law | The Direction of Intention

An Evolutionary Line [David’s blog on KS Friday]

Posted on November 28, 2025 by davidrobinsoncreative

“Whenever men take the law into their own hands, the loser is the law. And when the law loses, freedom languishes.” Robert Kennedy (clearly not Jr.)

This handle is well worn. It comes from a time before electricity relieved muscle and hands of much of their day-to-day duties. As artists from-another-era, we are drawn to things worn smooth by human hands. I love my brushes precisely because they are well-worn; they fit my hand because my hand, unique in all the world, has worn-its-way into the handles. My brushes carry the record of my life’s work.

Because of a play that I’m writing I’ve been reading and rereading The Oresteia, a trilogy of plays by Aeschylus. “The trilogy explores the transition from personal vengeance to a more civilized, legal system of justice.” (A-I) The cycle of plays is a celebration of human evolution, progressing from the chaos of revenge and retribution to a society with a system of laws that maintain order. Aeschylus wrote the Oresteia because a society based on law was a relatively new idea, an evolutionary line drawn in the sand marking the transition from animal to human nature, from impulse-driven to rationality guided by complex moral systems. The law is the foundation stone of democracy and of our freedoms.

Currently, we are witnessing an all-out assault on the law. From a justice department driven by the retribution-fantasy of a single man to a Supreme Court undermining the Constitution it is sworn to protect, those in power would rather us devolve, step back across the line into animal revenge. They are literally taking the law into their own hands. Their revenge-imperative threatens our moral order. Our freedoms are in peril.

This is not the first time our foundation stone has been under assault, it is not the first time a privileged few deluded themselves into believing that they-and-they-alone ought to rule. The path to autocracy always begins by undermining the law, by twisting it, weaponizing it to serve the opposite of its intention.

Our system of laws is like that well-worn handle. It is our heritage, our inheritance. It fits in our hands because our hands have left our imprint upon the law and the law has left its imprint on us. We’ve worked for it, fought for it, died for it. It’s why we take to the streets. It’s why we boycott businesses that bow to authoritarianism. It’s why we run from our homes to blow whistles and record the abuses of ICE. It gives me hope.

In the final play of the cycle, the goddess Athena – yes, a goddess – establishes law and order, a legal system – better than bloody revenge – to resolve conflicts. Her new system ends a dark curse that reached back generations, a curse that had been plaguing humanity. With her system of laws and courts, her invention of a jury by peers, she opened the door for humanity to progress from primitive retribution to civil society. She laid the foundation stone for a new idea – democracy – to replace the animal-revenge-mentality perpetuated by autocrats and kings.

Kerri’s albums are available on iTunes and streaming on Pandora

read Kerri’s blogpost about THE HANDLE

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Filed under: Identity, KS Friday, Metaphor, Perspective | Tagged: Aeschylus, artistry, authoritarianism, chaos, civil society, david robinson, davidrobinsoncreative.com, democracy, justice, Kerri Sherwood, kerri sherwood itunes, kerrianddavid.com, kerrisherwood.com, law, Law and Order, moral order, retribution, revenge, story, studio melange, the melange, The Oresteia | 1 Comment »

This Simplistic Principle [David’s blog on Merely A Thought Monday]

Posted on September 8, 2025 by davidrobinsoncreative

Years ago I facilitated a conversation with students about the first amendment. They were doing a research project and ran headlong into a wall of hate speech from the KKK. They were horrified and adamant that this kind of expression shouldn’t be legal. The question was this: if you restrict their freedom of speech are you not also restricting your own? Infringing on the core liberties of any group – no matter how much we disagree – damages constitutional protection and endangers the freedom of speech for everyone.

It’s not a fundamental right unless it protects everyone equally. That is the genius of our constitution.

In the past six months we’ve witnessed the suspension of due process (a violation of the 5th and 14th amendments), the suspension of habeas corpus (a violation of article one, section nine of the constitution) and, more recently, the Posse Comitatus Act (a violation of federal law).

