Tuesday, September 22, 2020

The 42nd Parallel by John Dos Passos

 

Source of book: I own this.

 

I have mentioned before that the Fundie literature curriculum I used in high school had some huge gaps. (Most notable was pretending the Civil Rights Movement - indeed anything after WWII - never happened. Except a favorable mention of Joe McCarthy, of course…) One thing I never really had the chance to learn was the wealth of literature written in the 20th Century. While this is hardly a unique problem - I have not been impressed by the overall knowledge of books displayed by most people, and older generations are not one iota better for that matter - I have had to seek out books from this era on my own. 

 

I think too that it is easy in our culture to focus on the giants, those acknowledged to be the very best, and ignore the very, very good. So, while I agree that Hemingway and Steinbeck are worthwhile - indeed great - authors, they are not the only writers of the last century worth reading. 

 

I am trying to remember if I ever even heard of John Dos Passos through my education. Maybe, I guess? But I do remember that I kept running across his name in other books, and very occasionally in a magazine article. For some reason or reasons, he seems to be, if not exactly forgotten (he is generally respected in literary circles), he isn’t read. Perhaps because he turned against his leftist beliefs after a friend was murdered by the communists during the Spanish Civil War, or perhaps because he criticized American mass culture before the 1950s took materialism to a new depth, or maybe because his avant-garde writing style was imitated by so many as to become cliche? I am not really sure what happened. 

 



In any case, I found a “used” hardback copy of his U.S.A. trilogy at a library sale, and grabbed it. (It is a Library of America hardback, one of a bunch in my collection now - there have been a lot at library sales the last few years for a few bucks each, often in mint condition.) 

 

The trilogy can be looked at as either three books which stand alone, or as a single giant novel. But that is also an incomplete description. The books do not really fit neatly into the category of “novel.” There is no main narrative, but instead, multiple narratives that stand alone, even though the characters meet in some cases. 

 

Let me back up a bit. The book actually has four different things going on throughout. The first is what are called “Newsreels,” which are bits and pieces pulled from newspapers at the time of the book’s setting. In The 42nd Parallel, which is set in the run-up to World War I, the newspaper is the Chicago Tribune. The headlines and copy are run together so that they sometimes make amusing non-sequiturs. The second element is entitled “The Camera Eye,” and, like the newsreels, are a recurring feature. They are full “stream-of-consciousness” ramblings, and are memories of Dos Passos from his childhood and adolescence. They tie in with the historical events mentioned in the book, but have nothing to do with the actual narrative. The third element forms the bulk of the book. These are rather like normal chapters in a book, and tell the stories of his characters. However, they are not part of a unified narrative. In this book, there are five main characters, and all of their stories stands alone. The narratives do cross a bit, however, when characters meet each other. In some cases, the connections are brief, in others more intertwined. However, each of the stories could be its own story or even novella, without the need for the others. The final element are chapters on historical figures of the time, in this book mostly labor leaders. These brief biographies fit the theme of the book, but do not connect directly with the fictional characters. 

 

So, who are these characters, and what happens? Well, all of them are born into working-class families, some more impoverished than others. They grow up, and find - or not - their places in American society. I guess that is a good enough way to put it. 

 

The characters do vary a good bit. Mac (Fainy McCreary) grows up in brutal poverty, first in New England, then in Chicago. His uncle has socialist/unionist leanings, and trains him in the printer trade. When industrialist thugs destroy his uncle’s business, he sets out to seek his fortune, jumping trains, finding work where he can, eventually ending up in Mexico aiding the revolution. 

 

Janey Williams grows up in Washington D.C. and grits it out to become a skilled stenographer, eventually working for J. Ward Moorehouse. 

 

Speaking of Moorehouse, he is kind of a counterpart to Mac, in that he lives by words. However, he chooses advertising as his trade, and uses his chutzpah and utter lack of scruples to rise to the top of his profession. Oh, and also he manages to marry wealth, which gets him his start. 

 

Eleanor Stoddard is another social climber, with ice in her veins, and little loyalty to anyone except herself. She is, more or less, the mirror to Janey, whose good heart means that she, like Mac, will never be rich. 

 

Finally, there is Charley Anderson, a mechanic who is both gullible and over-generous, which gets him into trouble. His story is told at the very end of the book, which ends with him going off to fight in Europe. The narrative of his life continues in the next book, I believe. 

 

One thing that really struck me about the book is that Dos Passos is able to maintain a dispassionate, “objective” view of his characters at the same time as he makes them all - even Moorehouse - sympathetic and mostly likeable characters. They are all marvelously human and complex, and you root for them to succeed, and to make good decisions, and groan when they do stupid things and fail, and so on. 

 

Dos Passos also brought his settings to life. The gritty United States behind the glossy promotional flyers is where his characters live, where starvation is all too possible, but also where a man or woman can find a new life in a new city without a background check preventing employment. It is a place where you can jump a train, work for your dinner, and cut and run when things get too hot. You might find lumberjack work and put together some money, only to get fleeced the next day by a prostitute. 

 

Sex is woven throughout the book in a realistic and non-judgmental way. Dos Passos doesn’t buy into the Victorian myth, to say the least. Men in particular get laid when they can - but women too. Consequences are real too. STIs and pregnancy form key plot points - as does abortion. This is real life as it was. 

 

Overall, at this point in his career, Dos Passos was mostly optimistic that the future might actually be better. Unions were on the rise despite brutal retaliation from the police. Socialism was gaining in popularity around the world - and in the US - but had not yet become co-opted by brutal Communist dictatorships. The books were written during the Great Depression, so change was definitely in the air. Indeed, in retrospect, many of the great reforms of the 20th Century would be enacted during the 1930s and 40s. Dos Passos’ optimism was well founded, even as he himself became increasingly pessimistic and reactionary. (He literally campaigned for Barry Goldwater near the end of his life - that’s...a weird intellectual shift, to be sure.) 

 

More than anything, The 42nd Parallel (and perhaps the others in the trilogy - I’ll have to read them!) tells in story form the reasons why reform was so necessary. I have mentioned this before, in connection with Carl Sandberg, but it bears repeating: the United States came very close to becoming a Communist country, and the reason it did not is that unions and government responded to the Great Depression - caused by amoral wealthy capitalists - by enacting social democratic reforms. We are in a similar moment today, and I strongly believe that if the American Right does not offer solutions to soaring inequality and third-world level poverty and homelessness, then there will be reform forced on them. If it happens peacefully, as in the 1930s, then our current governmental system will be preserved. If not, then there will be a lot of capitalists getting shortened by about 10 inches. That’s the lesson of history time and time again. But the ultra-rich never learn that lesson…

 

It would be a mistake to assume that the words of the characters are the beliefs of the author. After all, Mac is a socialist, Moorehouse is a propaganda man, so their views are very different. Neither is entirely the voice of Dos Passos, but instead represent depictions of real ideas being debated at the time. That said, this was Dos Passos’ socialist period, and those views pervade the book. 

