Category Archives: General discussion

Anything else.

Fact value

I don’t know who comes up with titles for op-ed pieces. I hear sometimes it isn’t the author. I won’t therefore begrudge the author of “the case for facing facts” for having picked such a silly title. Imagine someone writing the case for ignoring facts. I can imagine that, actually. And that’s a sad thing.

Anyway, he makes what one might call the “there are bad arguments on both sides” or the “David Broder” argument:

>The problem is one that I have seen cripple our political life again and again and that seems to grow steadily worse. Liberals and conservatives are equally guilty. Neither side wants to face facts that don’t fit its case.

>Consider abortion. Too many pro-lifers and pro-choicers seem determined to ignore the other fellows’ points as they cling to their own rigid positions. And abortion is just one example.

The silly thing about this silly piece (which, by the way, cites no facts that need to be “faced”, but that’s another matter), is that the abortion case isn’t about facts at all–it’s about the value of facts. No one disagrees, for instance, that women can get pregnant, and for one reason or another, don’t want to carry the baby to term. The question is what to do about it. It’s an “ought” question, not an “is” one.

Have faith

Perhaps I should note that the letters to the editor regarding this op-ed by Paul Davies were universally negative. As many have pointed out here, the piece was far worse than my earlier post suggested. Indeed, we’re dealing with an almost D’Souzian (as in the Dartmouth-educated Dinesh) level of badness. One more comment on it, as people seem interested in it. Commenter Matt K writes:

>I believe that this debate continues to arise (and even influences scientists pretending to be bad philosophers) because no one really knows what “faith” is. There isn’t even a broad agreement about what faith is among theologians. Heck, science could be based on faith if all anyone means is something like “not fully supported presuppositions.” I doubt this is what most theologians have in mind when they speak of faith. I have argued elsewhere that the most common notions of faith conceive of it as being a type of justification for belief (or a sub-set of beliefs), and under this conception faith still fails to provide justification for religious belief (much less any other form of belief). I’m still not sure what faith is or what role it is really supposed to be playing in regards to our beliefs. So when I read an argument like Davies I am always left wondering what it is we are really talking about.

That really gets at a lot of the problem, I think. “Faith” plays a lot of different roles in discussions of this sort; despite this, few seem aware of the implications of their view. Davies, for instance, writes:

>Over the years I have often asked my physicist colleagues why the laws of physics are what they are. The answers vary from “that’s not a scientific question” to “nobody knows.” The favorite reply is, “There is no reason they are what they are — they just are.” The idea that the laws exist reasonlessly is deeply anti-rational. After all, the very essence of a scientific explanation of some phenomenon is that the world is ordered logically and that there are reasons things are as they are. If one traces these reasons all the way down to the bedrock of reality — the laws of physics — only to find that reason then deserts us, it makes a mockery of science.

He’s really asking the wrong people. He probably ought to talk to philosophers of science. But the real crazy thing about this argument seems to be the notion that faith covers anything short of a complete explanation. While that’s certainly one way to understand the term “faith,” that’s not what most people mean by it. And that’s not really what Davies means by it anyway. For him, faith has a much more substantive character–he means specific claims that lack justification. That’s hardly the correlate of the scientific view. The correlate of the scientific view, on Davies’ argument, is “reasonless absurdity,” not Christian doctrine. The failure therefore of the scientific view to account for itself (something which no one could ever seriously claim), does not produce the specific, if unjustified doctrines of Christianity (whatever the hell that would mean in this case–Catholicism?)

Golden Wingnut winner

This post from the Power Line (a major, mainstream conservative blog–not a fringe yahoo) was voted winner of the Golden Wingnut Award, a prize given to the most ludicrous post from the conservative side of the web. It might be fun, I thought, to see if anyone can identify why it is so bad.

Here it is:

>It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can’t get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile.

>Hyperbolic? Well, maybe. But consider Bush’s latest master stroke: the Asia Pacific Partnership on Clean Development and Climate. The pact includes the U.S., Japan, Australia, China, India and South Korea; these six countries account for most of the world’s carbon emissions. The treaty is, in essence, a technology transfer agreement. The U.S., Japan and Australia will share advanced pollution control technology, and the pact’s members will contribute to a fund that will help implement the technologies. The details are still sketchy and more countries may be admitted to the group later on. The pact’s stated goal is to cut production of “greenhouse gases” in half by the end of the century.

>What distinguishes this plan from the Kyoto protocol is that it will actually lead to a major reduction in carbon emissions! This substitution of practical impact for well-crafted verbiage stunned and infuriated European observers.

>I doubt that the pact will make any difference to the earth’s climate, which will be determined, as always, by variations in the energy emitted by the sun. But when the real cause of a phenomenon is inaccessible, it makes people feel better to tinker with something that they can control. Unlike Kyoto, this agreement won’t devastate the U.S. economy, and, also unlike Kyoto, the agreement will reduce carbon emissions in the countries where they are now rising most rapidly, India and China. Brilliant.

