My Introduction to Young Brett Kavanaugh’s World

October 4, 2018
Posted by Jay Livingston

“I had one beer!” Trump said, imitating Ford’s statement that she was not intoxicated when the incident occurred. “How did you get home? ‘I don’t remember,'” Trump said, mocking Ford’s voice. “How did you get there? ‘I don’t remember,'” he continued. Trump’s rendition was met with cheers in Southaven, Mississippi. [Source: Time The link also has a video of our president performing this routine.]

With all the news about Brett Kavanaugh and his pals — their callousness and their drinking — I’ve been remembering my own first encounter with drunken, Ivy League assholes. It was about this time of year, autumn but still warm. I was a freshman at Brandeis. One evening, some classmates and I went in to Cambridge just to see what it was like, this famous school that we hadn’t gotten into. I had never been in Cambridge before.

We were walking on Mass Ave on the Harvard Yard side of the street. On our left was Wigglesworth Hall, a freshman dorm. The space between the dorm and the sidewalk outside the fence is only about ten feet, though the social distance is much greater.

From the open windows came the sounds of partying. Suddenly, an object came sailing down at us — a one-quart milk carton. It glanced off my arm and some its contents splashed onto my sweater. It had been thrown from a third-floor window, where boys were now laughing uproariously. My friends and I looked at the milk carton — looked and smelled. It was filled with vomit, and that was what I now had on my sweater.

This happened when I was seventeen, a long time ago.
Do I remember how I got to Cambridge? No.
Do I remember how I got home? No.
Do I remember the names of the guys I was with? No.
Do I remember what I did with the sweater? Did I find a place to rinse it? Did I take it off? I don’t remember.
Were those Harvard freshmen prep school grads? I don’t know, but it’s likely. In those days, Harvard welcomed even more of them than it does today.
Did they become judges, bank executives, Senators? I don’t know. Probably some of them did.

So my memory, like Christine Blasey Ford’s, is spotty. I remember that the sweater was a green, cotton cardigan. I remember the look and smell of the vomit-filled milk carton. And I remember the derisive laughter.

Did the experience give me a lifelong revulsion towards Harvard? No.
But I was always careful never to walk on that side of Mass Ave on weekend evenings.

Political Speech as Improv

October 3, 2018
Posted by Jay Livingston

Donald Trump’s speaking style must infuriate the teachers of communications and public speaking, the professional speechwriters, the instructors in the required composition course, and anyone else who values logic and coherence, not to mention factual accuracy. Trump, unless he  sticks to a script someone has written for him, jumps from one topic to another, sometimes leaving sentences unfinished and interjecting irrelevancies that seem to be the product of the free association of a disordered mind.

But obviously, Trump is doing something right. It’s not exactly “method in his madness”  — Trump is not crazy, nor is he methodical. But he is using a strategy, a technique for connecting with his audience.

Gabriel Rossman summarized it perfectly in a tweet yesterday responding to the question, “Who is our Alcibiades?”

“A lot of people tell me I could have seduced Socrates, who by the way was a very 

famous philosopher I studied with. [begins to lose the crowd] Hey, who here likes 

Aristophanes? There's gonna be so much winning in Sicily you’ll get tired of it.”

Aside from the resemblances between Trump and Alcibiades, aside from the rhetorical style (“people say,” “by the way”) and egotism, there’s the quick change of topic when the crowd fails to respond. Reporters who followed Trump during the campaign and now in his presidency note the same thing. Trump is like a stand-up comedian with a variety of bits. When one routine isn’t working, he shifts topics until he finds some material that the audience responds to.

Martin Luther King did something similar in the early years, as Taylor Branch writes in Parting the Waters. He describes King in 1955, twenty-six years old, not yet sure of what will ignite a crowd, speaking at a YMCA on the eve of the Montgomery bus boycott.

