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Teachers’ Unions I: Preliminaries

Discussions of the woes of public education inevitably turn to the subject of teachers’ unions. Some claim they are detrimental to public education, while others claim they are neutral or even beneficial. This is certainly a controversy worth addressing.

Before proceeding with the discussion, I am obligated to disclose that I am a union member. As such, my arguments should be read with proper scrutiny for the influence of unconscious biases on my part. While it might be suspected that I am blindly pro-union, I will endeavor to give an objective assessment of the arguments for and against teachers’ unions. In return, I ask the same of readers.

Objectively assessing teachers’ unions is certainly a daunting task. One reason for this is that the matter has become politically charged.  For many conservatives, it is an article of faith that the main villains of education are the teachers’ unions. Since American politics is so bipolar, it is hardly surprising that liberals tend to favor (or at least tolerate) teachers’ unions. As with many political matters, a person’s stance on teachers’ unions often becomes part of their identity and this has many negative consequences in regards to objectively assessing unions. Ideological commitment is the enemy of rational assessment because it triggers a wide range of cognitive biases and motivates people to accept fallacious reasoning. As such, arguments and data tend to be accepted or rejected based on their correspondence to the ideology rather than their merits. While it is difficult to do so, these tendencies can be overcome—if one is willing to take the effort.

Another reason objective assessment is difficult is that there are entrenched and unfounded opinions about unions even in those who do not make their view of unions part of their political identity. People tend to believe what they hear repeated in the media and otherwise uncritically form opinions. Such unfounded and entrenched opinions can be hard to overcome with reason and evidence, but doing so is easier than getting a person to change an aspect of their political identity.

A third reason, one that helps explain the existence of unfounded opinions on the matter, is that there has been little in the way of rigorous studies of the impact of unions. As such, people tend to be stuck with mere anecdotal evidence and intuitive appeals. While these might turn out to be correct, they do not provide much of a foundation for making good decisions about unions.

In this essay (and the following ones) I will endeavor to objectively assess teachers’ unions in a way that overcomes my own political views and entrenched unfounded opinions. Naturally, I will try to do this with solid argumentation and good data rather than mere anecdotes and intuitions. While my main concern is with the impact of unions on education, I will briefly address two attacks on unions that do not directly relate to education.

One stock attack on unions is the argument based on the idea that it is wrong for workers to be required to join a union or pay dues to a union. In politics, this view is called “right to work.” Not surprisingly, it is generally opposed by unions and supported by businesses. Those who support it contend that it is good for business and employees. Those who oppose it point to data showing the negative impact of right to work laws. Since this is a contentious political issue, the various sides reject the data offered by the others because they are regarded as biased.

Being a philosopher, my main concern is with the ethics of compelling people to join a union or pay dues rather than with the legal issues. On the face of it, membership in a union should be voluntary as should paying fees to unions. Just as a person should be free to accept or reject a job or any service, the same should apply to unions. However, freedom (as some like to say) is not free: those who make the decision to not join the union or elect to not contribute to the costs of collective bargaining should be excluded from those benefits. As with any goods or services, a person who refuses to pay for them has no right to expect these goods or services. To use an analogy, if a group of homeowners are involved in a lawsuit and want to hire a lawyer, individual homeowners have every right to refuse to pay the lawyer’s fee. However, if they do not pay, they have no right to be free riders. To use another analogy, if a business does not want to join a chamber of commerce, it should be free to not join. However, the business has no right to claim the benefits offered by the chamber of commerce.

In case anyone wonders, I voluntarily joined the union on the moral grounds that I did not want to be a free rider. I knew I would benefit from the union, hence I am obligated to contribute to the costs of getting those services.

If unions are compelled to represent non-members, then the non-members would be obligated to contribute to the cost of this representation and it would be right to compel them to do so. Going back to the lawyer analogy, if the lawyer is compelled to represent all the homeowners, then they are all obligated to pay their share. Otherwise they are engaged in theft, plain and simple. The same holds for the chamber of commerce analogy: if a chamber of commerce is compelled to provide services to all business in the area, then those businesses are obligated to pay if they avail themselves of these benefits.

A second stock argument against teachers’ unions is based on the fact that they do not represent the views of all their members on various social and political issues. While this is a matter of concern, it is not unique to teachers’ unions or unions in general. All groups, ranging from clubs to political parties to nations face this problem. To use a specific example, the state legislature of any American state does not represent the views of all the members of the state. Since people have different and often conflicting views, it is nearly impossible for the representatives of a large group to represent the views of all the members. For example, some union members might favor allowing computer programing to count as a math class while others oppose it. Obviously, the class cannot be a math class and not a math class, so a union stance on the matter will fail to represent all views. As such, being unable to represent every view is not a special problem for teachers’ unions, it is a feature of groups made of people who do not agree about everything.

If the teachers’ union has a democratic process for taking positions on issues, be it direct democracy or electing representatives, then the union would represent the views of the members in the same way any democratic or representative system does. That is, imperfectly and with compromises. As such, the fact that unions do not represent the views of all members is not a special problem for teachers’ unions.

In the following essays I will focus on the claim that teachers unions are bad for education in general and students in particular.

 

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Charter Schools IV: Profit

While being a charter school is distinct from being a for-profit school, one argument in favor of charter schools is because they, unlike public schools, can operate as for-profit businesses. While some might be tempted to assume a for-profit charter school must automatically be bad, it is worth considering this argument.

As one would suspect, the arguments in favor of for-profit charter schools are essentially the same as arguments in favor of providing public money to any for-profit business. While I cannot consider all of them in this short essay, I will present and assess some of them.

One stock argument is the efficiency argument. The idea is that for-profit charter schools have a greater incentive than non-profit schools to be efficient. This is because every increase in efficiency can yield an increase in profits. For example, if a for-profit charter school can offer school lunches at a lower cost than a public school, then the school can turn that difference into a profit. In contrast. A public school has less incentive to be efficient, since there is no profit to be made.

While this argument is reasonable, it can be countered. One obvious concern is that profits can also be increased by cutting costs in ways that are detrimental to the students and employees of the school. For example, the “efficiency” of lower cost school lunches could result from providing the students with less or lower quality food. As another example, a school could not offer essential, but expensive services for students with special needs. As a final example, employee positions and pay could be reduced to detrimental levels.

