Category Archives: Other problems

Problems other than specific logical fallacies–poor explanations, things that are false, and so forth.

Hermeneutics for a Columnist

Krauthammer tries his hand at O’Connor bashing today in “Philosophy for a Judge” (Source: WaPo 5/9/05). O’Connor’s fault is that she lacks a “judicial philosophy:”

>stable ideas about constitutional interpretation. Her idea of jurisprudence was to decide whether legislation produced social “systems” that either worked or did not.

But, as Krauthammer reminds us, judging social policy is a matter for the legislature and not the courts: The court is only to decide whether the laws that the legislatures passes comform to the constitution. Instead, O’Connor entered into the “empirical world” and sullied the purity of constitutional interpretation with facts.

>That is what made O’Connor so unpredictable. Sure, she was headed for what she judged to be socially a stable settlement. But you could never know what empirical judgments she would make to get there. Would she decide that the long-term stability introduced by returning abortion to the elected branches of government would outweigh the short-term instability it would produce? You could not be sure. What you could be sure of was that she would come up with some ad hoc constitutional principle to justify her empirical judgment.

Continue reading Hermeneutics for a Columnist

Don’t know much about science

One of the worst arguments for the existence of God–consistently and solidly refuted since before the birth of Christ–is the argument from design. The occasion for mentioning this today is yet another intelligent design proponent op-ed contributor to the New York Times, Christoph Schönborn, the Roman Catholic cardinal archbishop of Vienna, and lead editor of the official 1992 Catechism of the Catholic Church. Impressive credentials, for a clergyman.

Like others before him in the intelligent design camp, Cardinal Schönborn confuses science with theology:

Evolution in the sense of common ancestry might be true, but evolution in the neo-Darwinian sense – an unguided, unplanned process of random variation and natural selection – is not. Any system of thought that denies or seeks to explain away the overwhelming evidence for design in biology is ideology, not science.

If the Cardinal’s objection is that scientists sometime confuse philosophy with science–claiming that there evidence shows things that it doesn’t–then we join him; such scientists would be guilty of the very same thing the Cardinal is. For evolution shows nothing either way about the theological design hypothesis. Just as no serious scientist can affirm that evolution demonstrates the existence of God; no serious scientist can claim that it does not.

The devastating problems with the design argument lie elsewhere:

Naturally, the authoritative Catechism of the Catholic Church agrees: “Human intelligence is surely already capable of finding a response to the question of origins. The existence of God the Creator can be known with certainty through his works, by the light of human reason.” It adds: “We believe that God created the world according to his wisdom. It is not the product of any necessity whatever, nor of blind fate or chance.”

This raises two questions. First, if it is the case that the real aim of biology is to learn the design of the intelligent creator, then biology is either a version of art criticism or psychology. Second, how could we presume to understand the wisdom of the creator through his works, when discerning the wisdom of our fellow humans through their works remains an almost insurmountably difficult task. Wherein, for instance, lies the wisdom of the framers of the constitution?

. . . about History

Some time ago we let a George Will piece on the magisterium of History (over philosophy) go by without comment. We were lazy and we regret it. For certainly our decisive critical analysis would have changed the future. But there is still time. We reserve the right to write about any op-ed at any time. In that sense perhaps we too are historians.

And so as historians, we were appalled to read
this:

What is history? The study of it — and the making of it, meaning politics — changed for the worse when, in the 19th century, history became History. When, that is, history stopped being the record of fascinating contingencies — political, intellectual, social, economic — that produced the present. History became instead a realm of necessity. The idea that History is a proper noun, denoting an autonomous process unfolding a predetermined future in accordance with laws mankind cannot amend, is called historicism. That doctrine discounts human agency, reducing even large historical figures to playthings of vast impersonal forces. McCullough knows better.

Nevermind that the making of history is more than politics (in our view there’s a little geology [e.g., tsunami] and biology [e.g., black death] and probably more). Instead, imagine for a moment the position described by Will as “Historicism.” Such a view turns history into “Historywithacapital’H'”; discounts human agency; it’s deterministic; large historical figures are subject to forces stronger than them: Who would hold such a moronic view of history?

