MenAreGood
Indigenous Rituals and What They Tell Us About Men
Excerpt - Swallowed by a Snake Chapter Nine
August 26, 2024
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Cross-Cultural Grief

 

This is chapter nine of Swallowed by a Snake: The Gift of the Masculine Side of Healing.  In the late 1980’s I was confused about men’s ways of healing and bumped into the anthropological research on cross cultural grief.  It was this research that clearly showed the tendency of indigenous people to give men activities following a loss.  The more I studied the more I saw that men relied on action as a mode of healing. It was easy to admire the grief rituals these folks offered to both men and women.  See what you think.


Chapter Nine - Cross Cultural Grief

Indigenous people around the world have highly developed rituals and mechanisms in place in their cultures to aid the resolution of grief. These rituals are an important part of life for these people. Their cultures are fertile ground for grief to be nourished. In many ways we are the primitives, because we have very few mechanisms in our culture that function in a similar way. By studying the way indigenous people grieve we can begin to get some idea about the state of grief in our own culture and our inadequate rituals. Using the analogy of a business or a sports team that is not doing well compared to the competition, we can examine a successful party and learn from their achievement. We will probably not adopt a specific grief ritual from another culture, but we will be able to see how these cultures have incorporated grief into their daily lives and how they have developed different rituals for men and women.

These cultures have implemented action-oriented rituals that allow both men and women tasks that connect them with their grief. In our own culture we have no such thing. We are left to our own devices to heal our grief, many times without the support of a caring community. Given this void of ritual, men and women are put into a precarious state. Often, women are able to overcome this void by using their skills of relating and their natural tendency towards verbally sharing their grief with others, but men, usually with strengths of a different nature, are at more of a disadvantage. Without culturally-endorsed rituals men are left with nothing to do following a death. It has been my clinical observation that men in our culture grieve through task, that is, they find activities that allow them to access and heal their grief. Through studying the cross-cultural literature we can begin to get a glimpse of the possible root of a man’s tendency in our own culture to connect his grief with action.

The least we can expect is to stimulate our own thinking about different ways to express grief. Our own weakness in dealing with grief can be strengthened by observing the strength of the tribal culture’s ritual that is so effective in helping their communities come to terms with their loss. With that said, let’s look at what can be learned from grief around the world.

Community

One of the first things we notice is the difference between the social structure of indigenous people and our own way of life. Tribal cultures live in communities of intimately interconnected people who are closely affected in some way by the death of any member. They live in close proximity, rely on each other for the necessities of life, and usually have a common history and world view. There is a bond between them that is amplified by the feeling of “us” and “we” that develops when a group of people share such interdependence. The people of these cultures have ritual structures in place that are designed to support those in grief. There is usually a strong expectation and a sense of responsibility that the community will lend its support to those in pain. There is a sense that each death is a loss of the community, not a loss that is isolated.

We can contrast this with our own situation, where there is a certain invisibility in our interdependence. We live together in neighborhoods but not necessarily communities. Many times the neighbors who live three doors down the street have little attachment to or connection with our family. We shop in different places and work in different settings. When a member of a tribe dies, it is a person who was connected in many ways to the community. When a member of a neighborhood in North America dies, too often it is merely someone who lived down the street.

The interdependence of the tribal cultures can be better compared in some ways to the family unit in the United States. Families are interdependent in a similar kind of way, with each member having prescribed roles and duties and interacting on a daily basis. In many ways our families have become our communities. But without the embrace of a larger community we are left with fewer places to receive support for our grief. Our primary means of support frequently is limited to the members of our family. A table with many legs is not affected by one leg being sawed off, but a table with three or four legs is crippled by a similar loss. This is one of the reasons for the emergence of grief counseling in our culture.

World View

Another difference we notice is that the world view of the indigenous people in some way brings meaning to grief. Many times grief is seen as food for the soul of the dead person. The Minianka tribe in Africa see the tears of grief as being nourishment to the newborn soul of the person being grieved. Without the tears the soul could not move beyond the land of the living. In this way the mourners see their grief as a benefit to the person who has died. The variations of this theme are many, but they all incorporate the idea that grief is a necessary process and without it there is some sort of trouble. It is easy to see the contrast to our own culture where people tend to feel that their grief has no purpose or meaning, or worse yet, that it is a selfish act.

Marking the Griever

There are many common themes in the grief rituals among indigenous people. One of these is the tendency to mark the griever. All sorts of mechanisms are used, but one that is found in many cultures is hair. For many tribal people hair is a symbol of life. It marks the passage of time and is therefore connected with life and death. Many times the grievers either cut off their hair or allow their hair and (in the case of the men) beard to grow in response to a death. This is done as a symbolic act and as a part of a ritual process prescribed by the community, but it also functions as a way to mark the mourners. All the people of the community are aware that a certain haircut means a person is grieving. There are many variations on this theme, including special cuts where only a part of the hair is cut or all hair is sheared. The hair can be cut with all sorts of instruments, such as sharpened seashells, or it may be burned off. Sometimes the cut hair is saved as a memorial, to become part of a necklace or be used in a ritual. The important message of the special hair cut is that this is a person in pain, a person who is grieving, and the treatment he receives is altered due to his status as a griever.

