Stephanos Bibas reviews Rob Henderson’s autobiography Troubled: A Memoir of Foster Care, Family, and Social Class for the University of Chicago Law Review:
Life at the bottom is troubled. Charles Dickens, Victor Hugo, and many others have long shown us that. To understand criminal justice, education, and family law, we lawyers typically look to social scientists, and their external expertise does teach us much. But we often neglect lived experience. Occasionally, we should toggle from the dry regressions and clinical detachment of social science to the internal perspective and expertise of those who live through family breakup, foster care, disrupted schooling, drugs, and crime. And that is what Rob Henderson’s breakout memoir, Troubled, gives us: a window on troubled youth.1
Henderson, a brilliant young psychologist, illumines how harmful childhood instability is by reflecting on his own experience. He never knew his father, was abandoned by his drug-addicted mother, and bounced around foster care. After squandering much of his early education and drowning his rage in alcohol, drugs, fights, and vandalism, he managed to make his way through the Air Force to Yale and now Cambridge. But few of his friends escaped the wounds from their childhoods; many wound up unemployed, in prison, or dead. His eye is as keen as his intellect, recalling and reporting how adults in his life kept abandoning him and his fellow foster children and how they in turn acted out. As an outsider to the elites who dominate the Ivies, he also turns his critical eye on the groupthink and victimhood culture that is strongest among the most privileged. And building on literary historian Paul Fussell’s work, Henderson develops his own critique of the shibboleths that educated American elites use to set themselves—ourselves—apart while ignoring the harm to the rest of society.2
Henderson has much to teach us lawyers and legal scholars. He shows us how much we miss by focusing public policy on educational attainment and cost-benefit analysis, overlooking what is priceless: love and emotional attachment. The most important things in life can’t be quantified; at best, outcomes are mere proxies for them. We are more than our résumés! His account undermines our persistent habit of viewing humans as fully informed rational actors — a habit that makes much more sense in corporate law than in criminal law and the like. He showcases how poorly used adult autonomy harms children, leading to broken homes, drug addiction, numbness, and rage.
Lastly, Henderson critiques “luxury beliefs”, the term he coins for sociological opinions that are popular only among those who need not worry about their own survival. These beliefs are status signals to the educated elite who are not harmed by the fallout from any cultural shifts they might cause. But these beliefs corrode the social structures that children need to develop. (He could do more to develop the causal nexus to social harm, but his claims are still powerful.)
In short, Henderson’s memoir powerfully challenges prevalent views of education, family policy, and class. It shows how we hyperfocus on educational outcomes and other quantifiable goals at the expense of softer emotional goods. And it does it all in a plainspoken, understated voice that illustrates his points from his own lived experience and that of his buddies. Many will disagree with Henderson’s conclusions, of course, but scholars should grapple with his challenge.
Part I of this Review summarizes Henderson’s long journey from foster care to Yale. Part II canvasses his argument that adult instability breeds chaotic childhoods, leaving neglected kids to raise themselves in Hobbesian competition, impulsive indulgence, or reckless rage. Part III then develops Henderson’s signature concept of luxury beliefs and how nonjudgmentalism backfires on those at the bottom. Though one can quibble with some of his causal claims, his thrust is compelling. Finally, Part IV considers how Henderson’s account suggests reorienting some criminal justice, education, and family law reforms toward children’s need for stable structures to guide them.
1. Rob Henderson, Troubled: A Memoir of Foster Care, Family, and Social Class (forthcoming 2024) (on file with publisher). All further citations to this work are by page number in parentheticals in the text.
2. See generally Paul Fussell, Class: A Guide Through the American Status System (1983).
