There are some stories that make me yell out in frustration. Frustration at the lack of respect for the nature of a child. Frustration at growing militarization and criminalization of behavior. Frustration at the abuse of children and adolescents by the society who is supposed to protect them.

My own, [...]]]>

There are some stories that make me yell out in frustration. Frustration at the lack of respect for the nature of a child. Frustration at growing militarization and criminalization of behavior. Frustration at the abuse of children and adolescents by the society who is supposed to protect them.

My own, very direct, work with adolescents makes the recent Guardian UK story, “The US schools with their own police” that much more frustrating. The subtitle tells you the angle of the story, “More and more US schools have police patrolling the corridors. Pupils are being arrested for throwing paper planes and failing to pick up crumbs from the canteen floor. Why is the state criminalising normal childhood behaviour?” and it is very well done. My question is: How did it become socially acceptable for an adult cause a uniformed and armed police man to arrest and charge a young child with disorderly conduct.

“several districts ticketed a six-year-old at least once in the last five years”.

I have so many questions about the violation of children’s rights in these cases… legal friends? rights/ethics/philosophy friends? help?

• A child is, by law, not allowed to earn wages. By fining them with a monetary charge, you are requiring them to procure funds that are illegal for them to trade for. Did I miss something?
• Compulsory education laws in Texas require attendance until the age of 16, the law requires these children to be in these environment, or risk legal charges brought against them. The parents and children have no recourse for the charges. They are not part of the conversation that determines what the punishable offenses are, nor are they authorized to petition once the charges have been made. Isn’t this lack of representation a problem? The school board is an elected body (mostly), but they do not make the rules for offenses in the schools, I believe those are decided upon by the principles and superintendents, who are appointed, not elected. Legal friends, can you help me understand this?

I have written about the tragedy of zero-tolerance before and I encourage you to read this Guardian article in its entirety. Then ask yourself:

What are we teaching these children? What norms are we acculturating them to? What society are we preparing them for?

P.S. Here is an response to the article discussing the possible profit motive for these actions. It is useful to ask what the incentives for these kinds of decisions might be.

Texas Schools Have Police Arresting Kids-The Young Turks

A Women’s Liberty Reader Essay Selections

Women’s Rights

In my years working in the non-profit sector, I developed an ever-expanding wish list of things I would change. At the top of the list was the donor-fueled perverse incentive structure.  Under the [...]]]> Two recent articles point to the emergence of something I have been waiting for…philanthropic organizations recognizing and even publicizing when they fail.

In my years working in the non-profit sector, I developed an ever-expanding wish list of things I would change. At the top of the list was the donor-fueled perverse incentive structure.  Under the guise of not wanting to upset donors non-profits consistently deny themselves the opportunity to innovate, expand, improve their outcomes, and, through that greatest market information mechanism, failure, come to know how they could have been better.

The recently launched website,  Admitting Failure,
is making a go at tackling this seeming endemic problem.  Their page says it all: “By hiding our failures, we are condemning ourselves to repeat them and we are stifling innovation. In doing so, we are condemning ourselves to continue under-performance in the development sector…Competition for financial support in the aid sector has resulted in a ‘worst practice’ – secrecy. This site and those who support it are attempting to correct that error, and create a best practice of openness, transparency and honesty. We’re all in this together. We’re on the same side in the fight against poverty, inequality and unnecessary suffering in too many forms. Let’s admit our failures to find greater successes.”

Another recent article from The Chronicle of Philanthropy details a number of organization who were chartered with self destruct buttons…essentially an organizational death date.  How do incentives change when you know that you only have a limited number of years to make your impact? I could see it going a couple of ways. What do you all think?

All in all I think this is a healthy trend and I am encouraged by it. The economic system which allowed for $217.3 billion to be spent on specifically-charitable endeavors in 2009, is one that thrives on failure. It is about time those charity organizations get the message.

A closing thought:

We are all doubtless bound to contribute a certain portion of our income to the support of charitable and other useful public institutions. But it is a part of our duty also to apply our contributions in the most effectual way we can to secure this object. The question then is whether this will not be better done by each of us appropriating our whole contribution to the institutions within our reach, under our own eye, and over which we can exercise some useful control? Or would it be better that each should divide the sum he can spare among all the institutions of his State or the United States? Reason and the interest of these institutions themselves, certainly decide in favor of the former practice.

Thomas Jefferson

The goal of “Liberty for Kids” is to be a guide for parents, teachers, and young people [...]]]> I know we haven’t used this blog in a while, but we are going to start again now…with the launch of Liberty for Kids-Resources for Exploring the Foundations of a Free Society, with Children!