 

I should also mention, as a caution, that there are a lot of racial slurs thrown around in this book, and not just the well known ones. Every ethnic group, particularly immigrants from southern and eastern Europe, gets its own epithet, and Dos Passos uses them in a shockingly (at least today) casual manner. 

 

This is not to say that the book is racist. At least any more than in the sense of the unexamined “of his time” sort of thing that every era seems to have. Dos Passos is deeply empathetic with everyone, particularly those at the bottom of society. While African Americans don’t really feature in the book, the one scene that is most painful is also one where Dos Passos is clearly portraying racism as a negative, as he does throughout the book. A minor character, Doc, who is a bit nutty in multiple ways, gets drunk, and starts ranting about how much he wants to go kill some n----rs. The decent and sane people around him, get him back to his hotel before he does something stupid. As I said, the book is about white people, and mostly populated with white people (partly a function of geography), but Dos Passos writes empathetically about everyone, regardless of race or national origin. He is particularly concerned with the plight of immigrant groups, even as he portrays ethnic hostility between them. Only the kleptocrats come in for true condemnation. And, given the catastrophe of 1929, they deserve all the ire he shows them and more. 

 

So, let’s dive into some of the passages and quotes that stood out. Very early in the book, several characters are discussing the intractable poverty that they are in, despite brutally hard work. Mac’s mother has died, in part because of an inability to take sick leave or afford medical care, and his dad feels he has no choice but to “cut and run,” leaving his debts behind. Uncle Tim responds, addressing Mac and his sister:

 

“John, take it from me that I’d be the last one to want to bring disrespect on the dead that was my own sister by birth and blood...But it ain’t your fault and it ain’t my fault...it’s the fault of poverty, and poverty’s the fault of the system...It’s the fault of the system that don’t give a man the fruit of his labor...the only man that gets anything out of capitalism is a crook, an’ he gets to be a millionaire in short order...But an honest workin’ man like John or myself we can work a hundred years and not leave enough to bury us decent with.” 

 

Later in the trip to Chicago, he tells Mac’s dad, “We’ll make a social-democrat out of you yet.” And this is the crux, isn’t it? Tim is a “socialist” in a sense, but not a communist. He is a “social-democrat,” one who believes that democracy isn’t democracy unless it allows the people to change their social conditions through government. That’s not really a controversial idea, except here in the United States, where inveterate racism combined with widespread belief in easily disprovable myths lead people to believe that social democracy - which the rest of the first world has - is synonymous with the Gulags. 

 

How about another uncomfortable moment? In “Newsreel VI,” one of the headlines is “MOB LYNCHES AFTER PRAYER.” Not sure if that is an amalgam or not, but too often forgotten is that lynching was indeed a religious experience, with kids and prayers and picnics. 

 

Also intriguing was a scene in Janey’s childhood. She is caught playing with the neighborhood kids, who happen to be black, and invited one into her house. Her mom goes ballistic. 

 

“Now, don’t misunderstand me; I like and respect the colored people; some of them are fine self-respecting people in their place...But you mustn’t bring that little colored girl in the house again. Treating colored people kindly and with respect is one of the signs of good breeding...You mustn’t forget that your mother’s people were wellborn every inch of them...Georgetown was very different in those days. We lived in a big house with most lovely lawns...but you must never associate with colored people on an equal basis. Living in this neighborhood it’s all the more important to be careful about those things…” 

 

One might say that Janey’s mom is a white liberal. And like a lot of white liberals today, there is this “let’s be kind, but we don’t want to associate as equals.” It is better than it was, I believe, but I still run across stuff like this, particularly in the form of wanting to keep low income people out of one’s schools and neighborhoods. The racism is there under the surface. Janey’s jerk brother then follows her around yelling “Niggerlover” until she cries. He is more like the openly racist white right wingers flying Trump flags. (He does improve a bit as the book goes on: hardship and growing up help.) 

 

Janey’s mom is also retrograde in another way, also connected with her “high class” upbringing. 

 

“But it’s so interesting, mommer,” Janey would say when her mother bewailed the fact that she had to work. “In my day it wasn’t considered ladylike, it was thought to be demeaning.” “But it isn’t now,” Janey would say getting into a temper. 

 

Ah yes, the “stay-at-home mom” thing. Or, better, the woman who wasn’t so low class that she had to, you know, WORK. A reminder that “stay-at-home mom” has always been about race and class. 

 

Later in the same episode, Janey is with a guy she is dating (but who leaves her after she refuses sex before marriage), and he has this kind of incoherent statement about politics, which I found amusing. 

 

“I think Wilson’s a big man...Nothing like change anyway, the best thing in the world, don’t you think so? Bryan’s a big bellowing blatherskite but even he represents something and even Josephus Daniels filling the navy with grapejuice. I think there’s a chance we may get back to being a democracy….Maybe there won’t have to be a revolution; what do you think?” 

 

That description of William Jennings Bryan is pretty funny, and accurate. 

 

I should mention here as well, that the ellipses are in the original. It is one of the ways Dos Passos writes his dialogue. Likewise, there are a lot of compound words that are not hyphenated - he runs adjectives and nouns together and adjectives and adverbs, and adjectives with each other. It’s in interesting technique, and didn’t bother me much, other than in the sense that my proofreading self noticed it verymuch and I wanted to addspace to it. (See what I did there?) 

 

I should also quote a bit of the “Camera Eye” stuff. This one is interesting in part because it shows the racial discrimination within the union movement, as well as the casual use of racial slurs. 

 

    when the streetcarmen went out on strike in Lawrence in sympathy with what the hell they were a lot of wops anyway bohunks hunkies that didn’t wash their necks ate garlic with squalling brats and fat oily wives the damn dagoes they put up a notice for volunteers good clean young 

    to man the streetcars and show the foreign agitators this was still a white man’s

 

That gives a bit of an idea of how the capitalization and punctuation free stream of consciousness look on paper. 

 

Back to Janey, who by this time is setting out on her own, looking for work. Her experience at this agency is not particularly positive. 

