Wednesday, January 31, 2024

Lex Anteinternet: Mid Week At Work: Endings.

Lex Anteinternet: Mid Week At Work: Endings.

Mid Week At Work: Endings.


I posted this the other day:

Sigh . . .

And depicted with a horse too. . . 

Kroger retires after 35 years of service 

Bart KrogerCODY - Worland Wildlife Biologist Bart Kroger retired last month, bringing his 35-year career with the Wyoming Game and Fish Department to a close. 

“Bart has been referred to as the ‘core of the agency’, meaning through his dedication and continuous hard work, he has significantly and meaningfully impacted wildlife management within his district and throughout the state,” said Corey Class, Cody region wildlife management coordinator. “Throughout his career, he has been a solid, steady and dependable wildlife biologist, providing a foundation for wildlife conservation and management in the Bighorn Basin.”

Through his quiet and thoughtful approach, Bart has gained the respect of both his peers and the public. Bart is best known for his commitment to spending time in the field gaining first-hand knowledge of the wildlife and the habitat that supports them, as well as the people he serves in his district. 

 Found this old draft the other day

RETIREMENT ELIGIBILITY

Vesting Requirements

After obtaining 72 months of service, you are eligible to elect a monthly benefit at

retirement age. The 72 months of service do not have to be consecutive months.

Retirement Eligibility

You are eligible for retirement when you reach age 50 and are vested. There is no

early retirement under this plan. You must begin drawing your benefit no later than

age 65.

Which means, as a practical matter, if you are to draw retirement as a Wyoming Game Warden, you need to take the job no later than the beginning of your 59th year.

Of course, if you started at age 59, you wouldn't be drawing much, if anything.

That doesn't mean, of course, that you couldn't be hired after age 59.  You'd just draw no retirement.

The actual statute on this matter states the following, as we noted in a prior thread, from 2023, quoted below:

2. Wyoming Game Wardens were once required to retire at age 55, but a lawsuit some decades ago overturned that. It, in turn, was later overruled, but by that time the state had changed the system. Since that time, it's set it again statutorily, with the age now being 65 by law.  There aren't, therefore, any 67-year-old game wardens.

Statutorily, the current law provides:

9-3-607. Age of retirement.

(a) Any employee with six (6) or more years of service to his credit is eligible to receive a retirement allowance under this article when he attains age fifty (50).

(b) Effective July 1, 1998, any employee retiring after July 1, 1998, with twenty-five (25) or more years of service may elect to retire and receive a benefit upon attaining age fifty (50) as described in W.S. 9-3-610.

(c) Repealed by Laws 1993, ch. 120, §§ 1, 2.

(d) Any employee in service who has attained age sixty-five (65), shall be retired not later than the last day of the calendar month in which his 65th birthday occurs. 

Age limitations of this type are tied to physical fitness.  But what about mental fitness?  As mentioned here before, Gen. Marshall forcibly retired most serving U.S. Army generals, or at least sidelined them, who were over 50 years of age during World War Two, and that had to do with their thinking.  We now allow judges to remain on the bench until they are 70.  Would 60 make more sense?  And can the same argument be made for lawyers, who are officers of the court?

This differs, I'd note, significantly from the Federal Government.  The cutoff there is age 37.  That's it.

Have a wildlife management degree?  Spend the last few years in some other state agency?  Win the Congressional Medal of Honor for single handled defeating the Boko Haram?  38 years old now? Well, too bloody bad for you.

Anyhow, I guess this says something about the American concept that age is just a number and the hands of the clock don't really move.

They do.


On a somewhat contrary note, I was in something this week when a 70-year-old man indicated he might retire in order to take a job as a commercial airline pilot.

He's never been employed in that capacity, but he's had the license for 50 years.  It wouldn't be carrying people for United or something, but in some other commercial capacity.  

He's always wanted to do it, and has an offer.

Well, more power to him.

I did a lot of what this lawyer is doing here, when first practicing, in front of barrister cases just like this.  No young lawyer does that now.

I spoke to a lawyer I've known the entire time I've been practicing law, almost. He's four years younger than me, which would make him 56 or so.  He's worked his entire career in general civil, in a small and often distressed town, in a firm founded by his parents.  When I was first practicing, it was pretty vibrant.

Now he's the only one left.

He's retiring this spring.  This was motivated by his single employee's decision to retire.

I was really surprised, in part due to his age.  I'm glad that he can retire, but it was a bit depressing.  We're witnessing, in Wyoming, the death of the small town civil firm.  Everything is gravitating to the larger cities, and frankly in the larger cities, they're in competition with the big cities in Colorado and Utah.  That's insured a bill in the legislature to try to recruit lawyers to rural areas.*

It's not going to work.

The problem has been, for some time, that it's impossible to recruit young lawyers to small rural areas.  The economics don't allow for it.  The economics don't allow for it, in part, as the Wyoming Supreme Court forced the Uniform Bar Exam down on the Board of Law Examiners, and that resulted in opening the doors to Denver and Salt Lake lawyers.  It's been something the small firms have been competing against ever since.

And not only that, but some sort of demographic change has operated to just keep younger lawyers out of smaller places, and frankly to cause them to opt for easier paths than civil law in general.  I know older lawyers that came from the larger cities in the state, and set up small town practices when they were young, as that's where the jobs were and having a job was what they needed to have.  I've even known lawyers who went to UW who moved here from somewhere else who took that path, relocating from big Eastern or Midwestern cities to do so.

No longer.  Younger lawyers don't do that.

Quite a few don't stick with civil practice at all.  They leave for government work, where the work hours are regular, and the paycheck isn't dependent on billable hours.   And recently, though we are not supposed to note it, young women attorneys reflect a new outlook in which a lot of them bail out of practice or greatly reduce their work hours after just a few years in, a desire to have a more regular domestic life being part of that.

I guess people can't be blamed for that, but we can, as a state, be blamed for being shortsighted.  Adopting the UBE was shortsighted.  Sticking with it has been inexcusable.  I'm not the only one who has said so, and frankly not the only one who probably paid a price for doing so.  The reaction to voices crying in the wilderness is often to close the windows so you don't have to hear them.  Rumor had it, which I've never seen verified and have heard expressly denied by a person within the law school administration, that it was done in order to aid the law school, under the theory that it would make UW law degrees transportable, which had pretty much the practical effect on the local law as Commodore Matthew Perry opening up trade with Japan.

Wyoming Board of Law Examiners bringing in the UBE.

The lawyer in this case is worried, as he has no hobbies and doesn't know what he'll do with himself.  I'm surprised how often this concern is expressed.  To only have the law, or any work, is sad.  But a court reporter, about my age, expressed the same concern to me the other day.

Court reporting has really taken a beating in this state, more so than lawyers.  When I was first practicing, every community had court reporters.  Now there are hardly any left at all.  Huge firms are down to just a handful of people, and people just aren't coming into the occupation.  It's a real concern to lawyers.

It's always looked like an interesting job to me, having all the diversity of being a lawyer, with seemingly a lot less stress.  But having never done it, perhaps I'm wildly in error.  We really don't know what other people's jobs are like unless we've done them.

A lawyer I know just died by his own hand.

I met him when he took over for a very long time Wyoming trial attorney upon that attorney's death.

The attorney he took over for had died when he went in his backyard and put a rifle bullet through his brain.  He was a well known attorney, and we could tell something wasn't quite right with him.  Just the day prior, he called me and asked for an extension on something.  I'd already given two.  I paused, and then, against my better judgment, said, "well. . . okay".  

I'd known him too long to say no.

He was clearing his schedule.  If I had said no, I feel, he wouldn't have done it, and he'd be alive today.

The new attorney came in and was sort of like a goofy force of nature.  Hard to describe.  A huge man, probably in his 40s at the time, but very childlike.  He talked and talked. Depositions would be extended due to long meandering conversational interjections, as I learned in that case and then a very serious subsequent one.

He was hugely proud of having been a member of a legendary local plaintiff's firm.  That didn't really matter much to me then, and it still doesn't.  My family has always had an odd reaction to the supposedly honorific.  My father never bothered to collect his National Defense Service Medal for serving during the Korean War, I didn't bother to get my Reserve Overseas Training Ribbon, or my South Korean award for Operation Team Spirit, I don't have my law school diploma's anymore. . . It's not that they aren't honors, it's just, well, oh well.  We tend to value other things, which in some ways sets standards that are highers than others, and very difficult to personally meet.

Anyhow, the guy was very friendly and told me details of his life, not all of which were true.  He was raised by his grandmother, his grandmother had somehow encouraged him to go to law school,  Both true.

He was from Utah and grown up there, but consistently denied being a Mormon.  His wife was Mormon, he said.  He was an Episcopalian.  As I'm very reserved, I'm not really going to talk religion with somebody I only casually and professionally know, as opposed to one of my very extroverted and devout partners who will bring it up at the drop of a hat, and his religious confession didn't particularly matter to me, given the light nature of our relationship.  As it turns out, and as I suspected, that wasn't even remotely true.  He was and always had been a Mormon.  Why did he lie about that?  No idea.

I suppose this is some sort of warning here, maybe.

The first lawyer noted in this part of this entry had suffered something hugely traumatic early in his life and never really got over it. Some people roll with the punches on traumas and some do not.  We hear about combat veterans all the time who live with the horrors they experienced, and which break them down, all the time, but I've known a couple who didn't have that sort of reaction at all, and who could coolly relate their combat experiences.  Others can't get over something that happened to them, ever.

