In higher-ed news two types of terrifying stories come up pretty frequently: free speech stories, and Title IX stories. You’d think these stories would only be relevant to academics and students, but they’re not. These issues are certainly very important for those of us who hang out in ivory towers. But those towers shape the debate–and unquestioned assumptions–that determine real world policy in board rooms and capitols. This is especially true in a world where a bachelor’s degree is the new GED.

The free speech stories have gotten boring because they all take the following form: group A doesn’t want to let group B talk about opinion b so they act like a bunch of jackasses. Usually this takes place at a school for rich kids. Usually those kids are majoring in something that will give them no marketable skills.

The Title IX stories are Kafkaesque tales where a well-intentioned policy (create a system to protect people in colleges from sexism and sexual aggression) turns into a kangaroo court that allows terrible people to ruin other people’s lives. (I hasten to add, I’m sure Title IX offices do plenty of legitimately great work.)

A great article in the Chronicle gives an inside look at one of these tribunals. For the most part it’s chilling. Peter Ludlow had been accused of sexual assault, but the claims weren’t terribly credible. As far as I can tell (based only on this article) he did some things that should raise some eyebrows, but nothing genuinely against any rules. Nonetheless, the accusations were a potential PR and liability problem for the school so he had to go, regardless of justice.

The glimmer of hope comes with the testimony of Jessica Wilson. She managed to shake them out of their foregone conclusion and got them to consider that women above the age of consent can be active participants in their own lives instead of victims waiting to happen. Yes, bad things happen to women, but that’s not enough to jump to the conclusion that all women are victims and all men are aggressors.

The big question at the root of these types of stories is how much responsibility we ought to take for our lives.

Free speech: Should I be held responsible for saying insensitive (or unpatriotic) things? Who would enforce that obligations? Should I be held responsible for dealing with the insensitive things other people might say? Or should I even be allowed to hear what other people might say because I can’t take responsibility for evaluating it “critically” and coming to the right conclusion.

Title IX: Should women be responsible for their own protection, or is that akin to blaming the victim? We’ve gone from trying to create an environment where everyone can contribute to taking away agency. In doing so we’ve also created a powerful mechanism that can be abused. This is bad because of the harm it does to the falsely accused, but it also has the potential to delegitimize the claims of genuine victims and fractures society. But our forebears weren’t exactly saints when it came to treating each other justly.

Where is the line between helping a group and infantilizing them?

At either end of a spectrum I imagine caricature versions of a teenage libertarian (“your problems are your own, suck it up while I shout dumb things at you”) and a social justice warrior (“it’s everyone else’s fault! Let’s occupy!”). Let’s call those end points Atomistic Responsibility and Social Responsibility. More sarcastically, we could call them Robot and Common Pool Responsibility. Nobody is actually at these extreme ends (I hope), but some people get close.

Either one seems ridiculous to anyone who doesn’t already subscribe to that view, but both have a kernel of truth. Fair or not, you have to take responsibility for your life. But we’re all indelibly shaped by our environment.

Schools have historically adopted a policy towards the atomistic end, but have been trending in the other direction. I don’t think this is universally bad, but I think those values cannot properly coexist within a single organization.

We can imagine some hypothetical proper point on the Responsibility Spectrum, but without a way to objectively measure virtue, the position of that point–the line between sympathy and paternalism–its location is an open question. We need debate to better position and re-position that line. I would argue that Western societies have been doing a pretty good job of moving that line in the right direction over the last 100 years (although I disagree with many of the ways our predecessors have chosen to enforce that line).

But here’s the thing: we can’t move in the right direction without getting real-time feedback from our environments. Without variation in the data, we can’t draw any conclusions. What we need more than a proper split of responsibility, is a range of possibilities being constantly tinkered with and explored.

We need a diversity of approaches. This is why freedom of speech and freedom of association are so essential. In order to get this diversity, we need federalism and polycentricity–stop trying to impose order from the top down on a grand scale (“think globally, act locally“), and let order be created from the bottom up. Let our organizations–businesses, churches, civic associations, local governments and special districts–adapt to their circumstances and the wishes of their stakeholders.

Benefiting from this diversity requires open minds and epistemic humility. We stand on the shore of a vast mysterious ocean. We’ve waded a short distance into the water and learned a lot, but there’s infinitely more to learn!

(Sidenote: Looking for that Carl Sagan quote I came across this gem:

People are not stupid. They believe things for reasons. The last way for skeptics to get the attention of bright, curious, intelligent people is to belittle or condescend or to show arrogance toward their beliefs.

That about sums up my approach to discussing these sorts of issues. We’d all do better to occasionally give our opponents the benefit of the doubt and see what we can learn from them. Being a purist is a great way to structure your thought, but empathy for our opponents is how we make our theories strong.