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The West vs. Islam?

Crusader 2015One popular narrative on the American right is that the West is engaged in a “clash of civilizations” with Islam. Some phrase it in terms of Islam being at war with the West, while some are willing to cast the war as being between the West and radical Islam (rather than all of Islam). Not surprisingly, the various terrorist groups that self-identify as Muslim would probably be quite pleased with this narrative: they also would like it to be a war between all of Islam and the West.

There are various psychological reasons to embrace this narrative. Seeing oneself on the side of good in an epic struggle with evil is certainly very appealing. This provides a person with meaning and a sense of significance that is so often lacking in modern life. There is also the lure of racism, bigotry and religious intolerance. These are strong motivating factors to regard those who are different as an implacable enemy—inferior in all ways, yet somehow demonically dangerous and devilishly clever.

There are also powerful motivations to get others to accept this narrative. Leaders can use it as political fuel to gain power and to justify internal oppression and external violence. It also makes an excellent distractor from other problems. As such, it is no surprise that both American politicians and terrorist leaders are happy to push the West vs. Islam narrative. Doing so serves both their agendas.

While the psychology and politics of the narrative are both very important, I will focus on discussing the idea of the West being at war with Islam. One obvious starting point is to try to sort out what this might mean.

It might seem easy to define the West—this could be done by listing the usual Western nations, such as the United States, France, Germany, Canada and so on. However, it can get a bit fuzzy in areas. For example, Turkey is predominantly Muslim, but is part of NATO and considered by some to be part of the Western bloc. Russia is certainly not part of the classic West, but is the target of terrorist groups. But, perhaps it is possible to just go with the classic West and ignore the finer points of this war.

Establishing the war is fairly easy. While many terrorist groups that claim to be fighting for Islam have declared open war on the West, the overwhelming majority of Muslims have not done so. As such, the West is only at war with some Muslims and not with Islam. Likewise, Islam is not at war with the West, but some Muslims are. Muslims are also at war with other Muslims—after all, Daesh (which likes to call itself “ISIS”) has killed far more Muslims than it has killed Westerners. The West could, of course, establish a full war on Islam on its own. For example, President Trump could get Congress to declare war on Islam.

There are, however, some obvious practical concerns about taking the notion of a war on Islam seriously. One concern is the fact that while the are some predominantly Muslim nations that are hostile to the United States (such as Iran and Syria), there are others that are nominal allies (such as Jordan, Pakistan, Iraq, Egypt, and Saudi Arabia) and even one that is part of NATO (Turkey). As such, a war against Islam would entail a war against these allies. That seems both morally and practically problematic.

A second concern is that many friendly and neutral countries have Muslim populations. These countries would probably take issue with a war against their citizens. There is also the fact that the United States has Muslim citizens and waging a war on United States citizens could also prove somewhat problematic both legally and practically. But perhaps Muslim Americans could be treated the way Japanese Americans were treated during WWII. That worked out great, so why not just repeat history? Donald Trump has laid out some of his thoughts on this matter, at least in regards to handling the war with Muslims in America. He has considered requiring Muslims to be registered in a special database and to identify their faith. As those who are familiar with history will remember, this sort of thing has been done before. While I am no constitutional scholar, this sort of thing would seem to be a clear violation of basic civil rights and is clearly immoral.

A third practical concern is determining the victory conditions for such a war. “Classic” war typically involves trying to get the opposing country to surrender or to at least agree to conditions that end the war. However, a war against a religion would seem to be inherently different. One rather awful victory condition might be the elimination of Islam, either through extermination or conversion. This sort of thing has been attempted against faiths and peoples in the past with varying degrees of “success.” However, such exterminations seem to be rather morally problematic—to say the least. Alternatively, Muslims might be rounded up and kept in concentrated areas where the West could observe them and ensure they did not engage in any hostilities against the West. This also seems rather impractical and morally horrifying.

Victory might be defined in less extreme ways, such as getting Islam to surrender and creating agreements to behave in ways that the West approves. This is, after all, how traditional wars end. There are, of course, many practical problems here. These would include the logistics of Islam’s surrender (since there is no unified leadership of Islam) and working out the agreements all across the world.

Or perhaps there is no actual intention to achieve victory: the war on Islam is simply used to justify internal suppression of rights and liberties, to manipulate voters, to ensure that money keeps flowing into the military-security complex, and to provide pretexts for military operations. As such, the war will continue until a more traditional opponent can be found to fill the role of adversary.  Russia seemed eager to get back into this role, but they now seem willing to take part in the war on terror.

One reasonable counter to the above is to insist that although the ideas of a war with Islam and a clash of civilizations are quite real, a more serious approach is a war with radical Islam rather than all of Islam. This narrower approach could avoid many of the above practical problems, assuming that our Muslim allies are not radicals and that our and allied Muslim citizens are (mostly) not radicals. This would enable the West to avoid having to wage war on allies and its own citizens, which would be rather awkward.

While this narrowed scope is an improvement, there are still some obvious concerns. One is working out who counts as the right sort of radical. After all, a person can hold to a very radical theology, yet have no interest in harming anyone else. But perhaps “radical Islam” could be defined in terms of groups that engage in terrorist and criminal acts that also self-identity as Muslims. If this approach is taken, then there would seem to be no legitimate justification for labeling this a war on Islam or even radical Islam. It would, rather, be a conflict with terrorists and criminals—which is as it should be.

There are some very practical reasons for avoiding even the “war on radical Islam” phrasing. One is that using the phrase provides terrorist groups with a nice piece of propaganda: they can claim that the West is at war with Islam, rather than being engaged in conflict with terrorists and criminals who operate under the banner of Islam. The second is that the use of the phrase alienates and antagonizes Muslims who are not terrorists, thus doing harm in the efforts to win allies (or at least to keep people neutral).

It might be objected that refusing to use “radical Islam” is a sign of political correctness or cowardice. While this is a beloved talking point for some, it has no merit as a serious criticism. As noted above, using the term merely serves to benefit the terrorists and antagonize potential allies. Insisting on using the term is a strategic error that is often driven by bravado, ignorance and intolerance. As such, the West should not engage in a war on Islam or even radical Islam. Fighting terrorists is, of course, another matter entirely. We should certainly put an end to Daesh and other such groups to protect the West and Muslims. And Western Muslims.


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Refugees & Terrorists

In response to the recent terrorist attack in Paris (but presumably not those outside the West, such as in Beirut) many governors have stated they will try to prevent the relocation of Syrian refugees into their states. These states include my home state of Maine, my university state of Ohio and my adopted state of Florida. Recognizing a chance to score political points, some Republican presidential candidates have expressed their opposition to allowing more Syrian refugees into the country. Some, such as Ted Cruz, have proposed a religious test for entry into the country: Christian refugees would be allowed, while Muslim refugees would be turned away.

On the one hand, it is tempting to dismiss this as mere political posturing and pandering to fear, racism and religious intolerance. On the other hand, it is worth considering the legitimate worries that lie under the posturing and the pandering. One worry is, of course, the possibility that terrorists could masquerade as refugees to enter the country. Another worry is that refugees who are not already terrorists might be radicalized and become terrorists.

In matters of politics, it is rather unusual for people to operate on the basis of consistently held principles. Instead, views tend to be held on the basis of how a person feels about a specific matter or what the person thinks about the political value of taking a specific position. However, a proper moral assessment requires considering the matter in terms of general principles and consistency.

In the case of the refugees, the general principle justifying excluding them would be something like this: it is morally acceptable to exclude from a state groups who include people who might pose a threat. This principle seems, in general, quite reasonable. After all, excluding people who might present a threat serves to protect people from harm.

