Category Archives: Op-Eds and other opinions

Letters to the editor

A post or two ago I made the claim that columnists and arguers in general ought to have some lattitude in defining their opponent's argument(s).  One only has 750 or so words, so one can't possibly be expected to provide thorough references.  

The breadth of this lattitude, however, ought to be determined by reality.  This means one ought to use the means available to pin the argument to an actual person or institution whose view is under discussion.  In the days of linkage, this is not very hard: online versions of columns can and often do have links.  When you say something about some person x's view, you can write it as a link ot the place where that person says what you say she says.  Once we have these, then we can discuss the degree to which they are representative of the opposition's case.   

The weird thing about this is that you'd also think in the days of linkage the readers' demands for such precision would increase, not decrease.  I don't have empirical data on this, but I think it's decreased.

Fortunately, an alert reader of the Post noticed just this about Charles Krauthammer's most recent hollow and weak men:

In his Aug. 27 column, Charles Krauthammer offered negative generalizations and accusations about "liberals" — referring to their "promiscuous charges of bigotry" and saying that they give "no credit to the seriousness and substance of the contrary argument" and resort "reflexively to the cheapest race baiting," without citing as an example one statement from any so-called liberal person or organization. Surely with liberals running amok and using such baseless and terrible rhetoric, he could have cited a few examples to better make his case.

He stated also that liberals have lost the debate on every issue he cited in the court of public opinion by often lopsided margins, without citing any polling data. My reading of the polls on the issues he listed is that public opinion is much more nuanced than he acknowledged.

By his polemical, over-the-top attack on liberals in general, Mr. Krauthammer practiced what he condemned — giving no credit to the seriousness and substance of the contrary argument.

Hurray for this reader.  The reader makes another very important observation at the end.  Columnists–right wing ones especially–work dialectically.  They're allegedly trying to convince the unconvinced.  But then again, maybe they're not and maybe that's the entire problem. 

He’s a decent family man and citizen*

Shorter Charles Krauthammer: only liberals are bigotted enough to use ad hominem arguments. 

Todays' piece is a gold mine of fallacious reasoning.  One hardly knows where to begin (or where to end).  Now hold on objector, I'm going to prove that charge, just give me a minute.  The article begins by, on a very charitable interpretation, weak-manning the "liberal" position:

— Resistance to the vast expansion of government power, intrusiveness and debt, as represented by the Tea Party movement? Why, racist resentment toward a black president.

— Disgust and alarm with the federal government's unwillingness to curb illegal immigration, as crystallized in the Arizona law? Nativism.

— Opposition to the most radical redefinition of marriage in human history, as expressed in Proposition 8 in California? Homophobia.

— Opposition to a 15-story Islamic center and mosque near Ground Zero? Islamophobia.

A sort-of caveat.  Columnists (given the absurd and arbitrary limitations on space which is as much their fault as anyone else's) have broad latitude to characterize their opponents' arguments in general terms.  But one can do this–I think at least–without sacrificing clarity, precision, and honesty.  (This one fails on all of those grounds). 

The weak man has it that in some forms someone in the opposition holds the view as described.  And indeed I bet I can find lots of people who fit the caricature Krauthammer draws.  Funny thing, however, without disgracing himself and engaging in obvious nutpicking, Krauthammer can't.  He doesn't name a single person or reference a single argument made by an actual person.  Moreover, the only things he attributes to a person are without meaningful context.

On all of the topics listed above, serious arguments have been made.  Just to take one for example because it's all anyone talks about anymore: Richard Cohen, Krauthammer's Post colleague (and frequent object of criticism here) had a piece up earlier this week about the Park51 Islamic Community Center project (which, by the way, IS NOT A MOSQUE NEAR GROUND ZERO).  Now he points out, correctly I think, that no small measure of opposition to the project is driven by old-fashioned bigotry against Islam.  Hell, a too-large percentage of Americans don't think a Muslim ought to be legally allowed to be President (and a number of Americans think the current President is a Muslim). 

But he also mounts an argument against the clearly non-bigotted:

This is not a complicated matter. If you believe that an entire religion of upward of a billion followers attacked the United States on Sept. 11, 2001, then it is understandable that locating a mosque near the fallen World Trade Center might be upsetting. But the facts are otherwise. Islam was not in on the attack — just a sliver of believers. That being the case, those people with legitimate hurt feelings are mistaken. They need our understanding, not our indulgence.     

