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  • Writer: Isaac Cui
    Isaac Cui
  • Oct 22, 2020
  • 13 min read

Updated: Oct 22, 2020

A good number of the Marshalls I’ve met have been very interested in environmental issues; many either want to work in climate policy or follow it carefully. In a lot of those conversations, we’ve ended up talking about consumerism and the question whether consumerism is a desirable or sustainable lifestyle.


One of the arguments I’ve seen is that consumerism is a socially constructed culture — that is, we’ve been acculturated to the idea that consumption is our (i.e., Americans’) way to the Good Life, and that this was a product of clever and continuous strategizing by advertisers aided by government and changes in our underlying economic system, all dating to the early twentieth century.


Though I’m likely oversimplifying and creating some sort of strawperson, I think this kind of argument has an implicit claim that we, as contemporary Americans, are deceived — that we have been tricked into believing that consumption is, in fact, a route to a good life when in fact satisfaction and happiness (as many studies, linked in the article above, suggest) cannot derive in full from consumption. I want to spend this post thinking through that argument and the extent to which it is helpful.


I’ll start first by saying: I’m skeptical of the claim that we are all deceived by the virtues of consumerism. For one, the argument suggests that knowledge, alone, would suffice to solve our problems — we just need to preach more about the virtues of moderation to decrease our consumption and allow each of us to lead a more environmentally conscious lifestyle. But humans have done precisely that for generations. Think of King Midas — the man who could turn anything to gold, including his daughter. Cautionary tales about overemphasizing wealth, abundance, and consumption abound in, I suspect, every culture. The mantra of “reduce, reuse, recycle” is deeply ingrained in ours. We know what to do. That doesn’t mean we do it.


A second issue I have with the argument: at a certain point, these kinds of arguments reek of intellectual superiority — that if some people just knew more or were more thoughtful, then our problems would go away. I sometimes think that those on the Left and Right of the political spectrum have the same problem — a sense that the other side is just too stupid to see what’s going on (“wake up!”), rather than reacting in potentially self-consistent and rational ways that are merely the product of different (perhaps warped) perceptions of reality and causal stories.


To me, the question of consumption and whether it relates to a good life isn’t an issue of deception. It’s one of will. In other words, I think we (implicitly or explicitly) choose to believe that consumption leads to a good life because to do otherwise is simply too scary.


Allow me to elaborate, first, by thinking about what we need out of an answer. Each of us desires cognitive closure, an answer to our questions to set our minds at rest. The big questions of life — what comes after life? what matters most in life? what does it mean to be ethical? — are impossible to answer absent faith in some authority: theological, philosophical, political, or otherwise. But usually those kinds of sources do not offer easy answers. That is, philosophical or religious principles might give us guidance about how to make choices, but they do not resolve all ambiguities. They cannot provide us sufficient closure and, instead, will require us to live with the discomfort of uncertainty. Reasoning by applying principles is always riddled with potential problems; it’s easier to tear down an argument and point out inconsistencies than it is to build a position.


In the alternative, those principles could purport to explain everything and guide us through a singular explanation, which will inevitably conflict with our messy, complicated, dynamic empirical reality. I read this morning a discussion of conspiracy theories where the essential argument was that the purpose of conspiracies was to deceive us about the nature of truth and learning. Conspiracies wrap the events of the world in a nice bow, providing that cognitive closure that I think all people seek. The existence of conspiracy theories demonstrates how deeply thoughtful people can find themselves in odd places. Think, too, of the philosopher who takes their principle to its logical extreme. Good judgment is informed, but not exclusively driven, by principle.


Of our two options, we have seen how the drive for cognitive closure can force us to confront our discomfort or to turn to absurdity. The third option, of course, is to withdraw — to refuse to ask the question and expose ourselves to those difficult ambiguities. It is will, not ignorance, that might lead us to live in what David Foster Wallace once called our default setting, a mode of life that is unthinking and thus resorts to our natural tendencies to be self-centered. Better not to ask a question than to leave it unanswered. It is this default state that, I think, leads to consumerism.


Why should the default state be in favor of consumption? To answer that question, let me invoke a few observations from Alexis de Tocqueville’s Democracy in America.


When Tocqueville arrived in America, he was confronted with a vigorous society — in my copy of Democracy in America, his catchword for describing Americans is “restive.” Its people are constantly on the move, striving for improvement. It’s a society of abundance, freedom, and enlightenment, with people “placed in the happiest condition that exists in the world.”* Yet, Tocqueville wrote, they “appeared to me grave and almost sad even in their pleasures.” They were unceasingly trying to improve their livelihoods even as they lived in relative luxury.


Reading these passages felt resonant. Life ever since middle school has felt like a treadmill, where the goal is always to climb the next ladder: get the next good grade, apply for the next stage of school, find the next internship, move up in the ranks of the next organization. Satisfaction — slowing down and smelling the roses, as my old debate coach once put it — was, and is, a rather foreign concept.


