On being restlessly patient in advancing positive law and policy reforms

A piece in the current issue of the Economist, the venerable British news magazine, resurrects the tax policy positions of Henry George, an author and political economist who built a worldwide following during the last half of the 19th century:

ON A trip to New York in the late 1860s the journalist Henry George was puzzled. He found the rapidly growing city to be a place of unimaginable wealth. Yet it also contained deeper poverty than the less-developed West Coast. How could this be? George had an epiphany. Too much of the wealth of New York was being extracted by landowners, who did nothing to contribute to the development of the city, but could extract its riches via rents. The problem could be solved by a tax on land values.

George’s subsequent masterpiece, “Progress and Poverty”, sold more copies in America in the 1890s than any other book except the Bible. It spawned campaigns for land-value taxation around the world. It also inspired a board game, “The Landlord’s Game”, a precursor to “Monopoly”. The game was designed to show how property markets naturally tend towards monopolies in which one player can extract all the rent.

Examining the current state of tax policy, the Economist concludes that a stronger reliance on land taxation might be a good thing.

I’ve been interested in George’s land tax proposal ever since reading about it in Robert L. Heilbroner’s The Worldly Philosophers: The Lives, Times, and Ideas of the Great Economic Thinkers back in college. (Heilbroner has passed, but his book — last revised in 1999 — remains, in my opinion, the most engaging, lucid, and accessible introduction to the history of economic thought.) As the Economist piece suggests, Henry George’s ideas would fade into obscurity. They have been kept alive by a small but determined band of economists and social activists, coalescing around a group of independent Henry George Schools dedicated to providing continuing education and scholarship about Georgist economic principles.

But the purpose of this writeup isn’t to convince you, dear readers, on the merits of Henry George’s taxation theories, even though I believe they are worth considering. Rather, it’s to point out that important ideas about law reform and public policy sometimes take years to percolate, in some cases beyond our lifespans.

With that reality in mind, I have favored an attitude of restless patience in advocating for desired changes in law and public policy. In this context I think of restless as being dissatisfied with the status quo. I think of patience as being smart, persistent, and determined. I have had to give myself this advice on at least three areas of law and policy reform very dear to me:

Workplace bullying and law reform

Some 20 years ago, my first law review article on the legal and public policy implications of workplace bullying was accepted for publication, and it would be published by the Georgetown Law Journal in 2000. Among other things, it surveyed potential legal protections for targets of workplace bullying under American employment law and found them wholly wanting. I proposed the parameters of what would become a model workplace anti-bullying statute, eventually dubbed the Healthy Workplace Bill (HWB).

For some 15 years, the HWB has been the main template for law reform efforts concerning workplace bullying, but it has not yet been enacted in its full form by any of the 30 states in which it has been introduced. However, in recent years we have had some breakthroughs, with several states and municipalities enacting workplace bullying legislation and ordinances drawing heavily from the language of the HWB. Unions and government entities are also using the HWB language to collectively bargain over workplace bullying concerns and to design internal agency employment policies.

Here in Massachusetts, we continue to work hard to make our state the first one to enact comprehensive workplace anti-bullying legislation. The HWB once again stalled in the just-completed session of the MA legislature, despite dozens of legislative sponsors and a positive report out of the committee overseeing it.

Advocacy work can be frustrating and sometimes demoralizing. But if you believe deeply in something, you keep going. Maybe you change strategies or tactics, but you persevere. And come January, when the 2019-20 session of the legislature begins, we’ll be ready to go.

Like an unwanted holiday fruitcake

In 2002, the Connecticut Law Review published my article on the legal status of interns, in which I looked at the burgeoning intern economy and concluded that many unpaid internships are running afoul of minimum wage laws. I hoped that the piece would quickly stir some interest, but for many years it pretty much sat there, like an unwanted holiday fruitcake.

