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Is empathy enough?

Is empathy enough? published on 1 Comment on Is empathy enough?

David Brooks has an interesting essay in the New York Times called The Limits of Empathy. In it he discusses the wealth of research published lately on how empathy works as a psychological response, and makes a case that it can’t and shouldn’t be considered the true foundation for morality. This is because the reaction of empathy doesn’t always kick in when it ideally should, to the extent that it should:

Empathy orients you toward moral action, but it doesn’t seem to help much when that action comes at a personal cost. You may feel a pang for the homeless guy on the other side of the street, but the odds are that you are not going to cross the street to give him a dollar. There have been piles of studies investigating the link between empathy and moral action. Different scholars come to different conclusions, but, in a recent paper, Jesse Prinz, a philosopher at City University of New York, summarized the research this way: “These studies suggest that empathy is not a major player when it comes to moral motivation. Its contribution is negligible in children, modest in adults, and nonexistent when costs are significant.” Other scholars have called empathy a “fragile flower,” easily crushed by self-concern.

And when it does, it is shockingly biased:

Moreover, Prinz argues, empathy often leads people astray. It influences people to care more about cute victims than ugly victims. It leads to nepotism. It subverts justice; juries give lighter sentences to defendants that show sadness. It leads us to react to shocking incidents, like a hurricane, but not longstanding conditions, like global hunger or preventable diseases.

All of this is true. Our sense of affective empathy (empathy as an emotional reaction) is most easily provoked when confronted with suffering of people who are like us and familiar to us.  That group includes family most immediately, but can extend toward members of virtually any group who are better known and more like us than those who are not.  Neighbors over non-neighbors. People who go to the same church over those who don’t, or don’t go to church at all. People of the same color vs. another race, people from the same town/state/country before foreigners. Bros before hos*. Preferential empathy isn’t antipathy, it’s important to note…but it can turn into it, given that allegiances with some people tend to create enemies out of the others.

Still, I find that a kind of odd criticism of empathy– that it isn’t all-encompassing, therefore it can’t be a good moral foundation. Psychologist Simon Baron-Cohen, best known for his work on autism, has written that having a deficient theory of mind (the term for our capacity to recognize and understand the thoughts and goals of others) makes it harder for people with autism to experience affective empathy.  But that certainly doesn’t make them into psychopaths.  Instead, it can lead to the creation of a more explicit, removed form of empathy– one based on broad notions of justice rather than being moved by the suffering of someone specific. I find it entirely fitting to use “empathy” as a term for this because the belief that it’s wrong to punish or reward people unequally for the same acts (for example) requires a sense of fairness, and a sense of fairness comes out of an ability to put oneself in the place of someone who is treated unfairly.  This is called the simulation theory of empathy– understanding what a person is thinking and feeling by approximating their situation as best as you can, drawing on your own experiences.  When your theory of mind is just that– a theory– this is how empathy works for you. Cognitively, rather than as an intuitive response.  This way of thinking might have the advantage of provoking people toward a consistent theory of justice, one which isn’t as subject to the biases discussed above.

Brooks concludes:

Think of anybody you admire. They probably have some talent for fellow-feeling, but it is overshadowed by their sense of obligation to some religious, military, social or philosophic code. They would feel a sense of shame or guilt if they didn’t live up to the code. The code tells them when they deserve public admiration or dishonor. The code helps them evaluate other people’s feelings, not just share them.

This is absolutely true. But from what I can tell, that is empathy, if it starts with a consideration for how others must feel and think. We all build our own codes– from scratch possibly, but for the vast majority of us something more like an amalgamation of those developed from people who came before us, cobbled together and modified as we’ve seen fit. If that codification is centered around being fair and not causing suffering, then it seems right to call it empathy-based.

*If ever an expression merited an immediate karmic punishment from the universe….

Woo in the courtroom

Woo in the courtroom published on 1 Comment on Woo in the courtroom

A Michigan couple were accused of sexually abusing their severely autistic daughter. Julian and Thal Wendrow were jailed and their children taken from them and placed in foster care for months before prosecutors dropped the charges. Their daughter Aislinn had supposedly made these accusations– not verbally, as she is mute, but through Facilitated Communication, a method of allowing people with severe autism (as well as people in vegetative states) to communicate that is apparently still being used despite having been thoroughly discredited.

Facilitated Communication is, quite simply, facilitators “helping” a patient communicate by literally moving his or her hand across a keyboard to type out messages. The easiest way to test whether this is actually evidence of the patient speaking or the facilitator is obviously to allow the patient access to certain information of which the facilitator isn’t aware, and then ask him or her questions about that information and see whether the answers are accurate or at least appropriate. This has been tried, time and time again, and it has failed time and time again.  The hope is that FC will somehow reveal a hidden consciousness in the patient which wasn’t clear before, but all evidence to date shows that it is simply a matter of facilitators making statements on behalf of the patients– knowingly or not:

