Archive for October 2013
This morning there was a great segment on the Melissa Harris Perry Show where she interviewed Diane Ravitch about her new book, Reign of Error: The Hoax of Privatization Movement and the Danger to America’s Public Schools. I’ve had my disagreements with Harris Perry over education in the past. But it’s obvious that she cares deeply about public education. And it’s been clear to me that, even when her guests have largely accepted the frames of choice and accountability and crisis, she has remained skeptical. Given the dominance of the position Ravitch criticizes, it was nice to have a segment where she, later joined by Pedro Noguera and Trymaine Lee, could lay out the critique of the corporate education reform movement and discuss some of the impacts on students.
That said, there was one question posed by Harris Perry that didn’t get addressed, that I wanted to offer my own answer. Read the rest of this entry »
There must be a better way [than luck egalitarianism] to conceive of the point of equality. To do so it is helpful to recall how egalitarian political movements have historically conceived of their aims. What have been the inegalitarian systems that they have opposed? Inegalitarianism asserted the justice or necessity of basing the social order on a hierarchy of human beings, ranked according to intrinsic worth. Inequality referred not so much to the distributions of goods as to relations between superior and inferior persons. Those of superior rank were thought entitled to inflict violence on inferiors, to exclude or segregate them from social life, to treat them with contempt, to force them to obey, work without reciprocation, and abandon their own cultures. These are what Iris Young has identified as the faces of oppression: marginalization, status hierarchy, domination, exploitation, and cultural imperialism. Such unequal social relations generate, and were thought to justify, inequalities in the distribution of freedoms, resources, and welfare. This is the core of inegalitarian ideologies of racism, sexism, nationalism, caste, class, and eugenics.
Egalitarian political movements oppose such hierarchies.
Elizabeth S. Anderson, What is the Point of Equality? (pdf)
In an interview with Jennifer Senior, Antonin Scalia valiantly dispatched a straw man. A lot of people have noted this, but I wanted to quote it, and suggest that much of the criticism, while correct, misses the main problem.
Had you already arrived at originalism as a philosophy?
I don’t know when I came to that view. I’ve always had it, as far as I know. Words have meaning. And their meaning doesn’t change. I mean, the notion that the Constitution should simply, by decree of the Court, mean something that it didn’t mean when the people voted for it—frankly, you should ask the other side the question! How did they ever get there?
What I do wish is that we were in agreement on the basic question of what we think we’re doing when we interpret the Constitution. I mean, that’s sort of rudimentary. It’s sort of an embarrassment, really, that we’re not. But some people think our job is to keep it up to date, give new meaning to whatever phrases it has. And others think it’s to give it the meaning the people ratified when they adopted it. Those are quite different views.
So first off, what Scalia is saying here is factually–incontrovertibly– incorrect. Words do change in their meaning. Some have taken this as evidence that Scalia doesn’t know what he’s talking about. And I suppose that’s possible. But it’s also possible that Scalia takes this position because it helps him advance his legal agenda. That is, it helps him justify the substantive positions he takes, the role for the Court he prefers, and so on. By making this about ignorance, we are missing the politics, which makes it difficult to push back effectively. ‘Originalism is wrong’ is a fine thing to say, but what originalism is doing and how it is doing it are far more important thing to think about.