Author Archives: Mike LaBossiere

Robo Responsibility

It is just a matter of time before the first serious accident involving a driverless car or an autonomous commercial drone. As such, it is well worth considering the legal and moral aspects of responsibility. If companies that are likely to be major players in the autonomous future, such as Google and Amazon, have the wisdom of foresight, they are already dropping stacks of cash on lawyers who are busily creating the laws-to-be regarding legal responsibility for accidents and issues involving such machines. The lobbyists employed by these companies will presumably drop fat stacks of cash on the politicians they own and these fine lawmakers will make them into laws.

If these companies lack foresight or have adopted a wait and see attitude, things will play out a bit differently: there will be a serious incident involving an autonomous machine, a lawsuit will take place, fat stacks of cash will be dropped, and a jury or judge will reach a decision that will set a precedent. There is, of course, a rather large body of law dealing with responsibility in regards to property, products and accidents and these will, no doubt, serve as foundations for the legal wrangling.

While the legal aspects will no doubt be fascinating (and expensive) my main concern is with the ethics of the matter. That is, who is morally responsible when something goes wrong with an autonomous machine like a driverless car or an autonomous delivery drone.

While the matter of legal responsibility is distinct from that of ethical responsibility, the legal theory of causation does have some use here. I am, obviously enough, availing myself of the notion of conditio sine qua non (“a condition without which nothing”) as developed by H.L.A. Hart and A.M. Honore.

Roughly put, this is the “but for” view of causation. X can be seen as the cause of Y if Y would not have happened but for X. This seems like a reasonable place to begin for moral responsibility. After all, if someone would not have died but for my actions (that is, if I had not done X, then the person would still be alive) then there seems to be good reason to believe that I have some moral responsibility for the person’s death. It also seems reasonable to assign a degree of responsibility that is proportional to the casual involvement of the agent or factor in question. So, for example, if my action only played a small role in someone’s death, then my moral accountability would be proportional to that role. This allows, obviously enough, for shared responsibility.

While cases involving non-autonomous machines can be rather complicated, they can usually be addressed in a fairly straightforward manner in terms of assigning responsibility. Consider, for example, an incident involving a person losing a foot to a lawnmower. If the person pushing the lawnmower intentionally attacked someone with her mower, the responsibility rests on her. If the person who lost the foot went and stupidly kicked at the mower, then the responsibility rests on her. If the lawnmower blade detached because of defects in the design, material or manufacturing, then the responsibility lies with the specific people involved in whatever defect caused the problem. If the blade detached because the owner neglected to properly maintain her machine, then the responsibility is on her. Naturally, the responsibility can also be shared (although we might not know the relevant facts). For example, imagine that the mower had a defect such that if it were not well maintained it would easily shed its blade when kicked. In this case, the foot would not have been lost but for the defect, the lack of maintenance and the kick. If we did not know all the facts, we would probably blame the kick—but the concern here is not what we would know in specific cases, but what the ethics would be in such cases if we did, in fact, know the facts.

The novel aspect of cases involving autonomous machines is the fact that they are autonomous. This might be relevant to the ethics of responsibility because the machine might qualify as a responsible agent. Or it might not.

It is rather tempting to treat an autonomous machine like a non-autonomous machine in terms of moral accountability. The main reason for this is that the sort of autonomous machines being considered here (driverless cars and autonomous drones) would certainly seem to lack moral autonomy. That is to say that while a human does not directly control them in their operations, they are operating in accord with programs written by humans (or written by programs written by humans) and lack the freedom that is necessary for moral accountability.

To illustrate this, consider an incident with an autonomous lawnmower and the loss of a foot. If the owner caused it to attack the person, she is just as responsible as if she had pushed a conventional lawnmower over the victim’s foot. If the person who lost the foot stupidly kicked the lawnmower and lost a foot, then it is his fault. If the incident arose from defects in the machinery, materials, design or programming, then responsibility would be applied to the relevant people to the degree they were involved in the defects. If, for example, the lawnmower ran over the person because the person assembling it did not attach the sensors correctly, then the moral blame lies with that person (and perhaps an inspector). The company that made it would also be accountable, in the collective and abstract sense of corporate accountability. If, for example, the programming was defective, then the programmer(s) would be accountable: but for his bad code, the person would still have his foot.

As with issues involving non-autonomous machines there is also the practical matter of what people would actually believe about the incident. For example, it might not be known that the incident was caused by bad code—it might be attributed entirely to chance. What people would know in specific cases is important in the practical sense, but does not impact the general moral principles in terms of responsibility.

Some might also find the autonomous nature of the machines to be seductive in regards to accountability. That is, it might be tempting to consider the machine itself as potentially accountable in a way analogous to holding a person accountable.

Holding the machine accountable would, obviously enough, require eliminating other factors as causes. To be specific, to justly blame the machine would require that the machine’s actions were not the result of defects in manufacturing, materials, programing, maintenance, and so on. Instead, the machine would have had to act on its own, in a way analogous to person acting. Using the lawnmower example, the autonomous lawnmower would need to decide to go after the person from it own volition. That is, the lawnmower would need to possess a degree of free will.

Obviously enough, if a machine did possess a degree of free will, then it would be morally accountable within its freedom. As such, a rather important question would be whether or not an autonomous machine can have free will. If a machine can, then it would make moral sense to try machines for crimes and punish them. If they cannot, then the trials would be reserved, as they are now, for people. Machines would, as they are now, be repaired or destroyed. There would also be the epistemic question of how to tell whether the machine had this capacity. Since we do not even know if we have this capacity, this is a rather problematic matter.

Given the state of technology, it seems unlikely that the autonomous machines of the near future will be morally autonomous. But as the technology improves, it seems likely that there will come a day when it will be reasonable to consider whether an autonomous machine can be justly held accountable for its actions. This has, of course, been addressed in science fiction—such as the ‘I, Robot” episodes (the 1964 original and the 1995 remake) of the Outer Limits which were based on Eando Binder’s short story of the same name.

 

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Spinoza, Self Help and Agency

The bookshelves of the world abound with tomes on self-help. Many of these profess to help people with various emotional woes, such as sadness, and make vague promises about happiness.  Interestingly enough, philosophers have long been in the business of offering advice on how to be happy. Or at least not too sad.

Each spring semester I teach Modern Philosophy and cover our good dead friend Spinoza. In addition to an exciting career as a lens grinder, he also manage to avoid being killed by an assassin. However, breathing in all that glass dust seems to have ultimately contributed to his untimely death. But enough about his life and death, it is time to get to the point of this essay.