Another counter is that while public schools lack the profit motive, they still need to accomplish the required tasks with limited funds. As such, they also need to be efficient. In fact, they often must be very creative with extremely limited resources (and teachers routinely spend their own money purchasing supplies for the students). For-profit charter schools must do what public schools do, but must also make a profit—as such, for-profit schools would cost the public more for the same services and thus be less cost effective.

It could be objected that for-profit schools are inherently more efficient than public schools and hence they can make a profit and do all that a public school would do, for the same money or even less. To support this, proponents of for-profit education point to various incidents of badly run public schools.

The easy and obvious reply is that such problems do not arise because the schools are public, they arise because of bad management and other problems. There are many public schools that are well run and there are many for-profit operations that are badly run. As such, merely being for-profit will not make a charter school better than a public school.

A second stock argument in favor of for-profit charter schools is based on the idea competition improves quality. While students go to public school by default, for-profit charter schools must compete for students with public schools, private schools and other charter schools. Since parents generally look for the best school for their children, the highest quality for-profit charter schools will win the competition. As such, the for-profits have an incentive that public schools lack and thus will be better schools.

One obvious concern is that for-profits can get students without being of better quality. They could do so by extensive advertising, by exploiting political connections and various other ways that have nothing to do with quality.

Another concern about making the education of children a competitive business venture is that this competition has causalities: businesses go out of business. While the local hardware store going out of business is unfortunate, having an entire school go out of business would be worse. If a for-profit school goes out of business, there would be considerable disruption to the children and to the schools that would have to accept them. There is also the usual concern that the initial competition will result in a few (or one) for-profit emerging victorious and then settling into the usual pattern of lower quality and higher costs. Think, for example, of cable/internet companies. As such, the competition argument is not as strong as some might believe.

Those who disagree with me might contend that my arguments are mere speculation and that for-profit charter schools should be given a chance. They might turn out to be everything their proponents claim they will be.

While this is a reasonable point, it can be countered by considering the examples presented by other ventures in which for-profit versions of public institutions receive public money. Since there is a school to prison pipeline, it seems relevant to consider the example of for profit prisons.

The arguments in favor of for-profit prisons were like those considered above: for-profit prisons would be more efficient and have higher quality than prisons run by the state. Not surprisingly, to make more profits, many prisons cut staff, pay very low salaries, cut important services and so on. By making incarceration even more of a business, the imprisonment of citizens was incentivized with the expected results of more people being imprisoned for longer sentences. As such, for-profit prisons turned out to be disastrous for the prisoners and the public. While schools are different from prisons, it is easy enough to see the same sort of thing play out with for-profit charter schools.

The best and most obvious analogy is, of course, to the for-profit colleges. As with prisons and charter schools, the usual arguments about efficiency and quality were advanced to allow public money to go to for-profit institutes. The results were not surprising: for profit colleges proved to be disastrous for the students and the public. Far from being more efficient that public and non-profit colleges, the for-profits generally turned out to be significantly more expensive. They also tend to have significantly worse graduation and job placement rates than public and non-profit private schools. Students also accrue far more debt and make significant less money relative to public and private school students. These schools also sometimes go out of business, leaving students abandoned and often with useless credits that cannot transfer. They do, however, often excel at advertising—which explains how they lure in so many students when there are vastly better alternatives.

The public also literally paid the price—the for-profits receive a disproportionate amount of public money and students take out more student loans to pay for these schools and default on them more often. Far from being models of efficiency and quality, the for-profit colleges have often turned out to be little more than machines for turning public money into profits for a few. This is not to say that for-profit charter schools must become exploitation engines as well, but the disaster of for-profit colleges must be taken as a cautionary tale. While there are some who see our children as another resource to be exploited for profits, we should not allow this to happen.

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Charter Schools II: Choice & Quality

In the previous essay on charter schools I considered the monopoly argument in their favor. On this view, charter schools break the state’s harmful monopoly on education and this is a good thing. It is worth noting, again, that the state does not have a monopoly on education (there are private, non-charter schools). Instead, the state schools often have a monopoly on public money and charter schools break this monopoly by receiving public money. This, it is argued by charter school proponents, allows for more choice. They are quite right. But not all choices are good choices.

Without charter schools, people face rather limited alternatives to the public-school system. One is home schooling. While this does appeal to some people, it does limit the educational experience and requires a great deal of the parent(s). Another is attending a private school. While these schools can provide excellent education, they can very expensive. As such, they are an option only for those who can afford them. Because charter schools receive public money, they can provide an alternative to public schools for those who cannot afford a private school. However, there is the question of why there should be such choice and why people would take it.

One reason often given in favor of charter schools over public schools is that charter schools are supposed to superior in terms of the education they provide (or in some other relevant way). Proponents of charter schools point to failing public schools as evidence for this claim. While this is certainly a rational argument, there are some concerns with it.

One concern is that while there are bad public schools and excellent charter schools, there are also excellent public schools and awful charter schools. As such, there is nothing intrinsic to the public system that necessitates its badness nor anything intrinsic to the charter system that necessitates its superiority. This raises the question about what causes school quality.

The easy and obvious answer is that the main cause is funding. It is no accident that the best schools tend to be in affluent neighborhoods and the worst schools tend to be in poor areas. After all, a significant portion of the funding for public schools is local and is often based on property taxes. As such, high value property generates more funding for schools. Low value property generates far less. Naturally, this is not the whole story for school funding, but it is an important part. It is also worth noting that not just community wealth is a factor—community health is also important for the quality of education. After all, stable communities that have families actively involved in the school can create a very good educational experience for the children. However, wealth and health often travel hand in hand.

As might be suspected, most parents would prefer their children attend the best schools—this is why parents who have the income buy houses in the best school districts. This provides another limit to choice: while anyone can attend the best public schools, they must be able to afford to live in the district. This makes the best public schools analogous to private schools; one must pay to be able to attend. The promise of charter schools is that children can escape the poor schools and go to a superior charter school, using public money.

While this does have some appeal, there are some obvious problems. One is that the poor schools will become poorer as they lose students and will presumably decline even more until only those who cannot escape remain. This would seem to be like pouring money into lifeboats for an ailing ship rather than using the money to fix it.

Of course, this analogy could be countered by saying that the public school ship is doomed and the only viable option is escape. This is a reasonable counter—if a school is so badly wrecked that it cannot be saved, then escaping to another school would be as sensible as fleeing a sinking ship. The challenge is, however, showing that this should be a charter school and not a new public school.

