Category Archives: Fallacies of ambiguity

Sabotage or Enforcing Equal Protection?

Maggie Gallagher has been doing some reading, and she's found that Richard Epstein, a libertarian legal theorist, opposes the way the Department of Justice and the lower courts have been chipping away at the Defense of Marriage Act.  She approvingly quotes Epstein:

I … think that the DOJ's faint-hearted advocacy is no way to run a legal system…. Nor is it wise for courts to use the equal protection clause as a club against conventional morality, deeply felt.

In the title of her posting, Gallagher calls these decisions that merely allow same-sex partners of federal employees access to federally mandated family benefits (such as health and dental coverage, at issue in the Gill vs Office of Personal Management) sabotage of electoral politics and morality.

Strange, but the question of equal protection isn't about reflecting the moral judgment of the majority.  It's about ensuring minority rights and protections.    And saying it is a question of "deeply felt" moral conviction is to betray the expressed intent and justification of the law, that of "responsible procreation."  Turns out the DOMA was really just majoritarian moralizing all along, only dressed up as a public health initiative.  Thanks, Maggie Gallagher, for pulling the curtain back.

That’s icky, your argument is invalid

Deep Christian thinker Mike Huckabee on teh gay (from a New Yorker Interview via Crooks and Liars):

One afternoon in Jerusalem, while Huckabee was eating a chocolate croissant in the lounge of the Crowne Plaza Hotel, I asked him to explain his rationale for opposing gay rights. “I do believe that God created male and female and intended for marriage to be the relationship of the two opposite sexes,” he said. “Male and female are biologically compatible to have a relationship. We can get into the ick factor, but the fact is two men in a relationship, two women in a relationship, biologically, that doesn’t work the same.”

I asked him if he had any arguments that didn’t have to do with God or ickiness. “There are some pretty startling studies that show if you want to end poverty it’s not education and race, it’s monogamous marriage,” he said. “Many studies show that children who grow up in a healthy environment where they have both a mother and a father figure have both a healthier outlook and a different perspective from kids who don’t have the presence of both.”

In fact, a twenty-five-year study recently published by the American Academy of Pediatrics concluded that children brought up by lesbians were better adjusted than their peers. And, of course, nobody has been able to study how kids fare with married gay parents. “You know why?” Huckabee said. “Because no culture in the history of mankind has ever tried to redefine marriage.”

But in the Old Testament polygamy was commonplace. The early Christians considered marriage an arrangement for those without the self-discipline to live in chastity, as Christ did. Marriage was not deemed a sacrament by the Church until the twelfth century. And, before 1967, marriage was defined in much of the United States as a relationship between a man and a woman of the same race.

Regardless of the past, wouldn’t Huckabee be curious to know whether allowing gay people to marry had a positive or negative effect on children and society?

“No, not really. Why would I be?” he said, and laughed.

Because saying that something ought to be a certain way simply because that’s the way it supposedly has always been is an awful lot like saying “because we said so.” And Huckabee is supposed to be the guy who questions everything.

I think it's reasonably fair to say that Huckabee is full of crap.  The "ick facktor" is not an argument–unless you're talking about putting parmesan cheese on seafood, in which case it is, and your argument is invalid. 

But really seriously. 

Here is an allegedly intelligent guy who claims evidence for his view that isn't evidence for his view.  The idea that monogamy decreases poverty doesn't exclude gay monogamy.  But worse than that, everyone ought to know from anthro 101 that marriage has been "defined" (I really wish we could stop using this sneaky Platonism) in myriad ways in different cultures (and even in the very Bible Huckabee allegedly believes in).  Finally, Huckabee ought at least to be open to the idea that the evidence does not support his prejudices–but no.  That would be asking too much. 