As Spinoza saw it, people are slaves to their emotion and chained to what they love, such as fame, fortune and other people. This inevitably leads to sadness: the people we love betray us or die. That fancy Tesla can be smashed in a wreck. The beach house can be swept away by the rising tide. A job can be lost as a company seeks to boost its stock prices by downsizing the job fillers. And so on, through all the ways things can go badly.

While Spinoza was a pantheist and believed that everything is God and God is everything, his view of human beings is similar to that of the philosophical mechanist: humans are not magically exempt from the laws of nature. He was also a strict determinist: each event occurs from necessity and cannot be otherwise—there is no chance or choice. So, for example, the Seahawks could not have won the 2015 Super Bowl. As another example, I could not have written this essay in any other manner, so I had to make that remark about the Seahawks losing rather than mentioning their 2014 victory.

Buying into determinism, Spinoza took the view that human behavior and motivations can be examined as one might examine “lines, planes or bodies.” More precisely, he took the view that emotions follow the same necessity as all other things, thus making the effects of the emotions predictable—provided that one has enough knowledge.  Spinoza then used this idea as the basis for his “self-help” advice.

According to Spinoza all emotions are responses to the past, present or future. For example, a person might feel regret because she believes she could have made her last relationship work if she had only put more effort into it. As another example, a person might worry because he thinks that he might lose his job in the next round of downsizing at his company. These negative feelings rest, as Spinoza sees it, on the false belief that the past could have been otherwise and that the future is undetermined. Once a person realizes nothing could have been any different and the future cannot be anything other than what it will be, then that person will suffer less from the emotions. Thus, for Spinoza, freedom from the enslaving chains is the recognition and acceptance that what was could not have been otherwise and what will be cannot be otherwise.

This view does have a certain appeal and it does make sense that it can have some value. In regards to the past, people do often beat themselves up emotionally over what they regard as past mistakes. This can lead a person to be chained by regrets and thus be partially trapped in the past as she spends countless hours wondering “what if?” This is not to say that feeling regret or guilt is wrong—far from it. But, it is to say that lamenting about the past to the detriment of now is a problem.  It is also a problem to believe that things could have been different when they, in fact, could not have been different.

This is also not to say that a person should not reflect on the past—after all, a person who does not learn from her mistakes is doomed to repeat them. People can, of course, also be trapped by the past because of what they see as good things about the past—they are chained to what they (think) they once had or once were (such as being the big woman on campus back in college).

In regards to the future, it is very easy to be trapped by anxiety, fear and even hope. It can be reassuring to embrace the view that what will be will be and to not worry and be happy. This is not to say that one should be foolish about the future, of course.

There is, unfortunately, one crushing and obvious problem with Spinoza’s advice. If everything is necessary and determined, his advice makes no sense: what is, must be and cannot be otherwise. To use an analogy, it would be like shouting advice at someone watching a cut scene in a video game. This is pointless, since the person cannot do anything to change what is occurring. What occurs must occur and cannot be otherwise. For Spinoza, while we might think life is a like a game, it is like that cut scene: we are spectators of the show and not players controlling the game.

The obvious counter is to say “but I feel free! I feel like I am making choices!” Spinoza was well aware of this objection. In response, he claims that if a stone were conscious and hurled through the air, it would think it was free to choose to move and land where it does. People think they are free because they are “conscious of their own actions, and ignorant of the causes by which those actions are determined.” In other words, we think we are free because we do not know better. Going back to the video game analogy, we think we are in control as we push the buttons, but this is because we do not know how the game actually works—that is, we are just along for the ride and not in control.

Since everything is determined, whether or not a person heeds Spinoza’s advice is also determined—if you do, then you do and you could not do otherwise. If you do not, you could not do otherwise. As such, his advice would seem to be beyond useless. This is a stock paradox faced by determinists who give advice: their theory says that people cannot chose to follow this advice—they will just do what they are determined to do. That said, it is possible to salvage some useful advice from Spinoza.

The first step is for me to reject his view that I lack free will.  I have a stock argument for this that goes as follows. Obviously, I have free will or I do not. It is equally obvious that there is no way to tell whether I do or not. From an empirical standpoint, a universe with free will looks and feels just like a universe without free will: you just observe people doing stuff and apparently making decisions while thinking and feeling that you are doing the same.

Suppose someone rejects free will and they are wrong. In this case they are not only mistaken but also consciously rejecting real freedom.

Suppose someone rejects free will and they are correct. In that case, they are right—but not in the sense that they made the correct choice. They would have been determined to have that view and it would just so happen that it matches reality.

Suppose someone accepts free will and they are right. In this case, they have the correct view. They have also made the right choice—since choice would be real, making right and wrong choices is possible. More importantly, if they act consistently with this view, then they will be doing things right—not in the moral sense, but in the sense that they are acting in accord with how the universe works.

 

Suppose someone accepts free will and they are wrong. In this case they are in error, but have not made an incorrect choice (for obvious reasons).  They believe they are freely making choices, but obviously are not.

If I can choose, then I should obviously choose free will. If I cannot choose, then I will think I chose whatever it is I am determined to believe. If I can choose and choose to think I cannot, I am in error. Since I cannot know which option is correct, it seems best to accept free will. If I am actually free, I am right. If I am not free, then I am mistaken but had no choice.

Given the above argument, I accept that I have agency. This makes it possible for me to meaningfully give and accept (or reject) advice. Turning back to Spinoza, I obviously cannot accept his advice that I am enslaved by determinism. However, I can accept some of his claims, namely that I am acted upon by my attachments and emotions. As he sees it, the emotions are things that act upon us—on my view, they would thus be things that impinge upon our agency. As I love to do, I will use an analogy to running.

As I ran this morning, I was thinking about this essay and focused on the fact that feelings of pain (I have various old and new injuries) and tiredness were impinging on me in a manner similar to the way the cold or rain might impinge on me. In the case of pain and tiredness, the attack is from inside. In the case of the cold or rain, the attack is from the outside. Whether the attack is from inside or out, the attack is trying to make the choice for me—to rob me of my agency as a runner. If the pain, cold or rain makes me stop, then I am not acting. I am being acted upon. If I chose to stop, then I am acting. If I chose to go on, I am also acting. And acting rightly.  As a runner I know the difference between choosing to stop and being forced to stop.

Being aware of this is very useful for running—thanks to decades of experience I understand, in a way Spinoza might approve, the workings of pain, fatigue and so on. To use a specific example, I know that I am being acted upon by the pain and I understand quite well how it works. As such, the pain is not in control—I am. If I wish, I can run myself to ruin (and I have done just this). Or I can be wiser and avoid damaging myself.