This changed when a writer named Ross Perlin authored the first comprehensive examination of the explosive growth of unpaid internships, Intern Nation (2011). He referenced my 2002 law review article and called it “the single best source of information for American internships and the law.” (Thank you again, Ross, for pulling my article out of depths of Westlaw and Lexis-Nexis.) One of Ross’s readers, Eric Glatt, chased down my law review article and concluded that his unpaid internship with Fox Searchlight Pictures just might’ve been in violation of minimum wage laws. Eric would become the lead plaintiff in a federal lawsuit seeking compensation for that internship.

To our disappointment, federal courts have not been friendly to these claims brought by unpaid interns, adopting a very pro-employer legal test for exempting interns from the minimum wage. However, the door has not been completely closed on such legal claims, and the considerable publicity generated by these cases has caused many employers to opt to pay their interns. The debate over unpaid internships, once a non-existent one, continues to reverberate in business and legislative settings.

Should law be therapeutic?

In recent years I’ve allied myself with a much broader effort to change our laws and public policies, an interdisciplinary field of philosophy and practice called therapeutic jurisprudence. “TJ,” as it is commonly referred to, examines the therapeutic and anti-therapeutic properties of laws, legal systems, and legal institutions. It favors outcomes in legal disputes and transactions that advance human dignity and psychological well-being.

TJ was founded in 1987 by two American law professors, David Wexler and Bruce Winick. Although it has grown into a global network of scholars, lawyers, judges, and other practitioners, it has yet to enjoy a mainstream presence in legal academe or legal practice. To help expand TJ’s influence, we have formed a new non-profit, membership organization, the International Society for Therapeutic Jurisprudence. I am serving as the ISTJ’s first board chair.

I hope that someday, sooner than later, TJ will be recognized as a primary framing theory for the design and application of the law. In the meantime, I find myself inspired by that cohort of scholars, educators, and activists who have kept the flame of Henry George’s ideas alive for so many years.

On being restlessly patient

Indeed, I’d like to think that the spirit of Henry George is pleased to see his ideas about land taxation knocking on the door of greater mainstream reception. Of course, in my case I’d rather not wait for some 130 years to see workplace bullying laws widely enacted, interns being paid for their work, and our laws and public policies embracing human dignity and psychological well-being. But at least it’s a reminder that good ideas can’t be suppressed forever.

As I find myself urging upon those who are understandably frustrated with the pace of social progress and justice, we cannot control outcomes, we can only try to influence them. This is an especially important reality for the times in which we live. Buoyed by a spirit of restless patience, our job is to dig in, plant the seeds for positive change, and take part in moving our society toward something better.

***

You may freely download my law review articles on workplace bullying, intern rights, and therapeutic jurisprudence from my Social Science Research Network page. At the risk of being immodest, I have been told by many folks who are not lawyers or academics that they are very readable and accessible, which I consider to be a supreme compliment.

Getting beyond the justice lottery of the #MeToo movement

When Fox News program host Gretchen Carlson agreed to a $20 million settlement of her claim accusing Fox News chairperson Roger Ailes of sexual harassment, it helped to spark a movement underscored by the harsh reality that behaviors prohibited under law still manage to flourish in too many workplaces and other settings.

However, for those who have been victimized by sexual harassment and assault, the #MeToo movement remains something of a justice lottery, with some folks more eligible to win than others. A small number of women — mostly in positions of prominence — obtain very large settlements or verdicts in civil claims, and/or pursue successful criminal prosecutions of their abusers. Meanwhile, many others are left to look at these highly publicized outcomes and wonder what it will take to get similar results in their situations.

Please don’t get me wrong. The #MeToo movement is overdue and vitally important. It’s just that there’s a lot more progress to be made before the results obtained in headline-making cases become the norm rather than the exception. This will require cooperative grassroots organizing and support, legal and policy advocacy in the trenches, and media outlets willing to give voice to the stories of all victimized individuals. It also would help if those who are influential within this realm commit to the proposition that the #MeToo movement is not done until it reaches all walks of life.

After all, the chances of obtaining justice should not rival the odds of buying a winning lottery ticket.

