A HIATUS

As I'm sure everyone has noticed, I have not posted anything in several weeks. This is partially by design and partially by necessity.

In recent weeks, my impulse to write has ebbed. I am not ashamed to say it. To the contrary, I think it is only natural for me to take a long break after writing almost 3000 pages over the past 20 months. Spring and summer traditionally tend to weaken my urge to write. They always have. I've also been coping with crippling migraine headaches lately. But my reasons for curtailing my output now are more substantial than that.

About two months ago, I literally ran out of money. So for the last two months, I have scrambled to find ways to stave off my inexorable creditors. That cut into my writing routine. It also sapped my energy, since commercial venturing took my best time from me. In the past, I had all the time I needed to write. Now, I spend my freshest hours pursuing economic stability. That denies me my most creative time.

I do not regret this in the least. I have doggedly attended this blog since before Obama became President. I think I have largely addressed my life philosophy. I have done what I set out to do. This blog encapsulates my views on so many subjects. It is a living testament. I am proud of it.

On the other hand, I am not exactly the same person I was when I began writing this blog. In some ways, I feel like I am no different than I was on September 11, 2008. But so much has changed in my life since that day. While my core thoughts on many subjects have remained consistent throughout that time, my circumstances and life expectations have changed dramatically. I see no need to continue addressing issues that I have largely addressed in the past. I don't like repeating myself.

Yet my blog will never die. I will return to it from time to time in order to mark evolutions in my thinking. I do not want to obsess about it as I once did. Rather, I want to use my blog to annotate my life when I must. I want to control my blog, not the other way around.

I say that to clear the way for a larger endeavor. If my blogging experience instilled anything in me, it was writing discipline. When I get an idea, I follow through with it. I commit it to paper. And then I've captured it for all time. Applying that discipline, I assembled a formidable array of familiar themes that will guide me in future projects. I plan on writing three large pieces in the coming few years. In large part, they will draw from thematic material I have already explored in this blog. In that sense, I have already written the large pieces: You have already seen their roots right here in this blog. I just need to fill in the blanks now.

I have no intention to ever stop writing for good. I can't. I must do it. Convention appalls me too much to merely go through life in silence. No matter the literary medium I choose, I promise to continue critiquing, observing, satirizing, reminiscing, lamenting, analyzing and philosophizing.

I apologize to all those who have grown accustomed to daily posts. I have simply reached a new phase in my life and it is time for me to modify my writing accordingly. From today on, I plan to post on recent news when I can. I also plan on jotting down the occasional satire when something really tickles me. But I will conserve my main efforts for my larger works. Even then, I will give myself a very long break to reflect on what I plan to do before I sit down to write again.

I am grateful to everyone who has taken the time to read my posts. You have gained an insight into how I think and how I perceive the world. And when my larger works appear, you will feel yourself in familiar territory. It all stems from this source. This is my testament. Thank you for sharing it with me.

Oesterhoudt

UPDATE AND A WORD ABOUT MY FUTURE PROJECTS

You've probably noticed that I haven't posted anything in a few days. Once again, I've been extremely busy handling my partner's health problems. I spent the better part of the last two days in the hospital. I didn't sleep much during that time and when I got up this morning I was too exhausted to think, let alone generate a decent post. Aside from that, I was out of town this weekend and have been occupied with lots of new things; and don't worry: They are good for me!

Still, all these events have denied me my writing time. That bothers me on many levels. It makes me feel better just to let you all know what's going on with me, since I'm accustomed to a certain weekly output. On the other hand, I realize that life does not always offer the best circumstances in which to create. And if I have to go into "writing dormancy" more than usual in the coming weeks, I will have to face it. I apologize in advance if I don't crank out my hoped-for three or four posts every week.

I always get so many ideas during my breaks. When I just live and observe, I amass new thoughts, experiences and impressions. I know those ideas will all buoy me when I settle down into another long writing phase. I've actually jotted down three big ideas for longer pieces in the future. Although I do not have the time or space to discuss them all here, I will say that they involve these issues: Truth; confessions; power; capital punishment; free will; death; sexuality; categorization; identity; desire; subjectivity; happiness; prejudice and reflection. I have conceived both fictional and nonfictional structures in which to explore these themes. But my piece on sexuality will be part reflective, part anecdotal and part polemical. Think of it as a sequel to Foucault's work on sexuality, with a personal twist to make it accessible.

To share some detail from my own personal experience lately, I have been entertaining serious doubts about my own sexuality. And my doubts move in an unconventional direction. Namely, for almost 14 years I have been quick to characterize myself as "gay." But in fact I'm not so sure what that means anymore. By the same token, I cannot say what "straight" means, either. In truth, the only reliable conclusion I've made in this inquiry is that sexual identity is never clear-cut. That is because it reflects basic desire. Basic desire, in turn, is purely subjective. It is impossible to categorize desire because there is no limit to individuals' deepest subjective tastes.

I don't think people appreciate just how fluid sexual identity is. That is what I will address in my piece. In the process, I will discuss the unfortunate human tendency to associate absolute meaning with artificial categories. I plan to show that categories like "gay" and "straight" are not talismanic. Rather, I will show that they are at best "rough guidelines" that exist in various proportions in us all at different times in our lives.

I also plan to discuss why I think the term "gay" is absurd. When it comes to categorizing groups, sexual "orientation" is a dubious--and barely unifying--characteristic. That is not to say that people who identify themselves as "gay" do not merit certain assistance or solicitude under law. My main argument will be that "gay" is not a good identifier, nor is it absolute. There are plenty of people in the world--including me--who find men attractive, yet have no difficulty whatever finding women attractive, too. The bottom line is that one desire never excludes another. And "gay" is a category that essentially implicates a particular sexual desire.

So that's what's on my mind these days. Forgive me for the sparser posting. I promise there is plenty more to come. I have a whole list to get to!

Take care. And thanks as always for reading my archives.

Oesterhoudt

MOMENTS IN TIME : JANUARY 1, 2000

A REFLECTION

Sometimes memories return to me with uncanny clarity. It is not just the clarity that strikes me. More often I wonder why certain memories return to me so long after the event. After all, of all the things I have experienced in my life, why would one day's details suddenly reemerge? What triggered it? And then a more vexing thought crosses my mind: As clear as my memory seems to me, perhaps reality was very different from what I remember? Who can say now? That is one reason why memory fascinates me so much. It is exquisitely subjective. It seems real, but only to ourselves.

I got up this morning and suddenly remembered December 31, 1999. On that day, I worked from morning to night and beyond. Back then, I was a 22-year-old kid with a "bowl haircut" and a jean jacket. I wore ripped $30 pants for days at a time. I was a college senior who memorized Nietzsche quotes without fully comprehending them. I basically had no money; my mother gave me about $20 a week to spend. So starting in 1997 I worked as a DJ to make a few extra bucks. Much to my good fortune, I met a much older guy named Joe who had been DJ'ing parties around the city for decades. He used to tell me stories about going home with women after disco parties in the 1970s. He was a Vietnam veteran and--to be kind--rather eccentric. He lived alone in a food-strewn apartment on 122nd Street brimming with records and 5 or 6 yappy Chihuahuas (one or two died over the years; but a few more were born, so I can't remember the exact number). Basically, the place was squalid. But somehow Joe kept getting gigs and holding his life together really well. He kept a zillion post-it notes all over his bedroom to remind him to do this and that each day--and he always got it done. For years, we worked really well together. He farmed me out to jobs he couldn't do and I gave him a cut of what I made. Plus we became really good friends.

Both Joe and I knew that New Year's Eve on Y2K would be a gangbuster night for DJ's. After all, everyone was partying that night. Some people thought the world was going to end. I knew it wouldn't. But it was an unprecedented atmosphere. And most importantly, entertainers like us were in demand that night. So we could charge huge fees and we knew people would pay. We could name our price for a change.

Joe wound up scheduling a $2000 job. At the same time, he booked me a job for $1800. We agreed I would get $1500. He would take a $300 commission. That seemed fair to me; in fact, I was thrilled. For a kid who wore torn pants and got $20 a week to spend, $1500 was a treasure trove. I could live the whole semester on that--and all for just one night's work.

I remember the job exactly. We did it in a brand new loft apartment on 21st Street near 6th Avenue. Some nouveau riche woman and her husband were throwing a party. Joe and I drove down to the apartment the morning before the gig to set up. Joe drove a virtually unroadworthy mid-80s Chevy station wagon. It had no muffler and a pretty disgusting, food-like crust clung like a glaze all over the interior. The car had roaches. And Joe stuffed in so many speakers, wires, amps and record crates into it that I was amazed the bumper didn't scrape the pavement as we drove. In short, despite all appearances, Joe was a master of limited space management. The cops never pulled the jalopy over, either.

I remember schlepping all our equipment two flights up to the apartment. The woman and her husband were frantically decorating the place and setting up long tables for the hors d'oeuvres. I had a few words with her. She said she liked hip-hop and R&B. I said that was great because "that was my specialty." She seemed to like me. She didn't seem to like Joe too much, though. After all, at first glance he looked really gruff and he spent his time hauling speakers and wires all over the place. He was always polite and even charming. But he just didn't look the part. Some customers really used to treat him badly, and that hurt me.

After we set up the equipment, Joe and I sat in the car for a few minutes and talked about the plan for the evening. I would show up at the gig and do my thing. He would go to his gig and do his. Then he would pick me up from my gig and I would give him his cut. We would drive back uptown together and call it a night around 4 AM. It was a good plan. We then went our separate ways.

