Category Archives: Things that are false

Arthur Laugher

One reason it's very difficult to have a meaningful discussion about health care reform is that people do not seem to have a basic grasp of certain facts.  Enter economist Arthur Laffer, someone who ought to know better:

"If you like the Post Office and the Department of Motor Vehicles and you think they're run well, just wait till you see Medicare, Medicaid and health care done by the government."

The government already runs those things–and people like them.  In any case, maybe I don't always get my copy of Good Housekeeping on time every week, but for very little cost (and I think I'm ripping this off from Jon Stewart) someone delivers it to my front door.  Besides that, the DMV seems to work fine as well.  For me, the most difficult consumer experience of any kind I've ever had is with the cable company–and that was when I was trying to have cable installed.

via Steve Benen.

Slippery McCoy

The very idea of hate crimes laws drives some people deeply into the forest of confusion, where they forget that speech and belief is punished all of the time, and that doing so is not some kind of violation of one's constitutional rights.  One's constitutional rights have some common sense limits: I cannot shout "fire" in a crowded theater, I cannot say (as someone once said to me–seriously) "I'm going to put a cap in your ass."  Unable to countenance such distinctions, Richard Cohen, some kind of liberal columnist for the Washington Post, writes an extremely confused op-ed wherein he rejects the entire idea of hate crimes legislation.  The whole piece hinges on the following snippet in the Senate discussion of hate crimes laws:

 "A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim . . . but frequently savages the community sharing the traits that caused the victim to be selected."

Let's do some googling before we read Cohen.  And when we do, we find that the passage he cites is not the definition of a hate crime, but rather a "finding."  Here is the definition:

the term “hate crime” has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note).

Ok, so now more googling:

(a) DEFINITION- In this section, `hate crime' means a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.

Cohen ignores that–but refers instead to the "findings" of the new 2009 bill, and attacks that as if it were the very definition and sole motivation for their being hate crimes legislation.  That makes the rest of the argument a hollow man–in that he attacks an argument no actually makes.  He writes,

He [James von Brunn] also proves the stupidity of hate-crime laws. A prime justification for such laws is that some crimes really affect a class of people. The hate-crimes bill recently passed by the Senate puts it this way: "A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim . . . but frequently savages the community sharing the traits that caused the victim to be selected." No doubt. But how is this crime different from most other crimes? 

How is "pre-meditated murder" different from "unpremeditated murder"?  How is killing a police officer in the line of duty different from killing a rival mafioso?  Why is it especially heinous to commit offenses against children and the elderly?  Not all murders are the same, sometimes they have special conditions (premeditation), sometimes they have special victims (police, children, politicians).  None of this is unusual or strange.  

Cohen's argument stinks in other ways.  He alleges a slippery slope without attempting to establish it.

The real purpose of hate-crime laws is to reassure politically significant groups — blacks, Hispanics, Jews, gays, etc. — that someone cares about them and takes their fears seriously. That's nice. It does not change the fact, though, that what's being punished is thought or speech. Johns is dead no matter what von Brunn believes. The penalty for murder is severe, so it's not as if the crime is not being punished. The added "late hit" of a hate crime is without any real consequence, except as a precedent for the punishment of belief or speech. Slippery slopes are supposedly all around us, I know, but this one is the real McCoy. 

Criminal acts of speech, thought, expression (and even religion) get punished all of the time.  It's not that hard to draw relevant distinctions (there will certainly be hard cases, but that's what the judiciary is for).

This op-ed is too full of confusion for one post, so I'll stop with the following:

I doubt that any group of drunken toughs is going to hesitate in their pummeling of a gay individual or an African American or a Jew on account of it being a hate crime.

Um–I really doubt this, but it also seems irrelevant.  

 

Mr.Spock

Yesterday I mentioned Obama's response to the argument (made by George Will inter alia) that the "public option" (in part on account of its being not-for-profit) will kill private for-profit insurance.  Here again is Obama's response:

OBAMA: Why would it drive private insurance out of business? If — if private — if private insurers say that the marketplace provides the best quality health care; if they tell us that they're offering a good deal, then why is it that the government, which they say can't run anything, suddenly is going to drive them out of business? That's not logical.

