Category Archives: In the News - Page 2

Protests & Violence

On April 12, 2015 Freddie Gray died in police custody. From the viewpoint of some Americans, this was the continuation of a pattern police causing the deaths of young black men. From the viewpoint of some other Americans, this was just another isolated incident.

The initial protests to this death were peaceful and it was hoped by many that Baltimore would avoid the violence that has marked other protests (including riots in Baltimore’s own past). This hope was shattered in an outbreak of violence and destruction.

One obvious concern is the identity and the nature of those engaged in violence. According to some narratives, the rioters are thugs or even outsiders who are simply taking advantage of the situation to engage in destruction, theft and violence. That is, they are opportunists and not protestors.

The United States has a well-established history of costly and pointless riots that are not protests. These are, of course, sports riots. One outstanding example is the 1992 riot in the aftermath of the Chicago Bulls vs. the Portland Trail Blazers. The damage was estimated at $10 million. There have been many other lesser riots, such as that following the 1999 Michigan State vs. Duke game that resulted in about $250,000 in damage (and whose iconic photo is a shirtless white bro “flashing the horns” atop a burned out car). My adopted state of Florida also sees substantial violence and property damage during Spring Break, although California does seem interested in getting into the spring break riot game.

Given that Americans are willing to riot over sports and spring breaks, it is certainly reasonable to consider that the rioters in Baltimore are not protesting the death but are motivated by other reasons—perhaps as simple as wanting to break and burn things.

There are, of course, some narratives that cast at least some of the rioters as being engaged in protest. That is, their motivation is not just to steal, break and burn but to express their anger about the situation in Baltimore. One way to explore possible motivations for such violence is to consider the situation in Baltimore. That is, to see if there are legitimate grounds for anger and whether or not these factors might provoke people to violence and destruction.

Baltimore is, in many ways, a paradigm of the brutal race and class divisions in the United States. It has the historical distinction of being the first city to pass a citywide segregation law (segregating each residential block by race) and the legacy of this law persists to this day in terms of Baltimore being a highly segregated city. In the center of the city, 60% of the population is black. The suburbs are, not surprisingly, predominantly white. Despite there being laws against forced segregation, the United States is still highly segregated. This does seem to provide some grounds for anger—unless, of course, it is assumed that most people are living were they wish and there are no unfair factors impeding people.

Baltimore also exemplifies the stark class divisions in the United States. 150,000 of the city’s 620,000 are classified as poor (the average income for a family of four being $23,492). The unemployment rate is close to 10%. As the American Revolution showed, people do get angry and violent in response to perceived economic injustice. Given the massive disparity between economic classes in the United States and their support by the structures of law and authority, what is shocking is not that there is a riot now and then but that there are not daily riots. As such, there seem to be sufficient grounds for anger. Naturally, some people claim that this poverty is because the poor are lazy—if they would only work hard for the job creators, they would not be poor. This view seems to fail to consider the reality of poverty in America—but it is a beloved narrative of those who are doing well.

Not surprisingly, Baltimore also has serious issues with crime. Drug addiction is a serious problem and the city was 5th in the number of murders per year in 2014. It is, however, 15th in the number of violent crimes per year. Crime is, of course, a complex matter. Some claim that this sort of crime arises from poverty, oppression and lack of opportunity (as opposed to the ‘crimes’ of the financial classes, such as melting down the world economy). There is, of course, a correlation between crime and these factors. Some claim that people turn to crime because of moral defects rather than these factors. This does have some merit—after all, a look at the financial sector and halls of power show evil behavior that is clearly not caused by poverty (except a poverty of the soul) and lack of opportunity.

Like other US cities, there is also an issue with how the police deal with the citizens. In 2011 the city paid $6.3 million settling police misconduct claims. Between 2011 and 2012 there were 156 such lawsuits. The number has declined to 156 from 2013 to 2014. While it is reasonable to consider that not all of these suits had merit, what happened to Gray does provide reason to suspect that there are grounds for being concerned about policing in the city.

When people think they are being oppressed and subject to brutality, they tend to respond with anger. For example, one can see the rage the fine folks on Fox express when they speak of the War on Christmas and how Christians are being mistreated and persecuted in America. One can only imagine the anger that arises when people really are subject to mistreatment. As such, there seem to be legitimate grounds for anger.

While the anger of those engaged in violence might be justified, there is still the obvious concerns about whether or not such behavior is morally acceptable and whether or not such behavior is effective in achieving goals.

On the face of it, much of the violence and destruction would seem to be difficult to justify morally. The main reason is that most of the destruction seems to involve community infrastructure and the property of people who are not responsible for what has provoked the protests. While the anger against the police is certainly understandable, the attacks on reporters and firefighters are clearly unjustified. The reporters have presumably done nothing meriting being attacked and the firefighters are trying to keep the city from burning down, which is certainly a laudable goal. Crudely put, if the violent (alleged) protestors are striking against injustice, they are (mostly) hitting the wrong targets. To use an obviously analogy, if Bob has wronged Sam and Sam goes and smashes Sally’s windows because he lives near her and cannot get at Bob, then Sam certainly seems to have acted wrongly—no matter how badly Bob wronged him.

It might be countered that the destruction is morally acceptable because the (alleged) protestors are striking out against an unjust social order. The obvious reply is that while this might have some abstract appeal, the real damage is being done mainly to the innocent rather than the guilty. As such, the violence and destruction seem to be immoral.