I remember the party went very smoothly. I got to play the music I wanted. The crowd was easy and did not complain. My DJ station faced east; the crowd looked west out the windows over 6th Avenue. Joe set up the lights and I controlled them with a little hand console. It took a while for the alcohol to get the party moving; eventually it did. I started off playing 70s funk and rare grooves. That gave a nice ambiance to the early part. Later, people started asking me to play hip-hop and assorted Top Ten pop. I obliged. I remember one Asian chick kept asking me to play Lauren Hill's "That Thing" over and over again. That tune always generated a huge crowd response, so I waited to play it until the place was really hopping. I kept telling her "it was in the pipe." She never quarreled with me; she just kept going back to her friends and dancing.

Before midnight, nervous excitement came over the room. People started wondering aloud whether the world would end at 12:01. I remember people throwing their drinks and hooting in the minutes leading up to midnight. I also remember looking outside and seeing helicopters flying low over the city with spotlights on. There was a lot of honking and yelling on the street below. I could hear it even over the music. Finally, 12:01 came. Nothing happened. A huge cheer went up on the dancefloor. Then the party went into overdrive. "Hypnotize," "Walking on the Sun" and "Backstreet's Back" were particularly popular that night. Oh, and of course "Groove is in the Heart" and "It Takes Two" made everyone move, too, even otherwise respectable-looking bourgeois with jobs: I always laughed when I saw white bankers singing along to rap songs. But by that point at the party, the alcohol was guaranteed to make everyone dance, no matter what was playing. Even so, as a DJ, I felt like I had accomplished something. Lots of drunk, happy people profusely thanked me for "all the great tunes" as the evening approached its end. It was always a nice perk to get compliments, even if the partygoers were fall-down drunk and virtually incoherent.

At about 3 AM, Joe showed up from his party. People had already started to leave. Beer and broken plastic cups littered the dancefloor, along with squashed finger foods and dirty napkins. Everyone was shouting, hugging, hooting, caressing and laughing. The mood was very good. Almost all the food was gone and the wine was running low. Joe went over to the hostess and whispered to her. She then came over to me and told me it was OK to start wrapping up.

Within 30 minutes, almost everyone had left and I stopped the music. The house lights came up. Joe started breaking down the lights and sound equipment. I chatted with the hostess for a while. She complimented me in the highest terms, even though she was utterly shitfaced. I still felt like I had done a good job; for my part, I did not touch a drink that evening. I had a few Sprites and some ice water. Finally, the hostess pulled out an enormous wad of $20 bills and handed it to me. I thanked her. She went away and I started helping Joe move all our stuff downstairs. Meanwhile, the hostess and her husband started brushing trash off the floor with two big push brooms.

It took us a good 30 minutes to haul all our stuff downstairs. We loaded it into the car and--once again--got it all to fit. After that, Joe and I shook hands and congratulated each other on a job well done. I handed him his $300 commission. Then he headed back uptown and he dropped me off at my dorm on 114th Street and Riverside. I wished Joe a happy new year and thanked him for being so generous to me. He said no problem and drove off into the predawn darkness.

I went upstairs to my room on the fourth floor. There was no way I could sleep after the night's toils. It was about quarter to five in the morning, January 1, 2000. I walked over to my single-size mattress. I took the enormous cash wad from my pocket and laid all the money out on the bedspread. I was in awe: $1500 in cash, all for me. I never thought I could ever make that much in one night. It was unbelievable. What a way to start the new year, the new decade, the new millennium. I felt like life could not get any better than this. I even felt that time had suddenly stopped, as if I could never get older, that this moment would last forever. After all, it was the year 2000! To that point in my life--indeed, in everyone's life--it had always been the 20th Century. I couldn't really fathom that life would go on as it always did. On that night, time froze as I sat there ogling my massive money pile. For a few hours, I felt utterly invincible. I felt that I controlled time and that I would never age.

I was hungry. I went out to get some food at Tom's Diner. It was extremely quiet. All the partying was over. A few stragglers appeared here and there, but that was it. I saw a few "2000" party eyeglasses in a trash can. It was still dark. As I headed down Broadway, a New York Times truck pulled up and a man tossed out the morning edition. I bought one. It had an unforgettably bold headline: 1/1/00. Underneath, in typeface almost as big, was a headline saying that Russia's President Yeltsin had resigned. A new man, Putin, was taking over.

Wow, I thought, everything was looking up! It was a fresh new morning in a fresh new millennium. I had $1500 in cash and there was a new Russian President. One era ended. Another was dawning. Time stood still and I was in control.

Then I went to Tom's and ordered a shake and fries. I stayed there for a while. I let myself get tired. Finally, I headed back to my dorm to go to sleep. It was dawning. Time for bed. It was a good night.

I still have never made that much money in one night as I did on January 1, 2000. I think that's why I remember it so vividly. It felt really good.

Too bad life got harder after that. But on that night, I didn't think anything could ever go wrong.

UNCOMFORTABLE SUBJECTS : PRIVATE RACISM

A REFLECTION ON RACE IN AMERICA

I want to take some time to mention what I'm planning to write over the next few days. I think it's especially important to lay out my intentions this time because I am about to venture into very difficult territory.

Whenever I set out on a new intellectual endeavor, I always think of my mentor: Friedrich Nietzsche. In this instance, I think about the title to one of his aphorism collections: Uncontemporary Observations. Nietzsche did not care whether he wrote about subjects that ruffled traditional feathers. He purposely contradicted the expectations of the "the present" and "contemporary" society. His ideas at times recapitulated themes from distant history. At other times, they foretold the future. In either case, he was not "contemporary." To the contrary, he purposely defied "contemporary."

Writers face constant pressure to be contemporary. After all, you can't be successful if you don't write to meet present expectations. Yet no one ever evolves without taking daring chances; and writers are no exception. By accident, I find myself in early 21st Century America: A strange, confusing, conflicted, changing civilization. There are certain subjects that we simply do not talk about, or at least we do not voice certain sentiments about them in public. It is irrelevant what we privately think about these "taboo" subjects. We just never voice what we really believe. Sometimes our beliefs are not even conscious.

Race is among those subjects. Personally, race is an obsession of mine. It frequently inspires my writing because it is so maddeningly relevant. Yet there are certain things we simply do not say about it, no matter how often we think them.

Race has played a pivotal role in American civilization from our earliest history. Through race, we have seen just how low American civilization can fall. Through race, we see our principles challenged. All our grand rhetoric about equality, dignity and fairness falls flat when applied to the American experience with race. It is no surprise that much of my satire involves racial realities in the United States. After all, when we honestly view race in America, we see several different Nations living in one. And they aren't all equal, no matter what the law says.

But I struggle with my own conflicts about race. In my writing and in my public expressions, I vociferously advocate equality. I believe that everyone in this country--no matter their origins--should have equal legal opportunities and a fair shot at success. I truly believe that. It is only just. We cannot claim to live in a just society if some people do not have the same chances for success simply because of their ancestry in a certain country or a certain continent.

Yet even in saying this I feel myself a hypocrite. In fact, I come close to a confession when I say that I am a racist. But we all are. Americans simply do not understand that racism comes in many shades. Some are overt, but most are extraordinarily subtle. Everyone in the United States is a racist in their own fashion; you do not have to be David Duke to be a racist. Rather, every American--including declared liberals--harbors deep-rooted cultural expectations about the "ways" of different ethnic groups. Every American believes on some level that people in other ethnic groups are "different" and "act differently" than they do "because that's the way they are." They do not necessarily mean it in a malicious way; but it is ever-present. And it is racism.

We are racists the moment we say: "Two guys and a black guy entered the room." I was raised with these distinctions. I also grew up in a distinct cultural background (southeastern Connecticut; and as the biological product of hardworking Northern European Protestant descendants). Both by nature and by operation of economic forces, that cultural background was racially exclusive. For the longest time, I never thought I was racist. How could I be? After all, I always learned that it was "bad to be a racist" and that I wasn't a racist because I did not publicly say bad things about people in other ethnic groups. But my own family--the same family that taught me these abstract lessons about race with the best possible intentions--cultivated a set of cultural values in me that made me completely dissociate myself from other races. Those values also made me intuitively judgmental toward anyone who did not share them. And on a subconscious level, I began to believe that my values were normal, while others were not. That was racist.

Racism is everywhere in the United States. It is on everyone's mind all the time. And it is intensely private. When white people eat at a restaurant and a black beggar enters the restaurant, I challenge everyone sitting there to say that they do not harbor certain negative assumptions about black people: "Why doesn't he work? Why do they beg? Why are they all so poor? They're all like that..." they think. They might be ferocious liberals and believe in equality. But in that cultural situation, I challenge them all to say that they do not make immediate judgments about black people in their own private minds. And it is not their fault: It is simply a function of their own cultural backgrounds reacting to another cultural background.

America elected Barack Obama. But that does not mean we are not beyond racism. My "uncontemporary observation" on this subject is that EVERYONE IS A RACIST. It is just a question of degree. We may bear no conscious ill-will toward other ethnic groups. Yet when we make even the most subtle assumptions about them, we are racists. Even disadvantaged ethnic groups engage in racism. I challenge any black person to say he harbors no assumptions about white people when placed in a social situation with them: "He's not going to be fair with me. He's not going to treat me right. He's going to condescend to me. He's going to exploit me. He's going to disrespect me. He's going to fire me because I'm black. That's what they all do. White people are mean and will hurt me any chance they get." Racism goes in both directions--all the time.

Overcoming racism is about more than turning to the law for superficial equalization. Overcoming racism is a mammoth cultural endeavor; and we are nowhere near achieving it. Until we truly harbor no assumptions or expectations about "how other ethnic groups act," and until we truly do not think "How typical" when someone from a particular ethnic group acts in a particular way, we are racists. Yet we do these things all the time without even knowing it. We are merely giving expression to the combined weight of our respective cultural heritages. Heritage bears down upon us in America as in no other country on earth. Nowhere on earth have so many disparate cultural traditions been thrown in with one another. And nowhere else has such burning intolerance arisen when those traditions clash.