Tocqueville described people shaping their environment; his understanding of restiveness was tied to, I think, the idea that America had this vast, “uninhabited” expanse of land. (Remember that his comparisons were always between America and what was familiar to him — France, and Europe more generally.) In a beautifully descriptive passage that really makes Americans seem Sisyphisian, invariably setting down the same path over and over again, never to achieve bliss, Tocqueville wrote:

“In the United States, a man carefully builds a dwelling in which to pass his declining years, and he sells it while the roof is being laid; he plants a garden and he rents it out just as he was going to taste its fruits; he clears a field and he leaves to others the care of harvesting its crops. . . . He settles in a place from which he departs soon after so as to take his changing desires elsewhere. Should his private affairs give him some respite, he immediately plunges into the whirlwind of politics. And when toward the end of a year filled with work some leisure still remains to him, he carries his restive curiosity here and there within the vast limits of the United States.”


I don’t think that same drive to shape our external environment is ubiquitous today (or at least, I certainly don’t feel it), but I do feel driven to be continuously productive — in many meanings of the word — in a way that Tocqueville seemed to witness. Time that I could’ve spent reading a law review article, exploring London, meeting new people, catching up with old friends, thinking more deeply about my course work — the drive to better use that time is compelling.


But the deeper insight from Tocqueville isn’t that we feel an urge to be productive; it is that we are uneasy when we are unproductive. Hence, Tocqueville described that “singular melancholy that the inhabitants of democratic lands often display amid their abundance,” a kind of “disgust with life that sometimes seizes them in the midst of an easy and tranquil existence.” The saddest and most confused moments in my time at Pomona — a time of luxury, where creature comforts were taken care of and where supportive people abounded — weren’t in late nights writing essays, three-hour-long seminars, or doing repetitive and seemingly-pointless work in a lab. They were in times of leisure, when I unexpectedly finished my work early on a Saturday night and had nothing to do, or when I stayed on campus during school breaks. To be restive, I felt, and I think Tocqueville understood, isn’t to yearn doing more. It’s to fear doing less, to dread staying still and stagnant, putrid and passive.


Tocqueville noted three sources of this restiveness. First, he pointed to materialism; the person who seeks pleasure in material goods will always seek more, to maximize their abundance in their limited life: “His remembrance of the brevity of life constantly spurs him. In addition to the goods that he possesses, at each instant he imagines a thousand others that death will prevent him from enjoying if he does not hasten[,]” leaving him with an “unceasing trepidation” in his soul.


Second, Tocqueville noted that our freedom of choice encourages frenzied restiveness. For we are constantly aware not only that we can make decisions, but that our decisions will have consequences — and that when those consequences are negative, we must blame ourselves. Under such conditions, “one will then see men change course continuously for fear of missing the shortest road that would lead them to happiness.”


Third, and finally, equality (and implicitly, opportunity) enables people to always strive for more. Ambitious people “willingly fancy that they have been called to great destiny” because of their self-confidence and an environment that tears down barriers to entry. The result is “the competition of all[,]” for everyone is now in the rat race to climb to the top of the meritocratic pyramid.


Each of these factors explains the drive to improve. But, remember, restiveness is more properly understood as a fear of stagnation, not just a yearning for improvement. How might each of those factors relate, then, to this fear?


Tocqueville thought that the materialism he observed among Americans was asinine. Americans “rush[ ] so precipitately to grasp” the goods of the world. They “grasp[ ] them all but without clutching them,” and the American “soon allows them to escape from his hands so as to run after new enjoyments.” In thinking about materialism, our gut instinct might be to expect hoarding — to hold on to everything, clutching ever tighter even as their worth to us is minimal. But Tocqueville observed the opposite. Implicitly, then, the value of new goods to the American, in Tocqueville’s eyes, adhered in the acquisition of new things, not in the ownership of good things. From a social scientist’s perspectives, we might say that materialism understood in this Tocquevilliean sense is either a result (or aspect) of restiveness; we’d have endogeneity problems attempting to separate the two (which is problematic given Tocqueville’s argument that materialism is a cause of restiveness: “The taste for material enjoyments must be considered as the first source of this secret restiveness revealed in the actions of Americans of the inconstancy of which they give daily examples.”). Perhaps the better way to think of the causal relationship is to posit that people know, in the end, that materialism in itself is not fulfilling, but that the acquisition of new, better goods acts as a salve — a temporary distraction to prevent the brooding existential angst from boiling to the surface. The result is that a willfully naive belief in material spurs restive activity, to stay on the move so as to prevent deeper contemplation.


Tocqueville also pointed to freedom as a source of restiveness. Here, the argument is that our ability to make choices leads us to fear that our choices were not optimal for getting to the Good Life, and that that fear leads us to keep changing our decisions as we learn new ideas. Here, though, I think Tocqueville’s observation was prescient even as his argument wasn’t. I don’t think a fear of our decisions being right necessarily leads us to constantly change them; such fear can easily result in indecision. But I think there’s a new factor today that Tocqueville wouldn’t have anticipated. Today, people’s personal and private lives have become public. Social media enables us to constantly benchmark ourselves — Alastor is with friends today, Johan just got a new job, Alice got engaged, as I am scrolling through my newsfeed wasting away my time. Implicit social pressure deriving from rendering the private public heightens the perceived risks associated with our decisions and makes action feel more obligatory. The import of that exposure is compounded by Tocqueville’s third factor: equality. When we see similarly situated individuals to ourselves — people who went to school with us, who came from similar backgrounds, who studied in the same fields — succeed, then we know all too well how far up we could go. As a corollary, we are instilled with a greater fear of stagnation. We do not want to be left behind the pack.


