Saturday, June 6, 2020

Police Brutality: A Symptom of a Brain Sickness Stimulated by Large Doses of Power

Behind the ornate rooms and regalia of a head of state, the stately appearance of legislative chambers, and even revered democratic constitutions, the basis of a government is its power—even if beyond authorized limits—to use lethal force against even its electorate peacefully protesting. As the results of the Stanford Prison Experiment in 1971 show, human beings who have police power—even beyond the authorized—have at the very least a proclivity to abuse people without countervailing power. The students who were assigned as prison guards in the experiment because so abusive toward the students assigned as prisoners that the experiment had to be terminated after only 6 days in a two-week period. Even the experimenter, who took on the role of prison superintendent during the experiment, “had become indifferent to the suffering” of the students who were in the role of prisoners.[1] Lest it be concluded that college students are simply too immature to assume even what seems to be absolute power over other students, such behavior is arguably common among actual police employees. Lest it be further concluded that such behavior is part of an autocratic regime, even the known instances in republics suggest that human nature itself cannot handle such discretion as police departments and their employees have. Incredibly, even with the result of the Stanford study, no one seems to go to this conclusion; rather, primitive human nature may be poised to jump from incident to incident as if doing so enough would end the abuse of such power.
The presumptuousness that police departments and individual employees have in abusing their powers to harm even nonviolent protesters was on display to the world on June 4, 2020 as police in Buffalo, New York, pushed down a 75 year-old man who ironically had stood for peace and justice for decades. The violent act itself by two police employees was telling. Video shows Martin Gugino approaching an oncoming police employee in a nonviolent manner to talk—perhaps to ask a question. Another police employee immediately speeds up his pace—the first indication of possible aggression. Then he and another employee pushed Martin backwards. Incredibly, one of the employees who pushed Martin then shock his head back and forth as if the incident had been Martin’s fault, when the fault lied with the employee. Such shirking of responsibility is a convenient mental tactic by which the abusive mind seeks to justify/protect itself—the delusion being hidden to such a mind by the mind itself.
That the other police employees kept walking past Martin as he lied on the cement with blood coming from his right ear suggests the presence of a group-think dehumanizing even a victim of police aggression. A man off-camera then scolds the police employees for walking past Martin and not even bothering to call an ambulance. Instead of respecting the man for his compassion for Martin and justified reproach of the tax-payer salaried employees, they push the man forward and handcuff him. Perhaps that man and other people in the vicinity should have acted on an instinct to remain silent and offer a NAZI salute. I’m sure the police employees would have felt especially emboldened to exploit the personal conflict of interest out of anger. Were he alive, Gandhi might have recommended that the people in the vicinity stay silently in place and take the blows to show the employees’ moral sickness to the employees themselves and the world.  
At the very least, the moral sickness could include exploiting a personal conflict of interest out of anger, and taking non-threats as threats—that is, being over-sensitive and over-reactive. Out of arrogance, the employees may even have presumed, how dare the old man come to us to ask a question! As for the man—the anonymous Christian—who attempted to shame the Roman police into at least stopping to tend for Martin, how dare anyone talk to us that way.
In short, the mentality of the police employees on the scene may have been too used to abusing their power even and especially when its exercise goes beyond their delegated authority. This implies that accountability from and on police departments in general—and not just in New York—had been practically non-existent. In other words, police employees are routinely given too much discretion (i.e., power) relative to what the human brain can handle, and a system has been set up that protects this dysfunctional sickness such that it is no longer viewed by the aggressors as a sickness.
The implications for public policy are not merely to fix the system of broken accountability; a reduction of discretion is also called for both in terms of what authority governments give their respective police departments and what authority they in turn give to their managers and non-supervisory employees. Incident-specific responses to police brutality do not do justice even to the first task.
How police departments, police unions, and the police employees themselves react to accusations of can say a lot about the dysfunctional sickness that protects abuse manifests in a “clean up” capacity. The sickness itself may convince the infected brains, but the denial makes it possible that people without the vested interest get to glimpse the disease through its symptoms. That is to say, the sickness may cause the infected brains to unwittingly reveal too much.