Of course, this principle is incredibly broad and would justify excluding almost anyone and everyone. After all, nearly every group of people (tourists, refugees, out-of-staters, men, Christians, atheists, cat fanciers, football players, and so on) include people who might pose a threat.  While excluding everyone would increase safety, it would certainly make for a rather empty state. As such, this general principle should be subject to some additional refinement in terms of such factors as the odds that a dangerous person will be in the group in question, the harm such a person is likely to do, and the likely harms from excluding such people.

As noted above, the concern about refugees from Syria (and the Middle East) is that they might include terrorists or terrorists to be. One factor to consider is the odds that this will occur. The United States has a fairly extensive (and slow) vetting process for refugees and, as such, it is not surprising that of “745,000 refugees resettled since September 11th, only two Iraqis in Kentucky have been arrested on terrorist charges, for aiding al-Qaeda in Iraq.”  This indicates that although the chance of a terrorist arriving masquerading as a refugee is not zero, it is exceptionally unlikely.

It might be countered, using the usual hyperbolic rhetoric of such things, that if even one terrorist gets into the United States, that would be an intolerable disaster. While I do agree that this would be a bad thing, there is the matter of general principles. In this case, would it be reasonable to operate on a principle that the possibility of even one bad outcome is sufficient to warrant a broad ban on something? That, I would contend, would generally seem to be unreasonable. This principle would justify banning guns, nuts, cars and almost all other things. It would also justify banning tourists and visitors from other states. After all, tourists and people from other states do bad things in states from time to time. As such, this principle seems unreasonable.

There is, of course, the matter of the political risk. A politician who supports allowing refugees to come into her state will be vilified by certain pundits and a certain news outlet if even a single incident happens. This, of course, would be no more reasonable than vilifying a politician who supports the second amendment just because a person is wrongly shot in her state.  But, reason is usually absent in the realm of political punditry.

Another factor to consider is the harm that would be done by excluding such refugees. If they cannot be settled someplace, they will be condemned to live as involuntary nomads and suffer all that entails. There is also the ironic possibility that such excluded refugees will become, as pundits like to say, radicalized. After all, people who are deprived of hope and who are treated as pariahs tend to become a bit resentful and some might decide to actually become terrorists. There is also the fact that banning refugees provides a nice bit of propaganda for the terrorist groups.

Given that the risk is very small and the harm to the refugees would be significant, the moral thing to do is to allow the refugees into the United States. Yes, one of them could be a terrorist. But so could a tourist. Or some American coming from another state. Or already in the state.

In addition to the sort of utilitarian calculation just made, an argument can also be advanced on the basis of moral duties to others, even when acting on such a duty involves risk. In terms of religious-based ethics, a standard principle is to love thy neighbor as thyself, which would seem to require that the refugees be aided, even at a slight risk. There is also the golden rule: if the United States fell into chaos and war, Americans fleeing the carnage would want other people to help them. Even though we Americans have a reputation for violence. As such, we need to accept refugees.

As a closing point, we Americans love to make claims about the moral superiority and exceptionalism of our country. Talk is cheap, so if we want to prove our alleged superiority and exceptionalism, we have to act in an exceptional way. Refusing to help people out of fear is to show a lack of charity, compassion and courage. This is not what an exceptional nation would do.


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Taxing the 1% III: The Avoidance Argument

As noted in previous essays on this topic, those with the highest income in the United States currently pay about 1/3 of their income in taxes. Some on the left have proposed increasing the tax rate to 40% or even 45%. For the most part, conservatives oppose these proposed tax increases. This essay will look at the avoidance argument against this increase.

The gist of this argument is that the tax increase is pointless because the rich will simply find ways to nullify the increase. They might use already established methods or develop new ones, but (the argument goes) they will manage to avoid paying the increase.

This argument does has a certain appeal—after all, there is little sense in engaging in actions that will have no effect. As such, it would seem reasonable to leave things as they are, since this change would do exactly that—only at the cost of enacting ineffective legislation.

Despite this appeal, there are two key factual issues that need to be addressed. The first is the issue of whether or not the rich would try to avoid the tax increase. Some of the wealthy have at least claimed to favor higher tax rates, so they might elect to accept the increase. However, most people (be they rich or not) generally prefer to not pay more taxes. There is also the fact that many of the rich already do all they can to minimize their tax burden. There is no reason to think that a tax increase would change this behavior. As such, it is reasonable to infer that most of the rich would try to minimize the impact of the tax increase.

The second factual issue is whether or not the rich would be able to nullify the tax increase. Or, if they cannot completely nullify it, the focus would be on determining the degree of nullification. One approach to this question is to consider that if the rich are concerned about the tax increase, then this indicates that it would affect them. After all, people generally do not worry about things they believe will not affect them.

A reasonable counter to this is that while the rich will be affected by the tax increase, their concern is not that they will be paying more taxes, but that avoiding the increase will cost them. For example, they might have to pay lawyers or accountants to enable them to neutralize the increase.  Or they might need to lobby or “donate” to politicians. Some even claim that the rich would be willing to expend considerable resources to mitigate the tax increase—if this expenditure would be lower than what paying the increase would cost them, then this approach could be rational. It could even be claimed that some might be willing to pay more to avoid the taxes than the taxes would cost them, perhaps as a matter of principle. While this sounds odd, it is not inconceivable.

Another approach is to consider how effectively the rich avoid existing taxes. Even if they are somewhat effective at doing so, the increase could still impact them and thus generate more tax revenue (which is the point of the tax increase). As such, an increase could be effective in regards to the stated goal of increasing revenue.

In addition to the factual issues, there is also the issue of whether or not the principle that underlies this argument is a good principle. The principle is that if people will be able to avoid a law (or policy), then the law should not be put in place.

As noted above, this principle does have a pragmatic appeal: it seems irrational to waste time and resources creating laws or policies that will simply be avoided. This sort of avoidance argument is also used against proposed bills aimed at gun control. Interestingly enough, many of those who use the avoidance argument in regards to gun control do not accept this same argument when it comes to attempts to limit abortion or to keep marijuana illegal. This is as should be expected: people tend to operate based on preferences rather than on consistent application of principles.

One possible response is that if a law is worth having, then steps should be taken to ensure that people cannot simply avoid it. If it was found that some people were able to get away with murder, then the morally right reaction would not be to simply give up on the law. The correct reaction would be to ensure that they could not get away with murder. Naturally, it can be argued that the tax increase would not be a law worth having—but that is a different argument distinct from the avoidance argument being addressed here.

A second possible response is to reject the consequentialist approach and take the approach that the fact that people will be able to avoid a law or policy is not as important as the issue of whether or not the law or policy is right. Some people take this approach to drug laws: they accept that the laws are ineffective, but contend that since drug use is immoral, it should remain illegal. As always, consistency is important in these matters: if the principle that moral concerns trump the pragmatic concerns is embraced, then that principle needs to be applied consistently in all relevantly similar cases. If the principle that the pragmatic should trump the moral is accepted, then that needs to be applied consistently to all relevantly similar cases. While the issue of whether such a tax increase is morally right or not is important, my concern here is with the avoidance argument. But, if the tax increase is not the right thing to do and the rich would just avoid it, then imposing it would be both wrong and a bad pragmatic choice.


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Performance Based Funding & Disadvantaged Students

As I have discussed in previous essays, Florida state universities now operate under a performance based model of funding and Florida A&M University (FAMU), my university, has performed poorly in regards to the state standards. One area of poor performance is the six-year graduation rate. Another is student loan debts, both in terms of the debt accrued and the default rate. Currently, it has been claimed that FAMU students default on their loans at three times the state average. It has been claimed that one explanation for this poor performance is that FAMU accepts students who are ill-prepared for a four year university. It has also been suggested that such students would be better served by community colleges.