The concept of restiveness can help us understand our relationship to consumption. Note that while restiveness derives, to a certain degree, from consumption, I think it also entrenches our desire to consume. Our continued sense of self-improvement, of staying on a path onward and upward, helps us justify material reward; we have sacrificed, and our sacrifice ought to be rewarded by acquiring greater goods. This compensatory sense of consumption inheres in the stories you hear about highly-paid business people or lawyers, those zealots who work inhuman hours for inhuman amounts of money, such that they can reward themselves with inhuman goods far from that which they, as humans, need but seemingly proportionate to that which they, as machine-like workers, deserve.


Moreover, the concept of restiveness helps pull our attention to the importance of acquiring new goods, beyond their utility or long-term value. We are drawn by the prospect of something new and different to cover the void that would form from extended contemplation. Like dogs distracted by squirrels, our attention is easily pulled away from the questions in life in favor of getting the latest technological upgrades. Restiveness is an important element for thinking about consumption because it helps us understand why consumption, and not just ownership of goods, is so comforting. It offers the continuous change we yearn for, that temporary bulwark against stagnation.


If this convoluted analysis is correct, then thinking about consumption isn’t a question of knowledge, or of intelligence, or of economic studies that show how consumption won’t help us feel happier. Our relationship to consumption is an existential one, a question that gets at the heart of why (and more importantly, whether) we choose to live the way we do, and, in particular, why we feel an urge to be constantly in motion and whether we ought to.


Posing these questions suggests that they are answerable. They aren’t. We live our lives by making decisions often shooting from the hip; we don’t have coherent philosophies that inform our decision making in most instances. And the forces that influence our worldview are deeply seated and mostly out of our control. The more important question, as David Foster Wallace suggested, often isn’t “what” the right decision is. It’s “whether” we make a decision through conscious analysis versus instinct, heuristic, or tradition, and whether we can live with ourselves having made those decisions deliberately.


We can’t answer the question of how to consume by saying we should stop consuming — we are, after all, embodied individuals, forever fighting entropy by consuming more energy. We can’t refuse to pose the question of consumption, lest we leave our decisions to the whims of our restive condition. Why we choose to produce, why we feel the need to be in motion, and why we seek the palliative of consumption are discomforting questions that we can only ask — and, even more discomfortingly, leave unanswered.


* I should note that the entire argument in my blog post (both mine, and my references to Tocqueville) is not empirical. As I hinted at in my last blog post, I think many forms of social commentary and analysis are better interpreted as ways of thinking about the world (and in turn as reflections of the author’s worldview) than as good descriptions of how the world works. Tocqueville, for example, thought equality was the defining characteristic of American society in a time in which slavery existed and despite personally witnessing the removal of Native Americans from their land. Such contradictions don’t necessarily mean his insights are wrong, in my opinion. After all, there are even more fundamental reasons to think his analysis might not help us today, written as they were nearly two hundred years ago. Rather, I want to hold up our current society to the light of his scrutiny, not to directly transplant his empirical observations as if they were scientifically accurate descriptions of our current society.


* * * * *

Rose: I’ll highlight two of them. First, this last week was the first time that I felt like I really got to meet some of my classmates. They were really interesting people, and I appreciated getting to learn more about Britain — its schooling system, the different places in the UK (which places are “posh” and which aren’t), how students think about LSE and other universities in the UK, and so on. (Apparently Surrey, a place I know only because it was referenced in a wonderful Harry Potter scene, is a very posh place.)


Second, I’ve continued doing tourist-y stuff in the UK. The flat went out for a night stroll along Regent’s Canal, which was honestly beautiful and a surprising pleasure of London. (I don’t know about you, but I don’t associate London with canals!) The next day, we went for a winding walk in the Westminster area of town — we saw Parliament, Westminster Abbey, Buckingham Palace, Whitehall, and many other things. We also walked through four of the eight Royal Parks in London — Green Park, Hyde Park, Kensington Gardens, and St. James’s Park. The last one was particularly cool because there were a ton of waterfowl (ducks, geese, swans, a pelican!).




Bud: I joined a reading group at LSE dedicated to the literature on race in American and British politics, and we had our first meeting today. We read Cheryl Harris’s classic article, “Whiteness as Property,” which I had read excerpts from for a class a year ago but had never read fully. It was well worth reading in full. I think in the pressure of reading for a class, you read for a particular reason — your goal is to situate the piece with other readings and to anticipate why the professor wanted you to read it. But there’s a kind of liberty associated with reading something outside of class and thinking it through more organically, I think. I’m glad to have a group of people to read and think through the literature with.