“We are here this evening — for serious business,” he said, in even pulses, rising and then falling in pitch. When he paused, only one or two “yes” responses came up from the crowd, and they were quiet ones. It was a throng of shouters he could see, but they were waiting to see where he would take them. “And I think I speak with — with legal authority — not that I have any legal authority . . . that the law has never been totally clarified.” This sentence marked King as a speaker who took care with distinctions, but it took the crowd nowhere. “Nobody can doubt the height of her character, no one can doubt the depth of her Christian commitment.” “That’s right,” a soft chorus answered. “And just because she refused to get up, she was arrested,” King repeated. The crowd was stirring now, following King at the speed of a medium walk.     He paused slightly longer. “And you know, my friends, there comes a time,” he cried, “when people get tired of being trampled over by the iron feet of oppression.” A flock of “Yeses” was coming back at him when suddenly the individual responses dissolved into a rising cheer and applause exploded beneath that cheer — all within the space of a second. The startling noise rolled on and on, like a wave that refused to break, and just when it seemed that the roar must finally weaken, a wall of sound came in from the enormous crowd outdoors to push the volume still higher. Thunder seemed to added to the lower register — the sound of feet stomping on the wooden floor — until the loudness became something that was not so much hears as sensed by vibrations in the lungs. The giant cloud of noise shook the building and refused to go away. One sentence had set it loose somehow, pushing the call-and-response of the Negro church past the din of a political rally and on to something else that King had never known before.

King had tried giving the crowd the legal angle. He had tried giving them the nobility of Rosa Parks. The crowd merely waited. He had called, and there was no response. But “there comes a time when people get tired,” had opened the floodgates, and the crowd let him know. He used the phrase at least twice more. “There comes a time when people get tired of being thrown across the abyss of humiliation,” and “There comes a time when people get tired of getting pushed out the glittering sunlight of life’s July and left standing amidst the piercing chill of an Alpine November.”

Maybe there’s a lesson here for teachers – sensing when you’re losing the class and figuring out a way to get them back.

Dark at the Top of the Stairs

October 2, 2018
Posted by Jay Livingston

It happens once every couple of years. In a period when I’m not teaching, I happen to walk past a classroom where the professor is someone I know. The door is open. I stop to listen. And the person teaching the class sounds nothing like the person I know. The political science guy that I’ve had many calm discussions with is now bombastic. A friendly colleague sounds almost hostile towards the class. An unassuming friend comes across as pretentious.

The point of yesterday’s post about Brett Kavanaugh and Christine Blasey Ford was that we often make the mistake of thinking that people are consistent across a variety of settings. But they are not. We can easily picture how they will behave in settings like the ones where we know them. But it’s a mistake to extend that picture to parts of their life that we are not privy to. We are in the dark. And often, the area where we have the least knowledge of the other person is sex. It’s like that room at the top of the stairs, and everyone else at the party downstairs has no idea of what’s happening behind the locked door.

So while Kavanaugh may be the upstanding, friendly, helpful, honorable man of character that his supporters know, he could also have been capable of doing what Ford says he did at that party.

The latest episode of The Annex Sociology podcast has in interview with Nicole Bedera, who has done research about rape among students. Her personal story is especially relevant here.

In her senior year her college in Salt Lake City, she did a campus survey to estimate the prevalence of rape. Here’s an excerpt from the podcast.



Here’s an edited transcript

For my senior thesis I did a prevalence survey . . . on my campus . . . I presented [the results] anywhere I could . . . because I wanted people to know that sexual violence was a serious problem on my campus. And in giving all those presentations, a lot of survivors came up to me and told me their stories. And many of them named names. And in this process I identified three serial rapists on my campus. And two of them were close friends of mine. I tell this story because it’s so uncomfortable. Often the men that can get away with sexual violence are really charismatic, they’re often very powerful, they’re people who are likeable. . . That’s why when we hear whispers about what they’ve done, we say, “That can’t possibly be true. He’s such a nice guy.” So a lot of us are very close to people who have done unspeakable, horrific things to women in their past.

The entire interview is well worth listening to. You can find it here (don’t let the title and picture fool you). As Joe Cohen, one of the Annex hosts, says of each episode, you won’t want to miss it.

Memory and Character, What Are They Good For?

October 1, 2018
Posted by Jay Livingston

Christine Blasey Ford is 100% sure that a drunken Brett Kavanaugh tried to rape her thirty-six years ago at a party. Kavanaugh “unequivocally” denies it, says that he was not at any such party.

