Some Constitutional Thoughts

personby Nancy Jane Moore
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Allow Me to RetortI reviewed Elie Mystal’s book Allow Me to Retort: A Black Guy’s Guide to the Constitution for Washington Lawyer, the magazine of the District of Columbia Bar Association. Since it’s a brilliant analysis of the issues underlying the political turmoil in the United States today and also one of the best books I’ve read all year, I decided to share my review here on the Treehouse.

When it comes to the U.S. Constitution, Elie Mystal does not mince words, beginning his book with this sentence: “Our Constitution is not good.” While such a statement might be heresy to many lawyers, this witty, profane, and well-argued book makes a strong case for recognizing the flaws in our founding document and doing what we can to fix it.

Mystal, a Harvard-educated lawyer, writes from the viewpoint of someone the Constitution was “designed to ignore,” and to that end takes strong issue with the originalists, finding no reason to discern the intent of those who wrote a document counting enslaved people as three-fifths of a person. Further, as he discusses in a chapter entitled “The Most Important Part,” the compromises made while drafting the Constitution gave way in a bloody Civil War less than a hundred years after it was adopted. “The Union survived the Civil War, but its slavers’ Constitution did not,” he points out.

The Reconstruction amendments — the 13th, 14th, and 15th — changed things dramatically. Mystal contends that those additions, together with the 19th Amendment, recast the Constitution into something “not utterly unredeemable.”

Make no mistake — Mystal does want to redeem it, and he thinks those four amendments can do just that. “But white people won’t let them,” he says, writing that the 15th Amendment should prohibit voter suppression laws and that equal protection as set out in the 14th Amendment should protect him and other Black people from racist harassment by the police.

The book focuses on the amendments because they are the part of the Constitution that affects people directly. In the chapter on the Fourth Amendment, Mystal argues that the “reasonable suspicion” standard that allows police to do warrantless searches means that officers will act on their implicit — and explicit — biases. While racial profiling is technically prohibited (based on the 14th Amendment), the necessity to prove that in individual cases allows stop-and-frisk laws to stay in effect and, all too often, be applied in racist ways. As a Black man in the United States, Mystal has personal experience with the effects of such laws, and he does not apologize for the fact that he takes them, and the court decisions that allow them, very personally. Continue reading “Some Constitutional Thoughts”…

 In Times of War: Ukraine Is Not the Only Country Suffering

personby Deborah J. Ross
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A couple of weeks, I wrote about the importance of taking a break from the war news. Being able to step away is indeed a privilege. Ukrainians can’t take a break in the same way that I, living in a nation not at war, can. They may have times when life goes on as usual, depending on where they live, but somewhere else in their own country, cities are being pulverized and ordinary people are the victims of terrorist attacks.

This reminds me of the revelation I had while listening to my Black friends about their experiences in a racist society. What I heard, over and over again, was that the barrage of aggressions, large or micro, is unrelenting. My friends don’t get a day off; the threat is always there to one degree or another. I wonder how living in a state of heightened stress or in a neighborhood that all too often resembles a war zone colors perceptions of a war far away. (See comments on hypertension and stress in Black people, below.)

When the Ukrainian war first broke out, there was an immediate outpouring of sympathy and calls for humanitarian aid as well as military assistance. Americans called for easing immigration requirements for Ukrainian refugees. A couple of friends pointed out the disparity in response between the warmth and concern, and action, for Ukrainian victims, as opposed to people of color in distress in other parts of the world: Central American migrants at the border, Haitians, Asians, sub-Saharan Africans, and more. The Conversation examined ways in which the inequitable treatment of those seeking asylum in the United States is based on race and religion. They wrote:

On March 11, 2022, however, the Biden administration provided guidance allowing Customs and Border Protection officers to exempt Ukrainians from Title 42 on a case-by-case basis, which has allowed many families to enter. However, this exception has not been granted to other asylum seekers, no matter what danger they are in. It is possible that the administration may lift Title 42 at the end of May 2022, but that plan has encountered fierce debates.

