Socratic Form Microscopy

Socially Conservative Legislation as Akrasia Managment

by Zach Jacobi in Model, Politics

If you hang out with people obsessed with self-improvement, one term that you’ll hear a lot is akrasia. A dictionary will tell you that akrasia means “The state of mind in which someone acts against their better judgement through weakness of will.”

Someone who struggles with it will have more visceral stories. “It’s like someone else is controlling me, leaving me powerless to stop watching Netflix” is one I’ve often heard. Or “I know that scrolling through Facebook for five hours is against my goals, but I just can’t help myself”.

I use commitment contracts (I agree to pay a friend a certain amount of money if I don’t do a certain things) or Beeminder (a service that charges me money if I fail to meet my goals) to manage my akrasia. Many of my friends do the same thing. Having to face consequences helps us overcome our akrasia.

If you’ve ever procrastinated, you’ve experienced akrasia. You probably know the listlessness and powerlessness that comes with it, and the frantic burst of energy that you get as the due date for your task nears. Commitment contracts impose an artificial deadline, allowing akratics to access that burst of energy need to break free from an endless cycle of Netflix or Facebook.

Obviously it would be better if akrasia could be wished away. Unfortunately, I haven’t really met anyone who has entirely succeeded in vanquishing it. All we can do is treat the symptoms. For those of us stuck with akrasia, managing it with sticks (and perhaps the occasional carrot) allows us to accomplish our goals. Time your sticks right and you rarely get the listlessness or the shame that can go with it.

Recently, I’ve started viewing social conservatives who push for tough morality laws and then personally fall short of them as more than risibly hypocritical. I’ve begun to think that they’re deeply akratic individuals who think that strong public morality is their only hope for living up to their own standards.

This model has fundamentally changed the way I look at the world. When I read John Scalzi’s rant about covenant marriage while researching for this post –

As a concept, it's pretty damn insulting. "Covenant Marriage" implicitly suggests that people won't stay married unless they subject themselves to onerous governmental restrictions on their personal freedoms; basically, it's the state telling you that it expects you to get a divorce at some point, unless it makes it too annoying for you to get a divorce to make it worth your while. The State of Arkansas is banking on sloth, apathy and state bureaucracy to keep a bunch of bad marriages together, as if bad marriages are really better than divorce.

– All I could think was yes! Yes, that is exactly what some of the people pushing covenant marriage believe and want. They believe that a bad (or at least difficult) marriage is better than a divorce. But they don’t trust themselves to stay in a difficult marriage, so they want to strongly bind their future self to the decisions and values of their current self.

Most of the akratics I know have been unable to overcome their akrasia via willpower. Only the consequences they’ve set up are effective. By the same token, social conservatives who frequently let themselves down (like serial adulterer Newt Gingrich, or any of these nineteen others) might be trying to overcome their failings by increasing the consequences. For everyone.

On one hand, this leads to onerous restrictions on anyone who doesn’t share their views. On the other hand, there aren’t many levers left to accomplish this sort of commitment device except through legislation that affects everyone. Look at marriage; in America, no-fault divorces are allowed in every state. You can enter a so-called “covenant marriage”, with more onerous exit requirements, but these are only offered in a few states and can be avoided by divorcing in a state with different marriage laws. Adultery laws are all but dead.

Even enforcing fidelity through prenups is difficult. Such clauses have been ruled unenforceable in California. While some other states might decide to enforce them, you’re still left with the problem of actually proving infidelity actually occurred.

This isn’t to say that I have a problem with no-fault divorces. If I didn’t support them for helping people leave terrible marriages, I’d support them for ending an embarrassing daily spectacle of perjury. But it is amazing that many governments won’t let consenting adults make more stringent marriage contracts if that’s what they choose. America let people get underwater mortgages that could never be repaid. But it won’t let a pair of adults set harsh penalties for cheating?

Faced with such a dearth of commitment options, what’s an akratic to do? Fail? If you’re religious, this is opening you up to the possibility of eternal damnation. That’s clearly not an option. Fighting for regressive “family values” laws becomes a survival mechanism for anyone caught between their conservative morality and their own predilections.

I know societal punishments aren’t a perfect solution for akrasia. Many people desire not to shoplift, yet shoplift things they don’t need anyway, despite all the penalties. Beeminder isn’t a perfect solution either. Some people lie. Some people give up. But it helps some people. It helped me.

For some people, societal punishments are the only thing that will work. In a push to liberalize everything about society, liberals really have backed some people into a corner. It wouldn’t be that hard to let them out. Make cheating clauses in prenups enforceable and allow them to include punitive damages. Allow couples to set arduous conditions on their own divorce. Listen to what people want and see if there are ways that we can give it to them and only them.

I can see the obvious objections to this plan. It might sweep up young romantics, still indoctrinated by their parents and ruin their lives. Some (from the liberal point of view) bad contracts could become so common that everyone faces strong social pressure to make them. But these are both issues that can be addressed through legislature, perhaps by requiring a judge to certify adequate maturity and understanding of the contract (to address the first concern) and forbidding preferential treatment from institutions or businesses based on marriage (or other salient contract) type (to address the second).

There are some things that liberals and social conservatives will probably never be able to compromise on. Gay marriage, trans rights, and abortion… these should be our non-negotiable demands. What makes these our red lines is the realization that we must allow individuals to make their own choices (and not deny them any benefits that people who make other choices receive). The cornerstones of social liberalism are a celebration of authenticity and an openness to the freely made personal choices of others, even when we disagree with them. Even when we think they’re nonsensical. Even when we think they’ll bring only grief.

It’s the authoritarian who seeks to make their choices the choices of everyone. Too often that authoritarian is the social conservative. Allowing them to sanction themselves won’t end that. Too many are motivated by self-righteousness or a belief that what works for them must necessarily work for everyone else. We can’t fix that. But we sure as hell can be better than it.


Epistemic Status: Model</p>

Tags: liberalism, social conservatism, tradeoffs are hard