Human self-righteousness and justice do not naturally go together. When they are combined by force, the result is usually neither righteous nor just.
We are living in a time of moral confusion caused by the forcing together of self-righteousness and justice. Here is my anecdotal evidence:
The past few weeks have been enlivened by the release of the 'torture memos' created during the Bush administration. A large part of the 'to prosecute or not to proscecute' angst has centered around the definition of torture itself. In addition to waterboarding, we have been told that slamming people into walls, face slapping and sleep deprivation are also torture. Such techniques violate international treaties, we are told, and could result in trials in international courts.
Well, fine. But what about the other torturers? For if the definition of toture now includes face-slapping, wall-slamming and sleep deprivation, thousands of men, women and children are tortured in this country every single year. Some are even subjected to 'simulated drowning,' their faces pushed into toilets.
Only they don't get to call it torture. For them it's only "domestic abuse."
I find this wearily interesting. If an alleged terrorist is subjected to the same torment in a government holding cell that thousands of other Americans quietly endure at home, it's suddenly torture. It's worthy of newspaper headlines and official Red Cross inspections. It must be investigated and debated by the finest legal minds in the land. It could tarnish whole nations and destroy powerful politicians.
But if my husband slams me against the wall in my own home, slaps my face and forbids me to sleep for nights on end, it's "domestic abuse." I'm supposed to call a cop.
If I can get to a phone.
Sorry, but to me that is not equal protection under the law. What is torture for a detainee cannot suddenly become 'domestic abuse' for everyone else. It must be considered torture for the men, women and children of this country as well.
But in a fit of self-righteousness some people have decided there are two kinds of slapping. Slapping detainees is torture. Slapping a wife, husband or child is not.
I am also told that this week the House has passed H.R. 1913, otherwise referred to as the Hate Crimes Prevention Act of 2009.
Let me be clear: I think ethnic, religious, and other bigoted forms of hate are wrong. I think committing violence due to such bigotry is disgusting.
But, barring psychosis, I never yet heard of any violent crime committed out of love. Rape, robbery and murder are never acts of love. They are at least acts of dislike, if not hate.
In their zeal to prove that our society despises bigotry, the self-righteous have decided that certain victims are more raped, more robbed, more dead if their rape, robbery or death was motivated by bigotry.
I believe that our society by and large does despise bigotry. But hate crime laws are not a way to stop it. They are a way to grow it. They create another group who can consider its members 'persecuted': those prosecuted under special Hate Crimes laws.
Does anyone doubt that misleaders like David Duke would miss the opportunity to leverage such a conviction for publicity and recruitment?
Prosecuting someone for their alleged motivation instead of their actions also opens the door to corruption on a frightening scale. How do you 'prove' what a person was thinking?
I'm reminded of a scene in the movie Witness. An Amish grandfather tries to warn his grandson away from handguns, saying they are only made to kill people.
"But I would only kill a bad man," says the grandson.
"Oh," says the grandfather. "And you can look into their hearts and see this badness?"
Better we should work harder at challenging and changing the bigotry- before it can figure into a crime.
Or do we want to do even that? One final anecdote to show how deeply we have confused ourselves. Kate Winslet won the Best Actress Oscar this year for her role in The Reader. She played Hanna Schmitz, an unrepentant Nazi guard. The entire film hinges on our developing some sympathy for Hanna. We are asked to pity her illiteracy, which supposedly led her to join the Nazis for the sake of a job. Never mind that she regards letting dozens of prisoners burn to death in a locked building as perfectly reasonable. She is young, she is pretty and she is disadvantaged. We must see that.
But as Hanna herself puts it at the end of the film: "The dead are still dead."
We just need to figure out what to call them.
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