The different treatment of Ukrainian versus Central American, African, Haitian and other asylum seekers has prompted criticism that the administration is enforcing immigration policies in racist ways, favoring white, European, mostly Christian refugees over other groups.

The uncomfortable truth is that white Americans are more welcoming toward people who look like them, especially people whom they perceive as innocent victims of violence. I would like to think that once hearts are opened toward one group, common humanity will prevail and the same commitment to fairness will be applied elsewhere, but I am not overly optimistic. The challenge of the moment, or so it seems to me, is to find a balance between reminders that Ukrainians are not the only people suffering from violence and oppression today without descending to “whataboutism,” that is, dismissing the importance of one case by pointing to others. (The classic humorous example being, “But her emails…”)

I think there are ways of bringing up the (non-white) people in need without downplaying the horrible situation in Ukraine. While international aid funds may be finite, caring is not. Commitment to help is not. What would that look like? Perhaps donating to organizations that provide aid to countries around the world, not limited to Ukraine? Splitting contributions between aid organizations? Pressuring our leaders for more just policies, reminding them that just as immigrating Ukrainians need our help, many others qualify for asylum?

Surely, there is enough love to go around.

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There’s a correlation between stress, poverty, racism, and ill health. Some studies have shown a relationship between experiences of racism and hypertension in Black people, particularly young Black men1. Stressors repeatedly occurring over time included the death of a family member or close friend (65.2%), having a new family member (32.9%), change in residence (31.4%), difficulty finding a job (24.3%), and fired or laid off from work (17.6%). Involvement with crime or legal matters was reported at least twice during the 48 months by 33.3% of men.2

  1. https://www.cdc.gov/bloodpressure/docs/african_american_sourcebook.pdf
  2. Hae-Ra Han, et al. Effects of stressful life events in young black men with high blood pressure. Ethn Dis, Winter 2006;16(1):64-70

 

Still Dreaming of the Middle Ages

personby Gillian Polack
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I spent much of last week in the Middle Ages, as you know. I emerged about lunch time yesterday. The thing about an academic conference is that it doesn’t present a picture of the whole subject. It’s a bit here and a bit there from what the scholars are currently researching. The subject specialisation is wonderful (such interesting research!), but fitting it all together can be problematic.

This week I’m back into my own contemporary research. The first thought I had when I picked up a book about contemporary Irish folklore was that I have contexts for it. In fact, I went to Ireland before the world went awry and I worked very hard to develop those contexts. Do I have contexts for the Middle Ages?

The answer is, of course I do. I spent many years of my life developing them. I started when I was eighteen and learned Old French in second year university and have never quite stopped. I learned new things then found out that I didn’t understand where those new things came from nor what their companions were, culturally and historically speaking. One of my big dreams has always been to understand. This includes understanding what I know and how I know it, and continuing to learn and to frame my knowledge so that I can learn more about subjects that I think I might be beginning to understand. It’s been a while since I’ve been able to do this full-on for the Middle Ages. By ‘a while’ I mean since The Middle Ages Unlocked was released. Since then, I keep it all together by going to conferences and reading books and teaching and talking and by using it in my fiction. To maintain the complex reality of a subject this rich is wonderful place to be, intellectually. I’ll never know everything or understand everything, but it’s so fulfilling to continue learning.

In my library I have a selection of books that I recommend to people as doorways into the Middle Ages I know. The period is so much more interesting than the popular Middle Ages, so it would be very churlish of me to keep it to myself. Also, there are a lot of trashy books out there. I like to introduce people to good books.

I walked past my shelf. The question I asked as I let my brain wander was what subject didn’t I encounter last week that I want to introduce people to? Medicine. Medicine is so important. The way the wider public talks about medicine in the Middle Ages mostly bears little relationship to actual medicine in the Middle Ages. This popular view creeps into some of the best fantasy novels.

I thought about medicine last week. Monica Green was in the audience at a panel I was also in the audience for. I didn’t talk to her. I was shy. Her work is utterly amazing. It’s also seldom a 101 guide for the topic.