A second issue, which can connect to the moral issue, is the effectiveness of violence as a means of protest and social change. Obviously enough, violence can be very effective in achieving goals—Americans can point to our own Revolutionary War and the wars won against everyone from the Apache to the Japanese. However, violence is generally only effective when one has enough power to achieve one’s goals. Since the rioters are up against not only the police but also the National Guard, it is rather clear they will not be able to achieve a victory through force of arms.

However, a case can be made that the violence gets attention and that it cannot be ignored. Peaceful protests, one might argue, sound nice but can be easy to ignore. After all, “change things or we will peacefully protest again” seems to have less power than “change things or there will be cop cars burning in the streets and the authorities will have to explain why they are losing control of the city.” Interestingly, many of the pundits who praise the property destruction that occurred during the Boston Tea Party are quick to condemn contemporary protests they do not like. These pundits also praise other violence they approve of, but do not seem to have a consistent principle regarding violence as a means of achieving goals.

Obviously, a strong case can be made against violence, such as that famously made by Dr. King. When there is the possibility of redress and justice through peaceful means, then non-violence seems to have an obvious advantage over violence: people are not hurt or killed and property is not destroyed. However, the fact that a major American city is now patrolled by the National Guard indicates that there are deep and profound problems in civil society. These problems must be addressed or the obvious consequence will be more violence.

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What’s wrong with Piketty?

My first-ever piece in RADICAL PHILOSOPHY, just out: A sympathetic but tough ecologically-based critique of Piketty’s mega-tome, ‘CAPITAL IN THE 21ST CENTURY’:

Protests, Peaceful & Otherwise

In response to the nighttime announcement of the Ferguson verdict in which officer Wilson was not indicted, some people attacked the police and damaged property. Some experts have been critical of the decision to make the announcement at night, since the time of day does actually influence how people behave. In general, making such an announcement at night is a bad idea—unless one intends to increase the chances that people will respond badly.

Obviously enough, peacefully protesting is a basic right and in a democratic state the police should not interfere with that right. However, protests do escalate and violence can occur. In the United States it is all too common for peaceful protests to be marred by violence—most commonly damage to businesses and looting.

When considering reports of damage and looting during protests it is reasonable to consider whether or not the damage and looting is being done by actual protestors or by people who are opportunists using the protest as cover or an excuse. An actual protestor is someone whose primary motivation is a moral one—she is there to express her moral condemnation of something she perceives as wrong. Not all people who go to protests are actual protestors—some are there for other reasons, some of which are not morally commendable. Some people, not surprisingly, know that a protest can provide an excellent opportunity to engage in criminal activity—to commit violence, to damage property and to loot. Protests do, sadly, attract such people and often these are people who are not from the area.

Of course, actual protesters can engage in violence and damage property. Perhaps they can even engage in looting (though that almost certainly crosses a moral line). Anger and rage are powerful things, especially righteous anger. A protestor who is motivated by her moral condemnation of a perceived wrong can give in to her anger and do damage to others or their property. When people damage the businesses in their own community, this sort of behavior seems irrational—probably because it is. After all, setting a local gas station on fire is hardly morally justified by the alleged injustice of the grand jury’s verdict in regards to not indicting Officer Wilson for the shooting of Brown. However, anger tends to impede rationality. I, and I assume most people, have seen people angry enough to break their own property.

While I am not a psychologist, I do suspect that people do such damage when they are angry because they cannot actually reach the target of their anger. Alternatively, they might be damaging property to vent their rage in place of harming people. I have seen people do just that. For example, I saw a person hit a metal door frame (and break his hand) rather than hit the person he was mad at. Anger does summon up a need to express itself and this can easily take the form of property damage.

When a protest becomes destructive (or those using it for cover start destroying things), the police do have a legitimate role to play at protests. While protests are intended to draw attention and often aim to do so by creating a disruption of the normal course of events, a state of protest does not grant protestors a carte blanche right to interfere with the legitimate rights of others. As such, the police have a legitimate right to prevent protestors from violating the rights of others and this can correctly involve the use of force.

That said, the role of rage needs to be considered. When property is destroyed during protests, some people immediately condemn the destruction and wonder why people are destroying their own neighborhoods. In some cases, as noted above, the people doing the damage might not be from the neighborhood at all and might be there to destroy rather than to protest. If such people can be identified, they should be dealt with as the criminals they are. What becomes somewhat more morally problematic are people who are driven to such destruction by moral rage—that is, they have been pushed to a point at which they believe they must use violence and destruction to express their moral condemnation.

When looked at from the cool and calm perspective of distance, such behavior seems irrational and unwarranted.  And, I think, it usually is. However, it is well worth it to think of something that has caused the fire of righteous anger to ignite your soul. Think of that and consider how you might respond if you believed that you have been systematically denied justice. Over. And over. Again.


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Thoughts on the Ferguson Verdict

In August of 2014 police officer Darren Wilson shot the unarmed Michael Brown to death. On November 24, 2014 a grand jury in Missouri failed to indict police officer Darren Wilson. Like most Americans, I have some thoughts about this matter.

In the United States, a grand jury’s function is to determine whether or not there is probable cause to prosecute. This level of proof is much lower than that of a criminal trial—such a trial requires (in theory) proof beyond a reasonable doubt. Unlike in a criminal trial, the grand jury is effectively run by the prosecutor and the defense has no real role in the process. As might be suspected, grand juries almost always indict. Almost always, that is, unless the person under consideration is a police officer who has killed someone. In such cases the officer is almost never indicted. As such, the decision in the Wilson case is exactly what should have been expected.