Let me be clear for the record. I live my life to avoid racism in all things. But I am still as racist as every other American because I cannot honestly say that I do not occasionally make negative assumptions about other ethnic groups in difficult situations. In this sense, we are all racists. When a black youth wearing a doo rag, low pants, a crooked hat and gangster-style sports garb acts rowdy with his friends on a subway train, I intuitively think: "He is up to no good. He's going to cause a scene." I wish I didn't. But I do. I tell myself I shouldn't think it. I challenge any white person from my cultural background to claim the very same thoughts do not flash in his mind in the same situation.

I have no solutions to the racism problem. The best we can do is to forbear as much as we possibly can in our external behavior. We must try to understand one another as best we can for the sake of order and coexistence. It is relatively easy never to "act like a racist" or "say racist things" in public. It is easy not to be David Duke. But it is not so easy to truly drive racist thoughts from our minds in pressing circumstances.

I wish we weren't all racists. I really, really do. But we would all be dishonest if we said we weren't. And I will immediately call anyone a hypocrite who denies his own racism. Racism is not just the overt hatred we hear about in groups like the KKK. Racism is also about unconscious economic segregation. Living in a part of town that no black person can afford is racist, too. Supporting an economic system that perpetuates racial inequalities is racist, too. After all, why do most wealthy white people live in areas that black people cannot afford? Because they won't have to be around black people. When black people are around, it's a "bad neighborhood." Even using the term "bad neighborhood" is racism. It is no coincidence that "bad neighborhoods" are always the poor, black areas. And it is racist to assume the poor, bad areas are always black. Yet people who claim not to be racist use the term "bad neighborhood" all the time.

Consider a white real estate broker who thinks he is not a racist. He says to his client: "You don't want to live above 96th Street. That's a bad neighborhood." Why? Because black people mostly live there. How can that not reflect deeply entrenched, racist assumptions about black people? Think about how often we use terms like "bad neighborhood." They are racist. And most barely comprehend why.

Racism in the United States is exquisitely subtle. It is the inevitable byproduct of placing so many cultural backgrounds in close proximity to one another, along with the natural human propensity to resent those who are different. As such, racism is everywhere. I know it's not popular to say. But that does not mean we cannot honestly grapple with it. Is it terrible? Of course it is. But there are lots of terrible things about American life; and in my view it makes more sense to call a spade a spade than to pretend it's not.

This is my uncontemporary observation for the day.

POLITENESS AND SMALL TALK

OESTERHOUDT STRIKES

I am a very polite person. Even when it makes sense not to be polite, I am polite. It is almost reflexive for me to be polite. In my early life, I learned always to be polite. My mother always said: "Be polite! Say thank you! Do not ask for more!" My mother had another name for this institutionalized politeness: "Good manners."

I did not have a choice. I had to be polite. On the other hand, I grew up in suburban Connecticut. People were not out to get me; in fact, most people were extremely nice. Why not be polite to nice people? They deserved it; they meant me no harm. I didn't mind being polite. In the process, I learned to respect everyone I met. They never hurt me, so it was only fair for me respect them.

But things changed as I got older. Once I graduated from college and started living in the commercial world, I quickly found that not everyone was as nice as they were in my Connecticut childhood. To the contrary, I discovered that most people were dishonest scoundrels who would sooner backstab you than help you up if you slipped on a banana peel. In fact, they would probably even laugh if they saw you fall. Even if they weren't malicious, I found most people flaky and unreliable. If someone told me they "would call me again some time," in almost every case they did not.

Yet I was always polite with these people. I shouldn't have been, but I was. After all, it was reflexive. It was a vestige from my idyllic childhood. I smiled with them, said thank you, made small talk. I even did favors for some. Then I received nothing in return. Many even took advantage of my politeness and gained from it.

Slowly, I realized that it made no sense to be polite all the time. Most people exploited it. And almost no one appreciated it. In fact, it seemed that impolite people succeeded much more frequently than polite people. Impolite people ran right over the polite people and got away with everything. What good did smiling and thanking do? Not much.

Still, I was determined not to become just another impolite ogre on the New York streets. I simply learned to be more wary about according respect to everyone I met. I adopted a new rule: Be polite with exceptions. I used my intuition about whether someone deserved my respect. I tried to sense whether someone was worth respecting, or whether they were just another self-interested shark in the water. Sometimes it was obvious to me that someone was a self-interested shark. So I wasn't polite to them. They had nothing ethically in common with me. So there was no need to be polite. Why be polite with someone who would just as soon leave you dead in a gutter? That is just stupid--and servile, too.

I developed a real suspicion toward new acquaintances. Eventually, I could detect immediately whether someone was a complete selfish asshole or whether they were worth further emotional investment. In some settings, I was polite no matter what, as when I interacted with sales staff and other pathetic commercial pawns who obviously meant me no harm. But in all other settings, I kept my guard.

Recently, for instance, I walked back into my building after taking my dog for a stroll. I got on the elevator. A moment later, a very smily, well-dressed woman with a leather portfolio and an expensive cell phone joined me, along with some bewildered looking adolescent who wore his hat backwards. She was clearly a real estate agent showing apartments to this little punk, who probably had just graduated from college and whose dad was definitely paying the rent.

As soon as the doors closed, this insufferable woman opened her mouth. "What a cute little dog! What's his name? What's the breed? This is a nice building, isn't it? The elevator is very nice. It is very convenient. The lighting is good. BLAH BLAH BLAH BLAH."

I was about ready to vomit. I couldn't help but notice the Cartier bracelet on the agent's wrist as she spewed forth her endless, dishonest pleasantries. I knew instantly that she was just talking to keep things on an even keel with her client. After all, no one likes awkward silence. So she filled the air with condescending blather. "It's a wonderful building! You like it here, don't you? It's such a great location, isn't it? There's a grocery store right downstairs, you know," she told me, as if I didn't know there was a grocery store in my own goddamn neighborhood.

"Yes, there sure is," I said, without a smile. I consciously said it impolitely. "And my dog is a she."

"Oh, wonderful," she responded without missing a beat; and without really registering what I said. God forbid any silence should intervene to make her client feel uncomfortable. For his part, the youth-soaked client just stood there staring at the floor indicator as the elevator rose. He was wearing shower shoes, shorts and looked like a smug, boring-ass moron. On weekdays, he probably put on a suit and shlepped to some skyscraper to type emails for one of his dad's friends. Worse, he probably even felt important for it. I could see it immediately.

Thankfully, client and professional stepped off the elevator two floors below mine. They went about their business. The agent kept chatting the whole time. The client bumbled along a step or two behind. He was probably thinking about going out later that night. She mentioned something about a trash compactor as they faded from earshot.

I thought about how impolite I had been with this woman. It didn't bother me at all. Why should I have been polite to her? What did she mean to me? Would she have helped me with anything? And why was she even talking to me in the first place? To provide confirmation for her silence-destroying questions? She was using me as an instrument to avoid awkwardness with her client and talking to me as if I knew nothing about my own building. I knew what she was trying to do. She was trying to seal the deal with this little brat by appearing "friendly" and glib with everyone she encountered along the way. I was just a bump along the road to her commission. That's what bothered me.

Why should I have respected this woman? Why should I have been polite? I do not award politeness to people in situations like this. I do not respect people who ingratiate in order to fill their own pockets. So I do not smile or act nice. Now, that does not mean I am an impolite person. Quite the contrary; it simply means I am judicious with my natural politeness. It also means that I resort to impoliteness with people who deserve to be treated impolitely. Don't be fooled: They are out there. And it is actually worse to treat them politely.

I have been walked over too often for being polite. That is why I now know when to be polite, and when not to be. Believe it or not, it is undignified--and very weak--to invariably be polite with everyone you meet. On the whole, people don't deserve it. So you need to learn when it works to be polite, and when it doesn't.

WHY I WRITE ABOUT TIME

A REFLECTION

In recent weeks, my writing pace has slowed. I am thankful for that. It has allowed me to look back over my work and reflect on what is important to me. No one likes change, but I welcome this one.

I write thematically. Last week, I looked over several old pieces and started to think about the themes that occupy me most. I asked myself: "Why do I write about these things? Why are they important to me? Is it apparent why they are important?" Perhaps it is apparent why I write about reason, dignity, evidence, law, power, money, death, fairness, equality and happiness. Perhaps it isn't. Perhaps people think it's just because I am a hermit who writes whatever he thinks on a certain day.

But that would be incorrect. Common threads unite all my themes. Those threads bind all my pieces together. Taken together, they present an overall philosophy about our existence. I am a consummate individualist: I never surrender who I am. I do not like to follow, but neither am I a zealous leader. I am not presumptuous enough for that. If my ideas gain traction, it is by quiet assent, not by compulsion or advocacy. In the end, I am a voice against all the forces in our society that subvert individual creativity and value. I criticize commerce because commerce is antithetical to both. I do not like forces that instrumentalize human beings or reduce them to purposes. I do not like convention. That is why I write satire, too. Normality makes me laugh--hard.

Among the threads that unite my work is a respect for time. I write about time in many ways. But in the end I admonish my readers to remember that time is vital because it is all we have. Without time, we cannot cultivate our interests or expand our personalities. Nor can we experience joy or feel good about ourselves. Yet so many forces compete for our time. When we lose our time to some competing interest, we lose the opportunity to live for ourselves. That is one reason why I am so critical of employment: Employment robs our best time and leaves nothing for us. It purports to "compensate" us for the robbery with a paycheck. But what good is pay (even really poor pay) if you can't spend it until your best time is gone? We have just a limited time to experience positive emotions before we die. If we give up our time in unpleasant ways, we never get it back to spend it pleasantly. We have only one shot at joy.

