Category Archives: Informal Fallacies

Just saying

Today, I think we have a pretty straightforward case of "red herring."  This fallacy is classically described as occurring when one changes the subject of argument in order to derail criticism.  The red herring is another instance of the "no-inference-being-explicitly-drawn" kind of fallacy.  I think that's the trick that works on the mind of the red herring monger and the red herring.  The red herring monger isn't drawing any kind of illegitimate inference, "he's just saying." Let's take a look:

It began with the release of the Justice Department memos — a move opposed by CIA Director Leon Panetta along with four previous directors. Then, Attorney General Eric Holder Jr. did not rule out Justice Department cooperation with foreign lawsuits against American intelligence operatives. Then, House Speaker Nancy Pelosi accused the CIA of lying to her in 2002 about waterboarding, which she admitted learning about five months later anyway but did nothing to oppose because her real job was to "change the leadership in Congress and in the White House."

To stanch the CIA's bleeding morale, Democrats have tried reassurance. President Obama, speaking at CIA headquarters, took the Fred Rogers approach: "Don't be discouraged that we have to acknowledge potentially we've made some mistakes. That's how we learn." Yes, children, hypocritical congressional investigations and foreign kangaroo courts are really our friends. House intelligence committee Chairman Silvestre Reyes sent a sympathy note to Langley: "In recent days, as the public debate regarding CIA's interrogation practices has raged, you have been very much in my thoughts." There should be a section at Hallmark for intelligence operatives unfairly accused of war crimes.

That's the very Christian Michael Gerson, former Bush Speechwriter, who is beginning to sound like the very spiteful Charles Krauthammer.  Some Democrats (and some Republicans–no mention of them here) have leveled criticism of CIA methods and practices.  That's democracy, I think.  The question now is whether that criticism is deserved or not.  Did the CIA participate in war crimes?  I would like to know the answer to that question.  Did the CIA mislead the Speaker of the House of Representatives of the Congress of the United States of America?  That would be good to know.  But alas.  No such luck.  Michael Gerson is not interested in those questions at all, actually.

For he's worried about the effect on CIA morale that such criticism might have.  He is also concerned as to why Nancy Pelosi, Speaker of the House, didn't say anything (she couldn't) about the secret briefing at the time. 

Those are all great concerns, I think, but they aren't really what we're talking about.  Did the CIA, under orders from someone, commit war crimes?  No amount of what-did-Nancy Pelosi-know-and-when-did-she-know-it ought to distract us from that very simple question. 

In what sense?

"In what sense" has got to be one of the most basic philosophical questions.  It aims, at the very least, to get clear about what we're talking about.  Because, as it turns out, words and concepts and such have different senses.  Justice, for instance, seems to mean different things.  And it would be important to avoid obvious equivocations.  So, for instance, if I am talking about a normative notion of justice, and you come back at me with empirical observations about the criminal justice system, I will be confused.  This seems to be a really straightforward point.  But alas.  Here's Stanley Fish, The New York Times' idea of an intellectual:

I don’t think that’s the way it happens or could happen. Let’s say (to give a humble example from literary studies) that there is a dispute about the authorship of a poem. A party to the dispute might perform comparative analyses of the writings of rival candidates, examine letters and personal libraries, research the records of printers and publishers, look at the history of reception, etc. Everyone who engages in the dispute will do his or her work in relation to well-established notions of what counts as evidence for authorship and accepted criteria for determining whether or not the evidence marshaled is persuasive.

But suppose, you think (in the manner of Roland Barthes and Michel Foucault) that the idea of the individual author is a myth that emerges alongside the valorization of property and property rights so central to Enlightenment thought? Suppose you believe that the so-called author is not the source of the words to which he signs his name, but is instead merely a site transversed by meanings neither he nor any other so-called “individual” originates? (“Writing,” says Barthes, “is the destruction of every voice, of every point of origin.”)

I am not affirming this view, which has religious (“not me, but my master in me”) and secular (it is the age or zeitgeist that speaks) versions. I am just observing that there are many who hold it, and that for those who do the evidence provided by printers’ records or letters or library holdings will not be evidence at all; for they do not believe in the existence of the entity — the conclusively identified individual author — it aspires to be evidence of. If no one wrote the poem in the sense assumed by the effort to fix authorship, that effort is without a point and the adducing of evidence in the absence of something to be proved will seem quixotic and even perverse.

The example might seem to be to the side of the (supposed) tension between faith and reason, but it is, I believe, generalizable. Evidence, understood as something that can be pointed to, is never an independent feature of the world. Rather, evidence comes into view (or doesn’t) in the light of assumptions – there are authors or there aren’t — that produce the field of inquiry in the context of which (and only in the context of which) something can appear as evidence.

