Category Archives: Fallacies of ambiguity

Lower the bar

No surprise that Bill Kristol thinks the surge is working.  He cites the reduction in violence as well as the passing of a de-Baathification law as evidence.  First, the violence:

The Democrats were wrong in their assessments of the surge. Attacks per week on American troops are now down about 60 percent from June. Civilian deaths are down approximately 75 percent from a year ago. December 2007 saw the second-lowest number of U.S. troops killed in action since March 2003. And according to Lt. Gen. Ray Odierno, commander of day-to-day military operations in Iraq, last month’s overall number of deaths, which includes Iraqi security forces and civilian casualties as well as U.S. and coalition losses, may well have been the lowest since the war began.

Before he gets to the other point (the one about politics–the goal of the surge after all), he snidely asks:

Do Obama and Clinton and Reid now acknowledge that they were wrong? Are they willing to say the surge worked?

The second question has a kind of complex question flavor to it: it's not a matter of willingness to say the surge worked, rather, it's a question of whether the surge has worked.  One can hardly be surprised that Kristol takes the slimmest of evidence of success as evidence of glorious success (he thinks the invasion of Iraq ought to serve as a template for the invasion of Iran, so for him the whole experience has been awesome).  But even he ought to realize that the political goals–what were called benchmarks–were the goals of the surge, kinda like the war and violence has a political objective.  Those goals, by any honest measure, have not been met.  The one Kristol mentions:

And now Iraq’s Parliament has passed a de-Baathification law — one of the so-called benchmarks Congress established for political reconciliation.

hardly counts.

Annus horribilis

The Washington Post listed their 10 most viewed opinions of the year.  A couple were by Dan Froomkin.  The winner was, however, an article by Liz, daughter of the VP, Cheney (in the original op-ed, she was not identified as his daughter–which, if you follow the link, led to rather silly slippery slope arguments by the perpetually permalosa Post Ombudsman, Deborah Howell.  To its rare credit, the Post doesn't make any claims about the quality of the top ten.  Nor should they.  Here's just a sample of Cheney's razor sharp mind:

· We are at war. America faces an existential threat. This is not, as Speaker Nancy Pelosi has claimed, a "situation to be solved." It would be nice if we could wake up tomorrow and say, as Sen. Barack Obama suggested at a Jan. 11 hearing, "Enough is enough." Wishing doesn't make it so. We will have to fight these terrorists to the death somewhere, sometime. We can't negotiate with them or "solve" their jihad. If we quit in Iraq now, we must get ready for a harder, longer, more deadly struggle later.

As one of my grad profs (rightly) said (to me): italicizing doesn't make it any clearer.  The rest of the paragraph just runs together any number of basic logical fallacies–straw man, equivocation, false dichotomy, false cause, and so on.  For a good year end laugh at Cheney's expense–read the rest.

Happy New Year to all.

**After writing this, I realized I had mentioned this article before, but this is all I had to say about it:

It’s hard to have a conversation about the foolishness of ever having started the war in Iraq without running into people who accuse you of not wanting to win. I suppose they (probably purposely) confuse you’re believing you’re right about an unwinnable war with your wishing reality would conform to your beliefs. You–the opposer of the Iraq war–think rather that your belief corresponds in some philosophically uninteresting way with reality–not t’other way round. Such a basic confusion is the only explanation behind Liz Cheney’s guest op-ed in the Washington Post.

I'd say the same thing again today.  

Happy New Year again to everyone.

Suppressed Will

Today George Will goes after the Democratic congress for failing to avoid his misleading sarcasm.  The first charge, earmarks:

Hellbent on driving its approval rating into single digits, Congress adjourned after passing an omnibus spending bill larded with at least 8,993 earmarks costing at least $7.4 billion — the precise number and amount will be unclear until implications of some obscure provisions are deciphered. The gusher of earmarks was a triumph of bipartisanship, which often is a synonym for kleptocracy.

That first clause has a kind of causal ring to it I think, as if the cause of The Congress' low approval ratings were earmarks, lots of them.  On that presumption, the approval ratings of Congress ought to be higher than before.  Earmarks, under the Democrats, are down:

Democrats in Congress with the encouragement of President Bush vowed this year to seek a 50% reduction in federal budget "earmarks" — projects and programs inserted into spending bills by members of Congress to benefit their states or districts.

As it turns out, they didn't quite get there. How far they got depends on whose accounting method is used.

Democrats say they cut earmarks by 43%, to $9.2 billion, but they don't count water and military construction projects in their calculations. Those are mostly merit-based and less controversial than others.

