Crime and emergencies (part 2): reconciling self-defense and gun control

For obvious reasons, people are talking a lot about guns nowadays. I’m a big fan of gun control, and make no bones about being one. It’s always seemed to me that gun control follows from a commitment to the idea of government as having a legitimate monopoly on the use of force, and not being an anarchist, I endorse the relevant commitment. I’m also committed to a right of self-defense, which in my view entails a right to the most efficacious means of self-defense compatible with the government’s monopoly on the legitimate use of force. As far as life in the U.S. is concerned, as I see it, that entails a circumscribed (hence regulated) right to acquire firearms for purposes of self-defense. In other countries where guns are themselves scarce, I would have no objection to an outright ban on the acquisition of firearms by private citizens. But guns aren’t scarce in the United States, and there is no justified or realistic way of banning them outright. (For a discussion of the perils and problematics of weapons control, check out my inadvertently timely Reason Papers piece, “The Contested Legacies of Waco.” For an excellent discussion of the empirical issues regarding gun control, see James Jacobs, Can Gun Control Work?)

In a democracy, a political position is only as strong as the weakest link in the constituency that supports it. Put another way, a political position is only as strong as its supporters’ ability to deal with the strongest objection to it. One of the reasons why gun control has done so poorly in the U.S. (in the sense of not commanding adequate political support) is undoubtedly that the NRA has too much power. But another reason is the sheer cluelessness of so many of those who defend it.

The cluelessness concerns a relatively obvious question. Suppose you believe in the justifiability of gun control. Still, people have a right to self-defense. If there are lots of guns out there, and lots of criminals with the desire to use them against the innocent, how do we ensure that our justifiable desire to regulate the sale and acquisition of firearms doesn’t subvert the equally justifiable desire to sell or acquire them in the exercise of a right of self-defense? That’s a problem that requires a solution. It’s not a rhetorical question that one can evade or dismiss as having been manufactured by the NRA or Smith & Wesson.

I realize that the desire for self-defense can be abused or exaggerated via grandiose superhero fantasies, errors of probabilistic reasoning, confirmation bias, hasty generalization and so on, but so can the desire for regulation. When all is said and done, it is just patently obvious that if we have a right of self-defense, we need access to the means of its exercise, and if criminals have firearms, non-criminals need (regulated) access to them as well in order to defend themselves against armed criminals. But no. Defenders of gun control have decided that what we’re to do when faced with armed and dangerous criminals is to reach for our phones and call 911. Presumably, the criminals will give us the time to do this, and all will go well as we wait for the police to arrive. If we cannot manage to call 911, well then, we’re out of luck. We must acquiesce in whatever the criminals want and let them have their way. Even Hobbes doesn’t go as far as that in Leviathan, but that hasn’t stopped defenders of gun control from recommending subservience to the commands of those who wield force against the rest of us. The resort to quixotic, primitive denial of obvious facts about crime has, in certain quarters, become the epitome of “liberal” sophistication.

Consider a column in this morning’s New York Times by Gail Collins, easily the most clueless of the Times’s columnists. I happen to agree with much of what she says in defense of gun control. Then, predictably, we reach this set of claims:

And while we have many, many, many things to worry about these days, the prospect of an armed stranger breaking through the front door and murdering the family is not high on the list. Unless the intruder was actually a former abusive spouse or boyfriend, in which case a background check would have been extremely helpful in keeping him unarmed.

Really? How about an armed stranger breaking in through the back door? Or a window? Doesn’t it matter where one lives? Maybe Gail Collins feels safe in her neighborhood, but does that mean that everyone should feel equally safe in theirs?

As it happens, an intruder tried to break into my apartment this past Sunday night or Monday morning through the living room window. I was asleep in my unlocked bedroom a few yards away. He or they didn’t manage to break all the way in, and didn’t ever get inside; they just managed to cut the screen of the window with a box cutter, and then to discover that it probably wasn’t worth breaking into this particular apartment, possibly because there was so little in it worth stealing. That didn’t stop them (I’m assuming it was the same people) from successfully breaking into a number of other dwellings in my neighborhood that same night.

Since the local police blotter hasn’t yet come out, I don’t know whether the intruders in question were armed, and don’t know whether anyone managed to confront them or get injured in the process. But people are regularly robbed in my neighborhood, and occasionally those robberies go wrong; when they do, the victims are sometimes shot. Rapes take place here with alarming frequency. The cars in the parking lot of my apartment complex have regularly been broken into during the year that I’ve lived here. On a more trivial but rather annoying note, my New York Times (like the Luddite I am, I still get the paper version) is stolen at least once every two weeks. Lesson: crime is real.

Though this Monday’s incident was my first break in in this particular neighborhood, it’s not the first time I’ve had to deal with a break-in. It’s the third. On one occasion, someone tried to break into my bedroom via the window as I was sleeping: the window in question was maybe a yard away from me, and it was unnerving to be awakened by the sound of someone forcing the window so close to my ear. I wasn’t armed, but I had no choice but to confront him. There really wasn’t time to find the phone and call the police. I guess I was threatening enough to scare him away—I must have been reading Nietzsche or Schopenhauer or something–but I’d rather have been armed. On another occasion, I happened on someone in the process of breaking into my car (luckily, he was too busy trying to steal it to notice me). In that case, I was able to call the police, and they happened to get there in less than a minute, but as they apprehended the suspect, he made it clear to everyone that he meant me harm beyond the theft of my car (he came out and said so). I’ve never been carjacked myself, but I’ve seen a carjacking take place at a hundred yards’ distance, and a good friend of mine has been carjacked. A distant friend of mine was put in the hospital after being robbed, and the spouse of someone I know was murdered in a robbery. (P.S., on a different note: I’ve also faced a menacing individual wielding a gun in a park–to this day I’m not sure whether the gun was real or fake–so I know what it’s like to be on the terror-laden receiving end of what seemed like imminent gun violence. Having a gun of my own would not have helped in that instance, and using one would probably have led to a blood bath.)

None of this (I think) is particularly remarkable as far as suburban New Jersey experience is concerned; I don’t think I’m some kind of wild statistical crime-experience outlier. What I don’t understand is why such experiences are so distant from people like Gail Collins as to be unreal to them. But alas, they’re not unreal. They happen, and they have to figure into the discussion about gun control with a degree of respect for the victims that liberals like Gail Collins conspicuously seem to lack.

Here is another example, also from The New York Times, admittedly at a higher level of sophistication and respect for facts than Collins’s column. It’s by Gary Gutting, a professor of philosophy at Notre Dame, and (at least indirectly) an erstwhile graduate school mentor of mine.

Our discussions typically start from the right to own a gun, go on to ask how, if at all, that right should be limited, and wind up with intractable disputes about the balance between the right and the harm that can come from exercising it. I suggest that we could make more progress if each of us asked a more direct and personal question: Should I own a gun?

A gun is a tool, and we choose tools based on their function. The primary function of a gun is to kill or injure people or animals. In the case of people, the only reason I might have to shoot them — or threaten to do so — is that they are immediately threatening serious harm. So a first question about owning a gun is whether I’m likely to be in a position to need one to protect human life. A closely related question is whether, if I were in such a position, the gun would be available and I would be able to use it effectively.

Unless you live in (or frequent) dangerous neighborhoods or have family or friends likely to threaten you, it’s very unlikely that you’ll need a gun for self-defense. Further, counterbalancing any such need is the fact that guns are dangerous. If I have one loaded and readily accessible in an emergency (and what good is it if I don’t?), then there’s a non-negligible chance that it will lead to great harm. A gun at hand can easily push a family quarrel, a wave of depression or a child’s curiosity in a fatal direction.

Gutting at least recognizes the possibility that those who live in dangerous neighborhoods may need a gun for self-defense. But he makes the point in passing, with grudging reluctance, and without feeling the need to ask some obvious questions about the implications of his own admission.

Gutting’s claim implies that if you do live in a “dangerous neighborhood” there is some likelihood that you might need a gun for self-defense (assuming that you get the training to use it, etc.) At least, it’s rational in some contexts to think you do. But what exactly is a “dangerous neighborhood”? A “dangerous neighborhood” is presumably where the armed criminals are. So where is that? And how does one figure it out?

One could look at published rates of crime or look at crime blotters. But crime rates change and crime blotters are statistically unreliable snapshots of reported crimes during a given week. (And reported crime is not crime.) Further, criminals are not universally stupid or lacking in means of transportation: they have an entrepreneurial attitude toward criminality. No entrepreneur worth her salt would open a small business based on the kind of information that determines conventional attitudes toward “dangerous” or “safe” neighborhoods. Decisions of that kind require refined and intensive local knowledge and a measure of sheer guesswork. They’re also highly fallible. Given that, putting aside obvious mistakes or errors of judgment, there is no way to get on some epistemic high horse and proclaim that one ought only to open a psychotherapy office in a “psychotherapy-heavy neighborhood,” or a restaurant in a “dining-out neighborhood,” or a grocery store in a “grocery neighborhood.” Judgments about where to open a business are highly tentative and fluid, mostly vindicated by the results of the experiment rather than by some antecedent facts obviously available to everyone at t.

The same is true of crime. There is no such thing as a neighborhood that is “dangerous” now and forever. Danger fluctuates. Criminals migrate.  Yesterday’s dangerous neighborhood becomes safe. Yesterday’s safe neighborhood becomes dangerous. I am not sure where Gutting gets his armchair sociologist’s picture of “dangerous neighborhoods” sporting banners that say “Dangerous Neighborhood” above them. In my experience, such banners do not exist. If you want to insist on the concept of “dangerous neighborhood,” you’d have to say that the whole of the New York/New Jersey Metro Area is a “dangerous neighborhood.” I can’t think of any location in New Jersey that I would regard as somehow immune to criminal violence. If that’s so, Gutting’s “dangerous neighborhood” advice is a pious gun control vacuity. It gives no clear advice about where one can legitimately own a gun because it appeals to a concept that has no clear criteria of application.

I’ve visited neighborhoods in southwestern Vermont where people leave their doors unlocked at night or when they leave their homes because they regard themselves as living in “safe neighborhoods.” But their safe neighborhoods would become dangerous the moment it occurred to criminals that their inhabitants were complacent enough to regard their neighborhoods as “safe.” No one would be naïve enough to believe that Vermont is a crime-free zone. Crime takes place there. That it takes place more in some areas of the state than others doesn’t mean that those statistical distributions are facts of nature. They can change without warning. Most people would encourage people who don’t lock their doors to rethink their complacency. I’d do the same for those who think that guns are obviously superfluous in supposedly “safe” neighborhoods.

No neighborhood is so safe that you can, without further thought, leave yourself totally vulnerable to criminal depredation in one. Any neighborhood could be a dangerous one the day the right criminal shows up in it. So whether one “needs” a gun or not for self-defense is far more complicated a matter than Gutting admits. He himself piles up the complications for his view without seeing that they undercut the supposedly clear-cut claim he makes that most of us do not need guns.