Another is that it would seem to make more sense to use the public money to improve the public school so that parents would want their children to attend. After all, if parents want to choose good schools, the best use of public money would seem to be to make public schools better. Since there are excellent public schools, this is clearly something that can be done with proper funding and a strong community. As noted above, there is no special magic to charters that makes them inherently better than public schools. To use another analogy, the charter school argument is like pointing to the poorly maintained roads of a community and saying that the solution is not to fix the roads, but to use the public money to put in another set of roads adjacent to the existing roads. It would seem to make much more sense to fix the existing public roads rather than putting in “charter roads.”

In light of the above discussion, the choice argument for charter schools based on quality does not appear compelling. Unless it can be shown that charter schools are inherently better than public schools in virtue of being charters, then it would be more sensible to improve the quality of existing public schools rather than siphoning away public money. There are, however, other matters of choice beyond quality. In the next essay I will look at the appeal of ideological choice—charter schools that offer an ideological or theological alternative to public schools.

 

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The State & Business

T

he American anarchist Henry David Thoreau presents what has become a popular conservative view of the effect of government upon business: “Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of its way…Trade and commerce, if they were not made of India-rubber, would never manage to bounce over obstacles which legislators are continually putting in their way…”

While this sort of laissez faire view of the role of the state in business is often taken as gospel, there is the question of whether Thoreau is right. While I do find his anarchism appealing, there are some problems with his view.

Thoreau is quite right that the government can be employed to thwart and impede enterprises—this is often done by granting special advantages and subsidies to certain companies or industries, thus impeding their competitors. However, he is mistaken in his claim that the government has never “furthered any enterprise.” I will begin with the easy and obvious reply to this claim.

Modern business could not exist without the physical and social infrastructure provided by the state. In terms of the physical infrastructure, businesses need the transportation infrastructure provided by the state. The most obvious aspect of this infrastructure is the system of roads that is paid for by the citizens and maintained by the government (that is, the citizens acting collectively). Without such roads, most businesses could not operate—products could not be moved effectively and customers would be hard pressed to reach the businesses.

Perhaps even more critical than the physical infrastructure is the social infrastructure that is created by the government (that is, the people acting collectively and through officials). The social infrastructure includes the legal system, laws, police services, military services, diplomatic services and so on for the structures that compose the governmental aspects of society.

For example, companies in the intellectual property business (which ranges from those dealing in the arts to pharmaceutical companies) require the existence of the legal system and law enforcement. After all, if the state did not enforce the drug patents, the business model of the major pharmaceutical companies would be destroyed.

As another example, companies that do business internationally require the government’s military and diplomatic services to enable their business activities. In some cases, this involves the explicit use of the military in the service of business. In other cases, it is the gentler hand of diplomacy that advances American business around the world.

All businesses rely on the currency system made possible by the state and they are all protected by the police. While there are non-state currencies (such as bitcoin) and companies can hire mercenaries; these options are generally not viable for most businesses.  All of this seems to clearly show that the state plays a critical role in allowing business to exist. This can, however, be countered.

It could be argued that while the state is necessary for business (after all, there is little in the way of business in the state of nature), it does nothing else beyond that and should just get out of the way to avoid impeding business. To use an analogy, someone must build the stadium for the football game, but they need to get out of the way when it is time for the players to play. The obvious reply to this is to show how the state has played a very positive role in the development of business.

The United States has made a practice of subsidizing and supporting what have been regarded as key businesses. In the 1800s, the railroads were developed with the assistance of the state. The development of the oil industry depended on the state, as did the development of modern agriculture. It could, of course, be objected that this subsidizing and support are bad things—but they are certainly not bad for the businesses that benefit.

Another area where the state has helped advance business is in funding and engaging in research. This is often research that would be too expensive for private industry and research that requires a long time to yield benefits. One example of this is the development of space technology that made everything involving satellites possible. Another example is the development of the internet—which is the nervous system of the modern economy. The BBC’s “50 Things that Made the Modern Economy” does an excellent analysis of the role of governments in developing the technology that made the iPhone possible (and all smart phones).

One reason the United States has been so successful in the modern economy has been the past commitment of public money to basic research. While not all research leads to successful commercial applications (such as computers), the ability of the collective (us acting as the state) to support long term and expensive research has been critical to the advancement of technology and civilization.

This is not to take away from private sector research, but much of it is built upon public sector foundations. As would be expected, private sector research now tends to focus on short term profits rather than long term research. Unfortunately, this view has infected the public sector as well—as public money for research is reduced, public institutions seek private money and this money often comes with strings and the risk of corruption. For example, “research” might be funded to “prove” that a product is safe or effective. While this does yield short term gains, it will lead to a long-term disaster.

The state also helps further enterprise through laws regulating business. While this might seem like a paradox, it is easily shown by using an analogy to the role of the state in regulating the behavior of citizens.

Allowing business to operate with no regulation would be like allowing individuals to operate without regulations. While this might seem appealing, for an individual to further their life, they need protections from others who might threaten their life, liberty and property. To this end, laws are created and enforced to protect people. The same applies to protecting businesses from other businesses (and businesses from people and people from businesses). This is, of course, the stock argument for having government rather than the unregulated state of nature. As Hobbes noted, a lack of government can become a war of all against all and this ends badly for everyone. The freer the market gets, the closer it gets to this state of nature—a point well worth remembering.

It might be assumed that I foolishly think that all government involvement in business is good and that all regulation is desirable. This is not the case. Governments can wreck their own economies through corruption, bad regulations and other failures. Regulations are like any law—they can be good or bad, depending on what they achieve. Some regulations, such as those that encourage fair competition in business, are good. Others, such as those that grant certain companies unfair legal and financial advantages (you might be thinking of Monsanto here), are not.

While rhetorical bumper stickers about government, business and regulation are appealing in a simplistic way, the reality of the situation requires more thought and due consideration of the positive role the state can play—with due vigilance against the harms that it can do.

 

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White Nationalism II: The BLM Argument

While there are some varieties of white nationalism, it is an ideology committed to the creation and preservation of a nation comprised entirely of whites (or at least white dominance of the nation). While some white nationalists honestly embrace their racism, others prefer to present white nationalism in a more pleasant guise. Some advance arguments to show that it should be accepted as both good and desirable.

While it is not limited to using Black Lives Matter, I will dub one of the justifying arguments “the BLM argument” and use BLM as my main example when discussing it. The argument typically begins by pointing out the existence of “race-based” identity groups such as Black Lives Matters, Hispanic groups, black student unions and so on. The next step is to note that these groups are accepted, even lauded, by many (especially on the left). From this it is concluded that, by analogy, white identity groups should also be accepted, if not lauded.

