Category Archives: In the News - Page 2

Video Games, Movies & Violence

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Each time a mass shooting occurs in the United States, there is an effort to determine the causes (or lay the blame). This process generally follows a predictable script. Those who hate guns, blame the guns. Those who love guns say “guns don’t kill people, people kill people.” Those of the cult of pop psychology appear on the news shows to discuss whatever “theory” they are currently selling in their self-help books. Those who study the workings of the mind present their latest theories. And, of course, there is the ritual blaming of violent video games and violent movies. This time around, the National Rifle Association explicitly blamed Hollywood while proposing that the United States should post an armed guard in each school.

While I have written often about video games, movies and violence I clearly have my own small part in the scripted play and here I am writing about them again.

The archetype argument for the claim that the arts (in this case video games and movies) can cause people to behave badly is based on Plato’s argument in the Republic. In that work, Plato contends that the arts can corrupt the soul and cause people to give in to feelings such as lust, anger and humor in ways that they should not. In the case of mass shootings, the basic idea remains the same: exposure to violent content in video games and movies can cause people to engage in real violence, such as engaging in a mass shooting at a movie theater or school.

The idea that violent video games and movies can affect people is not implausible. In fact, I have my two standard arguments in support of the claim that violent media can play a causal role in actual violent behavior.

First, repeated exposure to game or movie violence can condition a person to accept violence as normal. This is because people generally base their conception of normal based partially on what they generally experience. So, if fictional violence becomes a normal part of a person’s life, it makes sense that she might become desensitized to violence (or accustomed to it) and thus less more likely to give in to violent impulses.

Censoring such violence would reduce the exposure of people (or certain people) to virtual violence and thus they would presumably be less likely to be violent.

My second standard argument is based on the idea that the violence of movies and games is a curriculum of virtual violence that often teaches that violence is an effective and acceptable solution to problems. Popular video games such as Halo 4 and World of Warcraft are focused on violence, albeit in the context of science fiction and fantasy. There are also popular first person shooters, such as the Call of Duty series, that involve engaging in violence against other virtual humans. There is also the infamous Grand Theft Auto series of games in which one plays a bad person doing bad things. In the case of movies, even movies such as the Avengers and the Hobbit include considerable violence. Given the lessons taught by these movies and games, it makes some sense to think that people exposed to them might be more inclined to consider violence an option, perhaps in emulation of the games or movies. As such, perhaps some blame can be placed on video games and movies.

While a reasonable case can be made in favor of being suspicious of violent video games and movies, there is the rather important matter of sorting out the extent of the influence. That is, working out the causality of the matter.

Obviously enough, exposure to violent movies or games is not a necessary condition for a person engaging in violent behavior. A necessary causal condition is a condition that is required for the effect to occur. Put another way, without the necessary condition, what it is necessary for cannot be the case. For example, the presence of oxygen is a necessary causal condition for human life.

While humans have been engaging in violence since there have been humans, movies and video games are rather recent inventions. As such, exposure to them cannot be a necessary cause of violence. After all, there would have been no violence until they were invented if this were the case.

Naturally, it could be claimed that any violent art (such as a story about war) or violent games (like chess) can cause people to be violent and these are rather old. However, the obvious counter is that humans were probably killers before they were artists and gamers.

Equally obvious is the fact that exposure to violent movies or video games is not a sufficient cause of violence. A sufficient causal condition is such that it will bring about its effect by itself. For example, decapitating a human is sufficient to cause death.

Millions of people (including me and many of my friends) have played violent video games without ever having engaged in acts of significant violence, such as murder or mass murder. Also, billions of people have probably seen violent movies without engaging in such violence. As such, exposure to violent movies or video games is clearly not a sufficient condition.

As might be imagined, sensible people do not claim that such exposure is a necessary or sufficient cause of violence. However, there are other types of causal connections.

One plausible type of causal connection is that exposure to such video games or movies is a contributory cause. That is, such exposure is one more straw on the camel’s back and the weight of various causes can result in that final break. On this view, merely seeing such virtual violence would not cause someone to engage in violence. However, it does contribute to the person’s tendency towards violence and hence is a causal factor.  As might be imagined, determining the contribution of a contributory cause can be challenging—especially if the contribution is fairly weak.

Sorting out such weak casual factors typically requires relatively large causal scale studies (or experiments). In such cases, the goal is to determine the effect of the alleged cause on the population in question. When talking about causation in a population, the bar is set fairly low (but sensibly so). To claim that cause C causes effect E in population P is to say that there would be more cases of effect E in population P if every member of P were exposed to C than if none were so exposed. This does make sense. After all, if C does bring about a difference, even a tiny one, it would be a causal factor.

On the face of it, it is not implausible to claim that exposing everyone on the planet to violent video games or violent movies would result in some (more than zero) increase in violence. However, this is no doubt true of many other things—even seemingly innocuous things like refined sugar or Justin Bieber’s music.

Even if it is assumed that such exposure can have a causal role in actual violence, there is the rather obvious concern about the extent of the casual role and to what extent (if any) this warrants controlling people’s exposure to these violent movies and video games.

As noted above, people who were never exposed to violent video games or movies have engaged in violence over the centuries. Also, the overwhelming majority of people who have been exposed to violent video games or movies have not engaged in unusual acts of violence. As such, the causal connection (if there is one) seems to be extremely weak.

Given such exposure could play a causal role it might be tempting to support the censorship of such violent works. After all, reducing the chance of violence might be regarded as worth the infringement of the freedom of expression. As might be imagined, when people are still emotionally reeling from a terrible event there is often a desire to do anything that might lower the chances of such a thing happening again. Of course, making a rational decision requires considering the matter properly and this involves considering the potential harms and costs of such an approach, however well intentioned.

Obviously enough, human societies typically operate in a way that involves tolerating things that cause harms based on the perceived benefits of those things. For example, although tens of thousands of people die each year in events involving automobiles, we tolerate automobiles because of their benefits. As another example, we allow drugs with awful side effects to be legally sold presumably because of their benefits. We also tolerate war because of the alleged benefits. We do, of course, ban some things because of the harms they do (or could do). For example, people cannot legally sell contaminated food. As another example, I cannot legally own biochemical weapons.