In trying to defend the two abusive police employees, John Evans, president of the local police union, said, “Our position is these officers were simply following orders from Deputy Police Commissioner Joseph Gramaglia to clear the square. It doesn’t specify clear the square of men, 50 and under or 15 to 40. They were simply doing their job. I don’t know how much conflict was made. He did slip in my estimation. He fell backwards.”[2] Evans’ statement is revealing in ways that he did not likely intend. Firstly, general orders, such as to clear an area because of a curfew, have plenty of room for discretion, which the head of the labor union ignores. For example, the police could simply have stood at one end of the public square and fired on anyone in it. Alternatively, the police could have walked through the square, arresting people who refuse to leave. Both approaches are consistent with the general order to clear the square. Secondly, in asserting that Martin fell backwards from slipping, which is clearly not the case in the video, the police union’s position was that lying to protect abusive police employees is acceptable—perhaps even laudable.
Moreover, that 57 police employees in that riot squad quit because the two abusive employees were suspended allows us access into the sordid mentality of entitlement even to push over an old man and walk past him with apparent indifference. A squad’s solidarity can thus effectively enable the presumption to over-react to non-threats by committing violent acts. Such a squad, and police department, moreover, would have no moral objection to covering up episodic eruptions of the sickness within. In short, the law doesn’t apply to the departments and employees tasked ironically with enforcing the law. In conveniently excluding themselves, such departments and employees therein reveal their criminal mentality under the ripped cloak of public decency.
In spite of living in democratic republics, Americans were at the time especially vulnerable. “In recent decades, police [there] have amassed power through laws that grant them a high level of immunity, a lack of oversight, big budgets and a focus on reforms that [have brought] little change.”[3] Even though police departments are responsible to democratically-elected officers of cities in a given republic, such as New York, the International Association of Chiefs of Police has been involved in modifying anti-crime legislation and “trying to make elected officials accountable to police, rather than the other way around.”[4] An institutional conflict of interest has been exploited here at the expense of legitimate democratic governance.[5]
To be sure, electorates in some of the American republics have willing ceded to the police a lot of power. In Phoenix, Arizona, for instance, the dominant political ideology assumes that a visibly-heavy police presence is justified and even necessary as a deterrent against crime. That ideology falsely assumes that innocent citizens would not be uncomfortable seeing so many police cars and helicopters on a regular basis—in what can be called the emergencization of the status quo. That fly-through helicopters fly regularly in one area outside of the FAA-mandated corridor with impunity points to how much power the police department has and what its mentality is. That even the campus police department at a local university, Arizona State University, presumes (over academic culture) to park regularly on campus sidewalks and in the middle of academic courtyards suggests that perspective can be warped by the brain sickness of power and little accountability on that sickness would be very unlikely from a pro-police “academic” administration (and student government!), which in turn is not democratically elected. The explicitness by inconsiderate shows of the dominance by force impedes the free exchange of ideas and an atmosphere conducive to thinking. Rather than enhancing the feeling of security, especially during school days, the culture of dominance puts everyone there, especially students from more balanced States on edge. That is not an academic culture, and in fact eclipses it on its own turf. 
Given the weaknesses of the human mind, the decisions or captures of governments and especially non-governments such that they succumb to their own police departments are dangerous, and in fact can easily enable police over-reaches, whether aggressive or passive-aggressive (e.g., pensive presences) with the presumption of impunity. In 2020 with protests taking place in the U.S., E.U., Australia, and Brazil (and other countries), the world may have been awakening to just how lapse-prone the brain can be with de facto absolute physical power. 
To be sure, that those protests were blind to a likely-increasing sordid, deeply selfish disrespect for the law and inconsiderateness of strangers and even neighbors does nothing to reduce that problem (if indeed such respect and considerateness can be treated, much less forced). Although that mentality can easily spark anger, police employees who act on the basis of personal emotion are themselves disrespecting law. In other words, even if incidents of police brutality had been increasing to meet another mentality that refuses to respect the law and thus its enforcers (even apart from their abuses of power), one primitive mentality need not match another, that is naturally anger-provoking. Perhaps the flash point is disrespect being naturally met with disrespect. In the end, anti-social criminals can expect to be dealt with, but within measures that are compatible with the human brain.


2. “Buffalo Police Riot Squad Quit to Back Officers Who Shoved Man,” BBC.com, June 5, 2020 (accessed June 6, 2020).
3. Julia Mahncke, “Why Police in the US Are So Powerful,” DW.com, June 6, 2020 (accessed same day).
4. Ibid.
5. For more on institutional conflicts of interest, see Skip Worden, Institutional Conflicts of Interest.

Friday, June 5, 2020

E.U. Trade Negotiations with a Former State: The Paradigm of Britain

The paradigm used by a former state can undermine any negotiations between it and a federal government. Even the reference to a federal government, if contrary to such a paradigm, can subtly undercut relations. The typical focus on the matters to be negotiated, such as new trade relations, easily miss the negative impact of a biased paradigm that is more based in Euroskeptic states’ rights (i.e., anti-federalism) that on the actual relation being between a former state and the European Union.

