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Is Photorealistic Drawing Art?

 

Richard Estes, 1968, Photorealism

Richard Estes, 1968, Photorealism (Photo credit: Wikipedia)

 

Traditionally, drawing has been regarded as an imitative art. That is, artists create images based on real things. Naturally, this imitation can range from simply copying entire scenes to creating an original assembly from bits and pieces of real things. Descartes, in his clever painter analogy in his Meditations, makes note of this interesting nature of painting (which also applies to drawing). As he saw it, perhaps dreams are assembled like paintings from bits of real things. At the very least, he argues (before moving on to even greater skepticism), the colors used are real.

Moving away from metaphysics and epistemology back to aesthetics, it seems well established that imitating real things does not disqualify a drawing from being art. In fact, artists are often praised for their ability to accurately imitate reality. Interestingly, though this realism is often praised, there might be a point at which a drawing is too real to be considered art.

One argument for this is easy enough to make. When teaching my aesthetics class, I demonstrate my lack of drawing ability and ask them why my badly drawn capybara is not art. They point out the obvious—it does not look much a capybara because it is badly drawn. I then ask them if it would be art if I could draw better and they tend to agree. I then ask about just photocopying (or scanning and printing) the picture I used as the basis for my capybara drawing. They point out the obvious—that would not be art, just a copy.

Obviously, part of the reason the photocopy or scan would not be art is that it is just a mechanical reproduction (although I am sure that someone clever could argue that it is art and someone even more clever would find a way to sell it as art to people with more money than sense).

Things become considerably more interesting when a photorealistic image is created not by a technological means of duplication, but by hand. For example, Samuel Silva recreated the image of a red haired girl from a photo by Kristina Taraina as well as other photorealistic images. While Silva works with color Bic pens (seriously), Paul Cadden creates his photorealistic works by drawing and also with paints. He, however, uses the term “hyperrealism” rather than “photorealism.”

Clearly, the creation of such realism in imitation requires great technical skill. For example, Silva can create photorealistic colors using Bic pens and this demonstrates an impressive mastery of color. There is also the obvious technical skill required to imitate a photograph with such incredible accuracy.

However, it is clear that technical skill alone does not make the results art. After all, this technical skill can be exceeded by a decent color photocopier or a computer connected to a color scanner and printer.

It might be objected that the technical skill does make it art, despite the fact that a machine can do it better. To use an analogy, the fact that a scooter could beat a champion runner does not prove that the runner is not an athlete. Likewise, the fact that a machine can imitate better than Silva or Cadden does not mean that they are not artists. This leads to a second point about art and imitation.

The problem, it can be argued, is not that a machine can imitate better than Silva or Cadden. Rather, it is that there seems to be a point at which the exactitude of the imitation ceases to be a contribution to the artistry and rather begins to detract from it. While it seems unlikely that an exact tipping point can be specified, it does certainly seem that this is the case. Why this is so can be shown by returning to the reason why a mechanical copy is not art: there is nothing in the copy that is not in the original (laying aside duplication defects). As such, the more exact the copy of the original, the less room there is for whatever it is that makes a work art. As such, to argue that Silva or Cadden is an artist requires showing that they do more than merely copy. That is, they must add something aesthetically significant to their work that is not in the original.

One obvious avenue of approach is to draw an analogy to photography. By its very nature, an unaltered photograph merely captures an image of what is there (photons bouncing of surfaces and all that).  What the photographer adds is her perspective—that is, she selects what she will capture and thus what makes the work art is not that it duplicates reality (which it must by the laws of physics) but that the photographer has added that something extra (which, to steal from Locke’s Indian, I must say is “something I know not what”).

As such, someone who creates photorealistic images of photos could be adding that something extra in a way comparable to what photographers do when they create their art (assuming, safely enough, that a photograph can be art).

The rather obvious reply to this is that a person who is creating a photorealistic re-creation of a photograph does not seem to be adding that something extra. Cadden does, however, claim that he is not engaging in photorealism, but rather in what he calls hyperrealism. He says that

“Hyperreal paintings and sculptures are not strict interpretations of photographs, nor are they literal illustrations of a particular scene or subject. Instead, they utilise additional, often subtle, pictorial elements to create the illusion of a reality which in fact either does not exist or cannot be seen by the human eye” and he adds that “Furthermore, they may incorporate emotional, social, cultural and political thematic elements as an extension of the painted visual illusion; a distinct departure from the older and considerably more literal school of Photorealism.”

From a theoretical standpoint, Cadden is certainly on solid ground. After all, he makes an argument analogous to the one used above, namely that he adds that “aesthetic extra” that makes his work more than a technical achievement in manual duplication. There is, however, the question of whether that “aesthetic extra” is present in his works. Since he works from photographs, it seems easy enough to put the matter to an empirical test by comparing his works to the original and giving due consideration to the difference. As such, if his work differs in aesthetically significant ways from the original image, then it would be safe enough to consider it art and him an artist.

In any case, both Silva and Cadden are remarkably talented and do amazing work.

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How Much is Genes?

This image shows the coding region in a segmen...

This image shows the coding region in a segment of eukaryotic DNA. (Photo credit: Wikipedia)

In the previous essay, I addressed the matter of the state’s contribution to an individual’s success (and failure). Naturally, no discussion of success would be complete without a discussion of genetics.

While the role of genetics in human behavior is a rather complicated matter, it does seem eminently reasonable to accept that genetics play at least some role in success (and failure). Interestingly, these genes might not all be human—there are some interesting new findings regarding the role of the bacteria that live in us (which outnumber the cells in the human body 10 to 1).

Thanks to years spent in athletics, I have had access to an informal laboratory in which I could observe various factors at play when it comes to success. As might be imagined, genetics probably plays a rather significant role in athletic success (and failure). Being a runner, I will limit myself to running, but the same points can be applied to other aspects of life as well.

One rather obvious role of genetics is body type. As people who run or at least watch competitive running know, the top runners tend to have a rather specific body type. While much of this results from training, there are factors that are genetic. After all, no amount of running will give a person longer legs. There are also the factors that one cannot see, such as the efficiency of the cells when it comes to handling the energy requirements of competitive running. While these factors can be influenced by training, natural ability (which is probably largely based in genetics) does have a significant impact and this is supported by my own years of competitive running.

