Category Archives: Straw Man

Academic rights

A number of comments have suggested that the debate over gay marriage is a smokescreen or a red herring. Maybe. But the arguments are real. And it turns out they’re not only offered by nincompoops. I found the following analysis while wandering in the blogosphere:

>Yes, Senator James Inhofe (“I’m very proud that in the entire recorded history of our family, there has never been…any kind of homosexual relationship”) is a sick and moronic bigot. Bill Bennett is a crude embarassment, mostly to himself.

>But all their repulsive, and obsessive, arguments against gay marriage, such as this from Inhofe — “Now, stop and think. What’s going to be the results of this? The results are going to be that it’s going to be a very expensive thing, all these kids, many of them are going to be ending up on welfare” — are to be found, dressed up in fancy-pants pseudo-Alisdair MacIntyre rhetoric, in this document, the Princeton Principles on Marriage, released recently.

>The signatories to this document include such previously respectable conservatives as Jean Bethke Elshtain (Chicago), Robert George (of Princeton, not the young New York Post editorialist), Mary Ann Glendon (Harvard Law), Leon Kass (Chicago), Jeremy Rabkin (Cornell) and the legendary Mr. James Q. Wilson.

>On reading this, my first reaction was that if the academic left can be a little wacky and irresponsible, the academic right is wacky and despicable.

>The most specific of their arguments against gay marriage — which is only one of the “Principles,” but obviously they chose to release it to coincide with the debate — is that marriage equals monogamy and gay marriage “would likely corrode marital norms of sexual fidelity, since gay marriage advocates and gay couples tend to downplay the importance of sexual fidelity in their definition of marriage.” In other words, when gay people make a lifetime vow, they probably don’t really mean it because, well, you know how those gays are.

Read the rest at TPMcafe. I haven’t yet found the document he is referring to. If anyone can, I’d appreciate it.

I fear the Greeks

Especially when they are bearing gifts. George Will pens an approving and quote-rich column about Peter Beinert’s new book, *The Good Fight: Why Liberals — and Only Liberals — Can Win the War on Terror and Make America Great Again.* Beinert, in Will’s fawning presentation, rejects the progressive label in favor of believe it or not “liberal.” But this is liberal in a new sense: the hawkish anti-terror liberal, not the Saddam-loving, Bin Laden-excusing Michael Moore style liberal:

>But while excoriating the Bush administration for perhaps “creating exactly the condition the conservatives have long feared: An America without the will to fight,” Beinart’s most important contribution is to confront the doughface liberals who rejoice about the weakening of that will. Reading liberals who seem to think they “have no enemies more threatening, or more illiberal, than George W. Bush,” Beinart worries that Deaniac liberals are taking over the Democratic Party much as McGovernite liberals did after 1968. He discerns the “patronizing quality” of many liberals’ support for John Kerry in 2004: They “weren’t supporting Kerry because he had served in Vietnam. They were supporting him because they believed other, more hawkish, voters would support him because he had served in Vietnam.”

It’s fun to question people’s motives, but it’s impolite to confuse the motives imputed to them. So while many liberals may perhaps share the satisfaction of having been right about Iraq and Afghanistan from the very beginning, this does not mean (1) that they are gleeful over the damage that has been done to America, and more perniciously, (2) that they brought it about or desired it. The current weakening of America’s standing in the world was one of the arguments *against* silly saber rattling and thinly justified foreign misadventures, not the desired outcome. Taking them to task for having been right all along, as is the current fashion among those who were wrong all along, is like blaming mathematics for your inability to add.

One final point, the oft repeated meme that liberals disdain military service has never been borne out by the facts. A simple survey of leading democrats (vs. Republicans) who actually served their country should dispel this view.

Quote First Amendment Rights

John McCain is possibly unfit to serve as president, opines George Will, because in discussing campaign reform on a radio show he said:

“But I would rather have a clean government than one where quote First Amendment rights are being respected that has become corrupt. If I had my choice, I’d rather have the clean government.”

This sentiment, according to Will, might contradict the President’s oath to uphold the constitution since the constitution states “Congress shall make no law. . .abridging the freedom of speech.”

Will is suggesting that McCain is calling into question the existence of first amendment rights by placing them within so-called scare quotes. Will, of course, does not come out and say this directly:

In his words to Imus, note the obvious disparagement he communicates by putting verbal quotation marks around “First Amendment rights.” Those nuisances.