Now in case you think Huckabee has been misquoted or treated unfairly here by the New Yorker (a claim I expect to be forthcoming), consider the following:

As governor of Arkansas, Huckabee successfully championed laws that prevented gay people from becoming foster parents and banned gay adoptions. “Children are not puppies—this is not a time to see if we can experiment and find out how does this work,” Huckabee told a student journalist at the College of New Jersey in April. “You don’t go ahead and accommodate every behavioral pattern that is against the ideal. That would be like saying, ‘Well, there are a lot of people who like to use drugs, so let’s go ahead and accommodate those who want to use drugs. There are some people who believe in incest, so we should accommodate them.’ ” These comments proved unpopular. On his Web site, Huckabee accused his interviewer of trying to “grossly distort” and “sensationalize my well known and hardly unusual views” about homosexuality. The student publication then posted the audiotape of the interview online. Huckabee had not been misquoted.

Now one thing I'm certain the Bible says is "thou shall not bear false witness."

3/5ths

Lately I've been thinking of making some modifications to my usual practice here.  One thought is that I should wander into some of the darker corners of the internet (by which I mean the National Review or Ann Coulter's website–if she has one, but she probably does).  One reason for this is that it's a sure bet you'll find something really silly.  Another reason is that I confess I sometimes think I'm guilty of the philosopher disease: shoddy and imperfect public discourse is too uninteresting to bother with (oddly enough, this disease produces two contrasting sets of symptom: (1) ignoring shoddy public discourse while engaging in the same; (2) being overly charitable to shoddy public discourse because it's not worth one's time to look at crappy arguments).  Well, crappy arguments exist, they really do.

And you don't need most of the time to leave the hallowed pages of the major dailies to see them.  Take this little gem from our favorite paralogist, George Will:

The name "progressivism" implies criticism of the Founding, which we leave behind as we make progress. And the name is tautological: History is progressive because progress is defined as whatever History produces. History guarantees what the Supreme Court has called "evolving standards of decency that mark the progress of a maturing society."

The cheerful assumption is that "evolving" must mean "improving." Progressivism's promise is a program for every problem, and progressivism's premise is that every unfulfilled desire is a problem.

Funny.  "Liberalism"–Will's usual name for the hollow man brigade he attacks–implies and endorsement of the "Founding" ("liber" means "free" or "book" or "child," well anyway).  Nonetheless, this has to be one of the sillier things he's written of late.  In the first place, a progressive, I would imagine, does not define his view tautologically, as Will says.  I think rather they have a pragmatic definition: are things working better, as in, "did you make any progress on the problem of the oil spilling in the Gulf of Mexico? " "No, we've made no progress.  Time has marched forward, so we have progressed into the future mind you, but we haven't made any progress with regard to our goal of an oil free Gulf of Mexico."  See, it's just not that hard. 

Second, in that phrase he quotes from the SCOTUS, evolving does mean "improving."  Oftentimes, however–at least in a scientific context–it doesn't. 

These objections of Will's are just silly.  Besides: didn't the "Founding" leave much to be improved upon?  After all, we had to declare that corporations were persons.  Also women.  And African Americans.

I admire those who are wrong

The other day the Washington Post published a piece by a professor of politics at the University of Virginia (Gerard Alexander) called "Why are liberals so condescending?" (we discussed it here).  It remains today a few days later one of the most emailed articles on the Post's website, so it's worth looking at it in more detail.  To be fair to this juvenile piece, however, would be a labor of many days, so I'd just like to point out a few quick items. 

First off, the title has the ring of a complex question: that is two questions, one unfairly assumed to get to the other.  What the author ought to establish is whether liberals are more condescending than conservatives (in similar circumstances), or whether liberals are particularly condescending.  Once he established this, then he can ask the follow up question: why are they this way to such a degree (as we have established)?  His failure to understand this elementary logical notion makes me look down on him.

