TorteDeForm

Jeffrey Feldman

Nader the Framer

One way to get a sense for the challenges that consumer advocates face nowadays is to take a trip, figuratively speaking, to a different time and place.

Almost 50 years ago, Ralph Nader published a short essay in The Nation about “The Safe Car You Cannot Buy (April 11, 1959) in which he wrote about the many dangers that the modern automobile presented to consumers:

A sudden deceleration turns a collapsed steering wheel or a sharp-edged dashboard into a bone- and chest-crushing agent. Penetration of the shatterproof windshield can chisel one’s head into fractions. A flying seat cushion can cause fatal injury. The apparently harmless glove-compartment door has been known to unlatch under impact and guillotine a child. (The Ralph Nader Reader, Seven Stories Press, New York, 2000, p. 267)

More than just describing events, Nader was retooling the logic that governed how Americans talked and thought about automotive safety--from a logic of accidents and money payments, to one of sharp and menacing machines hurting and killing fragile human bodies. Nader’s goal was to reframe the entire debate about the safety of the automobile as a first step to overcoming what he saw as the most pernicious impediment to consumer safety: an ongoing and relentless public relations campaign by the auto industry to define every safety lapse in their products as the result of an “accident” the result of a faulty driver.

The Body And The Machine
Nader returned to this same frame--the body and the machine--a few years later in the opening chapter of Unsafe At Any Speed, writing this time about the general design flaws of the modern car, but also about a specific incident involving Mrs. Rose Pierini and the Chevrolet Corvair:

As described by a California Highway Patrol officer, John Bortolozzo, who witnessed the flip-over while motoring in the opposite direction, the Pierini vehicle was traveling about thirty-five miles per hour in a thirty-five mph zone in the right lane headed towards Goleta. He saw the car move towards the right side of the road near the shoulder and then “all of the sudden the vehicle made a sharp cut to the left and swerved over.” Bortolozzo testified at the trial that he rushed over to the wreck and saw an arm with a wedding band and wristwatch lying on the ground. Two other men came over quickly and began to help Mrs. Pierini out of the vehicle while trying to stop the torrent of blood gushing forth from the stub of her arm. (Unsafe At An Speed, Grossman Publishers, New York, 1965, pp. 2-3)

For Nader, framing the debate was not a gimmick, but the critical first step towards forcing the auto industry to build cars that did not cause horrific injury to Americans. Before any government regulation could emerge, before any successful litigation could be mounted, the idea that car crashes were all “accidents” caused by faulty drivers had to be displaced. Hence, Nader’s early writing begins with narrative sequences about seemingly innocent machines who, under the normal conditions of driving, suddenly transforms into medieval weapons of torture and destruction--arsenals of sharp objects that butcher the fragile and unsuspecting human body. Successful torts against the auto industry depended on this reframing, which would in turn spill over into government regulation of consumer products, leading eventually to safer designs and fewer accidents.

Fifty years ago as today, the captains of industry know that they are much better off if they can frame the debate about consumer safety in terms of money--be it cars or fast food or medicine or children’s toys or factory equipment. The latest effort by the authoritarian wing of the Republican party--the so-called “torn reform” movement--in other words, is part of a much larger effort to force the debate on public safety back to that pre-1950s frame where Americans talk about personal injury in terms of accidents and money.

What is the solution?

Framing Law and Government
For starters, everyone should crack open their copy of Nader’s Unsafe At Any Speed and read it with an eye towards how he frames the debate. Notice how the gruesome sequences that open up the early chapters are not just there to catch our attention or to make us feel sorry for the victims, but to define the terms of the debate in terms of the body and the machine.

In response to the Republican cries that greedy “trial lawyers” are ruining American industry, liberals and progressives should avoid framing the debate on consumer safety in terms of money and markets and focus instead on those murderous confrontations between machines and the human body.
Of course, not all consumer safety involves such clear and obvious machines as automobiles. But Nader’s frame for car safety is a productive starting point for any consumer advocate seeking to define the logic of the debate in a manner that benefits people and undermines the relentless framing efforts of industry.

In other words, the battle against authoritarian Republicans seeking to destroy the consumer rights movement is really a struggle to establish which principles and values will frame the national debate about law and government.

After nearly a decade of Republican dominance in government, law and government have been framed as institutions that impede the flow and accumulation of money. And so, consumer advocates must do their best to reframe law and government as institutions that protect the bodies and lives of people.

Jeffrey Feldman: Author Bio | Other Posts
Posted at 11:25 AM, Dec 11, 2006 in
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Comments

As much as consumer advocates would like to reframe government as an institution that "protects the bodies and lives of people" the fact of the matter is that when Nader acolyte Joan Claybrook was in charge of NHTSA, she forced through (over the objection of auto companies and the GAO, who correctly warned of dire consequences) Nader-supported "safety" regulations that ultimately killed 86 children unnecessarily. Of course, trial lawyers tried to blame the automakers for that fiasco.

Posted by: Ted | December 11, 2006 7:52 PM

We must now step outside of the vehicle while remembering innocent civilians inside. On the mornnig of September 2, 2006, Matthew Wilhelm, a recent graduate of the University of Illinois College of Engineering, was riding his bicycle along a state highway. Being safe, he was approximately 4 feet off the road way when a witness noticed (it was daylight with unobscured vision), that a driver traveling in the same direction swerved completely off the road way and, in attempting to correct, hit Matthew, hurling his body over her car. Matt died two days later. His expensive head gear and bright jacket that he always wore were of no avail. The driver, convicted of improper lane usage and sentenced to six months probation, loss of licencse and traffic school, was downloading ringtones to her cell phone.
This is not necessarily about tort reform, Republicans and/or Democrats, liberals or anyone else except this straight A student who will never celebrate another Christmas nor ever see his children play.
What do we do to protect the victims of the ultimately safe driving machine who are outside the car? Must we make it illegal for anyone not driving a car to remain at least 500 feet away from the roadway? Or will that even help?

Dutch, sadly

Posted by: David L. Powell | December 12, 2006 6:12 PM