Now, it might be that the reason that police officers are almost never indicted for killing is that nearly all the killings are justified. In contrast, the reason that non-officers are almost always indicted is that there is almost always legitimate probable cause. This is, obviously enough, not impossible.

Of course, the real concern here is not with the grand juries in general, but with this grand jury in particular. According to the various news reports and experts, Wilson received a “gold plated” grand jury in terms of how it was handled by the prosecutor and the state. To be specific, the grand jury seemed to be run in such a way that Wilson received exceptionally good treatment in regards to the case. This is in contrast with the sort of grand jury treatment other citizens typically get, which have been described as “tin plated.” In these grand juries an indictment is almost a forgone conclusion. This is not to say that Wilson’s grand jury involved corruption or misdeeds. Rather, the point is that there is a stark contrast between the sort of grand jury that a typical citizen will receive and the one that Wilson received.

This distinction in treatment is one reason that people are justifiably angry about the matter. After all, a proper justice system would treat everyone equally—everyone would get the “gold plated” grand jury (or the “tin plated” one) rather than getting the sort of justice deemed fit for the person’s race, class, or profession. This sort of disparity is yet one more example of the injustices of our justice system.

Naturally, I am well aware that the real does not (and probably cannot) match the ideal. However, this sort of appeal to the real is more of an acceptance of the problem than a refutation of criticisms of the problem. Also, I do not expect a perfect system—merely a reasonably fair one.

In addition to the nature of the grand jury, there is also obviously the central issue: was Wilson justified in shooting Brown to death? In this case, the justification is grounded on the principle of defense of life: an officer is justified in using violence to protect his life or that of an innocent person when he has an “objectively reasonable” belief that there is such a threat. In Wilson’s case, the shooting of Brown would be warranted if Wilson had an “objectively reasonable” belief that Brown presented such a threat. Since the justification is based on the reasonable belief in a threat, the warrant for the use of force ends when the threat ends.

According to the information released to the public, there is evidence that Brown had close contact with Wilson, which is consistent with Wilson’s claim that Brown attacked him and tried to take his gun. Brown died a considerable distance from Wilson and this raises the legal and moral question of whether or not Wilson still had an “objectively reasonable” belief that Brown still presented a threat that could only be dealt with by lethal force. The grand jury decided that he did, which settles the legal aspect of the case. However, there is still the matter of the moral aspect—was Wilson actually warranted in killing Brown?

On the one hand, when one considers that Brown was unarmed and too far from Wilson to attack him, then it would be reasonable to consider that Wilson was not justified in killing Brown.  On the other hand, if Brown appeared to be charging towards Wilson, then Wilson could be justified in shooting him. Since Wilson was not shot in the back, it does seem clear that Brown was facing Wilson—but facing someone is not the same thing as being a threat. Unfortunately, there is no video of the incident and the eye-witness reports conflict (and eye-witness reports, even given in all honesty, are not very reliable). Since Brown is dead, we only have Wilson’s side of the story. As such, one cannot be certain whether Wilson was justified or not, assuming a right to kill when one has an “objectively reasonable” belief that one is threatened.

This principle can, of course, be challenged. Some people take the principle to set a very low threshold—an officer just has to feel threatened in order to be warranted to use deadly force. This, as might be imagined, can be seen as a threshold that is too low. Some states do give citizens the same right (against other citizens) as shown in the various infamous stand your ground laws and these have proven rather problematic. Others take the view that the principle itself is reasonable—after all, it essentially expresses John Locke’s principle that force can be used to protect one’s life or the lives of the innocent. But, even if the principle is reasonable, there is also the question of whether or not it is applied correctly. My view is that the use of lethal force requires a comparable threat to justify it, on the principle of a proportional response. That said, one must also consider the practicalities of combat situations—it can be difficult to judge intent and the heat of a fight can easily change a person’s perceptions.

As one final point, even if Wilson was justified in shooting Brown, the perception remains that the police and the justice system treat black Americans very different from white Americans. Not surprisingly, some white people doubt this and do so in all honesty—they are assessing the system from their experiences and assume that everyone else has the same sort of experiences as they do. However, one must look beyond one’s experiences and consider those of others. While no one can completely get the experience and being of another, it would be a good thing for white folks to give some thought to what it is like to be non-white in America.

