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Balkinization Symposiums: A Continuing List E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahman sabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Stubbed-Toe Compatibility
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Sunday, July 19, 2020
Stubbed-Toe Compatibility
Ian Ayres
Years
ago, when I was in my late twenties, I was dating a Washington lawyer named
Claire whose young sister tragically died in the Alaskan wilderness. The
three of us had planned to go on an end-of-the summer vacation near
Charlottesville. But when Tara failed to appear, concern soon turned to
distress as we learned that Tara had never returned from a camping trip with
her native Alaskan boyfriend.
A
day later, instead of starting that vacation, I found myself embarking on a
cross-continental trek to the northern slope of Alaska to join Claire and her
family in their search for Tara. Flying by myself, in an era before
cellphones, I was left to wonder what Tara’s family had found when they had
arrived ahead of me.
After
hours of travelling incommunicado, I finally was able to unfold my 6’4”
jet-lagged body from a small propeller plane in the distant town of Barrow, a
hamlet figuratively at the end of the world. Claire was waiting to pick
me up at the gas-station sized building that served as the town airport.
With just a few words, I learned that Tara was dead. Tara’s overturned
boat and her drowned dog had been found at the edge of a vast, barren delta.
I
can still viscerally replay the uncertainty I felt about how best to console my
sweetheart. She was grieving and my first instinct was to enfold her,
literally and figuratively, in my care. But it wasn’t clear to me what
she wanted. Could giving her space to be with her family or be by herself
be the best consolation? Even asking her seemed to be imposing a burden at the
worst possible time. I didn’t want this to be about me.
Later
that evening while talking with Tara’s brother, I realized that Claire had gone
off to bed. Unsure of where to sleep and unwilling to disturb the family
by knocking on unknown doors, I ended up sleeping in my parka on a bare wooden
floor in a narrow hallway.
A
few weeks after my trip to Alaska, I gathered with Claire’s family in upstate
New York for Tara’s funeral. I was happy to be tasked with running
several small errands. But when I returned to the auditorium just before
the ceremony was to begin, I was again paralyzed by indecision. Should I
try to find where the family was gathered back stage? Were they expecting
me to sit with them? Would it be an imposition to even ask? I
remember thinking that if I sat with the family, it would decrease the chance
that Claire would have a parent or sibling sitting on each side of her. I
ended up silently taking a seat among Tara’s many University friends several
rows back. In the car to the cemetery, Tara’s brother kindly emphasized
how much he wished I had sat with the family.
Within
a few months, Claire and I were no longer a couple. I don’t believe my
failures to console Claire caused the break up. Rather, it seems that
those failures were symptomatic of a broader incompatibility.
I’ve
continued to think about these moments over several ensuing decades. I happily
married another, and our two children are now roughly the same age I was when I
confronted this dilemma. I worry that they, like me, will not know how best to
console their loved ones when the need arises.
Death
is not the only test of sympathetic compatibility. Abraham Lincoln liked to
tell the story of a boy from who “stubbed his toe while running to see his
sweetheart.” When asked how he felt, the boy said he was too big to cry,
but too badly hurt to laugh. Lincoln’s tale asks us to consider the
liminal emotional state of the person who hurts himself in front of his
sweetheart, but what happens next in the narrative may speak volumes about the
couple’s prospects for happiness. How we react to something as trivial as a
stubbed toe might tell us something about whom we are compatible with as
partners.
Imagine
that you stubbed your toe in front of your sweetheart. Would you want to
be hugged? Or would you prefer to be left alone until the pain
subsides?
Either
reaction is perfectly reasonable. People who harbor deep desires to be consoled
would be additionally hurt if their sweetheart failed to step forward. On
the other hand, people who want a moment of solitude might be irked that they
have to “deal with” their beloved’s unwanted attention on top of the toe
trauma.
These
divergent preferences to be or not to be consoled can impact compatibility,
because sweethearts sometimes also have strong desires to console or not console.
Consolers can be hurt if they are denied the opportunity to hug a loved one who
is in pain. Non-consolers can feel burdened if they have to hug.
Couples
have what I’ll call “stubbed-toe compatibility” if they have mutually
compatible preferences with regard to consoling and being consoled.
Couples can be compatible in a variety of ways. Imagine that Chris wants
to hug when seeing his or her sweetheart in pain, but doesn’t liked to be
hugged after a good toe-stubbing. Chris will be most compatible with
someone who likes to be hugged but doesn’t like to hug. Compatible
couples might both like to receive and give hugs; they both might like to leave
the other, and be left, alone. Or, as with people like Chris, they might
have compatible preferences where one person prefers to be and one prefers not
to be consoled.
None
of the possible preferences that someone might have carry any particular moral
weight. Hallmark-card movies tends to extol hugging culture, but the
negative connotations with the words “cloying” and “clingy” are equally
valid. Neuro-atypical people who prefer not to touch or be touched
deserve equal respect.
While
your preferred reactions to a stubbed toe are not of any great moment, these
preferences tend to persist across different traumas. Paying attention to
what you and your sweetheart prefer with regard to seemingly trivial stresses
can provide insight into how best to react in the face of more serious
traumas. Assessing your stubbed-toe compatibility may be a useful relationship
diagnostic. If I’d paid closer attention to how Claire reacted to more trivial
obstacles, I might have been better prepared when she confronted the
catastrophic.
Sweethearts
might also talk through the stubbed-toe parable to better manage possible incompatibilities.
The preferences described above need not be invariant. Couples who are
initially incompatible are not doomed to failure. Often the preference of
a partner will be to do whatever will provide the most comfort to their grieving
loved one. That was my overarching desire years ago in Alaska.
Communicating your preferences – providing advance directives about how you
would best like to be consoled—or consciously considering what your sweetheart
wants with regard to small bruises may help guide responses to larger future
traumas.
When
there are incompatible consoling preferences, the person who hasn’t experienced
trauma should try to accommodate the desires of person who has. Indeed,
the more serious the beloved’s pain, the greater the responsibility to try to
overcome one’s own preferences about how to console. Yet even here
incompatibilities may persist. In the play Curious Incident or the
series Atypical or Big Bang Theory, characters manifest a range
of discomfort in consoling through touch. In the movie, Rain Man,
a momentary touching of heads is the most that the autistic protagonist can
manage. I think of myself now as a hugger, but my indecision in Alaska is
also indicative that in some situations I may be more comfortable hanging
back.
My
quandary over what I should have done or not done in Alaska has haunted me over
the ensuing decades. In retrospect, I wish I had explicitly asked what
kind of consolation Claire wanted. I wish I had gone backstage at the
funeral and asked if there was anything else I could do. The efforts not
to burden the grieving and to avoid making this about me ended up isolating me
from people I cared for.
Providing
consolation to a loved one is a kind of gift. And while, like any present, it might be valued more if you can suss out what your sweetheart wants without
having to be told, sometimes the stakes are too high to hope for a lucky
guess. It’s one thing to take a chance on giving a loved one a bobblehead
lookalike (a birthday present I recently gave my beloved spouse, which she
definitely wouldn’t have purchased for herself). But on serious issues,
it’s not prudent to blindly guess at what your loved one needs.
To
be human is to encounter pain. Any long-term relationship will inevitably
have to find ways to cope with the slings and arrows of outrageous
fortune. Finding someone with compatible consolation preferences might
help you weather the storm.
*Claire and Tara are pseudonyms. Posted 10:22 AM by Ian Ayres [link]
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