Until defenders of gun control wise up and deal with the problem of crime as an unpredictable emergency that could strike anyone, gun control has no chance of success in this country. In this respect, its defenders are almost as much to blame for its political failure as its opponents.

Postscript, April 25, 2016: This article about crime in San Francisco is a nice confirmation of the point I make in the preceding few paragraphs, not that I’m suggesting that the criminals described in it should necessarily be shot.

O Canada

Here’s a post worth reading by Mike Reid (Notes on Liberty), on recent events in Canada.

Despite its overt religiosity, I like their national anthem better than ours. I’d sing it in honor of them…but I doubt my singing would count as an honor to anyone.

Hey Canada: don’t let the bastards wear you down, eh?

P.S., a bit later the same day: A “resolutely Canadian” reader draws my attention to Justin Trudeau’s apt speech on the attacks, probably better than anything I can muster up right now, and also (unlike me) authentically Canadian. An excerpt:

In the days that follow, there will be questions, anger and perhaps confusion. This is natural, but we cannot let it get the better of us. Losing ourselves to fear and speculation is the intention of those who commit these heinous acts.

They mean to shake us. We will remain resolved.

They want us to forget ourselves. Instead, we should remember.

We should remember who we are. We are a proud democracy, a welcoming and peaceful nation, and a country of open arms and open hearts. We are a nation of fairness, justice and the rule of law.

We will not be intimidated into changing that.

If anything, these are the values and principles to which we must hold on even tighter. Our dedication to democracy and the institutions we have built is the foundation of our society. And a continued belief in both will guide us correctly into the future. Staying true to our values in a time of crisis will make us an example to the world.

I don’t usually think of Canada as an “example to the world,” but after the job we’ve done of it lately, I’m willing to give it a try.

Defining “emergency” (Part 1)

I’m in the middle of editing, and writing a contribution for, Reason Papers’s forthcoming symposium on the epistemology, ethics, and politics of emergencies. (Though I’ll be contributing an essay to it, credit for the idea of the symposium goes to Carrie-Ann.) The topic turns out to be an amazingly interesting and fertile one, with ramifications in a number of directions, including the epistemology and semantics of definition; the application, scope, and stringency of moral principles; the scope and content of rights; the proper role of government; the rule of law; and so on.

The topic has been made particularly timely by a number of recent events–the recent Ebola outbreak; the state of emergency declared this past summer in Ferguson, Missouri after the riots; the states of emergency declared during Hurricane Sandy in 2012; the states of emergency that have been thought to obtain after the terrorist attacks of 9/11, etc. But those phenomena hardly exhaust the applications of ‘emergency’: once you start looking for emergencies, you find them everywhere, often in the most unlikely places. And then there are emergency-cognates, like disasters, catastrophes, crises, epidemics, and pandemics, as well as pseudo-emergencies of every kind.

At the most basic level, emergencies are events that are ontologically and normatively discontinuous from “normal” events. It’s part of the very concept of an emergency that it’s an exceptional sort of event, that it involves danger, and that it demands urgent attention and action. Given those facts, emergencies drastically affect the content and application of normative principles–epistemic, ethical, and political: principles that apply to ‘ordinary’ life don’t apply, or at least don’t apply in the same way, to emergencies. Ordinarily, we expect people to form their beliefs on the basis of the evidence for them–but in emergencies, guesses and hunches become acceptable. Ordinarily, we expect people not to kill, torture,  kidnap, steal from, trespass on, cheat, deceive, or manipulate others–but in the right kind of emergency (some would say) just about anything goes. Ordinarily, we’re governed by the rule of law, including constitutional law, but in emergencies, we either bend the rules, or are governed by open-ended edict or fiat. And so on.

Given this, emergencies give rise to a difficult dilemma in need of solution. On the one hand—call it the rigorist hand–there’s the danger that the invocation of “emergency exceptions” to moral principles serves as a rationalization or excuse for ad hoc exception-making. The concept of an “emergency” seems ill-defined and elastic, and “emergency exception” seems like a magic wand by which moral principles are undercut and effectively ignored. If we define “emergency” too broadly, every form of duress becomes an “emergency,” so that the concept loses its meaning, and emergency exceptions serve to subvert the stringency of the moral principles that are supposed to govern normal life. At a certain point, a moralist has to put his foot down and insist that duress requires the exertion of moral strength and endurance in the name of normality rather than exception-making in the name of abnormality. But the appeal to “emergencies” is one of the most seductive ways of evading this responsibility. From the rigorist perspective, then, emergencies are philosophically important primarily because we have to put them in their place. Emergencies, the rigorist insists, are marginal exceptions in life. We should cordon them off as essentially irrelevant to normal life, and focus our attention on the non-exceptional rules that govern normal life.

On the other hand—call it the pragmatist hand—there’s the danger that if we ignore emergencies, or minimize their significance or frequency, we ignore a real phenomenon that affects the proper application of moral principles. All principles, even the most stringent, apply within a specific and in-principle specifiable context. If we ignore the difference between emergencies and non-emergencies, we apply principles designed for one context to a context where they lack application. In doing so, we run the risk of sacrificing things of greater value to things of lesser value on the basis of a robotic commitment to empty verbal formulations masquerading as moral principles. In doing that, we risk the dangers of imposing pointless burdens on those suffering great duress, invoking “morality” as a pseudo-justification for our dogmatism. From this pragmatic perspective, we ought to take emergencies seriously because emergencies are an extreme instance of duress, and duress is a ubiquitous but easily-ignored part of our moral life. Goodness is fragile, and emergencies underscore that fact in an acute way.

The rigorist and pragmatic views are, of course, one-sided caricatures of possible positions. Each view gets something right, but each view ignores the merits of the other view, and thereby gets something wrong. A good dialectician would have to work through the two views, integrating their best insights, discarding what each view gets wrong, and fashioning an alternative to them that avoids the pitfalls of either view. The task would be to strike the mean between rigorist and pragmatist extremes.

I’ve argued elsewhere—very briefly and tentatively, in a footnote (p. 219 n.29)—that Ayn Rand appears to have been the first writer to have ‘thematized’ the topic of emergencies in twentieth-century English-speaking philosophy. (If I’m wrong about that, as I very well could be, I’d be interested to hear about it in the comments.) Her discussion appears in “The Ethics of Emergencies,” a 1963 essay published in her 1968 essay collection, The Virtue of Selfishnessand anthologized every now and then in philosophy textbooks. I have mixed feelings about the essay, as I do about much that Rand wrote.

On the “pro” side, I think she gets four or five things basically right.

(1) Most fundamentally, she gets the basic framing issue right:

It is important to differentiate between the rules of conduct in an emergency situation and the rules of conduct in normal conditions of human existence. This does not mean a double standard of morality: the standard and the basic principles remain the same, but their application to either case requires precise definitions. (Ayn Rand, “The Ethics of Emergencies,” The Virtue of Selfishness, p. 54).

In other words, some principles straddle emergencies and non-emergencies, retaining their identity across both contexts, but taking different forms in the one context as opposed to the other. Good theorizing keeps both facts in mind. It’s not enough for a theorist to insist on the sameness of the principles that apply to emergencies and non-emergencies; she has to explain how a principle can prescribe opposite courses of action in emergencies as opposed to emergencies and yet be the same principle. Nor is it sufficient for a theorist to insist on the need for exception-clauses in emergencies, based on the dissimilarity of emergencies to non-emergencies. She has to explain why the exception clauses exemplify the general and universally applicable principles that apply to both contexts. In other words, if it’s wrong to lie in ordinary life, but right to lie in an emergency, what needs explanation is what single principle is exemplified in both contexts, and how that single principle demands truth-telling in the one case and lying in the other. The constraint seems to me a plausible one, even if Rand herself doesn’t explain exactly how it works, and even though most theorists (in my experience) seem to violate or ignore it.

Having said that, it’s worth adding that some philosophers have emphasized the constraint. For better or worse, Mill does so in the last few paragraphs of Utilitarianism. A more recent example is Alasdair MacIntyre’s trio of papers on moral dilemmas and truth-telling in Part II of Ethics and Politics: Selected Essays, Volume 2 (2006). Another interesting discussion is Thomas Hill’s “Making Exceptions Without Abandoning the Principle: or How a Kantian Might Think about Terrorism,” in Dignity and Practical Reason in Kant’s Moral Theory (1992). There are, of course, many others.

I think Rand gets some other things right.

(2) She’s right, I think, that the philosophical literature misuses emergencies and moral dilemmas to the point of systematically indulging in fallacious appeals to the emotions in order to induce readers to accept otherwise under-argued moral claims. (Peter Singer’s drowning child example is a paradigm of this approach–an approach my graduate school roommate Patrick Kain once aptly dubbed “The Argument by Surely Operator,” as in, “Surely, we would all save the child…”  Interestingly and counter-intuitively, both Singer and Rand regard it as utterly uncontroversial that one has an obligation to save the drowning child, but neither of them has an argument for it. I have never, in twenty years of reading on the subject, seen or heard a bona fide argument for saving the child beyond table-pounding appeals to intuition, consensus, or plain old emotion.)

(3) Unlike much of the literature, Rand insists on defining “emergency.” It’s amazing how much of the literature discusses emergencies without ever defining the term.

(4) Again, unlike most of the contemporary analytic literature, Rand’s definition of “emergency” takes the form of a definition by genus and specific difference (“An emergency is an unchosen, unexpected event that…”) rather than biconditional equivalence (“An emergency takes place if and only if…”). This is a large topic, but I tend to think that the traditional Aristotelian format for definitions has advantages over the newer analytic one. I’m also inclined to think that Rand’s definition of “emergencies” is basically right, while admitting that she says nothing in defense of it, and admitting that any any adequate defense of it would probably require revisions to it.

Unfortunately, I also find Rand’s essay seriously defective. I see at least seven or eight basic problems.

(1) For one thing, though the essay is titled “The Ethics of Emergencies,” it’s not primarily about the ethics of emergencies at all. In my edition, the essay is about eight pages long, and is about a variety of topics, none of them particularly well developed. Rand opens the essay with a page-and-a-half-long well-poisoning polemic against the misuse of emergency scenarios in ethics. Another four pages go to a paradoxically illuminating but ill-argued explication of the egoistic basis of human relationships. A mere page and a half discusses emergencies. Another half page concludes the polemic against the misuse of emergency scenarios in ethics, focusing on the role that such scenarios play in defending altruism. Despite the title of the essay, then, the discussion of emergencies ends up being a mere afterthought to, and application of, the claims about the egoistic basis of human relationships. The cumulative result is that the essay is torn between at least two different topics–relationships and emergencies–and fails to do justice to either topic.  For that reason, though I think the essay has some worthwhile things to say, it is, on the whole, a failure.

There are other serious failures of argumentation in it, failures that have essentially gone undiscussed in the “literature” on the subject, almost all of it written by writers sympathetic to Rand. (For a notable exception, read pp. 100-104 of Carrie-Ann’s 2008 Reason Papers review of Tara Smith’s Ayn Rand’s Normative Ethics.)

