Monthly Archive for November, 2006

Back from Montreal

After an eye-opening trip to Toronto earlier this year, we just got back from Montreal. How can one not like a city where the neighborhood parking lot advertises its ISO 9001 certification …

Iso-1
… and the local theater stages Descartes’ “Discourse on Method.”
Descartes
Other random observations:
  • Canadian immigration officials actually welcome you to their country. What a radical concept. Passing through US immigration on the way back had the (now) familiar 1980s USSR look & feel.
  • Thanks to Michele and Al Kinik from An Endless Banquet, we found Cluny, a cafe that serves seriously impressive sandwiches in a cool steampunk setting.
    IMG_0560.JPG
    If only we had such a place in Midtown Manhattan. No, strike that, if we did, it would be mobbed 24/7 and the staff would be so snooty that I couldn’t have more than two beers for fear of losing my temper.
  • The tasting menu at Toqué! is good, but it doesn’t hold a candle to Toronto’s Splendido.
  • In sharp contrast, the home-made ravioli at L’Express are hallucinant. (Note to self: Don’t ask for poutine in a French restaurant. Bad form.)
  • Hotel Gault is a great place to stay if you like minimalist decor.
  • Starbucks employees join the pro-union picketers in front of their shop and then run back in to serve their customers.
  • People are polite in a slightly unreal way. Drivers don’t honk. Cabs give way to unarmed pedestrians (don’t try that at home). Waiters don’t roll their eyes when explaining the menu. Furniture shop owners follow up on a request to ship stuff to NY promptly and by email. Scary looking, beefy guys tip their hat and apologize for stepping in your way on the sidewalk.

[tags]canada, travel, montreal, cluny[/tags]

Sacrificing One for the Benefit of Many (Once Again)

It seems that we can’t get enough of this timeless problem. (Maybe that’s why it’s timeless.) This time, it is discussed at Marginal Revolution in the context of the implications of a zero discount rate. Alex Tabarrok writes:

Tyler asks, following philosopher Alastair Norcross, whether it could ever satisfy a cost-benefit test for one person to die a terrible and tortured death in order to alleviate the headaches of billions of others by one second. Tyler begs off with “a mushy mish-mash of philosophic pluralism, quasi-lexical values” and moral conceit. I will have none of this. The answer, is yes. The clearest reason to think that we should trade a terrible and tortured death of one in order to alleviate the headaches of billions is that we do this everyday. Coal miners, for example, risk their lives to heat our homes and to generate the electricity that drives this blog. We know that some of them will die horrible deaths but few of us think that we are morally required to give up electricity.

I object to Tabarrok’s analysis on two levels. First, consequentialism and the “summing up” of people that goes along with it, is undoubtedly a principle of greatest moral significance. Unlike most competing principles it is intellectually rigorous, autitable, and eminently practical. However, consequentialism presupposes a model of the person, because we are not summing real people up, we are summing up abstractions. This is not a shortcoming of consequentialism. Consequentialism does not purport to be or to contain a theory of the person. However, the choice of our theory of the person may impose certain limitations on what goes into the consequentialist calculus. Tabarrok’s “I will have none of this. The answer, is yes” seems to imply a model of the person without “absolute” rights, that is, a model in which the value placed on being free of headaches, v(-h), is fully commensurable with the value placed on not being put to a terrible death, v(-d). That is not to say that v(-h) is equal in “weight” to v(-d), but given the right multiplier, v(-h) * x > v(-d), in which case torturing one person to death to alleviate the headaches of many is morally permissible.

In my view, a more plausible view of the person is rooted in deontological considerations. Practical reason (starting from “I”) or considerations of recognition (starting from “you”) demand that we attribute individuals with a hard nucleus of rights – rights sufficiently hardened to resist the pull of consequentialist considerations that can only be restricted and in some instances overridden by conflicting rights. Once those minimal deontological requirements are satisfied, free reign may be given to consequentialism. In the torture/headache example, I submit, those minimal conditions are not satisfied. Thus, sacrificing one for the good of the many would be morally impermissible.

