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Dominick Graziano has degrees in biology, philosophy and law. He is a member of the Florida Bar, and is Of Counsel with the firm of Bush Graziano Rice & Platter, P.A., www.bgrplaw.com.

Saturday, November 25, 2017

Anger, A Useful Tool or An Emotional Waste?

The Wrath of Achilles by Michael Martin Drooling, 1810

The New York Times recently reported on the rise of “anger rooms.” According to the article you can now go to clubs in many cities around the world for the sole purpose of expressing anger by smashing things, breaking things, and more or less letting it all out.[1] Clubs, baseball bats, hammers and other assorted objects are made available along with plates, bowls, windows and effigies of your least favorite political figures for the bashing. Many participants reported feeling better by manifesting their anger physically. But in everyday life we cannot typically engage in physically expressing our anger. So, what can we do with our anger? How can we develop the virtue of ‘good temper’?

Let’s listen in on Marcus and his students as they discuss anger and its virtuous mean as so called by Aristotle as the ‘good temper.”

“Anger is the poisonous root which overthrows the growth of virtue.” —The Buddha

Elizabeth: “Marcus, tell us, why did you hang up on that lawyer earlier?”

Maureen: “Marcus, you hung up on another lawyer!? Marcus, you always taught us to be more respectful than that!”

Jacob: “So Marcus, you’re human after all.”

Audrey: “That must’ve been fun to watch. I’ve never seen Marcus angry.”

Marcus: “I’m glad to see I’ve become a source of entertainment for you all. And yes, I did hang up on another lawyer, but I wasn’t angry. Getting angry involves losing control. And if anything, I was in complete control. Despite what Elizabeth might’ve thought.”
Elizabeth: “I don’t know if you were angry, per se, but you weren’t happy.”

Maureen: “Nonetheless, it does sound disrespectful, Marcus.”

Marcus: “There’s a lesson here, if you’ll listen.”

Audrey: “Okay, okay, regale us with your tale of how hanging up on someone was not an expression of anger, and how you were in complete control.”

Marcus: “This lawyer and I are on opposite sides of a very heated case. I began to convey to him that he wasn’t being forthright about the facts in our case. He responded by yelling at me. I told him that if he didn’t stop I was going to hang up. He continued yelling. I gave him one more warning and, yet he continued. The conversation was unproductive, so, I hung up.”

Audrey: “So, in essence, you called him a liar. He then became angry, and started yelling at you. Sounds justified to me.”

Marcus: “I didn’t use the term “liar,” but even if I had does that justify an angry response like yelling at your opponent?”

Elizabeth: “Nope, he lost his cool.  As the law is based in logic and rational thinking, there’s very little justification for allowing anger to take control. Allowing anger to take control often causes one to lose focus on the ultimate goal.”

Marcus: “Aristotle said that ‘anger must always be attended by certain pleasure – that which arises from the expectation of revenge. It has been said that anger… “is far sweeter than slow dripping honey, clouding the hearts of men like smoke. It is also attended by a certain pleasure because thoughts dwell upon the act of vengeance, and the images then called up cause pleasure, like the image called up in dreams.’”[2]

Audrey: “I know what you mean, I have a feeling of pleasure or satisfaction when I am able to take revenge upon someone who has made me angry. Of course, I must admit, the pleasure never lasts but I nonetheless savor it, however briefly.”

Marcus: “Audrey, think about what you just said: when someone “made” you angry. That’s the problem with giving into anger, once you give someone else control over your emotions, they’ve won the initial battle. Aristotle believed that some good could come of anger. He felt that it could banish fear and give us confidence to deal with perceived threats. But of course, we should take this commentary in the context of his time, which was likely motivated more by the threat of military escapades, rather than occurrences in everyday life.”

Jacob: “Yes, but didn’t Aristotle also emphasize the importance of ‘good temper’? Which seems to be the virtue we must nurture if we are to control our anger.”

Maureen: “Yes, and if I remember my Nichomachean Ethics correctly, Aristotle thought that one can have too much or too little ‘anger,’ but of course, as always, there is a mean. And for Aristotle the ‘mean’ is ‘good temper.’”

