Category Archives: Begging the Question

Straight face

Maggie Gallagher, president of NOM, writes:

Despite the media hoopla, this is not the first case in which a federal judge has imagined and ruled that our Constitution requires same-sex marriage. A federal judge in Nebraska ruled for gay marriage in 2005 and was overturned by the U.S. Court of Appeals for the Eighth Circuit in 2006.

The Proposition 8 case on which the Ninth Circuit's Judge Vaughn Walker ruled Wednesday was pushed by two straight guys with a hunger for media attention, lawyers with huge egos who overrode the considered judgment of major figures in the gay legal establishment, thinkers who feared exactly what we anticipate: the Supreme Court will uphold Prop. 8 and the core civil rights of Californians and all Americans to vote for marriage as one man and one woman.

Judge Walker's ruling proves, however, that the American people were and are right to fear that too many powerful judges do not respect their views, or the proper limits of judicial authority. Did our Founding Fathers really create a right to gay marriage in the U.S. Constitution? It is hard for anyone reading the text or history of the 14th Amendment to make that claim with a straight face, no matter how many highly credentialed and brilliant so-called legal experts say otherwise.

Nevermind the ad homs (ego-driven straight guys!) and the beggings of the question (proper limits of judicial authority!), I don't understand the last sentence.  Allow me to reconstruct:

  1. Many highly credentialed experts, with the proper knowledge and experience, assert x.
  2. no one can seriously claim x.

Pardon my confusion, but it seems like just the right kind of people–qualified straight people with straight faces–have made the assertion, I think that means it has some initial plausibility. 

Now of course, the controversy might be how one interprets "x" in my reconstruction.  And this is where Ms. Gallagher hollow mans–I don't think anyone has made the claim she alleges ("created an [enumerated] right….").  So no one, with a straight face or otherwise, is arguing that the COTUS (anyone ever say that?  They should) utters the phrase "gay marriage."  Of course, as far as I know, it doesn't say "marriage" either. 

via Pandagon via Atrios.

That’s icky, your argument is invalid

Deep Christian thinker Mike Huckabee on teh gay (from a New Yorker Interview via Crooks and Liars):

One afternoon in Jerusalem, while Huckabee was eating a chocolate croissant in the lounge of the Crowne Plaza Hotel, I asked him to explain his rationale for opposing gay rights. “I do believe that God created male and female and intended for marriage to be the relationship of the two opposite sexes,” he said. “Male and female are biologically compatible to have a relationship. We can get into the ick factor, but the fact is two men in a relationship, two women in a relationship, biologically, that doesn’t work the same.”

I asked him if he had any arguments that didn’t have to do with God or ickiness. “There are some pretty startling studies that show if you want to end poverty it’s not education and race, it’s monogamous marriage,” he said. “Many studies show that children who grow up in a healthy environment where they have both a mother and a father figure have both a healthier outlook and a different perspective from kids who don’t have the presence of both.”

In fact, a twenty-five-year study recently published by the American Academy of Pediatrics concluded that children brought up by lesbians were better adjusted than their peers. And, of course, nobody has been able to study how kids fare with married gay parents. “You know why?” Huckabee said. “Because no culture in the history of mankind has ever tried to redefine marriage.”

But in the Old Testament polygamy was commonplace. The early Christians considered marriage an arrangement for those without the self-discipline to live in chastity, as Christ did. Marriage was not deemed a sacrament by the Church until the twelfth century. And, before 1967, marriage was defined in much of the United States as a relationship between a man and a woman of the same race.

Regardless of the past, wouldn’t Huckabee be curious to know whether allowing gay people to marry had a positive or negative effect on children and society?

“No, not really. Why would I be?” he said, and laughed.

Because saying that something ought to be a certain way simply because that’s the way it supposedly has always been is an awful lot like saying “because we said so.” And Huckabee is supposed to be the guy who questions everything.