There are two books I send people to, first, and, when they say “I need more” I nod sagely and tell them to look for the work of Monica Green. Here’s the book by Green that I need to add to my library sometime, just so that you have a Green title to look for . There are also two lovely volumes by Tony Hunt on Anglo-Norman medicine check here and here , but they’re for after you’ve read a lot of Green and feel up to looking at an edition of medical texts (it also really helps to read Old French). And that’s just the beginning. Medieval European medicine is a big subject, and the European Middle Ages is just a small part of what was happening in the wider world at that time. That’s why I try to find one or two books to suggest to get people started. If you begin with the whole world, then the subject is too big. Since I am, by training and knowledge a European Medievalist, the countries I know best (France and England) tend to dominate my recommendations.

The two books that I suggest starting with (especially to historical fiction and fantasy writers) are Nancy Siraisi’s Medieval and Early Renaissance Medicine  and Carole Rawcliffe’s Medicine and Society in Later Medieval England.  Because I haven’t looked at new introductions to medieval medicine for a few years, there might be something else that has emerged that I know not yet of. Medieval Studies is a vast field and there is often something new and exciting and intellectually vibrant to look for.

Now my mind has wandered to Montpellier. A year or two after I had sorted out the underlying patterns and structures and just how things happened in the various worlds of Medieval medicine, I was in Montpeller. Montpellier was my research base for my novel Langue[dot]doc 1305. I had to go to hospital, just for two hours, my first day there. It amused me no end that the hospital I went to was one I knew about from my forays into the Middle Ages. It was a university hospital and the only one that didn’t limit its teaching of medicine to Christians in the very Christian part of the Middle Ages. One day I’d like to go to Salerno, and visit the campus there, the one that was famous for teaching women how to be doctors in the Middle Ages.

And now it’s so close to my Tuesday morning that I think I might sleep. If any of you are interested in me turning this into a series “Books you can read about the Middle Ages” (to appear on this blog on Mondays, when I feel like it) then please let me know, because it would be fun to write.

On Real Conversations

personby Nancy Jane Moore
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One of the wonderful things about East Bay Booksellers is that the books they put on display by the cash register tend to be small press gems rather than those books you buy as a gift because they’re “cute” that no one ever reads.

Case in point: a book called Anarchy—In a Manner of Speaking, which is a set of conversations by the late (and great) David Graeber with Mehdi Belhaj Kacem, Nika Dubrovsky, and Assia Turquier-Zauberman.

I was in the store picking up something else, saw it for the third time, and decided I needed to have it. I came home and started reading and bam! There on the second page was something that I needed to know, even though I hadn’t realized it: the importance of dialogue — real dialogue — among people in both understanding the world and creating better systems.

Graeber ties anarchist practice to dialogue, in particular “a certain principle of dialogue.” He explains:

[T]here’s a lot of attention paid to learning how to make pragmatic, cooperative decisions with people who have fundamentally different understandings of the world, without actually trying to convert them to your particular point of view.

That alone connected two discrete parts of my life: developing co-ops and training in Aikido. In both of those activities, it is vital to have that kind of dialogue to accomplish anything.

In Aikido, of course, we have that dialogue physically, but it is the same thing. Your partner attacks and you have an exchange that will resolve the situation. If you handle it well, the situation shifts without harm to either party.

I’ve found over the years that bullying people until they agree to your point of view never works. Even if you get agreement in the short term, there’s a good chance of losing it. In Aikido, if you try to force a solution, you’re not going to get anywhere.

Continue reading “On Real Conversations”…

Mothering, Creativity, Chaos

personby Madeleine Robins
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Inspired by Nancy Jane Moore’s piece last Friday, I downloaded The Baby on the Fire Escape.* I’m working my way through it–it is wonderfully written, dense and thoughtful, with much to digest. As Nancy says, it’s about mothers as creators, about the ways that women have found to do creative work, sometimes in the interstices of motherhood, sometimes by turning their backs on motherhood, sometimes working with support, sometimes going it alone.

