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Practical
Moral Philosophy for Lawyers
Imagining Ourselves as Stone Fence Builders
We find, in the most unlikely
of places, new ways to think about ethics and our lives as lawyers.
Consider, for example, John Jerome's Stone Work: Reflections
on Serious Play and Other Aspects of Country Life (New York:
Viking, 1989).
The author and his wife, Chris, "live in western Massachusetts,
on what was once a working farm, but now is only fields and woodlot,
a nice piece of land with a house on it." [5] The
decision to take up country life is followed by another, to build a
stone fence. "There are fine old maples and fruit trees around
the house, but it sits on a sidehill knoll, the land rolling off into
open fields on three sides. It's a little stark; there isn't enough
demarcation. What the place really needs is a stone wall here and there
to organize the open space." [5] Jerome
is about to become a stone fence builder. He considers and rejects the
idea of hiring someone to tear the old stone fence down, move, and reconstruct
it where it will improve the aesthetics of his little farm. Rather than
hire out the job he decides to do it himself, even if it is an "awful
job." [6] "I had to try it. I owned
a small tractor; I'd get a wagon to pull behind it, haul the rocks out
of the woods myself. I'd find some old-timer to teach me the basics
of building stone walls, then proceed on my own. I'd get inside this
elemental task, examine it, master it. I'd take my time at it, take
years if necessary. . . ." [6]
Jerome sees the decision to build the stone fence as being a "contrarian"
impulse: the job is awful but he'll do it rather than hiring it out.
He knows himself to be a "frenetic" person and sees in building
the stone fence a contrary nature, a gradual, slow work.
[6] Jerome recognizes an element of "perversity" in
this fantasy of stone building but it doesn't deter him.
[7]
One might see in the straightforward way Jerome talks about
fence building, the building blocks of an approach to ethics:
"[E]ach wagonload will push
the length of the wall ahead by a couple of feet, a satisfactory inchwork
progress across the field." [7]
"Simple, but not easy. You
put the stones where they go: where they fit (sit solidly, securely
link the stones on which they rest, provide a proper bed for the stones
to come), and where they are needed (to fill out the dimensions of the
wall you have imagined). You just have to learn to see where they go,
how they fit. [7-8]
"Twenty years ago Chris and
I lived in the city, working for magazines, swept up in that jokey,
aggressive, distracted life: wrestling with words and paper in tall
buildings under fluorescent lights." [11] They
leave this world and try to work their way "back into a more accurate
alignment with the physical world. . . ." [12]
The decision to leave the city "was less a moral or esthetic
choice than simple burn-out, that dreadful combination of fatigue and
despair." [32] Jerome talks of a "city
disease" he calls "pushing against time."
[33]
"Spring won't settle in, winter
won't unclamI can't get into the woods to haul new stones until the
snow goes; I can't extend the wall anyway until I dig new footings,
and the ground is still frozen." [1]
What makes one stone wall better
than another? "I'm looking for field walls, the raw stone piled
the best way it will fit and stand. There are plenty of those, too,
some clearly finer than others, but I can't yet quite see why. The stones
fit better, that's all, the only criterion I can puzzle out. . . . The
problem is figuring out what I am looking at, or looking for. It is
a problem I have had in other areas." [13]
Jerome raids an old abandoned stone
wall, located in the wrong place and falling down, four hundred yards
from the house. Removing the stones from the old wall Jerome reflects
on the quality of the old wall. "The way some stones had been placed
just make more sense than others. I began to notice places where my
predecessor had done a good job, and where not."
[57] "I still couldn't say what it was that I was seeing.
Working with stones holds you at the level of the absolutely specific;
generalizations are beside the point." [57]
"There's no need to go at
this as if you're killing snakes, you know; it isn't going to get finished
in an afternoon; you might as well come to understand the process."
[14] "Taking more care tricked me nicely
into taking more time. . . ." [14]
When he begins the work, and starts
shoveling the foundation, it "sprinkled a little sobriety over
my fantasies." [14]
"This stone work business
was turning out to be more complicated than I planned."