Having run in high school and college, I was able to observe runners who were in the same training programs, had similar backgrounds and lived in similar conditions. However, performance obviously varied quite a bit even among people who followed the exact same training. In my own case, I was fairly lucky—while I lacked the easy high school success of “natural athletes”, I found that training really paid off for me. In contrast, some other runners worked as hard (or harder) than me, yet did not meet with the same level of success. Of course, there were also runners who trained as hard as I did (or less) who did much better. After graduation, I was no longer on a team, but still trained with other runners. Obviously, some people I trained with and ran with step-for-step were better than me and some were worse. I also found out the obvious—no matter how hard or smart I trained, I would never be able to make the Olympics (although I did run against some of the best American marathoners in Ohio back in 1992).  It makes sense to attribute some of this failure to genetics—my body simply cannot match what the Olympic marathoners can do, despite all that training. Of course, it also makes sense to attribute some of my success to genetics—while I do not have Olympian genes, I have brought home plenty of trophies. Plus, as we old runners say, running is itself a victory.

Naturally, these results were impacted by many variables, but the fact that genes influence performance seems to be well-established. The more interesting question is, then, “how much do genes influence success (and failure)?”

Not surprisingly, people often turn to the study of twins to attempt to sort out what is genetic and what is not. After all, twins are supposed to be genetically identical and hence any differences between them would be non-genetic in nature. Interestingly, it has turned out that twins are not actually identical, thus entailing that some differences might be genetic. There has also been some recent interesting work regarding the bacteria that inhabit the human body and their influence on such factors as health. Oddly enough, it might be the case that some of a person’s success is due to his bacteria.

While the physiological aspects of running and other activities at which one might fail or succeed seem to be strongly influenced by genetics, there is obviously a rather open question as to how much genetics impacts what might be called the mental aspects of success and failure. Going back to running, training and competition have very significant mental elements. For example, there is the matter of having the will to train as needed. As any runner will tell you, real training hurts. Of course, racing hurts more—a big part of being a competitive runner is having what Hobbes called the will to hurt. Only in this case it is the will to hurt yourself rather than others.

As might be imagined, if the “mental” aspects are as influenced by genetics as the physical aspects, then much of a person’s success or failure rests in these genes. For example, if the ability to finish a race despite a broken leg is not a matter of the will of the athlete, but a matter of the structure of his brain that resulted from the genes that constructed it, then he did not succeed. Likewise, if a runner is “broken” in the final sprint by a tougher runner because of the genetics of their nervous systems, then he has not failed.

Shockingly enough, the essay ends as it began, with the question unanswered. After all, we do not know how much the genes influence our success (and failures). But, I got to write about running and that is a success.

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Controlling Guns

M16A1, M16A2, M4, M16A4, from top to bottom

The terrible shootings in Colorado, USA on July 20, 2012 stirred up the gun control debate once again. Not surprisingly, some folks pointed to this horrific event as evidence that there is a need to make changes regarding gun control. Also not surprisingly, other folks tried to quickly head off attempts to use the event in this manner. As might be imagined, the matter of gun control is one well worth considering.

While people often regard it as odd that an allegedly liberal philosophy professor would be pro-gun, this is the case. The psychological explanation for this is easy enough: I was shaped by my pro-gun upbringing. I learned to shoot as soon as I could hold a gun, I hunted for years, and I am still a gun owner. I enjoy shooting and I feel comfortable with guns (although people with guns but without a proper grasp of firearm safety worry me). Naturally, how I feel about guns is no indication of what I should think about guns and gun control. As such, I will turn now to actually arguing about the matter.

Gun control, the limiting of gun ownership, can be supported by a very reasonable utilitarian argument. By restricting gun ownership, the likelihood of people getting injured or killed by guns is reduced. While denying people the right to own guns can be taken as a harm, this is supposed to be offset by the greater reduction in harms to the potential victims of guns (or people with guns).

Because of the utilitarian argument, I do accept that gun control laws can be morally justified. However, there is still the question of the extent to which guns should be controlled. There are, of course, varying degrees of possible gun control which range from none at all (which can be seen as a state of nature in the sense of Locke or Hobbes) to complete gun control in which no private citizen is allowed to own a gun.

In the United States, people are often inclined to view gun control as a special sort of matter rather than being a matter of general principle about the legitimate extents of liberties and limitations. On the right, gun ownership is sometimes venerated and defended with zealous devotion. On the left, guns are sometimes seen as inherently terrifying (perhaps even as mechanical monsters whose very existence threatens life and limb). I, however, prefer to approach the matter of guns by attempting to follow a general principle that can be used to sort out what should be allowed and what should restricted.

As noted above, the main argument for restricting specific gun liberties or rights is to reduce or prevent harms that would be more likely to occur without restrictions. This is, obviously enough, based on the more general principle that rights or liberties can be restricted under the justification of preventing or reducing harms. As such, it would seem useful to discuss the matter of gun control in this more general context.

Given that the goal of gun control is to reduce or prevent harm, it might be tempting to argue in favor of complete gun control or, at least, incredibly strict restrictions. After all, if such a level of control could be established over the entire population, then the amount of harm involving guns would be greatly reduced. The general principle at work here would be, obviously enough, that a complete ban or incredibly strict restrictions would be justified by the fact that they would significantly reduce the harms that involved guns. While this has a certain appeal in regards to guns, it seems rather less appealing when applied to other things.

If the goal is simply to reduce the number of deaths, then gun control would be rather low on the priority list of things that need to be strictly controlled. After all, far more people perish due to automobiles, tobacco, alcohol and obesity than die in incidents of gun violence.  As such, if guns can be severely restricted under the justification that doing so would reduce the number of deaths, then it would follow that automobiles should be subject to the same level of restrictions because they generate a significantly greater death toll. Also, the causes of obesity should be addressed by very strict laws regulating what foods people can purchase, consumption volumes and exercise. While some do advocate for such restrictions, most would see these as absurd. However, if banning Big Macs and cars is absurd, then banning guns would also seem absurd.

