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Personal Choice

When asked why they have not been vaccinated against COVID, many people, in all walks of life, from the famous to the person in the street, have been answering “It’s a personal choice.”

The notion that this explains anything is peculiar, to put it nicely.

No Kidding

Everything we do, or don’t do, results from a personal choice.

The choices we make in big decisions and small define who we are and determine the impact we have on all around us. The accumulation of countless personal choices forms the society we become.

Judgment

One implicit argument in the “personal choice” explanation is that a course of action being my choice somehow precludes others from assessing or evaluating my conduct.

Well, no. Given human nature, actually, we can’t help it. We observe, we consider, we judge. If I am such a tough guy that I refuse to wear a seat belt in a car, you are free to consider me foolish.

Not only do we judge our own behavior and each other’s, we should. It’s the only way to learn and to improve. To the extent human beings are at the top of the order of things on the planet, it is largely due to our abilities to observe, to discern what matters, to analyze, to solve problems, and to communicate.

The benefit  of judging depends on doing so properly, however. The judging of others that deserves condemnation is the kind that is flawed in numerous ways: invalid assumptions, baseless “facts”, flawed reasoning, missing context. Among the worst assumptions, of course, is not judging at all, but pre-judging: prejudice based on any of the various, odious “isms”. Our insatiable need for Us vs. Them (post of 2/19/19) so often leads us astray.

There’s another big mistake that gives judging a bad name. Attempting to judge a person’s worth, which is incalculable, is simply beyond us. Contrast that with sound judgment of a person’s behavior (including our own), which is advantageous, and sometimes necessary.

Consequences

Similarly, those invoking “personal choice” as a defense of their behavior are seeking refuge from the consequences of choices they’ve made.

Anyone choosing to sky dive without a parachute has made a disastrous personal decision; once outside the plane, the laws of physics determine the consequences.

Stop signs and red lights are impingements on our freedom. Running them is a personal choice. The consequences of doing so are too often tragic. Trying to prevent those tragedies by enforcing stop signs and red lights is a public policy choice.

Whether to order chocolate, vanilla or mocha chip ice cream is a personal choice with consequences that are benign and limited to the person doing the choosing.

Those refusing to be vaccinated (a) put themselves at much greater risk of catching COVID; (b) make severe illness, hospitalization and even death much more likely if they do catch it; (c) put everyone they contact, from strangers to loved ones, at greater risk; and (d) do their part to keep the virus going, and make the desired herd immunity ever more elusive.

As bad choices go, better someone run a red light than refuse the vaccine. Sky diving without a parachute is worse than skipping the vaccine – at least for them, maybe not so much for the rest of us.

As hospital beds and critical care units fill yet again, this time with obviously preventable cases, exhausted health care workers are beside themselves with the most justifiable fury imaginable. Here we go again, and for what? How many patients must they see suffer and die, victims of a supposed hoax? When we finally get out of this, our next health crisis will be PTSD for our health care workers.

Talk about “unfair”.

“Freedom” Only to the Misguided

If vaccine hostility seems reminiscent of people refusing to socially distance themselves or wear face coverings as resisting infringement of personal freedoms, that’s because it is.

So, let me get this straight: The signers of the Declaration of Independence mostly died young so you could have the freedom to deliberately spread a pandemic? You have a Constitutional right to keep a deadly virus going while it develops variants – perhaps one day, a strain for which we have no answer and no defense whatever? Note that former CDC Director Robert Redfield is predicting a worse variant by the fall.

So, yeah, we can do it; we can exercise our freedoms to make things even worse. Too many are. But why?

The Delta is more than bad enough, by the way. Critically ill unvaccinated adults are joined in this new wave of patients by children, lots of them, who have no vaccine to take yet and are getting very sick. Not only is Delta the most contagious virus in memory; it picks on our kids. It’s also producing more severe illness than prior variants.

Leave it to freedom-loving legislators and governors like those in Florida, to pass and sign statutes telling cruise companies that they may not conduct their business in a way that protects their customers. No word on whether sky-dive operators are allowed to require parachutes in Florida. US District Court Judge Kathleen Williams recently issued a preliminary ruling allowing Norwegian Cruise Line Holdings to enforce vaccination requirements when they resume port operations in Miami on August 15.