With the second lawyers, there were some oddities, one being that he jumped from firm to firm, and to solo, and back and forth, all the time. That's unusual.  Another was that he seemed to have pinned his whole identify on being a lawyer.  It's one thing, like the retiring fellow above, to have worked it your whole life and have nothing else to do, it's quite another to have that make up everything you are.  He'd drunk deeply of the plaintiff's lawyer propaganda about helping the little guy and all that crap, and didn't really realize that litigators often hurt people as often as they help them, or do both at the same time.  Maybe the veil had come off.  Maybe he should never have been a lawyer in the first place.  Maybe it was organic and had nothing to do with any of this.

Well, the moral of this story, or morals, if there are any, would be this.  You don't have endless time to do anything, 70-year-old commercial airline pilots aside. You probably don't know what it's like to do something unless you've actually done it, but you can investigate it and learn as much as possible.  The UBE, which the Wyoming Supreme Court was complicit in adopting, is killing the small  town civil lawyer and only abrogating it, or its successor, and restoring the prior system can address that.   The entire whaling for justice plaintiff's lawyer ethos is pretty much crap.  And, finally, you had some sort of identify before you took up your occupation.  Unless that identity was what you became, before you became it, don't let the occupation become it.  It may be shallower than you think.

Footnotes:

The bill:

SENATE FILE NO. SF0033

Wyoming rural attorney recruitment program.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to attorneys-at-law; establishing the rural attorney recruitment pilot program; specifying eligibility requirements for counties and attorneys to participate in the program; specifying administration, oversight and payment obligations for the program; requiring reports; providing a sunset date for the program; authorizing the adoption of rules, policies and procedures; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 33‑5‑201 through 33‑5‑203 are created to read:

ARTICLE 2

RURAL ATTORNEY RECRUITMENT PROGRAM

33‑5‑201.  Rural attorney recruitment program established; findings; program requirements; county qualifications; annual reports.

(a)  In light of the shortage of attorneys practicing law in rural Wyoming counties, the legislature finds that the establishment of a rural attorney recruitment program constitutes a valid public purpose, of primary benefit to the citizens of the state of Wyoming.

(b)  The Wyoming state bar may establish a rural attorney recruitment program to assist rural Wyoming counties in recruiting attorneys to practice law in those counties.

(c)  Each county eligible under this subsection may apply to the Wyoming state bar to participate in the program. A county is eligible to participate in the program if the county:

(i)  Has a population of not greater than twenty‑five thousand (25,000);

(ii)  Has an average of not greater than one and one‑half (1.5) qualified attorneys in the county for every one thousand (1,000) residents. As used in this paragraph, "qualified attorney" means an attorney who provides legal services to private citizens on a fee basis for an average of not less than twenty (20) hours per week. "Qualified attorney" shall not include an attorney who is a full‑time judge, prosecutor, public defender, judicial clerk, in‑house counsel, trust officer and any licensed attorney who is in retired status or who is not engaged in the practice of law;

(iii)  Agrees to provide the county share of the incentive payment required under this article;

(iv)  Is determined to be eligible to participate in the program by the Wyoming state bar.

(d)  Before determining a county's eligibility, the Wyoming state bar shall conduct an assessment to evaluate the county's need for an attorney and the county's ability to sustain and support an attorney. The Wyoming state bar shall maintain a list of counties that have been assessed and are eligible to participate in the program under this article. The Wyoming state bar may revise any county assessment or conduct a new assessment as the Wyoming State bar deems necessary to reflect any change in a county's eligibility.

(e)  In selecting eligible counties to participate in the program, the Wyoming state bar shall consider:

(i)  The county's demographics;

(ii)  The number of attorneys in the county and the number of attorneys projected to be practicing in the county over the next five (5) years;

(iii)  Any recommendations from the district judges and circuit judges of the county;

(iv)  The county's economic development programs;

(v)  The county's geographical location relative to other counties participating in the program;

(vi)  An evaluation of any attorney or applicant for admission to the state bar seeking to practice in the county as a program participant, including the attorney's or applicant's previous or existing ties to the county;

(vii)  Any prior participation of the county in the program;

(viii)  Any other factor that the Wyoming state bar deems necessary.

(f)  A participating eligible county may enter into agreements to assist the county in meeting the county's obligations for participating in the program.

(g)  Not later than October 1, 2024 and each October 1 thereafter that the program is in effect, the Wyoming state bar shall submit an annual report to the joint judiciary interim committee on the activities of the program. Each report shall include information on the number of attorneys and counties participating in the program, the amount of incentive payments made to attorneys under the program, the general status of the program and any recommendations for continuing, modifying or ending the program.

33‑5‑202.  Rural attorney recruitment program; attorney requirements; incentive payments; termination of program.

(a)  Except as otherwise provided in this subsection, any attorney licensed to practice law in Wyoming or an applicant for admission to the Wyoming state bar may apply to the Wyoming state bar to participate in the rural attorney recruitment program established under this article. No attorney or applicant shall participate in the program if the attorney or applicant has previously participated in the program or has previously participated in any other state or federal scholarship, loan repayment or tuition reimbursement program that obligated the attorney to provide legal services in an underserved area.

(b)  Not more than five (5) attorneys shall participate in the program established under this article at any one (1) time.

(c)  Subject to available funding and as consideration for providing legal services in an eligible county, each attorney approved by the Wyoming state bar to participate in the program shall be entitled to receive an incentive payment in five (5) equal annual installments. Each annual incentive payment shall be paid on or after July 1 of each year. Each annual incentive payment shall be in an amount equal to ninety percent (90%) of the University of Wyoming college of law resident tuition for thirty (30) credit hours and annual fees as of July 1, 2024.

(d)  Subject to available funding, the supreme court shall make each incentive payment to the participating attorney. The Wyoming state bar and each participating county shall remit its share of the incentive payment to the supreme court in a manner and by a date specified by the supreme court. The Wyoming state bar shall certify to the supreme court that a participating attorney has completed all annual program requirements and that the participating attorney is entitled to the incentive payment for the applicable year. The responsibility for incentive payments under this section shall be as follows:

(i)  Fifty percent (50%) of the incentive payments shall be from funds appropriated to the supreme court;

(ii)  Thirty‑five percent (35%) of the incentive payments shall be provided by each county paying for attorneys participating in the program in the county;

(iii)  Fifteen percent (15%) of the incentive payments shall be provided by the Wyoming state bar from nonstate funds.

(e)  Subject to available funding for the program, each attorney participating in the program shall enter into an agreement with the supreme court, the participating county and the Wyoming state bar that obligates the attorney to practice law full‑time in the participating county for not less than five (5) years. As part of the agreement required under this subsection, each participating attorney shall agree to reside in the participating county for the period in which the attorney practices law in the participating county under the program. No agreement shall be effective until it is filed with and approved by the Wyoming state bar.

(f)  Any attorney who receives an incentive payment under this article and subsequently breaches the agreement entered into under subsection (e) of this section shall repay all funds received under this article pursuant to terms and conditions established by the supreme court. Failure to repay funds as required by this subsection shall subject the attorney to license suspension.

(g)  The Wyoming state bar may promulgate any policies or procedures necessary to implement this article.  The supreme court may promulgate any rules necessary to implement this article.

(h)  The program established under this article shall cease on June 30, 2029, provided that attorneys participating in the program as of June 30, 2029 shall complete their obligation and receive payments as authorized by this article.

33‑5‑203.  Sunset.

(a)  W.S. 33‑5‑201 and 33‑5‑202 are repealed effective July 1, 2029.

(b)  Notwithstanding subsection (a) of this section, attorneys participating in the rural attorney pilot program authorized in W.S. 33‑5‑201 and 33‑5‑202 shall complete the requirements of the program and shall be entitled to the authorized payments in accordance with W.S. 33‑5‑201 and 33‑5‑202 as provided on June 30, 2029.

Section 2.  There is appropriated one hundred ninety‑seven thousand three hundred seventy‑five dollars ($197,375.00) from the general fund to the supreme court for the period beginning with the effective date of this act and ending June 30, 2029 to be expended only for purposes of providing incentive payments for the rural attorney recruitment program established under this act. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, this appropriation shall not revert until June 30, 2029.

Section 3.  This act is effective July 1, 2024.

Lex Anteinternet: Cliffnotes of the Zeitgeist, 54th Edition. The swift and the not so swift edition.

Lex Anteinternet: Cliffnotes of the Zeitgeist, 54th Edition. The sw...

Cliffnotes of the Zeitgeist, 54th Edition. The swift and the not so swift edition.


  • Twitter has banned searches for Taylor Swift.

This tells us something about the danger of AI, as what they were searching for is AI generated faux nudes of the singer.

It also tells us something about entertainers we already knew.  Yes, their art counts, but part of their popularity, quite often, is that they're a form of art themselves. Which leads us to the next thing.

Everything about this is wrong on an existential level.  AI, frankly, is wrong.  

And once again, presented with the time, talent, and money to be sufficiently idle to do great things, we turn to the basest. 

  • There's a creepy fascination going on with Tyler Swift
I don't know anything about Tyler Swift, other than that she's tall, and from the photos I've seen of her, on stage she wears, like many female singers, tight clothing.  She appears to be very tall, and is sort of a classic beauty.

I suppose that's the root of it.

