Category Archives: Fallacies of weak induction

Slippery implication

I also remember reading this essay ten years ago in, I think, *Time*:

>As Newsweek notes, these stirrings for the mainstreaming of polygamy (or, more accurately, polyamory) have their roots in the increasing legitimization of gay marriage. In an essay 10 years ago, I pointed out that it is *utterly logical* for polygamy rights to follow gay rights. After all, if traditional marriage is defined as the union of (1) two people of (2) opposite gender, and if, as advocates of gay marriage insist, the gender requirement is nothing but prejudice, exclusion and an arbitrary denial of one’s autonomous choices in love, then the first requirement — the number restriction (two and only two) — is a similarly arbitrary, discriminatory and indefensible denial of individual choice.

And so I’ve noticed that Charles Krauthammer confuses the fallacious slippery slope with strict logical implication. Just because society grants rights to gay marriages between *two* persons of adult age (even by the judicial fiat of legitimate constitutional interpretation–see the first ten amendments to your U.S. Constitution for details) does not imply anything about *three* or *fifty-three* persons of adult or other age. As Krauthammer’s otherwise silly piece points out, marriage rites are conventional and so don’t obey the kind of implicational structure he suggests they do:

>On the other hand, polygamy was sanctioned, indeed common, in large parts of the world through large swaths of history, most notably the biblical Middle East and through much of the Islamic world.

So he does realize that gay marriage does not imply polygamy (or polyandry) and vice-versa. The connection is not logical or causal but merely psychological. Krauthammer’s argument–though studded with n0t-that-there’s-anything-wrong with-thats–does little to camouflage its illogical appeal to simple prejudice.

Unequal unfairness

Maryland has passed a law aimed specifically at corporations with more than 10,000 employees that fail to provide health benefits to fiscally significant portions of their workforce (and thus burden the state's real welfare system). Not surprisingly, of the four corporations that fall under the new law, only Wal-Mart falls short. According to the *Washington Post*:

Wal-Mart says that more than three-quarters of its sales associates have health insurance but acknowledged that some of its low-wage workers are on Medicaid, the state insurance program for the poor. Wal-Mart's not providing even the 21st Century version of benefits (that is to say, extremely reduced) to some of its workforce, constitutes, according to the Maryland legislature, a kind of corporate welfare; they are receiving a benefit but doing nothing to earn it. The state has to pick up the cost of Wal-Mart doing business (or figure out some other way of paying for the healthcare of those of Wal-Mart's workers and their children). Under the new law, passed over a veto, they have asked that Wal-Mart pick up the slack.

Maybe it's wrong to treat some corporate monoliths less equally than others, as George Will today writes, but the frothy eagerness with which he presses his case makes that argument hard to assess. He responds to the Maryland legislature by claiming that Wal-Mart's benefits are substantial and generous: a fact he had already denied–it's not a welfare state (i.e., a corporation that pays out benefits)–and not even Wal-Mart is willing to assert. Rather than dwell on the generosity of the benefits, or the principled view that low wage workers do not deserve benefits, Will opts for the ridiculous libertarian classic: the slippery slope:

Maryland's new law is, The Post says, "a legislative mugging masquerading as an act of benevolent social engineering." And the mugging of profitable businesses may be just beginning. The threshold of 10,000 employees can be lowered by knocking off a zero. Then two. The 8 percent requirement can be raised. It might be raised in Maryland if, as is possible, Wal-Mart's current policies almost reach it.

The dumb thing about this argument is that it's just one tweak away from being cogent. Rather than alleging that any law aimed at a corporate monolith could one day be aimed at the small businessman, Will could argue that as a matter of fairness, other employers ought to be required to bear healthcare costs.

Even dumber, however, is the claim that such a taxing of a corporate giant is somehow on par with actual illegal corruption:

 Meanwhile, people who are disgusted — and properly so — about corruption inside the Beltway should ask themselves this: Is it really worse than the kind of rent-seeking, and theft tarted up as compassion, just witnessed 20 miles east of the Beltway, in Annapolis?

No. It is not worse. The behavior of an elected body even in the perhaps imprudent exercise of its power to tax is quite unlike the demonstrably corrupt and illegal behavior of leading Republican politicians and lobbyists. Quite unlike it indeed.

