Cassandra Voices

Tag: Aristotle

  • Review: Richard Kearney’s Touch

    Touch: Recovering Our Most Vital Sense is a recently published work by Irish philosopher and public intellectual Richard Kearney. The book is the third in the ‘No Limits’ series published by Columbia University Press.

    The blurb and introduction promise a timely meditation on the importance of touch in an age of virtuality. The book, we are told, asks how we are to reconcile the physical with the virtual, our embodied experience with our global connectivity. Unfortunately, however, it contributes little towards answering these questions, spending most of its few pages mulling over the history of philosophy and Western medicine; lingering around the goalposts without registering a direct hit.

    This is disappointing because Kearney has his finger on the pulse of a real undercurrent of dissatisfaction with our mainstream cultural model. Many of us believe that something has gone wrong, so we turn to our writers, artists and public intellectuals to identify the root cause. Is capitalism to blame? The invention of print? The discovery of fire?

    Kearney considers a neglect of touch as a key feature of our cultural predicament. It all began with the Greeks – he suggests – exemplified by Plato’s valorisation of the spiritually pure sense of sight over our beastly sense of touch. Now, we see the unhappy conclusion of such an idea; a culture founded around the image, where life is increasingly lived virtually at the expense of our physical existences.

    This mass sense of disembodiment, caused by engagement with digital technology, Kearney calls excarnation, a term loaded with esoteric theological significance. This aspect to our culture was brought into stark relief during the COVID-19 pandemic.

    Thus, most workers and students began working virtually from their own home, as nationwide quarantines were enforced, and social distancing was put in place in supermarkets, restaurants, and other public places. We realised that this was, in a way, the logical next step to the virtualisation of education and work. We just needed one catastrophe to put it in place.

    Worthy Premise

    ‘A civilization that loses touch with flesh’, writes Kearney, ‘loses touch with itself.’ (p. 47). This is a worthy premise to a book, and from this beginning, one can imagine an author moving towards a rich discussion of the effects of ‘excarnation’ on such matters as sex, violence, sport, the prevalence of body dysmorphia, self-harm etc. in our contemporary culture.

    The topic of ‘touch’ is indeed broad, but contemporary writers and cultural critics have gained good mileage with similarly broad topics in the past. An example is Maggie Nelson’s book The Art of Cruelty (2011), which takes the broad theme of cruelty as a foundation to a wide-ranging discussion on everything from avant-garde performance art, to the tropes of advertising, to the coverage of U.S. war crimes during the so-called ‘War on Terror’.

    This book, however, fails to deliver on its ambitious premise. Instead of diving into an analysis of contemporary culture, it stalls before it starts with two lengthy chapters introducing a glossary of terms, distinctions and concepts that are seldom used later in the book.

    Kearney meanders through etymologies and distinctions, drawing neat moral messages from vague, linguistically questionable associations. The root cause of this may be the unnecessary broadening of an already vague theme. Thus, he writes:

    As I hope I clear by now, when we speak of touch we are not just referring to one of the five senses … we are talking about touch in a more inclusive way, as an embodied manner of being in the world, an existential approach to things that is open and vulnerable, as when skin touches and is touched. (pp.15-16)

    This is a little too sweet to swallow. Even if we accept the Heideggerian mysticality of this passage, it’s obvious that Kearney is widening his subject matter out of manageable proportion.

    Indeed, he draws strongly on Heidegger in his concern with words and their hidden meanings. At times, this can be surprising and intriguing, but at other times, the connections seem banal. He argues:

    But tact is not the same as contact. Being tactful with someone does not always imply immediate physical proximity. One can be tactful, for instance, by practicing discretion in particular circumstances, as one negotiates the right space between oneself and others. (p. 10)

    Handshake

    A baby-steps approach would be justifiable on philosophical grounds if Kearney wasn’t taking flights of fancy elsewhere. At one point, he speaks of the handshake as being the ‘origin of community’(p. 42) without adequately explaining how.

    Indeed, in many cultures bowing or other non-contact gestures are the norm. We turn to the endnotes to find an essay that ‘analyses the first wager of hand-to-hand encounter between Diomedes and Glaucus in Homer’s Iliad and Abraham’s greeting of the strangers at Mamre.’ These literary scenes are certainly interesting, and may indeed point to episodes passed down through folk memory, but to suggest that they represent a historically verifiable moment in human history is unsatisfactory.

    The first chapter is structured around the questionably useful coining of new terms to describe sight, taste, smell and sound being used ‘tactfully’. ‘A person with tactful taste is savvy.’(p. 17), Kearney writes, a person with a good nose has ‘flair’(p. 21), and so on. But when we talk about the ‘tactfulness’ of touch we don’t really mean the sense of touch; remember we mean the metaphorical way of being in the world that touch acts as an analogy for.

    It’s odd to focus on the specifics of each sense when we’ve already established that we aren’t taking the theme of touch literally. In any case, is it still believed that there are only five senses? Isn’t it the case that there are many others beyond those traditional five?