Apparently, right wing media and MAGA people are just freaking out about Tyler Swift.  This has been headline fodder for some time, but I only got around to looking it up now, as I don't follow entertainment at all and don't care that much.

Swift is dating some football player.  I don't follow football either, so that doesn't interest me.  Beautiful female entertainers dating sports figures, or marrying them, isn't news, and it isn't even interesting.  Consider Kate Upton and Marilyn Monroe.  Indeed, under the evolutionary biological precept of hypergyny, most rich women in entertainment would naturally gravitate in this direction, as much as we like to pretend that our DNA does not push us in one direction or another (lesser female entertainers, such as Rachel Ray and Kathy Ireland, tend to marry lawyers).  Billy Joel may have sung about the opposite in Uptown Girl, but that truly is a fantasy.  There's really very little direction from them to otherwise take, whether they are cognizant of it or not.

And so now we have this total weirdness:

Right wing conspiracy theorist Jack Posobiec: 
People who don’t understand why I have been commenting on Taylor Swift and Barbie are completely missing the point and NGMI These are mascots for the establishment. High level ops used as info warfare tools of statecraft for the regime.

Newsmax host Greg Kelly:

They’re elevating her to an idol.

Idolatry. This is a little bit of what idolatry, I think, looks like. And you’re not supposed to do that. In fact, if you look it up in the Bible, it’s a sin!

Far right activist Laura Loomer:
The Democrats’ Taylor Swift election interference psyop is happening in the open … It’s not a coincidence that current and former Biden admin officials are propping up Taylor Swift and Travis Kelce. They are going to use Taylor Swift as the poster child for their pro-abortion GOTV Campaign.
Donald Trump fanboy and poster child for political train derailment, Vivek Ramaswamy:
I wonder who’s going to win the Super Bowl next month. And I wonder if there’s a major presidential endorsement coming from an artificially culturally propped-up couple this fall …

And if all of that isn't weird enough for you, a host on the right wing  OAN claims the Swift football dating is a deep state psy op, because sports brainwash kids when they should be focused on religion. 

This is insane.

Liz Cheney warned us that idiocy had crept into the nation's politics.  What more evidence of this is required than this?
  • Celebrity endorsements.
Some of this stems from a fear that Swift might endorse President Biden.  I read something that claimed she had in 2020.

I don't know if she did or not, and I don't particularly care.

There are a host of celebrities who have endorsed Trump.  Nobody seems to get up in arms about that, or even notice it.  So why the concern.

Probably because Swift is seen as the voice of her generation, and that sure ain't the generation that MAGA is made up of.  I.e, she's young and an independent female.  

Look at it this way, would you rather have her endorsement, or Lauren Boebert's?

I frankly don't get celebrity endorsements anyhow.  I don't know why we care what any actor or singer thinks about anything.  Freaking out about it is just silly.
  • Jay Leno is seeking to be the guardian and conservator for his wife, Mavis, who is 77, and has dementia.
This is a tragedy.

It's also a tragedy in the nation's eye. Most of the time really notable figures endure something like this, it's out of the public eyesight.  We didn't watch Ronald Reagan decline on the news.  Of course, we're unlikely to see Ms. Leno endure this either.

But this serves as a warning.  Old age, we often hear, isn't for wimps.  And one of the things about it is that those who remain mentally fit have to take care of those who do not.  Most families find this out.

But what about when they're running for office?
  • The National Park Service reports a 63-year-old man died on a trail in Zion National Park.  Heart attack.

This headline tells us something, too. 63, we're often told, isn't old. But then we're not too surprised when a 63-year-old dies hiking, are we?

  • A concluding thought.  We're getting scary stupid.
Freaking out about Tyler Swift, letting two octogenarians run to carry the nuclear football, engaging in endless weird conspiracy theories. . . we've really let the dogs of insanity out big time.

Frankly, a lot of the time the "elite", by which we mean the educated elite, the cultural elite, etc., kept a lid on this.  It wasn't as if the opinions of "the people" didn't matter, but they were tempered.

That's not happening in the country now at all.  Swift is part of a left wing conspiracy, efforts to prevent gender mutilation are due to right wing meanness.  This is out of hand.

Last Prior Edition:

The Lost Cause and the Arlington Confederate Monument. Cliffnotes of the Zeitgeist, 53d Edition.

Tuesday, January 23, 2024

A Saint for our times. St. Agnes of Rome

We linked this in from our companion blog the other day:

Cellmate of Boethius: Lex Anteinternet: St. Agnes of Rome

Lex Anteinternet: St. Agnes of Rome

Lex Anteinternet: St. Agnes of Rome

St. Agnes of Rome


 A saint, in many ways, for our times.  Her feast day was yesterday.

Martyred on January 21, 304.

It struck me at the time that I should have posted more on St. Agnes and how she's become so contemporary.

It's hard to know all the details of her martyrdom give as it happened in 304, but what seems clear is that she voluntarily declared herself a Christian at a time that meant death, and that she steadfastly refused to yield her virginity. She seems to have had many suitors, which at that time exposed a young woman to being turned over to the authorities if they felt sufficiently jilted.  It is clear that she was tortured. She may have actually been turned over, as part of that, to a house of prostitution where, according to one account, she not only did not yield, a desirous patron of the house actually fell dead upon propositioning her.

She seems to have been executed by the sword.

Her relics, including a skull that is visible through a window, remain in Rome.

What makes her so relevant today is her steadfast refusal to yield to the spirit of her age, choosing to go to her death rather than surrender her virtue.  She's a patron saint of chastity.

In an age, in the West, which almost has no other interest other than the carnal, and the individual carnal at that, she speaks to us through her example as loudly as she did in 304.  Likewise for her example to refusing to yield to the false and convenient, no mater what it meant.

Sunday, January 21, 2024

Lex Anteinternet: What Western European cultures are fascinated by, and the rest of the world is not.

Lex Anteinternet: What Western European cultures are fascinated by, ...

What Western European cultures are fascinated by, and what the rest of the world is not.

Terry Mattingly's Get Religion blog, which have linked in here on the side, states something that we've already stated, but in a more in-depth article.

Or maybe it's something we've posed as a question.

Christianity is not a European religion.  Indeed, Europeans, in the form of Romans and Greeks, at first opposed it.

Christianity, and certainly the original form of Christianity, Apostolic Christianity, of which all the Orthodox and Catholics are part, came out of the Middle East and in fact it never left it.  The first Catholics, which is to say the first Christians, were at the very first all in the Roman province of Palestine.  Pretty soon they were in Syria, where they were first called Christians, and Egypt.  In the Apostolic Age Christianity, which again is to say Catholicism, made it all the way to India, and of course it also made it to Rome.  Rome was the early site of the head of the Church, because it was the center of the most powerful secular entity in the world, the Roman Empire, but other localities were major diocesan seats as well.  The last Apostolic Christian church in North Africa prevailed until the 1400s, the same century that the Moors were expelled from Spain, and the same century that the Church was established in Sub Sarah Africa.  Catholicism was so strong in Angola that pre Revolution slave rebellion in the Southern English Colonies of North America saw a Catholic Angolan band rise up and bolt for Catholic Florida.

So why, some of us have asked, is there so much attention on homosexuality in today's Church?

Seem unconnected?  It isn't.

Homosexuality is relatively rare in the world, but it is most common in European cultures.  There are a number of reasons for this.  For one thing, the Western world is rich, and it's used its wealth in pecular ways impacting living arrangements.  Basic aspects of adult life common throughout human history and in every culture have been badly warped in post World War Two, or maybe post World War One, or maybe as part of the Enlightenment, European cultured world.  While consumption of food, working, and the basic reproductive nature of humans is the same at an elemental level for people everywhere, and at all times, in the rich society of post 1945 Western Culture, there's an entertainment element to all of it.  People do these things to be "fulfilled", which in the end often tends to mean that their reproductive organs pretty much play the same role as a Nintendo joystick.  People have completely lost the connective and reproductive aspect to sex itself, which naturally leads to all sorts of bored playing with it.  We have, in this context, all become characters on MXC.

Additionally, as the West developed it got into warehousing of men, and sometimes women, for various reasons.  In the movie version of Pasternak's classic, Dr. Zhivago, the Orthodox Priest, in taking Lara's confession, warned her that sex was strong and that "only marriage can contain it".  As we've built societies that postpone marriage by operation of social pressure and economics, we can't be surprised that premarital sex became common.  Likewise, as we warehoused young men in various fashion. . .all male schools, all male institutions, etc., a certain percentage seek relief where they can find it.  Like most disordered behavior, the initial inclination probably isn't really very strong, but once people find relief in it, that takes over.  People don't take up drinking a quart of Jim Beam all in one setting.

So at this point the rich West has a pretty messed up relationship with sex in general, and for that matter, with nature and life in general.

And it's in a rocketing decline.

So why so much attention to the Fr. James Martin's of the world?  Why does the Papacy address this small demographic rather than, so far, addressing the effective schism of the German church, which has gone even further?

Mattingly notes:

"The Church of Africa is the voice of the poor, the simple and the small," wrote Cardinal Robert Sarah of Guinea, the former head of the Vatican's Congregation for Divine Worship and the Discipline of the Sacraments. "It has the task of announcing the Word of God in front of Western Christians who, because they are rich, equipped with multiple skills in philosophy, theological, biblical and canonical sciences, believe they are evolved, modern and wise in the wisdom of the world."