Roundup on creativity, innovation, and making a difference

(image courtesy of clipartpanda.com)

Happy Monday, dear readers. Perhaps it’s procrastination directed at the pile of term papers sitting in front of me, but I thought I’d take a few minutes to gather ten past articles on creativity, innovation, and making a difference. 

Even Shakespeare had a writing circle (2017) — “Nevertheless, it sure helps to have friends and buddies who help to prod us along in that oft-lonesome task of putting pen to paper or fingers to keyboard. Furthermore, if that process includes a mix of mutual encouragement, feedback, and suggestions, then the written products may be all the better for it. While the Shakespeares of the world may come around only once every thousand years or so, a supportive cohort can help to unearth the brilliance we do possess.”

What does it mean to be “onto something?” (2016) — “What does it mean to be ‘onto something’? Well, if you search ‘onto something meaning,’ you’ll get several similar explanations of the term. I like this one from Oxford Living DictionariesHave an idea or information that is likely to lead to an important discovery. . . . As I further acknowledged, it took me until my fifties to find that place. So if you want to be a difference maker, but you haven’t found your niche yet, try to be patient and remain open to messages and opportunities. Sooner or later, you’ll be onto something.”

Three great authors on writing to make a difference (2015) — “For fresh, inspiring outlooks on the uses of writing and scholarship to make a difference, I often listen to voices outside of mainstream academe. Here I happily gather together three individuals, Ronald Gross, Mary Pipher, and John Ohliger, whose names I have invoked previously on this blog.”

Work and solitude (2015) — “If some of the trendy gurus in work and office design are to be believed, teams and open spaces are the keys to spurring creativity and innovation. But hold on a minute, maybe this is going too far. While complete isolation and always closed doors are not advisable, the other end of the spectrum may not be such a great idea, either.”

The example of the Wright Brothers (2015) — “Their accomplishments were especially remarkable given that, as [historian David] McCullough writes, they had ‘no college education, no formal technical training, no experience working with anyone other than themselves, no friends in high places, no financial backers, no government subsidies, and little money of their own.'”

The daily routines of creative minds (2014) — “How do creative geniuses and brilliant intellectuals spend their typical workday? If you’ve ever wondered how great writers, artists, philosophers, scientists and other creators of art and knowledge greet their mornings and beyond, Mason Currey’s Daily Rituals: How Artists Work (2013) is a pleasing, easy way to find out.”

Messiness and creativity (2013) — “As the photo above suggests, this may be among the most self-justifying of blog posts: A short write-up of a recent study indicating that messiness may nurture creativity.”

10 ways to make a difference: Advice for change agents (2013) — “Let’s say you’ve got a cause you care deeply about, and you want to move it forward. It may be an initiative at work, a political issue, a community concern, or something else that matters. You may be at the beginning, in the middle, or tantalizingly close to success. . . . What follows are hardly the first or last words about making a difference, but perhaps you’ll find them useful. In no particular order . . . .”

Do credibility and innovation mix? (2011) — “Is it possible to have both credibility with the Establishment and freedom to innovate? . . . [Seth Godin] summarizes the ‘paradox of success’: People with no credibility or resources rarely get the leverage they need to bring their ideas to the world. People with credibility and resources are so busy trying to hold onto them that they fail to bring their provocative ideas to the world.

Advice to Young and Not-So-Young Folks Who Want to Make a Difference (2009) — “Several years ago I was asked to present an award to a pioneering labor leader at the annual banquet of Americans for Democratic Action, on whose board I sit. I don’t know why I thought this, but as I started to research his background, I half expected to see a long list of jobs in different labor and political organizations. Instead, I learned that he had served in his current position for well over a decade. . . . Look around you: Most of the difference makers have staying power. They are driven by heartfelt commitment and a desire to do something meaningful.”

“Because you asked….”: How to support victims of interpersonal abuse

One of this blog’s recurring themes has been interpersonal abuse across the life spectrum, and with it the importance of understanding of trauma in different contexts. My dear friend Mary Louise Allen, a psychology professor and activist, has become an emerging voice for trauma victims, and I’d like to share a compelling piece that she just published.