 

The woman at the disk was a stout woman with bad teeth and a mean smile, she made Janey pay two dollars as a registration fee and showed her the waiting list of expert stenographers she had and said that girls ought to marry and that trying to earn their own living was stuff and nonsense because it couldn’t be done. 

 

Gee, thanks. Janey may never get rich, but she does make her own living. So I guess she is a success, after a fashion. Eventually she ends up working for Moorehouse, which is a fairly well paying job, and has other compensations. Janey loves the variety of advertising slogans and products. I particularly liked “Put an Alligator Pear on Every Breakfast Table.” Hey! Avocado Toast before there were Millennials! 

 

One of the short biographies is of Thomas Edison. And it doesn’t exactly hit the usual highlights. It does, however, mention the time he accidentally dropped a stick of phosphorus in his makeshift lab, setting the train car on fire and getting himself kicked off. Kind if interesting to imagine if he hadn’t been a precocious white boy. A black teen would probably have been lynched as a terrorist. (This would, presumably, still happen today…) 

 

One final mention is of the term “wobbly” to refer to a member of the Industrial Workers of the World, founded by Eugene Debs (who also gets a short biography). The word is used fairly often, and, while I was pretty sure I knew what it meant, I did look it up. It isn’t used much anymore, for some reason. I couldn’t help but picture a Weeble Wobble in a union cap…

 

Bottom line, I quite enjoyed this book. The characters and storylines were compelling. Dos Passos writes about injustice and hardship in a compassionate yet dispassionate way that is better experienced than described. He doesn’t preach (although characters do - in often contradictory ways), but shows. He shines a light on ordinary lives, ordinary people doing mostly ordinary things. The early 1900s are often overlooked, outshined by the Gilded Age and the Roaring 20s, but they have their own flavor, and are intriguing to read about. I look forward to reading the other books in the trilogy in the future. 

 

Wednesday, September 16, 2020

The End of Policing by Alex Vitale

 

Source of book: Borrowed from the library

 

The last few years have been...not good at all for police in this country. They themselves have been making a compelling argument that they are corrupt, racist, violent, and out of control. Even someone like me, who is conservative by temperament, a rule follower, and the relative of lots of cops, have been pushed strongly in the direction of supporting defunding. It’s stuff all the way from the local, where an old man with dementia and a crucifix was shot dead, to the national, where police are using tear gas on middle aged women - while ignoring right wing terrorists using pepper spray and paintballs on protesters, letting an illegally armed teen openly carry a military-style weapon and kill people. And it isn’t a problem of a “few bad apples” either. When police shoved and knocked unconscious an old man peacefully protesting, fracturing his skull, the aftermath was damning for the police. The perpetrators were - correctly - placed on administrative leave. The entire unit resigned in protest. It isn’t a few bad cops. It is a culture rotten to the core. 

  

So, in the aftermath of all this, I decided to read this book, and it is a real eye-opener. It expresses a lot of what I have felt, starting decades ago when I first got my driver’s license and found myself the target of police enforcement because of my youth, gender, and old car. (Those are some stories in and of themselves - and I realize how lucky I was to be a white kid.) There is a serious problem in policing itself, and it has gotten far worse during my lifetime. Alex Vitale takes a look at the underlying problem, which is not about how we police, but why. As the cover of the book states:

 

The problem is not police training, police diversity, or police methods. The problem is the dramatic and unprecedented expansion and intensity of policing in the last forty years, a fundamental shift in the role of police in society. The problem is policing itself.  

 

To start with, Vitale brings to the reader’s attention some disturbing truths. The United States, while not the only nation with problems in policing, is uniquely bad among first world nations. Even with incomplete reporting from many jurisdictions (seriously, we do not actually know how many people are shot or killed by the police - because many jurisdictions do not report them), it is clear that police in the United States use their weapons more than police in other developed democracies. And it isn’t close. Likewise, we incarcerate a higher percentage of our population than any other country in the world. And again, it isn’t close. We are far worse than any other first world country. By the way, as the author points out in a later chapter, these incarceration numbers do not include the tens of thousands of immigrants we have imprisoned. Again, we imprison more of our population than any other country including dictatorships like North Korea and China. 

 

So why is the United States so addicted to mass incarceration? Vitale takes a tour of the underlying ideology that leads to our approach to social dysfunction. In essence, after the end of Jim Crow as a result of Civil Rights Movement, a number of conservative theorists put forth the idea that social disorder was due entirely to moral failings on the part of those who failed to abide by the law. The reason for the disorder, therefore, was that insufficient violence and punishment had been done to the “bad people,” and that the cure was increasingly punitive social control mechanisms - aka policing. 

 

This, naturally, went hand in glove with some other rather nasty ideas. I won’t list all the names (in part because I had to return the book and am relying on my own notes and some photocopied pages), but many of these theorists were closely associated with Charles Murray, author of the openly racist The Bell Curve, and the ideas overlap greatly. The theory was that certain personality traits and cultural ideas combined to create the “criminal class,” people who would naturally be criminal no matter the circumstance, and that only punitive control would get through to them. 

 

Corollary to this idea was the related one that the long-understood causal link between poverty and crime had gotten it all wrong. People didn’t turn to crime because they were poor and desperate, but they were poor because they were morally defective. 

 

Broken-windows policing is at root a deeply conservative attempt to shift the burden of responsibility for declining living conditions onto the poor themselves and to argue that the solution to all social ills is increasingly aggressive, violent, invasive, and restrictive forms of policing that involve more arrests, more harassment, and ultimately more violence. As inequality continues to increase, so will homelessness and public disorder, and as long as people continue to embrace the use of police to manage disorder, we will see a continual increase in the scope of police power and authority at the expense of human and civil rights. 

 

And that is exactly what we have seen. 

 

Vitale goes on to look at the origins of the police, which are not as benign as many of us were taught. On the one hand, as Steven Pinker points out, giving the state a monopoly on the use of force is an improvement on private retribution as a means of justice. On the other, the police were never intended to be a neutral, fair and colorblind entity. From the beginning, they were designed to put down social unrest from the poorer classes. (There is a whole chapter on the origin of the police in England and the US for the purpose of breaking worker strikes - it’s untold history that we really should be taught.) This is why Vitale believes that meaningful police reform will not happen until we acknowledge the reality of why the police exist in the form they do. 

 

At root, they [liberal reformers] fail to appreciate that the basic nature of the law and the police, since its earliest origins, is to be a tool for managing inequality and maintaining the status quo. Police reforms that fail to directly address this reality are doomed to reproduce it.