Does that mean that it is never morally permissible to sacrifice one for the good of the many? Unfortunately not, I think, even though life would be so much easier if it were. As much as the normative power of consequentialism is subject to the prior satisfaction of certain rights-based conditions, rights may similarly be constrained by a consequentialist override in extreme circumstances, e.g., if saving the lives of many (How many? I don’t know) with certainty requires the sacrifice of one. (That’s why I put “absolute” rights above in quotation marks.)

My second objection goes to the coal miner example. Presumably, the miner is doing his or her job voluntarily. Miners make a trade-off between risk and reward. The person tortured to death to alleviate the headaches of others doesn’t. The moral problem only arises in instances of “involuntary sacrifice.” Thus the coal miner’s voluntary trade-offs provide no basis for concluding that torturing someone to death for the benefit of others is morally permissible.

In this context, it is helpful to recall Jonathan Wolff’s article “Making the World Safe for Utilitarianism,” which I discussed earlier on this blog. Wolff lists four conditions (”fortunate circumstances”) under which consequentialism works. (To what extent basic rights are designed to bring about or to maintain those conditions would be a fruitful avenue of inquiry.)

  1. There need to be regular opportunities of a similar nature. (Call this the assumption of “many chances”.)
  2. No single loss (or likely repeated series of losses) creates a type of level of harm for any individual from which recovery is very difficult or impossible. (The assumption of “recoverable loss”.)
  3. There is no reason to doubt that the probabilities run true. (The assumption of “true odds”.)
  4. All relevant gains and losses can be quantified and compared to each other. (The assumption of “weak commensurability”.)

[tags]philosophy, moral theory, consequentialism, deontolology[/tags]

Walking the highwire of “Charity”

It is common practice in university departments to evaluate texts by way of “the principle of charity”. Some formulations of this principle make for fantastic additions to our analytical toolkit(s). Other formulations are mere distractions, and they waste our time.

It is misleading in the first place to speak of one single principle of charity, as there are many. But there is one common property that all those “charity principles” share. They tell us that, if you come to a point in a text where the surface meaning equivocates, then you may make a decision: you can either refrain from making an interpretation, or you can interpret charitably. By advising us to interpret charitably, they tell us to give the author the benefit of the doubt, and attribute to them the most defensible interpretation of their utterance on the basis of the evidence.

So, for instance, when then-Prime Minister Margaret Thatcher said “I always treat other people’s money as if it were my own,” the most charitable reading would be to say that she meant something like, “I am careful with my own money, and in that sense I will be careful with the money of others”, and not, “ha-ha, I’ll spend all your money, taxpayers”. Or (more recently) when John Kerry made his joke about getting stuck in Iraq, he meant to speak against George W. Bush, not the troops. In cases where the author isn’t serious, is trying to be witty, or is attempting to illustrate a point by way of metaphor or other imperfect devices, then charity is well advised.

When the “charity” idea is well-formulated, it helps scholarship to the nth degree. A feast of fallacies in informal logic arise simply because the reader simply does not pay adequate attention to the words of a text, and interprets carelessly. For example, the “strawman” fallacy is the paradigmatic example of a failure of charity: the reader is so caught up in a desire to argue that they utterly misunderstand the position of their fellow conversant. Charity overrides this by telling us to listen carefully, and interpret in the strongest way.

One way to look at the relationship between charity and good scholarship, I think, is to examine the relationship between the law and virtuous conduct. In a society of the virtuous, there would be no need to have any laws. Similarly, in the society of good scholars, the principle of charity would never arise. For just as virtuous society would have no criminals, and thus no need for law, the society of good scholars would all listen to one another attentively, and thus not need to exercize charity.

But if “charity” is poorly formulated, then it actually hinders scholarship in a variety of monstrous and even anti-intellectual ways. (This trend applies to our analogy as well: a society which legislates virtue would be totalitarian.) So in the following, I’d like to quickly post two common errors associated with the careless application of ‘charity’ — errors that can be overcome by a robust understanding of what it means to exercise genuine charity in discussion.

