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Social scientists and social commentators are often more powerful than they like to admit

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The use of a comic lifestyle disease to keep a reckless Texas driver out of jail underlines the need for clear definitions in social science, argues Alan Shipman.

cartoon by Catherine Pain
With one mighty leap of imagination, a teenage killer has walked free – leaving expert witnesses perturbed by their own persuasiveness. Ethan Couch might once have been on a drink-fuelled road to nowhere. But in the sort of judgement that inspires defence lawyers and appals everyone else, Couch has now been spared jail for causing several fatalities while driving – on the grounds that his chaotic impetuousness was not his own fault. An attorney successfully argued that a serious lifestyle disease, Affluenza, was the reason for his client going out of control. 

Affluenza was defined as the inability to defer any gratification, tolerate delay, or show any understanding of ordinary people, arising from being brought up in a super-rich household that catered for its children’s every need.

Instead of being locked up, Couch will attend a special rehabilitation centre – at a cost of $450,000 a year, to be met by his parents. To many observers, this highlighted the absurdity – and injustice – of the US court’s decision.  The offender will continue to be provided with facilities and treatments that are beyond the imagination of the vast majority of less-than-affluent citizens. If Affluenza can be treated at all, a scrappy boot-camp in the Bronx might be a better place to start. 

The ‘Affluenza Defence’ raises disturbing questions for judicial procedure. But these are largely confined to Texas, and likely to be quickly addressed through changes in the law already being prepared. 

A more serious issue – arousing concern well beyond the six people killed or maimed by Couch’s carelessness, and their families – is the way a jokey social science concept was elevated into a serious (and successful) legal defence. 

Taken too seriously…
‘Affluenza’ was popularised by the science writer Oliver James, whose medical credentials are significant. He trained and practised as a clinical psychologist, gaining experience that extends to child psychology. But James introduced Affluenza as catchy term to describe the malaise of those who don’t have to work for what they consume, and expect all rewards to be a finger-click away. It has never been given a precise diagnosis, or clinically researched to track down causes or investigate cures.

The concept had earlier been chronicled in the US by Jessie O’Neill, who may have glimpsed it at first-hand as a daughter of the General Motors founder. But she used it as a concept in social psychology, diagnosing easy wealth’s derailment of the ‘American Dream’, rather than focusing on what over-indulgence does to individual minds.   

The psychologist whose testimony persuaded the judge to take Couch’s ‘Affluenza’ seriously, Dick Miller, has vigorously defended his diagnosis. In court, Miller argued less in terms of the specifics of the ‘disease’, and more about the practicality of the situation. Jailing the teenage tearaway would just leave him to fester at state expense, whereas an expensive clinic might steer him towards rehabilitation. But because the disease is not formally recognised or medically understood, it is difficult to be sure how rehabilitation can proceed, or its success be measured. 

A cynic might argue that the prison regime, in which wishes are frequently ignored and gratification routinely deferred, might be the better antidote. Cynicism is, after all, an equally identifiable condition with a much longer social history.  But neither jail nor clinic is likely to work if Affluenza turns out to be hereditary, unless the rich can buy their way to the head of the gene therapy queue.   

… and still not understood
The fuzziness of the concept means Miller and the district judge he persuaded, Jean Boyd, may well have misunderstood it. Although Oliver James has not (yet) managed to get Affluenza into the influential Diagnostic and Statistical Manual, he did travel the world to track down multicultural cases of the ‘disease’ for his 2007 book of the same title. This summarises the condition as “an obsessive, envious keeping-up-with-the-Joneses, that has resulted in huge increases in depression and anxiety among millions”. 

On that definition, Affluenza is not a rich kids’ affliction at all. It is more likely to affect the many who don’t come from ultra-comfortable family backgrounds, and hanker after luxuries and lifestyles they cannot have. Lee Gibb’s ‘The Joneses: How to Keep Up With Them’ was first published in 1959, as parody of the English lower middle classes whose prime minister was about to declare that they had “never had it so good”, but who were eternally frustrated that their neighbours seemed to have a newer car, a bigger home-extension and a more discerning collection of antiques. Their condition was practically the opposite of Ethan Couch’s, whose problems appear to arise from having nothing more to envy or aspire to. And it’s likely to have had opposite effects: spurring them to earn more income in order to spend more, rather than getting drunk and crashing a pickup truck.

