The Politics of Voting: Four Suggestions

I’ve been thinking a lot lately about voting. I have Jason Brennan to thank for having stimulated me to sustained thought on the subject, via his much-acclaimed book, The Ethics of Voting. As I’ve said before, I agree with Brennan’s thesis in a general way, but the more I think about the details of his argument, the less plausible I find them. (I find his arguments for voter disenfranchisement downright hopeless.) Here’s a link to the 2013 Reason Papers symposium on Brennan’s book, and here’s a link to an earlier critique at PoT of Brennan’s account of character-based voting.

I’ll have more to say about Brennan’s arguments as I find the time to write about them. Meanwhile, here are four quick thoughts on voting, three of them relevant to American elections, the fourth to Israeli elections. In each case, it seems to me that the wrong issues are being discussed–when they’re being discussed at all–and that we ought to change the terms of debate. Only the last of the four topics is relevant to Brennan’s work.

(I) Felon Disenfranchisement
There’s been a lot of talk in the past few years about felon disenfranchisement: felons in the U.S. (perhaps elsewhere, but I don’t know) are deprived of the right to vote. Here’s a fairly typical piece from The New York Times criticizing felon disenfranchisement as racist.

I find discussion of this topic confused. There are at least three different issues involved here; each needs to be distinguished from the others and discussed on its own terms.

(1) A first issue is: given an ideal definition of “felony,” and a well-functioning criminal justice system, should felons be permitted to vote, or should they be deprived of that right as an inherent part of their punishment?

My answer is, “they should be deprived of the right to vote.” I endorse a debt-based conception of punishment according to which, when we interact with someone, we owe him or her (at a minimum) respect for their rights. When someone violates those rights, he incurs a debt to the victim–a debt consisting of compensation for the lost value of the exercise of the victim’s right, among many other things. Punishment, in my view, ought to consist of repayment of that debt. If the debt can’t be paid in full–and for a variety of reasons, it may be impossible to do so–offenders can permissibly be deprived of those goods that would count as ill-gotten gains from crime.

Some simple examples: If you rob me, your voting to dispose of my income without having compensated me for the commission of the crime counts as an ill-gotten gain. Since you’re not entitled to such a gain, you can be disenfranchised. If you kidnap me, what you’ve done is illicitly to try to “govern” my actions by brute force. If I survive, you owe me compensation for your trying to rule me in this way. But voting is a case of ruling me, as well. So ruling me by the ballot counts as an ill-gotten gain (or would) until you’ve paid off the debt you incurred by kidnapping me. And so, once again, you can be disenfranchised until you do.

Suppose that the repayment-requirements on such debts are prohibitively high–high enough that they can’t typically be paid in full by anyone, regardless of how wealthy they are. On my view, government should in such cases have the authority to deprive offenders indefinitely of the right to vote. If you (the offender) can’t compensate me (the victim) for what you’ve done to me, you don’t have the right indirectly (i.e., by voting) to decide the disposition of goods that belong to me. And that, in effect, justifies the disenfranchisement policy we currently have. (For a somewhat similar view of punishment, see the work of Daniel McDermott, who defends what he calls a debt-based conception of retributivism. I’m not sure where McDermott stands on felony disenfranchisement, however.)

Suppose now that we think of government, on Lockean grounds, as a kind of mutual-defense pact for the protection of rights. In that case, any attack on the rights of any member of the pact is an attack on the rights of every party to the pact. By implication, a debt owed to the victim is simultaneously a debt owed to every party to the pact. If the debt in question cannot be discharged in full–and if the crime is serious enough, it probably can’t be–then the parties to the pact can permissibly deny the offender access to ill-gotten goods in lieu of full payment of the debt.

This resolves the old problem of the “missing beneficiary.” For example: if you murder me, you incur a debt to me for having done so. Of course, being dead, I’m not around to collect the debt. In that case, you owe a debt to the rights-respecting members of my society–via their agent, government. Now suppose that you can’t pay the debt in full. In that case, they can deprive you of certain categories of goods on my behalf as well as theirs. One good they can deprive you of is the right to vote: after all, your having that right would give you the right to dispose of the income that they have earned while you still owe them compensation for the right you’ve violated. And you’re not entitled to that. (Incidentally, even if I’m physically unavailable to collect a debt for having been murdered or wrongfully killed, I could during my lifetime have set up an escrow account as an insurance policy in the event of my murder/wrongful death. In that case, an offender might still be obliged to compensate me posthumously, with the proceeds going to my heirs or to the state, as my will or lack of one implies.)

Something similar would apply to rape, to assault and battery, to drunk driving, and to plenty of other recognizable felonies. In short, I don’t see why, as long as we define “felony” properly, felons should be allowed to vote. The debts they’ve incurred to the rest of us are sufficiently high that we needn’t worry so much about whether they have the right to govern us, or dispose of our income. They don’t. I don’t mean to suggest that we have no obligations toward them. I just means that access to the ballot isn’t one of them.

(2) Second issue: is the operative definition of “felony” in the U.S. a good one? Does it, on moral grounds, include and exclude the appropriate items?

I’d say: “no” and “no.” This issue is the one that, in my view, actually gives rise to the felon disenfranchisement controversy. The real problem, it seems to me, is that we’ve made felons of people who shouldn’t be felons, and in consequence of that, have deprived people of the right to vote who should have it. If doing so has adverse racial consequences, my suggestion is: redefine “felon” more narrowly, so as to exclude certain categories of crimes from the list of felonies. If we do, I suspect that the “felon disenfranchisement” problem (insofar as it is a problem) either disappears or is greatly reduced in scope.

(3) Third issue: regardless of the definition of “felony,” is the U.S. criminal justice system systematically and unjustifiably biased against certain populations or sub-populations?

My answer: “probably.” No matter how we define “felon,” there will probably be residual problems in our criminal justice system, some of them with adverse racial consequences–some of them just plain old unjust–and those problems need to be addressed. But the resolution of those problems is not facilitated by the enfranchisement of felons. Convicted murderers, rapists, batterers, and drunk drivers have no distinctive insight into the rights and wrongs of criminal procedure. Nor does it make much sense to bank on the possibility that some small fraction of those convicted felons might be innocent (I’m sure some are), and might impart the wisdom of innocence to us via the ballot. The probabilities of that happening are tiny enough to render the venture as a whole quixotic.

The bottom line is that instead of crusading for voting rights for murderers, kidnappers, rapists, robbers, etc., we ought to be redefining “felony” and actively reforming the defects of our criminal justice system. Felon enfranchisement is just a distraction from those far more important tasks.

(II) Voter ID laws
Now consider voter ID laws. Here’s a usefully balanced article, also from the Times, suggesting that voter ID laws, while problematic, do not have the large-scale effects that some have alleged of them.

The standard argument for voter ID laws is that they pre-empt or minimize voter fraud. The standard argument against them asserts that there is little evidence of voter fraud in the U.S., that voter ID laws have racist effects, and that contrary to their proponents’ rhetoric, voter ID laws are covertly there to produce racist effects.

Once again, however, all this seems to me a distraction from the real issue. To see why, consider the tacit implication of the arguments against voter ID laws. Why, according to those arguments, are voter ID laws unfair? Spelled out, the answer is that large numbers of Americans lack the means to obtain photo IDs for themselves. Lacking access to photo IDs, they can’t meet the requirements of voter ID laws, and are de facto disenfranchised by them.

Suppose ex hypothesi that that’s true, and pause on it for a moment. Voting aside, isn’t that precisely the problem in need of discussion and rectification? How is it that large numbers of people in a first world country do not have access to the means of self-identification? Even if we do away with voter ID laws, the underlying problem remains in place. In other words, even if you don’t need an ID to vote, you need it for other things. How are people without IDs expected to open bank accounts, visit the doctor, or travel by plane–or get driver’s licenses, library cards, discount cards, or government benefits, etc.? Either they’re to do without these things because they lack ID, or they need access to these things, and must therefore obtain access to IDs. I would opt for the latter option, but no matter how you slice it, the issue is not voter IDs, but access to IDs as such. 

The scarce-access-to-IDs situation seems to me a good argument for having some equivalent of a national identity card in just the way and for just the same reasons that so many other countries have them. Here’s a case for them, from the Washington Post.

I agree with the reasons the Post gives for having them, but I’d give one more. It’s been argued by critics of social contract theory since Hume* that express consent theories of consent to government do not or cannot work because we never in fact consent expressly to government. I suppose that that’s partly true, at least for natural-born citizens; we don’t consent to government in the way that we consent, say, to the terms of a credit card. But I see national ID laws as a chance to respond to that problem. Why not structure the task of getting a national ID so that the act of getting one either requires express consent to the government issuing the card, or requires explicit non-consent? If you consent, you get an ID card, and with it, the benefits and burdens of “membership” in the polity. If you refuse consent, you don’t get a card, and can be denied the benefits of membership while being spared the burdens.

There are, to be sure, lots of complications here, many of them entangled in debates about immigration and immigration policy. I can’t settle those here. I would just say that it seems to me that the mechanism I describe is possible, and that its existence would rebut Hume-type arguments against consent, and solve some other practical problems as well. At the very least, focusing on our ID problem–which has significant adverse effects on people’s living their lives–beats focusing on a voter ID problem that seems not to have any significant effects on voting.

(III) Low voter turnout
Now consider the low voter turnout issue. The problem here is supposed to be that relatively few voters show up to vote. In partisan terms, that means that Democrats fare badly in the elections (which, of course, matters more to Democrats than to others). In more general terms, it means that our democracy is not as “robust” as it could be. Personally, I happen to think it means that the ballot choices we’re typically offered aren’t worth voting for, whether for or against. Here’s a website, FairVote.org, devoted to discussion of the issue. Once again, however, it seems to me that much of the discussion there and elsewhere is focused on the wrong things.

Suppose that we want to increase voter participation. (There are reasons not to want to, having to do with wrongful voting and voter incompetence, but set them aside.)  In that case, I’d offer two proposals:

(1) Put a “None of the Above” option on the ballot, so that voters can vote against all the (other) options on the ballot. As things currently stand, you can write “NOTA” as a “write in” on the ballot (I regularly do), but few people realize this, and most people surmise, correctly, that write-ins are meaningless. (I’ve encountered poll workers unaware of the fact that NOTA is a write-in possibility.) But if “NOTA” were on the ballot, it would be at least as significant as any other option on the ballot, and all those disgruntled voters who don’t vote because they dislike all the options might now vote in order to express that view.

(2) Move Election Day from Tuesday to the weekend. Yes, a small minority of mostly religious voters might be inconvenienced by that move (if so, they can use absentee ballots), but as it stands, huge numbers of working people are inconvenienced by Election Day’s having to compete with the workday. Change the day, and I suspect you’d increase voter turnout.

(IV) Voting and the right to complain
 Let me move now from American to Israeli elections, or more precisely, elections in Jerusalem. When I visited Israel/Palestine in 2013, I was both surprised and dismayed to discover that while East Jerusalemite Palestinians have the right to vote in Jerusalem’s municipal elections (though not in Israeli national elections), they almost unanimously refuse to exercise that right, even though their exercising it would substantially change the political landscape of Jerusalem, and benefit them. The argument I heard from Palestinians was that voting would legitimize Israel, which they refuse to do. Sadly, the few Palestinians who offered to run for municipal office, or to vote for pro-Palestinian candidates or causes, were widely regarded by other Palestinians as traitors to the Palestinian cause.

I find that a self-defeating and incoherent set of attitudes. East Jerusalemite Palestinians widely accept–and demand–government benefits from Israel, so it makes no sense for them to refuse to exercise political rights that are on offer from Israel, especially if the refusal to exercise those rights merely disempowers those who refuse to exercise them. The fact is, the budget for government services in East Jerusalem is in the hands of non-Palestinian Israelis, as are decisions bearing on the protection of Palestinian rights. As things currently stand, decisions on both sets of issues are made in ways that ignore or violate Palestinian rights. I would argue that respect for one’s rights is essential to one’s well-being. As it happens, the only efficacious way of ensuring respect for Palestinian rights in Jerusalem is to make changes to the budget and policies of the Jerusalem municipal authority. And the only efficacious way of changing the budget and policies of that authority is to vote to change them. So the options are: vote to defend your rights, or acquiesce in their violation and the consequent diminution of your well-being.