Holy Crap.  The "valorization" of property has an empirical component ("your property is valorized at less than it was valorized at before") and a normative component ("your property ought to be valorized at more than it was before") and a conceptual component (your property is valorizable), among other components.  The question for the literary studies people is whether some person x wrote some poem y.  This is an empirically verifiable fact–just ask Foucault's estate.  The question for Foucault, I take it, is whether such knowledge will tell us anything about anything (well, in particular, about the "meaning" of the poem.  They're different questions which Stanley Fish has hopelessly confused.

And he has confused these two different sorts of claim in order further to confuse the difference between the methods of faith and the methods of science.  They're not, to reorient the analogy where it should (!) be, talking about the same thing.  And to make this all a tomayto-tomahto question of evidence just ignores one pretty basic philosophical question.

Judgement at Nuremberg

Kathleen Parker cluelessly asks:

When did we start punishing lawyers for producing opinions with which we disagree? And where does that road lead?

The answer: Nuremberg

And that's not the dumbest part of her argument.  This inexplicably moronic assertion (seen by now all over the place, e.g., here) shows up as well:

Moreover, the same technique is used to train our own military personnel, who do not suffer severe physical pain or prolonged mental harm. 

The logic of this claim is completely baffling.  If we use the technique known as waterboarding in order to prepare our military personnel for the kinds of torture that the enemy might use against them, then on that account it's not torture if we use it against the enemy.  But if it's not torture, then we are either tormenting our soldiers for no good reason or we are giving the enemy a pass in virtue of our using it as training.  

More enhanced logical techniques

Ethics is full of thought experiments.  The Trolley problem, for instance.  Such thought experiments allow one to articulate one's moral principles.  They do not serve, however, as definitions of morally permissible conduct.  The ticking time bomb scenario, a favorite among consumers of torture pornography, might be a useful way to think about "what we would do if. . . " But it's sheer unlikelihood makes it unhelpful as an everyday guide.  Just because it can happen, and perhaps has happened, does not mean that we structure our moral thinking around it.  This hasn't stopped Charles Krauthammer from thinking long and hard about the ticking time bomb scenario.  He writes:

This month, I wrote a column outlining two exceptions to the no-torture rule: the ticking time bomb scenario and its less extreme variant in which a high-value terrorist refuses to divulge crucial information that could save innocent lives. The column elicited protest and opposition that were, shall we say, spirited.

And occasionally stupid. Dan Froomkin, writing for washingtonpost.com and echoing a common meme among my critics, asserted that "the ticking time bomb scenario only exists in two places: On TV and in the dark fantasies of power-crazed and morally deficient authoritarians." (He later helpfully suggested that my moral deficiencies derived from "watching TV and fantasizing about being Jack Bauer.")

On Oct. 9, 1994, Israeli Cpl. Nachshon Waxman was kidnapped by Palestinian terrorists. The Israelis captured the driver of the car. He was interrogated with methods so brutal that they violated Israel's existing 1987 interrogation guidelines, which themselves were revoked in 1999 by the Israeli Supreme Court as unconscionably harsh. The Israeli prime minister who ordered this enhanced interrogation (as we now say) explained without apology: "If we'd been so careful to follow the [1987] Landau Commission [guidelines], we would never have found out where Waxman was being held."

Who was that prime minister? Yitzhak Rabin, Nobel Peace laureate. The fact that Waxman died in the rescue raid compounds the tragedy but changes nothing of Rabin's moral calculus.

That moral calculus is important. Even John McCain says that in ticking time bomb scenarios you "do what you have to do." The no-torture principle is not inviolable. One therefore has to think about what kind of transgressive interrogation might be permissible in the less pristine circumstance of the high-value terrorist who knows about less imminent attacks. (By the way, I've never seen five seconds of "24.")

That is not the point.  No one has denied the empirical possibility or even the actuality of the ticking time bomb scenario.  Not even Froomkin obviously.  Besides, to counter that Krauthammer offers up something that doesn't include a bomb or lives in imminent danger, but rather a straightforward hostage situation (in which the rescue attempt killed the hostage–negotiation anyone?).  Those terrorists in Krauthammer's example do not take hostages to kill them–they take them to trade them for stuff.

In the second place, as someone else has noted, Krauthammer had a month to come up with an example which would overcome Froomkin's objection.  And this non-ticking-time-bomb scenario from 1994 is all he could find. 

More importantly, he ought to measure the one time when torture provides the precise code and location of the ticking bomb versus the mountains of disinformation torture usually yields.  How many examples of that can we find?

Write trash

It's hard to have a conversation when some people don't follow the rules.  If your conversation is about, say, which things ought a rational person assent to, then indeed there are certain rules.  One can disagree about these rules, but the rules say you have to state the grounds for the disagreement and those grounds have to be good grounds.