If analogies are not one’s cup of tea, white identity groups can be defended on the grounds of consistency: if the existence of non-white identity groups is accepted, then consistency requires accepting white identity groups.

From a logical standpoint, both arguments have considerable appeal because they involve effective methods of argumentation. However, consistency and analogical arguments can both be challenged and this challenge can often be made on the same basis, that of the principle of relevant difference.

The principle of relevant difference is the principle that similar things must be treated in similar ways, but that relevantly different things can be justly treated differently. For example, if someone claimed that it was fine to pay a woman less than a man simply because she is a woman, then that would violate the principle of relevant difference. If it was claimed that a male worker deserves more pay because he differs from a female co-worker in that he works more hours, then this would fit the principle. In the case of the analogical argument, a strong enough relevant difference would break the analogy and show that the conclusion is not adequately supported. In the case of the consistency argument, showing a strong enough relevant difference would justify treating two things differently because sufficiently different things can justly be treated differently.

A white nationalist deploying the BLM argument would contend that although there are obviously differences between BLM and a white nationalist group, these differences are not sufficient to allow condemnation of white nationalism while accepting BLM. Put bluntly, it could be said that if black groups are morally okay, then so are white groups. On the face of it, this generally reasoning is solid enough. It would be unprincipled to regard non-white groups as acceptable while condemning white groups merely because they are white groups.

One way to respond to this would be to argue that all such groups are unacceptable; perhaps because they would be fundamentally racist in character. This would be a consistent approach and has some appeal—accepting these sorts of identity groups is to accept race identification as valid; which seems problematic.

Another approach is to make relevant difference arguments that establish strong enough differences between white nationalist groups and groups like BLM and Hispanic student unions. There are many options and I will consider a few.

One option is to argue that such an identity group is justified when the members of that group are identified by others and targeted on this basis for mistreatment or oppression. In this case, the group identity would be imposed and acknowledged as a matter of organizing a defense against the mistreatment or oppression.  BLM members can make the argument that black people are identified as blacks and mistreated on this basis by some police. As such, BLM is justified as a defensive measure against this mistreatment. Roughly put, blacks can justly form black groups because they are targeted as blacks. The same reasoning would apply to other groups aimed at protection from mistreatment aimed at specific identity groups.

Consistency would require extending this same principle to whites. As such, if whites are being targeted for mistreatment or oppression because they are white, then the formation of defensive white identity groups would be warranted. Not surprisingly, this is exactly the argument that white groups often advance: they allege they are victims and are acting to protect themselves.

While white groups have a vast and varied list of the crimes they believe are being committed against them as whites, they are fundamentally mistaken. While crimes are committed against white people and there are white folks who are suffering from things like unemployment and opioid addiction, these are not occurring because they are white. They are occurring for other reasons. While it is true that the special status of whites is being challenged, and has eroded over the years, the loss of such unfair and unwarranted advantages in favor of greater fairness is not a moral crime. The belief in white victimhood is the result of willful delusion and intentional deceit and is not grounded in facts.

This line of argument does, however, remain open to empirical research. If it can be shown with objective evidence that whites are subject to general mistreatment and oppression because they are whites, then defensive white groups would be justified on these grounds. While I am aware that people can find various videos on YouTube purporting to establish the abuse of whites as whites, one must distinguish between anecdotal evidence and adequate statistical support. For example, if fatal DWW (Driving While White) incidents started occurring at a statistically significant level, then it would be worth considering the creation of WLM (White Lives Matter).

A second option is to consider the actions and goals of the group in question. If a group has a morally acceptable goal and acts in ethical ways, then the group would be morally fine. However, a group that had morally problematic goals or acted in immoral ways would be relevantly different from groups with better goals and methods.

While BLM does have its detractors, its avowed goal is “is working for a world where Black lives are no longer systematically and intentionally targeted for demise.” This seems to be a morally commendable goal. While BLM is often condemned by the likes of Fox News for their protests, the organization certainly seems to be operating in accord with a non-violent approach to protesting. As such, its general methodology is at least morally acceptable. This is, of course, subject to debate and empirical investigation. If, for example, it was found that BLM were organizing the murder of police officers, then that would make the group morally wrong.

White groups could, of course, have morally acceptable goals and methods. For example, if a white group was created in response to the surge in white people dying from opioids and they focused on supporting treatment of white addicts, then such a group would seem to be morally fine.

However, there are obviously white groups that have evil goals and use immoral methods. White supremacy groups, such as the KKK, are the usual examples of such groups. The white nationals also seem to be an immoral group. The goal of white dominance and the goal of establishing a white nation are both to be condemned, albeit not always for the same reasons. While the newly “mainstreamed” white nationalists are not explicitly engaged in violence, they do make use of a systematic campaign of untruths and encourage hatred. The connections of some to Nazi ideology is also extremely problematic.

In closing, while it is certainly possible to have white identity groups that are morally acceptable, the white nationalists are not among them. It is also worth noting that all identity groups might be morally problematic.

 

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White Nationalism I: The Family Argument

While more mainstream supporters of Trump insist he is not a racist, white nationalists and their ilk have rejoiced in his victory. Regardless of what Trump believes, his rhetoric has carved out a safe space for what has been dubbed the “alt-right.” While this term is both broad and, perhaps, misused, it does serve to bundle together various groups that are perceived as racist and even neo-Nazi. I will not endeavor to break down the fine distinctions between these various groups, but will focus on the white nationalists. As the name indicates, they have an ideological commitment to creating a nation consisting solely of whites.

Since Nazis and other hate groups have advocated the same goal, it seems reasonable to regard white nationalists as racists and as a group based on hate. Not surprisingly, they often claim they are not racists and are not a hate group. They even advance some arguments in support of these claims. In this essay, I will consider the family argument.

While specific presentations of the family argument take various forms, the gist of the reasoning is that it is natural for people to prefer the company of their family members and that it is right to give precedence to one’s family. In their family analogy, the white nationalists take whites to be a family. This, as they see it, warrants having a white nation or, failing that, giving precedence to whites. Some white nationalists extend the family argument to other races, arguing that each race should act in the same way. Ideally, each race would have its own nation. This helps explain the apparently inconsistent claims advanced about Jews by white nationalists: they want the Jews to leave America for the whites, but they support Israel becoming a pure Jewish state.