Post hack ergo propter hack

The main reason so much of partisan punditry of any stripe doesn’t qualify as rational discourse–that is to say, the kind of discourse a rational person should have and expect of others in an enlightened democracy such as our own–is that so often the partisan pundit refuses to entertain the idea that his opponents are rational. Since her opponent isn’t rational, she makes only the most ludicrous arguments, and has only a tenuous and self-interested grasp on the facts. In the end, of course, it doesn’t take much to defeat such nincompoops in argument. Easy victories, however, are not worth winning, as Charles Krauthammer’s triumph over the inane illustrates for us today:

>In less enlightened times there was no catastrophe independent of human agency. When the plague or some other natural disaster struck, witches were burned, Jews were massacred and all felt better (except the witches and Jews).

Pat Robertson knows something of this claim (cf. feminism and 9/11), but naturally Krauthammer has someone else in mind:

>A few centuries later, our progressive thinkers have progressed not an inch. No fall of a sparrow on this planet is not attributed to sin and human perfidy. The three current favorites are: (1) global warming, (2) the war in Iraq and (3) tax cuts. Katrina hits and the unholy trinity is immediately invoked to damn sinner-in-chief George W. Bush.

As readers of *The Nonsequitur* know, some variation of the causal fallacy is being invoked here (to be nitpicky: the analogy with the witches and Jews only holds insofar as some group or individual is held responsible for *causing* the event–only global warming could possibly qualify as a cause in that sense). Krauthammer in fact goes on to challenge the causal efficacy of each of the above:

>this kind of stupidity merits no attention whatsoever, but I’ll give it a paragraph. There is no relationship between global warming and the frequency and intensity of Atlantic hurricanes. Period. The problem with the evacuation of New Orleans is not that National Guardsmen in Iraq could not get to New Orleans but that National Guardsmen in Louisiana did not get to New Orleans. As for the Bush tax cuts, administration budget requests for New Orleans flood control during the five Bush years exceed those of the five preceding Clinton years. The notion that the allegedly missing revenue would have been spent wisely by Congress, targeted precisely to the levees of New Orleans, and that the reconstruction would have been completed in time, is a threefold fallacy. The argument ends when you realize that, as The Post noted, “the levees that failed were already completed projects.”

Excellent points all of them. Whether or not they are true–and we have no reason to doubt them–is someone else’s domain. We might also add that Krauthammer goes to list those he considers responsible (in descending order: Mayor Nagin, Governor Blanco, FEMA, President Bush, Congress, the American People). Such a complex event as the ongoing disaster along the Gulf coast hardly bears reduction to the three items Krauthammer mentions. So for this reason we couldn’t agree more with the first sentence quoted above–this kind of stupidity does not merit our attention. We know of many other well-reasoned and well-supported arguments that do deserve careful scrutiny. Perhaps Krauthammer can talk about them.

Cultural equality

Multiculturalism seems to be the topic of the week. In USNews Michael Barone writes a column called “Cultures aren’t equal” and in The New York Times David Brooks writes a piece called “All Cultures are not Equal.” As the titles suggest, the point of these pieces is to argue that multiculturalism is bad. For Barone, the view bears some responsibility for the London bombings; For Brooks, multiculturalism obscures intelligent discourse.

First, Barone writes,

Multiculturalism is based on the lie that all cultures are morally equal. In practice, that soon degenerates to: All cultures all morally equal, except ours, which is worse. But all cultures are not equal in respecting representative government, guaranteed liberties, and the rule of law. And those things arose not simultaneously and in all cultures but in certain specific times and places–mostly in Britain and America but also in other parts of Europe.

In addition to the obvious slippery slope (“soon degenerates . . . “), Barone is guilty of the non causa pro causa or the wrong cause fallacy; the cause of the London bombing has something to do with the bombers buying the idea that divinely sanctioned mass murder is a legitimate way of advancing your political position–the recently jailed Eric Rudolph, homophobic abortion clinic bomber, knows something of this view–rather than say the tolerance of cultural difference.

For Brooks, on the other hand,

The gospel of multiculturalism preaches that all groups and cultures are equally wonderful. There are a certain number of close-minded thugs, especially on university campuses, who accuse anybody who asks intelligent questions about groups and enduring traits of being racist or sexist. The economists and scientists tend to assume that material factors drive history – resources and brain chemistry – because that’s what they can measure and count.

These poorly reasoned quips about multiculturalism (it appears to be the case that economists and scientists don’t work at universities, they’re racists and sexists, or they don’t ask intelligent questions) serve as a springboard for his more ambitious sociological project; according to him, multiculturalism inhibits understanding of the sorts of human events–such as terrorism–that should concern the inquisitive mind. That’s a bold claim–one which, as far as we can tell, he does nothing to establish. But the unarged assertion is becoming standard repertory.

