Category Archives: Op-Eds and other opinions

General discussion, Hasty Generalization, Richard Cohen, Straw Man, Suppressed Evidence

White whine

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White men can't catch a break these days.  First, the white guy lost the Presidential election, now the winner gets to appoint someone to the Supreme Court.  Though Obama has so far said nothing, this hasn't stopped speculation of the weirdest variety:

 

That's a stock image of an average white guy in a tie (from istockphoto.com), not, as one might have imagined, some shunned potential Supreme Court nominee.  Now Richard Cohen–liberal columnist in the Washington Post–expresses his deep concern over the fate of white men under the impossible burden of affirmative action.  He writes:

As the time approaches for President Obama to choose a successor to Justice David Souter, the term "litmus test" will be heard throughout the land. The White House will deny applying any such thing, but the nominee will undoubtedly be chosen according to where she stands on abortion, unions and other issues beloved by liberals. This is fine with me, but what I want to know is where she stands on Frank Ricci. He's a firefighter.  

What follows is a detailed description of Ricci's case (recently argued before the Supreme Court)–how he's been discriminated against on account of his being white, and so forth.  That may be, and by Cohen's very sorry description of the case, it looks absurd.  But as a general rule absurd arguments do not make it all the way to the Supreme Court, so one might wonder.  But that's not the point anyway.  Cohen seems to take this particularly absurd case as representative for how affirmative action needs to end, since, of course, racism is over and so forth (because "For most Americans, race has become supremely irrelevant. Everyone knows this. Every poll shows this.").

It's worse than this, however, because affirmative action (as demonstrated by Cohen's extreme example) is profoundly unfair in principle (like trying to "square a circle."):

Liberalism, a movement in which I hold a conditional membership, would be wise to get wise to what has happened. Blatant affirmative action always entailed a disturbing and ex post facto changing of the rules — oops, you're white. Sorry, not what we wanted. As a consequence, it was not racists who were punished but all whites. There is no need to cling to such a remedy anymore. There is, though, every need to retain and strengthen anti-discrimination laws, especially in areas such as fire departments, where racial discrimination was once endemic. Sufficient progress has been made to revert to treating individuals as individuals. After all, it is not some amorphous entity called "whites" who will suffer: It is un-lieutenant Ricci.

Bill Clinton tried to square the circle of affirmative action in his "Mend It, Don't End It" speech of 1995. It was a moving and eloquent address in which he recounted his region's history, reminding us of the depth and ferocity of racism in the South and elsewhere. Trouble is, the New Haven case proves that affirmative action was not mended at all. It remains noble in its ends and atrocious in its means, and it now provides Obama the chance to use his own family's history — indeed his own history — to show why it ought to conclude.

Affirmative action was never meant to "punish" racists by excluding them from employment.  This underscores Cohen's failure to grasp both the concept of affirmative and the facts of the case he discusses (his only reference is an op-ed in the Wall Street Journal by two conservative think-tankers).  One can found more background on the relevant legal questions here.  Without the necessary and obvious context, Cohen's ranting sounds a bit like this.

Charles Krauthammer, False Dichotomy, Straw Man

Enhanced justification techniques

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Charles Krauthammer joins the torture discussion.  Torture is evil, he remarks, but then he poses two extensive exceptions.  The first is the "24" scenario:

Torture is an impermissible evil. Except under two circumstances. The first is the ticking time bomb. An innocent's life is at stake. The bad guy you have captured possesses information that could save this life. He refuses to divulge. In such a case, the choice is easy. Even John McCain, the most admirable and estimable torture opponent, says openly that in such circumstances, "You do what you have to do." And then take the responsibility. 

Let's call this the pornographic scenario, as it is, um, very very unlikely to work out so cinematically.  Besides, how do you know the terrorist–I mean the suicidal super criminal–will not have included the revealing of that information in the whole evil plot?  It writes itself, I mean, really: suicide terrorist plans to get tortured to reveal more false information in order to deflect from the real original plot which wasn't real because the second one was, but it wasn't that because he was a deep cover agent pretending to be tortured in order to uncover the real terrorist mole torturer, etc. 

