To shield all tragedy an impossible quest

AMERICANS BELIEVE that for every problem there is a solution. If we think and work hard enough, we believe we can solve every problem. Of course, we also live with the obdurate presence of contingency and uncertainty. We know that too, for we believe in Murphy's Law.

But we rarely confront the absurdity of believing both. While the solution mystique is only an act of faith, contingency is a fact we prefer to deny.

In the last half century, we have increasingly avoided unpleasant realities. Obscuring the brutal uncertainties and tragedies inherent in human existence has become a national preoccupation. We used to teach our children a familiar prayer that included the lines "If I should die before I wake/ I pray the Lord my soul to take." But now many parents believe that these lines, reminding the child of its mortality, must go.

We are rightly stunned by the random murders at Virginia Tech, and we grieve with the families and friends of the victims. It is natural to ask, "Why wasn't this tragedy avoided? Why didn't the administration prevent this violent attack? Why didn't the police apprehend Seung-Hui Cho after his first assault?" We assume this tragedy could have been prevented had there been no negligence.

But consider the legal context in which universities must operate. The Buckley Amendment protects the privacy of students so that no one may know how they fare at college. Students must be comfortable, not accountable. Few parents wish to infringe on their children's privacy by requiring them to waive these rights.

There have also been remarkable changes in laws concerning the mentally ill. Mental hospitals, except for those housing patients who pose an immediate threat to themselves or others, have been closed. We now rely on drug therapy to protect us from those with serious mental illness. The university may report a dangerous student to the courts, but a judge may refuse to commit the student. Judges, of course, are guided by psychiatrists reluctant to assert that even a person as ill as Seung-Hui Cho poses an immediate danger to himself or others. Universities thus have few remaining options. Students can be expelled, but the university will face legal liabilities.

But the media assume that this tragedy was avoidable and start blaming: the administrators were negligent despite the fact that their hands were tied. The gun store should never have sold firearms to Seung-Hui Cho. All relevant information concerning mentally ill persons should be known to the police and to gun store operators, even if it is against the law to provide such information. What are college administrators to do? Install metal detectors at every entrance to a campus building? Station a police officer at each? Ignore the laws restricting the dissemination of information about students? Search dormitory rooms and inform gun shops of students with mental problems? Issue firearms to teachers and janitors and train them in their use?

After all this is done and assuming no one is prosecuted for these violations of law, would students be safe? What is to prevent another Timothy McVeigh from killing hundreds with a bomb-filled truck? Can we be sure that no drunk driver will run down a dozen students?

Risks will always be present, and contingencies will increase as society becomes increasingly violent.

Grimm's fairy tales, like the childhood prayer, are now off-limits. But it would help if everyone read "Sleeping Beauty." No matter how hard the king tries to protect his daughter, somewhere there is a spinning wheel to prick her finger.

We cannot eliminate contingency from life. If we turn society into an armed camp and universities into virtual prisons, there will still be risks. Yes, we should repeal the Buckley Amendment. We should permit persons who are seriously mentally ill to be confined without requiring ironclad proof that they pose an immediate danger. We should restrict the sale of firearms, to the extent possible, to criminals and the mentally ill. But no matter how many laws are passed, they will never remove all contingency from life. Our peace of mind will not be attained by belief in the solution mystique but by having the courage to accept contingency and tragic loss as an unavoidable aspect of human existence.

John Silber is president emeritus and university professor of philosophy and law at Boston University.