I think it's reasonably fair to say that Huckabee is full of crap.  The "ick facktor" is not an argument–unless you're talking about putting parmesan cheese on seafood, in which case it is, and your argument is invalid. 

But really seriously. 

Here is an allegedly intelligent guy who claims evidence for his view that isn't evidence for his view.  The idea that monogamy decreases poverty doesn't exclude gay monogamy.  But worse than that, everyone ought to know from anthro 101 that marriage has been "defined" (I really wish we could stop using this sneaky Platonism) in myriad ways in different cultures (and even in the very Bible Huckabee allegedly believes in).  Finally, Huckabee ought at least to be open to the idea that the evidence does not support his prejudices–but no.  That would be asking too much. 

Now in case you think Huckabee has been misquoted or treated unfairly here by the New Yorker (a claim I expect to be forthcoming), consider the following:

As governor of Arkansas, Huckabee successfully championed laws that prevented gay people from becoming foster parents and banned gay adoptions. “Children are not puppies—this is not a time to see if we can experiment and find out how does this work,” Huckabee told a student journalist at the College of New Jersey in April. “You don’t go ahead and accommodate every behavioral pattern that is against the ideal. That would be like saying, ‘Well, there are a lot of people who like to use drugs, so let’s go ahead and accommodate those who want to use drugs. There are some people who believe in incest, so we should accommodate them.’ ” These comments proved unpopular. On his Web site, Huckabee accused his interviewer of trying to “grossly distort” and “sensationalize my well known and hardly unusual views” about homosexuality. The student publication then posted the audiotape of the interview online. Huckabee had not been misquoted.

Now one thing I'm certain the Bible says is "thou shall not bear false witness."

Grounded in logic

The other week the New York Times ran a fawningly long profile of a "big thinking" ultra-conservative Catholic intellectual.  It stressed his powerful Oxford credentials, his Big University Post (at a non-Catholic institution–take that elite liberal institutions!), his influence over Catholic leadership, his ties to Bush, Glenn Beck's admiriation of him, and, most importantly for our purposes, his frequent use of the word "reason" in place of an actual argument.  So powerful his intellect, you see, that Cardinal Rigali of Philadelphia, aped his words in a recent speech. 

Even marriage between a man and a woman, Rigali continued, was grounded not just in religion and tradition but in logic. “The true great goods of marriage — the unitive and the procreative goods — are inextricably bound together such that the complementarity of husband and wife is of the very essence of marital communion,” the cardinal continued, ascending into philosophical abstractions surely lost on most in the room. “Sexual relations outside the marital bond are contrary not only to the will of God but to the good of man. Indeed, they are contrary to the will of God precisely because they are against the good of man.

Now I may not be a logician of this fellow's calibre, but I'm trying to think of which principle of logic grounds the union of a man and a woman in life-long monogamous non-divorcing holy Catholic and procreative matrimony.  I'm going to guess that it must be one of those Latin principles, an abstraction, in other words, few could understand.  Maybe it's ex falso quodlibet sequitur

I think, however, it's more likely the principle of petitio principii–begging the question. 

*edited for sense later in the day.

Deny or disparage

This op-ed by John Mackey, CEO of whole foods, has caused somewhat of a stir.  A bunch of people decided to boycott his store (and use his website to do so).  I prefer the raw capitalism of buying from the actual grower–but I guess that makes me some kind of communist.  Anyway, this morning I ran across a couple of tepid defenses of Mackey's op-ed.  Here, Mary Schmich in the Chicago Tribune, and here the newly rejuvenated Kathleen Parker in the Washington Post.

Mackey lays out a series of proposals that address access to health insurance (but don't guarantee it); the only one aimed at reducing costs (aside from being healthy) is tort reform.  I think tort reform is a dubious strategy for a libertarian–if you have any rights at all, you have a right to sue people for contract breech or for failure to perform up to a certain standard.  There is empirical research of a kind on that point, however, which would at least address the question as to whether tort reform would have any effect on medical costs.  Once that question is resolved, however, one would have to balance one's right to sue an incompetent doctor against the communist benefits of lowering health care costs across the board.  

