All posts by John Casey

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3/5ths

Lately I've been thinking of making some modifications to my usual practice here.  One thought is that I should wander into some of the darker corners of the internet (by which I mean the National Review or Ann Coulter's website–if she has one, but she probably does).  One reason for this is that it's a sure bet you'll find something really silly.  Another reason is that I confess I sometimes think I'm guilty of the philosopher disease: shoddy and imperfect public discourse is too uninteresting to bother with (oddly enough, this disease produces two contrasting sets of symptom: (1) ignoring shoddy public discourse while engaging in the same; (2) being overly charitable to shoddy public discourse because it's not worth one's time to look at crappy arguments).  Well, crappy arguments exist, they really do.

And you don't need most of the time to leave the hallowed pages of the major dailies to see them.  Take this little gem from our favorite paralogist, George Will:

The name "progressivism" implies criticism of the Founding, which we leave behind as we make progress. And the name is tautological: History is progressive because progress is defined as whatever History produces. History guarantees what the Supreme Court has called "evolving standards of decency that mark the progress of a maturing society."

The cheerful assumption is that "evolving" must mean "improving." Progressivism's promise is a program for every problem, and progressivism's premise is that every unfulfilled desire is a problem.

Funny.  "Liberalism"–Will's usual name for the hollow man brigade he attacks–implies and endorsement of the "Founding" ("liber" means "free" or "book" or "child," well anyway).  Nonetheless, this has to be one of the sillier things he's written of late.  In the first place, a progressive, I would imagine, does not define his view tautologically, as Will says.  I think rather they have a pragmatic definition: are things working better, as in, "did you make any progress on the problem of the oil spilling in the Gulf of Mexico? " "No, we've made no progress.  Time has marched forward, so we have progressed into the future mind you, but we haven't made any progress with regard to our goal of an oil free Gulf of Mexico."  See, it's just not that hard. 

Second, in that phrase he quotes from the SCOTUS, evolving does mean "improving."  Oftentimes, however–at least in a scientific context–it doesn't. 

These objections of Will's are just silly.  Besides: didn't the "Founding" leave much to be improved upon?  After all, we had to declare that corporations were persons.  Also women.  And African Americans.

Gusher

So by now everyone knows that oil is being spilled into the Gulf of Mexico at a rate higher than 0 gallons.  That's bad for all involved.  What lessons do we draw from BP's epic failure to be regulated?  Let's ask David Brooks:

Everybody is comparing the oil spill to Hurricane Katrina, but the real parallel could be the Iranian hostage crisis. In the late 1970s, the hostage crisis became a symbol of America’s inability to take decisive action in the face of pervasive problems. In the same way, the uncontrolled oil plume could become the objective correlative of the country’s inability to govern itself.

Well if by "everybody" David Brooks means "everybody on Fox News and in the Right Wing think tanks David Brooks listens to," then, yes, everyone is comparing this unrelated thing to Hurricane Katrina.  In any case, the real parallel doesn't seem to be the Hostage Crisis either.  By all accounts, the Iranians had something to do with that (and it wasn't an accident).  (Funny thing: the other day George Will said that BP's failure demonstrates the failure of the regulatory system–rather than the failure of specific regulators). 

Brooks is drawing, I think, some pretty weird conclusions from the tandem failure of BP to control their own mess and of the government to make sure they don't make a mess in the first place.  What this fiasco tells me is this: BP ought to have to get some kind of permit and submit to some kind of honest inspection if they are to put everyone's oysters at risk. 

Indeed, perhaps it's time for the extreme socialism Obama has been advocating.

(For the humorless, the last sentence is a joke) 

Personal virtue

Charles Krauthammer wonders:

Here's my question: Why were we drilling in 5,000 feet of water in the first place?

Ooo, Ooo [note–how does one write that Horshack noise?] pick me: "because oil, an increasingly scarce, difficult to procure, and fundamentally dangerous commodity must be the basis of our energy policy."  Or perhaps I could put this another way:

 Conservation may be a sign of personal virtue, but it is not the basis for a sound energy policy

That's Dick Cheney, mocking the idea that our energy policy (in May of 2001) ought to consist entirely in fossil fuel procurement.  Anyway, it's echoed in Krauthammer's attitude toward environmentalism:

Many reasons, but this one goes unmentioned: Environmental chic has driven us out there. As production from the shallower Gulf of Mexico wells declines, we go deep (1,000 feet and more) and ultra deep (5,000 feet and more), in part because environmentalists have succeeded in rendering the Pacific and nearly all the Atlantic coast off-limits to oil production. (President Obama's tentative, selective opening of some Atlantic and offshore Alaska sites is now dead.) And of course, in the safest of all places, on land, we've had a 30-year ban on drilling in the Arctic National Wildlife Refuge.

