of not only the law, but also of ethics.  We know that is not always the case, just as many of those who are arrested are not innocent.  And sometimes these assumptions allow for abuses to continue, just as allows sometimes the obviously guilty to go free.

    So what we are dealing with a system of law and order that isn’t perfect.  As a society we struggle to do the best we can with it, to improve it where we can and root out the “bad apples.”

    The point of all this, as the title states, is that there are many people who would be considered liberal in some general conservative-liberal test, but who on matters of law and order tend to side with, or have a proclivity to side with the effort to maintain law and order in society. 

    The television series Law & Order actually is one of the great cultural artifacts of American society.  Its enduring popularity reveals not just a fascination with the typical cops and robbers theme of so many tv shows.  It consistently confronted the issues raised over where the limits were both on the law enforcement side and then the legal side.  As far as popular culture offering out there, it did as good a job as any of not taking a particularly liberal or particularly conservative slant on any given topic.

    What it did do, however, was to make those who worked in whatever role on the law and order system as basically well-intentioned individuals.  In spite of their personal flaws, in spite of times where personal emotions got the best of them, in spite of times when loyalties made them blind to the facts, etc., they had the best interests of the people, the citizens, the society as a whole, at their primary motivation.

    The show was widely popular series in part because there were many of the liberals in this country tuned in each week to watch it and to continue watch it over and over again in re-runs on cable.

    There may be some of the regulars here at Dagblog who can guess where I am going with this. 

    The latest happenings in Oakland around the occupy movement puts into high relief what I have been talking about recently.  The Occupy activists in Oakland have disavowed the violence that occurred after the thousands were able to march and protest relatively peacefully.  (and the police didn't crack any skulls in the process). 

    One particular line in the linked story was:

    The street spasm that followed when about 200 people tried to take over a vacant building, however, raised questions about whether a movement with no organizational structure and no high-profile leaders can — or should — do anything to stop those they called troublemakers.

    I suppose I would say that if there is some debate whether "the movement" should try to do what it can to stop the troublemakers (including cooperating with the police), then the movement is going to suffer.
     

    Bob Norkus at the Occupy Boston camp said the riots didn't represent the broader movement and likely wouldn't have a lasting effect on it, either. The movement is still evolving and mistakes are inevitable, he said.

    It "has to be nonviolent, or else it will just end. We won't get the support," he said. "It doesn't mean you can't agitate people. But you can't also be breaking windows and burning."

    That support of wheich Mr. Norkus speaks is I believe in large part from the law and order liberals.  These folks do not respond well to images such as this:
     
    People speak of how OWS and the other occupy actions has changed the narrative in this country for the better.  And I would agree.  But there is really no one grand narrative.  The narrative is composed of zillions of smaller interacting narratives on individual and collective levels.  People respond to new text and images through pre-existing narratives.  A fundamental facet of those narratives, much of which is buried beneath the surface consciousness, revolves around issues of law and order.
     
    It isn't enough to simply state after the fact that there were rogue individuals or groups who don't represent the Occupy movement did this or that bad thing.  Those within the movement have to actively and aggressively define themselves both in words and actions in a way that makes it as clear as possible the violence that occurred most recently in completely and utterly unacceptable (along with the more minor smashing of windows and vandalism of small businesses, not to mention the big corporation.
     

    I find it discouraging that:

    The group released a statement Thursday night saying it doesn't support vandalism but would not take an official position until Friday's night "General Assembly" meeting.

    given everything that has already happened in Oakland, and the fact they organized a march on the corporations, along with an attempt to shut down a port, and they had not already come to any decision collectively about something like vandalism.

    Now they may not care one way or other of gaining and sustaining the support of the law and order liberals.  That is their choice.  But the larger issue is that the Occupy movement is seen as one movement.  The blessing and the curse is what happens in Oakland reflects on New York, what happens in Denver reflects on Atlanta.   This is the blessing and the curse of allowing the movement to unfold organically, by not having a defined leadership and mission.  Ultimately, so far given the much of the rhetoric coming from some of those in the movement, the actions of those 200 in Oakland was as much a part of the movement as the actions of the thousands who marched peacefully prior.

