Monkey Selfies & Animal Artists

While in Indonesia in 2011, photographer David Slater’s camera was grabbed by a macaque. While monkey shines are nothing new, this monkey took hundreds of shots including some selfies that went viral on the internet. As many things often do, this incident resulted in a legal controversy over the copyright status of the photos. The United States copyright office recently ruled that “Works produced by nature, animals or plants” or “purportedly created by divine or supernatural beings” cannot be copyrighted. While this addresses the legal issue, it does not address the philosophical issue raised by this incident.

From a philosophical perspective, the general issue is whether a non-human animal has moral ownership rights over its artistic works. This breaks down into the two obvious sub-issues. The first is whether or not a non-human animal has a moral status that can ground ownership rights. The second is whether or not a non-human has the capability to create a work of art. These issues have often been the subject of philosophical discussion, but it is certainly worth considering them again.

One approach to the issue of ownership rights is to note that non-human entities are taken to possess ownership rights. To be specific, corporations are taken as having ownership rights—they can and do own copyrights. If a legal fiction like a corporation can be taken to have ownership rights, there seems to be no principled way to deny the same rights to animals. After all, animals have a significantly better claim to rights since they are actual entities with qualities analogous to human persons.

The easy and obvious reply to this approach is that corporations are legal fictions (and legally fictional persons in the United States) and, as such, this does not help with the philosophical issue of whether or not animals can have ownership rights. Legally, the matter is simple: just like corporations, animals have whatever legal rights the law provides. So, if the Supreme Court ruled that animals are people and can own property, then that would be the law—but the philosophical issue would remain unresolved. That said, if corporations should be regarded as having ownership rights (and as people), then it hardly seems unreasonable to accept that animals also have ownership rights (and as being people).

In order to determined whether animals have ownership rights or not, it would be necessary to determine the foundation of these rights. Locke famously bases property rights on the claim that each person owns her own body (well, God does…but He is cool about it) and hence each person owns her own labor. This labor is mixed with common property and thus makes what it is mixed with the property of the laborer. If animals have this sort of self-ownership, then they would have the same ownership rights as humans—whatever an animal mixed her labor with would be hers. The stock counter for this is that animals are not owners—they are objects to be owned. It is worth noting that people have long said the same thing about other people.

Higher animals like dogs and primates also seem to grasp the basics of ownership: they distinguish between what is their property and what is not. To use a concrete example, my husky clearly grasps the distinction between her toys and similar objects that belong to others. As such, there seems to be some basis to the claim that animals regard themselves as possessing ownership rights.

The obvious objection is that animals have, at best, an extremely limited understanding of property and this could simply be attributed to possessiveness or territoriality. The obvious reply to this is that ownership does not seem to require an understanding of property rights—corporations (which have no minds and hence have no understanding) and humans who are dumb as posts are still regarded as having ownership rights.

While the debate over ownership could go on endlessly, animals seem to have as good a claim to ownership rights as humans do, at least in terms of the foundation of such an alleged right. Roughly put, if humans have ownership rights, then animals would seem to qualify as well. Thus, it would seem that animals do have ownership rights.

The next issue is whether or not an animal can create an artistic work. Addressing this properly would require an adequate definition of “art” that would enable one to distinguish between art and non-art. While there have been many attempts to provide just such a definition, they have all proven to be inadequate. Since such a fine definition is lacking, a rough and ready approach must suffice.

In this case, the rough and ready approach is to begin by considering cases in which it is intuitively appealing to accept that a human is creating a work of art. The next step is to use an argument by analogy to determine whether or not an animal could do the same sort of thing.

One clear case is that of painting: a human intentionally applies paints to a surface based on the contents of her intentional states and this image is typically a resemblance to something internal (a feeling or thought) or external (a person, landscape, etc.). While animals do apply paint to surfaces, their lack of language makes it rather difficult to determine what they are doing. If, for example, elephants painted pictures recognizable as elephants, flowers or whatever, them there would be very strong grounds for thinking they are creating art. But, to be fair to the animals, there are humans who create paintings that look exactly like those created by elephants. The main difference is that the humans claim to be artists while the elephants say nothing. But, if the matter is judged entirely by the work produced, if those humans are artists, then so are the elephants.

Another case is that of photography and it seems reasonable to accept that a photo can be a work of art and a photographer an artist. The challenge is, obviously enough, distinguishing between the taking of photos and being an artist. To clarify, photos can be taken by automatic timers, motion sensors, tripwires or by accident but these would not be cases involving an artist. To use an analogy, if the shelves in a shed fail and the paint spills to create a work identical to that of Jackson Pollock of Van Gogh, that would not make the shed’s owner an artist. If the paint where spilled by a trip-wire trap, this would not make the victim an artist. So, being an artist in photography thus requires intent and control rather than automation or chance. At the very least, the photographer must know what she is doing and act with intent.

In the case of the monkey taking pictures, the key question is whether or not the monkey understood what it was doing and acted with intent. If the monkey was just playing with the camera and it just happened to take a few shots that looked good, the monkey is no more an artist than an automatic timer, motion sensor or defective shutter control that made the camera constantly shoot.