    At this point in my reading, the unanswered questions become overwhelming, and I decided to stop thinking too hard about them. Instead, I focused on the texture of Kearney’s style, clearly influenced by Continental Philosophy. There is a lot of jargon, which is at times hard to follow. On the flipside, it is quite playful, making use of a number of touch-based puns and idioms. There is also a tendency towards moralistic aphorisms, and using words poetically. The following sentences give a flavour:

    Without the transversality of touch, sensibility risks sensationalism: sense without sensitivity, perception without empathy, stimulation without responsibility. (p. 16)

    Savvy is a carnal know-how. (p. 18)

    For if ontogeny repeats phylogeny, it also repeats cosmogony. (p. 20)

    Hearing is tactful when it resonates with what resounds. (p. 27)

    In response to this, however, I am moved to quote Wittgenstein: ‘Whereof one cannot speak, thereof one must remain silent.’

    Visual Culture

    It is popularly acknowledged that we live in a ’visual culture’, and Kearney sees this ‘optocentrism’ as the source of our woes. In his own words, ‘Optical omnipresence trumps tactile contact. Cyber connection and human isolation go hand in glove.(p. 5)’

    But Kearney never specifies exactly what a visual culture is, or what it means to live in one. What does the shortening of our attention spans, our growing inability to read longer texts, or the increasing popularity of podcasts and audiobooks actually mean in a ‘visual culture’? Do these elements suggest a deterioration in our visual faculties? Kearney doesn’t linger on these questions. In his eagerness to champion touch, he fails to determine exactly what it is he is fighting against.

    The second chapter of Touch is even murkier than the first. Kearney embarks on a historical tour of different philosophical considerations of touch, but only discusses two philosophers at any length: Aristotle, and Edmund Husserl. This leaves a gap of some two thousand years in between. Was there nothing to say about the Christian philosophers and touch, or about Descartes’s suspicion that his physical sensations could be a mere dream?

    As someone untrained in philosophy, I found the explanations of Aristotle’s thought particularly difficult to follow. I couldn’t tell where Aristotle’s opinions ended and Kearney’s began, especially since Kearney quotes Aristotle using terms like “tact”, which Kearney had given idiosyncratic definitions for in the previous chapter. Are we to take it that Aristotle aligned with Kearney’s usage of the word?

    At one point, Kearney remarks that Aristotle saw touch as the most foundational sense, since all the other senses rely on it. Food must touch the tongue to be tasted, soundwaves must ‘touch’ the eardrum, and ‘light strikes the iris’(p. 43). But was Aristotle aware that photons were material objects? And are photons actually material objects, if they have no mass, and can act like waves?

    When you start considering this subject at a quantum level, everyday notions of touch break down. After all, when I ’touch’ a table, at a molecular level none of the atoms in my finger are touching the atoms in the table, and I am only feeling the electromagnetic resistance of the table’s atoms.

    Likewise, none of the atoms in my body are ’touching’ each other, but are held in a bond through their orbitals. So, in what sense can you say that light ’touches’ the eye, or sound ’touches’ the ear?

    Odysseus and Polyphemus (1896) by Arnold Böcklin.

    No Central Thrust

    Even if you accept all the concepts, definitions and distinctions found in the philosophical survey, your work won’t be rewarded because Kearney barely mentions them again. Instead, the text turns to medicine. In chapter three, he talks about literary/folkloric/mythological figures like Odysseus and Oedipus who embody a ’wounded healer’ archetype. Then, in chapter four he talks about the importance of physical touch in modern medicine, particularly in psychotherapy.

    At this point, to my mind at least, it became clear that there was no central thrust to this book, and my attempt to follow his train of thought would go unrewarded. Instead, I found a collection of loosely connected rambles through Kearney’s reading, with no development between the chapters.

    The final chapter on popular culture (social media, video games, movies) finally gave me what I had been hoping for – a discussion of touch in contemporary culture – but is, sadly, the least satisfactory of the lot. Kearney is clearly unfamiliar with the details or nuances of internet culture, consistently misusing terms. At one point, he refers to the leaking of Hillary Clinton’s emails as ’revenge porn’ (p. 119), a blunder that reveals a deep unfamiliarity with the expression he is using.

    At another, he disparages the state of internet discourse as infuriatingly simple compared to the Golden Age of communication that existed back in an Edenic past: ’communication is becoming daily more simplified by social media tweets, memes, acronyms, and hash tags – ’What’s up’ being replaced by WhatsApp.’

    Putting aside the cringeworthy final sentence, is it really self-evident that internet communication is more ’simplified’ than print or verbal speech? Couldn’t you argue the opposite – that the increasingly ironic, self-referential, meme-ified soup of internet discourse is actually maddeningly Baroque?

    Avoiding odious comparison, you could speak of internet discourse not as better or worse, simpler or more complex than speech, but just as a new modality which is still in the process of growth, of finding its feet and testing its limits.

    There are plenty of scholars analysing internet culture now. It may seem absurd to study memes, but when you consider their effect on politics, it appears intellectually reckless to dismiss them as simplistic, and unworthy of analysis.

    Grand Theft Auto V.

    Video Games

    The ignorance latent in Kearney’s cultural analysis hits a peak in his discussion of video games, such as Grand Theft Auto V (2013), which he calls ’controversial’. When describing it he first gives an inaccurate description of its contents, speaking of how players can ‘build or destroy cities’ (Is he thinking of SimCity (1989), perhaps?) and ’seduce strippers’ (according to my research on the GTA forum, you can only purchase lap dances from the strippers in the game).

    He gives an inaccurate account of what it feels like to play a game he surely hasn’t played. It’s ’vicarious’ he says. With ’a click of a button, one exits the world of tangible reality and enters a computer-generated universe’. If only GTA V gave one the escape from tangible reality Kearney imagines. Alas, however, technology can only progress so fast.

