Nozick, State, and Reparations

Talk of reparations has come back into common currency in American political discourse–meaning reparations to African Americans for the wrongs done to them since the beginnings of slavery. I don’t have a fully considered view on reparations (many of the arguments both for and against strike me as one-eyed), but I’ve both been surprised (and in another sense, not surprised) to hear libertarians insist so adamantly that libertarianism rules out reparations. Anyone who thinks this owes it to himself to read or re-read Robert Nozick’s Anarchy, State, and Utopia, if not cover to cover, then through the end of Part I, as I did on a recent plane ride. Continue reading

“Terrorism” as Toxic Term: A Reply to Irfan Khawaja

I am grateful to my friend and professional colleague Irfan Khawaja for his incisive critique of my short piece, Terrorism as a Toxic Term: Why Definition Matters, and for generously allowing me to post my reply on his website. As Irfan underscores, our main difference regarding the definition of the term “terrorism” is a difference in “focus,” but perhaps there is also a difference in kind. That is, the kind of definition that one might find morally adequate for describing terrorist violence. I argue that the disposition of the perpetrators and the objective innocence of the victims should be the focus of an adequate and fair definition of terrorism.

Irfan, however, argues that one “should focus on the reasons that terrorists cite to justify their actions.” He contests “the idea that a definition of terrorism should describe it merely as a use of violence rather than an “initiatory” [my italics] use of violence and a response to one.” Irfan’s suggestion is well taken. I agree with him that there is a relevant distinction “between purely initiatory aggression on the one hand, and disproportionality or indiscriminateness in an otherwise justified response to aggression on the other.” Continue reading

A Moral Stop Sign for Andrew Pollack

There comes a point at which one has to draw a line, even with the victim of a tragic and heinous crime, and say (my words, not the judge’s):

Your daughter is dead. That’s horrible and unfair, but the time has come for you to stop trying to ruin other peoples’ lives over it. Leave them alone, and find a way to come to terms with your tragedy without harming innocent bystanders in the process. Tragedy and premature death didn’t begin with you, won’t end with you, and don’t justify your desire to wreak vengeance on people who don’t deserve it. At a certain point, even the most sympathetic victim starts to lose the world’s sympathy. You’re there.

Perhaps not a message calculated to win any popularity contests. But no less necessary for that.

“Terrorism” Revisited

My friend Vicente Medina (Philosophy, Seton Hall University) has a short piece out on the semantics of “terrorism” in Government Europa Quarterly, an online journal.  We had a few discussions of Medina’s views on terrorism here at PoT in advance of the symposium on his book, Terrorism Unjustified, that took place at Felician about a year and a half ago (see here and here). A published version of the Felician symposium is about to come out soon at Reason Papers, consisting of three critical responses (by Graham Parsons, Theresa Fanelli, and myself), and a response by Medina. Continue reading

The Premature Demonization of Scot Peterson Revisited

The Stoneman Douglas High School Shooting, aka the Parkland shooting, took place on February 14, 2018. At the time, I wrote four blog posts posing unanswered questions about the shooting, questions that (it seemed to me) weren’t being asked or answered by press reporting at the time. Here are the first, third, and fourth. I could well have written another four, but lost track of the issue for lack of time and initiative.

The second of those posts was on what I called the “premature demonization of Scot Peterson.” Peterson, you’ll recall, was the police officer assigned to the high school as security (the “SRO,” or School Resource Officer), and accused of “cowardice” for his “failure” to enter the building where the shooting was taking place. In my original post on the subject, I raised questions about the appropriateness of both of these judgments. It wasn’t obvious, at least from the facts reported at the time, that Peterson had “failed” at anything, nor was it clear that he was guilty of “cowardice.” Continue reading

R. Kelly and Mob Justice

I was on spring break last week, so I made the mistake of sitting down and watching some TV for the first time since Thanksgiving. Maybe it’s just my ineptitude with a remote, but aside from Ilhan Omar’s anti-Semitism, the only topic that seemed up for discussion was R. Kelly and the charges made against him. (I also made the mistake of watching Spike Lee’s “BlacKkKlansman,” quixotically expecting a Spike Lee movie to rise above the level of a comic book, but alas, wrong again. More on that fiasco some other time.)

Here’s an obvious point about guilt and innocence when it comes to criminal charges: if you’re going to try someone for a criminal allegation in the court of public opinion–a very big and very dubious if–you have to distinguish clearly between four mutually exclusive things:

  • the case against him,
  • the case in his defense,
  • the set of known facts that don’t easily fit either of the first two categories, and
  • the unknowns.