(2) In discussing egoistic relationships, Rand repeatedly stresses that a rational egoist forms a hierarchy of values, incorporates other people’s well-being into that hierarchy, and then treats others well-being as part of his own. What she doesn’t explain is how or why anyone would do that. Yes, if you incorporate others’ well-being into your own, you come to treat their well-being as part of your own, and thereby promote their good while promoting your own. But why would an egoist do that? What benefit does an egoist get by making the initial choice? She doesn’t explain. Her failure to explain would, by itself, merely be an omission rather than a defect in her view (or in the essay), but having omitted a discussion of that crucial topic, she then goes on to make very strong claims about the structure that a rational hierarchy of values would have to take, as well as the actions that would have to follow from its adoption. But unless she specifies the benefit that an egoist gets from doing as she prescribes, she’s not entitled to such claims. What we need but don’t get in the essay is a derivation of other-regard from egoistic self-interest, not a rhetorical deflection of the accusation that egoists are mean people.

(3) Rand divides her discussion of other-regard into two parts: how an egoist deals with his intimates, and how he deals with strangers. As for intimates, she says, we incorporate their welfare into ours based on their past track record of virtue. Roughly speaking, the more virtuous they are, the more deeply integrated into our own welfare; the less virtuous, the less so. Though there’s deep truth in this claim, it’s also a gigantic oversimplification. But never mind that for now; let’s accept it ex hypothesi. One problem is that it explains how egoistic relationships continue, not how they come to be. I can continue to incorporate your welfare in my hierarchy of values based on your past track record insofar as you have a past track record (with me). But there has to be some initial point at which you lacked a track record (with me). How then do relationships begin?

The same problem applies even more problematically to strangers. A stranger by definition has no track record with another stranger. So we can’t incorporate the welfare of strangers into our own on the basis of their past track record of virtue. What then do we do? Rand acknowledges the problem here, and claims to deal with it, but what she says is very compressed and obscure (p. 53). We grant a stranger a “generalized respect and good will,” she says, on the basis of “the potential value he represents” (my italics). Later she describes the rationale for this respect and good will as “a consequence, an extension, a secondary projection” of one’s own self-esteem (p. 53, my italics).

There’s an intriguing idea lurking here, but taken at face value Rand’s claims are pretty puzzling. Why does a stranger “represent” any value to me at all, especially if I’ll never see him again? And why does he “represent” value rather than straightforwardly being valuable to me (or not being so)? Elsewhere, in the context of the debate about abortion, Rand derides the idea that potentialities are morally significant (“Of Living Death,” reprinted in The Voice of Reason). There, she says, the embryo and fetus are merely potential human beings, hence not rights-holders. Here, however, the argument asserts that a stranger is potentially valuable, hence valuable. The latter inference seems ad hoc, and the two claims together seem inconsistent. Rand doesn’t seem to have had a consistent position on the normative significance of potentialities, a problem, I suspect, that lies at the heart of the common accusation that she has no adequate ethical account of children, the family, and moral patients.

Finally, the language of “projection” is equivocal and potentially problematic. What does it mean? Here are some possibilities:

  • We project the value of the stranger in the Goodman-Quine sense of treating his being-valuable-to-us as a “projectible” predicate.
  • We project the value of the stranger in the Humean or Freudian sense of ascribing to him traits that belong to us.
  • We project the value of the stranger simply in the sense of expressing our self-value in relation to him, treating him as its proper object and beneficiary.
  • Some combination of the preceding.
  • None of the preceding.

Unfortunately, she doesn’t say a word to decide between the options.

(4) Rand rather arbitrarily asserts that we ought to give assistance to strangers only in emergencies, but she never explains either the restriction or the ought:

  • Why help only in emergencies (as opposed to elsewhere)?
  • Why help in emergencies at all (as opposed to not helping even there)?

Again, she says little or nothing to clarify.

(5) Rand equivocates as to whether helping strangers in an emergency is a moral obligation (an “ought”) or merely a permission (a “may”). Sometimes she suggests that we ought to help strangers in an emergency (as long as the risks to us are “minimal”), implying that anyone who doesn’t help is morally defective, or lacking in virtue (specifically, lacking in integrity). Sometimes she suggests that we may help others in an emergency if we wish, but only if we do so from a sense of good will, and only if we want to, implying that we are not defective if we don’t help. Both claims can’t be right, and the latter claim contradicts Rand’s insistence, elsewhere, that her Objectivist Ethics is an ethic of conditional “necessities,” according to which every morally right act is a conditional imperative necessitated by “the conditionality of life” (“Causality Versus Duty,” in Philosophy: Who Needs It). Prima facie, a necessitated permission is a contradiction in terms.

(6) Having told us that we ought only to assist strangers in an emergency, Rand abruptly contradicts this claim, and tells us that it’s permissible to assist strangers in cases of illness or poverty that aren’t emergencies (p. 55). What she’s saying here may be a concession to commonsense, but in the context of the essay, it really seems like nonsense. Either we help others only in emergencies, or we help others in emergencies and elsewhere. We can’t have our “only” and eat it. An additional problem here is that her definition of “emergency” leaves no clear way of conceptualizing medical emergencies. But medical emergencies are a paradigm case of emergencies.

(7) Though I’m inclined to agree with her definition of “emergency,” she shows no awareness of how controversial it is, or of the most obvious objections that a reader might have to it (namely, that it seems too narrow). Even if I ended up agreeing with her definition, however, I’d have to disagree with her applications of it to cases.

(8) Rand conspicuously fails to meet her own adequacy-condition for a discussion of the subject, as described above.

For present purposes, as well as for purposes of my RP symposium contribution, I want to continue the task that Rand started–defining “emergency” by genus and specific difference. As I see it, the two basic definitional questions about emergencies are these:

(a) What are emergencies?

(b) Of what kinds of thing are emergencies properly predicated?

The two questions are verbally distinct but conceptually interconnected. Any answer to (a) probably constitutes an answer to (b), though I don’t think that the reverse is bound to be the case.

Rand defines an emergency as “an unchosen, unexpected event, limited in time, that creates conditions under which human survival is impossible” (“Ethics of Emergencies,” p. 54). She adds, in elaboration of the definition, that “[i]n an emergency situation, men’s [sic] primary goal is to combat the disaster, escape the danger, and restore normal conditions” (p. 54). Presumably by “men” she means “rational agents acting rationally”: men aren’t the only people who respond to emergencies, and some men fail to respond to them at all.

In any case, Rand takes “emergency” to contrast with “events that take place in normal conditions,” so that either (i) “emergency” and “normal-condition event” are correlatives, or (ii) “emergency” is defined in terms of (and as a basic deviation from) some conceptually prior notion of a “normal-condition event.” I’m inclined to think that (ii) is the case. If so, a great deal of the definition of “emergency” depends on spelling out that prior conception of metaphysical “normality.”

“Normality” is a notoriously difficult concept to define in a non-circular, non-statistical way.  The concept is one to which Rand often helps herself, and which bears some unclarified relation to what she elsewhere calls “the benevolent universe premise.” But it also finds its way fairly often into the non-Randian literature, whether in discussion of emergencies or other topics. Here’s one example from the scholarly literature on Aristotle’s ethics: The virtuous agent, Terence Irwin writes, “will correctly regard as dominant those rational and rigid states of character that secure complete happiness in moderately favourable external circumstances” (“Permanent Happiness: Aristotle and Solon,” in Aristotle’s Ethics: Critical Essays, p. 15, my italics). I take Irwin’s reference to “moderately favorable external circumstances” to pick out a concept similar to Rand’s notion of “normal-condition events.” “Favorable circumstances” seems to do analogous work for Aristotle as for Rand.

There’s a lot going on behind Rand’s definition–a lot of questions to be asked of it, and a lot of refinements to be made to it even on the most charitable reading. Here are a few questions that seem to me worth asking, and which I hope to address in my RP essay.

  1. Suppose that “emergency” is parasitic on some prior notion of metaphysical normality. What is metaphysical “normality,” and how is it to be conceptualized prior to and independently of “emergency”? On the other hand, if “metaphysical normality” and “emergency” are correlatives, is there some other concept that allows us to break free of the conceptual circle they form?
  2. Rand says that emergencies are unchosen, but why, or in what sense, can’t you bring an emergency on yourself? Does Rand mean that you can’t self-consciously bring about an emergency under that description (“I’m going to bring about an emergency right now”), or does she mean that you can’t chose to bring about an emergency, full stop? If I plan to commit suicide, and then start to enact the plan, is the enactment not an emergency even if it’s genuinely life-threatening? There’s something right about her claim, but it has to be made more precise and explicit than she makes it.
  3. Rand says that emergencies are “unexpected.” Does that mean that they’re unpredictable? If so, why, or in what sense, can’t they be predicted? Mutatis mutandis, the same follow-up questions apply here as in #3. If, for instance, I correctly predict a hurricane, and correctly predict that it will lead to fires in a certain city, is Rand’s point that the subsequent fires aren’t emergencies? Or is her point that while “fires” are predictable of the hurricane as event types, the corresponding event-tokens are unpredictable emergencies? In other words, what is expected (but not an emergency) is “fires resulting from the hurricane”; what is unexpected and is an emergency is, say, the particular fire that breaks out on Broad Street at 10:43 pm during the hurricane. If so, Rand’s view seems to imply that while the hurricane itself is not an emergency, unexpected micro-events caused by it could be.
  4. That, however, raises another set of questions. How predictable does an event have to be to qualify as “predictable”? I may not be able to predict that I’ll have a serious traffic accident today, but if I’m on the road and see a bus hurtling toward me–and have nowhere to go as it does–I may be able to predict, a few seconds before the event, that a serious traffic accident (construed as an emergency) is about to happen. Does that sort of predictability count or not? Here again, Rand’s definition needs some “chisholming.”
  5. What justifies the stricture that emergencies are “limited in time”? The claim seems plausible, but needs an argument. Among the considerations that make it plausible: human pre-history lasted a long time but involved an enormous degree of pain, suffering, and duress; we might be inclined to regard the latter phenomena as emergencies if we suffered them, but there is something problematic about describing hundreds of thousands of years of human history as one long “emergency.” Supposing that emergencies are limited in time, how are the limits set? After all, some wars (or totalitarian dictatorships) last decades or centuries, and create life-threatening conditions. Does Rand want to deny that wars or dictatorship are emergencies? (It’s worth remembering that her novel We the Living features a protagonist who lies and cheats her way through life in order to survive as best as she can under Soviet socialism.) Perhaps, as in the hurricane case, only unexpected micro-events within wars or dictatorships are emergencies, but the macro-events themselves are not. If so, recurring causal chains of emergencies under long-lasting emergency-prone conditions are not (qua chains) emergencies, even if they require massive adjustments to the adoption and practice of “normal” moral principles (as they obviously do). Similar issues arise about life in, say, prisons, concentration camps, totalitarian states, and epidemics–generally, of phenomena unfavorable to life but durably long. (For an interesting novelistic portrayal of life in an epidemic, I’d recommend reading or watching Somerset Maugham’s The Painted Veil. [Afterthought, October 23: Obviously, another one is Camus’ The Plague!]).
  6. Rand says that emergencies “create conditions that make human survival impossible.” Prima facie, this seems too strong. Most dictionaries tell us that emergencies threaten life, health, and/or property, or raise the probability of threats to survival.  Why insist on the strong modal claim–that emergencies create survival-impossible conditions? Further, does survival have to be threatened at all in an emergency? Imagine a case where someone gets her hand terribly stuck in a glass pickle jar, and calls 911. Is that an emergency? (That’s a real example described to me by a paramedic.) What about bathroom emergencies, e.g., desperately needing to use the bathroom but not being able to find one?
  7. Suppose that we accept Rand’s definition as stated. Does the definition entail that “emergency” and “non-emergency” is a proper distinction, i.e., mutually exclusive and jointly exhaustive? Or is it compatible with the existence of borderline events between emergencies and non-emergencies, or events that fall into neither category?
  8. Suppose that emergency/non-emergency is a proper distinction. Is it a sufficiently  fine-grained distinction, or are there non-emergencies that are sufficiently like emergencies to justify our thinking of them as quasi-emergencies, and to justify our creating a precise, fine-grained vocabulary to describe them (e.g., ‘crises’)?