Now, the — I think that there's going to be some healthy debates in Congress about the shape that this takes. I think there can be some legitimate concerns on the part of private insurers that if any public plan is simply being subsidized by taxpayers endlessly that over time they can't compete with the government just printing money, so there are going to be some I think legitimate debates to be had about how this private plan takes shape.

But just conceptually, the notion that all these insurance companies who say they're giving consumers the best possible deal, if they can't compete against a public plan as one option, with consumers making the decision what's the best deal, that defies logic, which is why I think you've seen in the polling data overwhelming support for a public plan.

As anyone can tell, Obama is making a point that that particular argument against the public option suffers from a logical defect.  In particular, he is claiming (I can't believe I have to spell this out, but you'll see in a second why) that the claim we have a perfectly competitive business environment must therefore be false, because the addition of new competetion would destroy existing competitors.  We therefore either have an artificial insurance market which cannot sustain substantial or real market-driven competition (which would be provided by the market driven choice of a not-for-profit model).  Or perhaps the private people just don't want competition from a plan more people would choose–in which case we wouldn't have a free market either.  Notice, dear readers, that Obama concedes there would be "healthy debates" about the nature of the private plan.  That's good–very conciliatory.  But if were up to George Will and friends, that debate can be resolved a priori, as a logical matter.  Obama, correctly points out that the allegation of the logical flaw is erroneous.

Enter Jake Tapper, journalist:

And, while I appreciate your Spock-like language about the logic of the health care plan and the public plan, it does seem logical to a lot of people that if the government is offering a cheaper health care plan, then lots of employers will want to have their employees covered by that cheaper plan, which will not have to be for-profit, unlike private plans, and may, possibly, benefit from some government subsidies, who knows.

 

And then their employees would be signed up for this public plan, which would violate what you're promising the American people, that they will not have to change health care plans if they like the plan they have.

First of all, it is not the case that all private plans are for-profit, but besides, Spock-like?  For Chrissake.  The question deserves a little spock-like criticism of its own.  Take the second part, how many employees have control over the health plan their employer chooses for them now–raise your hands.   

Diminished mental capacity

Kathleen Parker concern trolls on behalf of homophobic Christian ministers:

When whites lynched blacks with the tacit approval of the state, the entire African American community was terrorized. No one can pretend otherwise. It is this immeasurable horror that hate-crimes laws attempt to address by adding another layer of punishment to the primary crime.

What fair-minded person could object? On the other hand, how do we read the minds of our worst actors? Is it possible to say conclusively that these killers were motivated by hate to the exclusion of other potentially confounding factors?

These are legitimate questions that deserve rational debate without the dueling rants of hyperbole and outrage. Ultimately, that debate leads to free-speech issues — especially religious speech — and the real crux of the opposition.

Some conservative groups worry that hate-crimes laws might lead to restrictions on churches or other religious organizations' freedom to quote Scripture that might be deemed hateful toward gays. Might a passionate preacher's invocation of, say, Leviticus 20:13, which condemns homosexual behavior, be interpreted as conspiracy to commit a hate crime?

In fact, the legislation applies when a physical assault or attempted murder takes place. And, so far, the First Amendment still protects the rights of even the Rev. Fred Phelps to take his "God Hates Fags" show on the road.

But in a country where eating Twinkies can be a defense for murder — and a Miss USA contestant can be publicly denounced as a "dumb bitch" for saying that marriage should be between a man and a woman — stranger things are sure to happen.

As an operating principle, meanwhile, it seems wiser to hear and see the haters rather than criminalize their thoughts and banish them to the underground where their demons can fester and where no law can breach their purpose

There's a neat collection of straightforward fallacies here.  In the first place, there is the oft-repeated objection that bias crimes involve an impossible form of "mind reading."  That is just dumb.  "Intentional murder" involves mind reading.  