I think Cohen happens to be right.  But you'll at least have to admit that he doesn't resort to the bigotry charge.  Then again, maybe Krauthammer doesn't consider him part of the intelligentsia. 

Whatever the merits of Cohens argument, however, we have at least one easily found example of someone making a freedom of religion case for not disallowing the Park 51 project.  Sure it accuses people of ignorance.  But hey, that's what happens when you're wrong.   

*On the title: cf. John McCain's response to the 2008 accusation that Obama was an "Arab."

 

Stop calling us stupid bigots, you arrogant leftist elitists!

Ah, nothing warms my heart like someone pointing out fallacies.  But pointing out ad hominem abusive is, really, just a little too easy.  And people, especially because they often take criticism of their views to also be criticism of them personally, over-report instances of this fallacy.  (Easy way to see this: imagine someone's just told you, in the midst of an argument, "think about it" — what's the implication but that you've not thought about it yet?)

The Professional Right has been put off by how often what they've seen as the ad hominem abusive gets used against them.  Ann Coulter, if you'll remember, had a whole book cataloging all the names conservatives have been called.  Carol Platt Liebau (over at TownHall.com) has weighed in on the issue, and she's against being called a stupid bigot.  And so with the (ahem) Ground Zero Mosque debate:

The recent debate about an imam’s plans to locate a large mosque at Ground Zero has highlighted, as never before, the liberal elite’s utter contempt for the sensibilities of regular Americans. From the President on down, those in favor of the mosque’s construction at Ground Zero have characterized the opponents as ruled only by emotion – especially animus toward all Muslims.

And on the recent California gay marriage case:

Recently, an unelected federal judge struck down a state constitutional amendment passed by a solid majority of Californians – and supported by a majority of Americans generally – that defined marriage as exclusively between one man and one woman. He did so by concluding that there was no rational basis for the measure he had overturned; its only conceivable purpose, according to the judge, was to “enshrine in the California Constitution” an assertion that “opposite-sex couples are superior to same-sex couples.” In other words, Judge Vaughn Walker characterized every single American who has reservations about changing the age-old institution of marriage as irrational bigots.

She sees these liberal types as taking the argumentative situation as one with utter dopes and fools:

Given that the President, Vaughn Walker, and much of the commentariat in favor of the Ground Zero mosque are part of the supposed intellectual and cultural “elite” in this country, the arrogance – and paucity of their moral imagination – is breathtaking. In their formulation, stupidity, ignorance and bigotry are the only conceivable reasons for opposition to anything they deem moral or just.

I am very much sympathetic to Liebau's point — it's best to have as one's defaults that one's argumentative opponents are reasonable, moral humans.  That not only prevents escalation, but it also will likely make it so that both sides will actually work together on finding an acceptable solution to the disagreement.  (I've actually got some research with Robert Talisse  in the works on what we call the "no reasonable alternatives" mindset that all too often takes over when one enters into clear argumentative contexts — more later on that.)  One of the ways to keep from feeding argumentative escalation is to keep the ad hominem temptation down — just because they're wrong about some matter of moral significance needn't mean that they are benighted, stupid, or evil.  It just means they're wrong.  And so now Liebau is going to show us how to do disagreement respectfully? Right? …  Right?

Their intellectual and personal disrespect for those who disagree with them is breathtaking – and it is unleavened by even the slightest dash of humility. . . . The irony, of course, is that in its eagerness to denounce the intolerance and shortsightedness of the masses, the liberal elite reveals itself to be shortsighted and intolerant. . . .  Increasingly, that kind of contempt emanates from those who consider themselves the meritocracy’s crowning glory.  To put it in terms they can understand, it’s hypocritical to claim solidarity with “the common man” while despising everything he holds dear.

Oh well.  Glad to see that someone's good at least good at recognizing abusive language in others.  It's a start.  Of sorts.

Liberal Intelligentsia

You have to hand it to Charles Krauthammer, at least he makes an effort to mount an argument.  Sadly, however, his effort too often confuses fallacious forms of argument with valid ones.  Today's topic: the "Ground Zero" "Mosque."  I put "Mosque" and "Ground Zero" in quotes because IT"S NOT A "MOSQUE."  People should not call it that.  And it's not AT "ground zero," so people should stop saying that also.  He at least gets this part half correct.  The rest is all hollow-manning, weak-manning, straw-manning, and ad-homineming: he begins:

It's hard to be an Obama sycophant these days. Your hero delivers a Ramadan speech roundly supporting the building of a mosque and Islamic center near Ground Zero in New York. Your heart swells and you're moved to declare this President Obama's finest hour, his act of greatest courage.

