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INDEX:
A Question about the
Ramona case and the so-called "recovered memory
syndrome"...
From Jonathan C. : I have
a question concerning Dr. Jonathan Dolhenty's
comments on Repressed Memory Syndrome. They are
super-titled "There is not a shred of objective
scientific evidence supporting the idea of
repressed memory syndrome," and mention the case of
Ramona v. Isabella.
Dr. Dolhenty speaks
intelligently and fairly, but I couldn't help but
wonder whether Drs. Rose and Isabella actually
asserted such a thing as Repressed Memory Syndrome,
since it is Ramona who brought the case. What's
more, it stands to reason that, unless these
therapists (the defendants) brought this idea up,
it would have to have been Ramona (the plaintiff)
to have made it part of his case. And since it's
such a surreal, unprecedented claim, it's easier to
suspect that a guilty predator was covering his
tracks than that a quacky and enterprising grief
counselor was making an attempt at
celebrity.
My interest is recent, and
my research scant thus far. I haven't the right to
fly to any conclusions, yet I cannot escape feeling
that there's something spooky about this case (the
one, I believe, that brought about the founding of
the False Memory Syndrome Foundation). Yes, Napa
Valley is full of folks with deep pockets-- usual
targets of those who push legal frontiers-- but
they are also powerful. Has anyone speculated what
the wine producers might be trying to hide? No one
doubts that Ramona has undergone an ordeal, but
what if-- just what if-- he did assault his
daughter, and covered it up? Either way, this is
altogether insidious. Thank you for your
attention.
Dr. Dolhenty responds: OK, Jonathan, let me
begin with a few assertions I accept as
foundational propositions:
- It is better for a guilty man to go free
(be acquitted) than an innocent man be
convicted. I accept this as a basic moral
and legal principle and do so partly because if
such was not accepted we would have a
potentially dangerous jurisprudential situation.
For instance, if you had ten suspects in a
crime, and you knew positively one of them was
guilty, you could justify imprisoning all ten
simply to get the guilty one. I find this
totally objectionable, as I suspect any rational
person must.
- Evidence in any criminal case must be
capable of "public" verification, that is, it
must be "objective" and reasonable people
considering the same evidence would generally
come to similar conclusions about the
evidence. This seems to me to be axiomatic,
otherwise all sorts of subjectivity (dreams,
flights of fancy, mere opinions, personal
feelings, hunches, etc.) would have a status
comparable to objective or "public" evidence.
While these subjective phenomena may have value
in certain intellectual pursuits (such as "on
the edge" scientific speculation, fiction
writing, artistic creation, and so forth), they
would be devastating to a fair and just criminal
justice system. A person could be convicted
simply on another's word, or dream, or temporary
mental state, or what the other had for
breakfast.
Now, let me say that I have no idea whether or
not Mr. Ramona was guilty in the original case
filed against him (of child rape). My concern is
with what was presented against him to be
"evidence." My understanding is that the only (or,
at least critical) "evidence" standing against him
was the "recovered memory" of his daughter. And, at
least one of the therapists involved in Mr.
Ramona's lawsuit stated that "recovered memory" was
a real phenomenon and that his daughter had
"recovered" her memory of the alleged rape
incident. My understanding is that this "recovered"
memory was the basis for Ramona's prosecution. For
those unfamiliar with the case, here, briefly, is a
summary of the incident. I quote...
"Perhaps no case in recent memory has been so
publicized and, at the same time, so inaccurately
described as the "Ramona" case. This suit occurred
in Napa County, California. It involved an adult
daughter who during the course of the course of
therapy recalled being sexually abused by her
father, Mr. Ramona, and subsequently confronted him
with the allegations. This confrontation was
facilitated by a therapist and a psychiatrist.
Neither of the mental health professionals made a
definitive statement about the father's guilt. Only
the patient made such an accusation. Her
accusations were the basis for her father's
criminal prosecution by the district attorney's
office. The father was acquitted by a jury.
However, the allegations and criminal prosecution
cost Mr. Ramona his marriage and his well-paying
position as an executive. Mr. Ramona then sued the
mental health professionals for malpractice. The
daughter did not recant her allegations and
testified for the defense in the trial."
From: The
American Professional Agency - The Ramona
Case
Now, let me specifically address the concerns
that you have raised.
"I couldn't help but
wonder whether Drs. Rose and Isabella actually
asserted such a thing as Repressed Memory Syndrome,
since it is Ramona who brought the case." My
understanding is that the family therapist involved
originally raised the issue of recovered memory and
did make a public statement supporting such a
syndrome. I believe it was something like, "Yes,
this syndrome is real," or something to that
effect.