A Special Case of Hesitance

There is a particular source of vaccine hesitance worth mentioning. Black Americans harkening back to awful healthcare betrayals in the past – the most infamous being the Tuskegee Study of Untreated Syphilis – may well have lingering mistrust of any initiative in the realm of health.

At this point – with hundreds of millions successfully protected and virtually everyone in ICU unvaccinated – one can only hope sufficient evidence is in. It’s neither the federal government nor the doctors or health officials doing all the current lying. They’re busy trying to save lives. This post mourns people quoting the current lies with their dying breaths. There’s no need to be among them.

A Moment of Clarity

We can and should have robust discussions, including disagreements, about which personal choices are good ones and bad, and what public policy to adopt in response to various behaviors.

Amid current debate on what should be mandated for our own good, however, certain facts are clear:

This is the deadliest pandemic in a century. It spreads by people breathing on each other.

The outrage here is that we seemingly do need government officials to tell us to keep a safe distance, wear a face covering, and take the vaccine. Why? How is that possible? It should be insulting to our intelligence that they even have to mention such measures. Doing them should be a given for nearly everyone. Yet leaders who “get it” must beg, plead, and bribe, often to no avail? What the hell is wrong with us?

A good friend (who happens to be a staunch conservative) told me a disheartening story about a friend of his. This fellow flatly refused to wear a mask when he learned its main purpose was to protect others, rather than himself. “I don’t care about others,” he said matter-of-factly.

It was a stunning revelation from someone my friend thought he knew fairly well. This man had manifested symptoms of the one ailment ravaging us that is more dangerous than the coronavirus. His self-diagnosis was spot-on.

Ken Bossong

© 2021 Kenneth J. Bossong

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Now What?! A Suggested Approach to Pre-Inaugural Angst

The pandemic rages on with more victims than ever. The President of the United States cares only about convincing as many of his followers as possible that the recent election was stolen, while knowing it was not. OMG, what crazy, stupid, lawless thing will the President do next? If we find ourselves anxiously fretting over this, the Donald has us right where he wants us.

OK, so how is one to react to the latest assault on our country’s democracy? Matter-of-factly. The time has come to stop rewarding Donald Trump and his followers with howls of outrage, however deserved. With the possible exception of the inherent pleasure they derive from wrongdoing, nothing pleases Trump or a true Trumpster more than the apoplexy they elicit with bad behavior.

So, it’s not “You make me so mad I can’t sleep!” Rather, it’s time to shrug and say, “We expected nothing but the worst possible behavior from you, Mr. President. Someone willing to obstruct justice as you have is certainly going to obstruct a transition. Hire your movers and the best criminal defense team you can find. Pitch a reality TV show. Please excuse us, though; we have a lot to do, repairing the damage you’ve done to this country.”

We Saw This Coming, Right?

We were expecting, maybe, bowing to the will of the people? A gracious acceptance of obvious reality? Cooperative transfer of power in the nation’s best interests? An end, or even slowdown, to the barrage of lies? Doing the right thing?

We thought that after the election Donald Trump would urge all Americans to take reasonable measures to protect themselves and each other? Tamp down the politicization of the pandemic? Do something that actually would help the economy?

This Republican “leadership” (excuse the expression) was going to rein in Donald Trump? They were going to say harming the country with lies demeaning its democracy was going too far? They’re going to get interested in saving lives after a quarter-million lost?

C’mon. Seriously?  

This is not to suggest that dishonesty does not matter; quite the contrary. Honest, experienced election officials – Republican, Democratic, and Independent – are receiving death threats for doing their jobs and telling the truth. Exhausted health workers report patients using their dying breaths to deny the virus killing them.

The most famous current report comes from South Dakota, where nearly a half million bikers sneered at science with a super-spreader event in Sturgis. There is no doubt why the Upper Midwest became one of the nation’s hotspots this fall. Unmasked and undistanced partiers went home to every state, and, combined with smaller but similarly foolish gatherings everywhere, have made the whole country a hot spot again. Dishonesty matters, alright, especially when believed.