When my older daughter was about two, my husband held the fort and I went to see the Kenneth Brannagh Frankenstein. Which was meticulously true to the source material, and which infuriated me, because I find the source material infuriating.  For all its pondering on the nature of creation, Frankenstein is about a parent who creates life, then freaks out, drops the “baby” and heads for the hills. Which he can do because, well, he’s a man. Continue reading “Mothering, Creativity, Chaos”…

My favourite Medieval werewolf, or, Marie ai num si sui de France

personby Gillian Polack
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I’m a few hours late today and I’m writing this with the sound of the Roman de Fauvel (a Medieval musical satire) in the background. I’m at the 2022 International Congress on Medieval Studies. If I’m going to be one of the ways writers learn about the Middle Ages, I need to maintain my knowledge and the congress is online this year. The last time I was able to go was in 1984.

Because I’m firmly fixed in the Middle Ages at this moment and because I delivered my paper at 5.15 am my time, I thought… maybe this week you’d like the text I used as a case study in my paper? It’s short and it’s cool and there are translations readily available on the internet. In fact, let me give you several of the links I referred to in my paper. I’m sorry about the formatting, but I’m sneaking this post into time I don’t really have. I’ll introduce the work itself in a moment:

Judith Shoaf, Introduction to the lais https://people.clas.ufl.edu/jshoaf/marie_lais/

Judith Shoaf, translation Bisclavret https://people.clas.ufl.edu/jshoaf/files/bisclavret.pdf

Eugene Mason translation Bisclavret 1911 translation at Project Gutenberg https://www.gutenberg.org/files/11417/11417-h/11417-h.htm#VIII

ARLIMA on Marie de France (including Bisclavret) https://www.arlima.net/mp/marie_de_france.html

Marie de France wrote in Old French, and is famous for her lais. She is, in fact, one of the most important writers in Old French, and if you love fantasy fiction and stories about the knights of Arthur, she’s more than worth visiting. The lais are long poems that tell stories. It’s that simple. Except that when I say ‘long’ I’m comparing the lais to modern short poetry. They’re not long compared to some other forms of Medieval poetry. It’s like the difference between a novella (the novella representing Marie’s work) and a big fantasy blockbuster series where each novel is long and readers seldom stop after just one novel (the chansons de geste – the French term for them is generally translated as ‘epic legend’ but… they’re not quite that.)

Bisclavret is the story of a knight-werewolf, who is tricked by his wife into remaining in wolf shape. It took the help of a good lord for him to return to his human body. (The Roman de Fauvel is satirical and so I’m full of bad puns.) I don’t want to explain the plot any more than that, because Marie’s story is so worth reading. Just remember that Medieval customs were not the same as ours. One person said happily on Goodreads, for instance “GAY WEREWOLF GAY WEREWOLF GAY WEREWOLF’ but the Medieval church would have caused much trouble for the two men if that were so. I do like this as a modern interpretation, however.

There was a Late Medieval Jewish reinterpretation of Bisclavret and it’s the strangest misogynist story. Since I write about books every Monday, if you’re interested I can introduce you to it and to some of the other stories in the volume in which it appears.

Today is short and sweet, because I have a meeting in a few minutes. I can’t think of a better way of spending the next few minutes than introducing yourself to Bisclavret.

Roe, Russ, and The Baby on the Fire Escape

personby Nancy Jane Moore
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I have never been pregnant. I have no children. I do not regret either of these things, but both of them are things that could have happened.

They didn’t happen because I came of age not only when birth control pills were available, but also at the time when it became easier for single women to get prescriptions for the pill or other forms of contraception.

Since I’ve never been pregnant, I’ve never had an abortion. However, I know that I would not have hesitated to have an abortion if I had become pregnant at many times in my life.

I can imagine more possible regrets to having a child than I can to having an abortion. Is that shocking? Perhaps it is. But I have watched the struggle of single mothers.

On the basic biological level, the purpose of our existence may well be to reproduce, but despite the many failures of human beings, I do think our current purpose is far beyond the biological. People have dreams and goals, things they want to accomplish in their short period of time on Earth. I object to people sacrificing what matters to them for their children or their partner or their parents or even the good of the world.

I was in law school when Roe v. Wade made abortion legal in the United States. It was certainly something to celebrate.

I think the biggest mistake we made back then was to be queasy about supporting abortion. These days we say it is health care, but in the past all too often people said it should be “rare.”