Such excursions into grand theory raise more troubling questions. The attentive reader will not swallow the strawman (and just incoherent) description of multiculturalism of these two pieces–few I think would affirm the extreme moral relativism implicit in Brooks’s and Barone’s pieces. If anything, if notions are to blame, then the culprit of recent terrorism on British soil is that all too fancy notion of freedom of speech. But in the end, the attentive reader will wonder why Brooks and Barone have taken to such broad sociological categories to explain the homicidal actions of individuals. There is a word for such hasty cultural and racial generalizations, but it’s not coming to mind.

Failures of Composition

I have now come to see that the post below is mistaken. The fallacy is not one of composition, but is simply a hasty generalization. The reason I am wrong about the composition is that the argument does not assert that each liberal is weak on terrorism and therefore the Left as a whole is weak on terrorism. Instead, the fallacy lies in arguing that the Left is weak on terrorism on the basis that a few members of the left are weak on terrorism. We decided to leave this up, despite its flaws because the overall point that a fallacy is occuring here seems correct, even if I mis-diagnosed it at first. 8/8/5

>The denial of the peril facing America remains a staple of the left.

One of the cheapest rhetorical moves available to the pundit showcases the fallacies of composition and division. In these fallacies, the arguer claims that since X is a property of the whole (division) or a part (composition), therefore it is a property of the part (division) or the whole (composition): If table salt is a good seasoning, then its constituents Sodium and Chlorine are good seasonings; If Sodium and Chlorine are poisonous, then table salt is poisonous.

The fallacy of composition is often very close to the fallacy of hasty generalization, in which the attribution of a property to some members of a set is taken too quickly as evidence that the whole set possesses that property. Similarly the fallacy of division is often very close to the fallacy of accident, in which a generalization that is accidentally true of a collection is applied to an instance where it is untrue. The the argument that I am going to analyze is for mthe most part implicit, it will be hard to disentangle and identify precisely the fallacy that it commits.

This argument is a favorite of the talk show pundits–and any conscious viewer, I suspect, is aware of the fallacy even if she or he is not able to identify it precisely. It is usually combined with a straw man fallacy to create its persuasive effect. At the risk of belaboring the obvious here’s the logical analysis.

John Leo in a muddled column in the U.S. News and World Report (Source: USNWR 8/805) argues that the liberal Left does not take terrorism seriously.

>In the wake of the London bombings, New York City is now searching the bags of subway riders. As you might expect, this is provoking the usual cluster of perverse reactions. Someone on Air America, the liberal talk radio network, suggested that riders carry many bags to confuse and irritate the cops.

Far more troubling than the anonymous source in journalism is the uncredited, unsourced, and unexplained “someone” or “some argue” that is the staple of sloppy punditry. This allows the writer to attribute a view (often one they can’t find a credited source for) to someone vaguely associated with their real targets.

>From the first moments after the attacks of 9/11, we had indicators that the left would not be able to take terrorism seriously. Instead of resolve, we got concern about emotional closure and “root causes,” warnings about the allegedly great danger of a backlash against Muslim Americans, arguments that violence directed at America is our own fault, and suggestions that we must not use force, because violence never solves anything. “We can’t bomb our way to justice,” said Ralph Nader.

What’s important here is that Leo picks and chooses a series of seemingly idiosyncratic responses to terrorism from people who may be on the “left,”(but without doing his job and identifying these people). These views, or the unseriousness of them, are then attributed to the whole, i.e., the liberal left. We are given two more pieces of evidence. The first a series on the BBC (“a perennial leader in foolish leftism,”) which claimed:

>arguing that terrorism is vastly exaggerated. Al Qaeda barely exists at all, the series argued, except as an idea that uses religious violence to achieve its ends. Besides, the series said, a dirty bomb would not kill many people and may not even kill anyone.

The second, an unnamed writer, in the NYRB who claims:

>that the real weapons of mass destruction are world poverty and environmental abuse.

So here we have it. The evidence that the left is unserious about terrorism. But can we infer this from particular beliefs held by the left? We would have to consider more closely the meaning of this “collective term.” But let this suffice for the time being: it seems clear that there are many beliefs and attitudes held by people who are in general “on the left” that are not held by all. Thus, any argument would need to show that these beliefs are held prominently on the left, or even universally. Did significant members of Congress on the left assert these things? Did the major publications on the left argue for these positions? Do most of the core members of the left accept these views?