In addition to offering these and other points, he runs some counter arguments against "socialism."  Since no one is offering socialism, or even socialized medicine (if you don't know that, step away from the microphone at the town hall, go to the local library [for free!] and read some newspapers) I can hardly applaud his courage.  

He runs a version of the "rights" argument as well.  I don't know where people pick up these arguments, but it's really silly.  For some reason people have framed this discussion as one about rights–namely about the rights they're losing in having greater access to health care.  Perhaps this explains why people show up at town hall meetings with guns.  As Wyatt Cenac on the Daily Show indicated yesterday, that makes about as much sense as showing up drunk (which is another thing you have a right to do).

Here, in any case, is Mackey's right's argument:

Many promoters of health-care reform believe that people have an intrinsic ethical right to health care—to equal access to doctors, medicines and hospitals. While all of us empathize with those who are sick, how can we say that all people have more of an intrinsic right to health care than they have to food or shelter?

Health care is a service that we all need, but just like food and shelter it is best provided through voluntary and mutually beneficial market exchanges. A careful reading of both the Declaration of Independence and the Constitution will not reveal any intrinsic right to health care, food or shelter. That's because there isn't any. This "right" has never existed in America.

Even in countries like Canada and the U.K., there is no intrinsic right to health care. Rather, citizens in these countries are told by government bureaucrats what health-care treatments they are eligible to receive and when they can receive them. All countries with socialized medicine ration health care by forcing their citizens to wait in lines to receive scarce treatments.

The idea that the Constitution and the Declaration of Independence (again–not a ruling legal document!) enumerate all of our "intrinsic" rights is silly.  It's silly because, as people should never tire of pointing out, the Constitution, on a careful reading (slightly more careful than Mackey's) says:

Amendment 9 – Construction of Constitution. Ratified 12/15/1791.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

There you have it folks.  A careful reading of the Constitution shows that you may have more rights than the Constitution says.

One more obvious point.  I think no one could seriously argue that the Constitution contains all intrinsic rights, such that their not being mentioned (see above, 9th Amendment) is evidence of their not existing.  That would be circular!

If only my friend Euthyphro were here

I wandered into this contribution on the Huffington Post.  It argues, in a comically bad fashion, that health care is not a "right."  It also argues that the government is bad.  In any case, you know your critical faculties will not be too challenged when you read:

Historically, the huge rise in health care costs began in the 1960s, when Medicare and other programs threw billions of dollars into the industry. Fiscally, Medicare is approaching monumental insolvency, with liabilities in the range of twenty-trillion dollars. To create another bureaucratic labyrinth now — which advocates are proud to say will cost only a trillion dollars over ten years — all but guarantees higher prices, and a greater crisis in the next decade.

Will the advocates of a "bureaucratic labyrinth," different from the bureaucratic labyrinth of the cable TV company or your own private health insurer, please raise their hands.  So no one does.  The fact that this guy had to weasel that one in there gives you the measure of the rest of the piece.

The major problem is yet to come:

The reason is that advocates of government medicine are upholding health care as a moral right. The moral goal of a "right" to health care is blinding people to the cause and effect relationship between government actions and rising prices.

But the very idea that health care — or any good provided by others — is a "right" is a contradiction. The rights enshrined in the Declaration of Independence were to life, liberty, and the pursuit of happiness. Each of these is a right to act, not a right to things. "To secure these rights governments are instituted," which means to secure the rights of each person to exercise his or her liberty in pursuit of his or her own happiness.

I would say in the first place that there is no evidence that the causal assertion here has any purchase on reality. 

Second, as the asinine invocation of the Declaration of Independence makes clear, the author of this piece doesn't care for a serious discussion of rights.  He's content to assert that the rights enshrined in that particular document are exhaustive.  I think that kind of begs the question.  It assumes, in other words, what is in need of proof.  But I also think his conception of what other people mean by rights suffers from a kind of equivocation.  Maybe they don't mean "rights" in the same way he does.  If they mean something else, which they most certainly do, then he's guilty of an equivocation.  