Probably nobody. This is has to be the view of Will’s imaginary academic friend Karl–he has more imaginary friends–liberals (Ted), non-strict constructionists (Ruth), and so forth. They stick around to provide him with silly and shallow arguments. And when they’re not actually imaginary, he makes them so by lampooning their arguments. But like all things imaginary, others can’t see them as clearly as you do.

Take for instance this historicism crap. What would show that historicism is a load of bunk? Why a ripping good yarn of course:

Using narrative history to refute historicism, McCullough’s two themes in “1776” are that things could have turned out very differently and that individuals of character can change the destinies of nations. There is a thirst for both themes in this country, which is in a less-than-festive frame of mind on this birthday. It is, therefore, serendipitous that “1776,” with 1.35 million copies already in print, sits atop the New York Times best-seller list on Independence Day.

So a really good narrative–like those so often narrated by McCullough himself on PBS (which, by the way, according to Will is so very unnecessary) shows that great men can change destinies (who believes in destinies?) and things could have turned out otherwise (gee, you mean history is not a deductive science?). But a narrative doesn’t show this–it can’t. And in this case it probably doesn’t even try. Mr.McCullough has done the study of the Past too great a service–both in his writing and his work on Public Television–to receive this kind of praise from George Will.

Do as we do not as we say

Recently George Will has spilled a lot of ink on the Supreme Court. The other day it was a shallow and snarky analysis of the takings clause, today
the same for the establishment clause. This time we have a Scalian excursus on original intent. Rather than consulting a dictionary contemporary to the founding fathers for the meaning of the word “wall” in “wall of separation,” Will consults their behavior. According to the author Will cites–and we have no reason to doubt him–the founding fathers’ notion of “wall of separation” did not include religioius services in a government building, among many other things. On the strength of the founding father’s behavior, and some rather shallow lampooning of the very real problems of constitutional interpretation, Will concludes that 25 years of constitutional “hair-splitting” have been a waste.

In response it should be said that some of what the founding fathers thought and did was deplorable. Some of this (to our everlasting shame) they even enshrined in the Constitution. So it’s certainly not the case that their behavior should serve necessarily as a guide for our own. And though it might remain an open question as to whether some of their behavior should serve as a guide for our own, we would need some way to tell which behavior to emulate and which to eschew. Once we do this, we’re back to what George Will calls hairsplitting and what the student of constitutional law might call “reasoning.”

Ignorantia juris

Sometimes we run across arguments so incoherent that they are nearly impossible to categorize. For this reason, some time ago we added the category “plain bad arguments” alongside the list of commonly known logical fallacies. David Brooks most recent column (4/21/05) in the *New York Times* is a perfect example of the need for this new category.

In a very general sense, the argument is a causal one. Brooks argues that the cause of the current vitriolic atmosphere in the Senate is *Roe v. Wade* and therefore the only way to save the Senate is to “overturn *Roe v. Wade*.” But to point out–as we will in a moment–the ridiculousness of this claim would not do this awful piece justice. For in making the basic causal argument, Brooks interweaves so many other dubious, misleading and fallacious arguments that we fear not being able to capture them all. What follows is our attempt to make sense of what has to be one of the worst arguments to appear in the pages of the *New York Times* in recent months.

Continue reading Ignorantia juris

Ideological design

One might have thought that the argument by design would have ceased to
be a topic of serious religious debate and reflection after its limits
were conclusively demonstrated by Hume’s devastating critique in the
18th Century. But you would have been wrong. In a recent editorial
appearing in the New York Times, Michael J. Behe defends the concept of
“Intelligent Design,” the 21st Century incarnation of this tired
staple of 17th century natural theology. It would be pointless to
rehearse the arguments Hume uses to demonstrate the inconclusiveness of
Design as an argument for the existence of God. I would refer the
reader to his *Dialogues Concerning Natural Religion*. Behe, in fact,
claims that intelligent design “says nothing about the religious idea of
a creator,” a caveat that, in spite of its disingenuousness (can anyone
seriously doubt that what is at stake here is theistic belief?), we can
perhaps take as a tacit acknowledgment of Hume’s conclusions. Rather,
Behe presents Intelligent Design as a credible scientific explanation
for the complexity of biological systems. This claim is dubious from
two perspectives.