It might be objected that some of the shots were quite good aesthetically and judging by the work itself, the monkey had produced art. This does have some appeal—after all, whether the work is art or not should (it can be argued) rest in the work itself rather than the process of creation. But, even if this is granted, it does not follow that the monkey is the artist. After all, an automated camera shooting constantly would almost certainly produce artistic photos eventually—but the automating machinery or software would not thus be an artist. Thus, there could be art but no artist. In the case of the monkey, this seems to be the most plausible explanation—the money was probably just pushing the button and by chance some good images occurred. As such, the monkey was not an artist.

 

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Chaotic Evil

the face of evil

the face of evil (Photo credit: Wikipedia)

As I have written in two other essays, the Dungeons & Dragons alignment system is surprisingly useful for categorizing people in the real world. In my previous two essays, I looked at lawful evil and neutral evil. This time I will look at chaotic evil.

In the realm of fantasy, players often encounter chaotic evil foes—these include many of the classic enemies ranging from the lowly goblin to the terrifyingly powerful demon lord. Chaotic evil foes are generally good choices for those who write adventures—no matter what alignment the party happens to be, no one has a problem with killing chaotic evil creatures. Most especially other chaotic evil creatures. Fortunately, chaotic evil is not as common in the actual world. In the game system, chaotic evil is defined as follows:

A chaotic evil character is driven entirely by her own anger and needs. She is thoughtless in her actions and acts on whims, regardless of the suffering it causes others.

In many ways, a chaotic evil character is pinned down by her inherent nature to be unpredictable. She is like a spreading fire, a coming storm, an untested sword blade. An extreme chaotic evil character tends to find similarly minded individuals to be with—not out of any need for company, but because there is a familiarity in this chaos, and she relishes the opportunity to be true to her nature with others who share that delight.

The chaotic evil person differs from the lawful evil person in regards to the matter of law. While they are both evil, the lawful evil person is committed to order, tradition and hierarchy. As such, lawful evil types can create, lead and live in organized states (and all states have lawful evil aspects). They can even get along with others—provided that doing so is required for the preservation of order. In contrast, chaotic evil types have no commitment to order, tradition or hierarchy. They can, of course, be compelled to act as if they do. For example, as long as the threat of punishment or death is close at hand, a chaotic evil type will obey those with greater power. Chaotic evil types do like order, tradition and hierarchy in the same way that arsonists like things that burn—without these things, the chaotic evil type would have that much less to destroy.

Lawful evil types do often find chaotic evil types useful for specific tasks, although those wise about evil are aware of the dangers of using such tools. For example, a well-organized terrorist group will tend to be lawful evil in regards to its leadership. However, such a group will find many uses for the chaotic evil types. A lawful evil type is generally not likely to strap on an explosive vest and run into a crowd, but a chaotic evil person might very well consider this to be a good way to go out. Lawful evil types also sometimes need people to create chaos so that they can then impose more order—the chaotic evil are just the people to bring in. But, as noted, the chaotic evil can get out of hand—they are not constrained by order or even rational selfishness. This is why the smart lawful evil types do their best to see to it that the chaotic evil types do not outlive their usefulness.

The chaotic evil person differs from the neutral evil person in regards to the matter of chaos. While the chaotic evil and neutral evil are both selfish and care nothing for others, the neutral evil person tends to be more rational and calculating in her selfishness. A neutral evil person can have excellent self-control and conceal her true nature in order to achieve her selfish and evil ends. Chaotic evil types lack that self-control and find it hard to conceal their true nature—that takes a discipline that the chaotic, by their nature, lack. The neutral evil see society as having instrumental value for them—but their selfishness means that they will take actions that can destroy society. The chaotic evil see no value in society other than as presenting a target rich environment for their evil. In our world, chaotic evil types tend to be those who commit horrific crimes or acts of terror.

While chaotic evil types are chaotic and evil, they often take up the mantle of some cause and purport to be acting for some greater good. However, their actions disprove their claims about their alleged commitment to anything good. They typically take up a religious or political cause to assuage whatever shreds of conscience they might still retain—or do so as part of their chaotic game.

In an orderly society that does not need the chaotic evil, smarter chaotic evil types try to hide from the authorities—though their nature drives them to commit crimes. Those that are less clever commit their misdeeds and are quickly caught. The cleverer might never be caught and become legends. Fortunately for the chaotic evil (and unfortunately for everyone else), they have plenty of opportunities to act on their alignment. There are always organizations that are happy to have them and there are always conflict areas where they can act in accord with their true natures—often with the support and blessings of the authority. In the end, though many are willing to make use of their morality, no one really wants the chaotic evil around.

 

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Acquired Savantism & Innate Ideas

Portrait of Socrates. Marble, Roman artwork (1...

. (Photo credit: Wikipedia)

One classic philosophical dispute is the battle over innate ideas. An innate idea, as the name suggests, is an idea that is not acquired by experience but is “built into” the mind. As might be imagined, the specific nature and content of such ideas vary considerably among the philosophers who accept them. Leibniz, for example, takes God to be the author of the innate ideas that exist within the monads. Other thinkers, for example, accept that humans have an innate concept of beauty that is the product of evolution.