Does this mean that health care is a right?  No of course not.  Does it mean that it is not, not on this argument.  We deserve a better discussion about health care than the one we are currently getting.  This goes for everyone, of course, but in particular it goes for the opposition.

Clapham Omnibus

Not to put too fine a point on it, but this op-ed in the Wall Street Journal is the worst thing I've read in a while on health care.  Cataloging its sheer dumbness would be a labor of many days, so I'll just pick one representative argument (commenters are free to provide their own, or, as the case may be, defend the brilliance of the author's insight).  But first some context.  The point  is that there is no right to health care.  It supports these with a series of independent arguments.  Here is one of them:

When the supposed right to health care is widely recognized, as in the United Kingdom, it tends to reduce moral imagination. Whenever I deny the existence of a right to health care to a Briton who asserts it, he replies, “So you think it is all right for people to be left to die in the street?”

When I then ask my interlocutor whether he can think of any reason why people should not be left to die in the street, other than that they have a right to health care, he is generally reduced to silence. He cannot think of one.

I can think of a lot of things wrong with this argument.  In the first place, perhaps Dalrymple (that's the author's name) ought to ask different people from the men on the Clapham omnibus.  Secondly, it's weird that the people he asks always give the same answer and are stumped by the same objection.  Third, Dalrymple's question is adequately answered by the person, who takes it as self-evident that no one should be left to die in the street when someone can do something about it. 

Rights, for the average guy on the Clapham omnibus, are like that.  Ask the average American on the 151 Sheridan whether she has the right to private property, and she will say "yes."  Ask her why it shouldn't be the case that no one should take away her goods for no reason at all and she will stare at you and repeat that she has a right to private property.

The recognition of baseline inalienable rights (so we can say for the sake of argument) does not mean one lacks moral imagination.  If that were the case, the existence of moral imagination would nullify the existence of inalienable rights, since, after all, they lack imagination.

*Thanks to a long time reader and friend of theNonSequitur.com for this tip.

Impartiality

When you don't have an argument, you can always just beg the question:

As a young senator involved in judicial nomination debates, Obama showed no deference to presidential choices. Instead, he developed a theory that Supreme Court justices should favor socially unfavored groups. He opposed John Roberts for using his skills "on behalf of the strong in opposition to the weak." He criticized Samuel Alito for siding with "the powerful against the powerless." Obama made these distinguished judges sound monstrous because they stood for the impartial application of the law.

That's Michael Gerson.  The jeune Obama has obviously alleged that the judges were "partial" to the interests of the powerful.  Obama is not, in fact, referring to Roberts's behavior as a judge.  But that's another point.  If one reads the whole passage (and not just the heavily elided selection featured on right-wing blogs), Obama addresses Gerson's "impartial application of the law" objection:

There is absolutely no doubt in my mind Judge Roberts is qualified to sit on the highest court in the land. Moreover, he seems to have the comportment and the temperament that makes for a good judge. He is humble, he is personally decent, and he appears to be respectful of different points of view. It is absolutely clear to me that Judge Roberts truly loves the law. He couldn't have achieved his excellent record as an advocate before the Supreme Court without that passion for the law, and it became apparent to me in our conversation that he does, in fact, deeply respect the basic precepts that go into deciding 95 percent of the cases that come before the Federal court — adherence to precedence, a certain modesty in reading statutes and constitutional text, a respect for procedural regularity, and an impartiality in presiding over the adversarial system. All of these characteristics make me want to vote for Judge Roberts. 

