common sense

"there is no arguing with one who denies first principles"

Friday, September 9, 2016

Laws, Facts...and tables


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Alan Dershowitz, famed defense attorney, has a great quote about the practice of defending clients.

“When the law is on your side pound the law. When the facts are on your side, pound the facts. When neither is on your side, pound the table! (paraphrase)” it is a brilliant line because it sums up most of our adult arguments in a classic ‘rule of 3’ joke line. From the time we are kids we argue based on one of those three conditions. Most adult arguments can be boiled down to those three elements. Our debates fit neatly into one of the camps but rarely is our opinion solidly so.

As kids we took turns washing the dishes every night fighting about whose turn it was. From the lazy “It was my turn last night I ain’t doing ‘em again!” to the exaggerated “I wash all the time!” 

The ‘law’ part works like this. The dishes need to be done; it is the law of the house and someone must do them. The ‘fact’ part of the argumentation goes like this, some wash dishes more than others so they shouldn’t be assigned the dishes yet again. It doesn’t matter if the person shouting about doing the chore more frequently is telling the truth. We never had a system for determining who ACTUALLY washed the previous night—memories being short.

Imagine a third family member (cousin) who never did dishes because they didn’t live there getting dragged into the conversation. The task was given to the visitor, it’s the least they could do getting a free meal and such. The cousin is neither required to do the dishes on a regular basis, no law, neither have they cleaned up at any point in the past, no facts. Their only recourse is to shout, threaten or beg mercy and hope the other family members are scared enough or compassionate enough to recant on the chore.

By appealing to a sense of sentiment “I am a guest here!…how many times do I come over and I have to clean up?” Or violence “I am going back up real slow…when I turn around I better see those dishes getting scrubbed.” This is said while holding a steak knife and doing mock jabs into the air. The ungrateful visitor is ‘pounding the table’ since they lack other options.

It goes further toward explaining most issues of the day whether political or cultural. These days the two collide like heated atoms. Take any issue and apply the formula. Donald Trump has rocketed to fame this year, primarily because of his strong stance against illegal immigration. He pounds the law by emphasizing the illegality of being in the country and his recommendations are born of law enforcement—a big southern fence. Hilary Clinton, when she does debate, pounds the facts of illegal immigration and the businesses that depend on migrant workers and low skilled employees. Groups that support amnesty for illegals and congressman like Luis Gutierez of Illinois pound the table by criticizing the law and name calling their opponents.

Immigration is a far more intricate spectacle than the simplified version I laid out. I gave Clinton too much credit; mostly she prefers table pounding and name calling. She has been on both sides of the issue surely. Trump has been nasty as well but has recently softened his position on making Mexico pay for the wall. The tactics politicians use are a mixed bag and almost no one takes a purely rational line on anything. The framework Dershowitz laid out for the courtroom holds true for issues of the day. If nothing else, it should help a person recognize what the opposing view might look like and where it will come from.

Oh and our dish problem was solved by the revolutionary idea of assigning a day to a kid, 6 kids 6 days. Mom took day 7.


 Legal brilliance tied law and fact together and no one was hurt—despite the table pounding.   

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