Watchdog groups such as Taxpayers for Common Sense say the reduction is closer to 25%, once all earmarks are counted. They count 11,144, for $15.3 billion.

The White House puts the reduction at a meager 13%. Its Office of Management and Budget said Tuesday that the final spending bill, which was passed by the House on Monday and won Senate approval Tuesday night, would bring the total spent on earmarks to $16.4 billion. That's 87% of the 2005 peak, according to OMB's figures.

And the rest of this mendacious (that's a word Will would use) piece continues along the same lines: (a) misrepresent (by leaving out crucial facts) some Democratic achievement, (b) make sarcastic remark about how it either (i) fails some kind of consistency test or (ii) fails some kind of test of basic rationality.

Someone said–maybe Digby–that we continue to believe that our political discourse has to be this way, as if this were the logical consequence of our democratic system.  I fail to see how it is the case that we need people like Will, who in addition to the habitual abuse of logic, simply misrepresent facts.  Can't the Post put a fact-checker between his column and print?  The same for everyone.  Opinion pieces, as we all know here, are composed of factual assertions.  Those have to be correct in order for the opinions to be worth reading.  It would be extra special if they had a logic checker–one thing at a time.

One final, unrelated point.  With so many silly posts on this website, would anyone mind telling me what their favorite one of the past year was?  Jon Swift seems to be having a kind of contest.

La femminista

Anne Applebaum gripes about how "feminism" cares not about issues that matter to real women.  She writes:

By contrast, the women of contemporary Saudi Arabia need a much more fundamental revolution than the one that took place among American women in the 1960s, and it's one we have trouble understanding. Unlike American blacks, American women have not had to grapple with issues as basic as the right to study or vote for a long time. Instead, we have (fortunately) fought for less fundamental rights in recent decades, and our women's groups have of late (unfortunately) had the luxury of focusing on the marginal. The National Council of Women's Organizations' most famous recent campaign was against the Augusta National Golf Club. The Web site of the National Organization for Women (I hate to pick on that group, but it's so easy) has space for issues of "non-sexist car insurance" and "network neutrality," but not the Saudi rape victim or the girl murdered last week in Canada for refusing to wear a hijab.

The reigning feminist ideology doesn't help: The philosopher Christina Hoff Sommers has written, among other things, that some American feminists, self-focused and reluctant to criticize non-Western cultures, have convinced themselves that "sexual terror" in America (a phrase from a real women's studies textbook) is more dangerous than actual terrorism. But the deeper problem is the gradual marginalization of "women's issues" in domestic politics, which has made them subordinate to security issues, or racial issues, in foreign policy as well.

American delegates to international and U.N. women's organizations are mostly identified with arguments about reproductive rights (for or against, depending on the administration), not arguments about the fundamental rights of women in Saudi Arabia or the Muslim world.

Until this changes, it will be hard to mount a campaign, in the manner of the anti-apartheid movement, to enforce sanctions or codes of conduct for people doing business there. What we need as a model, in other words, is not the 1960s feminism we all remember but a globalized version of the 19th-century feminism we've nearly forgotten. Candidates for the role of Elizabeth Cady Stanton, anyone?

In the first place, no one ought to be surprised that the National Organization for Women take issue with national issues, as they are are national organization.  Pointing out the "small" or "quaint" injustices with which they occupy themselves does not mean their members are not concerned or involved as women of international organizations with the plight of women in Saudi Arabia, or better, Afghanistan.  Those, however, are international issues.  

At the heart of Applebaum's astoundingly silly analysis, is the view that somehow concern for gender issues in America precludes one from being concerned about them in Canada or elsewhere.  Even dumber than that is the idea that one get a total picture of "reigning feminist ideology" from skimming the works of one "feminist" philosopher and clicking to the web pages of two different organizations.  Before she makes those claims, she should try a little harder, perhaps use the search function.

Aqua-vocation

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

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

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

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

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

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

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

I fought the law

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

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

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

It gets worse:

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

God forbid.

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

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

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

She continues:

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

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

The original

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

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

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

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

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

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

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

Principle limitation

This claim strikes me as a fairly disingenuous interpretation of “Catholic Social Thought”:

>The difference between these visions is considerable. Various forms of libertarianism and anti-government conservatism share a belief that justice is defined by the imposition of impartial rules — free markets and the rule of law. If everyone is treated fairly and equally, the state has done its job. But Catholic social thought takes a large step beyond that view. While it affirms the principle of limited government — asserting the existence of a world of families, congregations and community institutions where government should rarely tread — it also asserts that the justice of society is measured by its treatment of the helpless and poor. And this creates a positive obligation to order society in a way that protects and benefits the powerless and suffering.