Suppose that we each  have a self-regarding moral obligation to promote our well-being (insofar as doing so is open to us). If so, give the preceding facts, Palestinians ought to vote. If “ought-hood” is sufficient for “duty” or “obligation,” then eligible Palestinian voters have a moral obligation to vote. Contrary to a recent argument of Jason Brennan’s, then, the case of East Jerusalemite Palestinians seems a picture-perfect example of the old saw that if you don’t vote, you shouldn’t complain–or more precisely, if you don’t vote, you shouldn’t complain about the things that voting would have improved, and that only voting can improve, at least for the foreseeable future. If you’re going to be taxed, and you’re going to be regulated, it makes no sense to stand by as your tax money is spent by everyone but you on everything but what matters to you. It likewise makes no sense to stand by as you are regulated to death by the people who are spending your money, as your rights go violated or ignored. Voting is in effect an act of self-defense, and self-defense is a moral obligation.

The obstacle here is supposed to be that it is not instrumentally rational for individual voters to vote, because individual votes cannot change the outcome of an election (or more precisely, cannot change the outcome of a sufficiently large election–a qualification that is sometimes relevant but often ignored in discussions of “voting,” as though all voting were large-scale voting). But if you know anything about Palestinian political culture, I think you’ll see that this objection is spurious. There is no need to worry about the efficacy or utility of individual votes qua individual if the voters in question don’t conceive of their votes in those terms in the first place. If voters naturally conceive of themselves as members of a solidaristic group, and can coordinate their efforts in a given direction as a group–and have a strong reason to do so, and might well be inclined to do so–then the unit of concern is not the utility of individual votes, but the the votes of voting blocs qua blocs whose members self-consciously act in concert.

I realize I’m describing an idealized case, but my point is, it’s a possible case. In fact, it’s more possible and plausible than half of the thought-experiments that clog the philosophical literature. (By the way, there is no contradiction between seeing yourself as an individual with an individual obligation to promote your well-being, and seeing yourself, qua voter, as part of a voting bloc. Membership in the bloc could precisely be what promotes your individual well-being, so that your individual well-being is what dictates membership and a solidaristic self-conception in the first place.)

Now suppose that Palestinians** get their act together, ditching the nationalist and Islamist rhetoric that has retarded their progress for decades. They come to see voting as an act of both collective and individual self-defense. They also see the defense of their rights as a contribution to the common good (which includes Israelis). Suppose (perhaps improbably but not impossibly) that the Israelis do not interfere significantly with Palestinians’ voting en masse.

Suppose further that Palestinians think of voting by analogy with having an intifada. In other words, as with the first intifada in the 1980s, they organize their efforts to vote strategically*** as a single unified voting bloc: they caucus, organize, and promise one another to vote for pro-Palestinian policies. Suppose that it is relatively obvious what these policies should be, and what the votes for these policies should be. Suppose, further, that voters are well-informed. Now suppose that a large number of Palestinians enter these caucuses voluntarily, and through caucusing, manage to ascertain (by mechanisms internal to the caucuses) that there are enough Palestinian votes among them to tip the scales of a given Jerusalem election. If so, each Palestinian voter could regard himself or herself as part of an assurance contract with all other Palestinian voters. And if so, each voter would have an obligation (to the others and to him or herself) to vote in the way he or she had promised in the contract.

My argument here is essentially that if you can organize a mass uprising–an intifada–you can organize a mass voter campaign. Further, if an intifada involves the implicit equivalent of an assurance contract (as it does), you can in principle model  a mass voter campaign on an intifada, and turn the campaign into an activity that involves an actual assurance contract. But if contracts bind, an electoral assurance contract yields a duty to vote. So under certain nomologically possible conditions, there can be a duty to vote, and given this duty, it can be irrational to complain about unfair or harmful political policies if you don’t vote.

I can’t work through all the details here, but take a look at Brennan’s argument in light of the preceding. Either my East Jerusalem case is a counter-example to his thesis, or it’s a defeater for it. In the first case, it refutes the thesis as stated. In the second case, it suggests that the thesis is highly misleading as stated. Given that, my argument requires that Brennan qualify his claims about the ethics of voting in ways that take more explicit stock of cases like the East Jerusalem one–something that would substantially change the “flavor” of his theory.

I realize that Brennan has an explicit discussion of strategic voting in his book (Ethics of Voting, pp. 129-33), and that the discussion includes a “strategic voting clause” (p. 131), but I think almost all of what he says talks past what I’m saying here. What he doesn’t discuss either in the book or in the article I’ve linked to, is the possibility that you could have a duty to vote in cases like the East Jerusalem one, that your vote would matter in those cases, and that you’d have no right to complain if you didn’t vote. (See the notes below for a comment on “strategic voting.”)

While you’re looking at Brennan’s arguments, read his discussion of “the moral disenfranchisement of poor minorities” in The Ethics of Voting, pp. 105-7. I find the discussion very inadequate even on its own terms, but for present purposes it’s worth noting how narrow it is. Like so many American writers, in writing about “minorities,” Brennan structures his discussion around black-white relations in the U.S., assuming somehow that what he says about that will generalize elsewhere–everywhere. It doesn’t. In particular, he assumes that “poor minorities [will] overwhelmingly qualify as bad voters” by his criteria, and offers some rather handwaving suggestions about how they’re to handle–or how he would think about handling–their disenfranchisement.

What he doesn’t consider is the possibility that the issues in contention in a given election may sometimes be entirely straightforward and require nothing in the way of the social scientific “credentials” he regards as necessary conditions for eligibility to vote. Putting aside the American case, I think this is patently obvious in non-American ones, like that of East Jerusalem. It takes no special social scientific wisdom to figure out that your interests, your rights, and the common good are better promoted by someone who stands for fairness than by someone who makes no secret of wanting to subvert your interests, violate your rights and exclude you from the common good. If Brennan’s epistemic elite hasn’t figured that out, frankly, they have a lot to learn.

I’m hoping to spend the summer of 2015 in East Jerusalem teaching at Al Quds University. While I’m there, I intend to make the case for what I call rights-based strategic voting by Palestinians in Israeli elections. Feel free to hit me with objections in the combox if you disagree with the sketch I’ve just given of it. I may well be hit with more than that while I’m there, and I’d like to start my preparations now.

*Actually, Hume concedes, almost parenthetically, that consent is a possible basis for political legitimacy: “I only pretend [aver] that it has very seldom had place in any degree, and never almost in its full extent” (paragraph 20). But that claim is entirely compatible with consent’s coming to be the basis of political legitimacy in the future by concerted effort aiming to bring it about. Considered as an argument against Locke on consent, what Hume says in “Of the Original Contract” strikes me as a series of ignoratios elenchi.

**For brevity, I use the word “Palestinian” throughout, but I don’t really mean to be restricting that to ethnic Palestinians. I’m using “Palestinian” as short-hand for those who would actively organize for and act on behalf of Palestinian rights in East Jerusalem. The bulk of those people would most likely be ethnic Palestinians, but not all of them would. It’s just too cumbersome to be explicit about this in every sentence.

***I’m using the term “strategic” in its colloquial, not its technical sense. In its technical sense, “strategic voting” is voting for candidates or policies that are contrary to one’s sincere preference, in the hopes that doing so will realize some preferred outcome. In the colloquial sense, “strategic” voting is simply voting to bring about some end by means of a collectively-adopted political strategy for bringing the end about. I happen to think that the technical concept of “strategic voting” is a confused and equivocal one, but that doesn’t matter. My scenario makes no reference to insincerity on voters’ part.

Postscript, Nov. 30, 2014 (relevant to proposal I, felon disenfranchisement): This blog post, at Slate Star Codex, is well worth reading on the race and criminal justice in the United States. It complicates the picture, but I don’t think it changes anything I said about felon disenfranchisement. Hat-tip: Kate Herrick.

Postscript, April 5, 2015 (relevant to proposal IV, voting and the right to complain): Useful background on the political situation in East Jerusalem, from the London Review of Books.

Postscript, December 25, 2015 (relevant to proposal II, voter ID laws): An interesting article in The New York Times about Mayor DeBlasio’s “New York ID” program and the obstacles to success it’s facing at area banks. All things considered, the program seems a step in the right direction.

Crime and emergencies (part 2): reconciling self-defense and gun control

For obvious reasons, people are talking a lot about guns nowadays. I’m a big fan of gun control, and make no bones about being one. It’s always seemed to me that gun control follows from a commitment to the idea of government as having a legitimate monopoly on the use of force, and not being an anarchist, I endorse the relevant commitment. I’m also committed to a right of self-defense, which in my view entails a right to the most efficacious means of self-defense compatible with the government’s monopoly on the legitimate use of force. As far as life in the U.S. is concerned, as I see it, that entails a circumscribed (hence regulated) right to acquire firearms for purposes of self-defense. In other countries where guns are themselves scarce, I would have no objection to an outright ban on the acquisition of firearms by private citizens. But guns aren’t scarce in the United States, and there is no justified or realistic way of banning them outright. (For a discussion of the perils and problematics of weapons control, check out my inadvertently timely Reason Papers piece, “The Contested Legacies of Waco.” For an excellent discussion of the empirical issues regarding gun control, see James Jacobs, Can Gun Control Work?)

In a democracy, a political position is only as strong as the weakest link in the constituency that supports it. Put another way, a political position is only as strong as its supporters’ ability to deal with the strongest objection to it. One of the reasons why gun control has done so poorly in the U.S. (in the sense of not commanding adequate political support) is undoubtedly that the NRA has too much power. But another reason is the sheer cluelessness of so many of those who defend it.

The cluelessness concerns a relatively obvious question. Suppose you believe in the justifiability of gun control. Still, people have a right to self-defense. If there are lots of guns out there, and lots of criminals with the desire to use them against the innocent, how do we ensure that our justifiable desire to regulate the sale and acquisition of firearms doesn’t subvert the equally justifiable desire to sell or acquire them in the exercise of a right of self-defense? That’s a problem that requires a solution. It’s not a rhetorical question that one can evade or dismiss as having been manufactured by the NRA or Smith & Wesson.

I realize that the desire for self-defense can be abused or exaggerated via grandiose superhero fantasies, errors of probabilistic reasoning, confirmation bias, hasty generalization and so on, but so can the desire for regulation. When all is said and done, it is just patently obvious that if we have a right of self-defense, we need access to the means of its exercise, and if criminals have firearms, non-criminals need (regulated) access to them as well in order to defend themselves against armed criminals. But no. Defenders of gun control have decided that what we’re to do when faced with armed and dangerous criminals is to reach for our phones and call 911. Presumably, the criminals will give us the time to do this, and all will go well as we wait for the police to arrive. If we cannot manage to call 911, well then, we’re out of luck. We must acquiesce in whatever the criminals want and let them have their way. Even Hobbes doesn’t go as far as that in Leviathan, but that hasn’t stopped defenders of gun control from recommending subservience to the commands of those who wield force against the rest of us. The resort to quixotic, primitive denial of obvious facts about crime has, in certain quarters, become the epitome of “liberal” sophistication.

Consider a column in this morning’s New York Times by Gail Collins, easily the most clueless of the Times’s columnists. I happen to agree with much of what she says in defense of gun control. Then, predictably, we reach this set of claims:

And while we have many, many, many things to worry about these days, the prospect of an armed stranger breaking through the front door and murdering the family is not high on the list. Unless the intruder was actually a former abusive spouse or boyfriend, in which case a background check would have been extremely helpful in keeping him unarmed.

