Investigating The Legal Mind, Not Just The Matter

Hey everyone,

It's Judy Cohen and this is Wake Up Call 387.

We are looking at the seven factors of awakening,

Which are mindfulness,

Investigation,

Energy,

Joy,

Tranquility,

Concentration,

And equanimity.

The factor of mindfulness is about bringing present moment awareness and courage and grace to each moment.

And talked about this for the last couple of weeks.

It's also about paying attention to the filters or the ways we experience each moment,

Like liking the moment,

Not liking it,

Not caring about the moment.

And it's also about knowing what's happening in our minds.

So is thinking happening?

Are the thoughts wholesome and worth pursuing?

Are they unwholesome and best abandoned?

Or is an emotion happening?

And if so,

Then recognizing it,

Allowing it,

Investigating how it feels in the body,

Remembering it'll pass,

That we're not alone,

Whatever we're feeling.

No problems with any of these.

Best attention and kindness.

The factor of investigation goes hand in hand with the factor of mindfulness.

And actually,

The seven factors aren't a progression.

They arise because of one another.

They're dependent on one another and they support and sustain each other.

So mindfulness supports investigation,

Investigation requires and also supports.

Mindfulness and investigation bring joy,

But it's also helpful to cultivate joy with energy on its own because joy can help increase mindfulness and investigation.

And all three require energy and are also energizing.

And they all lead to greater tranquility,

To concentration and to equanimity.

And they're also supported and served by those three qualities.

So you see how this works.

So investigation.

In an essay for the Berry Center for Buddhist Studies,

Santakaro Bhikkhu,

Who's an American monk who lived and practiced for 20 years in Thailand and studied with the great scholar Ajahn Buddhadasa writes,

When mindfulness has become well established,

Then that mindfulness can take up part of the experience and investigate it.

Select,

Take it up and scrutinize it.

I like the image of a jeweler working with precision.

You see these guys with their little monocles to which they hold up a jewel and they look at it very carefully.

They examine its color,

Texture,

Clarity and shape.

They examine it for flaws of various kinds and they don't just hold it up.

They turn it around and see how it looks in the light from different angles and so on.

This whole examination is very active.

There's participation.

It's dynamic.

It's engaged.

This is the quality of investigation that emerges naturally from mindfulness as the second factor of awakening.

So think of this from the perspective of the cushion first,

Rather than simply noticing the breath or noting the breath or noting that sound is coming in or thoughts are happening.

We can take another step.

We can investigate the breath like a jeweler investigating a ruby.

There's care,

As Santakaro Bhikkhu says.

There's checking out the texture,

The length,

The warmth or coolness of the breath or the loudness or shrillness or compelling nature of a sound or the wholesomeness of a thought.

The invitation is to do this investigation in a particular way without preference.

So in other words,

We really get up close to the breath,

But we watch for preferences to arise like preferring a longer breath or this is something that I've been noticing lately.

I've no idea why this happens.

Being proud when I take a deep,

Slow breath,

There's pride that arises.

So watch for stuff like that,

Preferences,

Pride,

Whatever isn't wholesome,

Whatever isn't just being with and investigating without any kind of tipping in one direction or another.

And then let go of it if we see it.

Or think of this from the perspective of the law.

What about noticing what thoughts and emotions are happening and investigating them like the jewels that they are for their clarity,

For the shape that they take or may take from different angles?

In a way,

This is what we already do.

So what about being intentional about this?

And then Santakaro suggests that we take it further still,

Investigate not only what's here in the present moment,

But also the effect it's having.

For example,

I can take a moment and investigate how something I've said or done has landed.

Did I upset someone?

Did I create worry?

Did I create drama?

Or did I bring joy or peace or safety?

It's important in all parts of investigation as in all parts of our practice to not judge.

If I judge myself every time I see that I've done or said something regretful,

I'm cultivating self-judgment.

So it's not what we're after.

We have enough of that as lawyers,

As humans.

So can we investigate?

The question is,

Can we investigate and then whatever we discover,

Can we just see it for what it is?

Something arising because of causes and conditions.

And also,

It's not lasting.

It's not permanent.

And it's not an identifier as in,

Judy is a disdainful person.