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Evidence: a love-story

Philosophers! I have a proposition to put to you. Nowadays, we would-be rational members of the public, the intellectually-minded, many citizens, are too in love with the concept of evidence.
Perhaps this surprises you. Maybe you’re thinking: if only! If only enough attention were paid to the massive evidence that dangerous climate change is happening, and that it’s human-triggered. Or: if only the epidemiological evidence marshalled by Wilkinson and Pickett — that more inequality makes society worse in almost every conceivable way — were acted upon.
But actually, even in cases like these, I think that my proposition is still true. Take human-triggered climate-change. Yes, the evidence is strong; but a ‘sceptic’ can always ask for more/better evidence, and thus delay action. There is something stronger than evidence: the concept of precaution.
A sceptic, unconvinced by climate-models, ought to be more cautious than the rest of us about bunging unprecedented amounts of potential-pollutants into the atmosphere! For any uncertainty over the evidence increases our exposure to risk, our fragility.
The climate-sceptics exploit any scientific uncertainty to seek to undermine our confidence in the evidence at our disposal. So far as it goes, this move is correct. But: our exposure to risk is higher, the greater the uncertainty in the science. Uncertainty undermines evidence, but it doesn’t undermine the need for precaution: it underscores it! For remember how high the stakes are.
Think back to the great precedent for the climate issue: the issue of smoking and cancer. For decades, tobacco companies prevaricated against action being taken to stop the epidemic of lung cancer. How? They demanded incontrovertible evidence that smoking caused cancer, and they claimed that until we had such evidence there was nothing to be said against smoking, health-wise. They deliberately evaded the employment of the precautionary principle: which would have warned that, in the absence of such evidence, it was still unsafe to pump your lungs full of smoke and associated chemicals, day in day out, in a manner without natural precedent.
We ought to have relied more on precaution and less on evidence in relation to the smoking-cancer connection. The same goes for climate. (Only: the stakes are much higher, and so the case for precaution is much stronger still.)
And for inequality: Wilkinson and Pickett are merely confirming what we all already ought to have known anyway: that it’s reckless to raise inequality to unprecedented levels, and so to fragilise society itself (for how can one have a society at all, when levels of trust and of commingling are ever-decreasing?).
The same goes for advertising targeted at children: It’s outrageous to demand evidence that dumping potential-toxins into the mental environment actually is dangerous; we just need to exercise precautious care with regard to our children’s fragile, malleable minds.
And for geo-engineering: There’s no evidence at all that geoengineering does any harm, because (thankfully!) it hasn’t been carried out yet: in this case we must be precautious, or risk nemesis, for by the time any evidence was in, it would be too late.
The same goes for GM crops: There is little evidence of harm, to date, from GM, but evidence is the wrong place to look ( ): one ought to focus on the generation of new uncertainties and of untold exposures to grave risk that is inevitably consequent upon taking genes from fish and putting them into tomatoes, or on creating ‘terminator’ genes, etc. . The absence of evidence that GM is harmful must not be confused with evidence of absence of potential harm from GM. We lack the latter, and thus we are direly exposed to the risk of what my philosophical colleague Nassim Taleb (see for our joint work in this area) calls a ‘black swan’ event. A massive known or even unknown unknown.
Our love-affair with science, that I’ve criticised previously on this blog (see e.g. ), is at the root of this. Science-worship, scientism, is responsible for the extreme privileging of evidence over other things that are often even more important. So: let’s end our irrational, dogmatic love-affair with evidence. Yes, being ‘evidence-based’ is usually (though not always!) better than nothing. But there’s usually, when the stakes are highest, something better still: being precautious. (And what’s more: being precautious makes it easier to win, and quicker.)
To end with, here are a couple of my favourite quotes from Wittgenstein, on topic:
1) Science: enrichment and impoverishment. The one method elbows all others aside. Compared with this they all seem paltry, preliminary stages at best. [Wittgenstein, Culture and Value p.69]
2) “Our craving for generality has [as one key] source … our preoccupation with the method of science. I mean the method of reducing the explanation of natural phenomena to the smallest possible number of primitive natural laws; and, in mathematics, of unifying the treatment of different topics by using a generalization. Philosophers constantly see the method of science before their eyes, and are irresistibly tempted to ask and answer in the way science does. This tendency is the real source of metaphysics, and leads the philosopher into complete darkness. I want to say here that it can never be our job to reduce anything to anything, or to explain anything. Philosophy really is “purely descriptive.”” – Wittgenstein, Blue and Brown Books p.23.
I’ll be elaborating on these quotes, and on the case made here, in opening and closing plenaries at a Conference in Oxford this Saturday, in case anyone happens to be in the area…
Meanwhile, thanks for your attention…

Tech, Wages & Profits

Factory Automation with industrial robots for ...

(Photo credit: Wikipedia)

Despite the Great Recession, the profits for corporations have doubled since 2000. In contrast, the median household income in the United States has fallen from $55,986 to $51,017 (dollars adjusted for inflation, of course). Not surprisingly, corporate profits have gone from 5% to 11% of the GDP while wages of employee have dropped from 47% to 43%. While these numbers can be interpreted in various ways, one obvious implication is that corporations are making more money with fewer employees. It is also evident that corporations are doing better than most people (although some would say that corporations are people).

One plausible explanation for this is automation that increases productivity without increasing employment and employee income—a claim put forth by the authors of The Second Machine Age. Historically automation and other technological advances have increased productivity and eliminated jobs—but these have also consistently resulted in higher incomes in general (often by creating new and better jobs). That is, as some folks like to say, the rising tide of advancement lifted all boats. What is different about the current situation is that the rising tide of advancement has lifted the corporate yachts while causing the rowboats of the common folks to flounder (and some to sink).

If Erik Brynjolfsson and Andrew McAfee are right, recent advances are destroying jobs at a rate that exceeds the creation of jobs. This does have a certain plausibility since it is well-established that technological advances do eliminate jobs. The obvious example is how factory automation has reduced the number of factory workers. It certainly would not be shocking or amazing if the elimination of jobs exceeded the creation of jobs—even if the past has been different. One reason for this could be a matter of the nature of the advances. Another reason could be a matter of choice: employers elect to stick with the lower number of employees rather than creating more jobs and employing those whose jobs have been eliminated.

It also seems worth considering the impact of the “internet economy” on these numbers. To be specific, this economy features highly (over) valued companies that have relatively few employees. Consider, for example, companies like Facebook. Facebook was valued at $192 billion in July. 2014. IBM was valued at $198 billion. Facebook has about 7,000 employees while IBM has over 400,000. By way of comparison, Walmart has 2.2 million employees (making it the largest private sector employer in the United States). Behind Walmart are the fast food empires of Yum! Brands (523,000 employees) and McDonalds (440,000).

