All posts by John Casey

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Judgment at C-Span

I saw an interesting film last night–Judgment at Nuremberg–In case you haven't seen it, you should.  As the title suggests, the film deals with the war crimes of the Nazis–but in particular the criminal complicity of lower level Nazi judges who participated in the legal machinations of the Nazi regime.

On a related theme, Kathleen Parker has found a new way to pass out moral responsibility in such situations.  If you think you're involved in a criminal regime (but are not yourself criminally responsible), then your saying nothing is worse, yes, worse, than the crimes you have witnessed being committed.  Speaking on C-Span, courtesy of Crooks and Liars, she says:

Parker: Oh wow that’s, you know I’ve met Scott and he is, comes across as just the sweetest, nicest fellow. I took great umbrage at this primarily because, whether the… you know, if… if he were… if he sat in those meetings where evidence was being trumped up and people are actually dying and never so much as cleared his throat or raised an eyebrow–which is what I’m told by everyone in the White House– then I think that he is guilty of something much greater than whatever he presents to the public in this book. You don’t sit there and listen to what you now consider lies and know… you walk out the door. An honorable man walks out the door. And you can go and call a press conference if you are the Press Secretary of the President of the United States. You can call a press conference. You can walk out and get a book contract that day, but you don’t sit through it for years and years and then say ‘well, I think I’ll go get a book contract and you know, present basically my notes that I’ve taken all these years knowing that these people were doing wrong.’ So I simply don’t trust a person like that.

That's novel.  The usual claim is that the person is complicit in the crimes, a silent accomplice perhaps.  Perhaps in an extreme case one might consider the person guilty of a serious crime, but no one could sustain the claim that his or her crime is worse than the original crime.  This would, after all, make the actual criminal less bad than the silent witness.

Argumentum ad linguam

David Broder reviews a conservative think tanks' "admirably well written and well researched" pamphlet about whether "whether America's national identity is eroding under the pressure of population diversity and educational slackness."  Broder, in his oddly positive review of this pamphlet, fails to see the irony in the following two claims.

First,

And so, the Bradley scholars say, "knowing what America stands for is not a genetic inheritance. It must be learned, both by the next generation and by those who come to this country. In this way, a nation founded on an idea is inherently fragile." 

And,

When it comes to the treatment of immigrants, the Bradley team sees a real threat in such things as multilingual ballots and bilingual classes. Such accommodations to the growing diversity of the population could lead to "many Americas, or even no America at all," they maintain. "Historical ignorance, civic neglect and social fragmentation might achieve what a foreign invader could not." 

Seems to me the authors are disturbed by the mechanisms of greater civic knowledge and participation.  Besides, if I remember my history rightly, both of the belligerents in American Civil War spoke English.

Patriotismo

As we head toward the Fourth of July, perhaps some might enjoy the following definition of patriotism from Jonah Goldberg (via Whiskey Fire):

Definitions of patriotism proliferate, but in the American context patriotism must involve not only devotion to American texts (something that distinguishes our patriotism from European nationalism) but also an abiding belief in the inherent and enduring goodness of the American nation. We might need to change this or that policy or law, fix this or that problem, but at the end of the day the patriotic American believes that America is fundamentally good as it is.

It's the "good as it is" part that has vexed many on the left since at least the Progressive era. Marxists and other revolutionaries obviously don't believe entrepreneurial and religious America is good as it is. But even more mainstream figures have a problem distinguishing patriotic reform from reformation. Many progressives in the 1920s considered the American hinterlands a vast sea of yokels and boobs, incapable of grasping how much they needed what the activists were selling.

Why "must" it involve such echoes of state religion (i.e., fascism)?  No one knows.  Goldberg doesn't bother to say.

 

Head of society

Some look to the pundit class for guidance on the complex and confusing issues of the day.  At the cost of several thousands of dollars, this is what David Brooks offers his readers: 

Socially liberal knowledge workers naturally want to see people like themselves at the head of society, not people who used to run Halliburton and who are supported by a vast army of evangelicals.

Two things.  What does "naturally" mean here? Once that's clear, what is "the head of society" in a democracy such as ours?