It will all depend, of course, on what one means by “limited” or even perhaps, “principle.” Both liberals and conservatives want “limited” government “in principle”. Pointing out that principle in defense of this or that merely demonstrates the degree to which one fails to understand that reference to ambiguous principles resolves nothing.

As if it were yesterday

Sometimes it seems like so long ago that we marched off to war in Iraq. For some, that distance has blurred their memory of events. Writing the "grown-ups" or, as it has become known in the blogosphere, the "very serious persons," foreign policy piece, Sebastian Mallaby, professional contrarian, illustrates that very smart looking people can make some really silly arguments:

Clinton's rivals are contemplating history and deriving only a narrow lesson about Bush: Don't trust him when he confronts a Muslim country. But the larger, more durable lesson from Iraq is that wars can be caused by a lack of confrontation. The Iraq invasion happened partly because the world had lost the stomach to confront Saddam Hussein by other means. By 2002, the sanctions on Hussein's regime had been diluted, and there was pressure to weaken them further. Hussein was no longer "in his box," to use the language of the time: If you believed that a resurgent Saddam Hussein presented an intolerable threat, it was worth taking the risk of unseating him by force, sooner rather than later.

Alone among the Democratic candidates, Clinton has the honesty to insist that the case for war was reasonable at the time — even if, with the benefit of hindsight, the invasion has proved disastrous. In sticking to that politically difficult position, Clinton is saying that, despite its awful risks, war can sometimes be the least bad choice. She is not running away from military power, even in a political climate that makes running attractive.

That's not how I remember it. Nonetheless, more annoying that Mallaby's ignorant contextualizing of history ("at the time") is his pointless hypothetical ("If. . . "). The point of history is not to relive it, but to learn from it: one can learn from history because we know what happened. And you can't forget that all of the things said by Bush, et alia, about a resurgent Saddam were false–false in the sense of not being true.

If you believed that they were true, indeed, then you believed that Saddam posed a threat. But you had a false belief. And more than that. Bush's false belief about Saddam was rather less justified than Joe Citizen's: Bush and his war making party had access to facts that made the case for war against Saddam even less justified than it otherwise appeared. Mallaby writes all of this on the manifestly silly premise that any opposition to Bush's policies–foreign or domestic–can only be explained by the silly ad hominem of Bush derangement syndrome.

I suppose it's "deranged" and "immature" to have been right.

Sicut Philosophus docet in II Ethicorum

George Will, comedian:

>Explaining a simple proposal to help people squirrel away gold for their golden years, Hillary Clinton said that a person “should not require a PhD to save for retirement.” But can even PhDs understand liberalism’s arithmetic and logic?

This is funny. He says little about either arithmetic or logic, but a lot about the meanings of words:

>SCHIP is described as serving “poor children” or children of “the working poor.” Everyone agrees that it is for “low-income” people. Under the bill that Democrats hope to pass over the president’s veto tomorrow, states could extend eligibility to households earning $61,950. But America’s median household income is $48,201. How can people above the median income be eligible for a program serving lower-income people?

The Stagirite offers again some simple and obvious instruction:

>How this is to happen we have stated already, but it will be made plain also by the following consideration of the specific nature of virtue. In everything that is continuous and divisible it is possible to take more, less, or an equal amount, and that either in terms of the thing itself or relatively to us; and the equal is an intermediate between excess and defect. By the intermediate in the object I mean that which is equidistant from each of the extremes, which is one and the same for all men; by the intermediate relatively to us that which is neither too much nor too little- and this is not one, nor the same for all. For instance, if ten is many and two is few, six is the intermediate, taken in terms of the object; for it exceeds and is exceeded by an equal amount; this is intermediate according to arithmetical proportion. But the intermediate relatively to us is not to be taken so; if ten pounds are too much for a particular person to eat and two too little, it does not follow that the trainer will order six pounds; for this also is perhaps too much for the person who is to take it, or too little- too little for Milo, too much for the beginner in athletic exercises. The same is true of running and wrestling. Thus a master of any art avoids excess and defect, but seeks the intermediate and chooses this- the intermediate not in the object but relatively to us.

“Low income” is much like quantities of food for ancient Greek wrestlers: it’s relative to how big you are (your family that is) and where you live.