Category Archives: Fallacies and Other Problems

This category covers all broken arguments. Some are straightforwardly fallacious, others suffer from a lack of evidence or some other unidentifiable problem.

Ignoratio Elenchi, Kathleen Parker, Slippery Slope

Judgement at Nuremberg

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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.  

Charles Krauthammer, Fallacies of Relevance, Ignoratio Elenchi

More enhanced logical techniques

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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?

Charles Krauthammer, General discussion, ignorance of basic matters of logic, Inexplicable

Use mention torture

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If one consumes enough news and commentary, one begins to notice the same (crappy) arguments over and over in certain circles.  This of course can happen anywhere–on the right, or on the left.  The left, however, in my unscientific opinion, just doesn't have the discipline or organization or perhaps heart to carry it off very well.  Few, I think, will repeat Richard Cohen's latest ideas.  That's not a virtue, however.  It kind of reminds in fact of the old paradox of moral weakness: vice plus moral weakness equals virtue.  Not having the stamina to be evil, I end up doing the right thing.

Back to the point.  There's an argument that's been rolling around the world of torture justifying commentary lately. It goes something like this:

MILLER: And I’m going to move beyond that and say the pertinent question to me is, is it necessary. Where do you stand on this?

KRAUTHAMMER: You know, I’m in the midst of writing a column for this week, which is exactly on that point. Some people on the right have faulted me because in that column that you cite I conceded that waterboarding is torture. Actually, I personally don’t think it is cause it’s an absurdity to have to say the United States of America has tortured over 10,000 of its own soldiers because its, you know, it’s had them waterboarded as a part of their training. That’s an absurd sentence. So, I personally don’t think it is but I was willing to concede it in the column without argument exactly as you say to get away from the semantic argument, which is a waste of time and to simply say call it whatever you want. We know what it is. We know what actually happened. Should it have been done and did it work? Those are the only important questions.

Never mind the fact that Krauthammer writes stuff he doesn't believe (without saying so).  He reasserts the manifestly absurd argument that anything done in the SERE program (Survive Evade Resist Extract) cannot be torture, as that would mean we have been torturing our own people.  The SERE program however trains people to resist the kinds of illegal torture used by our illustrious enemies.  Part of the training involves a little taste.  (Someone who went through this training tells me in his final paper for one of my spring courses (true story) that even that little taste can give you raging nightmares).

Not content with that line, Krauthammer, who fancies himself some kind of logician, pats himself on the back for having avoided the "semantic argument."  The semantic argument, in this case I suppose, is whether you call something torture or not.  That's important.  Because if it is torture, then it broke the law, and if it broke the law, then there ought to be prosecutions.  That's the problem with legal semantics.  In the end someone goes to jail.

But that's just what's so absurd about this line of reasoning.  Krauthammer makes a semantic claim–we cannot by definition torture our own people ("it's absurd!")–in order to claim that waterboarding isn't "torture."  But that's just to confuse "use" and "mention."  What's "use" and "mention"?  Well, if I pretend torture my own guy to show him what to expect, I am "mentioning" torture.  I don't really do it, I just kind of do it.  This is kind of like acting.  The actors don't really say the things they say ("I'm going to kill you"), they mention them.  Using torture, on the other hand, is illegal. 

Ad Hominem Abusive, George Will, Straw Man

Write trash

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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.

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.

ignorance of basic matters of logic

The comfy chair*

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This is an argument from definition:

Bob is a bachelor, then ipso facto Bob is unmarried–and male.  

This is not:

Q: Is waterboarding torture?

RICE: The president instructed us that nothing we would do would be outside of our obligations, legal obligations under the Convention Against Torture. So that’s — And by the way, I didn’t authorize anything. I conveyed the authorization of the administration to the agency, that they had policy authorization, subject to the Justice Department’s clearance. That’s what I did.

Q: Okay. Is waterboarding torture in your opinion?

RICE: I just said, the United States was told, we were told, nothing that violates our obligations under the Convention Against Torture. And so by definition, if it was authorized by the president, it did not violate our obligations under the Convention Against Torture.

Bob, by the way, might not in fact be unmarried (and therefore not a bachelor) but it is certainly the case that if he were unmarried than by golly the definition of an umarried male is a bachelor.  Now unless the Convention Against Torture includes the provision that anything authorized by a President is not by definition torture, then the President probably has no power under it–logical or otherwise–to make it not torture (or maybe even, in a bizzaro soft pillows way to declare something torture which isn't).  Here, by the way, is the definition of torture in the 1985 United Nations Convention Against Torture:

For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.  

*=click here.

hollow man, Red Herring, specious comparisons, Things that are false

Diminished mental capacity

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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. 

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.

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.