 

Evidence of absence

The other week George Will repeated his frequent claim that the simple correlation of crime rates and jail rates tells you something–that harsh jail sentences reduces crime.  One would have to be a fool, he alleges, to wonder whether that were the case.  With that in mind, it's interesting to read Cass Sunstein and Justin Wolfers (actual law professors) on the deterrent effect of the death penalty.  Their conclusion (after what appears to be actual research): dunno.  Here's a selection:

One might like to conclude that these latter studies demonstrate that the death penalty does not deter. But this is asking too much of the data. The number of homicides is so large, and varies so much year to year, that it is impossible to disentangle the effects of execution policy from other changes affecting murder rates. Moreover, execution policy doesn't change often or much. Just as a laboratory scientist with too few experimental subjects cannot draw strong conclusions, the best we can say is that homicide rates are not closely associated with capital punishment. On the basis of existing evidence, it is especially hard to justify claims about causality.

Justice Stevens argues, "In the absence of such evidence, deterrence cannot serve as a sufficient penological justification for this uniquely severe and irrevocable punishment." Perhaps. But the absence of evidence of deterrence should not be confused with evidence of absence.

Justice Scalia relies on the suggestion by Sunstein and Vermeule that some evidence suggests a possible deterrent effect. But that suggestion actually catalyzed Donohue and Wolfers's study of available empirical evidence. Existing studies contain significant statistical errors, and slightly different approaches yield widely varying findings, a problem exacerbated by researchers' tendency to report only those results supporting their conclusions. This led Sunstein and Vermeule to acknowledge: "We do not know whether deterrence has been shown. . . . Nor do we conclude that the evidence of deterrence has reached some threshold of reliability that permits or requires government action."

In short, the best reading of the accumulated data is that they do not establish a deterrent effect of the death penalty.

It seems to be obvious that Stevens believes the burden of proof lies with those who assert the causal connection.  In the absence of such evidence for their claim, they can't make the assertion.  Showing that it's not the case might be akin to making the accused prove that he's innocent.  For, after all, there's always the possibility that there is a correlation we haven't discovered yet (and the claims of astrology might also turn ought to be true).  Disproving such a connection would be very difficult and it's silly that Sunstein and Wolfers would suggest this a reasonable request–especially in an op-ed about causal connections for which they claim no positive evidence exists.

The absence of such a correlation, of course, might be seen as a separate question from whether the death penalty is justified (but they don't argue this).  If one's justification for capital punishment relies on deterrence, then the answer is obviously no.  They write:

Why is the Supreme Court debating deterrence? A prominent line of reasoning, endorsed by several justices, holds that if capital punishment fails to deter crime, it serves no useful purpose and hence is cruel and unusual, violating the Eighth Amendment. This reasoning tracks public debate as well. While some favor the death penalty on retributive grounds, many others (including President Bush) argue that the only sound reason for capital punishment is to deter murder.

We concur with Scalia that if a strong deterrent effect could be demonstrated, a plausible argument could be made on behalf of executions. But what if the evidence is inconclusive?

We are not sure how to answer that question. But as executions resume, the debates over the death penalty should not be distorted by a misunderstanding of what the evidence actually shows.

This is baffling.  While the authors deny positive evidence for deterrence, they fail to make the point that there might be some independent justification for capital punishment, like punishment.  Instead they retreat into an absurd hypothetical–if it does deter crime, then yes.  But there's no evidence that it does, so the reasonable conclusion would be that it's not justified on that basis, would it not?

Anti-intellectual punditry

David Broder seems surprised–and informed–by the claim of a recent book (Elvin T. Lim's, The Anti-Intellectual Presidency) that there is a notable absence of "logical argument" in presidential politics.  He writes:

In a slim book titled "The Anti-Intellectual Presidency," [Lim] argues that the real problem is not the increased quantity of words coming out of 1600 Pennsylvania Ave. but the sharp decline in content — especially of logical argument.

While I'm not surprised that Broder is surprised (Bush is staged for a comeback!), it's a disappointing reminder of rather low quality of critical thought in the political press (compared in one recent and blistering article to the courtiers of Versailles).  In an ideal world, Lim's thesis would be the job description of the pundit class and the everyday content of the op-ed page.  But no.

Credibility

Challenging someone's credibility when that person's credibility is relevant to whether or not one should believe him or her does not constitute an ad hominem attack.  Someone ought to tell John Bolton, whose credibility in matters of foreign affairs ought to have suffered for the Iraq debacle.  Well, someone did.  An interviewer asked whether Americans would be rightly skeptical of the administration and its minions'  claims about Iran's military intentions.  And here is how Bolton responded:

Absolutely not! And by the way, the credibility point is an ad hominem reference. And certainly ad hominem attacks in American politics are nothing new.  But to address the merits of the argument requires a response on the merits, not an ad hominem attack.

