Desert and Merit (3)

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)

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.

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H.L.A Hart on Commands and Consent

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

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?

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the right sort of intrinsic desire to avoid doing morally wrong things

One can do what is morally right without the action having moral worth, as with Kant’s (merely) prudent shopkeeper (not overcharging a naive customer when she easily could). The reason that the shopkeeper’s right action lacks moral worth is, roughly, that she does not have the right sort — the moral sort — of aim or motivation in doing the right (honest) thing.

In recent literature, folks distinguish two different sorts of motivational contents (motivating reasons) that might go into having the correct sort of motivation for a right action to have moral worth. First, there is content that concerns right-making features (RMF-type content), content like that overcharging this customer would fail to treat each customer equally. Second, there is content that concerns rightness (or wrongness) itself (RI-type content), content like that it would be wrong to charge this customer more than I charge the others. Some, like Nomy Arpaly and Julia Markovitz, have argued that only RMF-type motivational content is necessary. One intuitive point that works in favor of this approach is this: absent any knowledge of what makes a right action right, the insistence on doing the right thing can begin to look like a kind of empty fetish. Also, in the Huckleberry Finn case, Huck doesn’t turn Jim (the slave) in partly because he sees Jim as concretely human in various aspects (something that would make turning Jim in wrong, so an RMF-content) even though he thinks doing this is wrong (an RI-content that motivates toward turning Jim in).

More recently, others (e.g., Zoe Johnson King, Paulina Sliwa, Kashev Singh) have argued that RI-content is necessary as well (and sometimes that RI-content is primary, as Johnson King and Sliwa argue). Among other things, these authors (and others) produce reasonably convincing arguments against drawing the conclusions that Arpaly and Markovitz draw from cases of doing what is right simply because it is right (with no particular understanding of what makes right actions right operative, hence the charge of fetishism) and from the Huck Finn case (responding, by doing what is right, to the things that make the right action right, while holding explicit judgments that the right action is wrong).

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H.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.

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The “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.