Category Archives: Plain Bad Arguments

Relativism at the heart of Reason

Arguments from cultural relativism sometimes strike me as acts of desperation: Unable to argue against a position, one argues that taking any position is irresponsible because others disagree with it. From a certain context-free perspective everything can appear to be arbitrary and unjustifiable. Jacob Sullum exploits this sort of argument in a column in Reason. His dudgeon is raised by the passage in the House of H.R. 503, a bill to “amend the Horse Protection Act to prohibit. . . the slaughter of Horses for human consumption and other purposes.”

>Horses are nice. Killing them for food is mean. This is the gist of the argument for the American Horse Slaughter Prevention Act.

Or so claims Sullum.

>Congress is on the verge of passing a law aimed at stopping Americans from catering to foreigners’ taste for horse meat. I generally avoid the phrase cultural imperialism, since it’s often used by people who object to the voluntary consumption of American products by non-Americans. But when Americans want to forcibly impose their culinary preferences on people in other countries, it fits pretty well.

Avoiding the phrase “cultural imperialism” seems to have resulted in not understanding it. If not providing for another culture’s culinary preferences is somehow “forcibly imposing culinary preference on people in other countries,” then the notion of “cultural imperialism” seems to collapse into sheer meaninglessness.

>Perhaps they can enlighten me as well: What is the legally relevant distinction between a horse and a cow? Is it aesthetic? Lambs are awfully cute. Is the issue intelligence? Pigs are pretty smart.

This is a very good question that Sullum has almost stumbled upon. In this case, however, the legally significant distinction is that one species has been legally designated as sellable for food for human consumption and the other has not in many States (I believe this to be true. The sale of horse meat was made legal during WWII in some states and made illegal again after the war. Texas and California I believe have made the sale of horse meat illegal). Presumably Sullum would disagree that this distinction is justified, but the question in his text needs to be answered first by some acquaintance with the relevant laws concerning animals. And whether Sullum agrees or not our legal codes regularly distinguish between species and the protections that they are afforded: For example, animals used for agricultural purposes are explicitly excluded from most anti-cruelty legislation.

What Sullum needs to ask is what is the “morally significant distinction” between a horse and a cow? But, if we ask that, we might discover that the “lever” of arbitrariness does not expand the exclusions from animal protection laws, but works in the other direction. If Sullum’s rejection of the arbitrariness of the banning of slaughtering horses for food is generalized, he would be arguing that since some animals can be made to suffer for purposes of medical knowledge and food, all animals can be made to suffer for such purposes. To the contrary, if one holds that some cruelty laws are justified, then there should be no arbitrary exclusions from them—they should cover all animals.

But to return to horses: Sullum’s claim that the protection of horses from slaughter is arbitrary in a country that slaughters other species for food is hard to dispute. But, at the same time it is not particularly telling as an argument against the Horse Slaughter Prevention Act, even if provides an easy opportunity to ridicule the bills supporters. That some animals have special places in human lives and so receive special protections from exploitation is in part a compromise we make with our intuitive sense that animals are not mere things. It is undoubtedly arbitrary but in the same way that our preference for the interests of our friends and family over strangers is arbitrary.

If nothing else, proponents will argue, passage of this bill will lessen (in however small a way) the suffering of some animals—and that by itself would make this a good law–which does not seem to be the same thing as arguing:

>Horses are nice. Killing them for food is mean. This is the gist of the argument for the American Horse Slaughter Prevention Act.

Fascism

We return again briefly to this mistaken application of the term “fascism” to a vast array of groups with different objectives and goals. Here’s the funny thing. Just as some correctly pointed out that you can’t engage in warfare against a technique–the war on terror–you can’t engage in warfare on a misapplied political adjective. V.D.Hanson writes,

>The common denominators are extremist views of the Koran (thus the term Islamic), and the goal of seeing authoritarianism imposed at the state level by force (thus the notion of fascism). The pairing of the two words conveys a precise message: The old fascism is back, but now driven by a radical fundamentalist creed of Islam.

In the first place, as a factual matter, Iran, al-Qaeda, Syria, and sundry terrorists have little common cause outside of their intense dislike for us or some of our friends–Israel for instance and, oddly, Saudi Arabia. Their client terrorist groups are directed at their own local interests. Al qaeda has local interests as well–the overthrow of the corrupt Saudi monarchy (which is supported by our military). Syria is baathist and decidedly secular (like Iraq *was*), with internal islamist enemies (the muslim brotherhood). These are commonly known facts–or they ought to be.