The goal of “Liberty for Kids” is to be a guide for parents, teachers, and young people as they begin to educate themselves and their loved ones about the nature and foundations of a free society. We hope to be the source for libertarian children’s resources. With videos, books and guides for everything from philosophy and economics, to entrepreneurship and history, Liberty for Kids hopes to provide an easy to navigate resource for parents and young people who wish to educate themselves and their loved ones about the nature of a free society. We already have a ton of content up and are adding more soon, so please take a moment to browse the site, and let us know of any feedback you may have, including any resources you think might be appropriate.  I would also welcome information about any sponsors, or opportunities for featured resources, that you might know about.

And if you are still looking for a holiday gift for the young people in your life, there is the newly published Liberty for Kids Holiday Gift Guide. Enjoy!

According to the Merriam Webster Dictionary (www.meriam-webster.com):

A suburban school district secretly captured at least 56,000 webcam photographs [...]]]> I find myself constantly amazed at the lack of ethics and logic, even just plain common sense, regarding our treatment of children in society.  The startling lack of judgment on the part of the Lower Merion School District (The latest headlines read:

A suburban school district secretly captured at least 56,000 webcam photographs and screen shots from laptops issued to high school students, its lawyer acknowledged Monday. Full Article)

and the recent tasering of a ten year old boy in Martinsville, Indiana (Full Article) are all symptoms of the same problem: I will call it “Zero-Tolerance  Thinking”

By “Zero-Tolerence  Thinking” I mean the tendency of adults, members of large powerful institutions such as schools and police forces, to think of people, all people, in terms of groups.  We all do some version of this. It acts as an economization of time and effort in using our judgment. And it can be a useful social tool:  labels allow for us to categorize our social experience, and more quickly make decision. It becomes Zero-Tolerence Thinking when, instead of sound judgment, those in a position of power and force use it to exact punishment. It becomes dangerous when instead of seeing a ten-year old boy, throwing a tantrum, police officers see a violent offender whom they must violently subdue.

How about you? How often do you do this? How often do you choose put a situation into easily definable terms, instead of thinking critically about all that parts? As teachers, co-workers, friends, have you done this (albeit on a smaller scale)?

My larger question is about the outcome when we do this to children. When we see them as a group, instead of as individuals, how does that change their understanding of self? Zero-Tolerence policies at schools create situations in which the individual child is subsumed under the rule of gross group punishment. The implicit moral is “Do not think about your actions, your desires, the particulars of your situation. They do not count, will not be taken into account when considering the consequences. Follow the rules. All of them.” Who does this policy serve? Is there anyone who feels good about it? The administrators, who usually recognize the injustice? The parents who see their child in pain? The student, who is emotionally destroyed?

The most eloquent description I have found was unsurprisingly (or surprisingly, if you aren’t as familiar with her body of work) written by Maria Montessori :

The fact that the rights of the child have been forgotten and ignored, that the child has been mistreated, even destroyed, and that moreover hsi worth, power and nature have been misunderstood, should all give humanity serious food for thought.

Maria Montessori, 1938

Very serious food for thought. And a serious call to action.

P.S.  I recently came across this fantastic account of a small town lawyer and his fight to make a school board use common sense. Enjoy!

Zero-Tolerance For Zero-Common-Sense

If you practice law in a small town–and especially if you practice criminal law in a small town–chances are pretty good you’ll eventually experience the joy & thrill of appearing before some school administrators at an expulsion hearing.

And you may be thinking to yourself, that doesn’t sound too bad. What harm could come from developing a niche practice in a small town, a practice in which you might be able to help confused students (and their parents) find their way back into school to pursue their future academic and extracurricular promise?

Well, Dear Reader, the problem is YOU WILL LOSE YOUR MIND.

Welcome to the Land of Zero-Tolerance, a place much like Alice’s Wonderland, where your client gets a mad tea party instead of a hearing with due process, conducted by a school administrator who could be easily confused with the Queen of Hearts. It doesn’t take long to find out that a “policy of zero-tolerance” can be the modern-equivalent of “Off with their heads!”

Now, some solace can be found in understanding  this frustration is  not new. One of my favorite sages, Mark Twain, once quipped:

“In the first place God made idiots.

This was for practice.

Then he made School Boards.”

So, you can’t say you weren’t warned. But that doesn’t mean it hurts any less when you bang your head against the schoolhouse wall.

I once represented a young man, who had never been in any real trouble at school, for an expulsion under a zero-tolerance statute for the offense of  “possessing a firearm facsimile.” His transgression? He had made the mistake of asking to see the object another student had brought to class. It turned out it was laser-pointer in the shape of a gun. A very small gun. Like a tiny toy gun. Which he could hold in the palm of his hand and then close his fist around without anybody else knowing what it was. Which is why he stupidly asked to see it in the first place because he didn’t know what the other kid had in his hand.

