Practical Moral Philosophy for Lawyers

Craft Readings

D. M. Dooling, "Introduction," to D.M. Dooling (ed.), A Way of Working vii-xiv, at viii (New York: Anchor Books, 1979):

Once there was no divorce between art and craft: in medieval society, painters and sculptors as well as potters and weavers were members of craft guilds. A man was a carpenter, a painter, or a stonemason; his work, his way of life, was central to his identity and recognized as his means of centering and discovering himself.

Wendell Berry, The Unsettling of America: Culture & Agriculture 91 (San Francisco: Sierra Book Club, 1977):

Skill, in the best sense, is the enactment or the acknowledgment or the signature of responsibility to other lives: it is the practical understanding of value. Its opposite is not merely unskillfulness, but ignorance of sources, dependencies, relationships.

Skill is the connection between life and tools. . . . Once, skill was defined ultimately in qualitative terms: How well did a person work; how good, durable, and pleasing were his products? But as machines have grown larger and more complete, and as our awe of them and our desire for labor-saving have grown, we have tended more and more to define skill quantitatively: How speedily and cheaply can a person work? We have increasingly wanted a measurable skill.

E.F. Schumacher, Small Is Beautiful: Economics as if People Mattered 149, 151 (New York: Perennial Library, 1975)(1973):

[M]odern technology has deprived man of the kind of work that he enjoys most, creative, useful work with hands and brains, and given him plenty of work of a fragmented kind, most of which he does not enjoy at all. It has multiplied the number of people who are exceedingly busy doing kinds of work which, if it is productive at all, is so only in an indirect or "roundabout" way, and much of which would not be necessary at all if technology were rather less modern. . . .

All this confirms our suspicion that modern technology, the way it has developed, is developing, and promises further to develop, is showing an increasingly inhuman face, and that we might do well to take stock and reconsider our goals.

E. F. Schumacher, Good Work 118-119 (New York: Harper Colophon 1980) (1979):

How do we prepare young people for the future world of work? and the first answer, I think, must be: We should prepare them to be able to distinguish between good work and bad work and encourage them not to accept the latter. That is to say, they should be encouraged to reject meaningless, boring, stultifying, or nerve-racking work in which a man (or woman) is made the servant of a machine or a system. They should be taught that work is the joy of life and is needed for our development, but that meaningless work is an abomination.

Donald A. Schön, The Reflective Practitioner: How Professionals Think in Action 61-62 (New York: Basic Books, 1983):

Through reflection, he [a practitioner] can surface and criticize the tacit understandings that have grown up around the repetitive experiences of a specialized practice, and can make new sense of the situations of uncertainty or uniqueness which he may allow himself to experience.

Practitioners do reflect on their knowing-in-practice. Sometimes, in the relative tranquility of a postmortem, they think back on a project they have undertaken, a situation they have lived through, and they explore the understandings they have brought to their handling of the case. They may do this in a mood of idle speculation, or in a deliberate effort to prepare themselves for future cases.

They may also reflect on practice while they are in the midst of it.

Duane Elgin, Voluntary Simplicity: Toward a Way of Life that is Outwardly Simple, Inwardly Rich 172-173 (New York: William Morrow and Company, 1981):

Simplicity (as greater directness, clarity, and unpretentiousness) can transform our approach to work in a variety of ways. . . .

First, our relationship with our work is enormously simplified when our livelihood makes a genuine contribution both to ourselves and to the human family. It is through our work that we find opportunity to develop our skills, relate with others in shared tasks, and contribute to the larger society. If our work is directly contributory, it can be a source of great satisfaction and great learning. It was Thomas Aquinas, I think, who said: "There can be no joy of life without joy of work." Our relationship with our work is enormously simplified when we move from an intention of "making a killing for myself" to that of "earning a living in a way that contributes to the well-being of all." . . . . Without the clarifying frame of reference provided by sensing the contribution of our work to the well-being of the world, it is immensely more difficult to find satisfaction and fulfillment in our work.

 

Theodore Roszak, Person/Planet 215-217, 218, 220, 221, 222-223, 232, 235-236 (Garden City, New York: Anchor Press/Doubleday, 1978):

To have a vocation is to work with responsibility--not in any merely legal sense, nor in the sense of fearing that one will be pointed out as a slacker by one's work mates . . . but in the sense that our work is ourselves; we are at one with it because it grows from all that we have chosen to become in this life. It is our personal emblem and pledge of honor before the world. We care about our vocation, because if it is misused or proves inadequate, all that gives our life distinction and meaning is called into question.

