A Crucial Element of Democracy

This is a blog by Robert Gutierrez ...
While often taken for granted, civics education plays a crucial role in a democracy like ours. This Blog is dedicated to enticing its readers into taking an active role in the formulation of the civics curriculum found in their local schools. In order to do this, the Blog is offering a newer way to look at civics education, a newer construct - liberated federalism or federation theory. Daniel Elazar defines federalism as "the mode of political organization that unites separate polities within an overarching political system by distributing power among general and constituent governments in a manner designed to protect the existence and authority of both." It depends on its citizens acting in certain ways which Elazar calls federalism's processes. Federation theory, as applied to civics curriculum, has a set of aims. They are:
*Teach a view of government as a supra federated institution of society in which collective interests of the commonwealth are protected and advanced.
*Teach the philosophical basis of government's role as guardian of the grand partnership of citizens at both levels of individuals and associations of political and social intercourse.
*Convey the need of government to engender levels of support promoting a general sense of obligation and duty toward agreed upon goals and processes aimed at advancing the common betterment.
*Establish and justify a political morality which includes a process to assess whether that morality meets the needs of changing times while holding true to federalist values.
*Emphasize the integrity of the individual both in terms of liberty and equity in which each citizen is a member of a compacted arrangement and whose role is legally, politically, and socially congruent with the spirit of the Bill of Rights.
*Find a balance between a respect for national expertise and an encouragement of local, unsophisticated participation in policy decision-making and implementation.
Your input, as to the content of this Blog, is encouraged through this Blog directly or the Blog's email address: gravitascivics@gmail.com .
NOTE: This blog has led to the publication of a book. The title of that book is TOWARD A FEDERATED NATION: IMPLEMENTING NATIONAL CIVICS STANDARDS and it is available through Amazon in both ebook and paperback versions.

Friday, September 14, 2018

A BACKDROP FOR A SET OF TENSIONS


[Note:  This posting is a continuation of a report on the development of a civics unit of study.  This unit is directing students to formulate informed positions on a governmental topic, ground rules overseeing tort law.  It is being developed in real time.  Writer wants to identify the basic source of information, the Great Course’s course, Law School for Everyone.[1]]
This posting begins the substantive reporting on the development of a unit of study, suitable for a civics course or American government course.  That unit, at this point, features tort law.  In addition, the approach to this topic will be to address it as a national concern. 
As such, it would be situated toward the end of the course but treated as a unit that looks at one the three main branches of government, the judiciary.  Therefore, this unit can reasonably expect students to know the major goals and aims the course is trying to meet.
Among those goals and aims is to impart a mode of behavior responsible citizens can employ when considering a governmental/political issue or problem.  The elements of that mode include an appreciation of and the motivation to attain relevant historical knowledge concerning the issue/problem at hand, a disposition to engage in effective dialogue with other citizens to address the issue or problem, and a willingness to participate in citizenry action that is meant to relieve or solve the issue/problem.
Summarily, one can describe that mode as one that enhances and demonstrates the societal qualities of social capital and civic humanism – qualities that reflect federalist values.  Of specific concern regarding this unit is the federalist value of justice.  A federalist moral code identifies justice as one of that code’s key instrumental values; only superseded by the code’s trump value, societal welfare.
As the last posting stated, tort law involves court action dedicated to settle claims emanating from situations where one party causes harm to another party.  While that basic descriptor sounds simple, in real life, torts can easily become complex.  Relatively simple cases demonstrate how complex tort law can be.
Here is such a case.  A driver pulls up to a golf course’s parking lot.  The driver is driving an SUV and due to his/her heighten view, does see a beer can that was left on the parking space the driver chooses and he/she runs over the can.  Given how the tire hits the can (that is cut open with a sharp exposed edge), the can causes a slice on the bottom of the tire. 
The driver hears the contact, but does not see, upon inspection any damage.  Low and behold, a few hours later the tire is flat.  The charge to make the driver whole – acquiring a tire that is comparable to what he/she had before the contact – results in a bill of $200.  Who should pay for that bill?  The driver, the unidentified person who left the can, or the owners/managers of the golf course.  Here is a bit of more complication, the golf course is owned by the city government – in the name of the people of that municipality.
Most of the time, the simplest situations, can readily become complex.  And in that feature of tort law, most governing principles and practices are developed to handle the complexities that emerge.  While this unit cannot address all these complexities, there are a set of basic concepts that if known and appreciated, a student cannot only be introduced to those complexities, but be armed with the accompanying knowledge by which he/she can study this topic.
The more citizens know about tort law, the more they can choose life styles and acquire specific information that can, in turn, protect their legitimate interests.  But more in line with the aims advanced in this blog as to the purposes of civics courses (to encourage students to view citizenry as a partnership), the processes of the judicial system should be aimed at advancing justice.
So, some initial questions a study of tort law should address can be:  who has a duty in a given situation where harm occurs?  How does one define related legal principles in a given, harm-inducing situation?  And how do the evolving realities – such as in the economy and/or in technology – affect responsibilities parties might have in harm-inducing situations?
In the last posting, three tensions were introduced:  strict liability vs. negligence, malfeasance vs. nonfeasance, and factual causation vs. legal causation.  They are tensions that have been evolving since the mid-eighteen-hundreds.  Some argue the main force pushing this overall evolution has been caused by technological changes.  Others argue the economic/political forces have been at work.  These arguments provide the backdrop for a historical tale.
The next posting will begin describing the first of these tensions.  Whether the law should count on pure cause or count on notions of fault is a basic question.  Within the American legal tradition – that of common law – this concern has demanded a great deal of judicial attention.


[1] Edward K. Cheng, “Torts,” Law School for Everyone – a transcript book (Chantilly, VA:  The Teaching Company/The Great Courses, 2017), 230-445.

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