Really? How about an armed stranger breaking in through the back door? Or a window? Doesn’t it matter where one lives? Maybe Gail Collins feels safe in her neighborhood, but does that mean that everyone should feel equally safe in theirs?

As it happens, an intruder tried to break into my apartment this past Sunday night or Monday morning through the living room window. I was asleep in my unlocked bedroom a few yards away. He or they didn’t manage to break all the way in, and didn’t ever get inside; they just managed to cut the screen of the window with a box cutter, and then to discover that it probably wasn’t worth breaking into this particular apartment, possibly because there was so little in it worth stealing. That didn’t stop them (I’m assuming it was the same people) from successfully breaking into a number of other dwellings in my neighborhood that same night.

Since the local police blotter hasn’t yet come out, I don’t know whether the intruders in question were armed, and don’t know whether anyone managed to confront them or get injured in the process. But people are regularly robbed in my neighborhood, and occasionally those robberies go wrong; when they do, the victims are sometimes shot. Rapes take place here with alarming frequency. The cars in the parking lot of my apartment complex have regularly been broken into during the year that I’ve lived here. On a more trivial but rather annoying note, my New York Times (like the Luddite I am, I still get the paper version) is stolen at least once every two weeks. Lesson: crime is real.

Though this Monday’s incident was my first break in in this particular neighborhood, it’s not the first time I’ve had to deal with a break-in. It’s the third. On one occasion, someone tried to break into my bedroom via the window as I was sleeping: the window in question was maybe a yard away from me, and it was unnerving to be awakened by the sound of someone forcing the window so close to my ear. I wasn’t armed, but I had no choice but to confront him. There really wasn’t time to find the phone and call the police. I guess I was threatening enough to scare him away—I must have been reading Nietzsche or Schopenhauer or something–but I’d rather have been armed. On another occasion, I happened on someone in the process of breaking into my car (luckily, he was too busy trying to steal it to notice me). In that case, I was able to call the police, and they happened to get there in less than a minute, but as they apprehended the suspect, he made it clear to everyone that he meant me harm beyond the theft of my car (he came out and said so). I’ve never been carjacked myself, but I’ve seen a carjacking take place at a hundred yards’ distance, and a good friend of mine has been carjacked. A distant friend of mine was put in the hospital after being robbed, and the spouse of someone I know was murdered in a robbery. (P.S., on a different note: I’ve also faced a menacing individual wielding a gun in a park–to this day I’m not sure whether the gun was real or fake–so I know what it’s like to be on the terror-laden receiving end of what seemed like imminent gun violence. Having a gun of my own would not have helped in that instance, and using one would probably have led to a blood bath.)

None of this (I think) is particularly remarkable as far as suburban New Jersey experience is concerned; I don’t think I’m some kind of wild statistical crime-experience outlier. What I don’t understand is why such experiences are so distant from people like Gail Collins as to be unreal to them. But alas, they’re not unreal. They happen, and they have to figure into the discussion about gun control with a degree of respect for the victims that liberals like Gail Collins conspicuously seem to lack.

Here is another example, also from The New York Times, admittedly at a higher level of sophistication and respect for facts than Collins’s column. It’s by Gary Gutting, a professor of philosophy at Notre Dame, and (at least indirectly) an erstwhile graduate school mentor of mine.

Our discussions typically start from the right to own a gun, go on to ask how, if at all, that right should be limited, and wind up with intractable disputes about the balance between the right and the harm that can come from exercising it. I suggest that we could make more progress if each of us asked a more direct and personal question: Should I own a gun?

A gun is a tool, and we choose tools based on their function. The primary function of a gun is to kill or injure people or animals. In the case of people, the only reason I might have to shoot them — or threaten to do so — is that they are immediately threatening serious harm. So a first question about owning a gun is whether I’m likely to be in a position to need one to protect human life. A closely related question is whether, if I were in such a position, the gun would be available and I would be able to use it effectively.

Unless you live in (or frequent) dangerous neighborhoods or have family or friends likely to threaten you, it’s very unlikely that you’ll need a gun for self-defense. Further, counterbalancing any such need is the fact that guns are dangerous. If I have one loaded and readily accessible in an emergency (and what good is it if I don’t?), then there’s a non-negligible chance that it will lead to great harm. A gun at hand can easily push a family quarrel, a wave of depression or a child’s curiosity in a fatal direction.

Gutting at least recognizes the possibility that those who live in dangerous neighborhoods may need a gun for self-defense. But he makes the point in passing, with grudging reluctance, and without feeling the need to ask some obvious questions about the implications of his own admission.

Gutting’s claim implies that if you do live in a “dangerous neighborhood” there is some likelihood that you might need a gun for self-defense (assuming that you get the training to use it, etc.) At least, it’s rational in some contexts to think you do. But what exactly is a “dangerous neighborhood”? A “dangerous neighborhood” is presumably where the armed criminals are. So where is that? And how does one figure it out?

One could look at published rates of crime or look at crime blotters. But crime rates change and crime blotters are statistically unreliable snapshots of reported crimes during a given week. (And reported crime is not crime.) Further, criminals are not universally stupid or lacking in means of transportation: they have an entrepreneurial attitude toward criminality. No entrepreneur worth her salt would open a small business based on the kind of information that determines conventional attitudes toward “dangerous” or “safe” neighborhoods. Decisions of that kind require refined and intensive local knowledge and a measure of sheer guesswork. They’re also highly fallible. Given that, putting aside obvious mistakes or errors of judgment, there is no way to get on some epistemic high horse and proclaim that one ought only to open a psychotherapy office in a “psychotherapy-heavy neighborhood,” or a restaurant in a “dining-out neighborhood,” or a grocery store in a “grocery neighborhood.” Judgments about where to open a business are highly tentative and fluid, mostly vindicated by the results of the experiment rather than by some antecedent facts obviously available to everyone at t.

The same is true of crime. There is no such thing as a neighborhood that is “dangerous” now and forever. Danger fluctuates. Criminals migrate.  Yesterday’s dangerous neighborhood becomes safe. Yesterday’s safe neighborhood becomes dangerous. I am not sure where Gutting gets his armchair sociologist’s picture of “dangerous neighborhoods” sporting banners that say “Dangerous Neighborhood” above them. In my experience, such banners do not exist. If you want to insist on the concept of “dangerous neighborhood,” you’d have to say that the whole of the New York/New Jersey Metro Area is a “dangerous neighborhood.” I can’t think of any location in New Jersey that I would regard as somehow immune to criminal violence. If that’s so, Gutting’s “dangerous neighborhood” advice is a pious gun control vacuity. It gives no clear advice about where one can legitimately own a gun because it appeals to a concept that has no clear criteria of application.

I’ve visited neighborhoods in southwestern Vermont where people leave their doors unlocked at night or when they leave their homes because they regard themselves as living in “safe neighborhoods.” But their safe neighborhoods would become dangerous the moment it occurred to criminals that their inhabitants were complacent enough to regard their neighborhoods as “safe.” No one would be naïve enough to believe that Vermont is a crime-free zone. Crime takes place there. That it takes place more in some areas of the state than others doesn’t mean that those statistical distributions are facts of nature. They can change without warning. Most people would encourage people who don’t lock their doors to rethink their complacency. I’d do the same for those who think that guns are obviously superfluous in supposedly “safe” neighborhoods.

No neighborhood is so safe that you can, without further thought, leave yourself totally vulnerable to criminal depredation in one. Any neighborhood could be a dangerous one the day the right criminal shows up in it. So whether one “needs” a gun or not for self-defense is far more complicated a matter than Gutting admits. He himself piles up the complications for his view without seeing that they undercut the supposedly clear-cut claim he makes that most of us do not need guns.

Until defenders of gun control wise up and deal with the problem of crime as an unpredictable emergency that could strike anyone, gun control has no chance of success in this country. In this respect, its defenders are almost as much to blame for its political failure as its opponents.

Postscript, April 25, 2016: This article about crime in San Francisco is a nice confirmation of the point I make in the preceding few paragraphs, not that I’m suggesting that the criminals described in it should necessarily be shot.

Goodbye, Columbus*

Monday October 13th is Columbus Day–a state and federal holiday, observed in New Jersey by the cessation of most business across the state (government offices, schools, colleges, universities, banks, and most other businesses or agencies are closed–except, of course, where frantic Columbus Day sales are taking place). The implication would seem to be that Christopher Columbus is a person morally on par with Martin Luther King, Jr., George Washington, Abraham Lincoln, the signers of the Declaration of Independence, the veterans of our foreign wars, the servicemen and -women of our armed forces, and last but not least, Jesus Christ.

What did he do? As far as popular historiography is concerned, the answer is simple: he discovered America. In 1492, he sailed the ocean blue in the Pinta, the Nina, and the Santa Maria. And, lo, America came into existence, or at least came into the domain of human knowledge. Unfortunately, popular historiography has been saying the same damn thing now for decades, in defiance of a more sophisticated and accurate historiography that’s been trying to get a hearing for at least two decades, and realistically, for a lot longer. Most of the rest of North America has gotten the message. But not us. (To be fair, Alaska, Hawaii, Oregon, and South Dakota have opted out of Columbus Day. Pathetically, Spain and Italy–with even less to brag about–are even more enthusiastic than we are.)

I haven’t yet gotten around to reading Kirkpatrick Sale’s classic text, The Conquest of Paradise: Christopher Columbus and the Columbia Legacy (1990), but I have read, and would highly recommend reading, Tzvetan Todorov’s The Conquest of America: The Question of the Other  (1984). Don’t be turned off–if you’re apt to be turned off–by the post-Modern-sounding subtitle. The dedication page is pretty straightforward:

The captain Alonso Lopez de Avila, brother-in-law of the adelantado Montejo, captured, during the war in Bacalan, a young Indian woman of lovely and gracious appearance. She had promised her husband, fearful lest they should kill him in war, not to have relations with any other man but him, and so no persuasion was sufficient to prevent her from taking her own life to avoid being defiled by another man; and because of this they had her thrown to the dogs. –Diego de Landa, Relacion de las Cosas de Yucatan, 32

I dedicate this book to the memory of a Mayan woman devoured by dogs.

That passage isn’t about Columbus per se, but what Columbus did hardly differs from it in any essential way.

Columbus’s motive, in his own words (as quoted by Todorov):

At the moment when I undertook to discover the Indies, it was with the intention of beseeching the King and Queen, our Sovereigns, that they might determine to spend the revenues possibly accruing from the Indies for the conquest of Jerusalem; and it is indeed this thing which I have asked of them. (p. 11).

My desire was to pass by no single island without taking possession of it. (p. 45)

His first action, upon encountering the natives:

He called upon them to bear faith and to witness that he, before all men, was taking possession of the said island–as in fact he then took possession of it–in the name of the King and of the Queen, his Sovereigns. (p. 28)

Unfortunately, it didn’t occur to Columbus that they didn’t understand his language, and he didn’t understand theirs. What happens next is kind of predictable:

These are, indeed, very wild people, and my men are very importunate; finally I took possesion of lands belonging to this quibian [village chief]. As soon as he saw the houses we had built and a lively trade going on, he determined to burn everything and to kill us all. (p. 46).

So there’s a war. Guess who wins? And what the victors do?

They would make good and industrious servants…They are fit to be ruled…(p. 46)

From here one might send, in the name of the Holy Trinity, as many slaves as could be sold as well as a quantity of [timber]. If the information I have is correct, it appears that we could sell four thousand slaves, who might be worth twenty millions and more. (p. 47)

I can’t summarize the whole thing, of course; I encourage you to get a copy of the book and read it for yourself. But perhaps the best one-line summary is Todorov’s apt claim that Columbus, “discovered America but not the Americans” (p. 49).