Thorn: Our sink and its garbage disposal system (called the Garchey System) is quite gross, and the flatmate who has been here for a year said that they bring in a professional to clean it every three months. But you’re supposed to clean the system 3–4 times a month. So I figured out how to do it last Friday and did it. It was . . . an unpleasant experience — one that I might write more about sometime if I ever get pictures. The positive side, though, is that things feel wonderful after the process.


Future topic ideas:

* I think next week has to be about the election. If you can and haven’t already, go vote!!



 
 
 
  • Writer: Isaac Cui
    Isaac Cui
  • Oct 15, 2020
  • 11 min read

One of my favorite podcasts is the Talking Politics podcast, and I’ve recently begun relistening to its spinoff series: History of Ideas. In the episode on Tocqueville’s Democracy in America, the host (David Runciman) has a wonderful line: “One of the things that makes Tocqueville such an interesting writer about politics is that he can find a puzzle in almost any solution to a question, and he can find a solution in almost any puzzle.”


Finding a puzzle in accepted solutions and solutions in difficult puzzles — that’s, in some ways, the heart of the academic endeavor. Academia is about discomfiting us about our explanations of the world, about forcing us to ask questions when we otherwise would accept the state of the world as “just the way things are.” But I want to spend some time thinking about what questions we ask and how they relate to particular worldviews. To do so, I thought I’d write about two specific academic topics/discussions: one on regulatory capture, and the other on the Supreme Court’s 2005 decision in Gonzales v. Raich.


Capture theory has been on my mind for the last few weeks since it’s integral to studies of regulation. The core of the theory is that interest groups (especially industry groups) see regulation as a tool for them to gain competitive advantages. For example, suppose you own a firm, and you have a huge (bigly! big league?) team of lawyers — better than any of your competitors. If the regulatory agency for your industry promulgates a rule that is highly legalistic and complex, your company might adapt better than any of your competitors. The free market, remember, is cut-throat; you want to use any advantage you possibly can to edge out your competitors. Under such circumstances, you might actually want more regulation, since it has asymmetric effects on the market. In other words, you seek to manipulate regulation to extract regulatory rents (you engage in “rent-seeking” behavior) because you believe regulation can help stack the market in your favor. This is a simplified version of the theory of capture that George Stigler made famous in the 1970s — that regulation at its origin is generally created to benefit certain industry groups at the expense of others. (An alternative theory, tracing to Marver Bernstein, focuses on the regulatory “life-cycle” and basically says that over time, regulatory agencies that were once zealously enforcing laws against industry groups will become more dependent on industry as the public spotlight/congressional interest dies down.)


Once we have a name for this phenomenon, it’s easy to see capture everywhere. Failed regulation in the face of disaster or highly strenuous regulation can both be seen products of capture: either interest groups won out, buried themselves in the regulatory state, and lowered, say, safety standards; or a company that was so successful at raising its standards captured regulation to render its heightened standard the minimum under law so as to erect barriers of entry to the market.


It’s a compelling story. For one, it fits well with the age-old American skepticism of bureaucracy and big government: of course the government is prone to special interest lobbying, because Washington is (literally and figuratively) a swamp, filled with revolving doors and self-dealing. For two, it’s grounded on pretty reasonable assumptions: you purportedly only need to believe that industries are self-interested, maximizers of that self-interest, and well-informed and able to learn from experience. Companies, in other words, don’t even have to be nefarious actors, creating cartels to try to become the puppet-masters of government. Capturing regulation is the rational thing to do. So maybe it’s not surprising that, in 2014, Daniel Carpenter and David Moss remarked on the concept: “the essential idea that policymakers are for sale, and that regulatory policy is largely purchased by those most interested and able to buy it, remains central to the literature.” Ever since Stigler, we’ve been talking about capture.


Note that the capture perspective has really, really important consequences. The theory is inherently skeptical of regulation; in any governmental regulation, we can sense the specter of interest-group rent-seeking. The only solution, then, is deregulation. Enable the market to work on its own, and we can structure competition to ensure fairness. For all forms of traditional command-and-control regulation are either the product of interest group lobbying or will eventually become captured by them.


The second example I want to talk about is an exchange I had with my constitutionalism professor regarding Gonzales v. Raich. (I’ll note that this happened three years ago, so some details might be fuzzy.) Raich was near the end in a line of Commerce Clause cases we read in constitutionalism. The Commerce Clause gives to Congress the authority to regulate commerce “among the several States”; it and the Necessary and Proper Clause (Congress may “make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”) are the textual hook for many of the federal government’s contemporary powers. In essence, the Court, from the Founding through the New Deal, took a relatively parsimonious understanding of the Commerce Clause, drawing various distinctions (e.g., between “commerce” and “manufacturing”) in order to strike down various federal laws. The New Deal Court took a much broader understanding of the Commerce Clause, interpreting it to allow Congress the power to regulate anything so long as Congress could demonstrate that the action, in the aggregate, could have substantial effects on interstate commerce. In the late twentieth century, the Court issued two opinions that pushed back on this very capacious reading of the Commerce Clause. But in Raich, it seemed to do an about-face, upholding the application of the Controlled Substances Act’s ban on marijuana to an individual who was growing medical marijuana (legal in California at the time) for her own consumption as a valid exercise of the Commerce Clause authority. Admittedly, it’s a broad reading of an authority that gives Congress power over interstate commerce, since the marijuana was homegrown and -consumed (i.e., not interstate) and was never sold (i.e., not commerce).