I’m curious what readers think about any or all of this. In later posts, I’ll offer some answers of my own.

P.S.: Here’s a directly relevant article from out of today’s New York Times science section: “Ethicist Calls CPR Too Risky in Ebola.” I have no specialized knowledge of the issue, but Fins’s advice strikes me as nearly self-evident. I also agree with Fins that the issue needs to be discussed more widely than it has.

I was, incidentally, somewhat surprised to discover that medical ethicists don’t just regard “self-sacrifice” as virtuous, but as a special virtue of its own. Does anyone know of a good argument for that?

I’m curious to know whether Arthur Caplan has an argument for the claim that it would be morally wrong for health care workers to invoke Fins’s advice in cases of patients who are asymptomatic for Ebola but have (or even may have) come into contact with an Ebola patient. It simply isn’t obvious to me that health care workers have a duty to resuscitate in cases where there is–symptoms or not–a reasonable basis for believing that someone might have Ebola. Medical ethicists seem to me in the bad habit of offering prescriptions about the risks that health care providers are obliged to bear without really being able to explain why they should or must bear them. Relatedly, it’s worth pointing out that you can’t prove that p by asserting that you “can’t help thinking that p must be true.”

Goodbye, Columbus*

Monday October 13th is Columbus Day–a state and federal holiday, observed in New Jersey by the cessation of most business across the state (government offices, schools, colleges, universities, banks, and most other businesses or agencies are closed–except, of course, where frantic Columbus Day sales are taking place). The implication would seem to be that Christopher Columbus is a person morally on par with Martin Luther King, Jr., George Washington, Abraham Lincoln, the signers of the Declaration of Independence, the veterans of our foreign wars, the servicemen and -women of our armed forces, and last but not least, Jesus Christ.

What did he do? As far as popular historiography is concerned, the answer is simple: he discovered America. In 1492, he sailed the ocean blue in the Pinta, the Nina, and the Santa Maria. And, lo, America came into existence, or at least came into the domain of human knowledge. Unfortunately, popular historiography has been saying the same damn thing now for decades, in defiance of a more sophisticated and accurate historiography that’s been trying to get a hearing for at least two decades, and realistically, for a lot longer. Most of the rest of North America has gotten the message. But not us. (To be fair, Alaska, Hawaii, Oregon, and South Dakota have opted out of Columbus Day. Pathetically, Spain and Italy–with even less to brag about–are even more enthusiastic than we are.)

I haven’t yet gotten around to reading Kirkpatrick Sale’s classic text, The Conquest of Paradise: Christopher Columbus and the Columbia Legacy (1990), but I have read, and would highly recommend reading, Tzvetan Todorov’s The Conquest of America: The Question of the Other  (1984). Don’t be turned off–if you’re apt to be turned off–by the post-Modern-sounding subtitle. The dedication page is pretty straightforward:

The captain Alonso Lopez de Avila, brother-in-law of the adelantado Montejo, captured, during the war in Bacalan, a young Indian woman of lovely and gracious appearance. She had promised her husband, fearful lest they should kill him in war, not to have relations with any other man but him, and so no persuasion was sufficient to prevent her from taking her own life to avoid being defiled by another man; and because of this they had her thrown to the dogs. –Diego de Landa, Relacion de las Cosas de Yucatan, 32

I dedicate this book to the memory of a Mayan woman devoured by dogs.

That passage isn’t about Columbus per se, but what Columbus did hardly differs from it in any essential way.

Columbus’s motive, in his own words (as quoted by Todorov):

At the moment when I undertook to discover the Indies, it was with the intention of beseeching the King and Queen, our Sovereigns, that they might determine to spend the revenues possibly accruing from the Indies for the conquest of Jerusalem; and it is indeed this thing which I have asked of them. (p. 11).

My desire was to pass by no single island without taking possession of it. (p. 45)

His first action, upon encountering the natives:

He called upon them to bear faith and to witness that he, before all men, was taking possession of the said island–as in fact he then took possession of it–in the name of the King and of the Queen, his Sovereigns. (p. 28)

Unfortunately, it didn’t occur to Columbus that they didn’t understand his language, and he didn’t understand theirs. What happens next is kind of predictable:

These are, indeed, very wild people, and my men are very importunate; finally I took possesion of lands belonging to this quibian [village chief]. As soon as he saw the houses we had built and a lively trade going on, he determined to burn everything and to kill us all. (p. 46).

So there’s a war. Guess who wins? And what the victors do?

They would make good and industrious servants…They are fit to be ruled…(p. 46)

From here one might send, in the name of the Holy Trinity, as many slaves as could be sold as well as a quantity of [timber]. If the information I have is correct, it appears that we could sell four thousand slaves, who might be worth twenty millions and more. (p. 47)

I can’t summarize the whole thing, of course; I encourage you to get a copy of the book and read it for yourself. But perhaps the best one-line summary is Todorov’s apt claim that Columbus, “discovered America but not the Americans” (p. 49).

At any rate, if we’re going to “celebrate” Columbus Day, we may as well be clear about what we’re celebrating. We’re celebrating the words and deeds of a theocratic conqueror and slave-merchant whose fundamental ambition was to use the wealth of the “Indies” to re-conquer the Holy Land–in other words, someone who wanted to enslave the people of one continent to put the people of another continent to the sword. It’s not really clear what part of that is worth celebrating, and no one interested in celebrating this holiday seems to want to talk about it in any straightforward fashion.  For all of the brave talk about “diversity” and “multiculturalism” we’ve heard over the past few decades, and the fears that sensitivity to other cultures has all “gone too far,” that cheap set of evasions is where things still stand. We’re the last country on the continent to be able to look the truth about Christopher Columbus in the face and deal with it in a rational way.

Allan Bloom opened his 1987 book, The Closing of the American Mind with this famous passage:

There is one thing a professor can be absolutely certain of: almost every student entering the university believes, or says he believes, that truth is relative. If this belief is put to the test, one can count on the students’ reaction: they will be uncomprehending…The relativity of truth is not a theoretical insight but a moral postulate, the condition of a free society, or so they see it. They have all been equipped with this framework early on, and it is the modern replacement for the inalienable natural rights that used to be the traditional American grounds for a free society. (p. 25)

There’s some (non-relativistic) truth to that. Tellingly though, Bloom continues with the polemical claim that it’s a mistake to the combine intensive study of “the traditional American grounds for a free society” with the intensive study of “non-Western” cultures for fear of contaminating the former by the latter:

One of the techniques of opening  young people up is to require a college course in a non-Western culture. Although many of the persons teaching such courses are real scholars and lovers of the areas they study, in every case I have seen this requirement–when there are so many other things that can and should be learned but are not required, when philosophy and religion are no longer required–has a demagogic intention. The point is to force students to recognize that there are other ways of thinking and that Western ways are not better. It is again not the content that counts but the lesson to be drawn. (pp. 35-36)

Obvious questions spring to mind. How many cases had Bloom actually seen? Why would the cases he’d seen determine the very nature of the requirement? If the content is to be ignored, where does the lesson come from? And what, at any rate, is the basis for the claim that “philosophy and religion are no longer required”?

But never mind the details. The thing to focus on is the deliberate, studied parochialism implicit in Bloom’s conception of education: students are to try to grasp the meaning of “natural rights,” but to conceive of it only as the traditional American grounds for a free society; they’re to apply it only to us, and study no one and nothing else that might challenge how they conceive of rights, or might challenge how they apply the principle to cases. Somehow, despite this, Bloom expects to conquer relativism.

The approach was bound to fail, and in Columbus Day, we have the clearest case of its failure. Columbus Day is a holiday for people who can manage to spout the rhetoric of “natural rights”  on the Fourth of July; play lip service to racial equality on MLK Day or Lincoln’s birthday; spend Memorial Day valorizing those who died to overturn slavery in the Civil War as well as those who fought genocide in the Second World War; go to Midnight Mass every Christmas Eve to honor Jesus’s Crucifixion at the hands of the Roman imperium–and then, on the second Monday of every October, unapologetically intone pieties about a (literally) racist imperialist slavedriver who inaugurated a veritable genocide on this continent. It’s a holiday, in other words, for people who have memorized the mantras of “the American creed” but have not grappled in any serious way with the moral realities or complexities of cross-cultural interaction, whether as a historical matter or in the present day. And given the staying power of this holiday, that seems to amount to a lot of people.

I’d like, at some point, to be able to educate (part of) a generation out of such claptrap. It won’t be done Bloom’s way, and it won’t be done quietly. But I’d like to get it done, even if it means having to go in to work and teach class on (what used to be) Columbus Day. I like having the day off as much as anyone, but Columbus Day is the the epitome of a vacation day with a guilty conscience. Rename it and re-conceive of it, as other countries have done, and I’m glad to take the day off. But until then, Columbus Day should remain a day that deserves ridicule, censure, and rejection. At some point, a showdown will have to be had with its supporters. And that day, I predict, will be a real day of discovery.

*I changed the original (anemic) title of this post a few minutes after hitting “Publish.”

Philosophy, Psychiatry, Psychology: Some Resources and Announcements

I have no way of knowing where the readers of this blog live, but I know that some of you have an interest in issues at the intersection of philosophy, psychiatry and psychology. So, in one way or another, this post is for you.

(1) On Saturday, December 6 (1-5 pm), the Felician Institute for Ethics and Public Affairs will be holding its third annual fall symposium in the Castle View Room of Felician’s Rutherford, New Jersey campus (located on the second floor of the Student Union Building).* This year’s topic is “Psychiatric Medications: Promise or Peril? An Interdisciplinary Discussion.” The symposium will feature four speakers:

Whitaker’s work featured prominently in a much-discussed two-part review by Marcia Angell in The New York Review of Books; for another view of Whitaker’s work, check out this highly critical review by E. Fuller Torrey, along with Whitaker’s response.