It is inexcusable nowadays in the world of links not to put a bunch of links to quote-worthy people who hold that view of Obama.  No such luck, as this is just the set up.  But that tone of moral and logical condescension (sycophant? please) is pure Krauthammer–he's going to show you whose belief is foolish now.  Continuing directly:

Alas, the next day, at a remove of 800 miles, Obama explains that he was only talking about the legality of the thing and not the wisdom — upon which he does not make, and will not make, any judgment.

You're left looking like a fool because now Obama has said exactly nothing: No one disputes the right to build; the whole debate is about the propriety, the decency of doing so.

It takes no courage whatsoever to bask in the applause of a Muslim audience as you promise to stand stoutly for their right to build a mosque, giving the unmistakable impression that you endorse the idea. What takes courage is to then respectfully ask that audience to reflect upon the wisdom of the project and to consider whether the imam's alleged goal of interfaith understanding might not be better achieved by accepting the New York governor's offer to help find another site.

What's hilarious is that Krauthammer's evidence of no one disputing the right to build is another Krauthammer piece.  I will at least have the decency to send you to someone else–and you can follow their links.  What Krauthammer says is false.  Ok, a quote:

Limbaugh: "[T]he Constitution does not guarantee you can put your church anywhere you want it." On his nationally syndicated radio show, Rush Limbaugh stated: "If you're going to bring the First Amendment into it, that's where your argument's going to fall apart. There are 23 mosques in New York. The government — the Constitution does not guarantee you can put your church anywhere you want it. It just says you cannot be denied the practice of worship."

Regretably, That guy is a leading conservative figure.  But you can see that he disputes the legal right to build.  Moving on:

Where the president flagged, however, the liberal intelligentsia stepped in with gusto, penning dozens of pro-mosque articles characterized by a frenzied unanimity, little resort to argument and a singular difficulty dealing with analogies.

Read closely, "dozens" of articles were written, but there was "little resort to argument" and a "singular difficulty with analogies."  And he comes up with two examples: Richard Cohen and Michael Kinsley.  God help us.

The Atlantic's Michael Kinsley was typical in arguing that the only possible grounds for opposing the Ground Zero mosque are bigotry or demagoguery. Well then, what about Pope John Paul II's ordering the closing of the Carmelite convent just outside Auschwitz? (Surely there can be no one more innocent of that crime than those devout nuns.) How does Kinsley explain this remarkable demonstration of sensitivity, this order to pray — but not there? He doesn't even feign analysis. He simply asserts that the decision is something "I confess that I never did understand."

That's his Q.E.D.? Is he stumped or is he inviting us to choose between his moral authority and that of one of the towering moral figures of the 20th century?

At least Richard Cohen of The Post tries to grapple with the issue of sanctity and sensitivity. The results, however, are not pretty. He concedes that putting up a Japanese cultural center at Pearl Harbor would be offensive but then dismisses the analogy to Ground Zero because 9/11 was merely "a rogue act, committed by 20 or so crazed samurai."

Any reference to Richard Cohen is by definition weak-manning.  But Kinsley's argument–which you can read at the link if you click it–is rather stronger than Krauthammer suggests.  In fact, he addresses precisely the point about analogies Krauthammer mentions (in addition to naming Krauthammer specifically).  Kinsley writes:

Opponents of the mosque have their own analogies. What about a theme park near the Civil War battlefield at Manassas? What about a Japanese cultural center at Pearl Harbor? What about a convent full of nuns praying at Auschwitz (a project Pope John Paul II shut down). I confess that I never did understand what was wrong with nuns devoting their lives to praying at the site of a Nazi death camp. As for the other what-abouts: the difference is that our constitution does not guarantee freedom of theme parks, or freedom of national (as opposed to religious) cultural centers. It guarantees freedom of religion, which (to make the banal but necessary point) is one of the major disagreements we have with Osama bin Laden.