The lesson of this sorry saga is that social scientists, and social commentators, are often more powerful than they like to admit. They need to take care when disseminating words and concepts whose intuitive appeal can outrun their evidential grounding.  For every half-formed theory or less-than-serious causal mechanism, there is at least one lobby-group or lawyer keen to build it into a serious argument.  So from Freud’s ‘subconscious mind’ to Marx’s ‘surplus value’, public thought and political action get reshaped by big ideas, while intellectuals are still debating exactly what they mean.
Alan Shipman 21 February 2014

Alan Shipman is a lecturer in Economics at the Open University. He is responsible for the modules You and your money:personal finance in context and Personal investment in an uncertain world,  part of the foundation degree in Financial Services.
The views expressed in this post, as in all posts on Society Matters, are the views of the author, not The Open University.
Cartoon by Catherine Pain
 

 


How corrupt is the UK?

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Hackgate, political fraud, Hillsborough: the UK has the potential to be as corrupt as anywhere else in the world.

cartoon by Catherine Pain
There is now a daily diet of corruption scandals hitting the headlines in Britain, from phone tapping by the media to a range of cover-ups at banks, the BBC, and in the police. Our major institutions are repeatedly being exposed as arenas where corruption, if not rife, is present in far greater quantities than many of us first thought. 

Britain previously claimed a proud, if naive and largely mythical tradition of fair play and of open politics but is now daily being humbled by sensational stories of scandalous behaviour. Humble Britain, or so we thought, could never compete with explosive scandals that plague other countries.

The World Bank's definition of corruption, probably the most widely used, is simply 'the abuse of public office for private gain'. This is the definition used by the major anti-corruption NGO Transparency International which annually produces what it call the world corruption index.  

The latest Global Corruption league table, for 2012 ranks Denmark, Finland and New Zealand equal top (or least corrupted) of 174 nations. The UK is joint 17th along with Japan. The most corrupt countries are many of those torn apart by internal conflict or subject to western armed intervention – Iraq is 169th, Sudan 173rd, Afghanistan equal bottom with North Korea and Somalia.

But the recent historical experience of Britain shows that the definition given above is far too narrow to allow us to understand the problem completely. It is a definition that has its origins in thinking about the problem of corruption as something which affects developing or economically 'backward' societies that fail to respect the liberal division between 'public' and 'private' domains. 

'After the collapse of Enron and Worldcom, Europeans and Americans cannot assume that grand corruption is something that belongs primarily to the non-Western "Other" or to public-sector officials in defective state bureaucracies can also be found in the very heart of the regulated world capitalist system,' argues David Whyte, who organised a conference last year into corruption in British life with the Centre for Crime and Justice Studies.

'If we have corruption in British public life, we have always been told, it is only at the margins of our public and private institutions', he argues. 'Thanks to the daily reporting of major newspapers getting involved in phone taping and pay offs to police officers, the seemingly endless examples of the falsification of police statements in some of our highest profile cases such as Stephen Lawrence and Hillsborough, LIBOR rate-fixing, personal protection insurance mis-selling, horsemeat in our burgers, arms companies bribing foreign governments, drug companies illegally paying other drug companies to keep accessible medicines off the market, politicians being paid to ask questions and fixing expenses claims and so on and on and on, this whopping great myth is no longer plausible.

'There is now more than enough evidence in the public domain to show that corruption is endemic in our political institutions, our businesses and our police and security forces. We live in a world in which the boundaries between public and private power are increasingly blurred. Corruption appears to be spread through British public life using increasingly complex systems which show no respect for the boundaries between public and private domains.'

We now live in an age where the disconnect between mainstream politics and the electorate is becoming increasingly more acute. What is urgently needed is a dialogue between campaigns for police accountability, tax justice, executive pay, political and corporate accountability, and the transformation of the financial sector.  

Such a dialogue already exists (see How Corrupt is Britain?). I urge you to engage with it.
Dick Skellington
26 February 2014

Content of this blog is taken from How corrupt is Britain? by Dr David Whyte of Liverpool University, who guest-edited the proceedings of a conference on corruption held at the University of Liverpool in May 2013 and organised by the Centre for Crime and Justice Studies, of which The Open University's Centre for Comparative Criminological Research is a partner.

The views expressed in this post, as in all posts on Society Matters, are the views of the author, not The Open University.
Cartoon by Catherine Pain
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