 

And later in the book, he fleshes this out even more:

 

More than anything, however, what we really need is to rethink the role of police in society. The origins and function of the police are intimately tied to the management of inequalities of race and class. The suppression of workers and the tight surveillance and micromanagement of black and brown lives have always been at the center of policing. Any police reform strategy that does not address this reality is doomed to fail. We must stop looking to procedural reforms and critically evaluate the substantive outcomes of policing. We must constantly reevaluate what the police are asked to do and what impact policing has on the lives of the policed. A kinder, gentler war on the poor is still a war on the poor. As Chris Hayes points out, organizing policing around the collection of fees and fines to fund local government undermines the basic ideals of democracy. And as long as the police are tasked with waging simultaneous wars on drugs, crime, disorder, and terrorism, we will have aggressive and invasive policing that disproportionately criminalizes the young, poor, male, and nonwhite. We need to push back on this dramatic expansion of police power and its role in the mass incarceration at the heart of the “New Jim Crow.”

 

What we are witnessing is a political crisis. At all levels and in both parties, our political leaders have embraced a neoconservative politics that sees all social problems as police problems. They have given up on using government to improve racial and economic inequality and seem hellbent on worsening these inequalities and using the police to manage the consequences.

 

And yes, this is a political crisis, brought on by forty years of social darwinist economic policies on the part of both major parties. (Although the GOP is far more at fault in this, to be clear.) The fact that, for example, universal healthcare and affordable higher education are considered radical “socialist” ideas, rather than the basic infrastructure the rest of the first world considers them, is a sign of just how ingrained this idea of solving social issues with violence against the poor really is in our country. And, as we have seen from the last forty years, the unprecedented growth of policing and mass incarceration has most certainly NOT solved the problems. Rather, cruel and selfish political policies have cause ever worsening inequality, leading predictably to social problems like homelessness and addiction. It isn’t rocket science - this stuff has actually been well known for hundreds of years.

 

Any real agenda for police reform must replace police with empowered communities working to solve their own problems. Poor communities of color have suffered the consequences of high crime and disorder. It is their children who are shot and robbed. They have also had to bear the brunt of aggressive, invasive, and humiliating policing. Policing will never be a just or effective tool for community empowerment, much less racial justice. Communities must directly confront the political, economic, and social arrangements that produce vast gulfs between the races and the growing gaps between the haves and the have-nots. We don’t need empty police reforms; we need a robust democracy that gives people the capacity to demand of their government and themselves real, nonpunitive solutions to their problems. 

 

Vitale fleshes out a lot more of what our society needs to address social problems in the individual chapters on homelessness, the War on Drugs, sex work, and gangs, and there is insufficient space to discuss them in a post like this. In addition, there are many fine books on the subject of what a functional society looks like, with a living wage, universal access to public infrastructure including education and health care, a functioning safety net, and so on. Ultimately, a society with increasing inequality, third-world poverty, and structural racism is going to be dysfunctional, and no amount of violence by the police is going to fix that. And we should not expect the police to fix these problems. 

 

In the chapter entitled “The Police Are Not Here To Protect You,” Vitale illuminates an inconvenient truth: the police are not intended to protect you, and they are really, really bad at it. Most officers will never be involved in apprehending a violent criminal in the act. This is actually an extremely rare occurrence, despite what you see on TV. For the most part, the police show up after the fact, do some paperwork, and nothing gets actually investigated, let alone solved. In my own experience, having had my office broken into a few times, stuff stolen out of my vehicles, and so on, the police are pretty much useless. The only reason to call them is to get a report so that the insurance company can document that the loss was the result of a crime. That’s it. In the one case where someone was caught, it was because he tried to pass a stolen check. It was the skeevy “check into cash” place that actually caught the perp. And more often than not, the bank just eats the loss, and the perp walks. 

 

Instead, like most of us, my contact (outside of the courtroom for my job) with the police has mostly been traffic policing. (As I said, that’s its own story.) And not once has public safety been enhanced - it was mostly harassment and revenue generation. There is this myth that the police prevent and protect against crime. And this is baloney. In reality, extensive studies have shown that there is zero correlation between the number of police and crime rates. We are not getting any return on our investment, so to speak. Again, this is because the actual purpose of policing is social management of the symptoms of poverty and inequality. 

 

Vitale takes a look at the fact that policing is overwhelmingly directed at the poor. 

 

[T]he criminal justice system excuses and ignores crimes of the rich that produce profound social harms while intensely criminalizing the behaviors of the poor and nonwhite, including those behaviors that produce few social harms. When the crimes of the rich are dealt with, it’s generally through administrative controls and civil enforcement rather than aggressive policing, criminal prosecution, and incarceration, which are reserved largely for the poor and nonwhite. No bankers have been jailed for the 2008 financial crisis despite widespread fraud and the looting of the American economy, which resulted in mass unemployment, homelessness, and economic dislocation. 

 

Just one egregious example is when Wells Fargo fraudulently opened accounts without customers’ consent, thus stealing billions in fees. If a poor person had stolen billions, he would never get out of prison. But nobody did time at Wells Fargo. It’s okay to steal from the poor, after all. Yet surely this was a far more serious crime than, say, selling cigarettes on the street. 

 

One theme which keeps coming up in this book is that of “effectiveness.” Or, more accurately, the utter lack of effectiveness that policing has in what it is supposedly there for. The most obvious example, of course, is the ludicrous “War on Drugs.” How many billions of dollars - trillions perhaps - have been spent on this worthless war. And millions of humans have been incarcerated as a result. And yet, there is zero evidence that it has made one even tiny bit of difference in the availability of drugs. I could walk out my office door and get high in a matter of minutes. And so can anyone who wants to. All this money, all this mass incarceration, all the lives ruined, and I can get any drug I want in minutes. That is not effective in any possible way. Rather, it is just another war on the poor. (I cannot emphasize that enough. The poor bear the brunt of both crime and policing, to say nothing of austerity policies.) 

 

The chapter on mental illness and disability is pretty eye opening. A shockingly high percentage of those arrested are mentally ill, and usually have zero meaningful access to treatment. So we arrest and imprison them. This is extremely costly, and does not improve outcomes either for the mentally ill or for society. 

 

Reducing social services and replacing them with punitive social control mechanisms works less well and is more expensive. The cost of housing people and providing them with mental health services is actually lower than cycling them through emergency rooms, homeless shelters, and jails, as numerous studies have shown. The drive to criminalize has more to do with ideology than effectiveness: the mentally ill are seen not as victims of the neoliberal restructuring of public health services but as a dangerous source of disorder to be controlled through intensive and aggressive policing. Any attempt to reduce the negative effects of policing on this population must directly challenge this ideological approach to policing.