Sorting through the various things that are banned or illegal, it would seem that we are generally willing to tolerate a considerable amount of harm provided that there are some benefits (typically profits). Consistency would, of course, require us to apply the same principle to violent movies and violent video games.

As such, one way to look at the matter is to imagine that violent movies and video games were pharmaceuticals, foods or automobiles and apply the same basic standards used to assess whether such things should be banned.

As noted above, millions of people are exposed to violent video games or movies. These people typically enjoy them and most of them certainly seem to be unharmed. In fact, people seem to be in far more danger from the junk food they typically eat and drink at the movies or while playing video games. They are, obviously, vastly less dangerous than automobiles in terms of the body count generated—even if we assume that such exposure does cause people to behave violently. Video games and movies are also big money makers.

Violent video games and movies also seem to have far fewer negative side effects than many legal medications—even those sold without prescriptions. Also, there are reasonable grounds to believe that people can, as Aristotle argued, experience an emotional catharsis by being exposed to the arts. As such, while some people might experience negative side effects from such exposure, other people might be “medicating” themselves by exhausting their violent impulses in art rather than reality.

As such, if censoring video games and movies would be warranted because of the alleged harms, then consistency would require that we also ban many other things that are clearly far more dangerous. After all, if the goal is to prevent harm and death, it hardly matters whether those who die do so because of a bullet, a car, a pill, or a Big Gulp.

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God & Sandy Hook

Former Arkansas Governor, Mike Huckabee, speak...

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The murders at Sandy Hook Elementary school brought the problem of evil once again into the media spotlight. While the specifics of the matter change with each horrible incident, the basic question remains the same: why does God allow evil to occur? I have considered this matter in various other essays, but here I will take a look at what two prominent members of America’s religious right have said about the matter.

Former governor and one time presidential contender Michael Huckabee said “We ask why there’s violence in our schools but we’ve systematically removed God from our schools. Should we be so surprised that schools would become a place of carnage because we’ve made it a place where we don’t want to talk about eternity, life, what responsibility means, accountability.”

While Huckabee’s remark has been taken as claiming that God allowed the massacre because American public schools do not religious activities (such as prayer) and religious education (as opposed to teaching about religion), it can also be taken as expressing a slightly different view. Rather than claiming that God is being spiteful and allowing children to be slaughtered because He is experiencing a divine anger, Huckabee could be taken as asserting that the killings at schools occur because people do not have the proper religious education in public schools. Presumably Huckabee believes that if people received the correct religious education in public schools, then such killings would be less likely to occur.

The idea that the correct moral education will result in better behavior is an old one and was developed extensive in Aristotle’s Nicomachean Ethics—although I am sure that Huckabee and Aristotle would disagree about the specifics of the education since Aristotle was not a Christian. As such, if Huckabee is simply claiming that the killings at schools are caused by a failure of moral education, then his claim has some degree of plausibility. Of course, whether or not bringing Christianity back into public schools would reduce the chances of violence in America is another matter. One interesting point worth considering is that as people like Huckabee claim that society has grown worse as it has allegedly “removed God”, Steven Pinker argued in his book The Better Angels of Our Nature that violence has been on the decline. While correlation is not proof of causation, this is a matter worth thinking about especially since Thomas Hobbes noted that one major cause of violence is disputes over religion.

Turning back to the problem of evil, Huckabee’s explanation does not really address this concern effectively. While it might explain why people do bad things in terms of a lack of proper education, this does not explain why God would allow the children and the faculty of Sandy Hook to be slaughtered. Bryan Fischer does, however, take this matter on directly.

Speaking about Sandy Hook, Bryan Fischer said “And I think God would say to us, ‘Hey, I’ll be glad to protect your children, but you’ve got to invite me back into your world first. I’m not going to go where I’m not wanted. I am a gentlemen.”

Fischer’s explanation is very straightforward: God is too polite to go where he is not invited and hence He allowed the slaughter of children. This seems problematic, to say the least.

On the face of it, Fischer seems to be claiming that God’s sense of etiquette trumps His morality. That is, He would permit slaughter to occur rather than act in a way that might be regarded is impolite. This certainly seems to be an implausible claim. After all, consider the following analogy. Suppose I was accustomed to stopping by a friend’s house to get a drink from his garden hose while on my long summer runs. But then he got divorced and his wife got the house. While she does not dislike me, she asks me to no longer stop by to use the hose. Now, imagine that I am running by one day and she and her daughter are being attacked in her backyard. While I could easily defeat the attacker and save the two, I just run on by because I am no longer invited there. Intuitively, that would be morally wrong of me—even if I elected not to engage the attacker, I should at least do something. Also, if my reason is that I am not invited, then there are two obvious responses. First, it seems intuitively plausible to hold that my moral duty to help people in danger outweighs my moral duty to not be impolite. Second, it seems reasonable to think that my friend’s ex-wife and daughter would be happy to invite me to help them in their time of need. Obviously, since I am a decent person I would rush to help the two people in danger. If God is at least as good as me, He would presumably do the same. Also, God has nothing to worry about—the attacker would pose no threat to Him.

Another point of interest is that Fischer certainly seems to indicate that God would be glad to protect children if he were invited back. If he were right about this, this would seem to indicate that God would protect children in such circumstances. However, he seems to be exceptionally wrong about this. After all, God has allowed people of faith to die. He even has allowed children to be murdered in His churches. As such, the idea that God would protect children if we only asked him seems to be absurd. People have obviously asked and God has done nothing.

Of course, it could be countered that people have failed to properly invite God—that is, God would have helped if they had asked in the right way. Going back to the analogy given above, this would be like me running past by friend’s ex-wife and daughter and refusing to stop because their cries for help were not worded properly or otherwise defective. However, I would obviously help them regardless of how they requested aid—that is what a decent person would do. As noted above, presumably God is at least as good as I am, so if I would help regardless of the wording of the invite, so would God.

