December 21st, 2011

The Varieties Of Religious Experience (Melancholy)

There is an antagonism that arises between the healthy-minded way of viewing life and the way of viewing life that holds evil is a reality. To the person who knows evil exists healthy-mindedness is unspeakably blind and shallow. To the healthy-minded person the melancholy person seems diseased.

The method of averting one’s attention from evil, and living simply in the light of good is splendid as long as it will work. It will work with many persons; it will work far more generally then most are ready to suppose; and within the sphere of its successful operation there is nothing to be said against it as a religious solution.

But it breaks down impotently as soon as melancholy comes; and even though one be free from melancholy one’s self, there is no doubt that healthy-mindedness is inadequate as a philosophical doctrine, because the evil facts which it refuses to account for are genuine; and may be the best key to life’s significance, and possibly the openers to the deepest levels of truth.

Since evil is as genuine part of nature as good, the philosophic presumption should be that evil has some rational significance, and that healthy-mindedness, failing as it does to accord to sorrow, pain, and death any positive and active attention whatever, is less complete then systems that try at least to include these elements in their scope.

William James, The Varieties Of Religious Experience (1902)(edited by PAT).

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December 18th, 2011

The Varieties Of Religious Experience (Healthy Mindedness)

His favorite occupation seemed to be strolling or sauntering about outdoors by himself, looking at the grass, the trees, the flowers, the vistas of light, the varying aspects of the sky, and listening to the birds, the crickets, the tree frogs, and all the hundreds of natural sounds. It was evident that these things gave him great pleasure far beyond what they give ordinary people.

All natural objects objects seemed to have a charm for him. All sights and sounds seemed to please him. He appeared to like all men, women , and children he saw, and each who knew him felt he liked him or her.

He did not argue or dispute, and he never spoke about money. He always justified those who spoke harshly about his writings. He would not allow his tongue to give expression to fretfulness, antipathy, and complaint. He never spoke deprecatingly of any nationality or class of men, or against any trades or occupations-not even against any animals, insects, or inanimate objects, nor any of the laws of nature, nor any of the results of those laws, such as illness, deformity, and death. He never complained or grumbled either at the weather, pain, illness, or anything else. He never swore. He could not very well, since he never spoke in anger and apparently never was angry. He never exhibited fear, and he apparently never felt fear.

Walt Whitman owes his importance in literature to the systematic expulsion from his writings of all contractile elements. The only sentiments he allowed himself to express were of the expansive order; and he expressed these in the first person, not as your mere monstrously conceited individual might so express them, but vicariously for all people, so that a passionate and mystic ontological emotion suffuses his words, and ends by persuading the reader that men and women, life and death, and all things are divinely good.

Thus it has come about that many regard Walt Whitman as the restorer of the eternal natural religion. He has infected them with his own love of comrades, with his own gladness the he and they exist.

William James, The Varieties Of Religious Experience (1902)(edited by PAT).

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December 16th, 2011

The Varieties Of Religious Experience (Intuition)

[I]f we look at man’s whole mental life as it exists, on the life of men that lies in them apart from their learning and science, and that they inwardly and privately allow, we have to confess that the part of it of which rationalism can give an account is relatively superficial. It is the part that has prestige for it can challenge you for proofs, and chop logic, and put you down with words. But it will fail to convince or convert you all the same, if your intuitions are opposed to its conclusions.

Intuitions come from a deeper level of your nature than where rationalism resides. Your whole subconscious life, your impulses, your faith, your needs, your divinations, are your reality which your consciousness recognizes as truer than any logic chopping rationalistic talk, however clever, that contradicts it. The truth is that in the metaphysical and religious sphere, articulate reasons make sense only when our inarticulate feelings of reality coincide with our subconscious intuition.

William James, The Varieties Of Religious Experience (1902)(edited by PAT).

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December 11th, 2011

The Varieties of Religious Experience (Religious Reactions)

Religion, whatever it is, is a man’s total reaction upon life, so why not say that any total reaction upon life is a religion? Total reactions are different from causal reactions, and total attitudes are different from usual or professional attitudes. To get at them you must go behind the foreground of existence and reach down to that curious sense of the whole residual cosmos as an everlasting presence, intimate or alien, terrible or amusing, lovable or odious, which in some degree every one possesses.

This sense of the world’s presence, appealing as it does to our peculiar individual temperament, makes us either strenuous or careless, devout or blasphemous, gloomy or exultant, about life at large; and our reaction, involuntary and inarticulate and often half unconscious as it is, is the completest of all our answers to the question, “What is the character of this universe in which we dwell?

It expresses our individual sense of it in the most definite way. Why then not call these reactions our religion, no matter what specific character they may have? Non-religious as some of these reactions may be, in one sense of the word ‘religious,’ they yet belong to the general sphere of the religious life, and so should generically be classed as religious reactions.

William James, The Varieties of Religious Experience (1902).

