The state of Michigan, as argued by lawyers for its Attorney General and acting on behalf of Republican Governor Rick Snyder’s office, currently supports the position that its children’s fundemental right to education does not include a fundamental right to literacy. Their motion to dismiss a class action lawsuit suing the State for unlawful failure of duty to students in the Detroit Public Schools Community District states the position bluntly: “There is no fundamental right to literacy.”
There is something in this argument that escapes the typical criticisms of legal cynicism and semantic decadence. In other words, the supposed plausibility that one’s right to education is provided in the tools to learn alone irrespective of results of having learned, or that there are meaningful distinctions to be made parsing the terms education, learning, schools, and literacy are both insulting arguments, but they both also fail to reveal the truly heartless core of the document. The State of Michigan has, to my hears, entered into Lewis Carroll territory of Catch-22 deadlocks and tyrannical fantasies. Rights themselves are based upon literacy. Our legal system is one elephantine literature. As far as the courts are concerned, citizens are already grafted into this literature of laws and rights (our names, social security numbers, passports, driver’s license number, fingerprints) than our corporeal or emotional experience bares witness. One cannot be a citizen without the literacy of citizenry. So to say that students have no fundamental right to literacy is akin to saying they have no rights to rights, or legal recourse: they are always-already unjustified.
In “A Mad Tea-Paty” (Alice in Wonderland Chapter VII), Alice is relentlessly misunderstood, misrepresented, and ignored to the tune of everyone else’s ignorance, arrogance and stupidity:
`[…] I believe I can guess that,’ she added aloud.
`Do you mean that you think you can find out the answer to it?’ said the March Hare.
`Exactly so,’ said Alice.
`Then you should say what you mean,’ the March Hare went on.
`I do,’ Alice hastily replied; `at least–at least I mean what I say–that’s the same thing, you know.’
`Not the same thing a bit!’ said the Hatter. `You might just as well say that “I see what I eat” is the same thing as “I eat what I see”!’
`You might just as well say,’ added the March Hare, `that “I like what I get” is the same thing as “I get what I like”!’
`You might just as well say,’ added the Dormouse, who seemed to be talking in his sleep, `that “I breathe when I sleep” is the same thing as “I sleep when I breathe”!’
`It is the same thing with you,’ said the Hatter, and here the conversation dropped, and the party sat silent for a minute, while Alice thought over all she could remember about ravens and writing-desks, which wasn’t much.
Here, the arbiters of logic (Hatter, March Hare and Dormouse) refuse to acknowledge Alice’s inherent human dissonance (i.e. that even though she didn’t say exactly what she meant, she did attempt to communicate with the party with what she did say, and not purposefully confuse the proceedings) while ignoring how their own permutations of proper speech and correct civility reveal further conflict, their absolutist premise that individual particulars always refer to different ideas and never the same breaks down within a few supposedly supportive exchanges.
What makes Michigan’s legal verbiage additionally worrisome is that American society has very recently entered into something close to a post-word era where what you say, what is written, and what words mean, means terrifyingly little. For confirmation of our immediate context, here is The Atlantic‘s James Fallows from just earlier today:
A man who will literally have life and death power over much of humanity seems not to understand or care about the difference between truth and lies.
Since about the 1970s, sociologists and media theorists have speculated that we live in an aliterate society, where people can read but chose not to. And then in more recent decades, critics have discussed the “truthiness” of American public and the failure of evidence to effectively persuade or – in the case of Global Warming – progressively build consensus. Recent days have shown that perhaps these are mere symptoms to a far more oppressive paradox of living utterly outside the sphere of poetry, rhetoric, and apparently also meaning.
Victorian George MacDonald speculated on the what a post-word world might look like in his aphoristic “The Prison”:
I think I have seen from afar something of the final prison of all, the innermost cell of the debtor of the universe… It is the vast outside; the ghastly dark beyond the gates of the city of which God is the light—where the evil dogs go ranging, silent as the dark, for there is no sound any more than sight. The time of signs is over. Every sense has (had) its sign, and they were all misused: there is no sense, no sign more—nothing now by means of which to believe. The man wakes from the final struggle of death, in absolute loneliness as in the most miserable moment of deserted childhood he never knew. Not a hint, not a shadow of anything outside his consciousness reaches him… Soon misery will beget on his imagination a thousand shapes of woe, which he will not be able to rule, direct, or even distinguish from real presences.
This uncanny vision of modern subjectivity trapped in a feedback-loop of solipsistic misuse, unable to grasp the meaning of something even so basic as a sign, is a nightmare curiously attuned to our current predicament where the consensus path of least resistance is often simultaneously considered to flirt with unprecedented disaster. The twin gods of Fate and Chaos seem to have superseded any and all principles of Modernity that help shape self-governance, conceptions of social responsibly, or mutual regard for the rights of individuals. The state of Michigan is essentially arguing to students, individuals, people, anyone, everyone—like the Hatter to Alice, like MacDonald’s cosmic prison—that they simply don’t exist. What words will convince them otherwise?