I will not dispute the claim that FAMU admits some students who are ill-prepared for a four year university. This is because the claim is true. One reason it is true is because FAMU has had an historical mission of providing an opportunity for the disadvantaged. One part of this mission is shown by the fact FAMU is an HBCU (Historically Black College and University). Before desegregation, HBCUs provided almost the only higher education opportunities for African-Americans. After the end of legal segregation, HBCUs still served a vital role in providing such opportunities. As predominantly white colleges (PWCs, also known as Predominantly White Institutions or PWIs) became more integrated, people began to argue that this old mission of HBCUs was no longer relevant. After all, if black students can attend any school they wish and racism is no longer a factor, then one might say “mission accomplished.” Unfortunately, as I discussed in my essay on performance based funding and race, race is still a significant factor in regards to economic and academic success. As such, while the dismantling of some barriers to education is to be lauded, many more still remain. Among these are numerous economic barriers.

While it could be argued that FAMU no longer has a mission to offset racism in America by offering educational opportunities to African Americans, FAMU has also had a longstanding mission of serving the economically disadvantaged. Students who come from a background of economic and academic disadvantage (these are almost always tightly linked) face many challenges to graduating and, not surprisingly, are more likely to have student debt. It is well worth considering why disadvantaged students generally perform worse than other students.

One rather obvious factor is that students from poor schools (which tend to be located in economically disadvantaged areas) will face the challenge imposed by being poorly prepared for college. While individuals can overcome this through natural talent and special effort, this poor preparation is analogous to a weight chained to a runner’s leg—she will have to run so much harder to go as fast as others who are not dragging such a burden.

Another especially disturbing factor is that poverty has been found to negatively impact brain development as well as academic performance. Poverty is quite literally damaging American children and thus doing harm to the future of America. Unfortunately, for many politicians the concern regarding children seems to end at birth, so this problem is unlikely to be seriously addressed in the existing political climate.

A third factor is that disadvantaged students, being disadvantaged, generally need to borrow more money than students from wealthier backgrounds. This entails more student debt on the part of the disadvantaged. It also creates a rather vicious scenario: a student who needs to take out loans is more likely to end up with financial challenges in school. A student who is challenged financially is more likely to drop out than a student who is not. Students who drop out are more likely to default on student loans. This provides a rather clear explanation of why disadvantaged students have low completion rates, high debts and high default rates.

As might be expected, seventy percent of African American students say that student debt is their main reason for dropping out. In contrast, less than fifty percent of white students make this claim. This is quite consistent with my own study of student performance: over the course of my study, the primary reason for missing class was work and the main reason students gave for not graduating was financial.

In terms of why students are taking out more and larger loans than any time in United States history, there are some easy and obvious answers. One is the fact that incomes for all but the wealthiest have, at best, stagnated for nearly thirty years—as such people have less money to spend on college and thus need to take out loans. Students also need to work more in college, which can make attending class and completing work challenging.

A second is the fact that state funding for education has dropped substantially as a result of both ideology and the great recession. Even after the broader economy rebounded, education funding was not restored and some states continued to cut funding. With less state funding, universities raised tuition and this, naturally enough, has led to an increased need for students to work more (which impacts graduation rates) and take out loans—which leads to debt. It is a cruel irony that the very people who have cut education funding judge schools by how well they handle the problems such cuts have created or acerbated. To use an analogy, this is like taking a runner’s shoes, striking her legs with a baton and then threatening to do more damage unless she runs even faster than before. This is madness.

Given the factors discussed above, it should hardly be surprising that a school, such as FAMU, that intentionally enrolls disadvantaged students will perform worse than schools who do not have such a mission. Since FAMU’s funding is linked to its performance, it is rather important to consider solutions to this situation.

The state legislature could address this problem in various ways. One approach would be to address the economic and academic inequality that creates disadvantaged students. This, however, seems extremely unlikely in the present political climate.

A second approach would be to restore the education funding that was cut (or even increase it beyond that). However, the current ideological commitment is to cutting education funding while, at the same time, expressing shocked dismay at greater student debt and punishing schools for not solving this problem by taking away even more money. As such, it seems reasonable, though rather unfortunate, to dismiss the state legislature as a source of solutions and instead regard them as a major part of the problem.

For schools such as FAMU, one option is to change the mission of the school to one that matches the views of those providing oversight of the schools. This revised mission would not include providing opportunities to the disadvantaged. Rather, it would involve improving the graduation and debt numbers by ceasing to admit disadvantaged students. On the plus side, this would enable FAMU to improve its performance relative to the goals imposed by the legislature that helped create the student debt crisis and helped lower graduation rates. However, the performance based funding system imposed by the state must have losers, so even if FAMU improved, it might not improve enough to push some other schools to the bottom.  Even if it does improve, it would merely shift the punishment of the state to some other school—which is certainly morally problematic (rather like the old joke about not needing to outrun the bear, just one other person).

On the minus side, abandoning this historic mission of providing opportunity to the disadvantaged would mean abandoning people to the mire of poverty and the desert that is a lack of opportunity. As a professor who teaches ethics, this strikes me as morally reprehensible—especially in a country whose politicians cry endlessly about opportunity, economic mobility and the American Dream.

As has been well-established by history, a college degree is a way to achieve greater economic success and it has been a ladder out of poverty for many previous generations of Americans. To kick away this ladder would be to say that the American Dream is only for those lucky enough to already be well off and the rest can simply stay at the bottom. This could be done, but if it is done, then we must no longer speak of this being a land of opportunity for everyone.

It might be countered that, as was suggested, the disadvantaged students could attend a two-year college. While this idea has become something of a talking point, the evidence shows that it is actually not a low cost, low debt option for students. Because of higher education costs and reduced state support, disadvantaged students will still need to take out loans to attend such schools and will face the same general challenges they would face at a four-year institute.

It could also be countered that enrolling disadvantaged students does not actually help them. After all, if they do not graduate and end up accumulating considerable debt, then it could be argued they would have been better off never making the attempt. They could, instead, go straight to work right out of high school (or complete some technical training). The money that would have been spent on them could be spent on students more likely to succeed (because they already enjoy advantages).

While I am committed to the value of education, this is a point well worth considering. If an objective and fair assessment of the data shows that disadvantage students are worse off when they attempt a four-year degree, then it would make no sense to admit such students. However, if the data shows that providing such students with this opportunity does provide positive benefits, then it would seem a good idea to continue to offer people a chance to escape to a better future from a disadvantaged past. This is, of course, a matter of value—how much is it worth to society to provide such opportunities and at what point should we, as a people, say that the cost is too high to give our fellow Americans an opportunity? Or, put another way, how much are we willing to spend to be able to speak about the American Dream without speaking lies?


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When Trump first threw his hair into the ring, many pundits and comedians assumed his campaign would be a short-lived (but extremely funny) misadventure in political theater. However, Trump has not only managed to stay in the fight, he seems to be winning. As this is being written Donald Trump enjoys a commanding lead over the other Republican candidates. He is even closing on the Democrats’ presumed nominee, Hilary Clinton.

While the specifics of Trump’s adventures are not particularly philosophical, his success does provide a foundation for a discussion of the state of American politics. To be honest, though, I just want to write about Trump. Like everyone else.

As a general rule, when a serious political candidate engages in gaffes (especially involving race or gender), the result is often a career ending injury. At the very least, the politician’s handlers get him (or her) into damage control: there are walk backs, clarifications, insincere apologies and all the usual spin. Interestingly, Trump has claimed that Mexico is sending criminals and rapist to America (though there are some good people) and that war hero John McCain is not a hero. Trump has an interesting track record of saying awful things about women and created a stir with his remarks about Megyn Kelly. While pundits and comedians expected these sort of things to damage Trump’s standing, they seem to have contributed to his success.