My views about time have changed significantly over the years. Before my father died in 2006, I had a very dismissive attitude about time: I always thought I would have more. I did not mind working for 14 hours a day in an office because I knew there would be time to enjoy myself later in life. I had smug assumptions; I thought life would just wait for me as I slaved away, wasting my time. I thought for sure that I would have at least 25 more years with my mother and father. I thought they could wait until I put in all that work, so it wouldn't hurt if I skipped seeing them for Christmas. I thought they would understand if I had to work a weekend.

But all those smug assumptions came crashing down when my father died. He died without any warning. In January 2006, he was a healthy 58-year-old who ran half-marathons every year. Then he developed pancreatic cancer. By June 2006, he was dead. And I had skipped his birthday every year for five years before that because I had no idea that he could die. I was focused on my "traditional career program." I did not respect time. And I suffered for it.

Thankfully, I learned my lesson. Only after living with death did I start to respect time. It made me rue the choices I had made in my life. I did not care about "success" any more. After all, what good does "success" do when you can suddenly just die at any moment like my Dad? Who cares whether you get a certain job or own a home? It's all meaningless; it can all end before you know it. Recognizing how fast life can end makes you respect time. And it makes you start spending your time more wisely, too.

Within six months after my father's death, I resigned my job at the law firm. It came to nauseate me. It probably would have nauseated me even if my father had not died. But after experiencing his death, I simply could not bear the pettiness of law practice. I could not bear hearing people whine and bicker about money. I could not bear the infighting about filing papers, sharing copy costs, managing calendars and setting docket dates. And I could not bear the ceaseless criticism about "not moving fast enough" to make profits on cases. It all seemed utterly, utterly meaningless. I did not care in the least. After all, what difference did all this make? I could just die suddenly like my father; what good what profits and docket dates do then?

When my father lay dying, he was not thinking about success, careers or money. He was thinking about his own existence. He was thinking about the fact that his time was running out; and whether he had spent it well.

I took that lesson to heart: Was I spending my time well? Or was I wasting it in a chase after meaningless rewards? I concluded that I was wasting it. I began living in the awareness of death; and that made me treasure my life. I started savoring my time. I resented anyone and anything that impinged on my time; for how was I to know whether I would be here tomorrow? I wanted to be master of my own time, because time gave me my chance to live. Obviously, this did not make me a good candidate for employment. So I had to adjust my approach to supporting myself.

I contented myself with making just enough money to feed and house myself. And I did so in a way that did not rob my time and dignity. Since then, I have been happier with my lot. For the most part, I am master of my time. That brings its own rewards.

I never forget what happened to my father. It tempers me whenever I feel the impulse to get into the "success race." I reflect on how little time I have to relish my life. Then I think how much time I will have to yield in order to achieve "career success." That is to say nothing about the sacrifices in dignity, ethics and happiness I would have to make to achieve it. Finally, I think: "Even if I do achieve 'career success,' what will I feel? What good will it do? What if I simply die on the way? When I lay dying, what will I think about how I've spent my time? Will I regret all the days and nights I toiled in an office fighting for a company's profit?"

These thoughts comfort me. They assure me that I have made the right decision for my life. Having said that, I know not everyone will make the same decision. My views about time reflect my experiences. They work for me because I live in the awareness of death. My respect for time intertwines with my respect for death. After all, life--with all the joy and misery it can write upon our bodies--hangs by a thread. It can end instantly. And life is time: There is our time, then there is death.

That is a pretty good impulsion to spend our time well. Because once it's over, we're over, too.

That is why I write about time: It is the tragic, ever-diminishing coating that encapsulates us all. When we waste it, we waste ourselves. So I choose not to intentionally waste it on anything that does not bring me joy.

HOW TO BREAK UNHEALTHY ATTACHMENTS TO PEOPLE

OESTERHOUDT ON RELATIONSHIPS

People often approach me for relationship advice. I don't like to flatter myself, but I'm good at it. I know a thing or two about human beings and their capacity to live with each other. I have credentials. I have been in a committed relationship for eleven years and I have endured every emotional, physical and sanity-damaging challenge you can possibly imagine. Along the way, I have coped with jealousy, envy, longing, lust, passion, disappointment, infidelity, vanity, heartache, reconciliation, misunderstanding, rage, sleeplessness, abuse, frustration, ecstasy, contentment, simple joy, tension and anxiety. I have even weathered trying health troubles at my partner's side, like unforeseeable life-changing accidents and mental illness.

When it comes to living with another person, I've been around the block. I'm not a boy anymore. I'm a man. That's not a boast. That's a fact.

In many cases, people ask me whether they should transform pleasant acquaintances into lasting relationships. Others ask me how to overcome consumptive attachments they develop to people, then the terrible disappointment that flows when their love interests do not reciprocate their devotion.

These are related situations. They arise frequently. When a person tries to force a relationship onto another level, a power struggle ensues. One person wants something the other might not. This leads to a disparity in desire, as well as wishful thinking and blind faith that the other person is acting in accordance with your fantasies. In short, it is emotionally dangerous. When you start expecting another person to act the way you imagine they will, you are setting yourself up for heartbreak or worse.

I did this in my first love. I became very close friends with someone when I was just a teenager. I loved our time together. We had a very special friendship and I felt respected whenever we met. Eventually, my feelings grew stronger. I wanted a romantic relationship. I started believing that he did, too. He really didn't. I wanted him to love me the same way I loved him. I turned it over in my mind all the time; it kept me up at night. I wanted to talk to him all the time, but I didn't want it to seem that I was the only one making the phone calls. So I would wait around for days at a time wishing that he would call me; and of course he didn't. When he finally did call, my heart would race and I would stumble on my words. I felt that I was speaking to my savior; he had all the power over me. It was just pathetic. I was slavishly dedicated to him even though he never gave me the reciprocation I craved.

It took me several years to break my attachment to this person. I wasted so much psychic energy on an illusion. I will never do it again.

Now I see clearly what I did wrong. I created a whole mental patchwork of fantasies about my friend. Those fantasies overwhelmed my mind. I expected my friend to act in accordance with them. It was unrealistic, of course, but when you're craving a person's love, you do not think reasonably. My mistake was this: I fell in love with a subjective fantasy image, not a real person. And when the real person did not act according to the fantasy script in my mind, I felt crushed. I expected too much; and I learned that people are basically inscrutable: They rarely act the way you really want them to.

My youthful attachment to my friend was unhealthy for another reason: It led me into slavishness. I hung on his every word. I followed his every action with total devotion. I delivered my fate into his hands. Whatever he did, I followed. I gave him all the power because I wanted him to give me what I wanted. I wanted him to love me so much that I sacrificed my own dignity and spirit to win his affections. I stumbled on my words when I was around him because he was my mental master. I wanted too much. That made me slavish.

I did not break my attachment to this person until I stopped wanting what he had to offer. And that is the lesson: If you have an unhealthy attachment to a person and they are not showing you the love you want, you must convince yourself that they have nothing you want. Once you do that, you will stop obsessing about them. You will regain your peace of mind and dignity. You will reorder your desires and think clearly again. True, it is hard to do. But you will thank yourself if you can pull it off.

Let us try to understand how this works. We develop unhealthy attachments to people when we WANT something they have. "Want" is the most important word in our mental lives. It expresses our truest desires. It honestly discloses who we are. No one controls what we want; our personality dictates it. We are never so happy as when we get what we want because it satisfies our deepest, most personal yearnings.

Problems arise when we want something that only another person can give. In this case, we cannot easily address our wants because we cannot directly slake them. And because the other person has what we want, we make concessions in order to entice him to give us what we crave. We indulge him far more than we should. We bow, scrape, flatter and stumble on our words. We make our love interest our master; he has power over us because he has the discretion whether to grant us what we want. That is unhealthy. It leads us into despair because we willingly enslave ourselves to his will. Disappointment and frustration become our dominant emotions. We never get what we want. And we are crestfallen every time our love interest does not act the way we expect--which is much more often than we'd like.

But there is a way to overcome this cycle. To break the attachment, you must engage your reason. You must take control over your own desire again. You must convince yourself that the other person has nothing you want. If you can do that, the other person loses his authority over you. He becomes indifferent to you. You get to say what you want, not him. You can pursue your own desire again without a fickle middleman. That is freedom in the purest sense.

I know it is difficult to do this when you are caught in an unhealthy attachment. It is hard to engage your reason when you are contorted with unrequited desire. But it is worth the effort. It helps to have a distraction that breaks your incessant attention to your love interest. In my case, I met someone else who took my mind off my obsession. It helped me turn my mind away from its destructive focus on unattainable affection. Within a few weeks, I felt free again. It was wonderful.

If you ever find yourself with an unhealthy attachment to another person, think about why you feel the way you do: You want what the other person has. You put your happiness in his hands. You heap unrealistic expectations on the other person and you disappoint yourself every time he acts some other way. You give him total power over the way you feel. Conceptually, it is easy to understand. To break the attachment, you must simply stop wanting what he has to offer. Once you control your own wants again, no one will ever tyrannize you with frustration and disappointment. And life feels much better when you're not frustrated.

FACTS DO NOT NEED TO BE OFFICIAL; THERE ARE NO "REAL FACTS"

OESTERHOUDT STRIKES

I went to Starbucks this morning to buy a coffee. I wasn't really thinking about anything. I was groggy and I was battling a cold. But as I waited for the barista to serve up my venti bold, I overheard the man behind the espresso machine say to his coworkers: "Wikipedia is written by us. Those aren't real facts."

My mind immediately sprang into action. I really did not care about the man's opinion about Wikipedia. Everyone knows that you need to read Wikipedia with a grain of salt. Its reporting can be unreliable, just like any other source. But I took serious issue with his assertion that Wikipedia does not contain "real facts" because "people like us" write it, as if "regular people" are incapable of reporting "real facts."

