This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Judges and Judiciary

Nov. 3, 2025

Sorry, Proust-Who these days even knows or cares who you are, let alone remembers you?

As our culture drifts from the humanities toward technology and distraction, we risk losing not just our shared identity and depth of thought, but the very humanity that once connected us through art, literature and genuine conversation.

2nd Appellate District, Division 6

Arthur Gilbert

Presiding Justice
2nd District Court of Appeal, Division 6

UC Berkeley School of Law, 1963

Arthur's previous columns are available on gilbertsubmits.blogspot.com.

See more...

Sorry, Proust-Who these days even knows or cares who you are, let alone remembers you?
Shutterstock

It's not even a question of remembering. How can one remember what one never heard of or knew in the first place? Hard for me to leave some themes alone, like the loss of identity, not just of people, but of a nation and its culture. Granted one must make a living, but college students I talk to these days are taking courses in management, marketing and computer science. I get it. Technical skills are necessary to make a living in today's world. But students I have talked to do not appear to be reading books, the classics like "Moby Dick," "Great Expectations," "The Fire Next Time," "Pride and Prejudice," or "War and Peace." I could mention several hundred more. I was told that in some colleges, students read summaries of the books of Western Civilization and other cultures. That should truly stimulate creative thought and insight into the human condition. I wonder who, or should I say what, is spewing out the summary.

Having a liberal education to make us conversant with the thoughts and ideas over past centuries, an idea promoted by University of Chicago President Robert Hutchins, with the help of philosopher Mortimer Adler, originated back in 1921. The purpose was to make us more thoughtful and more successful -- whatever our profession or calling. That list of books is easily expanded to include the thoughts of our multicultural world.

Not all is lost. A new biography on the genius of James Baldwin, "Baldwin: A Love Story," by Nicholas Boggs (Farrar, Straus & Giroux, Aug. 2025), has earned superlative reviews. I assume Baldwin devotees might read the book. I wonder how many college students have read Baldwin's novels, stories and essays.

A long time ago in the 1960's, I was in law school at Berkeley -- then called Boalt Hall. In those days, the professors called on students and insulted them -- that's how long ago it was. Today it's the opposite. A distinguished professor I know told me he was asked by the administration of a major university at which he was teaching not to tell students they are wrong. He was told to soften the language. "Yes, that's a point of view, but how about considering this other thesis, the earth is round." He decided to retire.

Back to law school. After stitching my head back on after it had been whacked off in property class by Professor Hetland, I attended a panel discussion in which James Baldwin, Philip Roth and John Cheever were speaking at the building that housed the humanities. Professor Hetland asked me a question about an unintelligible statute. Some things never change. Years later, how about decades later, when I was an associate justice on the Court of Appeal, Professor Hetland appeared on a case before the panel on which I was sitting and on which I happened to be the author. I was ready for a little "what goes around comes around." It was a multimillion-dollar property case. I tried to ask tough questions. Professor Hetland answered them with a cool, confident demeanor. He prevailed.

Getting back to the seminar. I hurried out of property class and ran down to the humanities building. I think it was the building the students took over a few years later to protest the war in Vietnam. I was sitting a few yards from three of the leading writers of the day. I had read most of what they had published and held them all in high esteem. I recall Philip Roth criticizing then-Vice President Nixon, and James Baldwin stressing his theme about how we dehumanize certain groups of people as "the others." Did I recall this after more than 60 years? So, I suppose the question is: Does familiarity with the humanities give a person better insight into living and working in society? It can... but not necessarily. Did it help me be a better judge? Don't ask our Supreme Court.

The internet connects us to a plethora of information and misinformation. Banning cell phones in classrooms is a good first step. But it still depends on whether the teachers are free to teach. That I had to consider that possibility is depressing.

Cell phones were of science fiction fare when I was a young man. Back then, I would take my dog Ginger for a walk. Yes, I know that is a terrible name for a dog, but I was a kid, so give me a break. In a future column I may run by you better names for a dog. Be aware that when you first name your dog, take into consideration the dog's mood and disposition. Correction, take into consideration your mood and disposition. And what you may think is a clever name means nothing to a dog. Dogs are smart, but if you name your dog Plato, for example, the dog will know its name but not grasp the significance of the "Allegory of the Cave."

Where were we? Ginger and I were taking walks decades before cell phones were invented. If I were to talk, Ginger knew I was talking to her. She would wag her tail and look at me. It we met another person, she knew I was talking to the other person. If I mentioned her name, she would look at me. Today Ginger would be confused. People walking alone are not just talking but having arguments and gesticulating. Sometimes they are laughing, shouting, or even crying. And many of those same people have cell phones. The dogs are nonplussed and ignore it all. In some ways dogs are smarter than humans.

#388340


Submit your own column for publication to Diana Bosetti


For reprint rights or to order a copy of your photo:

Email Jeremy_Ellis@dailyjournal.com for prices.
Direct dial: 213-229-5424

Send a letter to the editor:

Email: letters@dailyjournal.com