We tiptoed around it. We should have claimed abortion a long time ago.

No one should be forced to carry a pregnancy to term. Period. (No one should be forced to end one, either, but that’s part of the point.)

That brings me to two books. Continue reading “Roe, Russ, and The Baby on the Fire Escape“…

In Times of War: Gifts

personby Deborah J. Ross
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This week’s offering is short due to the conjunction of my 75th birthday and the spring holidays. The war and its personal repercussions are never far from our thoughts. My family celebrates Passover, and the unfolding tragedy in Ukraine came up many times in our conversation. We all saw Putin as a would-be latter-day Pharoah, certainly a tyrant. There’s a part in the ritual where we call out the names of the plagues visited upon Egypt when Pharoah refused to let Moses and the Israelites free. Our Haggadah includes calling out the names of contemporary plagues. We all looked at one another and said, “Putin!”

And yet, the holiday reminds us to have compassion, even for our enemies. There’s a part in our version where angels start singing when the Egyptian soldiers are drowned in the Red Sea. HaShem admonishes them by saying, “The work of my hands is dying and you want to sing hymns?”

I’m not suggesting anyone should pray for Putin. I very much suspect that if he were to keel over from a massive heart attack tomorrow, there would be dancing in the streets in more than one nation. As much as we hold him responsible and abhor his actions, what do we want from him? Certainly, to stop waging war on Ukraine. To pay reparations to make ameliorate the grievous wrongs he is solely or primarily responsible for?

If we say we want Putin to be punished and to suffer for what he has done, the question remains, in what way? How is it possible to quantify the amount of human suffering—not to mention financial loss, environmental degradation, the ruin of cities? How can there be amends for such heinous crimes?

As a corollary: If we focus all our righteous outrage and even hatred on one man, what are we then ignoring? Even if Putin were to be tried in an international court of law and found guilty, even if he were to be deposed or assassinated by his own people, that cannot bring back the slaughtered Ukrainians or restore their once-beautiful cities. For all our focus on the unfolding military conflict and economic sanctions, consider what it does to us to turn away from what we can do, if only in small measure, for those in desperate need of help.

I love home generous Americans and our allies can be when we see the need. This is why I asked friends and family to donate to Doctors Without Borders (Médicins Sans Frontières) instead of birthday gifts. While the $1500 is a small drop in the bucket of need, I know it is part of the effort to save lives and alleviate suffering. I chose this charity because it’s one of my long-standing causes and I believe in the work they do.

I have also found that taking action, no matter how small, helps me to feel less powerless in the face of seemingly overwhelming evil in the world. We’re in a position to make small donations of money. I don’t think that’s necessary. Small actions of lovingkindness can be even more powerful.

 

If this post is meaningful to you, please link to it. And check out my previous posts.

Russ and the Russians

personby Gillian Polack
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I have a week with more deadlines than capacity to fill them. A tried and true way to meet these deadlines is to make them just a little easier. When I came across a short piece I wrote 11 years ago (30 April 2011) I re-read it for memory’s sake and then I thought, “This is perfect for the Treehouse series on books.” I also thought, “Next Monday is impossible. Will it help?” And it does and it’s very appropriate for this year. We all need more tools to help us deal with this dangerously-developing world, after all. Not all books we read at this time need to be comforting.

I originally posted this to Even in a Little Thing, my blog at LiveJournal.

“This morning I can’t stop thinking about Joanna Russ. I am one of the many who was deeply influenced by her without actually really enjoying her fiction.

It’s funny, but I had been reading Russian writers for several years before I discovered Russ. This doesn’t mean I was at all old when I discovered Russ’ writing. What it means is that Dostoievsky and Chekhov were easier reading for a fourteen year old than Russ was for a nineteen year old. Dostoievsky and Chekhov matched my assumptions of person and of narrative and of who benefited by what behaviour far more closely. They still do. Chekhov writes about my family, I think.

