ENTRE NOUS
Being an Active Bystander BY CLAUDE DUCLOUX
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ew activities have given me such joy and satisfaction as entertaining and educating those in my chosen profession with these 28 years of Entre Nous columns. We have found humor together in poking fun at our self-importance and sharing our frustrations with technology, legal process, and annoyances we face daily. Occasionally, important events have given me the opportunity to remind all of us of the legacy that our profession occupies in our most unusual circumstances. The disarray and confusion we find ourselves in as a nation rallies me again to that mission. We face breathtaking divisions which challenge our professed desire for a “more perfect union.” While we may stumble, we must always be vigilant to the malevolent danger which lurks in abandoning the rule of law. Human history, old and recent, is marred by occasional descent into genocide: tragic periods where innocents are slaughtered in attempts to overcome serious societal issues that often have nothing to do with the victims, who are merely scapegoats. Each time, the societies claim that they “had no idea” what forces led to those horrible events. So, how do you convince one group to lose all sense of reason, conscience, and morality and murder their neighbors, or even turn away when it is happening? Enter Ervin Staub, a Jewish psychologist who narrowly survived the Holocaust in Hungary. Staub has devoted his life to studying the genesis of, and reasons for, these events. There are common elements. Genocides do not start with one seminal event. Instead societies are slowly groomed in despair. The society almost always is suffering from massive depression, want, fear, and unanswered
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Have we lost that important sense of outrage? needs. Incessant toxic messaging often supported by faulty religious justification is a prime influencer. Demeaning insults and caricatures are created to target the group (in Rwanda, the Tutsis were constantly referred to as “cockroaches”). The anger builds slowly until it boils—then violence erupts. Psychologists then say, once you have committed heinous violence, it becomes easier…and finally—the norm. So, what can a single person do? As it turns out: A LOT. Staub talks about the power of “active bystanders” who call out this hate, who protect others, who admonish demagogues, officials, neighbors, and people engaging in hateful acts. Thousands upon thousands of lives were saved by “bystanders” who would not be dissuaded by the Nazis’ threats if they helped Jews. Same in Chechnya, Rwanda, and Cambodia: One person made a difference. So, could these lessons apply to our current events, where markers of the same conditions are unavoidable? We are experiencing unprecedented tribalism, adherence to group identities which morph our consciences and reasoning. Entire groups of immigrants are referred to as criminals and murderers. We shed our empathy. We surround ourselves with those who help
• I will not spread lies, nor suffer those who do. • I will do my best to ensure that my actions are based upon the truth. • I will not tolerate attacks on my neighbors, friends, or my community based upon race, status, or gender issues. • I will be mindful that my refusal to call out injustice will be seen as complicity. • I will use my voice and legal talents to assist, educate, and promote the general welfare of my community and country. • I will not lose hope for this great country, nor empathy for those in need.
suppress our better angels. If Staub is right, we’re clearly in dangerous territory. Yes, we are all in a quandary: The country is divided, the economy under incredible stress. We must, above all, act with Tens of millions of people have integrity, and ask ourselves, uncertain futures. We are desper“How would I like to be rememate for quick fixes. Moreover, as bered on this issue?” Some call a society, we are now accustomed that “being on the right side of and anesthetized to the constant history.” I call it having a clear shower of lies filling every news conscience. cycle. We have lost that important All of us wish we had all the sense of outrage. Talking heads answers. None of us ever will, tell us we have a constitutional but we cannot sacrifice the right to ignore science, viroloconfidence that society gives us gy, and physics and to choose as attorneys and trade it for quick our own truths. Uncomfortable fixes, demonization, and divisive truths are dismissed as “hoaxes.” group identities which will always Worse, every day we see good pose a danger to our survival as a people and leaders we admire nation. As we continue to engage become complicit and ignore the fight against COVID-19, the their fiduciary duties to call out longer war we face is the disease these dangerous trends. Rather, of “hoaxicity”—that toxic ability we weep as it becomes acceptable to dismiss truth, decency, and to hide behind lies which “don’t conscience. affect me.” Lawyers around the world often risk their lives attacking What stands between this and injustice. But they persist in the our ruination? The law. That’s belief that there is no other way our beat. That’s our deal. Every forward. Now, it is time for us lawyer who values the Rule to be brave. Be there for your of Law, our sacred pact which friends, neighbors, community, promises to handle our disputes and profession as that safety valve with rules and processes, must Staub calls the “active bystandbecome an active bystander. er.” Make your voice heard, and Every single day, the members your choices count. I promise, of the legal profession should you will sleep better. have a credo: And (as always) keep the faith. • I pledge to make a difference AUSTINLAWYER AL AL wherever I can.