 

I think this may be the most powerful statement in the book. Our choice as a society to use policing to solve social problems is an ideology. It is not grounded in reality. It is not grounded in economic factors - we could save money with a different approach. It is not grounded in compassion. It is grounded in an ideological belief that people who suffer do so because of their own moral failings, and that what is necessary is to increase punishment and violence against them until they “decide not to be bad anymore.” Alas, this ideology runs in the conservative side of our culture, from the inherently abusive teachings on childrearing (children are wicked and must be beaten to save their souls) promulgated by evil men like James Dobson (Now revealed to be seriously racist as well...surprise, surprise), to the dog-whistle of “black kids are out of control because they aren’t disciplined by their parents.” It is a deep soul-sickness in our society. In my opinion, it is born out of both a hyper-individualistic bootstrap mythology and out of a need to find a justification for our 400 years of oppression and violence against nonwhites. Conservative whites in America seem to live in terror that a brown-skinned person might get something they “don’t deserve” - a fear that dates back to the Civil War, and probably before that. 

 

Back to the issue of cost. Vitale goes through a number of examples showing just how incredibly inefficient our approach is. In Florida, for example, a mere 97 “chronic offenders” - all mentally ill - cost the state an estimated $275,000 EACH per year. This is craziness. Likewise, a USC study of homelessness found that it cost the state far more under the current approach than it would to pay for housing and support services. As in, two years of living on the street cost $187,000, compared to the $107,000 to put a person in permanent housing with support services. We are throwing money down the toilet because of ideology. 

 

Not only is this wasteful, it is also unethical. Our treatment of the homeless is beyond evil - it is cruel and spiteful and a disgrace to us as a nation. We essentially criminalize homelessness. This is not really debatable. The UN Human Rights Committee has already called the US out on its failure to abide by human rights treaties we signed. 

 

“The Committee is concerned about reports of criminalization of people living on the streets for everyday activities such as eating, sleeping, sitting in particular areas, etc. The Committee notes that such criminalization raises concerns of discrimination and cruel, inhuman, and degrading treatment.” 

 

Vitale goes on to discuss the problems with our approach. 

 

This is an official finding about a treaty that the United States has signed and to which courts must adhere. It also lays out a framework for judging the criminalization of homeless people as cruel, inhuman, and degrading, which draws parallels with our constitutional ban on cruel and inhuman punishment as well as international restrictions on torture. 

 

Even if criminalization was successful, legal, and cost effective, it would still be unethical. We live in an economic and social environment in which the market is unable to house people at the bottom of the economic order and government is unwilling to make up the difference. Given this reality, how can we justify treating homelessness as a criminal justice issue? The law appears to be applied universally, but this fails to take into account the fact that the poor are always under greater pressure to break it and at greater risk of being subjected to legal action. As Anatole France pointed out in 1894, “In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread.” 

 

This is at the heart of the problem. The cure for homelessness is most certainly not more punishment to make the homeless “stop sinning.” It is also not to lecture them to be better. The key need is housing. Permanent, affordable housing, with support for mental health and the other issues they face. (Again, this would literally cost less than what we are doing now.) 

 

Moving on, Vitale looks at the criminalization of sex work, which is yet another area in which we spend way too much money, get zero observable results, and instead increase hardship to sex workers. 

 

What does it mean to criminalize sex work? When we allow police to regulate our sex lives, we inflict tremendous harm on some of the most vulnerable people in our society. Young people, poor women, and transgendered persons who rely on the sex industry to survive and even thrive are forced by police into the shadows, leaving them vulnerable to abuse, exploitation, and diminished health outcomes. 

 

Ultimately, this too is unjust and unethical. There is nothing just about telling impoverished people that they should stick to degrading, low paying jobs, rather than find alternatives. The whole chapter is excellent. 

 

Next up is the big one: the War on Drugs. So much has been said about this in the last few years, but it bears repeating. 

 

The War on Drugs is the most damaging and ineffective form of policing facing us. Whether we date this war from the 1914 Halstead Act, President Reagan’s famous all-out offensive, or President Clinton’s massive expansion of federal drug crimes in the 1990s, there is no evidence that our country’s drug problems have been improved by driving millions into prison. Since 1982, drugs have become cheaper, higher quality, and more widely available than ever before. Millions of Americans have tried them; high-school students have easy access to them. While ending the War on Drugs by itself won’t transform policing, it would be a major positive step toward radically redefining the role of police in society and improving racial justice. 

 

Vitale doesn’t downplay the harms of drugs, but merely highlights the fairly indisputable fact that our current approach has incarcerated millions with no observable benefit to society. Furthermore, the War itself has always been rooted in racism and xenophobia, starting with the Halstead Act which targeted opium on the grounds that it encouraged white women to associate with Chinese people. The act gave the police grounds to harass and brutalize an already vulnerable minority. Ditto for the association of cannabis, renamed “marijuana” to associate it with Mexican immigrants. Cocaine was associated with African Americans (ironic, since enslavers used it to get more work out of their enslaved.) The first “Drug Czar,” Harry Anslinger, openly targeted immigrants and people of color, and was personally involved in harassing and arresting singer Billie Holliday - and her death in police custody may have been connected to him personally. It’s a really sordid history. And that is before Richard Nixon. His drug policies were connected with his “Southern Strategy” of appealing to Southern white racists, and his dog whistle to “law and order” is still in use today by the Right. The War on Drugs were created specifically as a means of social control of politically undesirable (to the Right) movements, as John Ehrlichman (Nixon’s chief domestic policy advisor) later admitted. I will quote that interview, because it is so damning. 

 

“The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left, and black people. You understand what I’m saying? … We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”

 

We see this still today, of course. The whole Brionna Taylor murder is an example. Why did the cops get a “no knock warrant” to smash their way into her home? On the grounds that there might be drugs there (there weren’t, by the way) and if they had to knock before entering, the drugs might be flushed. 

 

I am not making that up. That’s “standard procedure.” To literally do a violent entry in the middle of the night, risk violence and endanger both the residents and the cops. Why? To get evidence to imprison someone for using drugs. This is morally ludicrous. And ineffective for anything other than harassment of people of color and increasing incarceration. 

 

And just a thought: how many middle class white homes do the police do this to? Not many if any. We wouldn’t put up with that kind of violation of our right to live at peace in our own homes. And this despite the fact that we middle class whites use drugs at the same rate as blacks. 

