Questions about the Parkland Shooting (2): The Premature Demonization of Scot Peterson

Here’s my second round of generally unasked questions about the Parkland shooting:

What legitimate purpose was served by branding Deputy Sheriff Scot Peterson a coward, thereby inducing his resignation and tarnishing his career, before the investigation into his performance had been completed (in fact, it had barely gotten underway), and (obviously) before all of the relevant facts were in?

I can think of a couple of patently illegitimate purposes:

  1. The demonization of Peterson facilitated some awe-inspiringly gratuitous virtue-signaling, the ne plus ultra of which was Donald Trump’s mind-blowingly idiotic claim (even for him) that he, Trump, would have gone in to confront the shooter with or without a weapon in hand. Unclear what this “act” of bravado would have accomplished, except to have put a bullet in Trump’s brainless head–not a bad outcome, I suppose, but not precisely the intended one. But let’s not stop with Trump: lesser versions of Trump’s grandstanding–or waking dreamwork–have now become ubiquitous. Apparently, we live in a country of bravehearts and tactical experts who know a coward-under-fire when they see one on video, or rather, read about the video on Facebook.
  2. The attacks on Peterson also reinforced the essentially Trumpian ethos of making personnel decisions a matter of mobocratic approbation or disapprobation, a la “The Apprentice.” Professionals are now being fired across the country and across professions (or else being induced to resign their positions), not for demonstrable violations of professionally-relevant standards, but for reasons of PR and image control: what looks bad is bad has become the axiom. The people acting on that axiom are now commonly hailed as “courageous” for firing helpless subordinates without a feasible means of challenging their higher-ups; its victims have become the scapegoats that everybody loves to hate. The inversion of virtue to vice, and subordination of reality to appearance, has become complete.

I’m curious to know whether anyone can adduce good reasons for Peterson’s being treated the way he was. Naturally, the video that depicts Peterson’s supposed delinquency is not being released, because it’s part of an “ongoing” investigation (which didn’t stop the authorities from releasing confidential material on Cruz’s state of mental health). In other words, the video that is generating so much outrage is mostly invisible to the people undergoing the outrage, because the agency in custody of it is engaged in an “investigation” with an outcome they’ve already announced. It all gives new meaning to the old cliche, “Nothing to see here.” Continue reading

I’m with Stupid, and So Are You

Campus Security approached me last week just as I was about to start class, in search of a certain student enrolled in the class. As the student hadn’t yet arrived, I was asked to tell the student to report immediately to the Dean of Students–an office located some fifteen minutes away on a different campus. The student showed up about five minutes later. It seemed a matter of great urgency, so I gave him the message as soon as I could. Chastened, he left, missing a fascinating class–on the ad baculum fallacy.

It turns out that my student was being called to the Dean of Students on suspicion of being a moderately active shooter. Apparently, he’s been having difficulty lately with his roommate. During a conversation with a friend on the phone, the topic of firearms came up. On overhearing an ambiguous phrase during this conversation involving the word “guns,” the disgruntled roommate reported my student to Security. And so, my student was brought before the Dean of Students to answer for the loose gun-talk he’d been engaging in on the phone. Luckily, the discussion went sufficiently well to exonerate him of any serious threat, so he showed up today in class to tell the tale. It could have been worse. He could have been arrested! Continue reading

Questions About the Parkland Shooting (1): Whatever Happened to Patient Confidentiality?

The Parkland shooting seems to be one of those “tipping point” events that–like Ferguson in the case of the abuse of police power–may well change the trajectory of the debate over guns and gun control in the United States. At this point, it seems premature to come to any definite conclusions, whether about the shooting, or about what follows from its having happened the way it did. What seems more obvious to me is that far too many questions are going unasked. Here’s the first of several posts devoted to questions provoked by the shooting and the response to it–this first one provoked by the ease with which journalists seem to have gotten their hands on psychiatric or quasi-psychiatric reports having to do with the shooter’s state of mental health.