I think Kinsley's point is that the nun analogy is not obviously decisive.  I think he's correct about this, as the nuns had occupied a building actually used in the Auschwitz complex (where the Nazis stored Zyklon-B), and their sole purpose was to pray for the dead at Auschwitz.  They didn't occupy a building in the nearby town that had nothing to do with the Holocaust (like a Burlington Coat Factory, for instance, or a strip club).  Agree or not, it's obvious Kinsley doesn't see the aptness of the analogy.  You can't challenge him by insisting that it's super apt.  That just begs the question.  And he's certainly not obliged to question the towering Moral authority of the Pope (which Krauthammer–in his drumbeat for war war war—did more than he).  And besides, I think the Pope's decision was a pragmatic one–he was avoiding a fight.  Finally, the organized structure of the Catholic Church is not analogous to anything in Islam. 

Anyway, Krauthammer has not only not discussed the dozens of other possible arguments (are we supposed to take his word for it that they're bad?) for the Cordoba Initiative, he has also missed the point of at least one of the articles that he does discuss.  If you're going to weak man, at least do it right. 

Unnecessarily fallacious

Whether a non-deductive argument is strong, weak, or fallacious oftentimes if not always depends heavily on who the arguer is, what the context of the argument is, what the state of play of the debate is, and so forth.  All of these factors render the identification of good and bad reasoning an at times frustrating enterprise.  One common cause of debatable fallacy accusation is a failure to take seriously the careful identification of the arguer, context, and state of play.

Here's an example of an unnecessarily weak argument from Anne Applebaum:

Only two presidents in recent memory have not had vacation homes of their own: Bill Clinton and Barack Obama. Not coincidentally, it is their vacation choices that have been most heavily criticized. When he was down in Crawford, George W. Bush surrounded himself with like-minded friends and admirers. Away from the cameras, he had a break from constant public surveillance and the Washington rat race. But when Clinton went to Martha's Vineyard to surround himself with likeminded friends and admirers (and to enjoy a break from constant public surveillance and the Washington rat race), he was damned as an elitist. So was Obama, who went there last summer for exactly the same reasons.

Why, exactly, is borrowing or renting someone's house more elitist than owning one? Why is Martha's Vineyard snobbier than Kennebunkport, Hyannis Port or even a private Texas ranch? I don't know, but that's what everyone said, and thus were the Clintons forced to take a pretend "vacation" in Jackson Hole, Wyo. During this "vacation," they had to provide photo opportunities to the press to prove that they really were normal Americans — which, of course, they were not. Once elected, no president is ever a normal American again.

The same fate has now befallen Obama, whose lack of a permanent country residence has also made him inexplicably appear more elitist. Having done the Martha's Vineyard thing last year, and been duly criticized, he has made up for it with visits to Maine, Yellowstone, the Grand Canyon and North Carolina, all places where "average" Americans like to go.  

Anyone can tell that Applebaum is in the critical mode here, she's evaluating someone else's reasons.  The question, of course, is: Who argues this?  She doesn't say who exactly (save for "the American people"). 

Applebaum is engaging in the completely useless but time-honored practice of weak-kneed newspaper pundits by not naming the object of her criticism.  This leaves it to the reader to fill in for herself.  I remember Cokie Roberts inexplicably arguing that Obama ought not to vacation in Hawaii, as it is  "exotic."   But in fact, if you check your map, it is a state in the United States, and, by coincidence, it is also the place where Obama was born (sorry birthers).  Now her point, however absolutely outrageously and unforgiveably dumb, is that Hawaii is "unAmerican" and "exotic" so Obama shouldn't go there, it only highlights the oddity of his name and er, ethnicity.  So she's not talking about Roberts–though she ought to be.  

I can't think of anyone in particular (in part because I just got back from vacation–three days and renting–myself).  So Applebaum would do be a great favor is she just said who thinks such stuff.

But maybe this is Applebaum doesn't in fact know, and this is her general sense of the buzz about Obama's (and Clinton's) vacations.  So her crticism is a composite sketch of several distinct possible suspects.  If so, I find this particularly unhelpful.  There are real people making specifically dumb arguments and raising ridiculous questions about Obama's vacation.  We can all learn from their dumbness.  Turning an opportunity for dumbness identification into an occasion for hollow-manning is a waste.

When criticism is not specific, like punishment, it's useless.  It always leaves open the door for the person with the weak argument to escape. 