Raich was a 6-3 decision, where two conservative justices (Justices Kennedy and Scalia) who had previously seemed intent on limiting Congress’s Commerce Clause power upheld the Controlled Substances Act’s application. Justice Scalia wrote a concurring opinion that explained his rationale based on the Necessary and Proper Clause. At the time, I argued in class that this reading could, in fact, be reconciled with Justice Scalia’s previous votes ( the cases where he had voted to limit the Commerce Clause authority). My professor’s response was that I should put on a more cynical hat and think about why Justice Scalia (an admittedly conservative guy) might be opposed to striking down a ban on marijuana use. The two opposing interpretations boiled down to a kind of Rorschach test; there wasn’t a way for either of us to prove why Justice Scalia voted the way he did, and so we were left at an impasse based on what kinds of arguments we respectively thought were credible.


In both of these examples — regulatory capture and Raich — I think we’re seeing the effect that disciplinary-political perspectives have on empirical analysis. In the capture example, we don’t have to see regulators as vulnerable to rent-seeking behavior. Indeed, one might reasonably (perhaps naively) believe that regulators are actually well-trained experts who are just doing their jobs, insulated from industry capture by virtue of their expertise and understanding of public policy. Stigler’s theory opposed that idea (the “public interest” theory of regulation), but it’s not immediately obvious to me that Stigler is correct. It seems to me that it’s an important empirical question about when an agency is susceptible to capture. One might look to, for example, ethics in government rules and try to trace the means through which industry could seek to permeate the agency. One might also look to forms of oversight — say, does Congress pay attention to the bureaucracy? what about “public interest” organizations? — and ask whether those buffer the bureaucracy from industry demands.


Moreover, we could also try to explain regulation without reference to the behavior of the regulatees. For example, consider deregulation under Reagan and Thatcher. Stigler’s theory would say that industry wants regulation, so it’s hard to square with that broad deregulation in the 1980s. Instead, we might attribute deregulation to certain ideas that were in vogue at the time (perhaps specifically, Stigler’s theory and public-choice theories more broadly, which provided the intellectual justifications for deregulation).


I will freely admit that I’m partial to this ideational explanation, especially in the deregulation context. But that’s because I was taught by a professor whose focus was on how ideas come to have political consequences — how intellectual capital is intentionally cultivated in order to spur changes in our politics by legitimizing certain arguments. Carpenter and Moss also nod at this theory, describing “cultural capture” as where firms, “through the shaping of assumptions, lenses, and vocabularies,” can thereby mold the realm of the possible. The point, though, is that the perspective with which you come at the problem — how you formulate the puzzle — is intimately linked to the answers you come to.


The same is true, I think, with the Scalia opinion in Raich. From a legal perspective, the law operates according to a specific grammar — we think of certain criteria (text, history, precedent, context, tradition, logic, purpose) as not only legitimate, but exclusively so. It would be per se inappropriate to render a judgment based on one’s political beliefs. But more than that, when focusing on legal opinions, I think it’s easy to get trapped in the belief that those criteria form the realm of the possible; it becomes unthinkable to consider that a jurist might make decisions for other reasons unless you have very strong reasons (e.g., the opinion on its face lacks coherence). But political scientists don’t speak in the language of the law, and their discipline gives them a different grammar for reasoning. The internal coherence of legal reasoning matters less than questions of power, its distribution, and its deployment when concentrated in certain institutions or actors. In that sense, my professor and I were speaking in rather different languages.


With both capture and the Raich debate, it’s clear that different sides can ground their convictions in empirical analysis. It’s also clear, though, that those debates are very, very difficult to conclude, for they are plagued by issues such as selection effects (what are the class of “regulations” that we need to study to assess the prevalence of capture?) or inherent ambiguities in behavioralism (that is, our inability to infer different internal thought processes solely from observable data, e.g., court opinions or oral argument transcripts). I’m left reminded of a nice Bickel quote: “No answer is what the wrong question begets.”


In the end, I think these theories are better understood as heuristics that bias, and thus form, our judgment (the Court decides something in favor of Republicans -> it must be partisan; a regulatory failure occurs -> it must be due to capture) than models that we, as detached observers, test with rigorous empirical analysis. The power of these ideas, in other words, inheres less in what they predict about the world and more in how they shape our perceptions of the world — an effect that is largely independent of their predictive power. (I had a conversation yesterday about weather predictions, which I think illustrates the same point: a 10% chance of rain isn’t meaningful to most observers, in the sense that the existence of rain, or lack thereof, can’t be a rebuttal to that prediction. So even if the prediction is systematically and wildly off, we still probably live our lives according to the prediction. But moreover, because our experiences of the weather are fairly limited, we can basically always justify the prediction as correct even as our individual experiences negate it; if the weather forecaster tells me there’s a 90% chance of rain, but it looks sunny in my area, then I’d probably just think that there are other parts of town that are likely raining. In that sense, the prediction constructs our sense of reality even if we empirically disagree.)