Turning back to emotions, feelings impinge upon me in ways analogous to pain and fatigue. I do not have full control over how I feel—the emotions simply occur, perhaps in response to events or perhaps simply as the result of an electrochemical imbalance. To use a specific example, like most folks I will feel depressed and know that I have no reason to feel that way. It is like the cold or fatigue—it is just impinging on me. As Spinoza argued, my knowledge of how this works is critical to dealing with it. While I cannot fully control the feeling, I understand why I feel that way. It is like the cold I felt running in the Maine winters—it is a natural phenomenon that is, from my perspective, trying to destroy me. In the case of the cold, I can wear warmer clothing and stay moving—knowing how it works enables me to choose how to combat it. Likewise, knowing how the negative feelings work enables me to choose how to combat them. If I am depressed for no reason, I know it is just my brain trying to kill me. It is not pleasant, but it does not get to make the decisions for me. Fortunately, our good dead friend Aristotle has some excellent advice for training oneself to handle the emotions.

That said, the analogy to cold is particularly apt. The ice of the winter can kill even those who understand it and know how to resist it—sometimes the cold is just too much for the body. Likewise, the emotions can be like the howling icy wind—they can be too much for the mind. We are, after all, only human and have our limits. Knowing these is a part of wisdom. Sometimes you just need to come in from the cold or it will kill you. Have some hot chocolate. With marshmallows.

 

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Could Black Panther be White?

Black Panther (comics)

(Photo credit: Wikipedia)

While there is an established history of superhero characters having their ethnicity or gender changed, each specific episode tends to create a small uproar (and not just among the fanfolk). For example, Nick Fury was changed from white to black (with Samuel Jackson playing the character in the movies). As another example, a woman took on the role of Thor. I am using “ethnicity” here rather than “race” for the obvious reason that in comic book reality humans are one race, just as Kryptonians and Kree are races.

Some of the complaints about such changes are based in racism and sexism. While interesting from the standpoint of psychology and ethics, these complaints are not otherwise worthy of serious consideration. Instead I will focus on legitimate concerns about such change.

A good place to begin the discussion of these changes is to address concerns about continuity and adherence to the original source material. Just as, for example, giving Batman super powers would break continuity, making him into a Hispanic would also seem to break continuity. Just as Batman has no superpowers, he is also a white guy.

One obvious reply to this is that characters are changed over the years. To use an obvious example, when Superman first appeared in the comics he was faster than a speeding bullet and able to leap tall buildings. However, he did not fly and did not have heat vision. Over the years writers added abilities and increased his powers until he became the Superman of today. Character background and origin stories are also changed fairly regularly. If these sort of changes are acceptable, then this opens the door to other changes—such as changes to the character’s ethnicity or gender.

One rather easy way to justify any change is to make use of the alternative world device. When D.C. was faced with the problem of “explaining” the first versions of Flash (who wore a Mercury/Hermes style helmet), Batman, Green Lantern (whose power was magic and vulnerability was wood) and Superman they hit on the idea of having Earth 1 and Earth 2. This soon became a standard device for creating more comics to sell, although it did have the effect of creating a bit of a mess for fans interested in keeping track of things. An infinite number of earths is a rather lot to keep track of.  Marvel also had its famous “What If” series which would allow for any changes in a legitimate manner.

While the use of parallel and possible worlds provides an easy out, there is still the matter of changing the gender or ethnicity of the “real” character (as opposed to just having an alternative version). One option is, of course, to not have any “real” character—every version (whether on TV, in the movies or in comics) is just as “real” and “official” as any other. While this solves the problem by fiat, there still seems to be a legitimate question about whether all these variations should be considered the same character. That is, whether a Hispanic female Flash is really the Flash.

In some cases, the matter is rather easy to handle. Some superheroes merely occupy roles, hold “super jobs” or happen to have some gear or item that makes them super. For example, anyone can be a Green Lantern (provided the person qualifies for the ring). While the original Green Lantern was a white guy, a Hispanic woman could join the corps and thus be a Green Lantern. As another example, being Iron Man could be seen as just a matter of wearing the armor. So, an Asian woman could wear Iron Man armor and be Iron…well, Iron Woman. As a final example, being Robin seems to be a role—different white boys have occupied that role, so there seems to be no real issue with having a female Robin (which has, in fact, been done) or a Robin who is not white.

In many cases a gender change would be pointless because female versions of the character already exist. For example, a female Superman would just be another Supergirl or Power Girl. As another example, a female Batman would just be Batwoman or Batgirl, superheroes who already exist. So, what remains are cases that are not so easy to handle.

While every character has an “original” gender and ethnicity (for example, Captain America started as a white male), it is not always the case that the original’s gender and ethnicity are essential to the character. That is, the character would still make sense and it would still be reasonable to regard the character as the same (only with a different ethnicity or gender).  This, of course, raises metaphysical concerns about essential qualities and identity. Put very simply, an essential quality is one that if an entity loses that quality, it ceases to be what it is. For example, having three sides is an essential quality for a triangle: if it ceases to be three sided, it ceases to be a triangle. Color and size are not essential qualities of triangles. A red triangle that is painted blue does not ceases to be a triangle.

In the case of superheroes, the key question here is one about which qualities are essential to being that hero and which ones can be changed while maintaining the identity of the character. One way to approach this is in terms of personal identity and to use models that philosophers use for real people. Another approach is to go with an approach that is more about aesthetics than metaphysics. That is, to base the essential qualities on aesthetic essentials—that is, qualities relevant to being the right sort of fictional character.

One plausible approach here is to consider whether or not a character’s ethnicity and gender are essential to the character—that is, for example, whether Captain America would still be Captain America if he were black or a woman.

One key aspect of it would be how these qualities would fit the origin story in terms of plausibility. Going with the Captain America example, Steve Rogers could have been black—black Americans served in WWII and it would even be plausible that experiments would be done on African-Americans (because they did for real). Making Captain America into a woman would be implausible—the sexism of the time would have ensured that a woman would not have been used in such an experiment and American women were not allowed to enlist in the combat infantry. As another example, the Flash could easily be cast as a woman or as having any ethnicity—there is nothing about the Flash’s origin that requires that the Flash be a white guy.

Some characters, however, have origin stories that would make it implausible for the character to have a different ethnicity or gender. For example, Wonder Woman would not work as a man (without making all the Amazons men and changing that entire background). She could, however, be cast as any ethnicity (since she is, in the original story, created from a statue).