But more fundamentally, you can no more go to war against fascism than you can go to war against terrorism. Fascism is a political ideology (like Hegel on steroids). Military weapons, which islamo-fascist-utterers urge upon various and sundry targets, cannot kill the idea, only the person with the idea. But it’s not the idea that bothers us–otherwise we’d wage war on Jerry Falwell–it’s the violent way of achieving the idea. And that brings us back to the war on terror (a method). War is waged–so people who’ve participated it in have told me–against nation-states. Ignorant of this fact, Hanson argues:

>And appeasement–treating the first World Trade Center bombing as a mere criminal justice matter or virtually ignoring the attack on the USS Cole–only spurred on further aggression.

So the legalistic Clinton administration–what with its parsing of words and all–spurred further aggression! Perhaps someone ought to point out to Hanson that the current enemies (except the new specious ones Hanson is recruiting–Iran and Syria) are *not* nation-states. More basically, however, reacting with our military is just exactly what they want, as endless experts have pointed out. They are waging a war of ideas. The idea is violence. What a wonderful dream Iraq has turned out to be for them. For they know that no amount of blowing someone up with convince him that democracy works. Being blown up can only convince him that blowing people up works; being terrorized that terror works. This is how one loses a war of ideas.

Boldness is a virtue

Of all of the crazy arguments of those divorced from reality, the one premised on “character” and “consistency” in the face of witheringly true opposition is the most mind-boggling. All of his views are dangerous and wrong, an apologist might say, but it takes boldness and character to be so wrong.

Enter Rick Santorum, a man who still–I’m not kidding about this–insists there were weapons of mass destruction in Iraq–despite Bush’s having said there weren’t any. This alone disqualifies him from the community of informed citizens, least of all the United States Senate.

What conclusion does Michael Smerconish draw from this? Take a look:

>Personal qualities are at least of equal importance, and what I find Santorum lacking on policy matters, he more than makes up for on the personal ledger.

>Rick Santorum is unique. He’s a man of rare substance and conviction.

>In our poll-driven political climate, dominated by blow-dried politicians with their fingers to the wind, he stands for things. And even where he stands for things with which I disagree, I come away admiring his unwillingness to placate dissenters by telling us words that we want to hear. What you see with Santorum, is what you get. He speaks from the head and heart.

>Here’s an example of what I am talking about. Tim Russert confronted Santorum with his near unanimous support of the Administration, an Administration that the world knows is in political free-fall. Santorum, having already indicated several areas of disagreement with the President, nevertheless did not back off and went so far as to say that he thought the President was doing a “terrific” job.

>Look, I continue to like George W. Bush, the man, far more than most. I think the president’s heart is in the right place even when his head isn’t. But “terrific” is not a word I would use to describe his effort, particularly if I were running for the U.S. Senate. But Rick Santorum gave what was for him an honest answer to a difficult question. He didn’t look at the president’s approval rating. He didn’t duck. He offered no sound byte. And I find his honesty refreshing amid all the BS and spin that comes out of D.C.

As Smerconish admits, the President is not doing a terrific job. But rather than draw the obvious conclusion that Santorum has been honest about holding views out of step with reality–and praising him for his honesty–Smerconish draws the absolutely wrong conclusion that this qualifies him to hold the office. Admitting your disqualifyingly erroneous views does not qualify you for the job for which you admit to being disqualified, simply because you admit them.

Il fascismo

Anyone who has ever been a lefty college freshman has probably uttered the word “fascist” more times than she can count. Everyone who insisted on any type of rule–like the Resident Assistant, the Floor Fascist–merited that appellation. But it turns out–as it has so often these days–that the college freshman has a better sense of “fascism” than does our current Secretary of Defense, Donald Rumsfeld. In a recent speech, he says:

> I recount this history because once again we face the same kind of challenges in efforts to confront the rising threat of a new type of fascism.

>Today, another enemy — a different kind of enemy — has also made clear its intentions — in places like New York, Washington, D.C., Bali, London, Madrid, and Moscow. But it is apparent that many have still not learned history’s lessons.

As il Duce instructed us, fascism is defined by its insistence on totalitarian State power. In order to be a fascist state, in other words, you have to be a *state.* So the terrorists–who don’t have a state, as Rumsfeld said elsewhere in the speech (read the whole thing, it’s a gem)–aren’t fascists. While the totalitarian Resident Assistant may not be a fascist, he is at least in the right category. It’s one thing in political speeches to use words for pure rhetorical effect, but it’s another to pick words that only highlight the impropriety all of your historical analogies.

The terrorists aren’t fascists and it’s not 1938.

The incoherence of the incoherence

The liberal media are at it again. Yesterday the New York Times published a hastily written and poorly reasoned op-ed from Ann Althouse, a blogger and law professor at the University of Wisconsin. For a substantial legal analysis of this piece, go see Glenn Greenwald. We’ll limit ourselves to a brief analysis of an otherwise embarrassingly incoherent piece.