Continue reading Ideological design

Nature Wrecked

In the previous post we discussed George Will’s violent reaction to the violent reaction to Larry Summers’–President of Harvard University–foray into *a priori* genetics. On the basis of all of the scientific auctoritas as his armchair will provide, Will continues here and in the following op-ed piece (which we will discuss some time in the near future) to pontificate about the philosophical realities of human nature. Not only did it gall him that academic liberals would dare question the unjustified assertions of the president of Harvard University, but some in the left-wing political media had the temerity to challenge similar claims in the inaugural address of the President of the United States:

>This criticism went beyond doubts about his grandiose aspirations, to rejection of the philosophy that he might think entails such aspirations but actually does not. The philosophy of natural right — the Founders’ philosophy — rests on a single proposition: There is a universal human nature.

Continue reading Nature Wrecked

Why ask why?

By and large, academics are a liberal bunch. With studious reference to the numbers of registered democrats versus registered republicans, a few recent newspaper articles have reminded us (academics) of just how liberal we are as a group. A few other articles, and now an op-ed piece by George Will, have ventured explanations. While it is not disputable that academics–especially professors of humanities–are by and large of generally left or liberal political orientation, just *why* they are is another story. And since we are dealing with academics, some of them philosophy professors, we might point out that the question, “*why*?” is a tricky one. This little word could, after all, mean a lot of different things. Among them the following:

1. What reasons do they have (or somehow collectively enunciate) for their beliefs?

2. What significant explanatory features do they uniquely share as a group that might cause them to have certain properties in common (such as beliefs)?

As you can see, these are fundamentally different versions of the “why” question (we could go on, but that would be so, how do you say, *academic*). A common habit of the media is to treat answers to the latter question as sufficient answers to the former, when they are in actuality different questions altogether. We find an example of this in George Will’s Sunday op-ed in the *Washington Post* (11/28/04).

In answering this question, Will repeats the usual conservative line (which applies, by the way, to anything nowadays–the media, Hollywood, Boy Scouts):

>A filtering process, from graduate school admissions through tenure decisions, tends to exclude conservatives from what Mark Bauerlein calls academia’s “sheltered habitat.”

So what explains why there are so many liberals in academia is liberal *bias*. How do liberals effectuate this bias? Well,

>in order to enter the profession, your work must be deemed, by the criteria of the prevailing culture, “relevant.”

It’s clear now where this argument is going. The quotation marks signal that Will is taking a right turn onto hyperbole drive. He cites a few examples of what he takes to be extreme liberal bias, then allows the reader to conclude that he has made his point about academia in general:

>”Schools of education, for instance, take constructivist theories of learning as definitive, excluding realists (in matters of knowledge) on principle, while the quasi-Marxist outlook of cultural studies rules out those who espouse capitalism. If you disapprove of affirmative action, forget pursuing a degree in African-American studies. If you think that the nuclear family proves the best unit of social well-being, stay away from women’s studies.”

Even if any of this were true–and it isn’t–these instances of overt political orientation in academia hardly constitute sufficient evidence for the more robust claim that academia skews unjustifiably (that is to say, in a biased way) leftward. Perhaps more appropriate would be a survey of departments and programs that the greater majority of schools share as a part of their basic academic program. Will, and Bauerlein on whom he relies, might take on the substantially more difficult task of unveiling the hidden but nonetheless “regnant” premises of any of the following disciplines: History, English, Classics, Foreign Language, Psychology, Sociology, Philosophy, Economics, and Political Science. (It might also be pointed out that African-American studies has a whole lot more to offer than arguments for affirmative action, and women’s studies encompasses more than critiques of the contemporary American nuclear family, but that’s really a factual (not a logical) matter).

Nonetheless, having presumed, on the strength of such an obvious dearth of evidence, that he has said something meaningful about academia as a whole, Will he sets his sights on the more ambitious explanatory point:

>This gives rise to what Bauerlein calls the “false consensus effect,” which occurs when, because of institutional provincialism, “people think that the collective opinion of their own group matches that of the larger population.” There also is what Cass Sunstein, professor of political science and jurisprudence at the University of Chicago, calls “the law of group polarization.” Bauerlein explains: “When like-minded people deliberate as an organized group, the general opinion shifts toward extreme versions of their common beliefs.” They become tone-deaf to the way they sound to others outside their closed circle of belief.

Now just because academics tend to draw similar conclusions, and just because they hold beliefs that differ little from each other (but perhaps much from the population at large) does not mean that there are not independent justifications for these beliefs. Most physicists, for instance, probably hold beliefs as a class that differ wildly from the population as a whole but little from each other. This fact alone does not mean they are wrong, or that they are subject to Orwellian groupthink, as Will suggests. Perhaps the nature of their expertise is an indication that there is a greater chance they are right. And, considering the kinds of debates about high school science curricula one unfortunately hears nowadays, only a completely out of touch physicist would think his view agrees with that of the public at large. And the same, I think, would go for just about any academic who pronounces on a matter in which she has demonstrated competence. In other words, the number of those who hold a position is completely irrelevant to whether or not the position is well justified.

And this is precisely the point. It is our task on this website to consider the *reasons* an op-ed writer advances for his or her position, not the accidental features such a person might share with others of the same class. Were we to engage in such an analysis, we might point out that certain pundits seem always to make the same sorts of conservative or liberal arguments, and since these arguments are obviously wrong, there must be some sort of psychological reason for the pundit in question to hold it. Perhaps the pundit is a failed and resentful academic, and the greater majority of such persons hold conservative views on account of their deep resentment of the institution that snubbed them. But such a strategy would not only be logically unsound, but would fail the simplest of all charity tests: when your opponent holds an argument different from yours, assume she has reasons for her belief.

Epiphany

It was a close election. Very close. But you’d never know that from the tone of the election post-mortem across the conservative and non-conservative (that doesn’t mean “liberal”) punditocracy. While talk of “mandates” with 51 percent of the electorate is absurd on its face, equally ludicrous–but no less frequent–is the blizzard of simplistic explanations for why three percent of the popular vote, and more to the point, 136,483 (actually less when one subtracts unexplained votes for Bush) in Ohio went to the Republican candidate. With such slim margins, the cold analytical mind would shudder at grand explanations, epiphanies, and electoral exaggerations. Such a mind would have to conclude that such a slim victory precludes grand conclusions. Thus the following from E.J.Dionne in the *Washington Post*:

These numbers do not lend themselves to a facile ideological analysis of what happened. The populist left can fairly ask why so many pro-government, anti-corporate voters backed Bush. The social liberals can ask why so many socially moderate and progressive voters stuck with the president. The centrist crowd can muse over the power of the terrorism issue. The exit polls found that perhaps 10 percent of Al Gore’s 2000 voters switched to Bush. Of these, more than eight in 10 thought the war in Iraq was part of the war on terrorism.

But such a deep appreciation for the complexity of the 2004 electorate seems not to have had any effect on Dionne’s conservative *Post* colleague, George F. Will, for Will has wasted no time in reveling in the “epiphanies” of last Tuesday. We won’t waste the reader’s time with an exhaustive catalogue of them (the first of them is that Bruce Springsteen does not select the President, electoral votes do). Among other epiphanies we find the following:

While 44 percent of Hispanics, America’s largest and fastest-growing minority, voted for Bush, African Americans continued to marginalize themselves, again voting nearly unanimously (88 percent) for the Democratic nominee. In coming years, while Hispanics are conducting a highly advantageous political auction for their support, African Americans evidently will continue being taken for granted by Democrats.

Keep in mind that this is an epiphany, so we are meant to be surprised by some important bit of electoral analysis. Only a conservative would be surprised, however, that minority groups do not constitute a monolithic entity. Perhaps there is some reason beyond their willful marginalization (having voted for the candidate who received the second highest number of votes in the history of the United States and the one who won 48 percent of the popular vote constitutes marginalization in Will’s mind by the way) that explains how 88 percent of the African American vote went to Kerry. Maybe–and perhaps this is a stab in the dark–a large number of them–88 percent in fact–rightly or wrongly *believed* Kerry to be the candidate who best represented their economic interests, vision of the Presidency, moral values, view in the war on terror, or whatever other of the sundry *reasons* one casts a vote for President. And in fact, when it comes to divining reasons for votes from the non-minorities, Will doesn’t hesitate to assume there is some reason, some reasonable reason, for their voting:

Newsom’s [mayor of San Francisco] heavily televised grandstanding — illegally issuing nearly 4,000 same-sex marriage licenses — underscored what many Americans find really insufferable. It is not so much same-sex marriage that enrages them: Most Americans oppose an anti-same-sex amendment to the U.S. Constitution, which is why it fell 49 votes short of the required two-thirds in the House and 19 short in the Senate. Rather, what provokes people is moral arrogance expressed in disdain for democratic due process.

On Will’s analysis, minorities get no special treatment. He doesn’t even wonder *why* they vote the way they do. That a certain group is reported to have voted en masse may certainly cry out for an explanation–just as the fact that all eleven proposals to ban same-sex marriages must be accounted for–but that explanation will perhaps best begin (and perhaps end) with one question: *why* did you (and 48 percent of the electorate) vote for the Democratic candidate?

Some and all

In the simple logic of many pundits, you’re either a liberal or a conservative. Conservatives reject anything that’s “liberal” and liberals likewise reject–or should reject–any utterance of a “conservative.” In the simple logic of George Will, anything that is not a complete government giveaway to the poor with no strings attached (or a thievish taxing of the rich) is “conservative,” no matter how many liberals support it (or variations of it). Since any such program is conservative, any liberal who does not reject it outright is not challenging conservativism. And thus the failure to challenge the conservative program is a victory, nay a “triumph” for conservativism, and a defeat for “liberalism.” Take the following for instance:

John Kerry’s campaign shows that liberalism remains merely reactive, and reconciled to many of conservatism’s triumphs. Kerry complains about No Child Left Behind and the USA Patriot Act but does not call for repealing either. For all of Kerry’s histrionic sorrows about “the rich” being too laxly taxed, his proposal to raise the top income tax rate from 35 percent to 39.6 percent accepts Ronald Reagan’s revolution in lowering the rate from 70 percent. And Kerry has not proposed even a mild modification of modern conservatism’s largest legislative achievement, the 1996 welfare reform that repealed the 1935 Social Security Act’s lifetime entitlement to welfare.

There is an odd categorical logic to this claim. The first sentence–which is the conclusion of the argument–claims that *All* “liberalism” (whatever that means, see previous posts) is reactive. The evidence for this is a series of points about *some* of Kerry’s positions. Never mind the fact that Dennis Kucinich would justly recoil at the suggestion that Kerry is “liberal.” Notice how the strength of the conclusion (*Liberalism remains merely reactive*) rests on a narrowly selected range of domestic issues–the No Child Left Behind Act, the USA Patriot Act, taxation, and welfare reform. On Will’s formulation, Kerry’s stated campaign positions range from measured agreement to silence.

For Will’s conclusion about “liberalism” to follow he would need to do more than this. First, he would have to take into consideration that Kerry in the current election has the role of *challenger*. As challenger, his posture might seem “reactive,” because, in fact, that’s just what one might expect of a candidate who is challenging a President who has had four years with a friendly Congress and Supreme Court. Whatever one’s position on the current President, Bush has left his opponent with much to respond or react to.

Second, Will would need to examine a greater range of domestic issues. Even a poorly informed voter knows that Kerry has made concrete policy proposals regarding health care, education, and the environment that go beyond simple reactions or slight modifications of Republican or conservative achievements. The sample of issues here examined, in other words, does not warrant the universal categorical assertion that all liberalism is reactive.

Third, and most importantly, Will needs to show why it must be the case that Kerry must completely reject every policy proposal vaguely associated with conservative politicians. Perhaps, one might suggest, Kerry agrees with some, but not all, of the policy in question. Or perhaps he even agrees with it entirely. His failure to reject it outright does not necessarily constitute a victory for conservatives, and consequently render liberals reactive, it might be a victory for those who do not confine their minds to the simplistic and vaguely defined labels of punditology.