Another key aspect would be the role of the character in terms of what he or she represents or stands for. For example, Black Panther’s origin story would seem to preclude him being any ethnicity other than black. His role would also seem to preclude that as well—a white Black Panther would, it would seem, simply not fit the role. Black Panther could, perhaps, be a woman—especially since being the Black Panther is a role. So, to answer the title question, Black Panther could not be white. Or, more accurately, should not be white.

As a closing point, it could be argued that all that really matters is whether the story is a good one or not. So, if a good story can be told casting Spider-Man as a black woman or Rogue as an Asian man, then that is all the justification that would be needed for the change. Of course, it would still be fair to ask if the story really is a Spider-Man story or not.

 

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For Better or Worse Reasoning Free on Amazon 2/23/2015-2/27/2015

For-Better-Cover-Cover

The Kindle version of my book about the arguments against same sex-marriage will be free on Amazon (all countries) from February 23, 2015 to February 27, 2015.

Here is the link to the Amazon.com (USA) version.

Here is the link to the UK version.

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Debating the Keystone XL Pipeline

The Keystone XL Pipeline has become a powerful symbol in American politics. Those that oppose it can take it as a symbol of all that is wrong: environmental dangers, global warming, big corporations, and other such evils. Those who support it can take it as a symbol of all that is good: jobs, profits, big corporations and other such goods. While I am no expert when it comes to pipelines, I thought it would be worthwhile to present a concise discussion of the matter.

The main substantial objections against the pipeline are environmental. One concern is that pipelines do suffer from leaks and these leaks can inflict considerable damage to the environment (including the water sources that are used by people). The material that will be transported by the Keystone XL pipeline is supposed to be rather damaging to the environment and rather problematic in terms of its cleanup.

Those who support the pipeline counter these objections by claiming that the pipelines are relatively safe—but this generally does not reassure people who have seen the impact of previous leaks. Another approach used by supporters is to point out that if the material is not transported by pipeline, companies will transport it by truck and by train. These methods, some claim, are more dangerous than the pipelines. Recent explosions of trains carrying such material do tend to serve as evidence for this claim. There is also the claim that using trucks and trains as a means of transport will create more CO2 output and hence the pipeline is a better choice in regards to the environment.

Some of those who oppose the pipeline contend that the higher cost of using trucks and trains will deter companies from using them (especially with oil prices so low). So, if the pipeline is not constructed, there would not be the predicted increase in CO2 levels from the use of these means of transportation. The obvious counter to this is that companies are already using trucks and trains to transport this material, so they already seem to be willing to pay the higher cost. It can also be pointed out that there are already a lot of pipelines so that one more would not make that much difference.

In addition to the leaks, there is also the concern about the environmental impact of acquiring the material to be transported by the pipeline and the impact of using the fossil fuels created from this material. Those opposed to the pipeline point out how it will contribute to global warming and pollution.

Those who support the pipeline tend to deny climate change or accept climate change but deny that humans cause it, or accept that humans cause it but contend that there is nothing that we can do that would be effective (mainly because China and other countries will just keep polluting). Another approach is to argue that the economic benefits outweigh any alleged harms.

Proponents of the pipeline claim that it will create a massive number of jobs. Opponents point out that while there will be some job creation when it is built (construction workers will be needed), the number of long term jobs will be very low. The opponents seem to be right—leaving out cleanup jobs, it does not take a lot of people to maintain a modern pipeline. Also, it is not like businesses will open up along the pipeline once it is constructed—it is not like the oil needs hotels or food. It is, of course, true that the pipeline can be a moneymaker for the companies—but it does seem unlikely that this pipeline will have a significant impact on the economy. After all, it would just be one more pipeline among many.

As might be guessed, some of the debate is over the matters of fact discussed above, such the environmental impact of building or not building the pipeline. Because many of the parties presenting the (alleged) facts have a stake in the matter, this makes getting objective information a bit of a problem. After all, those who have a financial or ideological interest in the pipeline will tend to present numbers that support the pipeline—that it creates many jobs and will not have much negative impact. Those who oppose it will tend to do the opposite—their numbers will tend to tell against the pipeline. This is not to claim that people are lying, but to simply point out the obvious influences of biases.

Even if the factual disputes could be settled, the matter is rather more than a factual disagreement—it is also a dispute over values. Environmental issues are generally political in the United States, with the right usually taking stances for business and against the environment and the left taking pro-environment and anti-business stances. The Keystone XL pipeline is no exception and has, in fact, become a symbol of general issues in regards to the environment and business.

As noted above, those who support the pipeline (with some interesting exceptions) generally reject or downplay the environmental concerns in favor of their ideological leaning. Those that oppose it generally reject or downplay the economic concerns in favor of their ideological leaning.

While I am pro-environment, I do not have a strong rational opposition to the pipeline. The main reasons are that there are already many pipelines, that the absence of the pipeline would not lower fossil fuel consumption, and that companies would most likely expand the use of trains and trucks (which would create more pollution and potentially create greater risks). However, if I were convinced that not having the pipeline would be better than having it, I would certainly change my position.

There is, of course, also the matter of symbolism—that one should fight or support something based on its symbolic value. It could be contended that the pipeline is just such an important symbol and that being pro-environment obligates a person to fight it, regardless of the facts. Likewise, someone who is pro-business would be obligated to support it, regardless to the facts.

While I do appreciate the value of symbols, the idea of supporting or opposing something regardless of the facts strikes me as both irrational and immoral.

 

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Ransoms & Hostages

1979 Associated Press photograph showing hosta...

While some countries will pay ransoms to free hostages, the United States has a public policy of not doing this. Thanks to ISIS, the issue of whether ransoms should be paid to terrorists groups or not has returned to the spotlight.

One reason to not pay a ransom for hostages is a matter of principle. This principle could be that bad behavior should not be rewarded or that hostage taking should be punished (or both).

One of the best arguments against paying ransoms for hostages is both a practical and a utilitarian moral argument. The gist of the argument is that paying ransoms gives hostage takers an incentive to take hostages. This incentive will mean that more people will be taken hostage. The cost of not paying is, of course, the possibility that the hostage takers will harm or kill their initial hostages. However, the argument goes, if hostage takers realize that they will not be paid a ransom, they will not have an incentive to take more hostages. This will, presumably, reduce the chances that the hostage takers will take hostages. The calculation is, of course, that the harm done to the existing hostages will be outweighed by the benefits of not having people taken hostage in the future.