People are being plucked off the street and “disappeared”. People are being sent to concentration camps without charge (violations of due process and habeas corpus).

The government is using the military as a police force against civilians (a violation of posse comitatus).

We’ve also been witness to The Supreme Court ruling that a president has absolute immunity from prosecution. The law no longer applies equally to everyone so, essentially, the law no longer applies to anyone. Witness the immunity granted to the January 6th insurrectionists by the president who has absolute immunity.

To MAGA and to the republicans who hear-and-see-no-evil, to the law firms that have folded, the no-longer-free press, to the tech bros scooping up our data and to the fox fueling the fascists, the message is the same to you as it was to my long ago students: what is being done unto others will soon be done unto you. It’s not a right or a fundamental freedom unless it applies to everyone. Everyone. Understanding this simplistic principle is what makes it an imperative to fight for the rights of others, even when you don’t agree with them. Understanding this simplistic principle this is what it means to be woke. We-the-woke know that you do not yet understand this simplistic principle. When due process dies for other people, it also dies for you. When immigrants or democrats can be incarcerated and disappeared without charge, it will inevitably happen to you.

Do you understand that this simplistic principle is the genius of our constitution. It’s why we are marching and protesting and resisting this authoritarian take-down of our democracy. We believe protecting the freedoms and rights of others is to protect our personal freedoms and rights – and yours. As you cheer the military rolling into L.A or snicker as the president declares war on Chicago, as the freedom to vote is being stripped from women and people of color…we-the-woke wonder at what point you will wake-up. At what point will you realize that these losses of freedom also apply equally across the board?

read Kerri’s blogpost about RIGHTS

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Filed under: Edges, Perspective | Tagged: artistry, david robinson, davidrobinsoncreative.com, due process, Fifth Amendment, First Amendment, Fourteenth Amendment, habeas corpus, individual freedoms, Kerri Sherwood, kerri sherwood itunes, kerrianddavid.com, kerrisherwood.com, law, Posse Comitatus Act, presidential immunity, rights, story, studio melange, the melange | 1 Comment »

Look Closely [David’s blog on Flawed Wednesday]

Posted on July 2, 2025 by davidrobinsoncreative

Look closely. The dill wilts under the heat dome. Unusually high temperatures and humidity leave it unprotected.

Look closely. Once upon a time we enjoyed an FCC policy called The Fairness Doctrine. It was also known as the “truth in media” regulation. It required broadcast media to present contrasting viewpoints on controversial issues. It was intended to promote public discourse while preventing biased media agendas. It was largely successful. Rupert Murdoch hated it. Ronald Reagan repealed it. “The demise of this FCC rule has been cited as a contributing factor in the rising level of party polarization in the United States.” The demise of The Fairness Doctrine stimulated the divisive info-bubbles that we now inhabit. It opened the door for the rise of the toxic Murdoch fox and his ultra-conservative copycats. It has left us unprotected.

Look closely. We did not arrive here by accident. Party polarization. Divisive echo chambers. Biased media agendas. The absence of civil public discourse. 24/7 commentary and opinion uprooted from reality and meant to foster outrage. It’s fertile ground for dark money purchasing politicians and supreme court justices.

Look closely: the celebration of media bias. The interruption – the dismantling – of public discourse. The unbridled magnification and normalization of lies. Polarization is great for profiteers but deadly to democracy.

Our media carries the story we tell ourselves about ourselves. Are we really hyper-biased, polarized liars so enraged that we’re incapable of public discourse? Is there truly no common ground?

Look closely. The regulation of traffic – the law – makes us capable of safe travel. The regulation does not inhibit us. It fosters necessary cooperation. Building codes are regulations ensuring that our dwellings and places of business are safely constructed. The regulations do not inhibit us – they protect us. They establish and maintain a high quality standard.

A regulation like The Fairness Doctrine was neither conservative nor progressive. It didn’t inhibit us. It ensured that we were not made victim to bad information. It established a standard for truth-in-media and engendered respect for differing perspectives.