The second justification relies on the first:

he second exception to the no-torture rule is the extraction of information from a high-value enemy in possession of high-value information likely to save lives. This case lacks the black-and-white clarity of the ticking time bomb scenario. We know less about the length of the fuse or the nature of the next attack. But we do know the danger is great. (One of the "torture memos" noted that the CIA had warned that terrorist "chatter" had reached pre-9/11 levels.) We know we must act but have no idea where or how — and we can't know that until we have information. Catch-22.

It's the same thing–only more of a miniseries than a movie.  Both of these justifications, if you can call them that, amount to claiming that torture is only wrong if you don't need to do it "to save lives."  But I think this mischaracterizes the objections to torture rather seriously in that it presumes the objection to torture is analogous to the pacifist objection to war.  He says as much:

Some people, however, believe you never torture. Ever. They are akin to conscientious objectors who will never fight in any war under any circumstances, and for whom we correctly show respect by exempting them from war duty. But we would never make one of them Centcom commander. Private principles are fine, but you don't entrust such a person with the military decisions upon which hinges the safety of the nation. It is similarly imprudent to have a person who would abjure torture in all circumstances making national security decisions upon which depends the protection of 300 million countrymen. 

Whether that is a straw man or a false dichotomy I do not know at the moment.  I'm inclined to say straw dichotomy, as he pretends the only opposition to his "real world" scenario is principled pacifism.  It isn't. Here however is the real silly part of this piece:

Under those circumstances, you do what you have to do. And that includes waterboarding. (To call some of the other "enhanced interrogation" techniques — face slap, sleep interruption, a caterpillar in a small space — torture is to empty the word of any meaning.)

"Sleep interruption" is a fancy word for "sleep deprivation."  Not to call these "torture," but rather some other well chosen bureaucratic euphemism, empties words of meaning.  Or maybe I'm wrong–it's just an "enhanced signification technique" and Krauthammer's arguments aren't silly and fallacious, they're "enhanced justification techniques" which you can only use when you need to make a fallacious argument whose principle aim is to justify the unjustifiable, in order, of course, to save lives.

UPDATE: for a more thorough take on this piece of enhanced logical technique, read the Post's own Dan Froomkin's point by point analysis.

George Will

Shut him down

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Once again someone needs to explain to Fred Hiatt, editorial page editor of the Washington Post, the importance of making "inferences."  Yesterday in an online chat session (courtesy of TPM) there was the following exchange between Hiatt and a reader:

Boston: This doesn't relate to Obama but would you care to address the whole George Will global warming column controversy? Is there any concern that lax standards for accuracy hurts the prestige of The Post opinion page more generally?

Fred Hiatt: Happy to, because we don't have lax standards for accuracy. He addressed the factual challenges to his column in detail in a later column. In general we do careful fact checking. What people have mostly objected to is not that his data are wrong but that he draws wrong inferences. I would think folks would be eager to engage in the debate, given how sure they are of their case, rather than trying to shut him down.

We have talked about this issue here and here and here and here and here and here and here and here and here).  Two quick things.  First, "inferences" in this case are part of the "facts."  As one arrives at all "facts" other than perhaps those immediately obvious to you, by "inferences."  Believe it or not, I make an "inference" regarding all facts about the past.  I ate breakfast this morning, I so conclude, on account of the fact that there is an empty bowl of cereal with spoon in it on my desk.  Ok that is an easy one, but you get the point.  It is a fact that I ate breakfast, but it is a fact I believe on account of the evidence for it.  So it's not so easy to separate "facts" from "inferences." 

Second, I would argue that the Post excludes people with "inferences" all of the time–and rightly so.  The Holocaust denier can claim merely to be making historical "inferences" between "facts".  Such inferences are preposterous, of course.  Drawing this distinction, in other words, is absurd.

Kathleen Parker

Tormenta corpori mentive inflicta

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This is perhaps an odd time for a former Bush appointee to take a moral stand.  But Bush's former ambassador to the Holy See–that's the Vatican, see–has declined an award (the Laetare medal) from Notre Dame on account of their offering Barack Hussein Obama, 44th President of the United States of America, an honorary degree.  In favor of this (to me childish) decision writes Kathleen Parker in the Washington Post:

Here on planet "What About Me," principled people are so rare as to be oddities. Thus, it was a head-swiveling moment Monday when Mary Ann Glendon, the former U.S. ambassador to the Vatican, quietly declined Notre Dame's Laetare Medal.