The family analogy gains much of its appeal from human psychology: as a matter of fact, humans do generally prefer and give precedence to their own family members over others. This approach is also commonly used in solving ethical problems, such as who to save and how to distribute resources. For example, if a mother is given the choice between saving a stranger or her daughter from drowning, the intuitively right choice is her daughter. While the family approach has considerable appeal, there are some obvious concerns. One is whether whites constitute a family. Another is the extent to which being family morally warrants preference and precedence.

In the biological sense, a human family is made up of humans who are closely genetically related to each other. This is something that can be objectively tested; such as with a paternity test. In this regard, family identity is a matter of the genetic similarity (and origin) of the members. There is also the matter of distinguishing the family members from outsiders—this is done by focusing on the differences between the family members and others.

To argue that whites are a biological family requires establishing that whites are genetically related to each other. This is easy enough to do; all humans are genetically related because they are humans. But, the white nationalist wants whites to be an exclusive family. One obvious problem with this, especially in the United States, is that most whites are closely related to non-whites. To use one well known example, Thomas Jefferson has many descendants and they thus constitute a family. However, many of them are supposed to descended from him and Sally Hemings—thus would presumably not be regarded as white by white nationalists. While one might quibble about whether Heming and Jefferson had children, it is well-established that the genetic background of most “white” Americans will not be “pure white.” There is also the fact that the genetic background of many “non-white” Americans will include white ancestors. This will mean that the “white family” will include people who the white nationalists would regard as non-white. For example, Dick Cheney and Barack Obama are related and are thus family. As such, the biological family analogy breaks down in terms of the white nationalists’ approach.

A possible counter to this is to focus on specific white genes and argue that these are what define being white. One obvious point of focus is skin color; white skin is apparently the result of a single letter DNA mutation in the 3.1 billion letters in the human genome. As such, white nationalists could rally around this one letter and use that to define what it is to be white. This would certainly seem like an absurd foundation for preference and precedence; but perhaps the absurd would suffice for the white nationalists.

While families are often defined biologically, there are also family members that are adopted and, of course, people marry into families they are (hopefully not) closely related to. As such, a family need not be genetically defined. This provides an alternative way to try to make whites into a family.

White nationalists could argue that the white family is not defined by white genes, but by a set of values or interests that constitute being white. That is, being white is a social construct analogous to a political party, religion, or club. While there is the obvious challenge of working out what would be the values and interests one must have to be part of the white club, this could in theory be worked out. After all, the white nationalists have set up their own little white club and they presumably have ways of deciding who gets to join. The obvious problem with this approach is that it does not seem to capture what the white nationalists want in terms of being white. After all, anyone could have those values and interests and thus be white. Also, there are many people who have white skin who do not share the interests or values of the white nationalists and would thus not be white on this approach.

The white nationalists could always go with the traditional approach of regarding as white anyone who looks white. Potential whites would presumably need to provide some proof that they do not have any non-whiteness in their background—there is, after all, a long history of people passing as whites in the United States. Since white nationalists tend to regard Jews as non-white, they would also need to sort that out in some way; after all, Jews can have very white skin. Presumably they can look to the Nazis for how to work this all out. There is also the concern about using technology to allow people to appear white, such as genetic modification. Presumably white nationalists would really need to worry about such things. After all, they would not want non-whites in their white paradise.

One obvious problem with this approach is that it is like accepting as family anyone who looks like you in some specified way. For example, embracing someone as a relative because they have a similar nose. This seems like a rather odd way to set a foundation for preference and precedence, but white nationalists presumably think in odd ways.

Given the above discussion, there seems to be no foundation for regarding whites as a family. As such, the white nationalist family analogy fails. As should be expected. I will close by saying that I am horrified by having to engage in arguments about white nationalism; such a morally abhorrent view should be recognized as such by anyone familiar with history and moral decency.

 

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Why did the Democrats Lose?

While asserting “Trump won” or “Hillary lost” might seem to say the same thing, they actual differ in meaningful ways. The view that Trump won is the stance that he achieved victory by overcoming Hillary, presumably by doing the right things. To use a running analogy, this would be like a runner beating another by being able to outkick her at the end.

The view that Hillary lost is the perception that she snatched defeat from the jaws of victory by doing the wrong thing and thus she lost. Using a running analogy, this would be like a runner showing off and tripping because he was not paying attention, thus losing the race that he would have otherwise won.

A pragmatic person might say that there is no real difference between winning by winning and winning by the other person losing—the winner still wins. While this pragmatic approach does have appeal, the difference does matter when it comes to sorting out what went wrong, what went right and what needs to be done next time. It could also be contended that both approaches are right and wrong: Trump did win by winning but also won by Hillary losing.

Regardless of which view is taken, there is the assumption that there are broad reasons for the results that can be determined and used in planning the next race. While this assumption is probably correct, it is worth considering that elections might be analogous to fads, such as the hottest toy for Christmas or the latest fashion. Trying to find the cause and reproduce it is likely to be a fool’s errand; if this could be done then producing the next fad would be a science rather than a matter of luck. It is also well worth considering that there are a vast number of contributing factors that influenced various voters and that efforts to provide a broad causal explanation must fail because there is no broad causal explanation—just an abundance of individual explanations. Having made these points, I will sweep them aside and speculate about some likely broad causes.

Pundits and experts have already put forth various hypotheses as to why Hillary lost and Trump won. One consistent narrative is that many voters were looking for someone from outside Washington to bring about change. This narrative is supported by the claim that some who had voted for Obama last time switched to Trump this time—these could be regarded as change voters. Another consistent narrative is that Hillary could never stake the email server vampire in the heart; it kept rising from the grave to drain the blood from her campaign.

There are also explanations that rest on the assumption that voters are bad fact-checkers, poor at reasoning and do not operate based on consistent application of principles for decision making. For example, Hillary was condemned as crooked and dishonest by people who praised Trump for telling it like it is, despite the objective fact that Trump was relentless in his untruths and is scheduled to go on trial for Trump University. As another example, Hillary was also attacked for being an elite insider by people who praised Trump for being a man who cares about the working class, despite Trump being part of the elite economic class who has routinely been sued for not sticking to contracts. On this view, Trump won because he is a better deceiver than Hillary. So, the lesson for the next time would be to run the best deceiver that can be found.