Second, that the existence of hate crimes laws will ultimately (that's the word that indicates the bottom of the slippery slope–here a fallacious one) inhibit religious speech is just crazy.  Hate crimes laws, as the very name makes clear, involve crimes.  Click here for the FBI page on hate crimes.

That–the alleged slope–completes the red herring–the bait and switch.  For the initial point of the piece regarded including crimes against homosexuals (and others) in hate crimes laws.  Including them seems perfectly reasonable.  It has nothing to do, as Parker even seems to admit without realizing it, with people's "thoughts" (taken by themselves).  Non-existent restrictions on free speech, in other words, are not the issue at all.  On account of that obvious fact, we don't need to worry about "criminalizing" anyone's thoughts.  

Finally, it's ludicrous (and just plain baffling) to group the (not actually real) "Twinkie defense" (supposedly used to justify the murder of Harvey Milk and George Moscone in San Francisco) and the completely reasonable negative public reaction to a beauty contest's lame and ignorant defense of opposite marriage.  She made a contentious point about what rights certain people should have–many have objected to her reasoning.  She's a public figure and ought to expect that.  

One more thing, however, about the murderer of Harvey Milk.  The jury, reading the defendents mind, found him unable to have engaged in premeditated murder on account of diminished mental capacity. 

Credibility Problem

I should keep up on these things, but April 22nd was the sixth anniversary of the following remark by one of our favorite commentators, Charles Krauthammer:

Hans Blix had five months to find weapons. He found nothing. We’ve had five weeks. Come back to me in five months. If we haven’t found any, we will have a credibility problem.

That was 2003 (Thanks Crooked Timber).  At that same event, Krauthammer also said:

I want to talk about the meaning not just of the war in Iraq, but of the war on terrorism. There was a book written about 40 years ago by a man called Joseph Jones, who was in the State Department in 1947. He wrote a book called "15 Weeks." It was the 15 weeks between the day on which the cable arrived from London saying that the British had given up on Turkey and Greece and were pulling out and the announcement that the Harvard commencement by George Marshall of the Marshall Plan.

Those 15 weeks, in 1947, redefined the world, redefined American foreign policy, began the policy of containment, and stand as one of the great sort of intellectual revolutions in modern diplomacy.

I would argue that we have now lived through the 19 months, which stand on an equal plain in their audacity, success and revolutionary nature. The 19 months, of course, are from September 11th, 2001, to April 9th, 2003, a period which, in responding to an attack out of the blue, this administration has redefined the world, reoriented American foreign policy, and put in place a profound new approach which I think will stand with the 15 weeks in history as one of the more remarkable achievements, both intellectually, militarily and diplomatically, and done by a foreign policy team, national security team, which I believe is the most successful and the most impressive since the Truman-Atchison-Marshall team and the others of the late 1940s.

The war in Iraq is simply a battle in this larger campaign and then this larger conceptual structural, and it was characterized by the immediate understanding by the administration in 2001, after 9/11, that the successor to the great ideological wars of the 20th century had presented itself to us, that just as communism was the successor to fascism, in terms of the Cold War being a successor to the second World War, the war on terrorism was now the successor to those great ideological struggles that the 10-year period of the hiatus, the dream sleep that we had in the 1990s had evaporated, and we were in a new world.

And it correctly understood that the struggle was against terrorism in the context of weapons of mass destruction, that the war on terrorism had been entirely misconceived as a war on individuals, a war involving law enforcement, that it was seen as a matter of policing, and trials.

What was understood was the war on terrorism is a real war, and the war had to be taken to the enemy, and it was a war that involved states, that terrorism can only live among states, can only be supported by states and that the distinction had to be made between states which were supporting terrorism, which would inherently be our enemies and states which were not. The war in Afghanistan followed. The war in Iraq has followed.

It's new to me that wars have "successors" in anything but an accidental historical sense (one event or period following another).  Here's the more basic point.  We can all be wrong about predictions.  I've been wrong on occasion–this is going to be the best taco ever! (I've learned to withhold judgment on taquerias).  But Krauthammer is still employed by the Post.  If there going to continue to employ him–seems they will as pundit tenure is better than actual academic tenure–perhaps they (he if he were honest) ought to remind readers of his record as a prognosticator.  