Mary Louise has experienced abuse and assault, as well as repeated institutional stonewalling and legal irregularities in her efforts to obtain assistance and justice in her home state of Ohio. Recently, she was asked how someone could support abuse victims who are dealing with ongoing trauma. This prompted her to write “Because you asked….,” and post it to her Unapologetic Civil Rights Activist site. It’s a brave, heartfelt, and intelligent statement. I’m excerpting parts of it here, and if you want to learn more about her experiences and those of others, then please read the full entry.

1. VOICES
Listen to our voices.  The one thing that I can conclusively say is that silencing me and allowing a network of corruption to define my story with no ability to correct the fallacious version did me a grave disservice – ultimately causing my dire health conditions and current daily struggles. . . .

***

2. CRAZYMAKING
Don’t dismiss us as crazy. While our assertions appear, on face value, to be so outrageous that they must be fictitious, rest assured that most of us possess recordings and documentation that validate our allegations. . . .

***

3. VICTIM-BLAMING/SHAMING
Be cautious of victim-blaming/shaming questions. While I would like to think that the proverbial “why did you stay” interrogatory has dissipated in our society, it has not.

***

4. POLITICAL ACCOUNTABILITY
I implore you to consider your votes.  If these officials remain in office, your daughter, your sister, or your mother could be a future victim. . . .

***

5. MEDIA ACCOUNTABILITY
Tag your local newspapers/news stations asking them if they have covered our stories, via links to our publications. . . .

***

6. BOARD MEMBER ACCOUNTABILITY
Hold board members accountable.  As seen in the case of [Olympic gymnast doctor Larry] Nassar, how many children would have been protected had the board taken action? . . .

***

7. ATTORNEY ACCOUNTABILITY
While I understand that everyone is entitled to representation and false reports exist (approximately 3%), I do take issue with law firms who are knowingly involved in harassing a victim, sustaining the chilling effect, and/or neglect their due diligence of representing the victim. . . .

***

8. NONPROFIT ACCOUNTABILITY
Do not contribute to nonprofits who cooperate with the system. . . . Every single nonprofit organization in the state of Ohio whose mission was to assist me and my situation configured asinine excuses as to why they could not help . . . .

***

9. HOSPITAL ACCOUNTABILITY
Ask hospitals of any statistics of mysteriously lost rape kits. . . . Often, the alleged assailant is a police officer, an attorney, a high-profile business official – but most assuredly, a well-connected man. . . .

***

10. ACCOMPANY VICTIMS
Don’t assume that justice prevails. Consider accompanying victims to court hearings. I was treated with an entirely different demeanor when I had supporters present – as opposed to attending by myself where I didn’t want anyone to know what was happening. . . .

***

11. STATE LAWS
Oppose mysteriously passed state statutes abusively used to oppress and silence victims/witnesses. These statutes are often masked in an apparent attempt of genuine propriety but often abused to silence victims, witnesses, and Whistleblowers. . . .

***

12. BASIC ENCOURAGEMENT
Sadly, an entire system has directly and indirectly informed me, and so many others, that we don’t matter. . . .  I came to terms that I could never contact the police for any safety assistance – no matter what the situation. . . . The only way for victims to interpret this inaction is that we don’t matter. Our last names and familial lineage are not prominent enough to be considered worthy. Our lives aren’t important enough to warrant therapeutic jurisprudence.

In addition to being instructive on a personal level, Mary Louise’s statement highlights the social responsibilities of institutions to respond to abuse and trauma. When public and non-profit agencies that are supposed to help abuse victims don’t step up, when victims cannot obtain needed legal representation despite a surfeit of available attorneys, when the justice system fails them, and when media sources ignore their stories, that community has failed as a moral organism.