A Few Undeniable Facts – Election

By all accounts, regardless of political persuasion, 2020 was the cleanest election anyone can remember. That stands to reason, since everyone knew it would be the most scrutinized election ever. Elections generally are clean; our system works. But the chance of getting away with election fraud in this one was closer to zero than ever.

Joe Biden won. His 306 electoral college votes were the same number garnered by Trump in 2016. For four years we’ve been hearing from the Donald that this was a “landslide”, despite losing the popular vote by around 2.9 million votes. In contrast, Biden’s 306 electoral votes in 2020 saw a corresponding popular vote victory of over 5.5 million. It’s a clear, solid win.

Any assertion to the contrary is not only incorrect, but a knowing lie. Everyone with access to the facts knows this election was clean. To suggest it was stolen is a slander against our country, and all those who work hard and well on its elections.

Overturning any election in court requires compelling proof. In cases filed against this election, forget about proving anything – what’s being alleged is incoherent. If any specific fact is asserted, it turns out not only false but often the opposite of the truth. The suits filed aren’t just losers; they are frivolous.

Yes, He Knows

By the way, of course Trump knows he lost. He knew he was cooked when Biden won the South Carolina primary and then did so well on Super Tuesday. Why else would he be furious with Elizabeth Warren for not pulling out of the race and backing Sanders? Trump knew he’d have a chance against Bernie. Why else did he pursue that idiocy in the Ukraine before Biden was even the nominee?

If he knows he lost, why this behavior now? The easy answer is he’s just being the Donald. It’s no mere sore-loser petulance, however. The sad truth seems to include: (1) This keeps him the lead story, even as a lame duck, as long as possible. (2) Whatever can be done to hurt Biden, he’ll do. (3) He enjoys harming people in general, and our country and its core values in particular. (4) There are a few more items on the to-do list Vladimir gave him. (5) He is helping himself to one last fleecing of his adoring followers. As has been reported elsewhere, the small print in the current fundraising indicates that little or no money raised actually funds the baseless lawsuits.

A Few Undeniable Facts – Pandemic

COVID-19 is not just another flu. It is more contagious, more stealthy, and much more deadly. Its presence in a person days before symptoms manifest means that people unknowingly spread the virus everywhere, unless they take measures.

Transmission of COVID-19 is by personal contact, specifically most often by respiratory droplets. How long they linger, and under what circumstances, are still not fully understood. It’s easy to understand, though, that people breathing on each other spreads the coronavirus. Keeping a distance of about six feet, and knocking down droplets with masks, obviously help. So do circulating clean air, cleaning surfaces, and avoiding crowds.

At any time in our history other than the Trump Era, denying any of the above would have been regarded universally as sheer lunacy. Yet, one mask seen at a farm stand said “This Is What Tyranny Looks Like!” No. This is what common sense looks like.

The message from the White House has been “Ignore those fins of the great white shark. Everyone in the ocean!” (Indeed, not to beat the point to death, but the presidential response to COVID since March has been a real-world, large-scale rendition of the film Jaws, complete with mayor telling citizens to ignore the experts for fear of slowing an economy.)

The Need for Consequences

The expression is “No good deed goes unpunished.” The only thing worse than good deeds being punished, though, is bad deeds going unpunished. The wrongdoing recently, like that of the last four years, has been so voluminous and so serious as to require consequences. Otherwise, there will be no credible deterrent to future crimes and unethical behavior in high places. Don’t go after little stuff, but don’t ignore really bad stuff, either.

This is not for Joe Biden’s attention, by the way. He has even more important things to do. At every level, state and federal, we have good people who have made it their lives’ work to respond to bad behavior. Unfettered, these experts can be trusted to just do their jobs in various realms.

The Civil Case Realm

It is entirely appropriate in most jurisdictions to request both attorneys’ fees and sanctions in response to frivolous litigation. Without a shred of evidence, the suits being filed by or on behalf of Donald Trump are the epitome of frivolous. Every pleading in response to this nonsense should contain requests for sanctions and attorneys’ fees. It’s bad enough that gullible Trump supporters send their money in for this “cause”, only to have all or most of it diverted. Why should taxpayers have to fund the defense?

It is worth remembering that certain doctrines of law, like fraud and the RICO (Racketeer Influenced and Corrupt Organizations) Act, operate in both the civil and criminal arenas.