    It will be interesting to see how November 5th goes.   The fact that a number of the more visible protesters have embraced the "Vendatta" mask is troubling.  Creating actions of confrontations between protesters and banks/corporations when the non-violence and peaceful path of protest has not been fully embraced by the movement, where those who have no political intent but rather merely seek mayhem can so easily latch onto the actions, is a recipe for disaster. 

    The world is, indeed, watching.  Which means that the law and order liberals will be, too.

    Comments

    No surprise to regulars that I preferred The Wire:  OWS itself believes that the authorities are trying to, "keep the devil, way down in the hole," so they have little influence on the public: 

    Rule of Law vs. the Forces of Order

    Prior to the massive protests at the WTO in Seattle, protest policing in the U.S. was a largely casual affair punctuated with isolated outbursts of police misconduct. After Seattle, police departments embarked on a major rethinking of how to handle increasingly large and militant protests and, most importantly, how to handle the growing use of large coordinated direct actions. Without too much concern for First Amendment rights, police departments have tended to take one of two approaches and sometimes a bit of both.

    The first is the strategic repression of direct action movements in particular. Beginning with the Miami police’s aggressive response to the FTAA protests in 2003, many departments resorted to using surveillance, agents provocateurs and negative publicity before an event, followed by massive deployments, “less lethal” weaponry and restriction on protest permits, including the creation of isolated “protest pits.”
    ...

    The other approach has been to attempt to micromanage demonstrations in such a way that dissent becomes a tightly controlled and dispiriting experience. This is accomplished through the use of large numbers of officers, extensive restrictions on access to demonstrations through choke points, penning in and subdividing crowds with barricades, heavily restricting march permits, and making multiple arrests, sometimes using excessive force for minor violations.

    This latter strategy is especially common in New York City, which has an almost limitless supply of police officers (upwards of 30,000) to use for controlling crowds. During the Occupy Wall Street demonstrations, we have seen a gross overreaction to peaceful demonstrators engaging in minor violations of the law, such as using a megaphone, writing on the sidewalk with chalk, marching in the street (and across the Brooklyn Bridge), standing in line at a bank to close an account, and occupying a public park past closing hours.


    Reading the comments to the piece you link to is interesting stuff, and, I think, highlights the nature of the issue in which I am describing.

    And part of the police's role is controlling crowds, whether it is see a parade of returning champions in some sport or those gathering for a protest.  There have been definitely over-reactions by individual police officers, just as there have been over-reactions by the protesters. 

    My point is that law and order liberals are going into it giving the police some benefit of the doubt that they are trying their best to maintain order while letting people peacefully assemble and express whatever it is they want to express.

    In the end, one can point to this or that abuse in that city or during that time, but it is largely irrelevant to someone who is coming from that law and order perspective, looking at what actually happened that day.

    Here is a person's take on the day's event, the part that went peacefully.  (lots of good pics) If there were complaints about the police it was that they didn't intervene enough to arrest those who were stepping over the line and committing vandalism.   The police let them shut down the port.  They didn't go in and crack heads. Overall the experience it seems from what I read from people was that those who participated in the peaceful portion of the event found it to be the spiriting and uplifting event.  It was proclaimed by the organizers as a success.

    It is to be expected that the authorities in power will make certain efforts to undermine the ability of people to protest.  It walks a fine line.  I know plenty of liberals who drew the line of the anti-abortionists tactic of getting up into the grill of those seeking to get an abortion at a clinic, and to express their views.  They wanted the authorities to step in and stop the harassment. 

    When one looks at the work of some of the people who were either not of the same ideological mind-set of the peaceful Oakland protesters or were just out for some mayhem, one a crowd forms bad things can happen.  Should the caution be on the side of maintaining order or caution on the side of letting people do as they please (whether or not they claim it is an exercise of their free speech).

    And if the police step back, at what point do they step in when tempers start to flare?  How do they separate the "bad apples" from the "good apples?"



    And so this officer's action justifies everything that the protesters did afterwards? He covers his badge so someone can vandalize a small business that is part of the 99%? 

