Evolve Already!

In a sad comment on these times, I feel obliged to begin by declaring the “theory” of evolution in its most basic sense entirely correct, despite the fundamentalist religious zealotry preventing many of our fellow humans from learning or understanding it.

Valid debates remain over important but relatively subtle points of evolutionary theory, such as the degree to which organisms inherit behavioural as well as physical traits, the maximum speed with which evolutionary changes can occur, and the impact of individuals versus groups in the evolutionary process.

One measure of adaptivity to our environment here on this planet involves the transition from nomadic gatherer-hunter clans to city-states requiring agriculture to remain stationary and support specialized societal roles. Gatherer-hunter is more appropriate terminology than hunterer-gatherer due to the relative frquency and importance of the two activities for clan survival. Aggregation of city-states through cooperation or conquest produces nations and empires until experiments with genocidal destruction prompt species-level thought and action. Finally, potential catastrophic worldwide resource depletion lays the foundation for planetary ecosphere consciousness.

Today, humans on this planet have made it virtually impossible for any remaining gatherer-hunter societies to continue. Agricultural production is at risk from corporate monoculture methods, threatening the food supply of humans. Nations regularly wage wars at an unimaginable cost in human suffering and empires explore every avenue for exploiting natural and human resources through corporate dominance over representational governments with no regard for “externalities”.

As a species, only a minority have attained species-level thought and action and even fewer are operating with planetary ecosphere consciousness. Imperatives toward clan, nation, empire, and species loyalty will have to evolve rapidly to awareness of our perilous self-manipulated environment if we are to adapt to 21st century realities on planet earth.

The only way to avoid species suicide, dragging many other species along with us, is by learning as much as possible about the ecosphere and our effects on it. Can we navigate a trajectory that provides a basic quality of life for all of us? Is it possible to retain notions of basic human rights and justice? I believe the answer will come through increased education and communication, acts of compassion for our fellow humans and those of all species, and decisionmaking structures that push representation to individuals to the degree each decision impacts each of us.

The Lucknow 4: Gay Club Arrests in India

I’m shocked to read of the arrest of four gay men in India for simply meeting together for a picnic. Apparently, although no sex was involved, the police entrapped them and charged them with a violation of Section 377 of Indian Penal Code, punishable by 10 years to life imprisonment. The police apparently traced the guys through an online website.

One can only hope that this is the final straw that breaks the camel’s back to reform this antiquated law from the era of British colonialism so that gay people can take their place alongside the rest of humanity in India and around the globe.

Narrowing the Nation’s Power

I just started reading John T. Noonan’s “Narrowing the Nation’s Power: The Supreme Court Sides With the States” today. Anyone else read it? Your comments welcome.

The book brings up several compelling examples of cases where the Supreme Court has insisted on the sovereignty of states and therefore their immunity from prosecution under the law. The book points out the extension of this immunity to a wide variety of state institutions, including for example state universities. The apparent consequence is that a legal complaint brought successfully against a private employer may in many circumstance not be successful when brought against a state unless the court feels that Congress’ legislative remedies are “proportional and congruent” as determined by the court itself. The Supreme Court has taken this stance in cases involving patents, trademarks, and copyrights. Even more frightening to me, the Supreme Court has taken this stance in cases involving fundamental human rights like the right to be free from violent sex discrimination as in the case of a gang rape at Virginia Tech. It has also greatly limited Congress’ ability to legislate protection for the disabled and for the elderly when that protection was intended to extend to the state as well as the private employer for example.

The most troubling to me was the fact that so much of the defense of basic human rights is left to strange constructions and legal fictions that have arisen out of two hundred years of struggle between Congress and the Supreme Court, between the states and the federal government. The fact that our basic human rights depend on the ability to show damage to interstate commerce is troubling at best.

Seems like it’s time to start again with a constitution that guarantees human rights outright, not as a side effect of its fourteenth amendment applied precariously to some portion of the relevant cases.