Glendon — a Harvard University law professor and a respected author on bioethics and human rights — rejected the honor in part because Barack Obama was invited to be commencement speaker and to receive an honorary degree.

In a letter to Notre Dame's president, the Rev. John I. Jenkins, Glendon wrote of her dismay that Obama was to receive the degree in disregard of the U.S. bishops' position that Catholic institutions "should not honor those who act in defiance of our fundamental moral principles."

She means "Catholic" principles.  Like these (in Latin because of the profound moral thinking of the Ambassador can only be transmitted in Latin):

Vehementer iam deflevit Concilium Vaticanum II, suo quodam in scripto tristius etiam nostra ad tempora pertinente, complura contra vitam humanam scelera et conata. Easdem sententias in Nostram nunc suscipientes partem, triginta post annis, simili vi rursus universae Ecclesiae nomine, una cum illo conciliari congressu ista lamentamur crimina, nihil profecto dubitantes quin omnis rectae conscientiae veros interpretemur sensus: “Quaecumque insuper ipsi vitae adversantur, ut cuiusvis generis homicidia, genocidia, abortus, euthanasia et ipsum voluntarium suicidium; quaecumque humanae personae integritatem violant, ut mutilationes, tormenta corpori mentive inflicta, conatus ipsos animos coërcendi; quaecumque humanam dignitatem offendunt, ut infrahumanae vivendi condiciones, arbitrariae incarcerationes, deportationes, servitus, prostitutio, mercatus mulierum et iuvenum; condiciones quoque laboris ignominiosae, quibus operarii ut mera quaestus instrumenta, non ut liberae et responsabiles personae tractantur: haec omnia et alia huiusmodi probra quidem sunt, ac dum civilizationem humanam inficiunt, magis eos inquinant qui sic se gerunt, quam eos qui iniuriam patiuntur et Creatoris honori maxime contradicunt” (Gaudium et Spes, 27).[Evangelium Vitae, 3]. [Translation of this passage here]

I would point out in any case that Barack Obama does not act "in defiance" of "our" fundamental moral principles in that he does not share them–he's not Catholic.  Besides, as the above cited passage demonstrates, standing against of the moral principles of Catholicism involves a lot more than not being "pro choice."  I can't say, whether the Ambassador herself has been selective, but I have to wonder:

 

Plain Bad Arguments, Richard Cohen

Bring me the soft pillows

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Richard Cohen, big liberal columnist for the Washington Post, makes the following (to my mind) completely misguided observation:

If the threat of torture works — if it has worked at least once — then it follows that torture itself would work. Some in the intelligence field, including a former CIA director, say it does, and I assume they say this on the basis of evidence. They can't all be fools or knaves. This is also the position of Dick Cheney, who can sometimes be both, but in this, at least, he has some support.

America should repudiate torture not because it is always ineffective — nothing is always anything — or because others loathe it but because it degrades us and runs counter to our national values. It is a statement of principle, somewhat similar to why we do not tap all phones or stop and frisk everyone under the age of 28. Those measures would certainly reduce crime, but they are abhorrent to us.

But it is important to understand that abolishing torture will not make us safer. Terrorists do not give a damn about our morality, our moral authority or what one columnist called "our moral compass." George Bush was certainly disliked in much of the world, but the Sept. 11 attacks were planned while Bill Clinton was in office, and he offended no one with the possible exception of the Christian right. Indeed, he went around the world apologizing for America's misdeeds — slavery, in particular. No terrorist turned back as a result.

To the first bolded statement, I would suggest that we are equivocating on "works."  Individual people may or may not provide information that is true under the threat of torture or under torture.  No one really denies that.  What they deny, rather, is that we can make use of the that information as a general intelligence strategy.  If we were ignorant enough to need to torture someone, then we can't really make much use or even verify the little bits of true information they may give us.

Second, as far as I know, our moral authority does not impress many.  But it is a minimal standard for maintaining the respect and esteem of our allies and friends, not to mention ourselves.  On the Clinton analogy, think of the reaction of the world to 9/11/01 and compare that to what it would have been on four years later.  

