by drlynch on Mon Feb 23, 2009 11:06 pm
This is a post that was suggested by a series of comments similar to one greatly shortened and edited here:
"Truth" has has to do with "uncovering" and its meaning. Shame is "covered". When we tell the truth we "uncover shame". We only can only come close to "shame-free living. In the courts we are in essence uncovering shame.
Response:
Certainly a central "truth" that Tomkins "uncovered" was to make clear the difference between "shame" and "guilt" the problem continues however as the two words are so engrained in our vocabulary and scrapped behavior that their "other" meanings always haunt us. Shame in particular as it has at minimum two uses in this system. The first of course is the pure physiologic sensation that the brain and body feels when interest is impeded. Second the cognition that something is wrong and that cognition can be "I am confused" to "I am a bad person", including the sensation that I am guilty. That is there is a continuum of variation of feeling and thought, embarrassment et al going form the physical feeling to the most devastating feeling of guilt. Point being we can never much have "shame-free" living. Shame cannot be transcended( post 12/29/00). Shame is neutral. It is not shame that need be uncovered as if we look for it is not hidden.
What needs to be uncovered are the scripts that impede the expression of shame. If shame is expressed , if we point to what is always right under our nose then all parties par take in the experience. Defenses against shame crumble and all parties have to admit and recognize that what we have been about is NOT an uncovering of shame but a massive ritual of covering shame much of the time. Courts do not expose shame they induce guilt(shame and fear). They induce much impediment to interest. At their best they expose that such and such took place and this is not often done in any kind of non shaming way. They are finders of fact and then the meters out of justice. As you say law students go to "law" school not "truth" or "justice" school. Truth and justice, too, are certainly words that have many meanings. When we get right down to it though "justice" is most often "attack other". "He got a just sentence, fine, punishment". What is this but society codifying its own inability, simply because we are not yet that evolved, to deal with the hurtful actions of others. And often we know ,deep in our own private world of disavowal that we have ourselves disavowed that we are the same as those attached and that often those in power(maybe ourselves) have much created the conditions of poverty and hopelessness which generated much of the hurtful actions(crime). Justice, seen thus, should fall away and truth becomes more approachable. Truth can only come about when defenses are dropped and shame can be shared, when it is shared it becomes co-mingled with interested. Such is the power of conferencing.
The legal system itself will only change through parallel movements like conferencing. It will change when a critical mass of individuals see the power of the method or similar methods. It seems that this will only happen when we have massive education about shame. The system will not change form within as it has its origins deep in humanities need to maintain order form earliest times, we did the best we could. It is still said that the legal system tends to be, on average, one hundred years behind the general populace. Law is too bound up in conflicting moral systems which bolster its use of shaming tactics. Without massive education about the role of emotion we seem to be spinning our wheels. On many levels we seem no better then the Greeks or maybe even worse at times.
That is the Greeks had enough sense , often, to know that they did not know. They knew that life was precarious, random and cruel and so they blamed it on the gods. We leave it up to the judges or police or prosecutors who, while doing the best they can, after all, live and work in a system based in morality or worse yet ones fate is thrown upon the mercy of a single judge's shame management scripts(at least if you are rich you have hope of appeal)and not state of the art psychology.
Any decent TV program illustrates these issues over and over: Law and Order, NYPD Blue, The Practice. I believe it was last weeks "Practice" that had a nice set up of a case involving the shooting of a mother by her son. An upper middle class family at a dinning table. The boy wants to go on a trip or something with friend, mom says "no". The child is quite disturbed and in agony holds his head and leaves the table. The father says to the wife that maybe they should "explain" more and not just say "no". She says she had explained why. The boy comes in with a gun and shoots the mother dead. The story then centers around whether the boy will be tried as a child or an adult. The prosecutor goes for the adult status, the judge agrees. Her reasoning is that children cannot be capable of such things therefore he must be charged as an adult (he is 14). That is to me she attacks the child as she is shamed by the reality of a child that is capable of doing such a thing. But of course a child did do this and she redefines childhood wily nilly to soothe herself form her horrible thought ,"If a child can do this then there is no childhood"(and of course there has to be idyllic CHILDHOOD). Logically she and the prosecutor would call this "justice".
So I think that really we will stumble about until we understand the centrality of shame and how we all respond to it. It is the only thing, seems to me, that will get us all on the same page. Certainly there are good judges, good laws and lawyers but in the end it is haphazard.
Lately I have given a lot of thought to what I see as part of our conundrum and that is that those that are doing ok, are doing a good job. Most of these people will not be interested in learning a new system, of learning about shame. Why? Because they are doing ok and possibly because to learn about shame might take some credit away form themselves, i.e. be shaming to them. Then those that seem to act out of shame in the larger world, most of whom have never even considered seeing a therapist, are of course less easily convinced.
I have thought that part of our job, then, is to be creative about taking success stories -because there are many, many success stories in all walks of life, yet we tend to concentrate so much on the negative- taking success stories and using them as examples to show why they work in terms of shame and interest. What is happening when Phil Jackson couches a team vs. someone that abuses their players, what happens when a Jack Welch(CEO of GE) runs a company(I am not sure, it seems that he is a "good" guy - sounds like it anyway)? Again point being neither Phil Jackson nor Jack Welch would probable be approachable about learning about shame as they feel they are doing fine. In general everything seems based on "talent", "personality", "charisma" and we are not much more specific than that. We take the view that humanity just has to wait around until some leader appears. Really what we are saying is that we have a way of "making" people talented and charismatic, that is we see that so much of who we are is simply about how we manage shame and that there is an enormous amount of talent out there that is never expressed due too large a burden of shame and guilt. The more you think about it the more one sees what a quantum leap in understanding this is. This makes things difficult but also exciting. Can the leap be one of all people and not only some? So to end on a positive note; last night I was talking a little about chaos theory with a friend and about how a hurricane does not begin with massive storm systems but with an extremely local event, so revolutions can start in one persons mind and if the conditions are right can take us to a new level quickly. Lets hope and lets hope the legal system comes along with us.
Brian Lynch, M.D.
3044 North Laramie
Chicago, Ill. 60641
773-202-7991
DrBPLynch at aol.com