That's right.  Blame those same environmentalists who have been saying, for quite a while now, that "conservation" (only one aspect, by the way, of the view mocked by Cheney–no one argued that conservation was the basis of a sound energy policy) is a public virtue–precisely because of spills such as these.  

*made some minor edits.

Agnotology and Sophistry

As I understand it, agnotology, the scientific name for "epistemic closure," could be taken in a couple of different ways (Or, in the words of the Stagirite translated by Moerbeke and pondered upon by the Angelic Doctor, agnotologia dicitur multipliciter).  First, there is the purposeful production of unreasonable doubt:

The unifying feature of the right in the 21st century is not so much ideology as an embrace of ignorance, represented most obviously by the leading figures on the right in the US, Rush Limbaugh and Sarah Palin. Rather than reflecting an even partially coherent world view and political program, rightwing politics now consists of the restatement of talking points in favor of a set of policy positions that represent affirmations of tribal identity, rather than elements of a coherent program.

So, Christianists fight to the death on gay marriage but are unconcerned by the emergence of serial divorce and remarriage as a social norm, particularly among the Republican elite. Libertarians denounce gun control as the first step to dictatorship but, many have been unconcerned or supportive of the abrogation of most constitutional protections against arbitrary arrest and punishment. Business pushes its own barrow through continuous advocacy of tax cuts, but shows no concern about massive defense spending that is already rendering those cuts unsustainable.

Increasingly, I’ve become convinced that the best way to understand this can be summed in the term ‘agnotology’ (h/t commenter Fran Barlow), coined by Robert Proctor to describe study of the manufacture of ignorance. Proctor was referring primarily to the efforts of the tobacco lobby to cast doubt on research demonstrating the link between smoking and cancer. But the veterans of that campaign have moved on to a whole range of new issues, and their techniques have been so widely imitated that the entire political right now looks like Big Tobacco writ even bigger.

The manufacture of ignorance is most obvious in relation to climate change, where the gullibility associated with ‘scepticism’ has reached levels that would have seemed unbelievable (at least in the absence of the kind of religious commitment associated with creationism). If supporters of science had invented someone like Lord Monckton, he would have been dismissed as an absurd caricature.

I think this is far too narrow.  In the first place, it's my guess that not many of those who promote the views discussed above actually believe them to be false.  To this extent I think the Tobacco Industry analogy does not  work.  For on that analogy, the Tobacco companies made efforts to suppress knowledge about their harmful products–they engaged in other words in deliberate propoganda.  

Second, I think what is really at issue in agnotology is the aura of complete unreasonableness associated with a certain set of beliefs or views.  Otherwise science-believing, antibiotic-taking individuals will suddenly seize up when a select set of scientific hypotheses fall under discussion.  Germ theory of disease?  Fine.  Plant Hybridization?  Fine.  Global warming?  Science can't prove anything!

For this reason, I'd say we have a problem primary of selective skepticism.  So the the problem is primarily one of unreasonable ignoring.  This, I think, is a process question.  So agnotology ought to focus on the sophistical mechanisms of ignoring. 

Epistemic Closure

Some conservative fellow wrote a piece a while back using that phrase, "epistemic closure," to describe his fellow conservatives.  It sparked a grand discussion.  The phrase is meant to explain how it is that whole legions of alleged well educated individuals lock themselves into intellectual absurdities, such as the falsity of anthropogenic climate change, that lowering taxes on the rich increases tax revenues, that conservative and industry-friendly health reform proposals are socialist, communist, or fascist, and so forth. 

There is an entertaining discussion of this on Crooked Timber (first here, then here, then here), although the author (John Quiggin) prefers "agnotology" to "epistemic closure" (with good reason, there's a book on the phenomenon).  Go read Quiggin's posts.  The second of them asks the question as to whether the left is guilty of the same degree of agnotology.  His answer is no (I think he's right about this–in the long comments section, no one could satisfy the accusation of tu quoque). 

So what does he recommend?  This:

And as the agnotology/epistemic closure debate has shown, awareness of these facts is increasing. As they become more and more evident, there has been a steady trickle of defections from the intellectual apparatus of the right, some of them quite surprising. With the facts now openly admitted, we can expect to see more.