At any rate, if we’re going to “celebrate” Columbus Day, we may as well be clear about what we’re celebrating. We’re celebrating the words and deeds of a theocratic conqueror and slave-merchant whose fundamental ambition was to use the wealth of the “Indies” to re-conquer the Holy Land–in other words, someone who wanted to enslave the people of one continent to put the people of another continent to the sword. It’s not really clear what part of that is worth celebrating, and no one interested in celebrating this holiday seems to want to talk about it in any straightforward fashion.  For all of the brave talk about “diversity” and “multiculturalism” we’ve heard over the past few decades, and the fears that sensitivity to other cultures has all “gone too far,” that cheap set of evasions is where things still stand. We’re the last country on the continent to be able to look the truth about Christopher Columbus in the face and deal with it in a rational way.

Allan Bloom opened his 1987 book, The Closing of the American Mind with this famous passage:

There is one thing a professor can be absolutely certain of: almost every student entering the university believes, or says he believes, that truth is relative. If this belief is put to the test, one can count on the students’ reaction: they will be uncomprehending…The relativity of truth is not a theoretical insight but a moral postulate, the condition of a free society, or so they see it. They have all been equipped with this framework early on, and it is the modern replacement for the inalienable natural rights that used to be the traditional American grounds for a free society. (p. 25)

There’s some (non-relativistic) truth to that. Tellingly though, Bloom continues with the polemical claim that it’s a mistake to the combine intensive study of “the traditional American grounds for a free society” with the intensive study of “non-Western” cultures for fear of contaminating the former by the latter:

One of the techniques of opening  young people up is to require a college course in a non-Western culture. Although many of the persons teaching such courses are real scholars and lovers of the areas they study, in every case I have seen this requirement–when there are so many other things that can and should be learned but are not required, when philosophy and religion are no longer required–has a demagogic intention. The point is to force students to recognize that there are other ways of thinking and that Western ways are not better. It is again not the content that counts but the lesson to be drawn. (pp. 35-36)

Obvious questions spring to mind. How many cases had Bloom actually seen? Why would the cases he’d seen determine the very nature of the requirement? If the content is to be ignored, where does the lesson come from? And what, at any rate, is the basis for the claim that “philosophy and religion are no longer required”?

But never mind the details. The thing to focus on is the deliberate, studied parochialism implicit in Bloom’s conception of education: students are to try to grasp the meaning of “natural rights,” but to conceive of it only as the traditional American grounds for a free society; they’re to apply it only to us, and study no one and nothing else that might challenge how they conceive of rights, or might challenge how they apply the principle to cases. Somehow, despite this, Bloom expects to conquer relativism.

The approach was bound to fail, and in Columbus Day, we have the clearest case of its failure. Columbus Day is a holiday for people who can manage to spout the rhetoric of “natural rights”  on the Fourth of July; play lip service to racial equality on MLK Day or Lincoln’s birthday; spend Memorial Day valorizing those who died to overturn slavery in the Civil War as well as those who fought genocide in the Second World War; go to Midnight Mass every Christmas Eve to honor Jesus’s Crucifixion at the hands of the Roman imperium–and then, on the second Monday of every October, unapologetically intone pieties about a (literally) racist imperialist slavedriver who inaugurated a veritable genocide on this continent. It’s a holiday, in other words, for people who have memorized the mantras of “the American creed” but have not grappled in any serious way with the moral realities or complexities of cross-cultural interaction, whether as a historical matter or in the present day. And given the staying power of this holiday, that seems to amount to a lot of people.

I’d like, at some point, to be able to educate (part of) a generation out of such claptrap. It won’t be done Bloom’s way, and it won’t be done quietly. But I’d like to get it done, even if it means having to go in to work and teach class on (what used to be) Columbus Day. I like having the day off as much as anyone, but Columbus Day is the the epitome of a vacation day with a guilty conscience. Rename it and re-conceive of it, as other countries have done, and I’m glad to take the day off. But until then, Columbus Day should remain a day that deserves ridicule, censure, and rejection. At some point, a showdown will have to be had with its supporters. And that day, I predict, will be a real day of discovery.

*I changed the original (anemic) title of this post a few minutes after hitting “Publish.”

Jason Brennan on character-based voting: the cases of Narendra Modi and Donald Trump (with several updates)

Narendra Modi is the Prime Minister of India, recently on a speaking tour in the US and elsewhere, and promoting his nationalist agenda for India wherever he goes. He’s very much the talk of the town, which is a great irony, considering that less than a decade ago, he was in effect barred from entering town: he was denied a visa to enter the United States for his failure to stop the Gujarat riots/massacre of 2002, and boycotted in Europe for much the same reason. Back then, he was a relatively obscure figure, at least by international standards. Now, he’s the Prime Minister of a major world power. Evidently, the principle involved here is that if you play a presumptively culpable role in a massacre, you’re to be treated with contempt until you assume the trappings of power. Once you do, the passage of time and victory in a democratic election jointly wipe the slate clean, and you’re to be treated with respect and admiration, bygones being bygones–even if some of the bygones include a few thousand corpses for which you were plausibly thought to bear responsibility. Wait and win, and you’re out of the moral doghouse. It’s an interesting lesson–about India, about democratic politics, about historical memory, and about justice. Worth remembering for other contexts.

I bring the issue up not (merely) to moralize about Modi (whom I admittedly despise) but as a counter-example to the discussion of character-based voting in Jason Brennan’s much-praised and much-discussed book, The Ethics of Voting. I generally agree with the thesis of Brennan’s book, at least as I understand it, which is that epistemically incompetent voters ought not to vote.  But having edited a symposium on the book in Reason Papers last year, and having read some of the discussion of it there and elsewhere, I’ve been surprised at  how much of what is contestable about Brennan’s argument has gone entirely undiscussed and uncontested by his peers, peer-reviewed and otherwise. Brennan’s discussion of character-based voting is one such example (EV, pp. 84-85), and the case of Narendra Modi conveniently serves to focus the issues.

The discussion of character-based voting comes up in chapter 3 of the book, which is devoted to explication of the concept of “wrongful voting.” “Unexcused harmful voting occurs when a person votes, without epistemic justification, for harmful policies or for candidates likely to enact harmful policies” (EV, p. 68). Brennan’s point is that we ought to refrain from engaging in unexcused harmful voting. It follows that citizens should vote only if their beliefs about the prospective harm or welfare-conductivity of policies are epistemically justified–probably a small minority of actual voters. The two crucial concepts here are epistemic justification and harmful policies. Brennan doesn’t explicate either, but assumes that on some version of both, his thesis turns out to be correct.

One objection to Brennan’s view is that we might vote for or against someone on the basis of character, not knowledge about the welfare-conducivity of the policies they intend to enact. Take some political candidate, X. My beliefs about X’s policies may be unjustified, epistemically speaking; they may be vague, vacuous, or based on very little evidence. But my beliefs about his character may be perfectly on target. Suppose I correctly regard X as (very) immoral, correctly regard Y as morally decent, and vote for Y because I regard X as so immoral that a vote for Y is preferable to one for X even if I’m generally (though not completely) ignorant of the relative policy implications of voting for X versus Y. Assume that Y’s policies will predictably be worse than X’s (though not egregiously so), but X’s past is egregiously unjust whereas Y’s is perfectly decent.

According to Brennan, unless I treat my judgments of X’s past immorality as proxies for predictions about X’s future policies, my vote is a case of unexcused wrongful voting no matter what X might have done in the past. It’s not clear why, however, and he doesn’t make it clear. What if, as a voter, I weight character over policy as a criterion for voting, at least in cases as egregious as those like X’s? Why is that unexcused wrongful voting? Or is it excused wrongful voting?

Let X be Narendra Modi, and ex hypothesi assume the worst about Modi’s role in Gujarat. Further (also ex hypothesi), assume the worst about Gujarat. If I were an Indian citizen voting in the last election, I would have voted against Modi simply because his role in the Gujarat affair put him beyond the pale for holding the position of Prime Minister of India. The issue is not so much that I expect Modi to repeat his past behavior; in fact, it’s unlikely that he will. Given the scrutiny he’s gotten over the years–and the visa denials and boycotts, etc.–Modi is likely to be more careful about how he expresses his nationalist sentiments, and is likely to overcompensate for his past sins, at least in policy contexts.  Nor is it that I think that Modi’s policies are likely to be inferior to those of his political rivals. They may actually end up being a bit better, at least from a free market perspective. The relevant point is simply that Modi ought not to be rewarded for his past behavior, and voting him into office is a reward (a huge one), one that evades the moral significance of that past behavior. Justice demands that we not grant the unearned, and Modi’s past behavior disqualifies him from earning title to the office he now holds.

For purposes of this post, I don’t want to go into the factual details of Modi’s actual (past) behavior. Doing so is unnecessary, since my aim here is to contest Brennan’s discussion of character-based voting, and to that end, Modi simply draws attention to a relevant possibility–viz., the evil political candidate who is likely to enact better policies than the merely decent one. So if you’re not familiar with Modi’s past, or you disagree with my interpretation of it, we can simply imagine a Modi-like figure and use that as a point of departure for thinking about Brennan’s argument.

So here are my stipulations: Imagine a Modi-like candidate for office who has behaved disgracefully in an affair like the Gujarat massacres of 2002 (or worse). Imagine that he showed callous disregard for the lives of his fellow citizens when he had the responsibility to protect them. Imagine that thousands of innocents died as a result. Imagine that there is good evidence that his own nationalist political agenda explains the animus for those massacred, motivated those who killed them, and rationalized the killings (using “rationalized” in the colloquial, not Davidsonian sense).

Now fast forward about a decade. Imagine our Modi-like candidate going up for the highest office in the land. Imagine that he claims to have cleaned up his act, having done an about-face from his bad old days a decade ago. Imagine that there is no serious question that his forthcoming policies will revert to the ways of his bad old days.  Assume that his policies will actually be an improvement on what the country currently has, and what the other candidate has to offer. Now imagine a rival anti-Modi candidate who is morally decent (and in particular, critical of Modi’s behavior in Gujarat). Let his policies be relatively indeterminate–not great, but not of the sort that might lead to any policy disaster. (Take the party you dislike most and imagine them enacting a safe and pragmatic version of politics as usual.) Let them just end up being worse at the margins than those of the Modi-like immoral candidate. Brennan’s thesis implies that we ought to vote for the immoral candidate, not the decent one. But why?

Here’s what he says:

To a significant degree, voting for character is voting for wrong reasons. When we elect someone, we give him power. That power can be used for good or bad. The office of the presidency is not an honorific meant to show [that] we respect that person’s character. Giving someone the presidency is not bestowing a medal or a certification of commendation but giving him (some) control of the state, an institution that makes rules, and forces innocent people to comply with these rules using violence and threats of violence. We need to be sure he will do a good job controlling it.

The first sentence refers the reader in a footnote to Russell Hardin’s How Do You Know? The Economics of Ordinary Knowledge and Bernard Manin’s The Principles of Representative Government. I haven’t read either book, so if my objection is answered there, I’d concede my case. But for present purposes my point is that my objection is not answered by Brennan in The Ethics of Voting: the passage above does nothing to answer what I regard as the most obvious objection, posed by Modi-like cases. It begs the question and offers an ignoratio elenchi.

Brennan starts by telling us that voting for character is “to a significant degree” voting for the wrong reasons. But I’d respond that it’s a principle of justice that we ought not to reward wrongdoing. Modi-like people have, to put mildly, engaged in serious wrongdoing. So justice entails that we ought not to reward them. The issue then turns on whether a vote for high office like Prime Minister of India is a reward. I think it obviously is: you reward someone when you give them what they want, and that in turn gives them power, prestige, income, a place in history, an opportunity to enact their values on a wide scale, and other perks they couldn’t otherwise have gotten.

Brennan’s discussion bypasses this last fact. The office of the presidency, he tells us, is not an honorific.  Why not? He gives no argument for its not being an honorific, and doesn’t consider the possibility that it might constitute a reward without being primarily an honorific. To the extent that he thinks he has an argument, he simply adduces a different fact about the presidency that supposedly rebuts the claim that the presidency is in part an honorific–that the presidency involves the exercise of power. But this fact, though true, doesn’t really help his case. Political offices could both confer rewards on office-holders and give people control of the state. The one function is perfectly compatible with the other, especially when control is a reward.