A question for people in social work/law enforcement: is there a legal/ethically legitimate way of getting hold of an adult welfare report by some equivalent of a Department of Children and Families as described in the article linked to just above? Or is journalistic reporting on the Florida DCF report on Nikolas Cruz based on a confidentiality-violative leak? Here’s some typical reporting on the release of the report, which is described as “confidential” in the same breath as it’s described as a matter of public record. Continue reading

normativity as a type of functional capacity in motivation (the case of having reason to be instrumentally rational)

We might think of normativity as something like our functional capacity to solve the problem of maintaining sufficient moment-to-moment motivation in order to effectively pursue goals and comply with norms (using ‘norm’ here in a descriptive sense that might be associated with either standards/rules of functional operation or social expectation/accountability). Continue reading

Neutrality Loathsome

God will have all, or none; serve Him, or fall
Down before Baal, Bel, or Belial:
Either be hot, or cold: God doth despise,
Abhorre, and spew out all Neutralities.
–Robert Herrick (1846)

Robert Nozick, on Locke’s theory of acquisition, in 1974:

Why does mixing one’s labor with something make one the owner of it? Perhaps because one owns own’s labor, and so one comes to own a previously unowned thing that becomes permeated with what one owns. Ownership seeps into the rest. But why isn’t mixing what I own with what I don’t own a way of losing what I own rather than a way of gaining what I don’t?…Perhaps the idea, instead, is that laboring on something improves it and makes it more valuable; and anyone is untitled to own a thing whose value he has created….Ignore the fact that laboring on something may make it less valuable (spraying pink enamel paint on a piece of driftwood you have found). Why should one’s entitlement extend to the whole object rather than just to the added value one’s labor has produced? (Anarchy, State, and Utopia, pp. 174-75).

From an article in The New York Times on the judgment in the 5Pointz graffiti case a few days ago:

Ruling that graffiti — a typically transient form of art — was of sufficient stature to be protected by the law, a federal judge in Brooklyn awarded a judgment of $6.7 million on Monday to 21 graffiti artists whose works were destroyed in 2013 at the 5Pointz complex in Long Island City, Queens.

In November, a landmark trial came to a close in Federal District Court in Brooklyn when a civil jury decided that Jerry Wolkoff, a real estate developer who owned 5Pointz, broke the law when he whitewashed dozens of swirling murals at the complex, obliterating what a lawyer for the artists had called “the world’s largest open-air aerosol museum.”

Though Mr. Wolkoff’s lawyers had argued that the buildings were his to treat as he pleased, the jury found he violated the Visual Artists Rights Act, or V.A.R.A., which has been used to protect public art of “recognized stature” created on someone’s else property.

So whatever the added value of pink enamel paint, the added value of multicolored enamel paint turns out to have a pretty specific dollar amount. Continue reading

My War Against America

Almost thirty years ago, as a callow Rand-intoxicated undergraduate, I bought Ayn Rand’s collection The Voice of Reason: Essays in Objectivist Thought, opening with breathless anticipation to Leonard Peikoff’s anti-academic rant, “Assault from the Ivory Tower: The Professors’ War Against America.” This passage briefly arrested my attention:

If you want still more, turn to art – for instance, poetry – as it is taught today in our colleges. For an eloquent example, read the widely used Norton’s Introduction to Poetry, and see what modern poems are offered to students alongside the recognized classics of the past as equally deserving of study, analysis, respect. One typical entry, which immediately precedes a poem by Blake, is entitled “Hard Rock Returns to Prison from the Hospital for the Criminal Insane.” The poem begins: “Hard Rock was ‘known not to take no shit / From nobody’ …’ and continues in similar vein throughout. This item can be topped only by the volume’s editor, who discusses the poem reverently, explaining that it has a profound social message: “the despair of the hopeless.” Just as history is what historians say, so art today is supposed to be whatever the art world endorses, and this is the kind of stuff it is endorsing. After all, the modernists shrug, who is to say what’s really good in art? Aren’t Hard Rock’s feelings just as good as Tennyson’s or Milton’s?

Two things struck me at the time about this passage: Continue reading

Asma Jahangir, RIP

Just happened on news of the untimely death of Asma Jahangir, the Pakistani human rights activist–a familiar face in Pakistan, but essentially unknown in the United States: telling, somehow, that we all know Malala Yousafzai, the Nobel Prize winner who fled Pakistan, but tend not to know Jahangir, the unsung hero who made the choice to remain. The vocabulary of “heroism” is probably overused, but genuinely applies here.