It is a stubborn fact of human experience: Except in the most technical legal sense, I cannot hold myself responsible for work that is personally meaningless, let alone for work I despise. Meaningless work, despicable work, is work I blame on others; I treat it as a mere necessity, an imposed duty. I may even feel ashamed that I waste my life at such work. So I say to myself (and secretly to the world), "I am only doing this because I need the money, or I need the grade, or I need the credit, or reputation, or publicity. I am doing something my boss wants to have done, or the system needs to have done. I did not invent this job; I do not believe in it; I do not endorse it. If I had my way, I would be doing something else. So don't hold me responsible for its waste, its shoddiness. . . ."

In this way, I seek to distance myself from the job. And that, essentially, is what alienation is: the withdrawal of self from action, the retreat of the person from the performance. Work then becomes a foreign object in one's life which is, at most, a means to an end, but no proper part of one's real identity. Alienation is not . . . an estrangement merely from the means and fruits of production. It is also estrangement from the activity itself which allows us to deny our responsibility for what we do. And this is what surely follows when work has no craft to it: no challenge, no taste, no personal style. Work of that kind is a zero, a hole in the middle of one's life. It is life wasted, and nothing breeds more rebellion and resentment in us than the experience of having a precious piece of our life extorted from us, stolen away, used up. Confronted with work of this kind, we withdraw into fantasies of being elsewhere, doing other things . . . watching the clock, planning for the weekend. We are everywhere but right here, at work and in our work.

. . . . If we have a vocation, we are responsible to our work that it should be well done; we are responsible for our work that it should be well used. We want it to be intrinsically excellent by the highest standards of our craft or profession; we also want it to be of good and honorable service in the world. In our vocation, we wish to see the good achieved in both its senses: the well crafted and the ethically right. Only one force will provide this double-edged sense of responsibility--and that is love: the love we bear toward the work we do. Just as there is no way to talk about vocation without talking about responsibility, so there is no way to talk about responsibility without talking about love. To what and for what can we be responsible? . . . . [W]e can hold ourselves responsible only to what we love and for what we love.

* * * *

What are most people in premodern societies? They are peasant farmers, artisans, craftsmen, housewives--and children learning these livelihoods from their parents. In more primitive societies, they are hunters, fishermen, gatherers, nomads. Now, all of this is skilled work of an indisputably useful nature. It requires careful training, a mastery of cultural lore, the constant exercise of judgment and initiative. In doing the work, one experiences one's own competence and strives toward a standard of excellence that is respected by one's fellows. There is a difference between a good farmer and a bad one, between a good hunter and a bad one--a difference the community appreciates and cares about, because the work is necessary value to all concerned. To become good at these things is an exercise of one's cunning, experience, inspiration--qualities that, in some measure, extend and define the personality.

Even under the bleakest conditions of social exploitation, working people in these societies, at least among themselves, can be a community of mutual appreciation and critical regard--not simply because they are being "nice" with one another on the job like bored office workers exchanging pleasantries and good humor, but because their work is a real measure of competence at a significant project in the world. This is an irreducible cultural and personal value, for there is, at last, such a thing in our nature as an instinct of workmanship that can tell an honest job from a fake, and cares about the difference.

Wendell Berry, A Continuous Harmony: Essays Cultural and Agricultural 93-94, 121-124 (New York: Harcourt Brace Jovanovich/First Harvest ed., 1975)(1972):

Nearly all the old standards, which implied and required rigorous disciplines, have now been replaced by a new standard of efficiency, which requires not discipline, not a mastery of means, but rather a carelessness of means, a relentless subjection of means to immediate ends. The standard of efficiency displaces and destroys the standards of quality because, by definition, it cannot even consider them. Instead of asking a man what he can do well, it asks him what he can do fast and cheap. Instead of asking the farmer to practice the best husbandry, to be a good steward and trustee of his land and his art, it puts irresistible pressures on him to produce more and more food and fiber more and more cheaply, thereby destroying the health of the land, the best traditions of husbandry, and the farm population itself. And so when we examine the principle of efficiency as we now practice it, we see that it is not really efficient at all. As we use the word, efficiency means no such thing, or it means short-term or temporary efficiency; which is a contradiction in terms. It means cheapness at any price. It means hurrying to nowhere. It means the profligate waste of humanity and of nature. It meets the greatest profit to the greatest liar.

