War with Iran (4): The Target Package

Donald Trump has famously and idiotically tried to assuage fears of a war with Iran with the assertion that he had Qasem Suleimani killed not to start a war but to prevent one. Putting aside the ad hoc quality of his reliance on the distinction between the intended and the foreseen, this happens to be a classic case of its total irrelevance: it doesn’t much matter in this context whether Trump intended to start a war, or merely foresaw that he might start one, or just recklessly took his action without thinking too hard about what he was doing. Yes, there’s a distinction to be drawn between a war brought about by intention and a war brought about through extreme recklessness. But it’s a distinction without a difference in a case where the action leading to war initiates force and violates any plausible conception of prudential rationality to boot. It doesn’t help that the rationalization for it comes from a pathological liar. Continue reading

Police Tailgating and Entrapment Revisited

Since I’ve been revisiting so many things lately, and Roderick just posted his PPE presentation from last year (which I missed), I figured I’d revisit the topic of police tailgating and entrapment that I mentioned here last year. Down below is the (alas, rejected) abstract proposal I sent to the forthcoming PPE conference.  Below the abstract, I’ve pasted a few interesting cases I’ve recently encountered of what I take to be entrapment on my account of it.

I gave an earlier version of the tailgating paper this past July at the NASSP conference in San Francisco, where it was mostly met with puzzlement. The main objection from the audience was that my account of entrapment-by-intimidation was, in some sense, too revisionary to count as entrapment. Police tailgating to induce a moving violation was, most people granted, a due process injustice of some kind–just not a case of entrapment. I was surprised to encounter a small handful of people who didn’t think that police tailgating was either entrapment or a due process injustice of any kind. But I guess weirdos like that are what conferences are for. Continue reading

Reparations Revisited

A couple of weeks ago, I wrote a post arguing that Nozickian libertarianism entails reparations.* The reparations in question follow from Nozick’s “principle of compensation,” which offers compensation for what Nozick calls “preventive restraints,” that is, coercive restrictions on individuals imposed in order to lessen the risk that they will violate others’ rights. So-called Terry stops are a paradigmatic example of a preventive restraint in Nozick’s sense (I argued), so that those on the receiving end of them would on Nozick’s view be owed compensation. If we assume (ex hypothesi, but still plausibly) that young black men (or black people generally) are disproportionately on the receiving end of preventive restraints, then young black men (or blacks generally) would disproportionately receive Nozickian compensation. That compensation, I suggested, is a form of what’s commonly called “reparations.” Continue reading

The More You Suppress Him, the Larger He Get

I have in the past criticized the U.S. government’s decision to bar Tariq Ramadan’s entry into this country on ideological grounds (26 page PDF). This isn’t because I have any admiration for Ramadan, to put it mildly, but because I don’t think that decisions to allow entry into a country should be made on ideological grounds. Genuine security concerns are one thing; ideological objections are another. The distinction isn’t that hard to draw, and shouldn’t be that hard to respect. In Ramadan’s case, we neither drew nor respected it. We managed in the process to make a martyr of him and take a crap on our own principles. Continue reading

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

Cashing the Check of Justice (1)

But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity in this Nation.

So we have come to cash this check. 

–Martin Luther King, Jr. , “I Have a Dream” (1963)

I just got home from nearly three weeks abroad. Waiting for me in the mail: final judgment in my favor on my Superior Court appeal against Bedminister Municipal Court. But the case is not over. Continue reading

The Unwarranted Demonization of Scot Peterson (4)

Readers of Policy of Truth know that I’ve been doing a series of posts on what I call “The Unwarranted Demonization of Scot Peterson.” Scot Peterson was the School Resource Office, or armed law enforcement officer, assigned to guard Marjory Stoneman Douglas High School in Parkland, Florida, scene of what’s now known as the Parkland shooting of February 2018. Peterson is often described in press accounts as having “hid” or “done nothing” for the duration of the shooting, and has widely been ridiculed as a “coward” as a result. He was arrested in early June of this year, briefly held in jail, and charged with several counts of child neglect, culpable negligence, and perjury. Here’s a link to the arrest warrant detailing the charges against him (41 page PDF). Continue reading

DUI, Refusal, and Procedural Rights

Here’s a question (or two, or a bunch) for the lawyers out there, particularly anyone specializing in traffic law, especially DUI in New Jersey, assuming that any of them read Policy of Truth:

I don’t drink, much less drink and drive, so I’m sitting here in a calm moment with no legal issue at stake trying to understand New Jersey law (NJSA 39:4-50.4a) on DUI testing and prosecution for refusal. It just amazes me how poorly drafted even the simplest and most ubiquitous law turns out to be. Continue reading

Let Him Not Have Thy Coat (of Arms)

It is also a federal offense, again carrying a potential penalty of up to six months in a federal prison, if you use the Swiss coat of arms in any advertising for your business. I would include a picture of that coat of arms here so you could see what I am talking about, but I cannot take the chance that I might be sent to prison.

–James Duane, You Have the Right to Remain Innocent, p. 17