When Mary Louise posted her piece on Facebook, Dr. Maureen Duffy, a leading expert on workplace mobbing behaviors and trauma, left this comment for her, which I share with Maureen’s permission:

Mary Louise, this is a profoundly thoughtful, moving, and practical response to the question of what others can do to help victims. I appreciate the clarity and depth of your responses and that you took the time to put them together and publish them. Since a lot of my work is in the area of workplace mobbing, your account reminds us all again of the power of professional, workplace, and other kinds of social networks, both formal and informal. These networks can have a very dark side that is often ignored. Thanks for calling this form of abuse of power to our attention.

I wholeheartedly concur. And I’m guessing that readers who have experienced workplace abuse, only to find their employers and the legal system looking the other way or even complicit in the mistreatment, will find themselves nodding in agreement with many of Mary Louise’s observations and insights.

Networks vs. hierarchies

Historian Niall Ferguson has written a very interesting book for anyone interested in the intersections of power, institutional hierarchies, and social networks. It’s titled The Square and the Tower: Networks, Hierarchies, and the Struggle for Global Power (2018). Here’s a snippet from the publisher’s description:

Most history is hierarchical: it’s about popes, presidents, and prime ministers. But what if that’s simply because they create the historical archives? What if we are missing equally powerful but less visible networks – leaving them to the conspiracy theorists, with their dreams of all-powerful Illuminati?

The twenty-first century has been hailed as the Networked Age. But in The Square and the Tower Niall Ferguson argues that social networks are nothing new. From the printers and preachers who made the Reformation to the freemasons who led the American Revolution, it was the networkers who disrupted the old order of popes and kings. Far from being novel, our era is the Second Networked Age, with the computer in the role of the printing press. Once we understand this, both the past, and the future, start to look very different indeed.

I’ve spent some time with this book, and although its focus is on the grander sweep of history, it’s a thoughtful and provocative read for anyone who wants to contemplate the hierarchy vs. network dichotomy generally.

In fact, the book’s main theme may have special significance for those of us in “underdog” roles with the ideas and causes we’re advocating for, in a world where political, economic, and social power can feel so stubbornly concentrated. In essence, The Square and the Tower invites us to think about how we can use our horizontal networks to overcome entrenched hierarchies. It’s not easy, but it can happen, and access to digital communications can help us do it. Technology is not a panacea, but it can be an accessible and relatively affordable connector, not to mention a welcomed complement to face-to-face communications.

Of course we shouldn’t err in assuming that all networks are good and all hierarchies are bad. Structures can be created and activated for positive and nefarious purposes alike; human motivations and actions give them their meaning.

This theme is but one element of the much larger conversation of how we can change an increasingly plutocratic society, with its enormous hierarchies of wealth and power. Nevertheless, it puts some historical “oomph” behind the notion that networks matter and can impact change.

On being responsibly bold (and other advice for legal activists)

The short version is here

At the recent therapeutic jurisprudence (TJ) workshop hosted by Professor Carol Zeiner and the St. Thomas University School of Law in Miami, Florida, I urged us all to be “responsibly bold” in our research and advocacy for legal and policy change. The term resonated with a number of workshop participants, and that response has prompted me to gather three clusters of advice for legal activists who are working toward the greater good.

The advice is based primarily on two ongoing points of significant involvement:

  1. engaging in scholarship, legislative drafting and advocacy, and public education on workplace bullying and mobbing; and
  2. researching and proposing law reform measures concerning the widespread practice of unpaid internships.

It is also informed by the promise of our new organization, the International Society for Therapeutic Jurisprudence, which is happily recruiting founding members.

I hope these thoughts will inspire your ideas about how to be effective in a legal activist mode.

Be responsibly bold

If it matters, write about it, even if no one else is doing so.

Take smart chances to be among the first, if not the first, to address a topic worthy of attention.

Furthermore, instead of merely analyzing the problem and providing broad parameters for a legal or policy response, offer a proposed solution with enough detail to lead the discussion on what should be done.

This may include outlining the specific strategy of a legal challenge or drafting a proposed statute or regulation.