    After painting this Black Mirror-esque picture of the reality-warping power of the computer game, Kearney exhorts the lost souls of gamers that ‘it is but a simulacrum’, and warns against ’the risk of losing touch’. The only one out of touch here is Kearney himself.

    Apart from GTA V, Kearney lists a number of examples from modern media that deal with the sense of isolation and alienation engendered by digital media, referencing such titles as ‘Her’ (Spike Jonze, 2013), ‘The Truman Show’ (Peter Weir, 1998) and ‘Black Mirror’ (Charlie Brooker, 2011 – present). But all these works communicate much more nuanced and rich critiques of contemporary culture than Kearney is able to muster in this text.

    There are insights and interesting titbits scattered throughout the book, but on the whole it is lacking in a sense of progression, with little development from chapter to chapter, and a cumbersome amount of time is spent advancing distinctions and definitions that are never called into use.

    Columbia University Press claims that the No Limits series ‘brings together creative thinkers who delight in the pleasure of intellectual hunting, wherever the hunt may take them and whatever critical boundaries they have to trample as they go.’ With Touch, we see the weaknesses of this interdisciplinary approach, as the book’s lack of precision and relative naivete provides unsatisfactory responses to important questions in contemporary culture.

    Featured Image: A Missouri National Guardsman looks into a VR training head-mounted display at Fort Leonard Wood in 2015

  • COVID-19: Virtual Work a Bridge Too Far?

    For the things we have to learn before we can do them, we learn by doing them.
    Aristotle, The Nicomachean Ethics

    “That’s how you learn. But after you make the same mistake one, or two, or five times, you’ll eventually get it. And then you’ll make new mistakes.”
    Louis Sachar, The Card Turner (2010)

    Managing and Nurturing the New Workplace Culture

    A recent report from the International Labour Organization provides evidence that employees are more productive when they work outside a conventional office.[i] They are, however, more vulnerable to longer working hours, a more intense pace of work, work-home interference, and elevated stress.

    Mark Twain

    Other research indicates that common problem for remote workers[ii] include: ‘unplugging after work’ (38%); as well as loneliness (19%); lack of collaboration (17%); distractions at home (10%); managing and coping with time zones (8%); and last but not the least, Staying motivated (8%).

    Mark Twain once said: ‘If the first thing you do each morning is to eat a live frog, you can go through the day with the satisfaction of knowing that that is probably the worse things that is going to happen to you all day long. Your ‘frog’ is your biggest, most important task, the one you are most likely to procrastinate on if you don’t do something about it.’

    So, I list two recommendations for managing expectations while we survive the #workfromhome phase.

    1. Focus on a few things, and do them well. The ‘Eisenhower matrix’ is often used to avoid unnecessary time-wasting tasks and know which tasks to do next. Ideally plan to do just one big thing, three medium things, and five small things per day,[iii] the 1-3-5 rule.
    2. Managing energy is more important than managing time: Keep track of how much you’ll be able to focus at different points of the day. You improve by pushing your practice, not yourself during periods of low energy.

    ‘Given the lack of face-to-face interaction and heavy reliance on technology, the intent of what someone wants to communicate might be misconstrued.’

    Communication (a lack of it or too much of it) generally improves when a collaborative work management platform is used to centralise all communication and collaboration. Suggestions would include using Trello or Asana to Basecamp or Wrike – they are inclusive in keeping managers in the loop and on top of what is happening.[iv]

    An MIT Sloan study shows that employees were twice as likely to discuss the quality of communication by top leaders in positive terms during the months of the pandemic than they were a year earlier. In fact, they were 88% more likely to write positively about leaders’ honesty and transparency (46%). Employees also expressed more positive sentiment about transparency (42%) and communication (35%) in general.[v]

    One of the most important themes that stand out in the months of the pandemic is the degree and quality of communication by leaders. A recent study shows that employees of Culture 500 companies gave their corporate leaders much higher marks in terms of honest communication and transparency, during the first six months of the pandemic compared to the preceding year.[vi]

    On the other side of the coin, when you work from home, you no longer have a clear geographic division between workspace and personal space. It is for this very same reason, once again, difficult to switch off when both personal and professional worlds operate under the same roof. With constant remote work in action, the boundaries between working and not-working start to fade rapidly.

    Home-based workers do not tend to receive signals about when to switch off. Therefore, leaders need to communicate clearly on the ‘time for work’ and ‘time for play’ model, which would help smooth everybody’s work model and conduct.

    No Place Like Home

    Fundamentally, one’s home is a place of relaxation, safety, and security. It’s a place where you subconsciously slip into a calm, easy-going state of mind, putting the stresses of the workday behind. However, working from home punches a hole right through that neat division. Many telecommuters complain they feel like they’re never off the job. They always feel a compulsion to check email or get “just one last thing done.”

    So how to set the rules of engagement and boundaries?

    Remote work becomes more efficient and satisfying once managers set expectations for the frequency, means, and ideal timing of communication for their teams. For example using videoconferencing for daily check-in meetings, but using IM when something is urgent.

    Also, if leaders can allow employees to specify their hours to be contacted and equally importantly, when not to be. Finally, it is important for leaders to keep an eye on communication among team members to ensure that they are sharing information as needed.

    Additionally, leaders need to do more frequent check-ins to see how they can support their people in moving forward. Since, above all, leaders need to build trust. During this period managers in certain industries have enjoyed a bit more autonomy within companies to take ownership of projects and complete these how they see fit. A responsible degree of empowerment and delegation is what came out of the process when done with purpose.