One other thought: How about a writ of mandamus against public servants who refuse to do their job in critical areas? This tends to come up when dedicated professionals are fired in favor of political hacks and donors. There are very good reasons for the Hatch Act and for political appointees to be greatly outnumbered in the public workforce.

The Ethical Realm

It is unethical for any lawyer to file pleadings lacking any merit. (RPC 3.1: A lawyer shall not bring or defend a proceeding, nor assert or controvert an issue therein unless the lawyer knows or reasonably believes that there is a basis in law and fact for doing so that is not frivolous.)

It is separately and especially unethical to do so knowingly. (RPC 3.3: A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting an illegal, criminal or fraudulent act by the client… (4) offer evidence that the lawyer knows to be false… or (5) fail to disclose to the tribunal a material fact knowing that the omission is reasonably certain to mislead the tribunal…)

Attorney Ethics prosecutors, often called Bar Counsel, should prepare themselves for a wave of cases. The Rules of Professional Conduct are not limited to those in private practice, by the way; they apply to all licensed lawyers.

Lawyers aren’t the only ones with ethics standards. Other professions, like medicine, have them. All three branches of the federal government have offices to ensure ethical conduct. While Trump and congressional Republicans each consider whether there is any act whatever Trump could do that would draw condemnation, here’s a link to the Office of Congressional Ethics: https://oce.house.gov/learn/citizen-s-guide

The Criminal Realm

The enormity in volume, scope, and severity of the crimes committed by and on behalf of Donald Trump boggles the mind. And that’s just what we already know. History will teach that our President Law ‘n’ Order broke more laws than any other ever, perhaps more than all others combined.

Crimes (like perjury, fraud, treason) each have elements that must be proven. They either happened or they didn’t. They either can or cannot be proven beyond a reasonable doubt.

The topic of pardons would justify its own post. Suffice it to say (as I have been for a couple years) that on his way out, Trump will

  • Pardon a long list of bad actors who committed crimes at his behest or for his benefit and
  • Either resign and have Pence pardon him, or pardon himself – or both

Donald Trump may find one last constitutional crisis irresistible, so brace yourself for that self-pardon thing. I’m not aware of anything definitive on whether a president can do it, but there’s this from a memorandum opinion written in the time of Nixon out of Justice’s Office of Legal Counsel:

“Pursuant to Article II, Section 2 of the Constitution, the ‘Power to grant…Pardons for Offenses against the United States…’ is vested in the President. This raises the question whether the President can pardon himself. Under the fundamental rule that no one may be a judge in his own case, it would seem that the question should be answered in the negative.”

As to Vice President Pence: he is not in Jerry Ford’s position; Trump is not in Richard Nixon’s position; and someday maybe we’ll count the number of Trumpian scandals that dwarf Watergate. Depending on how far Trump is willing to go with his treachery before January 20, the 25th Amendment, Section 4, might be the more to the point than Article II.

Finally, I’ve seen a suggestion that Biden should pardon Trump. I don’t think he should, and I don’t think he will.

A Quick Story

As an undergrad a long time ago at Rutgers, I bought an advance general admission ticket to a concert. I was excited because it was my first chance to see Archie Shepp, then as now one of my favorite tenor saxophonists. Excited enough was I to not pay attention as I approached the outside doors. Someone stuck out his hand and I handed him my ticket. While peering inside the lobby, I didn’t notice at first that the stub wasn’t given back to me. I looked back and the guy was gone, with my ticket.

At first, I was puzzled. Looking back inside the lobby, I realized they were actually taking tickets at the doors from the lobby into the venue. The ticket was gone, I couldn’t prove anything or identify the guy, and I couldn’t afford another ticket. I was almost as angry at myself as the thief. How could I have been so stupid? I hated the feeling of being “had”. (Indeed, until now, I haven’t told this story to very many people.)

It’s happened to most of us, one way or another, and we all hate the feeling of having been had. For at least two reasons, we don’t want to believe that’s what has happened. First, someone did something wrong to us. Second, we feel really foolish.

Millions have been had by Donald Trump. Some will never realize it; some will realize it, but never admit it. Some have realized it, or are beginning to realize it, already; for others it will take a while. It’s never easy, and it hurts. He’s quite the con man.