I was saddened for two reasons. First, the barista's comment revealed the widespread--and servile--public belief that "facts" must flow from certain "official" sources. Second, it revealed the belief that "regular people" do not deserve credibility when they report "facts."

Let us begin with "facts." More than a year ago, I struggled to formulate a workable definition for "facts." Everyone thinks they know what "facts" are. They think "facts" are "things that actually happened." But it is impossible to really know whether something "actually happened" if you were not there to perceive it. Everyone else must rely on second-hand reports to form an opinion about "what actually happened;" and that opinion may not reflect what "actually happened" at all. Facts intertwine with belief; a person calls something "a fact" as long as he subjectively believes it to be true, even if it is not. A person's belief, too, is a "fact." It is a "fact" to say: "John believes that Mary robbed her mother." It is not necessarily true that Mary robbed her mother. But if John believes it, John's belief about it is "a fact."

Viewing all human existence as a whole, most "facts" are incredibly banal. It is a "fact" that I just moved my eyelid and that I just pursed my lips: I perceived these "acts" through my visual and tactile senses, so they are facts. Facts are rarely newsworthy, and almost never "the stuff of history." Yet many people mistakenly believe that "facts" must be "official." Like the barista, they believe that something is not a "fact" unless some reputable source reports it. To use the barista's term, only certain sources can present "real facts," not plebeian sources like Wikipedia.

What is a "real fact?" How does a "real fact" differ from any other fact? After all, a "fact" is any event, act or condition that is objectively verifiable and perceptible by the human senses. Your own emotional state is a "fact" at this very moment. Whether you're wearing blue jeans right now is a "fact." These are "conditions" and "acts" perceptible by human sense. The New York Times will never report these "facts," but they are still facts. Anyone can recount facts. As human beings, we all can recount our sensory impressions through memory and language. Put simply, the power to recount facts does not require a reputable press pass or an advanced degree.

Facts do not distinguish. There are only "real facts" to the extent that another person chooses to believe them. Source is irrelevant to the inquiry whether something is a fact. Source is only relevant to the question whether a reported fact is credible or reliable.

But the barista confused theses issues in a deeply troubling way. He not only manifested a belief that certain sources were not reliable. He also revealed a belief that certain sources cannot even report "facts" at all. According to the barista's logic, only reputable sources dispense "real facts." Sources like Wikipedia do not. Yet this is pure nonsense. Wikipedia definitely reports "facts." It reports "acts, events and conditions that are objectively verifiable and perceptible by the human senses." True, its reports might contain inaccuracies and falsehoods. But that is a danger inherent in all reporting. And in the end, "facts" are not about "what actually happened," but rather about "what we are willing to believe." Both Wikipedia and the New York Times face the same "factual" dangers every day when they report on matters that occurred beyond their writers' own sensory range. Both Wikipedia and the New York Times ask their readers to believe their words to be facts, no more. In that sense, they are exactly the same.

It is dangerous to believe that only certain sources have the power to dispense "facts." When people believe that only certain "official" reports deserve credibility as "facts," they disempower themselves. They yield their power to judge the truth for themselves by conditioning their belief systems on "official sources." The barista's comment revealed this servile dynamic at work. He demeaned Wikipedia because "regular people" write it, not "official sources." As such, he refused to even believe that it reported a single "real fact," as if any fact were more real than another.

Worse, the barista tacitly acknowledged his inferior station in our society's truth-creating hierarchy. Our society perpetuates the notion that truth can only proceed from certain "official" sources, like news agencies, universities, government offices, courts, churches and science labs. While those sources might deserve credibility in particular circumstances, the ultimate decision whether to believe something is entirely individual. And when people do not do their own research by investigating as many sources as possible, they subject themselves to dominant power systems. They accept some reports as "fact" solely because they flow from some exalted source, not because they verified the reports themselves.

We all can perceive the outside world. We know facts because we perceive them. We can report what we know. When we are honest, we know our word is the truth, even if we are not an "official source." We might even write an article about our knowledge in Wikipedia or some other popular publication.

Yet according to the barista's logic, we do not deserve belief. More substantially, we are not even recounting "real facts," even if we saw them with our own eyes. Only "official sources" can dispense "real facts," not regular people. That is not just weak. That is outright capitulation.

I wish more people would understand that we all can report facts as long as we can perceive and communicate. All facts are "real" as long as we believe them. And we do not have to be news agencies to deserve belief.

A LITTLE ENCOURAGEMENT FROM NIETZSCHE

A REFLECTION

Sometimes I wonder what all my writing will lead to. I never intended to make a career from my writing. People tell me: "Go write a book." But then they say: "You need to have a story that people will like, etc., etc." In other words, to be a successful writer I need to stop wandering and get focused. If I want a bestseller, I need to Grishamize.

If you read my blog, you know I'm no John Grisham. I simply write what occurs to me. But my writing is thematically consistent. An identifiable core runs through everything I write here. I think it's possible to glean my life philosophy from the topics I choose to discuss. That might not be a recipe for bestselling commercial writing. But what have I ever cared about commerce? If anything, I recoil from it. I'm an Aristotelean in that regard: Philosophy and commerce just don't mix.

Still, it's a lonely road sometimes. I look at authors who achieve commercial success and wonder why no one ever notices me. Maybe I am just too weak or too preoccupied to promote myself. On the other hand, I know that most Americans really don't care about--or care to think about--the issues I typically address in my writing. So my commercial non-viability is really twofold: (1) I do not promote; and (2) My substance is largely unpalatable.

To be clear, I am not complaining. It is exciting to write only about things that stimulate me. For the longest time, I lived life without commenting on it. Commentary simmered in my mind all the time; work just never gave me a chance to write it all down. This blog has given me the chance I always craved. It has transformed me. So even if this blog does not pay me in U.S. dollars, it pays me in emotional satisfaction. If I die tomorrow, people would know who I am. My voice would not be lost. This blog is as much a testament as it is a forum.

I always find inspiration and encouragement when I need them most. Yesterday, I sat thinking about the fact that no one will ever read what I write, at least not in my lifetime. It frustrated me a little bit. I even thought about my philosophical archetype, Friedrich Nietzsche. Nietzsche never achieved commercial success in life, either. His books barely sold a thousand copies. When he was 45, he lost his mind and never recovered. He died young. I don't think I'm losing my mind yet, but I identify with what happened to Nietzsche: I am defiantly proud of the fact that I am anti-commercial; but it nonetheless hurts to know I will likely never receive wide recognition.

So I felt a little down yesterday. It was cold, gray, windy and rainy outside. I reflected on how poor I am. I can barely pay my rent. In fact, this month I can't even pay it at all. I need to budget out my money to buy food. Plus I need to care for Steve, who is incapacitated. It pretty much sucks. I still experience joy these days. But it only peeks through like tiny patches of blue sky on a very cloudy day.

I decided to crack open Nietzsche's Human, All-too Human. I paged through the aphorisms. I stumbled on this one: "121. A Vow--I do not want to read any more authors about whom people say: 'He set out to write a book.' Rather, I only want to read authors whose thoughts became a book by accident."

Is this me? It sure sounds like it. I just write my thoughts. I never set out to write a book. I simply allow myself to pour out impressions on things that fascinate me or incite me. There is consistency in my thoughts. But they do not reflect a conscious plan to "write a book" in the conventional sense. Could they "accidentally" become a book? Perhaps. As a whole, I like to think that this blog resembles a collection of Nietzschean impressions. Nietzsche's unconventional thoughts transformed into books. Perhaps mine can too.

That was encouraging. Without even trying, I fit into the category of "authors" whom Nietzsche might have wanted to read. I am not one of those authors who "set out to write a book." I do not sketch plots or try to cram my writing into a conventional format that people like. I am not John Grisham. John Grisham's thoughts do not become a book "by accident." No, when he sits down to write, he knows what book it's going in. He's just fleshing out the formula he laid down before he starting writing.

I'm glad I stumbled on Nietzsche's aphorism when I did. I was feeling low and worthless. I was losing hope. But after discovering that Nietzsche, too, faced similar struggles in his time, I felt encouraged to face mine. I felt freshly secure in my writing. It did not bother me that I am not a bestseller. Rather, I felt hope that perhaps one day--like Nietzsche--my thoughts would "accidentally" transform into a book. That thought brightened me, even if the "book" appears after I die. I do not really value my life too much anyway. I would rather have people remember my thoughts than my "too too solid flesh." As the Germans say: "Wer schreibt, der bleibt" : "He who writes remains."

I blog because it is the only way for me to publish without editorial control or commercial pressure. Nietzsche wrote longhand and hoarded his writings in his desk. He found a publisher who printed a few editions. I can publish over the internet, even if my audience is small. At least it's something. And I will continue. That is my vow.

COMMERCE VERSUS JUSTICE : A REAL LIFE EXAMPLE

A REFLECTION

It took me a while to name this blog. I wanted to make it memorable. At the same time, I wanted it to reflect my life philosophy. I didn't want to sound pretentious; rather, I wanted to alert the reader to the big questions that animate me. And I also wanted to hint that I am at heart a "satirical rogue." That's why I added "free beer" at the end.

I chose "Reason," "Commerce" and "Justice" because those subjects focus my critical energy. Everything I write in some way relates to those three concepts. No matter what style I choose, those concepts unite my work.

Reason interests me because it encapsulates the human capacity for thought. Reason allegedly separates human beings from other animals. I write about reason's limitations, as well as its less-than-reasonable corollaries: Emotions, reflections, memories, impressions. My fixation on language also involves "reasoned" analysis. No matter the specific subject, however, I cast a critical eye on reason. I do not praise it as an inexorable pathway to truth. Indeed, I maintain a healthy skepticism for reason. I am a qualified empiricist: Reason is just one tool to help me understand existence. But I certainly don't put all my money on it. Too much unreasonable stuff happens in life. In that light, putting full trust in reason is not only unadvisable; it's also really disappointing.