Over the centuries, philosophers have advanced various arguments for (and against) innate ideas. For example, some take Plato’s Meno as a rather early argument for innate ideas. In the Meno, Socrates claims to show that Meno’s servant knows geometry, despite the (alleged) fact that the servant never learned geometry. Other philosophers have argued that there must be innate ideas in order for the mind to “process” information coming in from the senses. To use a modern analogy, just as a smart phone needs software to make the camera function, the brain would need to have built in ideas in order to process the sensory data coming in via the optic nerve.

Other philosophers, such as John Locke, have been rather critical of the idea of innate ideas in general. Others have been critical of specific forms of innate ideas—the idea that God is the cause of innate ideas is, as might be suspected, not very popular among philosophers today.

Interestingly enough, there is some contemporary evidence for innate ideas. In his August 2014 Scientific American article “Accidental Genius”, Darold A. Treffert advances what can be seen as a 21st century version of the Meno. Investigating the matter of “accidental geniuses” (people who become savants as the result of an accident, such as a brain injury), researchers found that they could create “instant savants” by the use using brain stimulation. These instant savants were able to solve a mathematical puzzle that they could not solve without the stimulation. Treffert asserts that this ability to solve the puzzle was due to the fact that they “’know things’ innately they were never taught.” To provide additional support for his claim, Treffert gave the example of a savant sculptor, Clemons, who “had no formal training in art but knew instinctively how to produce an armature, the frame for the sculpture, to enable his pieces to show horse in motion.” Treffert goes on to explicitly reject the “blank slate” notion (which was made famous by John Locke) in favor of the notion that the “brain might come loaded with a set of innate predispositions for processing what it sees or for understanding the ‘rules’ of music art or mathematics.” While this explanation is certainly appealing, it is well worth considering alternative explanations.

One stock objection to this sort of argument is the same sort of argument used against claims about past life experiences. When it is claimed that a person had a past life on the basis that the person knows about things she would not normally know, the easy and obvious reply is that the person learned about these things through perfectly mundane means. In the case of alleged innate ideas, the easy and obvious reply is that the person gained the knowledge through experience. This is not to claim that the person in question is engaged in deception—she might not recall the experience that provided the knowledge. For example, the instant savants who solved the puzzle probably had previous puzzle experience and the sculptor might have seen armatures in the past.

Another objection is that an idea might appear to be innate but might actually be a new idea that did not originate directly from a specific experience. To use a concrete example, consider a person who developed a genius for sculpture after a head injury. The person might have an innate idea that allowed him to produce the armature. An alternative explanation is that the person faced the problem regarding his sculpture and developed a solution. The solution turned out to be an armature, because that is what would solve the problem. To use an analogy, someone faced with the problem of driving in a nail might make a hammer but this does not entail that the idea of a hammer is innate. Rather, a hammer like device is what would work in that situation and hence it is what a person would tend to make.

As has always been the case in the debate over innate ideas, the key question is whether the phenomena in question can be explained best by innate ideas or without them.

 

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Unpatriotic Corporations & the Language Argument

English: Burger King headquarters in unincorpo...

(Photo credit: Wikipedia)

In previous essays I have written about corporate personhood as well as corporate inversion.  Corporate inversion, briefly put, is when a corporation buys a foreign corporation and then “inverts” ownership. For example, an American corporation like Burger King might buy a Canadian corporation and then move its corporate headquarters to Canada to take advantage of the lower tax rate. As might be imagined, some people have been rather critical of this practice. President Obama has even asserted that such corporations are unpatriotic.

While listening to NPR a while back, I heard an interesting argument advanced by one of the guests. He began by noting how Mitt Romney had taken some flak for asserting that corporations are people. He then mentioned how Obama called the corporations that engage in corporate inversion unpatriotic. He then raised the point that criticizing corporations for being unpatriotic is to accept them as people. This does raise a somewhat interesting question about whether this is right or not.

In the United States, corporations are legally persons—and the Supreme Court seems to be committed to granting them all the advantageous and convenient rights of actual persons (while not saying anything about the fact that it is illegal to own persons in the United States). I have argued at length that corporations are not people and should not have that legal status—so I will not repeat those arguments here. However, I will obviously address the issue of whether a corporation can be called unpatriotic without the accuser being committed to the personhood of corporations.

On the side of corporate personhood, it could be argued that being unpatriotic (or patriotic) requires the sort of intentional and emotional mental states that only a person could possess. As such, if a corporation is unpatriotic, then it is a person.

Interestingly enough, this sort of language argument has been used by various philosophers such as Socrates and John Locke. In arguing for universals, Socrates (or Plato) would proceed from how one talks to an ontological commitment. In discussing personal identity, Locke took the fact that people use expressions such as a person not being themselves as evidence that someone in a normal state of mind can be a different person from someone in an abnormal state: “human laws not punishing the mad man for the sober man’s actions, nor the sober man for what the mad man did, thereby making them two persons: which is somewhat explained by our way of speaking in English, when we say such an one is not himself, or is beside himself; in which phrases it is insinuated, as if those who now, or at least first used them, thought that self was changed, the selfsame person was no longer in that man….”