Second, the author is silly.  Not to be an even-hander here, but I think liberals are no less "condescending" than conservatives.  I'd suggest, in fact, that such labels and broad generalizations are really meaningless.  Turns out, in fact, that such equivocal terms were used to great effect by this author.  You see, liberals are one solid group, each one guilty of the sins of the other, while conservatives were always able to avoid group guilt.  Here's an example:

This liberal vision emphasizes the dissemination of ideologically driven views from sympathetic media such as the Fox News Channel. For example, Chris Mooney's book "The Republican War on Science" argues that policy debates in the scientific arena are distorted by conservatives who disregard evidence and reflect the biases of industry-backed Republican politicians or of evangelicals aimlessly shielding the world from modernity. In this interpretation, conservative arguments are invariably false and deployed only cynically. Evidence of the costs of cap-and-trade carbon rationing is waved away as corporate propaganda; arguments against health-care reform are written off as hype orchestrated by insurance companies.

Before I comment on what I wanted to comment on, here and throughout the piece the author doesn't bother to counter the claims against "conservatives."  Perhaps he takes it as self-evident that what Mooney said (in his well-documented–I didn't say "true"–book) is false.  I can think of a couple of Republicans, for instance, whose ignorance of science is concerning.  Here's Republican Senator Jim DeMint on the snowstorm this past week in Washington:

It's going to keep snowing in DC until Al Gore cries "uncle"

I find myself looking down on Jim DeMint, an extremely wealthy, powerful, and capable man for the idiotic thing he said.  It's obvious that he doesn't know jack about the science behind global warming.  This same claim of many other prominent "conservative" and "Republican" leaders and intellectuals. 

Back to what I think I was going to comment on (it's now several hours from when I wrote that line above, so I don't really remember what I was going to say)–Alexander's characterization of Mooney's book disregards its content in order to criticize its form.  This, I think, is a hopelessly dumb and unproductive way of interacting with people with whom you disagree.  Not only does Mooney have an argument, but, judging by the numbskull policies of the last eight years, he might even have a good one.  But you can't really tell that, of course, until you actually look at the argument.  Alexander maintains, of course, that you don't need to look at the argument, because he knows what it says.  That, I think, is just what Mooney was complaining about.

No doubt, as I've said many times before, many liberals condescend to conservatives.  Many conservatives condescend to liberals.  The narrative, however, is that liberals are intellectual snobs, when conservatives are not.  I think that's hardly the case as a matter of fact.  It's also almost a matter of logic (I said "almost") that when you say someone's view is wrong, you're bound to appear snobby to them.  Especially when that person, such as is the case with Alexander here, doesn't seem to know what makes a view right or what makes it wrong.

Grounded in logic

The other week the New York Times ran a fawningly long profile of a "big thinking" ultra-conservative Catholic intellectual.  It stressed his powerful Oxford credentials, his Big University Post (at a non-Catholic institution–take that elite liberal institutions!), his influence over Catholic leadership, his ties to Bush, Glenn Beck's admiriation of him, and, most importantly for our purposes, his frequent use of the word "reason" in place of an actual argument.  So powerful his intellect, you see, that Cardinal Rigali of Philadelphia, aped his words in a recent speech. 

Even marriage between a man and a woman, Rigali continued, was grounded not just in religion and tradition but in logic. “The true great goods of marriage — the unitive and the procreative goods — are inextricably bound together such that the complementarity of husband and wife is of the very essence of marital communion,” the cardinal continued, ascending into philosophical abstractions surely lost on most in the room. “Sexual relations outside the marital bond are contrary not only to the will of God but to the good of man. Indeed, they are contrary to the will of God precisely because they are against the good of man.

Now I may not be a logician of this fellow's calibre, but I'm trying to think of which principle of logic grounds the union of a man and a woman in life-long monogamous non-divorcing holy Catholic and procreative matrimony.  I'm going to guess that it must be one of those Latin principles, an abstraction, in other words, few could understand.  Maybe it's ex falso quodlibet sequitur

I think, however, it's more likely the principle of petitio principii–begging the question. 

