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.

Academics, category mistake, Weak Analogy

Faith in science

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A grad school professor of mine once said: beware of scientists in a metaphysical mood. And lo. Yesterday’s New York Times op-ed section contains this, from Paul Davies, physicist:

>Clearly, then, both religion and science are founded on faith — namely, on belief in the existence of something outside the universe, like an unexplained God or an unexplained set of physical laws, maybe even a huge ensemble of unseen universes, too. For that reason, both monotheistic religion and orthodox science fail to provide a complete account of physical existence.

>This shared failing is no surprise, because the very notion of physical law is a theological one in the first place, a fact that makes many scientists squirm. Isaac Newton first got the idea of absolute, universal, perfect, immutable laws from the Christian doctrine that God created the world and ordered it in a rational way. Christians envisage God as upholding the natural order from beyond the universe, while physicists think of their laws as inhabiting an abstract transcendent realm of perfect mathematical relationships.

>And just as Christians claim that the world depends utterly on God for its existence, while the converse is not the case, so physicists declare a similar asymmetry: the universe is governed by eternal laws (or meta-laws), but the laws are completely impervious to what happens in the universe.

By religion, Davies means his version of the Christian religion, and others that will fit those particular metaphysical presuppositions (this won’t include Mormonism, by the way). And while Physicists don’t have all of the answers about the nature of the objects of their study (which discipline does?), that’s hardly grounds to claim that it’s a lot like religion. The evidence for the basic elements of religious faith (not to mention the truth of various intricate Christian doctrines, among others) is completely like evidence for the physical laws that characterize matter. Just because physics doesn’t tell the whole story (why should it and who claims it does?) does not mean the whole thing is accepted without evidence. Others, I’m certain, can say more.

But the Times ought to be beyond these tales of faith found among microscopes: it’s so washingtonposty.

Op-Eds and other opinions, Plain Bad Arguments, Things that are false

A Rare Parrot-Teacher

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While we’re not in the business of questioning motive, The Post’s Robert D. Novak’s work in the past few weeks has had a familiar ring to it. Whispers of background plots and internecine “dilemmas,” and, most of all, an eager use of the politics of fear. Karl would be proud. But finer folks than us have already made quick work of the Rove’s puppeteering of Novak. More interesting to us are passages like this:

>Democrats want to assume a strong anti-terrorist position while deploring U.S. military action against Iran as it develops nuclear weapons. While the prospect of such an attack before Bush leaves office is reviled on the left, no Democrat can be seen as soft on an Islamist Iranian regime whose president denies the Holocaust and calls for the destruction of Israel. The trick is to condemn both Dick Cheney and Mahmoud Ahmadinejad.

Beyond the fact that, once again, this sounds very familiar, is this fact: repetition does not cash out to truth. Just because every parrot-teacher in the Rovian cabal prattles on about Iranian nuclear weapons does not mean such things actually exist, or that the technology to produce them exists in Iran, or that the technology to produce the technology to produce them exists in Iran. In fact, Rove’s Iraq War patsy, as well as the International Institute for Strategic Studies, argue that the claim of Iran possessing, or being able to possess, a nuclear weapon within the decade is patently false. This troubles his second claim. The trick is not to “condemn” anyone; the trick is disengage ourselves from a costly, dishonestly premised, and pointless war of conquest while not engaging ourselves in yet another costly, dishonestly premised, and pointless war of conquest. But far be it from Novak, in a fit of Rovian excess and bile, to let the facts intrude.

Michael Gerson, Straw Man

Exactly as I predicted

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If you relocate the horizon of success, you can win at anything. Michael Gerson teaches us how to do that with arguments:

>On cultural issues, conservatives have been ambushed by hope. And Wehner and Levin provide two main explanations.