What does this imply for the left, and particularly for intellectuals on the left? First, as I’ve said, I think it spells an end to any idea that there is value in engaging in discussion with smart people on the other side. It’s impossible to be a smart (and honest) movement conservative, since you have to assent (overtly or tacitly) to all sorts of stupid and dishonest things. Take, for example, a discussion of health care. Whatever arguments someone opposed to Obama’s policy might come up with, if they line up with the Republican position, they are relying on lies about death panels and socialised medicine, repeated by their most prominent leaders, to carry the day. There is simply no point in pretending to engage such a person in honest debate.

Indeed.  I agree.  But ignoring them won't get us anywhere.  They and their silly ideas dominate what passes for public discourse in this country.  Besides, ignoring them plays right into their driving narrative: elitist liberals look down on us.

 

Strongly implies

Most of George Will's straw men are hollow men–enemies, usually "liberals" made up out of thin air, and made to hold views that would embarass a member of the communist party.  Today we are provided with a rare treat.  We can watch, almost in slow motion, the process of George Will-style straw manning.  We can see, in other words, how his dishonest mind distorts his opponent's words and then attacks them.  Today's column begins:

"Physician, heal yourself," said the founder of the church in which Roger Mahony is a cardinal. He is the Catholic archbishop of Los Angeles, and he should heed the founder's admonition before accusing Arizonans of intemperateness. He says that Arizona's new law pertaining to illegal immigration involves "reverting to German Nazi and Russian Communist techniques whereby people are required to turn one another in to the authorities on any suspicion of documentation."

"Our highest priority today," he says, "is to bring calm and reasoning to discussions about our immigrant brothers and sisters." His idea of calm reasoning is to call Arizona's law for coping with illegal immigration "the country's most retrogressive, mean-spirited, and useless anti-immigrant law." He also says that it is "dreadful," "abhorrent" and a "tragedy" and that its assumption is that "immigrants come to our country to rob, plunder and consume public resources."

The problem of illegal immigration is inflaming Mahony, who strongly implies, as advocates for illegal immigrants often do, that any law intended to reduce such illegality is "anti-immigrant." The implication is: Because most Americans believe such illegality should be reduced, most Americans are against immigrants. This slur is slain by abundant facts — polling data that show Americans simultaneously committed to controlling the nation's southern border and to welcoming legal immigration.

First off, note the classic ad hominem (tu quoque variety) flavor to the piece–"physician heal thyself" (but you haven't ha ha ha).   More basically, note that Mahoney (who shares a name with my cat), is talking about discussions of immigrants, not the particular immigration law in question.  For Mahoney, and for any third grader who can read his blog (he's got a blog), you can tell that he is referring to the general topic.  That may be a minor quibble, anyway.  Because the real distortion comes next. 

The clue to this is the twice-used "implication."  Now Will ought to know that the good Cardinal is not likely to make the claim that any law intended to reduce immigration is anti-immigrant simply because this one does.  That would be something like illicit subordination–concluding the universal proposition from the particular.  Ergo–that's Latin–the inference that most Americans are against immigrants does not follow from what Mahoney said. 

But the straw-manner is dishonest, and his objective is to close out the discussion of the opposition on their chosen position, and instead force them to defend, retract or respond to a weaker one.  Whatever they do–and I really don't know what the best way to reply here is–Will's monological tactic wins.  He controls the forum–the newspaper column–he can distort as much as he wants–until, of course, some adult at the Washington Post grows a pair. 

Those fine men and women

In the category of "strange things people say" (not a category here by the way), here's George Will on Arizona's new immigration law:

Non-Hispanic Arizonans of all sorts live congenially with all sorts of persons of Hispanic descent. These include some whose ancestors got to Arizona before statehood — some even before it was a territory. They were in America before most Americans' ancestors arrived. Arizonans should not be judged disdainfully and from a distance by people whose closest contacts with Hispanics are with fine men and women who trim their lawns and put plates in front of them at restaurants, not with illegal immigrants passing through their back yards at 3 a.m.

Mysterious.  Read the rest for the usual ad hominem and parade of straw men.

Are you my life-choice supervisor?

The "you're not the boss of me" objection goes like this: pick some not unreasonable but not universally liked behavioral prescription, object to it by saying, "you're not the boss of me."  Trust me, it's how you have a mature, well-informed, and honest debate about, say, public health. 