Overall, Huckabee and Fischer do not give an adequate response to the question of why God allowed the slaughter to occur. To be fair to them, no one ever has and probably no one ever will.

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Mental Illness, Violence & Liberty

Human brain NIH

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The mass murder that occurred at Sandy Hook Elementary school has created significant interest in both gun control and mental health. In this essay I will focus on the matter of mental health.

When watching the coverage on CNN, I saw a segment in which Dr. Gupta noted that currently people can only be involuntarily detained for mental health issues when they present an imminent danger. He expressed concern about this high threshold, noting that this has the practical impact that authorities generally cannot act until someone has done something harmful and then it can be rather too late. One rather important matter is sorting out what the threshold for official intervention.

On the one hand, it can be argued that the relevant authorities need to be proactive. They should not wait until they learn that someone with a mental issue is plotting to shoot children before acting. They certainly should not wait until after someone with a mental issue has murdered dozens of people. They have to determine whether or not a person with a mental issue (or issues) is likely to engage in such behavior and deal with the person well before people are hurt.  That is, the authorities need to catch and deal with the person while he is still a pre-criminal rather than an actual criminal.

In terms of arguing in favor of this, a plausible line of approach would be a utilitarian argument: dealing with people with mental issues before they commit acts of violence will prevent the harmful consequences that otherwise would have occurred.

On the other hand, there is the obvious moral concern with allowing authorities to detain and deal with people not for something they have done or have even plotted to do but merely might do.  Obviously, there is rather serious practical challenge of sorting out what a person might do when they are not actually conspiring or planning a misdeed. There is also the moral concern of justifying coercing or detaining a person for what they might do. Intuitively, the mere fact that a person could or might do something wrong does not warrant acting against the person. The obvious exception is when there is adequate evidence to establish that a person is plotting or conspiring to commit a crime. However, these sorts of things are already covered by the law, so what would seem to be under consideration would be coercing people without adequate evidence that they are plotting or conspiring to commit crimes. On the face of it, this would seem unacceptable.

One obvious way to justify using the coercive power of the state against those with mental issues before they commit or even plan a crime is to argue that certain mental issues are themselves adequate evidence that a person is reasonably likely to engage in a crime, even though nothing she has done meets the imminent danger threshold.

On an abstract level, this does have a certain appeal. To use an analogy to physical health, if certain factors indicate a high risk of a condition occurring, then it make sense to treat for that condition before it manifests. Likewise, if certain factors indicate a high risk of a person with mental issues engaging in violence against others, then it makes sense to treat for that condition before it manifests.

It might be objected that people can refuse medical treatment for physical conditions and hence they should be able to do the same for dangerous mental issues. The obvious reply is that if a person refuses treatment for a physical ailment, he is only endangering himself. But if someone refuses treatment for a condition that can result in her engaging in violence against others, then she is putting others in danger without their consent and she does not have the liberty or right to do this.

Moving into the realm of the concrete, the matter becomes rather problematic. One rather obvious point of concern is that mental health science is lagging far behind the physical health sciences (I am using the popular rather than philosophical distinction between mental and physical here) and the physical health sciences are still rather limited. As such, using the best mental health science of the day to predict how likely a person is likely to engage in violence (in the absence of evidence of planning and actual past crimes) will typically result in a prediction of dubious accuracy. To use the coercive power of the state against an individual on the basis of such dubious evidence would not be morally acceptable. After all, a person can only be justly denied liberty on adequate grounds and such a prediction does not seem strong enough to warrant such action.

It might be countered that in the light of such events as the shootings at Sandy Hook and Colorado, there are legitimate grounds to use the coercive power of the state against people who might engage in such actions on the grounds that preventing another mass murder is worth the price of denying people their freedom on mere suspicion.

As might be imagined, without very clear guidelines and limitations, this sort of principle could easily be extended to anyone who might commit a crime—thus justifying locking up people for being potential criminals. This would certainly be wrong.

It might be countered that there is no danger of the principle being extended and that such worries are worries based on a slippery slope. After all, one might say, the principle only applies to those deemed to have the right (or rather wrong) sort of mental issues. Normal people, one might say in a calm voice, have nothing to worry about.

However, it seems that normal people might. After all, it is normal for people to have the occasional mental issue (such as depression) and there is the concern that the application of the fuzzy science of mental health might result in incorrect determinations of mental issues.

To close, I am not saying that we should not reconsider the threshold for applying the coercive power of the state to people with mental issues. Rather, my point is that this should be done with due care to avoid creating more harm than it would prevent.

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Authentically Black: Brother or Cornball Brother?

President Lyndon B. Johnson and Rev. Dr. Marti...

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In the United States, race has been forged into a matter of great concern—at least for some people. One of the not uncommonly expressed concerns is whether or not someone is black. In the past, this was often a concern that a black person might be attempting to pass as white. As might be imagined, this was mostly a matter of concern to certain white people. In more recent years a twist has been added to the matter of discerning a person’s blackness. To be specific, one matter that concerns some people is whether or not a person is authentically black as opposed, presumably, to being inauthentically black. In such cases, the racial classification of the person is generally not in dispute. That is, s/he is identified as being black. The concern is, rather, over whether or not the person is properly black. As such, this adds another normative level to the judgment being made.

One recent incident that raised this matter occurred on the ESPN program “First Take.” While this is a sports program, the conversation turned to race when Rob Parker asked if Washington Redskins quarterback Robert Griffin III is “a brother or is he a cornball brother?” This, on the face of it, seems to be in inquiry into whether or not Griffin is “properly black” or not. When asked what he meant, Parker replied “well, he’s black, he kind of does his thing. But he’s not really down with the cause, he’s not one of us. He’s kind of black. But he’s not really the guy you’d really want to hang out with because he’s off to do something else.”

While Parker does not clearly lay out detailed standards for being authentically black, he did expand on his remarks in a way that suggested what he meant by “being down with the cause.” Parker noted that Griffin has a white fiancée and that there are rumors that he is a Republican.