    Consequently, there’s also been a huge shift in flexibility in this period, with firms having to acknowledge – often for the first time – that their employees have complex lives, which sometimes incorporate children, ageing parents, health concerns, and poor housing, to name but a few of the challenges the pandemic has brought to the fore.

    The Art of Learning (by doing)

    According to Erin Driver-Linn of Harvard University: ‘Experiential learning is participative—for example, either making or doing … What do we need to understand, as a learner, which is conceptual? And what do we need to understand by experiencing things in a different way?’[vii]

    Managing talents and the right selection followed by allocation of relevant resources are attributes that a good institution requires. The core skills any individuals who wants to thrive in an innovative business environment or organisation come down to the following: creativity, problem-solving and continuous improvement skills, developing attitudes and behaviours that are needed to frame and solve problems, and generate new ideas on a continual basis.

    Additionally there is risk-assessment and risk-taking skills; the mindset to manage these has to be solidified over time. Upgrading these skills depends heavily on effective planning and implementation.

    Managing the ‘New Normal’ Workplace Culture

    ‘People find meaning in their daily rituals of getting ready to leave home, commuting, grabbing their cup of coffee, and filling their water bottle before sitting at their desk.’[viii]

    Broadly, organisational culture is defined by the collective norms of behaviour exhibited by the individuals within an organisation. Since the first, almost global, lockdown of early 2020, there was a shared buzz, online and otherwise, that #wfh would be a recipe for disaster when it comes to maintaining stable company culture.

    Among the questions that leaders and managers pondered were:

    Will the company culture take a hit because people can’t meet in person, making it harder to solidify their shared beliefs?

    Will they be less able to use the company culture as a roadmap for making sensible decisions during tumultuous times?

    How can companies continue to build and leverage their culture while all operations are functioning remotely?

    At least we seem to be wasting less time now. A working paper from the National Bureau of Economic Research claims that even though we’re attending more meetings in the Zoom era, the average meeting length is shorter and we’re collectively spending less time in them.[ix] Most firms claim to have increased communication, meaning that employees might be feeling more connected.

    Besides communication and trust exercise, leaders also need to establish and maintain discipline and boundaries. People working alone tend to become less productive over time, even if they work longer hours than they did in the office. This has less to do with productivity than losing their frame of reference and task orientation. As is often the case, it comes down to mindset. While some of this is innate, other aspects are derived from situational and environmental conditions.

    Social media giant Twitter was one of the first companies that decided that their workers could work from home when COVID-19 cases began rising in March 2020.[x] With foresight, Jack Dorsey (CEO of Twitter and Square) also stated that employees will potentially have the option to work remotely indefinitely.

    In addition to being ahead of the game, Twitter also provided employees with day-care reimbursements, continued to pay contract workers[xi] whether they’re able to work or not, and banned all in-person events for the rest of 2020. This is the situation to this day.

    American graphic artist Harvey Ball.

    Put a Human Face on your Organisation

    Especially in the context of an abrupt shift to remote work, it is important for leaders to acknowledge stress, listen to employees’ anxieties and concerns, and empathize with their struggles. If a newly remote employee is clearly struggling, but failing to communicate stress or anxiety, ask them how they’re doing.

    Even a general question such as: “How is this remote work situation working out for you so far?” can elicit important information that you might not otherwise hear.

    Once you ask the question, be sure to listen carefully to the response, and briefly restate it back to the employee to ensure that you understood their answer correctly. Let the employee’s stress or concerns (rather than your own) be the focus of this conversation.

    Cut to Credits!

    Successful organizations need effective leaders. With the aging of the workforce and imminent retirement of the Baby Boomers, U.S. organizations are experiencing a shortage of skilled leaders and a significant need for leadership training. Skilled leadership affects the entire workforce; numerous studies indicate that one of the key reasons for employees leaving their jobs is because they are uncomfortable with the working environment created by a direct supervisor. Successful organizations need effective, parental, and democratic leaders at this juncture.

    Leadership training could reduce turnover at all levels in an organization, the focus remains on learning and managing adaptability, interpersonal people skills, self-awareness, developing and maintaining a sense of purpose, timely and effective decisiveness, as well as collaborative skills. The basic aim of training and development programmes is to help the organization to achieve its mission and goals by improving individual and, ultimately, organizational performance.

    In light of the initiatives of prominent global businesses as well as small businesses at a domestic and local level, the concept of a virtual workplace has been redefined in the past twelve months. This is a useful time to document the process as at a later stage we will need to look back and take lessons from this period.

    Virtual bonding is helping many to come emotionally closer to their colleagues. Some have seen a marked reduction in the communication gap between themselves and their senior. This insight may not seem like rocket science, but a key lesson for companies is to work out ways of avoiding toxicity and recognise the supreme importance of fairness and kindness.

    Research into emotional intelligence and emotional contagion tells us that employees look to their leaders for cues about how to react to sudden changes or crisis situations. If a manager communicates stress and helplessness, this will have what Daniel Goleman calls a ‘trickle-down’ effect on employees.

    Effective leaders[xii] generally take a two-pronged approach, both acknowledging the stress and anxiety that employees may be feeling in difficult circumstances, but also providing affirmation of confidence in their teams. We are all in this together, and we will get through it – perhaps we should see it as a time to get to know ourselves a bit better.