Here's one rule.  If you offer up a point of view in a public forum, you should expect criticism.  Some of this is probably going to be dumb and uninformed, some of it relevant.  There's a rule that says you have to focus on the relevant criticism.  Pretending that the only criticism you get is of the former variety breaks a rule.  Here's Amity Shlaes, a kind of conservative author, talking about George Will:

So Michele Bachmann’s version of history is “from another planet.” Bobby Jindal, the Republican governor of Louisiana, is “chronically stupid.” And Eric Cantor of Virginia, the second-ranking Republican in the House, is “busy lying constantly.”

That at least is according to posts on three left-leaning blogs.

Writers who are not pro-Barack Obama are suffering character assassination as well. George Will of the Washington Post, the nation’s senior conservative columnist, has been so assaulted by bloggers that his editor, Fred Hiatt, recently wrote, “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.”

The disconcerting thing isn’t that the bloggers or their guests did this slamming. We’re used to such vitriol in campaign time. What is surprising is that the attacks are continuing after an election.

In the past, politicians and policy thinkers tended to be magnanimous in victory. They and their friends focused, post- victory, on policy and strategy — not on trashing individuals.

I didn't know the nation had a "senior conservative columnist."  But anyway, George Will has been criticized for the inadequacy of his ideas (see here and here and here and here and here and here and here and here and here and here)–and a person of Shlaes's very expensive education ought to know that.  She at least ought to be able to distinguish between "trashing" and saying, "hey, that conclusion doesn't follow!" (even if she doesn't think that conclusion doesn't follow).  If she isn't aware of this criticism (use the Google!) she ought not write about it, if she doesn't know the difference between "trashing" and "argument analysis" she ought to return to ask for her college tuition back, and finally if she does know the difference (and I suspect she does) but this is how she plays the game, then I say she's not playing by the rules.  That's not fair.

It's not fair because the discussion is about a topic, someone has offered up a view of that topic, and rather than discuss that view, we have to spend all of our time explaining how challenging someone's view in a public forum does not amount to trashing that person.  And when we do that, we don't get to have a discussion.

White whine

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.

Diminished mental capacity

Kathleen Parker concern trolls on behalf of homophobic Christian ministers:

When whites lynched blacks with the tacit approval of the state, the entire African American community was terrorized. No one can pretend otherwise. It is this immeasurable horror that hate-crimes laws attempt to address by adding another layer of punishment to the primary crime.

What fair-minded person could object? On the other hand, how do we read the minds of our worst actors? Is it possible to say conclusively that these killers were motivated by hate to the exclusion of other potentially confounding factors?

These are legitimate questions that deserve rational debate without the dueling rants of hyperbole and outrage. Ultimately, that debate leads to free-speech issues — especially religious speech — and the real crux of the opposition.

Some conservative groups worry that hate-crimes laws might lead to restrictions on churches or other religious organizations' freedom to quote Scripture that might be deemed hateful toward gays. Might a passionate preacher's invocation of, say, Leviticus 20:13, which condemns homosexual behavior, be interpreted as conspiracy to commit a hate crime?

In fact, the legislation applies when a physical assault or attempted murder takes place. And, so far, the First Amendment still protects the rights of even the Rev. Fred Phelps to take his "God Hates Fags" show on the road.

But in a country where eating Twinkies can be a defense for murder — and a Miss USA contestant can be publicly denounced as a "dumb bitch" for saying that marriage should be between a man and a woman — stranger things are sure to happen.

As an operating principle, meanwhile, it seems wiser to hear and see the haters rather than criminalize their thoughts and banish them to the underground where their demons can fester and where no law can breach their purpose

There's a neat collection of straightforward fallacies here.  In the first place, there is the oft-repeated objection that bias crimes involve an impossible form of "mind reading."  That is just dumb.  "Intentional murder" involves mind reading.  

Second, that the existence of hate crimes laws will ultimately (that's the word that indicates the bottom of the slippery slope–here a fallacious one) inhibit religious speech is just crazy.  Hate crimes laws, as the very name makes clear, involve crimes.  Click here for the FBI page on hate crimes.

That–the alleged slope–completes the red herring–the bait and switch.  For the initial point of the piece regarded including crimes against homosexuals (and others) in hate crimes laws.  Including them seems perfectly reasonable.  It has nothing to do, as Parker even seems to admit without realizing it, with people's "thoughts" (taken by themselves).  Non-existent restrictions on free speech, in other words, are not the issue at all.  On account of that obvious fact, we don't need to worry about "criminalizing" anyone's thoughts.  

Finally, it's ludicrous (and just plain baffling) to group the (not actually real) "Twinkie defense" (supposedly used to justify the murder of Harvey Milk and George Moscone in San Francisco) and the completely reasonable negative public reaction to a beauty contest's lame and ignorant defense of opposite marriage.  She made a contentious point about what rights certain people should have–many have objected to her reasoning.  She's a public figure and ought to expect that.  

One more thing, however, about the murderer of Harvey Milk.  The jury, reading the defendents mind, found him unable to have engaged in premeditated murder on account of diminished mental capacity. 

Enhanced justification techniques

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.

Viginti quattuor

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.

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.