"What's more, it stands to
reason that, unless these therapists (the
defendants) brought this idea up, it would have to
have been Ramona (the plaintiff) to have made it
part of his case." My understanding again is
that Mr. Ramona did not originate the idea of
recovered memory.
"And since it's such a
surreal, unprecedented claim, it's easier to
suspect that a guilty predator was covering his
tracks than that a quacky and enterprising grief
counselor was making an attempt at
celebrity." I have to point out, Jonathan,
that this claim of recovered memory was not
unprecedented in the Ramona case. There had been a
number of cases (many involving the so-called
"multiple personality syndrome") long before the
Ramona case became news. I am aware of some from
the 70s and 80s. The recovered memory notion was
not new at the time of the Ramona trial. Now, I
don't know, of course, whether the therapist was
trying to become a celebrity (I rather doubt that),
but I do think she was practicing psychological
quackery in this specific instance, invoking an
unproved and, I suspect, unproveable
phenomenon.
"Yes, Napa Valley is full
of folks with deep pockets-- usual targets of those
who push legal frontiers-- but they are also
powerful. Has anyone speculated what the wine
producers might be trying to hide? No one doubts
that Ramona has undergone an ordeal, but what if--
just what if-- he did assault his daughter, and
covered it up? Either way, this is altogether
insidious." I am not intimately familiar
with life in the wine country of northern
California although I have traveled through the
area many times and have seen depictions in movies
and read about it in books. You may want to read an
interview with a journalist who lived in the area
and wrote a book about the Ramona case and
discusses life in the area. See: An
interview with the author of a book about the
case. Most of your remarks here are
speculative, so it's difficult to respond to them.
If Ramona did, in fact, molest his daughter, that
was a tragic situation. If he did and managed to
cover it up, that makes it even more tragic.
But...if Ramona did not molest his daughter (as the
jury in his trail seemed to conclude (although, of
course, it's a case of not being "legally" guilty),
then Ramona has suffered at the hands of what I
called psychological quackery, initiated, at least
in part, by the therapists involved.
Regarding the so-called "recovered memory
syndrome," I have to reiterate what I have already
said elsewhere. There is not a shred of objective
evidence supporting its existence at this time.
Furthermore, I have no idea even how such a
"syndrome" could be shown to exist -- that is, what
sort of scientific study or experiment could be
designed to offer evidence in support of it.
I have been a strong critic of what I call the
"psychiatric game" for well over forty years,
probably since I first read Sigmund Freud in high
school and trashed his "theories" of dream
interpretation and other nonsensical concepts he
advanced. I do not accept the concept of "mental
illness" per se, but merely physical illnesses or
conditions which manifest themselves as behavior
problems. And, incidentally, many in the
psychiatric and psychological community have now
come to similar conclusions. (See the books by Dr.
Thomas Szasz -- a well-known psychiatrist -- in The
Academy Bookstore.)
Now, after stating all the above, let me assure
you that child sexual abuse does go on and should
be of genuine concern to us all. What is needed in
such cases, however, is objective evidence and
corroborative evidence that is "public" and
accessible to us all. We cannot afford to have
people's lives ruined by rumor, mere opinions or
suspicions, or by the invention of supposed
psychological syndromes. Should the latter become
commonplace, we are all in danger, terrible danger,
of becoming the victims of the latest psychological
fad or the neighbor next door who doesn't like
us.
A Question
about Deep Ecology and the Gaia Hypothesis...
Received from D'arcy. F.:
What I mean by Deep Ecology
is the position that the environment has intrinsic
value, and therefore, moral standing, apart from
considerations of what types of benefits the
natural world might give to human beings. Nature,
by virtue of its intrinsic value and derivative
moral status, should not be impinged upon in any
way by human beings. Thus the Lockean rights of
life, liberty, and property are seen as
antithetical to the real needs and rights of nature
given its intrinsic value.
The second major stream of
thought in recent deep ecologism is what is termed
the 'state of being' argument for environmental
ethics. Allow me to offer up a quote from Andrew
Dobson's 'Green Political Thought' (Routledge,
1995): "The 'state of being' position begins from
the following sort of premise: that an 'ecological
consciousness connects the individual to the larger
world' (Bunyard and Morgan-Grenville, 1987, p. 282)
and it has been developed in its most sophisticated
form by Warwich Fox(1990). This 'ecological
consciousness' serves as a new foundation on which
a different (ecological) ethics and new
(ecological) forms of behavior would be built. The
idea involves the cultivation of a sense of self
that extends beyond the individual understood in
terms of its isolated corporal identity. This is
added the notion that the enrichment of self
depends upon the widest possible identification
with the non-human world. Ecological consciousness,
then, has to do with our identification with the
non-human world, and the understanding that our
self-realization is presaged upon such
identification, and the behavior that would
logically result. It is not hard to see how an
environmentally sound attitude emerges from this."