Some so-called Medical Doctors have suggested that eating certain kinds of foods (Super-sized Salted Salty-O's, for example) will turn you into a health care nightmare.  But this is America.  To ruin your own health, out of ignorance, seems to be some kind right.  You have a right not to have someone inform you about the relevant facts of your life choices.  Or so argues Michael Gerson:

Following the passage of Democratic health-care reform legislation, President Obama assured the country that it was a "middle-of-the-road, centrist approach" instead of an intrusive, government power grab. But the government seems incapable of resisting the nannying impulse that undermines this claim.

So health reform includes a 10 percent tax on the use of indoor tanning beds. (Someone needs to stop this slow-motion Chernobyl.) The law also requires fast-food restaurants to post their calorie counts at the drive-through window, lest anyone be under the impression that a Big Mac is health food.

Recently, Rep. Henry Waxman (D-Calif.) called for a ban on chewing tobacco in major league baseball. A lawyer for the players' association said, "We can go back to the players and say, 'Congress feels strongly about this. You ought to think about it. Look what's happened on other issues Congress felt strongly about.' " And concerned scientists raised the prospect of legal limits on the salt content of processed foods. There is safety in blandness.

Most symbolically, this year's White House Easter Egg Roll pointedly did not include the distribution of teeth-rotting, obesity-inducing candy. "Every goodie bag," according to one account, "was stuffed with pre-screened fruit, and the grounds were filled with exercise stations." One can only imagine the joy on young faces when they got their apple and their workout.

I can hardly be called a libertarian. Legalizing drugs is a foolish idea because addiction robs people of liberty. Restaurant smoking bans have improved my life and my appetite. But freedom implies some leeway for personal risk and minor, pleasurable foolishness. Democrats in particular seem to be afflicted with Mary Poppins Syndrome: They will not rest until Americans are practically perfect in every way.

I think informing people about the undeniable realities of their food choices–a Big Mac contains 576 calories–could hardly be called an attempt to make Americans perfect in every way.  Rather, some might argue (me for instance), that industries such as BIG COLA and BIG BURGER want to make people ignorant of the consequences of their choices.  Even a libertarian–a consistent one-would have to admit that it's a good thing to know what your food contains. 

But no–such efforts amount to nagging:

This tendency has added relevance because of the passage of health-care reform. When the provision of health insurance to every American becomes a direct responsibility of government, nearly every health matter becomes a public matter. Why not regulate tanning at beaches? Wouldn't mandatory, subsidized sunscreen save billions in health costs? Why not a jelly doughnuts tax? Why not make saturated fat a controlled substance? Shouldn't children on tricycles be required to wear safety helmets?

For some of us, the problem is not the tyranny but the nagging. As the public role in health care expands dramatically, health-care controversies become politicized. The health enthusiasms of a president, an influential congressman or an interest group can become public policy or public pressure. After all: "Look what's happened on other issues Congress felt strongly about." 

Such things always have politicized.  And when people advocate consumers be provided with more information, we get the same, childish argument.  No, no one is the boss of Michael Gerson–he can have a Big Mac whenever he wants.  

The group of non group members

The other day we were treated to the poorly reasoned opinions of culture warrior and disgraced former House Speaker Newt Gingrich on Christian Legal Society versus Martinez.  Today there is a much more thoughtful discussion (by law professor Jonathan Turley), though one which reaches the same basic conclusion as Gingrich.  A reminder again of the main issue:

The case, Christian Legal Society v. Martinez, has the potential to resolve a long-standing conflict between two of the most cherished American traditions: equality and nondiscrimination on one hand and the free exercise of religion on the other. The United States has taken great strides in recent years to protect people from discrimination — including hate speech, unfair hiring practices and unequal treatment under the law. But to some, such gains in equality have come at a price. Religious groups that discriminate — confining their membership to the faithful and those who share their views — say they are being penalized.

This specific controversy began at Hastings, part of the University of California, when CLS members asked to become a registered student organization. With that designation, the group could apply for certain funding, send mass e-mails to the student body and participate in an activities fair, among other perks. Hastings said no. The school concluded that because the CLS bylaws barred non-Christians, gays and non-celibate students from serving as officers or voting members, the group violated the school's ban on discrimination "on the basis of race, color, religion, national origin, ancestry, disability, age, sex or sexual orientation." The CLS could still meet on campus but could not be a registered club unless it opened its membership to all, even those who didn't subscribe to its beliefs. The group challenged the school, and lower courts supported the Hastings policy as a neutral rule applying equally to all groups.

Members of the American Philosophical Association recently debated whether it ought to post job announcements without comment for schools (usually conservative Christian ones) that violate the APA's policies on discrimination against homosexuals (and others) in hiring.  As the debate was among philosophers, hilarity ensued.  See that discussion here.

