Judge Gray: Make the System Work

The Functional Libertarian

March 28, 2013

As everyone with any awareness realizes, life today is complicated. Nevertheless inherently things do seem to get done successfully, mostly because the incentives and flexibilities in the private sector deliver what people need, when they need it and for an acceptable cost.

But things can always be better – and that is where we come in. As members of society, each of us can make substantial contributions to our world and way of life by helping to make the system work!

Parenthetically, I am aware that some people have commented that my offerings in this space constitute nothing more than “eat your spinach” columns. Maybe that is true, but we all can use some common sense reminders on occasion, if only because often common sense is not particularly common.

So let us be reminded that there are countless times in which we as individuals can fulfill our responsibilities and make the system work. This is more than good citizenship and to generate good feelings in ourselves, it really does help. Obviously included in this is being a knowledgeable and active voter. But in addition, we can also help by expressing reasoned opinions during our everyday conversations with our friends, and also on talk radio programs and in letters to the editors of the print and electronic media outlets, and, in addition, in letters to public office holders. On this last point, it is a little known fact that most elected officials have a formula that one personal letter stressing a position on an issue represents at least 30 similar views among their constituents. So these letters really count in helping to make the system work.

Another important contribution is selectively questioning the authority of government officials, employers and others with some control over our lives about their actions and rules. It is a natural tendency for human beings inappropriately to expand their power over other people, and if no one questions that expansion, inappropriate results will frequently occur.

` Recently before my wife and I took a wonderful trip to South Africa, I dutifully called Citibank to tell them that I was planning to use my VISA card in some specified countries between some specified dates. But after I used the card just one time during the trip, they suspended it.

After returning home, I called them, reminded them of my previous call and complained. The agent immediately offered their apologies, which, of course the agent is trained to do, but I insisted that I be given a credit of $50 for the hassle. If not, I said I would cancel the card and take my business elsewhere. Since I have been a good customer, Citibank agreed to the $50 credit.

In my view I did them a favor, because someone in the hierarchy will soon see this credit and ask why it occurred. This, in turn, will help Citibank to focus upon what went wrong, tighten up its procedures, do a better job in servicing its customers, and then make more money. So for everybody’s sake, I believe I was making the system work.

Similarly, employers, parents and friends are in a strong position to make the system work by complimenting and rewarding thoughtful and productive behavior by those people around them. All of us hear from other people when things go wrong, but seldom when they go right. Monetary bonuses are fine, but it is also amazing how far a smile and a thank you can go. Try it and see, and by so doing you will be helping to make the system work!

The same thing is true regarding education, where there is no such thing as a boring class – only boring students. If students challenge their teachers by actively participating and asking thoughtful questions, it will almost always result in a positive change. Just like in other areas of life, this will stimulate teachers to perform better – not only for the preservation of their jobs, but also to obtain the gratification of doing their jobs well. Thus students are also in a meaningful position to make the system work.

Finally, in my profession, and contrary to the thoughts of many people, it is not the job of criminal defense attorneys to prove that their clients are innocent of an offense, or even that they are not guilty. Instead it is the defense attorney’s job simply to force the prosecutor to produce enough evidence to prove the defendant’s guilt beyond a reasonable doubt to twelve jurors. In other words, like it is in so many situations in life, it is the job of a defense attorney simply to make the criminal justice system work.

This is our country and our government, and if things aren’t working in both their public and private aspects, we have no one to blame but ourselves. Functional Libertarians openly welcome this responsibility. It is not the government that provides a good life for us, it is our firm responsibility as adults to provide it for ourselves. As a result, “Make the System Work” should be our motto, because, in the end, the responsibility and power to affect our world rest with each one of us.

James P. Gray is a retired judge of the Superior Court in Orange County, California, the author of “A Voter’s Handbook: Effective Solutions to America’s Problems” (The Forum Press, 2010), and the 2012 Libertarian candidate for Vice President, along with Governor Gary Johnson for President. Judge Gray can be contacted at [email protected].