All cons are not the same, but it does feel better to learn from it and let it go. I’ve enjoyed many great events at Rutgers over the years. I’ve also seen Archie Shepp play three times now, worn out some of his albums, and loved every second of it.

So…

True and False.
Good and Bad.
Right and Wrong.

My parents taught me all about these concepts – which was which, and why the distinctions between them always matter. I’m eternally grateful. It’s time to fix the mess we’re in, preferably together. We’ve never needed these, our first principles and the building blocks of society, more.

To be effective, it’s better to skip the snark and the vitriol, but we must insist on fairness, and answer every lie with the truth. Investigate all wrongdoing, wherever the truth takes us. Prosecute proven crimes. Discipline breaches of Ethics. Do all this not out of spite or revenge, but simple justice. We can’t afford not to do it.

Matter-of-factly.

Ken Bossong

© 2020 Kenneth J. Bossong

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Superior Forces

Lawyers all over the country are brushing up on a legal doctrine called Force Majeure. Why? Because it is the key lens for viewing deals disrupted by the pandemic. Since COVID-19 is disrupting almost all human interactions, Force Majeure and related doctrines are well worth examining. If you haven’t already, you’ll be hearing the phrase soon – and often.

When the Law names a concept or a doctrine, it usually resorts to Latin. You may have heard phrases like quid pro quo (“this for that”) or res ipsa loquitur (“the thing speaks for itself”) bandied about recently, for example. Force Majeure is French (“superior force”). So, there’s that.

What really makes Force Majeure interesting and not only for lawyers, though, is how aspects of the doctrine relate to our every-day approach in facing adversity. There are lessons for life in considering what matters here. (No, it’s not that hordes of readers are combing the Internet for posts on the law of Contracts. And no, what follows is not legal advice, obviously.) So, what is it?

The Concept

In ordering our affairs, we seek to hold each other, and ourselves, to doing what we promise to do. Courts are not pleased with those who breach contracts, and assess money damages for doing so. We value promise-keeping.

What happens, though, when an abnormal, outside event prevents one or both sides of an agreement from doing what they promised? That is, if a force superior to the parties’ intent intervenes? (Note: we’ll refer to this simply as the “event”. Also, to do what was promised is to “perform”.)

If someone has a contract with a town or a county to fix a road’s potholes (don’t we wish!) and an earthquake destroys the road, what happens to each side’s obligations? Or if one is hired to paint a barn that burns to the ground? The possibilities of events beyond the parties’ control (whether the cause be nature – floods, earthquakes – or mankind – terror attacks, war) are endless. The potential for complexity far exceeding these plain examples is limited only by the scope of our entanglements.

Sophisticated written contracts often contain Force Majeure clauses. In them, a parade of catastrophes is listed with some attempt to agree in advance who gets to skip, change, or delay performance – and under what circumstances. Some clauses include a catch-all provision to deal with events not mentioned.

After The Event

After the event occurs, if everyone agrees what should happen next, there’s no legal problem. (There are always the hardships and heartaches involved in picking up the pieces, unfortunately.) When the parties disagree, however, even after trying mediation, the courts ultimately must decide.  Was the event a Force Majeure? If so, how does it affect what the parties promised to do?

If there is a contract with a Force Majeure clause, the court will interpret and enforce that language. As in many areas of law, state law will govern. While that means the law will vary some, certain kinds of issues generally will matter:

  • If not completely unforeseen, the extent to which the event was unavoidable or not within the control of the parties  
  • Whether the event directly caused the inability to perform
  • To what extent there was a true inability to perform
  • Whether there were any attempts to perform
  • If the doctrine applies, what the appropriate remedy should be

The burden of proof is on any party seeking to invoke Force Majeure. Obviously the cases will depend on their facts, but there’s no doubt that COVID-19 will present numerous, daunting legal problems.

When There Is No Force Majeure Clause

It is possible to have either (a) an enforceable contract that is verbal rather than written, or (b) a written contract that does not contain a Force Majeure clause. Either way, there may still be a remedy. To address this very briefly, two similar doctrines of law have evolved in our so-called “common law”, on a case-by-case basis.