Althouse writes:

>. . . [W]e ought to wonder why a court gets to decide what the law is and not the president. After all, the president has a sworn duty to uphold the Constitution; he has his advisers, and they’ve concluded that the program is legal. Why should the judicial view prevail over the president’s?

>This, of course, is the most basic question in constitutional law, the one addressed in Marbury v. Madison. The public may have become so used to the notion that a judge’s word is what counts that it forgets why this is true. The judges have this constitutional power only because they operate by a judicial method that restricts them to resolving concrete controversies and requires them to interpret the relevant constitutional and statutory texts and to reason within the tradition of the case law.

We’re not legal scholars, so it is doubly ironic that we find Professor Althouse’s argument ludicrous, for she has given the reader every argument *against* her position. It is, as any citizen ought to know, the job of the judiciary to interpret the law. And that is precisely what is at issue in this particular case. Judge Taylor–the one who decided *ACLU vs. NSA*–stands on solid constitutional ground. Althouse offers no argument that the law was not interepreted properly beyond the tired ad hominem cliche’ of “judicial activism”. (And in this case, as others have already noted, this cliche’ is irrelevant):

>But Judge Taylor breezed through two of the three elements of standing doctrine — this constitutional limit on her power — in what looks like a headlong rush through a whole series of difficult legal questions to get to an outcome *in her heart* she knew was right. [emphasis added]

The legal questions, as Althouse has pointed out, are blindingly simple. Now if somehow Taylor’s argument was inadequate vis a’ vis the government’s briefs in this case (see Greenwald again for this), then it is Althouse’s duty to show this. Simply screaming “judicial activism” won’t due.

Disappointing

It’s difficult to have a discussion when your interlocutor constantly questions your motives. Motive questioning and motive analysis constitute too much commentary these days. Even someone we enjoy reading, the Daily Howler, frequently goes for the motive. It’s disappointing in his case because he has the solid analysis; he just doesn’t need to hypothesize about motives.

The most debilitating and potentially poisonous kind of motive-questioning is racism. Call someone a racist and no matter what the argument, it doesn’t matter; racists can’t make sound arguments.

In this vein, noted playwright David Mamet suggests that criticisms of Israel amount to anti-semitism:

>That the Western press consistently characterizes the Israeli actions as immoral is anti-Semitism. What state does not have the right to defend itself–it is the central tenet of statehood.

Rush Limbaugh couldn’t agree more. For him Jews who question Israel’s actions are self-hating Jews. Richard Cohen of the Washington Post has also argued this.

But it’s not the company he keeps that makes Mamet’s claim specious. In the first place, it’s false. Worse than that, he doesn’t provide any evidence for it. Second, a case can be made that, regardless of the justice of the cause, the means Israel have chosen are immoral. Of the myriad choices for responding to the kidnapping of the two soldiers (click here for some context), was it right that Israel chose invasion and bombing?

The question for Mamet, and for all of the others who make the anti-semitism claim, is whether the means in this case are justified. It should be obvious to anyone–even though sadly it is not–that questioning the means the State of Israel has chosen in this particular case does not amount to unjustified and global hatred of Jews.

Dulce Bellum Inexpertis

V.D.Hanson, professor of ancient history and conservative pundit (and fellow of the conservative Hoover institute) ought to know what the title of this post means–more on that later. Considering our recent history in Iraq and Afghanistan and the amount of terrorism that has inspired (rather than deterred), we were mystified to see such belligerent opining:

What then would be the new Western approach to terrorism? Hard and quick retaliation–but without our past concern for nation-building, or offering a democratic alternative to theocracy and autocracy, or even worrying about whether other Muslims are unfairly lumped in with Islamists who operate freely in their midst.

This reminds me of something I urge upon my students. If the answer feels easy, gratifying, or is strangely in line with how you wanted it to come out, or how you have always thought, then there’s probably something wrong with it. In this case the obvious thing is that terrorism asks us to retaliate massively. Isn’t that just what terrorists–these in particular–want? Since war is politics by other, mostly violent, means, the terrorists means of violence are some of his own, and much of ours in response. That’s why they attack us. Our massive air attacks–however precise–fill their ranks faster than they could ever dream:

Any new policy of retaliation–in light of Sept. 11, 2001, and the messy efforts to birth democracies in Afghanistan, Iraq, Lebanon and the West Bank–would be something of an exasperated return to the old cruise-missile payback. Yet in the new world of Iranian nukes and Hezbollah missiles, the West would hit back with something far greater than a cruise missile.