    [i] ‘Working anytime, anywhere: The effects on the world of work’, Eurofound, http://www.ilo.org/wcmsp5/groups/public/—dgreports/—dcomm/—publ/documents/publication/wcms_544138.pdf

    [ii] Business Coach: Vanessa Moore, May 30th, 2019 https://www.linkedin.com/pulse/eat-frog-vanessa-moore-1c/

    [iii] Deen Dayal Yadav, ‘How to cope up with the challenges of remote working?’ Thrive Global, May 6th, 2020, https://thriveglobal.com/stories/how-to-cope-up-with-the-challenges-of-remote-working/

    [iv]  Trello vs Asana vs Basecamp, Grasshopper Resources, https://grasshopper.com/resources/tools/project-management-tools-trello-asana-basecamp/

    [v] ‘STUDY: Organizations Rising to the Challenge of COVID-19 Communications, but Needs Persist; Leaders Must Address Concerns and Demonstrate Transparency, Clarity and Openness’ BusinessWire, April 3rd, 2020. https://www.businesswire.com/news/home/20200403005278/en/STUDY-Organizations-Rising-to-the-Challenge-of-COVID-19-Communications-but-Needs-Persist-Leaders-Must-Address-Concerns-and-Demonstrate-Transparency-Clarity-and-Openness

    [vi] Donald Sull and Charles Sull, ‘How Companies Are Winning on Culture During COVID-19’ October 28th, 2020, https://sloanreview.mit.edu/article/how-companies-are-winning-on-culture-during-covid-19/

    [vii] ‘Innovation & discovery skills for ‘innovention’ managers’ The Sentinel, February 14th, 2021, https://www.sentinelassam.com/editorial/innovation-discovery-skills-for-innovention-managers-524593

    [viii] James Thomas, ‘How the pandemic can change workplace culture for the better’ Strategy&, https://www.strategyand.pwc.com/m1/en/articles/2020/how-the-pandemic-can-change-workplace-culture-for-the-better.html

    [ix] Daniel Kost, ‘You’re Right! You Are Working Longer and Attending More Meetings,’ Harvard Business School, September 14th, 2020, https://hbswk.hbs.edu/item/you-re-right-you-are-working-longer-and-attending-more-meetings

    [x] Untitled, ‘Coronavirus: Twitter tells staff to work from home,’ BBC, March 3rd, 2020, https://www.bbc.com/news/business-51700937

    [xi] Jack Kelly, ‘Twitter CEO Jack Dorsey Tells Employees They Can Work From Home ‘Forever’—Before You Celebrate, There’s A Catch’, May 13th, 2020, https://www.forbes.com/sites/jackkelly/2020/05/13/twitter-ceo-jack-dorsey-tells-employees-they-can-work-from-home-forever-before-you-celebrate-theres-a-catch/?sh=32caf77a2e91

    [xii] ‘Daniel Goleman, ‘An EI-Based Theory of Performance’ Consortium for Research on Emotional Intelligence in Organisations, 2000, http://www.eiconsortium.org/reprints/ei_theory_performance.html

  • ‘Wild Law’ is the Path of Natural Justice

    Man-made climate change is as good as a fact, but the consequences are uncertain in any specific location. Indeed, the island of Ireland could actually be more hospitable to human habitation under certain scenarios: drier and hotter summers are predicted, albeit with an increased likelihood of storm events; higher atmospheric CO2-levels could also increase crop yields.[i] Our rising emissions could have greater impacts elsewhere.

    Mitigation strategies may also have adverse side effects. Witness the expansion of sitka spruce plantations across Ireland, which acidify soils and strangle biodiversity,[ii] in pursuit of an improved carbon balance sheet permitting increases in dairy production. There are also question marks around the impacts of wind farms, especially those sited on blanket peat[iii], requiring hundreds of tonnes of concrete in construction, and disrupting the flightpaths of birds. If this energy is devoted to a new generation of electrified autonomous vehicles, rather than communal transport, it will be in vain.

    Climate change opportunism includes the distortion of supermarket shelves being stacked with organic products wrapped in plastic and flown halfway around the world. It is most obvious in the greenwashing of the agricultural sector,[iv] which consistently argues that Irish livestock’s lower emissions profile justifies expansion – as beef and dairy would only be produced elsewhere with higher emissions. Thankfully, the ‘our coal smokes less than their coal’ argument is more easily dismissed as data from the United Nations Food and Agriculture Organisation (FAO), analysed by An Taisce, shows that Ireland is, in actual fact, the most carbon-intensive beef producer in Europe, and ranks third on emissions from its dairy sector.[v] Most importantly, however, narrowing the environmental agenda to climate change alone obscures the equally pressing consideration of the Sixth Extinction, the unarguable reality of which is apparent in Ireland.

    With this in mind, Is it possible that interested parties could assert rights, already implied by the Irish Constitution, to protect Irish nature itself? Could spiralling emissions then be reduced alongside meaningful biodiversity-gains? Such an argument would build on a foundation of Natural Law, a school of thought embedded in the language and historic interpretation of the Irish Constitution. It can be traced to Classical antiquity, as Sophocles’s Antigone puts it: ‘the unwritten and unfailing statutes of heaven’, beyond the temporary, and occasionally illegitimate, laws of any state.