The easy and obvious counter is that when someone refers to a corporation as being unpatriotic (or patriotic), she need not commit to the corporation itself being a person. Rather, the person is just using a shorthand expression in place of asserting that the people who decide to implement the inversion and make it happen are acting in (what is seen as) an unpatriotic way. To use an obvious analogy, if someone claims that a sports team is enthusiastic, the she is not committed to the team being a person—an entity over and above the players, coaches, etc. Rather, she is just using conversational shorthand to refer to the members of the team.  If such conversational shorthand expressed a commitment to personhood, then people would be routinely expressing commitments to a vast number of entities—thus dramatically swelling the ontology of persons. This seems both odd and unnecessary. Given the injunction of Occam’s razor, due care should be used when moving from how people speak to an ontological commitment. In the case of corporations and other groups, it would seem to suffice to attribute the mental states to the people that make them up rather than adding another entity to the matter. As such, the appeal to language argument for corporate personhood fails.

Thus, someone can claim that a corporation is unpatriotic (or patriotic) without being committed to corporate personhood. Just like a person can talk about team spirit without being committed to team personhood.

 

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The Worst Thing

Anselm of Canterbury was the first to attempt ...

Anselm of Canterbury (Photo credit: Wikipedia)

It waits somewhere in the dark infinity of time. Perhaps the past. Perhaps the future. Perhaps now. The worst thing.

Whenever something bad happens to me, such as a full quadriceps tendon tear, people always helpfully remark that “it could have been worse.” Some years ago, after that tendon tear, I wrote an essay about this matter which focused on possibility and necessity. That is, whether it could be worse or not. While the tendon tear was perhaps the worst thing to happen to me (as of this writing), I did have some bad things happen this summer and got to hear how things could have been worse. Since it seemed like a fun game, I decided to play along: when lightning took out the pine tree in front of my house I said “why, it could have been worse” and then was hit with inspiration: what would be the worst thing? The thing that which nothing worse can be conceived.

I can say with complete confidence that there must be such a thing. After all, just as there must be a tallest building, there must be the worst thing. But, of course, this would not be much of an essay if I failed to argue for this claim.

Interestingly enough, arguing for the worst thing is rather similar to arguing for the existence of a perfect thing (that is, God). Thomas Aquinas famously made use of his Five Ways to argue for the existence of God and most of these arguments relied on a combination of an infinite regress and a reduction to absurdity. For example, Aquinas argued from the fact that things move to the need for an unmoved mover on the grounds that an infinite regress would arise if everything had to be moved by something else. A regress argument with a reduction to absurdity will serve quite nicely in arguing for the worst thing.

Take any thing. To avoid the usual boring philosophical approach of calling this thing X, I’ll call this thing Troy. If Troy is the worst thing, then the worst thing exists. If Troy is not the worst thing, then there must be another thing that is worse than Troy. That thing, which I will call Sally, is either the worst thing or not. If Sally is the worst thing, then the worst thing exists and is Sally. If it is not Sally, there must be something worse than Sally. This cannot go on to infinity so there must be a thing that is worse than all other things—the worst thing. I’ll call it Dave.

The obvious counter is to throw down the infinity gauntlet: if there is an infinite number of things, there will not be a worst thing. After all, for any thing, there will be an infinite number of other things. As Leibniz claimed, the infinite number cannot be said to be even or odd, therefor in an infinite universe a thing could not be said to be worst.

One might be inclined to reject the infinity gauntlet—after all, even if there is an infinite number of things, each thing would stand in a relation to all other things and there would thus still be a worst thing.

Another obvious counter is to assert that there could be two or more things that are equally bad—that is, identical in their badness. As such, there would not be a worst thing.  A counter to this is to follow Leibniz once again and argue that there could not be two identical things—they would need to differ in some way that would make one worse than the other. This could be countered by asserting that the two might be different, yet equally bad. In this case, the response would be to follow the model used in arguing for the best thing (God) and assert that the worst thing would be worst in every possible respect and hence anything equally as bad would be identical and thus there would be one worst thing, not two. I suppose that this would have some consolation value—it would certainly be a scary universe that had multiple worst things.

Of course, this just shows that there is something that is worse than all other things that happen to be—which leaves open the possibility that it is not the worst thing in another sense of the term. So now I will turn to arguing for the truly worst thing.

Another way to argue for the worst thing is to use the model of St. Anselm’s ontological argument. Very crudely put, the ontological argument works like this: God is that which nothing greater can be conceived. If God only existed as an idea in the mind, a greater being can be conceived, namely God existing for real. Thus, God must exist.

In the case of the worst thing, it would be that which nothing worse can be conceived. If it only existed as an idea in the mind, a worse thing can be conceived, namely the worst thing existing for real. Thus, the worst thing must exist.

Another variant on the ontological argument can also be used here. A stock variant is that since God is perfect, He must exist. This is because if He did not exist, He would not be perfect. But He is, so He must. In the case of the worst thing, the worst thing must exist because it is the worst. This is because if it did not exist, it would not be the worst. But it is, so it does. This worst thing would be the truly worst thing (just as God is supposed to be the best thing).

This approach does, of course, inherit the usual difficulties of an ontological argument as pointed out by Gaunilo and Kant (that existence is not a quality). It would certainly be better for the universe and the folks in it for the critics to be right so that there is no worst thing.