The school principal said he was compelled to expel my client for a year under the law and it didn’t matter what my client’s intent was. I appealed to the school board and pointed out that the language of the statute clearly required that the “weapon facsimile” be capable of being confused with a real gun. The school board was unimpressed with my logic. After all, as one school board member commented, it could have been just like one of those tiny guns that James Bond uses.

OK, then.

Luckily, a district court magistrate–employing a shocking amount of common sense–didn’t buy the James Bond approach and overturned my client’s silly expulsion. The school board, wounded by this judicial rejection of their power, appealed.

The appellate gurus can probably predict what happened next. I made arrangements to have the little gun-shaped laser-pointer brought to the oral arguments, where I showed the Court of Appeals just  how small it was and how it could be held inside a fist without any sign it was there. And the Court of Appeals judges shook their heads in approval and asked really good questions that showed just how absurd they thought the school board’s decision was.

And then they issued an opinion upholding the expulsion–because it was the school board’s decision to make–not some pushy, common-sense wielding judge.

And, not for the first time, I went insane.

So imagine the state of my mental health when coming across this item in the New York Times:

“Finding character witnesses when you are 6 years old is not easy. But there was Zachary Christie last week at a school disciplinary committee hearing with his karate instructor and his mother’s fiancé by his side to vouch for him.

Zachary’s offense? Taking a camping utensil that can serve as a knife, fork and spoon to school. He was so excited about recently joining the Cub Scouts that he wanted to use it at lunch. School officials concluded that he had violated their zero-tolerance policy on weapons, and Zachary was suspended and now faces 45 days in the district’s reform school.”

Please be sure to click on the link to the NY Times story to view the picture of this scary transgressor Zachary. Nefarious, ain’t he?

The NY Times correctly reports that zero-tolerance policies concerning weapons started with the tragedy at Columbine High School, here in Colorado. But the reference to Virginia Tech and the claim that the “growing debate” over whether these policies have gone too far being a recent development are not accurate. The shooting at Columbine was over ten years ago, and most of these laws were passed soon after in the typical knee-jerk fashion so loved by state legislators. The shooting at Virginia Tech is only one such awful and sickening demonstration of the ineffectiveness and futility of these laws.

But zero-tolerance policies are very effective at one thing: demonstrating the definition of “absurd.” Thus, I could barely wait for the answer when the NY Times posed the question “on the minds of residents” where Zachary lives: “Why do school officials not have more discretion in such cases?”

The mind-bending, psychosis-inducing answer? School board officials don’t have more discretion because, essentially, they’re too stupid. (Score one for Mr. Twain, thankyouverymuch.)

It appears “some school administrators argue that it is difficult to distinguish innocent pranks and mistakes from more serious threats, and that the policies must be strict to protect students.” Protect the students from whom? From other students? Or from imbecile school administrators too dumb to distinguish a prank from a serious threat?

And the answer is??? Of course! It’s from imbecile school administrators:

Charles P. Ewing, a professor of law and psychology at the University at Buffalo Law School who has written about school safety issues, said he favored a strict zero-tolerance approach.

“There are still serious threats every day in schools,” Dr. Ewing said, adding that giving school officials discretion holds the potential for discrimination and requires the kind of threat assessments that only law enforcement is equipped to make.

There you have it. Zero-tolerance laws are designed to protect students from school officials who possess zero-common-sense and are unable to make unbiased decisions that an average cop, who presumably has less education, makes on a daily basis.

So, while school officials might be in charge of educating our children and inculcating values like fairness, equality,  and respect for authority in this nation’s future generations, we can’t trust them to tell the difference between a Cub Scout utensil exuberantly and proudly displayed by a six-year-old and a deadly weapon intended to be used to hurt somebody.

No wonder some school officials have tried to ban Mark Twain.”

The article illustrates why the modern state should not be in charge of public education.  But I think it also suggests that there [...]]]> This article on Mises.org (HT: Blake Stephenson) gives an example of how the negative feedback loops inherent in large, centrally directed bureaucracies stifle the use of judgment, local knowledge and initiative.

The article illustrates why the modern state should not be in charge of public education.  But I think it also suggests that there are problems that exist in all collective human endeavors that educators, social scientist and entrepreneurs need to try to overcome.

Why can’t we all “learn” from history?   Why don’t organizations learn?

Experience teaches.  While individuals can clearly be very resilient to recognizing the lessons of their experience, when the consequences of their actions fall squarely on them, it is difficult for them to be completely immune to the implications reality has for their thinking and behavior.  Even when we are resistant to such lessons, we are bothered by conscience and failure.    Reality provides a kind of ‘control’ for our errors.  Yet peoples, governments and organizations seem to be remarkably oblivious to lessons which can be drawn from their past.  They repeatedly take the same actions that are detrimental to their purposes.  They fail to draw conclusions about the consequences of their collective behaviors and they are slow, if not entirely resistant, to making use of innovations suggested by the experience of their members.

