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The Essence of Human Nature

The Essence of Human Nature

If you think about it in depth, as I have been telling you for a long time now, the key, core, and essential issue at stake in the world today is understanding the true nature of our common Human Nature.  Grasping the essential timeless truths about our Human Nature clarifies all the key issues you will face in life, gives you a certain, secure and truthful path to follow and reveals to you the key that dissolves the confusion propagated by the left. 

The essential understanding of Human Nature is the fork in the road where conservatives and liberals part company.  

Conservatives follow the path marked by those with keen perceptions of man as he acts and really is; Socrates, Aristotle, Plato, St. Augustine, Marcus Aurelius, Richard Hooker, John Locke, Emmanuel Kant and others while liberals pursue the ideals of Jean Jacques Rousseau, Voltaire, the greater French school of rationalism and the many social scientists who preach moral relativism and the perfectability of Man.  Liberals believe that the nature of man is either essentially good, caring, loving and giving to others naturally or that it can be changed to be like that with a little social engineering.  They believe that government, guided by a select few in the elites can make the crucial decisions for the rest of the people and guide them to this better world they envision.

Conservatives conclude that man's nature is essentially driven by self love and the desire for property (James Madison) and is only saved from self debasement by application of a series of measures (Laws) to restrict their unchecked pursuit.  These measures are many and have shown up over the centuries time after time in the West to guide man on the right path.  They include, The Golden Rule, The Ten Commandments, Natural Law as stated by Cicero and others before and after him, Roman Law, The Common Law from early English civilization, Adam Smith, Richard Hooker and the Framers of the Constitution and the Ends Principle, to name a few.   Their underlying impact is a great truth; Man's emergence into true individual freedom comes only through recognition of his selfish nature and a willingness to submit to laws that guide and channel his actions, serving as checks and balances to his unchanging human nature.    

I mention all this as a prelude to the article below.  I think it illustrates what happens when these ideas, more or less followed, propel a civilization into advancement and what happens when their absence leaves cultures in the dark ages.  Why are we not surprised when we see what Afghans do to each other.  Can you  imagine the police arriving here in the US and stealing your property, thinking they could get away with that?   Muslim nations have assiduously refused to allow western ideas about honesty, fairness, openness, freedom and striving to drive their cultures.  They live in quasi pre-medieval societies where individual rights are unknown, rule of law arbitrary and control of personal actions relatively complete.  

Thinking that we will lead these countries to a common understanding of a free society in the short term is illusory.  But I do agree with Bush's idea that freedom is the birthright given to us by God and our main purpose on this earth is to pursue it for all mankind.  And once a society begins to taste this freedom, they will likely pursue it on their own.  (Iraq, Iran, Turkey, former Soviet states, to name a few).

The pursuit of individual freedom for all is a long term goal.  The debunking of the left's flawed understanding of  Human Nature will necessarily need to be tailored to the immediate time and cultural circumstances you personally face.  I think it is a fine calling to work in that area and I wish more people were dedicated to it.  


Why the Fight Continues

How we got to where we are in Afghanistan.

BY MATTHEW KAMINSKI

Eight years after American forces invaded Afghanistan, the conflict there drags on. U.S. casualties are rising, and the Taliban appears resurgent. Soon after taking office, Barack Obama unveiled a new and ambitious war strategy. He doubled the number of U.S. troops in Afghanistan, and he replaced the four-star commander on the ground with his own man. But it is too early to tell what the effect of such changes will be.

Seth Jones attempts to show how we got here. "In the Graveyard of Empires" echoes some of Mr. Obama's campaign themes. "The United States," Mr. Jones writes, faulting President Bush's policy after 2003, "shifted resources and attention to Iraq and allowed the Taliban, al Qaeda and other insurgent groups to rebuild in Afghanistan and Pakistan." He does not go on to prove this claim, but his narrative lays bare the hard choices that American policymakers have faced -- from the collapse of the Taliban two months after 9/11 right up until today.