 

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Terraforming Ethics

J’atorg struggled along on his motile pods, wheezing badly as his air sacs fought with the new air. He cursed the humans, invoking the gods of his people. Reflecting, he cursed the humans by invoking their gods. The gods of his people had proven weak: the bipeds had come and were transforming his world into an environment more suitable for themselves, showing their gods were stronger. The humans said it would take a long time for the world to fully change, but J’atorg could already see, taste and smell the differences. He did not know who he hated more: the hard-eyed humans who were destroying his world or the soft-eyed humans who poured forth words about “rights”, “morality” and “lawsuits” while urging patience. He knew that his people would die, aside from those the humans kept as curiosities or preserved to assuage their conscience with cruel pity.

English: Terraforming

English: Terraforming (Photo credit: Wikipedia)

Terraforming has long been a staple in science fiction, though there has been some practical research in more recent years.  In general terms, terraforming is transforming a planet to make it more earthlike. Typically, the main goal of terraforming is to make an alien world suitable for human habitation by altering its ecosystem. Since this process would tend to radically change a world, terraforming does raise ethical concerns.

The morally easiest scenario is one in which a lifeless, uninhabited (including non-living creatures) planet (or moon) is to be terraformed. If Mars is lifeless and uninhabited, it would fall into this category. The reason why this sort of scenario is the morally easiest is that there would be no beings on the world to be impacted by the terraforming. As such, there would be no rights violated, no harms inflicted, etc. As such, terraforming of such a planet would seem to be morally acceptable.

One obvious counter is to argue that a planet has moral status of its own, distinct from that of the sort of beings that might inhabit a world. Intuitively, the burden of proof for this status would rest on those who make this claim since inanimate objects do not seem to be the sort of entities that can be wronged.

A second obvious counter is to argue that an uninhabited world might someday produce inhabitants. After all, the scientific account of life on earth involves life arising from non-life by natural processes. If an uninhabited world is terraformed, the possible inhabitants that might have arisen from the world would never be.

While arguments from potentiality tend to be weak, they are not without their appeal. Naturally, the concern for the world in question would be proportional to how likely it is that it would someday produce inhabitants of its own. If this is unlikely, then the terraforming would be of less moral concern. However, if the world has considerable potential, then the matter is clearly more serious. To reverse the situation, we certainly would not have wanted earth to be transformed by aliens to fit themselves if doing so would have prevented our eventual evolution. As such, to act morally, we would need to treat other worlds as we would have wanted our world to be treated.

The stock counter to such potentiality arguments is that the merely potential does not morally outweigh the actual. This is the sort of view that is used to justify the use of resources now even when doing so will make them unavailable to future generations. This view does, of course, have its own problems and there can be rather serious arguments regarding the status of the potential versus that of the actual.

If a world has life or is otherwise inhabited (I do not want to assume that all inhabitants must be life in our sense of the term), then the morality of terraforming becomes more complicated. After all, the inhabitants of a world would seem likely to have some moral status. Not surprisingly, the ethics of terraforming an inhabited world are very similar to those of altering an environment on earth through development or some other means. Naturally enough, the stock arguments about making species extinct would come into play here as well. As on earth, the more complex the inhabitants, the greater the moral concern—assuming that moral status is linked to complexity. After all, we do not balk at eliminating viruses or bacteria, but are sometimes concerned when higher forms of life are at stake.

If the inhabitants are people (albeit non-human), then the matter is even more complicated and would bring into play the stock arguments about how people should be treated. Despite the ethical similarities, there are some important differences when it comes to terraforming ethics.

One main difference is one of scale: bulldozing a forest to build condos versus changing an entire planet for colonizing. The fact that the entire world is involved would seem to be morally significant—assuming that size matters.

There is also another important difference, namely the fact that the world is a different world. On earth, we can at least present some plausible ownership claim. Asserting ownership over and alien world is rather more problematic, especially if it is already inhabited.

Of course, it can be countered that we are inhabitants of this universe and hence have as good a claim to alien worlds as our own—after all, it is our universe. Also, there are all sorts of clever moral justifications for ownership that people have developed over the centuries and these can be applied to ownership of alien worlds. After all, the moral justifications for taking land from other humans can surely be made to apply to aliens. To be consistent we would have to accept that the same arguments would morally justify aliens doing the same to us, which we might not want to do. Or we could simply go with a galactic state of nature where profit is the measure of right and matters are decided by the space sword. In that case, we must hope that we have the biggest sword or that the aliens have better ethics than we do.

 

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Police, Protests & Rights

"Citizens protest police terror": De...