One of the reasons for this is that there is a fundamental epistemological difference between the natural and social sciences.  Strictly speaking, experiments cannot be made in the social arena because social structures and relationships are far too complex to isolate one-to-one causal connections between actions and results.   In the social realm, every moment is always different from the one before it.  History never repeats itself.

For these reasons, irreducible judgment and understanding (verstehen) are essential.  We can learn by reading history, however.  We can practice exercising our judgment about social dynamics by comparing the considered judgments other individuals have made about particular historical situations in the past.   This is practice in developing and considering likely stories about social cause and effect.  We can also learn from economics, which  tries to uncover the abstract and timeless principles of human actions.

The difference between the learning that occurs in individuals  about the immediate effects of their actions and the “learning” of group is that the composite results of the actions of individuals is not immediate and cannot be directly observed.  There are unintended and unobserved results of our behaviors that are beyond our conscious recognition and control.  Social science studies the results of human action but not of human design.  According to Frederick Hayek the “economic problem”–which is to say the fundamental social problem–is the need for agents’ actions to be coordinated to make use of the knowledge (and learning) available to all of those agents separately.  In order to make use of dispersed knowledge, we need experimentation, judgment and risk-taking on the part of diverse individuals and some form of feedback that translates individual learning into a form that will tend guide the actions of others.

In the nexus of voluntary exchange (the “market”), the price system and the institutions of private property help to coordinate the knowledge and decisions of all the agents involved.  In The Use of Knowledge in Society, The Creative Powers of a Free Civilization and Competition as a Discovery Procedure, Hayek describes how certain institutions tend to make use of fortuitous discoveries and local knowledge for the mutual benefit of agents in that nexus of exchange.

Strictly speaking, groups of individuals do not learn; concomitantly, institutions cannot learn. But social structures can be so constituted that they allow individuals to make use of the knowledge and learning of the other individuals in that group.

Figuring out how to order all of our collective affairs in such a way that optimizes the use of the knowledge of the members of a group who do not possess that knowledge themselves is an exciting task for those who care about learning and progress.

St. Johns College President Christopher Nelson  recently gave an address about the value of a liberal arts education at the Harvard Graduate School of Education.

If you have ever asked me why I went to St. Johns, what I think is so great about the liberal arts, or why I think that [...]]]>

St. Johns College President Christopher Nelson  recently gave an address about the value of a liberal arts education at the Harvard Graduate School of Education.

If you have ever asked me why I went to St. Johns, what I think is so great about the liberal arts, or why I think that education is the only way to create real change, here is your answer:

Our nation’s foundation rests upon the principle of the intellectual freedom of each of its citizens; its political, economic, moral and spiritual freedoms are all derived from this intellectual freedom, and its political, economic, moral and spiritual strength depends upon it.  We are a nation built upon a respect for the individual and a trust that our citizens are capable of self-government.

For the sake of our country, we therefore need our citizens to have an education in our democratic traditions and foundations, as well as in the arts needed to question and examine those very foundations so that we may keep them vibrant and alive for us against attack or atrophy.  There is a real tension between these two goods.  The traditions, customs and laws of the nation are at times at odds with the very things that encourage the autonomy of the individual citizen who might question them.  This tension is healthy in a free republic.

A college education that will strengthen this tension will serve this nation well because it will help us educate independent and self-sufficient citizens who will be fit for the freedom they enjoy in our country.  Providing the access and opportunity to as many as possible to undertake such an education will serve that public interest.

If we prize the individual in our society and value the ways an individual may become self-sufficient, we also ought to support the many and various means our colleges employ to help their students become independent and strong.  In the end, the independence of our citizenry will strengthen our nation.  Education in the arts of freedom and self-sufficiency make the promise of America possible[...]

We are sometimes asked whether we aren’t elitist.  One former dean’s answer to that was, “We are small, but we are about as exclusive as a pick-up baseball game.  If you have a glove, want to play and make an effort, you belong.”  It’s a particularly good image because it suggests something that is very all-American.  We are a model of an American institution in at least two respects:

◊ First, democratic participation is our primary mode in the classroom.  Our students are responsible for participating in their classes, all of them in the same way.  They must all read the books, and then they must learn to listen to the authors, listen to their classmates’ contributions, and listen to themselves speaking.  They have equal responsibilities, equal rights and equal opportunities to learn according to their abilities, their desire and their preparedness for class.

◊ Second, all of our students read, and read critically, the principal documents that define our American democracy: the Declaration of Independence, the Articles of Confederation, the Constitution, the Federalist Papers, the great speeches of Washington and Lincoln, and certain key Supreme Court decisions.

Read the full speech here.

{I love my college.}