I’ll be moderating one session; the other will be moderated by Ruvanee Vilhauer, Professor of Psychology at Felician and until recently, chair of the Psychology Department here. It should be an exciting afternoon, so if you’re in the area and interested, I hope you’ll consider attending. Thanks to Jacob Lindenthal of Rutgers New Jersey Medical School (NJMS) for his advice in putting the event together. Thanks also to Dr. Lindenthal for putting together the Mini-Med School event that I attended this past spring at NJMS, and which, in part, provided the inspiration for the Felician event.

The event is free and open to the public. Refreshments will be provided.

P.S. The papers from the 2012 symposium, on Robert Talisse’s Democracy and Moral Conflict, were just published in Reason Papers and Essays in Philosophy. The papers from last year’s symposium, on Christine Vitrano’s The Nature of Value of Happiness, will be published in Reason Papers in 2015.

(2) Other metro-area conference announcements:

  • On Sunday, November 2, the Northeast Counties Association of Psychologists will be presenting a lecture by Kenneth Frank, “Practicing Psychotherapy Integration: Can Neuroscience Help?” at the Cresskill Senior Center in Cresskill, New Jersey. Details here. I’ll be there along with a few PoT people (so to speak), so if you’re in the area, stop by (though there’s a fee). Thanks to Peter Economou for the suggestion.
  • The Association for the Advancement of Philosophy and Psychiatry has been around since 1989, but for some reason I just managed to notice its existence (obviously a case of narcissistic personality disorder), but it’s jam-packed with valuable resources. Their last conference was in New York; their next conference has yet to be announced. Christian Perring heads the New York-area chapter (small world!).

(3) On a related note, as a fledgling counseling student, I was recently obliged to buy my personal copy of DSM-5, the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders. Meanwhile, to make sense of it, I’ve been making my way through Gary Greenberg’s The Book of Woe: The DSM and the Unmaking of Psychiatry. I’ve only gotten about 80 or 90 pages into Greenberg’s book (it’s about 400 pages long), but it’s a great read so far.  Greenberg is a psychologist with an anti-psychiatry ax to grind; he’s also a great writer and a clear thinker who knows how and when to raise the relevant philosophical issues. The book raises some important questions not just about psychiatry per se, but about the logic of classification and the axiology of health and disease. I recently read and enjoyed Greenberg’s Manufacturing Depression: The Secret History of a Modern Disease, but I happen to like Book of Woe better. Highly recommended, for whatever that’s worth.

*The location was changed on October 22, 2014. It had previously been scheduled for a location on the Lodi campus. 

Belaboring the Obvious: We’re the Ones Arming ISIS

Here’s a depressing belaboring of the obvious from this morning’s New York Times:

In its campaign across northern Syria and Iraq, the jihadist group Islamic State has been using ammunition from the United States and other countries that have been supporting the regional security forces fighting the group, according to new field data gathered by a private arms-tracking organization.

The data, part of a larger sample of captured arms and cartridges in Syria and Iraq, carries an implicit warning for policy makers and advocates of intervention.

It suggests that ammunition transferred into Syria and Iraq to help stabilize governments has instead passed from the governments to the jihadists, helping to fuel the Islamic State’s rise and persistent combat power. Rifle cartridges from the United States, the sample shows, have played a significant role.

“The lesson learned here is that the defense and security forces that have been supplied ammunition by external nations really don’t have the capacity to maintain custody of that ammunition,” said James Bevan, director of Conflict Armament Research, the organization that is gathering and analyzing weapons used by the Islamic State.

Providing weapons to the regional proxies, Mr. Bevan added, is “a massive risk that is heightened by poorly motivated security forces that are facing great challenges.”

I would only dispute Mr. Bevan’s use of the passive voice. It’s not a “lesson learned” by those who most urgently need to learn it.

Jason Brennan on character-based voting: the cases of Narendra Modi and Donald Trump (with several updates)

Narendra Modi is the Prime Minister of India, recently on a speaking tour in the US and elsewhere, and promoting his nationalist agenda for India wherever he goes. He’s very much the talk of the town, which is a great irony, considering that less than a decade ago, he was in effect barred from entering town: he was denied a visa to enter the United States for his failure to stop the Gujarat riots/massacre of 2002, and boycotted in Europe for much the same reason. Back then, he was a relatively obscure figure, at least by international standards. Now, he’s the Prime Minister of a major world power. Evidently, the principle involved here is that if you play a presumptively culpable role in a massacre, you’re to be treated with contempt until you assume the trappings of power. Once you do, the passage of time and victory in a democratic election jointly wipe the slate clean, and you’re to be treated with respect and admiration, bygones being bygones–even if some of the bygones include a few thousand corpses for which you were plausibly thought to bear responsibility. Wait and win, and you’re out of the moral doghouse. It’s an interesting lesson–about India, about democratic politics, about historical memory, and about justice. Worth remembering for other contexts.

I bring the issue up not (merely) to moralize about Modi (whom I admittedly despise) but as a counter-example to the discussion of character-based voting in Jason Brennan’s much-praised and much-discussed book, The Ethics of Voting. I generally agree with the thesis of Brennan’s book, at least as I understand it, which is that epistemically incompetent voters ought not to vote.  But having edited a symposium on the book in Reason Papers last year, and having read some of the discussion of it there and elsewhere, I’ve been surprised at  how much of what is contestable about Brennan’s argument has gone entirely undiscussed and uncontested by his peers, peer-reviewed and otherwise. Brennan’s discussion of character-based voting is one such example (EV, pp. 84-85), and the case of Narendra Modi conveniently serves to focus the issues.

The discussion of character-based voting comes up in chapter 3 of the book, which is devoted to explication of the concept of “wrongful voting.” “Unexcused harmful voting occurs when a person votes, without epistemic justification, for harmful policies or for candidates likely to enact harmful policies” (EV, p. 68). Brennan’s point is that we ought to refrain from engaging in unexcused harmful voting. It follows that citizens should vote only if their beliefs about the prospective harm or welfare-conductivity of policies are epistemically justified–probably a small minority of actual voters. The two crucial concepts here are epistemic justification and harmful policies. Brennan doesn’t explicate either, but assumes that on some version of both, his thesis turns out to be correct.

One objection to Brennan’s view is that we might vote for or against someone on the basis of character, not knowledge about the welfare-conducivity of the policies they intend to enact. Take some political candidate, X. My beliefs about X’s policies may be unjustified, epistemically speaking; they may be vague, vacuous, or based on very little evidence. But my beliefs about his character may be perfectly on target. Suppose I correctly regard X as (very) immoral, correctly regard Y as morally decent, and vote for Y because I regard X as so immoral that a vote for Y is preferable to one for X even if I’m generally (though not completely) ignorant of the relative policy implications of voting for X versus Y. Assume that Y’s policies will predictably be worse than X’s (though not egregiously so), but X’s past is egregiously unjust whereas Y’s is perfectly decent.

According to Brennan, unless I treat my judgments of X’s past immorality as proxies for predictions about X’s future policies, my vote is a case of unexcused wrongful voting no matter what X might have done in the past. It’s not clear why, however, and he doesn’t make it clear. What if, as a voter, I weight character over policy as a criterion for voting, at least in cases as egregious as those like X’s? Why is that unexcused wrongful voting? Or is it excused wrongful voting?

Let X be Narendra Modi, and ex hypothesi assume the worst about Modi’s role in Gujarat. Further (also ex hypothesi), assume the worst about Gujarat. If I were an Indian citizen voting in the last election, I would have voted against Modi simply because his role in the Gujarat affair put him beyond the pale for holding the position of Prime Minister of India. The issue is not so much that I expect Modi to repeat his past behavior; in fact, it’s unlikely that he will. Given the scrutiny he’s gotten over the years–and the visa denials and boycotts, etc.–Modi is likely to be more careful about how he expresses his nationalist sentiments, and is likely to overcompensate for his past sins, at least in policy contexts.  Nor is it that I think that Modi’s policies are likely to be inferior to those of his political rivals. They may actually end up being a bit better, at least from a free market perspective. The relevant point is simply that Modi ought not to be rewarded for his past behavior, and voting him into office is a reward (a huge one), one that evades the moral significance of that past behavior. Justice demands that we not grant the unearned, and Modi’s past behavior disqualifies him from earning title to the office he now holds.

For purposes of this post, I don’t want to go into the factual details of Modi’s actual (past) behavior. Doing so is unnecessary, since my aim here is to contest Brennan’s discussion of character-based voting, and to that end, Modi simply draws attention to a relevant possibility–viz., the evil political candidate who is likely to enact better policies than the merely decent one. So if you’re not familiar with Modi’s past, or you disagree with my interpretation of it, we can simply imagine a Modi-like figure and use that as a point of departure for thinking about Brennan’s argument.

So here are my stipulations: Imagine a Modi-like candidate for office who has behaved disgracefully in an affair like the Gujarat massacres of 2002 (or worse). Imagine that he showed callous disregard for the lives of his fellow citizens when he had the responsibility to protect them. Imagine that thousands of innocents died as a result. Imagine that there is good evidence that his own nationalist political agenda explains the animus for those massacred, motivated those who killed them, and rationalized the killings (using “rationalized” in the colloquial, not Davidsonian sense).

Now fast forward about a decade. Imagine our Modi-like candidate going up for the highest office in the land. Imagine that he claims to have cleaned up his act, having done an about-face from his bad old days a decade ago. Imagine that there is no serious question that his forthcoming policies will revert to the ways of his bad old days.  Assume that his policies will actually be an improvement on what the country currently has, and what the other candidate has to offer. Now imagine a rival anti-Modi candidate who is morally decent (and in particular, critical of Modi’s behavior in Gujarat). Let his policies be relatively indeterminate–not great, but not of the sort that might lead to any policy disaster. (Take the party you dislike most and imagine them enacting a safe and pragmatic version of politics as usual.) Let them just end up being worse at the margins than those of the Modi-like immoral candidate. Brennan’s thesis implies that we ought to vote for the immoral candidate, not the decent one. But why?

Here’s what he says:

To a significant degree, voting for character is voting for wrong reasons. When we elect someone, we give him power. That power can be used for good or bad. The office of the presidency is not an honorific meant to show [that] we respect that person’s character. Giving someone the presidency is not bestowing a medal or a certification of commendation but giving him (some) control of the state, an institution that makes rules, and forces innocent people to comply with these rules using violence and threats of violence. We need to be sure he will do a good job controlling it.

The first sentence refers the reader in a footnote to Russell Hardin’s How Do You Know? The Economics of Ordinary Knowledge and Bernard Manin’s The Principles of Representative Government. I haven’t read either book, so if my objection is answered there, I’d concede my case. But for present purposes my point is that my objection is not answered by Brennan in The Ethics of Voting: the passage above does nothing to answer what I regard as the most obvious objection, posed by Modi-like cases. It begs the question and offers an ignoratio elenchi.

Brennan starts by telling us that voting for character is “to a significant degree” voting for the wrong reasons. But I’d respond that it’s a principle of justice that we ought not to reward wrongdoing. Modi-like people have, to put mildly, engaged in serious wrongdoing. So justice entails that we ought not to reward them. The issue then turns on whether a vote for high office like Prime Minister of India is a reward. I think it obviously is: you reward someone when you give them what they want, and that in turn gives them power, prestige, income, a place in history, an opportunity to enact their values on a wide scale, and other perks they couldn’t otherwise have gotten.

Brennan’s discussion bypasses this last fact. The office of the presidency, he tells us, is not an honorific.  Why not? He gives no argument for its not being an honorific, and doesn’t consider the possibility that it might constitute a reward without being primarily an honorific. To the extent that he thinks he has an argument, he simply adduces a different fact about the presidency that supposedly rebuts the claim that the presidency is in part an honorific–that the presidency involves the exercise of power. But this fact, though true, doesn’t really help his case. Political offices could both confer rewards on office-holders and give people control of the state. The one function is perfectly compatible with the other, especially when control is a reward.

Yes, we need to make sure that those who hold power control their use of it. But we can do this as long as we have very vague ideas about a person’s policies. As long as I know that Modi’s rivals aren’t going to enact crazy policies that will take India to perdition, and I believe that they’re decent people lacking an outright lust for power, I know they will manage to control power somehow. (Brennan basically concedes this point in his paper “The Right to a Competent Electorate,” when he says: “We should not overestimate the damage bad voting can do…Even in the US or the UK disastrous candidates rarely have a chance of winning….” p. 707). The wrongs they do via bad policies may be bad, but I may find them more tolerable than the wrong done by rewarding someone responsible for mass murder with the perks of high office. I may be ignorant about the details of the relative merits of Modi’s versus his rival’s policies. But as long as I know that Modi is immoral or evil, and that his rival is tolerable, I may know all I need to know to vote against him.

In other words: If I am more committed to the backward-looking principle of not rewarding past evil than I am (within limits) to forward-looking considerations about good or bad policies, it seems to me I can justifiably vote for the policy-suboptimal candidate so as to avoid voting for the evil candidate even when the evil candidate is more likely to enact better policies.  When I do so, I’ll have some vague thoughts about policy considerations, but I’ll have epistemically justified thoughts about character, and the thoughts I have need not be proxies for future policies but might instead be motivated by considerations about not rewarding past immorality (assuming that that immorality crosses a certain threshold, e.g., culpable involvement in mass death rather than, say, adultery or smoking pot). I don’t see that Brennan even considers this possibility, much less rebuts it.

A digression: Brennan writes of “the presidency,” but I assume that he means any electoral office, including everything from municipal judge to American presidency to prime ministership, etc., including offices whose perks are enormously large. It’s an odd feature of Brennan’s book that while its topic is “the ethics of voting” as such, his focus is almost exclusively American, as though American voting were the paradigm of the phenomenon of voting as such, and as though empirical work on American voting generalized to voting everywhere. I raised this issue in an editorial context with one of the contributors to the Reason Papers symposium (not Brennan), who told me that as a social scientist it was his view that the default position is that empirical work on American politics ought to generalize to politics everywhere unless it can specifically be proven that it didn’t generalize to some particular context elsewhere. In other words, if Jones cites a study on American voting patterns, Jones can, absent contrary evidence, assume that the American voting patterns generalize to Pakistanis, Indians, Italians, or Palestinians. Generalization from the American case is the default rule. That strikes me as a pretty bizarre methodological assumption, but I’ll let the bona fide social scientists fight over it.

Brennan devotes one more paragraph to the topic, but as far as I can see, it merely elaborates on the conclusion Brennan thinks he’s established in the preceding passage.

So character-based voting is acceptable only insofar as it is a proxy to the quality of the governance a candidate is likely to produce. To what degree good character and good policies are correlated is largely an empirical question. If someone is morally corrupt, there is a pretty good chance he will use the power of the state for personal benefit rather than to promote the common good. Yet a virtuous politician with a powerful sense of justice might still be deeply misguided and committed to all sorts of counterproductive, harmful policies. Having the right values is not sufficient for making good policy, because it requires social-scientific knowledge to know whether any given set of policies is likely to achieve those values…If there is good evidence that a politician is likely to enact harmful policies, one should not vote for her (without sufficient reason) even if she is a good person. Voting on the moral virtue of a candidate counts as good voting only to the extent that the candidate’s moral virtue is evidence that she will enact good policies.

(1) My first and most basic comment on this passage is that it doesn’t address the objection I’ve raised, and doesn’t address what seems to me the most obvious objection that could be raised.

(2) My second comment is that it doesn’t cohere very well with the preceding passage. The first passage told us that voting for character was “to a significant degree” voting for the wrong reasons. The second passage tells us that voting for character can be voting for the right reasons under certain circumstances, and it’s an open empirical question to what degree good character and good policies correlate.

So which is it? If it’s an open question whether good character and good policies correlate, they might well correlate, and there are (as Brennan himself seems to admit) commonsense reasons for thinking that they do correlate. If so, why is voting for character “to a significant degree” wrong? Why is it wrong at all? And how can we know to what degree it’s wrong if it might turn out to be right?

Perhaps Brennan means to say that we don’t know whether it’s right, and if we don’t, it can’t typically be epistemically justified to use character as a basis for voting since no one has the social scientific evidence in hand to demonstrate the relevant correlations. But since he himself admits that there is plausibility in the idea that character and policy are correlated, it’s not clear that the claim about epistemic justification follows. Is p only epistemically justified in political contexts if we have a peer reviewed study (or set of them) showing us that p is the case? If I infer that a habitual liar and promise-breaker will be an unreliable implementer of good policies, is that inference epistemically unjustified? Why isn’t banking on a “pretty good chance” good enough?

I don’t mean that there’s an outright contradiction or inconsistency here; I mean that there’s a failure of exposition that leads to an obvious and unresolved puzzle in the reader’s mind about what Brennan is saying. The failure of exposition arises from the legalistic character of Brennan’s writing: we’re told that something is wrong “to a significant degree,” but not told what that phrase means; later we’re told that the issue is empirically undetermined, but we’re told one contestable claim is highly plausible. From one perspective this looks like very careful, rigorous writing, but from another it looks like a confusing way of covering all the bases so as to avoid being held to any particular claim; it also seems to put the author in the position of dialectical victory no matter what objection is made, simply because the claims in the text are so elliptical that they can be made to say anything that the author wants them to say–without saying anything a reader can pin down.

(3) Third comment: there is such a thing as epistemic virtue. Why not consider the possibility that we ought to vote not on the basis of predictable policies per se, nor on the basis of character minus epistemic virtue, but on candidates’ moral plus epistemic character? I’d be curious to know the state of the social science literature on this subject. What evidence is more easily and effectively available to voters–information about a candidate’s epistemic virtue, or information about the predicted outcomes of the policies he can be predicted to enact during x years of a term when the issues he faces are themselves partly unpredictable? Having the right values may be sufficient (or as close to sufficient as matters) for making good policy (or at least for predicting good policy) if the values in question are both moral and epistemic.

(4) If there is good evidence that a politician is likely to enact harmful policies, perhaps one should vote for her as long as she is a good person, the other candidate is an evil person, and the harmful policies are not that harmful. The preceding claim seems incompatible with Brennan’s thesis, which entails that we ought not to vote for politicians who will enact harmful policies simply because the other candidate has a bad character. Brennan adds the parenthentical “without sufficient reason” in the penultimate sentence of the passage as though to include the Modi-like case I have in mind–in which case my Modi-like case wouldn’t be a counterexample to his thesis, but something he’d already thought of, and carefully baked into the thesis ab initio.

But Brennan’s parenthetical seems inconsistent and ad hoc. Either Brennan’s point is that character is relevant to voting (only)** when it is a proxy for future policy, or not. If the first disjunct is the case, Modi-like cases are a counterexample to Brennan’s view. On the other hand, if we go by the second disjunct, i.e., if there can be sufficient reason to vote for character when character  is not a proxy for future policy, it is unclear what Brennan has been saying in this section of the book, or why he thinks what he has said is a response to the objection under discussion in the section. If “voting on the moral virtue of a candidate counts as good voting only to the extent that the candidate’s moral virtue is evidence that she will enact good policies,” the “only” implies that there cannot be a reason for voting on the moral virtue of a candidate when there is no evidence of a connection between character and expected policies.  [And if there cannot be a reason, there cannot be sufficient reason. Hence the reference to “sufficient reason” is incoherent.]*

On the whole, though I generally agree with Brennan’s thesis in The Ethics of Voting, and regard it as an important contribution to the literature, I’m not crazy about the way in which he deals with objections in the book. The issue of character-based voting is merely a case in point, but in my view a clear one. Though one blurb for Brennan’s book describes it as “beautifully clear and eminently readable,” this particular section is neither. I don’t think the failure is mine as a reader but his as its author.

*I added the bracketed sentences a few hours after I originally posted this.

**Added for clarification’s sake a day after the post went up.

Postscript, October 9, 2014: A belated afterthought: doesn’t Brennan’s view entail that voter disenfranchisement of convicted felons is only justified to the extent that being-convicted-of-a-felony is a proxy for high-likelihood-of-wrongful-voting by the felon? After all, Brennan’s view is that the relevant issue as regards the right to vote is always the voter’s epistemic justifiedness or competence (on a rather narrow understanding of competence that is operationalizable and excludes, e.g., “softer” moral considerations considerations of empathy, etc.) That is the motivation for Brennan’s rejection of character-based voting.  But there is nothing about being a murderer, rapist, or robber that a priori excludes competence or epistemic justifiedness in the relevant sense. So it seems to follow on his view that felons ought not to be disenfranchised qua felons. They ought to be enfranchised, regardless of their crimes, and we ought then to give them a chance to become competent voters. Since felons currently lack the right to vote, they haven’t had practice either at voting or at acquiring the necessary skills for it. But dispositionally, they might be fantastically competence under the right conditions. If they can achieve Brennan-competence (once we arrange the remedial conditions), they ought to be allowed to vote. Right? Practically speaking, that would be a bit of a headache, but such considerations don’t otherwise faze Brennan (consider the practical headaches of administering a nationalized poll test, though to be fair, we do have precedents to work from, e.g., the NAEP Civics Assessment) so why not?

Postscript, December 8, 2014: Here’s an excellent background essay, by William Dalrymple, on the Modi phenomenon, written for Britain’s New Statesman in May 2014, well before the elections that brought Modi to power. It’s journalism at its best, and has a richness that no thought-experiment could hope to have.

Postscript, December 9, 2014: This article in The New York Times, “Modi’s Campaign Stop in Kashmir Is Notable for Lack of Unrest,” provides some useful specification of the point I’m making in the post. For one thing, note that the real Modi’s behavior resembles that of the hypothetical Modi I describe: he’s not been alarmingly nationalistic or anti-Muslim, and he’s promised (perhaps credibly promised) policies that advance the economic prospects of Kashmiris, including the poor. And yet, the article ends, unsurprisingly, with this:

But as the crowd filed out afterward, a knot of well-dressed men stood nearby and watched with smoldering eyes.

“I didn’t go, because that man is a criminal,” Ahtisham Shah, a 40-year-old manager at the local office of a telecommunications company, said of Mr. Modi. “He still has to answer for the massacre in 2002.”

Asked if any of them would vote in the next round on Sunday, all five men shook their heads.

“To hell with India and to hell with Pakistan,” said Basharat Ahmad. “Kashmir is an independent country.”

The guys with the smoldering eyes aren’t voting because there’s no credible anti-Modi candidate to vote for, and, as they see it, any vote is a vote for India anyway. But ignore both things for the moment. Imagine that there was an anti-Modi candidate to vote for, and imagine that the smoldering-eye guys put aside their “to hell with India and Pakistan” attitude long enough to vote. (I’m not giving advice; I’m just imagining the possibility.) Should they, as per Brennan’s suggestion, not vote on character, even if the candidate in question “has to answer for the massacre in 2002”? Better yet: should we, as per Brennan’s suggestion, regard them as wrongful or incompetent voters if they do? Should they be required to pass a Brennanite competence test before being regarded as competent to vote for or against Modi? Isn’t there something nearly obscene about the suggestion that they should be disenfranchised for their failure to pass a Brennanite poll test?

My answers: they should vote on character; we should not regard them as wrongful or incompetent for doing so; they should not be required to pass a Brennanite competence test as a necessary condition of being considered competent; there is something obscene about Brennan’s suggestion (even if, as he likes to brag, he managed to make the suggestion in a well-known “peer reviewed” philosophy journal: I have to wonder how many of Brennan’s “peers” at Phil Quarterly were Indian or Kashmiri Muslims).

If Brennan didn’t intend any of the preceding conclusions in The Ethics of Voting, he might want to make that explicit, but nothing about the text of the book or any of the articles of his that I’ve read excludes my interpretation or even considers the possibilities I’ve raised.

Postscript, March 28, 2015: Reports are now coming out of India that suggest I may have been too charitable in my predictions about the situation of Muslims in Modi‘s India, not that that affects my argument at all.

Postscript, March 30, 2015: OK, so I guess I was being really over-charitable to Modi.

Postscript, April 27, 2015: I find it depressing that Barack Obama has chosen to write a laudatory essay on Modi for Time’s “100 Most Influential People in the World” issue (April 27, 2015). Frankly, I find George Wallace’s moral rehabilitation more impressive than Modi’s. The rehabilitation doesn’t stop Wikipedia for telling us (accurately) that Wallace is “remembered” for his segregationist stance (not his subsequent rehabilitation). Meanwhile, this is Obama on “Narendra”:

When he came to Washington, Narendra and I visited the memorial to Dr. Martin Luther King Jr. We reflected on the teachings of King and Gandhi and how the diversity of backgrounds and faiths in our countries is a strength we have to protect. Prime Minister Modi recognizes that more than 1 billion Indians living and succeeding together can be an inspiring model for the world.

Yes, they can.

Postscript, November 27, 2015: The controversy over Donald Trump and the post 9/11 celebration rumors induces me to revisit the topic of Jason Brennan’s critique of character-based voting (see here as well). Also relevant (though perhaps less clearly so) is some of the commentary on the recent elections in the Bihar province of India, where Narendra Modi’s BJP was unseated by its rivals. In thinking about both controversies, it belatedly occurs to me that Brennan is operating with either an overly narrow or an equivocal conception of “governance.” Go back to the last passage of Brennan’s that I excerpted. It begins like this:

So character-based voting is acceptable only insofar as it is a proxy to the quality of the governance a candidate is likely to produce. To what degree good character and good policies are correlated is largely an empirical question.

The second sentence seems to presuppose that good governance is reducible to the enactment of good policies, so that if a judgment about character is indeterminate with respect to the enactment of good policies, it’s irrelevant to judgments about whether to vote for the candidate in question. I’m not sure how Brennan understands the term “policy,” but on the ordinary understanding of the term, good governance isn’t reducible to the enactment of policies. It certainly can’t be the case that “good governance” can be understood by this formula:

S engages in good governance if and only if, for every policy P that S enacts (or proposes or broadly speaking facilitates), P is a good policy.

What about the good policies that S fails to enact? Is the failure to enact or propose (etc.) a policy a failure of policy on Brennan’s view? Charitably read, I think he’d say “yes.” At any rate, his view doesn’t prevent him from saying “yes,” so I’ll give him that.

But what about actions unrelated to policy? Here, it seems to me, he faces a real problem. His view seems to be that either a politician is in the business of enacting/refusing to enact policies, or he’s not on the job at all. But this strikes me as a reductive and oversimplified conception of politics.

Arguably, some of what political leaders do is essentially discursive. They talk to us, and often this talk has little or nothing to do with policy–or at least need not have much to do with policy. In their discursive capacities, politicians play (or as I see it, ought to play) the role of public intellectuals: they comment authoritatively on matters of public concern in a responsible way. Arguably, in doing so, political leaders also serve as models of civic virtue: they don’t just comment authoritatively on matters of public concern, but deal with those matters in ways that self-consciously exemplify a concern for truth and justice in public affairs. They give speeches, they answer questions at press conferences, they visit distressed places under their jurisdiction, they interact with people in a face to face way, and they’re recorded as interacting with people in that way. This isn’t just PR or show business. It’s a form of interaction that’s essential to leadership. In other words, a successful politician isn’t just a technician or policy wonk, but a leader–a public figure who functions as a moral exemplar, at least in certain limited respects. And good governance isn’t just policy wonkery; it’s leadership.

So character is bound to be relevant to governance whether or not it’s relevant to policy. The details of a person’s sex life may or may not be relevant to being, say, President of the United States or Prime Minister of India. But a person’s attitude toward (say) race relations certainly is relevant to both offices, whether or not those attitudes are proxies for any policy that the relevant individual proposes, enacts, or doesn’t propose or enact. The next president of the United States might well conclude that no new policies of any kind regarding race need to be enacted during his term. Suppose ex hypothesi that this is the correct decision as a matter of policy. Suppose ex hypothesi that the president successfully plays the political game so that he gets his way, and no policies are passed. That is ex hypothesi the optimal policy outcome, but it’s not the end of the story: it certainly matters how he pulls it off, e.g., how he defends his decisions, and how he deals with critics.

Once we cross a certain threshold, an asshole is not a good leader, and not a practitioner of good governance, even if he enacts the greatest policies in the world. (I’ll grant that we have to tolerate some degree of assholishness in almost any political leader, but even in politics, there’s such a thing as crossing the Asshole Rubicon, and once we do, all bets are off. Bright lines may be hard to draw here, but I think it’s obvious that Modi and Trump crossed the Rubicon a long time ago.) This is a subtly different point from the one I had originally made. My original point was backward-looking: having crossed a certain threshold, we shouldn’t reward wrongdoers with the perks of political office given their past misdeeds. My present point is present- and forward-oriented: we shouldn’t regard character merely as a proxy variable for predictions regarding policy-enactment, narrowly understood. We need to employ a broader conception of governance than that.

The topic of assholes brings me to Donald Trump (and Narendra Modi). Put it this way: imagine that Donald Trump becomes president, but that (miraculously) while in office, he changes his tune and enacts perfectly reasonable policies, even with respect to Arab and Muslim Americans. But imagine that he continues to comport himself as he currently is doing. Would he make a good president? No. His current comportment would undercut his claims to good governance even if he was enacting the right policies, and declining to enact the wrong ones. My point is not that ill comportment would undermine the policies per se, but that demeanor is an autonomous desideratum in a political leader, and that judgments of character are, in an obvious way, a proxy for it. You can’t be a good leader if you systematically disrespect and insult the people you govern, even if you enact the right policies in the process.

Incidentally, in saying that good character and good policy-enactment is an empirical matter, Brennan seems to be implying (as he often does) that identification of the correlation is a matter of consulting double- or triple-blind peer review social science studies. But if that’s what he means, he needs to deal with some obvious but unacknowledged questions.

First of all, there are many, many situations in life in which we have pre-scientific beliefs but no scientific studies to consult on the matter. Is his view that in every such case, we should simply ditch our pre-scientific beliefs on grounds of unreliability? Or is it sometimes permissible to use the pre-scientific beliefs as a guide to action? The first claim is really implausible, but the second claim sits uneasily with his rejection of character-based voting. He himself admits without consulting “the social scientific literature” that “[i]f someone is morally corrupt, there is a pretty good chance he will use the power of the state for personal benefit rather than to promote the common good.” Well, yes, that’s a matter of pre-scientific common sense. But what social scientific literature proves that it’s true? What social science literature has ever taken the population of “someones” as its sample?

Second, we know that a great deal of social science is unreliable. (Much of it is trivial as well.) To what degree, then, can we assume a priori that social scientific findings are, regardless of subject matter, more reliable than pre-scientific beliefs? I don’t see any reason to think that social scientists have the inside track on the nature of moral virtue. If they don’t, I don’t see any reason to think that their findings are always more reliable than pre-scientific beliefs on questions related to virtue.

Third, Brennan exaggerates the univocality of social scientific findings. Social scientists disagree with one another in both interdisciplinary and intradisciplinary fashion. Unless Brennan can show us that one branch or sub-branch of “social science” has a monopoly on the truth about politics, the appeal to social science strikes me as a bit of dogmatism and a bit of intimidatory hand-waving.

Since Brennan admits that character is something of a proxy for judgments about good governance, but also admits that it has variable weight, and can’t exclude the possibility that it sometimes might be highly weighted, and has no principled reason for preferring global reliance on social science over pre-scientific beliefs, and has an overly narrow conception of governance, I conclude that he lacks a coherent objection to judicious character-based voting. (Proviso: Brennan has a new book that’s either forthcoming or just recently out from Princeton University Press, called Against Politics. For obvious reasons, I haven’t read it, so I don’t know whether he discusses any of what I’ve said in this post there.)

Postscript, December 10, 2015: This critique of Trump is useful because it very clearly enumerates moral defects of Trump’s that aren’t necessarily proxy variables for predictions about policy.

In the article, Hillyer argues that Trump has a long record of undermining or abusing those weaker than him who get in his way. To the extent that Trump hasn’t broken any laws, that gives us a clear inference to the conclusion that Trump is immoral in his personal/business dealings, but yields no clear predictions about any particular policy conclusion. Hillyer goes on to argue that Trump mistreated his workers, but even if we grant that, we can’t infer that Trump’s economic policies would necessarily slight workers; after all, Trump is sufficiently opportunistic to change his tune and plump for pro-worker legislation.

Suppose you’re against eminent domain. Can we infer from Trump’s reliance on eminent domain that Trump would favor the expansion of eminent domain as a matter of policy? No, not really. Given his opportunism, Trump could just as easily restrict eminent domain if he found that desirable.

Maybe all of this proves that we shouldn’t vote for Trump because his impulsiveness and opportunism would make for bad policy. Maybe, but to be consistent, a defender of Brennan’s thesis would need to adduce social scientific evidence to suggest not only that impulsiveness and opportunism make for bad policy, but that they make for worse policy than intentionally aiming at bad policies (cf. Hillary Clinton, at least as viewed from a libertarian free market perspective). Note that this social science couldn’t just leave its findings at some set of generalities; it would have to be sufficiently tailored to the Trump vs. Clinton option to allow us to decide between them. I’m skeptical that any existing social scientific literature can yield such a conclusion.

The real reason why we shouldn’t vote for someone with a Trump-like track record is that electing someone to political office confers a reward on the person, and justice forbids rewarding someone’s past malfeasance whether or not the past malfeasance is a proxy variable for the person’s enacting bad policies in the future. In short, we shouldn’t vote for a Trump-like or Modi-like candidate simply because they don’t deserve our votes.

Postscript, December 12, 2015: More on the same theme. Consider Megyn Kelly’s now-famous misogyny question of Donald Trump back in August. The latter half of her question had an indirect sort of connection to policy (roughly, “how do you answer the charge that you are part of the war on women?”), but the first part did not. After quoting some of Trump’s remarks, she asked, “Does that sound [to] you like the temperament of the man we should elect president….”? (my emphasis).

As I see it, the first half of the question would have been entirely fair and appropriate on its own, even without the tie back to policy. Arguably, an avowed, explicit, egregious misogynist does lack the temperament of “the man we should elect president” even if he promises do great things for women (as Trump did, in answer to Kelly). Other things equal, misogyny of Trump’s variety ought to be a reason for voting against him (or not voting for him), whether or not the misogyny predicts any particular policy position he might take as president.

Suppose that other things aren’t equal, however. It’s an interesting question what a voter should do if faced with an out-and-out misogynist whose policy positions are, all things considered, appreciably better than the non-misogynist. To keep things relatively simple, imagine a pro-choice misogynist running against an anti-abortion non-misogynist (and suppose ex hypothesi that abortion ought to be legal). Unless you take avowal of an anti-abortion position to be prima facie evidence of misogyny on its own, I’d be inclined to say that the pro-choice policy position trumps the misogynistic defect of character, so to speak. Of course, if you regard an anti-abortion position as evidence of misogyny, then the choice here is between two misogynists, so that the dilemma is resolved from the outset. But though I’m pro-choice on abortion, that approach seems implausible to me.

Postscript, December 26, 2015: So Modi “surprises” us again, though this move comes as a less of a surprise to me than some of stuff I’ve described in the postscripts above. Given Modi’s character, however, it’s hard to interpret: is it a sincere step forward, or just play-acting? It seems obvious to me that one can’t easily disentangle the policy-related issue involved here (discussed near the end of the article) from an issue of moral character: is Modi honest or trustworthy? If he is, his trip to Lahore seems like a step forward in Indo-Pak relations. If he isn’t, there’s no way to know where he stands on policy, because we can’t trust anything he says or does.

Brennan might claim that the preceding observation is consistent with the letter of his claim in The Ethics of Voting (as it is), but I would say that it contradicts the spirit of his claim: if  judgments of intellectual character are relevant to virtually every prediction we make about a candidate’s prospective policies, it makes good sense to vote for intellectually virtuous (honest, intellectually responsible, non-demagogic, etc.) candidates, and makes good sense to figure out whether a given candidate is in fact intellectually virtuous (honest, responsible, non-demagogic, etc.).Other things being equal, we should vote for the intellectually virtuous candidate, the more the virtuous the better.

If so, it makes no sense to come out against character-based voting, pointlessly adding the proviso that character-based voting is OK as long as it’s relevant to policy. How could a candidate’s honesty, candor, probity, conscientiousness, accuracy, trustworthiness etc. be irrelevant to policy? We might (accurately but in this context a little tendentiously) call those policy-relevant traits of character, and think of them as the policy-makers’ analogue to the intellectual virtues required to do good science. If policy-relevant traits of character are always relevant to policy, then a ban on character-based voting that allows for them is either toothless or misleading or both.

Thanks to Faisal Jilani and Aftab Khawaja for the discussion on Modi that inspired this post, and to Fawad Zakariya for driving home to me the moral significance of what happened in Gujarat. The usual caveat applies.

New blogger: Gordon Barnes

I’m happy to announce that Policy of Truth is acquiring a new blogger, Gordon Barnes. Gordon is Associate Professor of Philosophy at the State University of New York at Brockport, where he’s also Director for the Center for Philosophic Exchange. Gordon has published work in epistemology, the philosophy of religion, and political philosophy, but I first encountered his work while editing the October 2012 issue of Reason Papers, where he published a trenchant critique of David Schmidtz’s views on property rights, “Property and Progress.” Schmidtz followed with a response, “Is It Necessary to Be Necessary?” to which Gordon responded, in turn, with “It Is Necessary to Be Relevant.” More recently, I was impressed by Gordon’s astute (and so-far unacknowledged) responses to a recent CNN/BHL piece by Jason Brennan on the epistemic case for voter disenfranchisement. I’m looking forward to some of the same hard-hitting stuff from Gordon here at Policy of Truth.

Welcome, Gordon!

“Just What Is a Platonic Virtue?” Greg Sadler on Plato

As mentioned in an earlier post, my friend Greg Sadler came by Felician’s Lodi campus yesterday and gave a nice presentation on Plato’s conception of virtue. I’m sure Greg will be posting a video of the presentation somewhere,* but I thought I’d jot down a few very brief thoughts here on what he said.

As I understand it, the issue that motivates Greg’s project is something like this:

(1) Suppose we accept the paradigmatically Platonic conception of virtue we find articulated and defended in Plato’s Republic. This account presupposes the tripartite conception of the soul that Plato defends there, and proposes an account of the virtues as regulatory capacities internal to the soul that allow mind to govern the soul’s lower (spirited, appetitive) elements. Plato proposes four virtues–wisdom, justice, moderation (sophrosune), and courage–to play this role. On this view, the virtues are psychological dispositions that inhere in particular souls.

(2) But Plato also regards virtues as Forms, and this fact sits uneasily with (1). Forms are, on the Platonic account, entities distinct from the natural world we inhabit. They are essentially impersonal and non-psychological, and can’t be conceived of as inhering in particulars. They are separate from (chorista) particulars, and particulars depend on them, while somehow “participating” in them. (I’m relying here on the account of Plato’s “middle theory” in the Introduction of Kenneth Sayre’s Plato’s Late Ontology: A Riddle Resolved, but see also the Stanford Encyclopedia entry on the subject.)

The question, then, is either how to make (1) coherent with (2); or if they’re not coherent, how to defend a distinctively Platonic virtue ethics without recourse to the Forms–or failing that, without recourse to the problematic aspects of the theory of Forms.

As Greg pointed out, the first disjunct of the preceding disjunction arguably leads us, via neo-Platonism, to some form of Judeo-Christian-Islamic monotheism. The second disjunct leads us to a sort of Aristotelian (or possibly Freudian) naturalism. An interesting modern version of the first form (highly influenced by Freud, among others) can be found in the work of Iris Murdoch (see, e.g., her The Sovereignty of Good). An interesting modern version of the second form (also highly Freud-inflected) can be found in the work of Jonathan Lear (see, e.g., his book, Open Minded). (Those are my examples, not Greg’s.) It’s a question whether a distinctively Platonic view is still plausible or viable. We had an interesting and somewhat freewheeling discussion of that issue, but I’ll focus on a single theme here.

One worry I have is about the motivation for the project as a whole. The motivation for the project arises from the ontological oddities of Plato’s theory of Forms: Plato thinks that virtues are Forms, but Forms don’t seem particularly virtue-like, at least on any recognizable (to us) conception of virtue. That’s true enough, but Greg seemed to want to suggest that there is a distinctively ethical problem here for Platonism–a problem specific to ethical Forms–that can be raised in abstraction from entirely general questions about the adequacy of the theory of Forms as a metaphysical doctrine. Greg insisted that he wanted to set aside specifically metaphysical questions about the theory of Forms.

I don’t think that that’s possible. To me, Greg’s problem simply looks like the ethical version of the age-old problem of self-predication in Plato. The problem is that Forms are supposed to be paradigmatic exemplars of whatever they’re Forms of. But Forms qua Forms have features that are incompatible with the properties some Forms are supposed to have. No Form is supposed to have physical dimensions, for example, but Forms for physical dimensions are supposed to be paradigmatic exemplars of those dimensions. So the Form of Length is supposed to lack physical dimensions and yet be long (or have length). Likewise with the Forms of Size, Weight, Mass, Height, etc. (my examples, not Plato’s): they’re supposed to lack physical dimensions and yet exemplify size, weight, mass, height, etc. It seems to me that Greg has simply isolated and articulated the ethical version or counterpart of the problem of self-predication in Plato: Forms for moral qualities ought paradigmatically to exemplify moral qualities, but to have moral qualities, a thing must in some sense be psychological or personal, and Forms qua Forms aren’t sufficiently personal to have such qualities.

In either case, I reach the same conclusion. The problem of self-predication suggests that the classically Platonic conception of Forms is untenable, whether in the ethical cases or the non-ethical ones. There’s no way to defend such a theory; it just has to be junked. If we want a virtue ethics that is in any residual sense Platonic, it has to be naturalized and developed in an Aristotelian or Freudian or Aristotelian-Freudian way. Paradoxically, perhaps, Aristotelianism is about as Platonic as a viable Platonism can get.

I wonder whether the intuition that motivates Greg’s attraction to Platonism (and to the problem that comes along for the ride) has something to do with the possibility (or rather, impossibility) of moral perfection. At one point in his presentation, Greg seemed to be suggesting in passing that moral or aretaic perfection is impossible to mortal humans. No just act we ever perform is perfectly just, and no putatively just person is perfect in his possession or exercise of the virtue of justice. Something about our materially embodied selves gets in the way of perfection, and something external to us holds out a standard or criterion of perfection to which we’re obliged to strive, but that we can never hope to reach. In that sense, Platonic Forms seem attractive because they function asymptotically as regulative ideals in a sense that straddles what Plato had in mind in defending them, and what Kant had in mind in defending his conception of pure practical reason.

If you hold this sort of view, and find Plato’s moral psychology generally plausible, Greg’s problem will seem a live one: how do you marry a plausible form of that moral psychology to a plausible theory of Forms? I suspect, however, that if you reject the relevant intuition about moral perfection, as I do, the project ceases to have the same urgency. You can just admit that aspects of Plato’s moral psychology have a certain plausibility; that Aristotle and/or Freud (and their successors) appropriated the best aspects of this psychology; and that we don’t need anything like Platonic Forms to perform the ideal-regulative role that makes moral perfection impossible to us. But that’s just a speculation, and I’m curious whether it’s at all on target.

Anyway, my thanks to Greg for coming down to do the talk. I hope readers get as much out of reading about it here as I did attending it in person.

*Postscript, Sept. 26, 2014: This link takes you to the video for the presentation.

Postscript 2, October 5, 2014: Greg now has a blog post on the issue at his own blog, Orexis Dianoetike.