H.L.A Hart devotes chapter 10 of The Concept of Law to international law, and in particular to the question of whether international law counts as a genuine case of law. Though I’m open to persuasion on the topic, I’m somewhat skeptical of the idea that international law is genuine law, and find Hart’s arguments in favor of its validity as law rather confused. That said, this post is devoted to a small and all-things-considered inconsequential confusion in Hart’s discussion, not the larger issue at the center of the chapter. So the point I’m making is a semi-pedantic one, but I’m going to make it anyway. Continue reading
So here’s a case of character-based voting–not a particularly dramatic one, I’ll admit, but a case just the same, and evidence that character-based voting can, under the right circumstances, make perfect sense.
I recently got my mail-in ballot for the upcoming general election. One of the offices on the ballot is that of Hunterdon County Clerk (for Hunterdon County, New Jersey). The Republicans are running incumbent Mary H. Melfi as their candidate; the Democrats aren’t running a candidate this time. Assuming that I vote in this election (as I plan to), I have three options:
- I could vote for Melfi.
- I could leave the relevant part of the ballot blank.
- I could write someone in besides Melfi, or write something in the relevant slot, whether or not it’s the name of a candidate, up to and including a ballot-spoiling piece of profanity.
As it happens, I’m a Democrat strongly opposed to the Republican Party in its current incarnation. In previous elections where a Republican was running unopposed by the Democrats (or I was, due to a bureaucratic glitch, forced to vote Republican in a primary), I’ve either left the ballot blank, or in some way voted against the Republicans by some ad hoc expedient–e.g., making use of the write-in option, and writing “Not X” with the Republicans’ name for “X,” or writing in “NOTA” (None of the Above) in rejection of everyone on the ballot. In general, I have no problem with taking a party-line stance on voting, whether for the Democrats or against the Republicans.
In this case, however, I’ve decided to vote for Melfi on grounds of character. So yes: voting on character means voting Republican, at least in this case.Continue reading
I was saddened to learn today of the death of John Shelby Spong, Bishop Emeritus of the Newark, New Jersey diocese of the Episcopalian Church. Though I can’t claim to have known Bishop Spong very well, he was a close friend of my parents’, and a constant presence in our family home. He was for decades Chairman of the Board of Trustees of Christ Hospital in Jersey City, where both of my parents worked–my father for forty, and my mother for thirty years. So we knew Bishop Spong less as a bishop than as a hospital trustee. The stories–or legends–I heard about him for decades were about health care, not theology.
Christ Hospital started its life as an Episcopalian institution. It later merged (or attempted to merge) with St Francis Hospital across the city, a Catholic institution. The merger initiated an apocalyptic sectarian battle for the mortal souls of both hospitals, a battle in which (I’m told) Bishop Spong did a fair bit of the fighting. Eventually, after a series of Jesuit-worthy legal complications I’ve never been able to grasp, Christ Hospital was consumed by the godless and soulless CarePoint Health System. By then, Bishop Spong had had the good sense to leave the hospital behind; Jesus Christ may or may not have been resurrected, depending on your theology, but Christ Hospital was not going to be resurrected, at least not in the form it originally took as an urban community hospital in the Episcopalian tradition.Continue reading
Feel free to believe this or not, but just about everyone who knows me well–friends, wives, ex’s–knows of my long history of altercations with the cops. Many of these altercations have taken place during my nocturnal rambles in local parks. Cops often claim that the parks “close,” and are willing to hassle anyone walking in the park “after hours.”* In doing so, they will often (falsely) insist that “there’s a curfew,” and ignore the blackletter of the laws they claim to be enforcing. Continue reading
When all this is over–whatever that even means–I hope no one tells me that things like this never happened. I know how tedious it is to see another post on this much-belabored issue. But hard experience with the 9/11 celebration rumors taught me that if you don’t rigorously document something in real time, people will deny its existence after the fact. Actually, some will deny its existence as it’s happening, and others will deny its existence no matter how rigorously it’s documented. Unfortunately, not every disease has a cure. Continue reading
The Attorney General (of New Jersey) needs to explain whether the Fourth and Fifth Amendments have literally been suspended in Essex County, where enforcement actions have been stepped up considerably (especially in Newark, Irvington, Orange, and East Orange).
In order to be stopped by the police, there must be reasonable suspicion of the commission of an infraction within the jurisdiction of the officer doing the stop. The mere presence of a person in public cannot constitute reasonable suspicion of any infraction, including Executive Order 107.* So we need to know: do Fourth Amendment strictures still apply, or have they been discarded for the duration of the order? Continue reading
Most of the national media reporting on the COVID-19 pandemic has focused, understandably, on the catastrophe taking place in New York City, the epicenter of the pandemic. A student in one of my classes, with friends and family in Queens, told me that he knew personally of fifteen COVID-19 deaths in Queens alone (Elmhurst). New York City essentially leads the world right now in COVID-19 cases.
Somewhat lost in the shuffle as it always is, is the second-place case of New Jersey, where, apart from graduate school, I’ve lived all my life. You can turn on the TV to see what things are like in New York, but whether you see it there or not, things aren’t much different in Jersey: like New York, New Jersey is under siege. And “siege” is no metaphor. COVID-19 is an invading army–much more so than the Japanese, the Nazis, the Soviets, Al Qaeda, Saddam, or ISIS ever were–and we’re losing the battle to it. Continue reading
Life is not a TV dinner.
I’m generally in favor of the so-called “lockdown” policies that have been adopted in New York and New Jersey, but I also think that the policies have been slightly misconceptualized in the abstract, and are now starting to go somewhat off the rails in practice. Here are a couple of simple suggestions. Continue reading
I shouldn’t have to make this point in this, our post-Auschwitzean age, but just a quick PSA, FYI: age-based genocide (or even malice or discrimination) is immoral. And PS, a pandemic is not the time to be wishing death on the elderly. Call me crazy, but there’s no good time to be wishing death on anyone. And yet I’ve seen more than one instance, on Facebook and elsewhere, of people’s expressing genocidal or near-genocidal sentiments about the elderly. Genocidal sentiments aside, there’s been no shortage of ageist malice for “Boomers,” or “old people.” Paraphrase of a rant I saw in the comments section of a local newspaper:
The Boomers raised our rents, gouged us on tuition, saddled us with debts, dragged us into unwanted wars, pay us crap wages, and vote the wrong way: so good riddance to them; may they all drop dead.
Substitute “Jews” for “boomers” or “the disabled” in rants of this sort, and you have the logic of the Final Solution-by-viral-proxy. Continue reading
I had a sobering half-hour phone conversation today with my brother Suleman, a hospitalist at Valley Hospital in Ridgewood, New Jersey. Ridgewood lies just a few miles northwest of the current epicenter of coronavirus cases in New Jersey, Teaneck. My own county, Hunterdon, has just seen its first case. Continue reading