*edited for sense later in the day.

Doesn’t anyone read this stuff before they print it?

For half a second–OK, a couple paragraphs–I thought Jonah Goldberg might have an interesting argument for an interesting distinction. Goldberg is tired of hearing about moral hypocrisy, understandably perhaps, given the exposure of the pecadillos of so many of his party's stalwarts. But, this just fuels his desire to accuse those pointy headed liberals of some form of hypocrisy. Since, he can't seem to wait patiently until Geithner is caught shacking up with a Bolivian movie-star, he tries to invent a charge of hypocrisy.

Regardless, what I don't think we hear enough about is intellectual hypocrisy. What do I mean? Well, if moral hypocrisy is saying what values people should live by while failing to follow them yourself, intellectual hypocrisy is believing you are smart enough to run other peoples' lives when you can barely run your own.

I'm not entirely sure that this is a coherent idea (see my comment below), but let's play along for the time being. If someone is "barely able to run their own lives" and yet believes that she or he is able to "run other peoples' lives" then lets call this "intellectual hypocrisy."

The chairman of a small college's English department thinks it's obvious intellectuals should take over healthcare, but he can't manage the class schedule of three professors or run a meeting without it coming to blows or tears; a pundit defends government intervention in almost every sphere of economic life, but he can't figure out how to manage the interns or his own checking account.

Goldberg seems to have forgotten his definition just two paragraphs earlier. Our chairman does not seem to be "barely able to run his own life" nor does believing that "intellectuals" should take over health care meet his own definition. The same can be said for the pundit. So maybe we can revise his definition in the light of his actual examples:

I.H. occurs when a person believes that intellectuals (does he just mean "experts" here?)  should manage parts of our society while being unable to manage every problem in their lives (run an obstreperous department or manage interns). But, what's wrong with this? Does it make any less sense than saying that I am unable to diagnose my own health perfectly, while believing that others are smart enough to diagnose other peoples' health. I'm not sure that this is an analogous, but the general point seems right to me–there is nothing intellectually dishonest occuring in either of these examples.

But, Goldberg has some more loaded examples to try to make fit his definition.

Rep. Charles B. Rangel (D-N.Y.) offers a more timely example. Rangel heads the Ways and Means Committee, which writes the tax code, and he recently backed the imposition of an income tax surcharge on high earners to pay for healthcare, calling it "the moral thing to do." Yet he can't seem to figure out how to file his own taxes properly or, perhaps, legally. The lapses are the subject of a House Ethics Committee investigation.

Is the problem here really intellectual hypocrisy, or perhaps the moral hypocrisy that Goldberg is tired of? Perhaps, Goldberg didn't have time to revise his op-ed to free it of this self-contradiction, but this example does not seem to bolster his case for intellectual hypocrisy.

Now I also know lots of conservatives who are basket cases at everything other than reading and writing books and articles, giving speeches and thinking Big Thoughts (just as I know lots of liberals who despise conservative moralizing about sex and religion who nonetheless live chaste and pious lives themselves). The point is that conservatives don't presume to be smart enough to run everything, because conservative dogma takes it as an article of faith that no one can be that smart.

So, even when conservatives think that they're smart enough to re-write tax code, and have the same difficulties paying their taxes on time, they aren't being intellectually dishonest, because they hold an ideology that takes it as an article of faith that no one can be smart enough to re-write the tax code!?

Moral hypocrisy is still worth exposing, I guess. But we are living in a moment when revealing intellectual hypocrisy should take precedence. The American Enterprise Institute's "Enterprise Blog" recently ran a chart from a J.P. Morgan report showing that less than 10% of President Obama's Cabinet has private-sector experience, the least of any Cabinet in a century. From the stimulus to healthcare reform and cap-and-trade, Washington is now run by people who think they know how to run everything, when in reality they can barely run anything.