    During the Middle Ages, especially through Thomas Aquinas, ‘pagan’ Classical arguments were adopted by the Roman Catholic Church. In more recent times these became associated with a toxic and myopic focus on human sexuality, especially women’s bodies. Natural Law still transmits, however, compelling arguments for a universal justice beyond, and above, positive law, informed by dialectic, rather than Christian Revelation as is widely assumed.

    The jurist and former President of the High Court, Declan Costello wrote: ‘It has more than once been judicially observed that it can clearly be inferred that the [Irish] Constitution rejects legal positivism as a basis for the protection of fundamental rights and suggests instead a theory of natural law from which those rights can be derived.’[vi] Thus, from the 1960s, Natural Law interpretations ascribed a host of ‘Unenumerated Rights’[vii] to all citizens, including rights to bodily integrity, work, marry, privacy in marital relations, and free movement within the State. These rights are not explicitly identified in the Irish Constitution but are considered intrinsic to the human condition, flowing in particular from a generalised protection of personal rights under Article 40.3. With the Sixth Extinction now upon us, there is an urgent need for Natural Law to be extended to imply an Unenumerated Rights of other species to exist, along with ourselves.

    For this to occur, however, the Court must overcome a contemporary moral relativism, and aversion to decisive ethical responses. No doubt truth is a shifting target, and any single account is insufficient, but faith in our capacity to settle ethical arguments at a given point in time needs to be restored. As Aristotle – whose influence on Aquinas’s Natural Law theory was immense – pointed out:

    The theorizing of truth is in one sense difficult, in another easy. This is shown by the fact that whereas no one person can obtain an adequate grasp of it, we cannot all fail in the attempt; each thinker makes some statement about the natural world and as an individual contributes little or nothing to the inquiry; but a combination of all conjectures results in something considerable.[viii]

    Post-modernists will argue otherwise, but an outlook of ambient confusion is an admission of failure. Holes can be picked in any argument, but the argument as a whole – “a combination of all conjectures” – may stand. One cannot propose anything meaningful without the conviction of arriving at “something considerable” –  an elusive truth. A capacity to determine justice requires we overcome a ponderous Post-Truth incoherence.

    A contemporary philosopher Alasdair MacIntyre sees in the dialectic process, ‘the movement from thesis to thesis as a movement towards a kind of logos which will disclose how things are, not relative to some point of view, but as such’. Contemporary environmental challenges require new logical departures, disclosing “how things are”, “as such.”  Natural Law theory should encompass an Earth Jurisprudence. Then our laws may confront the reality of an oversized human population radically out of balance with its environment, with Ireland presenting a difficult case.

    Currently, however, environmental laws are generally seen as a body of rules foisted on the populace, often in exchange for a subsidy, rather than practices adopted for the commonweal. Accordingly, Coyle and Morrow claim such regulations are seen ‘as a technical instrument of social goals and policies, rather than a body of principles aiming at the articulation of a concept of justice and the good life.’[ix] This can partly be attributed to the prior failure of Natural Law theorists to identify inherent rights in other species.

    In contrast, the sanctity of human property rights have been vigorously upheld. Early modern theorists, drawing more on Christian revelation than reason, assumed rights of virtually unrestrained possession, along with dominion over all wild creatures therein. The seventeenth century Dutch jurist Hugo Grotius described this as ‘a grant which was renewed on the restoration of the world after the deluge’. To deprive any owner of this would, he said, be ‘an act of injustice.’[x] Importantly, however, up to that point there had been little necessity to assert the rights of wild animals, even in Europe, as humans were living in relative harmony with nature, or at least allowing other species to survive. According to Tim Flannery: ‘after the last muskox died in what is now Sweden about 9,000 years ago, the European mainland did not lose another species until the seventeenth century.’[xi]

    Since then the picture has changed dramatically across the world with sixty percent of wild animals wiped out since 1970 alone.[xii] Coyle and Morrow affirm: ‘The very agricultural practices which were held out as a moral necessity by the natural rights theorists can, it seems, create untold environmental damage.’ Given the scale of ecological damage that has ensued – associated with European colonisation of the globe – they argue that ‘the ethical assumptions of the seventeenth century conception of property cannot survive in such circumstances.’[xiii] The accumulating impacts on our planet of over seven billion human beings, living longer than ever, enjoins alternative approaches to land ownership. As Coyle and Morrow put it: ‘If human agriculture was ever in harmony with nature it certainly is not any longer and the sanctity of individual ownership must be restrained. Duties must join rights.’[xiv]

    Natural Law is an ongoing, truth-seeking dialectical process with the aim of disclosing, “how things are, not relative to some point of view, but as such.” If Natural Law is to have continued relevance it must adapt to current conditions. A re-imagining of Natural Law is evident in the field of Earth Jurisprudence, or Wild Law, a term coined by Cormac Cullinan to refer to human laws that are consistent with Earth Jurisprudence.[xv] According to one of its inspirators, Thomas Berry: ‘The Universe is not a collection of objects but a communion of subjects and every member of the Earth Community has three inherent rights: the right to be, to habitat, and to fulfil its role in the ever-renewing processes of the Earth community.’[xvi] These rights ought, logically and morally, to be incorporated into Irish law.

