Art of the Handshake Deal

It is understandable why one would trust another person when making a deal, as there has to be a certain amount of understanding between the parties. Yet, the expectation is also that there are limits to this trust. Simply taking the word of a stranger that there is a warranty, payments can be missed with no consequences, or even that the item is returnable for a full refund may not be the case, unless there is a written document saying so. The laws about sales, consumer protections, and faulty or misrepresented items can vary greatly from place to place. Especially nowadays, with so much being bought online, and no opportunity to inspect merchandise, the old adage holds true.

However, here we are considering the more traditional scenario of buying something directly from another person. Sales are often in this mode, we agree to something verbally and then sign a document that is supposed to say the same—did you check that? Or a rental agreement, there's the "official" document, and then what the clerk says the rules are—which do you assume is true? These answers will vary, but one thing that can determine whether one trusts the person or the document more is the size of a person's hometown. There are still small towns where people actually have regular contact and their reputations are important. In these places, it is common for a deal to not be written because it is the full weight of the community which is enforcing the terms. This is because if the two parties have a difficulty in resolving any issue that results from dissatisfaction in their deal, the 'injured party' will tell people about it; family, friends, neighbors, and eventually the whole town gets the message that "so-and-so is a crooked dealer". That reputation becomes a real barrier to their life, because others will treat them with suspicion and disdain; they may be a few dollars richer in the short-term, but they lose the chance at future enrichment. This is the mode that persisted for much of human existence, until the advent of big cities where people no longer knew each other. If one never sees the same person twice, it becomes much easier to cheat and escape those reputational repercussions. This is also a trope: the big-city hustler or fast-talking salesman. While such stereotypes may prevent a few from falling prey, most of the time swindlers are aware enough to counteract those warnings. This is part of the reason so many con artists are amiable rather than overbearing. It is a matter not of their own confidence, but of winning the confidence of their target, that is the "art". Additionally, while people may be aware of this in a 'sale' situation, the problem extends beyond this small arena and actually applies to anytime someone makes a claim. Here we find the heart of skepticism: not simply accepting what is presented. Instead, making the effort to understand context—and get it in writing so the claim cannot be changed later.

While there are protections for consumers from some scams, bad deals, and rip-offs, and legal recourse to prosecute such sellers, there is no such protection for society. What I mean is that some people make a living off of telling people one thing and doing another, of selling false hope and quick fixes while collecting large payoffs. Whether this is a religious figure or politician, a celebrity or "influencer", they somehow experience no consequences for their lies. For every Theranos and Elizabeth Holmes, there are 5 climate-change-denying oil companies, cancer-causing-denying tobacco companies, or banking-fraud Enrons (a completely invented statistic, because the amount of scofflaws is likely higher). It takes so much effort and time to build and prosecute a legal case against the largest fraudsters that it overwhelms ordinary citizens. The machinations of these individuals and groups seem too blatant, brazen, and counter-intuitive; less "how did they do it?" and more "how did it occur to anyone to try such a thing?". Even more troubling, if possible, is the fact that the very principles and structures which protect these everyday people from such inconceivably large scams have been under attack for decades. The legal system has been eroded from the inside through influence campaigns like from the Federalist Society. Similarly, the Heritage Foundation has worked to change society by imposing doctrine through the legislative and executive branches of government. Personally, I did rot recognize the attack on education and schools until much too late. The call for "school choice" that has lead to siphoning public money to private institutions has been a tragedy not just for public schools and students, but also those who can no longer escape the ideological indoctrination of those private "schools". All this leads to our current situation, whereby those who say one thing and mean another have twisted the understanding of reality and perverted public institutions to their own benefit. These are, of course, large and complex situations with many repercussions, but the focus here is that somewhere in the process an argument was made as to why something should happen and those making that case may not have been totally honest or forthcoming. This is especially the case when they believe that "the ends justify the means". If someone is convinced that something needs to happen and is then willing to do anything to ensure that it does, we are more likely to encounter deceit and subterfuge.

We've had someone in the office of president of the U.S. who seems incapable of uttering a single truth, and—bizarrely, unbelievably—has returned to that same office. Any attempt to hold this person accountable has utterly failed and—equally incomprehensible—people seem to act like these blatant lies are somehow explainable and/or acceptable. While this is the epitome of our problem, let us not focus too long on a single individual. This is a systemic issue, as evidenced by the ascension of such an individual, and the only real solution is to prevent such criminals from insulating themselves from prosecution. To do this, we can strengthen our education system and include critical thinking skills as core curriculum, we should better define legal issues like "bribery", "graft", 'collusion", "profiteering", and "influence", strengthen governmental apparatus like courts and insulate them from monetary and ideological influence, and overall continue to expand democracy by elevating the many rather than the few.