Just,

Oh,

In investigating this moment,

This thought,

This emotion,

Disdain is here.

Isn't that interesting?

For me,

Compassion helps.

I see that I've done something regretful and then shift intentionally to self-compassion.

I mean,

I don't do that every time.

But if I did do that and say internally,

Oh,

No,

I've caused some harm here.

And that kind of thing happens.

I'll pay more attention next time.

Or maybe go the other way.

I investigate.

I see I've caused some harm.

And first,

Bring kindness or an apology or whatever is needed to the person.

Take responsibility.

Say I'm sorry.

Offer whatever reparation I'm able.

Or maybe a little more than I'm able,

Right,

In the true spirit of dana,

Of generosity,

Of being just a tiny bit more generous than is absolutely comfortable.

But the other thing is,

There isn't time to investigate every breath,

Every sensation,

Every sound,

Sight,

Taste,

Smell,

Thought,

Emotion.

Maybe living in a monastery,

But,

And I haven't done that,

So I don't know,

But I'm guessing not even there.

Right?

So Ajahn Buddhadasa,

What he said was the most important frame of reference for investigation is,

And this won't surprise anyone,

Is this thing I'm saying or doing or noticing,

Wholesome or unwholesome,

Skillful or unskillful,

Leading to peace or leading to suffering.

Akusala and akusala in the Pali.

And then he says we should really home in on,

Really investigate the unskillful.

That's what he wants us to focus on,

Especially the ways we cling to opinions,

To desires,

To emotions,

To identities,

And to defense mechanisms.

Why?

To learn to abandon them.

You know,

Not forcefully,

Not with shame,

But with gladness.

Right?

Oh,

I see this,

And now I have the chance to abandon it.

Or if that's not possible,

With self-compassion.

So we're abandoning desires that don't serve.

We're abandoning unwholesome emotions.

We're abandoning identities.

I am a great lawyer,

Or I'm never going to be great enough to understand how to do that,

You know,

In both directions.

Right?

And I would also say,

Home in on and investigate the wholesome qualities that arise too.

And in that investigation,

You know,

Be just as dedicated,

And then let it bring up joy.

Let it bring up gladness.

And maybe be proactive in those moments.

Blow on those wholesome qualities as if they're a fire and you're stoking the flames.

Right?

And even if it feels unfamiliar.

So love,

Joy,

Compassion,

Generosity.

You know,

Notice when they're present.

Investigate how they feel,

How they land.

Allow the body to develop a kind of motor memory of them for the opposite reason that we investigate the unwholesome qualities.

Not to abandon them,

But to lift them up.

And in doing that,

To create that motor memory of wholesomeness.

So it's there for us in the courtroom,

You know,

In the courtroom,

In the conference room,

In the living room.

Okay.

So let's sit.

So finding a comfortable posture,

Posture,

One that is upright and dignified,

But also relaxed,

Relaxing into this moment,

Just as it is taking a couple of grounding breaths and letting go of the words,

Cultivating mindfulness first,

Always beginning with mindfulness,

Present moment awareness,

Breath by breath,

Or sound by sound.

And then beginning to invite this quality of investigation,

Choosing a breath,

A sensation,

A thought,

An emotion.

And if you choose a thought or an emotion,

Maybe following the instructions,

Is this wholesome?

Is it unwholesome,

Skillful or unskillful?

And getting up close,

Like that jeweler with their monocle.

What can you see?

What can you learn?

What choices open up for you when you investigate?

And maybe if you're investigating a thought or an emotion,

You might notice,

Wait,

It's gone.

And just nodding to the truth of impermanence,

Not trying to grab it back so that you can investigate it more,

Just letting it go,

See what else arises to look at.

So not pinning something to the dart board so that it stays put,

And you can scrutinize it so much as investigating what's here,

Knowing that it will pass,

Watching it pass.

And then letting go of investigation and coming back to simple mindfulness practice,

Attention to the breath or sound,

Couple of deep breaths,

Wiggle the fingers,

Wiggle the toes.

Thanks everyone for being on the Wake Up Call.

Really nice to see you.

Have a safe day.

Have a good weekend.

And if you're in California,

If you're in Northern California,

Stay dry.

See you next Thursday.