Other ways of marking the griever include covering oneself with ashes or oil or certain colors of paint. In one African tribe there is a complex system of designating the colors of grief paint to alert the community to the type of loss that has been suffered. For instance, a man whose father died would wear a certain color of paint in a certain place on the body. If it had been his mother who died, the paint would have been a different color and painted in a different design. This simple system not only alerts the community to the fact that this man is grieving, it also clearly marks the type of loss that has occurred.

Bark

 

Bark is used in some cultures both as a way to mark the griever and as a symbol of grief. The Karanga people of Africa wear bark to mark themselves as grieving. Women wear a bark necklace, and men wear a woven bark chain around the head. The bark serves also as a symbol of loss, indicating that an individual has been stripped away from the community as bark has been stripped from the tree.

The story of Jaque, also related in a previous chapter, is another example of bark used as a symbol of loss. When his brother died suddenly, Jaque was torn by sadness and anger. Following ancient custom, he went into the forest, selected a tree and, after uttering a prayer, stripped away a piece of the bark. Now the tree, like Jaque, had lost something whose loss caused deep pain. Many times over the following months he returned to visit the tree. As the seasons passed, the wound in the tree healed. So did the wound in Jaque’s heart. With the tree as a visible reflection of his loss, Jaque was reminded that he, too, was healing. Jaque is a Native American, a Cree.

In this example, the bark of the tree was used as a symbol of the pain that the man was experiencing. As the bark is a covering of the tree, it is almost as if the man had his own covering sliced away in a similar manner. A part of him was taken—not his core, which still exists—but something that was a part of him all the same. The tree stood as a symbol for his loss; it was wounded in a similar way. Each time he visited that site the tree could remind him of his own wound and, as he watched the tree heal, of his own healing.

These are some of the ways native people have used to mark the griever. Marking gives the griever a public role to play and, in essence, permission to publicly and privately grieve. We can contrast this with the invisibility of grief in our culture. One of the last markings to be discarded in our culture was the black arm band. We now have no overt way to differentiate the people in our community who are grieving from those who are not. The men and women who are grieving can feel this invisibility and the accompanying lack of permission to grieve. Indigenous cultures prescribe specific behaviors and roles for the bereaved, the grief “norm” as it were. This can be contrasted with our own situation where there is confusion over where and when to express grief, or how much grief and of what duration is normal. This lack of “norm” leaves everyone guessing. The people I have worked with have all had the same question, “Is what I’m going through normal?” We are left untethered with a great deal of pain but no box to put it in.

When Does Grief End?

In some tribal communities, it is the responsibility of the community to clearly state when the time of official grief has ended. An example might be that a grieving man was marked by being forbidden to eat a certain type of food. When the community members feel it is the right time, they will offer the particular food to the grieving man as a symbol that he is now ready to re-enter the community as a non- grieving person. There are examples other than food—a certain way of dressing or different behavior—but the essence is the same: the community clearly marks the boundaries of grief for the griever. This contrasts with our own culture where there is great confusion about when and how much grief is appropriate. We live in a near vacuum of social indicators about the time needed to grieve. The most prevalent guideline we have is that many people don’t think you should be grieving at all.

Separating Men and Women in Grief

Another form of marking the griever is the separation of men and women in the grief rituals. By separating the grievers these cultures are honoring the differences in grieving between men and women and setting up different containers for healing. An example is the Bara people of southern Madagascar who designate two huts when a death occurs. One hut is the Tranadahy, which means “male house;” the other is the Trano Be Ranomaso, which means the “house of many tears.” During the period of time after the death these huts are used for congregating and receiving condolences. The men’s hut is the center of activity regarding the death. The men plan and initiate the rituals, receive condolences from the male guests, and take responsibility for the body. The women’s hut is more the center of emotional expression, with the women keening, wailing, and crying as they receive condolences from the female guests. These people literally have different places for men and women to be following a death. In this way, men and women are among their own sex and are in a position to be healed by their same-sex community members. It also honors the difference in grieving styles between men and women by allowing the opportunity for each to be near those who grieve as they do.

Tribal people have found a box in which to put grief. That box is ritual. The ritual that is used is both a container for the effects of grief and a norm that shows people the way to grieve. It can be any number of activities. For women the ritual many times is related to sharing their pain with each other, crying or keening. Men, on the other hand, usually have a ritual that includes some sort of action—singing sacred songs, drumming, dancing, tree wounding, etc. When Rosenblatt examined grief in 87 different cultures, he did not find a single culture in which men expressed tears more than women. In nine of the cultures studied the men didn’t cry at all, and in most of the cases studied the men cried less than the women.24 This points to a significant difference among men and women: men don’t use tears as much as women when dealing with their grief. This finding is not limited to western cultures, as many of the cultures Rosenblatt studied were tribal people who still maintained their grief rituals from their cultural heritage. From this we can see that even in cultures where there is an adequate container for grief the men tend to use tears less often than women. This finding seems to verify the research, regarding a man’s decreased levels of prolactin and the increased difficulty for men to access their tears.