Although I have much to
learn about the foundations of this movement, they
appear to be having some trouble with the doctrine
of intrinsic value as applied to the ecology, thus
the 'state of being' doctrine to facilitate the
formulation of environmental ethics. This is a
rather brave opinion at this point in my analysis,
but it appears that deep ecologists are having a
great deal of difficulty formulating a rational
basis for their position and are defaulting to a
more irrationalist approach characterized by the
'state of being' position.
The third theory which
they derive much mileage is the Gaia Hypothesis,
the idea that the organisms which inhabit the Earth
form an interdependence of function which allows
them to maintain the suitable set of conditions
within which them may thrive. In other words,
according to J. Lovelock, the organisms which
inhabit the biosphere keep it fit for life. I
really don't expect you people at the 'Academy to
have philosophical arguments against scientific
theories, but I felt obligated to be as thorough in
my presentation as I could, however, if you know of
some serious refutations of the Gaia position I
would certainly like to know about them.
Deep
ecologist/environmentalist seem to be very similar
to socialists in fundamentals. They seem to believe
in altruism, sacrificing the individual person to
the greater good, central government planning of
the actions of people, etc, etc. Thank you again
for you time and efforts.
Dr. Dolhenty responds: I want to say first of
all that I have no direct intimate acquaintance
with what is called "deep ecology" or the various
theories which are spun from that philosophical
position. I have not read the literature dealing
with this topic and in the following discussion I
am dependent on secondary sources. So I may be
raising more questions than providing any real
answers to your inquiry. My approach, therefore, is
tentative and I'm going to try to deal with each
item one at a time ("Q" refers to the question and
"R" refers to my tentative response.)
Q1.
What I mean by Deep Ecology
is the position that the environment has intrinsic
value, and therefore, moral standing, apart from
considerations of what types of benefits the
natural world might give to human
beings.
R1. I have no problem with applying the
term "intrinsic value" to the environment or any
part of the environment. In some way, I would say,
everything that exists has intrinsic value, simply
by existing and being a "metaphysical good." But,
simply saying that some existent has intrinsic
value does not mean it has "moral standing," at
least in the ordinary sense in which most of us use
that phrase. The word "moral," at least in our
traditional understanding of that word, applies
only to beings which possess intellect and free
will. In this sense, then, the word "moral" is only
applicable to human beings and human acts.
Healthful food, for instance, has an intrinsic
value for human health, but I don't see where that
necessarily gives such food "moral standing." If it
has moral standing, then it must in some sense be
capable of "immoral standing" as well. "Morality"
without the possibility of "immorality" makes no
sense to me at all. Now, if healthful food was
deliberately destroyed by some human being in a
situation where other humans were starving,
"morality" as such, would be involved, and I would
argue that the human act of destroying the food
would be immoral in that situation. Otherwise, the
concept of "moral standing," as applied to all
beings, including those that are not capable of
intellectual deliberation, makes no sense to
me.
Q2. Nature, by
virtue of its intrinsic value and derivative moral
status, should not be impinged upon in any way by
human beings. Thus the Lockean rights of life,
liberty, and property are seen as antithetical to
the real needs and rights of nature given its
intrinsic value.
R2. I have already argued that "intrinsic
value" does not necessarily result in "moral
standing." Nature must be impinged upon by human
beings, as well as by animals and plants, or living
things would cease to exist. Every plant that takes
nutrients from its environment and every animal and
human being who takes nutrients from nature is
impinging on nature. Moreover, nature, as such, has
no "rights." Again, the term "rights" is restricted
to human beings; the concept of "rights" is derived
from "moral standing," but the moral standing is
that of human beings. I would also have to question
the use of the term "nature" here; some of these
"deep ecologists," as well as others, seem to speak
of "nature" as if it was a single being itself with
some sort of individual existence. Frankly, I don't
know what that means. "Nature" is simply a general
term (a universal) which we use to refer to a
totality of beings or existents in the natural
world. "Mother Nature" may, for instance, be
referred to by many of us as if such a being
existed, but, of course, we are only using that
term in a "poetic" sense. The Lockean rights of
life, liberty, and property are applicable to human
beings, and only to human beings; our exercising
those rights should, of course, be done in a
rational manner. We should, of course, treat all
aspects of our environment with care and we should
not unnecessarily harm our natural environment.
Q3. "The 'state of
being' position begins from the following sort of
premise: that an 'ecological consciousness connects
the individual to the larger world'... and so
on...