There are also explanations that Trump won because of racism, bigotry and xenophobia. Even members of his own party condemned many of his remarks as racist and sexist. He has also won the hearts of the Klan, white nationalists and American Nazis. After the 2012 Republican defeat, some of the analysis indicated that the Republicans would need to either expand their appeal to minorities or double down on getting the white vote. Some speculated it would not be possible to win without a broader appeal. Trump, by accident or design, embraced doubling down on the white vote and won. To be fair, he also did surprisingly well beyond the white vote. The question is, of course, how long that strategy will work—the United States is on course to becoming a majority minority nation. I suspect that active voter suppression of minorities and inspired gerrymandering can extend white dominance, but eventually these methods will be overcome by demographic change. That said, white voters will be a critical demographic for a long time and failing to capture the white vote would not bode well for a candidate. There are, of course, alternative explanations to why Trump did so well with white voters (or why Hillary did so poorly).

While some find the racism and xenophobia hypothesis appealing, it can be argued that many white voters were not motivated by race. Pundits like to point out that Obama won many of the same voters that went over to Trump. While it might be naïve of me, I certainly believe most of my fellow Americans are not racist xenophobes, additional explanations are needed.

One reasonable explanation is that the Democrats have made matters of race and gender, such as police treatment of minorities and same-sex marriage, flagship issues. This is not to say that the Democrats have completely ignored issues that are especially important to white voters, just that there is a public perception that the party elites are more interested in bathroom access for transgender people than with the economic woes of white workers or the drug epidemic impacting whites.

It could be objected that people who take the above view are misguided: whatever problems whites have (especially straight white males) pale in comparison to the woes of non-whites (especially non-straight non-whites). Hence, paying special attention to these groups is justified. In accord with this view, whites, males and straight people are often told to “check their privilege” and called to task for daring to complain about their lot.

This reply does have some appeal. In general, white people are better off than non-white people, men are generally better off than women, and straight folks typically face less woes than non-straight folks. However, there two main concerns here. The first is that while it is true that those in the advantage groups (white, straight, male) do generally have things better, they still face very real problems. As citizens, they have every right to expect these real problems to be taken seriously and addressed. There is also the purely practical matter—it would be irrational for voters to vote for candidates who they think will not act to address their problems.

To use an analogy in medicine, a person with a broken arm could stand in for the problems of white people while a person with multiple serious injuries could stand in for the disadvantaged groups. While it is true that the person with the serious injuries would take precedence under triage and merit more attention, it would be wrong to dismiss the person with the broken arm and fail to give the injury due attention.

It could be objected that the analogy is not accurate and that a better one would be to replace the person with the broken arm with a hypochondriac who thinks he is suffering terribly, but is not really suffering at all. Moving away from the analogy, the idea would be that the advantaged groups are complaining about a loss of unjust advantages and wailing over imagined harms; they are complaining about nothing.

The reasonable reply is that this is true is some cases—many of the most vehement complaints are about the “cruel injustices” of not being able to discriminate or retain unfair advantages. However, even those in the advantaged groups face real problems such as unemployment, drug abuse, depression and so on. As such, perhaps a new analogy is in order involving the person with the broken arm standing in for those with real problems and the hypochondriac standing in for those whining about losing their unfair advantages and license to discriminate.

The second overall concern here is that telling people to “check their privilege” and attacking them in other ways can do more harm than good. For example, such attacks can turn off potential allies. While it is certainly legitimate to call out people who fail to recognize their privilege and to criticize people for discriminating, it is wise to consider the context and consequences of such approaches.  I will use an anecdote to illustrate the problem.

When I was in graduate school, I was living on my meager TA stipend and surviving on a diet of ramen noodles and rice puff cereal. I also got good at sewing my clothes to make them last longer. I was on my own financially, which is something I accepted as part of being an adult. I recall a friend and I being lectured about male privilege by two female students from upper-class families. I vaguely recall that one had been vacationing on the family yacht recently.

As a philosopher, I know that rejecting arguments about male privilege because very privileged women were making them to very unprivileged men would be to fall into an ad hominem fallacy (to reject a claim or argument because of irrelevant qualities of the person making the claim or argument). However, I certainly resented being lectured in this way. I did, of course, recognize that women in general face more obstacles and injustices than men generally face. However, this did nothing to address my worries about scraping together enough money to pay rent and buy food—there were many times I went hungry so I could pay my other bills. While I did go on to become a professor with a steady income, I remember those times and I am aware that there are many white males who are currently financially insecure. Lecturing them in male privilege or white privilege will not win them over. I suspect that some feel they are being lectured by the elite of the Democratic party and they resent this. Not because they are racist or sexist, but because such lectures are insulting and insensitive. While the Democrats should stay involved with the causes of their preferred disadvantaged groups, they also need to sincerely address the concerns of those in the advantaged groups—especially since many in these groups are extremely disadvantaged relative to the liberal elites.

 

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After the Election

The systematic efforts to demoralize American voters and to create a toxic political environment have resulted in perhaps the most vitriolic election cycle in modern memory. While some people do like their candidate, much of the electorate seems to be motivated by their loathing of the opposing candidate. As such, most voters seem to be voting against Trump or Hillary rather than for them.

The demoralizing of the electorate has proven to be an effective but ultimately destructive strategy. On the “positive” side, demotivating voters through suppression tactics (such as voter ID laws and cutting back on early voting) and fostering an attitude that voting is ineffective has proven beneficial to certain candidates—they get elected. On the negative side, the foundation of democracy is being eroded as people lose faith in the democratic process. This disinvestment on the part of citizens contributes to the decay of American society and will no doubt to prove to be a significant factor in the decline and fall of the American empire.

The creation of a toxic political environment through such means as exploiting fears of race, class and religion has also proven to be beneficial to some in the short term. There have also been sustained attacks on key institutions, ranging from the government in general to the election process in particular. The political parties have enjoyed fevered victories through poisoning the political body. Trump provides an excellent example of this—his willingness to go beyond the moral limits of other Republicans (and his free media coverage) helped him grope his way towards the White House. These victories come at a price in the form of divisiveness and the fanning of the fires of hate. Institutions that are essential to the functioning of the nation have also been corroded and eroded, thus weakening the United States.