Depending upon how we state the argument there seems either to be a fallacy of composition or a “hasty generalization.” Either way, the conclusion does not seem to be justified.

In Leo’s column, we don’t find this argument displayed with the full force that we find on the “O’Reilly Factor,” or in a great deal of what Ann Coulter writes. The next two steps of the argument are generally to then impute these claims to particular members of the left (as a sort of fallacy of division) and then argue against them. This is taken then as a refutation of the particular person’s views whatever they in fact are.

Will on Frist’s stem cell flip flop

We can’t be all negative all of the time. Sometimes praise should be given where it is due. Today, suprisingly, George Will takes on those on the extreme right who would challenge what he takes to be Bill Frist’s eminently reasonable and (as it turns out) scarcely modified position on stem cell research. According to Will,

many thoughtful people fear that the House-passed legislation puts the nation’s foot on a slippery slope leading to such a commodification of life.

This is not a thoughtful way to argue, as Will correctly points out:

Life, however, is lived on a slippery slope: Taxation could become confiscation; police could become gestapos. But the benefits from taxation and police make us willing to wager that our judgment can stop slides down dangerous slopes.

Good points all of them. We might add that the slippery slope is not some kind of physical or logical law; it’s a fallacious form of argument, an error in reasoning, and therefore a form of deception.

Unfortunately, Will cannot sustain this positive momentum; he is quick to return to battle the straw men that populate the imaginary cohorts of his argumentative opposition. In the first place, he cannot help himself from quoting a doctored version of a John Edwards quote about stem cell research under a Kerry presidency. Will says,

It is carelessly said, and hence widely believed, that in 2001 President Bush halted ongoing stem cell research — “banned” it — thereby denying suffering Americans imminent medical marvels. Remember John Edwards’s fantasy that “when John Kerry is president, people like Christopher Reeve are going to walk, get up out of that wheelchair and walk again.”

First, probably few people believed that. Second, John Edwards never said that. What he said was this:

Christopher Reeve just passed away. And America just lost a great champion for this cause. Somebody who is a powerful voice for the need to do stem cell research and change the lives of people like him, who have gone through the tragedy. Well, if we can do the work that we can do in this country — the work we will do when John Kerry is president — people like Christopher Reeve are going to walk. Get up out of that wheelchair and walk again.

Which is more or less what Bill Frist is saying. In the second place, Will takes issue with those who would question the motives of either Frist or Bush on the matter of stem cells (or for any question of deeply held beliefs).

The minor disagreement between Bush and Frist refutes the crackpot realism of those who cannot fathom the fact that people in public life often do what they do because they think it is right. Both Bush and Frist have thought seriously about this subject and come to mildly divergent conclusions. But neither conclusion crosses the scarlet line of supporting the creation of embryos to be mere sources of cells. And neither conclusion is the result of the sort of slapdash thinking that exaggerates the differences between them and explains those differences in terms of banal political calculations.

Will is certainly correct to point out that one should critique an opponent’s views on their merits, not on the motivations for them. But Will should also know–and he relished the Kerry flip-flop talk as much as the next conservative–that politicians do very little by accident (isn’t that what their media advisors are for?); so people are rightly skeptical. Besides, even though he is returning to his original position on the matter, Frist has stopped supporting the President’s position of stem cell research (he even apprised the President of this fact in a phone call before the change became public). It makes perfect sense then to ask that, if the facts surrounding the President’s policy have not changed, why has Frist stopped supporting it (or why has he returned to his original position)? In the end Will’s insistence on the principle of charity–on considering the stated justifications for someone’s position–for such thoughtful people as *Bush and Frist* (but not, mind you, for academics) raises another more important question: how do we decide when to apply, as Will has here, the principle of charity? I suggest we do so all of the time.

The Materialist Ideology of the Dukes of Hazard and False Cause Fallacies

Michael Medved in yesterday’s USAToday (Source: UT 7/26/05) opines that the slackening movie market is a result of the misfit of Hollywood’s materialist liberal ideology in a conservative and “values” based society. It is difficult to treat this as an argument since Medved seems to possess the ideologues’ faith that justification is not needed and the loudest most confident assertion will persuade. Nonetheless it seems to involve a claim that the divergence in ideology is the best explanation because it is the cause of Hollywood’s woes.