Having such highly (over) valued companies with relatively low numbers of employees would result in a high concentration of profits and wealth. Adding in the fact that the largest employers are in low paying industries (retail and fast food), it would certainly seem to help explain why corporations are doing much better relative to 2000, while most people are doing worse in terms of income.

If there is merit to this explanation, then there are some obvious concerns regarding the sort of economy in which the biggest employers are in low-paying sectors and big profits are made by companies that employee few people (and seem to profit from being excessively overvalued). Some are already suggesting there is a new class system emerging based on this new economy while others point to past bubbles and are waiting for companies like Facebook and Twitter to pop like digital balloons.

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Defining Rape II: Consent

George Will

George Will (Photo credit: Keith Allison)

In my previous essay, I presented some groundwork and stage setting for the discussion to follow. In this essay I will take a look at the matter of consent.

Intuitively, what makes some activities wrong (and often criminal) is the lack of consent on the part of the victim. Theft, for example, is taking property without the rightful owner’s consent. Kidnapping, as another example, is taking or transporting a person without consent. These misdeeds are similar to rape in regards to the lack of consent. In the case of rape, the activity is sexual in nature (to be deliberately vague) and occurs without the consent of the victim. While these simple definitions have appeal, the matter of sorting out what counts as consent and what constitutes acting without consent is rather more complex. To focus the discussion I will use a recent and controversial example.

Conservative intellectual George Will triggered a bit of a firestorm among liberal columnists and bloggers with his June 6 column about the alleged epidemic of campus rape. The claim that triggered the most outrage was his assertion that “when they make victimhood a coveted status that confers privileges, victims proliferate.”

Some of those attacking Will interpreted him as asserting that women want to be actual victims—that is, that women want to be raped. While some awful people do believe just that, this reading might not be Will’s actual position. Another interpretation, which seems supported by the rest of his column, is that some women will embrace a very broad definition of “rape” and interpret their experiences to match that definition. The motivation, at least as it seems to Will, is to gain a “coveted status” that “confers privileges.” My concern here is not with whether or not Will is correct in this matter. Rather, I want to examine what he takes as an example of how one becomes a member of this “privileged” class of rape victims.

Will uses an example taken from a report about Swarthmore College. In 2013, a woman was in her room with a man “with whom she’d been hooking up for three months”:

“They’d now decided — mutually, she thought — just to be friends. When he ended up falling asleep on her bed, she changed into pajamas and climbed in next to him. Soon, he was putting his arm around her and taking off her clothes. ‘I basically said, “No, I don’t want to have sex with you.” And then he said, “OK, that’s fine” and stopped. . . . And then he started again a few minutes later, taking off my panties, taking off his boxers. I just kind of laid there and didn’t do anything — I had already said no. I was just tired and wanted to go to bed. I let him finish. I pulled my panties back on and went to sleep.’”

As Will notes, six weeks later the woman reported that she had been raped. Will seems to hold that the woman was not actually raped and that she decided to join the “privileged” class of victims by redefining her experience as rape. Others might claim that she had been “brainwashed” by feminist ideology or political correctness to regard her experience as rape. Setting aside the matter of motivation, there is an important question of whether the incident was or was not rape. Those embracing what some would regard as the ideology of leftist feminism would presumably regard it as rape. As Will shows, those embracing a specific form of conservative ideology presumably consider it to not be rape. Obviously, the adherents of the ideologies will regard their view as self-evident and the view of the other as not only in error but driven by vile and wicked motivations. Since I am not a prisoner of either ideology, I can examine the matter more objectively, looking for merits and flaws in the various accounts.

On the face of it, it is easy enough to contend that the incident is a case of rape. While the man did not threaten the woman or use force to have sex with her, he did engage in a sexual act after she had basically said that she did not want to have sex with him. Sex without consent is rape and thus she was raped.

To use an analogy, suppose for a few months I had allowed a friend to take money from my wallet, but then we decided (or so I think) that this money taking will no longer be part of our relationship. She reaches for my wallet and I basically say “No, I don’t want to give you money.” She stops, but then returns to my wallet and takes my money. She has, obviously enough, committed an act of theft: she has taken my property without my consent.

While this view has considerable merit, it is also worth considering an alternative. One obvious complication of the matter is that consent is a matter of communication and communication can be problematic. This creates the practical (and moral) problem of sorting out when consent has been given, when it has not been given, and when a person should know the difference.

In the specific case under discussion, the two parties had been having consensual sex (“hooking up”) for three months. On the face of it, once a relationship is established then it is not unreasonable to accept an assumption of consent. To use an analogy, I keep beer and snacks on hand for my Sunday Pathfinder game. My longstanding friends do not need to explicitly ask permission to get the beer or snacks, since there is a reasonable assumption that they have standing permission to do so. I would, in fact, have an obligation to tell them if certain beer or snacks were off limit—which would then obligate them to not take the specified beer or snacks.

In the case at hand, let it be assumed that the woman changed the relationship from “hooking up” to friends without benefits. This would legitimately remove the assumption of consent (unless otherwise informed). As such, the man could no longer assume that she was consenting unless he was told otherwise.

The woman also notes that she “basically” told him she didn’t want to have sex with him—which would clearly show a lack of consent. The man should have left it at that and not tried again.

However, a devil’s advocate might make certain claims. The first is that the brains of young people are different from adult brains, especially in areas of judgment and impulse control. The second is that the desire for sex is extremely strong and even the prospect of sex impedes rational judgment. The third is that people in general and young people in particular are bad at communication. The fourth is that communication is not merely a matter words—that consent or lack thereof can also be conveyed by actions. Such a devil’s advocate might allege, in his devilish way, that the young man, driven by basic biological desires and impeded judgment, decided to make another attempt at sex and wrongly interpreted, perhaps due to his immature brain and lack of communication skills, her lack of action as consent. That is, he honestly believed that he had consent and had not raped her. She might have also shared this belief for six weeks.