It can, however, be argued that there are relevant differences between strict gun control and such things as strict automobile and obesity control. In the case of obesity, it can be argued that a person who is obese is primarily hurting himself (although general obesity does impose some harm on society as a whole). Assuming that people have a right of self-harm (a right I do accept) while not having the same liberty to harm others, then the distinction is easy to make. Except, obviously enough, for gun deaths resulting from suicide—if slow suicide by obesity should not be restricted, then it would seem that quick suicide using a gun would also be a liberty. At the very least, suicide deaths involving guns should be regarded as morally distinct from homicides involving guns.

In the case of automobiles, it might be tempting to argue that automobile deaths are accidents while gun deaths are intentional. However, there are accidental deaths involving guns and intentional deaths involving automobiles. Obviously enough, a vehicle can be used as a very effective weapon, albeit one that is hard to conceal.

A more plausible line of argument is to take a utilitarian approach: while severely restricting automobiles would significantly lower death and injury tolls (not to mention reducing pollution and perhaps encouraging exercise), the utility of the automobile provides an adequate offset against the harms arising from automotive liberty.

Unlike cars, it could be argued that guns lack adequate utility to morally justify the harms they cause. After all, guns are mainly used for entertainment such as hunting and target shooting. While they are sometimes used for survival hunting or protection against animal or human threats, these benefits are offset by the harms of allowing gun rights or liberties.

Naturally, when making the calculation of harms and benefits, if the entertainment value of guns is to be discounted or dismissed, then the same must be done for automobiles and anything else. This would include pool ownership. While pools are mainly for amusement, they cause numerous drowning deaths every year. This would also apply to tobacco—which has no practical benefit and is used solely for pleasure, despite the fact that it harms the user and those exposed to the second hand smoke. It could even apply to junk food, snacks and desserts—these are consumed for pleasure rather than any health benefit, yet are major contributors to obesity. It could even be argued that these harmful products are inflicted on people (by advertising and subsidies that make them cheaper than healthy food) and thus they could be seen as a form of attack.

Interestingly, if the restriction of guns is based on arguing that they are primarily entertainment and lack suitable utility, then the same line of reasoning can be used to restrict automotive rights. After all, if the enjoyment of target shooting does not justify the liberty to use a gun for this purpose, then the enjoyment of driving would not justify the liberty to drive for this purpose. As such, if automotive liberty is warranted in the face of death and injury on the basis of the utility of the automobile, then it seems reasonable to restrict automotive usage to matters of utility, such as transporting heavy items over a long distance. Merely driving around for amusement or to go someplace to be amused, such as a movie, would surely not warrant putting oneself and others at risk of death and injury.

Of course, gun defenders would tend not to concede that guns are primarily for amusement. Rather, they would point to the defense value of guns. After all, people are less inclined to attempt to commit crimes against those who are armed and being armed enables a person to mount a more effective defense against attackers. There is also the argument that private ownership of guns provides a balance against the compulsive power of the state. An unarmed population is only free at the discretion of the armed, which is a rather uncertain sort of freedom.

The stock counter to this is that people are, in fact, safer without guns and that the state can generally be trusted not to oppress the people to a degree that would necessitate armed resistance. These are, of course, factual matters—but not uncontroversial ones.  After all, at the same time the terrible shooting was in the news so too was coverage of the Syrian state attacking its own people, people who had to turn to the force of arms to hold back the slaughter. Naturally, it can be said that it would be a better world without any weapons at all. This is true, but it would also be a better world if no one was willing to hurt anyone else and both of these seem about equally likely to come about.

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Homelessness

English: A chronically homeless individual inh...

English: A chronically homeless individual inhabiting a bus shelter in Porter Square (Photo credit: Wikipedia)

In the United States, the number of homeless shelters increased in the 1980s due to a variety of factors. One factor was the recession of that time which resulted in more people being unable to afford housing. A second factor was a shift away from single room housing. Though rather limited in size, this sort of housing was cheaper than the alternatives. Back in the early 1990s, some of my fellow graduate students lived in singles, but these seemed to be (like most graduate student housing) relics from another time. A third factor was the infamous closing of mental institutions and reduction in care for the mentally ill. While proponents of the approach lauded the cost savings, some critics saw it is as simply dumping the ill onto the streets.

In the face of this surge in homelessness religious groups, charitable organizations and governments increased the number of homeless shelters. The intent was to provide people with a place to stay until they could sort out their problems and thus be able to have a permanent home. This approach does make a certain sense and did work in some cases. After all, it seems reasonable to infer that people become homeless because of problems (financial, mental and so on) and that once these problems are fixed, then a person will be ready to have a home. Unfortunately, this approach did not prove very successful and there are about 640,000 homeless Americans with about 110,000 of them being chronically homeless.

Fortunately, an alternative approach seems to be having a more positive impact. This approach reverses the old approach: rather than “fixing” people so that they are ready for permanent homes, this approach involves getting the homeless into more home-like shelters or permanent housing. Those who need treatment are given treatment and the results seem to have been very positive: 85% of those involved in this approach remain in their homes rather than ending up back on the streets.

While this approach seems to have merit, there is the stock concern that the state funded programs are wasting the taxpayers’ money by supporting free-riders. Somewhat ironically, the troubled economic times that increase homelessness also decrease the funding available for such programs and also gives some support to claims that scarce financial resources should be better used, perhaps by allowing more tax breaks for the job creators. As such, there seem to be two main arguments against funding such programs with state money.

The first is a utilitarian argument. Because of the recession, there is less state money available than what was normal before. As such, it is even more important that the money be spent effectively. Putting money into shelters, programs and permanent housing for the homeless would yield less positive results than using the money elsewhere (such as deficit reduction, tax breaks for the job creators or maintaining infrastructure). As such, the money should be spent in these other areas rather than in addressing the problem of homelessness.

This argument can, of course, be countered by showing that the money spent on addressing homelessness would be less than the cost of not addressing the problem. If this is the case, than the cost argument favors spending the money rather than incurring the costs that can be avoided or mitigated by spending.

While homelessness is clearly bad for the people who are homeless, it also is rather costly to society as a whole.

One area of cost is the medical costs of homelessness. On average, homeless people average hospital stays four days longer than comparable non homeless people. This costs about $2,414 per hospitalization. Also, since homeless people tend to not have insurance, the cost is born either by the state (that is, us) or by those with insurance (in the form of increased premiums).