[16]
After the first wagonload of stones
gets moved from the old wall to what will become the new one, Jerome
says: "Only twelve or fifteen revelations in that first load of
stone: aspects of this project I had grossly underestimated or improperly
conceived, matters I had insufficiently considered. About one discovery
per stone, each of which represented a succession of problems -- to
be solved, mostly, by application of force, although the problems of
selection and placement also required something else, some other kind
of force -- of intelligence, or judgment--that I didn't yet quite have
available." [22]
Building the stone wall draws Jerome
to books on stone wall building. [13, 16, 30- 31, 57,
58]
"Stone work does keep reminding
me, mystifyingly, that I am male; feeling male is also not a state I
am comfortable owning up to. Very little else that I do calls gender
to my attention." [20] Later, Jerome points
out that men and women may talk about craft differently.
[58-59]
The stone work "fills an unacknowledged
need." [20]
Jerome says he has known from childhood
that there is a difference between those who can do things and do them
well and those who cannot. While shoveling the ditch for the footing
of his first stone wall, Jerome recalls shoveling with his stepfather.
"We did a lot of shoveling together, Ott and I -- drainage ditches,
fencepost holes, gardens. He was good at it and I, at age twelve or
fourteen, was not. This gulf was the source of endless frustration between
us, my skills insufficient for the tasks he set, his skills setting
an impossible standard. But then all was gulf between us anyway."
[20]
After ruminating on his relations
with his late stepfather and the kind of skills he had, Jerome admits
that stone work is like a "psychiatrist's couch." [21]
On his efforts at carpentry work:
"I lack confidence that my carpentry will ever work out, go at
it slapdash in order not to waste time on failures, cut corners out
of cheapness -- and watch the prophecy fulfill itself." [21]
"I dimly glimpsed that there
were skills to acquire, and tried to avoid hurting myself until I acquired
them." (22). Being a "competent" wall builder is "a
figment of my twitching imagination. . . ." [33]
After finally getting some stones
to fit and getting the wall under way: "I didn't have any idea
how I'd done it, exactly. . . ." [23]
"There is also the sizeable
problem, on any given day, of getting started. It's as easy not to start
stone work as it is not to start anything else." [30]
"The wall is by definition
a loose structure, but the more tightly you can pull it together, the
more satisfactory it's going to be. After a while you don't think much
about the wall's size and shape because you're busy trying to tighten
it up, fill all the holes. You stare, your head aswarm with the shapes
of the holes you want to fill and the shapes of the stones available,
looking for a match, and then for a better match. You sort stones endlessly,
dreaming of the one that will sit most securely on what's belong, most
fully take up its allotted space. Stacking becomes obsessive. I find
myself trying to get a better fit even when I'm loading stones into
the wagon." [30]
"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." [31]
"There's rhythm enough to
stone work if you can find it, a natural swing: stone snatched into
the pair, pivoted into position, deposited into place. Some days you
have to feel around, hunting with limbs and joints, to find the timing.
It teases you: the closer you come to getting it right, the easier the
work will go. Somewhere, always just out of reach, there is the stone-work
equivalent of hitting the sweet spot, that magic alignment of forces
and masses that gives maximum result for minimum energy." [38]
"Rhythm definitely soothes (rock-a-bye baby); it also haunts,
its presence organizing the world, its absence, when I need it, throwing
all into chaos." [44-45]
During the summer the wall "nagged"
at him. [57]
Jerome doesn't try to inflate what
he is doing, referring to it as a "personal indulgence, worked
on in fair weather, at as slow a pace as I chose." In moral, ethical,
practical terms, it was "an entertainment: play, not work."
[59]
At times he has trouble talking
about stones and wall work. [57-59]
"The physical epiphanies available
in working with wood and metal and stone are no different from those
other little instants when some flicker of truth comes in." [109]
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