Two Americas

Of the arguments against allowing muslims to build an Islamic community center (not a mosque for Pete's sake) in lower Manhattan (not at ground zero), Ross Douthat's has to be the silliest. 

As is often the case, it starts out sensible:

There’s an America where it doesn’t matter what language you speak, what god you worship, or how deep your New World roots run. An America where allegiance to the Constitution trumps ethnic differences, language barriers and religious divides. An America where the newest arrival to our shores is no less American than the ever-so-great granddaughter of the Pilgrims.

Hurray for that America I say.  But there's another America:

But there’s another America as well, one that understands itself as a distinctive culture, rather than just a set of political propositions. This America speaks English, not Spanish or Chinese or Arabic. It looks back to a particular religious heritage: Protestantism originally, and then a Judeo-Christian consensus that accommodated Jews and Catholics as well. It draws its social norms from the mores of the Anglo-Saxon diaspora — and it expects new arrivals to assimilate themselves to these norms, and quickly.

Not so good.  I don't like that America so much.  What will Douthat say?

These two understandings of America, one constitutional and one cultural, have been in tension throughout our history. And they’re in tension again this summer, in the controversy over the Islamic mosque and cultural center scheduled to go up two blocks from ground zero.

I'll even grant the dichotomy–for the sake of characterizing the general dialectical terrain–even though it's egregiously wrong (not "false" however in the fallacious sense).

The first America, not surprisingly, views the project as the consummate expression of our nation’s high ideals. “This is America,” President Obama intoned last week, “and our commitment to religious freedom must be unshakeable.” The construction of the mosque, Mayor Michael Bloomberg told New Yorkers, is as important a test of the principle of religious freedom “as we may see in our lifetimes.”

The second America begs to differ. It sees the project as an affront to the memory of 9/11, and a sign of disrespect for the values of a country where Islam has only recently become part of the public consciousness. And beneath these concerns lurks the darker suspicion that Islam in any form may be incompatible with the American way of life.

This is typical of how these debates usually play out. The first America tends to make the finer-sounding speeches, and the second America often strikes cruder, more xenophobic notes. The first America welcomed the poor, the tired, the huddled masses; the second America demanded that they change their names and drop their native languages, and often threw up hurdles to stop them coming altogether. The first America celebrated religious liberty; the second America persecuted Mormons and discriminated against Catholics.

But both understandings of this country have real wisdom to offer, and both have been necessary to the American experiment’s success. During the great waves of 19th-century immigration, the insistence that new arrivals adapt to Anglo-Saxon culture — and the threat of discrimination if they didn’t — was crucial to their swift assimilation. The post-1920s immigration restrictions were draconian in many ways, but they created time for persistent ethnic divisions to melt into a general unhyphenated Americanism.  

It seems there are three Americas then.  The third is the result of the historical-dialectical play between the first two.  But that's not really the point (and Douthat doesn't seem aware of this).  His point is that hegemonic cultural and religous bigotry is morally justified because it forces people to assimilate culturally and religiously.  This way, I think, they don't become victims of racism and bigotry–that would be unamerican.       

Now, that’s a strawman!

Jonah Goldberg has a piece defending Lindsey Graham's recent proposal for a Constitutional Amendment (one that would revise the 14th Amendment's citizenship clause so that children born of illegal aliens are not citizens).  More importantly, Goldberg is out to defend our responsibility to revise and interpret the Constitution as the cases demand.  Now, this should come as a surprise to all the conservatives who take themselves to be strict "Constitutionists" — this sounds all too much like the old 'living document' take on the Constitution conservatives hate so much.  Goldberg anticipates this:

...this "living document" argument is a straw man. Of course justices must read the document in the context of an ever-changing world. What else could they do? Ask plaintiffs to wear period garb, talk in 18th-century lingo and only bring cases involving paper money and runaway slaves?

Goldberg's a little confused about straw men, as straw-manning depends on how you portray your opposition, not how obvious your views are.  But his point is reasonable enough — if the options are, on the one hand, seeing the world and the Constitution's relevance through the lenses of 18th Century Yankees and, on the other hand, looking at the world with the judgment of 21st Century Yankees, we should take the 21st Century perspective… given that we're out to deal with 21st Century problems.  So Jonah Goldberg has made a nice point and also has highlighted a straw man argument.  Oh, but then he steps right back into the straw man mode, himself:

When discussing the Constitution on college campuses, students and even professors will object that without a "living constitution," blacks would still be slaves and women wouldn't be allowed to vote. Nonsense. Those indispensable changes to the Constitution came not from judges reading new rights into the document but from Americans lawfully amending it.