The problem I face — a problem that has been voiced by some of my other colleagues, both those who are voting for Mr. Roberts and those who are voting against Mr. Roberts — is that while adherence to legal precedent and rules of statutory or constitutional construction will dispose of 95 percent of the cases that come before a court, so that both a Scalia and a Ginsburg will arrive at the same place most of the time on those 95 percent of the cases — what matters on the Supreme Court is those 5 percent of cases that are truly difficult. In those cases, adherence to precedent and rules of construction and interpretation will only get you through the 25th mile of the marathon. That last mile can only be determined on the basis of one's deepest values, one's core concerns, one's broader perspectives on how the world works, and the depth and breadth of one's empathy.

In those 5 percent of hard cases, the constitutional text will not be directly on point. The language of the statute will not be perfectly clear. Legal process alone will not lead you to a rule of decision. In those circumstances, your decisions about whether affirmative action is an appropriate response to the history of discrimination in this country or whether a general right of privacy encompasses a more specific right of women to control their reproductive decisions or whether the commerce clause empowers Congress to speak on those issues of broad national concern that may be only tangentially related to what is easily defined as interstate commerce, whether a person who is disabled has the right to be accommodated so they can work alongside those who are nondisabled — in those difficult cases, the critical ingredient is supplied by what is in the judge's heart.

I talked to Judge Roberts about this. Judge Roberts confessed that, unlike maybe professional politicians, it is not easy for him to talk about his values and his deeper feelings. That is not how he is trained. He did say he doesn't like bullies and has always viewed the law as a way of evening out the playing field between the strong and the weak.

I was impressed with that statement because I view the law in much the same way. The problem I had is that when I examined Judge Roberts' record and history of public service, it is my personal estimation that he has far more often used his formidable skills on behalf of the strong in opposition to the weak. In his work in the White House and the Solicitor General's Office, he seemed to have consistently sided with those who were dismissive of efforts to eradicate the remnants of racial discrimination in our political process. In these same positions, he seemed dismissive of the concerns that it is harder to make it in this world and in this economy when you are a woman rather than a man.

As I tell my Critical Thinking class, it's just not that hard.  I just don't understand why Gerson can't do what every phil 101 student must do in order to earn a C.

All Cretans are liars

A former Bush speechwriter attempts to put our minds at ease about torture.  He tells us that tortured prisoners do not lie, because the lying deceitful terrorists (whom we should never believe) have told us under torture that they don't:

Critics claim that enhanced techniques do not produce good intelligence because people will say anything to get the techniques to stop. But the memos note that, "as Abu Zubaydah himself explained with respect to enhanced techniques, 'brothers who are captured and interrogated are permitted by Allah to provide information when they believe they have reached the limit of their ability to withhold it in the face of psychological and physical hardship." In other words, the terrorists are called by their faith to resist as far as they can — and once they have done so, they are free to tell everything they know. This is because of their belief that "Islam will ultimately dominate the world and that this victory is inevitable." The job of the interrogator is to safely help the terrorist do his duty to Allah, so he then feels liberated to speak freely. 

Besides, it's their religious duty not to lie under torture–and we ought to take that at face value.

Coercion and Complicity

I'm not quite sure that I understand the complicity argument that has sprung up among some of those who lost the election and who are upset at Obama's policies. Gerson gave a particularly virulent formulation of it today:

There is a common thread running through President Obama's pro-choice agenda: the coercion of those who disagree with it.

. . . .

Now, taxpayers are likely to fund not only research on the "spare" embryos from in vitro fertilization but also on human lives produced and ended for the sole purpose of scientific exploitation. Biotechnicians have been freed from the vulgar moralism of the masses, so they can operate according to the vulgar utilitarianism of their own social clique — the belief that some human lives can be planted, plucked and processed for the benefit of others. It is the incurable itch of pro-choice activists to compel everyone's complicity in their agenda. Somehow, getting "politics out of science" translates into taxpayer funding for embryo experimentation. "Choice" becomes a demand on doctors and nurses to violate their deepest beliefs or face discrimination.