    But how can these aspirations be given tangible legal form? In a seminal 1972 article ‘Should Trees Have Standing?’[xvii] Christopher D. Stone explores how Wild Law might apply. He argues that natural objects could have legal standing by analogy with companies, states, infants, incompetents, municipalities or even universities. Thus, a court appoints a trustee when a corporation displays incompetence. He writes:

    On a parity of reasoning, we should have a system in which, when a friend of a natural object perceives it to be endangered, he can apply to a court for the creation of a guardianship … The guardian would urge before the court injuries not presently cognizable – the death of eagles and inedible crabs, the suffering of sea lions, the loss from the face of the earth of species of commercially valueless birds, the disappearance of wilderness areas.

    He also draws an analogy with the law of patents and copyright:

    I am proposing that we do the same with eagles and wilderness areas as we do with copyrighted works, patented inventions and privacy: make the violation of rights in them to be a cost by declaring the piracy of them to be the invasion of a property interest.

    Furthermore, he suggests this could lead to modifications in our representative democracies:

    I am suggesting that there is nothing unthinkable about, and there might on balance even be a prevailing case to be made for an electoral appointment that made some systematic effort to allow for the representative “rights” of non-human life.

    Stone envisages changes in our legal culture informing wider social norms, as, ‘a society that spoke of the “legal rights of the environment” would be inclined to legislate more environment-protecting rules by formal enactment.’

    Intriguingly, he also speculates, ‘What is needed is a myth that can fit our growing body of knowledge of geophysics, biology and the cosmos’, proposing ‘that we may come to regard the Earth, as some have suggested, as one organism of which mankind is a functional part’. Similarly, Coyle and Morrow argue: ‘The problem is that meaningful change responding to environmental and social imperatives will require a true paradigm shift in how we regard our relationship with the world of which we form a part.’

    A transformation in our legal relationship with the natural world requires the participation of other fields. It was Percy Bysshe Shelley who famously described the poets as the ‘unacknowledged legislators of the world.’ The philosopher Timothy Morton makes the provocative claim that putting ‘something called Nature on a pedestal and admiring it from afar does for the environment what patriarchy did for the figure of women.’[xviii] Perhaps W.B. Yeats’s identification of Irish nature with a ‘glimmering girl’, ‘with apple blossoms in her hair’ distracts from an ongoing exploitative relationship, linked to our colonial inheritance. Indeed, rather than celebrating a patriarch ‘Digging’ for turf, as in Seamus Heaney’s poem by that name did, new accounts might draw inspiration from an often-overlooked visionary poet of the early twentieth-century Irish Revival, Eva Gore-Booth. She gave up the wealth and privilege of her aristocratic background to devote herself to the poor. Gore-Booth also recognises the right of all creatures to exist on the land, notwithstanding human ownership in her 1906 poem ‘The Landlord’

    O the bracken waves and the foxgloves flame,
    And none of them ever has heard your name –
    Near and dear is the curlew’s cry,
    You are merely a stranger passing by.    [xix]

    Hearteningly, all around the world, from Ecuador to New Zealand, conceptions of Earth Jurisprudence, Wild Law or Pachamama are actually taking route. For example, Germany’s constitution makes protection of ‘the foundations of nature and animals’ a national imperative, applicable to government agencies, the legislature and the judiciary. The provision has been cited in over seven hundred cases. Moreover, echoing Christopher D. Stone, Oliver A. Houck points out this ‘does not include the more numerous acts of compliance that drew no litigation at all.’[xx]

    Meanwhile in Ireland species loss continues apace. Liam Lysaght recently records: ‘of the 3,000 species that have undergone a red list conservation assessment, one in every four species is threatened with extinction here.’[xxi] Of particular concern is the continued exploitation of peat bogs for fossil fuel extraction – where considerations of nature conservation align precisely with keeping fossil fuels, and embedded methane, in the ground – as well as the impacts of grazing ruminants.

    Unfortunately, existing environmental legislation, including the EU’s Habitats Directive, is failing to protect endangered species adequately, including the iconic curlew, which is now on the red list. This can partly be attributed to a lack of enforcement, but also, as we observed, such laws are currently considered an encumbrance on property owners, and not a scheme of protection for a common inheritance. So how do we spare what remains of Irish nature from the ravages of human exploitation?

    A constitutional amendment enshrining nature rights, similar to that operating in Germany, should be the long-term goal. But this will take time to bring to fruition, especially as mainstream media only falteringly highlights extinction threats, and none of the main political parties prioritise protection of biodiversity.

    I propose the alternative of a test case, applying Thomas Berry’s tripartite rights to a particular native species; proposing, for example, the curlew has a right to be, to habitat and to reproduce, alongside humans, based on a Natural Law interpretation of the Irish Constitution – as a previously Unenumerated Right. It seems crucial that such rights are ‘discovered’ sooner rather than later before further, irreversible, losses occur.

    The Court could certainly injunct particular activities to protect species under threat, or prohibit certain classes of herbicides or insecticides outright, or even declare particular lands under private ownership as protected habitats. This will require expert witness from recognised authorities to distinguish competing rights of native, invasive and naturalized species. Property owners should be compensated for any loss, but under the Irish Constitution all rights, including that to property, are subject to the common good, which is served by preventing extinctions.

    The allocation of reserves and prohibition on the use of certain chemicals would be a proportionate appropriation by the Judiciary of the powers of the Legislature and Executive branches, in circumstances where there has been a serious dereliction of duty. The Sixth Extinction is an emergency happening before our eyes with recognisable victims, unlike the unpredictable devastation that climate change is wreaking.