This argument assumes, obviously enough, that the hostage takers are primarily motivated by the ransom payment. If they are taking hostages primarily for other reasons, such as for status, to make a statement or to get media attention, then not paying them a ransom will not significantly reduce their incentive to take hostages. This leads to a second reason to not pay ransoms.

In addition to the incentive argument, there is also the funding argument. While a terrorist group might have reasons other than money to take hostages, they certainly benefit from getting such ransoms. The money they receive can be used to fund additional operations, such as taking more hostages. Obviously enough, if ransoms are not paid, then such groups do lose this avenue of funding which can impact their operations. Since paying a ransom would be funding terrorism, this provides both a moral a practical reason not to pay ransoms.

While these arguments have a rational appeal, they are typically countered by a more emotional appeal. A stock approach to arguing that ransoms should be paid is the “in their shoes” appeal. The method is very straightforward and simply involves asking a person whether or not she would want a ransom to be paid for her (or a loved one). Not surprising, most people would want the ransom to be paid, assuming doing so would save her (or her loved one). Sometimes the appeal is made explicitly in terms of emotions: “how would you feel if your loved one died because the government refuses to pay ransoms?” Obviously, any person would feel awful.

This method does have considerable appeal. The “in their shoes” appeal can be seem similar to the golden rule approach (do unto others as you would have them do unto you). To be specific, the appeal is not to do unto others, but to base a policy on how one would want to be treated in that situation. If I would not want the policy applied to me (that is, I would want to be ransomed or have my loved one ransomed), then I should be morally opposed to the policy as a matter of consistency. This certainly makes sense: if I would not want a policy applied in my case, then I should (in general) not support that policy.

One obvious counter is that there seems to be a distinction between what a policy should be and whether or not a person would want that policy applied to herself. For example, some universities have a policy that if a student misses more than three classes, the student fails the course. Naturally, no student wants that policy to be applied to her (and most professors would not have wanted it applied to them when they were students), but this hardly suffices to show that the policy is wrong. As another example, a company might have a policy of not providing health insurance to part time employees. While the CEO would certainly not like the policy if she were part time, it does not follow that the policy must be a bad one. As such, policies need to be assessed not just in terms of how a persons feels about them, but in terms of their merit or lack thereof.

Another obvious counter is to use the same approach, only with a modification. In response to the question “how would you feel if you were the hostage or she were a loved one?” one could ask “how would you feel if you or a loved one were taken hostage in an operation funded by ransom money? Or “how would you feel if you or a loved one were taken hostage because the hostage takers learned that people would pay ransoms for hostages?” The answer would be, of course, that one would feel bad about that. However, while how one would feel about this can be useful in discussing the matter, it is not decisive. Settling the matter rationally does require considering more than just how people would feel—it requires looking at the matter with a degree of objectivity. That is, not just asking how people would feel, but what would be right and what would yield the best results in the practical sense.

 

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Are Anti-Vaccination People Stupid?

Poster from before the 1979 eradication of sma...

Poster from before the 1979 eradication of smallpox, promoting vaccination. (Photo credit: Wikipedia)

The United States recently saw an outbreak of the measles (644 cases in 27 states) with the overwhelming majority of victims being people who had not been vaccinated. Critics of the anti-vaccination movement have pointed to this as clear proof that the movement is not only misinformed but also actually dangerous. Not surprisingly, those who take the anti-vaccination position are often derided as stupid. After all, there is no evidence that vaccines cause the harms that the anti-vaccination people refer to when justifying their position. For example, one common claim is that vaccines cause autism, but this seems to be clearly untrue. There is also the fact that vaccinations have been rather conclusively shown to prevent diseases (though not perfectly, of course).

It is, of course, tempting for those who disagree with the anti-vaccination people to dismiss them uniformly as stupid people who lack the brains to understand science. This, however, is a mistake. One reason it is a mistake is purely pragmatic: those who are pro-vaccination want the anti-vaccination people to change their minds and calling them stupid, mocking and insulting them will merely cause them to entrench. Another reason it is a mistake is that the anti-vaccination people are not, in general, stupid. There are, in fact, grounds for people to be skeptical or concerned about matters of health and science. To show this, I will briefly present some points of concern.

One point of rational concern is the fact that scientific research has been plagued with a disturbing amount of corruption, fraud and errors. For example, the percentage of scientific articles retracted for fraud is ten times what it was in 1975. Once lauded studies and theories, such as those driving the pushing of antioxidants and omega-3, have been shown to be riddled with inaccuracies. As such, it is hardly stupid to be concerned that scientific research might not be accurate. Somewhat ironically, the study that started the belief that vaccines cause autism is a paradigm example of bad science. However, it is not stupid to consider that the studies that show vaccines are safe might have flaws as well.

Another matter of concern is the influence of corporate lobbyists on matters relating to health. For example, the dietary guidelines and recommendations set forth by the United States Government should be set on the basis of the best science. However, the reality is that these matters are influenced quite strongly by industry lobbyists, such as the dairy industry. Given the influence of the corporate lobbyists, it is not foolish to think that the recommendations and guidelines given by the state might not be quite right.

A third point of concern is the fact that the dietary and health guidelines and recommendations undo what seems to be relentless and unwarranted change. For example, the government has warned us of the dangers of cholesterol for decades, but this recommendation is being changed. It would, of course, be one thing if the changes were the result of steady improvements in knowledge. However, the recommendations often seem to lack a proper foundation. John P.A. Ioannidis, a professor of medicine and statistics at Stanford, has noted “Almost every single nutrient imaginable has peer reviewed publications associating it with almost any outcome. In this literature of epidemic proportions, how many results are correct?” Given such criticism from experts in the field, it hardly seems stupid of people to have doubts and concerns.

There is also the fact that people do suffer adverse drug reactions that can lead to serious medical issues and even death. While the reported numbers vary (one FDA page puts the number of deaths at 100,000 per year) this is certainly a matter of concern. In an interesting coincidence, I was thinking about this essay while watching the Daily Show on Hulu this morning and one of my “ad experiences” was for Januvia, a diabetes drug. As required by law, the ad mentioned all the side effects of the drug and these include some rather serious things, including death. Given that the FDA has approved drugs with dangerous side effects, it is hardly stupid to be concerned about the potential side effects from any medicine or vaccine.

Given the above points, it would certainly not be stupid to be concerned about vaccines. At this point, the reader might suspect that I am about to defend an anti-vaccine position. I will not—in fact, I am a pro-vaccination person. This might seem somewhat surprising given the points I just made. However, I can rationally reconcile these points with my position on vaccines.