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December 4th, 2011

The Varieties of Religious Experience (Personal Religion)

At the onset we are struck by one great partition that divides the religious field. On one side of it lies institutional, on the other personal religion. Worship and sacrifice…theology and ceremony… are the essentials of religion in the institutional branch. [Here religion is] an external art, the art of winning the favor of the gods. In the more personal branch of religion it is on the contrary the inner dispositions of man himself which form the centre of interest… [Here] the individual transacts the business by himself alone and the ecclesiastical organization, with its priests and sacraments and other go-betweens, sinks to an altogether secondary place. The relation goes direct from heart to heart, from soul to soul, between man and maker.

Now in these lectures I propose to ignore the institutional branch entirely, to say nothing of the ecclesiastical organization, to consider as little as possible the systematic theology and the ideas about the gods themselves, and to confine myself as far as I can do to personal religion pure and simple. Wlliam James, The Varieties of Religious Experience (1902).

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December 1st, 2011

Tragic Plot and the Personal injury Case

In posts under Personal Injury as Tragedy we discussed how a personal injury case is like a tragedy. Aristotle in Poetics teaches the phenomena of tragedy and the essential elements of a tragic play. Applied to a personal injury case we know we must have: a hero, who sustains adversity, does his best to overcome the adversity, but no matter how hard he tries he will never fully overcome.  The client is the hero. The adversity is the injury. Treatment is trying to overcome the injury. Not being able to fully recover is permanent injury.

This post adds to the series by introducing plot. To Aristotle plot is the most important element of tragedy.  According to Aristotle plot is bigger then the hero. Plot concerns how the universe works. Plot is universal truth. Plot is recognized as such by the audience (jury). In great tragedy they see the hero as a person like them subject to the plot. According to Professor Barbara McManus, Outline of Aristotle’s Theory of Tragedy, in Poetics:

Aristotle defines plot as “the arrangement of the incidents.” This is not the story itself but the way the events are presented to the jury. This is the structure of the trial. Personal injury trials that depend on a tightly constructed cause-and-effect chain of actions are superior to those that depend primarily on the plaintiff.  Trials that meet this criterion have the following qualities:

  1. The trial must be “a whole,” with a beginning, middle, and end. The beginning starts the cause-and-effect chain. In the beginning causes are downplayed and effects are stressed. The middle flows from earlier incidents and causes and effects are stressed. The end results from the preceding events. Here causes are stressed and effects downplayed. The end solves or resolves the problem revealed at the beginning.
  2. The plot must be “complete,” having “unity of action.” By this Aristotle means the trial must be structurally self-contained, with the incidents bound together by internal necessity, each action leading inevitably to the next. The worst kinds of trials are “‘episodic [where] acts succeed one another without probable or necessary sequence.” The only thing that ties the case together are events that happen to plaintiff. Events that occur to plaintiff must have a fated connection to the universal truth. While the lawyer cannot change the facts that make up the case, he “ought to show invention of his own and skillfully handle the traditional materials” to create unity of action in the trial.
  3. The trial must be “of a certain magnitude,” both quantitatively (length, complexity) and qualitatively (seriousness with universal significance). Aristotle argues trials should not be too brief; the more universal and significant the meaning of the trial, the more the lawyer can catch and hold the emotions of the jury.
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November 27th, 2011

Fourth Week of November-Giving

Recently I went to a local store, the type many shoppers were at on Black Friday. On Black Friday there were news stories of shoppers fighting one another to buy things. As Christmas approaches there will continue to be lots of shoppers, and more battles over merchandise.

When I was at the local store I noticed the Salvation Army bell ringer. There was no line for the Salvation Army money can. Only the bell ringer with rarely a person stopping to give.

Giving is still done. Giving will always be done. The Giving Tree story teaches how unconditional  giving makes a tree feel good and fulfilled. The tree never thinks about itself. It’s first thought is about giving even when giving is at its expense.

This season many will give nothing. Some will give a little. A few will give greatly in relation to their ability. The many will feel nothing. The some will feel some satisfaction. But the few will know their giving whether in time or money has made a difference and they will feel great.

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November 25th, 2011

Seattle Times pushes Sovereign Immunity

The Seattle Times Mission Statement provides in part: “To be an independent and influential advocate for children, schools [and] safe and clean communities… .” Interestingly in its lead editorial of November 23, 2011 the Times puts forth an argument to return to a form of sovereign immunity where there would still be the ability to bring a legal action against the state, but  the remedy for a fault free plaintiff would be limited.

The Times editorial is contrary to its mission statement and a misguided argument that if carried out will harm its common people subscribers.

Sovereign Immunity. The doctrine of sovereign immunity  is literally a creature of English kings, meaning, “The king can do no wrong.” Fortunately Washington abolished sovereign immunity in 1961. This is because the principle that government must be accountable legally for the harm it directly causes to its citizens is a fundamental principle of our revolutionary history and the American republic.