>But I don’t suppose President Bush is holding his breath, waiting for the crowd to start applauding.

I have my theory. What’s yours?

The original

Many people invoke the “plain text” (or some close variant) of the constitution in order to resolve questions about its meaning. Those people, insofar as they insist on that principle, are originalists. For a more edifying discussion of that topic than one can find here, see Brian Leiter’s law blog. Here’s an excerpt of his argument:

>. . . [O]nce we acknowledge (as Barnett rightly does) that a theory of constitutional interpretation must answer to a theory of constitutional legitimacy, then the constitution (as a written document, or as a document about which framers had some original intention, or as a document which had an original “public” meaning, and so on) drops almost entirely out of the picture: the theory of constitutional legitimacy tells judges how they should decide cases, and the written constitution is, at best, a proxy for what is constitutionally legitimate or is relevant because of its effect on the reasonable expectations of citizens (the latter being a factor bearing on constitutional legitimacy). In other words, Barnett’s theory of constitutional interpretation, because it (unlike most theories–Ackerman’s, Amar’s, etc.) has the correct moral structure is not really a defense of originalism, but a defense of whatever method of interpretation produces “legitimate” (i.e., morally authoritative) outcomes. The writtenness of the constitution, and its original meaing, might, indeed, figure at this point, but only in the way that Raz (who, in an odd way, echoes Posner) suggests: namely, because some moral value (some moral value that bears on authority) attaches to the fact that some understanding of the constitution (original or otherwise) has been stable, relied upon, figures in the public understanding of the society in which people plan their lives, etc.

Aside from the fact that nothing about the Constitution says it should be interpreted one way rather than another, once one adopts an interpretative theory, as Leiter suggests, one has left the text behind. All of this makes the following response mystifying:

>Notice that, while “justice” is the ultimate normative justification for originalism, the intermediate steps are crucial. If a written constitution is valuable for the reasons identified–to define and police the principal-agent relationship–then one cannot simply dispense with it in pursuit of greater justice. More precisely, agent-judges cannot on their own authorize agent-legislatures to exceed their proper powers as defined by the written Constitution in pursuit of greater “justice” than that document provides.

“Simply dispense” and “on their own” beg the question against Leiter, at least it seems so to me. The argument concerns how one ought to read the Constitution, part of that argument involves denying “an original” meaning in isolation from a more basic legal theory. Asserting that one ought to read the Constitution literally just ignores that point.

It turns out that point was made here by Larry Solum:

>Once we have the distinction between semantic and normative originalism in place, it is easy to see that semantic claims are at the heart of the New Originalism or original-meaning originalism. If the semantic claim were false, and the conventional semantic meaning of the text in context at the time of framing and ratification were not the “meaning” of the constitution, then it would be difficult for New Originalists to argue that there are good normative reasons to give this meaning authority. The difficulty is obvious: why should we have a normative commitment to something the Constitution doesn’t mean? If the original meaning is not the actual semantic content of the constitution, but is instead a construction or invention of originalist judges, then many of the normative arguments produced by originalists could be turned against originalism itself.

Dirty hands

More frequent than George Will’s use of “traduce” is David Brooks’ dichotomizing:

>And so there are two kinds of politicians: those who become creatures of the process, and those who, like Pryce, resist and retain the capacity to be appalled by what they must do.

Only two? But notice, they both do the same thing. Perhaps the more appropriate conclusion would be there is only one type of politician. But that wouldn’t be a specious dichotomy anymore, it’d be a specious generalization.

Ad puerum

Every now and then E.J.Dionne puts up his dukes. This time it concerns the slime campaign against the 12-year old Graeme Frost, a boy who had the misfortune to qualify for Maryland’s SCHIP program (an expanded version of which Bush vetoed). The young Mr. Frost, who benefited from the SCHIP program after a serious car accident (and brain stem injury) delivered the Democratic response to Bush’s veto. In response to this, many mainstream–and this is an important classification–conservative personalities attacked young Mr.Frost and his parents, claiming they were undeserving of such federal benefits (among much else).

>So rather than just condemn the right-wingers as meanies, let’s take their claims seriously. Doing so makes clear that they are engaged in a perverse and incoherent form of class warfare.

>The left is accused of all manner of sins related to covetousness and envy whenever it raises questions about who benefits from Bush’s tax cuts and mentions the yachts such folks might buy or the mansions they might own. But here is a family with modest possessions doing everything conservatives tell people they should do, and the right trashes them for getting help to buy health insurance for their children.

>Most conservatives favor government-supported vouchers that would help Graeme attend his private school, but here they turn around and criticize him for . . . attending a private school. Federal money for private schools but not for health insurance? What’s the logic here?

There isn’t any.