Yes, we need to make sure that those who hold power control their use of it. But we can do this as long as we have very vague ideas about a person’s policies. As long as I know that Modi’s rivals aren’t going to enact crazy policies that will take India to perdition, and I believe that they’re decent people lacking an outright lust for power, I know they will manage to control power somehow. (Brennan basically concedes this point in his paper “The Right to a Competent Electorate,” when he says: “We should not overestimate the damage bad voting can do…Even in the US or the UK disastrous candidates rarely have a chance of winning….” p. 707). The wrongs they do via bad policies may be bad, but I may find them more tolerable than the wrong done by rewarding someone responsible for mass murder with the perks of high office. I may be ignorant about the details of the relative merits of Modi’s versus his rival’s policies. But as long as I know that Modi is immoral or evil, and that his rival is tolerable, I may know all I need to know to vote against him.

In other words: If I am more committed to the backward-looking principle of not rewarding past evil than I am (within limits) to forward-looking considerations about good or bad policies, it seems to me I can justifiably vote for the policy-suboptimal candidate so as to avoid voting for the evil candidate even when the evil candidate is more likely to enact better policies.  When I do so, I’ll have some vague thoughts about policy considerations, but I’ll have epistemically justified thoughts about character, and the thoughts I have need not be proxies for future policies but might instead be motivated by considerations about not rewarding past immorality (assuming that that immorality crosses a certain threshold, e.g., culpable involvement in mass death rather than, say, adultery or smoking pot). I don’t see that Brennan even considers this possibility, much less rebuts it.

A digression: Brennan writes of “the presidency,” but I assume that he means any electoral office, including everything from municipal judge to American presidency to prime ministership, etc., including offices whose perks are enormously large. It’s an odd feature of Brennan’s book that while its topic is “the ethics of voting” as such, his focus is almost exclusively American, as though American voting were the paradigm of the phenomenon of voting as such, and as though empirical work on American voting generalized to voting everywhere. I raised this issue in an editorial context with one of the contributors to the Reason Papers symposium (not Brennan), who told me that as a social scientist it was his view that the default position is that empirical work on American politics ought to generalize to politics everywhere unless it can specifically be proven that it didn’t generalize to some particular context elsewhere. In other words, if Jones cites a study on American voting patterns, Jones can, absent contrary evidence, assume that the American voting patterns generalize to Pakistanis, Indians, Italians, or Palestinians. Generalization from the American case is the default rule. That strikes me as a pretty bizarre methodological assumption, but I’ll let the bona fide social scientists fight over it.

Brennan devotes one more paragraph to the topic, but as far as I can see, it merely elaborates on the conclusion Brennan thinks he’s established in the preceding passage.

So character-based voting is acceptable only insofar as it is a proxy to the quality of the governance a candidate is likely to produce. To what degree good character and good policies are correlated is largely an empirical question. If someone is morally corrupt, there is a pretty good chance he will use the power of the state for personal benefit rather than to promote the common good. Yet a virtuous politician with a powerful sense of justice might still be deeply misguided and committed to all sorts of counterproductive, harmful policies. Having the right values is not sufficient for making good policy, because it requires social-scientific knowledge to know whether any given set of policies is likely to achieve those values…If there is good evidence that a politician is likely to enact harmful policies, one should not vote for her (without sufficient reason) even if she is a good person. Voting on the moral virtue of a candidate counts as good voting only to the extent that the candidate’s moral virtue is evidence that she will enact good policies.

(1) My first and most basic comment on this passage is that it doesn’t address the objection I’ve raised, and doesn’t address what seems to me the most obvious objection that could be raised.

(2) My second comment is that it doesn’t cohere very well with the preceding passage. The first passage told us that voting for character was “to a significant degree” voting for the wrong reasons. The second passage tells us that voting for character can be voting for the right reasons under certain circumstances, and it’s an open empirical question to what degree good character and good policies correlate.

So which is it? If it’s an open question whether good character and good policies correlate, they might well correlate, and there are (as Brennan himself seems to admit) commonsense reasons for thinking that they do correlate. If so, why is voting for character “to a significant degree” wrong? Why is it wrong at all? And how can we know to what degree it’s wrong if it might turn out to be right?

Perhaps Brennan means to say that we don’t know whether it’s right, and if we don’t, it can’t typically be epistemically justified to use character as a basis for voting since no one has the social scientific evidence in hand to demonstrate the relevant correlations. But since he himself admits that there is plausibility in the idea that character and policy are correlated, it’s not clear that the claim about epistemic justification follows. Is p only epistemically justified in political contexts if we have a peer reviewed study (or set of them) showing us that p is the case? If I infer that a habitual liar and promise-breaker will be an unreliable implementer of good policies, is that inference epistemically unjustified? Why isn’t banking on a “pretty good chance” good enough?

I don’t mean that there’s an outright contradiction or inconsistency here; I mean that there’s a failure of exposition that leads to an obvious and unresolved puzzle in the reader’s mind about what Brennan is saying. The failure of exposition arises from the legalistic character of Brennan’s writing: we’re told that something is wrong “to a significant degree,” but not told what that phrase means; later we’re told that the issue is empirically undetermined, but we’re told one contestable claim is highly plausible. From one perspective this looks like very careful, rigorous writing, but from another it looks like a confusing way of covering all the bases so as to avoid being held to any particular claim; it also seems to put the author in the position of dialectical victory no matter what objection is made, simply because the claims in the text are so elliptical that they can be made to say anything that the author wants them to say–without saying anything a reader can pin down.

(3) Third comment: there is such a thing as epistemic virtue. Why not consider the possibility that we ought to vote not on the basis of predictable policies per se, nor on the basis of character minus epistemic virtue, but on candidates’ moral plus epistemic character? I’d be curious to know the state of the social science literature on this subject. What evidence is more easily and effectively available to voters–information about a candidate’s epistemic virtue, or information about the predicted outcomes of the policies he can be predicted to enact during x years of a term when the issues he faces are themselves partly unpredictable? Having the right values may be sufficient (or as close to sufficient as matters) for making good policy (or at least for predicting good policy) if the values in question are both moral and epistemic.

(4) If there is good evidence that a politician is likely to enact harmful policies, perhaps one should vote for her as long as she is a good person, the other candidate is an evil person, and the harmful policies are not that harmful. The preceding claim seems incompatible with Brennan’s thesis, which entails that we ought not to vote for politicians who will enact harmful policies simply because the other candidate has a bad character. Brennan adds the parenthentical “without sufficient reason” in the penultimate sentence of the passage as though to include the Modi-like case I have in mind–in which case my Modi-like case wouldn’t be a counterexample to his thesis, but something he’d already thought of, and carefully baked into the thesis ab initio.

But Brennan’s parenthetical seems inconsistent and ad hoc. Either Brennan’s point is that character is relevant to voting (only)** when it is a proxy for future policy, or not. If the first disjunct is the case, Modi-like cases are a counterexample to Brennan’s view. On the other hand, if we go by the second disjunct, i.e., if there can be sufficient reason to vote for character when character  is not a proxy for future policy, it is unclear what Brennan has been saying in this section of the book, or why he thinks what he has said is a response to the objection under discussion in the section. If “voting on the moral virtue of a candidate counts as good voting only to the extent that the candidate’s moral virtue is evidence that she will enact good policies,” the “only” implies that there cannot be a reason for voting on the moral virtue of a candidate when there is no evidence of a connection between character and expected policies.  [And if there cannot be a reason, there cannot be sufficient reason. Hence the reference to “sufficient reason” is incoherent.]*

On the whole, though I generally agree with Brennan’s thesis in The Ethics of Voting, and regard it as an important contribution to the literature, I’m not crazy about the way in which he deals with objections in the book. The issue of character-based voting is merely a case in point, but in my view a clear one. Though one blurb for Brennan’s book describes it as “beautifully clear and eminently readable,” this particular section is neither. I don’t think the failure is mine as a reader but his as its author.

*I added the bracketed sentences a few hours after I originally posted this.

**Added for clarification’s sake a day after the post went up.

Postscript, October 9, 2014: A belated afterthought: doesn’t Brennan’s view entail that voter disenfranchisement of convicted felons is only justified to the extent that being-convicted-of-a-felony is a proxy for high-likelihood-of-wrongful-voting by the felon? After all, Brennan’s view is that the relevant issue as regards the right to vote is always the voter’s epistemic justifiedness or competence (on a rather narrow understanding of competence that is operationalizable and excludes, e.g., “softer” moral considerations considerations of empathy, etc.) That is the motivation for Brennan’s rejection of character-based voting.  But there is nothing about being a murderer, rapist, or robber that a priori excludes competence or epistemic justifiedness in the relevant sense. So it seems to follow on his view that felons ought not to be disenfranchised qua felons. They ought to be enfranchised, regardless of their crimes, and we ought then to give them a chance to become competent voters. Since felons currently lack the right to vote, they haven’t had practice either at voting or at acquiring the necessary skills for it. But dispositionally, they might be fantastically competence under the right conditions. If they can achieve Brennan-competence (once we arrange the remedial conditions), they ought to be allowed to vote. Right? Practically speaking, that would be a bit of a headache, but such considerations don’t otherwise faze Brennan (consider the practical headaches of administering a nationalized poll test, though to be fair, we do have precedents to work from, e.g., the NAEP Civics Assessment) so why not?

Postscript, December 8, 2014: Here’s an excellent background essay, by William Dalrymple, on the Modi phenomenon, written for Britain’s New Statesman in May 2014, well before the elections that brought Modi to power. It’s journalism at its best, and has a richness that no thought-experiment could hope to have.

Postscript, December 9, 2014: This article in The New York Times, “Modi’s Campaign Stop in Kashmir Is Notable for Lack of Unrest,” provides some useful specification of the point I’m making in the post. For one thing, note that the real Modi’s behavior resembles that of the hypothetical Modi I describe: he’s not been alarmingly nationalistic or anti-Muslim, and he’s promised (perhaps credibly promised) policies that advance the economic prospects of Kashmiris, including the poor. And yet, the article ends, unsurprisingly, with this:

But as the crowd filed out afterward, a knot of well-dressed men stood nearby and watched with smoldering eyes.

“I didn’t go, because that man is a criminal,” Ahtisham Shah, a 40-year-old manager at the local office of a telecommunications company, said of Mr. Modi. “He still has to answer for the massacre in 2002.”

Asked if any of them would vote in the next round on Sunday, all five men shook their heads.

“To hell with India and to hell with Pakistan,” said Basharat Ahmad. “Kashmir is an independent country.”

The guys with the smoldering eyes aren’t voting because there’s no credible anti-Modi candidate to vote for, and, as they see it, any vote is a vote for India anyway. But ignore both things for the moment. Imagine that there was an anti-Modi candidate to vote for, and imagine that the smoldering-eye guys put aside their “to hell with India and Pakistan” attitude long enough to vote. (I’m not giving advice; I’m just imagining the possibility.) Should they, as per Brennan’s suggestion, not vote on character, even if the candidate in question “has to answer for the massacre in 2002”? Better yet: should we, as per Brennan’s suggestion, regard them as wrongful or incompetent voters if they do? Should they be required to pass a Brennanite competence test before being regarded as competent to vote for or against Modi? Isn’t there something nearly obscene about the suggestion that they should be disenfranchised for their failure to pass a Brennanite poll test?

My answers: they should vote on character; we should not regard them as wrongful or incompetent for doing so; they should not be required to pass a Brennanite competence test as a necessary condition of being considered competent; there is something obscene about Brennan’s suggestion (even if, as he likes to brag, he managed to make the suggestion in a well-known “peer reviewed” philosophy journal: I have to wonder how many of Brennan’s “peers” at Phil Quarterly were Indian or Kashmiri Muslims).

If Brennan didn’t intend any of the preceding conclusions in The Ethics of Voting, he might want to make that explicit, but nothing about the text of the book or any of the articles of his that I’ve read excludes my interpretation or even considers the possibilities I’ve raised.