 

So why DO we insist on this heavy handed, ineffective and brutalizing approach to drugs? Why do we resist any policies that might reduce the harm caused both by drug use and policing? Vitale believes that it is yet another symptom of our “moral absolutism that is completely divorced from reality.” Again, it is the “suffering is caused by the victim’s sin” thing all over again. Addiction is a sin, and should be punished as brutally as necessary, even though this is completely ineffective. 

 

Among other real solutions, Vitale advocates for a return to what he calls “informal social controls” of the worst antisocial behavior stemming from addiction. In what really resonated with me, he mentioned that countries like Italy and France, where alcohol is largely unregulated, and people drink in public all the time. (As did we, when we went to Paris a few years ago.) Ironically, alcoholism rates are lower, and public intoxication is quite rare. We noticed this during our visit. You can literally by a beer from a street vendor anywhere. You can (and we did) picnic in the Louvre gardens with a bottle of wine. Heck, the Euro Soccer Championship was going on in Paris at that time, and Wales unexpectedly won a match. There were a LOT of drunken fans - and the Welsh party hard, from what we saw. But we never felt endangered, because the informal cultural controls were in evidence. The loudest guys (and gals) were corralled by the less intoxicated, and redirected in ways that deescalated anything antisocial. And, come to think of it, we see this a lot in white middle class communities, where drug use is carefully kept from being out in the public most of the time. Without the heavy-handed policing, it kind of flies under the radar. (Seriously. I know people who had drug problems - including relatives. It wasn’t no-knock warrants or 50 year sentences that helped them. Just saying.) Again, so much good stuff in this chapter. 

 

Another great chapter is the one on gangs. So much of what we (meaning middle class whites) “know” about gangs is the result of misinformation from the police (who have to justify the existence of heavily armed “gang units”) and television shows. But I grew up in an area of Los Angeles that had gangs, and Vitale is more right about the actual dynamics than the pearl clutchers. It’s complicated, shall we say. Gangs are not really the centralized organized crime syndicates like the Mob, which is why imprisoning the “kingpins” doesn’t really change anything. A lot of the violence isn’t from the older members, but from young wannabes. And, ultimately, the dynamics of poverty and the need to find support and protection drive gangs. (Also, the police act more like gangs than we would like to admit, including the “no snitching” culture…) 

 

Like with drugs, the War on Gangs has been laughably ineffective, and has mostly resulted in mass incarceration of young men of color. A couple of passages on alternatives to invasive policing stood out. 

 

First, we must have a real conversation about the entrenched, racialized poverty concentrated in highly segregated neighborhoods, which are the main source of violent crime. It is true that crime has declined overall without major reductions in poverty or segregation, but the crime that remains is concentrated in these areas. Unlike aggressive policing and mass incarceration, doing something about racialized poverty and exclusion would have general benefits for society in terms of reducing poverty, inequality, and racial injustice.

 

Most young people would gladly choose a stable, decent-paying job over participation in the black markets of drugs, sex work, or stolen property. The United States is more segregated today than ever before. It allows up to 25 percent of its young people to grow up in extreme poverty, something that just isn’t tolerated in other developed countries. It is from that population that most serious crime originates.

 

Key here is the “stable, decent-paying” job. The usual prescription given by conservatives for young men of color is that they need to “learn how to work,” by which they usually mean hard labor in degrading and low paying jobs. As notorious white terrorist Cliven Bundy put it, “they didn’t learn to pick cotton.” (Two ironies here: (1) anyone other than a white terrorist would never get away with armed invasion of a government building, holding hostages, and demanding special privileges. A person of color would have never made it out alive. (2) For someone claiming people of color are welfare queens, interesting that his entire business model relies on mooching off the public in the form of well-below-market access to public lands.) 

 

I should mention a few other things in passing. The chapter on school policing is outstanding - again, no evidence of benefits, but plenty of harm. 

 

The chapter on immigration policing is worth an entire post, if I had time. (Although you can read my immigration series here.) Since President Clinton militarized our border, ICE has vastly expanded, and we have incarcerated tens of thousands of men, women, and children for the “crime” of fleeing poverty and violence.) And, of course, our immigration policing has ALWAYS been about racism. ALWAYS. Oh, anyone remember “Operation Wetback”? Ah, the good old days when government used racial slurs to dehumanize people. Good thing we don’t do that anymore, right? [cough cough] Really excellent in this chapter is the thoroughly documented point that our immigration policing is much more about ensuring a cheap workforce that cannot protest violations of their legal rights than about actually regulating immigration. It maintains the racialized caste system. Hey, that’s a central theme of this book! Here’s a good quote:

 

One of the mistakes that Trump supporters make is imagining that their own economic conditions will be improved by continuing to exploit foreign lands while excluding those who suffer as a result. That analysis assumes that the wealth generated by the process will somehow trickle down to American workers. The last twenty years have taught us that these global economic arrangements do not include national allegiance on the part of corporations or sharing wealth within national economies. The wealth of the United States has increased dramatically in the last two decades, but all of that growth has gone exclusively to the richest 10 percent. The rest of us have seen wages and government services decrease. Our standard of living is not declining because of migrants but because of unregulated neoliberal capitalism, which has allowed corporations and the rich to avoid paying taxes or decent wages. It is the system that must be changed. 

 

Finally, and particularly chilling, was the chapter on the history of political policing. Which is very much going on today, with police around the nation not even pretending to protect “leftist” protesters, while allowing right wing terrorist groups to walk around with weapons. And this is nothing new. 

 

The myth of policing in a liberal democracy is that the police exist to prevent political activity that crosses the line into criminal activity, such as property destruction and violence. But they have always focused on detecting and disrupting movements that threaten the economic and political status quo, regardless of the presence of criminality. While on a few occasions this has included actions against the far right, it has overwhelmingly focused on the left, especially those movements tied to workers and racial minorities and those challenging American foreign policy. More recently, focus has shifted to surveillance of Muslims as part of the War on Terror.

 

Vitale also gets into the bigger picture of how US foreign policy has created a lot of the problems we see from foreign terrorists, including our support of despotic and violent regimes (that conveniently happen to agree with us on oil prices…) and our support of the unethical and destabilizing practices of Israel. 

 

Two closing thoughts from the book stuck with me, and serve as a bit of a summary of the basic premise, that our policing isn’t effective or cheap, makes things worse, and serves to use violence to suppress the symptoms of a cruel and unequal society. 

 

The best way to avoid political violence is to enhance justice at home and abroad. Rather than embracing a neoconservative framework of retribution, control, and war, we should look to a human rights and social justice framework that seeks to ensure universal health care, education, housing, and food as well as equal access to the political process -- goals we are far from achieving. 