Mattingly also notes:

Catholic debates over LGBTQ+ issues are crucial, he [ Rev. Chris Ritter] said, "because if you want to spot low-fertility, low-faith cultures in Europe and elsewhere, you look at how and when they legalized and legitimized same-sex marriage. That will give you a good idea of what is happening. … Just look for large numbers of secular old people."

And that gets back to what I noted the other day. The West, in every fashion, is in decline.  By mid-century that will be more obvious than it is now, and that's not long.  In our feebleness, we've become self obsessed and lost a grasp of the existential.

This won't last forever.  Our self extermination by confusing entertainment with living is assuring it will not.  And, by extension, the unique tragedy of homosexuality, and the related plagues that endorsing rather than sympathizing with that tragedy has brought on, won't last long as major issues much longer either.  Society really doesn't need to be wringing its hands so much over this.

For that matter, we can suppose it won't be long until the occupant of St. Peter's Chair was born in Africa once again. . .and that will not be a bad thing.

Lex Anteinternet: On being blisteringly dense and contra-natural

Lex Anteinternet: On being blisteringly dense and contra-natural:   

On being blisteringly dense and contra-natural

I'll have to start this again with a quote I had here the other day from Cardinal Sarah

The dying West.

I'm afraid that the West will die. There are plenty of signs. No more childbearing. You are invaded, still, by other cultures, other peoples, who will progressively dominate you by their numbers and completely change your culture, your convictions, your morality.

Cardinal Sarah

I guess because I'm a big reader, I'll get advertisements for books and also book reviews in email form.  One that I get is the New York Times book reviews, which I've come to barely notice.  A big part of that is because as the Times itself has declined, and it very much has, its book reviews are focused on whiney self-indulgent narcissist who write whiney self-indulgent narcissist memoirs that nobody reads and which are soon forgotten.  Stuff like the struggles of a middle class homosexual 1st generation Pakistani American in the big city whose extended Islamic family doesn't get him. M'eh, get over yourself, dude.

Anyhow, I got more than one email on Molly Roden Winter's new memoir, More on her sexual immorality.  The first time I disregarded it as it was a New York Times review (of course), but the second time I did take brief note of it.

Basically, she and her husband, who do have children, like to f*** other people than their spouses and for some reason their licentiousness is to be shared with others, making them both not only sexually reprehensible, but exhibitionist as well.  They'd define this as being "polyamorous", but that description does violence not only to nature, as we'll see, but to "amour".  Polylicentiousness would be a better description, but licentious would simply do, although they apparently (I haven't read it) keep their affairs down to one person at a time.  Indeed, one item I found she wrote in an op ed was about her sneaking out to her "boyfriend" during COVID and lying about it to her mid teen son, whom she must think is really dense, so she can screw her paramour in his household while his wife, whom he is trying to get pregnant, is out.  

Like all books in this area, this will be read only by people, probably mostly women, who want either 1) a peak into somebody's Fifty Shades of Grey lifestyle or 2) are thinking of cheating on their spouses and want to learn what that's like while being encouraged to do so.  I'm not going to bother with that, but instead make an evolutionary biological and medical observation.

Setting aside morality, this sort of conduct can only occur if you've carpet bombed your system into sterilization and have a platoon of antibiotics ready to come to your rescue.

In other words, while the promoters of this sort of thing like to claim it as sort of natural, it's the opposite.

We've dealt with it elsewhere, but the bargain of our species was that the male in a couple got the female. . .you know. . . that way, for his life, and she got food and protection, which she couldn't provide once she had a child or children.  Slice it anyway you want, but that's the evolutionary basis of monogamy and that's why our species exhibits it.

People will talk about affairs etc. and the degree to which they've been historically common in our species, but they really miss the history of it.  By and large, while they do occur, amongst the masses, which were most people, who lived close to the economic bottom line, or who were aboriginal, or pastoral, or nomadic, the Old Law provided that such offenses were punishable by death, by and large.

People like to claim, "oh that was just for the women", but that's simply not true.  Yes, women adulterers were killed, as we all are well aware.  The underlying logic of it, as brutal as that was, is that a man shouldn't be forced to raise the offspring of some other man, and death put an end to the chance of that occurring, and perhaps to the offspring as well as the offending woman. 

Grim.

But death was the common punishment for men as well, and it was typically directly meted out.  The man discovering the offense very often simply killed the other guy, and that was regarded as okay.

Indeed, as late as 1973, the Texas Penal Code provided:

Homicide is justifiable when committed by the husband upon one taken in the act of adultery with the wife, provided that the killing takes place before the parties to the act have separated. Such circumstance cannot justify a homicide where it appears that there has been, on the part of the husband, any connivance or assent to the adulterous connection.

In other words, if husband came home and found Jim Bob Diddler in bed with his wife, he could kill him.

And we should note that yes, that's completely contrary to Christian morality.  You can't run around killing people, even those in bed with your wife.

But the old, pre-Christian, law allowed for this.

Black Buffalo Woman.

Indeed, a famous example of this is given by the example of Crazy Horse, whose early affections had been towards Black Buffalo Woman.  In spite of his known feelings for her, she married No Water while Crazy Horse was on a raid.  In 1870, he carried her off while No Water was out on a hunting party.  The next day, No Water caught up with him, shot him in the face with a revolver (hitting his nose) and breaking his jaw, his shot being misdirected due to a third party attempting to intervene.  Crazy Horse was laid up due to his injuries for months, but had escaped death.  The blood feud was ended by No Water giving Crazy Horse a horse in compensation for his injures, which must have been galling to No Water knowing that Black Buffalo Woman and Crazy Horse had spent one night together, but which was deemed justified in light of there being questions about Black Buffalo Woman's long term marital intent.  Crazy Horse was stripped, in turn, of his position as a Shirt Wearer.

No Water in later years.

I've known, FWIW, of one killing here which was pretty much under those circumstances and I personally know a fellow, who was an FBI agent, who came home to find a coworker of his in bed with his wife.  In the latter case, he gave the guy one hour to clear out with the stated intent that when he came back in an hour, if they were still there, he was killing him.

His instructions to his spouse were to clear out as well.

They did.

Anyhow, Ms. Winter's behavior is only possible, as noted, due to chemistry. We've used chemistry to defeat our biological functions, but not our psychological and psycho-biological ones, and at least for the time being, we're not close to doing so.  Indeed, if we do, it'll be the end of the species.

Let's go back to Black Buffalo Woman.

Several months after Crazy Horse's attempt at taking her, she gave birth to a light skinned child.  That must have been all the more galling to No Water, as Crazy Horse was light skinned as well.  Indeed, while people aren't supposed to speculate on such things, his light feature and aquiline nose have lead to some speculation that he descended from a French trapper a generation or two prior to his birth, and I'll just go out on a limb and say it's likely so.1   Anyhow, this gives a biological example of why this is so deep in our DNA.  No Water wanted his wife and knew what the relationship between men and women meant.  He already had three children by her.  Her departure with Crazy Horse was a massive act of betrayal as well as resource disaster.  Some nine or ten months later, he likely ended up burdened with the child of another man, but sucked it up and carried on.

And here's a second reason.

Disease.

Whatever the multiple partner of this type has been common in any form, venereal disease has been absolutely rampant.  There's really no exception.  Indeed, that's probably all the more we need to say on that.

Now, on this, a person might wonder for a second about polygamy.  I'm not a defender of polygamy, but polygamy and polygamous behavior aren't the same at all.  The wives of a husband in a polygamous society are his, not for sharing.  Pretty obviously, if they were shared in any fashion, with our without his knowledge, the disease spreading opportunity is really enhanced.

This shows, once again, how prophetic Humanae Vitae really was.

Consequences of Artificial Methods

17. Responsible men can become more deeply convinced of the truth of the doctrine laid down by the Church on this issue if they reflect on the consequences of methods and plans for artificial birth control. Let them first consider how easily this course of action could open wide the way for marital infidelity and a general lowering of moral standards. Not much experience is needed to be fully aware of human weakness and to understand that human beings—and especially the young, who are so exposed to temptation—need incentives to keep the moral law, and it is an evil thing to make it easy for them to break that law. Another effect that gives cause for alarm is that a man who grows accustomed to the use of contraceptive methods may forget the reverence due to a woman, and, disregarding her physical and emotional equilibrium, reduce her to being a mere instrument for the satisfaction of his own desires, no longer considering her as his partner whom he should surround with care and affection. 
Finally, careful consideration should be given to the danger of this power passing into the hands of those public authorities who care little for the precepts of the moral law. Who will blame a government which in its attempt to resolve the problems affecting an entire country resorts to the same measures as are regarded as lawful by married people in the solution of a particular family difficulty? Who will prevent public authorities from favoring those contraceptive methods which they consider more effective? Should they regard this as necessary, they may even impose their use on everyone. It could well happen, therefore, that when people, either individually or in family or social life, experience the inherent difficulties of the divine law and are determined to avoid them, they may give into the hands of public authorities the power to intervene in the most personal and intimate responsibility of husband and wife.

What was warned of here has now happened on a large-scale, with not only men regarding women as mere instruments of satisfaction, and vice versa, but a modern Western society obsession with our lower regions, even basing entire "lifestyles" on it.

None of which is capable without a complete chemical sterilization of our natural systems in a manner that we'd not tolerate on any other topic.  It's unnatural on an epic level.

Footnotes

1.  One of Crazy Horse's two wives, Helena "Nellie" Larrabee (Larvie), was half French.  


History has strangely not treated Larrabee well, seemingly because she influenced him to basically settle down.  That's really unfair, quite frankly.