Impracticability is not just impracticality with an extra syllable, so lawyers can have another word nobody else says. It means something is beyond simply not practical to do, even if not quite impossible. If impracticable, it can’t be put into practice under the circumstances. So, parties invoking the doctrine must show the event to have been beyond their control and destructive to one or more of the contract’s essential assumptions.

Then there is Frustration. This is not exactly what Muddy Waters was singing about in “I Can’t Be Satisfied”, later inspiring the Rolling Stones’ “(I Can’t Get No) Satisfaction”. It is frustration of purpose. So, again, if parties reach an agreement based on assuming certain things will or won’t happen, and an event not their fault later shatters their assumption(s), relief may be available. Was the purpose of the contract frustrated?

[For anyone wanting more detail on the three doctrines, a quick search will provide scads of information. Continuing Legal Education is going berserk with courses on all this – all webinars, to be sure.]

Digging Deeper Into What Matters

In the flood of litigation expected in the wake of COVID-19, courts will have much to consider. Whether there are Force Majeure clauses to interpret, or doctrines like impracticability or frustration to apply, judges will find themselves asking similar questions:

Was performance impossible, or so difficult that it might as well have been impossible? Or was it just annoying, inconvenient, or somewhat more difficult or costly than anticipated? How difficult is too difficult?  Did the pandemic cause the impossibility in this case? Was it even relevant?

Did the parties act honestly and in good faith? Try to perform? Seek to limit the harm or avoid the negative consequences? Seek alternative solutions? Communicate?

Is there a way out of the situation that makes sense? Can justice be done? Is one side trying to take advantage? Is the event just an excuse to renege, or an attempt to renegotiate a deal one regrets? Should the contract simply be void? What if some sort of under-performance is possible, and better than nothing?

Equity and the Truly Superior Forces

Like anything else, the Law is not perfect. Limitations and imperfections exist, whether in statutes, common law, rules, or regulations. Inflexibility is therefore problematic. Up steps Equity, the conscience of the Law. Equity does not oppose the Law, but supplements it with an overriding concern for fairness and good sense. By the way, “Equity” (or “Chancery”) sometimes denotes a division in the court system where remedies other than money damages are sought. Equity’s principles or “maxims” are generally available to interweave with the Law, however.

Of all the old Equity maxims, my favorite is this: He who seeks Equity must do Equity. Wise words, those.

Honesty, fair dealing, good faith, reasonableness, decency, concern for the big picture – these are the kinds of things courts will be looking for in deciding Force Majeure (and related) cases. They’re also what we demand of ourselves and each other when we are at our best.

These are the truly superior forces.

The wise among us don’t wait for the courts to tell us so on a case-by-case basis. What the courts decide to do always carries tremendous significance, but is not as important as what we decide to do – every day, in matters large and small.

The current saying is “We’re all in this together.” In a sense that’s always true, not only during a pandemic and not just with respect to health.  Behavior, good and bad, matters. Bad behavior harms not just the victim but the perpetrator as well, and then ripples through the community. The same is true for the benefits of the good.

Our system and our way of life depend upon our embrace of truly superior forces – among them honesty, fair dealing, good faith, reasonableness, decency, and concern for the big picture. Whether our being “all in this together” ends up a blessing or a curse depends on us.

Ken Bossong

© 2020 Kenneth J. Bossong

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Opening Up While Shutting Down

The noise of everyday life is the noise of being perpetually busy. The shutdown imposed by the coronavirus pandemic provides a chance to open ourselves up.

Too Busy – Usually Real, Sometimes Less So

The frenetic pace of our lives is something we all bemoan at times, often with good reason. There is no time to think, or to reflect, plan, organize, or to reach out to neglected friends or family. We know the drill: job(s) leaving us exhausted; clutter that begs to be cleared; sleep deficits; the good book we’ve wanted to read, but don’t start because it’s “too long”; food wolfed down without really sharing a meal. How many marriages or other relationships suffer from inadequate time to really listen and share unvarnished thoughts and feelings?

Being “too busy” isn’t even limited to the employed. Since retiring, one of my pursuits has been to seek a new excuse for being less effective than I should be. That one’s not going well.

Now Comes the Pandemic

It looks like our bluff is being called. For many of us, lack of time will not be a problem for a while.