If we are interested in achieving an adequate and serious understanding of charity, we cannot do better than to be guided by the careful work of Mark Vorobej in A Theory of Argument.

Error 1. Misunderstanding the basis of charity. Charity is not based on getting a more accurate reading of the text. The point of charity is not to understand the text more accurately. Quite the opposite: for the entire point behind our need for charity is that we’ve failed to establish an accurate interpretation that satisfies the level of lucidity we need. Rather, charity is grounded upon a sense of fairness in conversation. Vorobej explains: “To opt deliberately for any other reading [than the charitable reading] is unfair to the author, needlessly harsh and mean-spirited” (pp. 29).

This is important to recognize. If we confuse ourselves into thinking that charity is established on purely rational grounds, for instance as the cornerstone of all communication, then we end up having to abandon skepticism entirely in places where skepticism is most prudent. For instance, in some serious conversations, we simply must abandon charity altogether or else risk behaving imprudently.

The first rationale for rejecting charity is precisely because it would be unfair for the audience to be asked to make a charitable attribution in practice when the speaker has clearly spoken infelicitously. Say, for instance, that the Vice-President of the United States says, “The insurgency in Iraq is in its last throes”. Let’s also say that Iraq is undergoing a civil war which we can anticipate to be long-lasting. The most defensible interpretation of this would be to say that the meaning of “last” in the Vice-President’s utterance is used against the backdrop of some wider historical timescale; such that in (say) 30 years, the insurgency really would be gone and Iraq would be peaceful. Let’s also say that the alternate (non-charitable) interpretation of the utterance — namely, that the Vice President is simply confused about the state of Iraq — seems equally strong, as far as plausible attributions go; but we are told to attribute the more defensible interpretation, anyway.

But the “last throes” remark is not at all defensible as a way of phrasing the charitable interpretation. The words are at odds with the underlying meaning to such an extent that we simply must attribute the non-charitable interpretation to him. For, most of the time, utterances carry with them the idea that the speaker is saying things in a way that can be reasonably understood on the basis of what is said: a kind of automatic implication of felicity. To attribute the charitable intent to the speaker on the basis of some words used in context is to condone the method of phrasing (within some tolerances). To interpret charitably (without interjecting and saying, “Whoa, whoa, whoa — what?”) is to accept that the underlying proposition clearly matches the manner of speaking. This is semanticide, and against part of the foundations of communication which any rational conversant must abide by.

The moral of the story is that, within some tolerances, felicity trumps charity.

Error 2. Ignoring the speaker’s goals. What does it mean to attribute to a person the “strongest” interpretation? We might say, wrongly, that it would be to grant them the interpretation that is closest to the truth. But obviously, this doesn’t make sense. To follow one famous Davidsonian line of thinking: if we grant that the meaning of a proposition is its truth-conditions, then the possibility of having false beliefs (and correcting false beliefs in others) forms a formidable basis for our grasping the meaning of propositions in the first place. In other words, you have to understand the utterance on the basis of what is most defensible in terms of the speaker’s beliefs, and not necessarily on the basis of what is true.

So it is far more important to take an examination of the speaker’s goals, personal projects, social situation, and so on, and then decide what would be the strongest interpretation from their point of view. So if someone from the Heaven’s Gate cult says, “Soon I will be over the moon!”, the strongest interpretation would not be to interpret them as meaning “Soon I’ll be happy”, which may be plausible as a matter of fact; but rather, we may go further and attribute to them the crazy belief that they will be, in fact, above the moon. Evaluation of truth need not apply.

This demand for verstehen applies just as well to practical-normative cases, where appeals to “truth” and “falsity” don’t enter the picture. If I go to the local park and see a sign that reads, “No motorized vehicles permitted”, am I supposed to infer that the judge or lawmaker who made the sign has banned those in motorized wheelchairs from the park? Of course not. The goal of the law which the lawmaker had in mind is easy to infer — namely, “Don’t park your car on city grass” — because we know the lawmakers are (supposed) to have public wellbeing in mind; and banning wheelchairs would be plainly working against that goal. If it were well-known that all lawmakers were a shifty bunch, and had a distaste for the handicapped and elderly, then we might make another interpretation.

