In a previous post on H.L.A. Hart’s Concept of Law, I had taken issue with the idea, expressed by Hart, that the criminal code consists of “commands” or “imperatives.” I don’t think it does, and regard both Hart’s discussion and much discussion based on it, as fundamentally confused as a result. This was the topic of a Zoom conversation we had last Sunday, and then an email missive I sent out and promised to post. I was originally going to make it a comment on my last post, but it’s too long, so I’ve made it a post of its own. I’ve cleaned it up slightly, but not (I think) in ways that anticipate the criticisms that were made of it in the email discussion. Continue reading
Author Archives: Irfan Khawaja
Cancel Culture and the Arc of the Moral Universe
I’ve heard so many whining, incoherent complaints about the evils of “cancel culture” over the past few years, usually from the same old suspects saying the same damn thing over and over. I wouldn’t offer a blanket endorsement of every cancellation or every cancellation-oriented group or movement. But I’m curious (once again) to hear what anti-cancel-culture warriors have to say about Trafficking Hub’s campaign to cancel human trafficking in porn.
Either the pressure exerted on MasterCard (and other vendors) was an instance of “cancel culture,” or it wasn’t. If not, why not?
Suppose it was. Was there anything wrong with it? Were the aims unjust, or the means immoral?
If there’s nothing wrong with the Trafficking Hub campaign, what’s the rationale for the blanket attack on “cancel culture”? Why don’t cases like this prove that if we’re to use the phrase at all, “cancel culture” has both legitimate and illegitimate instances?
Continue readingH.L.A. Hart’s “The Concept of Law”: An Overview
As I mentioned in the preceding post, the MTSP discussion has moved from discussing George Sher’s Desert (my choice) to HLA Hart’s The Concept of Law (Roderick’s). Since I’m not even close to done summarizing and commenting on Sher, I’m obviously not going to commit to writing a series of essays on Hart. But I don’t want our discussions to disappear into the Zoom void, either, so I thought I’d just mention some of the themes of the discussion, using this post as a placeholder for any further discussion that might take place (whether among the Zoom discussants or anyone else who wants to join in).
At Roderick’s suggestion, we read the first two chapters of The Concept of Law–the first on “persistent questions” that arise in defining the concept of “law,” the second on “laws, commands, and orders.” Unfortunately, each one of us had a different edition of the book, which made “citation” difficult, but for this post, I’ll be using the Second Edition. As I see it, three basic issues came up. Continue reading
Desert and Merit (1)
Having finished Sher’s Desert last week, the MTSP Discussion is on to discussing HLA Hart’s The Concept of Law, but I’m going to spend the next few weeks hammering out summaries of the last four chapters of Sher’s book, just for the hell of it. I’ve had to break my discussion of Chapter 7 of Desert into two parts, a summary and a critique. This post is the summary; I’ll post the critique when I get a chance.
Chapter 7 of Desert discusses a so-far neglected basis of desert, merit. It seems self-evident or obvious to many people that we deserve things insofar as we have or exhibit the right kind of merit, whether moral or non-moral, to do so. Chapter 7, “Merit and Desert,” discusses contexts where moral and non-moral considerations merge in ways that are hard to entangle. Take for instance the common claim that college admissions be based on candidates’ “merit” with respect to admission. Is that a moral claim or a non-moral one? Does it involve a moral conception of merit or a non-moral one? Continue reading
Hit Me with Your Best Shot
Well, it looks like the pro-booster side has essentially won the argument, at least in the US, over whether boosters ought to be given for recipients of the Pfizer-Biontech COVID vaccine, six+ months after the second dose. My brother Suleman and I have (very incompletely) argued the case in favor of boosters here, here, and here. As front-line health care workers (he’s a physician, I worked in OR EVS), we got our first doses of the shot back in December 2020, and our second ones in January 2021. He works with COVID patients in a hospital, and I work in an increasingly crowded office. Neither of us had any sense of how much protection we were getting from the vaccine at this point.
Continue readingThe “Other Side” of the Holocaust
My response to a (perfectly legitimate) critique of the Texas directive demanding that teachers teach “both sides” of every issue, including the Holocaust:
Irfan Khawaja October 16, 2021 at 11:08 am
This is a fundamentally idiotic directive with a fundamentally idiotic motivation. But if they’re really duty-bound to abide by it, why not teach the history of the Palestinian nakba of 1947-49? The Palestinians were (and are) the victims of the victims of the Holocaust, the people whose story is rarely told in American discourse. If you want “the other side” of the Holocaust, that’s it. You don’t have to tell the Holocaust from the perspective of David Irving or the SS. Tell it from the perspective of those who were collateral damage of the attempt to compensate the victims.
Lost Boys Redux
I encountered this article by chance today in The New York Times. Read it all the way through. I think it should resonate if you are, say, a fan of Notre Dame football, but especially if you profess concern for the welfare of boys in their struggles through the trench warfare of K-12 education. Continue reading
The Lost Boys
Here’s an exchange I just had with Stephen Hicks over a recent Wall Street Journal article, “A Generation of American Men Give Up on College” (Sept. 6, 2021). (The Journal piece is paywalled, but can be one-time accessed by registering.)
Naturally, I’m having trouble with the technological wonders of the “block editor,” so I’ve indicated in italics where each separate quotation begins.
Stephen’s reaction to the article:
Two thoughts:
- This is a bad thing. Boys and young men have been ill-served by mainstream education, such that they are unmotivated and unprepared for life’s challenges — and they know it in their bones.
- This is a good thing. Rather than waste two or four more years of the same at colleges and universities that extend the mis-education, the young men will gropingly get into real life and actually find something engaging and valuable to do.
Voting on Character Means Voting Republican
So here’s a case of character-based voting–not a particularly dramatic one, I’ll admit, but a case just the same, and evidence that character-based voting can, under the right circumstances, make perfect sense.
I recently got my mail-in ballot for the upcoming general election. One of the offices on the ballot is that of Hunterdon County Clerk (for Hunterdon County, New Jersey). The Republicans are running incumbent Mary H. Melfi as their candidate; the Democrats aren’t running a candidate this time. Assuming that I vote in this election (as I plan to), I have three options:
- I could vote for Melfi.
- I could leave the relevant part of the ballot blank.
- I could write someone in besides Melfi, or write something in the relevant slot, whether or not it’s the name of a candidate, up to and including a ballot-spoiling piece of profanity.
As it happens, I’m a Democrat strongly opposed to the Republican Party in its current incarnation. In previous elections where a Republican was running unopposed by the Democrats (or I was, due to a bureaucratic glitch, forced to vote Republican in a primary), I’ve either left the ballot blank, or in some way voted against the Republicans by some ad hoc expedient–e.g., making use of the write-in option, and writing “Not X” with the Republicans’ name for “X,” or writing in “NOTA” (None of the Above) in rejection of everyone on the ballot. In general, I have no problem with taking a party-line stance on voting, whether for the Democrats or against the Republicans.
In this case, however, I’ve decided to vote for Melfi on grounds of character. So yes: voting on character means voting Republican, at least in this case.
Continue reading“Our Malady”: An Open Thread on American Health Care
I’m writing a review-like blog post on Timothy Snyder’s Our Malady: Lessons in Liberty from a Hospital Diary (Crown, 2020), a short book on American health care. To that end, I’m interested in hearing what PoT readers have to say about health care in the US today.
Policy of Truth 