Marcus: “Yes, but I think Aristotle misses the mark on anger. A better guide in the western canon is probably Seneca. He wrote an essay on anger that is worth reading. Seneca called anger “the most hideous and frenzied of all the emotions.”  He, like some of the other ancient philosophers, described it as a brief insanity: “No plague has cost the human race more dear: you will see slaughter, poisoning, charge and sordid-counter charges in the law courts, devastation of cities, the ruin of whole nations… huge tracts of territory glowing in flames that the enemy has kindled... cities of greatest renown, their very foundations scarcely discernible – anger has cast them down into deserts, mile after mile without inhabitant – anger has emptied them all.”[3] Seneca also points out, “[w]e must admit, however, that neither wild beasts nor any other creature except man is subject to anger: for, whilst anger is the foe of reason, it nevertheless does not arise in any place where reason cannot dwell.[4]

Elizabeth: “So there is reason even in the angry man I see, or so I would hope.”

Audrey: “Well, in light of that destruction, I guess hanging up on someone, even if it did come from a place of anger, isn’t so bad. Instead, you were being reasonable by not allowing anger to consume you both.”

Jacob: “Anger has its place, in limited doses, at limited times. But probably not in our profession, which is intended to be a civil practice in logic and debate.”

Maureen: “I’m not sure expressing anger has much use in everyday life either. Best that we tame it, before we lose control of it.”

Marcus: “I agree with you all. I think Seneca said it best, as he likens the expression of anger as the shooting of an arrow. Once the arrow has been released there is no re-aiming to be done, it must run its course. And of course, that means it is beyond the reach of reason. So, there may be times where an arrow is or feels necessary, but regardless, we must deal with its consequences once shot.”

“If virtue proceeds us, every step will be safe.” — Seneca

       “Rage—Goddess, sing the rage of Peleus’ son Achilles, murderous, doomed, that cost the Achaeans countless losses.”[5] Although the rage of Peleus is shown through the battles of the Trojan War, it is the gods submission to their base and shallow appetites which make the Iliad a true reflection of man’s follies. No love is won with anger, only destruction and mutual defeat. Because anger, like any other intense emotion, ends in a quick downfall back into the less adrenaline-pumping norm. It is a high, like sweet food and physical pleasures.

Thus, we come back to the virtuous mean of anger as defined by Aristotle as “good temper.” So, we should not allow ourselves to become slaves to our anger, but rather examine our arising emotions with self-reflection and understanding. If Marcus would have attempted to lull the angry lawyer with reason, as he no doubt attempted, it would have brought more anger, stoking the fire, so to speak. That doesn’t mean Marcus should return anger with anger. Sometimes, it is best to walk away and understand some arguments require a cooling off period. And when that doesn’t work, we have referees in our judges to impose order.  All legal arguments need not be decided by the crashing of the gavel, as many can be resolved by replacing discord and anger with calm deliberate reasoning. Practicing this behavior in law, and in life, nurtures the virtue of good temper.  

 “You will not be punished for you anger, you will be punished by your anger.” — The Buddha


[1]Penelope Green, “Anger Rooms are all the Rage. Timidly We Gave One a Whack.” The New York Times, August 9, 2017, https://www.nytimes.com/2017/08/09/style/anger-rooms-the-wrecking-club.html

[2] Aristotle, Rhetoric, Book II, Part 2, quoting The Iliad, XVIII.

[3] L. Annaeus Seneca, Of Anger, Book I, Part 2

[4] L. Annaeus Seneca, Of Anger, Book I, Part 3

[5] Homer, The Iliad, Book I

Thursday, August 24, 2017

Honor: A virtue, or the prize of virtue?

Virtue Crowning Honor by Giovanni Battista Tiepolo, 1734

          At some point, almost everyone ‘who shows up’ receives an honor. Recognition begins in pre-K and ends with a eulogy. But when are we deserving of honor? Is it ok to seek honors? Let’s examine these questions further as we listen in on Marcus and his students:

“The greatest way to live with honor in this world, is to be what we pretend to be.” - Socrates

Elizabeth: “Marcus, congratulations I see your peers have honored you once again.”