Equivocation, General discussion, Michael Gerson, Suppressed Evidence

Viginti quattuor

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Michael Gerson confuses sophistical pseudo-skeptical hand wringing with actual moral deliberation.    

The Justice Department memos raise a question: Can coercive interrogation ever be justified? Few Americans would object to the slapping of a terrorist during questioning, for example, if this yielded important intelligence. The coercion would be minimal; the goal of saving lives, overriding. Few Americans, on the other hand, would support pressuring a terrorist by torturing his child. Such a heinous act could not be justified in pursuit of an inherently uncertain outcome — securing information that may or may not prevent greater loss of life.

So the use of coercion in interrogations lies on a continuum of ethics and risk. Lines must somehow be drawn on the slippery slope — the difficult task that Justice Department lawyers were given. On which side of the line should waterboarding lie? It is the hardest case. The practice remains deeply troubling to me, and it was discontinued by the CIA in 2003 after being used on three terrorists. But some members of Congress, it is now apparent, knew of the technique and funded it. The decision was not easy or obvious for them. It was just as difficult for intelligence and Justice Department officials in the months of uncertainty following Sept. 11.

And, skipping a paragraph:

Some have dismissed this argument as "moral relativism" or the assertion that the ends justify the means. But this betrays a misunderstanding of ethics itself. The most difficult moral decisions in government are required when two moral goods come into conflict. Most of us believe in the dignity of the human person, a principle that covers even those who commit grave evils. Most of us believe in the responsibility of government to protect the innocent from death and harm. Government officials pursue both moral goods in a complicated world. In retrospect, they may sometimes get the balance wrong. But national security decisions are not made in retrospect.

I suspect that most Americans, in considering these matters, would come to certain conclusions: There should be a broad presumption against harsh interrogations by our government. An atmosphere of permission can result in discrediting crimes such as Abu Ghraib. But perhaps in the most extreme cases — when the threat of a terrorist attack is clear and serious — American officials may need to employ harsh questioning, while protecting terrorists from permanent injury. In broad outlines, this approach is consistent with the Justice Department memos.

Moral deliberation would seem at least to involve knowing what is minimally acceptable conduct.  Luckily, sometimes what is acceptable is just obvious, there is, for instance, no right time and right place and right woman and right way to commit adultery, so says the Stagirite at least (Nicomachean Ethics II.6, 1107a8-12).  On that analogy, water boarding, and various other techniques considered torture by the US military and the FBI (to name a few relevant organizations) is torture.  Redefining the words (now it's "harsh interrogation") and feigning skepticism (on which side should water torture, ahem, waterboarding lie?) about their meaning and application because of worries about a TV show scenario shocks the conscience.

Ad hominem circumstantial, David Broder, Ignoratio Elenchi

Boiling of the blood around the heart

There is a fairly simple argument for exploring the possibility of criminal trials against those who justified, ordered and performed torture: torture is illegal.  David Broder, however, seems very confused about the nature of legality.  He writes:

But now Obama is being lobbied by politicians and voters who want something more — the humiliation and/or punishment of those responsible for the policies of the past. They are looking for individual scalps — or, at least, careers and reputations.

Their argument is that without identifying and punishing the perpetrators, there can be no accountability — and therefore no deterrent lesson for future administrations. It is a plausible-sounding rationale, but it cloaks an unworthy desire for vengeance.

Holy crap is that silly.  Vengeance is irrelevant to whether or not someone has broken laws.  Let's say, for the sake of argument, people have broken the law.  The people who trusted them with their vote (and those who didn't vote for them, but implicitly "trusted" them anyway) have a right to be rather narked (I don't know how to spell that Britishism properly) about their violating that trust.  There being angry about it, however, is an independent, mostly irrelevant, fact about their character used ad hominemly to distract the reader from drawing the correct conclusion.

It's about as irrelevant as the following:

The memos on torture represented a deliberate, and internally well-debated, policy decision, made in the proper places — the White House, the intelligence agencies and the Justice Department — by the proper officials.

One administration later, a different group of individuals occupying the same offices has — thankfully — made the opposite decision. Do they now go back and investigate or indict their predecessors?

That way, inevitably, lies endless political warfare. It would set the precedent for turning all future policy disagreements into political or criminal vendettas. That way lies untold bitterness — and injustice.