But raising the question of McCain’s suitability for President can only make sense under the supposition that McCain’s words reveal a ambivalence or hostility to the Constitution.

If on Jan. 20, 2009, he were to swear to defend the Constitution, would he be thinking that the oath refers only to “the quote Constitution”? And what would that mean?

To place a word or phrase in scare quotes is only to indicate that the speaker or writer wishes to take a distance to the use of that word or phrase. The most apparent interpretation of McCain’s phrase is referring to “those things that my opponents consider to fall under first admendment protection.” That is, there is a dispute betwen McCain and others about whether political donations are covered under the first amendment and whether they are absolutely protected if they do. (And we should, of course, note that in McConnell v. Federal Election Commission the Supreme Court upheld the fundamental ideas and provisions of the 2002 Campaign Reform Act as constitutional despite the plaintiffs claim that it violated quote first amendment protections.)

But Will engages in innuendo and cheap straw man argument dressed in disingenuous rhetorical innocence than consider an idea seriously with which he disagrees.

Cut and run

Before he was swept up in a spam patrol sweep, a loyal reader of ours suggested we take a look at the Power Line Blog. He wrote:

>I would like to request that this blog focus a bit on another blog for the purpose of identifying and analyzing the methods of argumentation used there. The blog is Powerline and it is a conservative blog of some influence, although I cannot for the life of me determine why it should be so. In particular, please look over the posts of one of the site’s main contributors: Paul Mirengoff. He has been the subject of a previous post on this blog when he co-authored a Wash Post editorial. I think his posts are rife with certain techniques that debaters often use and which are used to hide some very interesting logical flaws, albeit always that easy to spot. The manner in which he consistently dismisses those with a viewpoint of which he disapproves strikes me both as unresponsive and as an ad hominem approach to argument. I’d be most appreciative of anyone’s observations here — I’ve no particular subject matter or viewpoint at stake here, but I am more than a little puzzled as to why Powerline is given so much credence in the blogosphere and elsewhere.

We’re generally not interested in blogs–it’s all we can do to read the op-eds of the major daily newspapers. As a way however of apologizing to this loyal reader, here’s a quick analysis of a brief Powerline passage:

>The fact that half of all deaths caused by terrorists last year were in Iraq is consistent with what the terrorists themselves often tell us: Iraq is the central front in the global war against Islamic terrorism. The old Andrew Sullivan would have understood that this means we should fight to win in Iraq, not cut and run.

Nevermind that Iraq hadn’t been a central front in the war on terrorism until we made it so by showing up there. The more interesting claim is the second–we should fight to win, not cut and run. “Cutting and running” has all the air of the straw man/false dichotomy. “Cutting and running” is not a strategic manuever; it is hasty, cowardly, and as a result ill-conceived. It is not a policy that any serious person advocates, or should be considered to advocate. So for that reason the powerline blogger blogs against no one. The false dichotomy consists in the implicit claim that the only alternative to “victory” (whose definition is always shifting, by the way, but that is another matter) is cowardly retreat. The alternative to victory, however, is defeat. A road that many claim we have already chosen. But that, again, is another matter.

Don’t say “vouch”

In January of this year, the Florida Supreme Court–yes, that’s the one–held in a 5-2 ruling that tax payer funded vouchers for private school violate the state’s constitution. I wonder what their reasons were. But why bother, when you’re George Will you can attack their motivations and the people who approve:

>But Florida’s Supreme Court fulfilled the desires of the teachers unions, and disrupted the lives of the 733 children and their parents, by declaring, in a 5 to 2 ruling, that the voucher program is incompatible with the state constitution. Specifically, and incredibly, the court held that the OSP violates the stipulation, which voters put into the constitution in 1998, that the state shall provide a “uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education.”

Gee, George. You say “incredibly” but you don’t bother to point to any of the court’s actual reasons for its positions. Unlike twice or thrice weekly columnists, and once a week TV pundits, courts publish detailed *arguments* for their positions. These arguments offer *reasons*. Sometimes they please people, sometimes they don’t. But that fact does not make them credible or incredible. They are incredible if they distort facts, or if they reason badly, or have no basis in the law.

But why bother with such details when you have the power of the simple assertion:

>The court’s ruling was a crashing non sequitur: that the public duty to provide something (quality education) entails a prohibition against providing it in a particular way (utilizing successful private educational institutions). The court’s ruling was neither constitutional law nor out of character, and it illustrates why the composition of courts has become such a contentious political issue.