>First, societies can, over time, recognize their own self-destructive tendencies and reassert old norms — not just arresting decline but even reversing it. Many Americans, for example, have seen the damaging effects of divorce on children — sometimes from the firsthand perspective of their own childhoods — and divorce rates, especially among upper-income couples, have fallen. Over the decades the social wreckage of drug use has become undeniable — and the social judgment on this practice has shifted from “stylish rebellion” to “suicidal idiocy.” In many cases, our culture has benefited from the natural healing mechanism of simple sanity.

>The second reason for this cultural renewal is bold, effective public policy — welfare reform with time limits and work requirements; zero-tolerance approaches to crime; education reform that tests and requires basic skills; and comprehensive anti-drug efforts, including enforcement, treatment and education. In all these cases, good government and rational incentives have made a tremendous difference.

Lower crime, less drug abuse, lower divorce rates, real book learning of course, are all of them uniquely conservative positions. Liberals, of course, advocated drug abuse as stylish rebellion, no investment in quality public education, unlimited welfare, and a tolerant attitude towards crime.

Things that are false, V.D.Hanson

Don’t know much about history

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Bloodthirsty historian Victor Davis Hanson might be familiar to some who read this blog. It turns out that in addition to being a rather sloppy thinker, he’s also a downright crappy historian. What makes a good historian? Mastery of facts.

For instance:

>Because this is my wrap-up essay, I must apologize for the disjointed nature of some of the material I am bringing up now. We have already noted how, when writing about his own period of specialization, the Classicist Victor Davis Hanson is both sloppy and inconsistent. (Mixing up, for example, the Eastern Roman Emperor Valens, who died at Adrianople in 378 AD, with Emperor Valerian, who was captured by the Sassanids in 260 AD. This is akin to confusing the current conflict we are in with the Spanish-American war because, you know, they’re pretty close in time.) But mistakes like these do not really annoy me as much as another problem, the lack of documentation in Carnage and Culture.

The whole thing, as well as previous installments, is well worth the read. Makes one wonder whether we ought to have a special category for Hoover Institution Scholars.

Equivocation, Jonah Goldberg, Op-Eds and other opinions, Unclassifiable

Aqua-vocation

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It depends on what the meaning of “waterboarding” is (courtesy of Digby):

>DAVID RIVKIN, MILITARY LAW EXPERT: Incidentally, it is not a debate about whether torture is permissible, at least in my mind, it’s what things amount to torture. And with all due respect to my friend Charlie, there are several forms of waterboarding. Waterboarding is a very capricious term, it connotes a bunch of things. There are clearly some forms of waterboarding [that are] torture and off the table. They may well be some waterboarding regimens that while tough and useful in extracting information are not torture. My problem with the critics is that they don’t want to have, contrary to what Senator Edwards said, we are ought to have a debate as a serious society about what stress techniques of interrogation and what to do with it. Let me point out one thing, we actually waterboard our own people. Are we torturing our own people?

That silly and convenient relativism is matched only by an even more ridiculous sophistry:

>FOREMAN: But we’re waterboarding our own people to give them an idea of what they would encounter if they were captured by somebody else.

>RIVKIN: Well, forgive me, as a matter of law and ethics, if the given practice like slavery and prostitution is officially odious, you cannot use it no matter what our goals is, you cannot even use it to volunteers. So, if all forms of waterboarding are torture then we are torturing our own people, and the very same instructor who spoke before Congress the other day about how it’s torture, is guilty of practicing torture for decades. We as a society have to come up with the same baseline using (inaudible) in all spheres of public life instead of somehow singularizing this one thing, which is interrogation of combatants and we need to look at it in a broader way.

Um. So, in order to teach preparedness for torture, the military has used its methods on its own people, but in using these methods, by definition, they are not torture, because you cannot torture someone who is a volunteer. But if it was torture, then the instructor is guilty of torture. So it follows that these people are either guilty of torture, or since no one wants to be guilty of torture, their students learned nothing about torture, since waterboarding isn’t torture.

On a similar theme, Glenn Greenwald discusses Jonah Goldberg’s agony over the definition of torture.

