to the Flowers for Socrates family. Although he hasn’t published a column yet, I’m proud to announce the addition of Mark Esposito to our merry group of authors. Often going by the moniker mespo727272 in the comments, be on the watch for his always thoughtful and perceptive future contributions. If you don’t know his work from Res Ispa Loquitur, you’ll certainly remember it from here.
to Flowers for Socrates’ first in what I hope to be growing stable of authors: Mike Spindell.
I’m certain many of you are familiar with his good work over the years at Res Ipsa Loquitur (jonathanturley.org) and if you aren’t? Enjoy. I know I do.
So welcome to the Flowers for Socrates family, Mike!
Tasty or the root of all evil?
By GENE HOWINGTON
There is tactical concept called “proportionate response”. It is also related to the legal defense of necessity. Necessity at law is pretty much what it sounds like. The defense seeks to either excuse or justify breaking a law to avoid a greater harm that isn’t already covered by exceptions like those found in the affirmative defense of self-defense or the defense of others. A classic example is a driver driving drunk to avoid a kidnap. Necessity is an affirmative defense, part of which entails introduction of new evidence. In addition to supporting evidence, the defense of necessity must also show that (1) the harm he sought to avoid outweighs the danger of the prohibited conduct charged, (2) there was no reasonable alternative, (3) the prohibited conduct was stopped as soon as the danger passed, and (4) that the transgressor(s) did not themselves create the danger they sought to avoid. The tactical application is similar but has a bit more subjectivity as it is not constrained in the way that legal necessity is constrained. The basic idea is that a response to an action is roughly equal to the action itself. However, one man’s proportional response may be another man’s overreaction. Which brings us to peanut butter and jelly sandwiches.
Natasha Leggero
By GENE HOWINGTON
Humor is a funny thing. It’s called a “sense of humor” because there is certainly an intuitive subjective component to humor. But the thing is . . . humor – like any form of writing – has rules. Even offensive humor, as a matter of free speech, should not be censored. Offense, like humor itself but even more so, relies upon a subjective component. You have no right not to be offended. In fact, an unwritten corollary to free speech is the rule “you are guaranteed to be offended at some point”.
Submitted for your consideration by way of illustration, the recent non-news story of comedian Natasha Leggero’s “offensive joke” on Last Call with Carson Daly.
“Cuckold me? I’ve got you now, Malibu Ken!”
By GENE HOWINGTON
One of the key concepts of advertising is “get ‘em while they’re young”. Building brand loyalty in a child can make for a lifelong customer. The same adage applies to propaganda. Young minds are impressionable. There was valid psychology behind the Nazi’s formation of the Hitler Youth. Just so, there is valid psychology behind the production of war toys. When you teach children that American military might is always right (as well as hours of fun!) and that violence is not only an acceptable but the preferred method of dispute resolution, they are getting the message. You don’t see a lot of “Ambassador” or “Diplomat” toys. The G.I. Joe toys and plastic Army men of my youth were little more than jingoistic bits of plastic designed to give children the chance to vicariously be a “real American hero” without the trauma psychological and physical that we all eventually learn usually accompanies being an actual war hero in real life.
By GENE HOWINGTON
The Parthenon
In the beginning, there was the word. And when addressing propaganda, the word was either persuade or coerce. This is the essential nature of propaganda: to change (or re-enforce if you are already sympathetic) your mind on a particular issue. As the first article showed, the most basic tool of propaganda is connotation/implication. Before venturing into the depths of the lingua tactical of propaganda, I thought it might be useful to illustrate some non-verbal and indirect methods of propaganda.
First we must realize that propaganda is the cultivation of an image. An image that relies upon idea(s) the speaker wants associated with certain people, organizations or actions. To that end, propaganda is essentially image control: seeking to create mental associations in the viewer be they emotional or rational and spreading that image/association through out a given populace. Keep in mind that literacy was for the bulk of human history limited to specialists such as scribes and/or the upper class who could afford education.
By GENE HOWINGTON
In 1780, John Adams succinctly defined the principle of the Rule of Law in the Massachusetts Constitution by seeking to establish “a government of laws and not of men”. This reflects the democratic principles enshrined in the Constitution’s preamble: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The very foundation of our legal system says that the law should work for us all, not just a select few.
This raises the question of what is a good law that serves the majority of society and what is a bad law that doesn’t serve the majority of society?
To both people familiar with my writings at Res Ipsa Loquitur (jonathanturley.org) and to those who have simply stumbled across this blog. It is currently under construction. It may change domains later, but for now, if you want to read and discuss my odd musings on current events, law, society, history and science you may have come to enjoy? This is the place.
Gene Howington, Editor-in-Chief
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