May 22-26

Activity 42, prompt 2 (if needed)

Activity 41

Read the passage below. Then choose the best answer for each question.

What Is The Value Of A Human Life? by Kenneth Feinberg Washington attorney

Kenneth Feinberg specializes in alternative dispute resolution. He managed the compensation funds for the Sept. 11, 2001, attacks and Virginia Tech shootings, and he has worked with victims of human radiation experiments and Holocaust slave labor.

May 25, 2008

What is an individual life worth? Do our lives have equal value? Struggling with these questions led me to my belief.

After Sept. 11, I confronted the challenge of placing a value on human life by calculating different amounts of compensation for each and every victim. The law required that I give more money to the stockbroker, the bond trader and the banker than to the waiter, the policeman, the fireman and the soldier at the Pentagon. This is what happens every day in courtrooms throughout our nation. Our system of justice has always been based upon this idea—that compensation for death should be directly related to the financial circumstances of each victim.

But as I met with the 9/11 families and wrestled with issues surrounding the valuation of lives lost, I began to question this basic premise of our legal system. Trained in the law, I had always accepted that no two lives were worth the same in financial terms. But now I found the law in conflict with my growing belief in the equality of all life. “Mr. Feinberg, my husband was a fireman and died a hero at the World Trade Center. Why are you giving me less money than the banker who represented Enron? Why are you demeaning the memory of my husband?”

My response was defensive and unconvincing. At first I gave the standard legal argument—that I was not evaluating the intrinsic moral worth of any individual. I was basing my decision on the law, just as juries did every day. But this explanation fell on deaf ears. Grieving families couldn’t hear it. And I didn’t believe it myself.

I was engaged in a personal struggle. I felt it would make more sense for Congress to provide the same amount of public compensation to each and every victim—to declare, in effect, that all lives are equal. But in this case, the law prevailed.

Last year, however, in the wake of the Virginia Tech shootings and the deaths of 32 victims, I was again asked to design and administer a compensation system, this one privately funded. And I realized that Feinberg the citizen should trump Feinberg the lawyer. My legal training would no longer stand in the way. This time all victims— students and faculty alike—would receive the same compensation.

In the case of Sept. 11, if there is a next time, and Congress again decides to award public compensation, I hope the law will declare that all life should be treated the same. Courtrooms, judges, lawyers and juries are not the answer when it comes to public compensation. I have resolved my personal conflict and have learned a valuable lesson at the same time. I believe that public compensation should avoid financial distinctions which only fuel the hurt and grief of the survivors. I believe all lives should be treated the same.

Independently produced for Weekend Edition Sunday by Jay Allison and Dan Gediman with John Gregory and Viki Merrick.

Determining the Meaning of Words

1. Which of the following words suggest the difficulty of the task Feinberg faced? Mark all that apply.

a. challenge b. wrestled c. conflict d. struggle e. privately

Short Answer: Explain your reasoning for selecting the answer(s) you chose.

Understanding Key Ideas

2. Why does Feinberg emphasize that awarding compensation based on the financial circumstances of victims “happens every day in courtrooms” and that our system of justice “has always been based upon this idea”? a. To demonstrate how widely accepted this practice is in our judicial system b. To minimize the importance of the judicial system c. To expose the corruption and cruelty of judges and lawyers d. To show how many people have been harmed by these decisions

Short Answer: Explain your reasoning for selecting the answer(s) you chose.

Analyzing Structure

3. Why does the author begin the third paragraph with the word “but”? a. To introduce a fuller description of his legal qualifications b. To challenge the views of readers who think victims should be compensated equally c. To signal the start of his shift away from his earlier beliefs d. To paint a vivid picture in the reader’s mind

Short Answer: Explain your reasoning for selecting the answer(s) you chose.

Understanding Key Ideas

4. Why does Feinberg say his response to the widow of a firefighter who died at the World Trade Center was “defensive and unconvincing”? a. He did not have the legal knowledge to give her a satisfying answer. b. He was angry that she asked him a difficult question in front of the other families. c. He was beginning to find the human perspectives on the issue more compelling than the legal view.d. He did not try his hardest to convince the families to accept the government’s offer.

Short Answer: Explain your reasoning for selecting the answer(s) you chose.

Determining an Author’s Point of View

5. What does Feinberg mean when he says, “Feinberg the citizen should trump Feinberg the lawyer”? a. His experiences persuading the victims’ families to join the Victim Compensation Fund had made him confused about his true identity. b. He believed that both sets of identities and values were equally important to making an ethical and effective decision. c. He understood at last that he could never hope to change the justice system despite his best efforts. d. He decided that his personal perspectives should be more important than his legal training in the new compensation case.

Short Answer: Explain your reasoning for selecting the answer(s) you chose.

Understanding How Ideas Interact

6. What is the significance of the phrases “no longer” and “this time” in the sentence where Feinberg explains that all victims of the Virginia Tech shootings would be treated the same way? a. These phrases show that Feinberg understands he has a second chance to declare that all lives are equal. b. These phrases suggest that the Virginia Tech shootings cannot be compared to 9/11 because the contexts are too different. c. These phrases imply that Feinberg has decided to stop being a lawyer because he no longer believes in the justice system. d. These phrases indicate that the Virginia Tech compensation decisions were an exception and could not apply to Congressional decisions.

Short Answer: Explain your reasoning for selecting the answer(s) you chose.

Summarizing the reading:

1. Where are you going? What will you need to do in this class, other classes, college, or your future career that will require you to read rhetorically?

2. How are you going? What rhetorical reading skills have you mastered so far? Which skills are still challenging for you?

3. Where to next? What do you need to do to continue to improve your ability to read rhetorically?

Activity 31

Thinking Critically

The previous two texts (the soliloquy and the interview) both provide very personal approaches to the idea of valuing life. The current text, though, is an article from a respected national news magazine. The following questions will help you work through some of the implications of the text’s structure and features on the interpretation and understanding of the text.

1. Most news articles such as “What Is a Life Worth?” try to take an objective, unbiased approach. Would you agree that this text is unbiased, or do you think it favors one perspective? Explain your answer.

2. What kinds of evidence does Ripley, the author of the article, use to get across the key ideas and issues associated with the compensation of 9/11 victims and their families? Are any specific types of evidence more compelling to you as a reader? Less compelling?

3. How accurate do you think the information in the article is? In other words, do you think Time magazine and Ripley are to be trusted? Why or why not?

4. Does the article use logic, emotion, or both to make an impact on the reader? If so, describe how. Compare that use to the way logic and emotion are used by Shakespeare, Ebert, or both.