    Again all you saying is that if there some questionable or illegal acts on that side, then the other side cannot be critiqued in any way, that what questionable or illegal acts are to be given a pass.


    You're developing a really lazy habit of putting words in my mouth. All I'm showing is that the police don't look much like your idealized Law and Order fantasy world.


    I don't think I any way attempted to make the case that the idealized world of Law and Order is somehow the reflection of way things really are.  I am talking about perceptions, expectations, and assumptions on the behalf of people.

    Where I have argued that police don't abuse their power, that don't do actions which are questionable or illegal?  The law and order liberals I know all will admit, as I do, without hesitation these things happen, including at many of the occupy sites across the country.  You seem hellbent on trying to convince me of things I am already convinced of.

    Maybe you just find it inconceivable that someone can be critical of both sides, that one needs to sees one side as all good, without blemish, and the other as all bad, without redeeming value.

    It is funny that right now on the boob tube is an episode of Law and Order which focuses on some cops that killed an African American for driving in the wrong neighborhood incident and they end up getting the death penalty (something which I absolutely oppose by the way). 


    "Maybe you just find it inconceivable that someone can be critical of both sides ..."

    Who would that be?


    So now we're back to the obligation that if one is critical of both, then both of those criticism has to be contained within the same blog in equal measure?  Can I make this assumption with all of your writings?


    I'd stay away from assumptions if I were you.


    And I'd stay away from snide remarks if I were you.


    I'll make a deal - stop putting words in my mouth, and I'll stop calling you on it.


    I make no deals with people who assume I somehow need to be edjumucated on how bad the police can behave


    And Briscoe was accused of illegal searches among other crossing the lines. 


    I wonder how many Wall Street brokers have disavowed the financial violence done by their employers? Or is it enough to state after the fact that there were rogue individuals who don't actually represent the ideals of free enterprise, and did this or that bad thing?


    Keeping with the law and order liberals, I believe that as a group they are heavily in favor of more regulations and tighter restrictions on Wall Street.  They would also be in favor of law enforcement to step and haul  white collars criminals off to court and jail if they indeed broke the laws on the books.  These regulations and restrictions would be in part set up to help ensure that "economic violence" isn't committed. 

    The point is that if those who at this time wholly identify with the Occupy movement want to expand its support, to reach out to a wider audience in order to effectively change the ability of some to commit economic violence, there needs to be disavowing of the violent facet of the movement.  It doesn't matter that stock brokers don't disavow the economic violence done by others.  The law and order liberals will identify with neither.  They do not see it as either/or, us or them situation where there is the Occupy movement on one side and the economically violent cartel on the other.

    (it does seem that you saying that it is okay that they are some people out there utilizing violence as a means of protest because the other side is being violent in its own way- that two wrong make a right. )

     

     


    Mind reading is best left to Martians on old TV shows.

    My wife and I both enjoy Harry's Law, but I've noticed that on several episodes, the prosecutor presents a summation that seems awfully damning, then the defense attorney (Kathy Bates) presents a heartfelt, moving argument that sways the jury back again, and the jury says Awww, and comes back with a big Not Guilty. But I read a long time ago that the prosecutor is allowed to rebut the defense summation. Why doesn't that happen on television? Because the defense attorney is the star of the show. And since TV isn't real, they can show that prosecutor just sitting there, letting the jury slip away.

    I never saw Jack McCoy refrain from prosecuting someone because he might want to work for them some day. But that's essentially what Law and Order was really like on Wall Street. So while I would prefer that OWS stick by their non-violent principles, and find common ground with police and other union members, I find it a bit absurd that you and the MSM want to hold them to far, far higher standards of self-policing than anyone held a bunch of very privileged suits on Wall Street.


    One difference is that at the moment the privileged suits could care less what I think, whether I identify with them or not, or join them in doing what they do.  The OWS movement is asking for people to join them.

    And I am not asking that they police themselves.  I would expect them to cooperate with the law enforcement (which many have done) in order to deal with the bad apples.  What I am asking them to do is to make it clear, and to work their hardest in terms of what is within their capabilities to distance themselves from the bad apples.

