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Indiana Judges Association: Judges need to take control of cultural standing

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ija-dreyerInternet meme (pron.: / ’mi:m/MEEM): a concept that spreads from person to person via the Internet. Meme was coined by Richard Dawkins in his 1976 book “The Selfish Gene,” as an attempt to explain the way cultural information spreads; Internet memes are a subset of this, specific to the culture and environment of the Internet.

Have you ever Googled “lawyer dog”? If you do, be prepared to see a limitless line of websites all featuring identical photos of the same canine seated behind his desk, along with various one-liners related to the law, dogs and just silliness. (“The judge is a man? We’re golden. I’m man’s best friend.”) Such phenomena are presumably what people mean when they mention the word “meme.” Although it was originally invented as a pseudo-academic name for social symbols, words or ideas that emerge and represent part of a culture (like the peace sign), it has apparently been appropriated by humans’ computer habits. Some thinkers now believe the Internet is the only way that memes, or any cultural activity, are invented, perceived or have any impact on people. On the other hand, many avid Internet activists today use “meme” to merely describe anything that is currently popular on the Web. Some consider memes as just updated versions of stereotypes, only spreading much quicker. But here’s the problem: What if the meme becomes the message, that is, becomes so ubiquitous that it gets stuck in everybody’s mind – whether we like it or not – or whether it deserves to be?

Sometimes meme activity just happens in speech and practice, like using “Google” as a verb. Commentators sometimes use “meme” to characterize broad popular images, like a quarterback dating a cheerleader or a judge who is male with gray hair. More commonly, running Internet jokes, forwarded photos, satirical YouTube videos, open-ended questions and posted answers, etc., all creep into some part of our public observation and thinking. Hence, “lawyer dog” and the like. When this happens, no one yet knows the result. The Economist, a leading international journal, recently featured studies implying memes not only affect individual behavior, they shape entire societies.

Lawyers and judges are prominent meme creators. In fact, the language of law itself is perhaps the ultimate meme:

“All men are created equal.” But not all memes are created equal.

“Life, liberty and the pursuit of happiness.” Couldn’t they have added “regular vacations” as well?

“Right to remain silent.” If only more lawyers would take advantage of this.

“I cannot recall at this point in time.” 1970s Watergate lawyers developed this perjury-avoidant answer for clients testifying to Congress. It is still heard by judges every day.

“I know it when I see it.” Yogi Berra could not have said it any better.

The non-lawyer world unfortunately has found its own legal memes, and they are not as entertaining as “lawyer dog” sites. In fact, they should serve to alarm us, especially considering the instant power of memes. Pondscumandlawyers.com is a fairly typical example. It routinely ridicules lawyers with a different joke each day. The website is not necessarily popular, but its method is pervasive. The basic lawyer meme is anything that shows lawyers as rude, greedy, arrogant or just plain dishonest. This means that lawyers and judges are culturally misperceived. For lawyers, this may not be such a serious issue because clients and fees will come as long as there are people with problems. But the world depends upon public confidence in judges – and judges can do little to control the meme effect of the Internet.

The good and bad news is that Internet memes can be created and spread by anyone. So why shouldn’t we judges create memes to control our cultural standing? For example, why not post a succinct video of a judge talking about his or her job? It should promote a meme-like slogan, like “We’re judges, but we’re not judgmental.” Maybe we can spread the stories of judges who have given their lives in Mexico and Eastern Europe, in the name of justice, by finding an image of one grieving relative and asking for public comment? Perhaps we try to start a popular legal blog and forum where real judges answer questions about the system, what it’s like to be a judge, etc. As far-fetched as it can appear to those of us who were trained by actual books, the world today learns as much from Internet memes as anything else. Whether we like it or not, we judges risk peril if we avoid these realities.

All in all, law will not be decided by the Internet – at least not yet. So judges and lawyers will still have to think, write and argue just as before. Memes are part of our cultural experience and can form the basis of contemporary thinking. But law is more than contemporary culture. Judges may have to proactively market an accurate image to the public, but memes will never take the place of a fact well-proven or a judgment well-reasoned.•

__________

Judge David J. Dreyer has been a judge for the Marion Superior Court since 1997. He is a graduate of the University of Notre Dame and Notre Dame Law School. He is a former board member of the Indiana Judges Association. The opinions expressed are those of the author.
 

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  • Point Smith
    I concede, point to JS this round!
  • Less marketing more truth
    No lawyers are not the source of political correctness movement. Who is? I don't know for sure, but here is what William Lind says http://www.academia.org/the-origins-of-political-correctness/ As for who is the source of greed, the hallmark vice of lawyers, is it not our fallen nature? And the lawyers & politicians that founded this republic and disseminated such memes as "all men created equal" etc. down the decades right on up today, were not so much lawyers as plutocrats, marketing strategic wars for dominion in order to enlist the gullible colonials as cannon fodder. Maybe we need less memes and marketing and clever stuff like that and more plain simple Truth & Justice. As for who first told me there was no such thing as truth I recall that was a professor. Back to Bill Lind...
    • Caution, your honor, assumptions can make ...
      "The basic lawyer meme is anything that shows lawyers as rude, greedy, arrogant or just plain dishonest. This means that lawyers and judges are culturally misperceived." ASSUMPTION: That most lawyers and judges are just as reported. It that justified? What has the rise of the legal class since WWII done good for America? Has not our profession brought much of the modernist ills in governance, and is not most government corruption, financial or ideological (i.e. PC movement) not the fault of attorneys, by and large? Here is what Old Slewfoot has to say about that, and he is quite the expert witness: http://www.youtube.com/watch?v=z6bC9w9cH-M

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      1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

      2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

      3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

      4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

      5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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