As a law professor, I’ve noticed that some legal scholars opt not to take their analysis and writing this far. They critique a set of judicial decisions or an existing statute thoroughly and relentlessly, leaving nothing to pick over but the bones. However, when it comes to proposing a solution, they lapse into safer generalities. Rather than proposing, for example, specific language for a statutory amendment or a revised regulation, they morph into Impressionism and finish with erudite yet vague conclusions.

Instead, when recommending new or reformed public policies, the potential agenda setting approach is to write up the proposed statute or regulation. Greater specificity fuels the possibility of playing a more significant role in changing law and policy.

Be willing to write the first draft

Many years ago, Anthony Amsterdam, a New York University law professor and legendary civil rights lawyer, suggested to a group of new law instructors that if we are willing to be “the bottom name on the brief,” i.e., the person who does the grunt-level research and drafting even though others with fancier titles are listed above us on the pleading, then we can potentially enjoy the greatest influence over the shaping of the document.

Tony’s maxim taught me a lesson, and it has been verified in virtually every legal, political, policy, and bureaucratic setting to which I have been privy: Do a really good job on a first draft and the words continue to influence others. They may even help to frame a broader legal or policy agenda.

A quality brief or proposed statute becomes the template for others to borrow or tweak. A well-crafted set of talking points appears time and again in the remarks and speeches of others. A neatly worded resolution cuts through a lot of excess verbiage and half-baked thoughts in a meeting or conference.

Seek out partnerships and affiliations

A change agent should seek out partnerships and affiliations with organizations, associations, and agencies that can help to advance one’s work. Connections with the right groups and individuals can lead to a sharing of ideas, access, and resources. They can open doors that may appear to be closed when working solely on our own.

Considerations of partnerships and associations overlap strongly with writer and entrepreneur Seth Godin’s suggestion that in order to achieve desired change, those of like interests and commitments should gather together in “tribes.”

In his 2008 book, Tribes: We Need You to Lead Us, Godin defines a tribe as “a group of people connected to one another, connected to a leader, and connected to an idea,” adding that the two things a group needs to operate as tribe are “a shared interest and a way to communicate.”

He has further identified three types of tribes and individuals:

  • Those who react,
  • those who respond, and
  • those who initiate.

He suggests that while many simply react or respond to external stimuli, genuine leaders initiate by recognizing needs and opportunities that others miss, thereby playing a greater part in shaping change.

I am currently serving as the first board chairperson of the International Society for Therapeutic Jurisprudence. For those interested in law reform that embraces well-being and psychological health, I hope that the ISTJ will serve as a nurturing, inclusive, and forward-looking tribe. One look at the overall state of the world should tell us that a TJ perspective is badly needed when it comes to informing our laws, legal systems, and legal institutions.

We’ve got our work cut out for us. Let us be among the change agents who offer responsibly bold and humane solutions that advance human dignity.

***

A slightly different version of this post was published by the Therapeutic Jurisprudence in the Mainstream blog. Portions of the above are adapted from my 2016 article, “Intellectual Activism and the Practice of Public Interest Law” (Southern California Review of Law and Social Justice), which can be downloaded here without charge.  It’s a very personal piece, filled with reflections on my experiences with law reform activities. The roles of TJ and interdisciplinary connections figure prominently in my commentary.

“Let’s leave it all out on the field”: A Gen Joneser rallying cry?

Bartlet (l) and McGarry (r) confer

Dear readers, I confess that this is a bit of a ramble, a lot of thinking out loud in digital form. It’s about my generational cohort — the one dubbed Generation Jones, i.e., late Boomers and early Gen Xers born between 1954 and 1965 — and how we might contribute to the world in the years to come.

One of my favorite television characters is Leo McGarry from “The West Wing,” the Emmy Award-winning political drama that ran on NBC for seven seasons. The late John Spencer, a supremely underrated actor, played McGarry, a politically savvy and trusted close advisor to President Jed Bartlet (Martin Sheen).