[Commentary]

The invasion, it turned out, was the easy part. In autumn 2001, American forces routed the country's Taliban rulers, Osama bin Laden's hosts. U.S. special-forces soldiers on horseback called in targets to B-52s, and Afghan anti-government forces belonging to the Northern Alliance took Kabul, Afghanistan's capital city. Within a year, a new Afghan government was formed under Hamid Karzai, a moderate with pro-Western views. The outlook was good.

But the follow-up was not. Mr. Jones quotes Sir Frederick Roberts, the British commander who defeated the Afghans at Kandahar in 1880, during the Second Afghan War: "The less the Afghans see of us, the less they will dislike us."

It was such reasoning that led Donald Rumsfeld, Mr. Bush's defense secretary, and Gen. Tommy Franks, the head of Central Command, to aim for a "light footprint" in Afghanistan. "We don't want to repeat the Soviets' mistakes," Gen. Franks said, alluding to the 1979 invasion by the Soviets, who found themselves occupying the country and fighting Muslim insurgents for the next decade. U.S. forces, by contrast, focused on flushing out al Qaeda, and Mr. Bush tapped an international coalition to help the Afghans "stand up" their state. It was thought that such efforts would be enough. They were not.

In the Graveyard of Empires 
By Seth G. Jones 
(Norton, 414 pages, $27.95)

When it comes to nation-building, the challenges in Afghanistan are breathtaking, even compared with, say, those of Bosnia or Timor. For one thing, the conflict in Afghanistan is now three decades old. The urban elites fled the Soviets, and the middle classes fled the civil strife of the mid-1990s, when a civil war broke out and the Taliban won, imposing its brand of medieval Islam.

And exactly what kind of country did the Taliban rule? A desperately poor, dysfunctional one inhabited by a largely illiterate rural population. The normal institutions of government were gone. The wealthcreating classes were gone. Warlords had risen up, undermining traditional tribal authority. Hardcore Islamists had risen up, too, demanding religious severity and eventually allying themselves with al Qaeda. When the Taliban fell, the U.S. inherited a failed state.

Mr. Jones suggests that, after the 2001 invasion, America "squandered" a good start by stinting on aid and deploying troops in insufficient number -- in short, by allowing itself to be distracted by Iraq. Perhaps, but there is plenty of blame to go around. For one reason or another -- a flawed character, an impossibly fractured society -- President Karzai failed to extend his new government's legitimacy into the hinterlands, earning him the dismissive moniker "the Mayor of Kabul."

Meanwhile, the poppy trade boomed, and corruption flourished, enriching everyone with even a minimal claim to authority, from the cop on the beat to the government minister. When I visited Sangin in 2007, a village in the south's Helmand province that the U.S.-led coalition had recently taken back from the Taliban, the newly arrived Afghan police went door-to-door and took for their own the residents' TVs and radios -- one sure way to turn villagers into Taliban sympathizers.

In reality, of course, the Taliban never went away. Yes, the Taliban government ended in 2001, but its leaders fled into Pakistan, securing havens in that country's western tribal areas and around the city of Quetta. The Taliban's influence had always been felt in Afghanistan's rural southern areas and the valleys and mountains in the east along the Pakistani frontier. Poor Afghans, when poppy season was over, made easy Taliban recruits, willing to fight for a meager wage.

When NATO forces took over the Afghan peacekeeping mission and in 2005 expanded from Kabul and other cities into the south, they suddenly came into direct contact with the Taliban. They had some success, but Mr. Jones justifiably faults the alliance for not having enough strength to clear and hold territory. The British commander in the south, Maj. Gen. Jacko Page, told me in 2007: "It's not about controlling ground." But it is. The new U.S. strategy in Afghanistan -- modeled on the surge strategy in Iraq -- aims to do just that.

