Workplace bullying, worker dignity, and therapeutic jurisprudence: Finding my center of gravity, Part I

The process of retrospection may sometimes yield soggy nostalgia, confusion, or even regret. On other occasions, it delivers a surprising dose of clarity. I experienced a big chunk of the latter, when — and apologies for the cliché — a random trip down memory lane reminded me of the origins of, and connectivity between, so much of the work I’m doing now. I forewarn readers that I’m going to use this post to ponder about this and meander a bit.

Recently I retrieved from my bookshelves Mark Satin‘s Radical Middle: The Politics We Need Now (2004). Mark is a political author, lawyer, and one-time 60s anti-war and left activist whose writings evolved to a place that he called the “radical middle.” I bore witness to a piece of his political transition. From 1984 to 1992, Mark wrote and published an independent, left leaning but “post-liberal” political newsletter titled New Options. I was among his subscribers, and I found it to be a thought-provoking publication.

However, at 46, and after many years of writing and editing New Options, Mark sought to have a greater impact within the mainstream. He figured that law school would give him some insights on how the worlds of law, policy, and commerce operated, so he set his sights on obtaining a legal education and earning a law degree.

This is how paths can cross in person: In the fall of 1992, I was starting my second year as an instructor in the first-year legal skills program at New York University School of Law, my legal alma mater. I looked at my class list and saw the name “Mark Satin” on it, and I soon confirmed he was the very person whose newsletter I had read. This connection led to many conversations about legal education, politics, and the future of the country.

During his second year at NYU, Mark asked me to supervise an independent study project that he had been contemplating for some time. Always attentive to emerging social and political trends, he wanted to write about the growing confluence between law and psychology. He envisioned putting together a broad-ranging paper that surveyed and analyzed law and psychology linkages in many different aspects of legal thought and practice. I agreed to oversee the paper despite that I only a mild curiosity in the topic that Mark had described. I saw law & policy through a primarily political lens, and while I didn’t disregard the role of psychology informing legal doctrine and practice, it wasn’t a front and center perspective for me.

With characteristic determination, Mark dove into his research project, and eventually producing a law review article, “Law and Psychology: A Movement Whose Time Has Come,” published by the Annual Survey of American Law, one of NYU’s student-edited law reviews. (Unfortunately, there is no open online access to this article.)

After graduating from law school, Mark did go mainstream, at least for a short while! For several years he became a commercial lawyer, working for a New York law firm. But the writing/newsletter/policy wonk side of him couldn’t be suppressed for long. Furthermore, Mark’s political worldview was evolving in a direction that he would call the “radical middle.” And so in the late 90s he launched what would become the Radical Middle Newsletter, which he would write and publish from 1999 to 2009. (You may access the newsletter archives here.) He would also author his book, Radical Middle, which was published in 2004.

Although my own political outlook was somewhat to the left of Mark’s, I agreed to join his first board of directors and then later would slide over to his advisory board. During this time, Mark started writing about stuff that I was discovering independently. You see, my work on workplace bullying and dignity at work was drawing me to the law and psychology perspective that he had championed in his law review article. Among other things, Mark wrote feature articles for Radical Middle discussing therapeutic jurisprudence (here), “rankism” and human dignity (here), and workplace bullying (here).

In one of his last Radical Middle pieces (here), he highlighted my 2009 law review article, “Human Dignity and American Employment Law:

At the risk of sounding immodest, I think my article (pictured at the top) still holds up well. It remains the best articulation of my beliefs of what our system of regulating the workplace and resolving employment disputes should look like. (You may download it without charge, here.)

My political center of gravity is still more left than center, and in many ways I’m an old-fashioned liberal. (Indeed, it makes sense that for many years, I’ve been on the board of Americans for Democratic Action, an old-fashioned liberal advocacy organization.)

But these deep themes of psychology, human dignity, and societal & individual well-being now frame my outlook on the making, implementation, and practice of law and public policy. Furthermore, the overlaps between Mark Satin’s “radical middle” and my back-in-the-day brand of liberalism appear to be many, at least if my other affiliations with the workplace anti-bullying movement, therapeutic jurisprudence movement, and human dignity movement are any indication. Perhaps this also means that while political labels matter at times, maybe the distinctions between them aren’t as sharp as we sometimes imagine them to be, at least at their respective margins. 

To be continued…..

One response

  1. David, I forwarded this Post to NAGE’s General Counsel, Gina Lightfoot Walker. I hope she reads it and contacts you. I think that she is at the point in her development as General Counsel where she can expand her vision beyond the usual labor relations defensive posture. Greg

    On Fri, Feb 22, 2019 at 8:49 PM Minding the Workplace wrote:

    > David Yamada posted: ” The process of retrospection may sometimes yield > soggy nostalgia, confusion, or even regret. On other occasions, it delivers > a surprising dose of clarity. I experienced a big chunk of the latter, when > — and apologies for the cliché — a random trip dow” >

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