There are consequences to accepting this wisdom. How many times have we heard this trope: “If we assume that Mr. Writer So-and-so was really smart; and that this interpretation of his words makes him seem really stupid; then we must interpret them as having meant something else”? All it takes to blow this bit of aphoristic pomp to shreds is to note that, in philosophy, one has to get used to seemingly ridiculous arguments which were made by really smart people. The fact of the matter is, people have different goals, different thoughts, beliefs, desires, intentions. To assume that intelligence implies this-or-that interpretation is just silly, once we take into account the actual goals of the writer, and really come to accept that other intelligent persons may sometimes have wildly different beliefs than ourselves.

American democracy doesn’t work

Glenn Greenwald argues:

The basic mechanics of American democracy, imperfect and defective though they may be, still function. Chronic defeatists and conspiracy theorists — well-intentioned though they may be — need to re-evaluate their defeatism and conspiracy theories in light of this rather compelling evidence which undermines them (a refusal to re-evaluate one’s beliefs in light of conflicting evidence is a defining attribute of the Bush movement that shouldn’t be replicated).

Karl Rove isn’t all-powerful; he is a rejected loser. Republicans don’t possess the power to dictate the outcome of elections with secret Diebold software. They can’t magically produce Osama bin Laden the day before the election. They don’t have the power to snap their fingers and hypnotize zombified Americans by exploiting a New Jersey court ruling on civil unions, or a John Kerry comment, or moronic buzzphrases and slogans designed to hide the truth (Americans heard all about how Democrats would bring their “San Francisco values” and their love of The Terrorists to Washington, and that moved nobody). It simply isn’t the case that we are doomed and destined to lose at the hands of all-powerful, evil forces.

It’s not hard to see a bit of pride in Greenwald’s writing. But the attentive democratic reader can only respond to the slightest hint of pride with the barest winsome smile. Even the faintest self-praise from the Colossal Failure that is the contemporary American left comes off as triumphalism. When a movement is so starved for success, its genuine successes will still seem like failures.

No doubt these people who have called themselves “Democrats” deserve some encouragement. They deserve sympathy in part because they have suffered through bad electoral times, and would like a break from perpetual horror; they also deserve it in part because they’re generally right. But what Mr. Greenwald and all the rest need to be reminded of, is that the sigh of relief can’t last long, and it hasn’t been earned.

The fact is, American democracy is in dire shape. The Democrats a) have gone from a barely-minority position, to a barely-majority position; and b) now have substantial amount of power because of that. And both propositions show how far gone American democracy has gotten, albeit in entirely different ways.

The Republican party’s image is a public-relations nightmare. Recent news has shown that they are the party of pederists, warmongers, supporters of a lost cause, censors, killers of innocent Iraqi civilians, apologists for torture, destroyers of social security, tactical and diplomatic incompetents, courtesans of theocrats, enemies of stem-cell research, despisers of both the United Nations and international law, and apologists for state terrorism. They are contemptuous of basic democratic systems, and lie to the public from the highest levels in order to get what they want.

But any basic democratic state would not, and could not, vote for such a party; it would be reviled by 90+ percent of the population. The mere fact that anyone would support it, shows that the democratic culture is reeling from a powerful blow. Much of the pent-up paranoia that any given 1950s straight-man felt against the communists can be attributed to, and was legitimated by, fear of totalitarian rule (albeit mixed with a healthy dose of greed, nationalism, and xenophobia). Yet you can scarcely find any such sentiment among the contemporary Republicans towards themselves; the libertarian right has fled.

Of course, the power of the Republicans originates from identity politics. And the fact of the matter is that identity politics skews towards the undemocratic insofar as it stops aiming toward the achievement of policy goals aimed at the greatest good for the greatest number, and replaces those ambitions with sectarian goals. It may be useful to remind ourselves of Rousseau’s insight on the matter: that a democracy is what happens when the people vote for whatever’s best for the people.