What we find when we examine the cross-cultural literature is that men many times have active rituals that help them move into their grief. There is a tribe in Africa where the men literally face the women who are crying and keening in order to get into the mood of grief. They use this activity of watching the women to bring forth their own sense of loss. Even these tribal men with the luxury of intricate and beautiful grief rituals acknowledge that it is not an easy task for them to move into their feeling state. By their actions of facing the women they do something that puts them closer to their own grief.

Drumming

Another active ritual used around the world is that of drumming. The men of the Yoruba in Africa use drumming as an active means to deal with their grief.25 They have a variety of rhythms for different parts of the funeral service; a rhythm for washing the body, a rhythm for lowering the body into the grave, etc. After the death of a chief the men start playing a specific monotonous grief rhythm over and over. This rhythm is played continuously for three days. The men of the tribe are responsible for keeping the rhythm going and do not allow it to stop. They drum day and night, sleeping in shifts and then drumming for long periods. It is through this ritual, and many others, that the men have something to do after the death, and this activity helps them engage feelings of grief. The rhythm signals to the tribe that a state of mourning exists and is a constant reminder of the loss to the community.

Externalization of Pain

Another aspect of active ritual is the externalization of pain. This is accomplished in a great variety of ways, from lacerating the body, scratching oneself until the blood flows, knocking out a tooth, or even cutting off a finger. Anthropologists tell us the reasons for these mutilations are related to a number of factors encompassed in their world view, including rendering the ghost of the deceased harmless, convincing the soul of the dead of the sincerity of the grief, establishing a corporal union between the living and the dead, strengthening the departed, as an offering, or purification. A few anthropologists have seen the core of these actions: they are outward acts that express inner states. By wounding the body in some way, the inner pain has an outer parallel. This is similar to Jaque who wounded a tree as a symbol; it is just that these people are wounding themselves. As their wounds heal, they will have an outer symbol for the healing of their inner wounds. They will also have physical scars to remind them for some time of the loss that occurred. One Australian tribe has a name for grief that literally translated means “bad guts.” That is probably the best description of grief I have ever heard. The mutilations cut away at the “bad guts” and let them flow. There is a ritual among the Aborigines where the blood that is dripping from the mutilated griever is allowed to drip onto the corpse, apparently in an effort to merge the living and the dead and to strengthen the dead person. I am certainly not suggesting that we adopt these rituals as a means to facilitate our own grief. However, they are honest and effective means that these people have found to externalize their pain and “bad guts.”

Let’s turn now to looking in more detail at the way a particular tribal culture deals with grief. We can examine closely the grief rituals and the mechanisms that the men use in dealing with their grief.

The Yolngu

 

Our first example is an Aborigine people of Australia, the Yolngu.26 The men of this tribe begin to work with their grief before a death occurs. As a person becomes seriously ill, the men respond by singing sacred songs. Groups of men gather around the bedside of the ailing person and sing the sacred songs of the tribe. This is not a “let’s sing a song and go” routine. The men will sing continuously as the person lies ill. The purpose of the songs is to comfort the dying person, to keep him alert, to insure that the person will die in the right “Manikay” (sacred song cycle), to alert the ancestors that this person is coming to them, and to insure that his soul will be oriented towards its “home” after death. As the men do this, the women of the tribe are responsible for the care of the sick person and feeding the men who are singing. If there is consensus that the person is dying, the women will also cry or keen along with the songs. This crying or keening by the women is called “ngathi.” Both the crying and keening and the songs by the men are accompanied by traditional Aborigine instruments, the clapsticks and the didgeridoo. Sometimes the ailing person recovers, and if this happens the singers disperse and life goes on. If death occurs, quiet covers the camp, uncharacteristic of the usual hustle and bustle.

At the ritual announcement of the death, which is made by a man, the women of the tribe keen and wail and throw themselves to the ground. At times they will strike themselves with sharp objects. It is expected that the men of the community will restrain the women from seriously injuring themselves. The men step forward and pull the weapons from the women’s hands and throw them out of reach. The women usually respond to this by ceasing their attempts at self-injury. This action of protecting the women is seen as a sign of protection for the grievers, and a show of community support for those who are most affected by the death. It is an action that men can take that is both protecting their loved ones and an indication of their own grief.

The men of the tribe will also keen at times, particularly if the dead person was a close relative, but the more common emotional expression of the men is venting anger by dancing. It is said that the men will dance in an “energetic and violent” manner that signifies hostility. According to Rosenblatt, this expression of hostility directed outward is a common masculine activity following a death. Many times a man’s anger will open the door into his other feelings of grief.27

Tribal Ritual in the 20th Century

The Yolngu people are in many ways between two worlds. Although they have maintained many of their rituals, they also live in the midst of twentieth century technology. If a member of their tribe has died in the nearby hospital, the body is retrieved in ritual fashion. The community goes to the hospital and obtains the body, then forms a “slow, emotional, and ritualized” procession back to their camp. The body, moved with accompanying dancing and singing, is taken to a shelter where it will lie until burial. It is said that even the cars take part in the ritual, slowing, stopping, starting, and reversing as they mimic the movements of the dancers.