I want to be careful not to slide into nihilism when it comes to social science. I am, after all, at a university exclusively dedicated to the social sciences! I think these reflections, and even a few weeks at LSE, are helping me understand better the utility of social science. Social science, I think, can help us understand the mechanisms by which a theory is predictive. In other words, we might be able to answer a question such as: when have we seen Stiglerian capture before, and how does Stiglerian capture come about? But my sense is that social scientific methods have a lot of difficulty in answering the (perhaps more useful) question: how often is regulation captured, and how worried should we be about regulatory capture? Social scientific theories help us see patterns, but the work of quantifying the prevalence of those patterns is troublesome at best. Moreover, we need to be cautious about how those theories direct our attention toward certain patterns and, in doing so, make it more likely that we overemphasize the importance of those patterns.


I think a similar point is true regarding the law-politics divide. My sense is that when you surround yourself with people who speak in the language of lawyers — where the way a question is presented or what the legal precedents say matter — then you can unwittingly assume that the internal logic of the law is the exclusive action at hand. The opposite, I think, is true of if you surround yourself with political scientists, for whom the internal logic of the law does not matter. The answer is probably somewhere in the middle — the legal logic does matter in some cases but not in others. The difficult question is knowing when a particular discipline’s perspective is most accurate. That, to me, is the crucial question, even as I think academia teaches us to skip it in favor of applying a particular discipline’s perspective to a phenomenon. And how do we answer that question? ¯\_(ツ)_/¯


* * * * *

Rose: On Saturday, one of my flatmates and I made the trek to Greenwich. (Like, that Greenwich — of GMT fame.) It was a seven-mile walk each way, and we saw a lot of cool aspects of London: the Tower of London (!!!!), some really cool architecture (some of the skyscrapers were very trippy, in the sense that their curvature made you feel very off-balanced), a tunnel underneath the Thames, ancient buildings that are now pubs (???), a church founded in 675 CE, and so on. It really was a cool experience, although my legs were in lots of pain.



Bud: I went into office hours with one of my professors last Friday, and my mind basically exploded thinking about potential ideas for my research with my old Pomona politics professors. A lot of my readings — e.g., on theories of institutional change, agency capture, measuring agency independence, and so on — all seem relatively relevant. But he also gave me the helpful frame of thinking about agency audience and, in particular, the undertheorized causal mechanisms by which an agency changes its audience, which seems particularly relevant to our research on the Office of Legal Counsel if our argument is that it’s shifted from a more quasi-judicial posture into a pro-presidential advocacy role. I’ve been hoping to sit down and dig into that research (I was actually hoping to do that with this time, but instead, I’ve managed to spend the entire morning writing this blog post!), but my hope is that I’ll begin to more systematically set aside time for that really interesting work.


Thorn: I’m really starting to feel the tradeoff between exploring London and keeping up with my academic readings — losing all of Saturday made it fairly difficult to keep up with the readings, and I admit I didn’t read a case for Competition Law as closely as I should have (a pity, because it seemed like a really interesting case, albeit very long and with a complex set of facts!). Same with this blog — I’m really inefficient at writing, and so there’s definitely a tradeoff between writing blog posts that (I hope) are somewhat coherent versus exploring/keeping up with academic work.


Possible future topics:

* Again because I’ve been relistening to the History of Ideas, I want to compare Gandhi and Weber’s understanding of a good politician (perhaps locating their disagreement in the figure of Lincoln — and revisiting the Lincoln speech I began this blog with!).

* A debate in competition law about criminalizing so-called “hardcore” cartel conduct, and my confusions about how we ought to think about criminalization from a legal/moral theory perspective versus the on-the-ground reality of how the criminal law is used.

* Susan Wolf’s “Moral Saints” essay. A friend had sent this essay to me a few years ago, and I had a recent conversation with a different friend touching on similar themes. In short (and related to the second topic), I wonder about the extent to which principled decisionmaking is, in fact, the right way to live a moral life. At a certain point, we draw certain lines between moral and immoral conduct (for example, what do you have to do to live an environmentally friendly lifestyle?), and it’s not clear to me that we can ascertain that line with any meaningful principle. So are we just supposed to “muddle through” (which assumes we’re leading a fundamentally moral — or at least, morally defensible — life to begin with)?


Sorry for the length of this post. (I wonder if these posts will just get progressively longer...)


As a justification for my verbosity, please refer to this gif from Mean Girls, one of the greatest movies of all time:




 
 
 
  • Writer: Isaac Cui
    Isaac Cui
  • Oct 8, 2020
  • 8 min read

What do you take pictures of?


I had a recent conversation with a flatmate about this topic, and I realized I had never meaningfully considered the question. Moreover, thinking about what pictures I have, I realized my implicit answer was, as the Brits say, absolutely rubbish.