Obvious

Harold Meyerson points out what many would consider obvious:

>Just outside our nation’s capital, in affluent Montgomery and Fairfax counties, they still build public schools when the number of school-age children rises above the number that the existing schools can accommodate. Beyond question, there are parents in Fairfax and Montgomery who could easily afford to send their kids to private schools but who send them nonetheless to the excellent public schools in their neighborhoods . They thus increase government spending and withhold revenue from the private-school industry, but I’ve never heard anyone complain about that. A free public education is a right, or, if you prefer, an entitlement in America, because the nation long ago decided that an educated population is a national good.

Of course many wouldn’t consider it obvious, say, for instance, George Will:

>Unless facts are allowed to intrude, in which case it will be pointed out that what the Democrats are doing is taking a program aimed at poor children and turning it into a huge ever-expanding middle class entitlement program for, if Governor Spitzer in New York has his way, people, children up to say 25 years old from households with incomes of $82,000. Now, the guy sitting next to you at the bar at the plaza with a mustache sipping a vodka martini may be on that program for poor children.

Outside of knee jerk conservatism (“I don’t trust nothing new”), what principle could one invoke for offering school equally and to all (in principle–no bad school complaints please) but not health, the more basic and necessary condition for vigorous democratic and economic participation? But rather than thinking of reasons not to offer that particular (to my mind) obvious and rational “entitlement” (which is a silly word), can anyone think of another “entitlement” Meyerson’s principle could be understood to justify?

Out of their minds

If Plato had a blog, perhaps he’d write:

>Soc. . . . . Consider the matter thus: If we wanted Meno to be a good physician, to whom should we send him? Should we not send him to the physicians?

>Any. Certainly.

>Soc. Or if we wanted him to be a good cobbler, should we not send him to the cobblers?

>Any. Yes.

>Soc. And so forth?

>Any. Yes.

>Soc. Let me trouble you with one more question. When we say that we should be right in sending him to the physicians if we wanted him to be a physician, do we mean that we should be right in sending him to those who profess the art, rather than to those who do not, and to those who demand payment for teaching the art, and profess to teach it to any one who will come and learn? And if these were our reasons, should we not be right in sending him?

>Any. Yes.

>Soc. And might not the same be said of flute-playing, and of the other arts? Would a man who wanted to make another a flute-player refuse to send him to those who profess to teach the art for money, and be plaguing other persons to give him instruction, who are not professed teachers and who never had a single disciple in that branch of knowledge which he wishes him to acquire-would not such conduct be the height of folly?

>Any. Yes, by Zeus, and of ignorance too.

>Soc. Very good. And now you are in a position to advise with me about my friend Meno. He has been telling me, Anytus, that he desires to attain that kind of wisdom and-virtue by which men order the state or the house, and honour their parents, and know when to receive and when to send away citizens and strangers, as a good man should. Now, to whom should he go in order that he may learn this virtue? Does not the previous argument imply clearly that we should send him to those who profess and avouch that they are the common teachers of all Hellas, and are ready to impart instruction to any one who likes, at a fixed price?

>Any. Whom do you mean, Socrates?

>Soc. You surely know, do you not, Anytus, that these are the people whom mankind call Sophists?

>Any. By Heracles, Socrates, forbear! I only hope that no friend or kinsman or acquaintance of mine, whether citizen or stranger, will ever be so mad as to allow himself to be corrupted by them; for they are a manifest pest and corrupting influences to those who have to do with them.

>Soc. What, Anytus? Of all the people who profess that they know how to do men good, do you mean to say that these are the only ones who not only do them no good, but positively corrupt those who are entrusted to them, and in return for this disservice have the face to demand money? Indeed, I cannot believe you; for I know of a single man, Protagoras, who made more out of his craft than the illustrious Pheidias, who created such noble works, or any ten other statuaries. How could that A mender of old shoes, or patcher up of clothes, who made the shoes or clothes worse than he received them, could not have remained thirty days undetected, and would very soon have starved; whereas during more than forty years, Protagoras was corrupting all Hellas, and sending his disciples from him worse than he received them, and he was never found out. For, if I am not mistaken,-he was about seventy years old at his death, forty of which were spent in the practice of his profession; and during all that time he had a good reputation, which to this day he retains: and not only Protagoras, but many others are well spoken of; some who lived before him, and others who are still living. Now, when you say that they deceived and corrupted the youth, are they to be supposed to have corrupted them consciously or unconsciously? Can those who were deemed by many to be the wisest men of Hellas have been out of their minds?

>Any. Out of their minds! No, Socrates; the young men who gave their money to them, were out of their minds, and their relations and guardians who entrusted their youth to the care of these men were still more out of their minds, and most of all, the cities who allowed them to come in, and did not drive them out, citizen and stranger alike.

Meno 90c-92b

Pause

This ought to give one pause:

>. . . . Bob Herbert is a sensible person who usually assesses things more accurately than his colleagues, regularly hits the streets to report on the world outside, shines a light on people and issues that deserve far more attention than they usually get, and tells you things you really ought to know but don’t. But here’s the catch: you don’t read Bob Herbert. Or, if you say you do, I don’t believe you.