Turley's argument is ultimately a pragmatic one–the state's interest in fostering association ought to override its concerns about discrimination in particular cases of associating.  This is not an unreasonable position, but I still think it's weak.  He writes:

CLS v. Martinez is a close and difficult case. The court has to weigh fostering diversity of views vs. combating discrimination. The nation benefits when citizens form groups and advance their ideas. Tax-exempt status is even given to groups to encourage association and free speech — important pillars of our society. We cannot pick and choose between groups if we are to allow for pluralism.

The same is true with college groups. A campus offers a cradle of free speech where students can form organizations that foster the exchange of ideas and values. Supporting such groups should not be viewed as endorsing their beliefs but rather as encouraging associations. And as the court stated in Roberts v. United States Jaycees in 1984, "Freedom of association . . . plainly presupposes a freedom not to associate."

While there are strong arguments for upholding the Hastings policy, the CLS was effectively denied recognition because of its religious views — a troubling practice that could easily extend to other groups. For example, some Muslims following Wahabi principles insist that women must be covered and sit separately from men. Likewise, some Orthodox groups such as Hasidic Jews mandate areas divided by gender and require strict dress codes. To insist that Wahabi or Hasidic groups allow anyone to join, including gay and non-conforming members, would create an obvious problem.

Schools can still adopt a nondiscriminatory policy by funding either all or no student groups. That was the choice the Supreme Court gave the University of Virginia in its Rosenberger decision in 1995, after the school refused to pay for publications for religious organizations on campus: Fund all or none.

The question in the current case is where to draw the line. Schools such as Hastings are legitimately barred from discrimination in hiring and promotions. However, barring student organizations based on their religious views puts the state in the position of bestowing favored and unfavored status on groups.

We need to accept that certain forms of government support are meant to foster associations generally and should not turn on the insular views of any particular group. For example, tax exemption should aim to encourage citizens to participate in our society through groups that deepen public debate. These associations not only help individuals define their own values, they also protect the pluralism that defines our nation.

Such neutrality does not mean discrimination is a protected religious right, allowing the faith-based Ku Klux Klan, for example, to engage in public acts of racial hatred. Groups can still be punished for criminal threats, and laws still prohibit discrimination based on race, gender and national origin.

I think we end with a red herring here: no one has suggested CLS has criminal intentions, and we can suppose that the usual criminal laws apply.

The question is another one: does the university have to fund religious groups that discriminate on the basis of sex, race, sexual orientation, gender and so forth?  That's what CLS wants to do.  And therefore an affirmative response for CLS means that discrimination is a protected religious right.

 If CLS wins, then they can engage in "public acts of discrimination" on the basis of sexual orientation (would that be "public acts of sexual orientation hatred"?): imagine the group email on the law school listserve: "come and join CLS as we pray away the gay–no gays or fornicators allowed."

Government-dictated cultural doctrine

I'm not sure what the policy is at my school (I'll check unless anyone beats me to it), but I think every club has to be in principle open to everybody.  So for instance, Amish people are free to join the electronics club (they're not going to, but anyway). 

For some people in other, far-off places, such openness is not enough freedom.  They want to be free to have a club free of people who don't take their pledge.  Luckily, patriots such as these have Big Idea Man and Disgraced Former Speaker of the House Newt Gingrich to watch out for them:

At the outset of the dispute and well into the initial stages of litigation, Hastings said that CLS had violated the university's bans on religious and "sexual orientation" discrimination. After CLS noted that the law school allowed other groups to organize around nonreligious ideas, Hastings suddenly asserted that no group could exclude anybody for any reason. So the Young Democrats, for example, are apparently required to accept Republicans as members and allow them to be elected to leadership positions in their club. That's simply absurd.

Moreover, it's a ploy contorted to camouflage the double standard being applied to CLS simply because it is a Christian organization. Hastings officials hope to hide the fact that on their campus, as at countless other colleges and universities nationwide, people of faith are being deliberately marginalized and excluded not for any real misdemeanors but for having the temerity to suggest that there's an authority higher than school administrators, a truth more compelling than the latest government-dictated cultural doctrine, and a God more worthy of worship than the idols of the left.

A lot of leftists — in the offices of government and in the halls of academia — seem to find those ideas laughable. And yet, watch their faces in the courtrooms and classrooms. They're not laughing. When it comes to eroding freedom to shore up their own politically correct agenda, they are deadly serious.

Being subject to the same rules as everyone else is not usually grounds for marginalization–but what do I know?  My "equal protection" intuition is likely just the "latest government-dictated cultural doctrine."