After a brief description of these economic woes, Medved dismisses insiders’ claims about the causes of these woes

>Meanwhile, conventional wisdom ignores all ideological considerations in explaining the sudden box office collapse, concentrating instead on purely material excuses (high ticket prices, availability of DVDs) that have, frankly, applied for years. This knee-jerk tendency to offer direct, physical solutions to deep-seated problems constitutes an unmistakable element in the liberal outlook that remains Hollywood’s reigning faith.

>Revealingly, none of the studio honchos talked about reconnecting with the public by adjusting the values conveyed by feature films, and replacing the industry’s shrill liberal posturing with a more balanced ideological perspective.

It’s not clear what this is thought to reveal, but Medved seemingly suggests that the fact that the industry insiders do not consider a “spiritual” cause is evidence of their liberal bias. But this does not seem to be more significant than my doctor’s silence about Ebola virus during my last appointment. Before the honchos’ silence could be taken to reveal what Medved is already persuaded it means, we need some reason to believe that the cause is spiritual.

>Something clearly changed between 2004 and 2005 to cause an abrupt drop-off at the box office, and the most obvious alteration involved Hollywood’s role in the bitterly fought presidential election. The entertainment establishment embraced John Kerry with near unanimity — and bashed George W. Bush with unprecedented ferocity.

And here we find a beautiful example of the fallacy of the false cause or more precisely of post hoc propter hoc (“after this, because of this”). In order to argue a causal connection between two events you must show more than temporal succession and hypothesized relation. If Medved had any evidence whatsoever that Hollywood’s troubles were caused by their “values” (i.e., some independent evidence, market reseach, sociological data, even anecdotal evidence!), then it would be reasonable to go looking for an event that could have caused this. But of course, Medved has nothing other than his own feeling that this is the problem and so his causal argument becomes ridiculous. There is no more reason to believe that the 2004 election is the cause of Holloywood’s economic problems than there is to believe that the Boston Red Sox winning the world series was the cause.

>Despite efforts by entertainer activists, a majority of voters cast their ballots for Bush. If even a minority of those 62 million GOP voters — say, 20% — reacted to Hollywood’s electioneering by shunning the multiplex, it could easily account for the sharp decline in ticket sales after Bush’s re-election.

Once again, showing that something could cause something else is a far cry from showing that it did cause it.

Medved does advance the box-office success of the Passion of Christ as a reason to think that there is a national desire for religious values in movies. But one piece of data cannot prove a causal relation. If it was the cause then we would expect that this hunger for religious movies to have caused a long stagnation in movie attendance since Charlton Heston parted the red sea.

But, of course, proving the claim is not Medved’s real concern. The last three paragraphs of his column are a tirade against liberal “materialism” which offers supposedly failed solutions to “threats to the family from out-of-wedlock births,” crime, poverty, and terrorism. And if that’s not bad enough, Hollywood is turning to Oliver Stone to make its first 9/11 action movie. Medved doesn’t seem to need evidence or argument for his view–it exists in an ideological space impervious to the expectation of reasoning.

>Meanwhile, Tinseltown will continue to weep and mourn as long as its bosses depend on the likes of Stone to portray the worst terrorist attacks in our history. Americans aren’t stupid, and we’re not all apolitical; many (at least a third) are even self-consciously conservative in both politics and values.

I suspect that a more plausible claim is that Tinseltown will continue to weep and mourn for as long as it continues to expect us to attend re-makes of the Dukes of Hazard.

Once more into the argument’s breach

Over the past several weeks, the Weekly Standard has been running a series of articles on the evidence for the administration’s claims that Saddam Hussein and al Qaeda were in some significant way working together to achieve their ends. The series seemed to be kicked off by Hugh Hewitt’s subtlely titled “Breeding Stupidity” (Source: WeekStand 7/14/05). Hewitt is attempting to refute two positions on the left:

>The first is that Saddam Hussein and al Qaeda were not connected.

>[The second] Iraq is a breeding ground for terrorists.

The first is rejected on the basis of evidence and argument that I hope to return to in the future.

The bulk of breeding stupidity involves the second claim, which we have examined in several forms over the past couple of weeks. It involves the question of the causes of terrorism. Here Hewett argues that the “left” does not have adequate evidence for the claim that Iraq is breeding terrorists. Invoking an interesting distinction, he argues:

>The fact that foreign fighters are streaming across Syria into Iraq in the hopes of killing America is not evidence supporting the “breeding ground” theory. “Opportunity” to act is not the same thing as “motive” for acting. There is zero evidence for the proposition that Iraq is motive rather than opportunity, but the “motive” theory is nevertheless put forward again and again.