    Ultimately, there OWS movement and its relationship with those who are less than peaceful, and the privilege suits and their running amuck are two different issues.  I speaking to the former, and not the latter.  The last time I looked here or elsewhere one is obligated to address all the facets of society when it comes to society in order to address one particular one.  I don't buy the argument that since Wall Street did this or that, then one cannot hold a critical eye to OWS movement. 

    At the moment, when a critical eye is turned to it, it would seem that the "200" were made to feel welcome.  And not just before this incident.  Watching all the folks running around with Vendetta masks talking up a revolution says that to me. As long as this crowd feels welcomed, then I don't. 

    There are over 7 million people in the Bay Area.  Having a couple thousand or so people participate in the march was a success, but it tells me that I don't think I am alone at this time in keeping my "distance" from it.  And let's remember that one is not going to find a more liberal area (maybe as liberal, but not more liberal) than the Bay Area. 

    So again this is not about what someone should or shouldn't do in the ultimate sense, it is about the movement expanding its base, and bringing in a larger swath of the public.  You or someone else may not care about that.  I'm just pointing out one facet of the reason that there may not have been as big as crowd as there was that day.


    Frankly, the Vendetta masks don't bother me any more than the head on a pike. An old TPM buddy posted this image on Facebook, and while it is very revolutionary rhetoric, when I read it point-by-point, it seems about right:

    I'm impressed that they are all out there doing something. They certainly weren't raised to expect this sort of thing.

     


    Just as I take it this didn't concern you either


    Well, they weren't unarmed, and their message was otherwise appalling.


    Most weren't armed, just a few here and there

    - but what you're saying is that implied threats of vigilante violence is okay as long you agree with their politics?  My vigilante is okay, but yours isn't?


    You have to do more than say, "pretty please."


    "with a cherry on top"?


    with a head on a pike.


    See below


    By the way, there has been an interminably long discussion on the Occupy NH site about whether or not the group should ask its members - even while recognizing everyone's 2nd Amendment right to be armed - to nevertheless voluntarily refrain from exercising that right and come unarmed to the encampment and general assembly.  Some folks in the libertarian/Tea Party contingent don't like this idea.

    This is one thing that turned me off about the Manchester group.  It's one thing to be around people spouting loud revolutionary rhetoric; and it's another thing to be around people who don't much like progressives; and it's even another thing to be around people carrying weapons.   But being around people spouting revolutionary rhetoric while not liking progressives much and carrying weapons is a bit too much for me.


    This is in part what concerns me about the open-endedness of the occupy movement, and the unwillingness of people to put limits on the borders of the protests.  If some anti-progressive, anti-wall street revolutionary with a gun wants to "occupy" something - well then isn't this just as much a part of the movement as the peaceful part of the Oakland march?  In the aftermath one can say - 'oh he or she doesn't represent what we stand for," but then it is too late. 

    The bigger picture is that what you want, what you claim as a fundamental right, goes for everyone - all political persuasions.  You can't claim it for just those who are nicely aligned with one's politics.  If it is okay me, then it has to be okay for the gun-totting libertarians who hate progressives, too. 


    I find it discouraging that:

    The group released a statement Thursday night saying it doesn't support vandalism but would not take an official position until Friday's night "General Assembly" meeting.

    given everything that has already happened in Oakland, and the fact they organized a march on the corporations, along with an attempt to shut down a port, and they had not already come to any decision collectively about something like vandalism.

     

    I don't see why you would find that discouraging.   The group has a democratic procedure for making decisions - the general assemblies.   In Oakland, I believe, these general assemblies occur on Monday, Wednesday and Friday.  There is no one in the group empowered to take an "official position" on behalf of the group until that position is determined in the general assembly.  That's all.

    From what I have read, there doesn't seem to be any doubt that they will produce a strong statement condemning and repudiating violence.