The coffin of the dead person is painted with sacred symbols by the initiated men of the Yolngu. These symbols are secret and are not allowed to be viewed by women and children. The purpose of the sacred symbols is to mediate between the soul of the dead person and the ancestors who will help this newly born soul along his way. Prior to the use of coffins, the Yolngu men would paint the body of the deceased with red ochre and then paint on the sacred symbols.

Singing the Grief

Throughout the days of the ceremonies grief is openly expressed, many times through song. These songs communicate many things: a wish for the return of the dead person, memories of the events in the life of the one who died, and the hope of a safe passageway for the soul to the ancestors. The men often will be singing day and night, and will sleep in shifts as the songs continue. The singing of songs by the men is an important part of the funeral service. They are accompanied by the dancing of the women who enact the stories that the songs are depicting.

The grief that is felt and expressed at the funeral ceremonies can continue for some time. It is said that late at night after the day is done and the tasks of the community are completed, you can sometimes hear the keening of a solitary mourner. The sound is heard throughout the quiet of the community and is accepted as a reminder of the pain and grief that the mourner still feels.

The men are responsible for the ritual activities of their community, and in many ways become like stage managers or directors, making the ritual preparations, rehearsing the songs, and making sure the process runs smoothly. The Yolngu men are active in working with their grief, with very specific activities assigned to them. These activities of singing, dancing, and directing the rituals give the men a framework in which their feelings can emerge and be honored and acknowledged. The women are also busy in keening, crying, dancing, caring for the children, and feeding the men. The men and women of this tribe have very specific roles to play, and both support each other through the difficult period of grief.

The Dagura People

 

We now turn to another example of indigenous grief rituals, that of the Dagura people of Africa.28 When a death occurs the women of the village begin to grieve. Their grief is somewhat muted, however, until the men have ritually announced the death. This announcement cannot occur until the men have created a “sacred space” for the grief of the village to emerge, and no man is allowed to show signs of grief until after this ritual space has been created. This is done by invoking the aid of the spirits through a private ritual performed only by the men. The invoking of the spirits is partly designed to elicit enough grief from the mourners to allow the dead person to move into the world of the ancestors. The Dagura believe that the soul’s journey into the next world is dependent in some ways upon the grief expressed by the mourners. Without adequate grief, the soul is thought to be stuck on this plane of existence and unable to leave the world. They have thus connected their grief with a purpose, that being the birth of the soul of the newly dead. The creation of ritual space, a safe container for the expression of grief, is seen as essential to the birthing of the spirit of the person who died. A part of this creation of sacred space involves throwing ashes around the house of the deceased and the ritual preparation of an actual physical space for the grief ritual. The announcement states that there has been a death, the ritual space is ready, and it is now time to grieve.

The Dagura Grief Ritual

The grief ritual itself is complex and beautiful. The grieving space is divided into different sections. The body of the dead person is dressed ceremonially and seated on a stool in the section called the “shrine.” Two women elders are seated next to the body and are charged with the duty to collect the grief that is being expressed and to “load it on” to the dead person to help him or her in the journey toward the ancestors. The shrine is colorfully decorated and contains some of the important possessions of the dead person. There is a boundary around the shrine which symbolically marks the separation between the living and the dead, and outside of the two women tending to the body, no one is allowed to enter the shrine, for to do so would mean entering the realm of the dead.

Between the shrine and the mourners is an empty space that represents chaos. Within this space people are allowed to express any form of grief they want, as long as it is related to their feelings about the death. Crying, dancing, or any expression of emotion is accepted and expected to take place within this space. There are people who are designated as “containers.” These people are often relatives who have come from afar. Their job is to insure the safety of the space for the grievers, making sure that no harm comes to those who are actively grieving. The Dagura believe in releasing grief with all its intensity, but they have also developed a system in which the intensity does not exceed the capacity of the mourners. It is like a system of checks and balances. The containers follow the grievers as they mourn and if they stray out of the ritual space, will gently tap them on the shoulder to remind them to come back into the contained space.

On one side of the shrine are the men of the village and on the other side are the women. Each group consists of mourners and containers. The mourners are further divided by the “kotuosob,” a small piece of rope tied around the wrist of the griever. The rope designates a person who was particularly close to the deceased, perhaps a family member. This marking alerts all the participants that someone who is wearing the “kotuosob” is what they call a “center of the heat” person, that is, a person who is more likely to be in danger of “grieving himself to death.” The Dagura see grief as food for the psyche, necessary to maintain a healthy psychological balance. But they also see its danger—too much grief and a person will “lose their center” and, they believe, can grieve to death. Thus the Dagura designate specific containers to follow closely behind the tagged person and do exactly as they do, including dancing, jumping to the beat of the drum, or pounding the ground. Sometimes when a tagged griever is experiencing a great deal of grief, a group of containers and mourners will form a line behind him or her with each person in the line doing the same action as the primary griever. It is understood that this transmits the feeling of the primary griever into all of those down the line. This type of process is viewed as a form of silent and physical support to the person who is grieving. It is important to point out that among the Dagura the healing of grief is gender specific. That is, no woman will approach a man in trying to help him with his grief, and no man would do the same for a woman. They believe that it takes a man to help release and heal the grief of another man, and a woman to reflect the grief of a woman.

