Rudy *follow up*

Yesterday it seemed to me that Rudy Giuliani was not doing the standard relativist argument, but, more ominously for our democratic institutions, was (incoherently) challenging the adversarial process for settling questions of fact.

The initial relativism of factual claims is the condition of the adversarial legal system. Someone says x, someone says y, and an impartial judge listens to their arguments and makes a factual determination. The presupposition is that both cannot be correct.

Giuliani seemed to be arguing that because of the disagreement over the factual claims at issue in this case, no resolution is possible, and so any result at all is bound to be unjust to one of the parties. Naturally, this view itself favors one of the parties (conveniently, his).

Today, however, it seems he’s just about to go full relativism, but only with regard to certain questions.

Consider the following exchange from an interview with Fox News:

MacCallum: What did you mean by that?

Giuliani: Oh, very simple. I’m talking about in this particular situation, one person says the Flynn conversation took place. The other person says the Flynn conversation didn’t take place. What’s the truth? You tell me how you figure out the truth. 

MacCallum: Well either it did or it didn’t.

Giuliani: It’s like the tree falling in the forest. Did anybody hear it? I mean how do we know what the truth is?  

MacCallum: You’re talking about whether or not the president asked James Comey to go easy on Michael Flynn. And James Comey says he did, and the president says he didn’t.

Giuliani: That’s right and they will possibly charge him with perjury should he give that answer. That’s why I’m saying in situations like this, to prosecutors, the truth is relative and it’s not absolute like some philosophical concept.

Unlike the tree case, there were observers to whatever conversation we’re talking about–namely, the participants. So points off Giuliani for not noticing that.

Now again it seems to me that the law does have a system for handling cases of, what to call them, extreme factual disagreement–a trial. If it is the case, as Giuliani alleges, that nothing can be known for certain, then there’s a default setting (to the defense).

So Giuliani again balks at embracing full-throated relativism. He’s only a relativist when it’s convenient.

 

Pontification on moral theology

In a conversation with NBC’s Chuck Todd on Meet the Press, Donald Trump’s personal lawyer, Rudy Giuliani, remarked, puzzlingly, that “truth isn’t truth.” Here’s Politico’s reconstruction of the exchange:

“When you tell me that, you know, he should testify because he’s going to tell the truth and he shouldn’t worry, well that’s so silly because it’s somebody’s version of the truth. Not the truth,” Giuliani told Chuck Todd on NBC’s “Meet the Press” on Sunday morning

“Truth is truth,” Todd responded.

“No, no, it isn’t truth,” Giuliani said. “Truth isn’t truth. The President of the United States says, “I didn’t …”

A startled Todd answered: “Truth isn’t truth?”

Giuliani: “No, no, no.”

Todd said: “This is going to become a bad meme.“

This has occasioned lessons in metaphysics from former FBI chief, James Comey:

Not that these guys need any iron-manning, but it seems to me that this (like Kellyanne Conway’s alternative facts)  is pretty banal claim inartfully stated. Even the Politico reconstruction makes this obvious: Giuliani’s worry is that Mueller will be working with a different set of alleged facts, so there might be disagreement that looks bad for Trump. I think it’s hard to disagree with this view.

There’s a better version of the objection, I think (and I haven’t seen it yet, but I’m guessing someone somewhere has said this).

A slightly more uncharitable version of Giuliani’s utterance might go like this: Giuliani (and Conway before him) mean to undermine our processes of finding the truth. Part of the process for discovering the truth in our adversarial legal system is an interview such as the one Mueller wants to hold.  It is of course true that Mueller has (probably) collected, at this stage, a set of claims he thinks are true. But, as far as I know, and I am not a lawyer, Mueller is an investigator and not a judge and a jury. He likely also knows this. The problem, then with Giuliani’s claim is that it rejects the adversarial process for the reason that there will be disagreement over which claims are true, which is, after all, the very point of the adversarial process.

Late update. Here’s Giuliani’s Twitter clarification:

The view seems to be that if you have contradictory statements, he-said-she-said, then no process is adequate to discover it. Take note, criminal defendants!