The battle between Hillary and Trump is the logical result of these approaches and one of them will be president. While there is always talk of reconciliation after elections, the last eight years have revealed that the Republican Party is quite comfortable with obstruction and the Democrats have not proven strong enough to remove the blockage in the pipes of government. While some have pointed to racism as a factor in the case of Obama, the Republicans seem to be even more intent on blocking and thwarting Hillary if she wins. John McCain, once known for being willing to work with Democrats, has already vowed to block anyone Hillary nominates to the Supreme Court. While this would yield short term political advantages to some Republicans, this approach is fundamentally damaging to the country. In addition to damaging peoples’ confidence in the institutions, keeping the court at eight judges will be problematic. This would only get worse as judges die. In theory, the senate could eliminate the court in this manner, which would be disastrous.

If Trump gets elected, the Republicans might do the same to him, depending on who he selects as his nominees. If the Democrats take the senate, they might decide to block Trump’s nominees and point at the Republicans when they are criticized. Naturally, a senate controlled by Democrats would most likely approve Hillary’s nominee. From the standpoint of restoring the court to its full membership, the election of Hillary and the success of the Democrats in the senatorial races are probably the best bets. Of course, conservatives might not be happy with her choice—at least in regards to social issues. However, Hillary is essentially a moderate classic Republican, so she would probably appoint a fairly moderate judge. Who would be perceived as a radical liberal by those on the right. Of course, there is more to the presidency than just appointing judges—there is also doing the business of the executive branch. This could also prove problematic.

Trump is already scheduled for court dates, so those will presumably interfere a bit with his presidency. While Hillary is not yet scheduled for any court appearances, the Republicans are already planning out years of investigations. In addition to wasting time and millions of dollars in public money, these investigations will (as intended) most likely greatly dampen the effectiveness of her presidency. After all, spending countless hours testifying will eat up her time and the investigation will damage her reputation more and weaken America’s standing in the world. After all, foreign leaders will realize that such a divided government will be weaker, less effective and not paying as much attention to the world. But, the Republicans will gain a short term political advantage at the cost of eroding America’s power and standing in the world—which is presumably totally worth it. Of course, Hillary could have elected to forgo running for the good of the country; but she is also very focused on her own advantage. The Democrats probably will not take the House, but if they do, then Hillary will have much smoother sailing. This might be good for the country. Or not.

While Republicans have not planned years of investigations into Trump (should he be elected), some have claimed that they intend to oppose him when he goes against the party ideology. Trump is likely to do just that and Democrats will certainly oppose him, so a Trump presidency will also almost certainly result in the continuation of the standoff between the presidency and Congress. But, perhaps the next president will be able to do some things.

Hillary has, of course, many detailed plans and policies and an established track record. As such, it is easy to predict what she will do and this is business as usual. While not great for the working people of America, business as usual is not the worst option. Continued growth and increased employment seem like good trends. She will also presumably keep the Obama social programs on track, which is not the worst thing that can happen.

Trump has no track record in politics, but he does have an awful record in business—presumably he will use his business skills in office. This would seem to be a bad thing. Trump speaks in vague generalities and untruths and often makes no sense, so it is difficult to say exactly what his policies will be. Presumably he will try for the wall, try to kick out illegals, and use his secret plan on what is left of ISIS. Or whatever—one cannot really say what he will do. However, given his complete lack of experience, his temperament, and the skill set he has displayed in his reality shows, it would be reasonable to predict that he would be a disaster as a president. But, perhaps he will do shockingly well. His supporters claim he will surround himself with good people—perhaps they can run the country for him and do a good job.

Regardless of who gets elected, the next four years could be really bad. So bad, in fact, that future historians might mark this election as a key point in the decline and fall of the American Empire. If so, it is also on us—democracy gives us the government we deserve.

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Protests & Patriotism

Colin Kaepernick stirred up considerable controversy by protesting racial oppression in America during the national anthem. His main concern is with the oppression that he claims occurs in America.  While most of his critics acknowledge that he is within his legal rights, they believe that he should not exercise them in this manner. I will consider some of the objections against Kaepernick and also address some of the broader moral issues raised by this protest.

One tactic used against Kaepernick’s protest is to assert that his protest against oppression is invalidated because, as a rich and privileged NFL player, he is not personally oppressed. This approach is flawed in at least two ways. If the intent is to reject his claim that oppression exists by attacking him, then this is a mere ad hominem fallacy. This is a stock fallacy in which an attack on something about a person is taken as refuting a claim made by the person. This is a fallacy because the truth of a claim is independent of the qualities of a person making it. This is not to say that credibility is irrelevant, just that a person’s qualities do not bear on the actual truth of their claim.

This attack can also be seen as based on the view that only a victim of oppression or harm has the moral right to protest that oppression or harm. While this might have some appeal, it does seem fatally flawed. To illustrate, if this principle were accepted, then it would follow that only those killed by abortions would have the moral right to protest abortion. This would be absurd on the grounds that no protest of abortion would be possible because all those harmed by it would be dead and unable to protest. To add another illustration, only victims of crime could thus speak out against crime, which is also absurd. If the principle were taken somewhat more broadly, it would follow that only victims of cancer could try to raise awareness of cancer. As such, the claim that he is not himself oppressed has no bearing on the truth of his claims or his right to protest.

Another line of attack is to go after his character and allege that he is not sincere: he is protesting only to gain attention and bolster a flagging career. This approach can have merit in regards to the matter of whether or not he is a virtuous person. If he is not sincere and using the protest for personal gain, then he can be justly criticized on moral grounds. However, attacking him in this manner has no logical bearing on the truth of his assertions or the merit of his protest. This is just another ad hominem attack.

To use an analogy, a person who uses an opportunity to focus attention on cancer in order to engage in self-promotion is not a virtuous person, but this is irrelevant to whether or not cancer is a real problem. As such, his motivations are irrelevant to the validity of his protest.

There are those who take the approach that his protest is invalid because there is no oppression of blacks. Those who believe that oppression exists point to objective data regarding income, wealth, educational opportunities, hiring, sentencing, and so on that seem to show that oppression is both real and systematic.

Those who deny it either simply deny the data or explain it away. For example, the disproportionate arrest rates and harsher sentences are explained by alleging that blacks commit more and worse crimes than whites. Since this is an ideological issue tied to the social identity of many, the lines are rather solidly drawn: those who strongly deny the existence of oppression will generally never be convinced by data. Since they do not experience systematic oppression based on race, they also tend to claim that it does not exist because they have not experienced it—although some will claim that they have been mistreated for being white.