One reason that these remarks might not have harmed Trump is that they are exactly the sort of things people should expect Trump to say—Trump has been a media star for decades and his ways should surprise no one at this point. To use an analogy, if your rabidly socialist cousin Sarah starts ranting about corporations after she has knocked back several glasses of Merlot at Thanksgiving, you would not be surprised at all. That is what Sarah has done and what Sarah will do, at least until the workers’ revolution. If your Wall Street financier cousin Laura started ranting about the evils of money and corporations, then you would be very surprised. So, one lesson from this is that politicians who have established media personalities clearly suffer little from remaining in character. After all, they are doing exactly what they do and if it has not hurt them much yet, it probably will not cause undo damage now.

Trump’s remarks seem to have actually helped him. One possible reason for this is that there is probably a significant number of Americans, especially conservatives, who are tired of politics as usual. While all the insider Republican candidates claim to be opposed to politics as usual, their words do not match their engaging in politics as usual. Trump, in contrast, is not engaging in politics as usual. As noted above, he does not walk back his comments and even his expression of regret is more of a “sorry, not sorry” than an actual apology. Ironically, Trump is delivering on what is but an empty promise from other politicians and they seem rather confused as to why he is doing so well. It seems to have something to do with the fact that he is spiking the ball they set up with their words.

While most Americans are now very uncomfortable about overt racism, there is a significant percentage of the population that is rather worried about the fact that the United States will soon cease to be a majority white nation. While the other Republicans skirt around this concern with talk about border security and immigration, Trump is not afraid to lay out an immigration plan that addresses this directly. His opposition to birthright citizenship, a core component of American values, is a clear statement of this view. While such straight talk is avoided by the other Republicans, in part because they wish to court the Latino and Hispanic votes, Trump is merely pulling away the veil to reveal what seems to be a very real concern of many conservatives. While this might make it harder for him to win in the general election, it seems to be working quite well with many Republicans. There are, after all, many people who say things like “I’m not racist, it is just that Mexicans and blacks are more likely to commit crimes and they are not as capable as whites” and sincerely believe what they say.

While most Americans are also quite uncomfortable with overt sexism, there is clearly a significant percentage of the population that is fine with women having a lower status relative to men. At the very least, they are quite comfortable with casual sexism. A significant number of conservatives are opposed to equal pay for women (on the grounds that while it is fine to impose things like transvaginal ultrasounds and abortion waiting periods on women, it is wrong to impose on employers) and other matters relating to women’s rights. As such, it hardly surprising that Trump is doing well. While the other candidates do endeavor to appear to be pro-life and against compelling businesses to provide pay equity or maternity leave for women, they generally avoid harsh engagements with women. Trump, however, engaged Megyn Kelly head on, thus earning more ire from women. While this did give the one female Republican candidate a boost, it also seems to have helped Trump. After all, he is open in his views of women and this sort of sincerity is no doubt quite appealing to conservatives who wish they had the Trumps to say the same things. These are the sort of folks who say things like “I’m not a sexist, but women are just not as capable as men and paying them the same as men for the same work would violate the freedom of employers. But I’m sort of fine with transvaginal ultrasounds. And yes, Viagra should be covered by insurance, but not birth control.”

One thing that really strikes me about Trump is that he has shown that he is clearly willing to fight with certain parts of Fox News. This has, as might be imagined, surprised many of the pundits. After all, Fox News has long enjoyed its position as one of the masters of the Republican Party and it would seem insane for a Republican to spat with Fox. That was, after all, Jon Stewart’s job. Accusing the “lame stream” media of bias and asking “gotcha questions” has been the job of Republicans and the conservative media.

One reason Trump can go after parts of Fox is that he is a media star in his own right—the networks simply cannot not cover his Trumpings. Other candidates have to maintain good relations with Fox and at least be somewhat tolerable to the other major media channels.

Another reason Trump can engage in fights with the media, including some parts of Fox, is that he is exploiting a narrative created by conservatives and, rather ironically, the right-leaning media (such as Fox). Fox, Republican politicians and folks like Rush Limbaugh have railed against the media for being a filter, for being biased, and for having an agenda. They crafted a narrative of being against the “lame steam” media, but these attacks seem to have had the effect of generating the potential for hostility against all media. So, Trump is able to make the claim that he is being mistreated by the media and being subject to unfair questions. The irony is that he is using the conservative and Fox narrative about the media against Fox News.

Since Fox and the others crafted a fine sword calculated to cut the media, it should not be surprising that Trump has taken up this blade and turned it against those who hoped to use him as a viewership generator. Unless, of course, this is all part of a plan: a manufactured battle to generate even more viewership.

Given all these factors, it should not be surprising that Trump is doing well. Despite this, most serious pundits claim that Trump will not be the Republican candidate. And, they say, even if he were he could still not win the general election.

While Trump could blow up, implode or get tired of the game, he could also maintain his success and take the nomination. He could even win the presidential election. Here is how it might go down.

First, voter turnout in the United States is low—most potential voters do not vote. Many of these voters would probably vote Democrat while many of the folks who reliably vote tend to be more conservative. The Republicans have also been busy making it harder for those likely to support Democrats to vote. This is done under the guise of fighting the all but non-existent voter fraud. While the impact of these laws will probably be less than liberals fear, they will still have an impact—far more the mostly make-believe voter fraud that Republicans profess to fear (as they deny vast amounts of evidence for climate change).

Second, there is the Hillary Factor. While Hillary Clinton is popular with many Democrats and independents, this popularity has been eroded—in part due to the issue of the private email server. Clinton’s supporters will certainly lack the fire of Obama’s supporters—though a more charismatic and likeable female candidate could probably fire up supporters to a degree on par with how Obama motivated people in 2008. But, while Hillary is a woman, she seems to be just another politician who happens to wear pantsuits rather than pants.

The growing popularity of Bernie Sanders might require Hillary to go left to win the primaries or even have him as her vice presidential candidate. Since Bernie is an avowed socialist and most actual voters are moderates, this could push people who would otherwise vote for the Democrat to vote for Trump or not vote (which would help Trump). While many Republicans would probably admit in private that Hillary Clinton would be a much better president than Trump, the majority of them would vote for Trump over Hillary—and certainly over Bernie Sanders. As such, a combination of voter apathy and a dislike of Clinton could make Trump the next President of the United States. So, America, prepare for some Quality.


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Race & Performance Based Funding

Florida, like some other states, has imposed performance based funding on its state universities. The basic idea is that each state school is evaluated by ten standards and then the schools are ranked. The top schools are rewarded and the bottom schools are punished.

As a runner and a professor, I certainly get the idea of linking rewards to performance. As a runner, I believe that better performance merits the better awards (be it a gold medal, a fat stack of cash, or a ribbon). As a professor, I believe that performance merits the better grades and that poor performance merits the corresponding lower grades. However, I also recognize the importance of fairness.

In the case of running, a fair race requires that everyone must compete on the same course and under the same conditions. The age and gender of the runners is also taken into account when assessing performance and there are even age-graded performance formulas to take into account the ravages of time.

In the case of grading, a fair class requires that everyone is required to do the same work, receives the same support from the professor, and that the assessment standards are the same. Fairness also requires that special challenges faced by some students are taken into account. Otherwise, the assessment is unjust.

The same applies to performance based funding of education. If the goal is to encourage better performance on the part of all the schools, the competition needs to be fair. Going with a classroom analogy, if a student knows that the class is rigged against her, she is not likely to be motivated to do her best. There also seems to be an obvious moral requirement that the assessment be fair and this would require considering the specific challenges that each school faces. Laying aside the normative aspects, there is also the matter of accuracy: knowing how well a school in performing requires considering what challenges it had to overcome.

While all the schools operate within the state of Florida and face similar challenges, each school also faces some special challenges. Because of this, a proper and just assessment of a schools performance (how well it does in educating students, etc.) should reflect these challenges. To simply impose standards that fail to consider these challenges would be unfair and would also yield an inaccurate account of the success or failure of the school.