Postscript, March 28, 2015: Reports are now coming out of India that suggest I may have been too charitable in my predictions about the situation of Muslims in Modi‘s India, not that that affects my argument at all.

Postscript, March 30, 2015: OK, so I guess I was being really over-charitable to Modi.

Postscript, April 27, 2015: I find it depressing that Barack Obama has chosen to write a laudatory essay on Modi for Time’s “100 Most Influential People in the World” issue (April 27, 2015). Frankly, I find George Wallace’s moral rehabilitation more impressive than Modi’s. The rehabilitation doesn’t stop Wikipedia for telling us (accurately) that Wallace is “remembered” for his segregationist stance (not his subsequent rehabilitation). Meanwhile, this is Obama on “Narendra”:

When he came to Washington, Narendra and I visited the memorial to Dr. Martin Luther King Jr. We reflected on the teachings of King and Gandhi and how the diversity of backgrounds and faiths in our countries is a strength we have to protect. Prime Minister Modi recognizes that more than 1 billion Indians living and succeeding together can be an inspiring model for the world.

Yes, they can.

Postscript, November 27, 2015: The controversy over Donald Trump and the post 9/11 celebration rumors induces me to revisit the topic of Jason Brennan’s critique of character-based voting (see here as well). Also relevant (though perhaps less clearly so) is some of the commentary on the recent elections in the Bihar province of India, where Narendra Modi’s BJP was unseated by its rivals. In thinking about both controversies, it belatedly occurs to me that Brennan is operating with either an overly narrow or an equivocal conception of “governance.” Go back to the last passage of Brennan’s that I excerpted. It begins like this:

So character-based voting is acceptable only insofar as it is a proxy to the quality of the governance a candidate is likely to produce. To what degree good character and good policies are correlated is largely an empirical question.

The second sentence seems to presuppose that good governance is reducible to the enactment of good policies, so that if a judgment about character is indeterminate with respect to the enactment of good policies, it’s irrelevant to judgments about whether to vote for the candidate in question. I’m not sure how Brennan understands the term “policy,” but on the ordinary understanding of the term, good governance isn’t reducible to the enactment of policies. It certainly can’t be the case that “good governance” can be understood by this formula:

S engages in good governance if and only if, for every policy P that S enacts (or proposes or broadly speaking facilitates), P is a good policy.

What about the good policies that S fails to enact? Is the failure to enact or propose (etc.) a policy a failure of policy on Brennan’s view? Charitably read, I think he’d say “yes.” At any rate, his view doesn’t prevent him from saying “yes,” so I’ll give him that.

But what about actions unrelated to policy? Here, it seems to me, he faces a real problem. His view seems to be that either a politician is in the business of enacting/refusing to enact policies, or he’s not on the job at all. But this strikes me as a reductive and oversimplified conception of politics.

Arguably, some of what political leaders do is essentially discursive. They talk to us, and often this talk has little or nothing to do with policy–or at least need not have much to do with policy. In their discursive capacities, politicians play (or as I see it, ought to play) the role of public intellectuals: they comment authoritatively on matters of public concern in a responsible way. Arguably, in doing so, political leaders also serve as models of civic virtue: they don’t just comment authoritatively on matters of public concern, but deal with those matters in ways that self-consciously exemplify a concern for truth and justice in public affairs. They give speeches, they answer questions at press conferences, they visit distressed places under their jurisdiction, they interact with people in a face to face way, and they’re recorded as interacting with people in that way. This isn’t just PR or show business. It’s a form of interaction that’s essential to leadership. In other words, a successful politician isn’t just a technician or policy wonk, but a leader–a public figure who functions as a moral exemplar, at least in certain limited respects. And good governance isn’t just policy wonkery; it’s leadership.

So character is bound to be relevant to governance whether or not it’s relevant to policy. The details of a person’s sex life may or may not be relevant to being, say, President of the United States or Prime Minister of India. But a person’s attitude toward (say) race relations certainly is relevant to both offices, whether or not those attitudes are proxies for any policy that the relevant individual proposes, enacts, or doesn’t propose or enact. The next president of the United States might well conclude that no new policies of any kind regarding race need to be enacted during his term. Suppose ex hypothesi that this is the correct decision as a matter of policy. Suppose ex hypothesi that the president successfully plays the political game so that he gets his way, and no policies are passed. That is ex hypothesi the optimal policy outcome, but it’s not the end of the story: it certainly matters how he pulls it off, e.g., how he defends his decisions, and how he deals with critics.

Once we cross a certain threshold, an asshole is not a good leader, and not a practitioner of good governance, even if he enacts the greatest policies in the world. (I’ll grant that we have to tolerate some degree of assholishness in almost any political leader, but even in politics, there’s such a thing as crossing the Asshole Rubicon, and once we do, all bets are off. Bright lines may be hard to draw here, but I think it’s obvious that Modi and Trump crossed the Rubicon a long time ago.) This is a subtly different point from the one I had originally made. My original point was backward-looking: having crossed a certain threshold, we shouldn’t reward wrongdoers with the perks of political office given their past misdeeds. My present point is present- and forward-oriented: we shouldn’t regard character merely as a proxy variable for predictions regarding policy-enactment, narrowly understood. We need to employ a broader conception of governance than that.

The topic of assholes brings me to Donald Trump (and Narendra Modi). Put it this way: imagine that Donald Trump becomes president, but that (miraculously) while in office, he changes his tune and enacts perfectly reasonable policies, even with respect to Arab and Muslim Americans. But imagine that he continues to comport himself as he currently is doing. Would he make a good president? No. His current comportment would undercut his claims to good governance even if he was enacting the right policies, and declining to enact the wrong ones. My point is not that ill comportment would undermine the policies per se, but that demeanor is an autonomous desideratum in a political leader, and that judgments of character are, in an obvious way, a proxy for it. You can’t be a good leader if you systematically disrespect and insult the people you govern, even if you enact the right policies in the process.

Incidentally, in saying that good character and good policy-enactment is an empirical matter, Brennan seems to be implying (as he often does) that identification of the correlation is a matter of consulting double- or triple-blind peer review social science studies. But if that’s what he means, he needs to deal with some obvious but unacknowledged questions.

First of all, there are many, many situations in life in which we have pre-scientific beliefs but no scientific studies to consult on the matter. Is his view that in every such case, we should simply ditch our pre-scientific beliefs on grounds of unreliability? Or is it sometimes permissible to use the pre-scientific beliefs as a guide to action? The first claim is really implausible, but the second claim sits uneasily with his rejection of character-based voting. He himself admits without consulting “the social scientific literature” that “[i]f someone is morally corrupt, there is a pretty good chance he will use the power of the state for personal benefit rather than to promote the common good.” Well, yes, that’s a matter of pre-scientific common sense. But what social scientific literature proves that it’s true? What social science literature has ever taken the population of “someones” as its sample?

Second, we know that a great deal of social science is unreliable. (Much of it is trivial as well.) To what degree, then, can we assume a priori that social scientific findings are, regardless of subject matter, more reliable than pre-scientific beliefs? I don’t see any reason to think that social scientists have the inside track on the nature of moral virtue. If they don’t, I don’t see any reason to think that their findings are always more reliable than pre-scientific beliefs on questions related to virtue.

Third, Brennan exaggerates the univocality of social scientific findings. Social scientists disagree with one another in both interdisciplinary and intradisciplinary fashion. Unless Brennan can show us that one branch or sub-branch of “social science” has a monopoly on the truth about politics, the appeal to social science strikes me as a bit of dogmatism and a bit of intimidatory hand-waving.

Since Brennan admits that character is something of a proxy for judgments about good governance, but also admits that it has variable weight, and can’t exclude the possibility that it sometimes might be highly weighted, and has no principled reason for preferring global reliance on social science over pre-scientific beliefs, and has an overly narrow conception of governance, I conclude that he lacks a coherent objection to judicious character-based voting. (Proviso: Brennan has a new book that’s either forthcoming or just recently out from Princeton University Press, called Against Politics. For obvious reasons, I haven’t read it, so I don’t know whether he discusses any of what I’ve said in this post there.)

Postscript, December 10, 2015: This critique of Trump is useful because it very clearly enumerates moral defects of Trump’s that aren’t necessarily proxy variables for predictions about policy.

In the article, Hillyer argues that Trump has a long record of undermining or abusing those weaker than him who get in his way. To the extent that Trump hasn’t broken any laws, that gives us a clear inference to the conclusion that Trump is immoral in his personal/business dealings, but yields no clear predictions about any particular policy conclusion. Hillyer goes on to argue that Trump mistreated his workers, but even if we grant that, we can’t infer that Trump’s economic policies would necessarily slight workers; after all, Trump is sufficiently opportunistic to change his tune and plump for pro-worker legislation.

Suppose you’re against eminent domain. Can we infer from Trump’s reliance on eminent domain that Trump would favor the expansion of eminent domain as a matter of policy? No, not really. Given his opportunism, Trump could just as easily restrict eminent domain if he found that desirable.

Maybe all of this proves that we shouldn’t vote for Trump because his impulsiveness and opportunism would make for bad policy. Maybe, but to be consistent, a defender of Brennan’s thesis would need to adduce social scientific evidence to suggest not only that impulsiveness and opportunism make for bad policy, but that they make for worse policy than intentionally aiming at bad policies (cf. Hillary Clinton, at least as viewed from a libertarian free market perspective). Note that this social science couldn’t just leave its findings at some set of generalities; it would have to be sufficiently tailored to the Trump vs. Clinton option to allow us to decide between them. I’m skeptical that any existing social scientific literature can yield such a conclusion.

The real reason why we shouldn’t vote for someone with a Trump-like track record is that electing someone to political office confers a reward on the person, and justice forbids rewarding someone’s past malfeasance whether or not the past malfeasance is a proxy variable for the person’s enacting bad policies in the future. In short, we shouldn’t vote for a Trump-like or Modi-like candidate simply because they don’t deserve our votes.

Postscript, December 12, 2015: More on the same theme. Consider Megyn Kelly’s now-famous misogyny question of Donald Trump back in August. The latter half of her question had an indirect sort of connection to policy (roughly, “how do you answer the charge that you are part of the war on women?”), but the first part did not. After quoting some of Trump’s remarks, she asked, “Does that sound [to] you like the temperament of the man we should elect president….”? (my emphasis).

As I see it, the first half of the question would have been entirely fair and appropriate on its own, even without the tie back to policy. Arguably, an avowed, explicit, egregious misogynist does lack the temperament of “the man we should elect president” even if he promises do great things for women (as Trump did, in answer to Kelly). Other things equal, misogyny of Trump’s variety ought to be a reason for voting against him (or not voting for him), whether or not the misogyny predicts any particular policy position he might take as president.

Suppose that other things aren’t equal, however. It’s an interesting question what a voter should do if faced with an out-and-out misogynist whose policy positions are, all things considered, appreciably better than the non-misogynist. To keep things relatively simple, imagine a pro-choice misogynist running against an anti-abortion non-misogynist (and suppose ex hypothesi that abortion ought to be legal). Unless you take avowal of an anti-abortion position to be prima facie evidence of misogyny on its own, I’d be inclined to say that the pro-choice policy position trumps the misogynistic defect of character, so to speak. Of course, if you regard an anti-abortion position as evidence of misogyny, then the choice here is between two misogynists, so that the dilemma is resolved from the outset. But though I’m pro-choice on abortion, that approach seems implausible to me.

Postscript, December 26, 2015: So Modi “surprises” us again, though this move comes as a less of a surprise to me than some of stuff I’ve described in the postscripts above. Given Modi’s character, however, it’s hard to interpret: is it a sincere step forward, or just play-acting? It seems obvious to me that one can’t easily disentangle the policy-related issue involved here (discussed near the end of the article) from an issue of moral character: is Modi honest or trustworthy? If he is, his trip to Lahore seems like a step forward in Indo-Pak relations. If he isn’t, there’s no way to know where he stands on policy, because we can’t trust anything he says or does.