Related Threads:




Sunday, January 14, 2024

Lex Anteinternet: The Obituary

Lex Anteinternet: The Obituary

The Obituary

Mira qué bonita era by Julio Romero de Torres, 1895.  Depiction of a wake in Spain.

I didn't have him as a teacher in high school, but I certainly knew of him.1  Somehow or another, I also knew that a student that was in school with us, and who my cousins knew, was not only his daughter, but also one of his students.  Apparently that was awkward. 

I don't do a good job of keeping track of former teachers.  I probably couldn't tell you where a single one of them was, even the ones I really liked, let alone those I only sort of knew by association.  In his case, there was our classmate, whom I also didn't know (she was a couple of years ahead of me), but he was also known to our parents.  Without knowing for sure, in looking at it, I think that must have been because he was from a Catholic family here in town.

My classmate died the year before last.  She was 62.

I read his obituary as he was so well known locally.  And then I recalled there were bits and pieces of his story I'd picked up over the years.

His wife was also a teacher.

Sometime after I left high school, the couple apparently civilly divorced.2   He remarried, and apparently to an apparently significantly younger women whom I take was also a teacher.  According to the obit, they had a child after he retired, who would now be about 31.  He would have been about 56 when she was born.  I can dimly recall my parents and my father's siblings talking about this as well, mostly in a somewhat bemused manner, given the difficulties of raising an infant, in their view, when you are that old.

When my classmate died, her mother was mentioned in the obituary.  Indeed, her obituary characterizes both of her parents as loving, and contains praise of them.

His obituary mentioned both of his daughters by his first marriage, and then goes on about his second.  His wife, the mother of my classmate, isn't mentioned at all.  The obituary is profuse on his latter "marriage", calling that individual, named in the obituary, the "love of his life" amongst other things.

Of course, the dead don't write their obituaries.  If they did, who knows how they'd read?  We might all fear how they'd be penned.  I've read plenty where a "first" and "second" spouse are mentioned.  This one is profuse on his love of one woman that he had children by and which the civil law would regard as his wife, but totally silent as to his wife who was the mother of my classmate. My classmate's obituary mentions her, and kindly, using the Americanism "step" to describe her as her "stepmother", which is polite, but the second "wife" of a divorced person isn't anything, relationship wise, to a child of the "first" marriage at all.3    Children, of a later marriage of any kind are, of course, as they're related by blood, i.e., genetically. Of course, children born out of wedlock to an illicit partner, to which I am in no way comparing this situation other than to note it, are "half" siblings as well.4 

It must be a later child of the second union that wrote the obituary, as it concluded with the funeral details, those being an apparently civil funeral, followed by an "Irish wake", the latter something not really understood by Americans.  A real wake comes before, not after, the ceremony, and the body of the deceased is present. Indeed, the body is key to the wake, and the dead's family and friends do not allow the body to be left alone.  Prayer for the dead is a feature of it, but there is also food and drink and even courting, which in part has to do with the fact that life goes on, but in part because in more natural societies people live much closer to death than they do in our false one.

Everywhere, real wakes have much diminished.5

But then, so has our understanding of, and appreciation of the metaphysical and the existential, and as most people do not dwell deeply on those topics, and the culture has drifted many of those who drift with it bear no fault for having done so.

There's no Irish wakes without prayer, the deceased, and a sense of the next world having stepped into this one.  In our age, however, we expect this world and how we define it to step into the next one.

Requiem aeternam dona eis Domine,

et lux perpetua luceat eis.

Te decet hymnus Deus in Sion,

et tibi reddetur votum in Jerusalem.

Exaudi orationem meam,

ad te omnis caro veniet.

Requiem aeternam dona eis Domine,

et lux perpetua luceat eis.

Kyrie, eleison. Christe, eleison. Kyrie, eleison.6

Footnotes:

1.  In no small part because he was a well put together athletic man who drew hall monitor duty, but didn't seem to care for it much.  Indeed, if you went by him in the hall, when he had it, he didn't bother to ask you where you were going.

2.  I'll admit that this entry disregards the topic of Catholic annulment. Did they obtain one?  No idea.

To add to that, do I know anything whatsoever about the circumstances of their "divorce" and what brought it about, including who brought it about.  No I don't.

3.  The etymology of the prefix "step" goes back to the 8th Century and denoted an orphan.  It was later extended in Old English to connote a remarriage of a widow.

Some "step" parents, it might be noted, particularly in the case of an early death of an actual parent, or an abandonment by one of them, really step up to the plate and become effectively de facto parents.

The Pogues song Body of an American gives a good description of Irish wakes and how they can be.  The movie Road To Perdition, however, gives a very good depiction of a traditional wake, complete with the body iced.

4.  Again, as the fraud of civil divorce is so widely recognized as real in the Western World, I am in no way comparing the children of illicit affairs to the children of later contracted civil marriages.

5.  I've been to a real wake once, for a deceased second cousin, and it was horrific.  My father, who was 1/2 Irish, and 1/2 Westphalian by descent, but whose family did not retain any Irish customs, detested them.

6.       Rest eternal grant unto them, O Lord,

and let light perpetual shine upon them.

Thou art worthy to praised, O God, in Zion,

and to thee shall prayer be offered in Jerusalem.

Hear my prayer,

for to thee shall all flesh come.

Rest eternal grant unto them, O Lord,

and let light perpetual shine upon them.

 Lord, have mercy. Christ, have mercy. Lord, have mercy.

Tuesday, January 9, 2024

Lex Anteinternet: Honesty and Authenticity. Resolutions.

Lex Anteinternet: Honesty and Authenticity. Resolutions.

Honesty and Authenticity. Resolutions.


Many years I post a resolution thread, particularly with those for other people, that being a type of frankly snarky satire.  I sometimes note some for myself as well.

This year I haven't posted anything.

The grimness of 2023 has a lot to do with that.  On a professional note, and by all externals, I had a fairly good year last year. Economically, it went well, in spite of being knocked out for surgery.   But surgery and health wise it was really tough.  So I haven't been in the mood for that.

I am one of those people who do resolutions, and looking back on them, I'm also one of those people who typically fail at them. That's not a reason to try, however.  And I've had enough in the way of shocks and major setbacks over the year not to look at life in 2023 as sort of ending me to the penalty box.  So here's at it.

Rather than set resolutions, and I know generally what mine would be anyhow, I'm instead going to note a dedication, which is a form of resolution. And that would be Honesty and Authenticity.  I'm tired of the dishonest and unauthentic.

I believe, as part of this overall, that dishonest and unauthentic behavior and actions are responsible for almost all of the problems our society faces right now, and I need to reflect that myself.  Casting a wide net, almost all of our personal problems, and our national, and international ones, are due to dishonesty and inauthenticity.

Not that the honest and authentic win any prizes of any kind with people.  People like to be told lies that they agree with to support their own dishonest beliefs, wants and behaviors. And people like fake too.

But deep down, that doesn't work.

It's not as if I've been living a dishonest and inauthentic life.  But most of us make a lot of mental compromises to get along in daily life this way.  It's really not good for anything.

Related Threads:

2023. Annus horribilis and a Gift.


Monday, January 8, 2024

Lex Anteinternet: Until Death Do Us Part. Divorce and Related Domestic Law. Late 19th/Early 20th Century, Mid 20th Century, Late 20th/Early 21st Century. An example of the old law, and the old customs, being infinately superior to the current ones and a call to return to them.

Lex Anteinternet: Until Death Do Us Part. Divorce and Related Domes...:  

Until Death Do Us Part. Divorce and Related Domestic Law. Late 19th/Early 20th Century, Mid 20th Century, Late 20th/Early 21st Century. An example of the old law, and the old customs, being infinately superior to the current ones and a call to return to them.


Be subordinate to one another out of reverence for Christ.

Wives should be subordinate to their husbands as to the Lord.

For the husband is head of his wife just as Christ is head of the church, he himself the savior of the body.

As the church is subordinate to Christ, so wives should be subordinate to their husbands in everything.

Husbands, love your wives, even as Christ loved the church and handed himself over for hert to sanctify her, cleansing her by the bath of water with the word, that he might present to himself the church in splendor, without spot or wrinkle or any such thing, that she might be holy and without blemish.

So husbands should love their wives as their own bodies. He who loves his wife loves himself.

For no one hates his own flesh but rather nourishes and cherishes it, even as Christ does the church, because we are members of his body.

“For this reason a man shall leave father and mother and be joined to his wife, and the two shall become one flesh.”

This is a great mystery, but I speak in reference to Christ and the church.

In any case, each one of you should love his wife as himself, and the wife should respect her husband.

St. Paul, Ephesians, Chapter 5.

As the old phrase goes, fools rush in where angles fear to tread, and my commenting here is, I am well aware, completely foolish.

I know next to nothing about domestic law, and even less than that.  I've never experienced any aspect of it myself personally, I don't delve into it regularly at work, but on odd occasion I, like every lawyer, must.

I don't like it when I have to.

When a civil litigator takes a look at domestic law, he often tends to be shocked.  I was that way when I looked into the topic of grandparent's rights some years ago.  The opponent was also shocked when I started treating the case like heavy duty civil litigation.  What the heck?  Well, the case ended up changing that area of the law after years of the domestic practitioners just doing the "well, that's the way we do this".

Not anymore.

Recently I've been looking at divorce law for a tangential reason, and once again I'm shocked and appalled.  