We know how to exit our echo chambers. We know how to ensure that we are acting – and voting – on unbiased information. Healthy public discourse is the epicenter of our democracy. Healthy public discourse relies on truthful information and civil debate. We know how to foster a better field of discourse and it requires adequate regulation meant to prevent media exploitation and manipulation.

Regulation. The Constitution is a document of regulations. It is neither conservative nor progressive, it establishes simple rules for how we safeguard our values, how we live and thrive together. Breaching the boundaries, ignoring the law, like removing all traffic laws, serves to expedite our confusion and fiery demise.

Look closely. Granting presidential immunity from law is a breach. Eliminating due process and habeas corpus is a breach. Consolidating power in the executive branch is a breach. We are unprotected. ICE plucks innocent people from the streets. Congress intends to pass a bill – make a law – that impoverishes the many to enrich the few.

Integrity is the word that comes to mind. It has two relevant meanings. First, having strong moral principles. Moral principles are akin to regulations – they define shared values and provide the basis for society’s laws. They foster cooperation. The second meaning is unity. Wholeness is a result of a shared story based on common values and moral principles. The second meaning of Integrity – unity – is the blossom of the first. Division and discord are the blossoms of the collapse of shared values and breaches of communal moral principles.

It’s worth asking again: are we really hyper-biased, polarized liars so enraged that we’re incapable of public discourse? Do we really hold our democracy so lightly? Or have we been poisoned by the biased toxic fables we daily consume from the free-for-all media-stream? Are we intoxicated on the outrage daily pumped into our brains from a media the grows wealthy on our dysfunction?

Look closely. We are unprotected.

read Kerri’s blogpost about WILTED DILL

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Filed under: Flawed Wednesday, Metaphor, Seeing | Tagged: artistry, bias, david robinson, davidrobinsoncreative.com, Kerri Sherwood, kerri sherwood itunes, kerrianddavid.com, kerrisherwood.com, law, media bias, outrage, polarization, regulation, story, studio melange, The Fairness Doctrine, the melange, Truth In Media | 1 Comment »

Upon What We Agree [David’s blog on Two Artists Tuesday]

Posted on April 8, 2025 by davidrobinsoncreative

“Yes, I’m bein’ followed by a moonshadow
Moonshadow, moonshadow
Leapin’ and hoppin’ on a moonshadow
Moonshadow, moonshadow” Cat Stevens (Yusef), Moonshadow

All of my life I have been captivated by shadows. The ghost dancing grasses cast on the trail. The moving patterns of telephone poles and lines waving on the asphalt. The cloud shadows gliding over the hills. Kerri and I regularly stop and take photos of our shadows. “Look how long we stretch!” I adore the shadow puppets of Wayan Kulit. It is a ritual performance of universal stories meant to remind us that in this life we only see the shadows we cast upon the screen of our minds. What’s “real” is beyond our capacity.

“Everything we call real is made of things that cannot be regarded as real.” ~ Niels Bohr. The quantum physicist and the Balinese puppet master – a priest – agree. Reality is a shadow.

Yesterday we attended a Hands-Off rally. The number one statement most often uttered by people in the crowd (according to my count): “I can’t believe this is happening!” It doesn’t feel real. It doesn’t seem possible that our representatives have so easily rolled over rather than honor their oath to protect the Constitution. In their reality they play on team Republican. In our reality – we assumed in a crisis moment like this – that they would play on team United States.

Assume nothing. Reality is what we agree upon and at present there is no agreement.

Charlie is wise. Looking at the hundreds of people chanting and waving signs, he said, “When the rule of law collapses then there’s chaos. In chaos the people have no recourse but to take to the streets.”

The Constitution is the epicenter of our laws. It is the foundation stone upon which our democracy was and is constructed. When disregarded it is no more than a piece of parchment. A relic. “Everything that is real is made of things that cannot be regarded as real.” The Constitution has purpose and meaning only if we agree to honor it, to protect it – to adhere to the boundaries – the law – that it prescribes.

A woman in the crowd said, “It’s been less than 100 days and look at this.” The people have no recourse when our elected officials ignore their foundation stone. When they choose to serve a different reality.