Commerce offers me plentiful material for both satire and commentary. I define myself against commerce. Its values repel me. I do not like promoting myself. I do not like circulating resumes or kissing ass in interviews. I don't like wearing little costumes and going to work for private employers. I also don't like unfairness, inequality and hypocrisy. Commerce is rife with all three. Commerce also interests me because it is all about instrumentalism; and that clashes with my steadfast respect for the individual. In commerce, people play roles to make money: Master, servant, employer, employee, officer, director, customer, client…the list goes on. In the process, they lose their humanity. They also tend to exploit one another for crass personal gain. Commerce is the stage upon which to showcase my ruthless cynicism. It allows me to ironically brandish my own colors while criticizing things I fundamentally don't like.

Moreover, commerce is the perfect context in which to explore the tension between flexibility and principle. I often write about principles and honor. Commerce weighs against both. And sadly, my satires take doubled strength from the unfortunate truth that most people live for commerce rather than honor. Just listen to the radio or watch television. You will see and hear a lot more commercial messages than honorable ones.

Finally, justice draws me because it represents something larger than commerce. Justice has obsessed philosophers for millennia. I am just continuing down the road. In my work, justice stands as something hopeful, something better than ourselves, something transcendent, something to achieve. Justice is that great, intuitive feeling that something is right, not wrong. I do not identify a source for it. It just "is." I am no theologian. But in my heart I know when a situation is just. And I know when a situation is unjust. Injustice reeks. It seems to revolt against nature.

Justice is about ideals. It is about striving for something more than mere convenience or comfort. In that light, I use justice to champion my zeal for principle, honor, equality and "better" things. I use it to underline the key distinction between subjectivity and objectivity, because justice is largely subjective and cannot be objectively measured.

I also use justice as a backdrop to criticize the law. My fascination with ethics relates to my suspicion toward law. Justice and ethics go hand in hand. Ethics clashes with law. Therefore, law and justice clash, too. If you've spent any time studying my writing, you will know that I have very little respect for the law. If anything, I relegate law to the "commercial" category. And that it is ultimate insult, because law claims to advance justice. I make a few exceptions in my criticism for law, especially in cases where the law protects individual rights and enforces principles that restrain commerce. But I castigate everything else. In fact, law in most cases does not serve justice at all. To the contrary, in most cases it serves commerce--my perpetual theoretical foe.

In essence, then, my writing boils down to a battle between justice and commerce. I even thought about renaming my blog "Commerce Versus Justice," because that dichotomy really dominates my arguments. Something is either "just" or "just commercial." No matter what subject I address, chances are good that it involves hopeful ideals and crass realities. I lament the crass realities and wish for the hopeful ideals. The hopeful ideals are "justice." The crass realities are "commerce." In the "real world," commerce usually wins. In my eyes, it is usually an "unjust victory." And that "injustice" provides me fuel for criticism, commentary and satire.

But I decided against renaming my blog. Although I consistently allude to the struggle between commerce and justice, I refuse to abandon my commitment to "reason." There is a significant self-exploratory element to my writing. I write about people, their motivations, thoughts, dreams, hopes, happiness, unhappiness and machinations. While these things often involve commerce, they also implicate reason. I need to retain my focus on "reason" in order to continue writing about human beings--myself included. That is why I am going to keep my original three-part title. Well, four-part when you drink the free beer.

I sketch my thoughts about my blog's title in order to provide background for an important story. After all, one of the reasons I opened this blog was to therapeutically resolve difficulties that began to arise in my mind around 2006. In 2006, three critical events occurred in my life: (1) I finished my legal education; (2) My father died; and (3) I rejected law practice on principle. In essence, my life expectations completely changed. For one, I began thinking about death more than I ever had before. Second, after spending three years submerged in legal study, I recognized that I had no place in legal practice. That forced me to reevaluate my life in a very basic way. Beginning in 2006, I started to understand the distinction between commerce and justice. And when my father died, I used my reason to reflect on life. My philosophical fixation on reason, commerce and justice had begun.

I was not a child anymore. I was suddenly an adult. And life was full of trouble. Wrenching, inscrutable trouble.

In 2007, my focus on reason, commerce and justice sharpened even more. As I have written in several other contexts over the years, 2007 was the year in which my life partner, Steve, suffered a life-altering accident. I have not gone into great detail about the event. Neither has Steve. Yet I am painfully aware of it because I lived through its aftermath. And in truth, Steve's story perfectly illustrates the tension between commerce and justice. In this sense, Steve's story cemented my theoretical focus with a real life example.

Late on August 1, 2007, Steve went to work out at an all-night gym in Chicago. Back in those days, we used to go our own ways. We stayed out late alone sometimes and it never mattered. I went to bed about midnight. At about 2:15 AM, I got a phone call from the Illinois Masonic Hospital. "Are you Steve's partner?" someone asked. Half-asleep, I replied: "Yes. What is it?" "Steve has been badly burned. He wants you to visit him." I could not really understand what that meant, but I was stunned. "I'll be right over," I think I said. Then I hung up. I sat on the edge of the bed for a minute or two thinking. Then I got up and pulled on my jeans. I had no idea what was in store.

I got to the emergency room about 3:00 AM. Steve was laying on a cot, incoherent, drenched in sweat. They had wrapped a huge bulky bandage on his right arm. I could see dark-red bloodstains on the upper part. It looked like his skin had peeled right off midshoulder. Steve managed to tell me that he had been burned in the gym's steam room. He said he had just walked in when suddenly a jet of steam burst from the wall and scorched his arm.

I did not really know what to make of his story at the time. He was delirious. He must have been in shock. He talked about our dog and his clothes. I stayed with him in the emergency room for about two hours while the hospital arranged a transfer to a burn center outside town. I dozed for a while on a folding chair. I remember when the emergency room staff wheeled him away and put him in the back of the ambulance. He was smiling. He said he would be fine. He told me to go home and get some sleep. He told me to meet him at the hospital the next day. Then they closed the ambulance doors. The ambulance rolled off into the brightening summer dawn.

I had a meeting with my law school dean later that morning. I think I wanted to talk to him about getting a job with a federal judge. I somehow managed to attend the meeting with a straight face. At the time, I thought Steve would be all right, so I don't think the meeting went badly. The dean told me he would "put a word in" for me with several judges. I was out within an hour. I immediately hopped in the car and went to visit Steve.

Steve was fine when I arrived. They had his arm suspended above him in a sling. The doctors said they were going to perform skin graft surgery on him at 9 AM the next day, August 3. I spent about 8 hours in Steve's hospital room, assuring him that everything would be all right. Steve was cheery that day. He was happy that I was at his side. I went home about 8 PM. At 9:30 PM, he called me and thanked me for being at the hospital during the day. I told him I wouldn't abandon him for the world. I also told him I would be there as soon as he came out of the recovery room after his surgery. He cried when I said that.

I went to bed that night confident that Steve would be fine. I thought they would just do the surgery, then he would be home in a week or so. I was tired, sure, but I did not think life would be much different after that day.

I got up on August 3 waiting for a phone call to let me know I could visit Steve after his surgery. At about 11:00 AM, I got a call from a nurse who told me the surgeon needed to speak with me. I figured the surgeon was just going to tell me that the surgery had gone well and I could visit. So I called the surgeon back. I didn't reach him. After two more tries, I did reach him. He told me to come to the hospital right away. That was all he said.

I was a little nervous at this point. I had never really spent much time around hospitals. I did not know the procedure for getting news about surgeries. I thought maybe the surgeon could only tell me details about the surgery in person, not on the phone. So I headed back over to the hospital. It was about a 40-minute drive. I remember George Benson's "Affirmation" was on the radio during the trip.

I made it to the hospital and parked my car. First I went to the gift shop. I bought Steve a "Get Well Soon" balloon and a teddy bear. Then, holding the balloon in one hand, I went to the main desk. I said I was here I visit Steve. The guard tapped the keyboard and said: "Burn ICU. Seventh floor."

Now I was getting more nervous: Why is he in the ICU? Why isn't he in the recovery room?

I followed the signs to the Burn ICU. I went through a few automatic double doors into a large room with a nurse's station in the middle. Patient rooms lined the walls in a big circle around the station. I asked one nurse: "I'm here to see Steve."

She pointed to a room on my left. It was full of doctors, nurses, interns, even executives in suits. I pushed my way in. Steve was unconscious on a bed, angled up. He was on a respirator. A thick silver tube stretched from the respirator into a hole punched through his throat. There were two tubes lined into his nostrils. More tubes funneled out from his arms. Wires were tacked on to his chest and legs. There must have been about twenty wires and tubes attached to his body. His mouth was wide open and his eyes were as if glued shut. His tongue was protruding from his mouth slightly and it looked completely parched. There was blood caked on the edges of his lips. Bleeping, whirring machines and monitors ringed his bed.

I let go of the balloon and covered my mouth with my hands. I left the room for minute to reflect on what I was seeing. At that moment, the anesthesiologist approached me and explained nervously that something went horribly wrong during the surgery. Apparently, Steve had a strong reaction to a particular anesthesia and it stopped his heart. He told me that he had jumped on top of Steve to perform CPR and that he finally got his pulse back after 53 seconds. After reviving him, they stabilized his blood pressure and rushed him to the ICU. He told me he was in an induced coma. They wanted to keep him motionless until they could place a stent in his heart. Apparently, his body had convulsed uncontrollably after his heart stopped.