The question is not whether the torture decision was a policy decision–we all know that it was–the question is whether that policy decision was legal.  Just because the right people sat in a room and debated it doesn't mean it's just politics.  It only makes the crime (should there be determined to be one) worse.    

Charles Krauthammer, General discussion, Logic, Plain Bad Arguments, Things that are false

Credibility Problem

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I should keep up on these things, but April 22nd was the sixth anniversary of the following remark by one of our favorite commentators, Charles Krauthammer:

Hans Blix had five months to find weapons. He found nothing. We’ve had five weeks. Come back to me in five months. If we haven’t found any, we will have a credibility problem.

That was 2003 (Thanks Crooked Timber).  At that same event, Krauthammer also said:

I want to talk about the meaning not just of the war in Iraq, but of the war on terrorism. There was a book written about 40 years ago by a man called Joseph Jones, who was in the State Department in 1947. He wrote a book called "15 Weeks." It was the 15 weeks between the day on which the cable arrived from London saying that the British had given up on Turkey and Greece and were pulling out and the announcement that the Harvard commencement by George Marshall of the Marshall Plan.

Those 15 weeks, in 1947, redefined the world, redefined American foreign policy, began the policy of containment, and stand as one of the great sort of intellectual revolutions in modern diplomacy.

I would argue that we have now lived through the 19 months, which stand on an equal plain in their audacity, success and revolutionary nature. The 19 months, of course, are from September 11th, 2001, to April 9th, 2003, a period which, in responding to an attack out of the blue, this administration has redefined the world, reoriented American foreign policy, and put in place a profound new approach which I think will stand with the 15 weeks in history as one of the more remarkable achievements, both intellectually, militarily and diplomatically, and done by a foreign policy team, national security team, which I believe is the most successful and the most impressive since the Truman-Atchison-Marshall team and the others of the late 1940s.

The war in Iraq is simply a battle in this larger campaign and then this larger conceptual structural, and it was characterized by the immediate understanding by the administration in 2001, after 9/11, that the successor to the great ideological wars of the 20th century had presented itself to us, that just as communism was the successor to fascism, in terms of the Cold War being a successor to the second World War, the war on terrorism was now the successor to those great ideological struggles that the 10-year period of the hiatus, the dream sleep that we had in the 1990s had evaporated, and we were in a new world.

And it correctly understood that the struggle was against terrorism in the context of weapons of mass destruction, that the war on terrorism had been entirely misconceived as a war on individuals, a war involving law enforcement, that it was seen as a matter of policing, and trials.

What was understood was the war on terrorism is a real war, and the war had to be taken to the enemy, and it was a war that involved states, that terrorism can only live among states, can only be supported by states and that the distinction had to be made between states which were supporting terrorism, which would inherently be our enemies and states which were not. The war in Afghanistan followed. The war in Iraq has followed.

It's new to me that wars have "successors" in anything but an accidental historical sense (one event or period following another).  Here's the more basic point.  We can all be wrong about predictions.  I've been wrong on occasion–this is going to be the best taco ever! (I've learned to withhold judgment on taquerias).  But Krauthammer is still employed by the Post.  If there going to continue to employ him–seems they will as pundit tenure is better than actual academic tenure–perhaps they (he if he were honest) ought to remind readers of his record as a prognosticator.  

UPDATE:

Again via Crooked Timber, here is a very worthwhile site: http://wrongtomorrow.com/

Academics, Religion

Passive objectors

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Vermont's legislature–a kind of democratic body–has passed a law legalizing gay marriage.  Good for them I say.  Here is the puzzling reaction of Mathew D. Staver, the Dean of the Liberty University School of Law:

“It is a sad day in America when elected officials are clueless about the definition of marriage. If they cannot understand this basic human relationship between a man and a woman, then they are not competent for public office. Marriage laws regulate a social institution upon which society has been built and the future of society rests. By redefining marriage, the Vermont legislature removed the cornerstone of society and the foundation of government. “The consequences will rest on their shoulders and upon those passive objectors who know what to do but who lack the political courage to do what is right for the common good of the people.”

I thought the foundation of government was the consent of the people, but I've been wrong before.  I wonder then if Staver means to suggest that Vermont no longer has a legitimate government.