September 25, 2018

Archives for May 10, 2018

Utopia for Realists

Dutchman Rutger Bregman is a member of the Forbes 30 Under 30 Europe Class of 2017. He’s written four books on history, philosophy, and economics. In his book Utopia for Realists (2016), he recognizes the dangers of utopian thinking:

True, history is full of horrifying forms of utopianism — fascism, communism, Nazism — just as every religion has also spawned fanatical sects.

According to the cliché, dreams have a way of turning into nightmares. Utopias are a breeding ground for discord, violence, even genocide. Utopias ultimately become dystopias.

Having faced up to the dangers, however, he presses on:

Let’s start with a little history lesson: In the past, everything was worse. For roughly 99% of the world’s history, 99% of humanity was poor, hungry, dirty, afraid, stupid, sick, and ugly. As recently as the seventeenth century, the French philosopher Blaise Pascal (1623-62) described life as one giant vale of tears. “Humanity is great,” he wrote, “because it knows itself to be wretched.” In Britain, fellow philosopher Thomas Hobbes (1588-1679) concurred that human life was basically, “solitary, poor, nasty, brutish, and short.”

But in the last 200 years, all that has changed. In just a fraction of the time that our species has clocked on this planet, billions of us are suddenly rich, well nourished, clean, safe, smart, healthy, and occasionally even beautiful.[1]

Welcome, in other words, to the Land of Plenty. To the good life, where almost everyone is rich, safe, and healthy. Where there’s only one thing we lack: a reason to get out of bed in the morning. Because, after all, you can’t really improve on paradise. Back in 1989, the American philosopher Francis Fukuyama already noted that we had arrived in an era where life has been reduced to “economic calculation, the endless solving of technical problems, environmental concerns, and the satisfaction of sophisticated consumer demands.”[2]

Notching up our purchasing power another percentage point, or shaving a couple off our carbon emissions; perhaps a new gadget — that’s about the extent of our vision. We live in an era of wealth and overabundance, but how bleak it is. There is “neither art nor philosophy,” Fukuyama says. All that’s left is the “perpetual caretaking of the museum of human history.”

According to Oscar Wilde, upon reaching the Land of Plenty, we should once more fix our gaze on the farthest horizon and rehoist the sails. “Progress is the realization of utopias,” he wrote. But the farthest horizon remains blank. The Land of Plenty is shrouded in fog. Precisely when we should be shouldering the historic task of investing this rich, safe, and healthy existence with meaning, we’ve buried utopia instead.

In fact, most people in wealthy countries believe children will actually be worse off than their parents. According to the World Health Organization, depression has even become the biggest health problem among teens and will be the number-one cause of illness worldwide by 2030.[3]

It’s a vicious cycle. Never before have so many young people been seeing a psychiatrist. Never before have there been so many early career burnouts. And we’re popping antidepressants like never before. Time and again, we blame collective problems like unemployment, dissatisfaction, and depression on the individual. If success is a choice, so is failure. Lost your job? You should have worked harder. Sick? You must not be leading a healthy lifestyle. Unhappy? Take a pill.

No, the real crisis is that we can’t come up with anything better. We can’t imagine a better world than the one we’ve got. The real crisis of our times, of my generation, is not that we don’t have it good, or even that we might be worse off later on. “The best minds of my generation are thinking about how to make people click ads,” a former math whiz at Facebook recently lamented.[4]

After this assessment, Bregman shifts gears. “The widespread nostalgia, the yearning for a past that really never was,” he says, “suggest that we still have ideals, even if we have buried them alive.” From there, he distinguishes the kind of utopian thinking we do well to avoid from the kind we might dare to embrace. We’ll follow him into that discussion next time.


[1] For a detailed (1,000 pages total) history of this economic growth from general nastiness to the standard of living we enjoy now, I’ll refer you again to two books I plugged a couple weeks ago: Americana: A 400 Year History Of American Capitalism and The Rise and Fall of American Growth.

[2] See here and here for a sampling of updates/opinions providing a current assessment of Fukuyama’s 1989 article.

[3] World Health Organization, Health for the World’s Adolescents, June 2014. See this executive summary.

[4] “This Tech Bubble is Different,” Bloomberg Businessweek, April 14, 2011.

 

Kevin Rhodes would create workplace utopia if he could. But since he doesn’t trust himself to do that, he writes this blog instead. Thanks for reading!

 

Colorado Court of Appeals: Land Parcels Only Contiguous If They Touch, so Parcels Separated by Public Right-of-Way Not Contiguous

The Colorado Court of Appeals issued its opinion in Bringle Family Trust v. Board of Assessment Appeals on Thursday, May 3, 2018.

Property Tax—Classification—Residential—Vacant—Contiguous.

The Bringle Family Trust (Trust) owns two parcels of land in Summit County that are platted lots in the Bills Ranch Subdivision. The “residential parcel” is separated from the “subject parcel” by a road. This road is a public right-of-way maintained by the Bills Ranch Subdivision Association. In early 2016, the Trust petitioned the Board of County Commissioners of Summit County (the County) for an abatement or refund of taxes, arguing that the subject parcel’s property tax assessment classification should be changed from vacant to residential for tax years 2013 to 2015. The County denied the Trust’s petitions. The Board of County Commissioners (Board) upheld this decision.

On appeal, the Trust contended that the Board erroneously denied its petition by misconstruing C.R.S. § 39-1-102(14.4)(a) to conclude that the subject parcel was not contiguous to the residential parcel or “used as a unit in conjunction with the residential improvements located thereon.” The subject parcel must be contiguous to the residential parcel to be classified as residential property for tax purpose. Parcels are contiguous only if they touch. The Trust’s subject and residential parcels are distinct parcels separated by a public road that the Trust does not own. The Trust failed to show that the subject parcel meets the C.R.S. § 39-1-102(14.4)(a) contiguity requirement, and thus the Board correctly declined to reclassify the subject parcel as residential property. Given this determination, the court of appeals did not address the Trust’s contention that the subject parcel meets the “used as a unit” requirement.

The Board’s order was affirmed.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: District Court Retains Jurisdiction Over Allocation of Parental Responsibilities while Prior Order on Appeal

The Colorado Court of Appeals issued its opinion in In re Parental Responsibilities Concerning W.C. on Thursday, May 3, 2018.

Parental Responsibilities—Jurisdiction—Appeal—Motion to Modify—Changed Circumstances.

In this allocation of parental responsibilities case, father appealed the district court’s permanent orders granting mother sole decision-making authority and majority parenting time. Though his appeal is pending with this court, father filed verified motions to modify parenting time and decision-making in the district court. The district court concluded that it lacked jurisdiction to consider those motions while the appeal was pending; it decided to take no action on father’s motions unless and until the Court of Appeals finds that the district court has jurisdiction or remands and gives the court authority to consider the motions.

The Court determined that under Colorado’s Uniform Dissolution of Marriage Act, a district court retains continuing jurisdiction over motions to modify parental responsibilities while the current allocation order is on appeal, as long as those motions are based on a material change in circumstances that occurred after the original order was entered.

Father’s motion to clarify was granted and the case was remanded.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 5/9/2018

On Wednesday, May 9, 2018, the Tenth Circuit Court of Appeals issued no published opinion and one unpublished opinion.

United States v. Sepulveda

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.