R3. IF the concept "ecological
consciousness" simply means that we are and should
be aware of our interdependency with our natural
environment, I have no problem with that. But I
suspect that the promoters of this notion mean more
than that. There seems to be an almost "mystical"
connotation that some promoters of this sort of
philosophical position want to apply to "ecological
consciousness." Also, we as human beings are, in
fact, "connected" to the larger world in the sense
of being somewhat dependent upon it for our
existence. But again, I suspect that the purveyors
of this thought mean more than just a simple
"connection" or dependence. I cannot define these
terms for them. So I am left with the questions:
What sort of "consciousness?"; "What sort of
"connection?"; and so on. The "deep ecologists"
also seem to say, as you stated, that "Ecological
consciousness, then, has to do with our
identification with the non-human world." But how
is the term "identification" used here. If it means
that we "recognize" our interdependence with the
non-human world, I see no problem. But, on the
other hand, if it means "true identification" (that
is, individual "A" is the same individual as
individual "B" and "C" and "D" and so on) with the
non-human world, then this is nonsense. It might be
"metaphorical" or "poetic," but it is not otherwise
intelligible.
Q4. The third
theory which they derive much mileage is the Gaia
Hypothesis, the idea that the organisms which
inhabit the Earth form an interdependence of
function which allows them to maintain the suitable
set of conditions within which them may thrive. In
other words, according to J. Lovelock, the
organisms which inhabit the biosphere keep it fit
for life.
R4. Again, there is no question in my
mind, at least, that all living things are
interdependent in some way or other. Also, in
regard to non-living existents, all living things
are dependent to some extent on them. It seems to
me that this notion is hardly controversial and has
been known for as long as human beings have lived
on this planet. (Ancient mankind certainly knew of
its dependence on the natural environment.) As
stated above, I see nothing wrong with the
so-called Gaia Hypothesis. However, according to
one of the secondary references I consulted, this
Hypothesis also includes the notion that the Earth
should be regarded as a "living organism." This is
a horse of another color (to speak "poetically").
There is nothing wrong, I suppose, with "regarding"
the Earth as a "living organism" as long as we are
aware we are speaking "metaphorically" or
"poetically." When, however, we use the words
"living" and "organism" in this context, we
certainly do not mean to use them with the same
meaning we ordinary attach to those terms in common
discourse. Regarding a refutation of the Gaia
Hypothesis, I would argue it is up to the promoters
of such a hypothesis to argue their case with
concise definitions of terms, clear analysis of the
premises involved, and references to the objective
evidence which supports their hypothesis. I suspect
the basic problem they will run into is concise
definitions of terms. On the surface, it appears to
me they attach almost "mystical" meanings to their
terms which makes it very difficult to discuss the
premises and arguments of and for their case. And
remember, I don't have to refute their hypothesis;
they have to justify it. I don't think they've done
that...yet.
This is what I would demand of someone defending
the "deep ecology" theories or the "Gaia"
hypothesis:
- Please concisely and clearly define your
terms.
- Please clearly state your premises so
they can be understood.
- Please provide your supporting evidence,
making sure it is objective and public and can
be accepted by any rational observer.
Q5. Deep
ecologist/environmentalist seem to be very similar
to socialists in fundamentals. They seem to believe
in altruism, sacrificing the individual person to
the greater good, central government planning of
the actions of people, etc, etc.
R5. You may be right, and it is
interesting to me that, generally speaking, those
who are most concerned about the environment also
seem to be "socialistic" in their politics and
economics. I don't want to get into a discussion of
socialism here because that is a complex issue
(there are various breeds of socialism) and is not
essential to this discussion. But allow me to
reflect briefly on two related points.
The term "altruism" has become controversial
today mainly it seems because of Ayn Rand and her
Objectivist philosophy. We should all be aware,
however, that she and her followers define this
term in a way which is somewhat different from the
way most of us use it in ordinary discourse. (Rand
seems to deal only in "black" and "white" concepts,
and this causes problems for some of us who
recognize there are some "gray" areas in real
life.) Now, if "altruism" means "sacrificing an
individual's real good for the alleged 'greater'
good of society or some other abstraction," then I
would argue that altruism is immoral. But, if
"altruism" means "giving up voluntarily an
individual good of mine for the sake of the good of
someone else for whom I care," then, I would argue,
it is not "sacrifice" at all and is a "morally"
good act. I suspect most people use the term
'altruism" in the latter sense.
Also: Micromanaging the actions of human beings
from a central authority never works, as history
shows. Central planning can work and work well in a
limited, small, and personal environment (think of
a family, small village, or monastery). Central
planning never works well when the central
authority is distanced away from the people it's
planning for (think of the federal government which
wastes billions of dollars on perfectly useless
projects and unenforceable laws). Ancient Rome, by
the way, may have fallen more from its growing
central bureaucracy and its inability to handle
central planning for such a large empire than from
any so-called "immorality" of its populace (Note to
the Right: no civilization in history has fallen
because of prostitution and homosexual
behavior).
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