There is an age old debate over what the basic unit of society should be. Is it more important to protect the interests of the community or of the individual? Should we, for example, require all of our citizens to be of the same religion, to have the same sexual orientation, to participate in the same rituals, to speak the same language? Can we require people to conform in the name of social cohesion or should individual rights take precedence? This is the old liberal/conservative split.
It occurred to me, while watching news about the confirmation hearings for Neil Gorsuch, that there is a small, but powerful faction (because they are aligned with those who have money) that now views another entity as the basic unit of society which needs protection–the corporation.
Social science author F.S. Michaels has argued that we live in a Monoculture, with an economic framework for understanding what it means to be human in the world. “In our time, in the early decades of the twenty-first century, the monoculture isn’t about science, machines and mathematics, or about religion and superstition. In our time, the monoculture is economic.”
In the economic monoculture we live and participate in markets and see ourselves as consumers rather than citizens. Citizens have duties to one another. Consumers go shopping and have choices. In a society based on religion, gods are the main forces driving everything. In a society based on economics, the corporation is the driver.
Corporations transcend communities and even national borders. This puts them outside the old community/individual split. In the economic monoculture, both individuals and communities, even nations, must put aside their own needs for the greater good of economic growth. The market is expected, as the gods and monarchs were in days of old, to provide well-being for the general population.
In this clip Senator Al Franken questions Supreme Court Nominee Neil Gorsuch about the case of Alphonse Maddin a truck driver employed by TransAm Trucking of Olathe, Kansas. On a day when the temperature fell to -27 F, the brakes on Maddin’s trailer failed. He waited for TransAm to send a repair unit. After three hours, they had not arrived. The heater in the cabin was not working. The temperature fell to -7 and Maddin found, in his words, “I could not feel my feet, my skin was burning and cracking, my speech was slurred, and I was having trouble breathing.” Still his employer urged him to wait. Believing he might die, Maddin ventured out into the cold to lock the trailer, then unhook it from his cabin so he could drive to safety. He later returned and finished his job, but he was fired anyway for leaving the trailer.
Maddin sued for wrongful termination. He won his case, but TransAm Trucking appealed, and the case was argued before the federal 10th Circuit Court of Appeals. Among the three judges hearing the case was Neil Gorsuch. Of the seven justices who heard the case over its years winding through the courts, only Gorsuch sided with TransAm. Gorsuch’s dissent did not cost Maddin his case, but it was popular with the business community.
There is one tangential point that I wanted to make, as we have been talking about the meaning of compassion. In this exchange with Franken, Gorsuch insists he has empathy for Maddin. Empathy means to understand the feelings of another person, to put yourself in his place. Even as he pleads “empathy,” he continually dodges the question of what he would do in Maddin’s position. (Maddin is African-American and it is possible that Gorsuch subconsciously believes that he was not actually in any real danger, wrongly assuming as even many medical students apparently do, that Black people actually feel less pain.)
Putting that aside, what Gorsuch appears to fundamentally believe is that employees have the duty to be obedient to their employers, even to the point of giving their lives in the service of the “job creator”. This is what a nation asks of citizens who are drafted into wars. In that case, the citizen sacrifices to preserve the nation. In the Gorsuch case the employee sacrifices to preserve the corporation.
This makes a certain sense, perhaps, if the market, not the nation or community, is viewed as the primary organizing principle of society.