“Citizens protest police terror”: Demonstration against police brutality in Oppenheimer Park. (Photo credit: Wikipedia)

The shooting death of Michael Brown in Ferguson sparked a series of protests in the town. Not surprisingly, these protests led to additional incidents involving conflicts between the citizens and the police. Initially, the local police met the protestors like an invading army: many of the officers were in military grade combat gear and backed up by armored vehicles. As noted in my previous essay, this sort of approach is based on a common philosophy of order held by authorities. This philosophy of order is that perceived threats to the existing order are to be met with physical force—even when the perceived threat consists of citizens acting within their rights. One reason for this is practical—the state generally has an advantage over the citizens in terms of force. As Thoreau notes, “…the state never intentionally confronts a man’s sense, intellectual or moral, but only his body, his senses.  It is not armed with superior with or honesty, but with superior physical strength.” Another reason for this is conceptual—authorities are often similar to bullies in that their view of how to address problems mainly involves coercion rather than persuasion and reason. There is also a philosophical element—those in authority often seem to have a philosophical view about the rights of citizens that rather differs from that of the founders they so often praise when running for re-election. As this is being written, it is not yet know if Brown rights were violated. As noted in the previous essay, the officer might have used force legitimately. However, the response to the protests has been the systematic and repeated violation of rights. To begin with the most obvious violations of constitutional rights, the rights of free speech and assemble have been routinely violated by the police. The curfew is the most obvious example of these violations. The harassment and arrests of journalists also seem to be clear violations of the freedom of the press. Section 1 of the 14th amendment has also been relentlessly violated since citizens have been “deprived of life, liberty, or property, without due process of law” and citizens have been denied “the equal protection of the laws.” The violations of the 14th amendment are not limited just to the treatment of the protestors—the policing of Ferguson’s disproportionality clearly illustrates systematic violation of this amendment. Obviously, this is also a nationwide problem. There are also clear violations of internationally established human rights: the protestors are being shot with rubber bullets (admittedly this is better than being shot with metal bullets) and tear gas has been used. Those who accept natural rights, such as John Locke, would certainly agree that these rights are being violated in Ferguson. The most obvious being the right of liberty.  As such, the violations are not just a matter of violations of human law but also violations of natural rights (assuming there are such things). For those who prefer a more utilitarian approach to liberty, Mill’s utilitarian arguments would certainly support the claim that the state is violating the rights of the protestors in Ferguson. The conflict in Ferguson can thus be seen as having a significant connection to past struggles for liberty and rights. The most obvious link is that the protests are a continuation of the civil rights struggle of the 1960s. This struggle can, of course, be traced back to the development of the very notions of liberty and rights. As such, Ferguson is a recent battleground in the struggle for justice, rights and liberty. One obvious counter to this view is the claim that the police are justified because of the nature of the situation. People are looting, shooting and destroying property and the police are acting to protect the rights of life, liberty and property. This, of course, does require the use of force and it might appear that some rights are being violated in the keeping of order. This counter does have considerable underlying merit. The state does have an obligation to prevent protestors from violating the rights of other people. Being a protestor does not grant a person special rights to violate the rights of others, so a protestor who engages in unwarranted violence or other misdeeds can be justly stopped or arrested. There is also the obvious concern with people who use protests as an excuse to engage in or as cover for misdeeds such as looting. If the police arrest someone who has come to “protest” by stealing from local homes, they have not violated that person’s rights—he has no moral right to steal even if he claims that he is doing so as an act of protest. The easy reply to this counter is that the legitimate need to prevent the violation of rights does not justify violating those same rights. So, while the police have an obligation to keep protestors from committing crimes against life, liberty and property the police also have an obligation to not violate the rights of the protestors. I will freely admit that this can be challenging in practice since opportunists and criminals often mix in with actual protestors. However, if our society is supposed to respect rights, effort must be taken to ensure that these rights are protected—even (and especially) in heated moments. After all, rights are not just for corporations.   My Amazon Author Page My Paizo Page My DriveThru RPG Page

Ferguson, Police & Race

Police Lenco Bearcat CBRNE Armored Rescue Vehi...

 (Photo credit: Wikipedia)

