Ethics Are Impossible Where There's No Justice

Do the rules of ethics apply to everyone? Do they apply to everyone in the same way, and to the same degree? Should they?
How can we contemplate the perfection of ethical conduct or even generosity, when our bellies or hearts are empty?

And what responsibility do those of us have, whose hearts and bellies are full?

Transcript

Hi everyone,

It's Judy Cohen and this is Wake Up called 365.

We are exploring sila paramita,

Or the perfection of ethics,

Or the perfection of morality,

It's sometimes called.

And here's I think one really interesting thing about it.

So we can talk all day about keeping in mind the precepts of non-harming,

Not stealing,

Not engaging in sexual misconduct,

Not speaking unkindly,

Not using intoxicants to cloud the mind.

We,

Meaning those of us who have what we need to engage in an exploration of the heart and mind.

And if we start from Abraham Maslow's hierarchy of needs,

Which may or may not be the most useful measure,

We,

The we that I'm talking about,

We at least need to have our physiological needs met,

Right,

For food,

For water,

For warmth,

For rest,

Before we can start exploring ethics because without those needs being met,

We're in survival mode and it's not something a human being can necessarily do,

You know,

Concern themselves with ethics and morality when they're trying to stay alive.

And certainly there are stories,

Ancient and modern,

About people who do that,

But generally when you look more carefully at those stories,

Those folks are not worried about their survival,

Even though maybe to some of us,

Or at least to me,

Looking from the vantage point of privilege that I have,

I feel like I would be if I were in that position,

But they're not.

So that's sort of the first thing.

And then maybe we also need to feel safe and secure,

Which is the next level up on the pyramid.

And already that might exclude some of us or some of us some of the time,

Right?

And then going up another level,

What about feeling like we belong and have intimacy and friendship in our lives or even higher to what Maslow called esteem,

Which what he meant was the feeling of prestige or accomplishment.

So if we're looking at our society right now,

Especially in society,

And that's the society I am familiar with,

One striking element out of many striking elements right now is income and safety disparity.

And I was listening to NPR,

National Public Radio,

For those of you who are not in the US here today.

And there was a young man and he was saying that he had been incarcerated for many years for making some terrible decisions as a youth.

And he said he felt he had no choice but to make the terrible decisions he did,

And specifically to make the decision to join the gang,

Which ultimately got him into really serious trouble.

And what he actually said was,

When you get jumped in the schoolyard after so many times,

You just need protection.

So,

You know,

Putting aside the question of how we can be the richest nation on earth and have such a large population of humans or any humans who have to make these terrible decisions and suffer the consequences,

You know,

And as lawyers,

I guess we can't really put aside these questions,

But putting them aside for the moment,

There is still a question that comes up for me,

Which is,

You know,

If someone is living without their basic needs being met for food,

For warmth,

For water,

For security,

For safety,

Should they be held to the same ethical standards as those who do have those needs met or who have those needs met and more?

And in some ways,

You know,

This is the easy question because of course,

In one way of looking at it,

Yes,

Because if we don't live by a set of rules for society,

Then we're living in anarchy.

Of course,

That raises another question,

Which we also might not have to put aside for now,

But that is,

You know,

How to address the fact that we do seem to have one set of punishments for breaking the rules for privileged folks and another for marginalized folks.

So,

There's that.

But as to the question of whether we need one set of rules,

Sure,

We can't have two set of rules on the books or no rules on the books,

But this really started me thinking about that that might be a reason why some of the great sages like Shantideva,

For example,

The eighth century Indian sage philosopher,

Monk,

Who all say,

You know,

Don't think of Sila Paramita as ethics,

As being about following a set of rules.

Think about it as something inspiring,

As a way that you're inspired to be in the world,

As the way that you're inspired to be in your life.

So,

I'm inspired to follow the precepts because doing that feels right.

It feels good.

But if I'd been hungry for days and I took a loaf of bread off of the cooling rack outside my local bakery last night,

My imagination is that my inspiration would have been to feed my belly or my children.

And if I'm a nine-year-old being junked day after day in the schoolyard and there's no one at school and there's no one at home to help me solve this problem of feeling fundamentally unsafe,

Then I guess I'm imagining that I'm inspired to do whatever my new family,

You know,

My gang tells me I need to do in order for them to keep me safe,

Even if that's something terrible.

And even if the safety that I'm being offered is a complete illusion,

Since,

You know,

To a nine-year-old boy,

It's probably not an illusion,

Right?