Even professors?  Really?  Even professors?  Goldberg owes us at least one name for this charge.  But he provides no documentation, no names, no nothing, just vague allegations of intellectual incompetence.  Nobody said that living document interpretation of the Constitution was the solution to those things — we had Constitutional Amendments to solve those problems.  Only utter morons would say those were cases of living document work.  But how about, say, Brown v. Board, or pretty much every privacy rights case?  Or, maybe Gregg v. Georgia, with the notion of an evolving standards of decency in punishment?  Those are all cases of reading the document of the Constitution in a way that keeps its core commitments but also extends them to the cases that the framers did not anticipate.  Ignoring these cases (and actual discussions of them on academic campuses) not only distorts what the "living document" interpretation is, but it makes it impossible to make sense of what Goldberg's own views on the Constitution are.  For someone out to prevent straw manning about Constitutional interpretation, Jonah Goldberg is an expert at constructing and knocking the stuffing out of them.

Because it has a dormitive power

Throughout the internets there has been headsratching and headshaking over this op-ed by NYT's David Brooks-in-training, Ross Douthat

He begins by admitting that the arguments of gay marriage opponents have so far failed:

Here are some commonplace arguments against gay marriage: Marriage is an ancient institution that has always been defined as the union of one man and one woman, and we meddle with that definition at our peril. Lifelong heterosexual monogamy is natural; gay relationships are not. The nuclear family is the universal, time-tested path to forming families and raising children.

These have been losing arguments for decades now, as the cause of gay marriage has moved from an eccentric- seeming notion to an idea that roughly half the country supports. And they were losing arguments again last week, when California’s Judge Vaughn Walker ruled that laws defining marriage as a heterosexual union are unconstitutional, irrational and unjust.

These arguments have lost because they’re wrong. What we think of as “traditional marriage” is not universal. The default family arrangement in many cultures, modern as well as ancient, has been polygamy, not monogamy. The default mode of child-rearing is often communal, rather than two parents nurturing their biological children.

Nor is lifelong heterosexual monogamy obviously natural in the way that most Americans understand the term. If “natural” is defined to mean “congruent with our biological instincts,” it’s arguably one of the more unnatural arrangements imaginable. In crudely Darwinian terms, it cuts against both the male impulse toward promiscuity and the female interest in mating with the highest-status male available. Hence the historic prevalence of polygamy. And hence many societies’ tolerance for more flexible alternatives, from concubinage and prostitution to temporary arrangements like the “traveler’s marriages” sanctioned in some parts of the Islamic world.

Good for him, those arguments are bad.  Not to be outdone by them, however, he's going to offer one of his own, which, as you'll see, is worse than the ones he's just rejected, because, well, it's the same!  Continuing directly:

So what are gay marriage’s opponents really defending, if not some universal, biologically inevitable institution? It’s a particular vision of marriage, rooted in a particular tradition, that establishes a particular sexual ideal.

This ideal holds up the commitment to lifelong fidelity and support by two sexually different human beings — a commitment that involves the mutual surrender, arguably, of their reproductive self-interest — as a uniquely admirable kind of relationship. It holds up the domestic life that can be created only by such unions, in which children grow up in intimate contact with both of their biological parents, as a uniquely admirable approach to child-rearing. And recognizing the difficulty of achieving these goals, it surrounds wedlock with a distinctive set of rituals, sanctions and taboos.

Get that–marrigage is uniquely admirable because it's distinctive, particular, difficult, and uniquely admirable.  But this is really just the tradition argument again–straight non-divorcing marriage is admirable because that's what we admire it, it's our ideal of something admirable.  Nothing else is unique like it (although one would have to admit that gay marriages are pretty darn unique). 

The question begged here, of course, what makes it admirable in the first place.  This is especially interesting because he's just knocked down all of the reasons for thinking it's admirable.  Being unique, or difficult, of course, are not reasons for admiring something.  Nor is something being admirable a reason for admiring it.