Hmmmm. Somehow Goldberg seems to infer from a claim about people not having run a business to a conclusion that they can barely run anything.

If I follow the implicit argument here it seems to be: 90% of Obama's cabinet are intellectual hypocrites. By hypocrites I mean people who haven't worked in the private sector (but who now work in government). Intellectual hypocrites should not be in power. Therefore 90% of Obama's cabinet should not be in power ((All liberals are Nazis, by Nazis I mean people who vote democratic. Nazi's support genocide, Therefore all liberals support genocide.)

A time to gloat

Today's Washington Post features two articles about how bad Health Care reform is for us all from guest columnists, an article about awesome natural gas, and two of the regulars (Krauthammer and Gerson) gloating about the recent victories in the historically momentous off-off year governor elections in Virginia and New Jersey.  For Krauthammer, these victories show how Obama has not eliminated the need for elections:

In the aftermath of last year's Obama sweep, we heard endlessly about its fundamental, revolutionary, transformational nature. How it was ushering in an FDR-like realignment for the 21st century in which new demographics — most prominently, rising minorities and the young — would bury the GOP far into the future. One book proclaimed "The Death of Conservatism," while the more modest merely predicted the terminal decline of the Republican Party into a regional party of the Deep South or a rump party of marginalized angry white men.  

A straw man or a hollow man?  I can't think that anyone seriously would have predicted no republican would ever win any race ever again.  Many in fact won on that election night in 2008, it's just that Democrats secured large majorities in both houses of congress and won the presidency.  I'll go with hollow man here: no one held the view Krauthammer is attacking.

He should be allowed to have his fun about the great myth of Obama.  He continues:

The irony of 2009 is that the anti-Democratic tide overshot the norm — deeply blue New Jersey, for example, elected a Republican governor for the first time in 12 years — because Democrats so thoroughly misread 2008 and the mandate they assumed it bestowed. Obama saw himself as anointed by a watershed victory to remake American life. Not letting the cup pass from his lips, he declared to Congress only five weeks after his swearing-in his "New Foundation" for America — from remaking the one-sixth of the American economy that is health care to massive government regulation of the economic lifeblood that is energy.

Moreover, the same conventional wisdom that proclaimed the dawning of a new age last November dismissed the inevitable popular reaction to Obama's hubristic expansion of government, taxation, spending and debt — the tea party demonstrators, the town hall protesters — as a raging rabble of resentful reactionaries, AstroTurf-phony and Fox News-deranged.

Some rump. Just last month Gallup found that conservatives outnumber liberals by 2 to 1 (40 percent to 20 percent) and even outnumber moderates (at 36 percent). So on Tuesday, the "rump" rebelled. It's the natural reaction of a center-right country to a governing party seeking to rush through a left-wing agenda using temporary majorities created by the one-shot election of 2008. The misreading of that election — and of the mandate it allegedly bestowed — is the fundamental cause of the Democratic debacle of 2009.

Before Charles gets too heated about the death of the Obama mandate, he–and everyone else by the way Democrats included–should consider the following result from Tuesday's election:

House Democrats are adding two new members to their team Thursday and Friday, just hours before a crucial floor vote on health care reform.

One of those guys–Bill Owens–did defeat an authentic Fox-News-deranged guy.  To put this another way, Tuesday's election put Obama two votes closer to enacting his Maoist agenda; it's not the time for gloating. 

I call “shotgun”

Today George Will is all about rights.  Rights are bad, you see:

If our vocabulary is composed exclusively of references to rights, a.k.a. entitlements, we are condemned to endless jostling among elbow-throwing individuals irritably determined to protect, or enlarge, the boundaries of their rights. Among such people, all political discourse tends to be distilled to what Mary Ann Glendon of Harvard Law School calls "rights talk."

Witness the inability of people nowadays to recommend this or that health-care policy as merely wise or just. Each proposal must be invested with the dignity of a right. And since not all proposals are compatible, you have not merely differences of opinion but apocalyptic clashes of rights.