Not surprisingly, people do become homeless because of medical problems and medical problems are also caused by being homeless. Those who are homeless are more likely to become ill than those who have homes and are more likely to suffer from problems of greater severity. As such, homelessness adds a burden to the health care system, especially the emergency rooms. Addressing the problem of homelessness would help reduce these costs.

Another area is crime and prisons. People who are homeless tend to spend more time in prison than the non-homeless. In some cases, they are arrested for “general” criminal activity, but they are often arrested for breaking laws that are aimed specifically at the homeless, such as laws against loitering and begging.

While prisons can be quite profitable for the private companies that run them, it costs an average of $20,000 a year to keep a person in prison. The specific costs vary due vary. For example, a prison stay in California costs $47,000 a year. While those who profit from prisons will not see it this way, reducing homelessness would be a good thing because it would mean fewer people in prison and thus lower the cost to the taxpayers.

A third factor is the cost of emergency shelters—the traditional homeless shelter. These shelters are considerably more expensive than the cost of a permanent residence. As such, permanent housing would provide a savings over temporary shelters.

Naturally, it is reasonable to wonder what impact the permanent home programs might have on the cost to society of homelessness.

One program resulted in a savings of $2,449 per person each month compared to the cost of temporary shelters. A study in my home state of Maine  showed that the permanent housing approach yielded a 57 decrease in the cost of mental health services, mainly due to a 79% reduction in the cost of hospitalization. In Los Angeles, a study showed that putting four people into permanent housing saved over $80,000 per year.

Of course, this savings assumes that the temporary shelters would be funded. For those willing to allow homeless people to live on the streets, this sort of program would not yield the highest savings. After all, the cost of housing the homeless on the street would be nothing. Of course, this would not reduce the other costs associated with homelessness and would almost certainly increase them. After all, people living on the street are more likely to get ill or injured and also more likely to be arrested.

Of course, the medical costs could be addressed by changing the law so that people can be refused even emergency medical care if they cannot pay and ending all state-funded treatment programs for addiction and mental illness. That is, we could entirely abandon the homeless, other than providing them with prison when they are arrested. Of course, there would still remain the question as to whether or not this would result in a cost saving. After all, the abandonment approach might result in a large enough increase in number of homeless people being imprisoned to offset the savings from abandonment. Naturally, this does not take into account the moral cost of abandonment, just the financial cost.

Overall, the evidence does seem to be that providing permanent housing for the homeless would be a cost saver, though perhaps not as big a cost saver as comprehensive abandonment. The second argument is a moral argument or, rather, various moral arguments. One stock argument is based on the idea that we have no moral obligations to others and hence it is not the case that we should provide such support to the homeless. On this view, we could provide such support, but we are not obligated to do so.

A second stock argument is that providing such support is immoral because it creates a culture of dependency. That is, by providing the homeless with permanent homes and treatment for any health problems they might possess they are learning to depend on others and will be unable to carry their own weight. While not supporting them might seem harsh, the argument is that this sort of “tough love” will enable then to pull themselves up by their bootstraps.

While this line of reasoning has some appeal, one obvious reply is that this approach seems analogous to addressing a broken leg by refusing to treat it because putting a cast on a broken leg will just make the person dependent on the cast.  As with a broken leg a person whose life is broken needs support until she can stand on her own again.

One reply to this is that while this might hold for those who will be able to stand on their own, it does not address the problem of those who will remain dependent on support forever. These people, it can be argued, are just parasites and should not be supported.

I do, of course, agree that someone who is just free-riding the system should not be supported. However, the number of people who will become homeless and unemployed just so they can free-ride seems to be rather low (but more than nothing). After all, most people want to be self-supporting rather than dependent on others. To deny people who need the support to rebuild just because some small percentage of people would free-ride seems as unreasonable as getting rid of handicapped parking because some people will get decals for those spaces that they are not really entitled to.  It can also be countered that supporting a free-rider in such a program would be cheaper and less damaging than having them free-riding on the alternative system.

Another stock moral argument against providing support for other people is that those being supported are stealing from the taxpayers by having their housing and treatments being paid for by others. As such, the homeless are morally in the wrong and we should not enable their theft by allowing such programs. Alternatively, the homeless people could be cast as being pawns used by the politicians who are stealing money from taxpayers and giving it to the homeless. Or, for extra immorality, the homeless and those who enable such support can be seen as being in wicked (or at least misguided) cahoots.

One obvious reply is that by this sort of reasoning we all spend years as thieves. After all, as children we live off our parents (or whoever is keeping is alive), we steal education from the state (or whoever is paying for it), and until we pay enough in taxes to pay for all the public goods and services we use we are stealing every time we walk down a public sidewalk, drive on a public street or go to free a public park. We also steal from all those who have come before us and who enabled us to live in a modern society with technology, medicine and such. That is, we are all beneficiaries of the labor, money and ideas of others. As such, it would be somewhat hypocritical to regard the homeless as thieves because they are assisted by others.

The obvious reply is that the non-homeless who do pay taxes (and presumably pay off their financial debt to their families) eventually pay back what they stole (or borrowed) from society when they were young thieves. Of course, the same could be said of the homeless—if they are able to return to society and work, they can repay what they owe to others.

This does not, however, address the problem presented by those who will either never be able to return to contributing to society or who will not be able to repay what they cost society, perhaps because of mental illness. The obvious reply to this is that it would seem unreasonable to see such people as thieves. It could, of course, be argued that we should be rid of those who cannot support themselves—but this would be a different moral argument than the one based on thievery.

What, then, about people who could return to society but elect to be free-riders? That is, their situation is entirely a matter of choice and tomorrow they could be at a job earning enough to pay their own way. In this sort of case it would be reasonable to regard these people as thieves. After all, they are taking what they could earn by honest labor and there would be (by the scenario presented) no justification for them receiving support. However, these cases seem to be rather limited in number (but more than none, I am sure). As argued above, the fact that a very few people might exploit something intended to help people in need does not give an adequate reason to treat everyone in such a program as being an exploiter.

In light of the above arguments, providing permanent housing for the homeless seems to be both a cost saver and morally acceptable.