As one enterprise after another (sports, theaters, museums, businesses, schools) shuts down, all events (games, tournaments, conventions, concerts, cruises, flights, meetings) are cancelled or postponed. For fans who wait all year for March Madness, as an example, no basketball is indeed madness. The list of what’s not happening is mind-numbing. The announcements should be for what still is happening.

This virus is taking away all the good distractions that give us relief from the bad stuff in life – you know, like illness.

That’s not the only irony. It feels unsettling that our normal reaction to adversity – to gather together for support and camaraderie – is the very thing we can’t do in this crisis. Meanwhile, all this shutting down is happening amid weather (in Jersey, at least) that announces Spring’s rebirth.

Here’s a weird thought: What will the nightly news or the newspapers have left to cover? [“And now for the Sports, with Bob Skiffle. Bob?” “Thank you, Allison. Nobody’s playing. Back to you.”] A news broadcast will consist of the three C’s: Commercials , Crime, and Coronavirus, with a bit of weather thrown in at the end.

What Will We Do?

Forget what the reporting will be, though. What will we actually do with our time? How will Americans spend their time in a shut-down country? Even people whose jobs continue unabated during the shut-down will find most normal free-time activities unavailable. Imagine those whose jobs go away temporarily or (please, no) permanently. We sometimes say there’s nothing to do even when there’s everything to do. We know what we really mean at those times; what happens when it’s true?

We can read that good, too-long book or catch up on TV programming that we usually regret missing. Of course, we can also binge watch re-runs and endless drivel. There are other possibilities, some of them good.

To be clear, this is not to downplay the harm. There will be plenty. The worst harm, obviously, is to individuals who contract Covid-19. Beyond that, however, will be damage to people’s confidence and finances. There is no shortage of pundits telling us what all this means for the stock market, jobs, and the economy. The layoffs have already begun. State and federal tax revenues will plummet, even as the need for government assistance spikes. Yet…

Once we’ve cleaned all the stores out of disinfectant and secured more French-toast ingredients (bread, milk, eggs) than we could ever consume, there is opportunity here as well. If we can pause and take a deep breath, it might occur to us that we have time to think. The first thing to think about is Time itself.

Time Not Always On Our Side

Time is an artificial construct invented as a way to order our lives. Generally, it works. Time facilitates coordination of activity in a way similar to money facilitating commerce. It’s “midnight” at midnight because we agree to call it that.

Consider:  The next credit card payment is due (let’s say) April 1, with a ten-day grace period, because that’s the agreement. Investors in the lender expect profits from payment of loans and collection of extra fees when late. All of which is fine, as far as it goes. None of this is cosmically ordained, however.

If furloughed borrowers do their best to make payment but come up short, how could lenders justify waiving late fees to their investors? Well, by saying, “We all know what happened here. Profits will be a bit down this quarter, but we’ll all be fine.” If the investors’ creditors in turn take a similar tack with them, and so forth, we smooth out the path to recovery.

In choosing to share the pain, within reason, we can lessen it to the benefit of all. (Being the creditor to a  debtor in trouble is no fun, either.) This assumes, of course, that those able to meet their obligations will do so, rather than take advantage. Our system always depends on overall good faith. Also, when the economy comes back, we can make a point of hiring those who lost their jobs blamelessly.

All of this is to illustrate the bigger point: We can all give each other a break for a month, or longer if needed, and not just financially.

Wouldn’t it be great if, after this unwanted hiatus, we re-engaged with each other as a better people?

Becoming Better

Which brings us to the second, more important, thing to think about: we, ourselves, as individuals.

Whatever makes us better – introspection, honest self-assessment, meditation, study, prayer – this might be the chance to re-establish some good habits. Perhaps we can open ourselves up to new possibilities, or to abandoned aspirations, while the noise is shut down.

Maybe we acknowledge the good in each other that we take for granted. Say the things that “go without saying”. Learn something new. Bury a stupid grudge. Do some good where it’s needed. Gain insight. Rededicate ourselves to something worthwhile.

Maybe we find ourselves knowing, and liking, who we see in the mirror a little better next month than last.

Ken Bossong

© 2020 Kenneth J. Bossong