Granted, Rousseau’s ideas are unworkable in practice; people will tend to be self-centered and vote accordingly. Nevertheless, his sentiments are deeply connected at the root to the very practicable thing that makes a democracy work — namely, the willingness of a majority of persons to actually be democratic, and to utterly reject totalitarianism. To have a majority abandon this feeling for law — or to abandon the necessary second premise, of a feeling for reality — is not functional to democracy in any sense of the word. It is a genuine crisis of democracy at its most basic level. As much as I may like her, Nancy Pelosi can’t just pass some legislation to make it go away.

The problems of the culture translate into problems for the law. The dismantling of the filibuster, the alienation of large blocs of the voting population by providing limited voting booths in neighborhoods sympathetic to Democrats, the use of insecure Diebold machines which have zero transparency, and most importantly, the 2000 elections debacle, ought to have shown Americans that their system is broken. That system is broken, simply, because the crimes listed above are things that were done with impunity.

After the 2000 elections, given that we know how the majority really did vote for Gore, the legislature of the intervening years (2000-2004) could only be understood as having been altered or dissolved. As Locke explained: “When, by the arbitrary power of the prince, the electors, or ways of election, are altered, without the consent, and contrary to the common interest of the people, there also the legislative is altered. For, if others than those whom the society hath authorized thereunto, do choose, or in another way than what the society hath prescribed, those chosen are not the legislative appointed by the people”. The Conyers Report, coupled with reports from the GAO, lead us to suspect that the same sort of nonsense happened in Ohio of 2004. Yet where you find election fraud, you cannot find a legitimate democracy; you may only find a rogue state.

Second, the role of the opposition party should be considerable in a democratic state. Yet the impotence of the Democratic party in the past few years shows how broken the American system is. The American public genuinely was split 50-50, yet if you had just looked at the corridors of power, you’d never know it. The Democrats held a respectable amount of seats in both House and Senate, and yet could do almost nothing. The perfect illustration of this is that they had to hold their hearings on Iraq in the basement of the Capitol, literally driven underground.

These facts are not news to Greenwald. Still, he tells us that American democracy has suddenly come alive, with its “basic mechanics” working at a level that is “functional”. If so, it’s news to me. One does not need to be a conspiracy theorist to point out that the “defects” of American governance, rob it of all pretense to democracy.

Weapons of Mass Democracy Rediscovered in the US (About Time!)

Here is an inspired cartoon by the Australian artist Bill Leak.

0,1658,5299915,00[1]-1
Of course, the big question is whether the new Congress will have the courage to act, to restore checks and balances, to assert its role against the “unitary executive,” and to insist on a return to the rule of law in all government affairs. Anthony Romero succinctly summarizes what needs to be done:
  • Demand a thorough investigation into the NSA’s warrantless eavesdropping and stop funding this illegal program and start investigating it instead. …
  • Restore respect for human rights and undo the damage done by both the Bush administration’s despicable practices and the recently passed Military Commissions Act. We must close Guantánamo and begin immediately to push for the restoration of due process and the writ of habeas corpus, a cornerstone of our Constitution and our legal heritage.
  • Expose massive invasions of our personal privacy and the monitoring and suppression of those who dare to disagree with government policies. We need to do away with FBI monitoring of peace activists and religious organizations and end unfettered government access to our private financial, health care, and communications records.
  • End government intrusion into the most personal and private aspects of our lives. It is time to reclaim the moral high ground and fight for marriage equality, put the brakes on the federal government’s relentless assault on reproductive freedom and stop the funneling of billions of tax dollars to religious institutions that are free to discriminate.

I would add one item to that list in particular: Fight tooth and nail to end the insane ban on embryonic stem cell research. There is no conceivable justification for opposing the development of treatments for some of the most tragic diseases known to humankind. Whatever else the anti-stem cell research coalition purports to stand for, they clearly promote human suffering and are, in practice and effect, pro cancer. No one should feel compelled to “respect” such views, even if they are couched in terms of religious belief.