I could not believe what I was hearing and seeing. Here was the man I had loved for seven years, reduced before me to a motionless vegetable. Here was the man who just two days before was strong, enterprising and courageous; and now he was on the verge of death. I felt utterly broken. I immediately thought about my father. Was I going to lose Steve, too, just a year later? What was this life? What was the point? Was I doomed to lose everyone I loved?

At that moment, I thought that Steve would die. At the very least, I thought he would never recover his brain function. The doctors were all very grave. They said: "We have no idea what will happen with him. But he did go without oxygen to the brain for over a minute." I just paced around the ICU all day. I made phone calls. Our best friend was flying in from New York that day. I took a break and picked him up at the airport. That was a good distraction; I needed support that day, and he gave it to me. We spent the rest of the day staring hopelessly at Steve on the respirator. We worried every time a machine made a noise. Finally, we left at about 8 PM.

Over the next two days, Steve was in critical condition. He could not open his eyes. I just sat at his side for hours at a time listening to the respirator and the other beeping machines that kept him alive.

On the third day, however, Steve suddenly opened his eyes. The paralytic had worn off. He looked around as if in a panic. Then he turned and saw me. His face glowed for an instant, then it crumpled into tears. He grabbed for my hand as the nurses struggled to keep all the tubes attached to his body. Tears streamed down my face. I clenched his hand and told him everything would be all right. I tried to explain what had happened, but it was obvious he could not comprehend what was wrong. He could not speak. He could mouth words, but the tracheal tube blocked his throat. Still, as pitiful as he appeared that day, I knew he would survive. It was a huge relief.

Ultimately, Steve stayed 33 more days in the hospital. I was there every day from morning to night. He got the stent he needed in his heart. He underwent three more skin graft surgeries to repair the arm. They had to shear skin off his thighs to replant it on his arm. At one point, the graft did not take; so they had to put cadaver skin on his arm as a "bedding." Toward the end of his stay, they took out the tracheal tube and he could speak again. His voice had changed and he lisped, but he could speak. There had been no brain damage. He was handicapped and slower, but he had survived. He went home September 5, 2007. The hospital bill came to something around $2,000,000.

In the months that followed, Steve pursued a legal case against the gym that caused his injuries. We hired a law firm to investigate and prosecute the claim. As a former trial lawyer, the case seemed a winner to me. There was nothing wrong with his arm before he went into the steam room on August 2. When he came out, he was permanently injured. His "special damages" amounted to at least $2,000,000, not to mention the "loss of a normal life," "disfigurement," "pain and suffering" and "mental anguish." There was no quarrel that the gym's facilities caused these injuries and Steve had no control over those facilities. Based on my experience, I estimated Steve's case at around $7,000,000.

Despite these compelling facts, the case went poorly. For its part, the gym denied it had done anything wrong. It actually came forward with some questionable "incident reports" that said that Steve "laid down in front of the steam vent" and "caused his own injury." The gym manager--who was not there on August 2--claimed that Steve must have "passed out in the steam room," then fallen in front of the vent for a long time. Yet the medical records all corroborated Steve's story. And the emergency responders who took him from the gym said nothing about "fainting" or "falling." They did not treat him as they would have treated someone who had just fainted. Steve's surgeon even said there was no evidence of a fall.

Still, our lawyers found the gym's self-serving reports troublesome. For some reason, they thought that if the gym's story were true, then Steve could not win the case. Yet Steve always told the same story about how he was injured: He walked into the steam room and a jet of steam suddenly burst from the wall. The gym did not provide warnings anywhere about steam vents. It was a very big steam room with several blind corners and crannies. I had been in it myself and often found it difficult to determine where steam was coming from. That is why it did not surprise me when Steve said the steam took him by surprise.

And no matter what story people believed, the logic of the case seemed obvious to me: You shouldn't allow access to something on your property that can cause an injury as bad as Steve's. It's almost like letting a wild animal loose in your house during a dinner party.

But our lawyers did not see it that way. They said they could never sell Steve's story to a jury. They said they could not convince people that steam could emanate from the wall when the pictures showed the vents were only at ankle level. They did not acknowledge the fact, however, that they took the pictures almost a year after the event. Who knows what "improvements" the gym had made in the intervening time.

Yet all these rationalizations took a back seat to an even more compelling problem for our lawyers: They discovered that the gym did not have any liability insurance. Liability insurance means that an insurance company pays if someone gets injured on your land. If you don't have liability insurance, an injured person can go directly after your assets. But if you have no assets--or if the assets are insufficient to cover the injury--it makes little sense for an injured person to pursue you. After all, it takes years to win a judgment, let alone collect on one. Insurance companies shorten the time needed to get money from an accident. Without insurance, most injury lawyers don't waste their time on cases, even if they are meritorious. After all, they don't get paid until they win. If they spend 5 years working a case, then discover no pot of gold at the end of the rainbow, they will have wasted 5 years for nothing. That is a terrifying prospect for a lawyer trying to pay his rent.

So our lawyers fired us. They never said that the gym's insurance situation was the reason they turned us away. But it was obvious to me. The gym got away scot-free because it strategically decided not to buy liability insurance. The gym knew that no personal injury lawyer would waste his time pursuing an entity without insurance, so it just did not buy insurance. In essence, it insured itself against lawsuits by refusing to insure. It understood that civil litigation is a time-consuming, expensive business. So it correctly guessed that most lawyers would avoid a case that does not promise a quick insurance payout.

In short, the gym acted in a commercially prudent manner. It minimized its liabilities. It saved money.

But Steve suffered injustice for it. Steve's life changed because of the gym's conduct. It offered its facilities to the public for a fee. Those facilities nearly killed Steve and gutted his entire existence, not to mention mine. And due to the gym's strategic failure to buy liability insurance, Steve will not even receive the psychic satisfaction that the law avenged the hurt he endured. Put simply, Steve did not get justice. The law failed him.

Or did it? Steve's case confirms me that the law does not serve justice. If it did, lawyers would have flocked to represent him. Yet none did. From an intuitive perspective, Steve suffered a gross injustice due to another's negligence. No one should ever have to endure such clear wrongs in life.

But the lawyers did not flock to his aid because justice does not motivate them. Avenging injustice, after all, does not necessarily pay the bills. Paying the bills is a quintessentially commercial function. And lawyers did not take Steve's case because they could not assure themselves that it would be "worth the investment." It did not matter that he suffered injustice. Rather, his case was not "commercially viable" because the gym did not have insurance.

In Steve's case, commerce won out over justice. That's a lesson in law for you.

I have no more illusions about the law. It is a business like any other. If a case doesn’t promise a quick profit, no lawyer will take it, even if a person has suffered obvious injustice.

DEAD FOR A GYM BAG AND SOME DEODORANT

OESTERHOUDT STRIKES

Two days ago, a Manhattan lawyer dropped her gym bag onto subway tracks on the Upper East Side. She leaped down to fetch it. She had difficulty getting back onto the platform, then she panicked as a train came rushing into the station. Horrified witnesses froze. Some told her to lay between the rails so the train would pass over her. Most said nothing and just watched. The lawyer tried to press herself against the platform wall so the train would pass her. It didn't; the train squashed her.

Later, officials reported that the gym bag contained keys, a cellphone, gym clothes and some deodorant. See N.Y. Post, Panic on tracks doomed subway victim, March 13, 2010 at p. 5. It did not contain priceless diamonds or even confidential client files. There was absolutely no need to risk life to save it.

I recount this sad story because it represents yet another occasion on which my writing has foretold true events. Just last month, I penned a satire called "Some People are More Valuable Than Things They Drop on the Tracks." See http://reasoncommercejustice.blogspot.com/2010/02/some-people-are-more-valuable-than_01.html. In that piece, I analyzed the New York Transit System's admonishment never to chase dropped property onto subway tracks. I used satire to show that our society places disproportionate weight on property over human life. At the same time, I made my own perspective clear: That it is grotesque to assign monetary value to individual lives. Still, my own sarcasm now seems eerily macabre in light of this new incident: "Further, I understand that some customers might disregard their own safety if they drop something onto the tracks, such as an iPod or other relatively expensive object;" and "The bottom line is: Property is worth more than individual human beings."

I was trying to elicit uncomfortable laughter when I wrote those words. Anyone with a shred of compassion understands that property is petty compared to human life. Yet at the same time, it is incontestable that property wields immense influence over both our society and individual perspectives. All too often, property seems to mean more than life itself. My satire reflected on that sad truth. It dared to suggest that life was more important. Privately, I held out hope that people would respect their lives more than their property.

But my hopes fell on deaf ears. The Post story shows just how much property means to people, even in very small amounts. Here was a woman with a career--and ostensibly, something to live for--who disregarded her life to save some deodorant and gym clothes. Her property was more important to her than her existence. So she jumped after it, even as a train raced toward her. At that moment, she thought herself less valuable than her gym bag.

Perhaps there are alternative explanations. I can think of several. For starters, the Post article recounts that the victim was a "lawyer" who--according to neighbors--used to wander hallways and elevators in her apartment building "muttering to herself in a strange way." See N.Y. Post, Panic on tracks doomed subway victim, March 13, 2010 at p. 5. One neighbor even said she looked "distressed" and that she was "not 100 percent there."

Many functioning lawyers have latent mental problems. When I practiced law, I knew many "well-respected" attorneys who muttered to themselves in elevators, sighed loudly, grumbled in abject frustration and habitually balled their fists from stress. It is not an easy job. "Getting results" in court is not an exact science; in fact, it is not a science at all. There are no sure things in law practice. Lawyers live with biting uncertainty and deadlines every day. They live on a razor's edge; and they are surrounded by striving, ambitious, ruthless people at every turn. They make their living battling contentious people for money. It is an extraordinarily negative enterprise. Their success depends on chance as much as preparation. Everyone wants something from them: Clients, bosses, judges. Everyone wants results now and no one wants to wait. There is never enough time; and there is always something else to do. They live under the clock; and the clock does not forgive. In fact, no one forgives. It is a fretful, ulcerous existence. That is why it is no wonder that lawyers fall into alcoholism, drug abuse and mental illness at a far greater rate than the general population.