* * * *

The peculiarity of our condition would appear to be that the implementation of any truth would ruin the economy. If the Golden Rule were generally observed among us, the economy would not last a week. We have made our false economy a false god, and it has made blasphemy of the truth. So I have met the economy in the road, and am expected to yield it right of way. But I will not get over. My reason is that I am a man, and have a better right to the ground than the economy. The economy is no god to me, for I have had too close a look at its wheels. I have seen it at work in the strip mines and coal camps of Kentucky, and I know that it has no moral limits. It has emptied the country of the independent and the proud, and has crowded the cities with the dependent and the abject. It has always sacrificed the small to the large, the personal to the impersonal, the good to the cheap. It has ridden to its questionable triumphs over the bodies of small farmers and tradesmen and craftsmen. I see it, still, driving my neighbors off their farms into the factories. I see it teaching my students to give themselves a price before they can learn to give themselves a value. Its principle is to waste and destroy the living substance of the world and the birthright of posterity for a monetary profit that is the most flimsy and useless of human artifacts.

* * * *

A better economy, to my way of thinking, would be one that would place its emphasis not upon the quantity of notions and luxuries but upon the quality of necessities. Such an economy would, for example, produce an automobile that would last at least as long, and be of workmanship to be as durable as its materials; thus a piece of furniture would have the durability not of glue but of wood. It would substitute for the pleasure of frivolity a pleasure in the high quality of essential work, in the use of good tools, in a healthful and productive countryside. . . .

"You are tilting at windmills," I will be told. "It is a hard world, hostile to the values that you stand for. You will never enlist enough people to bring about such a change." People who talk that way are eager to despair, knowing how easy despair is. They want to give up all proper disciplines and all effort, and stand like cattle in a slaughterhouse, waiting their turn. The change I am talking about appeals to me precisely because it need not wait upon "other people." Anybody who wants to can begin it in himself and in his household as soon as he is ready--by becoming answerable to at least some of his own needs, by acquiring skills and tools, by learning what his real needs are, by refusing the merely glamorous and frivolous. When a person learns to act on his best hopes he enfranchises and validates them. . . . And by his action the possibility that other people will do the same is made a likelihood.

Wendell Berry, Standing By Words 13 (San Francisco: North Point Press, 1983):

[W]hat we call the modern world is not necessarily, and not often, the real world, and there is no virtue in being up-to-date in it. It is a false world, based upon economies and values and desires that are fantastical--a world in which millions of people have lost any idea of the materials, the disciplines, the restraints, and the work necessary to support human life, and have thus become dangerous to their own lives and to the possibility of life. The job now is to get back to that perennial and substantial world in which we really do live, in which the foundations of our life will be visible to us, and in which we can accept our responsibilities again within the conditions of necessity and mystery. In that world all wakeful and responsible people, dead, living, and unborn, are contemporaries. And that is the only contemporaneity worth having.

What is needed is work of durable value; the time or age of it matters only after the value has been established.

Wendell Berry, What Are People For? 139-140 (San Francisco: North Point Press, 1990):

More and more, we take for granted that work must be destitute of pleasure. More and more, we assume that if we want to be pleased we must wait until evening, or the weekend, or vacation, or retirement. . . . We are defeated at work because our work gives us no pleasure. We are defeated at home because we have no pleasant work there. . . . Where is our sanity but there? Where is our pleasure but in working and resting kindly in the presence of this world?

And in the right sort of economy, our pleasure would not be merely an addition or by-product or reward; it would be both an empowerment of our work and its indispensable measure. Pleasure, Ananda Coomaraswamy said, perfects work.

Carla Needleman, The Work of Craft: An Inquiry into the Nature of Crafts and Craftsmanship 48-49, 51, 69, 122 (New York: Alfred A. Knopf, 1979):

The approach to crafts . . . is often initiated by a dissatisfaction with the "plastic" world--that is, the world which does not touch our inner life. Young people turn to pottery, to weaving, to cabinetmaking, as if the life of the craftsman were simpler, easier than the life of a businessman, and, for them, it is. And yet the realization that the objects in modern life do not touch our inner life, the wish to rediscover the connectedness between the inner and the outer through working directly on a material with the body and the best of our understanding, can lead to a shattering self-discovery. It may bring upon me the weighty knowledge that the inner life I am striving to express isn't there--that I have no access to an expressible inner life. Craftsmanship begins with disillusion.