About two hours away, in Schenectady, N.Y., the coordinator of the autism program at the O.D. Heck Developmental Center was skeptical. But his staff members swore by it, and as they were skilled and caring people, psychologist Doug Wheeler decided not to challenge them. Nobody, it seemed, had any interest in asking hard questions. But then some of the messages the autistic patients were typing startled the Heck Center’s staff. Some of the typed messages, for example, would have triggered invasive diagnostic procedures, such as exploratory surgeries or biopsies. Wheeler decided that, despite the faith of the staff who were using FC, the technique called for verification before major decisions were made based on the messages. When Wheeler searched the available journal literature, he found nothing other than Biklen’s article. He decided to conduct his own experiments with a view toward proving to skeptical members of the staff that FC really was a breakthrough. Wheeler designed an experiment using facilitator/student pairs that had used FC effectively. “Students would be shown simple photographs of common familiar objects and asked to name or describe them,” Wheeler later recalled. “The facilitators would be ‘blind’ to the pictures by use of a three foot high divider running down the length of a table. The divider would end at the far end of the table in a ‘T,’ allowing pictures to be hung on each side. The facilitator could not see the student’s picture and the student could not see the facilitator’s picture Over a period of three months and 180 trials with 12 students and nine facilitators, FC didn’t work, not once. Since Wheeler’s experiment failed, what had accounted for the way words had poured out of the autistic clients of the Heck Center after FC was introduced? Wheeler’s trial, and subsequent research by others, suggested that facilitators were unconsciously guiding the hands of the patients. They were so heavily invested in what promised to be a breakthrough in the way autistic people lived, they had become blind to their own role in the communication.
“I wanted so hard to believe that it was real, that I wasn’t able to listen to objective thinking about it,” one of the Heck facilitators told the PBS investigative series Frontline in 1993. “It grabs you emotionally right here and once you’re hooked, I mean, you are hooked.” True believers refused to give up. One expert insisted FC required “faith.” Some parents and FC advocates excoriated Wheeler. But he was also startled to receive calls from all over the world, from fathers in jail, from mothers whose children had been taken away, after charges of abuse had been leveled through FC messages. Abuse charges were remarkably frequent. In 1995, the New York Commission on Quality of Care and Advocacy for Persons with Disabilities reported that over three years it had received 21 allegations of abuse — often sexual in nature — via FC messages. Just one case was considered “confirmed.” The rest were tossed because there was no evidence or because it was simply impossible for the abuse to have occurred.

As you can imagine, the same proved to be the case with Aislinn.

On Jan. 28 and 29, 2008, Judge Marc Barron held a hearing to determine the accuracy of facilitated communication so that it could be used when Aislinn testified in the coming hearings and her father’s trial. Barron ordered that Scarsella leave the room when Aislinn was asked a question. After the question had been posed, Scarsella could return and facilitate Aislinn’s answer on the keyboard. “Do you have a brother or a sister?” Aislinn was asked. “3FE65,” she answered. Could she clarify that answer? “7BQJVWTTT7YI.” “What color is your sweater?” “JIBHJIH.” Belief is a stubborn thing. There were plenty of signs that Aislinn’s supposed accusations against her father were never valid. In early interviews with police she was unable to name her dog or her grandmother, facts Scarsella didn’t know. With Aislinn’s FC being the only evidence that abuse had occurred, the charges were dropped. On Feb. 22, 2008, after 80 days in jail, Julian Wendrow was released. The police said they still feared for the children. “We’ve got the scarlet letter,” Julian told msnbc.com. “Some people will still look at us and think I raped my child.” The family has been reunited, but the damage has been severe. The Wendrows, who are now suing Scarsella and a variety of officials involved in their case, spent an estimated $60,000 on their defense, money they can’t afford because Thal lost her job. The Wendrows suspect the case precipitated her firing. She’s been unable to find another. They fear their house might be foreclosed upon in February. They no longer use FC for Aislinn. Instead, they talk to her, touch her, hope they’re reaching her.

A federal judge ruled in March that governmental immunity protects the prosecutors in this case against claims of malicious prosecution, but let stand some other claims against them and the Wendrows’ suit will go to trial.

James Randi’s term for irrational ideas which are unsupported by science and appeal to mystical notions is “woo-woo,” or just “woo.” For some reason, though FC has been known to be woo since at least 1993, it was used as sufficient evidence to separate parents from their children and accuse them of rape in 2008.  That should absolutely count as malicious prosecution, but in the U.S. protections for prosecutors are so strong that it’s virtually impossible to hold them responsible for it.

Being nonverbal or very slow to begin speaking is common for kids on the autism spectrum. And some of them, while they do not speak, are capable of communicating through text– of their own accord. That doesn’t mean that inside of every autistic child who does not do so, there is a person who is “locked in” and can only express him/herself through FC.  But the hope for this to happen has created an inadvertent monster that just refuses to go away, and it is ruining peoples’ lives.

If you have iTunes, you can go here and listen to show 200 of Penn Jillette’s radio show in which Randi, who has done a lot of work on facilitated communication, calls in to discuss it with Penn and co-host Michael Goudeau who has an autistic son. The show was recorded on 5/9/06.  In the interview they tear into an article  from Time magazine on FC and really delve into why, though parents might desperately want it to work, it’s important to be skeptical about it.