In 1964, even before the E.U. came into effect in 1993, the European Court of Justice (ECJ) handed down a landmark decision in Costa v. ENEL declaring E.U. law superior over state law, and the ECJ supreme in interpreting E.U. law, including its basic law (which acts as a constitution). The E.U. saw the federal-level sovereignty expand into two “pillars” besides the renamed EEC. Even so, while in office as prime minister of the British state, David Cameron referred to the E.U. federal system as instead one of the networks to which Britain happens to belong. A network, such as NATO, does not hold any sovereignty. A network is not a federal system, and yet the E.U. is a federal system of dual sovereignty (i.e., held both by the state governments and the federal government, or “institutions”). Nor is a “bloc” a federal system, and yet even after secession British government officials (and their media) steadfastly used the loose term in spite of the fact that the E.U. covers more than trade and even economic policy and has legislative, executive, and judicial branches, as is typical for a government. Even remaining states have perpetuated the misleading term. Deutsche Welle, based in the state of Germany, notes in one article that without a trade deal, “the UK could face a so-called cliff-edge scenario which would effectively cut trade with the bloc.”[1] Cambridge Dictionary defines bloc as “a group of countries or people that have similar political interests.” Incredibly, even though the E.U. even at its inception included two non-economic “pillars,” the dictionary lists as one example, “The European Union is a powerful trading/trade bloc.” So too, were the former Eastern/Communist bloc countries even though they had not formed a federal government and they were not even republics (i.e., states) in the former U.S.S.R.

So the Truman Doctrine of the U.S., which pledged that the U.S. would help any country in the Americas resist the encroachments of communism rendered all the countries in the Americas a bloc due to the common political interest. So too, Western European countries constituted a bloc in having a shared political interest opposing the communist bloc in Eastern Europe (as well as the U.S.S.R.).  To apply the term bloc to a federal system undermines it because the term reduces it (of any sovereignty) into a mere common political interest.

Even just in thinking of the E.U. as a bloc, the British trade negotiators in 2020 were understating the status of the political union and ignoring its portion of sovereignty over its remaining states and in relations with governments around the world, including that of the UK. Even while it was an E.U. state, the UK government bristled at the reality that the federal institutions held some sovereignty in the federal system (the states holding the rest, as is the case in the U.S.)—yes, as in the case of the United States. Perhaps this comparison is precisely why the British government has intractably held onto the fiction that the E.U. is a mere bloc rather than a federal system with, yes, a federal government.

In the Deutsche Welle article, Michael Clauss, an official with the German government, warns that it is not possible for Britain to have “full sovereignty and at the same time full access to the EU’s internal market” in a trade deal with the European Union.[2] I submit that as a state, the UK wanted just that, and thus butted heads with the political/governmental reality that E.U. states were semi-sovereign as they had ceded some governmental sovereignty to the federal governmental institutions (i.e., government). Even in refusing to refer to a federal government, using institutions instead, officials of state governments generally have tried to deny that the E.U.’s executive, legislative, and judicial branches together constitute a government, as if basic law had not been established and judicially interpreted by the E.U.’s highest court. No federal government, no federal governmental sovereignty. Of course, even a collection of institutions at the E.U. level could have sovereignty; even the voting system of qualified majority voting means that a state government could find itself having to implement an E.U. directive.  

The refusal to admit that the E.U. has some governmental sovereignty even in carrying on trade negotiations has left it open for Euroskeptics to refer to the E.U. as an international organization akin to NATO or the UN, neither of which have a government or sovereignty. The British government officials can say that the former state can enjoy full sovereignty yet still have full trading benefits. 

Yet in spite of the qualitative differences between the UK and international organizations, the world, including former and current E.U. states, accepted the convenient analogy of “Brexit” to a divorce. The Deutsche Welle article, for example, observes, “Brexit supporters in the UK have grown frustrated with delays that have been plaguing the divorce proceedings since the Brexit referendum in June 2016.”[3] A divorce implies to commensurate parties, but it breaches logic to say that a state in a federal system is equivalent to the whole instead of the other parts thereof. Don’t tell Kant, but ideology can warp even logic and facts of reason. 

Does secession render a state equivalent to a union of states? 

We are supposed to believe that an international organization without its own sovereignty and a nation-state got a divorce, and, furthermore, that the nation-state can nonetheless expect to continue to get trading benefits that members get. A sovereign government can expect to get such results in negotiating with a mere international organization, and yet the divorce analogy implies that the two parties are equivalent (even though a state is not equivalent to a union of such states, or even former states). That the media in Europe and elsewhere (e.g., The New York Times) have allowed themselves to be manipulated by such twisted, self-serving ideological “logic,” which belies the strength of the E.U., suggests that the stamp of officialdom can be without a viable foundation.

1. “Germany Urges UK to Be ‘More Realistic’ on Brexit,” DW.com, June 4, 2020 (accessed same day).
2. Ibid.
3. Ibid.