Music

Music plays an integral part of the ritual. The ceremony is accompanied by xylophones and drums and two singers. The xylophones are divided into male and female. The male xylophone follows the mood of the singers and the female xylophone accompanies the male xylophone with a redundant set of notes. The singers are charged with the responsibility of singing (chanting) the life of the dead person. They sing the joy and sorrow of the family history and the events which led up to the death. This spontaneous singing is done in order to emphasize and direct the grief of the community.

Everyone in the community is expected to take part in this ritual. It is held as a solemn responsibility. Anyone who happens to be near the village during the ritual is expected to participate. It is as if death stops life for a while, all other activities coming to a halt. In the words of one singer, “We are trapped in a world in which we are not in control because of the mighty power of death.”

In the Yolngu and Dagura cultures, and in others around the world, grief is vented at the funeral in a very intensive fashion. The rituals of both last about three full days. During that time grief is given all the attention of the community, and it flows and flows. It should also be noted that in both cultures the support for a person’s grief does not stop after the funeral. Most indigenous people have post- funeral rituals that provide further opportunity to express grief. Rituals are practiced throughout the year, often marking important dates such as the one-year anniversary of the death. The community expects the grief to continue for some time, and in both the Yolngu and Dagura cultures grief can be released after the funeral and at the next funeral, if need be. This can be compared with our own culture where there is usually very little expression of grief during the funeral services, and few, if any, culturally-endorsed occasions for expressing grief thereafter.

Both the Yolngu and Dagura examples begin to give us an idea of how our culture lacks sufficient contained space to process the emotions that follow a death. Both have woven grief into the fabric of their lives and into their world view. Both cultures have linked a person’s grief with the purpose of aiding the soul in its journey. These cultures are very explicit in providing markers of who are the grievers and actions and roles to be played. We have very little of this. Both give men specific things to do following a death, activities that help them in connecting to their grief. Among the Yolngu, men have the responsibility of singing, and with the Dagura, men are responsible for the ritual and the healing of other men.

Imagine just for a moment that the people of the Dagura and the Yolngu suddenly lost their active grief rituals. What would happen to their men and women? What would the men of the Yolngu do without their songs? In some ways this is a parallel of what is happening in our culture. We have much to learn from indigenous people about the resolution of grief. We can use this knowledge to find creative mechanisms that are right for us.


24. Rosenblatt, P.C., R.P. Walsh, and D.A. Jackson. Grief and Mourning in Cross-Cultural Perspective. 1976, H.R.A.F. Press.
25. Diallo, Yaya, and Mitchell Hall. The Healing Drum: African WisdomTeachings. Rochester, Vermont. 1989, Destiny Books.
26. Reed, Janice “A Time to Live a Time to Grieve: Patterns and Processes of Mourning Among the Yolngu of Australia.” Culture, Medicine, and Psychiatry, 3, 1979.
27. Rosenblatt.
28. Some, Malidoma. Ritual: Power, Healing and Community. Portland. 1993, Swan Raven and Company.

If you are interested in this book you can find it here.

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Part 3: Consent, the Only Sexual Norm Left




Part 3: Consent, the Only Sexual Norm Left

Follow the public argument over the Cornell case, or almost any campus sexual assault case, and you’ll notice something. It turns on a single question: was there consent? Other moral questions about the same night barely come up. When someone raises them, they’re usually heard as irrelevant, or as blaming the victim.

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Three ideas, briefly

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What disappeared

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For most of history, these norms did most of the work of sexual morality, and they applied to both people. They didn’t wait for harm and then assign blame. They shaped behavior beforehand, so harm was less likely.

 

Why only consent survives

Here’s the key. Consent is the only sexual norm that fits Matrisensus, because it’s the only one that keeps the protected person completely innocent.

A norm like sobriety or dignity can’t do that. It looks at the choices of the person Matrisensus wants to protect: what she drank, what she risked, what she agreed to. Even mentioning such a norm puts some responsibility on her, so the norm simply stops being seen. Nobody argues against it. It just becomes invisible. Consent passes the test perfectly. Whatever happened, the moral question becomes what the other person did to her. An ethics of consent alone is the only sexual ethics in which innocence and guilt always belong to different people.

There’s a second reason. Consent is the only sexual norm decided by feeling. Sobriety and fidelity are about what you do, which others can see. Consent is about an inner state: did she want it? No one else can check that, and it can be reassessed afterward, as feelings about a night change. When consent is the only standard, what an encounter meant is no longer fixed by what happened. It depends on how one person later feels about it.