Disillusion is an extraordinarily interesting state of being, having immediate and far-reaching effects. It is a sacred state, a state that has power. It acts at once to still the voices of mere discontent. It is an active, not a reactive state, and if the craftsman can bear to stay there, not to turn away, he begins to detect an opening in himself through which he can learn.

And of course he turns away. We turn away. We never expected to be so shaken, down to the roots. We never before understood that in a real exchange we have to give up something. We visualized the world of forces as if it were a supermarket into which we could enter and fill our shopping carts and go home again. We never thought about paying.

Disillusion, the recognition that I am not what I thought I was, that I don't know what I thought I knew, that I can't do what I wish to do, is the payment that opens us to the creative dialogue. It renders the craftsman, strains him through a very fine cloth to rid him of impurities so that he, like the material substance of his craft, can be available to be worked upon.

* * * *

The way I walk, the way I play cards, my relationships with other people, the way I weave or carve or throw, express me. But only in crafts is the result of that expression frozen in time and space like a still photograph, distinct and separate from myself, small enough, calling to be seen.

* * * *

It takes time to learn from the craft. After the first rush of enthusiasm, or the second, the weaver may withdraw into himself and begin to study at the loom. His designs are simple, either bands of color or geometric figures that are vaguely American Indian in feeling. He begins to feel something about design and he begins to have a sensation about it as if he could, when he looks at a design, taste it in his mouth and sense it with his body. His eyes convey the design to his body and if he keeps his body still while he looks he can sense the design better.

What looks good on paper may not be right for the a rug. It all depends. Always while designing he feels on the edge of a secret and the secret both eludes him and lures him.

* * * *

Crafts are about one thing: the secret of how to work.

John Jerome, Stone Work: Reflections on Serious Play and Other Aspects of Country Life 31 (New York: Viking, 1989):

Joinery, it now occurs to me, must be the foundation of all craft. You put two things together to make something else, to accomplish some purpose; the better they fit, or work together, the greater the pleasure from the making. Stone, wood, glass, metal, mud, any material, any combination, it's the fitting together that turns work into pleasure, turns tedium into trance.

Harry Remde, "Close to Zero," in D.M. Dooling (ed.) A Way of Working 49-55, at 50-51 (Garden City, New York: Anchor Books, 1979):

At every moment he [the person who works with craft] works close to a boundary, an invisible wall that defines the path to the next moment, that moves ahead of him as he follows it, a wall that he never quite touches. Patience in the craftsman is the willingness to recognize and obey the movement of this wall. At each stroke of the tool he brings his work up to it. His wish is as slight as the separating of the next fibers of wood, the rising of the next particles of clay. His thoughts and movements are bounded by the wall. His emotion makes nearness to the wall satisfying to him. When he has finished the movement, the wall moves beyond, establishing the further step. Again he moves close to it. The movements of the wall and the craftsman are nearly continuous, nearly the same.

He remains aware of this process. He never permits the wall to be beyond the periphery of his inner vision. He attends to the material without losing sight of the wall. This is the highest degree of his patience. If he attempts to ignore the wall, to go beyond it without completing the movement, he will lose the wall. He will be without direction. For him, the wall provides a way; it makes his progress possible. Moment by moment, he follows the wall.

Roger Gould, "Transformations During Early and Middle Adult Years," in Neil Smelser & Erik Erikson (eds.), Themes of Work and Love in Adulthood 228-230 (Cambridge: Harvard University Press, 1970):

When we begin our work life in the twenties or earlier, we start with assumptions about work that originate in childhood and reflect our parents' values as well as our own reparative fantasies. These ideas have not been tested and are contaminated by an idealizing process in which we hope that the work will not only be pleasurable but also will aid us in overcoming feelings of inadequacy, smallness, and uncertainty. When we attach ourselves to particular work, we are likely to stay with it because, if we are successful, it confirms our status as adults. In return for this gift of adultness, we tend to accept the explicit and implicit value system of the particular organization or career, becoming narrower in relation to our full potential while becoming deeper in relation to a specific real-life competency. The work becomes us, not just our activity of choice. . . .

Work during the twenties serves so many developmental functions that it makes most of us willing to work long and hard without questioning seriously the fundamental value of what we are doing and why we are doing it as long as we are constantly feeling better about ourselves. To the degree that a job becomes a career and becomes an open pathway to escalation in the future, the sense of optimism increases with the sense of competency. When the job is not linked to escalating roles, that optimism is blunted. . . .