The obvious reply is that none of the devil’s advocate’s claims matter: what matters is that the woman said that she did not want to have sex and then the man had sex “with” her. Thus, it was sex without consent and hence the man is guilty of rape. While this view does have great appeal, it might be worth considering the following analogy.

Suppose I have a nice truck and that my friend Sally really likes driving around in nice trucks. She also prefers to not drive alone. After we have been friends a while, I agree to let her drive my truck and also agree to go with her on her drives. This goes on for three months and I find that I have gotten tired of this aspect of the relationship and tell her so. As far as I can tell, she agrees.

Then I invite her to come over and sit in my truck. After a while, she reaches for the keys in my pocket and I say “no, I am not letting you drive and I am not riding with you.” Rebuffed, she pulls her hand back. But, a few minutes later she is digging around in my pocket for the key. I do nothing. She takes the key and puts it in the ignition. I say and do nothing. She starts the truck and takes me along for the ride.  I am tired, so I just sit back and let her drive. When she gets back, I take the key out of the ignition. Six weeks later I call the police and accuse her of kidnapping me and stealing my truck.

This situation does seem parallel to the original situation. After all, theft is taking property without consent and kidnaping is transporting a person without consent. If the woman did not consent in the original situation, then I did not consent in the analogical situation. If the man was a rapist, then Sally was a thief and a kidnapper. However, I suspect that people would react to my claim that Sally kidnapped me and stole my truck by saying that I should have at the very least said something when she reached for the keys a second time—by letting her simply take them and drive away with me without even another word would seem to show that I consented to the trip. After all, her reaching for the key and so on could be seen as requests for consent—I could have easily replied by saying “no.” Of course, it could be countered that this view is wrong: Sally is now a kidnapper and truck thief because of my original statement which withheld consent.  After all, it might be argued, saying “no” once suffices—and until an explicit, verbal “yes” is given the original “no” is in place.

Naturally, some might want to reject the truck analogy while holding that the original case was one of rape. One obvious avenue of reply is to argue that sexual assault is a special matter and thus it is not analogous to the truck scenario. As such, the man is a rapist but Sally is not a kidnapper and thief.  I might even be accused of trivializing rape by presenting such an analogy. In regards to the first reply, the challenge is to spell out what breaks the analogy—what is the difference that renders the comparison untenable? In regards to the second, it is a mere ad homimen.

The example considered in this essay did not explicitly involve drinking—however, many sexual assaults on campus do. In the next essay the moral impact of intoxication will be considered.


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Scientism, Quietism and Continental Philosophy

Peter Unger was recently interviewed about his new book that critiques Analytic Philosophy, and in the interview he says a lot of things that plenty of Continental Philosophers would not disagree with. But his response is not to turn to Continental philosophy – not at all. Even Bertrand Russell is, in essence, too “Continental” in tone for Unger. He quotes Russell contemplating the value of philosophy as not something that seeks answers, because the questions of philosophy cannot be determinately answered, but rather as expanding the intellectual imagination, and then dismisses this as “nonsense.”

Unger’s reasoning seems to be that a test could be done to check how creative or dogmatic a person is, which presumably means that we could check whether studying philosophy does or does not enrich our intellectual imagination. This misses the point on two levels – we don’t do such tests so his argument is moot to start with, but more important, the idea is that those who grasp the value of philosophy will be affected by definition; those who don’t are misunderstanding its purpose.

We owe the word to Socrates, who distinguished between sophists, those who merely argue for the sake of it, and philosophers, lovers of wisdom. Socrates famously tells the story of his realization that the Oracle at Delphi may not have been wrong in proclaiming him the wisest man in Athens when he defines what it really means to be wise. He knows that he knows nothing while the other men think they have answers. To believe oneself to have things more figured out than everyone else – as Unger, it’s worth noting, repeatedly does – is a form of egotism disappointing to see in a mind meant to be devoted to the nature of being. One man’s capacities may exceed another’s when we are comparing everyday activities but when the ability at issue is the comprehension of the infinite, the significance is surely reduced. All our lives are short in comparison to the age of the universe.

Unger does mention the Ancients – he says “He [Kit Fine] has no more idea of what he’s doing than Aristotle did, and in Aristotle’s day there was an excuse: nobody knew anything”. This attitude shows his commitment to the scientistic point of view. He states at the outset of the interview that the goal of philosophy is to “write up deep stories which are true, or pretty nearly true, about how it is with the world. By that I especially mean the world of things that includes themselves, and everything that’s spatio-temporally related to them, or anything that has a causal effect on anything else, and so on.” Of course, a phrase like “and so on” may mislead, but it certainly does not sound as if Unger has any interest in questions of meaning or human experience. His dismissal of Ancient investigations as hopeless is particularly telling, though. What does it mean to claim that they “knew nothing”? In some ways, they were more aware of much that we’ve since forgotten – the rotation of the seasons, the placement of the stars, the behavior of animals or the preparation of foods that were common knowledge are now specialized or in some cases, just unavailable (e.g., consider light pollution in regards to the night sky). Being industrialized has increased technology but technology is not equivalent to knowledge – it’s just one form of knowledge.

