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Issue: 1984 August 15 - Vol 10 Num 15

COMMENTARY
THE LAW'S IMPACT ON THE SMALL,
FAMILY-ORIENTED BUSINESSPERSON
By The Honorable Frank D. Celebrezze
Chief Justice, Ohio Supreme Court
The topic of the day is crime. What else would a
judge t alk about?
For years most of us have read about crime or
even been victimized by it, and thought to ourselves
that this is a serious matter. But the responsibility
belongs to other people , and we wish they would get
it fixed . We have tended to look upon crime much as
we do inflation, disliking it but supposing we can live
with a little more of it every year if we have to. Will
Rogers once commented that it's awfully hard to get
people interested in corruption-unless they can get
some of it.
Well , this is changing. Crime has reached the
level that we are turning our homes, schools, places of
business , and even our churches into fortresses-
secured with dead bolt locks, protected by electronic
alarm systems, guarded by security patrols, and armed
with a pistol in the dresser drawer.
Of course, the problem is much larger than just
crime . It isn ' t only public laws that are losing their
effectiveness as restraints on human conduct. All the
informal rules which make it possible to live together
amicably and productively are being just as widely
disregarded as the public laws. Courteousness, pride
in doing one 's job well , fidelity, truthfulness , loyalty,
patriotism , and many other norms of behavior which
make for a pleasant, workable , and unified society are
falling by the wayside.
What has gone wrong?
A good part of the answer was set forth by Buck-
minster Fuller some.years ago. He said the educational
system whi c h evolved in this country tends to identify
the bright minds as they come up through the
schools, and encourages them to become experts in
something. That has a certain usefulness. But it has
one substantial shortcoming. It leaves the people of
mediocre intelligence to become the generalists
needed for such positions as college presidents and
presidents of the United States.
Actually, we need the advice of highly intelligent
generalists in every activity wherein the decisions
affect large numbers of people.
Let us consider the matter of crime in this
context . The judiciary is being encouraged to mete
out tougher penalties through mandatory sentencing
statutes and to adopt more restrictive policies for bail
and parole. At the same time, many groups are trying
to find ways to improve the rehabilitation of jailed
convicts.
The generalist, looking at this situation , will say-
" Wait a minute! Aren 't we coming at this thing from
the wrong direction? Isn't it a little late to try to teach
the fellow to abide by the laws after he has robbed the
bank? "
History has many lessons for us, and one that is
absolutely unmistakable and unwavering is that the
human being is not born with the knack of getting
along with his neighbors. That kind of conduct must
be learned. We can wish that everyone was born
friendly and considerate, but our instincts, for the
most part , incline us to look out for ourselves and
trample on the folks who get in the way. Self-restraint,
cooperation , helpfulness, the willingness to sacrifice
in order to keep a marriage together, or a nation
together-these are attitudes and skills which must be
taught to the young and continually reinforced for all
All the informal rules are as widely disregarded as the public laws.
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71
The purpose of education is to teach the young how to live
responsibly and effectively.
generations.
How, then , can a free society attend to this criti-
cally important requirement of teaching people to
get along with one another? Clearly, the most power-
ful and effective training center is the family. It is
within the family that the child learns best that he
can ' t have his own way all the time. He learns there
are rules which everyone must obey, and when some-
body breaks the rules, everybody suffers.
But it isn 't just a matter of learning what you must
not do. Even more important, the child learns in the
family the benefits, satisfactions, and wholesome
security that come from being a part of a group where
the members help and make sacrifices for one
another.
The family unit is the primary educative and sta-
bilizing force in the free nation, and the first line of
defense against crime .
The second line of defense is the system of
schooling. If you study the history of education, you
will discover that virtually every society throughout
history, until quite recently, recognized that the
purpose of education is to train the young how to live
responsibly and effectively in their own tribe or
nation.
In our country, the educational system had
followed this pattern . Contrast that to today when the
educational orthodoxy insists that each person is to
decide for himself what is right and what is wrong .
The use of marijuana , once an illegal drug, is now a
commonplace on rriany college campuses among
faculty as well as students, and has moved from the
college on down to the high schools and even the
grade schools.
Except for ascertaining the damage such usage
may do the physical and psychological health of the
individual , college ·and school authorities seem con-
fidently unconcerned about drug usage. The gen-
eralist would urge them to recognize that when an
individual takes up an illegal habit, it tends to desensi-
tize that person to the importance of abiding by other
laws . Once you have crossed that boundary, it is
rather natural to begin to decide which other laws
you will disregard .
The third major seedbed of responsible citizen-
ship in a free society is, of course , religion . The
churches and synagogues, like the schools, used to
help the young understand that there is a difference
between right and wrong. But many of the clergy
seem to have backed away from the Ten Command-
ments and preach from the pulpit what a friend calls
"sloppy agape," an undefined sort of general good-
will, with all the sharp corners of specific require-
ments and sacrifices rounded off to fit just about
everyone.
We are all familiar with the commandments
against murder and stealing, but there is another that
bears on the topic of crime and has a particular
relationship to this audience of business people. I
refer to the 10th one which prohibits coveting a
neighbor's wife, maid-servant, man-servant, ox or ass,
or anything else he may have. God recognized that
some people were going to have more than others,
and this aspect of human reality would be a parti-
cularly fruitful source of misbehavior.
The concept of the welfare state is proof of God ' s
wisdom. The welfare state insists that everyone has a
right to food, clothing, shelter, symphony orchestras,
art galleries, paid vacations, medical attention, and
everything else that constitutes the good life. Of
course, no economy can deliver all these things,
especially if the individual who works hard and the
one who works half-heartedly, and the one who
doesn't work at all , have equal rights to the same
privileges, benefits, and subsidies. The welfare state,
in its concept, amounts to institutionalized covetous-
ness, encouraging people to suppose they have been
wronged if they don ' t have their full share of what has
been promised them .
So what do we do about all this? The generalist
would try to get to the heart of the matter. If it is a
question of rebuilding self-restraints and self-reliance
among the citizens, he might ask, " How about asking
the school boards to consider adopting new policies
which would set a priority first on teaching all the
students under their jurisdiction the fundamental and
unyielding necessity for lawfulness in any society, and
second to teach all students that self-reliance is an
essential ingredient of human dignity?" If such
matters are mandated at the policy level, then every
teacher or every professor has an obligation to try to
deliver on them . In such basic questions of human
behavior, introducing one course or endowing one
professorship won't do much good . The teaching of
values must be a unified and pervasive undertaking. •
Today educational orthodoxy insists each person is to decide
for himself what is right and wrong.
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