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Are Facts Dead?

Ideology Icon

Misrepresenting facts and actually lying have long been a part of politics. However, it has been claimed that this is the year facts died. The death blow, at least according to some, was April 18, 2012. On this day Representative Allen West of my state of Florida claimed that about 80 congressional democrats are members of the Communist Party. A little fact checking revealed that this is not the case. Interestingly enough, West decided to stand by his remarks rather than yield to the truth. While this might seem odd, West’s approach was probably the best policy politically.

In some cases, the abuse of facts is more subtle. For example, Obama has been attacked on the grounds that the average economic worth of the middle class in the United States plummeted on his watch. While this is truth-like, it does leave out some key information, namely that the plummet was well underway when Obama took office. To use an analogy, it would be like blaming a new pilot who took the stick halfway through a nose dive for that nose dive. Sure, he is at the stick and the plane was in a nose dive—but he did not put it there. As might be imagined, this approach of making truth-like claims is not limited to the right. For example, Romney is being bashed for the Massachusetts’ seemingly bad job creation numbers while he was governor. However, Romney’s situation was very much like Obama’s: he took the stick after someone else put the plane in a dive. Given that the situations are comparable, both men should be able to avail themselves of the same defense. Also, it is tempting to think that getting the relevant facts would defuse these attacks. That is, one might want to think that people would regard both attacks as flawed and essentially unfounded and this would be the ends of these attacks. But, one does not always get what one wants.

While this might come as something of a shock, people are often not very rational—especially when it comes to politics. While both of these attacks have been addressed in detail subject to rational examination, this did not spell their end. In fact, it has been found that when people get information that corrects a false claim, they will be even more likely to believe the false claim (provided that they claim matches their views).  For example, if Republicans and Democrats read an article that claims that one of Obama’s policies had a significant positive effect and then learn that the initial article was in error, the Democrats would  be more inclined to believe the original article despite the fact that it had been shown to be in error. The Republicans would be more inclined to reject the original article. In short, it seems that corrective information is generally only accepted when it corrects in a way favorable to a person’s ideology.  This has the rather unfortunate effect that correcting an error in an ideological context will only correct the error in the minds of those who already want to believe it is an error and will generally not change the mind of those who want to believe.

In addition to the obvious problem, this tendency also means that people who are wrong (intentionally or unintentionally) generally will not suffer any damage to their credibility among their own faction, provided that their errors match the ideology of said faction. As such, the consequences of saying things that are not true seem to be generally positive—at least from a pragmatic standpoint. After all, if the claim matches the proper ideology and is not called out, then it will be accepted. If it is called out and shown to be in error, the criticism will generally serve to incline those who agree with the claim to still believe it. As such, presenting an ideologically ”correct” falsehood (which need not be a lie) seems to be generally a win-win situation.

Since I teach critical thinking, this rather worries me. After all, I devote considerable energy to trying to teach people that they should base their beliefs on evidence and rational argumentation rather than on whatever matches their ideology.  One stock response to my concern is that people are this way “by nature” and hence there is little point in trying to teach people to be critical thinkers. Trying to overcome this tendency and solve the problem of ideological irrationality would be as futile as trying to solve the problem of teen pregnancy by trying to teach abstinence (after all, people are fornicators by nature).

On my bad days, I tend to almost agree. After all, I have repeatedly seen people who are capable of being rational in non-ideological areas show that they lose this capacity when it comes to ideology. However, this is not true of everyone. After all, there are clearly and obviously people who can do a reasonably good job of objective analysis. While some of this might be disposition, much of it is clearly due to training. While everyone might not be trainable, most people could be trained to be critical thinkers. To use an analogy, just as natural tendencies can be overcome by other forms of training (such as military training), this allegedly natural tendency to just go with one’s ideology can also be overcome. I know this because I have seen it happen.

Of course, there is also an artificial barrier. Folks in politics and other areas benefit greatly from being able to (consciously or not) manipulate the poor thinking skills and emotional vulnerabilities of people. As such, they have a vested interest in learning techniques to do this and to ensure that people are left as defenseless as possible. As such, while critical thinking skills are in demand, the education system is actually largely designed to not create such skills. One rather glaring example is that the most basic critical thinking classes are generally taught in college and not earlier. While some educators wonder why students do so badly at critical thinking, this is obviously part of the answer. Imagine what the math skills of students would be like if they took their first actual math class as a college freshman. While it might be countered that critical thinking is too hard for kids, this is clearly not true—the basics could be taught as soon as kids were being taught the basics of math and probably even earlier. In short, I would say that much of what is attributed to human nature is actually the result of education—or the lack thereof.

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Soda & the State

 

Soft drinks on shelves in a Woolworths superma...

Soft drinks on shelves in a Woolworths supermarket (Australia). Taken by myself. (Photo credit: Wikipedia)

 

The mayor of New York is considering a ban on selling sweetened drinks larger than 16 ounces. The ban would not cover diet sodas, fruit juice, dairy products (like milkshakes) or alcohol. It also does not cover grocery or convenience stores. As might be suspected, the intent of this ban is to help combat obesity. About half of the adult population of the city is overweight and the mayor presumably hopes that this ban will help with this problem.

There are, of course, two key factual issues here. The first is whether or not the large drinks in question are a causal factor in obesity. The second is whether or not the ban would have the intended effect.

Not surprisingly, the folks in the relevant industries are claiming that the drinks are not the cause of the problem. On the one hand, it can be claimed that they are in error. After all, it does make sense that consuming large quantities of high calorie beverages (a 12 ounce soda has 124-189 calories) would contribute to people being overweight. On the other hand, it can be argued that this is not the case. After all, the drinks are not the only (or even main) source of calories and hence they are just one contributory cause among many. There is also the point that people are not compelled to consume the large beverages and people are, by in large, obese because of their choices. My considered view is that these drinks make it easier to be obese, but that it would be an error to cast them as the primary villains, so to speak.