Parker’s concern over Griffin having a white fiancée is not uncommon. While whites have often been dismayed by attempts to “mix the races” (and it was not until 1967 that the Supreme Court ruled against laws restricting marriage based on race), blacks sometimes criticize other blacks for having relationships with non-blacks. Interestingly and disturbingly, the reasons advanced against “race mixing” often mirror those advanced by racist whites (such as preserving the race). As such, this sort of criticism of Griffin seems to be racist. Naturally, there have been attempts to defend opposition to “race mixing” as being non-racist, but that seems to be a rather challenging (but perhaps not impossible) goal.

Of course, even if being suspicious of “race mixing” is at least a bit racist, it could still be argued that being authentically black requires that a person only have relationships with other black people. That is, that being involved with a non-black would somehow make a person less properly black. Presumably this could apply to other races, so that a white person who dates outside of her race is not properly white and so on for the other races. That is, to be a proper member of the race, one must only be involved with one’s own race. This, of course, requires working out an account of race so that people can date properly if they wish to be authentic. After all, if having a relationship with a person of another race causes one to be inauthentic, then presumably it would follow that dating someone of mixed race could lead to a partial inauthenticity. There is also the obvious problem that “race mixing” has already occurred on a rather large scale and hence those concerned with racial authenticity will need to sort out the matter of mixed-race people, such as President Obama and myself (I’m a colonial blend of English, French, Mohawk and “other”).

Parker’s second main point seems to be in regards to the rumor that Griffin is a Republican. While the Republicans were once popular with African-Americans, that certainly changed (and did so well before Obama ran for president in 2008). The modern Republican Party is often regarded as being tainted with racism and, at the very least, is regarded primarily as a white male party. Not surprisingly, known black Republicans, such as Colin Powell and Herman Cain, are sometimes accused of selling out or even of being “Uncle Toms.” The underlying assumption seems to be that the Republican Party is simply not the place for an authentic black American, presumably because of the values endorsed (or attributed to) the Republican Party.

This does, of course, raise the obvious question as to whether or not being properly black entails that one is obligated to hold to a specific set of political views (namely those not held by the Republican Party). This would seem to suggest that part of the definition of being authentically black involves not merely appearance (having black skin) but also ideology. This would indicate that authentic blackness is not merely a matter of race but also of mind. On the face of it, it does seem odd that being an authentic black would be incompatible with being Republican. After all, while the Republican Party is often presented as the white party, a white person who is a Democrat (or independent) is not regarded as being an inauthentic white. But perhaps things are different for whites.

As a final point, Parker does seem to regard physical appearance as an important part of being an authentic black. When speaking of Griffin’s braids he said, “To me, that’s very urban…. You’re a brother if you have braids on.”

While Parker might be presenting a sufficient condition for being “a brother” (presumably being authentically black), it seems reasonable to assume that it is not a necessary condition. It is not, however, clear to what degree the braids offset the other suspicious qualities of Griffin or others. However, combining this remark with the other claims made by Parker, it would seem that racial authenticity involves behavior (specifically relationships), ideology (specifically politics) and appearance (specifically hairstyle). This would seem to provide the basis for a theorist to work out an account of authenticity.

Given what Parker has said, one might wonder what Griffin thinks about the matter of color. Interestingly, Griffin echoes the words of Dr. Martin Luther King, Jr. when he said, “For me, you don’t ever want to be defined by the color of your skin. You want to be defined by your work ethic, the person that you are, your character, your personality. That’s what I’ve tried to go out and do.” Griffin, then, seems more concerned with being authentically himself than with meeting a Parker style standard of being authentically black. Not surprisingly, I agree with Griffin in this matter.

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Costas & Guns

English: Jovan Belcher, a player on the Kansas...

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While covering a football game the day after  Kansas City Chiefs linebacker Jovan Belcher killed  his girlfriend and himself , Bob Costas quoted Kansas City sportswriter Jason Whitlock: “If Jovan Belcher didn’t possess a gun, he and Kassandra Perkins would both be alive today.”

As might be imagined, there was a range of responses to this. Some agreed with Costas. Others took issue with a commentator making such a political statement during a sporting event. Some responded with considerable anger at what they regarded as an attack on guns.

While the main point of concern is obviously guns, there is also the matter of whether or not sports commentators should engage in such political commentary.

On the one hand, people watch sporting events with the expectation that the commentary will be about the sporting events and they do not expect political, social, theological or philosophical commentary. Naturally, they also expect lots of commercials. Given that the purpose of such commentary is to comment on sports, it seems reasonable for the commentators to stick to what the show is supposed to be providing to the audience. To use an analogy, if one goes to a comedy club and a person gets on stage to lecture about engineering, then one would obviously be right to expect them not to do that. After all, one goes to a comedy club with a reasonable expectation of comedy. Likewise, one watches football with a reasonable expectation that it will be free of political commentary.

On the other hand, Costas commentary did relate to an event connected to football and sports and other areas (such as religion and politics) are often mixed. Also, it is not the case that the commentators make an explicit commitment to only discuss sports and to exclude everything else.

Obviously enough, however, the main point of concern is Whitlock’s claim that the two people would still be alive if Belcher had not owned a gun. The talking point response to this is to point out that by Costas and Whitlock’s reasoning, if OJ Simpson did not have a knife, then the people who were allegedly killed by him would still be alive.

This talking point does, in sort of a mean way, make a reasonable point. After all, people are quite capable of killing without guns. Knives have, of course, been used to commit murders. Obviously, many other tools have been used in domestic violence as well, including such bizarre ones as frozen animals (or their parts). As such, getting rid of guns would not eliminate murders, suicide or domestic violence.

Guns do, of course, make killing easier. After all, they are tools specifically designed for doing the work of killing. As such, if people did not have guns, they would have to use somewhat more difficult means of killing. This might reduce the number of killings in a way somewhat like taking away cars would reduce the likelihood that a person would go someplace. After all, if a person has to work harder to accomplish a task, he is somewhat less likely to attempt that task.

Another point worth considering is that a gun also makes impulse killing easier. After all, a person can simply point the gun and pull the trigger and this allows very little time for thought. If people had to use slower means of killing, they might pause between the impulse to kill and the act of killing. Then again, this might have little impact. After all, a person can stab with a knife almost as fast as pointing and shooting.