UPDATE:

Again via Crooked Timber, here is a very worthwhile site: http://wrongtomorrow.com/

A couple of items

In case one is interested in how philosophers have reacted to David Brooks' piece (mentioned here yesterday), then they can go over to the Leiter Reports and comment.

In case one is interested in bad arguments in general–as we are–then one can go badarguments.org to practice identifying them.  Have fun.

Finally, if one has been following George F. Will's scientific escapades (discussed by us here and here and here and here and here and here and here and here and here), one might be interested in the following article published in yesterday's Washington Post.  Here's a critical passage:

The new evidence — including satellite data showing that the average multiyear wintertime sea ice cover in the Arctic in 2005 and 2006 was nine feet thick, a significant decline from the 1980s — contradicts data cited in widely circulated reports by Washington Post columnist George F. Will that sea ice in the Arctic has not significantly declined since 1979.

If only the article were distributed as widely as Will's various factually and logically challenged op-eds.  Here's Tom Toles (of the Washington Post!) on George Will:

 

Phronesis

General philosophical post today.  It doesn't seem David Brooks has read Aristotle.  Had he read Aristotle, he would have not written this:

Socrates talked. The assumption behind his approach to philosophy, and the approaches of millions of people since, is that moral thinking is mostly a matter of reason and deliberation: Think through moral problems. Find a just principle. Apply it.

Discuss. 

UPDATE.  Ok, on the strength of a conversation with one of the commentators here, I will add the following two paragraphs (directly from above) to make the Aristotle point clearer.

One problem with this kind of approach to morality, as Michael Gazzaniga writes in his 2008 book, “Human,” is that “it has been hard to find any correlation between moral reasoning and proactive moral behavior, such as helping other people. In fact, in most studies, none has been found.”

Today, many psychologists, cognitive scientists and even philosophers embrace a different view of morality. In this view, moral thinking is more like aesthetics. As we look around the world, we are constantly evaluating what we see. Seeing and evaluating are not two separate processes. They are linked and basically simultaneous.

Now discuss (again).

She blinded me with ethics

There's a certain laughable cluelessness about George Will.  One can seriously wonder whether he really knows that most of his columns advance the shakiest and silliest of arguments.  The same is not true of Charles Krauthammer, his arguments advance a fairly malicious brand of sophistry–in particular, the sophistry of wrongly or dishonestly (i.e., by distortion) claiming others guilty of sophistry.  See for instance his column on Friday (cf., the greatest non sequitur ever foisted)

Today the topic is stem cells.  Two things.  Krauthammer is not incapable of making a reasonable argument, and the stem cell issue deserves to be approached with some amount of seriousness.  Having said that, it seems that Krauthammer in his most recent column does not approach the issue very seriously.  Here's the first bit of unseriousness:

I am not religious. I do not believe that personhood is conferred upon conception. But I also do not believe that a human embryo is the moral equivalent of a hangnail and deserves no more respect than an appendix. Moreover, given the protean power of embryonic manipulation, the temptation it presents to science and the well-recorded human propensity for evil even in the pursuit of good, lines must be drawn. I suggested the bright line prohibiting the deliberate creation of human embryos solely for the instrumental purpose of research — a clear violation of the categorical imperative not to make a human life (even if only a potential human life) a means rather than an end.

On this, Obama has nothing to say. He leaves it entirely to the scientists. This is more than moral abdication. It is acquiescence to the mystique of "science" and its inherent moral benevolence. How anyone as sophisticated as Obama can believe this within living memory of Mengele and Tuskegee and the fake (and coercive) South Korean stem cell research is hard to fathom.

The first part of the second paragraph is false in the sense that Obama does not leave the matter entirely to scientists.  But the second part is a bit of ridiculous hyberbole of the slippery slope variety: if we leave the matter entirely to scientits (who are amoral!), we will get Joseph Mengele (that's a very swift violation of Godwin's law by the way).  Here, for reference, is the relevant section of Obama's speech:

I can also promise that we will never undertake this research lightly. We will support it only when it is both scientifically worthy and responsibly conducted. We will develop strict guidelines, which we will rigorously enforce, because we cannot ever tolerate misuse or abuse. And we will ensure that our government never opens the door to the use of cloning for human reproduction. It is dangerous, profoundly wrong, and has no place in our society, or any society. 