In regards to the effectiveness of such a ban, it seems likely that the impact will be fairly minor. While people will not be able to get drinks over 16 ounces, they are not prevented from getting refills or buying as many as they want. While the 16 ounce limit will make it slightly less convenient to get a greater volume of sweet drinks, I suspect that this inconvenience factor will not be enough to impact the obesity problem. After all, people already buy multiple burgers or tacos and can probably adjust easily to getting multiple drinks. There is also the fact that the ban does not affect drinks whose calorie content can exceed that of the banned drinks and people can switch to those. For example, unsweetened apple juice has 169-175 calories per 12 ounce serving.

While the factual matters are of concern, what is of philosophical interest is whether or not the state has a right to impose such bans. As might be imagined, it is easy enough to argue for and against this right using the very same principles.

One reasonable principle is that the state has a legitimate role in preventing harm to the citizens and has a right to use its compulsive power in this capacity. The most obvious examples of this include the state’s role as a military protector and its role as the police. Another reasonable principle, taken from John Stuart Mill, is that the state does not have a right to impose on the liberty of individuals except in cases in which the individual’s actions could cause unwarranted harm to others. For example, the state clearly has a right to prevent citizens from murdering each other.

In the case of the sweet drink ban, it could be argued that the state is acting to prevent harm to the citizens and is thus operating within its legitimate rights. After all, the easy accessibility of high calorie foods in high volume servings makes it far easier for people to over-consume calories and this leads to increased obesity. Obesity presents a clear health threat to individuals as well as imposing significant costs on society (such as lost productivity and increase medical costs). As such, the state would be acting rightly in banning such sweet drinks.

One easy reply is to contend that the ban would not be effective (as argued above) and hence would be an imposition on liberty that fails to achieve its stated goal. It seems reasonable enough to accept that the state should not restrict liberty when doing so would not achieve the stated goal of the imposition-after all, the justification for the imposition would simply not be grounded.

Another reply, and the one I favor, is that even if the ban was to prove effective, it is still an illegitimate violation of liberty. The state does, of course, have a right to protect people from toxic ingredients, especially when such ingredients are not known to the consumer. To use a specific example to illustrate this, the state would be acting legitimately by banning companies from surreptitiously using lead  acetate in place of sugar as sweetener. This is because this substance is known to be toxic and most customers would not willingly consume “sweet lead.” In this case, the state would be protecting the customers from being harmed by the manufacturers. After all, companies do not have the liberty to poison ignorant customers.

In the case of the sweet drinks, the customer knows what s/he is getting: a high calorie (typically low nutrient) drink. While it is unwise and unhealthy to consume large amounts of such drinks, as long as the consumer is freely making the choice to drink the beverage and is aware of its contents and effects, then the state has no right to impose on the individual’s liberty. As usual, John Stuart Mill’s arguments in favor of liberty work quite well here. Naturally enough, the state would be well within its rights to require companies to make information about the beverages available to consumers so that they can make informed choices. However, treating adults as if they were children in this regard is not acceptable nor within the legitimate rights of the state. After all, what is solely the business of the individual is not the business of the state and how much sweet drink a person consumes would seem to be solely his or her business. The choice is thus the right of the individual, be it a good choice (to avoid sweet drinks) or a bad choice (to consume mass quantities of sugar water).

The obvious reply to this is that the harms done by obesity are not limited to the individual. Obesity increases health care costs for everyone, impacts productivity, and has other consequences that extend beyond the individual. Given that the obesity of an individual harms others, then it would seem that the state would have the right to step in and impose restrictions to counter obesity. After all, while people have every liberty to be as fat as they can and want to be, they do not have the right to expect the rest of society to also bear the consequences and costs of their poor choices.  To modify a stock line from the right in the US, why should the rest of us subsidize the cost of obesity-surely that would be a socialism of fat.  If this reasoning is plausible, then there seem to be two reasonable alternatives (and, of course, there might be others).

The first is that the state should act within its legitimate rights to endeavor to counter causal factors that significantly contribute to obesity (such as high volume high calorie beverages). The second is that individuals who wish to enjoy the liberty to be as fat as they choose to be would need to take full responsibility for the consequences of their choices. They would, for example, need to opt out of state medical support in regards to any conditions caused by or aggravated by their obesity, perhaps by purchasing special insurance. Provided that an individual was willing to eliminate the harms his/her choices would impose on others, then s/he would have the perfect right to do as s/he pleases. This is analogous to how certain states allow people to ride motorcycles without helmets provided that they have adequate insurance. Perhaps people could received special ID cards proving they have obesity insurance and  this would allow them to purchase large beverages (and other such things).

A second reply to the liberty argument is that it could be argued that the sweeteners used to create the sweet drinks is actually a toxic substance. Interestingly enough, lead acetate was once used as a sweetener until is was clearly established that it is, in fact, toxic. As such, it is not wildly implausible that the sweeteners currently in use are actually toxic substances that should be properly regulated. While it is easy enough to dismiss the idea that, for example, sugar could be toxic because it just sounds silly, it is rather important to make such assessments on the basis of scientific evidence. If sweeteners are not harmful, then an objective scientific investigation would surely show this. As such, those who think that it is silly to consider sugar and other sweeteners as toxic should insist on objective and extensive evaluation. After all, doing so would silence the rational critics of sweeteners and provide hard evidence to counter attempts to ban or restrict sweeteners and products that use them, such as sweet drinks.

My own view on the matter is that people have a right to the liberty of self-abuse (even self-destruction). However, this liberty does not allow them to impose on others. As such, the freedom to be fat comes with the responsibility to ensure that other people are not forced to bear the price that the individual alone should pay. As the hackneyed saying goes, freedom is not free-and this goes for fat freedom as well.

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Protesting Distance

 

A group of Anonymous protesters opposite the L...

(Photo credit: Wikipedia)

 

In response to the NATO summit meeting in Chicago a diverse and large number of people took to the streets in protest. As is to be expected, the police also took to the streets to maintain order and to ensure that the people did not intrude on the meeting of the elites attending the event.

Obviously enough, the protesters generally wanted to get close enough to the summit so that their protests could be seen and heard by those attending. Equally obvious is the fact that the police were intent on preventing that from happening. In addition to the particular concern regarding this specific event, there is also the more general concern regarding how close protesters should be allowed to get to these sorts of events.