The argument seems to be that the fact that some people of conscience disagree with a certain policy on moral grounds presumptively legitimates the conclusion that the policy should not be enacted. The argument seems to be

1. People of conscience are free to have their own moral beliefs.

2. Freedom of moral belief entails (requires) that one is not "forced" to act counter to one's moral belief.

3. Therefore a policy that "forces" you to act indirectly against your moral belief is wrong.

4. Paying taxes to support an activity that runs counter to your moral beliefs is being "forced" to act counter to your moral beliefs.

5. [Therefore the government is wrong to spend money on activities that run counter to some people's moral belief.]

Gerson, being the moral relativist that he is, relativizes the difference in moral views to "social cliques" and then suggests that the government has no business intervening in this matter of taste–non disputandum gustibus I guess. Gerson makes that Nietzschean mistake of confusing sneering at those who disagree with you with argument against their position.Gerson and others can, of course, take the route many others of serious moral conscience have gone before. But, I can't see how it follows that a government cannot make any law legitimately that would be conscientiously objected to by a "social clique" even if we drink the radical relativist kool-aid with Gerson.

But, it seems to me that there is ultimatley something worrisome about Gerson's notions of "coercion" and "complicity" here. This argument may not seem fallacious as such. He is, of cousre, entitled to define coercion this broadly. But it overloads his premises, and, because he does not make explicit the real claim that he is making here, it seems to come close to begging the question. He is at least using emotionally loaded terms in order to persuade the reader without adequate justification of the wrongness of Obama's order. (Begging the question seems too strong here, better would be a fallacy of loading the key term of the argument.)

I'm really fascinated by the concept of complicity, though I can't say that I understand what the conditions for complicity would be. At the same time I don't think we can do without a fairly robust notion, at least, in our moral thinking. But, the sort of argument that Gerson is trotting out here, seems to be the argument of the defeated: No longer able to argue against fairly overwhelming democratic and popular support for the policy, no longer able to enforce their view by fiat, they claim that any policy is the result of an "incurable itch of [pro-choice] activists to compel everyone's complicity in their agenda."

Economic Creationism

When the leader of the Republican party insists that government jobs are not really jobs, but something else for which there is no word, and that as a matter of definition only a private employer can "create" a "job," you know you're not going to have a very informative discussion on the relative merits of government spending, not to mention the relative merits of particular spending programs and priorities.  You will spend all of your time instead trying to explain how moronic that distinction is and how irrelevant it is to the matter at hand.  Such inane distractions, however, may constitute a strategy for poisoning the well.  We can't have a serious discussion when the children are running around screaming.

Since I don't know anything about economics, I wonder about the merits of government spending.  Since I wonder about the effectiveness of government, I wonder whether some kinds of spending will be a complete waste.  Lots of economists, however, say that spending is a good idea–and they, real economists, not people with undergraduate degrees in English–claim that spending is appropriate in a time such as this.  Fair enough.  I wonder now what would be a serious rebuttal to this claim.  It is certainly not going to be this set of assertions from the Washington Post's Michael Gerson:

But that creed has now been tested in two areas. First, the new president deferred almost entirely to the Democratic congressional leadership on the initial shape of the stimulus package — which, in turn, was shaped by pent-up Democratic spending appetites instead of by an explainable economic theory. Senate modifications made the legislation marginally more responsible. But Obama's pragmatism, in this case, was a void of creativity, filled by the most aggressively ideological branch of government. And this managed to revive Republican ideological objections to federal overreach. In the new age of pragmatism, all the ideologues seem to be encouraged.

The spending, whatever its particular merits, is the theory.  And saying there is no "explainable economic theory" when (a) there is, and (b) that is the core claim of your argument just begs the question in the most obvious way.  That's what is at issue.

I know a lot of things about which program is better seem to be a matter of taste, not informed or justified opinion, and these sort of assertions just do not help change that impression.  There is, after all, a serious discussion worth having about the economy.  It would be nice if the Washington Post cared enough about its readers to insist that their columnists play along.  Hey Michael, an editor might say, say why there is no explainable economic theory–that's the key issue, after all, and no one can seriously just take your word for it, as you were the former President's speechwriter.