Difficulty of Lawsuits. Although Washington State has waived sovereign immunity suing and recovering from the state or a municipality in Washington is not an easy task. The Seattle Times editorial argues our legal system is “too quick to settle and more generous then it should be.” The reality is when cases settle insurance company lawyers, state attorneys, or municipal lawyers have concluded a settlement is in the best interest of their client. When a jury provides compensation to an injured plaintiff  it is not out of generosity. It is because the injuries are real, and the jury concludes the amount of its award will fairly compensate the injured plaintiff.

Joint and Several Liability. The Times misleads its readers on Washington law when it says Washington law should be changed “so the state doesn’t have more exposure then private entities.” The law is the state has additional procedural protections beyond private entities. Substantively it is on the same footing as a private entity.

What the Times wants is an end to joint and several liability as we have it today whenever the state or a municipal entity is a co-defendant in a lawsuit. The law as it stands allows joint and several liability to a fault free injured plaintiff when two or more defendants are liable. Under joint and several liability if the damages to a fault free plaintiff  are $100,000 with one defendant causing 10% of the negligence and the other causing 90% the plaintiff can take the $100,000 from both defendants or one defendant. If the state is 10% negligent and the other defendant is insolvent then plaintiff can still recover his $100,000 from the state.

The Times would change the law so the state would only be responsible for $10,000  of the $100,000 in damages. If the 90% liability defendant is insolvent the fault free plaintiff is precluded from collecting 90% of his judgment.

Unfair Result. The Times ignores its mission statement in calling for an end to joint and several liability when the the state is a co-defendant. Fault free babies, school children and common members of the community would in cases of an insolvent defendant be left with a partial recovery when the state is a co-defendant. Under our law as it stands the fault free injured person receives a full recovery. At times this does mean the co-defendant state pays all of the judgment. But when this happens the state has been found to be negligent and plaintiff has not. Unwittingly the Times is arguing against the babies, children and common members of the community it says it is an advocate for.

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November 21st, 2011

Thanksgiving and Relationships

My favorite holiday is Thanksgiving. Thanksgiving is  about family, friends and community.

Thanksgiving is a day many Americans gather with family. Family members often travel great distances to be together on Thanksgiving.

Often at the Thanksgiving table are close friends who are family at least for Thanksgiving day. Some people get involved preparing and serving a Thanksgiving meal for homeless people so the homeless can celebrate Thanksgiving in a warm place with quality food.

For our forefathers Thanksgiving was a celebration of making it in the harsh environment of the New World. To survive they needed and got the help of Native Americans. The first Thanksgiving was a celebration between early Americans and Native Americans.

On this great holiday let us give thanks for family, friends and community. Let us realize that life is about relationships. If we have close relationships with family, friends, and  community we are fortunate, and we have much to be thankful for.

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November 16th, 2011

Jury Duty-Making Roads Safer

Recently in the Seattle Times there was an editorial titled Making Seattle roads safe for all. The editorial states about 26 people die each year in Seattle from traffic injuries. Thousands more are injured each year in automobile collisions.

The editorial reasons a combination of factors are involved in collisions that result in injury: impairment, speed, distraction, inattention, following too closely, and failure to yield to name a few. As pointed out in the editorial “these are not accidents.”  These are injury collisions that could have and should have been prevented.

The editorial says what is needed to make our roads safer is to adhere to the “E’s of traffic safety-education, enforcement, environment, and empathy-because it will take a multifaceted approach to fix our roads… .”  When we apply these “E’s” to the civil justice system we see juries have a role in making our roads safer.

Education. When a collision is caused by the negligence of another driver our civil justice system provides for damages to the injured driver. When fair damages are awarded by the  jury the negligent driver is educated on the reality his negligence will result in paying compensation to the injured party. This also has the effect of educating society beyond the parties in the lawsuit. When a jury speaks society listens, and the message when compensation is awarded to the injured driver is negligence has a consequence.

Enforcement. When a negligent driver causes injury to another he generally receives a traffic citation. Usually a relatively small fine is paid- small in relation  to what has been done to the injured driver. When the negligent driver fails to account for his negligence he often ends up in a civil trial. When a jury provides fair compensation for the injured driver we have a higher level of enforcement. We have enforcement where the amount of damages paid by the negligent driver directly relates to the damage he caused.

Environment. In some cases the injury is caused by unsafe road conditions that the city, county, or state could have and should have made safe. When negligence is proved against the government, and fair damages are awarded, the government is held accountable for negligently allowing an unsafe environment. This in turn causes the government to be more diligent in ensuring a safe environment, because to not do so will result in a financial consequence.

Empathy. In our civil justice system this means caring for the parties in the case. When the plaintiff has been left with injuries through no fault of his own the caring thing to do is provide him with fair compensation. This is what the law provides, and in this way the law has empathy. Jurors are the caring arm of the law in a negligence case.

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