On the one hand, there are clearly legitimate grounds for keeping protesters a considerable distance from such events. The most obvious justifications are those based on security concerns. After all, not all protesters are peaceful and some of them might intend to have a go at those attending the event. There is also to concern that the ever-terrifying terrorists might use the protests as a cover for a terrorist attack.  Given the potential for such danger, keeping the protesters a significant distance from such events can be justified on both moral and practical grounds. In terms of the moral grounds, the justification would (presumably) be that the rights of the protesters to protest close to the event would be outweighed by the rights of those attending not to be harmed. Alternatively, this could be argued on utilitarian grounds: the harm done to the protesters is outweighed by the potential harms prevented against those attending the meeting. In terms of the practical grounds, it is clearly easier to maintain security by keeping what might be regarded as the public rabble away from those attending such events.

On the other hand, a case can be made that the protesters should be allowed close (or at least closer) to such events. One argument is that the protesters do not give up their rights simply because they are engaged in a protest. Assuming that they wish to engage in their protest where they would normally have the right to be, then it would seem to follow that they should be allowed to protest there.

One obvious reply to this argument is that people do not automatically have  the right to engage in protest in all places they have a right to visit. For example, a public library is open to the public, but it does not follow that people thus have a right to shout protest slogans about NATO or taxes or whatever while occupying the public library. This is because the act of protest would violate the rights of others in a way that would seem to warrant not allowing the protest. To use another example, while people have a right to access public streets and sidewalks, it is one thing to be walking, running, biking or otherwise occupying these places as an individual and quite another to be occupying these places in a group that would stop traffic and impede travel.  As might be imagined, getting through crowds of protesters takes more time than driving streets that have been cleared of mere citizens. Such a delay would no doubt be annoying, even if one is in a limousine and has access to a car bar. As yet another example, the noise of the protesters might  interfere with the event, even through the soundproofing of a modern building. As a final example, those attending the event might find the protests upsetting or disturbing. After all, being accused (for example) of being a war profiteer or of destroying the middle class might cause the attendees some emotional disturbances. No doubt people attending such events would prefer a quiet event without anyone shouting such things at them.

This reply can, of course, be overcome by showing that the protest does more good than harm or by showing that the right to protest outweighs the right to quiet and free travel.  After all, to forbid protests simply because they might inconvenience or annoy people would be absurd. However, to allow protests regardless of the imposition on others would also be absurd.

In the case of the NATO summit meeting, the protesters would disrupt things, but being closer to the event would not seem to cause significantly more disruption than being kept away from the event. While it is true that those attending the event will face some logistical challenges getting through the crowd, this could be managed. After all, the police in large cities routinely handle large events in which celebrities, athletes and so on need to be moved through large crowds (such as at concerts and sporting events). As such, it would seem that the logistics objection would not suffice to deny the right of a close protest.

There is, of course, some legitimate concern to protesters disrupting an event. After all, being a protester does not grant a person the right to override the rights of everyone else. Of course it is also true that attending an event and being a political or economic elite does not give someone the moral right to deny others their right to protest (although it certainly can provide the means to do so). Hashing this matter out requires a fair assessment of the legitimate rights of the protesters weighed against the legitimate rights of those being protested. In the NATO summit situation, it does seem that the protesters, at least those that are citizens of the respective states involved or at least affected by said states, do have the right to protest on the basis of their involvement in the issues at hand and to make their views on this matter known to those who make the decisions that impact their lives (and deaths). Given that mere citizens are typically not invited to such events, one of the few ways to express their views directly is via protest that can be heard and seen by the people being protested. This seems to be a rather important right, at least in states that purport to be democratic. After all, the vast majority of people do not have the money needed to hire lobbyists or create super PACS. As such, one of the few avenues of political expression left open is the protest and to impose on this right is to further dampen the voices of the people.

There is, of course, also the pragmatic concern that keeping the protesters at a “safe” distance from the elites by deploying riot police to beat down intruders serves to reinforce the impression of a truly sharp class division between the mere citizens and those who control things. Seeing riot police beating protesters like pinatas to keep them away from the rich and the powerful certainly does create an impression of real class warfare which certainly cannot be good for a state that purports to be a classless democracy.

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Sins of the Past

 

 

The Washington Post recently published a story about an incident that took place during Mitt Romney’s

Mitt Romney, former governor of Massachusetts,...

Mitt Romney, former governor of Massachusetts, 2008 US presidential candidate. (Photo credit: Wikipedia)

years as a high school student. According to the story, Mitt Romney took offense at the long hair of fellow student John Lauber. Lauber was apparently often teased for being a nonconformist and was apparently suspected of being a homosexual. After commenting on Lauber’s hair, Romney took action a few days later. He and some friends tackled Lauber and pinned him down. Romney then cut Lauber’s hair. Apparently no disciplinary action was taken against Romney.

Naturally, some folks pointed out that the story was published close to the time President Obama expressed his support for same-sex marriage and they speculated that the Post might have acted for political reasons. That is, the goal was to contrast Romney’s attack on Lauber with Obama’s enlightened stance on same-sex marriage. While such speculation is certainly interesting, my main focus will not be on whether or not the charge against the Post is true or even on the ethics of timing stories for political advantage. Rather, I will focus on the matter of the sins of one’s past.

Intuitively, under normal circumstances a person is morally accountable for his actions. There are, of course, clear and obvious exceptions to this. In the case of teenage Romney, he seems to be fully accountable for what he did-after all, he does not seem to have been coerced or compelled into this action nor does it seem to involve a situation in which his responsibility would be significantly mitigated. As such, it would be unreasonable to claim that Romney was not morally accountable for his actions.

However, it is fair and reasonable to counter this view with the obvious: Romney did this when he was a teenage male. Research on the teenage brain has confirmed what most people already knew: teenagers have poor impulse control and they think rather differently than adults. Stereotypically, young males are supposed to be even more prone to bad behavior. Thinking back on my own teen years, the research nicely matches my own experiences.  I can recall numerous instances in which either I or other people did rather stupid things. In some cases I was the perpetrator (like the time I whacked a friend in the head with a wooden flail and drew a lot of blood) and sometimes I was the victim (like the time I had my shorts ripped off and was forced to run back to the school wearing just a jock and my shoes). For those readers who are beyond their teen years, I suspect that the same is true.