Audrey: “Yes, Marcus another accolade demonstrating that you are highly prized as a good lawyer.”

Marcus: “Thank you, but I'm never quite sure that honors awarded by your peers mean anything more than you have been around a long time, or are merely popular. I plead guilty to the former, but not the latter.”

Jacob: “It sounds like after 30 years of practice, you take these honors for granted, but as young lawyers we strive for them. Even though we don’t have gray hair, we still want recognition that we are good at our craft.”

Marcus: “Some of those honors I received are more well-deserved than others, Jacob. Aristotle argued that properly obtained honors demonstrate that we have achieved certain virtues, for example, courage or magnificence. Therefore, seeking awards or honors can be a motivating force to live a morally upright life. It is as Aristotle would say a 'gift of the virtues'.”

Maureen: “I'm not sure I agree with you there, Marcus, it sounds as if the virtue of honor can merely be reduced to seeking fame or awards. Aren't honor and fame two sides of the same coin?”

Marcus: “'Honor' is a small word, that historically carries many burdens. Sometimes it is joined at the hip with 'fame,' but if honor is recognized as a virtue, and fame is not, then it should protect us from seeking earthly goods like money, leadership positions or power. Let me give you an example. General George C. Marshall was a man who refused to lobby for himself. It was not in his character. When President Roosevelt asked him directly, more than once, if he wanted to command the D-Day invasion during World War II, a role he relished and was qualified for, he could only answer that it was the President's decision.[1]
General Marshall earned many honors during his life, but would never seek them out, and certainly not ask for them. So President Roosevelt famously gave the position to General Eisenhower who went on to achieve both fame and honor. There are probably few men more honorable in American history than General Marshall, but too few today remember him;, while everyone has heard of  Eisenhower. According to Aristotle, honor is the object of two virtues, ambition and high-mindedness. General Marshall was certainly high-minded, but was not ambitious enough to seek command of the D-Day invasion. Ambition directed by virtue motivates us to do good and by happenstance that might lead to fame. So sometimes fame accompanies honor, but they are not always two sides of the same coin.”

Elizabeth: “So is it correct to say that Aristotle thought proper ambition can be a motivating force moving us towards virtuous action, thereby rendering us more worthy of honors?”

Marcus – “I think that's the way Aristotle would view it. He said that the virtuous seek "only honors that are great and that are conferred by good men...but honor from casual people and on trifling grounds, [the proud man] will utterly despise, since it is not this that he deserves."[2] In this regard he is similar to Plato, who believed that virtue is an indispensable ingredient of happiness and he included honor amongst those "good things." The virtuous man will seek honor in the right way.

Maureen: “But the type of honor we are talking about can only be awarded by others, and therefore, I don't see how it can be a virtue. It is something for which we have very little, if any control over.”

Audrey: “I think Maureen makes a good point, Marcus. I think it's possible to live an honorable life, but never have honors bestowed upon you. That does not mean you are not worthy of honors, but for whatever reason have just never been recognized for them. Not everyone can receive awards, otherwise they become meaningless, but everyone can live a life deserving of honor.”

Jacob: “Yes, we all know of circumstances where an honor is bestowed upon someone who is not deserving of it, and many who are deserving of such honors never receive them. Not all honors are distributed fairly.”

Elizabeth: “Nonetheless, as a self-governing profession lawyers are motivated to act ethically, because we know that our failure to do so can result in negative reviews by colleagues and peers, or even disciplinary action. In this way, we seek respect, which is a type of honor.”

Marcus: “Whether you are awarded honors by your peers or not, remember that public honors can often be misplaced or even wrongly withheld. However, that should never dissuade you from doing what is honorable, which might also include seeking worthy honors from your peers. ”

Elizabeth: “So Marcus, are you worthy of the most recent award from your peers.”

Marcus: “I will let the peers speak for themselves.”