People also note that a gun can do a lot of damage, making death more likely than with many alternative means of violence. For example, a person who is shot would tend to more badly wounded than someone who is punched or hit with a club. Of course, there are plenty of other weapons that can match guns in lethality, such as a knife.

Overall, it does make sense that getting rid of guns would cause a reduction in deaths. However, there is the question of the significance of the impact and the costs associated with eliminating guns. After all, getting rid of automobiles would cause a very significant reduction in deaths, yet most would argue that this would not be worth the cost.

A final point of consideration is the usual talking point that “guns don’t kill people, people kill people.” This is, of course, true. After all, people do not (in general) kill simply because they have guns. Rather, they use guns to kill because they have a reason (or think they have a reason) to kill. As such, eliminating guns would not address the actual cause of violence.

In the case at hand, there has been some speculation that head injuries suffered by Belcher played a causal role in his actions. The sort of head trauma football players sustain has been linked to a variety of mental problems, including suicides and violence. As such, addressing this medical problem would seem more fruitful than pushing for the elimination of guns. After all, this would address a causal factor of violence rather than one of the tools used in violence.

Others have also noted that domestic violence is not uncommon in the United States and have expressed concerns about addressing the causes of this violence. While guns are sometimes used in domestic violence cases, people have clearly shown that they will use other tools, such as knives. As such, focusing only on guns would be a mistake. Rather, it makes more sense to address the underlying causes of such violence. While people do point to the fact that guns are used in many such cases, it must also be noted that there are millions of gun owners who never use their guns to kill other people. As such, the problem is not that people have guns. The problem is that some people are willing (or driven) to kill.

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War on Christmas?

Christmas in the post-War United States

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The United States has numerous Christmas traditions, ranging from elaborate decorations to re-gifting lame gifts like fruitcakes. While these are broad traditions, embraced by millions of Americans, there are also narrower traditions. One such tradition is the Fox & friends holiday ritual of claiming that there is a war on Christmas.

Gretchen Carlson and State Representative Doreen Carlson lit the ritual hyperbole log (not to be confused with the Yule log) near the end of November 2012. After discussing what she took as the latest evidence in the existence of the war, Carlson closed with “a lot of people, for whatever reason, will look at this interview today and say, Gretchen Carlson and Doreen Costa are nuts. They’re so nuts because they think there’s this made up war on Christmas. We’re not nuts, are we? There is a war on Christmas!”

While it is very tempting to dismiss Carlson and her fellows on the grounds of some sort of insanity, I will not do this. I do not think that she is insane. However, I do think that the war on Christmas is made up, in the same way that Santa is made up—only with a rather less pleasant intention behind the fiction.

While the term “war” gets thrown around so excessively by Americans (we have wars on everything, including actual wars on actual people) that is has become worn and shoddy, I will endeavor to present a rough account of what would be required for there to be a war on Christmas.

Roughly put, a war would seem to indicate a conflict with breadth and intensity. In terms of breadth, a true war typically would require a reasonable broad front, either literally or metaphorically. After all, a few sporadic episodes of violence that take place far from each other would hardly count as a war.  In the case of the alleged war on Christmas, there would need to be battles occurring across adequately broad areas of the country as opposed to extremely limited numbers of isolated incidents. Not surprisingly fine folks at Fox traditionally make use of the hasty generalization (a fallacy in which a person draws a general conclusion about a population based on a sample that is not adequate in size) to create the impression that the few examples of what they claim are incidents in the war are actually general occurrences. Naturally, one should not take my word for this. If it really matters, a person can create a war map and plot out the locations of the alleged incidents to determine if they constitute a large enough number to count as a war. This can be done my imaging each incident as a fight proportional to the incident.

In terms of intensity, a true war (as opposed to a cold or false war) would seem to require a level of conflict that would intuitively match what is expected in war. If, for example, soldiers on opposing sides exchange taunts and occasionally throw rocks at each other, that would hardly seem to be a war. In the case of an actual war on Christmas, what would be needed would be attacks on Christmas of sufficient intensity to be considered warlike aggression against the holiday.

In general, Fox tends to point to incidents of the “intensity” discussed by Carlson and Costa. In Rhode Island, where Costa is a representative, the governor held a holiday tree lighting, rather than a Christmas tree lighting. Fox also points to cases in which Nativity scenes are not allowed to be displayed on state property, such as in front of or in government buildings. Incidents in which people say “happy holidays” rather than “Merry Christmas” are also taken as evidence of the war. On the face of it, these incidents do not seem intense enough to count as warfare.

There is also the fact that is blindingly obvious that Christmas itself is not under attack (other than the usual commercialism that corrupts the very heart of the holiday). After all, Christmas is not only completely legal, the overwhelming majority of Americans celebrate it and almost all Americans participate in some way (my atheist and non-Christian friends have never turned down a Christmas gift nor a Christmas dinner). Christmas trees, Christmas cards, Christmas goose, Christmas lights, Christmas carols, Christmas services and so on are also completely legal and unhindered. It would take a strange epistemology indeed to believe that there is a war on this beloved and almost universally practiced (in America) holiday.

But, one might say, what about the fact that state officials, like the governor of Rhode Island, have “holiday tree” lightings. What about public schools having “winter breaks” rather than “Christmas breaks”? What about Nativity scenes not being set up in federal court houses? Are these not evidence of a most vile war on Christmas?

The obvious answer is “not at all.” One should be careful to note that what is occurring is that the state is simply not giving special treatment to the holiday of a specific faith (although Christmas seems to have extended way beyond Christianity) with the main focus being on the religious trappings. So, for example, trees, snowmen, Santa Claus and so on seem to be fine on state grounds. Baby Jesus, not so much. However, this is no more a war on Christmas than changing “chairman” to “chairperson” is a war on men. It just means that one specific faith is not getting special treatment denied to other faiths. Not always getting what one wants and not having one’s faith enshrined by the state is hardly the same thing as a war on Christmas.