Consider the following analogy: imagine, if you will, that the Pentagon adopted a performance based funding model for military units using various standards such as cost of operations, causalities, how well the units got along with the locals and so on. Now imagine that the special challenges of the units were not properly considered so that, for example, a unit operating in the deserts of Iraq fighting ISIS was assessed the same way as a unit stationed in Kentucky. As might be imagined, the unit in Iraq would certainly be assessed as performing worse than the unit stationed in Kentucky. The unit in Kentucky would presumably cost less per person, have far fewer causalities, and get along much better with the locals. As such, the unit fighting ISIS would find itself in funding trouble since its performance would seem rather worse than the unit in Kentucky. Of course, this approach would be irrational and unfair—the unit fighting ISIS might be performing extremely well relative to the challenges it faces. The same, it would seem, should hold for schools. Turning back to performance based funding, I will consider the relevant standards and how they are unfair to my school, Florida A&M University.

Florida A&M University is an HBCU (Historically Black Colleges and Universities) and is still predominantly African-American. The school also prides itself on providing educational opportunities to students who have been denied such opportunities as well as those who are first generation college students. Put roughly, we have many African-American students and a large number of students who are burdened with economic and educational baggage.

As I have mentioned in a previous essay, FAMU fared poorly under the state’s standards. To be fair, we honestly did do poorly in regards to the state’s standards. However, there are the important questions as to whether the standards are fair and whether or not the assessment of our performance is accurate.

On the one hand, the answer to both questions can be taken as “yes.” The standards apply to all the schools and the assessment was accurate in terms of the results. On the other hand, the answer is also “no”, since FAMU faces special challenges and the assessment fails to take these into account. To use a running analogy, the situation is like comparing the true 5K times of various runners. This is fair and accurate in that all runners are using their 5K times and the times are accurate. However, if some runners had to run hilly trails and others did their 5Ks on tracks, then the competition would not be fair. After all, a slower 5K on a hilly trail could be a much better performance than a 5K on a track.

To get directly to the point, my claim is that FAMU faces the special challenge of racism and the legacy of racism. This, I contend, means that FAMU is being assessed unfairly in terms of its performance: FAMU is running hills on a trail while other schools are enjoying a smoother run around the track. In support of this claim, I offer the following evidence.

One standard is the Percent of Bachelor’s Graduates Employed and/or Continuing their Education Further. A second is the Average Wages of Employed Baccalaureate.  The third is the Six Year Graduation Rate and the fourth is the Academic Progress Rate (2nd Year Retention with GPA Above 2.0). These four break down into two general areas. The first is economic success (employment and wages) and the second is academic success (staying in school and graduating). I will consider each general area.

On the face of it, retention and graduation rates should have no connection to race. After all, one might argue, these are a matter of staying in school and completing school which is a matter of personal effort rather than race.

While I do agree that personal effort does matter, African-American students face at least two critical obstacles in regards to retention and graduation. The first is that African-American students are still often victims of segregation in regards to K-12 education and receive generally inferior education relative to white students. It should be no surprise that this educational disadvantage manifests itself in terms of retention and graduation rates. To use a running analogy, no one would be surprised if the runners who were poorly trained and coached did worse than better trained and coached runners.

The second is economic, which ties directly into the standards relating to economic success. As will be shown, African-Americans are far less well off than other Americans. Since college is expensive, it is hardly surprising that people who are less well-off would have a harder time remaining in and completing college. As I have discussed in other essays, the main (self-reported) reason for students being absent from my classes is for work and there is a clear correlation between attendance and class performance. I now turn to the unfairness of the state’s economic success standards.

While I do not believe that the primary function of the state university is to train students to be job fillers for the job creators, I do agree that it is reasonable to consider the economic success of students when evaluating schools. However, assessing how much the school contributes to economic success requires considering the starting point of the students and the challenges they will face in achieving success.

To be blunt, race is a major factor in regards to economic success in the United States. This is due to a variety of historical factors (slavery and the legacy of slavery) and contemporary factors (persistent racism). These factors manifest themselves quite clearly and, as such, the relatively poor performance of African-American graduates from FAMU is actually what should be expected.

In regards to employment, the University of Chicago conducted a study aimed at determining if there is racial bias in hiring. To test this, the researchers responded to 1,300 job advertisements with 5,000 applications. They found that comparable resumes with white sounding names were 50% more likely to get called for an initial interview relative to those with more African-American sounding names. The researchers found that white sounding applications got call backs at a rate of 1 in 10 while for black sounding names it was 1 in 15. This is clearly significant.

Interestingly, a disparity was also found in regards to the impact of experience and better credentials. A white job applicant with a higher quality application was 30% more likely to get a call than a white applicant with a lower quality application. For African-Americans, the higher quality application was only 9% more likely to get a call than a lower quality black application.

This disparity in the hiring process seems to help explain the disparity in employment. For whites, the unemployment rate is 5.3% and it is 11.4% for blacks. As such, it is hardly surprising that African-American students from FAMU are doing worse than students from schools that are mostly white.

Assuming that this information is accurate, this means that FAMU could be producing graduates as good as the other schools while still falling considerably behind them in regards to the employment of graduates. That is, FAMU could be doing a great job that is getting degraded by racism. As such, the employment assessment would need to be adjusted to include this factor. Going with the running analogy, FAMU’s African-American graduates have to run uphill to get a job, while white graduates get to run on much flatter course.

In addition to employment, a graduate’s wages is also one of the standards used by the state. FAMU fared poorly relative to the other schools here as well. However, this is also exactly what should be expected in the United States. The poverty rate for whites is 9.7% while that for blacks it is 27.2%. The median household wealth for whites is $91,405 and for blacks $6,446. Blacks own homes at a rate of 43.5% while whites do so at 72.9%. Median household income is $35,416 for blacks and $59,754 for whites. As such, it would actually be surprising if African American graduates of FAMU competed well against the statistics for predominantly white schools.

It might be contended that these statistics are not relevant because what is of concern is the performance of African-American college graduates and not the general economic woes of African-Americans. Unfortunately, college education does not close the racial wealth gap.

While the great recession had a negative impact on the wealth of most Americans, African-Americans with college degrees were hits surprisingly hard: there net worth dropped 60% from 2007 to 2013. In contrast, whites suffered a decline of 16% and, interestingly, Asians saw a slight increase. An analysis of the data (and data going back to 1992) showed that black and Hispanics had more assets in housing and more debts and these were major factors in the loss of wealth (the burst of the housing bubble crashed house values). In terms of income, researchers take the main causes of the disparity to include discrimination and career choices. In addition to the impact on salary, this wealth disparity also impacts retention and graduation rates. As such, the state is right to focus heavily on economics—but the standards need to consider the broader economic reality as well.

It is reasonable to infer that the main reason that FAMU fares worse in these areas is due to factors beyond the control of the school. Most of our students are black and in the United States, discrimination and enduring historical factors blacks do far worse than whites. As such, these poor numbers are more a reflection of the poor performance of America than on the performance of Florida A&M University. Because of this, the standards should be adjusted to take into account the reality of race in America.


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Is Pro-Life a Cover for Misogyny?I: Preliminaries

Anti abortion rally in Washington, D.C. Decemb...

(Photo credit: Wikipedia)

During a recent discussion, I was asked if I believed that a person who holds to the pro-life position must be a misogynist. While there are misogynists who are pro-life, I hold to what should be obvious: there is no necessary connection between being pro-life and being a misogynist. A misogynist hates women, while a person who holds a pro-life position believes that abortion is morally wrong. There is no inconsistency between holding the moral position that abortion is wrong and not being a hater of women. In fact, a pro-life person could have a benevolent view towards all living beings and be morally opposed to harming any of them—thus including zygotes and women.