Lawyers on schedules are dangerously unpredictable creatures. You don't want to get in their way; they might do something impulsive. When they have somewhere to be, they get there at all costs, even if it means taking absurd chances with their own lives. I own recalled my uncomfortable days in law practice when I read the Post article. I remembered what stressed-out lawyers are like. My memories helped me understand why this poor woman jumped on the tracks: She was in a hurry; she was trying to squeeze in the gym during her busy day; she did not want to wait for help to get her bag because that would throw off her schedule; if she got behind schedule, she would have to make unpleasant phone calls to disappointed superiors; she wanted to get home before 9 PM; if she waited for help to get her bag, she would never finish her day; and she really wanted to finish her day on time.

On an impulse, she jumped onto the tracks. She did not want to wait. She did not want to make those phone calls. She did not want to fall behind schedule. So she took matters into her own hands and died for deodorant.

I am glad I don't practice law anymore. And no matter how much my satires presage reality, it really saddens me when they do. I am not proud of it.

In the end, it's hard to exaggerate anything to satirical effect. Reality always sees your bet, no matter how high you make it.

CONTRACTS OR CONSCIENCE? AN ETHICAL DILEMMA

AN ESSAY

During my first year in law school, I struggled to learn the endless verbal formulas and doctrines that apparently made the law a flawless machine. I did not have time to reflect on the law's theoretical weaknesses or its cynical role in maintaining power structures in our society. No, I was more worried about learning all the recipe-like elements for particular torts, contract defenses and crimes. I spent my time memorizing lists and hoping I would remember them for the exam.

It was a stressful time for me. It probably did not need to be, but I made it so. It likely had something to do with all the other stressed-out, high-striving, perspiring people around me. Put yourself in a room full of panicked people and chances are you'll soon feel panicked, too.

Despite all the stress and anxiety, however, I remember certain moments with great clarity. Now that several years have passed since law school, I understand these moments in a new way. At the outset I must confess that--in hindsight--I was never really law school material. I might have studied it well; but it was difficult for me--and almost unnatural--to suspend my creative powers for three long years. True, I always retained my satirical mistrust for power. But in law school, I had to suppress my bitter urge to laugh for long enough to get through the rigid curriculum.

I'm glad I managed it then, because there's no way I could have managed it today. I've returned to Nietzsche. I have reverted to my nature. I am--to use a Shakespearean phrase--a "satirical rogue." Yes, an analytical satirical rogue to be sure; but a rogue nonetheless. I have trouble taking anything too seriously, especially so-called "authorities." I have a socially-dangerous ability to see through pretense and to sniff out unfairness. I am not very discreet either. I call spades spades. I don't even whisper. I listen to my conscience and I speak my mind. These are not admirable characteristics for those who wish to make partner at a law firm.

Having returned to my natural habitat over the last few years, I now analyze my law school memories in a way that affirms my identity. Here's a good example: I was sitting in our first-year contracts class. Our professor had stumped everyone. It was some hypothetical problem about some guy who made a promise to another then broke it. The question was whether the aggrieved person could sue the other for breach of contract. The professor asked what legal rule justified recovery in the case. Several uneasy moments passed. About 90 twentysomethings sat there staring at their laptops in an effort not to be noticed.

Finally, I raised my hand and said: "Well, he made a promise and broke it." The professor sneered at my response. I will never forget the look on her face. Then she said: "So what if you break your promise? What does that have to do with anything."

At the time, I did not think too much about the professor's response. I was too worried about memorizing legal recipes. But over time, I have come to see this moment as a perfect illustration for the proposition that law and ethics virtually exclude each other. And I have also come to see this moment as an expression of my own character. It should have alerted me that I was ethically uneasy with the law. After all, in my heart I care whether I tell the truth. If I make a promise, my heart hurts if I break it. Yet my heart does not concern the law. The law deals only in extrinsic indicia, not ethical worries. The law is about empirically observable factors, not the pangs of conscience. When I raised my hand in that class, I showed my nature: At that early time in my law school career, I thought the law and ethics overlapped. I could not have known at the time that they do not.

From an ethical perspective, a promise is a promise. You fulfill it because it is the "right thing to do." You do not hem, haw, qualify, vacillate or renege. You do what you say because it bothers your heart if you do not. If you have a conscience, it hurts to break a promise. Then again, if you are unethical, it does not bother you to break a promise. Your heart does not torture you for the decision. You just move on; you break your word as necessary to suit present circumstances. That may be realpolitik. It may even be legal. But it is not ethical. Ethics is internal; it is about the heart and intuitive feelings. By contrast, law is external; it has nothing to do with the heart. Detective Alonzo, Denzel Washington's unscrupulously corrupt (and successful) character in Training Day (2001), put the distinction best when he told his ethically troubled partner: "It ain't what you know. It's what you can prove."

In ethics, you know. In the law, you prove.

From a legal perspective, there are mere promises and there are contracts. Contrary to popular belief, contracts are not necessarily imposing-looking official documents that you sign. You can assent to a contract without ever seeing a paper. Rather, contracts are legally-enforceable promises, whether written or not. To make a promise legally enforceable, it must meet certain objective elements. A "promise in the wind" might trigger an ethical responsibility to honor it. But unless the promise meets technical legal elements, you cannot go to court to force the other guy to honor his word.

Contracts serve commerce. They support our economic system. They give assurance to business people that others will adhere to their promises. As such, the law only enforces promises that arise in "bargained-for exchange." The law calls this "consideration." In theory, this means that both sides haggle over a deal. Each side benefits and suffers detriment in equal measure. One party parts with money. That is detriment. The other party gains the money. That is benefit. But to get the money, one party must do something. That is detriment. The other party receives something desirable from the activity. That is benefit.

This is what makes a promise enforceable at law: Bargaining. Exchange. Haggling. Negotiation. Dickering. It is commercial. It is not gratuitous. In fact, gifts are not contracts. Quite the contrary: If only one party in a transaction receives benefit without a bargain, there is no contract. A kid can't sue his father if his father simply tells him he'll buy him an Xbox, then he breaks his word.

I mention all this to show that contracts are strictly technical. As such, the heart plays no part in their formation or performance. Put another way, ethics exerts no influence on contracts, even if it exerts influence on individuals who make promises. In fact, sometimes it makes more economic sense to break a contract than to keep performing it. For example, if a farmer promises to sell corn to a wholesaler at $1 a pound for a year, but then the price of corn suddenly rises to $10 a pound, it makes more sense to break the contract than keep performing it at a loss. After all, the law only provides a remedy for the contract price. In this case, the farmer could easily break the promise to sell for $1, pay the wholesaler $1 damages, then sell his corn at $10 a pound for a huge profit.

It might be unethical to break promises, but in circumstances like these, money talks and ethics walks. From the law's perspective, it makes more sense to break a promise than continue performing at a loss. The law actually encourages this unethical result. This demonstrates once again that contracts exist to support our free market economic system, not ethical imperatives.

In our free market economic system, people want to profit from their bargains. If they make a deal, they want their money. Contracts provide them with a weapon to either force compliance with the bargain or force the bad party to pay the expected profit. That is why contracts exist: To ensure that commercial men make their profits. They protect expectations. And contract law is completely indifferent to ethical considerations if they cut against those expectations.

Despite the law's requirements, sometimes ethical considerations wield very strong influence on individual people. And sometimes the imperative to tell the truth is not the only ethical conundrum that intervenes to interrupt a contract.

In the movie, Ray (2004), for example, Ray Charles makes a contract to play several concerts in racially segregated Georgia during the early 1960s. While he leads his band into a concert hall, protestors clamor that he is ethically wrong to support an unjust social custom. At first, Ray says that he has a contract with the promoters to do the show. But then he stops and thinks. Finally, he says: "No, no, they're right. Everybody get back on the bus. We're not doing any more shows at segregated venues." The promoter gets furious and says: "You have a contract to do these shows! I'll sue your black ass for this, Ray, and I'll win!"

Ray had profound ethical qualms about performing a contract that indirectly supported racial segregation. His conscience compelled him to refuse to perform it. But from a legal perspective, the promoter was right: He would win the case against Ray. Contract law cares nothing for ethics; if you make an enforceable contract and you refuse to perform it, it is no excuse to say: "I had an ethical problem with the subject matter." As admirable as that sentiment may be, it would not save you from paying full damages to the other party in a contract case. In this light, contract law once again supports commercial expectations, not ethical imperatives. It even supports commercial expectations when those commercial expectations perpetuate fundamental injustice. As long as there is a bargained-for exchange, the show must go on. Ethics is no excuse.

In hindsight, Ray could have avoided the problem altogether if he had raised his ethical objection prior to making the contract. Ethics can dissuade a person from entering into bargains that implicate ethical problems. But once made, ethics cannot excuse performance.

Still, this is hypertechnical rubbish. Conscience does not always materialize on cue. Sometimes our ethical sensibilities only awake once a contract begins. Perhaps it is not possible to foresee ethical difficulties in a contract until after we strike the deal. Yet the law does not see it that way. Once you make a deal, you are stuck with it, no matter what your conscience says about it. You might be able to shed your obligations by pleading some other, legal, defense. But neither ethics nor conscience is on the list of acceptable legal defenses.

And why should they be? Contracts are about commercial expectations. What does conscience have to do with those? The most successful commercial men easily escape all these issues by adopting a simple tactic: Just don't have a conscience.

Without a conscience, life is easy. You just follow the rules in the contract and go with the flow.