What would an actual war on Christmas look like in America? That is easy enough to answer. From 1659-1681 the celebration of Christmas was outlawed in Boston. This was not the work of anti-Christians, but due to the Puritan opposition to Christmas on religious grounds. While New England is now famous as a Christmas place, the celebration of the holiday did not come into vogue until around the mid-19th century, at least around Boston. So, Fox, until people start banning Christmas across regions of the country again (or worse), talk of the war on Christmas is just annoying and divisive hyperbole. Worse, it gets people who have weak critical thinking skills upset, worried and angry and that is not the sort of holiday spirit that is right for the season. So, for the sake of the Christmas spirit, stop engaging in this foolishness.

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Rockets & Ethics

English: A Qassam rocket fired from a civilian...

(Photo credit: Wikipedia)

In a repeat of events in 2008 (and earlier) Hamas stepped up its rocket attacks from Gaza against Israel. Israel, not surprisingly, responded with attacks of its own. In addition to the political and humanitarian concerns, this matter raises numerous ethical issues.

One issue of concern is that Hamas generally locates its launch sites close to or in civilian areas. As such, Israel runs the risk of killing civilians when it attempts to destroy the launchers. This raises the general issue of launching attacks from within a civilian population.

On the face of it, this tactic seems to be immoral. To use the obvious analogy, if I am involved in a gun fight and I grab a child to use as a human shield, I am acting wrongly. After all, I am intentionally endangering an innocent to protect myself. If the child is hurt or killed, I clearly bear some of the moral blame. While my opponent should not endanger the child, I would rather limit her options if I kept attacking her while hiding behind the child.  Naturally, if I was shooting at her innocent children while using a child as a shield, I would certainly be acting very wrongly indeed.

One possible counter is that the analogy is flawed. In the child example, the child is coerced into serving as a shield. If the civilians support Hamas and freely allow themselves to be used as human shields, then Hamas would not be acting wrongly. To use an analogy, if I am in a gun fight and people volunteer to take bullets for me by acting as human shields, I would seem to be acting in a way that would be morally acceptable. As such, as long as the civilians are not coerced or kept in ignorance (that is, employed as shields by force or fraud), then it would seem that Hamas could be acting in a morally acceptable way.

There is, of course, a rather obvious concern. To go back to the gunfight analogy, suppose my fellows volunteer to serve as human shields while I shoot randomly at my opponent’s friends and family. If my opponent returns fire and hits one of my shields while trying to stop me, it would seem that my opponent would not be acting wrongly. After all, she is not trying to kill my shields—she is trying to stop me from shooting randomly at her friends and family.

This, of course, leads to another point of moral concern: Hamas fires rockets into populated areas as opposed to aiming at military targets. That is, Hamas seems intent on hurting random Israelis. One main argument in defense of Hamas is that the rockets are being fired in retaliation for Israeli wrong doings. As such, the rockets are intended as retribution for wrongs. In general, punishing people for their misdeeds is morally acceptable and can be argued for in terms of deterrence and retribution. Of course, it must be shown that Israel has done wrong and that the retribution is proportional and justified.

However, the fact that Hamas is shooting rockets that randomly hurt people seems to remove the retribution justification from Hamas’ attack on Israel.  After all, punishment is something that should be directed at the guilty party and not randomly inflicted on whoever happens to be at the receiving end of a rocket. After all, to punish the innocent would simply be to commit a crime against them and would not be an act of justice.

One stock reply is that the people hurt by the rockets are (usually) Israelis and hence they are not innocent.  That is, they are fully accountable for whatever wrongs Israel has allegedly committed. However, being a member of a large group seems to be a rather weak basis for justifying such random retribution. To use an analogy, imagine that professor Sally is fired from her job at Big University so that the president of the university can give her boyfriend Sally’s job. Now suppose that, in revenge, Sally starts randomly slashing the tires of students’ cars and that she defends her actions by pointing out that the students are associated with Big University and hence just targets of her retribution.

On the face of it, Sally’s justification seems absurd: the students are hardly accountable for the doings of the president. Likewise, one might argue, random people are unlikely to be accountable for any alleged misdeeds attributed to Israel.

One obvious counter is that being a citizen comes with moral accountability that would not hold in the case of students. A citizen of a democratic state, it can be argued, is responsible for what is done by her nation. After all, a citizen of a democracy has the right to elect officials and make decisions regarding the actions of the country. So, the rocket attacks could be just retaliation provided that the actions of the Israeli state warranted such retribution.

The obvious reply is that while citizens of a democratic state do bear some responsibility for the actions of their nation, such random attacks fail to take into account important distinctions. To be specific, it seems clear that every citizen does not bear the guilt of every misdeed (or perceived misdeed) of a nation. For example, a random rocket attack could kill an Israeli who opposes violence or it could murder a child. Surely such people do not deserve death, whatever the alleged misdeeds of the country.

Obviously, it could be argued that collective guilt somehow overrides all other normally relevant aspects (such as past actions).  However, the burden of proof seems to be on those who would make this claim.

As such, these random rocket attacks fired from within civilian areas seem to be morally wrong.

Naturally, a similar sort of argument can be applied to any cases in which Israeli attacks kill random people in Gaza. Or random attacks kill anyone anywhere.

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Being in Uncertainty

Like millions of people I watched Felix Baumgartner’s space jump last Sunday. He leapt from a tiny capsule pulled 24 miles into the sky by a helium balloon. He fell to the ground from the edge of space, breaking the sound barrier, and several records, in the process.

I found his achievement moving and compelling. And this surprised me because quite often I find extreme feats of this sort rather sterile, and perhaps a little bullet-headed.  When someone walks across the Antarctic, or climbs Everest without oxygen, it seems to involve a chest-beating determination to assert oneself against nature. The self-assertion makes it seem a small inward-looking response to the largeness and awesomeness of the world. It reminds me of the character in William Golding’s novel Pincher Martin who takes huge pride in surviving against the odds on a tiny rock in the middle of the ocean,  staving his hunger with vile rock-dwelling creatures and sheltering himself by squeezing into a tiny jagged hole. The astonishing twist in that story shows  his pride in that narrow victory to be the very same thing as his failure to see and appreciate something much larger and more beautiful than his deluded and debased survival.