Analytic philosophers who discover (after already becoming philosophers) that philosophy is not a form of science often propose that the answer is to give up philosophy altogether – turn out the lights and go home. Doing this as a book in the genre tends to seem a bit hypocritical, but then, the Analytic thinkers who do give it up will only have the chance to make the argument at cocktail parties. More worth addressing is the fact that Unger avoids mentioning the Continental approach at all. He suggests that philosophy may be “literature” for some, but what this means is unclear (beyond its implying a general worthlessness). From outside the Analytic tradition, philosophy is not the same as literature, but it’s the not the same as science either. It has its own category, as the exploration and contextualization of our place in the world.

As Emerson said, each age must write its own books. The wisdom of the past cannot be genetically infused into the next generation. Information is handed down, but true understanding has to be struggled through again and again, and grasped within each particular culture or time.

One last thought: The writer of the interview might think I’m recommending meditation and enlightenment, per the bookstore mentioned at the end of her piece. While I’m not, I think it’s worth bringing up that there are plenty of books in Western philosophy stores that are just as silly as those self-help texts look (was there one about Plato and a Platypus recently?), and Eastern texts that are worthwhile. Unger defines it as all the same in value (“nothing much”) while different in type (“this” vs “that”) whereas I would say it is the difference in value which is paramount; the types may blend together and overlap given that the subject is so great.

Maleficent & Rape: Rape Culture

Maleficent's dragon form as it appears in the ...

Maleficent’s dragon form as it appears in the climax of the film. (Photo credit: Wikipedia)

In my previous essay I focused on the matter of metaphors in the context of Hayley Krischer’s claim that the movie Maleficent includes a rape scene. In this essay I will take on a rather more controversial matter, namely the question of why it might matter as to whether the movie contains the alleged rape scene or not. This might result in some hostile responses.

It might be wondered what taking the scene as a metaphor (or implied) rape adds to the work. One might say “Maleficent is betrayed and mutilated—what does adding the idea that this is a rape metaphor add? Does not the betrayal and mutilation suffice to serve the purpose of the narrative or does it need to be believed that this is a metaphorical rape?”

One way to answer the question would be to focus on aesthetic matters: does accepting the rape metaphor enhance the aesthetic value of the work? That is, is it a better film on that interpretation? If the answer is “yes”, then that provides an aesthetic reason to accept that interpretation. However, if this does not improve the aesthetic value of the film, then it would not provide a compelling reason for that interpretation over the alternative.

Another way to answer the question is to look at it in terms of academic value. That is, taking it as a metaphor for rape provides an insight into an important truth—the most likely truth being the existence of a pervasive rape culture.

However, there are risks in embracing a view on academic grounds. One common risk is that theorists often accept a beloved theory as an intellectual version of the ring of power: the one theory to explain it all. It could be objected that taking what happens in Maleficent to be rape (rather than something horrible but not-rape) it expands the definition of “rape” to encompass ever more and thus validates the rape-culture theory by redefinition.

However, there appears to be an abundance of evil that does not seem to be driven by the motive to rape—unless all evil is the result of some sort of Freudian sublimation. This is, of course, not impossible and might even be true. But, being too enamored of a theory can easily blind one—wearing the goggles of matriarchy can blind one as effectively as the goggles of the patriarchy (which allow people to use phrases like “legitimate rape” and really mean it).

Another way to look at the matter is in terms of ideological value. In this case, taking what happens as a metaphor for rape provides support for an ideology—most likely that regarding an ideology that includes a belief in a pervasive rape culture. By expanding the definition of “rape”, rape expands within the culture—thus making the case that there is a pervasive rape culture. However, there is the legitimate concern as to whether or not such expanded definitions are accurate.

People seek evidence for their ideology (or deny evidence against it) and can do so in ways that are not consistent with critical thinking—a subject I examined in some detail in another essay. The risk, as always, is that people accept something as true because they believe it is true, rather than believing it because it has been shown to be true.

It might be contended that taking an academic or ideological interpretation of Maleficent is harmless and that debating its accuracy is pointless. However, I contend that overuse of the notion of rape culture is problematic. To show this, I will turn to the murders allegedly committed by Elliot Rodger.

In response to Rodger’s alleged murder of three men and two women, Salon editor Joan Walsh asserted that “the widespread recognition that Elliot Rodger’s killing spree was the tragic result of misogyny and male entitlement has been a little bit surprising, and encouraging.” Even self-proclaimed nerds have bought into this notion, apparently not realizing the significance of the fact that three of the victims were men—rather odd targets for someone driven by misogyny and male entitlement.

While in many cases the motives of alleged killers are not known, Rodger wrote a lengthy manifesto that allows an in-depth look at his professed motives.

Fellow philosopher Jean Kazez has analyzed the text of Eliot Rodger’s manifesto and presents the view that while Rodger eventually adopted misogynistic views, these were late in the development of his hatred. Her view is supported by text taken from his manifesto and it seems clear that his views that are characterized as misogynistic are the terrible fruit of his previous hatreds.

Kazez notes that “But if you read this manifesto, what seems much more overwhelming is the overall pattern of hate, envy, loneliness, resentment, sadness, hopelessness, craving for status, humiliation, despair, etc.  So it is baffling to me that we’ve settled on misogyny as key to understanding why this happened.”

While I share her bafflement, I can suggest three possible explanations. The first, and easiest, is that the modern news media generally prefers a simple narrative and it tends to get easily caught up in social media trends. The idea that Rodger (allegedly) killed because he is a misogynist is a simple narrative and one that started to trend on social media like Twitter.