As readers of this site know, a non sequitur is a logical fallacy. Like the straw man in the previous sentence; Will has hopelessly distorted the argument of the Florida Supreme Court. The following snippet from USA Today makes a point George didn’t:

>But Thursday’s ruling ultimately could affect these and other voucher programs. The court found that taxpayer support for private schools in general is unconstitutional because Florida’s constitution requires “a uniform, efficient, safe, secure and high-quality system of free public schools.” Private schools aren’t “uniform when compared with each other or the public system,” the justices wrote. They’re also exempt from public standards on teacher credentials and requirements to teach about a wide range of subjects, such as civics, U.S. and world history and minorities’ and women’s contributions to history.

So missing from Will’s argument is a discussion of what the court meant by “uniformity,” one of the central legal issues in their ruling. And its absence surely makes the Florida court’s ruling look silly and arbitrary. And so Will can make the following Cornynesque assertion: “The court’s ruling was neither constitutional law nor out of character, and it illustrates why the composition of courts has become such a contentious political issue.” Having avoided the content of their argument by straw man, will can turn to attacking the motivations of the judges (all five democrat appointees) and the people who were pleased by the ruling (the NEA). A crashing non sequitur indeed. Don’t misspell misspelling.

None of this means the court’s decision was right–which it probably was however–but it’s certainly not wrong on Will’s childish and confused libertarian whining. After all–what happens if the state gains financial access to private education? Then they will have the means and the power to enforce “uniformity”; that means the science class will have to teach something other than creationism.

Maxima culpa (eorum)

On the subject of straw men, the Associated Press could also have noted that the President is not alone in ridiculing his opponents–he is just less adept at it. In today’s *Washington Post*, Fareed Zakaria tears a page from the President’s play book; but befitting a professional opiniator, he does it with more subtlety.

After a string of *culpae eorum* (their, not his, faults) regarding the failures of intervention in Iraq, Zakaria asserts:

>And yet, for all my misgivings about the way the administration has handled this policy, I’ve never been able to join the antiwar crowd. Nor am I convinced that Iraq is a hopeless cause that should be abandoned.

Note that “hopeless” and “abandoned” sound a lot like “cut” and “run”–only less Texan. Nowhere in the piece does Zakaria address the reasonable (but not necessarily correct) alternatives to his strategy of staying the course–outside of, that is, the phrase “antiwar crowd.” So, one might surmise that the only other option to continuing with our increasingly disastrous (body count, political instability, etc.) intervention is the anti-war crowd. Despite his more reasoned tone then, Zakaria has used the straw man “some say” technique as the president, and as such, it is impossible for the reader to determine whether his three arguments for staying are any good.

Luckily, however, one doesn’t need to have present to mind an alternative to see just how bad these reasons are.

The first:

>So why have I not given up hope? Partly it’s because I have been to Iraq, met the people who are engaged in the struggle to build their country and cannot bring myself to abandon them.

And the oaths of TV pundits are written on water.

Second:

>there is no doubt that the costs of the invasion have far outweighed the benefits. But in the long view of history, will that always be true? If, after all this chaos, a new and different kind of Iraqi politics emerges, it will make a difference in the region.

It may or may not always be true that Iraq will be a disaster. But it’s very likely that it will be. It’s only getting worse. The possibility of it not being the case is hardly reason to stay. And it has made a difference in the region–it has emboldened Iran and served as a training ground and recruiting depot for all sorts of new terrorists.

Finally:

>These sectarian power struggles can get extremely messy, and violent parties have taken advantage of every crack and cleavage. But this may be inevitable in a country coming to terms with very real divisions and disagreements. Iraq may be stumbling toward nation-building by consent, not brutality. And that is a model for the Middle East.

A “sectarian power struggle” sounds like code for bloody religious civil war where the victor is determined by brutality and force of arms (and perhaps Iranian intervention, among other such things). How this means they are stumbling toward nation-building by consent is simply a mystery. All of the evidence Zakaria cites points in the other direction.

But again, these three really bad reasons only make marginal sense in the context of an absurd alternative. Perhaps one as knowledgeable of foreign affairs as Zakaria could find the time to research some of them.

