A CICERONIAN LAWYER'S MUSINGS ON LAW, PHILOSOPHY, CURRENT AFFAIRS, LITERATURE, HISTORY AND LIVING LIFE SECUNDUM NATURAM
Friday, November 17, 2017
Of Cupidity and Stupidity
The quote above is from one of Shakespeare's lesser-known (to me, at least) plays, Troilus and Cressida, and is brought to mind by...what should it be called? A tsunami, an avalanche? In any case, the continuous claims of sexual harassment being made on what seems a daily basis here in our Great Republic against quite a few people, that is to say, against various men, by both men and women.
It seems rather remarkable even to me; a lawyer and therefore someone accustomed to and perhaps even dependent on wrongdoing of one kind or another (by others, of course). But even those of us who thrive on the misdeeds of humanity must admit to surprise at what seems to be a unique moment in tawdry history.
The law of sexual harassment has been around for quite some time, in the U.S. at least. It's something I've known of professionally and have had cause in my practice to become to be acquainted with, now and then, over the past several decades. One would think that employers and employees, in particular, would be aware of it and fear its application given the litigation and claims through state and federal administrative agencies which have taken place and the stern warnings lawyers and human resources types have issued for many years now.
So in one sense I find it puzzling that sexual misconduct of this kind is so apparently widespread. How can anyone be so blithely unconcerned by it? How can so many men indulge in it, that is to say, without fear of the consequences?
I also find it puzzling that there are those who feel that sexual harassment is, at least in some cases, something which shouldn't be of great concern, or can be excused as "boys being boys" or harmless play. The law is the law. It doesn't matter whether one agrees or disagrees with it, or whether it's thought of as too much or too little. It's foolish to be anything but prudent and so to respect it even if one doesn't respect those it's intended to protect.
But fools we tend to be, particularly where sex is concerned. I think that any more than casual observer of human conduct must acknowledge that lust, lechery, sexual desire--whatever it should be called--can render us extremely stupid. I think that particularly in the case of men it makes great, gaping idiots of us all unless we take steps to control our own desire. And, it's such a completely selfish, narrow and powerful desire or impulse that the consequences to ourselves and others are disregarded.
This isn't to justify sexual harassment let alone explain it, but to recognize that the urge behind it is there almost always and must be restrained. If it isn't, we do stupid, harmful, cruel, immoral things and should pay for it in one way or another.
Add to this the understandable concern victims have that making claims of sexual harassment will subject them to shame and ridicule and even have financial consequences if the perpetrator is powerful and influential, and it isn't so surprising that it goes unchecked in too many cases. It seems that could be changing, though.
Unfortunately, as Shakespeare or his character noted, lechery like war is always in fashion among us, and tolerated by us. It must remain to be seen whether sexual harassment will diminish as a result of the rising intolerance towards it or whether our remarkable lack of sense and control in this area will continue. I think it's a good sign that even those who have previously been given a pass, most ignominiously, in this area (yes, that former president for example) are being recognized and condemned as predators.
Given those accused, though, I wonder if older men are particularly prone to this behavior. Do older men act in this fashion because they know their failing looks and powers make it less and less likely anyone will want to have sex with them? It's been well said that there's no fool like an old fool.
Labels:
Law,
Sex,
Sexual Harassment,
Shakespeare
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