While misogynists would tend to be anti-choice because of their hatred of women, they need not be pro-life. That is, hating women and wanting to deny them the choice to have an abortion does not entail that a person believes that abortion is morally wrong. For example, a misogynist could be fine with abortion (such as when it is convenient to him) but think that it should be up to the man to decide if or when a pregnancy is terminated. A misogynist might even be pro-choice for various reasons; but almost certainly not because he is a proponent of the rights of women.  As such, there is no necessary connection between the two views.

The discussion then turned to the question of whether or not a pro-choice position is a cover for misogyny. The easy and obvious answer is that sometimes it is and sometimes it is not. Since it has been established that a person can be pro-life without being a misogynist, it follows that being pro-life need not be a cover for misogyny. However, it can obviously provide cover for such a position. It is rather easier to sell the idea of restricting abortion by making a moral case against it than by expressing hatred of women and a desire to restrict their choices and reproductive option. Before progressing with the discussion it is rather important to address two points.

The first point is that even if it is established that a pro-life/anti-abortion person is a misogynist, this does not entail that the person’s position on the issue of abortion is in error. To reject a misogynist’s claims or arguments regarding abortion (or anything) on the grounds that he is a misogynist is to commit a circumstantial ad hominem.

This sort of Circumstantial ad Hominem involves substituting an attack on a person’s circumstances (such as the person’s religion, political affiliation, ethnic background, etc.) for reasons against her claim. This version has the following form:

  1. Person A makes claim X.
  2. Person B makes an attack on A’s circumstances.
  3. Therefore X is false.

A Circumstantial ad Hominem is a fallacy because a person’s circumstances (religion, political affiliation, etc.) do not affect the truth or falsity of the claim. This is made quite clear by the following example: “Bill claims that 1+1 =2. But he is a Republican, so his claim is false.” As such, to assert that the pro-life position is in error because some misogynist holds that view would be an error in reasoning.

A second important point is that a person’s consistency or lack thereof in regards to her principles or actions has no relevance to the truth of her claims or the strength of her arguments. To think otherwise is to fall victim to the ad hominem tu quoque fallacy. This fallacy is committed when it is concluded that a person’s claim is false because 1) it is inconsistent with something else a person has said or 2) what a person says is inconsistent with her actions. This type of “argument” has the following form:

  1. Person A makes claim X.
  2. Person B asserts that A’s actions or past claims are inconsistent with the truth of claim X.
  3. Therefore X is false.

The fact that a person makes inconsistent claims does not make any particular claim he makes false (although of any pair of inconsistent claims only one can be true—but both can be false). Also, the fact that a person’s claims are not consistent with his actions might indicate that the person is a hypocrite but this does not prove his claims are false.

A person’s inconsistency also does not show that the person does not believe her avowed principle—she might simply be ignorant of its implications. That said, such inconsistency could be evidence of hypocrisy. While sorting out a person’s actual principles is not relevant to logical assessment of the person’s claims, doing so is clearly relevant to many types of decision making regarding the person. One area where sorting out a person’s principles matters is in voting. In the next essay, this matter will be addressed.

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HitchBOT & Kant

Dr. Frauke Zeller and Dr. David Smith created HitchBOT (essentially a solar powered iPhone in an anthropomorphic shell) and sent him on trip to explore the USA on July 17, 2015. HitchBOT had previously successfully journey across Canada and Germany. The experiment was aimed at seeing how humans would interact with the “robot.”  He lasted about two weeks in the United States, meeting his end in Philadelphia. The exact details of his destruction (and the theft of the iPhone) are not currently known, although the last people known to be with HitchBOT posted what seems to be faked “surveillance camera” video of HitchBOT’s demise. This serves to support the plausible claim that the internet eventually ruins everything it touches.

The experiment was certainly both innovative and interesting. It also generated questions about what the fate of HitchBOT says about us. We do, of course, already know a great deal about us: we do awful things to each other, so it is hardly surprising that someone would do something awful to the HitchBOT. People are killed every day in the United States, vandalism occurs regularly and the theft of technology is routine—thus it is no surprise that HitchBOT came to a bad end. In some ways, it was impressive that he made it as far as he did.

While HitchBOT seems to have met his untimely doom at the hands of someone awful, what is most interesting is how well HitchBOT was treated. After all, he was essentially an iPhone in a shell that was being transported about by random people.

One reason that HitchBOT was well treated and transported about by people is no doubt because it fits into the travelling gnome tradition. For those not familiar with the travelling gnome prank, it involves “stealing” a lawn gnome and then sending the owner photographs of the gnome from various places. The gnome is then returned (at least by nice pranksters). HitchBOT is a rather more elaborate version of the traveling gnome and, obviously, differs from the classic travelling gnome in that the owners sent HitchBOT on his fatal adventure. People, perhaps, responded negatively to the destruction of HitchBOT because it broke the rules of the travelling gnome game—the gnome is supposed to roam and make its way safely back home.

A second reason for HitchBOT’s positive adventures (and perhaps also his negative adventure) is that he became a minor internet celebrity. Since celebrity status, like moth dust, can rub off onto those who have close contact it is not surprising that people wanted to spend time with HitchBOT and post photos and videos of their adventures with the iPhone in a trash can. On the dark side, destroying something like HitchBOT is also a way to gain some fame.

A third reason, which is probably more debatable, is that HitchBOT was given a human shape, a cute name and a non-threatening appearance and these tend to incline people to react positively. Natural selection has probably favored humans that are generally friendly to other humans and this presumably extends to things that resemble humans. There is probably also some hardwiring for liking cute things, which causes humans to generally like things like young creatures and cute stuffed animals. HitchBOT was also given a social media personality by those conducting the experiment which probably influenced people into feeling that it had a personality of its own—even though they knew better.

Seeing a busted up HitchBOT, which has an anthropomorphic form, presumably triggers a response similar too (but rather weaker than) what a sane human would have to seeing the busted up remains of a fellow human.

While some people were rather upset by the destruction of HitchBOT, others have claimed that it was literally “a pile of trash that got what it deserved.” A more moderate position is that while it was unfortunate that HitchBOT was busted up, it is unreasonable to be overly concerned by this act of vandalism because HitchBOT was just an iPhone in a fairly cheap shell. As such, while it is fine to condemn the destruction as vandalism, theft and the wrecking of a fun experiment, it is unreasonable to see the matter as actually being important. After all, there are far more horrible things to be concerned about, such as the usual murdering of actual humans.

My view is that the moderate position is quite reasonable: it is too bad HitchBOT was vandalized, but it was just an iPhone in a shell. As such, its destruction is not a matter of great concern. That said, the way HitchBOT was treated is still morally significant. In support of this, I turn to what has become my stock argument in regards to the ethics of treating entities that lack moral status. This argument is stolen from Kant and is a modification of his argument regarding the treatment of animals.

Kant argues that we should treat animals well despite his view that animals have the same moral status as objects. Here is how he does it (or tries to do it).

While Kant is not willing to accept that we have any direct duties to animals, he “smuggles” in duties to them indirectly. As he puts it, our duties towards animals are indirect duties towards humans. To make his case for this, he employs an argument from analogy: if a human doing X would obligate us to that human, then an animal doing X would also create an analogous moral obligation. For example, a human who has long and faithfully served another person should not simply be abandoned or put to death when he has grown old. Likewise, a dog who has served faithfully and well should not be cast aside in his old age.

While this would seem to create an obligation to the dog, Kant uses a little philosophical sleight of hand here. The dog cannot judge (that is, the dog is not rational) so, as Kant sees it, the dog cannot be wronged. So, then, why would it be wrong to shoot the dog?

Kant’s answer seems to be rather consequentialist in character: he argues that if a person acts in inhumane ways towards animals (shooting the dog, for example) then his humanity will likely be damaged. Since, as Kant sees it, humans do have a duty to show humanity to other humans, shooting the dog would be wrong. This would not be because the dog was wronged but because humanity would be wronged by the shooter damaging his humanity through such a cruel act.