A favorite West Wing episode comes late in the series (season 6, episode 12). McGarry is returning to White House duties after a heart attack and bypass surgery, and the Bartlet Administration has only a year left in its second term. The President is fatigued due to a chronic illness, and McGarry is struggling to regain his health and his role in the Oval Office. Too often the Administration is letting events control it, rather than the other way around. Leo senses that maybe the President and his inner circle are simply running out the clock, while trying resting on their laurels.

In a great scene featuring McGarry and the President, Leo challenges his long-time friend and fellow political war horse to push hard during their last year in office: “Both of us, sir, this is our last game. Let’s leave it all out on the field.” With the President’s approval, Leo calls a late night meeting for the senior staff, during which they begin to map out an ambitious policy agenda for the Bartlet Administration’s final 365 days.

A Gen Joneser rallying cry?

I love that scene between McGarry and the President. Yeah, it is corny and doesn’t bear any resemblance to today’s Washington D.C. But for pure inspiration, it works for me.

And maybe it even speaks to me. Let’s leave it all out on the field. When I think of fellow members of Generation Jones, these words come to mind as a potential rallying cry for our (hopefully many!) remaining years.

Today’s Gen Jonesers are roughly between 52 and 64 years old. In terms of traditional age demographics, this covers a healthy span of middle age. And while our bodies may be feeling the passage of time, we also have a lot of accumulated wisdom, insight, and experience. I’d like to think that we have a lot of gas left in our tanks. In fact, in many realms we may be at or near the top of our games in terms of productivity and leadership capabilities. These qualities give us opportunities to make significant contributions to the world around us during the years to come.

In some cases, a middle-aged career shift may be part of a fundamental personal transition. Career counselors and coaches have sometimes referred to this as pursuing an “encore” career, one that may involve earning less or even no money — the latter crossing into the realm of avocation — but in any event enabling someone to make a difference in a chosen arena. A popular website devoted to the pursuit of encore careers uses the tag “Second acts for the greater good.” It’s an appealing idea: Earn enough money to secure your future, then spend a chunk of the rest of your time giving back.

Imagine, millions of seasoned, able, mature workers pursuing work and activities that help our communities, big and small. It’s about defining personal legacies, giving back, and paying it forward, right? As I wrote in 2016:

…(W)e live in a world in serious need of more joy, creativity, humanity, and compassion. Who wants to look back at a life only to see a lot of wonderful opportunities squandered and wasted?

Reality checks

But hold on, there are harsh reality checks on my generational cheerleading. Let’s start with economics and personal finances. As I wrote last year, many members of Gen Jones are getting hammered in terms of jobs, savings, and retirement readiness:

…Generation Jones has been snakebitten by broader events. During the early 1980s, many graduated into a terrible recession that limited entry-level job opportunities. This was also a time when America’s industrial jobs base went into sharp decline (a trend continuing to this day), wages started to flatline (ditto), and employers began eliminating pension plans (ditto again).

Fast forwarding, the Great Recession hit during what should’ve been Gen Jonesers’ strongest earning years, the heart of their 40s and early 50s. Many lost jobs and livelihoods during that time and have struggled to recover. Some have never recovered. Gen Jonesers are now hurtling toward what have been considered traditional retirement years; most are within 10-15 years of that time. But as I have written often on this blog…, America faces a retirement funding crisis of major proportions.

Gen Jonesers are in the bull’s-eye of that retirement funding crisis, as will become evident during the next decade. In terms of its entrance into the labor market, this age group is the first to fully experience the widening wealth gap that began in the 1980s and continues to this day. Absent dramatic changes in the American economic structure — likely through some combination of civic leadership, public policy, and political voice — we are a preview of things to come.

Overall, the march of time brings a mix of ordinary and extraordinary life challenges. Job losses and career setbacks have emotional as well as financial impacts. Illnesses and deaths are a part of life, but no less difficult because of their inevitability. As many regular readers of this blog know, various forms of abuse can exact a significant toll and have cumulative effects.

Looking ahead

So what is it to be? A rich midlife with impact-making encore contributions, or remaining years spent pinching pennies and recovering from setbacks? Of course, the reality for most Gen Jonesers will be somewhere in between, replete with individual stories and circumstances. After all, there is no one-size-fits-all playbook for midlife and beyond.