Skipping a few bewildering paragraphs, he warns us about what is to come if we fail to beg the question with him:

If this newer order completely vanquishes the older marital ideal, then gay marriage will become not only acceptable but morally necessary. The lifelong commitment of a gay couple is more impressive than the serial monogamy of straights. And a culture in which weddings are optional celebrations of romantic love, only tangentially connected to procreation, has no business discriminating against the love of homosexuals.

But if we just accept this shift, we’re giving up on one of the great ideas of Western civilization: the celebration of lifelong heterosexual monogamy as a unique and indispensable estate. That ideal is still worth honoring, and still worth striving to preserve. And preserving it ultimately requires some public acknowledgment that heterosexual unions and gay relationships are different: similar in emotional commitment, but distinct both in their challenges and their potential fruit.

But based on Judge Walker’s logic — which suggests that any such distinction is bigoted and un-American — I don’t think a society that declares gay marriage to be a fundamental right will be capable of even entertaining this idea.

Allowing homosexuals to get married will only bolster the case that they're more awesome at marriage than straights are.  Once people begin to realize that, then gay marriage will be a moral necessity–even for straight people.  At least that's what I think he's saying, because I fail to see the context of "morally necessary." 

More absurd, however, is the idea that marriage's being (as Douthat conceives it) a great idea of Western Civilization justifies discrmination against gay marriage.  Well, in the first place, it's not really an idea of Western Civilization (traditional Western-Civ marriage isn't anything like this alleged ideal).  Second, he's just told us that argument sucks (and it does). 

Third, and most importantly, legally recognizing homosexual marriage doesn't mean straight marriage is not a great idea, even if it were.

Picking the Low Fruit

While feeling guilty about supplanting Scott's great post on Subjunctive Tu Quoques, (which you should read first–and while I'm at it, how did I not know about this? All that time studying particles in Greek! Here's the full link. Bravo.) I thought I might pick some low hanging fruit.

An absolute treasure trove of logical fallacies can be found through the various smear-campaigns of Center for Consumer Freedom. In case you haven't come across these folks before, NYT had a short piece a few months ago describing CCF's campaigns on behalf of various corporate interests against not for profit advocacy groups like Mothers Against Drunk Driving and the Humane Society of the United States. I'm sure Christopher Buckley didn't have these guys in mind when he wrote Thank you for Smoking but the comedy at times is equally broad.

Anyway, HSUS is squarely within their sights and sites these days as are any attempts to regulate "humane" conditions for livestock. Enter David Martosko, the mind behind Humanewatch.org, in the Sacramento Bee:

What's really at stake here is that word: "humane." HSUS seems to want a monopoly on it, even though other animal welfare-oriented groups – and plenty of scientists – disagree with its agenda. And that agenda is where the rubber meets the road: HSUS is run by vegans who don't believe anyone should eat eggs, regardless of how or where they were produced.

Most recently, HSUS has opposed attempts by California lawmakers to specifically define the standards mandated by Proposition 2. The very vague language that California voters approved in 2008 gives HSUS's enormous legal team enough wiggle room to hassle farmers who don't see things HSUS's way.

Of course, enriched chicken cages could be furnished with couches, Jacuzzis, treadmills and iPads, and activists who believe in "rights" for birds would still complain about them. HSUS is among them. And its vision of what's "humane" is outside the mainstream.

Since HSUS's view is that a vegan diet is the only "humane" way to eat, this whole "cage-free" egg campaign is a sideshow. It's a temporary step toward the group's larger goal.

Much of the argument against HSUS you find here and elsewhere has to do with what they "really want." Here it includes a "monopoly" on the word "humane" (whatever that means) and forcing everyone to eat tofu-scramble rather than scrambled eggs. Often evidence is trotted out in support of this agenda comprised of quotations from employees and fellow-travelers of HSUS, not occasionally, taken baldly out of context.

Nevertheless, there's an interesting argument from true intention here that is sort of like a circumstantial ad hominem  but seems interestingly different. It looks like the structure is something along the lines of:

1. P supports policy x (cage free housing).

2. P's real intention is to adopt radical end y (veganism).

3. Therefore, we should resist policy x (cage free housing).

It's not a simple ad hominem in this form since it doesn't deny the truth of a claim, though it could be formulated as a circumstantial ad hominem. What seems to be added is an implicit slippery slope argument that suggests that because P supports y we should not allow x since it would advance y. This is the sort of argument that lots of tea-party folks seem to fall back on–Obama's real intention is to turn the country into a socialist state, Obama advocates health care reform,Therefore we should resist health care reform. But, it's certainly not limited to the right-wing. We hear similar arguments made about corporations and certain other administrations. I don't have an example to hand right now, but I'm sure we can come up with a bunch. It's really the laziest of all argumentative vices.