Interestingly enough, Kant discusses how people develop cruelty—they often begin with animals and then work up to harming human beings. As I point out to my students, Kant seems to have anticipated the psychological devolution of serial killers.

Kant goes beyond merely enjoining us to not be cruel to animals and encourages us to be kind to them. He even praises Leibniz for being rather gentle with a worm he found. Of course, he encourages this because those who are kind to animals will develop more humane feelings towards humans. So, roughly put, animals are essentially practice for us: how we treat them is training for how we will treat human beings.

Being an iPhone in a cheap shell, HitchBOT obviously had the moral status of an object and not that of a person. He did not feel or think and the positive feelings people had towards it were due to its appearance (cute and vaguely human) and the way those running the experiment served as its personality via social media. It was, in many ways, a virtual person—or at least the manufactured illusion of a person.

Given the manufactured pseudo-personhood of HitchBOT, it could be taken as being comparable to an animal, at least in Kant’s view. After all, animals are mere objects and have no moral status of their own. Likewise for HitchBOT Of course, the same is also true of sticks and stones. Yet Kant would never argue that we should treat stones well. Thus, a key matter to settle is whether HitchBOT was more like an animal or more like a stone—at least in regards to the matter at hand.

If Kant’s argument has merit, then the key concern about how non-rational beings are treated is how such treatment affects the behavior of the person engaging in said behavior. So, for example, if being cruel to a real dog could damage a person’s humanity, then he should (as Kant sees it) not be cruel to the dog.  This should also extend to HitchBOT. For example, if engaging in certain activities with a HitchBOT would damage a person’s humanity, then he should not act in that way. If engaging in certain behavior with HitchBOT would make a person more inclined to be kind to other rational beings, then the person should engage in that behavior.

While the result of interactions with the HitchBOT would need to be properly studied, it makes intuitive sense that being “nice” to the HitchBOT would help incline people to be somewhat nicer to others (much along the lines of how children are encouraged to play nicely with their stuffed animals). It also makes intuitive sense that being “mean” to HitchBOT would incline people to be somewhat less nice to others. Naturally, people would also tend to respond to HitchBOT based on whether they already tend to be nice or not. As such, it is actually reasonable to praise nice behavior towards HitchBOT and condemn bad behavior—after all, it was a surrogate for a person. But, obviously, not a person.


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Go Trump or Go Home

As I write this at the end of July, 2015 the U.S. Presidential elections are over a year away. However, the campaigning commenced some months ago and the first Republican presidential debate is coming up very soon. Currently, there are sixteen Republicans vying for their party’s nomination—but there is only room enough on stage for the top ten. Rather than engaging in an awesome Thunderdome style selection process, those in charge of the debate have elected to go with the top ten candidates as ranked in an average of some national polls. At this moment, billionaire and reality show master Donald Trump (and his hair) is enjoying a commanding lead over the competition. The once “inevitable” Jeb Bush is in a distant second place (but at least polling over 10%). Most of the remaining contenders are in the single digits—but a candidate just has to be in the top ten to get on that stage.

While Donald Trump is regarded by comedians as a comedy gold egg laying goose, he is almost universally regarded as something of a clown by the “serious” candidates. In the eyes of many, Trump is a living lampoon of unprecedented proportions. He also has a special talent for trolling the media and an amazing gift for building bi-partisan disgust. His infamous remarks about Mexicans, drugs and rape antagonized liberals, Latinos, and even many conservatives. His denial of the war hero status of John McCain, who was shot down in Viet Nam and endured brutal treatment as a prisoner of war, rankled almost everyone. Because of such remarks, it might be wondered why Trump is leading the pack.

One easy and obvious answer is name recognition. As far as I can tell, everyone on earth has heard of Trump. Since people will, when they lack other relevant information, generally pick a known named over unknown names, it makes sense that Trump would be leading the polls at this point. Going along with this is the fact that Trump manages to get and hold attention. I am not sure if he is a genius and has carefully crafted a persona and script to ensure that the cameras are pointed at him. That is, Trump is a master of media chess and is always several moves ahead of the media and his competition. He might also possess an instinctive cunning, like a wily self-promoting coyote. Some have even suggested he is sort of an amazing idiot-savant. Or it might all be a matter of chance and luck. But, whatever the reason, Trump is in the bright light of the spotlight and that gives him a considerable advantage over his more conventional opponents.

In response to Trump’s antics (or tactics), some of the other Republican candidates have decided to go Trump rather than go home. Rand Paul and Lindsay Graham seem to have decided to go full-on used car salesman in their approaches. Rand Paul posted a video of himself taking a chainsaw to the U.S. tax code and Lindsay Graham posted a video of how to destroy a cell phone. While Rand Paul has been consistently against the tax code, Graham’s violence against phones was inspired by a Trump stunt in which the Donald gave out Graham’s private phone number and bashed the senator.

While a sense of humor and showmanship are good qualities for a presidential candidate to possess, there is the obvious concern about how far a serious candidate should take things. There is, after all, a line between quality humorous showmanship and buffoonery that a serious candidate should not cross. An obvious reason for staying on the right side of the line is practical: no sensible person wants a jester or fool as king so a candidate who goes too far risks losing. There is also the matter of judgment: while most folks do enjoy playing the fool from time to time, such foolery is like having sex: one should have the good sense to not engage in it in public.

Since I am a registered Democrat, I am somewhat inclined to hope that the other Republicans get into their clown car and chase the Donald all the way to crazy town. This would almost certainly hand the 2016 election to the Democrats (be it Hilary, Bernie or Bill the Cat). Since I am an American, I hope that most of the other Republicans decide to decline the jester cap (or troll crown) and not try to out-Trump Trump. First, no-one can out-Trump the Donald. Second, trying to out-Trump the Donald would take a candidate to a place where he should not go. Third, it is bad enough having Trump turning the nomination process into a bizarre reality-show circus. Having other candidates get in on this game would do even more damage to what should be a serious event.

Another part of the explanation is that Trump says out loud (and loudly) what a certain percentage of Americans think. While most Americans are dismayed by his remarks about Mexicans, Chinese, and others, some people are in agreement with this remarks—or at least are sympathetic. There is a not-insignificant percentage of people who are afraid of those who are not white and Trump is certainly appealing to such folks. People with strong feelings about such matters will tend to be more active in political matters and hence their influence will tend to be disproportionate to their actual numbers. This tends to create a bit of a problem for the Republicans: a candidate that can appeal to the most active and more extreme members of the party will find it challenging to appeal to the general electorate—which tends to be moderate.

I also sort of suspect that many people are pulling a prank on the media: while they do not really want to vote for the Donald, they really like the idea of making the media take Trump seriously. People probably also want to see Trump in the news. Whatever else one might say about the Donald, he clearly knows how to entertain. I also think that the comedians are doing all they can to keep Trump’s numbers up: he is the easy button of comedy. One does not even need to lampoon him, merely present him as he is (or appears).

Many serious pundits do, sensibly, point to the fact that the leader in the very early polls tends to not be the nominee. Looking back at previous elections, various Republican candidates swapped places at the top throughout the course of the nomination cycle. Given past history, it seems unlikely that Trump will hold on to his lead—he will most likely slide back into the pack and a more traditional politician will get the nomination. But, one should never count the Donald out.

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Does the Legalization of Same-Sex Marriage Infringe on Religious Liberty?

In June, 2015 the United States Supreme Court ruled in favor of the legality of same-sex marriage. Many states had already legalized same-sex marriages and a majority of Americans think it should be legal. As such, the ruling seems to be consistent both with the constitution and with the democratic ideal of majority rule. There are, of course, those who object to the ruling.