[tags]politics, law, stem cells[/tags]

Soldier killed self after participating in interrogations

http://www.editorandpublisher.com/eandp/columns/pressingissues_display.jsp?vnu_content_id=1003345862

I don’t really want to lower the tone of this blog, but I have to say, this story is revolting at a level I find hard to express.

Greg Mitchell reports:

The true stories of how American troops, killed in Iraq, actually died keep spilling out this week. On Tuesday, we explored the case of Kenny Stanton Jr., murdered last month by our allies, the Iraqi police, though the military didn’t make that known at the time. Now we learn that one of the first female soldiers killed in Iraq died by her own hand after objecting to interrogation methods used on prisoners.

She was Army specialist Alyssa Peterson, 27, a Flagstaff, Ariz., native serving with C Company, 311th Military Intelligence BN, 101st Airborne. Peterson was an Arabic-speaking interrogator assigned to the prison at our air base in troubled Tal-Afar in northwestern Iraq. According to official records, she died on Sept. 15, 2003, from a “non-hostile weapons discharge.”€

But in this case, a longtime radio and newspaper reporter named Kevin Elston, unsatisfied with the public story, decided to probe deeper in 2005, “just on a hunch,” he told E&P today. He made “hundreds of phone calls” to the military and couldn’t get anywhere, so he filed a Freedom of Information Act request. When the documents of the official investigation of her death arrived, they contained bombshell revelations. Here’€™s what the Flagstaff public radio station, KNAU, where Elston now works, reported yesterday:

“€œPeterson objected to the interrogation techniques used on prisoners. She refused to participate after only two nights working in the unit known as the cage. Army spokespersons for her unit have refused to describe the interrogation techniques Alyssa objected to. They say all records of those techniques have now been destroyed. …”.

I’m reminded of the horror film, “Cube”, where people of varying degrees of innocence were trapped, tortured, and killed without exactly knowing why. If you were part of this, or of something that you considered to be a crime against humanity, what would you do? How do you capture the level of insanity, horror, and injustice with mere words? The answer that was evident to Emile Durkheim, suicide, may also be the case here, although I’m not sure Durkheim would quite have had the theory to describe it.

The spin that we’ll hear from, of course, is that she was suicidal from the beginning, had a series of mental problems, etc. Maybe it’s even true. But of course, information about all these things will not be hard to come by. If it becomes an issue, the consensus among pundits will be that she was unstable, and couldn’t deal with the harsh reality of entirely practical, functional detainee interrogation techniques. The role of moral horror in the crafting mental instability will be downplayed; but of course it will be a tragedy, with flowers going to the parents of the deceased, and kind words, etc.

On a more sober note, I must admit surprise that not all documents have been destroyed, and am continually surprised at the effectiveness of FOIA. The true test of FOIA’s effectiveness will be whether we ever see the suicide note.

Global Privacy Rankings

Privacy International published an interesting survey of the degree of informational privacy afforded by various countries to its citizens and the pervasiveness of electronic surveillance. Here are the key findings:

  • The two worst ranking countries in the survey are Malaysia and China. The highest-ranking countries are Germany and Canada.
  • In terms of statutory protections and privacy enforcement, the US is the worst ranking country in the democratic world. In terms of the health of national privacy protection, the US has been ranked between Thailand and Israel.
  • The worst ranking EU country is the United Kingdom, which fell into the “black” category along with Russia and Singapore. The black category defines countries demonstrating “endemic surveillance”.
  • Despite having no comprehensive national privacy law, the United States scored higher than the UK. Thailand and the Philippines also scored higher than the UK.
  • Argentina scored higher than 20 of the 25 EU countries.
  • Australia ranks higher than Slovenia but lower than Lithuania and Argentina. New Zealand ranks higher than Australia and has an equivalent ranking to the Czech Republic.

Here is the ratings table and a map based on the chart. If I was managing an email service provider in Germany, such as GMX, I would start marketing the comparative advantage in terms of privacy protection to US customers. (Hushmail, a great Canadian service, is already doing it.)

[tags]privacy, hush, gmx, surveillance[/tags]