Mr. Jones scoldingly quotes Adm. Mike Mullen, the chairman of the Joint Chiefs of Staff, who in December 2007 told Congress: "Our main focus, militarily, in the region and in the world right now is rightly and firmly in Iraq. It is simply a matter of resources, of capacity. In Afghanistan, we do what we can. In Iraq, we do what we must." But surely Adm. Mullen had a point. Then, as now, an American defeat in Iraq would have had far graver consequences than a spreading rural insurgency in Afghanistan, however unwelcome.

Though Afghanistan has a long way to go to become a successful state, the U.S. has achieved its chief strategic goal: to deny al Qaeda a safe haven there. At the moment, the more serious threat out of south Asia is the Talibanization of nuclear-armed Pakistan. The people who are planning the next 9/11 are there -- in the mountains of Waziristan. Afghanistan may still be a battlefield in the conflict, but it is not now the most important one.

Mr. Kaminski is a member of the Journal's editorial board.

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The Worst Generation

"The Worst Generation"
Ironic that my study of root truths and causes has coincided with a period in history where those truths are routinely ignored, defied, lied about, deformed and otherwise disrespected by many people and institutions in our society.  Like many  Americans, I took a lot of things for granted for a long time; the innate goodness of people, general honesty and fairness, doing right for others, trust in my government and social institutions, belief that laws would be equally and fairly applied, among others.  I lived most of my life outside the United States and I always felt that ours was the best country in the world because of these and other American characteristics.  But in recent years I have seen much of that eroded and the United States become more and more like the self serving, partisan and downright dishonest countries of the world. 
 
Welcome to the world controlled by our generation of self absorbed narcissists who had the unprecedented luck of living a life of uninterrupted abundance and opportunity and who believe anything and everything will be given to them, no questions asked, ever.
 
In this world of our making, our system of checks and balances has gotten seriously out of order and we now live in a kind of bizzaro world where what is obvious and true for any normal person to see, is now somehow deformed into the opposite.  Truth is not winning out and lies and deceit are flooding in.  Some examples?
     - 4 supreme court justices believe it is ok to deny promotion to whites who took a race neutral test, just because they did better than blacks given the same chance,
     - 5 of them agreed that your private property can be taken by force if the government wants to give it to others for private use,
     - your democratically controlled congress passes massive spending without even reading the bill or allowing the people time to digest and understand it,
     - blatant election fraud by ACORN,
     - half the population interprets the constitution to mean freedom FROM religion instead of freedom OF religion
     - teachers unions insist on ever more funding for education, now way over $8,000/child on average, and fewer and fewer can read or graduate from h.school, now less than 60%
     - willingness to tax your use of energy and call the carbon dioxide you exhale a pollutant you have to pay for instead of developing nuclear energy and our own sources of gas, oil and coal
     - our president aligns himself with Hugo Chavez and Fidel Castro against the democratically elected government and court system of Honduras that toppled a leftist president who was trying to nullify the constitution by force
     - ignoring the obvious and precipitous drop in our prestige and deterrent power in world affairs created by the weakness of our president who is clearly out of his depth
 
There are so many blatant examples of the world gone crazy that they are too numerous to mention.  We  have gotten enured to so much of it flying our way that we expect the outrageous to prevail over normalcy.  Our generation demonstrates such arrogance and disregard for the core truths of humankind that only bad results can come of it.  They have gained control of so many checking and balancing aspects of our society and government that bizzaro world has descended upon us.  They control the press, the educational system from k thru college and grad school, congress, the entertainment industry, the unions, NGO's, government bureaucracy, much of the judiciary and local governmental systems.  So much united force arrayed against normal values has an overwhelming impact.  This a juggernaut that will not be stopped by appeals to reason or logic.  No amount of talking will dissuade these people from doing what they want to do.  That is why events and reality will have to intrude on their dillusions to finally shake us all out of this trap.  Unfortunately, the events that will do it are going to be quite painful for us.  The array is quite frightening; economic depression, nuclear weapon going off somewhere, a dirty bomb against one of our cities, gang control of a city or massive, unchecked invasion by illegal aliens fleeing some disaster in Mexico, expansion of the war in the middle east, confrontation with Iran... the list goes on and on.
 