Some claim that the court acted in a way contrary to the democratic rule by engaging in judicial activism. Not surprisingly, some of those who make this claim were fine when the court ruled in ways they liked, despite the general principles being the same (that is, the court ruling in ways contrary to what voters had decided). I certainly do see the appeal of principle and consistent arguments against the Supreme Court engaging in activism and overruling what the voters have decided and there is certainly some merit in certain arguments against the same-sex marriage decision. However, my concern here is with another avenue of dissent against the decision, namely that this ruling infringes on religious liberty.

The argument from religious liberty is certainly an interesting one. On intriguing aspect is that the argument is made in terms of religious liberty rather than the older tactic of openly attacking gay folks for alleged moral wickedness. This change of tactic seems to show a recognition that a majority of Americans accept their fellow gay Americans and that shouting “fags” at gays is no longer acceptable in polite society. As such, the tactic acknowledges a changed world. This change also represents clever rhetoric: the intent is not to deny gay folks their rights, but to protect religious liberty. Protecting liberty certainly sells better than denying rights. While protecting liberty is certainly commendable, the obvious question is whether or not the legalization of same-sex marriage infringes on religious liberty.

In general, there are two ways to infringe on a liberty. The first is by forbiddance. That is, preventing a person from exercising a freedom. For example, the liberty of free expression can be infringed by preventing a person from freely expressing her ideas. The second is by force. This is a matter of compelling a person to take action against their free choice. For example, having a law that require people to dress a certain way when they do not wish to do so. Since some people consider entitlements to fall under liberties, another way a person could have liberty infringed upon is to be denied her entitlements. For example, the liberty of education in the United States entitles children to a public education.

It is important to note that not all cases of forbidding or forcing are violations of liberties. This is because there are legitimate grounds for limiting liberties—the usual ground being the principle of harm. For example, it is not a violation of a person’s liberty to prevent him from texting death threats to his ex-wife. As another example, it is not a violation of a person’s liberty to require her to have a license to drive a car.

Given this discussion, for the legalization of same-sex marriage to impose on religious liberty would require that it wrongfully forbids religious people from engaging in religious activities, wrongfully forces religious people to engage in behavior contrary to their religion or wrongfully denies religious people entitlements connected to their religion.

The third one is the easiest and quickest to address: there does not seem to be any way that the legalization of same-sex marriage denies religious people entitlements connected to their religion. While I might have not considered all the possibilities, I will move on to the first two.

On the face of it, the legalization of same-sex marriage does not seem to wrongfully forbid religious people from engaging in religious activities. To give some examples, it does not forbid people from praying, attending religious services, saying religious things, or doing anything that they are not already free to do.

While some people have presented slippery slope “arguments” that this legalization will lead to such forbiddances, there is nothing in the ruling that indicates this or even mentions anything remotely like this. As with all such arguments, the burden of proof rests on those who claim that there will be this inevitable or probable slide. While inter-faith and inter-racial marriage are different matters, allowing these to occur was also supposed to lead to terrible things. None of these happened, which leads one to suspect that the doomsayers will be proven wrong yet again.

But, of course, if a rational case can be made linking the legalization of same-sex marriage to these violations of religious liberty, then it would be reasonable to be worried. However, the linkage seems to be a matter of psychological fear rather than logical support.

It also seems that the legalization of same-sex marriage does not force religious people to wrongfully engage in behavior contrary to their religion. While it is legal for same-sex couples to marry, this does not compel people to become gay and then gay-marry someone else who is (now) gay. Religious people are not compelled to like, approve of or even feel tolerant of same-sex marriage. They are free to dislike, disapprove, and condemn it. They are free to try to amend the Constitution to forbid same-sex marriage.

It might be argued that religious people are compelled to allow other people to engage in behavior that is against their professed religious beliefs and this is a violation of religious freedom. The easy and obvious reply is that allowing other people to engage in behavior that is against one’s religion is not a violation of one’s religious liberty. This is because religious liberty is not the liberty to impose one’s religion on others, but the liberty to practice one’s religion.

The fact that I am at liberty to eat pork and lobster is not a violation of the religious liberty of Jews and Muslims. The fact that women can go out in public with their faces exposed is not a violation of the religious liberty of Muslims. The fact that people can have religions other than Christianity is not a violation of the religious liberty of Christians. As such, the fact that same-sex couples can legally marry does not violate the religious liberty of anyone.

It might be objected that it will violate the religious liberty of some people. Some have argued that religious institutions will be compelled to perform same-sex weddings (as they might be compelled to perform inter-racial or inter-faith marriages). This, I would agree, would be a violation of their religious liberty and liberty of conscience. Private, non-commercial organizations have every right to discriminate and exclude—that is part of their right of freedom of non-association. Fortunately, the legalization of same-sex marriage does not compel such organizations to perform these marriages. If it did, I would certainly oppose that violation of religious liberty.

It might also be objected that people in government positions would be required to issue same-sex marriage licenses, perform the legal act of marrying a same-sex couple, or recognize the marriage of a same-sex couple. People at the IRS would even be compelled to process the tax forms of same-sex couples.

The conflict between conscience and authority is nothing new and philosophers have long addressed this matter. Thoreau, for example, argued that people should follow their conscience and disobey what they regard as unjust laws.

This does have considerable appeal and I certainly agree that morality trumps law in terms of what a person should do. That is, I should do what is right, even if the law requires that I do evil. This view is a necessary condition for accepting that laws can be unjust or immoral, which is certainly something I accept. Because of this, I do agree that a person whose conscience forbids her from accepting same-sex marriage has the moral right to refuse to follow the law. That said, the person should resign from her post in protest rather than simply refusing to follow the law—as an official of the state, the person does have an obligation to perform her job and must choose between keeping that job and following her conscience. Naturally, a person also has the right to try to change what she regards as an immoral law.

I have the same view in regards to people who see interracial marriage as immoral: they should follow the dictates of their conscience and not take a job that would require them to, for example, issue marriage licenses. However, their right to their liberty of conscience does not override the rights of other citizens to marry. That is, their liberty does not morally warrant denying the liberty of others.

It could be argued that same-sex marriage should be opposed because it is objectively morally wrong and that even officials should do so on this ground. This line of reason does have a certain appeal—what is objectively wrong should be opposed, even if it is the law and even by officials. For example, when slavery was legal in the United States it should have been opposed by everyone, even officials of the state. But, arguing against same-sex marriage on moral grounds is a different matter from arguing against it on the grounds that it allegedly violates religious liberty.

It could be argued that the legalization of same-sex marriage will violate the religious liberty of people in businesses such as baking wedding cakes, planning weddings, photographing weddings and selling wedding flowers.

The legalization of same-sex marriage does not, by itself, forbid businesses from refusing to do business involving a same-sex marriage. Legal protection against that sort of discrimination is another, albeit related, matter. This sort of discrimination has also been defended on the grounds of freedom of expression, which I have addressed at length in other essays.

In regards to religious liberty, a business owner certainly has the right to not sell certain products or provide certain services that go against her religion. For example, a Jewish restaurant owner has the liberty to not serve pork. A devout Christian who owns a bookstore has the liberty to not stock the scriptures of other faiths or books praising same-sex marriage. An atheist t-shirt seller has the liberty to not stock any shirts displaying religious symbols. These are all matters of religious liberty.

I would also argue that religious liberty allows business owners to refuse to create certain products or perform certain services. For example, a Muslim free-lance cartoonist has the right to refuse to draw cartoons of Muhammad. As another example, an atheist baker has the right to refuse to create a cake with a cross and quotes from scripture.

That said, religious liberty does not seem to grant a business owner the right to discriminate based on her religion. For example, a Muslim who owns a car dealership has no right to refuse to sell cars to women (or women who refuse to fully cover themselves). As another example, a militant homosexual who owns a bakery has no right to refuse to sell cakes to straight people.

Thus, it would seem that the legalization of same-sex marriage does not violate religious liberty.




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