About Moonshadow, Yusef wrote, “Whatever happens to you there’s always something good to look forward to.” Standing in the crowd, alive with concern and caring for the well-being of the nation, I thought, “This is good. There is hope. This is how a democracy survives.”

read Kerri’s blog about SHADOWS

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Filed under: Identity, Two Artists Tuesday | Tagged: artistry, CAt Stevens, david robinson, davidrobinsoncreative.com, Hands Off, hope, Kerri Sherwood, kerri sherwood itunes, kerrianddavid.com, kerrisherwood.com, law, moonshadow, Niels Bohr, reality, shadow, shadow puppets, story, studio melange, The Constitution of The United States, the melange | 1 Comment »

You Do Or You Don’t [David’s blog on saturday morning smack-dab]

Posted on March 22, 2025 by davidrobinsoncreative

Dear maga-nation: After the events of this week it occurs to me that, although you voted – a sign that you believe in democracy – you actually have no idea what a democracy is or how it works. You voted for dictatorship – a sign that you don’t believe in democracy. Do you see my confusion?

Start here: in our democracy there are three co-equal branches of government. Co-equal means that no branch has more power than any other branch and that is by design. Each branch is meant to serve as a check-and-balance to the other two branches. By design.

Each branch has an assigned duty relative to the law: Congress, the legislative branch, makes the laws. The executive branch, the president, enforces the laws. The judiciary interprets the laws. “Interprets” means they clarify the laws – and have the power of putting on the brakes when one of the other branches strays out of bounds. The law is central. That, too, is by design: in our democracy no man is supposed to be above the law. The creation, enactment, and interpretation of law is meant to be protection against the rise of a king. The enshrinement of the law places power in the hands of the people. That’s why it is called a democracy.

This week you puffed with indignation when a judge put the brakes on the executive when he went out of bounds. You called for the impeachment of the judge. That’s akin to being outraged that your car started when you touched the ignition. Your car did what it is supposed to do so you are infuriated?

Your friends at fox encouraged outrage that a judge would dare challenge the authority of the executive. And, rather than throw a rock through your television and swear never-again to plug into a channel promoting the dismantling of democracy – something you would do if you understood how a democracy works – you puffed up with righteous misinformation. You did as you were told. You raged for the dissolution of checks-and-balances.

Again, do you see my – our – confusion?

You either do not understand why you are puffing up – or you do. And, if you do, it makes me incredibly sad. Sad for you, since you claim in loud voices to be the champions of democracy, to be avid supporters of America’s greatness (democracy) – yet you clearly have no idea how our democracy works.

Or, you do and willingly throw it away. And that makes me sadder still.

This week a judge did his job as defined in the Constitution and you acted offended. Please understand why those of us who believe in democracy – those of us who understand how the system is designed to work – are beyond rolling our eyes. Please understand why we are running out of adjectives to describe the crevasse between your angry rhetoric and your actions. You are either the very definition of ignorant: without knowledge, unlearned – or you are corrupt.

The executive, aided by an oligarch, is circumnavigating congress in an obvious destruction of the system of checks-and-balances. Circumnavigate means “to sail around” it.

In your indignant fox-fueled-puffery, you are gleefully encouraging the circumnavigation of the Constitution. You cheer the blatant disregard for the law. Disregard means “to ignore. To overlook or forget”. Disregarding the law is called corruption. Corruption means “dishonesty, fraud, criminality”.

You either don’t understand what you support – which means someday there may be hope for us to once again meet on the common ground as defined in the Constitution. You may someday wake up, unplug from the fox-cult-of-non-sense-and-anger-exploitation. I hope so. I mean that sincerely. It’s hard to watch how willingly you participate in your own fleecing. It’s impossible to understand how easily you swallow propaganda-swill.

Or, you do understand what you support. And, in that case, you are a knowing participant in fraud, a champion of corruption, a dedicated racist*, a proponent of authoritarianism – a knowing participant in the dismantling of our democracy – and, in that case, there’s nothing more for us to discuss. There is – and never has been – common ground. And I find that terribly sad.

