Simplifying Laws

More than a few people have asked the question “Why can’t Congress simplify the laws, rather than making them more complex?” Similar questions are asked about federal regulations all the time as well.

They’re good questions, but they unfortunately also have fairly simple answers. The first is that, in a political system that allows “popular” input, laws can be changed, or tweaked, to benefit those with enough political or financial power to influence the lawmakers. Such tweaks add complexity.

The second reason is that the United States is overflowing with attorneys, and almost every law ever passed is challenged in some way or fashion, either to get benefits under it, to avoid being covered by it, or to widen the coverage. While not all those challenges require changes in the laws, a great number do. In turn, those changes spark additional legal challenges, which in turn often spawn more legislation…and more litigation… and possibly more legislation…

The quick answer to this is to keep the laws “simple.” And, it’s true, “simple” laws don’t offer as much opportunity for legal challenges. But, unhappily, if laws are too “simple,” they can also turn out to be horribly unfair in many cases. So, politicians, never wanting to seem unfair, try to craft laws that are more “fair.” More fair is also more complex, and often the provisions that are meant to make things fair are then challenged by one group or another claiming that the law should or should not apply to them, whichever is to their advantage, and sometimes on the grounds that the application of the law is inequitable.

And when you have a large and complex economy, based on complex technology, with global implications, the legal structure becomes equally complex, and more often than not, the idea of fairness becomes twisted into something that is anything but fair.

Outsiders

In the United States, the “outsiders” continue to dominate the Republican presidential nomination contests, and even among the Democrats, outsiders are gaining ground. What makes this all so surreal is that the same voters who are backing the outsiders are the ones who backed the insiders in all previous elections, because they’re frustrated that elected government isn’t doing what they wanted.

What very few seem to recognize is that what has led to governmental deadlock in so many areas is that voters penalize any official who tries to work out a compromise by throwing them out of office. So there are few compromises. With neither party able to muster a clear majority, compromise is the only way to get anything done, but compromise has essentially become political suicide, because of the polarization of the two main political parties.

So now the voters want to penalize the mainstream and experienced candidates because they didn’t commit political suicide. These voters are doing that by backing candidates who promise results they cannot deliver because their promises are based on ignoring reality. And anyone in the media or political arena who points this out is shouted down, mocked, or ignored.

Is this the result of the “me” culture? The “I want it now and I’m going to have a tantrum if I don’t get it” culture?

That may be, but I think it’s also largely the result of the two-fold failure of most Americans to understand that (1) none of us deserves special treatment merely because we exist and (2) none of us are exclusively self-made successes.

I’m not saying that successful people didn’t have talent and didn’t work to get their success, but I am saying that without all the social and physical “infrastructure” provided by American society and government, few if any of those successes would have been possible. Just having clean water and decent sanitation provides a great advantage. Almost half the world doesn’t have one or the other. Having a basic education is another great advantage. Roughly over a sixth of the world’s population is illiterate. Having enough food to eat with the right nutrients means that children don’t grow up mentally and physically stunted, but some 13% of the world’s population is malnourished, and in large areas, such as Africa, almost a quarter of the population is undernourished.

Wide-spread corruption and arbitrary laws stifle development, ideas, and success, and one of the major factors behind the success of the United States and Western Europe has been the development and enforcement of more equitable laws and regulations. Likewise, the encouragement and development of national and regional transportation systems by governments fosters success. There are scores of other factors in our culture without which individual genius, determination, and effort would be totally thwarted… and yet the myth of the totally self-made individual persists.

We are in great danger of losing everything if we persist in ignoring that our greatest strength is not survival of the individual most fit, but a culture of cooperation and compromise that allows those with talents to flourish. It might help to remember that the deadliest individual predator on the planet is the tiger – and it is an endangered species.

Just One Thing

The other day I went to the grocery store for just one thing. Now, I’ll admit that, since I was there, I did pick up several other items, but I wouldn’t have gone if I hadn’t wanted to pick up that one item, which, by the way, happened to be Canadian bacon. When I left the store, I was departing without the Canadian bacon, because out of every single item in the meat department, the only thing the store was sold out of was, of course, Canadian bacon.

I should have known better. The time I wanted my particular shaving cream and nothing else, they were out of it. The same thing happened a month before when I went to pick-up extra-strength buffered aspirin for my wife [this is more than occasionally necessary for those who teach college students]. Or the time that I went just for dry cat food.

It’s also why I pick up two of all of those items, and try to remember to get replacements before we’re all out… because… exactly, when I wait until we absolutely need just that one thing, more often than not, the store happens to be out of it.

Whether this is because I have an unerring instinct that enables me to run out precisely when the store also runs out, or because the universe is perverse in dealing with the procurement of otherwise minor and insignificant items, I have no idea.

