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I. Saturday Morning: Opening Presentation on Integrating
Spirituality, Law, and Politics
The substantive discussions
began Saturday morning with Peter Gabel
presenting avision linking the various efforts each of us is making in our
respective legal settings with a larger vision
of social change. According
to Nanette Schorr’s wonderful notes from the retreat, Peter emphasized
three themes. The first was simply to point out that although the words
“ spiritual” and “political” are today conceived to be
disconnected from one
another and referring to aspects of reality that seem to have nothing to do
with each other, actually these aspects of our social existence are always
connected. To successfully transform law and the larger society, we must
understand and illuminate this connection.
We tend to think of the
spiritual as referring to inner life and politics
as referring to something more external, like struggles
over the
distribution of wealth and power. But this distinction is actually not
accurate if we remember that we are all inherently social beings, all in
relation to each other and not existing apart from our interrelatedness
that continually shapes us and our sense of what constitutes “reality.”
From this viewpoint, our spiritual longings for a sacred and meaningful
life, for love and mutual recognition, for forgiveness and acceptance, need
to be manifested in the world around us that we create—that is in politics
(understood not as “what politicians do,” or elections, or through
any such
narrow lens, but rather the collective activity that we engage in to
communally and democratically create the whole of our social life.) The
fact that both law and politics are not today considered to be “spiritual” activities
or arenas reflects only the tragedy that these central ways of being together
in public life have become de-spiritualized.
The second theme was to
try to show how this de-spiritualization of
the public sphere takes place, emphasizing, by contrast, our inherently
social desire for mutual recognition and affirmation and that this
spiritual desire is as essential to our very existence as our material
needs for food and shelter (infants who are not held will fail to thrive
and die). In spite of this social/spiritual longing for community—a
community in which we recognize one another as “I and Thou” in
the words of
Jewish Theologian Martin Buber—our dilemma today is that we are all
ensnared in a circle of collective denial of this very desire under-girded
by a terror of humiliation that is a legacy of our culture’s individualism
and materialism. To even limit the explanation in this way is probably too
narrow—it is probably closer to the truth to say that the evolution of
consciousness in this society is at a point where we are now only just
approaching a realization of our capacity to see the other as a Thou, as a
sacred embodiment of existence and the Divine.
This portion of the presentation
emphasized that the post-60s and post-
Marxist task of our generation is to help elevate the spiritual longings of
our common humanity out of their current “private” location and
into our
public life so that we can see what we long for reflected back to us by
“ the world,” rather than remaining pooled up in our isolated individual
selves and families. The public culture, including legal culture, that
denies our desire for mutual recognition and authentic social connection, a
connection that would allow us to see each other as the source of each
other’s completion, must somehow be cracked open, and in a safe way,
sensitive to our fear of revealing these deepest needs and longings to the
very people (each other) who have thus far failed to recognize them. It is
only by thus linking the spiritual and the political that we can transform
the world and allow the whole of our common humanity and inherent goodness
to become visible to each of us who is today toiling in isolation.
The last part of the opening
talk was designed to reiterate the
immense potential and importance of law in this process of creating a new
political sphere, if law can become a highly visible public arena of social
healing, and to connect law and justice in a way
that might realize Martin
Luther King’s vision of justice as “Love correcting that which
revolts
against love.” Here the aim was to emphasize that while many of us are
already involved in some form of spiritual/legal activity in communities,
like the Restorative Justice community that holds conferences and retreats
working to bring the Restorative Justice perspective into Criminal Law and
other legal settings, the distinctive aspect of our project is to try to
tie together in an overarching vision what the link is among Restorative
Justice, Understanding-based mediation, the introduction of spiritual
elements into private practice, and efforts to transform the education of
the next generation of lawyers in a spiritual and moral direction.
In a larger sense, all of these efforts are attempts
to overcome the
enormously painful consequences of a socially alienated world. This
alienation, separating self and other and suffusing life with paranoia
toward the other, existential isolation, and cynicism or despair about our
own highest longings, is today reinforced by an adversarial,
individualistic, and materialist legal culture that in effect equates
alienation and justice. By tying together all of our distinctive efforts in
our respective localities and types of work within a disalienating vision
of a new spiritual politics, we have a real contribution to make in
changing the world as a whole and law as a whole beyond our particular and
important work in different contexts with particular clients or in
particular fields of law or law teaching.
At the end of the presentation
everyone booed. Just kidding: this
just shows how hard it is to write this stuff down without showing some
kind of fear or shame. In reality, people broke up into four small groups,
met for a period of time discussing the ideas
presented, and then came back
to the larger group to share their respective group’s thoughts. Among
the
many points raised were feelings about the enormity of the dilemma of
social alienation and the difficulty of affecting it, the need for
translating these ideas into languages appropriate to the varied contexts
within which we live and work (recognizing, for example, that Texas is not
California), the tremendous importance of the deep message underlying these
ideas insofar as they reflect every aspect of our cultural existence, and
the importance of transforming self-blaming and other-blaming, which
function to deny the climate of spiritual distortion that pervades our
spiritual/interpersonal environment.
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