Pakistan_Obit_Jehangir_14836.jpg-c0b71.jpg (480×319)

The truth is, though I followed Jahangir’s work in a sporadic way, and admired her from afar–in part because a cousin of mine worked for her organization–her death shocks me into the realization of how little I know the details. But I guess it also gives me the impetus to learn. I’ll use this space for the best material I encounter on her life and work.

We Contain Multitudes (or: “Give Us Your Wretched”)

I got two or three memos in my inbox today, depending on how you count them.

Memos 1 and 2 came from the Office of Mission Integration and Campus Ministry, with the request that we encourage our students to participate in their upcoming events, expressing support for illegal immigrants currently detained and awaiting deportation:

Sr. Antonelle Chunka will be in the Cafeteria in Obal Hall on Monday, February 12 at 1 pm, to discuss the ministry to immigrants in the Elizabeth, NJ detention center. Sister was part of the John Paul II Lecture Panel on Undocumented Immigration we held here at Felician last Spring.

All are welcome.

THIS IS CATHOLIC SOCIAL TEACHING IN ACTION!

February 14: Join Campus Ministry and First Friends of New Jersey as we hold vigil outside the Elizabeth Detention Center in solidarity for those being detained due to their immigration status.

We will gather at the Rutherford Campus, first floor of Education Commons building at 4:45 pm and leave campus by 5:00 pm. Vigil begins outside the Elizabeth Detention Center at 6:00 pm.

Memo 3 came from the Dean of Students, with the request that we encourage our students to participate in an upcoming webinar on the many career paths available to officers in federal law enforcement, notably careers involving the detention and deportation of illegal immigrants:

Continue reading

Treason for the Goose

Isn’t what’s treason for the goose also treason for the gander? I’d have thought so. Maybe that’s why we should avoid making half-baked charges–or half-charges–of treason unless there’s a really good reason for doing so.

As for this…

With the possible exception of an American “levying war” against U.S. troops in a place like Afghanistan, “the biggest-picture takeaway is that there is no treason occurring on any side now,” said Jed Shugerman, a legal historian at Fordham Law School.

Fair enough. But I’d have thought that a good legal historian would enjoy a good hypothetical. For example: if Israel is at war with the Palestinians, and dual national Israeli-Americans join the IDF to shoot at Palestinian-Americans or Americans-in-Palestine, what exactly is the word for that? It’s not treason, I know. It’s not reason, either. But it’s always in season.

I guess there’s a widespread temptation to say “nullum nomen, nullum nominandum” in this case (roughly: “where there is no name, there is nothing to be named”). But maybe there shouldn’t be.

Nervous Shakedown: Scenes from a Police Detention (1)

On the morning of November 29, 2017, I taught my 8:15 am ethics class in Kirby Hall at Felician University’s Lodi campus. Having taught class, I returned to my third-floor office in Kirby around 9:30. At a little after 10 am, I received a call from Dr. Edward Ogle, the University’s Vice President for Academic Affairs (hereafter, “VPAA”). The VPAA asked me to come to his office immediately, as something “urgent” had come up, offering no further elaboration. I told him I was on my way. I put on my coat and took my wallet, leaving my phone in my desk. As I left the building, I was met by the VPAA in the company of two uniformed officers of the Lodi Police Department. The VPAA asked me to accompany him to his office in the company of the officers, and I did.

On reaching his office, we encountered a third uniformed officer, apparently a sergeant, who said: “You’re not under arrest, but you’re being held.” He then read me my rights. I remember his mentioning my right to remain silent, but don’t remember whether he informed me of a right to have an attorney present. He then asked whether I understood my rights. I said I did. He asked me whether I was willing to discuss the matter at hand. “No,” I said. “Well,” he said, “that makes things easier,” walking into a nearby hallway to make a phone call. I heard only one sentence from the sergeant’s end of the call: “Nothing. He hasn’t said anything.” Which was true enough, and stayed that way all afternoon. Continue reading