On August 9, 2014 Michael Brown was shot to death by a police officer in Ferguson. Repeating an all too common pattern, Brown was unarmed when he was killed. While some claim that Brown was murdered, others claim that the shooting was justified because Brown was attacking the officer. While this might strike some as implausible, unarmed people do attack police officers and, though this might seem odd to some, an officer can be morally justified in using lethal force against an unarmed attacker. As this is being written, the facts of the matter have not been established so I do not know whether Brown was shot down in cold blood or in a legitimate use of force. Obviously enough, if the officer used force legitimately (that is, in defense against an unprovoked attack), then he acted in a morally acceptable (though regrettable) manner. If Brown was not a threat or if Brown was a threat but could have been subdued without killing him, then the shooting would be immoral. This is, of course, a matter of the ethics of the incident taken in isolation. That is, was the officer morally justified in shooting Brown or not, regardless of the broader context? Settling this will require knowing the facts of the matter. In discussing this matter, I have found that some people consider this aspect of the incident the most important one. That is, the critical issue is whether or not the officer was justified in shooting Brown or not. This view is clearly reasonable, but has an obvious defect: it does not consider the broader context. Roughly put, it could be the case that the officer was morally justified in shooting Brown in what could be regarded as the individual context of one person facing off against another. However, there is also the broader context that involves the social roles of the individuals, the social context, the history of race in America, the political context and so on. That is, the incident is not just a matter of two men who confronted each other. It is also a confrontation of class and race heavy with the weight of history. These considerations lead to the broader moral concerns regarding why Brown and the officer were in that situation. One obvious part of the answer is the history of race in America, both recent and in the more distant past. This history, as it has done so many times before, has set the stage for death. To state a truism, being black in America is generally rather different from being white—despite the untrue claims that America is post-racial. Since I look very white, my experience has been the white experience. However, I have taught at an HCBU (Historically Black College and University) since 1993 and this has given me a perspective somewhat different from most other white folks. One rather obvious difference between whites and blacks in general is how they tend to be treated by the police. It is a considerable understatement to say that blacks tend to be treated rather worse by the police and young black men tend to be singled out for some of the worst treatment. It is, of course, important to note that many police officers are decent people—one should no more stereotype people by profession than by race. Not surprisingly, young black men tend to look at the police rather differently than white folks and the dynamic between young black men and police is often a rather bad one. I have had indirect experience with this dynamic: many years ago I was training for a marathon with a fellow grad student who happened to be African American. While running through a neighborhood we apparently did not belong in, we were stopped by a cop who inquired what we “boys” were doing. I have never been fond of being called “boy” and my friend clearly hated it. Not wishing to be arrested so close to the race, I reigned in my pride and engaged my diplomatic skills while my friend stood in silent anger. The cop let us go and we left the area at a good clip. I am not sure how things would have gone if my friend had been alone—but I suspect it would have not gone quite so well. I have been stopped by police while running one other time and also while biking—although I was not doing anything illegal on any occasion. From these incredibly limited experiences, I can only imagine what it would be like to be subject to such police attention on a regular basis. Once again, to be fair to the police, I have also had many positive experiences with the police and it would be unjust to sweepingly condemn all police because of the actions of some. However, there is clearly a serious moral problem in America in this regard. Another obvious part of the answer is the philosophy of order held by many in power. While perhaps not familiar with Hobbes, they tend to operate in accord with his view of order and morality. The practical application of this view is that force is the primary (sometimes sole) tool in the toolbox of order.  The most visual manifestation of this is the militarization of the police: even small town police forces have combat gear and sometimes even armored vehicles. As Thoreau noted, “thus the state never intentionally confronts a man’s sense, intellectual or moral, but only his body, his senses.  It is not armed with superior with or honesty, but with superior physical strength.” That this approach leads to violence is hardly surprising. When the context of race is combined with a philosophy of force, it is hardly a surprise that violence and death are all too often the results. As such, even if the officer was justified in his individual actions, they were taken in a context that is fundamentally morally flawed.   My Amazon Author Page My Paizo Page My DriveThru RPG Page

Automation & Ethics

Suomi: Heronin aeolipiili Türkçe: Yunanlı mühe...

Suomi: Heronin aeolipiili Türkçe: Yunanlı mühendis Hero’nun yaptığı ilk örnek türbin (Photo credit: Wikipedia)

Hero of Alexandria (born around 10 AD) is credited with developing the first steam engine, the first vending machine and the first known wind powered machine (a wind powered musical organ). Given the revolutionary impact of the steam engine centuries later, it might be wondered why the Greeks did not make use of these inventions in their economy. While some claim that the Greeks simply did not see the implications, others claim that the decision was based on concerns about social stability: the development of steam or wind power on a significant scale would have certainly displaced slave labor. This displacement could have caused social unrest or even contributed to a revolution.

While it is somewhat unclear what prevented the Greeks from developing steam or wind power, the Roman emperor Vespasian was very clear about his opposition to a labor saving construction device: he stated that he must always ensure that the workers earned enough money to buy food and this device would put workers out of work.

While labor saving technology has advanced considerably since the time of Hero and Vespasian, the basic questions remain the same. These include the question of whether to adopt the technology or not and questions about the impact of such technology (which range from the impact on specific individuals to the society as a whole).

Obviously enough, each labor saving advancement must (by its very nature) eliminate some jobs and thus create some initial unemployment. For example, if factory robots are introduced, then human laborers are displaced. Obviously enough, this initial impact tends to be rather negative on the displaced workers while generally being positive for the employers (higher profits, typically).

While Vespasian expressed concerns about the impact of such labor saving devices, the commonly held view about much more recent advances is that they have had a general positive impact. To be specific, the usual narrative is that these advances replaced the lower-paying (and often more dangerous or unrewarding) jobs with better jobs while providing more goods at a lower cost. So, while some individuals might suffer at the start, the invisible machine of the market would result in an overall increase in utility for society.

This sort of view can and is used to provide the foundation for a moral argument in support of such labor saving technology. The gist, obviously enough, is that the overall increase in benefits outweighs the harms created. Thus, on utilitarian grounds, the elimination of these jobs by means of technology is morally acceptable. Naturally, each specific situation can be debated in terms of the benefits and the harms, but the basic moral reasoning seems solid: if the technological advance that eliminates jobs creates more good than harm for society as a whole, then the advance is morally acceptable.

Obviously enough, people can also look at the matter rather differently in terms of who they regard as counting morally and who they regard as not counting (or not counting as much). Obviously, a person who focuses on the impact on workers can have a rather different view than a person who focuses on the impact on the employer.