Rights talk is inherently aggressive, even imperial; it tends toward moral inflation and militates against accommodation. Rights talkers, with their inner monologues of preemptive resentments, work themselves into a simmering state of annoyed vigilance against any limits on their willfulness. To rights talkers, life — always and everywhere — is unbearably congested with insufferable people impertinently rights talking, and behaving, the way you and I, of course, have a real right to.

People think and speak about rights in a lot of different ways.  Some rights they see as fundamental human rights, like the right to non-human-sacrificing religious expression; some rights are less fundamental, like calling shotgun or dibs.  These are rights too, but people, normal people anyway, would be quick to tell you that they don't rise to the level of basic human rights.  In addition to these two categories of right, there are also–perhaps unfortunately–the enumerated rights of the constitution.  I say "unfortunately" because some native-born English-speaking Americans struggle with reading and so they tire out after the Second Amendment, they one that says they can keep "bear arms."  The Ninth Amendment, you see, admits that one has other rights that are not enumerated in the Constitution's listing of the previous eight or eighty.

So the concept of right, even as it is used in ordinary speech, has a lot of meanings.  One must be careful before one asserts that someone means the one rather than the other(s).  Now of course George Will doesn't care about this at all.  He never cares about honestly representing the views of people with whom he disagrees.  I can tell this because of the toss-off line about health care and rights.  He suggests that this unwarranted assertion of rights is the foundation of arguments pro or con.  By my reading of the arguments, this comes up not very often.  Even if it did come up very often, George Will ought to reference it. 

Instead, the argument for the absurdity of all of this rights talk regards speed bumps in an affluent DC suburb:

Recently Paul Schwartzman, a war correspondent for the Metro section of The Post, ventured into the combat zone that is the Chevy Chase neighborhood in the District of Columbia. It is not a neighborly place nowadays. Residents are at daggers drawn over . . . speed humps.

Chevy Chase is, Schwartzman says, "a community that views itself as the essence of worldly sophistication." Some cars there express their owner's unassuageable anger by displaying faded "Kerry/Edwards" and even "Gore/Lieberman" bumper stickers. Neighborhood zoning probably excludes Republicans, other than the few who are bused in for diversity.

Speed humps — the lumps on the pavement that force traffic to go slow — have, Schwartzman reports, precipitated "a not-so-civil war . . . among the lawyers, journalists, policymakers and wonks" of Chevy Chase — and Cleveland Park, another D.C. habitat for liberals. The problem is that a goal of liberal urbanists has been achieved: Families with young children are moving into such neighborhoods. They worry about fast-flowing traffic. Hence speed humps.

And street rage. Some people who think speed humps infringe their rights protest by honking when they drive over one. The purpose is to make life unpleasant for the people who live on the street and think they have a right to have the humps. One resident, whom Schwartzman identifies as the husband of a former campaign manager for Hillary Clinton, recently sat on his porch and videotaped an angry driver who honked 30 times. Other honkers "gave residents the finger as they drove by."

Can't liberals play nicely together? Not, evidently, when they are bristling, like furious porcupines, with spiky rights that demand respect because the rights-bearers' dignity is implicated in them.

Fortunately, it is a short drive from Chevy Chase to the mellow oasis of the River Road Whole Foods store, where comity can be rebuilt on the firm foundation of a shared reverence for heirloom tomatoes. And if you, you seething liberal, will put the pedal to the metal you can seize the store's last parking place. So damn the humps, full speed ahead.

Note that nothing in Schwartzman's account mentioned "rights."  A mind-reading Will interjected the notion of "rights" as an explanation for why people–liberal hypocritical people of course–are rude.

But even if they were asserting their rights–they're not wrong.  It is an interesting question, after all, as to who gets to determine what the street in front of your house looks like.  It's a question more interesting than calling "shotgun" but less interesting than flag-burning.