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Mar 4, 2019

Dealing with incommensurability after police shooting

Congrats, you were not afraid of the word. Incommensurability is an old term meaning that two theories cannot be reconciled with each other. Lyotard took it a little further and shown how some discourses are just not compatible with each other and cannot be translated. I thought about this word ever since the OJ trial, when it became apparent to me and many others, that in America certain discourses are just incommensurable. People see the same story and weigh the same evidence, but come to opposite conclusions.

Take the case of Stephon Clark, an unarmed African-American young man killed by two police officers in March 2018. The officers, it was announced recently, will not be charged, because they truly believed he had a gun (it turned out to be a cell phone). Over this weekend, the two stories have become absolutely incompatible. On one side – the legal system has spoken, the two cops truly believed it was a gun, because they checked with each other, “are you hit?” Tragedy, yes, but no criminal intent or conduct. On the other side is the simple intuitive considerations of justice. Do you mean to tell me that it is OK to shoot someone’s son, brother, and father 20 times, including six times in the back; shoot him for nothing, and it is not anyone’s fault? The most striking consideration that may be lost on those living outside the US is this: the story keeps happening again and again, and again, for many years, in many different cities, and every time it is “a tragic mistake.” It rarely happens to Whites or Asians, and disproportionally more often to Black men.

Our President was planning to do a town hall meeting today, and it would have been completely tone deaf if he did. He was wise enough to replace it with a series of political art performances, by a rapper called Consci8us, by a student theater and dance groups. Jacob Neusner, a Jewish theologian, has shown years ago that way to bridge the incommensurable discourses (such as Judaism and Christianity, in his case) is through story-telling. The mediation removes the need to agree with one or the other discourse, but allows relating to the other through one’s own life experiences. There was nothing one could have said on the substance of the case. To say, “The decision is correct, no one should be charged,” offends an entire community. To say, “They should have been charged,” questions the legal system. Instead, the President gave the opportunity for those voices frustrated by this and many similar decisions to speak in public. It is the best, the most responsible thing to do in his position.

And of course, there is another, more long-term way of dealing with the incommensurability of discourses. It has to do with changing the life experiences that make the two discourses so different in the first place. Many systemic reforms were discussed for years, but never seem to be implemented. Why do the police officers start (not end) a confrontation with a deadly weapon? Can they be asked to use tasers first, even if they believe there is a weapon present? If it gets to shooting, why are they not trained to stop after one shot and re-assess the situation? After all, many bullet shots are survivable, but not 20 of them. Is there any way to reduce the subconscious bias, when a Black man triggers such a sense of danger, while a similarly positioned White dude does not? I know it is hard, but has someone tried? We have some good techniques for anger control, for example, is there something out there for fear control? And of course, the big political issue is this: Cops are so jumpy, because they know how many handguns are out there. If they thought it would be a rare exception, they would be more able to control their own deadly fear. You do not need to take away all handguns, just significantly reduce free access to them to make that intuitive statistics work differently.

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