Wyoming uses "no fault" divorce, like most states.

Or maybe it doesn't.  More on that below.

No fault was the biggest insult to the law ever created and a knife to the gut of society.

Illustration of No-Fault Divorce. The petitioner is taking a blade to the gut of a helpless defendant.

The legislative stupidity in this area, however, started some time before that.  As such things often do, the story has a "the road to Hell is paved with good intentions" aspect to it.

Let's go way back.

At least during the state's territorial days, court's would occasionally order a cohabitating couple to marry.  This led me to assume that cohabitation of unmarried couples was illegal, and perhaps it was, but I've not found any statutory basis for that.  I haven't researched it in depth, either.  Fornication was a crime in many states, however, and it might have therefore been one in Wyoming.  Additionally, Wyoming imperfectly adopted the Common Law upon statehood, and for that reason court's may have felt they had the authority to address cohabitation, which normally would result in a marriage by fiat (Common Law Marriage).  At least right around the time of statehood there was a statute that addressed this topic in the "statutory rape" context, but the fairly shocking provisions of it were that the ages addressed were 10 years of age for a girl, and 14 for a boy.  I.e., a 14-year-old boy was expressly prohibited by law from having intercourse with a ten-year-old girl, and would be tried for rape if he did.  Apparently the scriveners of the law in the Dakotas, which is where we obtained our first set of statutes, felt differently about very tender ages than we might.  Having said that, the bill in the legislature last year which provided:
20-1-102. Minimum marriageable age; exception; parental consent.

(a) At the time of marriage the parties shall be at least sixteen (16) years of age except as otherwise provided.

(b) All marriages involving a person under sixteen (16) years of age are prohibited and voidable, unless before contracting the marriage a judge of a court of record in Wyoming approves the marriage and authorizes the county clerk to issue a license therefor.

(c) When either party is a minor, no license shall be granted without the verbal consent, if present, and written consent, if absent, of the father, mother, guardian or person having the care and control of the minor. Written consent shall be proved by the testimony of at least one (1) competent witness.
Surprisingly, this bill was met with opposition.  Before that, ages below age 16 were allowed with the Court's consent, and amazingly, there had apparently been a few instances of that occurring over the last decade.

The change, anyhow, was in my view, a good one.  Most people would agree.

Up until 1941, Wyoming had a set of "heart balm" statutes providing for common decency, common sense, protection of the common good, and which were fundamentally grounded in the laws of society and nature.  In that year, just months before the Japanese would cause the balance of human decency to be to exaggerated towards oblivion, the 1941 Wyoming legislature eliminated them, stating:
The remedies heretofore provided by law for the enforcement of actions based upon alleged alienation of affection, criminal conversation, seduction and breach of contract to marry, having been subjected to grave abuses, causing extreme annoyance, embarrassment, humiliation and pecuniary damage to many persons wholly innocent and free of any wrong-doing, who were merely the victims of circumstances, and such remedies having been exercised by unscrupulous persons for their unjust enrichment, and such remedies having furnished vehicles for the commission or attempted commission of crime and in many cases having resulted in the perpetration of frauds, it is hereby declared as the public policy of the State that the best interests of the people of the State will be served by the abolition of such remedies. Consequently, in the public interest, the necessity for the enactment of this article is hereby declared as a matter of legislative determination. 
1941 Wyo. Sess. Laws ch. 36 § 1.

Horse shit.

The thing about the "heart balm" statutes is that they heavily weighted the importance of the male/female relationship in a legal and cautionary way. The causes of action were varied, but all of a similar nature. There was 1) breach of contract to marry (breach of promise), 2) alienation of affection, 3) criminal conservation, and 4) seduction.  This mean that there were real consequences for failing to seriously undertake the relationship from the onset, and in failing to take care of it.  Rarely noticed on this, the penalties fell more often on men, than women, but protected both.

What were these causes of action?

We'll take a closer look.

The proposal.
  • Breach of promise.
Breach of contract to marry, or as it was more often called, "breach of promise", was a unilateral broken engagement. The non-breaching party was entitled to receive damages that included the benefits were that were to be had from the marriage and specific injuries to the plaintiff, including humiliation and psychological injury.

In the view of us moderns, this seems Victorian and quaint, but it was anything but.  Prior to birth control, relationships between men and women were, we might say, deadly serious.  While the social standards, based on Christian concepts and morality, meant that sex before marriage was frowned upon, and while it was also the case that a high percentage of people, particularly women, did not engage in sex before marriage, things began to break down when couples engaged and people knew it.  This does not mean to suggest that people behaved like they do now, as they certainly did not.

Engagement periods seem to have lasted a year or so, although there wasn't any set period.  One period etiquette book provided:
There are exceptions to the rules which govern engagements, as well as other things; but as in other cases, the exception only proves the wisdom and justice of the rule. There have been happy marriages after a few days' or even hours' acquaintance, and there have been divorces and broken lives after engagements which have existed for years. The medium, therefore, may be considered the best plan to pursue; namely, an engagement which is neither too short nor too long, but just sufficient to make a broad and easy stepping-stone between the old life and the new. The result of a very short engagement depends upon the strength and genuineness of character in the individuals, while the haste with which they have consummated so important a step says but little for their wisdom or prudence. A hasty and ill-advised marriage is a bad beginning in life. A very long engagement, on the contrary, is an eternity of that hope deferred which maketh the heart sick, and it is much harder for the engaged girl than for the engaged young man who is "a laggard in love". She has to wait usually, while he works actively, bringing himself into new relations, obtaining new experiences, and in many ways living a life which she can not share, and which is more than likely to interpose a barrier between their mutual sympathy and confidence, and cause them to drift apart from each other.
Gems of Deportment and Hints of Etiquette, Martha Louise Rayne, Detroit: Tyler & Co., 1881.

There was more to it than that, however.  Close contact of this type was going to lead to something with some people.  Therefore, with a broken engagement, the female participant would be potentially at least slightly tainted in some fashion, either regarded as "ruined" or regarded as an obviously difficult and unmarriageable person.  There was a flip side to this, which we'll address below.

Additionally, in an era in which women had limited career opportunities, getting engaged set a woman on a certain financial course whose sudden end could be devastating economically.  It was assumed, naturally enough, that during the engagement she'd sworn off other suitors, many of whom would have moved on in the meantime.  Indeed, amongst the very old even now you'll frequently read stories of very elderly "first loves" reuniting, showing that whatever went wrong early on had forced them into other paths, even if they obviously retained affection for each other.

  • Seduction

The flipside of breach of promise, this tort sounds obvious, but in practice it was less so.  The tort allowed an unmarried woman's father - or other person employing her services - to sue for the loss of these services when she became pregnant and could no longer perform them.  We recently saw an example of this being played out on the Canadian World War Graphic History blog in an entry concerning Lieutenant Colonel Charles Flick.

As that entry noted, Flick and one Kate O'Sullivan engaged in some sort of sexual act.  What occured isn't clear, but it seems pretty clear that Flick seduced Kate, or perhaps raped her.  In any event, Flick, then an officer in the British Army, was sued by Kate's father. As the blog notes:

In June 1898, London tailor Daniel O’Sullivan sued Lieutenant Charles Leonard Flick of the Honourable Artillery Company “for damages for the seduction of his twenty-five-year-old daughter, Kate,” with whom Flick had had an illegitimate daughter. The above letter was entered into the court record by the plaintiff’s counsel. As a result of pregnancy and alledged assault, Kate O’Sullivan had been unable to assist her father’s tailoring work. The jury found in favour of the plaintiff for £150.

Seem harsh (assuming it wasn't rape)?  Well, it really wasn't.  Kate, at age 25, was reaching the upper limit of her marriageable age at the time, and now she had a daughter to take care of without Flick.  Whether Flick tried to make it right (which was common) by marrying her or not, we don't know They didn't marry, however.   Mr. O'Sullivan was left, therefore, with the financial burden of his daughter, who could now no longer work, and his granddaughter as well.

While this may all sound pretty harsh, it reflected an economic reality that still exists.  Seduction continues to exist as a legal principle, even if we don't recognize it.  It exists in the form of child support laws, which achieve essentially the same thing, but through the partial intervention of the state.  At the time, it was up to people to take care of this on their own, which was not a less just system.

Flick, by the way, went on to a career in the British Army, serving overseas, and ultimately in the Canadian Army.  He was an opponent of Japanese internment in Canada, so no matter what his early story was, he wasn't entirely a terrible person.

  • Alienation of Affection.

This occurred when someone interfered with the marriage, causing a spouse to lose affection, mostly often through seduction, but not always.  Indeed, meddling third parties could be liable for interfering with a marriage, including objecting in laws or even clergymen.  In the Wyoming case of Worth v. Worth, 48 Wyo. 441 (1935) a daughter-in-law suited her in laws on just such a claim, recovering the amount of $35,000 in damages.  The damages in such cases were for emotional distress and mental anguish, shame, humiliation, and economic loss, including financial contributions toward the marriage and potentially punitive damages.

The elimination of this tort created a situation in which unrestrained interference in marriages can and frankly does arise.  Amongst women, it tends to come up in terms of the "support" of female friends, many of whom have broken relationships themselves, or in some instances feel that a friend married beneath herself.  I've seen this happen first hand, with the women who don't have to live the consequences harping on tehir friend to divorce.