Moving on to the more malicious bits.  Here's Krauthammer again:

That part of the ceremony, watched from the safe distance of my office, made me uneasy. The other part — the ostentatious issuance of a memorandum on "restoring scientific integrity to government decision-making" — would have made me walk out.

Restoring? The implication, of course, is that while Obama is guided solely by science, Bush was driven by dogma, ideology and politics.

It's not a stretch to suggest that the Bush administration had a particular disdain for science and scientists who disagreed with their policy agenda.  See The Republican War on Science, 238ff, for why someone might plausibly assert such a thing about the Bush administration (so spare us the feigned shock please).  But more specifically, the "implication" (that's a logic term) is not that Obama is guided soley (you'll see what he does with this in a moment) by science.  That is an overly strong and decidedly uncharitable version of the claim Obama is making.  Continuing:  

What an outrage. Bush's nationally televised stem cell speech was the most morally serious address on medical ethics ever given by an American president. It was so scrupulous in presenting the best case for both his view and the contrary view that until the last few minutes, the listener had no idea where Bush would come out.

Obama's address was morally unserious in the extreme. It was populated, as his didactic discourses always are, with a forest of straw men. Such as his admonition that we must resist the "false choice between sound science and moral values." Yet, exactly 2 minutes and 12 seconds later he went on to declare that he would never open the door to the "use of cloning for human reproduction."

Does he not think that a cloned human would be of extraordinary scientific interest? And yet he banned it.

Is he so obtuse as not to see that he had just made a choice of ethics over science? Yet, unlike Bush, who painstakingly explained the balance of ethical and scientific goods he was trying to achieve, Obama did not even pretend to make the case why some practices are morally permissible and others not.

This is not just intellectual laziness. It is the moral arrogance of a man who continuously dismisses his critics as ideological while he is guided exclusively by pragmatism (in economics, social policy, foreign policy) and science in medical ethics.

Science has everything to say about what is possible. Science has nothing to say about what is permissible. Obama's pretense that he will "restore science to its rightful place" and make science, not ideology, dispositive in moral debates is yet more rhetorical sleight of hand — this time to abdicate decision-making and color his own ideological preferences as authentically "scientific."

No straw man has been identified, however: Obama has argued that the choice between the two is false, so naturally he does not choose between the two! (See the quote above).  Besides, Obama obviously does not share (see quote above) Krauthammer's nihilistic conception of science, nor does he intend to allow such a science to exist or flourish on the federal dime.  Obama has made it pretty clear that he thinks Bush's restrictions, however surprisingly or drammatically delivered, to be out of sync with where we are scientifically and ethically.  Such an argument, outlined earlier in the speech, does not entail now that anything goes or that there is no moral basis for his view–that would be a falsely dichotomous understanding of ethics and a complete distortion of what Obama said.  The weirdest thing about all of this is that Krauthammer seems to agree with Obama's position.

In any case, it is obvious that the issue of stem cell research is a morally intricate one–one that deserves more serious discussion than Krauthammer would allow.

Choose your own facts

Everyone has heard the expression, "you can choose your own something or other, but not your own facts."  Well, in a way, no.  Here's the way, according to Washington Post's Ombudsman, Andrew Alexander:

Opinion columnists are free to choose whatever facts bolster their arguments. But they aren't free to distort them.

The question of whether that happened is at the core of an uproar over a recent George F. Will column and The Post's fact-checking process.

That sounds wrong to me.  Two quick reasons.  First, there seems to be a question of scale.  If we have three facts that support a claim, and 97 which don't, an opinion columnist at the post is free to argue talk about the three to the exclusion of the 97.  Let's say, for instance, that one tiny piece of evidence (of dubious origin) holds that a certain person is guilty of a crime, yet a pile of evidence shows the opposite.  The Post's Ombudsman thinks it would be fine to mention the one piece, and not the others, creating the impression that the preponderance evidence leans the other way.