The above points do show that there are rational grounds for taking a general critical and skeptical approach to matters of health, medicine and science. However, this general skepticism needs to be properly rational. That is, it should not be a rejection of science but rather the adoption of a critical approach to these matters in which one considers the best available evidence, assesses experts by the proper standards (those of a good argument from authority), and so on. Also, it is rather important to note that the general skepticism does not automatically justify accepting or rejecting specific claims. For example, the fact that there have been flawed studies does not prove that the specific studies about vaccines as flawed. As another example, the fact that lobbyists influence the dietary recommendations does not prove that vaccines are harmful drugs being pushed on Americans by greedy corporations. As a final example, the fact that some medicines have serious and dangerous side effects does not prove that the measles vaccine is dangerous or causes autism. Just as one should be rationally skeptical about pro-vaccination claims one should also be rationally skeptical about ant-vaccination claims.

To use an obvious analogy, it is rational to have a general skepticism about the honesty and goodness of people. After all, people do lie and there are bad people. However, this general skepticism does not automatically prove that a specific person is dishonest or evil—that is a matter that must be addressed on the individual level.

To use another analogy, it is rational to have a general concern about engineering. After all, there have been plenty of engineering disasters. However, this general concern does not warrant believing that a specific engineering project is defective or that engineering itself is defective. The specific project would need to be examined and engineering is, in general, the most rational approach to building stuff.

So, the people who are anti-vaccine are not, in general, stupid. However, they do seem to be making the mistake of not rationally considering the specific vaccines and the evidence for their safety and efficacy. It is quite rational to be concerned about medicine in general, just as it is rational to be concerned about the honesty of people in general. However, just as one should not infer that a friend is a liar because there are people who lie, one should not infer that a vaccine must be bad because there is bad science and bad medicine.

Convincing anti-vaccination people to accept vaccination is certainly challenging. One reason is that the issue has become politicized into a battle of values and identity. This is partially due to the fact that the anti-vaccine people have been mocked and attacked, thus leading them to entrench and double down. Another reason is that, as argued above, they do have well-founded concerns about the trustworthiness of the state, the accuracy of scientific studies, and the goodness of corporations. A third reason is that people tend to give more weight to the negative and also tend to weigh potential loss more than potential gain. As such, people would tend to give more weight to negative reasons against vaccines and fear the alleged dangers of vaccines more than they would value their benefits.

Given the importance of vaccinations, it is rather critical that the anti-vaccination movement be addressed. Calling people stupid, mocking them and attacking them are certainly not effective ways of convincing people that vaccines are generally safe and effective. A more rational and hopefully more effective approach is to address their legitimate concerns and consider their fears. After all, the goal should be the health of people and not scoring points.

 

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Should You Attend a For-Profit College?

The rise of for-profit universities have given students increased choices when it comes to picking schools. Since college is rather expensive and schools vary in regards to the success of their graduates, it is wise to carefully consider the options before writing those checks. Or, more likely these days, going into debt.

While there is a popular view that the for-profit free-market will consistently create better goods and services at ever lower prices, it is wisest to accept facts over ideological theory. As such, when picking between public, non-profit, and for-profit schools one should look at the numbers. Fortunately, ProPublica has been engaged in crunching the numbers.

Today most people go to college in order to have better job prospects. As such, one rather important consideration is the likelihood of getting a job after graduation and the likely salary. While for-profit schools spend about $4.2 billion in 2009 for recruiting and marketing and pay their own college presidents an average of $7.3 million per year, the typical graduate does rather poorly. According to the U.S. Department of Education 74% of the programs at for-profit colleges produced graduates whose average pay is less than that of high-school dropouts. In contrast, graduates of non-profit and public colleges do better financially than high school graduates.

Another important consideration is the cost of education. While the free-market is supposed to result in higher quality services at lower prices and the myth of public education is that it creates low quality services at high prices, the for-profit schools are considerably more expensive than their non-profit and public competition. A two-year degree costs, on average, $35,000 at a for-profit school. The average community college offers that degree at a mere $8,300. In the case of four year degrees, the average is $63,000 at a for-profit and $52,000 for a “flagship” state college. For certificate programs, public colleges will set a student back $4,250 while a for-profit school will cost the student $19,806 on average. By these numbers, the public schools offer a better “product” at a much lower price—thus making public education the rational choice over the for-profit option.

Student debt and loans, which have been getting considerable attention in the media, are also a matter of consideration. The median debt of the average student at a for-profit college is $32,700 and 96% of the students at such schools take out loans. At non-profit private colleges, the amount is $24,600 and 57%. For public colleges, the median debt is $20,000 and 48% of students take out loans. Only 13% of community college students take out loans (thanks, no doubt, to the relatively low cost of community college).

For those who are taxpayers, another point of concern is how much taxpayer money gets funneled into for-profit schools. In a typical year, the federal government provides $6 billion in Pell Grants and $16 billion in student loans to students attending for-profit colleges. In 2010 there were 2.4 million students enrolled in these schools. It is instructive to look at the breakdown of how the for-profits expend their money.

As noted above, the average salary of the president of a for-profit college was $7.3 million in 2009. The five highest paid presidents of non-profit colleges averaged $3 million and the five highest paid presidents at public colleges were paid $1 million.

The for-profit colleges also spent heavily in marketing, spending $4.2 billion in recruiting, marketing and admissions staffing in 2009. In 2009 thirty for-profit colleges hired 35,202 recruiters which is about 1 recruiter per 49 students. As might be suspected, public schools do not spend that sort of money. My experience with recruiting at public schools is that a common approach is for a considerable amount of recruiting to fall to faculty—who do not, in general, get extra compensation for this extra work.

In terms of what is spent per student, for-profit schools average $2,050 per student per year. Public colleges spend, on average, $7,239 per student per year. Private non-profit schools spend the mots and average $15,321 per student per year. This spending does seem to yield results: at for-profit schools only 20% of students complete the bachelor’s degree within four years. Public schools do somewhat better with 31% and private non-profits do best at 52%. As such, a public or non-profit school would be the better choice over the for-profit school.

Because so much public money gets funneled into for-profit, public and private schools, there has been a push for “gainful employment” regulation. The gist of this regulation is that schools will be graded based on the annual student loan payments of their graduates relative to their earnings. A school will be graded as failing if its graduates have annual student loan payments that exceed 12% of total earnings or 30% of discretionary earnings. The “danger zone” is 8-12% of total earnings or 20-30% of discretionary earnings. Currently, there are about 1,400 programs with about 840,000 enrolled students in the “danger zone” or worse. 99% of them are, shockingly enough, at for-profit schools.