No it's not an ad hominem attack.  An ad hominem argument uses irrelevant information about the person making an argument to discredit them–whether one should believe Bolton's doomsday rhetoric about Iran is certainly relevant.  

You can hear the audio here

Blind squirrel

David Brooks lays out the case for Bush's military genius in advocating the "surge," which, by some accounts is having some success, by other measures, not very much.  Brooks's argument, however, turns out to hinge on the squirrel and nut principle: every now and then even a blind squirrel finds a nut.  He writes:

The additional fact is that Bush, who made such bad calls early in the war, made a courageous and astute decision in 2006. More than a year on, the surge has produced large, if tenuous, gains. Violence is down sharply. Daily life has improved. Iraqi security forces have been given time to become a more effective fighting force. The Iraqi government is showing signs of strength and even glimmers of impartiality. Iraq has moved from being a failed state to, as Vali Nasr of the Council on Foreign Relations has put it, merely a fragile one.

The whole episode is a reminder that history is a complicated thing. The traits that lead to disaster in certain circumstances are the very ones that come in handy in others. The people who seem so smart at some moments seem incredibly foolish in others.

The cocksure war supporters learned this humbling lesson during the dark days of 2006. And now the cocksure surge opponents, drunk on their own vindication, will get to enjoy their season of humility. They have already gone through the stages of intellectual denial. First, they simply disbelieved that the surge and the Petraeus strategy was doing any good. Then they accused people who noticed progress in Iraq of duplicity and derangement. Then they acknowledged military, but not political, progress. Lately they have skipped over to the argument that Iraq is progressing so well that the U.S. forces can quickly come home.

Never mind the parade of straw men here at the end–too many well informed people doubt that the surge has been a success by any of the proposed measures for Brooks to be so confident in their foolishness.  Now of course it turns out that even granting the success of the surge, there was no plan for afterwards.  Forget about that.  Consider that Brooks doesn't tell us how it is that can call Bush "courageous" or "astute."  To be courageous he would have had to risk something, to be astute he would have had to know something.  Even on Brooks's account he's merely lucky.  So is everyone else, of course, because "history is a complicated thing."

Analyze foreign affairs like Tom Friedman

Tom Friedman on Iraq today:

One of the first things I realized when visiting Iraq after the U.S. invasion was that the very fact that Iraqis did not liberate themselves, but had to be liberated by Americans, was a source of humiliation to them. It’s one reason they never threw flowers. When someone else has to liberate you in your own home, that is humiliating — and humiliation, I believe, is the single-most underestimated force in international relations, especially in the Middle East.

Tom Friedman on Iraq, May 30, 2003 (transcript courtesy of Atrios):

I think it [the invasion of Iraq] was unquestionably worth doing, Charlie.

We needed to go over there, basically, um, and um, uh, take out a very big stick right in the heart of that world and burst that bubble, and there was only one way to do it.

What they needed to see was American boys and girls going house to house, from Basra to Baghdad, um and basically saying, "Which part of this sentence don't you understand?"

You don't think, you know, we care about our open society, you think this bubble fantasy, we're just gonna let it grow?

Well Suck. On. This.

Okay.

That Charlie was what this war was about. We could've hit Saudi Arabia, it was part of that bubble. We coulda hit Pakistan. We hit Iraq because we could. That's the real truth.

Remarkable they don't feel liberated by the likes of Friedman.  Remarkable indeed. 

 

 

Argumentum ad titulum

Here's a new fallacy.  It's a specific variation of the straw man.  It involves attacking the titles of someone's work in place of the work itself.  George Will–what would we do without him–has been working on this one for several years now.  Several years ago, before the NonSequitur, I saw him on ABC's This Week critique a series of New York Times' articles by reading their titles.  From what I could gather, he didn't bother to read the actual article.  The very same subject came up again this past Sunday.

Here is what he writes:

Listening to political talk requires a third ear that hears what is not said. Today's near silence about crime probably is evidence of social improvement. For many reasons, including better policing and more incarceration, Americans feel, and are, safer. The New York Times has not recently repeated such amusing headlines as "Crime Keeps on Falling, But Prisons Keep on Filling" (1997), "Prison Population Growing Although Crime Rate Drops" (1998), "Number in Prison Grows Despite Crime Reduction" (2000) and "More Inmates, Despite Slight Drop in Crime" (2003).

Headlines!  Without reading those articles, one can tell that the titles suggest a counter-intuitive irony.  Will challenges this by not reading it and accusing the author (and the newspaper) of denying an obvious causal connection.

We're Humean about such things, so we don't think causal connections can be divined a priori.