Second, we have a question of context.  Facts have a context in which they are true.  In George Will's recent column (which after all is the occasion for this piece), he alleges–and this is the foundation for his argument–that there was a global cooling hysteria in the 1970s.  This may be true of the popular media, but it wasn't true of scientists (who argued that the climate was warming).  There's a fact, sort of I guess, with no context producing a rather misleading inference.  This is especially true if the audience does not have a very clear grasp of the background information (which information makes Will's columns appear ridiculous). 

Choosing your own facts, in other words, can be a method of distortion, and, in this case it was.

Recidivism

We certainly pick on George Will a lot.  This is because he is a recidivist.  Now despite his having been roundly and decisively refuted in his ridiculous global warming denialism, he has returned to the scene of the crime, to repeat his errors and once again to tout the virtues of his skepticism.  His skepticism has little by way of virtue, because it has no factual basis, and he has no business writing anything about a subject in which he has worse than no competence. 

Others have already amply demonstrated the factual errors again in his column.  I would just like to make two points.  Will's most basic problem lies with the inferences he draws.  He insists in his column that dire warnings about global cooling 30 years ago in the popular press have some kind of significance for whether or not one should believe the community of competent and qualified climate scientists when they assert that the globe is warming.  He writes:

Few phenomena generate as much heat as disputes about current orthodoxies concerning global warming. This column recently reported and commented on some developments pertinent to the debate about whether global warming is occurring and what can and should be done. That column, which expressed skepticism about some emphatic proclamations by the alarmed, took a stroll down memory lane, through the debris of 1970s predictions about the near certainty of calamitous global cooling.

Concerning those predictions, the New York Times was — as it is today in a contrary crusade — a megaphone for the alarmed, as when (May 21, 1975) it reported that "a major cooling of the climate" was "widely considered inevitable" because it was "well established" that the Northern Hemisphere's climate "has been getting cooler since about 1950." Now the Times, a trumpet that never sounds retreat in today's war against warming, has afforded this column an opportunity to revisit another facet of this subject — meretricious journalism in the service of dubious certitudes.

Yes, the New York Times' being wrong about global cooling is evidence against a Times' reporter's claims (problematic though they were for being too kind to Will) that scientists have questioned Will's facts.  Sheesh.  You cannot get any dumber than that by way of rejoinder.  Maybe: I know what you are, so what am I?  But this really is a version of that.  

Here's the second point.  Science, as far as I know, thrives on skepticism–qualified skepticism.  Arguing that maybe the Bible is correct and Jesus created the world (okay, it doesn't say that) does not amount to meaningful skepticism.  Neither does George Will's incompetent, ignorant, and self-important bumbling through the facts.  He writes:

The scientists at the Illinois center offer their statistics with responsible caveats germane to margins of error in measurements and precise seasonal comparisons of year-on-year estimates of global sea ice. Nowadays, however, scientists often find themselves enveloped in furies triggered by any expression of skepticism about the global warming consensus (which will prevail until a diametrically different consensus comes along; see the 1970s) in the media-environmental complex.

Nah.  Will has been fairly and roundly criticized for having been wrong in his facts and wrong in his judgments.  This does not amount to evidence of a media-environmental complex, it does, however, suggest that the Post has no interest in reality.  They say as much:

If you want to start telling me that columnists can’t make inferences which you disagree with—and, you know, they want to run a campaign online to pressure newspapers into suppressing minority views on this subject—I think that’s really inappropriate. It may well be that he is drawing inferences from data that most scientists reject — so, you know, fine, I welcome anyone to make that point. But don’t make it by suggesting that George Will shouldn’t be allowed to make the contrary point. Debate him.

That is not the point.  And it's a deliberate misconstruing of the criticism.  In the first place, Will's facts were wrong.  In the second place, his inferences are preposterous (see, for instance, above).  He has no business making them in a public forum such as this and the Post has no business publishing them.