Author Archives: Irfan Khawaja

Halal Hart: H.L.A. Hart and Divine Law

Posted on by under anarchism, MTSP Discussion: H.L.A. Hart's Concept of Law

I’m about to run another crazy H.L.A. Hart-inspired idea by you. It runs along the same lines as my last post, so let me just quote the first few paragraphs of that post as a preface to the thought itself:

According to H.L.A. Hart, law is a union of primary and secondary rules. A rule is a codified directive to someone. Primary rules are primary because they give directives directly to, or impose obligations directly on, those governed by the rule. Secondary rules are rules about the primary ones, specifying “the ways in which the primary rules may be conclusively ascertained, introduced, eliminated, varied, and the fact of their violation conclusively determined” (Hart, Concept of Law,  p. 94). Among the secondary rules is a “rule of recognition,” which specifies “some feature or features possession of which by a suggested rule is taken as a conclusive affirmative indication that it is a rule of the group to be supported by the social pressure it exerts” (Hart, Concept of Law, p. 94).

The rules of recognition are both ultimate and supreme with respect to a legal system. They’re ultimate in the sense that they (collectively) provide the most fundamental criterion for determining the validity of any given rule within the system. They’re supreme in the sense that they override any competing norms apparently eligible for validity within the system. On Hart’s view, it’s a necessary and sufficient condition of law that within any putative legal system, the primary and secondary rules so conceived are generally obeyed by those governed by them, and the rules of recognition are “effectively accepted as common public standards of official behaviour” by the officials in charge of the system (Hart, Concept of Law, p. 116).

Continue reading →

I Am the Law: Hart and Self-Legislation

Posted on by under MTSP Discussion: H.L.A. Hart's Concept of Law

According to H.L.A. Hart, law is a union of primary and secondary rules. A rule is a codified directive to someone. Primary rules are primary because they give directives directly to, or impose obligations directly on, those governed by the rule. Secondary rules are rules about the primary ones, specifying “the ways in which the primary rules may be conclusively ascertained, introduced, eliminated, varied, and the fact of their violation conclusively determined” (Hart, Concept of Law,  p. 94). Among the secondary rules is a “rule of recognition,” which specifies “some feature or features possession of which by a suggested rule is taken as a conclusive affirmative indication that it is a rule of the group to be supported by the social pressure it exerts” (Hart, Concept of Law, p. 94). Continue reading →

Ayaan Hirsi Ali, Avatar of Liberalism and Academic Freedom

Posted on by under cancel culture, Fatwas

The new proposed University of Austin is being founded to promote liberalism and academic freedom:

There is a gaping chasm between the promise and the reality of higher education. Yale’s motto is Lux et Veritas, light and truth. Harvard proclaims: Veritas. Young men and women of Stanford are told Die Luft der Freiheit weht: The wind of freedom blows.

These are soaring words. But in these top schools, and in so many others, can we actually claim that the pursuit of truth—once the central purpose of a university—remains the highest virtue? Do we honestly believe that the crucial means to that end—freedom of inquiry and civil discourse—prevail when illiberalism has become a pervasive feature of campus life?

The numbers tell the story as well as any anecdote you’ve read in the headlines or heard within your own circles. Nearly a quarter of American academics in the social sciences or humanities endorse ousting a colleague for having a wrong opinion about hot-button issues such as immigration or gender differences. Over a third of conservative academics and PhD students say they had been threatened with disciplinary action for their views. Four out of five American PhD students are willing to discriminate against right-leaning scholars, according to a report by the Center for the Study of Partisanship and Ideology.

They’ve decided to hire Ayaan Hirsi Ali to teach there. Here is Hirsi Ali’s view of academic freedom, as captured in a famous 2007 interview with Reason magazine. I encourage you to read the whole thing. But this bit strikes me as particularly relevant. Continue reading →

You Tell Me It’s the Institution

Posted on by under cancel culture

Well, here come the latest saviors of higher education, ready to save it from itself:

A group of scholars and activists are planning to establish a new university dedicated to free speech, alarmed, they said, “by the illiberalism and censoriousness prevalent in America’s most prestigious universities.”

The university, to be known as the University of Austin, or UATX for short, will have a soft start next summer with “Forbidden Courses,” a noncredit program that its founders say will offer a “spirited discussion about the most provocative questions that often lead to censorship or self-censorship in many universities.”

I have a single one-eyed question for these people: Will they allow BDS to operate freely on campus, or will they restrict it from doing so by taking a public stand against it, or defaming it as anti-Semitic? (See this and this as well.)  

That’s my litmus test; I have no other. So which will it be, Freethinkers?

Desert and Merit (4)

Posted on by under EVS Journal, Health Care Series, MTSP Discussion: George Sher's Desert

In a previous post, I criticized George Sher’s view that merit-based desert is based on (the recognition of) existing conventions of merit. In these cases, the existing rules are already fashioned to reward merit in a justified way, so that justice (in the sense of rewarding desert) consists simply in acknowledging that a given person satisfies the criteria of merit, and acknowledging that in accepting the convention, we accept the further implication that the person deserves what the rules say they deserve. Continue reading →

Attention Must Be Paid: The Joys of Third-Party Voting

Posted on by under Uncategorized

Conventional wisdom has it that voting is a waste of time, and third-party voting, even worse. Voting is a waste of time because a single vote can’t change the outcome of an election, and third-party voting is worse because third parties have no chance of winning elections in the US.

Well. From The New York Times, Wednesday, November 3rd around 8:40 pm.

results.2021

Continue reading →

A Vote for Curtis Sliwa

Posted on by under Uncategorized

Here’s an article from The New York Times on the mixed bag that is Curtis Sliwa.

It’s hard for me to be impartial because we’re friends (distant friends, but still friends). I freely confess to being prone to dismissing his wrongdoing as venial shenanigans and dumb, regrettable shit of the kind everybody does. He just did a lot of it, over and over again, in the public eye. But hey. Nobody’s perfect. Continue reading →

Desert and Merit (3)

Posted on by under Health Care Series, MTSP Discussion: George Sher's Desert

The value or worth of a man is, as of all other things, his price; that is to say, so much as would be given for the use of his power, and therefore is not absolute, but a thing dependent on the need and judgement of another.

–Hobbes, Leviathan, I.10.16

Sher’s account of desert and merit raises many questions, so let me double back to consider some of these, some addressed in his chapter, some not. I’d originally thought I’d leave the criticisms of Sher’s chapter at a single post, but it turns out that my criticisms have eaten up more space than I’ve thought they would. So this series on “Desert and Merit” is going to be longer than the promised or predicted two installments. Frankly, at this point, I couldn’t tell you how long it will be. As Michelangelo said (or is reported to me by Roderick Long to have said) about the Sistine Chapel, “It will be done when it is done.” I follow Michelangelo in such matters. Continue reading →

Desert and Merit (2)

Posted on by under cancel culture, Health Care Series, MTSP Discussion: George Sher's Desert

An unplanned installment in my series on “desert and merit,” care of Labcorp Drug Development. I applied to the job mentioned below three months ago, after spending eight months cleaning hospital operating rooms. I leave it to the reader to decide what conclusion to reach about my just deserts, based on my merits (or not) as a cleaner.

Dear Irfan,

Thank you for applying to Labcorp Drug Development as a Cleaner.

Continue reading →