I do find the evidence for oppression convincing, but I am certain that those who disagree with me will not be convinced by any evidence or argument I can offer. Instead, they will attribute my belief to a distorted ideology. That said, perhaps an appeal can be made to the white people who believe that they are oppressed in various ways—they might be willing to admit that blacks are not excluded from this oppression. For example, Trump supporters often speak of how the system is rigged by the elites—they should be able to accept that there are many blacks who are also victims of these elites.  This might allow for some common ground in regards to accepting the existence of oppression in the United States. I now turn to the broader issue of whether or not it is morally acceptable to protest during the national anthem.

Critics of Kaepernick contend that protesting during the national anthem is disrespectful and most assert that this action is especially insulting to the troops. When considering the matter, it is well worth noting that the national anthem was first played at games as a means of attracting more paying customers. Given its use in this manner, it would seem somewhat problematic to attack Kaepernick for using it as an opportunity to protest. After all, he is using the opportunity to bring attention to injustice in America while its original use was simply to make more money. In this regard, he seems to have the moral high ground.

It could be replied that although it began as a marketing tool, it evolved into a sacred ritual that is being besmirched by protest. One line of criticism is that to protest during the national anthem is to disrespect the troops who died for the freedom of expression. This requires assuming that the purpose of playing the anthem at games is to honor the troops—which might be the case. However, if the troops did die for, among other rights, the freedom of expression then the exercise of that right would seem to be a legitimate means of honoring these troops. Endeavoring to silence people would seem to be an insult to those who are said to have died for the right of free expression. That said, there is certainly a reasonable moral concern in regards to decorum during the national anthem, just as there are also such concerns regarding behavior at any time. Kaepernick’s protest seems to be a very polite and respectful protest and thus does not seem problematic in this regard. Others, of course disagree.

Some of the critics merely want him to stop protesting in this manner. Others such as Trump, go beyond this and engage in a classic reply to those who criticize America: if you do not like how things are, then leave the country.

On the one hand, it could be argued that is a reasonable response. To use an analogy, if a person does not like their marriage or neighborhood, then leaving would be a good idea. Likewise, if a person does not like their country, then they should simply depart in search of one more to their liking. This view seems to fit well with the idea that one should be for their country “wrong or right” and not be critical. True patriotism, one might say, is simply accepting one’s country as it is and not engaging in protest. It is, of course, weirdly ironic that Trump is telling Kaepernick to leave, given that Trump relentlessly spews about how awful things are in America and how it needs to be made great again.

On the other hand, this response can be seen as tactic aimed at silencing criticism without considering whether the criticism has merit. Going back to the analogies to marriage and a neighborhood, a person who believes there are problems with either could be justly criticized for simply abandoning them without making any attempt to address what they dislike. A true patriot, it could be argued, would no more remain silent in the face of problems with their country than a true friend would remain silent when their friend needed an intervention. This view is, of course, not original to me. Henry David Thoreau noted that “A very few—as heroes, patriots, martyrs, reformers in the great sense, and men—serve the state with their consciences also, and so necessarily resist it for the most part; and they are commonly treated as enemies by it.” I do not, of course, know Kaepernick’s true motivations. But, his calling attention to the problems of the United States with the expressed desire to improve America can be reasonably regarded as a patriotic act. That is, after all, what a true patriot does: they do not remain silent in the face of evil and defects, they take action to make their country both good and great.

 

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CSI Overconfidence

Television shows and movies about CSI often seem to present a science fiction version of investigation that involves amazing technology and incredible inferences. While people do get that the almost magical solving of crimes is fiction, there is still considerable overconfidence in many methods used in real investigations. This overconfidence plays a significant role in some of the problems infecting the criminal justice system.

The history of criminal investigation is replete with debunked methods, such as the use of phrenology to diagnose criminal tendencies. There are also technologies that have little or no validity and are not admitted in court, yet enjoy some public confidence (such as lie detectors). There are also methods that might have some value in investigations, yet are the subject of unwarranted overconfidence in their efficacy. These include such things as bite mark analysis and fiber analysis. Other methods are reasonable useful, such as fingerprints, yet are still often accepted with an unwarranted level of confidence—especially in situations where the defendant has an ill-prepared and overworked public defender. Defendants of means or fame can, of course, purchase a better sort of justice.

In contrast with the above methods, DNA identification strikes many as a silver bullet. After all, aside from identical twins (or clones), no two people have the same DNA. This would seem to make the presence of a person’s DNA at a crime scene extremely good evidence for their involvement.

While such evidence is valuable, it is rather important to consider the limitations of and problems with this method. Contamination and transference should always be given due consideration because DNA can travel quite far. This can be illustrated with an example involving my husky.

Like all huskies, my husky generates an incredible amount of fur and this fur gets onto everything and everyone. The fur is thus transported from my house to various points around the world—I know for a fact that her fur is now in at least five states—although she has not left Florida. As such, if fur sampling was used to determine what dogs had been present, she could show up as being present in many, many locations that she did not visit. The same also holds true for humans. While humans do not shed like huskies, humans do shed hair and this can get onto people and objects that could end up in crime scenes. For example, if Sally wears a hat and it ends up in someone else’s possession, that hat will almost certainly still have Sally’s DNA on it. So, if the hat is found at a crime scene, Sally’s DNA will be found there as well, which could be trouble for Sally.

These concerns do not show that DNA testing should not be used; rather they show that is wise to maintain a degree of healthy skepticism in the face of such evidence. It also shows the importance of informing law enforcement, judges, juries and lawyers about the limitations of methods This assumes, of course, that those involved (have the time to) care about justice—which is not always the case in the criminal justice system. There is also the concern, as noted above, that the quality of a person’s defense is a function of their available resources (be they money or fame). These are, of course, concerns that go far beyond worries about particular methods.

It can be objected that educating people about the limits of such methods could create a skepticism that might undermine convictions. For example, that the possibility of “wandering DNA” could be used to create unwarranted doubt, thus allowing the guilty to go free. A skilled and well paid lawyer could exploit such doubts quite effectively and allow a lawbreaker to go free—thus preventing justice from being done.

This concern is reasonable; while overconfidence is problematic, so is under-confidence. However, the United States’ criminal justice system is supposed to operate on a presumption of innocence: it is better to err on allowing the guilty to go free than to err towards punishing the innocent. As such, the greater mistake would be overconfidence in a method. However, there is the concern that these doubts would be exploited by those who have the resources to purchase an effective defense, while the less fortunate would not benefit from them. But, as has been noted, this is a general problem with America’s pay-to-play legal system.

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