 

And this:

 

Policing needs to be reformed. We do indeed need new training regimes, enhanced accountability, and a greater public role in the direction and oversight of policing. We need to get rid of the warrior mindset and militarized tactics. It is essential that police learn more about the problems of people with psychiatric disabilities. Racist and brutal police officers who break the law, violate the public trust, and abuse the public must be held to account. The culture of the police must be changed so that it is no longer obsessed with the use of threats and violence to control the poor and socially marginal. 

 

That said, there is a larger truth that must be confronted. As long as the basic mission of police remains unchanged, none of these reforms will be achievable. There is no technocratic fix. Even if we could somehow implement these changes, they would be ignored, resisted, and overturned -- because the institutional imperatives of the politically motivated wars on drugs, disorder, crime, etc. would win out. Powerful political forces benefit from abusive, aggressive, and invasive policing, and they are not going to be won over or driven from power by technical arguments or heartfelt appeals to do the right thing. They may adopt a language of reform and fund a few pilot programs, but mostly they will continue to reproduce their political power by fanning fear of the poor, nonwhite, disabled, and dispossessed and empowering police to be the “thin blue line” between the haves and the have-nots.

 

In general, Vitale writes with a calm and dispassionate style, and supports his arguments well. I believe this is an important book for a number of reasons. In our current moment, with cell phones documenting an unmistakable pattern of brutality and violence directed at the poor, nonwhites, and “liberal” protesters, we cannot continue to simply pretend there isn’t a serious problem. Vitale makes the important connection that the police are not “broken.” Rather, they are acting in accordance with the role our society has set for them, which is to use violence and aggression to treat the symptoms of a decades-long plundering of our society by the wealthy predator class. Even the first world’s most violent police forces and the world’s highest incarceration rate haven’t been able to successfully do that. We need a different approach, that addresses the cause of social unrest. Conservatives love to deride that as “social justice,” but the Bible simply calls it “justice.” The cure for unjust conditions isn’t increasing the violence against the oppressed, but righting the injustice. 

 

***

 

Update September 22, 2020: 

 

In light of one of the comments below, I would like to add an additional resource. Charles Murray's books, particularly The Bell Curve, but also Coming Apart, have been hugely influential on American public policy, as Vitale points out at greater length in the book. 

 Among other things, the books advocate for substantial cutbacks to all social welfare programs (including elimination of Social Security and government healthcare programs), in order to make it less likely that low income women stop reproducing so much. If that sounds like eugenics, well, yes. It is eugenics. You will also find the same anti-immigrant rhetoric that characterizes the Trump Administration. Those white immigrants of the past were smarter, but these new brown-skinned ones are stupider, because "science." 

 It is crucial to understand that Murray's books, while couched in terms of science, are actually about politics. They are about changing public policy based on a belief that intelligence is racial. So, instead of trying to make our country more equal, we should actually make it less equal, and let nature take its course. Again, social darwinism. Aka, eugenics. 

 

For more on this, including some of the most poisonous quotes, see this excellent article by Matthew Iglesias in Vox from 2018.  



Tuesday, September 15, 2020

The Burgermeister's Daughter by Steven Ozment

Source of book: I own this

 

I am still disappointed that this book didn’t get purchased by our extended library system, although I guess it might be a bit more niche than some. But seriously. A sex scandal, a family feud, legal and cultural issues, and a pretty feisty person. And it all really happened in the 1500s - this isn’t fiction. 

 


 

The Burgermeister’s Daughter tells the story of...the Burgermeister’s daughter, namely Anna Buschler of Hall, and how her life became the center of a series of court cases involving inheritance, support, false imprisonment, and fraud. See? Exciting stuff, at least to a lawyer! And the reason we know as much as we do about the story is because it was all dragged into this series of increasingly nasty court cases, and therefore preserved and documented. 

 

So, here is some background information. In 16th Century Germany, many things that we now consider to be matters of freedom in 21st Century America were governed by laws and “customs” - essentially longstanding cultural standards that everyone knew, and most respected, and for which violations could be punished either by the community or by the courts in some cases. 

 

The first of these customs was that of the Marriage Contract, and how it affected Anna’s rights. For some reason, conservative-leaning people in our culture tend to look with disdain on Premarital Agreements (aka “prenups”) as somehow leading to divorce or being otherwise sketchy. As a lawyer, I do not see them that way, of course. But it turns out that they were fairly common in the Germany of 500 years ago - across class lines too: they were not just for the wealthy. A Marriage Contract would carefully spell out the rights of a widow and of the anticipated children of the marriage, and limit what the surviving parent could leave to his or her next spouse. 

 

Contracts like these worked in concert with inheritance laws, which, unlike our own, did not give parents freedom to disinherit children. Also, unlike England, Germany’s laws expected that children inherit equally, rather than the bulk going to the eldest male. 

 

In this particular case, the marriage was between Hermann, a wealthy politician, landlord, and wine merchant; and his wife, a daughter of a minor patrician, also with her own money. Because of the particular nature of the marriage - it was across class lines, because Hermann had wealth, but not a title - the Contract itself was quite specific about the wealth each brought into the marriage, and how the wealth accumulated would be divided after death. Specifically, the children had rights to most of the jointly accumulated wealth and all of their mother’s wealth, upon attaining majority. Hermann would be left with just what he brought in, and would have to divide that equally among his children on his death. 

 

Also fascinating is the way that sex and gender played out in this case. On the one hand, many of the laws and customs seem backwards and sexist now. On the other, women still ran many industries, and had arguably more economic power than they did in the 1970s - certainly much more than they would have in the Victorian Era. Furthermore, as Anna’s case shows, they had the ability to petition the court - and even get the sympathy and support of the court in some cases. Like any era, it was complicated, so to speak. 

 

Into this cultural and legal climate came Anna and Hermann, two stubborn and inflexible people more like each other than not. 

 

Anna’s mother died when she was in her early 20s. At that time, she was working as a servant for the local baron - a fairly prestigious job - but her father insisted that she come back home and keep house for him. She did so for the next five years or so, until he kicked her out without support. 

 

What had happened? Well, it came to light that Anna was in relationships with two men, and pretty clearly having sex with both of them. (As the book points out, sex in theory and sex in practice didn’t exactly match. Although the Protestant reformers were trying to tighten things up, the laws were actually pretty permissive in comparison to how they would be in later centuries.) 