Reverse Authority

In an earlier post, I’d noted the phenomenon of what I’d called the George Costanza rule – that you do the opposite of what you’re inclined to do.  Here’s the Seinfeld clip with the relevant info again:

The point is that if you find someone who you think has all the wrong inclinations, then you have a good bellwether about where things go off the tracks.  Like old Socrates’ daimon.  Call this the phenomenon of reverse authority.

The paleoconservatives have such a bellwether of reverse authority — it’s whatever progressive celebrities say.  And so, it’s headline news over at Breitbart that celebrities are objecting to  President Trump’s rescinding John Brennan’s security clearance.   This, of course, is news only if you think that celebrities with progressive politics are not only wrong about everything, but their statements must be highlighted so as to deepen one’s own commitment.  And a visit to the comments bears this out:

Dr. Strangely Deplorable: Those overpaid narcissistic aberrations known as “celebrities” are a true barometer of another person or groups rationality and Patriotism. If they are “furious”…all is well in the Great Republic at that moment and the war goes on.

It’s a strange place to be when you can tell you’re right only when the people you hate are objecting.

At some point… we’ll all love slippery slope arguments

 

Robert Astorino was on CNN with Don Lemon to talk about whether the Trump tweet calling Omarosa a ‘dog’ was racist.  Here is an edited version of the exchange:

Lemon: What do you think, Rob.  Was it a racist attack? Do you think he (Trump) should refrain from doing this?

Astorino: I don’t think it was a racist attack.  I think he’s (Trump) an equal opportunity offender. In that he goes after….

…. I had no idea that the word ‘dog’ – I knew it was pejorative – I had no idea that it was a racist term. And I don’t think that most people took it as one.

… I actually looked it up in the dictionary, and nowhere does it say that it’s a slang or racial word….

Lemon: Certain words used against certain people have a different context than if it’s used on a person of the larger culture…. Shouldn’t you know the nuances of this?

Robert Astorino: No. The quick answer is that at some point, we are going to get to the word ‘the,’ and ‘the’ is going to be racist. Because, as I just said is it (calling a woman a ‘dog’) pejorative? Yes. Because he (Trump) meant it as that – to punch back at her, figuratively.  Because he was upset – he knew her and she let him down.

The trouble with Astorino’s line of argument is that there are, as we’ve called them in the past, bumpy staircases (instead of slippery slopes) between a white man calling a black woman a ‘dog’ being racist and usage of articles (definite or indefinite, perhaps) being racist.  Lemon’s point about context is part of it, and the long history of animal vocabulary being overused with people of color is the main factor.    So what prevents the slipperiness of this slope is that there isn’t a long history of usage of ‘the’ as a term of abuse, but there have been ones with animal comparisons with people of color.

But notice a further thing with this particular slippery slope argument – it represents the opposition as having a very badly formulated view of the matter.  That the term ‘dog’ doesn’t have racist connotations is right from the dictionary — what a way to portray your opposition, that they don’t know the meaning of words.  The importance here is that with this slope argument Astorino represents the concerns about Trump’s racist overtones as just not knowing what words mean.  Notice, by the way, that the word ‘monkey‘ doesn’t have its racist usage noted in the dictionary, either.

 

 

Dissensus profundus

To have a meaningful or maybe productive disagreement you should be able to identify what it is you disagree about. Once, for example, I had a disagreement with a neighbor over whether some or other species of vine was an invasive (it was and she was right). It was easy in that case to point to the source of our disagreement: some factual claim about Boston Ivy (irrelevant side note: there are no climbing ivy species native to Chicago). Crucially, it was also easy to point to a source for confidence in such claims about plants: a plant manual (or something like that).

Sometimes, however, it’s easy to point to what you disagree about, but not easy to find a solution–this is because you disagree about what a solution would be. This is a deep disagreement (check on this project on the topic). You disagree so fundamentally that you disagree about disagreeing.