“Confidence… thrives on honesty, on honor, on the sacredness of obligation, on faithful protection and on unselfish performance. Without them it cannot live.” – Franklin D. Roosevelt

        To be confident, you have to understand the honors bestowed upon you. Upon thoughtful examination, each person knows whether they are worthy of an honor. To have an honorable career, that is being worthy of honors in your profession, you must recognize that some honors we receive are not truly earned or are better bestowed upon another. We all know it would be honorable to reject a reward of honor by stating a truth. This would require courage, proper ambition, truthfulness, proper shame, righteous indignation, and almost all of Aristotle’s 12 virtues.  This is the point of honor. Honors should only be bestowed upon and enjoyed by the virtuous. Next time someone gives you an honor or pays you a compliment for your work, be sure to give credit where credit is due, even if that means proper recognition of yourself.





[1] As recounted by David Brooks in 'The Road to Character'
[2] Aristotle, The Nichomachaen Ethics, Chapter 3

Sunday, June 18, 2017

Pride - Virtue or Vice?


ERCOLE GRAZIANI JUNIOR (Bologna, 1688 - 1765) 

The Pride Offending the Virtue


In the latest film version of Jane Austen's classic 'Pride and Prejudice', the heroine asks her love interest Mr. Darcy: "would you consider pride a fault or virtue?" It is a question which draws strong opinions on both sides, at least in Western culture. Aristotle considered pride the "crowning virtue." Whereas the Judeo-Christian tradition considers it one of the seven deadly sins – the only one of Aristotle's virtues which falls into that unsavory category. So which is it? Is pride a fault or a virtue?

Let's listen in on Marcus and his colleagues as they debate the issue.

"Vanity and pride are different things, though the words are often used synonymously. A person may be proud without being vain. Pride relates more to our opinion of ourselves, vanity to what we would have others think of us." - Jane Austen, Pride and Prejudice

Marcus: "Elizabeth you look very pleased with yourself today. Where have you been?"

Elizabeth: "I just got back from the courthouse. Another motion hearing, another victory. You should be proud of me Marcus, that's five wins in a row."

Marcus: "Why should I be proud of you?"

Elizabeth: "As my mentor, you should take some credit for me becoming a successful lawyer. You have taught me how to conduct myself in court, and how to effectively present legal arguments."

Marcus: "Well even if all you say is true, your success is not something that I take pride in."

Maureen: "Marcus, that doesn't make any sense. As Elizabeth explained, but for your guidance and teaching, she would not enjoy the success in the same way. We all want you to be proud of us in that way."

Jacob: "Yes Marcus we all feel that way. Why don't you take pride in it?"

Marcus: "To answer your question, we must explore 'pride', what it is and what it is not. Aristotle said "…the man is thought to be proud who thinks of himself as worthy of great things, being worthy of them…."[1]

Audrey: "If I understand that correctly Marcus, the truly proud man is justified in his view of himself. He not only thinks himself worthy of great things, but also is in fact worthy of them. This seems to be different than vanity, which is unjustified pride, or rather false pride."

Elizabeth: "Yes that seems a fair understanding of Aristotle. But I think there's more to it than that. For Aristotle, pride is a self-referential virtue. In other words, the justifiably proud man does not display his pride, because he does not boast of his achievements. By contrast, the vain man wants us to recognize and acknowledge him well beyond his worth."

Maureen: "Yes, I think that's true, and if I remember from my reading of Aristotle correctly, the awareness that one possesses excellences not shared by many, makes one stand out among the crowd, even though he never speaks of them."

Marcus: "Indeed, Aristotle said that the man worthy of pride is not a gossip, and he will speak neither about himself nor about another, since he cares not to be praised nor for others to be blamed."[2]

Elizabeth: "Okay Marcus, I think I'm starting to get it. First, you can't feel pride for someone else's accomplishments, because those accomplishments and efforts belong only to the person who has made the effort to achieve those good things. Second, it would be vain for you to take credit for my accomplishments. In other words, it would be false pride, as you did not achieve them yourself. I could have squandered your teachings and failed to utilize them in my career."

Marcus: "I agree with you Elizabeth, but there is more to 'pride' for Aristotle. Aristotle claimed that ‘pride… is a sort of crown of the virtues; for it makes them greater, and it is not found without them.'"