And there’s an irony. Consent actually comes from the Society Archetype. It’s a kind of contract: a mutual agreement between adults, judged by what each did and said at the time, with each responsible for their part. What Matrisensus keeps is a version stripped of what made it fair. The mutual agreement becomes one person’s inner state, the time of agreement becomes any later moment, and the shared responsibility falls on one person.

 

How we got here

This isn’t mysterious. The sexual revolution rejected marriage, chastity, modesty and courtship as tools of control. Consent was what was left, because both sides of the new culture could accept it. For those who wanted freedom, it was the limit: anything goes between consenting adults. For those who wanted protection, it was also the limit: no harm without consent. Consent is where “anything goes” and “protect the vulnerable” meet.

 

Three levels of desire

It helps to see desire as working on three levels, each meant to guide the one below it. The first is appetite: wanting pleasure, comfort, recognition. The second is self-control: the desire for order and mastery over ourselves. The third is meaning: the desire for purpose and for contributing to something beyond ourselves. A healthy life doesn’t abolish appetite. It puts appetite under self-control, and self-control in service of meaning.

Consent is permission between two appetites. It lives entirely on the first level. The older sexual morality guided that appetite from both levels above. Chastity, sobriety, modesty and prudence belong to the second level: they’re practices of self-control. Dignity, fidelity and the sense that sex is sacred belong to the third. They place sex inside something larger than one night: a committed relationship, the beginning of families and generations, the worth of a person and not just her pleasure.

An ethics built on consent alone has thrown out both upper levels at once. Self-control is dismissed as repression, and meaning as superstition. What’s left is appetite, with nothing above it but permission.

 

What this costs

The older norms protected in advance. Staying sober, taking time, staying among friends, all made harm less likely before any question of permission came up. Consent only protects after the fact, by judging what went wrong. Women lost protective norms and were given a courtroom norm in their place.

Harms that aren’t consent violations — degradation, being used with your agreement at the time, the emptiness of a night both people regret — no longer have any moral language. The only way to name them is to call them a consent violation. So ambiguous encounters get forced into two boxes: assault, or nothing. That’s why cases like Cornell become battlegrounds, and why the definition of consent keeps stretching to cover harms it was never built to carry.

This isn’t only a conservative argument. Christine Emba, in Rethinking Sex, argues that consent is necessary but not enough, and that a consent-only ethics has failed women. Louise Perry makes a similar case in The Case Against the Sexual Revolution.

To be clear: consent matters, and violating it is a serious wrong. The point isn’t that consent is unimportant. It’s that a culture that can see only consent has lost the norms that protected women before consent was ever in question, and has lost the language even to notice what that has cost.

 

One pattern

Across this series, the same thing has happened three times. Hard cases become battlegrounds because their meaning is open, and open meaning is where the fight between protective feeling and fair judgment gets fought. Juries falter in exactly those cases, because a shared moral story produces the shared blind spot that defeats the reason juries exist. And sexual morality has shrunk to consent, because consent is the one norm that keeps the protected person innocent.

Each time, feeling has moved from signal to verdict. The answer isn’t less feeling. A culture that stopped caring about the vulnerable would be worse than ours. The answer is putting feeling back where it belongs: the first word, not the last. Mercy after truth, not instead of it. And judgment that can still see a particular person and a particular act, rather than the story they seem to fit.

David Shackleton

____________________________

David Shackleton is a writer and cultural commentator whose work focuses on identity politics and gender. His books, Matrisensus, The Hand That Rocks the World: An Inquiry Into Truth, Power and Gender, and Daughters of Feminism: Women Supporting Men’s Equality, are available on Amazon. His website is genderhealing.com.



Sources for the series

Part 1

  • Charles G. Lord, Lee Ross, and Mark R. Lepper, “Biased Assimilation and Attitude Polarization,” Journal of Personality and Social Psychology 37, no. 11 (1979): 2098–2109.

Part 2

  • Marquis de Condorcet, Essai sur l’application de l’analyse à la probabilité des décisions rendues à la pluralité des voix (1785).

  • Franz Dietrich and Kai Spiekermann, “Jury Theorems,” Stanford Encyclopedia of Philosophy.

  • Christian List and Robert E. Goodin, “Epistemic Democracy: Generalizing the Condorcet Jury Theorem,” Journal of Political Philosophy 9, no. 3 (2001): 277–306.

  • Reporting on the Clancy jury by NBC10 Boston, CBS News, NBC News, and the Boston Globe, August–September 2026.

Part 3

  • Jesse Graham, Jonathan Haidt, and Brian A. Nosek, “Liberals and Conservatives Rely on Different Sets of Moral Foundations,” Journal of Personality and Social Psychology 96, no. 5 (2009): 1029–1046.

  • Nick Haslam, “Concept Creep,” Psychological Inquiry 27, no. 1 (2016): 1–17.

  • Christine Emba, Rethinking Sex: A Provocation (Sentinel, 2022).

  • Louise Perry, The Case Against the Sexual Revolution (Polity, 2022).