What I do know is that, at least for me, running out of anything leaves me with a fifty-fifty chance of finding the store without it at all… and that’s why we have a pantry with lots of duplication… and why I STILL have trouble picking up just one thing [because when you have duplicates/backups, you tend to think you have more than you do].

Assessment Mania

Enough of the surveys! Enough of rating everything! And especially enough of tests and studies conducted or designed by “impartial outsiders.”

Today it seems as though any business or institution of any size is trying to assess, study, and measure its effectiveness in doing its job and meeting its goals, from Amazon to education, from big banking to start-ups not even off the ground. On top of that, supervisors and managers are flooding subordinates with emails wanting instant progress reports on a daily basis, if not sooner, and the amount of time spent on answering such largely pointless communications continues to rise.

One of the critical points that all these “assessors” in search of data and accountability seem either to ignore or to never have learned is that every minute and every dollar spent on assessment is a dollar or minute not spent on achieving the institution’s or business’s objectives, and more and more assessment inevitably leads to less and less real achievement, no matter what results appear to come from such additional assessments.

Education is becoming the poster child for excessive and counter-productive assessment. No matter what those proponents of great testing and assessments say, and no matter what statistics they cite, American education remains at a crisis point, because, particularly at the elementary and secondary levels, and even to a degree at the baccalaureate level in college, instructors are in point of fact essentially being forced not only to test more and more, but also to “teach to the test.” Add to that the fact that at the collegiate level, they also have to teach to “student evaluations.”

While the tests show a slight improvement in basic skills, what they do not show is the losses. The fact is that the majority of graduating high school seniors cannot write a logical, coherent, factually based, and grammatically correct paragraph. They cannot analyze anything with much complexity involved, and they cannot integrate data, skills, and knowledge. Nor can they apply skills learned in one area to problems in another.

These are not skills that can be accurately measured by any “objective” test, yet they are skills vital to the continued success of a high-tech society.

We’re also seeing similar problems in the political and media arenas, as Americans seem less and less able to integrate data and analyze all the sound bites they receive, many of which are factually incorrect, contradictory, and logically flawed. Businesses over-focus on immediate short term goals, all too often in opposition to what would insure greater long-term success, because success in meeting short-term goals can be far more accurately and quickly assessed.

Metaphorically speaking, we don’t need to kill all the lawyers, as Shakespeare’s King Henry VI asserted, but a good start would be decimating the assessors.

Not So Special

It’s now approaching the halfway mark of the fall semester at the university, and certain all too predictable things are happening. A significant percentage of students, especially first year students, are getting sick. More of them are zoning out or only half- awake in class because of lack of sleep. A great many of them are also realizing that they’re way behind where they should be in terms of learning, reading, and getting assignments done, and the undone assignments are beginning to pile up, especially when they spend too much time on social media.

Then there are those upon whom it has dawned that they’re not special. In my wife’s field – singing and opera – this is particularly noticeable, because probably half of the incoming voice students were the top performers in their high school. Then they discover that they’re in college, amid other first year students who were used to being the center of attention, and all of them also discover, mournfully, that the singers in the upper classes are generally much better. Most of them learn that they have flaws in their technique, and that they need to learn their music far more quickly than ever before – while taking music theory, which is a far tougher course than most would-be music majors have ever seen before in their life, and also taking diction and literature, which requires scores of hours listening – on their own – to music the majority of which most of them have never heard, by composers whom they largely know only by name, if that, and not by their music, while learning things like the international phonetic alphabet (IPA)[so they can learn songs in foreign languages correctly].

And no, they won’t get a lead role. In fact, many will only get minor roles in the operas, or chorus roles. They also discover that they have to practice, and develop, if they haven’t already, basic piano skills and improve their skills enough to pass a proficiency test by the end of their second year…or be washed out of the program.

In short, many of them discover… they are not special in the slightest. They also discover that a great voice, a beautiful natural voice, is only the beginning. One of the problems is that too many of those with great natural talent have been praised every day of their high school life and have never really worked at music. Now they have to work, after discovering they’re no longer special, and every year at least one, if not more, student with great natural ability bails out or flunks out because they actually have to work, because they can’t accept that they just can’t get up there and sing, that they’re expected to develop a good technique, and learn not just arias, but art song, and things like secco recitative. These are just a few of the skills and knowledge that a good program will teach a student, the ones whose mastery will make a student special, rather than providing largely empty praise.

That’s because, in the real world, what makes one special is that you sing not only “beautifully,” but precisely and with emotion and expression, day after day, often under conditions that are anything but ideal. Only the results count, and that’s a hard lesson for students to learn, especially today. Some will… and that’s where their education for life truly begins.