The pictures I have are of things that feel like they “ought to be recorded.” In other words, when taking pictures, I think I was “shooting from the hip,” and the result was that my Google Photos is almost exclusively pictures of either art in a museum or quotes from random books/articles.


I think there’s some logic to those categories. Art in a museum is, by nature, meant to be displayed and preserved. Someone thought this thing in front of me (even Duchamp’s Fountain) ought to be kept for posterity’s sake. Set in a fancy building, guarded by security, cocooned in carefully controlled cubicles of glass, hermetically sealed to protect it from observers — in some sense, art in a museum is the archetype of what one “ought to preserve.” And if so, it seems logical for me to take a picture of it — to preserve an image of it for my own sake.


Preserving quotes is a bit more of a peculiarity for me. In legal or academic writing, attribution is important — the lineage of your ideas lends them authority. Moreover, attribution needs to be precise; citing an entire book for a single factual statement is, in my mind, one of the great heresies of academic writing. So, I tend to take lots of pictures of pages with insightful ideas or well-written quotes.


It turns out, though, that a photo album of hundreds of pictures of museum art and legal quotes does not a good memory evoke. It’s a rather lifeless form of picture-taking. It is, in Frederick Douglass’s words, merely “dead fact” — “nothing without the living impression.”


To guide my answer to the question at the beginning of this post, I figured I’d use Douglass’s 1861 lecture, aptly named “Lecture on Pictures.” In that lecture, Douglass discussed what he called the “thought picture”: “the element out of which our pictures spring.” Thought pictures, for him, evoke “the quality of pictures and affect us accordingly”: they are the “outstanding headlands of the meandering shores of life, and are points to steer by on the broad sea of thought and experience. They body forth in living forms and colors the ever varying lights and shadows of the soul.”


Thought pictures are fragments of who we are. Douglass thought of humans as “a picture-making animal[,]” for “[t]he power to make and to appreciate pictures belongs to man exclusively.” And as pictures set us apart, so, too, do they help us live a more fulfilled life. At their core, pictures render our subjective experience objective: “The process by which man is able to invent his own subject consciousness into the objective form, considered in all its range, is in truth the highest attribute of man’s nature. All that is really peculiar to humanity, in contradistinction from all other animals, proceeds from this one faculty or power.” To think in Aristotelian terms, we fulfill our purpose as we find truth — and among our foremost ways of capturing and expressing truth is in taking pictures, which allow us to momentarily invest in ourselves “the dignity of a creator.”


Pictures capture who we are and what we feel, but they also help us understand ourselves. With widespread pictures, “[m]en of all conditions may see themselves as others see them.” Our confrontation with those truths — of our own, and of others’, essential humanity — would necessitate moral progress, in Douglass’s eyes. Remember that Douglass delivered this lecture half a year into the American Civil War as part of a meeting around the anniversary of the abolitionist John Brown’s execution. Douglass thought of photography as a tool that would bring racial justice, for to see his likeness would force those who thought Black people subhuman to recognize his essential humanity. Douglass was optimistic in the march of progress, imagining that technology would “bring[ ] together the knowledge, the skill, and the mental power of the world” and thus “dispel prejudice, dissolve the granite barriers of arbitrary power, bring the world into peace and unity, and at last crown the world with justice, liberty, and brotherly kindness.” Central to that optimism was a belief in the enduring capacity of truth to overcome prejudice and wrong.


It seems like a fad to remark that we live, today, in a “post-truth” society, characterized by such deep polarization that we cannot agree on fundamental truths. Reading Douglass today — who was also living in a time where polarization was so deep that people could not agree on fundamental truths — feels not altogether reassuring. Moreover, our era of polarization has coincided with the proliferation of phones with ever-higher-definition cameras. We are saturated by videos — clips of truth taken by “citizen journalists” — of the likes Douglass could never have imagined. Yet we do not seem to have found truth — or, at least, agreement.


I think there’s a different way of thinking about Douglass’s analysis, though. I think Douglass was right that we ought to think of ourselves as picture-making animals and that the power of pictures inheres in their ability to express a truth. But Douglass was clear-eyed that not all truths are the same: “Niagara is not fitly described when it is said to be a river of this or that volume falling over a ledge of rocks two hundred feet, nor is thunder when simply called a jarring noise. This is truth, but truth disrobed of its sublimity and glory. A kind of frozen truth, destitute of motion itself—it is incapable of producing emotion in others.”


Perhaps, then, there is something to Kellyanne Conway’s infamous “alternative facts.” (I’m kidding. There isn’t — at least, not how she meant it.) The truths we articulate with pictures are our subjective experiences rendered into an objective medium. Properly taken, a thought picture captures a fragment of who you are, in that moment, and records your memory for posterity; it captures “the living impression.” In encapsulating our lives, they necessarily mean different things for different people. Their concreteness, their physicality, cannot ensure that we all understand the same truths, even as we see the same picture. Such, perhaps, is the magic of pictures, even as it ensures that pictures, alone, cannot save a democracy or render a people moral.