Another interesting point of concern is to consider questions about the end of such advances. That is, what the purpose of such advances should be. From the standpoint of a typical employer, the end is obvious: reduce labor to reduce costs and thus increase profits (and reduce labor troubles). The ideal would, presumably, to replace any human whose job can be done cheaper (or at the same cost) by a machine. Of course, there is the obvious concern: to make money a business needs customers who have money. So, as long as profit is a concern, there must always be people who are being paid and are not replaced by unpaid machines. Perhaps the pinnacle of this sort of system will consist of a business model in which one person owns machines that produce goods or services that are sold to other business owners. That is, everyone is a business owner and everyone is a customer. This path does, of course, have some dystopian options. For example, it is easy to imagine a world in which the majority of people are displaced, unemployed and underemployed while a small elite enjoys a lavish lifestyle supported by automation and the poor. At least until the revolution.

A more utopian sort of view, the sort which sometimes appears in Star Trek, is one in which the end of automation is to eliminate boring, dangerous, unfulfilling jobs to free human beings from the tyranny of imposed labor. This is the sort of scenario that anarchists like Emma Goldman promised: people would do the work they loved, rather than laboring as servants to make others wealthy. This path also has some dystopian options. For example, it is easy to imagine lazy people growing ever more obese as they shovel in cheese puffs and burgers in front of their 100 inch entertainment screens. There are also numerous other dystopias that can be imagined and have been explored in science fiction (and in political rhetoric).

There are, of course, a multitude of other options when it comes to automation.

 

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DBS, Enhancement & Ethics

Placement of an electrode into the brain. The ...

Placement of an electrode into the brain. The head is stabilised in a frame for stereotactic surgery. (Photo credit: Wikipedia)

Deep Brain Stimulation (DBS) involves the surgical implantation of electrodes into a patient’s brain that, as the name indicates, stimulate the brain. Currently the procedure is used to treat movement disorders (such as Parkinson’s disease, dystonia and essential tremor) and Tourette’s syndrome. Research is currently underway for using the procedure to treat neuropsychiatric disorders (such as PTSD) and there is some indications that it can help with the memory loss inflicted by Alzheimers.

From a moral standpoint, the use of DBS in treating such conditions seems no more problematic than using surgery to repair a broken bone. If these were the only applications for DBS, then there would be no real moral concerns about the process. However, as is sometimes the case in medicine, there are potential applications that do raise moral concerns.

One matter for concern has actually been a philosophical problem for some time. To be specific, DBS can be used to stimulate the nucleus accumbens (a part of the brain associated with pleasure). While this can be used to treat depression, it can also (obviously) be used to create pleasure directly—the infamous pleasure machine scenario of so many Ethics 101 classes (the older version of which is the classic pig objection most famously considered by J.S. Mill in his work on Utilitarianism). Thanks to these stock discussions, the ethical ground of pleasure implants is well covered (although, as always, there are no truly decisive arguments).

While the sci-fi/philosophy scenario of people in pleasure comas is interesting, what is rather more interesting is the ethics of DBS as a life-enhancer. That is, getting the implant not to use to excess or in place of “real” pleasure, but to just make life a bit better. To use the obvious analogy, the excessive scenario is like drinking oneself into a stupor, while the life-upgrade would be like having a drink with dinner. On the face of it, it would be hard to object if the effect was simply to make a person feel a bit better about life—and it could even be argued that this would be preventative medicine. Just as person might be on medication to keep from developing high blood pressure or exercise to ward off diabetes, a person might get a brain boost to ward off potential depression. That said, there is the obvious concern of abusing the technology (and the iron law of technology states that any technology that can be abused, will be abused).

Another area of concern is the use of DBS for other enhancements. To use a specific example, if DBS can improve memory in Alzheimer’s patients, then it could do the same for healthy people. It is not difficult to imagine some people seeking to boost their memory or other abilities through this technology. This, of course, is part of the general topic of brain enhancements (which is part of the even more general topic of enhancements). As David Noonan has noted, DBS could become analogous to cosmetic/plastic surgery: what was once intended to treat serious injuries has become an elective enhancement surgery. Just as people seek to enhance their appearance by surgery, it seems reasonable to believe that they will do so to enhance their mental abilities. As long as there is money to be made here, many doctors will happily perform the surgeries—so it is probably a question of when rather than if DBS will be used for enhancement rather than for treatment.

From a moral standpoint, there is the same concern that has long held regarding cosmetic surgery, namely the risk of harm for the sake of enhancement. However, if enhancing one’s looks via surgery is morally acceptable, then enhancing one’s mood, memory and so on should certainly be acceptable as well. In fact, it could be argued that such substantial improvements are more laudable than merely improving appearance.

There is also the stock moral concern with fairness: those who can afford such enhancements will have yet another advantage over those less well off, thus widening the gap even more. This is, of course, a legitimate concern. But, aside from the nature of the specific advantage, nothing new morally. If it is acceptable for the wealthy to buy advantages in other ways, this should not seem to be any special exception.

There is, of course, two practical matters to consider. The first is whether or not DBS will prove effective in enhancement. The answer seems likely to be “yes.” The second is whether or not DBS will be tarnished by a disaster (or disasters). If something goes horribly wrong in a DBS procedure and this grabs media attention, this could slow the acceptance of DBS. That said, horrific tales involving cosmetic surgery did little to slow down its spread. So, someday soon people will go in to get a facelift, a memory lift and a mood lift. Better living through surgery.

 

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