The least you can do is to try to do justice to the facts in all four categories, rather than fixating on, say, the case against him to the exclusion of everything else. There are complications here about how broadly or narrowly to understand each category, but even if we set those aside, there’s more than enough complexity here to keep a competent journalist busy for awhile. Continue reading

Felician Events: Policing, Deportation, and Immigrant Rights

Three event announcements for people in the New York/New Jersey metro area (this announcement amends and supersedes an earlier one I put up):

Policing from a Cop’s Point of View
Thursday, November 8, 2018, 1-2:15 pm
“Ray’s Place,” Main Auditorium, Education Commons Building
Felician University’s Rutherford campus
227 Montross Ave.
Rutherford, New Jersey 07070

We live in a climate of opinion that is highly critical of the police: charges of racism, brutality, procedural irregularity and the like abound. But what is the experience of working police officers? How do they experience what they deal with on the job, and what do they think about the criticisms commonly made of them?

We’ll hear answers to these and other questions from four local police officers: Louis Mignone, a former detective for the West Orange Police Department (now an adjunct in Felician’s Department of Criminal Justice); Julie Ann Zeigler, a sergeant for the Rutherford Police Department; John Russo, Chief of Police for the Rutherford Police Department; and John Link, former Chief of Police of the Clifton Police Department (and an adjunct in Felician’s Department of Criminal Justice). The event is free and open to the public.

Continue reading

“An Enmity to One’s Being”: A Murder in Palestine

Put in mere prose, the event sounds so humdrum and everyday that the reader is apt to let it in through one ear, and let it out the other:

AFTER A TRIAL that lasted nearly four years, Ben Deri, a former member of Israel’s paramilitary border police force, was sentenced to nine months in jail on Wednesday for firing live ammunition through the chest of an unarmed Palestinian protester without having been ordered to do so.

But sometimes, seeing is believing, and sticks with you awhile:

People sometimes complain, justifiably, that video footage of a crime or atrocity distorts the event by truncation: you miss what preceded the footage, and what came after, to fixate unfairly on the slice in between. Harder to make that claim here. Continue reading

Terrorism Justified: A Response to Vicente Medina

[This is a draft of the paper I’ll be presenting this Saturday at the Author Meets Critics session I’m organizing on Vicente Medina’s Terrorism Unjustified: The Use and Misuse of Political Violence, featuring presentations by Theresa Fanelli (Felician), Graham Parsons (West Point), and myself, with a response by Vicente Medina (Seton Hall). Comments welcome. For a link to an earlier discussion of Medina’s book at PoT, go here.]

Terrorism Justified: Comment on Vicente Medina’s Terrorism Unjustified
Author Meets Critics Session
Felician University, Rutherford, New Jersey
April 21, 2018
Irfan Khawaja
Felician University

  1. Introduction

Vicente Medina’s Terrorism Unjustified offers a comprehensive, clear, and thorough critique of terrorism. There’s a sense in which I agree with and greatly admire Medina’s argument, and a sense in which I fundamentally disagree with and reject it. In this paper, I’ll focus on the disagreement, in the hopes that in doing so, the implicit agreement will come out as well.

I begin in Section 2 by making some critical observations on Medina’s definition of “terrorism.” The definition, I suggest, pushes the reader in two different directions—a categorical rejection of terrorism, and a subtly conditional one. On the latter interpretation, terrorism can be justified, but only in situations that Medina regards as extremely implausible and unlikely. In Section 3, I offer an extended thought-experiment, verging on a fable, intended to give plausibility one such situation. In other words, the case I describe is one in which it seems (to me) justifiable to target people that Medina would regard as “innocent noncombatants,” or else to inflict foreseeable harm on them without having to meet a “reasonable doubt” criterion as to their moral status. In Sections 4 and 5, I make explicit what the fable leaves implicit. Continue reading

Documenting a Police Detention (2): The Long and Short of It

All history was a palimpsest, scraped clean and reinscribed exactly as often as necessary. In no case would it have been possible, once the deed was done, to prove that any falsification had taken place. –George Orwell, 1984

As readers of this blog know, on November 29, 2017, I was detained and interrogated for several hours by members of the Lodi Police Department and Bergen County Prosecutors Office on suspicion of being an “active shooter.” Though I was not formally charged with a crime, my detention was arguably tantamount to a full arrest: I was involuntarily transported from the original place of detention to a nearby police station, involuntarily held there for a few hours, and involuntarily questioned, despite repeated invocations of my Fifth Amendment right to remain silent. Eventually, I was released without further incident.

A few weeks ago, I sent Open Public Records Act requests to both agencies for documentation of my detention. The Lodi Police Department responded to my request with a 21 page document. The Bergen County Prosecutors Office responded with a one page letter. Both sets of documents are instructive, both for what they say and for what they omit.  Continue reading