What’s the practical take away from this rambling? I think it’s that I want pictures to capture emotional memories. I am reminded of one of my favorite lyrics by Taylor Swift: “And though I can’t recall your face / I still got love for you.” Important memories often leave an ethereal, emotional imprint, one that we remember long after we can recall the source of those emotions. A picture, I think, ought to serve as the anchor in those circumstances, to capture those moments that will leave you feeling love without memory of a face. Taking a good picture is a contingent act, one that can’t be predetermined (and indeed shouldn’t be). I hope to take pictures when something is compelling, when it is affecting and will one day make me yearn to remember what, specifically, made me feel so strongly.


This is, admittedly, a high bar for taking a picture. But I figured I’d give a few examples from this last week.


Last Wednesday (September 30), I went to the British Museum. Intellectually, I knew what would be there: treasures from all over the world, representing some of the heights of humanity’s accomplishments. And I also knew that much of it was stolen, the loot of conquest, colonies, and empire. But it was a very different experience to be there, to be confronted with all of that material. The odd thing is that I’ve been to plenty of big museums in the United States (e.g., the Met or the Smithsonians), but (perhaps due to lack of reflection) they didn’t have nearly the visceral effect on me. With COVID restrictions, the museum had a one-way path, and the first thing you see is the Rosetta Stone and various Egyptian treasures — sarcophagi, sphinx, paintings, and everything else you can imagine. You walk through and find winged lions from Assyria and a full room of reliefs from the Parthenon: some of the great treasures of the ancient world, in other words, all on this island, thousands of miles from where they once stood. It was a bizarre mixture of awe-inspiring and saddening.




On Saturday (October 3), my flatmate got out of quarantine, and the three of us took a trip to Abney Park, one of the Magnificent Seven cemeteries in London. It was indeed a magnificent graveyard, although it, too, felt a bit off. I am used to thinking of graveyards as quiet places which ought to be afforded some reverence. But many people were there biking or running, and it seemed like a tourist attraction. (The irony isn’t lost on me that we went as tourists as well, although I think we were a bit more respectful.) I’m not sure how to think about the experience, except to say that it was a beautiful place that gave me a more concrete sense of the honor in heritage. I didn’t take many pictures, although I did get one of the chapel at the center of the park.



Abney Park Chapel
Abney Park Chapel

As we walked back from Abney Park (a few miles away from where we live), it started raining — a light drizzle reminiscent of Oregon rain. We got some fries (“chips”), which was both my flatmate’s and my first time experiencing British chips. To be honest, as fries, they weren’t that good; it’s clear that America has the lead in fried foods. But they were warm and soul-enriching after a long walk outside in the rain.




The next day, my flatmate walked me through how to make palak paneer, a spinach-based Indian curry with cheese in it. I’ve been crying a lot from cutting so many onions (it turns out basically everything we eat in this flat has onions), but other than that, the cooking was really fun and rewarding.



Palak Paneer with Roti
Palak Paneer with Roti

On Monday (October 5), I got the treat of meeting one of my old friends from high school. She went to the UK for college, and the last time I got to see her was two years ago. We went to the Tate Modern together, which was filled with confusing art. But it did bring back a funny memory. We took AP Art History together in our senior year, and the final project was to create a piece of art that blended two artist’s work together. Being seniors and having finished the AP test at that point in the year, our group decided to do the easiest thing we could think of: we took two abstract artists (Mondrian, whose art looks like this, and Kandinsky, whose art looks like this) and essentially painted one person’s style over the other’s. Here’s a picture of the two of us, four years later, with a Kandinsky:



Old LASA Friends (Feat. Kandinsky)
Old LASA Friends (Feat. Kandinsky)

* * * * *

Rose: I had my first seminars this week and, more specifically, my first law class seminar. I’m taking a global competition (antitrust) law class, which compares U.S. and E.U. competition law regimes. The professor is absolutely amazing. It’s delightful to think through these cases, arguing about when apparently unilateral conduct looks like coordinated conduct or whether a wholly-owned subsidiary enterprise can “coordinate” with its parent company in a way that violates antitrust law. But it, and my other classes, are also taking a lot of time with all the readings (hence my lateness with this week’s blog!).


Bud: Meeting up with my old LASA friend and knowing she’s in the area, as well as meeting new people in my LSE program and other Marshalls. It’s just exciting to feel like I’m starting to build a network of friends in this place, especially since COVID restrictions look like they might be ratcheting up again (and it’s just not nearly as fun to meet people through Zoom!).


Thorn: The sun is out fairly late (around 6:30pm sunset), but it’s setting earlier and earlier each day. I somehow ended up with two seminars that end at 6:30pm/6pm, and it’s just less fun to walk home in the dark. But overall, it’s been a good week if my thorn has to do with the time of sunset. (A secondary mini-thorn is that I didn’t make it to Stonehenge. Soon, I hope!)


Potential future topics:

  • Writing personal statements — how I hate them, and how my flatmate loves them (??)

  • The LSE campus

 
 
 
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