So,

Fast forward to the day that nine-year-old is now 17 and is appointed a public defender and the DA wants to charge him as an adult,

Right?

Or fast forward to the day that nine-year-old is now 25 and because,

You know,

All else being not so different but her family having had enough money to keep her in school and off the streets and she still grows up feeling emotionally unsafe,

Then,

You know,

What then?

Do either of those people end up able to contemplate CELA ethics,

Morality,

If they're primarily seeking safety in their life?

Or,

You know,

Maybe for us the kind of hardest,

The hardest scenarios fast forward to someone who is under so much stress day in and day out.

Maybe it's the stress of supporting a family at a much higher level than subsistence and yet something that still feels necessary.

Maybe it's the stress of trying to keep people from being incarcerated and losing that battle day after day.

Or the stress of being expected to work an impossible number of billable hours.

You know,

What about that person?

How does that person make emotional space to contemplate the perfection of morality,

The perfection of ethics?

And I was talking to my dear friend,

Elisa.

Hi,

Elisa.

Yesterday and,

You know,

Sort of wondering about someone who is a lawyer and who was really pushing that edge of ethics.

And we were kind of laughing about kind of how obvious it was,

But thinking about somebody who is under a lot of pressure and has been for years and years and years.

Do they have the emotional ability?

Do they have the safety?

Are their needs met at a level where they can contemplate ethics?

So many of us here,

I think,

Are fairly well-resourced by virtue of our practice,

Right?

And,

You know,

The ability to come to the present moment for a few minutes each day and then here and there throughout the day and to see that in each present moment it's possible to let go of stress,

Of worry,

Of concern,

And the ability to even to call up self-compassion when we need it,

Right?

Because this is the treasure of mindfulness.

And so from the perspective of sila paramita,

The perfection of ethics,

This can give us the ability to see a more ethical path forward as Norman Fisher encourages us to do to imagine that path so that we can live into it,

So that we can live into the five precepts.

But not everyone has a practice.

And for many folks,

The conditions of their lives don't lend themselves to cultivating one or even considering a more aspirational ethical framework for their lives.

And we can have some compassion for those folks as well.

Not pity,

But compassion,

Right?

Also because of our practice.

And so then the question is what we can do.

And we who are fortunate enough to have stumbled upon the dharma,

Mindfulness,

What we can do is still huge and powerful because what we can do with our practice,

As a foundation,

And sila as a guiding light is set a good,

Loving,

Non-judgmental example.

Set a good,

Loving,

Non-judgmental example by treating every single being with the same loving and ethical approach.

And of course,

It's on too many t-shirts and coffee mugs,

But really just as succinctly as you want to be,

It's just be the light,

Right?

Okay,

So let's sit.

So finding your most supportive posture,

Whatever that is for today,

Whether you're seated,

Whether you're standing,

Whether you're lying down,

Maybe walking is best for you.

And connecting to the earth,

Feeling your touch points,

Whether it's your feet or your sit bones or the whole body connected to whatever you're sitting or standing or lying down or walking on,

But also that connection to the earth.

Dropping time.

You'll be feeling resourced by that connection.

If that's available.

Maybe fearing peace in that connection,

If that's available.

Thank-you And then connecting to yourself.

The sense of just simple,

Simple,

The body breathing.

Following the breath,

Noticing whether the mind is steady and settled or wild and wandering.

The sense of just simple,

Simple,

The body breathing.

And then connecting with one another.

You know,

I think the 35 of us,

Bunch of lawyers,

All practicing together,

Practicing mindfulness together,

Resourcing ourselves.

Taking a few moments of well-deserved peace.

Or if the moment isn't particularly peaceful,

Then taking a step back and just noticing that you can create space around whatever is happening.

And there,

There can be some peace.

You know,

I think the 35 of us,

Just practicing together,

Resourcing ourselves.

And then,

You know,

I think the 35 of us,

Just practicing together,

Resourcing ourselves.

And then,

You know,

I think the 35 of us,

Just practicing together,

Resourcing ourselves.

Maybe feeling into the how resourced you feel now.

And then,

You know,

I think the 35 of us,

Just practicing together,

Resourcing ourselves.

And if there's a little bit more peace,

Then see if you can really take note of the sensation of that,

Really.

And what opens for you as you take that out into your day.

As it gives you more access to contemplating sila paramita.

The ethical perspective.

And that's it.

Thanks,

Everybody,

For being on the wake-up call today.

Great to see you all.

Take good care.

Be safe out there.

Thank you.