The flipside of this is that men do the same thing, but it tends to be over other issues, with those issues often being sexual.  In spite of they hypersexualized era in which we live, or perhaps because of it, it's frequently the case that couples enter a marriage badly damaged in this area and ultimately that impacts the woman much more.  Women with multiple sexual partners before marriage are almost statistically incapable of living out their marriage.  Women who have abused, on the other hand, tend to withdraw from the "marital debt" at some point leaving their husband's stunned.  In that case, the men will tend to get the advice from their fellows that they should dump their wives for a more willing, and often younger, partner, or they'll simply begin to engage in adultery and excuse their conduct.

  • Criminal Conversation

Criminal conversation was similar to Alienation of Affection, but involved sex, so the last item noted here had arisen..  It was the tort of sexual intercourse outside marriage between the spouse and a third party, with each act being a separate tort, and the liable party being the third party.  Damages included emotional harm, mental suffering, loss of support and income, and loss of consortium.

Not surprisingly, this tort changed over time to something radically different, and it then allowed an unmarried woman to sue on the grounds of seduction to obtain damages from her seducer, if her consent to sex was based upon his misrepresentation.

The unifying thread in all of these is that they took marriage, and beyond that, the male female relationship extremely seriously.  For want of a better way to put, they took sex very seriously as well.


One of the things that the Sexual Revolution proved was that people were incredibly naive about sex, but not in the way that the revolutionaries imagined.  In fact, the pre revolutionary condition proved to be the wise one, as it grasped the nature of sex.  While perhaps not the best way to set it out, we'll quote here an item from Quora, which is always a somewhat dubious source of anything, which was on a thread on whether premarital relations should be illegal, which in a few countries they still are.  Some commentator noted:

Sex absolutely, deeply and irreversibly transforms

You

Physically, Emotionally, Mentally and Spiritually.

It transforms abusers and the abused,

It transforms actors in porn,

It transforms friends who do it casually,

It transforms one-night standers,

It transforms johns and the prostitutes,

It transforms gays and lesbians,

It transforms the masturbater,

It transforms viewers of porn,

It transforms people who only do it orally,

It transforms those who use protection,

It tranforms unmarried couples,

It transforms married couples,

Sex is a language of the body.

And it is a langualge that has a definitely fixed meaning.

It communicates an absolute message.

It says I AM YOURS, FREELY, COMPLETELY, FAITHFULLY and FRUITFULLY.

After sex, you will either be made or ruined

Physically, Emotionally, Mentally and Spiritually.

We can think that nothing in us has changed,

But we will never the same as before.

We can tell ourselves that sex is pleasurable and healthy exercise,

And that we will be worse off denying ourselves from the pleasure it gives.

But, we will still have trivialised the message our body has communicated.

When we add meanings to the fixed message of sex,

The message of our mind is not aligned with the fixed message of our body.

We are no longer integrated. We have lied.

Sex in forms that detract from its fixed message is an abuse of the body.

It is cripplingly addictive, simply untruthful, absolutely unfulfilling and very ruinous.

If you have not done it. Don’t begin.

If you have done it, learn from this and do your best to cease.

Be hopeful. Every Saint has a past. Every sinner has a future.

Remember, the purpose of sex can only be properly fulfilled within and after

Marriage.

Written almost like a poem, the writer is absolutely correct.  Psychologically, biologically and chemically, sex changes everything.  It binds the people, whether they wish to be or not.

Indeed, in the area of odds and ends, one of the commentators on Catholic Stuff You Should know once noted this in that he was with a group of friends who wished that he could still see women the way he had, before.  He remembered having done that, but the change was too profound to allow him to do again.  That's likely nearly universally true, at least for men.

On a scarier note, in an interview I heard some time ago from a very orthodox Catholic source, a person who assisted with exorcisms noted that in some cases the possession had come about during intercourse, the metaphysical nature of it being such that license existed due to the marital act for the possession to transfer from one person to another.

Now, people like to wink and note that even amongst members of Apostolic faiths, premarital sex is common. But prior to birth control, it was much less so.  It was not, however, nonexistent.  Part of the breach of promise recognized this.  But part also recognized that once couples head down this road, there's no real coming back, ever.

Ever.

And that, in no small part, is why "no fault" divorce works an irreparable and unconscionable injury to marriage, the married, and men and women in general.

It should not be allowed.

Before we look at that, or rather before we carry on directly, however, we'll take a big diversion. The reason is that we happened, in an unrelated fashion, upon something tagentially related to this topic and started a post on it, but then decided that it would really be better set out here.  

And that involves two videos from The Catholic Gentleman blog.

Normally I'd be very hesitant to post a video of this type, probably out of cowardice as much as anything else, but these are so well done, if not really titled correctly, I'm making an exception.  

They're really insightful.

Having said that, I'll retreat into cowardice a bit.  The mere title, "What women don't understand about men", can raise hackles and eye rolls.  And the fact that it's linked in from something called "The Catholic Gentleman" will immediately provoke cries of "rad trads" and patriarchist, and the like.

Well, actually, this is much more in the nature of informed evolutionary biology.

And, to note it again, they're mistitled.  That's because these two videos could just as easily be "What men don't understand about women, and what women don't understand about men, and why that's the case.

Now, these do take this topic on from a semi religious prospective, but only semi, which is really interesting in that this is from The Catholic Gentleman blog.  They creep right up on, and even cross deeply into, evolutionary biology, again in really insightful ways, and frankly if the religious aspects of these videos were omitted, they'd still be highly valid.  In the first one, in fact, the religious elements are hardly mentioned.

Now, a few warnings about these insightful videos.

About half of the first one is about sex, sort of, but not completely.  Rather, it's more accurately on how men perceives their relationship on a primary basis, which is heavily based on sex, which is part of the reason that they're so insightful.  It also means that they touch on a topic gently, but much more graphically, than has ever been discussed here before.  

Crud?  Yes, but more accurate in some ways than we care to imagine once certain lines are crossed.

But the times call for it.

Put simply, and grossly simplifying it, we're an animal whose evolutionary biology is really odd, and that's not a societal thing.  Of all the mammals, we belong to the group that has the highest degree of sexual dimorphism.  And of every animal in our group, the primate, we're at the top of the scale, indeed, over the scale, on it.  It defines a lot of who and what we are as an animal, and how the two sexes react with each other.

This is not, I'd note, unique to this analysis. The first time I recall reading this was actually a discussion on Homo sapiens evolution in The National Geographic decades ago.  The thesis to explain it is that in one of our homo ancestors, quite a few ancestors ago, the dimorphism began when the species intelligence advanced, resulting in an unusually long period before we're mature adults.  That meant that our mothers, or rather their mothers, had the responsibility of dealing with and taking care of the infant and child human for a long time. . . years in fact.  That caused the dimorphism.  Females evolved accordingly in one direction, and that direction emphasized security and relationships.  Males evolved in another, and those involved a set of things we have otherwise discussed here, but also, and we really haven't discussed hit here, sex.  The National Geographic author's assertion, and it seems well-supported, is that the evolutionary trade-off is that human males became basically ready, if you will, all the time and traded intercourse with human females, who are receptive, unusually, in varying degrees all the time. Females received food and protection.

That is, we'd note, a gross over simplification, somewhat.

As we're a very complicated species, with our big brains, it became more involved than that, but the basic elements remained.  Humans do look for lifetime mates.  Males are highly oriented towards connecting love of their mate, ultimately, with intercourse, and if it's absent, severe problems typically begin to arise.  Women place little importance on that, however, past the initial stage of the formation of the couple, and instead place an enormous focus on relationships and feeling safe. Women really don't understand that for a married couple, or perhaps we should say one in a real union, that for the male, if the physical aspect of it is absent, he'll feel frustrated, insecure, and unloved.  Men really don't get that women can simply omit this to some degree, or even entirely, and not feel the same way at all.  On the other hand, men don't grasp that if a woman feels insecure, it's relationship threatening.

The first video does a really good job of explaining that.  If you want to look into it, and do to my autodidactic nature I did, you can actually find a pile of stuff supporting what they're saying.

The second part of the first installment is on how men yearn for respect and equate love with respect.  Women do not.  Women expect support.  You can find lots of stuff on this as well, although you need to be careful.  One thing that is mentioned barely here, but which showed up in a net search, is that a female insulting a male, well, in a physical fashion in this arena can actually be devastating. There's an entire Reddit thread where a married man mentions this occurring in an argument which seems to have largely resolved on its primary point, but which seemed overwhelmingly likely to result in a divorce, even though the woman had repeatedly apologized.  Even other women were counselling, "dump her".

A couple of notes, before moving on, one that's touched on in the video, and another not.  The video makes a really good point, which has to do with male adolescence and how males develop. The context of it is in regard to transgenderism, and the point is made that the sort of crisis that males go through at a certain age, as things turn on, would be wholly absent for those claiming to be transgendered.  Without that, however, you really aren't male.  And no doubt the reverse would be true for whatever it is that women go through.

Men Did Greater Things When It Was Harder To See Boobs

Amy Otto, from The Federalist.

Not nearly as touched on, but a major problem, is that not only are men highly oriented in this direction, but at the point at which its realized its like flipping a switch that men can't get back from. This is mentioned in the excellent podcast Catholic Stuff You Should Know.  Men really can't' get back from where they started off, once they go down this path (and yes, I'm not going to fill it all in).  It's sometime wondered "how" Catholic Priests can endure their celibacy, and it should be noted that St. Paul advised that unless the person had the grace and call to do it, they shouldn't attempt it.  Most Priest who are truly called not only have that calling and grace, but they've likely never gotten to the point where the breaker was switched.  Once it is, enduring the celibacy would be difficult in the extreme, and we note that in fact not all have endured it.