Brennan might claim that the preceding observation is consistent with the letter of his claim in The Ethics of Voting (as it is), but I would say that it contradicts the spirit of his claim: if  judgments of intellectual character are relevant to virtually every prediction we make about a candidate’s prospective policies, it makes good sense to vote for intellectually virtuous (honest, intellectually responsible, non-demagogic, etc.) candidates, and makes good sense to figure out whether a given candidate is in fact intellectually virtuous (honest, responsible, non-demagogic, etc.).Other things being equal, we should vote for the intellectually virtuous candidate, the more the virtuous the better.

If so, it makes no sense to come out against character-based voting, pointlessly adding the proviso that character-based voting is OK as long as it’s relevant to policy. How could a candidate’s honesty, candor, probity, conscientiousness, accuracy, trustworthiness etc. be irrelevant to policy? We might (accurately but in this context a little tendentiously) call those policy-relevant traits of character, and think of them as the policy-makers’ analogue to the intellectual virtues required to do good science. If policy-relevant traits of character are always relevant to policy, then a ban on character-based voting that allows for them is either toothless or misleading or both.

Thanks to Faisal Jilani and Aftab Khawaja for the discussion on Modi that inspired this post, and to Fawad Zakariya for driving home to me the moral significance of what happened in Gujarat. The usual caveat applies.

Friedman and Frederick on Nozick; Sadler on Plato

Reason Papers 36.1, which came out a few weeks ago, included a nice review essay by Danny Frederick of Mark Friedman’s recent book, Nozick’s Libertarian Project. Friedman has now responded to the review on his website, with a short rejoinder by Frederick in the comments.

For other recent work on Nozick in Reason Papers, check out Dale Murray’s October 2012 review essay of Ralf Bader’s Robert Nozick and Bader and Meadowcraft’s Cambridge Companion to Nozick’s Anarchy, State, and Utopia. Also relevant is Lamont Rodgers’s “Self-Ownership and Justice in Acquisition,” from the October 2012 issue. Digging back in RP‘s archives, I was astounded (and a bit dismayed) to discover that the journal ran no review of Nozick’s Anarchy, State, and Utopia when the book came out in 1974, though it did, in 1980, run a Nozick-oriented paper by Richard B. McKenzie, “Entitlements and the Theft of Taxation.”

If you happen to be in the vicinity of Lodi, New Jersey this Wednesday the 24th around 1 pm, and you’re interested in Plato and/or virtue–a small, self-selected population, I realize–you might want to stop by Kirby 206 at Felician College and hear Greg Sadler’s presentation, “Just What Is a Platonic Virtue?” The talk–officially a Current Research Workshop–is sponsored by Felician’s Institute for Ethics and Public Affairs. Here’s a summary:

Plato’s dialogues talk quite a bit about the virtues — including the cardinal ones: wisdom, justice, temperance, and courage — but it’s not always clear just what these virtues are in his work. Do they exist in persons? Or are they Forms? In this workshop… I’ll be presenting my current research on the subject — aimed at clarifying the metaphysical status of virtue and virtues in Plato’s thought, and thinking how we would apply such a perspective in our own contemporary lives.
If you’re not in the vicinity of Lodi, New Jersey this Wednesday–never fear, I’ll blog it here (at some point). Incidentally, if you’re interested in doing a Felician Current Research Workshop, contact me at my Felician address (click the “Current Research Workshop” link for that), and I’ll try to  set something up.

Bomb First, Testily Allow Questions Later

This high-level rationalization for “expanded airstrikes” on Syria really defies commentary, from a News Analysis in this morning’s New York Times:

The American ambassador to the United Nations, Samantha Power, on Tuesday struck a testy note when asked whether there was a legal basis for airstrikes on Syria.

“We believe we have a basis for action,” she said, declining to describe what they were, because, as she said, it would depend on the action taken and under what circumstances. “In the event that action is taken, believe me, we will have plenty of time to engage on it.”

We believe you! Sorry for asking!

Debating Syrian Intervention

Check out the conversation on Syrian intervention at Notes on Liberty, “A Few Remarks on Interventions in Syria and Iraq.” And feel free to check out last year’s conversation on the same subject here, from the now-defunct Institute for Objectivist Studies blog (11 posts). If I can change one mind on the subject, I’d count my efforts as a success.

P.S.: In an earlier post, I described Bruce Ackerman as a strange bedfellow in the debate over Syrian intervention. But I think I’d have to kick Howard Friel, Noam Chomsky, and Edward Herman out of bed, despite agreeing with them on the narrow question of the need for a Congressional vote on Syria, and on the potential applicability to the case of Syria of the War Powers Resolution. In a letter published in today’s New York Times, Friel, Chomsky, and Herman casually (but dogmatically) assert the following:

While the president must request and receive congressional approval within the strictures of the War Powers Resolution of 1973, as both Mr. Ackerman and your editorial rightly demand, neither Congress nor the president is free to violate the United Nations Charter’s prohibition “against the threat or use of force against the territorial integrity or political independence of any state.” Individual nations are bound by their international obligations regardless of their constitutional law. Thus, the reach of law here goes beyond the War Powers Resolution to the United Nations Charter.

It’s a claim to confirm the most paranoid fears of the most paranoid right-winger: the United Nations Charter supersedes the U.S. Constitution. On the face of it, I don’t see how the United States (or any other country) can be “bound,” whether legally or morally, to adhere to the terms of a document when doing so would violate its own constitution. The perplexity is increased when you consider that it’s obvious how and why the U.S. Constitution is the law of the land, but not obvious that international “law” is law at all.  Though it’s a bit of a distraction from the issue directly at hand, I’d be curious to see an argument for their claim.

AUMF, ISIS, and Imperialism

I rarely if ever agree with Bruce Ackerman on political matters, but the politics of warfare, I suppose, makes for strange bedfellows. What Ackerman says in this Op-Ed, pointedly titled “Obama’s Betrayal of the Constitution,” seems to me exactly on target:

Mr. Bush gained explicit congressional consent for his invasions of Afghanistan and Iraq. In contrast, the Obama administration has not even published a legal opinion attempting to justify the president’s assertion of unilateral war-making authority. This is because no serious opinion can be written.

This became clear when White House officials briefed reporters before Mr. Obama’s speech to the nation on Wednesday evening. They said a war against ISIS was justified by Congress’s authorization of force against Al Qaeda after the Sept. 11, 2001, attacks, and that no new approval was needed.

But the 2001 authorization for the use of military force does not apply here. That resolution — scaled back from what Mr. Bush initially wanted — extended only to nations and organizations that “planned, authorized, committed or aided” the 9/11 attacks.

Mr. Obama is rightly proud of his success in killing Osama bin Laden in 2011 and dismantling the Qaeda network he built up. But it’s preposterous to suggest that a congressional vote 13 years ago can be used to legalize new bombings in Syria and additional (noncombat) forces in Iraq.

To suggest that a Congressional vote 13 years ago responding specifically to the 9/11 attack can be used to legalize new warfare in Syria is to flout the plain meaning of the words of the original Authorization of the Use of Military Force, and to suggest by implication that words have no meaning. It’s about as obvious a violation of the rule of law as can be imagined–a paradigm case of violation staring us straight in the face, while masquerading as law. It also marks another sad milestone in the United States’s childish, eyes-wide-shut descent into imperialism.

Ten Lessons of 9/11

We’re just a few days away from the thirteenth anniversary of 9/11. Here are a few of the lessons I’ve learned from the last thirteen or so years of perpetual warfare. I offer them somewhat dogmatically, as a mere laundry list minus examples to illustrate what I’m saying. But I have a feeling that the lessons will ring true enough for many people, and that most readers can supply appropriate examples of their own.

(1) The inevitable gap between normative theorizing and political practice
A war can be justified in principle as a proportionate response to unprovoked aggression, have a rational object, have clear and publicly stated conditions for victory, and still not be worth fighting because there is no guarantee that the war will be fought on the grounds that were publicly given for fighting it. Even if a war seems perfectly justified on every conceivable matter of principle, remember that wars are fought in the real world, not ex hypothesi in thought-experiments, and that every theoretical simplification you make in thinking about a war will be more than matched by some unforeseeable complication that arises in the fog of war. Those complications may well be significant enough to nullify everything else you managed to think of, and destroy the best theoretical case for “going.”

(2) The perpetual opacity of post bellum considerations
It’s always easier to grasp the immediate and supposedly urgent reasons for going to war than to conceive, in detail, of the post bellum conditions that the war is supposed to bring about–much less to predict those conditions. But in confronting any suggestion that “we need to go to war,” try to imagine and predict how things will go in the end game, starting with the best-case scenarios and moving to the worst. I predict that you’ll find it hard even to imagine how to bring about the best-case scenarios (at least in any fine-grained way). The harder you find this, the better the case for not going.

(3) The crudeness of just war theory
The conceptual apparatus that philosophers bring to bear on the conduct of war consists of a set of extremely crude tools for dealing with the actual conduct of warfare. This being so, we face the following dilemma: either we should go to war in the knowledge that our best tools for dealing with it are so pathetically crude, or we should, if possible, avoid going to war in the knowledge that our best tools for dealing with it are that crude. I think it’s obvious that the latter fork provides the better way out of the dilemma.

Some examples of the conceptual crudity of some commonly-invoked ‘principles’:

  • The so-called non-initiation of force principle merely tells us that for any x, if x is an instance of force, x ought not to be initiated. It doesn’t give us any indication of the permissible range of values for x, and doesn’t tell us what to do if we face an instance of initiated force.
  • The so-called ‘last resort’ principle is, on its own, merely a directive to appeal to war (or ‘force’) as a last resort; it gives no criterion of ‘lastness’ in resorts, and gives no criterion to determine what counts as a ‘use of force’ (often conflating ‘force’ with ‘warfare’ in confusing ways).
  • The so-called principle of proportionality appeals to a quasi-mathematical metaphor that is in practice very hard to make literal or apply in any determinate way.
  • The so-called principle of discrimination tells us to target combatants but not non-combatants; it doesn’t define ‘combatant’ or ‘non-combatant,” much less apply that distinction to hard cases, or tell us what to do when non-combatants are innocent shields of combatants. Nor does it deal with the obvious but little discussed fact that ex post facto reports of ‘civilian’ fatalities in battlefield conditions are extremely imprecise, and more easily fabricated than reported with accuracy.

(4) The inevitable unreliability of allies, both moral and strategic
Either you go to war alone or you go with a coalition. If you go alone, you fight the war isolated from the rest of the world, so that your adversary can count on active or passive allies throughout the world. If you go with a coalition, the problem becomes that you can’t control what your coalition partners do, no matter how insane or immoral they turn out to be. To this day, it’s unclear whether we should have allied as closely as we did with the Soviet Union during World War II; it’s also unclear whether we should have allied so closely with right-wing dictatorships during the Cold War to fight the Soviet Union, Communist China, and their proxies. The same unclarity extends to the alliances we’ve more recently formed to fight Islamist terrorism.

(5) The inadvisability of ‘reconstructing’ another country, whether for your good, theirs, or both
A country that still suffers race riots over its own legacy of slavery and racial discrimination probably can’t be relied on to reconstruct other countries that suffer from their problematic historical legacies—especially when those engaged in reconstruction are hated as imperialist interlopers, don’t know the history of the countries they’re reconstructing, lack the resources to engage in reconstruction, are confined for security reasons to well-fortified barracks, don’t speak the native language, and are politically hostage to a public back home that is totally uninterested in what they’re doing. It tends not to help that the problematic legacies of countries that are candidates for ‘reconstruction’ arise in large part from ill-conceived prior attempts at reconstruction produced by centuries of imperialism.