Distinguishing between the “opportunity” to fight the U.S. in Iraq and being motivated to fight the U.S. by the invasion of Iraq is a subtle distinction. Nonetheless, Hewett doesn’t argue his point, he simply asserts the absence of evidence that Iraq is motivating terrorists.

>As recently as Wednesday the Washington Post account of the aftermath of the London bombings included the incredible–and unsubstantiated in the article–claim that the “the profile of the suspects suggested by investigators fit long-standing warnings by security experts that the greatest potential threat to Britain could come from second-generation Muslims, born here but alienated from British society and perhaps from their own families, and inflamed by Britain’s participation in the Iraq war.”

But, the WaPo cannot be right because Tony Blair rejects this view:

>Blair disputed the idea “that the London terrorist attacks were a direct result of British involvement in the Iraq war. He said Russia had suffered terrorism with the Beslan school massacre, despite its opposition to the war, and that terrorists were planning further attacks on Spain even after the pro-war government was voted out. “September 11 happened before Iraq, before Afghanistan, before any of these issues and that was the worst terrorist atrocity of all,” he said.

Even putting the argument in the mouth of Tony Blair does not make the argument any stronger. As I have had occasion to show several times recently the equivocation between the specific act and the general phenomena makes this argument fallacious as can be easily seen in this quotation.

But, Hewitt offers three further reasons:

>While it is theoretically possible that some jihadists were forged as a result of the invasion of Iraq, no specific instance of such a terrorist has yet been produced.

>Reports in the aftermath of the London bombings indicated that the British intelligence service estimates more than 3,000 residents of Great Britain had trained in the Afghanistan terrorist camps prior to the invasion of Afghanistan–which suggests that the probability is very high that most of the jihadists in England date their hatred of the West to some point prior to the invasion of Iraq.

>And though two of the London bombers appear to have traveled to Pakistan for religious instruction post-March 2003, there is not the slightest bit of evidence that it was Iraq which “turned” the cricket-loving young men into killers. In fact, it is transparently absurd for anyone to claim such a thing.

The first argument is an argument from an absence of evidence. If this is being used to defend the claim that “Iraq is not a breeding ground of terrorism” then it is fallacious–an instance of a fallacy of ignorance. But, charitably and despite the recalcitrance of his rhetoric to logical control, we can take this as a restatement of the claim that the belief is being held without adequate evidence.

The second argument is interesting. Once again, the argument works by showing that there was some involvement with radical and militant islamists prior to the invasion of Iraq, which would imply that that invasion could not have caused the prior involvement. What the argument seems to ignore is that thousands and perhaps tens of thousands of people may have “trained in these camps.” Yet, presumably the vast majority do not commit terrorist acts for one reason or another. So the important causal question, is what prompts particular trained militants ultimately to act? And then, is the Iraq war giving these militants more motivation to act?

The final argument is a textbook example of “begging the question”: The kind of example that we explain to students they will almost never encounter so unsubtely deployed.

Hewitt finishes his article with some speculation as to the motivations for this belief, having convinced himself that there is no evidence in favor of it.

>Of course it’s a convenient stick with which to beat the Bush administration. But it has a far more powerful lure than that.

>As the bloody toll of the Islamist movement grows and its record of horrors lengthens from Bali to Beslan to Madrid to London, the incredible cost that can only be attributed to the Afghanistan metastasis that went unchecked from the time of bin Laden’s return there in 1996 until the American-led invasion of 2001 becomes ever more clear.

The real motivation according to Hewett is to conceal the causal role that four years of a Democratic administration’s “inaction” on bin Laden played in all of the terrorism that has occurred since or presumably will occur in the future.

>Christopher Hitchens sharply rebuked the “motive” school of terrorist psychologists: “I thought I heard you making just before we came on the air, of attributing rationality or a motive to this, and to say that it’s about anything but itself, you make a great mistake, and you end up where you ended up, saying that the cause of terrorism is fighting against it, the root cause, I mean.” [emphasis added]Hitchens’s point, which must be made again and again, is Blair’s point: The killers are killers because they want to kill, not because the coalition invaded Iraq, or Afghanistan, or because there are bases in Saudi Arabia, or because Israel will not retreat to the 1967 borders.