Often, those involved in the debate seem to be arguing on the basis of unquestioned assumptions that are incorrect. With two areas in particular — memory and character — widely held commonsense ideas just do not square with the findings of social science.

1. Memory.  It’s likely that neither Ford nor Kavanaugh is lying — deliberately saying something they know to be untrue. But memory is faulty. Our memories of events are incomplete — we can’t remember all the details — as most of us would admit. What people refuse to believe is that what they do remember may also be wrong.

We like to think that a memory is a photo or video. Over time, details may become faded or blurry or disappear entirely, but what remains was there when the event happened. Sorry, but that’s not how it works. Instead, memory is more like a document that we edit each time we open it. We add details, delete, change. Then we resave. Yet each time we call up the memory, we think that what we are seeing is the unedited original. We do this even with harrowing events. We can wind up entirely appropriating other people’s experiences, as Brian Williams did when he “remembered” being in a helicopter that was hit by an RPG. (See my 2015 post, or listen to Malcolm Gladwell’s podcast from last June. .)

Often, we edit memories in a way that makes them consistent with our idea of who we are now.  The man who in his fifties is sober as a judge will have a hard time remembering things he did as a hard-drinking and drunken teenager. He may not remember them at all.

2. Character. Kavanaugh and his defenders make much of his character. Because he is a man of excellent character, they argue, he could not have done what Ford says he did. This character argument rests on two dubious assumptions

• that character is an unchanging, and ever-present quality
• that behavior, especially behavior that can be judged as moral or immoral, flows from character.

We think that if we know someone’s character, we can know how he acted. Bad acts are committed by people of bad character. A person of good character could not have committed a bad act.

These assumptions about character are wrong, or at least incomplete. As Philip Zimbardo has said, reflecting on his own famous study and those of others, “behavior is largely under the control of social forces and environmental contingencies rather than personality traits, character, [or] will power.” In other words, situational forces matter more than does character. Zimbardo could have added that predictions as to how someone will behave become still murkier when that situation includes sex and alcohol.

Behavior is inconsistent. The person who acts heroically in one situation may act cowardly in another. But we know that person in only a limited range of situations, and usually, that range does not include sex. Nevertheless, we form judgments about their character. We think we  know how they would act in most other situations, including those that do involve sex. Then we are shocked to discover that the kindly priest who was always so thoughtful and considerate acted very differently when alone with the altar servers. Or that the fatherly fellow, “America’s dad,” so wise and thoughtful, is the same man who drugged women in order to have sex with them.*

Many women have come forward to support Kavanaugh. (You can see a short version of their video here.) They are identified as having been Kavanaugh’s friends, classmates, co-workers, and law clerks. Their message is that they are a diverse group  of women who have known Kavanaugh in a variety of situations.

Well maybe not so diverse. The photo looks like it might be a reunion of Fox News on-screen women except that there’s a handful of brunettes. More important, the settings where they have known Kavanaugh are very unlike the one that Ford describes.  Were any of these women at parties where Kavanaugh had been drinking heavily with other heavy-drinking bros like Mark Judge? Did any of them ever try to resist Kavanaugh’s advances at a party or on a date? Has any of them resisted or challenged Kavanaugh in any way even in more recent years and even at work, where he was a judge and they were clerks or whatever?

I was waiting for a woman to come forward and say, “I dated Brett for a couple of months in college, and even when he’d had a couple of drinks, he was a lamb. Sometimes when we were making out, he’d try to push me to go a little further. I’d tell him I didn’t really didn’t feel comfortable with it, and he’d say, ‘Ooops, sorry’ or something like that.”

I haven’t followed this story all that closely. Maybe some woman has said something like this, and I missed it. But it’s the kind of testimonial I would have found persuasive, far more so than several admiring law clerks talking about Kavanaugh’s professionalism and character.

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* I made this point in more detail in this 2011 post, which ended with a quote from Jay Smooth: “We need to move away from the premise that being a good person is a fixed, immutable characteristic, and shift toward seeing being good as a practice.”