The second is that there is an academic commitment in some circles to the rape-culture theory that includes as essential components views about misogyny and male entitlement. Given a pre-existent commitment to this theory and the conformation bias that all people are subject to, it is no surprise that there would be a focus on this one small part of his manifesto.

The third is that there is also a commitment in some circles to the rape-culture ideology (which is distinct from the academic theory). As with the theory, people who accept this ideology are subject to the confirmation bias. In addition, there are the usual perils of ideology and belief. As such, it is certainly to be expected that there would be considerable focus on those small parts of his manifesto.

Serving to reinforce the theory and the ideology is the fact that a critical assessment of either can be met with considerable hostility. Some might also suspect that certain men publicly support the ideology or theory due to a desire to appear to be appropriately sensitive men.

As a final point, it might be wondered why being critical of such theory and ideology matters. The easy and obvious answer is that the danger of excessively focusing on the rape culture idea is that doing so can easily lead to ignoring all the other causal factors that contribute to evil actions. To use the obvious analogy, if it is assumed that a factor is a cause of a broad range of diseases when it is not, then trying to prevent those diseases by focusing on that factor will fail. In regards to the specific matter, addressing the rape-culture will not fix the ills that it does not cause. This is not to say that rape culture is not worth addressing—there are horrific and vile aspects to our culture that directly contribute to rape and these should be addressed with an intent to eliminate.

There is, of course, also the matter of truth: getting things right matters. As such, I freely admit I could be wrong about all this and I welcome, as always, criticism.


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Amazon vs. Hachette

Cover of "Kindle Wireless Reading Device,...

Cover via Amazon

As this is being written, Amazon is involved in a dispute with the publisher Hachette. While the dispute has gotten considerable media attention, my main concern is not with the specific battle but with the general matter of the changing nature of publishing and selling books.

I, as shown by my Amazon author page, have published many books through Amazon’s Kindle and Create Space. While Amazon has been subject to some criticism, my experiences as an author have been positive. As I see it, Amazon (and similar open publishers such as Paizo and DriveThruRPG) has some important positive features. The first is that such publishers are open to everyone—this allows independent authors to bypass the elite circles of the self-proclaimed curators of culture and make their work available to the public at no cost to themselves. This sort of open publishing is revolutionary. Second, these publishers general pay very good royalties. For example, authors selling through Amazon can get as much as 70% of the cover price. However, arguments have been advanced in favor of the traditional publishers and these are worth considering.

One stock argument in favor of traditional publishing is the quality argument. This argument does have some appeal.  Since Amazon and other such publishers do not put books through the sort of editorial process followed by the traditional publishers, the books published by independent authors will tend to be inferior. Thus, traditional publishers are needed to protect the quality of books.

There are two obvious replies to this. The first is that the traditional publishers publish significant numbers of books that are not good (such as 50 Shades of Gray and the Twilight series). The second is that independent authors do produce some excellent work. As such, the traditional publishers cannot claim a decisive advantage here. They do, after all, churn out a lot of crap.

Another stock argument in favor or traditional publishing is that it provides extra value to the author. This extra value includes such things as editorial review, layout & design, promotion and other such services. Of course, an independent author can pay for these things herself—after deciding whether or not they are worth the cost.

One thing that is not always mentioned but is of critical importance is that the top traditional publishers enjoy strong connections to the other curators of culture—those that review books, those that interview authors and so on. It is no accident that the authors who are part of the stable of an elite publisher get the media attention that is rather important to having a successful book. It is also no accident that I will never be interviewed on NPR by Diane Rehm or by Stephen Colbert on his show. After all, I am just an independent author with no connection to the curators of culture. This is not to say that an author cannot break through on her own—I have enjoyed surprisingly good sales and some independent authors enjoy amazing success. But, the support of the cultural elites provides a great advantage.

As a final point, I will consider one of the specific points of the Amazon-Hachette dispute. Amazon, obviously enough, wants to sell books at low prices. Hachette, and other publishers, also want to make money. So, the heart of the contention is over the money—if Amazon charges less for Hachette books, Hachette makes less money. If Hachette gets a larger percentage of the sale price, then Amazon gets less. One argument advanced in favor of the publisher getting more is that the publishers can then pay authors more and this is essential in order to keep the top writers writing. This is, of course, based on the assumption that authors are motivated primarily by money.

One obvious reply is that most authors do not make much money, yet they keep on writing. In some cases, the authors are not making much money because (to be honest) the books are not very good. In other cases, the authors are writing for a small audience: academics, gamers and other niches. Since these folks write for little (or no profit) it is clear that authors will write for little (or no profit).

Another obvious reply is that (as noted above) publishers like Amazon offer very generous royalties—so an author could do very well indeed selling through Amazon rather than working with a traditional publisher.

The obvious counter is that while “amateur” authors like myself will keep cranking out books regardless of the profits, the “elite” authors will cease to do so if they are denied large advances and fat paychecks. This would, one might argue, be a great loss to culture. As such, the traditional publishers serve a vital role and need to claim a significant portion of the sales price on books sold through Amazon and other merchants.

One obvious reply is that these authors would still presumably make rather good money even if their publishers made less. Another reply is that these authors could jump ship for Amazon and perhaps make even more money. A third response is that if the “elite” authors quit, there would still be a vast army of independent writers and from their numbers would emerge, as has always happened, a new “elite.”

In closing, I have worked with traditional publishers and with the new model, that of Amazon and other companies. While traditional publishers certainly still have a place, the landscape has been shifting and the traditional publisher might soon go the way of the manual typewriter.


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