 

Anna actually had some good reasons for what she was doing. One relationship was with the eldest son of the baron, who was a few years younger than her. Apparently, they had a relationship starting back in their teens, something pretty common. Although it would probably never lead to marriage - that wasn’t entirely out of the question, given Anna’s mother’s nobility. 

 

The second developed later, and was with a soldier twice Anna’s age - but likely a suitable match for her socially. Also, it appears that he was a pretty decent guy, if a bit financially irresponsible. He was definitely less of a prick than the future baron. It is possible that they may have married in the future. 

 

Anyway, Anna wrote letters (keeping a copy) to both men, and kept their responses, which is how we know what we know about the relationships. Her father discovered the letters, and kicked her out, which led to the lawsuits. Because she was, at that time, entitled to receive her inheritance. 

 

From there, of course, things went badly downhill. Hermann violated the safe conduct agreement given by the Hall Council (essentially the city judicial body), filed a competing lawsuit in a different jurisdiction, had Anna kidnapped, returned to his home, and then chained her to a table for six months before she managed to escape. Yeah, that escalated really fast. 

 

For the next 25+ years, Anna would be engaged in litigation against her family. First against her father (and against the Hall Council for allowing the kidnapping), then against her siblings after her father’s death. Like most protracted litigation, these cases didn’t result in a definitive win for anyone. Anna still ended up with less than the law should have given her, but a good bit more than her father and siblings wanted to give her. She died in her 50s with a case pending, which rendered it mostly moot, as her then-husband eventually gave up trying to get a widower’s portion, and she died childless. As an attorney who has litigated disputed estates, this is actually kind of the way things go. Nobody is ultimately happy, but the lawyers make some good money, usually. 

 

One of the things that I liked most about the book was the way the author fills in information about history, politics, and culture. The story itself is fascinating, of course, but it is much richer understanding the political disputes between the aristocracy and the burghers, between the city (chartered by the crown) and the local nobles trying to enlarge their influence, between old and new money, and so on. Ozment thoroughly researched this book, and includes notes on his sources, most of which are primary. Everything is brought together to enrich the story and Ozment tells it in a compelling manner. 

 

One of the passages which stood out was the discussion of sex in the 16th Century. In some ways, society resembled ours. For example, through much of the late Middle Ages and Renaissance, marriage was not the dominant lifestyle for adults, and those who did marry often waited until their late 20s for financial considerations. (Sound familiar?) However, the approach to the obvious issues was a bit different. Recognizing that that single young adults were a big portion of the population, society took a rather gendered approach to the problem. Catholicism encouraged young people - particularly women - to join religious orders. And, because men were not, in practice, expected to stay celibate (even as clergy, when it came to actual practice), city governments “established public brothels during the fifteenth century as an outlet for the sexual needs of single young men and as a measure of protection for the marriageable daughters of burghers, whose purity and good reputation were essential for the best possible marriage.” It is important to remember that in our own time, we have mostly criminalized sex work. While prostitution hasn’t disappeared, it has significantly shrunk incomparison to the past. More telling, perhaps, is that as recently as 100 years ago, a majority of middle-class men had their first sexual experience with a sex worker, whereas now an overwhelming majority do so with someone in their own age and class. This has led to a lot of pearl clutching from those who believe strongly in the sexual double standard. And, of course, this has led to Purity Culture, and all the sexual dysfunction and fallout that goes with that. This book is just another example of the way that Fundamentalism relies on lying about the past to push their agenda. Things were never the way they claim, and there was no golden age of chastity. 

 

Another fascinating mention is of the “sumptuary” laws. For those who didn’t study history or law, these might not be well known. For centuries, the law literally dictated what clothes each class could wear. If you weren’t a noble, you couldn’t wear certain expensive clothes, no matter how much money you had. Dressing outside one’s class was both a sin and a crime. Literally. The point, of course, wasn’t to prevent vanity, but to allow people to tell at a glance where someone fell in the social hierarchy. Which in turn determined if you bowed to someone, or expected them to bow. This is a sadly universal human tendency, to want to create and maintain hierarchies - and use them to determine whose lives truly matter and whose do not. 

 

Because all we have is the court record, it is not possible to know everything about the story. One of the gaps is exactly what all happened between Hermann and Anna during those years at home. She later accused him of refusing to consent to or arrange a marriage for her, letting her waste her most “marketable” years. The evidence was conflicting on this, and there is much that never fully came out. The author speculates that possibly Hermann thought he could arrange a marriage to a noble, but was not able to. This would have been in keeping with Hermann’s other documented attempts to crash the noble party, so to speak. But another possibility the author raises is that Hermann simply preferred that his daughter stay at home and serve him, as kind of a surrogate wife. (After he kicked her out, he had to short-lived and very miserable marriages, which ended in death (#1) and divorce (#2) in less than two years.) If so, this is kind of an early version of the “Stay At Home Daughter” trend in Christian Patriarchy. Women are expected to forgo an education or an independent life, and “practice” for being a wife by serving their father in the same capacity. And yeah, even without the sex, that’s totally gross. It does seem plausible that Hermann expected this kind of domestic labor and emotional support from his daughter after his wife’s death. 

 

The question of a marriage for Anna was an interesting legal one as well. First, if a daughter rejected a suitable match arranged by her father before age 25, then led an “unchaste” life, he could disinherit her. However, if he was negligent in finding a match, and she was not married by 25, he could not disinherit her, even for unchaste behavior, because her sexuality would at that point be blamed on her father for not giving her an appropriate outlet. As I said, the legal part of this is fascinating in so many ways. 

 

The epilogue is also quite interesting. The author notes that Hermann ended up losing in the battle every bit as much as Anna. Although he was elected Burgermeister numerous times by the Council before the first legal case, after that, he was removed from his position, and never regained it. Documentation and testimony in the cases show that the other council members believed that Hermann had in fact wronged Anna, and essentially ostracised him politically. The author also looks at the power struggles of the 16th Century as part of a greater movement toward separation of powers, which increasingly came to be seen as necessary to protect freedoms. In our own day, we can see that when a would-be tyrant like Trump comes to power, he seeks to consolidate all power to himself, calling any challenges by the legislative and judicial branches “treason.” Things never really change in that sense - separation of powers remains important, as does “politics,” in the sense of governance being a continuous compromise between competing interests. 

 

The Burgermeister’s Daughter is an enjoyable and enlightening book. Ozment has taken primary sources and woven them together to make a human and nuanced picture of compelling personalities in a fascinating time in history. Although lawyers will likely enjoy this book particularly, it isn’t just for us. Anyone who finds human drama and history interesting will enjoy this true story.