I wish I had some answers but I don't.  I will be among the truly furious, shaking my impotent fist at these morons and shouting I told you so at them when it happens.  There will be a backlash and a move back to the center when that happens but I  suspect so much damage will be done that we will be a generation or more recovering from it.  As it stands, we will quickly be a third world country that defaults on our debt or experiences such inflation that the dollar disappears as the currency of choice for monetary systems around the world.  
 
Our generation, living the arrogant and smug conceit that they know better than timeless economic laws, natural law, our constitution, human nature and moral absolutes is bringing our great civilization down to mediocrity.  It is amazing that this could happen in one short generation.  It will take many more to redress.
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More Cases for the Ends Principle


More Cases for The Ends Principle 
The case of the Somali pirates and the Maesrk Alabama illustrates that even the left can make a correct moral decision when the alternatives are dramatically divergent. The pirates disregarded the Ends Principle by using the crew and the captain of the Maesrk Alabama as a means to their ends of extorting money.  The US government had a choice to make; either respect the desires of the pirates by giving in to their wishes and allowing the crew and captain to be the means to their ends, or respect the wishes of the crew and captain to be treated as ends in and of themselves by stopping the pirates blatant use of them.  Even Obama could not get away with doing anything other than eliminate the pirates.  And he did it correctly... first applying minimal force and then gradually increasing force until faced with the prospect that the prisoners rights would be permanently taken if he did not use lethal force.  The Obama administration took the action necessary to restore the moral sphere where all people respect the choices of others by treating them as ends and not as means; The Golden Rule, The Ends Principle.  The decision to sanction the pirates was easy.  They clearly are the ones whose life plan was designed to use others to their ends.  They were stopped, by a gradually increasing application of force until the moral sphere was restored.  Only the far left complained that the pirates were only "teenagers" or "black teenagers" and the US response went too far.  The situation was made more blatant by the fact that the ship was carrying aid supplies to impoverished countries.   The pirates rants that they will seek out and kill all Americans they catch out there are mostly bluff and will lead to more sanctions and lethal action by the US and other countries.  The US has a clear path to the actions they will follow in that part of the world.  Thwart the actions of those who will break the moral sphere.  Raids on their strongholds, interdiction of their mother ships at sea, and convoys seem like good starting points in a gradual escalation of force to insure the moral sphere remains in tact. 
 
Now, contrast that clear and concise action to any number of other issues the administration faces.  Not the least of which is the issue we discussed a few days ago. The terrorist prisoner with the knowledge of where a bomb is hidden that will kill thousands is like the pirates, but the administration is unwilling to use escalating force to learn what it needs to know to save the innocent thousands, thwart their use as means to the terrorist ends and restore the moral sphere.  It is not that torture is not abhorrent, it is, but it is not a core principle that sustains the moral sphere.  It is a tactic, to be used in gravest extreme, at the end of a process of gradually escalating use of force until all that can be done to restore the moral sphere has been done, up to and including torture.  There is no doubt that we would use force thru war or other retaliatory actions if the bomb did go off and kill thousands of innocent people.  But if we allowed that to happen we would have allowed the evildoers the upper hand and control of our actions and, most importantly, we would have allowed the destruction of the moral sphere and used the murdered thousands as a "means" to the end of an even larger use of force to restore it. 
 
There are a lot of other issues where the administration is consistently misunderstanding the Ends Principle and how to use it.  North Korea and ballistic missiles that we know are designed to carry nuclear warheads and be sold to evil regimes, Iran yellow cake and nuclear centrifuges designed to enrich uranium to weapons grade levels, NATO nations use of our troops and money to defend them without any commensurate participation, gigantic spending now that takes away our prosperity and puts our children and grand children in debt, and the situation below that discusses states rights vs the federal government.  There are a lot more, but most come from a willful inaction on the part of our government to recognize what is the clear intent of the evildoers and stop it before it causes great harm. 
 