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October 30, 2026
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When Feeling Becomes the Verdict Part 2 (David Shackleton)
Part 2: Can a Jury Still Judge?


Part 2: Can a Jury Still Judge?

When the Clancy jury deadlocked, eleven jurors wanted to find her not guilty by reason of insanity. One man refused. Afterward, several jurors described him to the press as “closed off” and unable to explain himself. His lawyer called him heroic for holding his ground. One juror described confronting him forcefully. The defense asked the court to remove him from the jury.

What he was actually thinking is still disputed. But the scene raises a question worth asking: when a whole culture has already sorted people into victims and villains, can a jury still do its job?


Three ideas, briefly

The Family Archetype is the moral logic of a family: protect the vulnerable, care before proof. The Society Archetype is the moral logic of public life: fair procedure, evidence before judgment, individuals held responsible for what they did. Matrisensus is the family’s logic taking over public life, judging people as members of victim or villain groups instead of by what they actually did.


Why juries work

We tend to think of juries as a democratic courtesy, a way of letting ordinary people have a say. But there’s a more precise reason they work, and it was worked out in 1785 by a French mathematician, the Marquis de Condorcet.

His insight was this: if each person in a group is a little more likely to be right than wrong, and each judges independently, then the majority of a group is far more reliable than any one person. Twelve independent judgments, pooled together, beat one expert.

Notice the key word: independently. That’s where it all depends.


When everyone shares the same blind spot

If the jurors don’t judge independently, if they all tend to make the same mistake for the same reason, the advantage disappears. Philosophers who study this have shown it can get worse than that. A jury that shares one blind spot can be less reliable than a single sensible judge, because instead of correcting each other’s errors, the jurors magnify the same one. A bigger jury just repeats the mistake more confidently.

Matrisensus creates exactly this condition. It doesn’t produce twelve people weighing the evidence separately. It produces twelve people applying the same ready-made story to the same facts. A dominant moral outlook doesn’t make people err in different directions. It makes them agree.

And jury selection can’t catch it. Lawyers screen jurors for bias they’re aware of: a conflict of interest, an opinion already formed. But a dominant moral outlook doesn’t feel like bias to the person who holds it. It feels like plain good sense. A juror who holds it will honestly answer “Yes, I can be fair,” and still be wrong in exactly the way the mathematics predicts. You can’t ask someone to disclose a distortion they can’t see.


What the Clancy jury shows

It helps to remember how a criminal trial is built. It doesn’t shut out compassion. It puts compassion in its proper place.

The trial answers a narrow question: did the person do it, and were they capable of being responsible for it? That question is answered from evidence and deliberately protected from sympathy. Only afterward, at sentencing, usually before a judge, do the defendant’s circumstances, history and suffering get weighed in full. Truth first. Mercy after.

An insanity defense brings one narrow question forward into the trial: because of mental illness, could she tell right from wrong, or control what she did? That’s a specific test, decided on evidence.

Several Clancy jurors described reasoning that went around that test. She had been “failed by everyone,” they said; she was “lost in the system.” One said that testimony about what a loving mother Clancy had seemed weighed on her more than the clinical evidence about her state of mind when she killed. That’s sentencing reasoning — sympathy for a whole life — brought into the place reserved for a narrower, harder question.

Then there’s the shape of the deliberations. The jury was nine women and three men, and the lone holdout was its only minority member. Eleven people converged quickly and emotionally on one account. The one person who didn’t was treated less as someone with a view to be considered than as a problem to be fixed. That doesn’t prove the eleven were wrong. It shows what shared judgment looks like from the inside, and how little room it leaves for the one kind of voice a jury most needs: the independent one.


How far this goes

It’s important not to overstate this. In an ordinary contract dispute or burglary trial, nothing triggers a shared moral story, and juries probably work as well as they ever did. The problem shows up in a specific kind of case: one where the parties can be sorted by identity into categories the culture has already judged. That category isn’t small. For those cases, the reason we trust juries may have quietly stopped applying.


Is there a fix?

Not an easy one. Replacing the jury with a judge just puts the same vulnerability in one person, who comes from the same culture. Better instructions can’t reach a bias the juror doesn’t feel as bias. Appeals courts share the same assumptions.

The only real fix is the one that works anywhere: people capable of independent judgment, who can see a case on its own facts instead of the familiar story it seems to fit. That’s a much higher bar than the jury system was designed to require. But it’s the bar we now face.

Next: Part 3 asks why, in arguments about sex, consent is the only question anyone seems able to see.

David Shackleton

____________________________

David Shackleton is a writer and cultural commentator whose work focuses on identity politics and gender. His books, Matrisensus, The Hand That Rocks the World: An Inquiry Into Truth, Power and Gender, and Daughters of Feminism: Women Supporting Men’s Equality, are available on Amazon. His website is genderhealing.com.