On this topic today I learned, courtesy of Dr. Sara J.Uckelman’s Medieval Logic and Semantics blog, a Latin phrase for this situation:

Contra negantem principia non est disputandum

Or: “against someone who denies principles there can’t be a debate.”

Well, in some cases, according to Duns Scotus, there is one thing you can do:

Et ideo negantes talia manifesta indigent poena vel scientia vel sensu, quia secundum Avicennam primo Metaphysicae : Negantes primum principium sunt vapulandi vel exponendi igni, quousque concedant quod non est idem comburi et non comburi, vapulari et non vapulari.

And thus those who deny such manifest things need punishment or knowledge or sense, because, According to Avicenna (I Metaphysics): those denying a first principle ought to be beaten or burnt until they concede that being burned is not the same as not being burned and being beaten is not the same as not being beaten.

There you might have a valid case of ad baculum, though I don’t recommend this as a general principle.

Too much argument

In a recent TED-X talk in Nashville, Robert Talisse (Vanderbilt) argues that to save democracy, we need to do less of it. Here’s the video:

There’s such a strong connection between argument and democracy that I think what we’re being asked to less of is not so much democracy, but argument. We should argue less in order to argue better.

Behind every weak argument there’s a strong one

Let’s say you’re a member of C. C is a big, non-homogenous group. It’s a group defined by adherence to a mish-mash of not-always-consistent beliefs. That’s how big groups work. That’s how names for big groups work. One obvious question is whether “C” really means anything, given the ideological variation among Cs. But there’s no changing that “C” is the term that gets applied to you and to the C whose view you find ridiculous. That’s a bummer, but that’s life.

Now comes someone, call them G, to single out a subset of C, a subset, by the way, he identifies as a subset, by saying something like “The subset of C with beliefs a, b, c, d, and e” are something or other. Crucially, G doesn’t then draw dark conclusions about other Cs. This would be weak-manning C. To be more precise, weak manning consists in singling out real, but terrible, arguments for scrutiny only then to draw broader conclusions about people who hold different, though related beliefs. In this case, it would be selecting some C-beliefs for scrutiny but then drawing, illegitimately, conclusions about others Cs who don’t hold those beliefs. But G doesn’t do that.

An objection might be that there’s no merit in isolating such a group because their views are uninteresting, or that there exist better versions of their views, or that people will confuse the good ones with the bad ones, thinking the good ones to be the bad ones.

To reply to this. In the first place, it’s certainly true that many hold the version of C under scrutiny. That their views are weak is an important fact (noted by G).

Second, there’s merit, especially to the stronger versions of C, for clearing the decks of the bad views. So, for instance, you’re a member of C, but some members of C hold really appalling views. Getting those views out of the way is not necessarily bad for you. This should be especially inoffensive when the critic explicitly identifies the subclass of C they’re referring to–those Cs over there, not you though.

Another, perhaps stronger, objection is that G ought to know that many will take his criticism of C, despite his specifications and qualifications, to imply that people who fail to distance themselves from C or people who did not notice the badness of C are implicated in the criticism of C. In other words, perhaps G is saying: C is bad, and you know that people confuse you with C, so you are guilty of not saying enough about that. You should be on record as not agreeing with C or aligned with C.

But then again, I’m not really sure that this is even an objection. That may be the whole point of criticizing C after all. C’s association will cost C-ists time and effort. That time and effort expenditure ought to dissuade them from being around C. They should have thought of that. That they didn’t reflects poorly on them and their time management skills.

Nutpicked Trump Derangement Syndrome

Nutpicking, or weak-manning one’s opponent, is a form of the straw man fallacy wherein one finds the worst or weakest version of your opponent’s views or the least sophisticated defenders of an opposed view and then subject that view to scrutiny.  So one goes after the bad versions of one’s opposition, instead of the good ones.

The strategy can occur in lots of ways.  One can wait for an offhand and awkward comment to encapsulate the view, or one can track down the least informed representative of the opposition.  Or one can listen in on the other side’s loose talk.  This last one is a new way to weak man — listen in on a comedy show by and for liberals and wait for them to say something that sounds all-too-revealing.