The Ends Principle springs from natural law, common sense and the millennial long process of trial and error that has led western civilization to see that some actions work better than others to advance a just society.     Whether we see the error of the path Obama and the congress is taking before it wreaks havoc on our society or after it causes long term harm, we will see the effects and the long corrective process will occur that will bring us back to better balance. 
 
The mistakes made by well meaning leftists have a lot of different causes but the fact that they can affect a post modern society so drastically points out the truth of Thomas Sowell's contention that societies today are far more fragile, interdependent and susceptible to smaller and smaller disruptions than ever before.  
 
Maybe this states rights thing is good.  We may be able to  blunt the impact of the federal government and restore some balance here too.
 
  
 
 
Whatever Happened to States’ Rights?
by Ben Shapiro
 
Poll 

On Tuesday, Texas Gov. Rick Perry issued a statement in support of a state resolution supporting states’ rights under the 10th Amendment to the U.S. Constitution. “I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state,” Perry stated. “I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our union.”

Perry’s statement is a clarion call for more local sovereignty, for less command-and-control from above. But is it too late for states to regain their status in the great struggle for policymaking power implemented by the Constitution?

The US Constitution contemplates constant friction between the states and the federal government. The states had to ratify the creation of the federal government, so it is no wonder that they chose to restrict the power of the federal government and to maintain their own. In 1798, Thomas Jefferson and James Madison joined to write the Kentucky and Virginia Resolutions, which declared that “the powers of the federal government … (result) from the compact, to which the states are parties … in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”

In simpler terms, the states, according to the framers, were duty-bound to resist action by the federal government superseding its allotted authority under the Constitution. To that end, the states reserved to themselves the chief authority to tax, to raise militias, and to carry out the day-to-day activities required by government.

It was a brilliant structure. The federal government could not redistribute money and resources from taxpayers of one state to taxpayers of another without running up against resistance from the states, seeking to safeguard their own sovereignty. The federal government could not take over the states’ interest in the education, welfare and protection of their own citizens -- and so the federal government remained small. The states’ role was simple: they were to be “laboratories of democracy” run by local citizens, in the words of U.S. Supreme Court Justice Louis Brandeis.

Sadly, states misused their authority. Certain states claimed that it was within their power to sanction slavery. And so the laboratories of democracy became torture chambers of democracy, with majorities oppressing minorities.

The federal response to the slavery question was quick and right – President Abraham Lincoln’s Civil War restored for all time the founding promises of the Declaration of Independence. Despite the Civil War, however, the legacy of Jim Crow further eroded the moral authority of states’ rights. And the federal government, wielding the ethical imperatives of both racial equality, stepped in. States’ rights advocates were forever branded as bigoted Orval Faubus types, standing in the doorways of segregated schoolhouses.

And so the federal government took control of abortion policy. It took control of tax policy, blaming the states for “regressive” laissez-faire doctrine. It took control of education and health care. And states, eager for federal cash, largely acceded in the shift toward federal power.

Now states are surprised to find that their ability to resist federal directives has been all but extinguished. They are surprised that they are no longer able to set their own standards regarding social, economic, or criminal policy. They are surprised that through a combination of moral blindness and drooling greed, they surrendered their role in the constitutional system.

It is not too late. The first step toward the reinstitution of local government as a force in American life must begin with resistance to the total federalization of the economy. States can start by taking the moral high ground and refusing federal “stimulus” dollars.

If they do not, federal government will, once and for all, become a government of unlimited powers. And the laboratories of democracy will be closed down once and for all in the name of nationalized leftism.


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Kant's Ends Principle applied to the Torture Issue

Perfect Opportunity to Apply The Ends Principle

Here is a good example how a smart person and a whole group of people can fall into a trap that defies common sense.  Basing themselves on the idea that we can never use coercion or torture in any circumstances, even circumstances where many thousands of innocent people will be killed if we do not coerce information from a prisoner who has this knowledge, people like Ginsburg will unabashedly allow the thousands to die to uphold the "principle" of no torture.  They could resolve this dilemma and recover their common sense if they would apply Kant's Ends Principle to the situation.  How?
 
The Ends Principle says, we should always treat other people as ends in and of themselves and not as means to our ends.  The prisoner who knows the information that will kill thousands of us is of couse in direct violation of the Ends Principle.  He is using these thousands of people as a means to his ends of hurting our society, the government and our country.  Now, the authorities who have the power to coerce information from this person have a choice to make.  Do they violate the Ends Principle by torturing the prisoner and treating him as a means to their ends of protecting the thousands of people?  Or do they violate the Ends Principle by treating the thousands of people as a means to the ends of the prisoner by not torturing him and allowing the thousands to die?  There is no middle ground here.  Someone's desires are going to be violated here.  Will it be the prisoner or the thousands of innocents?   
 
Robert Kane, in the book I cited so many times to you says this is an easy decision to make.  Since the moral sphere of tolerance and respect for all has been broken by the prisoner who will allow thousands of innocents to die, the right thing to do is to use whatever means necessary, from least to most violent, to get the information needed to protect the innocent and restore the moral sphere where the Ends Principle will be respected.  While recognizing that this is not a perfect situation and it is necessary to violate someone's desires to save others, Kane does what he must to restore the moral sphere and tolerance for all (The Ends Principle).  This is common sense, springs from natural law and humankind's basic understanding of right and wrong. 
 
So, the question is, Why and how could someone so smart as Ginsburg and others on the left arrive at an exact opposite conclusion?  How could they decide to uphold the "principle" of no torture instead of the principle of the rights of the thousands of innocents?  Why are they not able to see that they are respecting the prisoner's rights over the rights of the thousands of others?
 
I think this is because those on the left want to feel good, righteous and tolerant and they feel they are better equiped to decide things for others than others are for themselves.  They prefer seeing themselves as protectors of a principle of decent society over the lives of innocent people.  Their thinking is that, even if many of us have to die for the principle of no torture that is what we will do because the idea of torture is so abhorant to us.  They have confused an extreme tactic (Torture) with a true principle of a just society (The Ends Principle) and have decided to sacrifice the latter for a vague, feel good, desire to protect the former.  And in the process, they give over to the evil doers of this world a tremendous advantage.  They give away the guiding principle of a just society and let malfeasance control us instead forcing evil doers to respect the true princple of a free and just society. 
 
It is amazing to me that this simple truth, aprehended by many simple, normal people who live in the real world and abide by the common sense that God gave them, is impossible for these liberal elites to grasp.  I think this issue can be communicated in such a way as to blow the leftist position out of the water and expose their narrow and erroneous view of the situation for what it is.  Once exposed to the real world, it will no longer be tenable.
 
 

 

 
 
 
Ginsburg Shares Views on Influence of Foreign Law on Her Court, and Vice Versa
 
Published: April 11, 2009

COLUMBUS, Ohio — In wide-ranging remarks here, Justice Ruth Bader Ginsburg defended the use of foreign law by American judges, suggested that torture should not be used even when it might yield important information and reflected on her role as the Supreme Court’s only female justice. The occasion was a symposium at the Moritz College of Law at Ohio State University honoring her 15 years on the court.

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Kiichiro Sato/Associated Press

Justice Ruth Bader Ginsburg on Friday at Ohio State University, where she talked freely about her work, past and present.

Related

Times Topics: Ruth Bader Ginsburg

“I frankly don’t understand all the brouhaha lately from Congress and even from some of my colleagues about referring to foreign law,” Justice Ginsburg said in her comments on Friday.

The court’s more conservative members — Chief Justice John G. Roberts Jr. and Justices Samuel A. Alito Jr.Antonin Scalia and Clarence Thomas — oppose the citation of foreign law in constitutional cases.

“If we’re relying on a decision from a German judge about what our Constitution means, no president accountable to the people appointed that judge and no Senate accountable to the people confirmed that judge,” Chief Justice Roberts said at his confirmation hearing. “And yet he’s playing a role in shaping the law that binds the people in this country.”

Justice Ginsburg said the controversy was based on the misunderstanding that citing a foreign precedent means the court considers itself bound by foreign law as opposed to merely being influenced by such power as its reasoning holds.

“Why shouldn’t we look to the wisdom of a judge from abroad with at least as much ease as we would read a law review article written by a professor?” she asked.

She added that the failure to engage foreign decisions had resulted in diminished influence for the United States Supreme Court.

The Canadian Supreme Court, she said, is “probably cited more widely abroad than the U.S. Supreme Court.” There is one reason for that, she said: “You will not be listened to if you don’t listen to others.”

She also offered a theory about why after World War II nations around the world started to create constitutional courts with the power to strike down legislation as the United States Supreme Court has.

“What happened in Europe was the Holocaust,” she said, “and people came to see that popularly elected representatives could not always be trusted to preserve the system’s most basic values.”

American hostility to the consideration of foreign law, she said, “is a passing phase.” She predicted that “we will go back to where we were in the early 19th century when there was no question that it was appropriate to refer to decisions of other courts.”

Justice Ginsburg turned 76 last month and underwent surgery for pancreatic cancer in February. Here on Friday, she was energetic, enthusiastic and characteristically precise in her answers to questions from two law professors in a 90-minute conversation. She spoke mostly about her career as a litigator specializing in women’s rights and her years on the court.

In a videotaped tribute, Chief Justice Roberts described Justice Ginsburg’s work habits — including her “total disregard for the normal day-night work schedule adhered to by everyone else since the beginning of recorded history” — and congratulated her for reaching what he said was the midpoint of her career on the court.

In her remarks, Justice Ginsburg discussed a decision by the Israeli Supreme Court concerning the use of torture to obtain information from people suspected of terrorism.

“The police think that a suspect they have apprehended knows where and when a bomb is going to go off,” she said, describing the question presented in the case. “Can the police use torture to extract that information? And in an eloquent decision by Aharon Barak, then the chief justice of Israel, the court said: ‘Torture? Never.’ ”

The message of the decision, Justice Ginsburg said, was “that we could hand our enemies no greater victory than to come to look like that enemy in our disregard for human dignity.” Then she asked, “Now why should I not read that opinion and be affected by its tremendous persuasive value?”

Justice Ginsburg also discussed her career as an advocate, one that included six Supreme Court arguments and a role in shaping the language of the law. She helped introduce the term “gender discrimination” as a synonym for “sex discrimination,” she said, explaining that her secretary had proposed the idea while typing a brief to be submitted to male judges.

“ ‘The first association of those men with the word “sex” is not what you’re talking about,’ ” the secretary said, Justice Ginsburg recalled. “ ‘Why don’t you use a grammar-book term? Use gender. It has a neutral sound, and it will ward off distracting associations.’ ”

Justice Ginsburg expressed dismay at being the only woman on the Supreme Court. “There I am all alone,” she said, “and it doesn’t look right.”

In this area, too, the Canadian Supreme Court provides a model, Justice Ginsburg said. That nine-member court has four women, including its chief justice.

Justice Ginsburg concluded her remarks with advice to the students in the audience about one of her great passions.

“For a first opera, I would say, pick ‘Butterfly’ or ‘Bohème,’ ” she said. For her part, she added, she was looking forward a little warily to a six-hour production of Wagner’s “Siegfried.”

“Wagner is a great, great composer,” she said, “but he needed a good editor.”



-- 
Michael Cannon
MCOM Corporation
mcannon@mcomcorp.com
mcomcorp@gmail.com
305 453 3731, cell 305 942 6035
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