Golding’s novel has a belief in God at its centre. So as an atheist, I read it at arm’s length. I can’t share its central vision.  Some or all of Baumgartner’s jump team are atheists too. That’s the message I took from mission control’s reassurance to Baumgartner that “his guardian angel” was with him. The notion of a guardian angel is so kitsch, so primitive and so not a part of most religious people’s  experience of faith that it seemed to me that these colleagues of Baumgartner were stating their atheism at the same time as they indulged an (entirely understandable) need to supplicate (someone, something) for their friend’s survival.

That these scientists felt drawn to this playful but clumsy invocation of a supernatural entity in which they probably disbelieved gives me a clue about why I found Baumgartner’s jump so moving.

There is an atheist’s plight, I think. Not for all atheists, but for some atheists most of the time, and perhaps even for most atheists some of the time. The plight is this: there is no God, but sometimes invoking the concept of God seems a very compelling way indeed of doing justice to the strangeness, the beauty and the peril of our lives.

An atheist invoking God in response to peril can easily be seen as a momentary weakness, a panicked irrationality, so it is not terribly interesting. More interesting is the way an atheist might feel when contemplating the strange empty  infinity and complexity of the universe and the sheer oddness of being a conscious presence within it. We might not be at all tempted to say that the idea of God needs to be invoked to explain the universe. But the idea that God exists and that we humans are in a state of separation from that God can seem like a very vivid way of experiencing our awe in the face of a not-yet-fully-explained universe and also of capturing  some central philosophical problems. The idea of a God from whom we are separated and whom we strive to rejoin (the idea of a fall followed by redemption) has in the past lent philosophy some of its fundamental structure. Hegel’s self-positing spirit, for example, is a version of God coming to self-knowledge through a process which involves first the generation and then the overcoming of separateness.  And even if we eschew Hegelian ways of thinking,  the idea of a God that we must strive to rejoin feels like a rich metaphor for the traditional philosophical project of characterising reality in a manner which makes it both independent of us and yet within our knowledge. The truth (if it is a truth) of the atheist’s claim that there is no God sometimes seems like poor compensation for the loss of the religious worldview –  because that worldview is a very beautiful and metaphorically fertile orientation to the strange condition of being conscious in the world.

So, just as Baumgartner’s colleagues summoned the idea of a guardian angel to fill the space left by their disbelief in God,  I too look around for metaphors to fill the space left by my own disbelief in God. And Baumgartner’s endeavour at the physical margins of our world, the point where it joins the universe, seemed to fit the bill. Where Pincher Martin, in Golding’s novel, squeezes himself into a small hole on a small rock and feels big, Baumgartner took himself to the edge of the largest possible space to (in his own words) “see how small he was.” It was (corny expressions seem unavoidable here) an encounter with the infinite. The symbolism of falling also has poignancy. It speaks of a chosen passivity, a surrender, very different from the assertive striving  of a Pincher Martin, and very resonant with Christian mythology. Finally the sheer pointlessness of jumping from space seems a rather heroic defiance of the meaninglessness that threatens to engulf us when we look at a vast universe empty of mind: it embraces meaninglessness joyfully and colonises it with purpose.

I don’t want to spend too long teasing out the symbolism of the jump. Instead I want to ask a question. It seems from the above that we (or many of us) have a need for what might be called aids to reflection, aids to the contemplation of certain fundamental features of our presence in the world. If a belief in God is not available to us as a supplier of such aids, we look for it elsewhere. What I want to ask is this: Can a religious person endorse this status of religion as being, not the provider of truth but simply a provider of resources for reflection? If we reject every distinctively religious claim (that there is a god, that there is a soul, or an afterlife, or reincarnation …), if we say that religion offers us no truths of its own but only resources for the contemplation of the truths of science and philosophy, and if we say that religion is not even the only supplier of such resources because art and literature and jumping men are also resources, might it still be possible to be religious? Note that I’m not asking  a question about the value of religion, considered from outside the religious perspective. I’m asking whether the religious perspective itself can survive a certain view of its status. In a review of Alain de Botton’s Religion for Atheists John Gray quotes  Keats to suggest that “the heart of religion isn’t belief, but something more like what Keats described as negative capability: ‘being in uncertainties, mysteries, doubts, without any irritable reaching after fact and reason’.” But can a religious person really and wholeheartedly subscribe to such a view?

I think that this question translates into (at least) three more specific questions (only very roughly formulated here):

(1) Is it really true that a religious practitioner can give an entirely “non-creedal” account of religion, one that does not claim there to be any distinctively religious truths  and states that religion is simply not about belief? Quakerism, for example,  advises us to “remember that Christianity is not a notion but a way.” But is it, in fact, possible for a religious person consistently to sustain this religious non-cognitivism?

(2) If religion turns its back on the notion of religious beliefs, can it still maintain a distinctive territory for itself, or does it simply become a part of art and literature? If we contemplate God without asserting his existence, and derive very important lessons from the contemplation, what – if anything – makes this different from contemplating, say, Achilles, or Hamlet, or Dorothea Brooke?

(3) A version of religion which denied the existence of God, and of every single other supernatural phenomenon, would be a very profoundly revisionist one. It might be one that almost every single religious practitioner rejected. Is such extreme religious innovation coherent? Or does religion have to be defined in terms of (certain very general) widely shared features of people’s actual religious practice?

Perhaps these questions seem unmotivated: if one rejects religious belief, why struggle to find common ground with religion? That might very well be a good question. But the extremity of the current antipathy between atheism and faith seems to call for an exploration of different, happier and more mutually enriching forms of interaction between them.  So I’d be grateful for any comments that considered the three questions above. If John Gray and Keats are right, and religion is, not about belief but about “being in uncertainty,” are those questions the right ones for the project of making sense of religion so-conceived? How could they be better formulated? What further questions are there for that project? What direction might the answers take?

 

AAP publishes an online memorial page for J.J.C. Smart

Professor J.J.C. Smart died on Saturday 6 October 2012. He will be remembered fondly by many people, both for his immense contribution to modern philosophy and for his personal friendliness and kindness.