For those who speak of accountability, these regulations should seem quite reasonable. For those who like the free-market, the regulation’s target is the federal government: the goal is to prevent the government from dumping more taxpayer money into failing programs. Schools will need to earn this money by success.

However, this is not the first time that there has been an attempt to link federal money to success. In 2010 regulations were put in place that included a requirement that a school have at least 35% of its students actively repaying student loans. As might be guessed, for-profit schools are the leaders in loan defaults. In 2012 lobbyists for the for-profit schools (who have the highest default rates) brought a law suit to federal court. The judge agreed with them and struck down the requirement.

In November of 2014 an association of for-profit colleges brought a law suit against the current gainful employment requirements, presumably on the principle that it is better to pay lawyers and lobbyists rather than addressing problems with their educational model. If this lawsuit succeeds, which is likely, for-profits will be rather less accountable and this will serve to make things worse for their students.

Based on the numbers, you should definitely not attend the typical for-profit college. On average, it will cost you more, you will have more debt, and you will make less money. For the most for the least cost, the two year community college is the best deal. For the four year degree, the public school will cost less, but private non-profits generally have more successful results. But, of course, much depends on you.

 

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Augmented Soldier Ethics III: Pharmaceuticals

Steve Rogers' physical transformation, from a ...

Steve Rogers’ physical transformation, from a reprint of Captain America Comics #1 (May 1941). Art by Joe Simon and Jack Kirby. (Photo credit: Wikipedia)

Humans have many limitations that make them less than ideal as weapons of war. For example, we get tired and need sleep. As such, it is no surprise that militaries have sought various ways to augment humans to counter these weaknesses. For example, militaries routinely make use of caffeine and amphetamines to keep their soldiers awake and alert. There have also been experiments

In science fiction, militaries go far beyond these sorts of drugs and develop far more potent pharmaceuticals. These chemicals tend to split into two broad categories. The first consists of short-term enhancements (what gamers refer to as “buffs”) that address a human weakness or provide augmented abilities. In the real world, the above-mentioned caffeine and amphetamines are short-term drugs. In fiction, the classic sci-fi role-playing game Traveller featured the aptly (though generically) named combat drug. This drug would boost the user’s strength and endurance for about ten minutes. Other fictional drugs have far more dramatic effects, such as the Venom drug used by the super villain Bane. Given that militaries already use short-term enhancers, it is certainly reasonable to think they are and will be interested in more advanced enhancers of the sort considered in science fiction.

The second category is that of the long-term enhancers. These are chemicals that enable or provide long-lasting effects. An obvious real-world example is steroids: these allow the user to develop greater muscle mass and increased strength. In fiction, the most famous example is probably the super-soldier serum that was used to transform Steve Rogers into Captain America.

Since the advantages of improved soldiers are obvious, it seems reasonable to think that militaries would be rather interested in the development of effective (and safe) long-term enhancers. It does, of course, seem unlikely that there will be a super-soldier serum in the near future, but chemicals aimed at improving attention span, alertness, memory, intelligence, endurance, pain tolerance and such would be of great interest to militaries.

As might be suspected, these chemical enhancers do raise moral concerns that are certainly worth considering. While some might see discussing enhancers that do not yet (as far as we know) exist as a waste of time, there does seem to be a real advantage in considering ethical issues in advance—this is analogous to planning for a problem before it happens rather than waiting for it to occur and then dealing with it.

One obvious point of concern, especially given the record of unethical experimentation, is that enhancers will be used on soldiers without their informed consent. Since this is a general issue, I addressed it in its own essay and reached the obvious conclusion: in general, informed consent is morally required. As such, the following discussion assumes that the soldiers using the enhancers have been honestly informed of the nature of the enhancers and have given their consent.

When discussing the ethics of enhancers, it might be useful to consider real world cases in which enhancers are used. One obvious example is that of professional sports. While Major League Baseball has seen many cases of athletes using such enhancers, they are used worldwide and in many sports, from running to gymnastics. In the case of sports, one of the main reasons certain enhancers, such as steroids, are considered unethical is that they provide the athlete with an unfair advantage.

While this is a legitimate concern in sports, it does not apply to war. After all, there is no moral requirement for a fair competition in battle. Rather, one important goal is to gain every advantage over the enemy in order to win. As such, the fact that enhancers would provide an “unfair” advantage in war does not make them immoral. One can, of course, discuss the relative morality of the sides involved in the war, but this is another matter.

A second reason why the use of enhancers is regarded as wrong in sports is that they typically have rather harmful side effects. Steroids, for example, do rather awful things to the human body and brain. Given that even aspirin has potentially harmful side effects, it seems rather likely that military-grade enhancers will have various harmful side effects. These might include addiction, psychological issues, organ damage, death, and perhaps even new side effects yet to be observed in medicine. Given the potential for harm, a rather obvious way to approach the ethics of this matter is utilitarianism. That is, the benefits of the enhancers would need to be weighed against the harm caused by their use.

This assessment could be done with a narrow limit: the harms of the enhancer could be weighed against the benefits provided to the soldier. For example, an enhancer that boosted a combat pilot’s alertness and significantly increased her reaction speed while having the potential to cause short-term insomnia and diarrhea would seem to be morally (and pragmatically) fine given the relatively low harms for significant gains. As another example, a drug that greatly boosted a soldier’s long-term endurance while creating a significant risk of a stroke or heart attack would seem to be morally and pragmatically problematic.

The assessment could also be done more broadly by taking into account ever-wider considerations. For example, the harms of an enhancer could be weighed against the importance of a specific mission and the contribution the enhancer would make to the success of the mission. So, if a powerful drug with terrible side-effects was critical to an important mission, its use could be morally justified in the same way that taking any risk for such an objective can be justified. As another example, the harms of an enhancer could be weighed against the contribution its general use would make to the war. So, a drug that increased the effectiveness of soldiers, yet cut their life expectancy, could be justified by its ability to shorten a war. As a final example, there is also the broader moral concern about the ethics of the conflict itself. So, the use of a dangerous enhancer by soldiers fighting for a morally good cause could be justified by that cause (using the notion that the consequences justify the means).