     


    What I find discouraging is that they didn't see the need to find their position on the matter prior to conducting such an action - both the marches upon the banks and the effort to shut down a port (which was obviously going to irk some of the workers on the spot because of the economic impact on their personal bank account) were rife with the potential for a few individuals going over the line.  I would have bet the family farm it would happen, especially given the bad blood after the crack down by police that didn't go so well.  And especially after what happened earlier with the police, the GA should have, in my opinion, sought to clarify exactly what is acceptable and not acceptable.  The fact that they didn't in the days leading up to the action can be said to have been the green light for the 200 to act as they did, having no direction.  They had a few GA meeting between the police crack down and this action to get it down.  If one wants to go the non-leadership path, fine, but it isn't an excuse when one is days later standing flat footed unable to take a position.


    Well fine, but you just changed your position.  That's not what you said  the first time.


    maybe it wasn't structured or worded the best - but I start the quote you pasted with "I find it discouraging" and end it with "they had not already come to any decision collectively about something like vandalism." So in my opinion that is what I said the first time.

     


     It just occurred to me that we don't have anything like the Roman forum for people to use.   Why aren't the cities' tax-subsidized sports and entertainment arenas more available for public gatherings?  


    It's a good question.  One which would bring up a host of other questions if a community went down that path - one of the big ones would be who would get to decide which groups get to use the facility when there is multiple requests?  Another would be: would there be criteria for who could or couldn't use the facility - e.g. religious groups, hate groups, groups seeking to profit from the sale of items at the event, and so on. 


    I would think the systems already in place for smaller public facilities would be sufficient.  Whoever signs up first gets the facility but with something the size of a sports arena, surely the space could be shared in some way. Even the main hall(?) of the Basilica Julia had three naves which were each large enough to share in some way.  

    I always think it best not to try to stifle any group's freedom of speech or peaceful assembly. Better to know what people are thinking and talking than to foster ressentiment and there are usually diplomatic ways for bookers to avoid dangerous combinations if they want to.


    I agee with you, but once tax dollars are involved - I just see a few people getting riled up about the KKK getting use of tax-subsided facility, or Neo-Nazis, or pro-life or pro-choice or gay marriage coalition or....


    Sorry, I don't see this as the way forward to a better society (but then again as I have said I am absolutely against the death penalty - being the liberal I am)


    It gives me a warm feeling all over.


    (speechless)


    {prayers answered}


    You were praying that I would stop responding in the comment thread and go to work on my next blog of insight and illumination?  Well, gosh, thanks.  It is nice to know and a source of deep encouragement to know that there people like you out there utilizing their mental and spiritual energies to seek divine intervention in order to ensure the next trope installment.  Bless you, my son. 


    /beginsprayingtoGodtobestruckdeadbeforeTropesnextantiOWSdiatribe

    I get it. Because if you're dead, then you'll be part of the spiritual world and being so before my next "diatribe" then you will be more in a position to move the 99% through a kind of spiritual subconscious to come to dagblog and read what I have written. Cool.  That's what I call sacrifice for the greater good.


    Yikes!

    Gentlemen, stand down, please. I trust you are all warm and in possession of heat and power? Me too, although my recent experiences give me a bit of perspective on what is or isn't important. It can happen to you, too, as far as I can tell. Most of us are probably one extreme weather event from disaster, (like Donal has been trying to tell us.)

    I'd guess that's a digression. Really, I just came by to tell people that the Cafe is looking like it's closing. Maybe a few of you want to say bye. I can't bring myself to. I suppose I've bigger fish to fry, yet felt kind of nostalgic for the company of smart, witty, ornery fellow travelers. I hope you're all holding on and at least treading water. I wish nothing but the best for everyone. All of you.

    =D

    Oh, I saw that Genghis is having a birthday? Wow! Happy Birthday, Mr. Mike! Here I thought he was hatched like me. It's not the first time I was wrong about something. 

    Be good to each other. See you.

    (Hugs) 

    Bwakkie


    Hey.

    Hope all is well. 

    But you do bring up a interesting slant:  aren't we all just arguing over what the most appropriate  perspective to take on matters.

    Sad to hear about the cafe.  It was a place in its time.  But all things transitory I suppose.  Oh to be the good Buddhist and let things go as a pond lets go a cloud's reflection as soon as it passes by.


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