The Australasian Association of Philosophy has now published a memorial page on its website, where you might wish to add and share your memories/thoughts about Jack Smart.

See also this lovely article by his colleagues at Monash University, including John Bigelow and Graham Oppy. Vale!

Freedom of religion and the contraceptive mandate (Missouri court case)

In the case of O’Brien v. US Department of Health and Human Services (go here for an analysis that links to the actual judgment), a judge of the United States District Court for the Eastern District of Missouri has upheld the so-called contraceptive mandate in its application to a secular mining company controlled (and apparently owned) by a practising Catholic, Mr O’Brien.

The challenged federal provision requires employers to provide group health plans for their employees, with content conforming to regulatory guidelines that (among other things) require coverage of the cost of contraception. The plaintiffs, Mr O’Brien and his company, argued that this was in breach of (among various other provisions) the US Constitution’s First Amendment. In particular, the main First Amendment argument was that the provision impinged on Mr O’Brien’s free exercise of his religion, which, he argued, includes running his business along Catholic lines. It was also argued to impinge on the free exercise of religion by the company itself.

I submit this much should, in principle, have been straightforward. The provision is 1. a neutral law (its purpose or object is not the persecution or imposition of a religious viewpoint, and nor can this be seen as somehow being its main effect) of 2. general applicability (it applies to the generality of employers, subject to some specific exemptions). Based on principled reasoning, philosophical theory going back at least to John Locke, and Supreme Court precedent, this should be enough to uphold the law against First Amendment review. Freedom of religion requires that the state not persecute disliked religions or impose, or endorse, a favoured religion, but there was no persecution here. The mining company was simply required to obey the same law as other employers. However annoying or inconvenient that might be, it is not religious persecution.

Nor was it establishment of religion. No religion was imposed or endorsed, or anything of the kind, though the plaintiffs attempted to argue that the provision was impermissibly entangled with religion, insofar as strictly religious employers were exempt – which meant that the state had had to draft criteria as to which these would be. Thus, in a sense, the state was playing favourites. I hope it is plain that this argument lacks merit. At the very least, it flies in the face of a large body of American constitutional jurisprudence. To nail the point down completely would require a close look at the criteria used, and this would take me away from what I see as the crucial issue arising from the case. Suffice to say that the court considered the criteria to be logical, and I agree.

In the upshot, the court had little trouble disposing of the First Amendment challenge (a freedom of speech argument was also run, but this need not detain us).

If it is relevant, we might add to the paragraphs above that no one is actually required by her religion (or at least by Catholicism) to run a mining company, or any sort of company at all. The law might make it less convenient for some people to do so, but that is another question.

Moreover, it is not as if this law somehow impinged on the core services and operations of a church or similar body, such as by controlling who can and cannot be made a priest. Indeed, as I’ve noted above, strictly religious employers were exempt from the law.

However, I’d prefer to leave the freedom of religion considerations on the basis that there simply was no state imposition or even endorsement of a religion, and no persecution of any religion. For further discussion, at some considerable length, of how all this relates to religious freedom, I refer you to my book, Freedom of Religion and the Secular State .

So far, so good. These American cases get complicated, however, partly because they are decided not only under the First Amendment but also under the Religious Freedom Restoration Act (RFRA). Back in the 1990s this was struck down in its application to state laws, but it still affects laws at the federal level.

RFRA empowers the courts to craft religious exemptions from legislation, even where the law concerned would not breach the First Amendment. In my opinion, this statute should never have been enacted and relies on a bogus concept of religious freedom. It enables laws to be struck down, at least in some of their specific applications, even though nothing like an imposition, endorsement, persecution, etc., of religion is discernible. That, in fact, means that judges are entrusted with the task of deciding whether or not to grant the privilege of an exemption from a law that is, ex hypothesi, religiously neutral and generally applicable. To quote from the judgment:

The Religious Freedom Restoration Act … forbids government from “substantially burden[ing] a person’s exercise of religion even if the burden results from a rule of general applicability” unless the government “demonstrates that application of the burden to the person (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”

Thus, the court had to consider whether the contraceptive mandate substantially burdened a person’s exercise of religion. This further raised the question of whether the company was a person capable of exercising a religion, but the court ultimately did not need to decide that issue. Instead, it held that the case could not succeed even if the point were decided in favour of the company.

The essence of the case is that any burden on religious exercise, applying to either Mr O’Brien or the company, was not “substantial” within the meaning of the RFRA. Any burden was too slight and indirect to count as substantial – e.g. no one was actually required to use contraception. The requirement was merely that a benefit be provided to employees that they could utilise, if they wished, for obtaining and using contraceptives (something that they could have done anyway out of their wages – the benefit simply made it easier for them).

While this outcome is defensible, some sort of defence could also have been given if the court had decided the other way on the “substantial burden” point. In that case, it would then have been a matter of judgment just how “compelling” was the government interest in availability of contraception, and whether some less restrictive means was available to pursue it. In practice, once a substantial burden is found and the compelling state interest test is consequently applied, it becomes very unlikely that a court will uphold the challenged law.

Although I welcome the outcome of this case, I expect to see it appealed, and I’m not confident that other, similar, cases will be decided in the same way when they are determined by courts in other jurisdictions. I am not totally opposed to exemptions from neutral laws of general application, but I submit that they should be rare and should not be handed out by the courts. They should be issues for the legislature when it balances the interests of affected parties in the process of crafting and enacting legislation. Note that any exemption partly defeats the purpose of the law, and some exemptions shift an additional burden onto other parties that are not made exempt.

The courts should be making findings on such issues as whether the state has acted to endorse or impose a religious viewpoint, or to persecute one … or whether the state has merely enacted a neutral law of general application, with some secular and non-persecutorial purpose. In the latter case, there should be no further issue for the courts as to whether some side effect on religion amounts to a “substantial burden”. Or so I submit. At least we can hope, based on O’Brien v. US Department of Health and Human Services, that a substantial burden, in the legal meaning of that term, won’t be found lightly by the American courts.

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