Straw Men

Not to be bloggy–posting links rather than content that is–but I was flabbergasted to read that Bush has been using straw man arguments in his speeches. While I congratulate the Associated Press on the discovery, I’m a little perplexed and slightly depressed that only now, in the sixth year of his Presidency, has it occured to the AP to run such a story. Here’s an excerpt:

>’Some look at the challenges in Iraq and conclude that the war is lost and not worth another dime or another day,” President Bush said recently.

>Another time he said, ”Some say that if you’re Muslim you can’t be free.”

>”There are some really decent people,” the president said earlier this year, ”who believe that the federal government ought to be the decider of health care … for all people.”

>Of course, hardly anyone in mainstream political debate has made such assertions.

Indeed. And while they’re at it, perhaps they should follow examine the archives of this site. The essence of George Will’s engagement with “the opposition”–to name one particularly egregious example–is the straw man (bleeding heart, motivated by the argument from pity, clueless) liberal. As he, the most distinguished looking member of the right-leaning punditocracy knows, when the quantifier “some” won’t do, just distort what they say.

Prize Fighting

You are scheduled for a championship bout with Mike Tyson. But you’re too lazy to do the hard work of catching live chickens, punching sides of beef, and drinking raw eggs. Instead you find a hundred-pound weakling named “Mike Tyson” and you beat the daylights out of him.

But you haven’t beaten the real Mike Tyson. And that’s more or less the logic of the straw man argument. Such as the one Charles Krauthammer battles today.

Even a cursory reader of the news should know that many have advanced arguments against the war in Iraq; among these, the still perplexingly hawkish can only seem to focus on the weakest or the least representative of them (first Cindy Sheehan’s many and various “cluelessly idealist” pronouncements, now Brent Scowcroft’s “cynical realism”). First, neither of these represents the strongest or more reasonable anti-war positions made consistently in print and elsewhere since September 2001 (and before). Second, even these are consistently portrayed (as they are in today’s column) in the least favorable light (see previous posts here on Cindy Sheehan). And finally, the completely fallacious inference is perpetually drawn that their defeat implies the victory of neo-con position.

All wrong. The pages of the *Washington Post* ought to be reserved for prize-fighting, not pseudonymous sucker-punching.

Sweet Charity

Charity is a basic principle of rational and civilized discourse. We’ve talked about it here many times. Failing to be charitable to an opponent’s argument is playing dirty, playing dirty is a form of cheating, cheating is a form of deliberate dishonesty–i.e., lying. So being uncharitable is a kind of lying. How is one uncharitable? There are many ways. The most typical form is to characterize an opponent’s argument in an unfavorable light. Another more greviously dishonest form–one we see today from George Will–is to pick out only a small part of that argument and claim you’ve fairly or accurately represented the whole (when you haven’t). Arguments are not like sports matches: while you can’t (unfortunately) get disqualified for cheating, you can’t ever win by dishonest means either.

That said, let’s compare Feinstein’s argument with Will’s characterization of it. First, Will:

>Dianne Feinstein’s thoughts on the nomination of John Roberts as chief justice of the United States should be read with a soulful violin solo playing, or perhaps accompanied by the theme song of “The Oprah Winfrey Show.” Those thoughts are about pinning one’s heart on one’s sleeve, sharing one’s feelings and letting one’s inner Oprah come out for a stroll.

Here is how Feinstein’s speech began:

There is no question that Judge Roberts is an extraordinary person. I think there is no question that he has many stellar qualities, certainly a brilliant legal mind and a love and abiding respect for the law, and I think a sense of its scope and complexity as well.

But before taking the momentous step of agreeing that a nominee serve as the Chief Justice of our Supreme Court, for what in this case could be over 30 years, I wanted to have a reasonable sense of confidence that he would uphold certain essential legal rights and protections that Americans rely on, and rights that reflect the values and ideals that make our country so great.

I don’t ask for certainty.

I don’t ask for promises – especially as to how a nominee would rule in any case in the future – even one as important as Roe v. Wade.

But I ask for some ability to find a commitment to broad legal principles that form the basis of our fundamental rights:

* Equal protection under the law, and the ability to remedy discrimination.

* A basic right to privacy that extends from the beginning of life to the end of life.

* The ability of the American public to elect representatives that have the constitutional power and authority to protect and respond to America’s safety, social, and environmental needs; and

* A view of Executive Power that extends deference – but within the law.

It’s important to know that a Justice will be willing to at least start with these fundamental rights.

In making the judgment as to how Judge Roberts evaluates these fundamental rights, I must start with his record.