I didn’t have any guidance in reading any feminist writer. Some don’t need it, but Russ is really not one of those. Her works stand alone, but, in standing alone, they’re not easy. I discovered her by chance and have never had a proper conversation about her writing with anyone. They made me angry and edgy and I wanted to talk about this and find out why. No-one around me was reading her. No-one was interested in a conversation. In my late teens, my friends’ idea of intellectual freedom was Isaac Asimov and Gene Wolfe and Ursula le Guin. This was the Le Guin of the late seventies and early eighties, before she realised that women could be wizards.

It was hard for Russ to deliver her message in that environment, and it was hard for me to see what she was saying. This is why I didn’t enjoy her writing, even as I read every word. It pushed me far beyond places I knew and showed me that the world didn’t have to look that way. It’s easier for feminist readers these days, I think, but that challenge and the wonder when I realised what she was doing and that it was possible to change paradigms when writing fiction, and the loneliness when there was no-one I could talk to about it – all that was the good fortune of my growing years.

Since then, I’ve always put the challenges Joanna Russ taught me into my fiction, my non-fiction, my teaching, my life. I’m not her, however, and I try to make them unobtrusive. I believe that it’s possible to change paradigms without it hurting so much.

I must be very naive, because I also believe (thanks to Russ) that it’s possible to change paradigms without forever going back to the simple: feminism #101, cross-cultural understanding #101, crowing about being clever for getting something that should be understood rather than saying “Right, I know that – time for the next step”. I don’t expect rewards for it because of that silence in my late teens – that emptiness alerted me to the effects of writing change. The presentation of the simple and the crowing of how clever one is attracts more notice, but it doesn’t do the job.

Joanna Russ didn’t present me with the lure of material rewards. She taught me about living in a world which is different.

Her writing made me uncomfortable because it touched so closely on what hurts.

I’m not at the stage yet where that discomfort can leave me. We still accept the gender bias in novels and in the book industry almost unthinkingly. Some of our assumptions have been eroded or have crumbled or have been torn down, but our Berlin Wall is still standing, for the most part. Russ carefully cut a door in that wall, however, and it’s possible to walk through that door and see the universe differently.

I really have to revisit Russ, as an adult. The world is a lesser place without her.”

 

Dogblog: This Is A Terrible Idea

personby Laura Anne Gilman
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Back with Max was a pup, I got a doorbell (actually a strand of fabric with several bells on it) with the idea that when Max wanted to go out, she would go and ring the bell. In theory, it’s an excellent plan. And it even worked… For a while. Then Max realized that she could get my attention anytime she wanted it by ringing the bell, and did so. Repeatedly. All the time.

We got rid of the bells.

Flash forward the year, and I’ve been watching my friend Mary Robinette Kowal document how she is teaching her cat how to use “speaking” buttons to communicate. And I think to myself, that might actually be fun to try with Max. And then I remembered the bells incident, and I thought, maybe not.

But with Max’s board and train in the rearview mirror, I’m aware of the fact that S., Max’s trainer, is right: I have a very smart dog. And smart dogs need things to occupy their brains, otherwise they find things to occupy their brains. And those things are never pleasing to the human in the household. So I said the hell with it, and ordered their basic button kit. If it doesn’t work out, I figure I can hand it on to somebody else who wants to give it a try.

The kit is two buttons, which I can record a word or phrase on, and foam placemats to set the buttons in, to make them easier to use. So the first decision I had to make was, what two words were they going to use? It wasn’t a question of what I said to Max, but what I wanted her to say to me. After a few days of thinking, I settled on “toy,” and “out.” Toy, because  I will tell her to “get the toy,“ or “fetch the toy,“ and she knows what I mean. So I’m hoping that she will associate the word toy with a desire to play. “Out” is kind of self-explanatory.

The plan is to start with these two, and eventually work her (our) way up to more abstract but useful concepts like “hungry,” “sleepy,” “mad” and “scared.”  Part of me is thinking like a dog owner – being able to know more specifically what’s going on in her doggy brain will help us interact better.  But part of me is also thinking like a writer, fascinated to see how an “alien” brain learns, using human tools and concepts…

Is this gonna work? Or is Max going to decide it’s a stupid game and she doesn’t want to play? I have no idea.

I guess we’ll find out next month.