This argument, even concealed under Hitchen’s rambling blather, is unconvincing, as we have attempted to show over and over again. In order to argue that administration policies are not causing terrorism, Hitchens and others retreat to the position that nothing is motivating terrorism. One could argue quite plausibly that Iraq is not the sole cause of terrorism, but the administration’s shills cannot admit this much as it would suggest that Iraq plays some causal role.

Beneath all of the Hewett’s bluster we find that his argument is ultimately and simply the assertion that there is no evidence that Iraq is breeding terrorists. But the absence of evidence does not show the claim is false. If the alternative claims (1996-2000 Afghanistan is the cause or there is no cause for terrorism) were at all plausible, or had any evidence adduced for them, then it might be unreasonable to continue to hold this claim. But, this is as far as our analysis can take us.

“Public” word games and the Establishment Clause

In yesterday’s Washington Post, William Raspberry ceded the job of thinking about the relationship between church and state to Kevin “Seamus” Hasson of the Becket Fund for Religious Liberty (Source: WaPo 7/11/05).

According to Hasson, the “problem” with the decision in McCreary County, Kentucky, et al. v. ACLU of Kentucky et al., is that it considers the intention motivating governmental displays of religious objects in deciding whether they violate the first amendment’s establishment clause (Source: Findlaw).

Hasson, like many religious conservatives attempting to find an anti-religious stance in governmental neutrality, when there is little reason to find it, he simply asserts it. For example, he argues against the test for religious purpose as follows:

>”The ‘predominantly religious’ test suggests that anything not predominantly secular must be religious. It in fact has strong anti -religious overtones.”

If it is the case that “secular” here means “non-religious” then, yes, anything not predominantly non-religious must be predominantly religious. How one finds “strong anti-religious overtones” in this tautologically true sentence, however, is a bit mysterious.

But his purpose is to assert that the requirement of neutrality leads precisely to this hostility–not, of course, on the basis of any evidence or argument:

>”There’s nothing in common sense — and certainly nothing in the First Amendment — that requires government hostility to publicly expressed religion, which is where the requirement that government be ‘secular’ takes you,” he says.

Everyone would, I take it, grant that the first amendment does not requires the government to be hostile to publicly expressed religion (since it is, in fact, designed to guarantee that possibility). It obviously does not follow, however, that the “requirement that government be ‘secular’ implies such a hostility (at least not without considerable argument that Hasson neglects to offer). One might as well argue that because umpires are required to maintain neutrality betwen the teams that they are therefore hostile to the teams.

But Raspberry opines:

>Hasson is not just playing word games. He thinks the notion that religion should be expressed only in private — and never in the context of government — is a serious misreading of human nature.

But Raspberry’s protestation aside, we can easily see that Hasson is in fact just “playing word games”–specifically, he is confusing, whether deliberately or not, two senses of “public” (and so also two senses of “private”).

>We don’t believe in private because we don’t live in private,” . . .”This has always been the case. We believe, so we daub paint on prehistoric cave walls, spend generations building cathedrals, sculpt the David, compose the ‘Messiah’ and write ‘The Brothers Karamazov.’ The personal thing to do is, and always has been, not to keep our beliefs private but to express them in culture. . . . It’s how we’re made.”

In one sense, the word means something like displayed/occuring socially (as in, “public drunkenness”)and in the other it means displayed/occuring socially by the government (as in, “public works”). Certainly public (as in drunkenness) religious displays should be protected by the courts. But the First Amendment seems to, fairly clearly, require that the government not engage in public (as in works) displays of religious establishment. And, as the courts have reasonably argued, the display of the ten commandments for non-predominantly secular purposes amounts to such a public establishment.

But Hasson isn’t finished trying to muddy the waters:

>”Religion has a natural role in culture — almost like ethnicity. And both, being categories over which people have killed each other, require scrutiny. But isn’t it interesting that our courts are never clogged with Anglophiles trying to enjoin St. Patrick’s Day parades, or with whites and Asians trying to stop Black History Month? Mayors can — and do — wear green on March 17, while taking no position on the relative merits of being Irish. It should be the same with Christmas and Hanukah.”

This is clearly a bad analogy. Certainly mayors wear green and crosses or whatever else they as individuals would like publicly (as in drunkeness) to display. Setting aside that the holiday is a secular one for most participants–they cannot, establish it as a public (as in works) holiday.

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.”