In the case of President Obama the "real intention" premise is so laughable that the logical flaw in the argument is overshadowed by the obvious falsity of the premise. Most of these "real intentions"premises have a cartoonish world domination feel to them. But in the HSUS case it is, perhaps, in some sense true that HSUS are advocates of veganism (or their CEO is, or many of their members are–I'm not sure how to think about ascriptions of beliefs to organizations) and maybe even want to further that end through HSUS's actions. But, even if that's true, the conclusion does not seem to follow without some additional premises connecting x and y more closely, just like slippery slopes arguments.

Nevertheless, it is a really bad argument–even if HSUS does believe that everyone should become vegan this says little about whether their opposition to enriched cage housing as less humane than free range or other cage-less alternatives is well founded. Though to be fair to Martosko he does offer appeals to several expert organizations (American Humane Association, Temple Grandin and the American Veterinary Medical Association) who do hold that enriched cage housing is humane. But, rather than engage their serious disagreements over the substantive issue, he prefers the lazy route.

You can fool some of the people all of the time

Here's David Brooks in 2009:

You wouldn’t know it to look at me, but I go running several times a week. My favorite route, because it’s so flat, is from the Lincoln Memorial to the U.S. Capitol and back. I was there last Saturday and found myself plodding through tens of thousands of anti-government “tea party” protesters.

Now again Sunday:

There are liberals who call conservatives racist as a matter of tactics, too. That happens, as well. Listen, I was out jogging, you wouldn't know it to look at me. I was out jogging (LAUGH) you wouldn’t know it to look at me, I was out jogging on the mall. I was at a Tea Party rally, Tea Party rally. Also there was a group called the Back– Black Family Reunion, celebration of African American culture. I watched these two groups intermingle. Sitting at the same table, eating– watching concerts together. Among most of those people, there was a fantastic atmosphere of just getting along on– on a warm Sunday afternoon.

Thought that was funny–the line about running.  I guess it's funny because Brooks looks like every guy his age who engages in some kind of light sporting activity–so it's not surprising that he's a jogger.  Anyway.  The first passage continues:

Then, as I got to where the Smithsonian museums start, I came across another rally, the Black Family Reunion Celebration. Several thousand people had gathered to celebrate African-American culture. I noticed that the mostly white tea party protesters were mingling in with the mostly black family reunion celebrants. The tea party people were buying lunch from the family reunion food stands. They had joined the audience of a rap concert.

Because sociology is more important than fitness, I stopped to watch the interaction. These two groups were from opposite ends of the political and cultural spectrum. They’d both been energized by eloquent speakers. Yet I couldn’t discern any tension between them. It was just different groups of people milling about like at any park or sports arena.

And yet we live in a nation in which some people see every conflict through the prism of race. So over the past few days, many people, from Jimmy Carter on down, have argued that the hostility to President Obama is driven by racism. Some have argued that tea party slogans like “I Want My Country Back” are code words for white supremacy. Others say incivility on Capitol Hill is magnified by Obama’s dark skin.

First, let me make one quick point about race.  There's no reason to believe that celebrating African-American culture puts you at the opposite side of the political and cultural spectrum from the tea party types.  Many African-Americans are culturally conservative Christians, some even fiscally conservative Republicans. 

Second, watch that next paragraph closely.  Let me rephrase: at least one person sees every conflict through the prism of race, and, many have argued that all the hostility toward Obama is driven by race.  That little slip there of the quantifier–many argue that all is your hollow man.

As anyone with even a passing acquaintance with these arguments can tell you–some that some of the animosity toward Obama is driven by race.  The rest of the animosity, of course, is driven by his being a foreign-born muslim.

In all seriousness, no one maintains that the only reason many conservatives oppose Obama is race.  There is, of course, the matter of disagreement over the policies–a fact which everyone recognizes. 

Now back to the tea-partiers.  Accusations of racism have rightly been leveled against some of them.  That some of them do not engage in open race war when they encounter African-Americans does not negate that claim.  That only negates the claim that all tea partiers are itching for perpetual race war.  And no says that.