Illicit contrariness

The debate concerning the “value’s vote” in the election will probably continue for some time. Many pundits have weighed in already, arguing that there was no “value’s vote,” or that the “value’s vote” was misguided, etc. John Leo in the last issue of the U.S. News and World Report (Source: USNWR 11/29/04), seeks to defend the value’s vote from its critics.

>I am struggling to understand the “don’t impose your values” argument. According to this popular belief, it is wrong, and perhaps dangerous, to vote your moral convictions unless everybody else already shares them.

It’s hard to know what argument Leo is unable to understand–the ascription of this view to “popular belief” makes it seem unlikely that he has a particular advocate in mind and so does not feel the need to consider what exactly the argument might involve. Presumably, Leo is trying to capture a sense of the “secular liberal” who adheres to a strict understanding of the separation of church and state and sees religiously motivated “value’s argument” to be as potentially insidious as the installation of the Taliban. But, in the absence of anyone who would actually advance this argument it is hard to take it seriously or Leo’s refutation of it as particularly significant. This is a sort of “straw man fallacy”–the argument that he is actually concerned with is the argument against the place of religious values in political debate, or the rationality of choosing to vote on values rather than economic self-interest.

>Nobody ever explains exactly what constitutes an offense in voting one’s values, but the complaints appear to be aimed almost solely at conservative Christians, who are viewed as divisive when they try to “force their religious opinions on us.”

So Leo seems to be confusing two distinct issues:

1 The argument that a significant number of voters chose to vote on “values” rather than for example economic self-interest etc.
2 The argument that the parochial values of religious sects should not be the grounds for government.

The former is a matter for sociology and political science (and has been discussed in Thomas Franks’ *What’s the Matter with Kansas?*): The latter is a matter of constitutional theory respecting the “establishment clause” of the first amendment (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”). But Leo wants to argue against a caricature of #1 in order to suggest that we have grounds for rejecting #2 (which he does not in fact give) and therefore demostrating the contrary of #2:

2a Parochial values of religious sects should or can be the grounds for government.

What he wants to do is refute claim that “values should never enter into politics” in order to justify the inclusion of religious values in politics. But of course the negation of the first does not imply the contrary of the second since the two are not strict contradictories.

The logical form of this argument:

1 Either no values have a place in government or some do.
2 It is not the case that values *do not* have a place in goverment.
3 Therefore, *all* (including religious) values have a place in government.

So in fact, there are two fallacies here: The straw man in #1 and the equivocation on the notion of values that enables him to conclude that religious values have a place in government even though he has only shown that some values have a place in government.

Strictly speaking, however, this is a formal fallacy based on the difference between contrary and contradictory statements. Contradictory statements possess opposite truth values (one is false, the other true): Contrary statements, however, can both be false.

a No S is P. —- a1) All S is P.
b No S is P. —- b1) Some S is P.

In the first case we have contraries–both can be false (when “Some S is P”). In the second we have contradictories since whatever the truth value of one, the other is opposite. (So we can infer from the falsity of “No S is P” that “Some S is P” is true.) Leo seems to commit the formal fallacy of “illicit contrary” here.

> If the “don’t impose” people wish to mount a serious argument, they will have to attack “imposers” on both sides of the issues they discuss–not just their opponents. They will also have to explain why arguments that come from religious beliefs are less worthy than similar arguments that come from secular principles or simply from hunches or personal feelings.

The first of these two claims is eminently reasonable: Logic here demands consisitency, and so the argument–if there ever has been such a one–that values must be entirely excluded from politics would, of course, have to apply to *all values*–assuming, however, that all “values” are on a par in this case.

But of course there is good reason to exclude certain sorts of religious arguments from political debate in a nation that adheres to the “separation of church and state”–these arguments *are* “less worthy than similar arguments that come from secular principles or simply from hunches or personal feelings” in the context with which we are concerned.

To conclude the column, Leo spends some time looking at several cases where the supposedly “anti-values” people will need to argue against their customary positions as a consequence of the logical virtue of consistency. But the massing of examples does not hide the fact that all he can argue is:

1 If you hold the belief that “imposing values is always wrong,” then you must be opposed to the imposition of values in case x.


But this argument is far too weak for Leo’s purposes. What he in fact wants to conclude is:

>No arguments are privileged because they come from secular people, and none are somehow out of bounds because they come from people of faith. Religious arguments have no special authority in the public arena, but the attempt to label those arguments as illegitimate because of their origin is simply a fashionable form of prejudice. Dropping the “don’t impose” argument would be a step toward improving the political climate.

Leo seems to think that he has established that “religious arguments” are legitimate grounds for political decisions. But, the fact that *some* values are legitimate in public discourse does not of course imply that *all* are.

In fact, as an example, when the Colorado Supreme Court was examining Amendment 2 denying “special consideration” to homosexuals, one of the central issues was whether the moral motivation of the amendment was necessarily founded in a particular religion. Conservative advocates argued that the Ancient Greeks had a non-religious disapprobation of homosexuality.

Thus, at least as far as I understand the underlying issue–not of course being a constitutional lawyer–a *merely* religious argument is in fact “illegitimate” in this case precisely because of its orgin. That is, if a particular law or policy is simply designed to enshrine or impose the moral or religious beliefs of an individual sect on the country as a whole, the arguments in its favor are illegitimate.

And this is not, as Leo wants it, a matter of “prejudice.” For the same reason that the biblical calculation of *pi* can be excluded from mathematics textbooks, so moral beliefs based solely in religious principles are not necessarily legitimate for the purpose of policy and political argument.

After exposing these fallacies and the illegitimate conclusion draws from them, let me make one last comment. I think Leo is in fact right that the debate surrounding stem cell research etc. is a debate about “values”–but the rules of this debate are set among other things by the principles contained within constitution and its tradition of interpretation. Presumably to the chagrin of Leo and others, these rules do in fact exclude certain arguments without the exclusion being a matter of “prejudice.”

One last complication to consider. Surely in a democracy it is legitimate to vote on the basis of one’s values–no one, despite Leo’s suggestion, argues that one should not do so. But these values or the intentions and policies of the candidate who reflects these values are not on that basis legitimate as a matter of public policy. In fact, this was precisely what the founding fathers wanted to avoid: The possibility of the local prejudices of various religions from being imposed on all citizens.

One thought on “Illicit contrariness”

  1. Hey, are you guys still writing? Makes one wonder if you haven’t been shipped off to Guantamano Bay already. And aren’t they supposed to expunge this website when you two become “non-persons”?

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