    Cattle and sheep farmers can find new roles as landscape guardians. Re-wilding may begin with marginal lands, where farming is already uneconomic, while better land currently under pasture can be converted to tillage in order to accelerate what a recent article in The Lancet has referred to as the ‘Great Food Transformation.’[xxii]

    Eventually, beyond legal prescriptions, habitat reclamation can endear the population to the landscape, and reform destructive behaviours. In developing our appreciation of the soft sounds and sweet aromas in nature we may consider reducing dependence on noisy, polluting motor cars. Greater biodiversity also offers scope for judicious harvesting of foodstuffs, building materials and fuel. The tragedy of the loss of other species is almost impossible to convey.

    Many of us wish to see our laws go further: putting an end to the perverse subsidy regime that only benefits the Beef Barons; or dignifying all animals with a decent life, in the wild. For the moment, however, our best legal argument is to assert the rights of all resident Irish species, living in ecological balance, simply to exist. Reduced emissions will be a happy by-product of biodiversity-gain, raising environmental awareness to a point where destructive behaviours are recognised, and changed. In beginning to liberate the natural world from human dominion let us recall the small victories won in the battle against human slavery along the road to the great milestones. Wild Law can emerge incrementally in Ireland through our existing constitutional framework.

    [i] Stephen Flood, ‘Projected Economic Impacts of Climate Change on Irish Agriculture’, October, 2013, Stop Climate Chaos, https://www.stopclimatechaos.ie/download/pdf/projected_economic_impacts_of_climate_change_on_irish_agriculture_oct_2013.pdf, accessed 19/2/19.

    [ii] Mary Colwell, ‘A forestry boom is turning Ireland into an ecological dead zone’, October 10th, 2018, https://www.theguardian.com/commentisfree/2018/oct/10/trees-ireland-biodiversity-sitka-birds-extinction, accessed 19/2/19.

    [iii] Richard Lindsay and Olivia Bragg ‘WIND FARMS AND BLANKET PEAT. The Bog Slide of 16th October 2003 at Derrybrien, Co. Galway, Ireland’, November, 2005, School of Health & Biosciences University of East London. https://web.archive.org/web/20131218090914/http://www.uel.ac.uk/erg/documents/Derrybrien.pdf, accessed 28/2/19.

    [iv] Kevin O’Sullivan, ‘Environmental group calls Origin Green a ‘sham’’, October 4th, 2017, Irish Times, https://www.irishtimes.com/news/environment/environmental-group-calls-origin-green-a-sham-1.3244507, accessed 28/2/19.

    [v] Press Release ‘Bombshell for Irish Peace’, 12th of February, 2019, An Taisce, http://www.antaisce.org/articles/bombshell-for-irish-beef?fbclid=IwAR0uPTUu1TEoZToCGugOCIoS-nmsigAQNU0g_U3XrIZHNU3PKbF2_zO0YIU, accessed 19/2/19.

    [vi] Declan Costello, ‘Natural Law, the Constitution, and the Courts’, from Lynch and Meenan (eds.) Essays in Memory of Alexis FitzGerald, Dublin, The Incorporated Law Society of Ireland, 1987, p.109

    [vii] The original ‘Unenumerated Right’ to ‘Bodily Integrity’ was approved by the Supreme Court in Ryan v. A.G. [1965] IESC 1; [1965] IR 294 (3rd July, 1965)

    [viii] Aristotle, Metaphysics, Book 2, Part 1.

    [ix] Coyle and Morrow, The Philosophical Foundations of Environmental Law. Property, Rights and Nature, Oxford, Hart Publishing, 2004, p.211

    [x] Coyle and Morrow, p.15

    [xi] Flannery, 2018, p.251

    [xii] Damian Carrington, ‘Humanity has wiped out 60% of animal populations since 1970, report finds’, 30th of October, 2018, https://www.theguardian.com/environment/2018/oct/30/humanity-wiped-out-animals-since-1970-major-report-finds, accessed 20/2/19.

    [xiii] Coyle and Morrow, p.206

    [xiv] Ibid, p.209

    [xv] ‘Discovering the meaning of Earth jurisprudence’, Legalbrief, August 27, 2002

    [xvi] Quoted in Mike Bell, ‘Thomas Berry and an Earth Jurisprudence’, http://rainforestinfo.org.au/deep-eco/earth%20jurisprudence/Earth%20Justice.htm, accessed 20/2/19.

    [xvii] Christopher D. Stone, ‘Should Trees Have Standing–Toward Legal Rights for Natural Objects’, Southern California Law Review. 45 (1972): 450–87.

    [xviii] Timothy Morton, Ecology Without Nature: Rethinking Environmental Aesthetics, Cambridge, Harvard University Press, 2007, p.5.

    [xix] [xix] Eva Gore-Booth ‘The Land to a Landlord’, from Sonja Tierney (ed), Eva Gore-Booth: Collected Poems, Dublin, Arlen House, 2018, p.166

    [xx] Houck, Noah’s Second Voyage: The Rights of Nature as Law, 31 Tul. Envtl. L.J. 1, 2017

    [xxi] Liam Lysaght, ‘The six steps needed to save Irish Biodiversity’, February 19th, 2019, Irish Times

    [xxii] Prof Walter Willett, MD et al, Food in the Anthropocene: the EAT–Lancet Commission on healthy diets from sustainable food systems, January, 2019. The Lancet. https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(18)31788-4/fulltext?utm_campaign=tleat19&utm_source=HPfeature’, accessed 26/1/19.