*As I was writing this post, the despot-wanna-be resurrected segregation from its moldy grave. This comes in the wake of a dedicated – and continuing – effort to scrub the achievements and contributions of African Americans, women, people of color, LGBTQ…from our history.

read Kerri’s blogpost about SAD

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Filed under: smack-dab | Tagged: artistry, co-equal, Congress, corruption, david robinson, davidrobinsoncreative.com, democracy, executive, ignorant, judicial, Kerri Sherwood, kerri sherwood itunes, kerrianddavid.com, kerrisherwood.com, law, story, studio melange, The Constitution of The United States, the law, the melange | 2 Comments »

Or Will We? [David’s blog on Flawed Wednesday]

Posted on March 19, 2025 by davidrobinsoncreative

“When government fears the people, there is liberty. When the people fear the government, there is tyranny.” ~ Thomas Jefferson

And suddenly the winds arrive. The forecast warned us to expect powerful winds early this morning so I was taken aback when I opened the door to an eerie stillness. Dogga trotted outside into a world with nary a whisper of breeze. Three hours later, as we sat down to write, as if someone threw a magic switch, the first burst of wind rattled the windows. The trees moaned.

I was struck by this quote from Martin Prechtel:

“I knew that no worthy ritual was done for the experience of the ritual but was carried out to maintain a regular life of work and harvest, raising children and struggle.”

Rituals, like Easter or The Hajj or Diwali are appeals, acts of sacred orientation. They are acknowledgement of our smallness in the face of the vast mystery of this universe. They are meant to renew our connection to the immense, to life. Ultimately, they are the recognition that our actions, each and every day, no matter how small…matter; that we are active participants in the well-being, restoration and continuance of life. We are active creators of our relationship with the mystery.

Rituals are meant to affirm that we are not the overlords but are responsible for the care and feeding of “something bigger than myself.” We are a part of the whole. Nothing more.

Rituals are meant to remind us that we are not passive witnesses to the health of the community or the planet, but that we are stewards, active participants in our own and the community’s well-being: physically, mentally, spiritually. How we walk through life, how we treat each other, how we care for our environment, matters.

The aim is not the performance of the ritual. The aim is how the performance of the ritual intentionally orients us to daily life and to each other.

When the performance of the ritual becomes the point of the ritual it is a sure sign that the greater mythology is dying. Or already dead. And, mythology – a shared story – is the glue that holds a community together. Without it a community fractures.

Rituals need not be religious to be sacred. In the USA, our legal system and how it works is rooted in a ritual dedication to our national communal glue: the law. The Constitution is the sacred document at the center of our legal ritual and is built upon a sacred ideal: no man is above the law.

“In America, the rule of law is king...For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other. But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is.” Thomas Paine, Common Sense

Historians will someday write of the collapse of our ritual of law. They will point to the Immunity decision written by Chief Justice John Roberts, someone who swore an oath to protect our Constitution, yet somehow granted a president immunity from the rule of law. He put the whims of a man above the law. The center collapsed.

Today, we witness the dissolution of ours law. A judge ruled and was ignored by a White House that knows the executive branch is immune from law and can, therefore, be law-less.

Last week we saw that congress – our makers of law – had no will to uphold their sacred duty of checks-and-balance to the executive. They signed away their power and with it, our freedoms as protected by their adherence to the Constitution. They meet now for no other reason than to meet – having abdicated their function in the ritual of democracy, having lost their purpose, they now function without meaning. They forgot their role in the ritual renewal of democracy. They now merely pretend that their actions matter.

The ritual collapses. The glue dissolves. It remains to be seen if the people, the ordinary everyday people, the people who, in a democracy, are meant to hold the power, will come together and reclaim our ritual of law from tyranny. Or will we, like the congress and the courts, fear the new king, abdicate our responsibility, remain silent and watch our freedoms circle the drain?

read Kerri’s blog on FLAWED WEDNESDAY