(6) Truth as the first casualty of war
Truth really is the first casualty of war, in large ways as well as small. Once war begins, wait for the lies and half-truths to proliferate—from all sides, about all things. And don’t assume that you’ll have the luxury of sifting truth from falsehood during wartime, either. The informational imperatives of wartime are simplicity, digestibility, and coherence with one’s own war effort. If reality doesn’t fit that template, reality will be sacrificed to wartime imperatives, and it will be decades (if that) before anything like a more rational or objective equilibrium is restored. (If you’re interested in ‘getting involved’ in the efforts behind a genuinely justified war, ditch the idea of a military draft or compulsory national service and try an anti-rumor campaign: induce people to stop believing rumors, to stop spreading them, and to criticize any rumors that come their way. You’d be amazed how much harm is done by rumors, and how hard it is to counteract them.)

Incidentally, one casualty of war on the side of those who don’t want war is truth about the nature of foreign aggression. Dogmatic pacifists have a problematic tendency to pretend that foreign aggressors either don’t exist, or are not really aggressing because they’re responding to legitimate grievances. That attitude is too obviously false to be usefully employed in any successful anti-war effort. So don’t.

(7) Domestic liberty as the next casualty of war
The next casualty of war is domestic liberty, along with the ever-present temptation to declare ongoing states of ‘emergency’ demanding ‘emergency measures’—in part by expanding the scope of the concept of ‘emergency’ to cover anything and everything, at whim. Try coming up with a serviceable definition of “emergency,” and try to stick with it.

(8) Civil defense as an alternative to war
If you really want to avoid being attacked by foreign aggressors, seriously consider the possibility of coming up with a civil defense policy that (a) blunts the force of any aggression, (b) costs fewer lives than a war would, (c) gets the whole population involved in the “war” effort, but (d) doesn’t sacrifice domestic liberty in the process. A tall but not necessarily impossible order–no more impossible than the proverbial war that leads smoothly to victory. Your civil defense policy will inevitably have to apply at the borders of your country and be integrated with your border/immigration policy. If you confront dogmatists who insist on ‘open borders,’ ask them whether open borders as they conceive of them require a nation to allow foreign aggressors into the country without challenge. Then ask them how respect for rights would be served by such a policy.

(9) Speak up, speak out
If you oppose the idea of going to war on a given occasion, say so–a lot, to everyone, including your political representatives. People may well regard you as a monomaniac, but in this case, that’s a good thing. Better a monomaniac than a cipher.

A proviso: if you’re going to speak out against war, try not to trespass, vandalize, assault people, or blow things up in the process. It makes you look stupid and hypocritical, and it won’t stop the war.

(10) Patriotism
If you regrettably find yourself in a war, don’t bother to show your patriotic spirit by flying a flag or putting some stupid, bellicose bumper sticker on your car. Find a support organization for injured or debilitated veterans, and support it—financially or otherwise. Nothing clarifies the nature of warfare more powerfully than time spent with combat veterans. And nothing makes it clearer that even the ‘best’ wars are an enormous waste of lives, limbs, blood, effort, time, materiel, and money. If saying that doesn’t count as ‘patriotism’ where you live, say it anyway. Or find somewhere else to live.

A bonus meta-lesson: It’s perfectly OK to come up with outright excuses for not going to war, as long as the excuses don’t obscure the need to go to war in the rare case when war is justified.

The consideration to bear in mind was once nicely articulated to me by a paramedic I met in a medical emergency (I was the emergency): “Look,” he said when I asked him not to move me, “I have to move you. If I don’t move you, things are going to suck. If I move you, I realize: things are going to suck. Basically, no matter what happens, things are going to suck. But they’ll definitely suck more if I do nothing than if I move you. So I have to move you, OK?” He was absolutely right, and after he moved me, put me in a contraption to get me down the stairs, loaded me into the ambulance, and got me to the ER, I managed to get some painkillers into my system–whereupon I agreed with him 100%.

I’m not a pacifist, so my point is not that we should never go to war. It’s that when we do, we should be able to articulate the reasons why in just the way that my paramedic did. It rarely happens. But if volunteer paramedics can do it, so can armchair generals. Something to remember for the next 9/11.

Postscript 1, September 10, 2014: As if on cue, here’s a glimpse into the level of argumentation prevailing among hawkish Republican politicians:

Mr. Cheney, who was among the chief proponents of President George W. Bush’s decision to invade Iraq based on the flawed assumption that Saddam Hussein was harboring weapons of mass destruction and was tied to the Sept. 11 attacks, might have seemed an unlikely messenger of the moment.

But Republicans, for the most part, embraced him anew.

“We can argue over whatever about the Iraq war, but most of our guys believe Bush left in 2009 with the U.S. in position to win” the conflict, Representative Tom Cole, Republican of Oklahoma, said after the session. Mr. Cole added that six years into the presidency of Barack Obama, “at some point, it can’t be Bush and Cheney’s fault.”

Mr. Cheney’s brief talk during a closed-door meeting of the House Republican conference was mostly about the need for Republicans to push to maintain a strong military, but he also argued that his party needed to stop the establishment of a terrorist state in the Middle East.

He did not discuss the fact that many ISIS leaders were former Iraqi military officers who were imprisoned by American troops, nor did he dwell on the sectarian divisions and bloodletting since the 2003 American invasion. The crux of his argument, in fact, centered not on Mr. Obama, but on the isolationist voices on the rise in his party ahead of the 2016 presidential campaign, Republican lawmakers said.

“We can argue over whatever about the Iraq war, but most of our guys believe Bush left in 2009 in position to win.” There’s intellectual leadership for you. A sub-headline to today’s lead story: “Beheadings are Said to Push U.S. to Act–Speech Tonight.” Two war correspondents were beheaded in a war zone–so we have to go to war. If only I were making it up. Perhaps I should revise (6) to say: “Intelligence as the first casualty of war.” And the last.

Postscript 2, September 10, 2014, 8:25 pm: Read this before you buy the President’s argument tonight that he has the authority to order air strikes on Syria–and before you let your Congressional representatives shirk their responsibility to call a vote and make a public decision over it.

Postscript 3, September 11, 2014: From “Struggling to Gauge ISIS Threat, Even as US Prepares to Act“:

Daniel Benjamin, who served as the State Department’s top counterterrorism adviser during Mr. Obama’s first term, said the public discussion about the ISIS threat has been a “farce,” with “members of the cabinet and top military officers all over the place describing the threat in lurid terms that are not justified.”

“It’s hard to imagine a better indication of the ability of elected officials and TV talking heads to spin the public into a panic, with claims that the nation is honeycombed with sleeper cells, that operatives are streaming across the border into Texas or that the group will soon be spraying Ebola virus on mass transit systems — all on the basis of no corroborated information,” said Mr. Benjamin, who is now a scholar at Dartmouth College.

Mr. Obama has spent years urging caution about the perils of wading into the Syrian civil war, a position that has led critics to argue that his inaction has contributed to the death and chaos there. Now, he faces criticism that he has become caught up in a rush to war with no clear vision for how the fighting will end.

The Non-Labor Theory of Value

Here’s a thought for Labor Day: name the common denominator of these five articles, all from The New York Times.

(1) This one, from 2009, describes the gradual legalization of rainwater-ownership in Colorado.

(2) This one, from a few weeks ago, reviews the film “Dinosaur 13,” about the theft of dinosaur bones from federal land in South Dakota.

(3) This one, a column by Timothy Egan, extols the virtues of federal land policy in the American West.

(4) This one, from today’s international pages, describes the Israeli government’s declaration of a thousand acres of land around Bethleham as “state land” off limits to development by Palestinians.

(5) This one, from today’s national pages, describes California’s attempts to curb private drilling of sub-surface water tables in that state during a drought.

As a bonus, let me add a post I wrote last year on a (still-ongoing) controversy over the ownership of sightlines in New Jersey.

The common denominator of the five or six cases–in case you’re still laboring to figure it out–is the widely-accepted, but essentially unargued assumption that state ownership of natural resources is self-evidently legitimate, and self-evidently trumps claims of private ownership of the same resources.

In (1), Colorado seems to be assuming that it owns rainwater and the sky itself.

In (2), the federal government seems to be assuming that it owns whatever dinosaur bones exist underground, regardless of who exercises the labor to discover and unearth them.

In (3), Egan seems to be assuming that the federal government should have free rein to manage Western lands as it sees fit, regardless of claims of private ownership. A valley can “belong to you and me” even if neither of us have been there, and neither of us have lifted a finger to labor on it. Further, its “belonging to you and me” supersedes the would-be rights of those who have been there (who live and work there), and have labored over it and improved it. Going yet further: a valley can “belong to you and me,” and yet it can still be the case that neither of us has the right to exercise rights of ownership over it. (If that sounds convoluted, that’s because the idea it’s describing is convoluted.)

In (4), the Israeli government seems to making the same claim about the West Bank–a claim it’s made about a lot of the West Bank for a long time.

In (5), California is assuming that sub-surface water is the property of the state, not of those who drill for it. (This case, incidentally, seems to me the most plausible of the examples of state intervention I discuss here, in part because it involves government management rather than outright ownership of aquifer water, and in part because it’s far from obvious that farmers own sub-surface aquifers, especially if the aquifer extends beyond the farmer’s surface property line. But plausible or not, what needs a justification is how California comes to have the authority to control sub-surface water supplies simply because they’re there.)

I think of the cluster of assumptions at work here as “the non-labor theory of initial appropriation”: non-labor confers strong claims of ownership, but only by the state.

If you read the philosophical literature on initial appropriation of unowned resources by private individuals, you’ll discover that ownership is a deeply fraught activity even for those who expend the ingenuity and labor to own previously unowned things. According to this literature, private individuals cannot claim strong rights of world ownership even when a given individual uniquely labors over unowned resources in novel and circumscribed ways. Such laborers labor under a heavy burden of proof before they can demonstrate bona fide ownership over the valuable items that their labor has brought into the world. Even so, they are always at the mercy of collective claims of “need” to their would-be property, no matter how obvious it is that they’re the ones to have created the relevant value, whereas the collective has not.

The classic account of this, to my mind, is A.M. Honore’s brilliant fish-hook thought-experiment in “Property, Title, and Redistribution.” For many people, the upshot of the thought-experiment is that you don’t own a fish-hook even if you’re the one who (without anyone else’s help) invented the fish-hook and has created the only fish-hook in a given village. Others have a right to your fish-hook because their access to it would (in material terms) improve their condition, even if your having it and having created it doesn’t harm theirs. In a literature littered with pointless and extravagant thought-experiments, this one is an exception: it clarifies all the essential issues in all the right ways.

To the best of my knowledge, there is no comparable literature on initial appropriation of unowned resources by states. The assumption seems to be that states are just entitled to show up, survey all of the resources within their domain, and, by fiat, declare those resources to be the property of the state. Woody Allen said somewhere that showing up is half of life. As far as the state is concerned, showing up is all of ownership: showing up and saying “ours” is all the state needs to do to own (literally) anything on Earth (surface, sub-surface, water, or air) or even beyond it (i.e., outer space). If ever you’re tempted to accept the claim that libertarians and their ilk fetishize private property, consider the sorts of claims made by the champions and practitioners of state ownership. According to them, by doing nothing, you come to own everything.

The fact of the matter is that initial appropriation is a fraught and difficult subject whether the appropriation is made by private or public agents. It isn’t obvious or clear how it is that we come to own the bits of the world we own, whether “we” are private citizens or agents of the state. The real lesson of Labor Day is not what we “owe” the labor movement. (I generally like the labor movement, but for reasons I can explain some other time, I’m inclined to think that it owes me more than I owe it.) The real lesson is that we need to clarify our thoughts about the relationship between labor, non-labor, and ownership. We can’t owe the labor movement anything if none of us owns anything. And we can’t own anything if the state owns everything, including us. That last clause may seem implausible, but if the state doesn’t have to do anything to own something, it doesn’t have to do much to own us. In the Wizard of Oz, the Wicked Witch’s guards chant, “All we own, we owe her.” It kind of seems like a joke. But it kind of isn’t one.