With all that said, here is a cluster of framing ideas for our consideration, some possible ways for us to leave it all out on the field:

Legacy work — It starts with legacy work. Again from 2016:

By “legacy work” I mean our core contributions and accomplishments, the stuff we’d like to be remembered for in the longer run and by people we care about. In the realm of vocation, it may involve creative or intellectual work, achievement in business, service to others, building something, activism and social change work, or some type of innovation or invention.

…(O)ne’s legacy work need not be vocational in nature. It can include parenting, caregiving, an engaging avocation, a deeply meaningful hobby, or charitable work. For some, a “day job” may pay the bills, but an unrelated project or endeavor brings the deeper meaning.

Community — In recent years, loneliness has been labeled an epidemic and a public health crisis by health experts. (See recent pieces in the Washington Post and New York Times for more.) Part of the answer is to build and maintain genuine communities. These communities can be grounded in geography (e.g., neighborhood), shared interests and activities (e.g., vocations, avocations, hobbies), or shared values (e.g., social and faith beliefs). The care and feeding of communities and those within them require intention and commitment.

Recovery — By the time midlife hits, a lot of folks find themselves recovering from setbacks small and large. The big hits often involve fear, stress, and even trauma. Fortunately, for many there are paths to recovery. For example, even those experiencing post-traumatic stress, once thought to be extremely hard to treat, may heal via new healing modalities and even enter a phase known as post-traumatic growth.

Scarcity, generosity, and choices — Some very smart people are telling us that we face a long-term era of scarcity. Accordingly, our challenge may be to find ways to live good and meaningful lives during a time when resources (personal and global) are limited. As I see it, it will require letting go of some the values that led us to this place and reorienting our lives and lifestyles so that we are less about stuff and more about humanity. It will mean giving back and paying it forward, while defining abundance differently from the ways we have done so before.

Instructive on these points are the words of my late friend and pioneering adult educator John Ohliger (1926-2004), which appeared in a 1981 issue of his newsletter Second Thoughts:

My picture is of a future where we live more relaxed and more modest lives with an abundance of unmeasurable and infinitely available non-material (or better, trans-material) resources. All the travail and pressure we’re going through right now may be paving the way for that future. This future could be one where we will have a choice of “goodies”; not ones requiring scarce energy, minerals, or dollars; or ones permitting some people to get rich while others go hungry, but choices that we create with our own hearts and heads and hands among people we know and care for.

Related posts

Obviously there’s a lot to contemplate here, and I’ve barely scratched the surface. For those who would like to explore some of these themes a bit deeper, I’ve collected a bunch of past entries relating to midlife, transitions, vocations, avocations, and community building:

Work, savings, and retirement: Generation Jones is getting hammered (2017)

From hoop jumping to legacy work and places in-between (2016)

Charles Hayes on the ripples of our lives (2016)

David Brooks and his “moral bucket list” (2015)

Defining, refining, creating, and redefining your “body of work” (2015)

Tribes for brewing ideas and engaging in positive change (2015)

The power of face-to-face dialogue for change agents (2015)

Taking stock at midlife: Time for reading assignments (2014)

Hard looks at joblessness, retirement funding, and Generation Jones (2014)

Personal reinvention: Take a look at “50 over 50” (2014)

Holiday reads: Fueling heart, mind, and soul (2014)

“The Shift: Ambition to Meaning” (2014)

Transitions and inner callings (2014)

Inauthenticity at work and the fast track to a midlife crisis (2013)

“Follow your bliss”? Parsing Joseph Campbell’s famous advice (2012)

What’s your legacy work? (And how can you de-clutter way to it?) (2011)

The “butterfly effect” and working as an educator (2011)

Embracing creative dreams at midlife (2010)

Will our avocations save us? (2010)

Does life begin at 46? (2010).

Are You a Marathoner or a Sprinter? (2009)

%d bloggers like this: