Category Archives: Fallacies of Relevance

Strongly implies

Most of George Will's straw men are hollow men–enemies, usually "liberals" made up out of thin air, and made to hold views that would embarass a member of the communist party.  Today we are provided with a rare treat.  We can watch, almost in slow motion, the process of George Will-style straw manning.  We can see, in other words, how his dishonest mind distorts his opponent's words and then attacks them.  Today's column begins:

"Physician, heal yourself," said the founder of the church in which Roger Mahony is a cardinal. He is the Catholic archbishop of Los Angeles, and he should heed the founder's admonition before accusing Arizonans of intemperateness. He says that Arizona's new law pertaining to illegal immigration involves "reverting to German Nazi and Russian Communist techniques whereby people are required to turn one another in to the authorities on any suspicion of documentation."

"Our highest priority today," he says, "is to bring calm and reasoning to discussions about our immigrant brothers and sisters." His idea of calm reasoning is to call Arizona's law for coping with illegal immigration "the country's most retrogressive, mean-spirited, and useless anti-immigrant law." He also says that it is "dreadful," "abhorrent" and a "tragedy" and that its assumption is that "immigrants come to our country to rob, plunder and consume public resources."

The problem of illegal immigration is inflaming Mahony, who strongly implies, as advocates for illegal immigrants often do, that any law intended to reduce such illegality is "anti-immigrant." The implication is: Because most Americans believe such illegality should be reduced, most Americans are against immigrants. This slur is slain by abundant facts — polling data that show Americans simultaneously committed to controlling the nation's southern border and to welcoming legal immigration.

First off, note the classic ad hominem (tu quoque variety) flavor to the piece–"physician heal thyself" (but you haven't ha ha ha).   More basically, note that Mahoney (who shares a name with my cat), is talking about discussions of immigrants, not the particular immigration law in question.  For Mahoney, and for any third grader who can read his blog (he's got a blog), you can tell that he is referring to the general topic.  That may be a minor quibble, anyway.  Because the real distortion comes next. 

The clue to this is the twice-used "implication."  Now Will ought to know that the good Cardinal is not likely to make the claim that any law intended to reduce immigration is anti-immigrant simply because this one does.  That would be something like illicit subordination–concluding the universal proposition from the particular.  Ergo–that's Latin–the inference that most Americans are against immigrants does not follow from what Mahoney said. 

But the straw-manner is dishonest, and his objective is to close out the discussion of the opposition on their chosen position, and instead force them to defend, retract or respond to a weaker one.  Whatever they do–and I really don't know what the best way to reply here is–Will's monological tactic wins.  He controls the forum–the newspaper column–he can distort as much as he wants–until, of course, some adult at the Washington Post grows a pair. 

The group of non group members

The other day we were treated to the poorly reasoned opinions of culture warrior and disgraced former House Speaker Newt Gingrich on Christian Legal Society versus Martinez.  Today there is a much more thoughtful discussion (by law professor Jonathan Turley), though one which reaches the same basic conclusion as Gingrich.  A reminder again of the main issue:

The case, Christian Legal Society v. Martinez, has the potential to resolve a long-standing conflict between two of the most cherished American traditions: equality and nondiscrimination on one hand and the free exercise of religion on the other. The United States has taken great strides in recent years to protect people from discrimination — including hate speech, unfair hiring practices and unequal treatment under the law. But to some, such gains in equality have come at a price. Religious groups that discriminate — confining their membership to the faithful and those who share their views — say they are being penalized.

This specific controversy began at Hastings, part of the University of California, when CLS members asked to become a registered student organization. With that designation, the group could apply for certain funding, send mass e-mails to the student body and participate in an activities fair, among other perks. Hastings said no. The school concluded that because the CLS bylaws barred non-Christians, gays and non-celibate students from serving as officers or voting members, the group violated the school's ban on discrimination "on the basis of race, color, religion, national origin, ancestry, disability, age, sex or sexual orientation." The CLS could still meet on campus but could not be a registered club unless it opened its membership to all, even those who didn't subscribe to its beliefs. The group challenged the school, and lower courts supported the Hastings policy as a neutral rule applying equally to all groups.

Members of the American Philosophical Association recently debated whether it ought to post job announcements without comment for schools (usually conservative Christian ones) that violate the APA's policies on discrimination against homosexuals (and others) in hiring.  As the debate was among philosophers, hilarity ensued.  See that discussion here.

Turley's argument is ultimately a pragmatic one–the state's interest in fostering association ought to override its concerns about discrimination in particular cases of associating.  This is not an unreasonable position, but I still think it's weak.  He writes:

CLS v. Martinez is a close and difficult case. The court has to weigh fostering diversity of views vs. combating discrimination. The nation benefits when citizens form groups and advance their ideas. Tax-exempt status is even given to groups to encourage association and free speech — important pillars of our society. We cannot pick and choose between groups if we are to allow for pluralism.

The same is true with college groups. A campus offers a cradle of free speech where students can form organizations that foster the exchange of ideas and values. Supporting such groups should not be viewed as endorsing their beliefs but rather as encouraging associations. And as the court stated in Roberts v. United States Jaycees in 1984, "Freedom of association . . . plainly presupposes a freedom not to associate."

While there are strong arguments for upholding the Hastings policy, the CLS was effectively denied recognition because of its religious views — a troubling practice that could easily extend to other groups. For example, some Muslims following Wahabi principles insist that women must be covered and sit separately from men. Likewise, some Orthodox groups such as Hasidic Jews mandate areas divided by gender and require strict dress codes. To insist that Wahabi or Hasidic groups allow anyone to join, including gay and non-conforming members, would create an obvious problem.

Schools can still adopt a nondiscriminatory policy by funding either all or no student groups. That was the choice the Supreme Court gave the University of Virginia in its Rosenberger decision in 1995, after the school refused to pay for publications for religious organizations on campus: Fund all or none.

The question in the current case is where to draw the line. Schools such as Hastings are legitimately barred from discrimination in hiring and promotions. However, barring student organizations based on their religious views puts the state in the position of bestowing favored and unfavored status on groups.

We need to accept that certain forms of government support are meant to foster associations generally and should not turn on the insular views of any particular group. For example, tax exemption should aim to encourage citizens to participate in our society through groups that deepen public debate. These associations not only help individuals define their own values, they also protect the pluralism that defines our nation.

Such neutrality does not mean discrimination is a protected religious right, allowing the faith-based Ku Klux Klan, for example, to engage in public acts of racial hatred. Groups can still be punished for criminal threats, and laws still prohibit discrimination based on race, gender and national origin.

I think we end with a red herring here: no one has suggested CLS has criminal intentions, and we can suppose that the usual criminal laws apply.

The question is another one: does the university have to fund religious groups that discriminate on the basis of sex, race, sexual orientation, gender and so forth?  That's what CLS wants to do.  And therefore an affirmative response for CLS means that discrimination is a protected religious right.

 If CLS wins, then they can engage in "public acts of discrimination" on the basis of sexual orientation (would that be "public acts of sexual orientation hatred"?): imagine the group email on the law school listserve: "come and join CLS as we pray away the gay–no gays or fornicators allowed."

You just want to be happy

Today Robert Samuelson, mustachioed captain bringdown of the Washington Post op-ed page, meditates on the obvious fact that people who think they're right about something feel good about being right.  The only thing is that he mistakes this for some kind of profound discovery.  He writes:

Obama's approach was politically necessary. On a simple calculus of benefits, his proposal would have failed. Perhaps 32 million Americans will receive insurance coverage — about 10 percent of the population. Other provisions add somewhat to total beneficiaries. Still, for most Americans, the bill won't do much. It may impose costs: higher taxes, longer waits for appointments. [argument please–eds]

People backed it because they thought it was "the right thing"; it made them feel good about themselves. What they got from the political process are what I call "psychic benefits." Economic benefits aim to make people richer. Psychic benefits strive to make them feel morally upright and superior. But this emphasis often obscures practical realities and qualifications. For example: The uninsured already receive substantial medical care, and it's unclear how much insurance will improve their health. [WTF? –eds.]

Purging moral questions from politics is both impossible and undesirable. But today's tendency to turn every contentious issue into a moral confrontation is divisive. One way of fortifying people's self-esteem is praising them as smart, public-spirited and virtuous. But an easier way is to portray the "other side" as scum: The more scummy "they" are, the more superior "we" are. This logic governs the political conversation of left and right, especially talk radio, cable channels and the blogosphere. [Or it's even easier to portray them as having ulterior psychological motivations about feeling good about themselves-eds.]

I think a country as rich as ours ought to be able to provide health insurance for everyone.  I think this for moral reasons and practical ones.  On the practical front, the total costs, I think, of our current system outweigh the benefits.  The new bill, by the way, wasn't just about the uninsured (and really Samuelson ought to know this)–it was about reforming the insurance you already have (which in many cases barely qualifies as "insurance").  Now, thankfully, if Samuelson develops a new condition–mustache cancer for instance–he can't be "rescinded" (that was the idea, anyway) by his insurance company just because he's sick.  If his kid has a preexisting condition, the Post's insurance policy can't not cover him.  Well, that's the idea anyway. 

Does it make me feel good about myself to have supported such a position?  Maybe.  Did I think it was the correct position to take?  Yes.  That feeling–feeling good about having the right position–is a consequence of my thinking I have the right position, rather than the cause of it. 

But in any case, I think we can all assume for the sake of argument that everyone always wants to feel good about himself.  We can also assume that people want to feel good about themselves for good reason.  The relevant question here is whether people who supported (or opposed) HCR have good reason to feel good about themselves. 

Maybe they do, maybe they don't. 

Hobgoblin

Too much of our critical political discourse depends on one single virtue: consistency.  This is why Pat Buchanan, a man who writes articles (I am not exaggerating) in praise of Hitler–is a kind of pundit saint.  Since consistency matters, and consistency depends on memory–or rather, detecting someone's inconsistency depends on remembering what she's said in the past, let's have some fun with our favorite son on an economist, Robert Samuelson.  Samuelson, is like the captain bringdown of the Post editorial page.  He's got a droopy mustache, a dour expression, and he poo-poos just about everyone who tries to do something about something–environmentalists are dumb and self-indulgent for buying Priuses!. 

For a while–for those who remember–Samuelson been poo-pooing Obama's "self-indulgence" on health insurance reform.  A more competent rhetorical analyst, by the way, might have fun with the way he always goes ad hominem on Obama–treating his own impoverished and uncharitable image of Obama rather than Obama's stated positions (he even admitted once that this was his own problem).  But it's worthwhile to poke fun at Samuelson's priorities.  Way back before we spent 700 plus billion dollars in Iraq, chasing what turned out to be an easily uncovered deception, here is what Samuelon wrote:

A possible war with Iraq raises many unknowns, but "can we afford it?" is not one of them. People inevitably ask that question, forgetting that the United States has become so wealthy it can wage war almost with pocket change. A war with Iraq would probably cost less than 1 percent of national income (gross domestic product). Americans have grown accustomed to fighting with little economic upset and sacrifice.

Pocket change.  In reflecting on this piece (called "A War We Can Afford") Samuelson wrote:

Yes, that column made big mistakes. The war has cost far more than I (or almost anyone) anticipated. Still, I defend the column's central thesis, which remains relevant today: Budget costs should not shape our Iraq policy. Frankly, I don't know what we should do now. But in considering the various proposals — President Bush's "surge," fewer troops or redeployment of those already there — the costs should be a footnote. We ought to focus mostly on what's best for America's security.

When it comes things that are actually real, on the other hand, Samuelson is skeptical:

When historians recount the momentous events of recent weeks, they will note a curious coincidence. On March 15, Moody's Investors Service — the bond rating agency — published a paper warning that the exploding U.S. government debt could cause a downgrade of Treasury bonds. Just six days later, the House of Representatives passed President Obama's health-care legislation costing $900 billion or so over a decade and worsening an already-bleak budget outlook.

900 billion?  That figure is almost exactly what we've spent in seven years of war.  Weird.  But this time cost is all that matters. 

Cornell, ever heard of it?

Thankfully Cornell University's very excellent philosophy program is off the hook for the following travesty:

What follows is a series of ad hominem tu quoques.  For instance:

One could argue that, but one would be wrong.  Perhaps she should have taken a logic class as well.

Courtesy of the guys at Sadly, No!

Their reasoning is a non sequitur

George Will should not use the phrase "non sequitur."  He writes:

Some liberals argue that the Constitution is unconstitutional. Their reasoning is a non sequitur: The Constitution empowers each chamber to "determine the rules of its proceedings." It requires five supermajorities (for ratifying treaties, endorsing constitutional amendments, overriding vetoes, expelling members and impeachment convictions). Therefore it does not permit requiring a sixth, to end filibusters.

No one I know of argues that–and Will doesn't try to cite anyone.  It's a dumb argument, after all.  So he's right about that.  He ought to know, of course, because that is precisly Will's argument against everything else about government he doesn't like.  Since the Constitution doesn't expressly provide for it, it doesn't exist.  There is no right to x, because the Constitution doesn't say so. 

Now since no one argues for this silly view (other than Will), it's a perfect example of the hollow man.  Note the use of "some."    

Thanks to Aaron at the Stopped Clock for the hat tip, the pointer, and for generally reading this blog. 

Argumentum ad imperfectionem

The argumentum ad imperfectionem is a kind of fallacious argument advanced by lazy meta commentators.  It consists in alleging that the imperfections in the arguments of certain peripheral exponents of a particular view justify the weak-manning of the opponents of those views.   

So for instance, some less than responsible or scientifically accurate characterizations of the family of views known as climate change justify the wildly erroneous allegations of global warming deniers.  Here's an example from the Washington Post's Dana Milbank:

As a scientific proposition, claiming that heavy snow in the mid-Atlantic debunks global warming theory is about as valid as claiming that the existence of John Edwards debunks the theory of evolution. In fact, warming theory suggests that you'd see trends toward heavier snows, because warmer air carries more moisture. This latest snowfall, though, is more likely the result of a strong El Niño cycle that has parked the jet stream right over the mid-Atlantic states.

Still, there's some rough justice in the conservatives' cheap shots. In Washington's blizzards, the greens were hoist by their own petard.

For years, climate-change activists have argued by anecdote to make their case. Gore, in his famous slide shows, ties human-caused global warming to increasing hurricanes, tornadoes, floods, drought and the spread of mosquitoes, pine beetles and disease. It's not that Gore is wrong about these things. The problem is that his storm stories have conditioned people to expect an endless worldwide heat wave, when in fact the changes so far are subtle. 

Other environmentalists have undermined the cause with claims bordering on the outlandish; they've blamed global warming for shrinking sheep in Scotland, more shark and cougar attacks, genetic changes in squirrels, an increase in kidney stones and even the crash of Air France Flight 447. When climate activists make the dubious claim, as a Canadian environmental group did, that global warming is to blame for the lack of snow at the Winter Olympics in Vancouver, then they invite similarly specious conclusions about Washington's snow — such as the Virginia GOP ad urging people to call two Democratic congressmen "and tell them how much global warming you get this weekend."

That's just nuts.  Gore and the climate change activists are correct (Milbank doesn't doubt that), but examples used in their arguments may give lazy or just plain dishonest people the wrong idea.  It's their fault, in other words, that they have used anecdotes to illustrate claims about the consequences of a warming atmosphere.  Giving examples, anecdotes in other words, is one way a view can be communicated.  These anecdotes, by the way, are not perfect.  They are not perfect especially in the hands of people with no particular scientific training or real grip of the view they hold.  A view, in this circumstance, which turns out to have a sound justification. 

Misrepresenting the scale or significance of the imperfect anecdote in order to undermine the view is what we call "weak manning," that is, distorting a view by selection of its weakest justifications.  There likely are lots of these.  But this does not justify the dishonesty of people who know of better arguments.  And the existence of weak exponents of a particular view does not entail that the view itself is weakened.

Some say

Now that a Democrat is President, some Republicans and other conservatives have rediscovered the fine art of logical analysis.  I think that is something we ought to applaud.  But their memories are short and their skills are rusty.  Take for example the following pot-and-kettle peice from a former speechwriter to George W. Bush, Noam Neusner.  He writes:

Some people get quoted in presidential speeches by writing heartfelt letters to the president about personal loss, or by doing something heroic, like landing a plane in the icy Hudson River.

I just sit in the Oval Office, and mouth off to President Barack Obama, one inanity after the next. And sure enough, my words—word for word, mind you!—show up in his biggest speeches.

Who am I? Sotus—Straw man of the United States. I'm Mr. Obama's most trusted rhetorical friend.

In his speeches, Mr. Obama says there are "those" who suggest we "can meet our enormous tests with half-steps and piecemeal measures." He suggests there are "some" who are content to let America's economy become, at best, "number two." He says that on health care, "some people" think we should do nothing.

Listen, there is no "some people." He's just quoting me, Sotus.

Like William Safire before him, Mr.Neusner confuses not naming your opponent specifically with the straw man (well, actually the hollow man).  They're different.  See, Presidents don't typically name their opponents in arguments.  George W.Bush, the man for whom the author of this clueless piece wrote words, did it all of the time–in speeches.  Sometimes, of course, and Mr.Neusner is right about this, the "some" is more fantastical than others.  Sometimes, however, the "some" is almost exactly the platform of the opposition.  Skipping a few paragraphs (as always folks, I expect you read the entire piece I discuss!):

And then there was the nice talk we had right before that historic January afternoon, when he was sworn in. I turned to him and said: "Mr. President-elect, our system of government can really only tolerate small plans, and limited ambitions." Think how good it felt to hear my own words echoing across the Mall: "There are some who question the scale of our ambitions, who suggest that our system cannot tolerate too many big plans. Their memories are short, for they have forgotten what this country has already done." Good one, Mr. President!   

As an assignment for the folks at home, try to identify whose views is accurately characterized by that bolded part.  For that matter, do that with the rest of this piece.  Just for fun.  And just to close out with a little bit of absolutely justifiable tu quoque:

Some seem to believe we should negotiate with terrorists and radicals, as if some ingenious argument will persuade them they have been wrong all along. We have heard this foolish delusion before. As Nazi tanks crossed into Poland in 1939, an American senator declared: "Lord, if only I could have talked to Hitler, all of this might have been avoided." We have an obligation to call this what it is – the false comfort of appeasement, which has been repeatedly discredited by history.

Guess who said that?  More here.

Dialogue more valuable than ever

Here's another article about how liberals condescend to conservatives.  It begins:

It's an odd time for liberals to feel smug. But even with Democratic fortunes on the wane, leading liberals insist that they have almost nothing to learn from conservatives. Many Democrats describe their troubles simply as a PR challenge, a combination of conservative misinformation — as when Obama charges that critics of health-care reform are peddling fake fears of a "Bolshevik plot" — and the country's failure to grasp great liberal accomplishments. "We were so busy just getting stuff done . . . that I think we lost some of that sense of speaking directly to the American people about what their core values are," the president told ABC's George Stephanopoulos in a recent interview. The benighted public is either uncomprehending or deliberately misinformed (by conservatives).

This condescension is part of a liberal tradition that for generations has impoverished American debates over the economy, society and the functions of government — and threatens to do so again today, when dialogue would be more valuable than ever.

Perhaps this guy is joking.  Or he is just very seriously misinformed, because it has been a mainstay of conservative opposition to any Obama initiative to call it "socialist" or worse (Liberal fascism anyone).  I'm not going to bother linking to anything because just googling the combination of "Obama" and "Socialist" nearly crashed the Google server. 

It's not, in other words, condescension.  It is a plain and to my mind surprisingly charitable interpretation of an opposition many of whose key members and leaders have excluded themselves from minimally reasonable discussion.  That's just true, whether or not many liberals are condescending a–wholes. 

As he wraps up this factless and meme-driven piece, the author goes for a little balance:

Of course, plenty of conservatives are hardly above feeling superior. But the closest they come to portraying liberals as systematically mistaken in their worldview is when they try to identify ideological dogmatism in a narrow slice of the left (say, among Ivy League faculty members), in a particular moment (during the health-care debate, for instance) or in specific individuals (such as Obama or House Speaker Nancy Pelosi, whom some conservatives accuse of being stealth ideologues). A few conservative voices may say that all liberals are always wrong, but these tend to be relatively marginal figures or media gadflies such as Glenn Beck.

Really.  Again, I'd say this is plainly false.  No bother.  This guy doesn't even try to produce evidence (here's an assignment, google "liberals" and see what comes up–it's entertaining.  Then google "liberals" and the name of any leading conservative, you won't find George Will making fine-grained distinctions).  Perhaps, however, as a conservative, he doesn't know that claims about reality stand or fall on the basis of the evidence offered.  "Just trust me phrases" in an advocacy piece don't count.

Question time

In case you haven't seen the exchange yesterday between President Obama and the entire House Republican Caucus, do yourself a favor, and watch the whole thing (or read it).  An excerpt:

Now, you may not agree with Bob Dole and Howard Baker and Tom — and certainly you don't agree with Tom Daschle on much . . .

(LAUGHTER)

. . . but that's not a radical bunch. But if you were to listen to the debate, and, frankly, how some of you went after this bill, you'd think that this thing was some Bolshevik plot.

(LAUGHTER)

No, I mean, that's how you guys — that's how you guys presented it.

(APPLAUSE)

And so I'm thinking to myself, "Well, how is it that a plan that is pretty centrist . . . "

(LAUGHTER)

No, look, I mean, I'm just saying — I know you guys disagree, but if you look at the facts of this bill, most independent observers would say this is actually what many Republicans — it — it's similar to what many Republicans proposed to Bill Clinton when he was doing his debate on health care.

So all I'm saying is we've got to close the gap a little bit between the rhetoric and the reality.

I'm not suggesting that we're going to agree on everything, whether it's on health care or energy or what have you, but if the way these issues are being presented by the Republicans is that this is some wild-eyed plot to impose huge government in every aspect of our lives, what happens is you guys then don't have a lot of room to negotiate with me.

I mean, the fact of the matter is that many of you, if you voted with the administration on something, are politically vulnerable in your own base, in your own party. You've given yourselves very little room to work in a bipartisan fashion because what you've been telling your constituents is, "This guy's doing all kinds of crazy stuff that's going to destroy America."

And I — I would just say that we have to think about tone.

It's not just on your side, by the way. It's — it's on our side as well. This is part of what's happened in our politics, where we demonize the other side so much that when it comes to actually getting things done, it becomes tough to do.

Mrs. NonSequitur, a lawyer, observed that at moments it felt like lawyer Obama was attempting to get an unreasonable client to see that a settlement of their case cannot in principle mean they get one-hundred percent.