Equivocation, Ignoratio Elenchi, Kathleen Parker, Straw Man

I fought the law

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Kathleen Parker, a deeply empathetic person, puts herself in the shoes of the typical illegal immigrant:

>As long as we offer jobs, medical treatment, driver’s licenses and in-state tuition to those who come here illegally, why would any right-thinking, would-be immigrant take a number and wait his or her turn? Why not just throw in the Dallas Cowboys cheerleaders and free tequila while we’re at it?

Indeed, the life of the typical illegal immigrant is full of all sorts of freebies; indeed, the only thing missing is the fulfillment of some kind of alcohol-fueled male adolescent sexual fantasy.

It gets worse:

>Arguments favoring services and privileges for illegal immigrants always point to the broader benefits to society.

God forbid.

>Healthy immigrants mean a healthier America; an educated populace means fewer jobless dependents; legal drivers are more responsible because, allegedly, they’ll also buy insurance and stick around when they have an accident.

>The latter seems unconvincing given that illegal immigrants, by definition, tend not to think legally.

A bachelor, by definition, is an unmarried man. An illegal immigrant, by definition, is someone who does not have legal status; but this actually doesn’t mean that this illegal immigrant has broken the law. The law might have been broken–as it is in numerous cases–when they were children. Besides, it’s not the case that anyone who breaks the law, in any regard, “tends to think illegally.” I’d be interested to find out what the thinking illegally tendency is.

She continues:

>In any case, by the same logic, we might also say that amnesty is good for the country because then everyone would be legal. Rather than fix something, we simply accommodate circumstances. As in: Kids are having sex anyway, so we’ll just give them condoms.

Parker suggests that the response to every problem is the same: stop it. While that might be desirable, as any sociologist could tell you, it’s not going to happen. Denying the reality and complexity of illegal immigration will not achieve much, however much you assert that illegal is as illegal does.

Anne Applebaum, Hasty Generalization

To the Catwalks!

Anne Applebaum has got Hollywood’s number:

>In fact, for the malcontents of Hollywood, academia and the catwalks, Chávez is an ideal ally. Just as the sympathetic foreigners whom Lenin called “useful idiots” once supported Russia abroad, their modern equivalents provide the Venezuelan president with legitimacy, attention and good photographs. He, in turn, helps them overcome the frustration Reed once felt — the frustration of living in an annoyingly unrevolutionary country where people have to change things by law. For all of his brilliance, Reed could not bring socialism to America. For all of his wealth, fame, media access and Hollywood power, Penn cannot oust George W. Bush. But by showing up in the company of Chávez, he can at least get a lot more attention for his opinions.

Take that Sean Penn and Naomi Campbell–the only malcontents of Hollywood and the catwalks (first time I’ve heard that as well) Applebaum bothers to mention.

Stanley Fish, Straw Man

Never knew you cared

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Stanley Fish reads two books on religion–one for, one against–and comes to a stirring, there-are-good-arguments-on-both-sides conclusion:

>Perhaps an individual reader of either will have his or her mind changed, but their chief value is that together they testify to the continuing vitality and significance of their shared subject. Both are serious inquiries into matters that have been discussed and debated by sincere and learned persons for many centuries. The project is an old one, but these authors pursue it with an energy and goodwill that invite further conversation with sympathetic and unsympathetic readers alike.

>In short, these books neither trivialize their subject nor demonize those who have a different view of it, which is more than can be said for the efforts of those fashionable atheist writers whose major form of argument would seem to be ridicule.

The chief value of these books on religion is that they are books on religion.