The second video is on three different topics.

The first is how men handle insecurity and stress, which often is very aggressive, or at least some form of aggression.  The other way tends to be through addictive behavior.  


The prior set of statues took the relationship so seriously that it was somewhat difficult to contract in the first place, had very serious implications from day one, and was very difficult to break.  By being difficult to break, it protected first children, but then it protected the married men and women themselves.

This is not to say that all marriages were always rosy, but truth be known, the majority of marriages that break up do so due to transitory matters.  That's why divorce originally required proof of something serious.  Critics of the old statutes claimed that this forced people, and they usually mean "women" by people, to make up lies to obtain a divorce, and lying did indeed occur.  Missed in that is that the fact that lying was occurring mean that what was being claimed, such as mental cruelty, didn't really exist.  It was all just a matter of feelings.

That it is a matter of transitory feelings is borne out by the evidence.  At a bare minimum, it's reported that 27% of women and 32% of men regret their divorces, or are willing to admit that they do.  Given the nature of such reporting, we can probably easily assume that the real percentages approach at least 40%, if not higher.

Taken out of that, of course, are the percentages of those who divorce who simply kill themselves.  Suicide being a risk due to divorce is very well established, although statistics associated with the percentage that take this tragic route are hard to come by, with men being nine times more likely to kill themselves following or during a divorce than women. That last statistic is particularly interesting, as there's something about men that causes them to take that approach at a much higher rate than women, although suicide is an increased risk for men and women due to divorce.  Men, it is well known, tend to lose their social structure upon marrying, and it tends to devolve, over time, down to their wife.  Again, looking back to old wisdom, the Old Testament informs:

Therefore a man shall leave his father and his mother and hold fast to his wife, and they shall become one flesh.

They do indeed, and this does indeed become the case.  It's really easy to find examples of a wife's family essentially becoming the family of her husband, but it's much less common the other way around, in spite of what many people assume.  Men getting divorced tend to lose their entire families as a result, their wife, their children, and their wife's family, with nowhere to go. The failure is so existential, they'd simply rather die.  Women suffer to, but the classic "going back to her parents" is an option for them.  Men don't "go back to their parents". They go back to new dwellings alone.

Suicide is now so common with divorce that its frequently discussed in various divorce related circles, including legal ones.  Interestingly, the tragedy frequently is followed by the comment that if a person is edging towards this during the divorce in an open way, it should basically be disregarded, as that's manipulative. At some level, that's an incredibly self-interested set of views.  Self-slaughter if never the right answer, and from a Christian prospective, it's a mortal sin.  But the people who state "I feel guilty because my spouse killed himself" often really should feel just that. They abandoned their vows and the other person fell into despair, so  yes, you should feel guilty, and moreover, you in particularly should not "move on" into another relationship having helped kill, quite literally, your prior one.

All of this is also why the death rate associated with men is also falsely low.  Some go home and kill themselves sooner or later, but some simply drink themselves to death, or purposely engage in a lifestyle that will shorten their lives.  Some just die, broken-hearted.  Indeed, a bona fide medical condition, takotsubo cardiomyopathy, or “broken heart syndrome,” occurs in a certain percentage of otherwise healthy people, killing 5% o those who obtain it, and causing long term health effects for 20% of those who aren't killed by it but survive.  In extreme cases, a related psychological condition results in a mental collapse in which a healthy person just gives up the will to live and ceases all efforts to do so, resulting in death coming within the span of a week unless people catch it and intervene.

Oh well, right?  We've moved on to the brave new legal world where the facts are made up and the answers don't matter, and just have to live with it.

No we don't. There are things that can, and should, be done. But what can be done?

  • Be honest about the relationship between men and women.
It's ironic that in the age of freely available information, and great advances in society, that what people have learned is the mechanics of sex, but nothing about its existential nature.  This is a root part of the problem.

And I'm using the term "sex" advisably, not "marriage".

If the defenders of Catholic annulments are to be credited, the reason that so many are granted is that people just don't grasp the nature of what they're getting into.  As noted above, I'm pretty skeptical on that, but there's at least something to that.  Women don't seem to realize that once they become sexually active with a man he can't go back to the status quo ante.  They also, in many instances, don't realize (and again, Reddit is full of this stuff) that once the vows are exchanged and the presents opened, they can't really expect a return to the days of care and cuddling. For that matter, once children are born they're not getting back there either.  They will have achieved exactly what the New Testament provides, literally:
That is why a man leaves his father and mother and clings to his wife, and the two of them become one body.

He's not going to get over the "clinging". 

If the authors of The Catholic Gentlemen are correct, women need to grasp this. But there's a lot that men need to grasp as well.  And before we depart on this topic, we'll note, at least in undamaged women, and a lot are damaged, the psychological union that this creates exists too.

When I was looking up stuff for this post, one of the things I just ran across was a post by a woman who had initiated a divorce. Still convinced that she was correct in doing so, she was baffled by why she was repeatedly thrown into lamenting the divorce and the loss of her husband.  Of course, the Redditors came in with all sorts of "grieving" statement, and in a way they were right. But the reality of it is that she tried to cut something down that was within herself and killed it so it didn't die a natural death.  As that attempt at murder, and indeed it’s a type of self-murder given the nature of marriage, is ineffective, her DNA was telling her what society could not.  Her divorce is false. She wasn't the person she was before she attempted to divorce.

It's here where the videos linked in can do a real service.  Societally, we lie about sex all the time and have damaged people enormously as a result.  What we've essentially done is to encourage people to get on the perversion and decay train, and a lot have boarded it.  Then we're surprised by the result.  To give an odd example, everyone was surprised when "America's Dad" Bill Cosby turned out to be a serial sexual pervert.  But why? We knew that he hung out at the Playboy Mansion and everything associated with Playboy ended in perversion, long term.

This obviously goes beyond marriage, of course, and gets towards being honest about our psychology as a species, which we aren't.  We can pretend that the old standards went away, but the old DNA is still there.

  • What can be done under the current law
Part of the reason, indeed a lot of the reason, things have gotten so bad is that divorce lawyers, have failed to really examine the law much, with rare exceptions.  

They should.

Quite frankly, it'll probably take conventional civil litigators to do it.

But what can be done?

Domestic lawyers really don't look at the law much.  They have just gotten used to "this is how things are done". An example of that is Wyoming's "no fault" divorce statute, which isn't really no fault. The Wyoming Supreme Court required proof on irreconcilability in a case for the first time this past year, which means it took somebody fifty years to wake up to the fact that the law requires the proof, although the case was very unique, however.
  • Going back to the old law
We remind people of this:


People constantly imagine that when a mistake is made, and absolting hte old law here was a mistake, you "can't go back". 

Of course you can go back.

There actually is a movemen in the nation to move away from no fault divorce.  But to get back to the old law society will have to go a bit further back indeed.

It should.

Divorce laws requiring fault should be reestablished, and the "heart balm" statutes brought back. It's those latter causes of action that, as far as I'm aware, which nobody has preposed to restore.

They should.
  • A societal reaction.
Finally, in order to really take this on, there needs to be a societal reaction, and this makes people very uncomfortable.

Very uncomfortable.

Part of the reason that we have so much divorce in our society is that we've allowed the conditions creating it. We've badly damaged the psychological makeup of our society over a seventy year period by losing what we knew about sex and the relationship between men and women. That's hard to come back from, but it needs to occur.  It'll have to start occurring on an individual basis.

Even when I was a college student in the 80's it was still the case that people living together without being married was frowned upon, even if it was no longer really societally prohibited.  Doing that on a non-married basis toys with the programmed in nature of sex and the relationship between the sexes in a  major way.  Indeed, in many societies earlier on, to do that was simply to create a married relationship that the couple was then stuck with.  Even in early Christianity, as is so often forgotten, there was no marriage ceremony early on.  The couple simply agreed to be married and moved in with each other.

Couples that "live together", as its now politely called, are creating a proto marriage whether they wish to or not, at least within themselves.  If this is not going to be frowned upon, it ought to at least be acknowledged for what it really does.

Beyond that, and it would have to start there, the easy separations that have come into being should not be so easily tolerated.  Couples break up and divorce, as we know, but it really doesn't have to be accepted by a party that didn't wish to, and if they didn't wish to, they should stand their ground in their status.  And this is true, in my view, of religions annulments as well.  To go against these, in Catholic terms, is regarded as absolutely shocking and subject the person who does it to attack.  Well, proclaiming that you view the other party as engaging in a fraud won't make a person popular, but standing for what is true often doesn't.1

Footnotes:

While I'm aware that it will be a very unpopular thing to say, another aspect of this would be not to tolerate the divorce industry.

Like almost everything that plagues our society, there's a strong industrial element to all of this.  The corruption of marriage in the first place, by which we mean the corruption of the relationship between men and women, was brought about in no small part due the pornography industry, which is a subset of the sex trade industry.  As it took root, the entertainment industry, the medical industry and the legal industry became highly involved with it.

Law in American society has become an industry, and as noted, it's very tied up in it.  Law, like medicine, was a profession, but the corrupting influence of money has very much corrupted it.  Divorce litigation is its own industry.  There's no reason to respect it, or those involved in it, including lawyers involved in it.

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