There are, of course, those who reject using utilitarian calculations as the basis for moral assessment. For example, there are those who believe (often on religious grounds) that the use of pharmaceuticals is always wrong (be they used for enhancement, recreation or treatment). Obviously enough, if the use of pharmaceuticals is wrong in general, then their specific application in the military context would also be wrong. The challenge is, of course, to show that the use of pharmaceuticals is simply wrong, regardless of the consequences.

In general, it would seem that the military use of enhancers should be assessed morally on utilitarian grounds, weighing the benefits of the enhancers against the harm done to the soldiers.

 

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Obesity, Disability & Accommodation

It is estimated that almost 30% of humans are overweight or obese and this percentage seems likely to increase. Given this large number of large people, it is not surprising that various moral and legal issues have arisen regarding the accommodation of the obese. It is also not surprising that people arguing in favor of accommodating the obese content that obesity is a disability. The legal issues are, of course, simply matter of law and are settled by lawsuits. Since I am not a lawyer, I will focus on the ethics of the matter and will address two main issues. The first is whether or not obesity is a disability. The second is whether or not obesity is a disability that morally justifies making accommodations.

On the face of it, obesity is disabling. That is, a person who is obese will have reduced capabilities relative to a person who is not obese. An obese person will tend to have much lower endurance than a non-obese person, less speed, less mobility, less flexibility and so on. An obese person will also tend to suffer from more health issues and be at greater risk for various illnesses. Because of this, an obese person might find it difficult or impossible to perform certain job tasks, such as those involving strenuous physical activity or walking moderate distances.

The larger size and weight of obese individuals also presents challenges regarding such things as standard sized chairs, doors, equipment, clothing and vehicles. For example, an obese person might be unable to operate a forklift with the standard seating and safety belt. As another example, an obese person might not be able to fit in one airline seat and instead require two (or more).  As a third example, an obese student might not be able to fit into a standard classroom desk. As such, obesity could make it difficult or impossible for a person to work or make use of certain goods and services.

Obviously enough, obese people are not the only ones who are disabled. There are people with short term disabilities due to illness or injury. I experienced this myself when I had a complete quadriceps tendon tear—my left leg was locked in an immobilizer for weeks, then all but useless for months. With this injury, I was considerably slower, had difficulty with stairs, could not carry heavy loads, and could not drive. There are also people who have long term or permanent disabilities, such as people who are paralyzed, blind, or are missing limbs due to accidents or war. These people can face considerable challenges in performing tasks at work and in life in general. For example, a person who is permanently confined to a wheelchair due to a spinal injury will find navigating stairs or working in the woods or working at muddy construction sites rather challenging.

In general, there seems to be no moral problem with requiring employees, businesses, schools and so on to make reasonable accommodations for people who are disabled. The basic principle that justifies that is the principle of equal treatment: people should be afforded equal access, even when doing so requires some additional accommodation. As such, while having ramps in addition to stairs costs more, it is a reasonable requirement given that some people cannot fully use their legs. Given that the obese are disabled, it seems easy enough to conclude that they should be accommodated just as the blind and paralyzed are accommodated.

Naturally, it could be argued that there is no moral obligation to provide accommodations for anyone. If this is the case, then there would be no obligation to accommodate the obese. However, it would seem to be rather difficult to prove, for example, that disabled veterans returning to school should just have to work their way up the steps in their wheelchairs. For the sake of the discussion to follow I will assume that there is a moral obligation to accommodate the disabled. However, there is still the question of whether or not this should apply to the obese.

One obvious way to argue against accommodations for the obese is to argue that there is a morally relevant difference between those disabled by obesity and those disabled by injury, birth defects, etc. One difference that people often point to is that obesity is a matter of choice and other disabilities are not. That is, a person’s decisions resulted in her being fat and hence she is responsible in a way a person crippled in an accident is not.

It could be pointed out that some people who are disabled by injury where disabled as the result of their decisions. For example, a person might have driven while drunk and ended up paralyzed. But, of course, the person would not be denied access to handicapped parking or the use of automatic doors because his disability was self-inflicted. The same reasoning could be used for the obese: though their disability is self-inflicted, it is still a disability and thus should be accommodated.

The easy and obvious reply to this is that there is still a relevant difference. While a person crippled in a self-inflicted drunken crash caused his own disability, there is little he can do about that disability. He can change his diet and exercise but this will not restore functionality to his legs. That is, he is permanently stuck with the results of that decision. In contrast, an obese person has to maintain her obesity. While some people are genetically predisposed to being obese, how much a person eats and how much they exercise is a matter of choice. Since they could reduce their weight, the rest of us are under no obligation to provide special accommodations for them. This is because they could take reasonable steps to remove the need for such accommodations. To use analogy, imagine someone who insisted that they be provided with a Seeing Eye dog because she wants to wear opaque glasses all the time. These glasses would result in her being disabled since she would be blind. However, since she does not need to wear such glasses and could easily do without them, there is no obligation to provide her with the dog. In contrast, a person who is actually blind cannot just get new eyes and hence it is reasonable for society to accommodate her.

It can be replied that obesity is not a matter of choice. One approach would be to argue for metaphysical determinism—the obese are obese by necessity and could not be otherwise. The easy reply here would be to say that we are, sadly enough, metaphysically determined not to provide accommodations.

A more sensible approach would be to argue that obesity is, in some cases, a medical condition that is beyond the ability of a person to control—that is, the person lacks agency in regards to his eating and exercise. The most likely avenue of support for this claim would come from neuroscience. If it can be shown that people are incapable of controlling their weight, then obesity would be a true disability, on par with having one’s arm blasted off by an IED or being born with a degenerative neural disorder. This would, of course, require abandoning agency (at least in this context).

It could also be argued that a person does have some choice, but that acting on the choice would be so difficult that it is more reasonable for society to accommodate the individual than it is for the individual to struggle to not be obese. To use an analogy, a disabled person might be able to regain enough functionality to operate in a “mostly normal” way, but doing so might require agonizing effort that is beyond what could be expected of a person. In such a case, one would surely not begrudge the person the accommodations. So, it could be argued that since it is easier for society to accommodate the obese than it is for the obese to not be obese, society should do so.

There is, however, a legitimate concern here. If the principle is adopted that society must accommodate the obese because they are disabled and they cannot help their obesity, then others could appeal to that same sort of principle and perhaps over-extend the realm of disabilities that must be accommodated. For example, people who are addicted to drugs could make a similar argument: they are disabled, yet their addiction is not a matter of choice. As another example, people who are irresponsible or lazy can claim they are disabled as well and should be accommodated on the grounds that they cannot be other than they are. But, perhaps the line can be drawn in a principle way so that the obese are disabled, but others are not.

 

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