* * * *

[Following this period of developing competencies in work] [t]here is also a dawning recognition that we have paid a high price for this achievement. We begin to question self-imposed limitations upon our future career course. . . . During the early thirties, we begin to be a more divided self and a more interesting self. . . . As long as it rids us of our childhood mythic smallness, we are not capable of totally surrendering work as a defense, but the grip of work as a defense is lessening in favor of work as a self-defined and slowly discovered meaningful activity. . . .

This process of questioning and seeking occupies a relatively small part of our time and energy in the early thirties but grows to larger proportions during the midlife decade, thirty-five to forty-five. If in response to the questioning and accelerated transformational process we engineer better and better fits between our inner needs and current job activity, the questioning process is satisfied and work continues as a labor of love. If, on the other hand, the questioning process does not lead to shifts and changes that are small but cumulative during the course of the thirties, our suppressed growth develops into a major break that demands psychological work. This break may take several forms: renewed repressions, often fortified by alcohol or acting out; prematurely becoming old, dull, and dutiful; psychological or physiological symptoms; deterioration of interest level and concentration; or other mental disturbances requiring the reconsideration of the meaning of work. These are the potential mid-life crises which may or may not end in midcareer shifts.

In the midlife period, while striving for authenticity and generativity as the organizing themes of the transformation process, serious and urgent questioning takes place about the meaning of work. During this time of profound changes and major revitalization opportunities it is most important to identify idiosyncratic meanings of work. Underutilized talents and capacities are still locked away, defensively isolated in response to one's childhood thinking about the core of the self.

Douglas LaBier, Modern Madness: The Hidden Link Between Work and Emotional Conflict 7, 25, 27, 203 (New York: Touchstone/Simon and Schuster, 1989) (1986):

[F]or an adult, work plays a major role in determining one's level of development, by either stimulating life-affirming attitudes and supporting development, or, through frustration and oppression, stimulating regressive attitudes.

* * * *

Careerism has become the main work ethic of our times. At root, careerism is an attitude, a life orientation in which a person views career as the primary and most important aim of life.

* * * *

[C]areerism also has a dark side. . . . For many of us, careerism brings with it a gradual loss of self, integrity, or inner core, independent of and apart from our career position or worth to the organization. . . .

People . . . express the downside of careerism through semiconscious attitudes of self-betrayal, despair, and unfocused self-criticism. The price of successful careerism is feeling trapped and caught as they navigate upward through lawyers of hierarchy, fueled by visions of recognition, power, and position that lie just ahead.

* * * *

Among the many obstacles to positive change for the career professional is the presence of the "cover story" and "hidden plot" in people's lives. The cover story is the explanation one gives oneself and communicates to the world; a plausible rationale for one's behavior and motives. Beneath it lies a hidden plot, as in a Shakespearean drama: the true story, sometimes unconscious and often the opposite of the cover story. It in fact, directs and motivates the person's thoughts and actions. People often tinker around with the cover story here and there; make it smoother here, more persuasive there. The unconscious or semiconscious aim is to avoid exposing and confronting the hidden plot for fear that facing it would cause too much disruption, or would be too demanding of rectification. When the cover story is firmly entrenched, no change may be possible, unless a crisis occurs or the person gets professional help.

C. Wright Mills, The Sociological Imagination 195-196 (New York: Oxford University Press, 1959):

To the individual social scientist who feels himself a part of the classic tradition, social science is the practice of a craft.

* * * *

It is best to begin, I think, by reminding you, the beginning student, that the most admirable thinkers within the scholarly community you have chosen to join do not split their work from their lives. They seem to take both too seriously to allow such disassociation, and they want to use each for the enrichment of the other. Of course, such a split is the prevailing convention among men in general, deriving, I suppose, from the hollowness of the work which men in general now do. But you will have recognized that as a scholar you have the exceptional opportunity of designing a way of living which will encourage the habits of good workmanship. Scholarship is a choice of how to live as well as a choice of career; whether he knows it or not, the intellectual workman forms his own self as he works toward the perfection of his craft; to realize his potentialities, and any opportunities that come his way, he constructs a character which has as its core the qualities of the good workman.

What this means is that you must learn to use your life experience in your intellectual work: continually to examine and interpret it. In this sense craftsmanship is the center of yourself and you are personally involved in every intellectual product upon which you may work. To say that you can 'have experience,' means, for one thing, that your past plays into and affects your present, and it it defines your capacity for future experience. As a social scientist, you have to control this rather elaborate interplay, to capture what you experience and sort it out; only in this way can you hope to use it to guide and test your reflection, and in the process shape yourself as an intellectual craftsman.

 

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