They dream about ever more violent war with the US. And clueless hacks like Hanson would give it to them. The most surprising thing, however, is this:

If they are not careful, a Syria or Iran really will earn a conventional war–not more futile diplomacy or limited responses to terrorism. And history shows that massive attacks from the air are something that the West does well.

Massive assaults on Hezbollah from the air have not resolved the crisis as it stands. How would these assaults on other countries change attitudes towards Israel? How have the so far changed attitudes towards the US? Did massive air assaults bring about an end to terrorism in Afghanistan? In Iraq? To repeat the same belligerent opining that has achieved every aim the terrorists had boggles the mind.

It’s easy–pleasing as the Daily Howlermight say–to think these things about our the only weapons we seem to have in our arsenal. And, of course, (warning graphic images): Dulce bellum inexpertis.

Criticism

Richard Cohen of the *Washington Post* laments today of the deluge of emails he received regarding a recent op-ed of his wherein he criticized Stephen Colbert’s performance at the White House Correspondents’ dinner. Most of the emails, Cohen notes, vituperated. And on account of all of the criticism he received, he concludes that the “left” runs a serious risk of blowing their advantage.

That would be a fine argument if only it had premises. For immediately after claiming this, Cohen writes:

>Truth to tell, I peeked into only a few of the e-mails.

And so he completely undermines his own thesis. The rest of the column confuses the criticism of a few crazies with the very real and intellectually substantial opposition to the policies of the current administration, not to mention, by the way, the behavior of the media in accommodating the administration’s views and the arguments. Cohen ought to know that everyone who stands up in public and pronounces on sensitive topics (such as sports, food, movies or perhaps even religious or political views) invites criticism. Some of this criticism will be silly; it will attack the person rather than the argument. Such criticism, when not offered by a serious person or a political administration, should be ignored.

Despite not either facing the real criticism of his performance (*if* there was any) or properly framing the pointless *ad hominem* attacks, Cohen charges on and draws the following comparison:

>The hatred is back. I know it’s only words now appearing on my computer screen, but the words are so angry, so roiled with rage, that they are the functional equivalent of rocks once so furiously hurled during antiwar demonstrations. I can appreciate some of it. Institution after institution failed America — the presidency, Congress and the press. They all endorsed a war to rid Iraq of what it did not have. Now, though, that gullibility is being matched by war critics who are so hyped on their own sanctimony that they will obliterate distinctions, punishing their friends for apostasy and, by so doing, aiding their enemies. If that’s going to be the case, then Iraq is a war its critics will lose twice — once because they couldn’t stop it and once more at the polls.

Let’s get this straight. Cohen concludes that the gullibility of the people whose email he hasn’t read and whose arguments don’t amount to anything compares to the behavior of the institutions that have failed America. That’s just astounding.

If Cohen wants to argue that leftist vitriol is hurting America, then he should do two things: (a) examine the evidence of actual public and prevalent leftist arguments and (b) compare it in quality and in quantity to rightist vitriol. If he did this, no one would wonder why the crazy behavior of a few emailing lefties compares to that of the government and its supporters on the internet, radio and television.

Doing it to themselves

There is perhaps no better evidence of the internal conflict in George Will’s mind than his review of *United 93* in today’s Washington Post. On the one hand, we have the person who wrote “The Case for Bush” back in 2000:

>Going to see “United 93” is a civic duty because Samuel Johnson was right: People more often need to be reminded than informed. After an astonishing 56 months without a second terrorist attack, this nation perhaps has become dangerously immune to astonishment. The movie may quicken our appreciation of the measures and successes — many of which must remain secret — that have kept would-be killers at bay.

Though it is not stated, Will clearly implies that there is some kind of causal link between “56 months without second attack” and the actions and policies of our government. Unless he’s willing to put on his tin hat and claim that “black ops” have Tom Clancily thwarted attack after attack, he’s going to have to admit that all evidence points to the contrary. And as evidence of that, he might just look at the inept leadership on display just this week at the hyper-politicized CIA. If you think such government behavior has produced anything other than more terrorists (Iraq anyone?), then we have special rocks that protect you from Islamist terrorists.

And on the other hand, the second item contradicts the first–and not in a good way. It fits nicely with Will’s evangelical but ridiculously selective freemarketism:

>The hinge on which the movie turns are 13 words that a passenger speaks, without histrionics, as he and others prepare to rush the cockpit, shortly before the plane plunges into a Pennsylvania field. The words are: “No one is going to help us. We’ve got to do it ourselves.” Those words not only summarize this nation’s situation in today’s war but also express a citizen’s general responsibilities in a free society.

And we were just told to believe that someone’s double secret government operation–which we shouldn’t even dare to talk about let alone subject to investigations in Congress–has protected us. If that’s the case, why should we bother doing it for ourselves?

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.