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October 28, 2026
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When Feeling Becomes The Verdict (by David Shackleton)
Part 1: Why the Hard Cases Become Battlegrounds



Part 1: Why the Hard Cases Become Battlegrounds

This fall, two cases have taken over public argument. In Massachusetts, a jury could not agree whether Lindsay Clancy, who strangled her three young children while suffering what her defense called postpartum psychosis, should be held criminally responsible. Eleven jurors said no. One said yes. The judge declared a mistrial. At Cornell, an accusation against seven young men became a national story, and then a contested one, when the local prosecutor said the woman’s first sworn statement differed substantially from the version that spread online.

Neither case is settled, and I’m not going to argue about what happened in either. I want to ask a different question. Why do some cases become national battlegrounds, while others, often far worse, are reported and forgotten within a week?

Three ideas to start with

People live inside two moral systems, and each is right in its own place.

The Family Archetype is how a family thinks. It protects the vulnerable, gives according to need rather than merit, favors its own, and acts on care before proof. A mother doesn’t ask for evidence before comforting a crying child. In a family, that’s exactly right.

The Society Archetype is how public life among strangers has to work. It relies on fair procedures, evidence before judgment, and holding individuals responsible for what they actually did, not for the group they belong to. A court doesn’t comfort the accuser before establishing the facts. In public life, that’s exactly right.

Matrisensus is what happens when the family’s way of thinking takes over public life. It treats whole groups as victims or villains, rather than judging what particular people did. It keeps the people it sees as vulnerable innocent by placing the guilt elsewhere. It speaks the language of compassion, but it works like a verdict.

It isn’t outrage. It’s ambiguity.

The usual explanation for viral controversies is that outrage gets clicks. But that doesn’t fit the pattern. The clearest, most one-sided cases of wrongdoing rarely become lasting flashpoints. Everyone agrees what happened, and the story fades. The cases that never go away are the ones whose meaning stays open.

Sometimes that’s because the facts are disputed. But often the facts are agreed, and what’s disputed is what they mean. A case with one obvious reading gets absorbed. A case with two live readings can be argued forever.

Psychologists showed why in a classic 1979 study. Charles Lord, Lee Ross and Mark Lepper gave people on opposite sides of an issue the same mixed evidence. Neither side moved toward the other. Both became more certain they were right, because evidence that doesn’t settle its own meaning leaves room for everyone to read it their way.

So the real fight in these cases isn’t usually about the people involved. It’s about a rule. Matrisensus says: believe the designated victim, condemn the designated villain. The question is whether that rule is absolute, or only a starting assumption that has to give way when the evidence goes the other way. A clear case never tests that question, because both moral systems reach the same answer. An ambiguous case is the only place it can be fought out in public. That’s why both sides mobilize so completely. If the rule bends here, it was never absolute. If evidence doesn’t govern here, it doesn’t govern anywhere.

This is an old fight

Social media didn’t start this. It just made it faster.

In 1991, Anita Hill accused Clarence Thomas of sexual harassment during his Supreme Court confirmation hearings. No witness could settle what happened. But even certainty about the facts wouldn’t have settled the deeper question: should an uncorroborated accusation block a confirmation, or does fairness require more? The Senate confirmed him 52 to 48, the closest margin in over a century. Hill is still asked to relitigate it more than thirty years later. Clear cases don’t do that to their witnesses.

In 1998, the facts of Bill Clinton’s affair with Monica Lewinsky were agreed almost immediately. The two-year fight that followed, including an impeachment, was entirely about meaning: was this an abuse of power over a young subordinate, or a private matter? And the sides lined up largely by political loyalty, which shows how often people choose their principle based on the outcome they want.

The pattern ran on through the Duke lacrosse case, the Rolling Stone story about the University of Virginia, the Kavanaugh hearings, and the Covington Catholic incident.


The two current cases

Clancy’s own defense never denied that she killed her children. Her case rested on insanity. Investigators had ruled out her husband, Patrick, with surveillance footage and phone records. Even so, a loud online group insisted that Patrick was the real killer, contradicting the evidence and her own lawyers. That goes beyond arguing about meaning. It refuses to accept facts that are settled, because the only acceptable conclusion is her total innocence. Most of her supporters didn’t go that far; the real legal question, whether her mental state removed criminal responsibility, was genuinely hard. But the fringe shows where the rule leads when it’s held as absolute. It ignores not only uncertain facts, but certain ones.

The Cornell case is different: there, a real factual dispute remains open.

A culture that had settled which moral system governs public judgment wouldn’t need to fight this battle every few years. That we do, reliably, since at least 1991, tells us the question is still open.

One last idea

Underneath all of this is a simple principle about feeling. The feeling that something is wrong is real and valuable. It tells us where to look and what matters. But it is true testimony about the person who feels it, not proof about the world. “I feel harmed” is a fact. “So you harmed me” is a separate question. Feeling deserves the first word. It shouldn’t have the last.

Next: Part 2 asks whether juries can still do their job.

David Shackleton

____________________________

David Shackleton is a writer and cultural commentator whose work focuses on identity politics and gender. His books, Matrisensus, The Hand That Rocks the World: An Inquiry Into Truth, Power and Gender, and Daughters of Feminism: Women Supporting Men’s Equality, are available on Amazon. His website is genderhealing.com.

 

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