This hardly seems like the episode of *Oprah* Will suggests that it is (besides, what’s wrong with Oprah?). But how is it that Will makes it seem so vapid? For the sake of brevity–we’ve seen too much of this tripe from Will in the past–we’ll give two examples from Will’s argument. First, by way of response to some remarks about the (so-called) right to privacy, Will rhetorically questions:

>But what would make such a right a “general” right? Do Americans have, say, a constitutional privacy right to use heroin in the privacy of their homes? No. To sell prostitution services in the privacy of their homes? No again.

One would hardly think that criminal activity is covered by a “general” right; we have a general right to freedom of speech, but that does not include yelling fire in a crowded theater or inciting riots. No one other than a mind as nimble as Will’s would think that such things would follow from the assertion of a general right of privacy (or for that matter, would think that someone else thinks so). But for the sake of clarity and completeness, to draw such conclusions would be to commit the fallacy of accident–the clueless misapplication of a general rule.

But in a more general sense (this is our second example), Will woefully invents Feinstein’s main argument (the thesis of which we quoted above):

But the crux of Feinstein’s case against Roberts concerns not the adjective “general” but his general deficiency of empathy. Specifically, she faults his failure to talk to her “as a son, a husband, a father,” and to understand “the importance of reaching out.”

Exploring Roberts’s “temperament and values,” Feinstein asked him about “end of life” decisions, urging him to talk to her “as a son, a husband, a father.” Instead, she says disapprovingly, he “gave a very detached response.”

It’s difficult to look this stuff up (see the above link), so we were able to see if Will accurately quoted Feinstein. Nope, here is what she actually said:

Then when I couldn’t get a sense of his judicial philosophy, I attempted to get a sense of his temperament and values. And I asked him about end of life decisions – clearly, decisions that are gut-wrenching, difficult, and extremely personal.

Rather than talking to me as a son, a husband, a father – which I specifically requested that he do. He gave a very detached response.

The reader will notice what’s missing from Will’s selective quotation. Feinstein specifically asked that Roberts respond to that question because he failed to respond (to Feinstein’s satisfaction) to other more relevant questions about his judicial philosophy. In the end, Feinstein may have a terrible argument, perhaps George Will should direct his efforts at that. Then again, why bother? The confirmation of Judge Roberts is a forgone conclusion. Picking on Feinstein at this point is almost like a late hit in a football game.

Poverty of Argument

George Will reminds us of the reason one finds so little rational discourse in his columns or the columns or cable tv or radio shoutfests of his right wing brethren. However difficult–and we have no doubt it must be very difficult–to pen a column twice or thrice weekly on any topic whatever, this is hardly an excuse for engaging in a running debate with a caricature more ludicrous than which hardly Rush Limbaugh could conceive. By “liberals” or “liberalism,” we are able at this point to surmise, Will clearly means nothing other than some sort of shallow and irrational bleeding-heart variety–the Rush Limbaugh of liberalism. As it would be a mistake to think Limbaugh represents the best of conservativism, it is equally wrong to think Will’s liberal represents the best of liberalism.

In today’s *Post* column, having warmed up with some easy targets–among them the clueless Mary Landrieu and the whole of the self-serving congressional mob–Will turns his sites on the Liberal with a capital “L”:

>The senator [Barack Obama] is called a “new kind of Democrat,” which often means one with new ways of ignoring evidence discordant with old liberal orthodoxies about using cash — much of it spent through liberalism’s “caring professions” — to cope with cultural collapse. He might, however, care to note three not-at-all recondite rules for avoiding poverty: Graduate from high school, don’t have a baby until you are married, don’t marry while you are a teenager. Among people who obey those rules, poverty is minimal.

So the classical liberal, a clueless and shallow bleeding heart big-spender unaware that the real cause of poverty is right there in front of her nose–the poor:

>Liberalism’s post-Katrina fearlessness in discovering the obvious — if an inner city is inundated, the victims will be disproportionately minorities — stopped short of indelicately noting how many of the victims were women with children but not husbands.

And certainly as people were being plucked from rooftops or as they waited in the fetid stench of the Superdome or Convention Center, or worse, it would have been wise to point out that their predicament was the result of their own poor choices. But that would be tasteless and inappropriate.

There’s an even greater mistake lurking underneath Will’s perpetual straw man–it’s not only the mistaken belief that knocking him down constitutes a victory; it is also the clueless inference that “Liberal’s” defeat implies conservativism’s victory.