Jacob: "Now that I don't understand, Marcus. How can pride be the crown of the virtues for Aristotle, but also one of the seven deadly sins in the Judeo-Christian tradition?"

Audrey: "Yes, 'pride' is not well thought of in our culture. We've all heard the saying ‘pride goeth before a fall.’"

Maureen: "And in my reading of the Bible, I must say, there's never anything good said about pride. But I think I can explain why."

Audrey: "I'll have to defer to you on that Maureen, I can't remember the last time I read the Bible."

Maureen: "In the Judeo-Christian tradition, God is to be honored and praised. When good things happen to you, it is from the grace of God, and he, or she, should get the credit. Humility is praised, not pride."

Marcus: "I am not a biblical scholar, but that makes sense to me. It's also consistent with Aristotle's view of humility. A person who is worthy of great things, but doesn't consider himself so, is unduly humble according to Aristotle. For him, that is a defect of character."

Elizabeth: "Marcus, I'm intrigued by Aristotle calling 'pride' the crown of the virtues. Does he mean that if we are able to achieve and live by the other virtues that we should be proud of that? In other words, is that the ultimate goal?"

Marcus: "I don't know whether Aristotle would say it was the ultimate goal, but I think he considered it the virtue that drives us towards perfection. In modern parlance, we may take pride in our accomplishments when we do the best we can, and then pride is justified. So for Aristotle, the virtuous man is inherently 'good,' and for that he is justified in being proud. He has earned it."

Audrey: "That is something my parents drilled into me. Always do the best you can. I never thought about it in terms of pride, but now that makes sense. They never encouraged me to take credit or receive honors for something that I was not worthy of."

Jacob: "You mean like just showing up, and they give you a trophy? Participation trophies."[3]

Audrey: "Exactly!"

Marcus: "So Elizabeth, did you do your best at those motion hearings?"

Elizabeth: "I prepared. I argued well. But honestly in two of those hearings the other side wasn't prepared. It was obvious. So, I think I got lucky on a couple. Also, it seems that whenever I leave a hearing, I think of things I could have done better. So I do not think I always did ‘my best.’"

Maureen: "But that is part of the learning process. We are never perfect. The mere fact that you reflect on your performance shows that you are trying to do your best. As lawyers, there is so much that is out of our control. We cannot control the judge, the jury or our clients. Even if we lose a hearing, or a client is disappointed in a result, doesn't mean we didn't do our best."

Marcus: "Maureen makes a good point. Even in losing we can feel pride, if we did our best. And sometimes in winning, we might not claim being justly proud because the result was not based primarily on our performance. In those circumstances we learn true humility. In any case, don't look to others for praise when you do your best, look in the mirror. "

"I do not care so much what I am to others as I care what I am to myself."-Michel de Montaigne

Pride can easily be understood as the crown of all virtues, if one comes to understand as Aristotle did, that it is an internal virtue, earned when achieved by making your best efforts to be virtuous. Like all of Aristotle’s twelve virtues, you must find the virtuous mean. There can certainly be unearned, boastful pride or the in-eloquent humble braggart, but we know when that pride is earned chest-puffing is unnecessary. To answer the question on whether pride is a virtue or a fault, like the other virtues we have examined here, it depends how you use it. Lawyers work in both a hated and admired profession. Pride may be the key to understanding both opinions. Hated for our arrogance and our greediness, admired for our achievements. But we know not all lawyers are arrogant or greedy, as much as we know many boast false pride. It is important for us to keep this in mind when appearing in a professional setting, filing a motion, writing an email to a client or telling your partner what a great job you did. Pride is a virtue if we use it as a motivational force, and  if we keep it in check.




[1] Aristotle, The Nicomachean Ethics, Book IV, Chapter 3.
[2] Id.
[3] In his book, Restoring Pride:The Lost Virtue of Our Age, the philosopher, Richard Taylor, sets forth an unvarnished argument for restoring the virtue of pride in our culture. For Taylor, pride is 'justified self love', and he uses Socrates, Beethoven, Picasso and others as exemplars of justified pride. It is Taylor's contention, reminiscent of Nietzsche, that cultivating pride allows one to 'view one's life as a work of art.'