Academics, Begging the Question, General discussion

The original

Many people invoke the “plain text” (or some close variant) of the constitution in order to resolve questions about its meaning. Those people, insofar as they insist on that principle, are originalists. For a more edifying discussion of that topic than one can find here, see Brian Leiter’s law blog. Here’s an excerpt of his argument:

>. . . [O]nce we acknowledge (as Barnett rightly does) that a theory of constitutional interpretation must answer to a theory of constitutional legitimacy, then the constitution (as a written document, or as a document about which framers had some original intention, or as a document which had an original “public” meaning, and so on) drops almost entirely out of the picture: the theory of constitutional legitimacy tells judges how they should decide cases, and the written constitution is, at best, a proxy for what is constitutionally legitimate or is relevant because of its effect on the reasonable expectations of citizens (the latter being a factor bearing on constitutional legitimacy). In other words, Barnett’s theory of constitutional interpretation, because it (unlike most theories–Ackerman’s, Amar’s, etc.) has the correct moral structure is not really a defense of originalism, but a defense of whatever method of interpretation produces “legitimate” (i.e., morally authoritative) outcomes. The writtenness of the constitution, and its original meaing, might, indeed, figure at this point, but only in the way that Raz (who, in an odd way, echoes Posner) suggests: namely, because some moral value (some moral value that bears on authority) attaches to the fact that some understanding of the constitution (original or otherwise) has been stable, relied upon, figures in the public understanding of the society in which people plan their lives, etc.

Aside from the fact that nothing about the Constitution says it should be interpreted one way rather than another, once one adopts an interpretative theory, as Leiter suggests, one has left the text behind. All of this makes the following response mystifying:

>Notice that, while “justice” is the ultimate normative justification for originalism, the intermediate steps are crucial. If a written constitution is valuable for the reasons identified–to define and police the principal-agent relationship–then one cannot simply dispense with it in pursuit of greater justice. More precisely, agent-judges cannot on their own authorize agent-legislatures to exceed their proper powers as defined by the written Constitution in pursuit of greater “justice” than that document provides.

“Simply dispense” and “on their own” beg the question against Leiter, at least it seems so to me. The argument concerns how one ought to read the Constitution, part of that argument involves denying “an original” meaning in isolation from a more basic legal theory. Asserting that one ought to read the Constitution literally just ignores that point.

It turns out that point was made here by Larry Solum:

>Once we have the distinction between semantic and normative originalism in place, it is easy to see that semantic claims are at the heart of the New Originalism or original-meaning originalism. If the semantic claim were false, and the conventional semantic meaning of the text in context at the time of framing and ratification were not the “meaning” of the constitution, then it would be difficult for New Originalists to argue that there are good normative reasons to give this meaning authority. The difficulty is obvious: why should we have a normative commitment to something the Constitution doesn’t mean? If the original meaning is not the actual semantic content of the constitution, but is instead a construction or invention of originalist judges, then many of the normative arguments produced by originalists could be turned against originalism itself.

George Will, Straw Man

School rites

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George Will, sometime libertarian, writes:

>In today’s political taxonomy, “progressives” are rebranded liberals dodging the damage they did to their old label. Perhaps their most injurious idea — injurious to themselves and public schools — was the forced busing of (mostly other people’s) children to engineer “racial balance” in public schools. Soon, liberals will need a third label if people notice what “progressives” are up to in Utah.

>There, teachers unions, whose idea of progress is preservation of the status quo, are waging an expensive and meretricious campaign to overturn the right of parents to choose among competing schools, public and private, for the best education for their children.

The “campaign” they’re waging involves a referendum on a school choice law. People can vote for it and people can vote against it. But people can choose private schools right now if they can afford them. But more basically, “meretricious” is not a term Will, what with his perpetual dishonesty about anyone’s view but his own, ought to be using. Of him, one might say:

>Intellectually bankrupt but flush with cash. . .

But that was his line (later in the piece). The idea that there is a right to choose among competing schools (some of them–nay the majority of them–religious) using public money is an astounding one–especially for a simple-minded constitutional minimalist, such as Will is (when it comes to the limiting rights of other people). Indeed, allowing parents to take public tax money to private schools, one might reasonably argue, greatly expands the reach of the government into the private sector: private schools, what with their “competitive” edge, are now public schools. Do they need federal money to compete?