Well, the folks at INFOWARS did just that.  They listened in on Michelle Wolf’s new Netflix show, and in a comedy gag, she asks:

Are you sort of hoping we don’t get peace with North Korea so you won’t have to give Trump credit?

A funny question.  Of course it’s a joke, but one that is at the expense of the deep resentments at the heart of American politics.  The joke gets funnier, since the audience polled answered YES 71% to No 21%.   That’s pretty funny, and surely everyone who responded had a little chuckle.

Oh, but the INFOWARS folks were listening, too.  They don’t like humor, unless it’s them making a joke about how sensitive liberals are.  Anyway, Paul Joseph Watson, the INFOWARS author, didn’t get the joke, and now reports:

In other words, a significant majority of leftists would happily risk nuclear war, so long as it meant Trump would look bad.

Let that sink in.

When conservatives talk about how many on the left “hate America,” it’s seen by most as a tired cliché, but when you see clips like this it really makes you wonder. . . .

Indeed, it seems that the left is so beset by Trump Derangement Syndrome that they’re quite happy to see the pilot crash the plane even though they’re on it.

So, as I see it, a reporter watches a comedy show and reports that a gag that the audience was supposed to play along with bespeaks a traitorous vendetta among liberals.   So much of the straw man fallacy generally is about interpreting your opponent in a way that exercises minimal charity, if only for the sake of the quality of the exchange that these defaults encourage.  But, look, if your defaults are set on interpreting a comedy sketch like this as little more than a suicidal desire for Trump to fail, then it’s hard to see how there’s much of any opportunity for critique either way.

Yeah, well everybody tu quoques

The fallacy of ad hominem tu quoque is that of identifying an inconsistency either between what’s said and what’s done or between what’s said in one case and in another.  It’s sometimes a strategy of criticism, but it can also be used as a way of deflecting criticism.

The deflection strategy is one that goes after the authority of a speaker for a critical point.  So that I smoke can be a point someone may make back at me when I say one shouldn’t smoke.  For sure, it’s an uncomfortable fact, and one that makes me subject to my own critiques.  So I’m a hypocrite. And that’s why it’s got the pull it does — it’s a matter of making someone uncomfortable in their critical role.  Again, it’s just a deflection strategy, and it still holds that one shouldn’t smoke, even if the person  delivers the message with a cigarette in their mouth.

Now, consider Donald Trump’s defense against the critique of his exchange with Kim Jong-un.  Apparently, there was no discussion about human rights in the meeting.  When asked about it by Bret Baier of Fox News, Donald Trump replied:

Baier: “But he’s still done some really bad things.”

To which Trump said: “Yeah, but so have a lot of other people done some really bad things. I could go through a lot of nations where a lot of bad things were done.”

The strategy here is to say: Look, lots of people do bad things… why make a big deal of it now, especially if we’re making this progress with the de-nuclearization of Korea.  But that’s not exactly what got communicated.  What got communicated is that because everybody (or “lots of other people”) does bad things, we don’t have grounds for criticizing someone who’s done bad things.

This is a pretty strange strategy of managing norms and their demands.  I think that since Trump criticizes people for bad things at other times, he’d probably not accept this as a reply.  Right?  So when he criticizes the ‘deep state’ for undermining his Presidency, I suppose he’d think it irrelevant that lots of other nations have states that undermine their leaders, too.  Or when he complains about celebrities who criticize him, the fact that there are many other people criticized by celebrities is not much of a defense.

One way, maybe, to get a handle on why a defense like this is disappointing is that the fact that lots of people or countries make the error is likely a very good reason to take the criticism to be important and serious.  That is, if it’s a widespread and very costly error (which abusing human rights is, if anything is), then shrugging one’s shoulders and saying that LOTS of people do it is a way of highlighting how important the issue is.  Not of deflating the criticism.

Your argument is invalid

%d bloggers like this: