Psychiatric Medications: Promise or Peril? (Part 1)

About twenty years ago, Robert Nozick published a brilliant paper, “Socratic Puzzles,” intended to address the apparent paradox of Socrates’s avowal of ignorance:

Socrates claims he does not know the answers to the questions he puts, and that if he is superior in wisdom this lies only in the fact that, unlike others, he is aware that he does not know. Yet he does have doctrines he recurs to…and he shows great confidence in these judgments. …Is this supremely confident Socrates merely being ironic when he elsewhere denies that he knows? How are we to understand what Gregory Vlastos terms ‘Socrates’ central paradox’, his profession of ignorance? (“Socratic Puzzles,” in Socratic Puzzles, p. 145).

I won’t try to summarize Nozick’s (to my mind successful) resolution of the Socratic paradox. I’ll just cut to the chase regarding its payoff:

Inquiry arises because of puzzlement, John Dewey said. People who are quite confident of the truth of their very extensive views are unlikely to engage in probing inquiry about these matters. The first step for Socrates, then, must be to show these others that they need to think about these matters, that is, to show them that what they already are thinking (or unthinkingly assuming) is quite definitely wrong. (“Socratic Puzzles,” p. 153).

And more:

Socrates has doctrines but what he teaches is not a doctrine but a method of inquiry….He teaches the method of inquiry by involving others in it, by exhibiting it. Their job is to catch on, and to go on. (“Socratic Puzzles,” p. 154)

And yet more:

Socrates shows something more: the kind of person that such sustained inquiry produces. It is not his method alone that teaches us but rather that method (and those doctrines it has led him to) as embodied in Socrates. (“Socratic Puzzles,” p. 154).

That’s a long preface to a discussion about psychiatry, but it seems to me the best entree into a discussion of the Felician Institute event that I organized this past Saturday, “Psychiatric Medications: Promise or Peril?” The upshot, ironically enough, was a collective but highly instructive profession of ignorance by the four presenters invited to address the symposium. Whatever their “doctrinal” disagreements, all four presenters agreed–in some way, at some level—with this proposition (my words, not theirs):

Despite the ubiquity of the use of psychiatric medications in the United States (and perhaps the First World generally), we really have no clear idea what we are doing when we use them, with what consequences, or with what rationale. What’s clear is that we’re widely overusing them with highly problematic consequences.

They may not have put it that way (though I think one or two did), but I think all four were committed to the claim. When you consider what’s at stake—the mental health not just of the present but of future generations, of children,  the elderly, and everyone in between—that’s a fairly sobering thought.

The “profession of ignorance” involved here was not the helpless or hapless “I don’t know” of the unprepared student or the ignorant layperson coming to the issue for the first time. It was a profession of ignorance by people in one way or another professionally involved in the field of mental health—as a science reporter and activist (Robert Whitaker), as a psychiatrist in private practice (Ray Raad), as a counseling psychologist and professor of counseling (Peter Economou), and as a philosopher of psychiatry and patient (Christian Perring). And the audience they were addressing was also, to large degree, professionally involved in mental health, consisting in large part of students from Felician’s Master’s Program in Counseling Psychology. It was a Socratic profession of ignorance—a profession of ignorance of the sort possible to people with deep knowledge of a subject, and something important to say about it.

I’m very pressed for time, given the end of the semester, but what I’d like to do over the next few days is to summarize what the presenters did say, and perhaps invite some further discussion both from the panelists and audience to add to or correct what I’ve missed. Obviously, any reader of the blog is invited to comment as well.

A summary of the event is perhaps in order:  The event began with a remarkably personal and candid introduction by Dr. Anne Prisco, our College president, on the dilemmas she’s faced as a mother, confronting the issue of whether or not to medicate one of her sons for what might have been (but might not have been) a case of ADHD. She decided not to: better that he should underperform, her reasoning went, than that he should become dependent on stimulants. That deep skepticism about the use of psychiatric medications set the agenda and tone of the rest of the conversation (with some significant provisos and caveats offered by Ray Raad, the only psychiatrist on the panel, and probably the only psychiatrist in the room).

The first of the two panels featured a 45-minute talk by Robert Whitaker, and centered on the thesis of Whitaker’s controversial (and prize-winning) 2010 book, Anatomy of an Epidemic, which is highly critical of the use of psychiatric medications. Whitaker’s talk was followed by a 25 minute commentary by Ray Raad, a psychiatrist in private practice in New York City. Raad agreed in a very general way with Whitaker’s argument, but disputed many of the specifics, with interesting (and still debatable) implications for Whitaker’s thesis. What followed was a relatively brief but very interesting discussion. I can’t quite remember the details anymore, so perhaps other participants can fill them in when I manage to write up a summary of the panel itself.

The second of the two panels featured two thirty minute presentations. The first, by Peter Economou, sketched a “middle of the road” approach to psychiatric or psychological treatment, combining cognitive-behavioral therapy with the judicious use of medications. Peter’s was perhaps the most skeptical, theoretically eclectic, and overtly Socratic of the four presentations: he actually just came out and said, “The truth is, we know what works in this or that context, but ultimately, we have no idea why it works or what we’re doing.” Christian Perring came at the issue by considering the “epistemic difficulties” presented by consumers of mental health services in confronting the conflicting claims of “psychiatric expertise.” The talk was tellingly and instructively inconclusive: considering the nature of the epistemic difficulties, it’s not entirely clear what potential patients should do, or what “informed consent” means under such conditions of uncertainty. We had a nice (meaning: contentious) hour-long discussion after that, which I’ll try to reconstruct at some point if I can.

After that, of course, we had a reception in which participants self-medicated with the widely-used psychotropic substance known as “alcohol.” (The event was fueled by self-medication via that other widely-used psychotropic substance, “caffeine.”)

More to come, as I manage to get to it.

(Thanks to George Abaunza for the NPR link on medicating the elderly.)

Postscript, December 10, 2014: An interesting article in today’s New York Times, about the use of ketamine (“Special K”), a hallucinogen, for depression.

“Clueless” Meets “Lost in Space”: Will Thomas on “Interstellar” (SPOILERS)

Will Thomas of The Atlas Society has just written a review of “Interstellar” that is clueless enough to make David Brooks’s commentary on the film seem like sublime wisdom by comparison. Thomas seems to belong to the Ideological Checklist School of Film Criticism, according to which a film’s aesthetic merits are reducible to its satisfaction of or deviation from a fixed and unimaginative set of doctrinal criteria. “Interstellar” seems to score something of a B+ on Thomas’s grading rubric, but the grade itself is perhaps of less interest here than the rubric.

“Interstellar,” we’re told, “shouts to the world that Americans should be achievers, but then it steals from them the ability to succeed.” There we have it, in one slovenly sentence: a film must have an ideological purpose; it must shout that purpose; if it features Americans, it must be shouting to the world about America; and its supposed aesthetic failings must be described as an offense against the Holy Grail of political economy, property. From a start this reductive and philistine, Thomas leaves himself only one direction to travel in aesthetic space—down. And down the aesthetic wormhole he goes. What follows are a few unexceptional (and unenlightening) paragraphs of commentary and plot summary. And then we get to “Interstellar film values.” Get out your checklist.

“Interstellar cheers for values an Objectivist can love,” we’re told. Is the purpose of art to function as cheerleader for moral or political values? Thomas’s avatar Ayn Rand didn’t think so: “Art is not the ‘handmaiden’ of morality,” she wrote, “its basic purpose is not to educate, to reform or to advocate anything” (The Romantic Manifesto, p. 22). I’d infer that its basic purpose is not to “cheer,” either, but I don’t expect that lesson to have been internalized by the people responsible for “Atlas Shrugged Part 3.”

So what does the film “cheer” for? I have to quote directly here:

Interstellar cheers for values an Objectivist can love. The film several times explicitly and approving quotes Dylan Thomas’s poem “Do not go gentle into that good night,” with its refrain “Rage, rage, against the dying of the light.” In this and other ways, the film thus directly says that we should strive to survive, know, achieve, and live.

This is a tragic-comic interpretation of Dylan Thomas’s poem. The lines in question do not “directly say that we should strive, know, achieve, and live.” They don’t implicitly say that, either. They’re an irrational rebellion against death, and contrary to Will Thomas, that is how they’re depicted in the film. The character who repeatedly utters the Dylan Thomas lines lives an outwardly successful but actually aimless life in rebellion against the reality of death: he deceives people, drives them to insanity, and sacrifices them to a lunatic quest that masquerades as an act of striving, knowledge, achievement, and life, but isn’t one. It’s instructive that Will Thomas hasn’t grasped that it is a masquerade. I’d like to think that movement-Objectivists can still cheer for or at least discern the difference between achievement and its counterfeit, but optimism sometimes gets the best of us.

Death is what Ayn Rand calls a “metaphysical given,” and her view of such givens is that wholehearted acceptance of their reality is required for the serenity proper to human life: “To rebel against the metaphysically given is to engage in a futile attempt to negate existence” (Philosophy: Who Needs It, p. 37). That’s exactly what the character in question does. “[W]hen no action is possible, one must accept nature serenely” (PWNI, p. 43, my emphasis). “Raging into the night” is anything but serene, and is the exact opposite of what Rand was prescribing. To get this wrong is to get both Rand and the universe wrong. But leave that to the self-appointed Objectivist “experts” at The Atlas Society.

So what does the film get wrong, according to our inquisitor?

But here’s the thing: for all their striving, the heroes are incapable of succeeding on their own. Instead, a deus-ex-machina rescue saves them at the crucial junctures. Cooper has no plan to fly again before a strange message delivered by gravitational fluctuations in some dust directs him to NASA’s secret project. And there would be no NASA project without the wormhole that someone (a being from the 5th—physical—dimension?) has plonked there out by Saturn. And this feature carries over into the climax of the film. The heroes cope and deal as best they can with what opportunity gives them, but we see that they could not solve their problems themselves.

That is a spiritually enervating betrayal of the film’s key themes. It says, in effect, “Pray, pray, for someone else to set things right.”

Suppose that I denied that I could solve all of my problems all by myself all the time—in the ridiculous sense of never relying on anyone besides me for help, and never conceding that the solution of a problem extended beyond my self-enclosed resources at a given time. Would that prove that I was advocating a resort to prayer, or would it simply suggest recognition of an obvious fact about the nature of human life—that we sometimes cannot solve our own problems in the envisioned way? Not a difficult question to answer, unless you’re in the grips of an ideologically-inspired fantasy that commands you to forswear the assistance of others, and then commands you to think ill of those who ask for it. Never mind that given the actual structure of the actual world we live in, the first group will actually solve the problems they confront, and the latter group will not. People in the grips of fantasies don’t notice things like that.

Perhaps that is why Thomas fails to notice that his summary of the film contradicts what actually happens in it. In fact, the heroes do “solve their problems themselves” in the relevant sense of that phrase. The small group of astronauts who blast off for the wormhole do not, it’s true, leap into space like Team America, fly to the wormhole, and fashion some facile derring-do technological “solution” to “the problem,” as you’d expect, say, in a very long re-run of Macgyver. But they do solve the problems they face in a way that entitles them to full credit for having done so, regardless of the help they seek: they get credit for seeking it, and for figuring out how to use it to their advantage, no mean feat under the circumstances.

Incidentally, I don’t mean to be denying that there are facile derring-do solutions in the film. There are some of those, too. But that only proves my point: a depiction of two sets of achievements can hardly be construed as an attack on achievement.  See the film for yourself, and you’ll see what I mean.

Far from being a celebration of achievement or reason, Thomas’s claims here are a slap in the face to the characters’ exemplification of precisely those values. What is spiritually enervating is not the film, frankly, but his one-eyed commentary on it.

According to Thomas, “[t]here are other, smaller betrayals of the reason-achievement theme as well.”

The Earth’s crisis, though never fully explained, is put down at least in part to human arrogance and industrial farming. No one seems able to engineer a response to the plagues, nor does anyone appear to be trying. Environmentalists will feel vindicated.

This is just a blatant misdescription of the film. What’s true is that the Earth’s crisis is never fully explained—full stop. It is not “put down to human arrogance and industrial farming.” It is just left unexplained. One character in the film attributes it to human arrogance, but his claims are never confirmed, and the film never suggests that his claims are right (or wrong). (And the film’s protagonist, Cooper, can hardly be called humble.)

It’s true that no one seems able to engineer a response to the plagues, but there is no way to infer from the film that no one has tried to; Thomas’s claim to that effect is sheer confabulation. Anyway, here’s a thought: what if a plague struck and no one was able to engineer a response to it? Thomas seems to imply that the suggestion itself requires some sort of indulgence in irrationality. Really? Why?

Elsewhere in the review, Thomas cheerily concedes the possibility that a spaceship could travel through a gravitational wormhole. Why then reject the possibility that we might lack a feasible engineering response to a plague that struck the planet? We currently have no response to the possibility of an asteroid strike. Does that mean an asteroid couldn’t strike the planet? We currently have no response to the possibility of disasters caused by sudden global warming. Does that mean that no such warming and no such disasters can take place? Can we assume, a priori, that we will have an engineering solution in place when the sun implodes? Bastardized Julian Simon dogmas aside, how could anyone know such a thing? Thomas seems to think that human technology (and by implication reason) can dictate terms to nature, and that a film that refuses this conceit has somehow betrayed reason. I’m afraid that isn’t the way the world actually works. For once the question can be posed without resort to metaphor: what planet is Will Thomas on? (On the topic of catastrophic events and possible responses to them, I highly recommend Richard Posner’s Castastrophe: Risk and Response.)

Thomas continues:

Another theme in the film, repeated at key moments, is that emotions, or at least love, allow us to form connections across space and time: they are lauded as a form of intuitive awareness transcending our three dimensions. In fact, the full arc of the story trades on this insight. When the most scientific people in the universe recur to this idea, the film paints reason as a hollow and insufficient exercise.

What the film is saying about love’s relation to reason is not entirely clear, but precisely because it isn’t clear, it’s susceptible of a more charitable interpretation than Thomas’s. We don’t need to infer that the film “paints reason as a hollow and insufficient exercise,” or that it claims that love displaces reason at all; perhaps the film suggests that reason cannot properly be exercised unless it does so alongside love.

If Thomas had read Ayn Rand with a little more care, he’d realize that in fact, she agrees with what I take to be the film’s account of love, not with his. What is the weapon one needs to fight the enemies of human flourishing? she asks in her 1971 essay, “The Age of Envy.” “For once, it is I who will say that love is the answer—love in the actual meaning of the word….love as a response to values, love of the good for being the good….What fuel can support one’s fire? Love for man at his highest potential” (The New Left, 1975 edition, pp. 185-86). An exercise of reason devoid of love is not an exercise of reason at all.

Keep that passage in mind as you watch the very last scene of “Interstellar.” Then ask yourself who’s gotten the film right. But whatever you do, don’t be dissuaded by Thomas’s ridiculous review from seeing it for yourself.

Postscript, December 9, 2014: This article, “A One-Way Trip to Mars? Many Would Sign Up” in today’s Science Times, is a perfect example of the psychological superficiality of discussions of space exploration and space travel (as alluded to in my discussion with Jurgis Brakas in the comments). Being “scientific” in the narrow, reductive, geeky sense, the article devotes about three columns to discussion of the logistical difficulties of getting a person to Mars, then spends a few incredibly facile paragraphs on what it would be like to live there–i.e., what it would be like to be a Martian.

Yet Mars remains a forbidding, frigid place, with an average temperature of minus 50 degrees Fahrenheit and an unbreathable atmosphere just 1 percent the density of Earth’s and consisting largely of carbon dioxide. Colonists would live in artificial podlike habitats, grow vegetables in greenhouses and get their protein from insects. No pets, sorry. And if you plan on going outside — as you will, often, to repair infrastructure battered by the chronic Martian wind, or to wipe off solar panels encrusted with the ubiquitous Martian dust — you must wear your spacesuit at all times.

In short, a lifetime on Mars would be like a life sentence in an unimaginably lonely, cruel, and dangerous prison. It doesn’t take an expert in mental health to see that an environment like that would be a breeding ground for mental illness or insanity. But apparently such trifling considerations aren’t the fodder for serious discussion in science journalism today: psychology isn’t scientific, so it takes a back seat to discussions of other things. One enthusiast, an engineer, dismisses the psychological issues with a facile cliche: “We’re a species that explores and pushes our boundaries. By exploring our own planet, we’ve developed technology to make our life more comfortable.” He might want to read up a bit on the historiography of exploration on Earth to discover what else happened en route to that destination.  One supposed enthusiast, “planning to get married in September,” is “willing to leave her husband behind should a Mars passport bear her name”–for the rest of her life! Talk about devotion. It’s supposed to be amusing, but is it?

Unsurprisingly, the most profound comment on the whole thing is a side-bar excerpt from Ray Bradbury’s The Martian Chronicles:

…and the men shuffled forward, only a few at first, a double-score, for most men felt the great illness in them even before the first rocket fired into space. And this disease was called The Loneliness.

Postscript, September 21, 2015: I was gratified to see this Op-Ed in the Times, adding some useful details to the anti-Mars arguments I made in the last postscript.

Stop coughing, stop texting, and shut up: toward a new ethic of concert-going

I’ve got aesthetics on the brain, which is usually what happens when I’ve got a lot of grading to do. Also known as self-distraction

Anyway, here’s an article at the website of WQXR-FM on the violinist Kyung Wha Chung’s recent performance in London, with some ill-tempered comments by yours truly, weighing in on the much-discussed “coughing child controversy.” It’s really just an anti-concert-audiences-today rant, one of my favorite subjects, whether I’m discussing rock or classical audiences. My comment is posted at 4:25 pm, under “Irfan Khawaja from Lodi, New Jersey.”

Happily, the Decorum Martinets seem to be out-commenting the Narcissistic Entitlement Defenders in this conversation. Some of my favorite comments include those of LAP from New Jersey, Glenn, Peter from Rosedale (on Andres Segovia), ilyatrakht, Reindeer Games, CastaDiva from New York, Dariv, Prevum Cor from Mexico City, and Ramona Perez Finkelman from Nyack. But it’s heartening to see lots of others.

We shall overcome.

Roderick Long on “Reverse Racism”

For obvious reasons, racism and reverse racism are very much on everyone’s minds nowadays. Unfortunately, I don’t have the time to blog on those topics right now (or blog on Ferguson); I’m too much in the thick of end-of-semester grading and the like. But Roderick Long has an interesting post on the topic at his blog, to which I’ve offered a bunch of typo-laden comments.

Having thought about the issue over the past few days, I really do disagree with Roderick in some fundamental ways. I don’t think “reverse racism” is a useful or even entirely coherent concept, and don’t think his thought-experiments prove what he takes them to prove. In fact, I don’t think thought-experiments are a particularly helpful way to think about racism in the first place: in my view, something about the subject demands an “ecological” or “in vivo” rather than thought-experimental approach. In other words, the topic demands engagement with the living, breathing complexity of real-live experiences of racism, not with thought-experiments that abstract away from them. I also think that if the topic is racism, as it should be, Roderick’s focus on black-white relations in the U.S. is overly narrow, and problematically distortive of our thinking. It doesn’t even capture race relations in the U.S., much less race relations beyond American borders.

In particular, Roderick’s discussion ignores anti-Semitism altogether, a topic on my mind because I’m at work on a review of Neil Kressel’s “Sons of Pigs and Apes”: Muslim Antisemitism and the Conspiracy of Silence (forthcoming in Reason Papers, February 2015). I agree with parts, and disagree with other parts, of Kressel’s argument, but I think his book does a good job of exposing the defects of what he calls “antisemitism minimization strategies.” Unfortunately, though he doesn’t explicitly discuss antisemitism (because he doesn’t discuss it) I think Roderick’s minimizations of the moral wrongness of “reverse racism” amount, whether wittingly or not, to something like the minimization strategies that Kressel criticizes. Insofar as Roderick can be read as disagreeing with Kressel, I agree with Kressel.

But this all pretty telegraphic, I realize. Blame my day job for that. Back to grading some intensely mediocre papers on aesthetics.

The Politics of Voting: Four Suggestions

I’ve been thinking a lot lately about voting. I have Jason Brennan to thank for having stimulated me to sustained thought on the subject, via his much-acclaimed book, The Ethics of Voting. As I’ve said before, I agree with Brennan’s thesis in a general way, but the more I think about the details of his argument, the less plausible I find them. (I find his arguments for voter disenfranchisement downright hopeless.) Here’s a link to the 2013 Reason Papers symposium on Brennan’s book, and here’s a link to an earlier critique at PoT of Brennan’s account of character-based voting.

I’ll have more to say about Brennan’s arguments as I find the time to write about them. Meanwhile, here are four quick thoughts on voting, three of them relevant to American elections, the fourth to Israeli elections. In each case, it seems to me that the wrong issues are being discussed–when they’re being discussed at all–and that we ought to change the terms of debate. Only the last of the four topics is relevant to Brennan’s work.

(I) Felon Disenfranchisement
There’s been a lot of talk in the past few years about felon disenfranchisement: felons in the U.S. (perhaps elsewhere, but I don’t know) are deprived of the right to vote. Here’s a fairly typical piece from The New York Times criticizing felon disenfranchisement as racist.

I find discussion of this topic confused. There are at least three different issues involved here; each needs to be distinguished from the others and discussed on its own terms.

(1) A first issue is: given an ideal definition of “felony,” and a well-functioning criminal justice system, should felons be permitted to vote, or should they be deprived of that right as an inherent part of their punishment?

My answer is, “they should be deprived of the right to vote.” I endorse a debt-based conception of punishment according to which, when we interact with someone, we owe him or her (at a minimum) respect for their rights. When someone violates those rights, he incurs a debt to the victim–a debt consisting of compensation for the lost value of the exercise of the victim’s right, among many other things. Punishment, in my view, ought to consist of repayment of that debt. If the debt can’t be paid in full–and for a variety of reasons, it may be impossible to do so–offenders can permissibly be deprived of those goods that would count as ill-gotten gains from crime.

Some simple examples: If you rob me, your voting to dispose of my income without having compensated me for the commission of the crime counts as an ill-gotten gain. Since you’re not entitled to such a gain, you can be disenfranchised. If you kidnap me, what you’ve done is illicitly to try to “govern” my actions by brute force. If I survive, you owe me compensation for your trying to rule me in this way. But voting is a case of ruling me, as well. So ruling me by the ballot counts as an ill-gotten gain (or would) until you’ve paid off the debt you incurred by kidnapping me. And so, once again, you can be disenfranchised until you do.

Suppose that the repayment-requirements on such debts are prohibitively high–high enough that they can’t typically be paid in full by anyone, regardless of how wealthy they are. On my view, government should in such cases have the authority to deprive offenders indefinitely of the right to vote. If you (the offender) can’t compensate me (the victim) for what you’ve done to me, you don’t have the right indirectly (i.e., by voting) to decide the disposition of goods that belong to me. And that, in effect, justifies the disenfranchisement policy we currently have. (For a somewhat similar view of punishment, see the work of Daniel McDermott, who defends what he calls a debt-based conception of retributivism. I’m not sure where McDermott stands on felony disenfranchisement, however.)

Suppose now that we think of government, on Lockean grounds, as a kind of mutual-defense pact for the protection of rights. In that case, any attack on the rights of any member of the pact is an attack on the rights of every party to the pact. By implication, a debt owed to the victim is simultaneously a debt owed to every party to the pact. If the debt in question cannot be discharged in full–and if the crime is serious enough, it probably can’t be–then the parties to the pact can permissibly deny the offender access to ill-gotten goods in lieu of full payment of the debt.

This resolves the old problem of the “missing beneficiary.” For example: if you murder me, you incur a debt to me for having done so. Of course, being dead, I’m not around to collect the debt. In that case, you owe a debt to the rights-respecting members of my society–via their agent, government. Now suppose that you can’t pay the debt in full. In that case, they can deprive you of certain categories of goods on my behalf as well as theirs. One good they can deprive you of is the right to vote: after all, your having that right would give you the right to dispose of the income that they have earned while you still owe them compensation for the right you’ve violated. And you’re not entitled to that. (Incidentally, even if I’m physically unavailable to collect a debt for having been murdered or wrongfully killed, I could during my lifetime have set up an escrow account as an insurance policy in the event of my murder/wrongful death. In that case, an offender might still be obliged to compensate me posthumously, with the proceeds going to my heirs or to the state, as my will or lack of one implies.)

Something similar would apply to rape, to assault and battery, to drunk driving, and to plenty of other recognizable felonies. In short, I don’t see why, as long as we define “felony” properly, felons should be allowed to vote. The debts they’ve incurred to the rest of us are sufficiently high that we needn’t worry so much about whether they have the right to govern us, or dispose of our income. They don’t. I don’t mean to suggest that we have no obligations toward them. I just means that access to the ballot isn’t one of them.

(2) Second issue: is the operative definition of “felony” in the U.S. a good one? Does it, on moral grounds, include and exclude the appropriate items?

I’d say: “no” and “no.” This issue is the one that, in my view, actually gives rise to the felon disenfranchisement controversy. The real problem, it seems to me, is that we’ve made felons of people who shouldn’t be felons, and in consequence of that, have deprived people of the right to vote who should have it. If doing so has adverse racial consequences, my suggestion is: redefine “felon” more narrowly, so as to exclude certain categories of crimes from the list of felonies. If we do, I suspect that the “felon disenfranchisement” problem (insofar as it is a problem) either disappears or is greatly reduced in scope.

(3) Third issue: regardless of the definition of “felony,” is the U.S. criminal justice system systematically and unjustifiably biased against certain populations or sub-populations?

My answer: “probably.” No matter how we define “felon,” there will probably be residual problems in our criminal justice system, some of them with adverse racial consequences–some of them just plain old unjust–and those problems need to be addressed. But the resolution of those problems is not facilitated by the enfranchisement of felons. Convicted murderers, rapists, batterers, and drunk drivers have no distinctive insight into the rights and wrongs of criminal procedure. Nor does it make much sense to bank on the possibility that some small fraction of those convicted felons might be innocent (I’m sure some are), and might impart the wisdom of innocence to us via the ballot. The probabilities of that happening are tiny enough to render the venture as a whole quixotic.

The bottom line is that instead of crusading for voting rights for murderers, kidnappers, rapists, robbers, etc., we ought to be redefining “felony” and actively reforming the defects of our criminal justice system. Felon enfranchisement is just a distraction from those far more important tasks.

(II) Voter ID laws
Now consider voter ID laws. Here’s a usefully balanced article, also from the Times, suggesting that voter ID laws, while problematic, do not have the large-scale effects that some have alleged of them.

The standard argument for voter ID laws is that they pre-empt or minimize voter fraud. The standard argument against them asserts that there is little evidence of voter fraud in the U.S., that voter ID laws have racist effects, and that contrary to their proponents’ rhetoric, voter ID laws are covertly there to produce racist effects.

Once again, however, all this seems to me a distraction from the real issue. To see why, consider the tacit implication of the arguments against voter ID laws. Why, according to those arguments, are voter ID laws unfair? Spelled out, the answer is that large numbers of Americans lack the means to obtain photo IDs for themselves. Lacking access to photo IDs, they can’t meet the requirements of voter ID laws, and are de facto disenfranchised by them.

Suppose ex hypothesi that that’s true, and pause on it for a moment. Voting aside, isn’t that precisely the problem in need of discussion and rectification? How is it that large numbers of people in a first world country do not have access to the means of self-identification? Even if we do away with voter ID laws, the underlying problem remains in place. In other words, even if you don’t need an ID to vote, you need it for other things. How are people without IDs expected to open bank accounts, visit the doctor, or travel by plane–or get driver’s licenses, library cards, discount cards, or government benefits, etc.? Either they’re to do without these things because they lack ID, or they need access to these things, and must therefore obtain access to IDs. I would opt for the latter option, but no matter how you slice it, the issue is not voter IDs, but access to IDs as such. 

The scarce-access-to-IDs situation seems to me a good argument for having some equivalent of a national identity card in just the way and for just the same reasons that so many other countries have them. Here’s a case for them, from the Washington Post.

I agree with the reasons the Post gives for having them, but I’d give one more. It’s been argued by critics of social contract theory since Hume* that express consent theories of consent to government do not or cannot work because we never in fact consent expressly to government. I suppose that that’s partly true, at least for natural-born citizens; we don’t consent to government in the way that we consent, say, to the terms of a credit card. But I see national ID laws as a chance to respond to that problem. Why not structure the task of getting a national ID so that the act of getting one either requires express consent to the government issuing the card, or requires explicit non-consent? If you consent, you get an ID card, and with it, the benefits and burdens of “membership” in the polity. If you refuse consent, you don’t get a card, and can be denied the benefits of membership while being spared the burdens.

There are, to be sure, lots of complications here, many of them entangled in debates about immigration and immigration policy. I can’t settle those here. I would just say that it seems to me that the mechanism I describe is possible, and that its existence would rebut Hume-type arguments against consent, and solve some other practical problems as well. At the very least, focusing on our ID problem–which has significant adverse effects on people’s living their lives–beats focusing on a voter ID problem that seems not to have any significant effects on voting.

(III) Low voter turnout
Now consider the low voter turnout issue. The problem here is supposed to be that relatively few voters show up to vote. In partisan terms, that means that Democrats fare badly in the elections (which, of course, matters more to Democrats than to others). In more general terms, it means that our democracy is not as “robust” as it could be. Personally, I happen to think it means that the ballot choices we’re typically offered aren’t worth voting for, whether for or against. Here’s a website, FairVote.org, devoted to discussion of the issue. Once again, however, it seems to me that much of the discussion there and elsewhere is focused on the wrong things.

Suppose that we want to increase voter participation. (There are reasons not to want to, having to do with wrongful voting and voter incompetence, but set them aside.)  In that case, I’d offer two proposals:

(1) Put a “None of the Above” option on the ballot, so that voters can vote against all the (other) options on the ballot. As things currently stand, you can write “NOTA” as a “write in” on the ballot (I regularly do), but few people realize this, and most people surmise, correctly, that write-ins are meaningless. (I’ve encountered poll workers unaware of the fact that NOTA is a write-in possibility.) But if “NOTA” were on the ballot, it would be at least as significant as any other option on the ballot, and all those disgruntled voters who don’t vote because they dislike all the options might now vote in order to express that view.

(2) Move Election Day from Tuesday to the weekend. Yes, a small minority of mostly religious voters might be inconvenienced by that move (if so, they can use absentee ballots), but as it stands, huge numbers of working people are inconvenienced by Election Day’s having to compete with the workday. Change the day, and I suspect you’d increase voter turnout.

(IV) Voting and the right to complain
 Let me move now from American to Israeli elections, or more precisely, elections in Jerusalem. When I visited Israel/Palestine in 2013, I was both surprised and dismayed to discover that while East Jerusalemite Palestinians have the right to vote in Jerusalem’s municipal elections (though not in Israeli national elections), they almost unanimously refuse to exercise that right, even though their exercising it would substantially change the political landscape of Jerusalem, and benefit them. The argument I heard from Palestinians was that voting would legitimize Israel, which they refuse to do. Sadly, the few Palestinians who offered to run for municipal office, or to vote for pro-Palestinian candidates or causes, were widely regarded by other Palestinians as traitors to the Palestinian cause.

I find that a self-defeating and incoherent set of attitudes. East Jerusalemite Palestinians widely accept–and demand–government benefits from Israel, so it makes no sense for them to refuse to exercise political rights that are on offer from Israel, especially if the refusal to exercise those rights merely disempowers those who refuse to exercise them. The fact is, the budget for government services in East Jerusalem is in the hands of non-Palestinian Israelis, as are decisions bearing on the protection of Palestinian rights. As things currently stand, decisions on both sets of issues are made in ways that ignore or violate Palestinian rights. I would argue that respect for one’s rights is essential to one’s well-being. As it happens, the only efficacious way of ensuring respect for Palestinian rights in Jerusalem is to make changes to the budget and policies of the Jerusalem municipal authority. And the only efficacious way of changing the budget and policies of that authority is to vote to change them. So the options are: vote to defend your rights, or acquiesce in their violation and the consequent diminution of your well-being.

Suppose that we each  have a self-regarding moral obligation to promote our well-being (insofar as doing so is open to us). If so, give the preceding facts, Palestinians ought to vote. If “ought-hood” is sufficient for “duty” or “obligation,” then eligible Palestinian voters have a moral obligation to vote. Contrary to a recent argument of Jason Brennan’s, then, the case of East Jerusalemite Palestinians seems a picture-perfect example of the old saw that if you don’t vote, you shouldn’t complain–or more precisely, if you don’t vote, you shouldn’t complain about the things that voting would have improved, and that only voting can improve, at least for the foreseeable future. If you’re going to be taxed, and you’re going to be regulated, it makes no sense to stand by as your tax money is spent by everyone but you on everything but what matters to you. It likewise makes no sense to stand by as you are regulated to death by the people who are spending your money, as your rights go violated or ignored. Voting is in effect an act of self-defense, and self-defense is a moral obligation.

The obstacle here is supposed to be that it is not instrumentally rational for individual voters to vote, because individual votes cannot change the outcome of an election (or more precisely, cannot change the outcome of a sufficiently large election–a qualification that is sometimes relevant but often ignored in discussions of “voting,” as though all voting were large-scale voting). But if you know anything about Palestinian political culture, I think you’ll see that this objection is spurious. There is no need to worry about the efficacy or utility of individual votes qua individual if the voters in question don’t conceive of their votes in those terms in the first place. If voters naturally conceive of themselves as members of a solidaristic group, and can coordinate their efforts in a given direction as a group–and have a strong reason to do so, and might well be inclined to do so–then the unit of concern is not the utility of individual votes, but the the votes of voting blocs qua blocs whose members self-consciously act in concert.

I realize I’m describing an idealized case, but my point is, it’s a possible case. In fact, it’s more possible and plausible than half of the thought-experiments that clog the philosophical literature. (By the way, there is no contradiction between seeing yourself as an individual with an individual obligation to promote your well-being, and seeing yourself, qua voter, as part of a voting bloc. Membership in the bloc could precisely be what promotes your individual well-being, so that your individual well-being is what dictates membership and a solidaristic self-conception in the first place.)

Now suppose that Palestinians** get their act together, ditching the nationalist and Islamist rhetoric that has retarded their progress for decades. They come to see voting as an act of both collective and individual self-defense. They also see the defense of their rights as a contribution to the common good (which includes Israelis). Suppose (perhaps improbably but not impossibly) that the Israelis do not interfere significantly with Palestinians’ voting en masse.

Suppose further that Palestinians think of voting by analogy with having an intifada. In other words, as with the first intifada in the 1980s, they organize their efforts to vote strategically*** as a single unified voting bloc: they caucus, organize, and promise one another to vote for pro-Palestinian policies. Suppose that it is relatively obvious what these policies should be, and what the votes for these policies should be. Suppose, further, that voters are well-informed. Now suppose that a large number of Palestinians enter these caucuses voluntarily, and through caucusing, manage to ascertain (by mechanisms internal to the caucuses) that there are enough Palestinian votes among them to tip the scales of a given Jerusalem election. If so, each Palestinian voter could regard himself or herself as part of an assurance contract with all other Palestinian voters. And if so, each voter would have an obligation (to the others and to him or herself) to vote in the way he or she had promised in the contract.

My argument here is essentially that if you can organize a mass uprising–an intifada–you can organize a mass voter campaign. Further, if an intifada involves the implicit equivalent of an assurance contract (as it does), you can in principle model  a mass voter campaign on an intifada, and turn the campaign into an activity that involves an actual assurance contract. But if contracts bind, an electoral assurance contract yields a duty to vote. So under certain nomologically possible conditions, there can be a duty to vote, and given this duty, it can be irrational to complain about unfair or harmful political policies if you don’t vote.

I can’t work through all the details here, but take a look at Brennan’s argument in light of the preceding. Either my East Jerusalem case is a counter-example to his thesis, or it’s a defeater for it. In the first case, it refutes the thesis as stated. In the second case, it suggests that the thesis is highly misleading as stated. Given that, my argument requires that Brennan qualify his claims about the ethics of voting in ways that take more explicit stock of cases like the East Jerusalem one–something that would substantially change the “flavor” of his theory.

I realize that Brennan has an explicit discussion of strategic voting in his book (Ethics of Voting, pp. 129-33), and that the discussion includes a “strategic voting clause” (p. 131), but I think almost all of what he says talks past what I’m saying here. What he doesn’t discuss either in the book or in the article I’ve linked to, is the possibility that you could have a duty to vote in cases like the East Jerusalem one, that your vote would matter in those cases, and that you’d have no right to complain if you didn’t vote. (See the notes below for a comment on “strategic voting.”)

While you’re looking at Brennan’s arguments, read his discussion of “the moral disenfranchisement of poor minorities” in The Ethics of Voting, pp. 105-7. I find the discussion very inadequate even on its own terms, but for present purposes it’s worth noting how narrow it is. Like so many American writers, in writing about “minorities,” Brennan structures his discussion around black-white relations in the U.S., assuming somehow that what he says about that will generalize elsewhere–everywhere. It doesn’t. In particular, he assumes that “poor minorities [will] overwhelmingly qualify as bad voters” by his criteria, and offers some rather handwaving suggestions about how they’re to handle–or how he would think about handling–their disenfranchisement.

What he doesn’t consider is the possibility that the issues in contention in a given election may sometimes be entirely straightforward and require nothing in the way of the social scientific “credentials” he regards as necessary conditions for eligibility to vote. Putting aside the American case, I think this is patently obvious in non-American ones, like that of East Jerusalem. It takes no special social scientific wisdom to figure out that your interests, your rights, and the common good are better promoted by someone who stands for fairness than by someone who makes no secret of wanting to subvert your interests, violate your rights and exclude you from the common good. If Brennan’s epistemic elite hasn’t figured that out, frankly, they have a lot to learn.

I’m hoping to spend the summer of 2015 in East Jerusalem teaching at Al Quds University. While I’m there, I intend to make the case for what I call rights-based strategic voting by Palestinians in Israeli elections. Feel free to hit me with objections in the combox if you disagree with the sketch I’ve just given of it. I may well be hit with more than that while I’m there, and I’d like to start my preparations now.

*Actually, Hume concedes, almost parenthetically, that consent is a possible basis for political legitimacy: “I only pretend [aver] that it has very seldom had place in any degree, and never almost in its full extent” (paragraph 20). But that claim is entirely compatible with consent’s coming to be the basis of political legitimacy in the future by concerted effort aiming to bring it about. Considered as an argument against Locke on consent, what Hume says in “Of the Original Contract” strikes me as a series of ignoratios elenchi.

**For brevity, I use the word “Palestinian” throughout, but I don’t really mean to be restricting that to ethnic Palestinians. I’m using “Palestinian” as short-hand for those who would actively organize for and act on behalf of Palestinian rights in East Jerusalem. The bulk of those people would most likely be ethnic Palestinians, but not all of them would. It’s just too cumbersome to be explicit about this in every sentence.

***I’m using the term “strategic” in its colloquial, not its technical sense. In its technical sense, “strategic voting” is voting for candidates or policies that are contrary to one’s sincere preference, in the hopes that doing so will realize some preferred outcome. In the colloquial sense, “strategic” voting is simply voting to bring about some end by means of a collectively-adopted political strategy for bringing the end about. I happen to think that the technical concept of “strategic voting” is a confused and equivocal one, but that doesn’t matter. My scenario makes no reference to insincerity on voters’ part.

Postscript, Nov. 30, 2014 (relevant to proposal I, felon disenfranchisement): This blog post, at Slate Star Codex, is well worth reading on the race and criminal justice in the United States. It complicates the picture, but I don’t think it changes anything I said about felon disenfranchisement. Hat-tip: Kate Herrick.

Postscript, April 5, 2015 (relevant to proposal IV, voting and the right to complain): Useful background on the political situation in East Jerusalem, from the London Review of Books.

Postscript, December 25, 2015 (relevant to proposal II, voter ID laws): An interesting article in The New York Times about Mayor DeBlasio’s “New York ID” program and the obstacles to success it’s facing at area banks. All things considered, the program seems a step in the right direction.

To Fish or not to Fish?

One of the happiest discoveries that I ever made in my youth was fishing. I discovered it one summer in the lakes region of central New Hampshire, when I was 12 years old. My grandfather sent me to a little brook to fish for brook trout. The brook was tiny, and when I first saw it I thought “There aren’t any fish in here.” Then I took a step toward the brook, and it happened. Like little streaks of blurred lightning under the rippling, bubbling water, they flashed out in every direction. I was stupefied. I was amazed. I was in awe. And I was hooked. From then on, I was an avid angler.

But now I am having doubts. Over the years I have often thought to myself that if I had to defend our treatment of animals in a debate with a smart critic, I would lose that debate. But until now I have managed to put the issue out of my mind. Then, last week, two things happened. First, Andrew Chignell came to the Center for Philosophic Exchange and gave a talk about the ethics of eating meat. That got me thinking again, and doing some more reading. Second, I discovered a recent book by a biologist named Victoria Braithwaite, entitled Do Fish Feel Pain? I have not read the book yet, but from the reviews that I have read, it sounds like she makes a pretty good case that the answer is “yes.” I plan to read the book soon, and I will tell you if that turns out to be false. In the meantime, I am struggling with this question. If fish do feel pain – if they suffer when I hook them and pull them out of the water, then should I stop fishing? I’m going to share a few open-ended thoughts about it here, and then listen with interest to what the rest of you think.

There is one thing that I feel fairly certain about. Pain is morally significant. If an action causes pain, then that is at least a pro tanto moral reason not to perform that action. So if fish feel pain when I hook them and pull them out of the water, then that is at least a pro tanto moral reason not to fish. I think that I am familiar with most of the standard reasons to discount animal pain, and I find them all unconvincing. They all seem to amount to saying, in one way or another, that “We’re smarter than they are, so their pain doesn’t matter.” My response is that pain hurts just the same, regardless of how smart you are. Of course, I agree that the lack of certain kinds of intelligence precludes the possibility of certain kinds of pain. For instance, if fish do not project very far into their futures, then they probably do not fear death in exactly the same way in which a human being would. But that does not change the fact (if it is a fact) that they feel pain, and that their pain hurts, and that hurting is a bad thing. So I don’t find this whole “we’re smarter” line of argument very helpful in this context. That is not to say that there are no morally relevant differences between human and nonhuman animals. I’m not arguing for that here. My present position is just this: fish pain is a pro tanto reason not to fish, and therefore if fishing is to be justified, then there must be a morally relevant reason for doing it that outweighs this reason not to do it. What could that be?

Robert Nozick once said that his view about animals was “Kantianism for human beings, and utilitarianism for everything else.” Let’s try that out, and see where it goes. I do enjoy fishing. I enjoy it immensely. Is it possible that my enjoyment of fishing is sufficient to outweigh the negative value of fish pain? At this point the problem of interpersonal utility comparisons leaps clearly into view. How could I possibly make a reasonable comparison between the fish’s pain and my enjoyment? Even if I can discern that fish feel pain, how could I measure or quantify it in such a way as to make a comparison with my enjoyment of fishing? I find that extremely difficult to do. Maybe the empirical evidence will help me here. I will find out. But if I cannot make the comparison, then it seems to me that I should err on the side of not causing harm. In that case, it seems that I should forgo fishing. On the other side, however, there is my love of the activity, and the long, personal history that I have with it. That seems to count for something too. But here again, I really don’t know how to weigh it.

Well, as you can see, I am in the throes of this question, with no clear answer. Here is one possibility, which intrigues me. When I think about fishing now, and I imagine catching a fish, the fact that the fish might be feeling pain comes to forefront of my mind. Maybe what I should do is to read the book on fish pain, and then go fishing. If I hook a fish, and I am fully aware of the pain that I am causing, maybe my conscience will tell me what I ought to do. Maybe I should trust my own reaction at that moment. Or should I? I really don’t know.

“This video is private.”

I’ve updated my post from earlier this month on The Atlas Society’s panel discussion, “The Objectivist Movement Today.” Apparently, the champions of “Open Objectivism” have decided to “privatize” the video of the panel I had criticized. In other words, if you try to access it from their website, you get a message that says, “This video is private.”

I would reconstruct the (obviously enthymematic) argument involved here as follows:

1. If the video is out of sight, it is out of mind.

2. If the video is out of mind, it is unreal.

3. If the video is unreal, then Khawaja’s criticisms of its contents are unreal, too.

4. The video is out of sight!

Hence

5. Khawaja’s criticisms of the video’s contents are unreal.

From (5) it follows straightaway that you need not take Khawaja’s criticisms very seriously.

Yes, it does follow. But is it true? The answer is “private,” but accessible to anyone with a functioning brain and introspective access to it.