While it is tempting to excuse Romney on the basis of his brain being immature, this does not seem to be enough of a basis to completely excuse his behavior. After all, having a teenage brain does not preclude a person from making sound moral judgments. It does, however, mean that teenagers are not as good at it as adults and hence should be held somewhat less accountable than adults. John Stewart Mill noted the difference between children and adults in his writing on liberty in regards to the ability to make decisions (which impacted the degree of liberty they should be allowed). From a moral standpoint (and also a legal one) it seems rather important to consider the extent to which an immature brain actually limits judgment and impulse control. After all, it is to this degree that children would be morally (and legally) excused in their actions. This difference is, of course, already recognized in the law: in general, children are not tried as adults and in the United States, there are juvenile courts just for kids.

As might be imagined, it is not currently known exactly how much impact the immaturity of the brain has on judgments and behavior. However, it does seem sufficient for my purposes to say that teenage Romney’s immature brain probably had some impact on his decision to attack Lauber, just as it did in my decision to whack my friend with a flail. However, it seems reasonable to claim that teenage Romney should not be held as accountable as an adult would be in similar circumstances. Likewise for the teenage flail wielding LaBossiere. I will admit that I am unsure of the degree to which accountability should be reduced, but it does seem quite sensible to hold children less accountable than adults and this should clearly extend to Romney (and me).

In addition to the question of the accountability of the moment (that is, how accountable a person is for the action at the time of the action), there is also the question of what the sins of the past reveal about the person of the present. In the case of Mitt Romney, the clear concern is what this incident from his teenage years tells the people of the United States about his fitness to be president. While Romney’s case is rather extreme, similar questions can be asked of each person. For example, what does the flail incident reveal about my fitness to be a professor of philosophy?

When assessing past incidents such as these in regards to current character, another important point of concern is the seriousness of the action. For example, the fact that I got into a couple minor scuffles in school does not show that I am a person of bad character now. As another example, if someone committed unprovoked murder as a teenager, then this would indicate that they could very likely be an evil person today.

In Romney’s case, the incident is somewhat serious. After all, he was involved in what would be considered assault and battery if an adult had done it. Likewise for the time I whacked my friend with the fail (or the time my shorts were stolen). As such, Romney’s incident and my own seem to be matter worth considering when assessing current character. While it rather oversimplifies things, it does make sense to say that we are what we did. That is, that the person I am now is the result of what I did in the past. Because of this, my past actions (and anyone else’s) would thus be relevant to assessing who I am now.

But, of course, there is also the obvious fact that a person is more than just a mere sum of past actions. These actions impact the person and what a person does can, in fact, result in a change so that they would no longer do what they once did. That is, people can change for better (or worse). As such, it would not do to simply look at a specific incident and take it to define the person of today. Rather, it must be taken in context of the person’s life. How a person responds to the past action also seems rather relevant to determining the person’s current character.

In my own case, and the case of my friends, we generally managed to become decent adults. While I whacked my friend with a flail, I grew up to be a rather calm professor of philosophy. My friends turned out rather well, too.  Naturally, I remember the flail incident (and others) very well and I feel rather bad about what I did. This is one reason why I became the calm philosophy professor I am today who has little inclination to strike people with a flail. As such, the flail incident does not show that I am currently a person of bad character.

In the case of Romney, there is currently no evidence that he is now prone to attacking people and cutting their hair. That is, he does not seem to be a bully. What is, however, somewhat worrisome is that he initially denied remembering the incident in question.

On the one hand, a case could be made that Romney honestly did not remember. After all, people forget things. No doubt there are some rotten things that I did as a kid that I have forgotten that other people (such as my parents or sister) remember quite well. Perhaps Romney honestly did not remember. Naturally, some folks might see this as a sign of bad character in that the attack on another person did not make enough of an impression to remain in his mind. After all, I vividly remember hitting my friend with the flail. Of course, I am younger than Romney, so perhaps my memory has yet to fade.

On the other hand, a stock tactic for politicians is to claim they do not remember an incident in which they (allegedly) did wrong. This always strikes me as an odd tactic, especially when there is adequate evidence for the incident and the incident is such that someone should remember it (barring mental deterioration). A claim to not remember a misdeed certainly says something about a person’s current character. Admitting to the misdeed, showing remorse and an improvement in character is, I would contend, says something far better about a person. Unless, of course, it is just a clever move to look good. Perhaps Romney deserves at least some credit-after all, he did not engage in an insincere theater of contrition act.

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The Ethics of Asteroid Mining

 

Asteroid mining spacecraft

Asteroid mining spacecraft (Photo credit: Wikipedia)

 

While asteroid mining is still the stuff of science fiction, Google’s Larry Paige, James Cameron and a few others have said they intend to get into the business. While this might seem like a crazy idea, asteroid mining actually has significant commercial potential. After all, the asteroids are composed of material that would be very useful in space operations. Interestingly enough, one of the most valuable components of asteroids would be water. While water is cheap and abundant on earth, putting into orbit is rather expensive. As for its value in space, it can be converted into liquid oxygen and liquid hydrogen-both of which are key fuels in space vessels. There is also the fact that humans need water to survive, so perhaps someday people will be drinking asteroid water in space (or on earth as a fabulously wasteful luxury item). Some asteroids also contain valuable metals that could be economically mined and used in space  or earth (getting things down is far cheaper than getting things up).

Being a science fiction buff, it is hardly surprising that I am very much in favor of asteroid mining-if only for the fact that it would simply be cool to have asteroid mining occurring in my lifetime. That said, as a philosopher I do have some ethical concerns about asteroid mining.

When it comes to mining, asteroid or otherwise, a main points of moral concern are the impact on the environment and the impact on human health and well being. Mining on earth often has a catastrophic effect on the environment in terms of the direct damage done by the excavating and the secondary effects from such things as the chemicals used in the mining process. These environmental impacts in turn impact the human populations in various ways, such as killing people directly in disasters (such as when retaining walls fail and cause deaths through flooding) and indirectly harming people through chemical contamination.

On the face of it, asteroid mining seems to have a major ethical advantage over terrestrial mining. After all, the asteroids that will be mined are essentially lifeless rocks in space. As such, there will most likely be no ecosystems to damage. While the asteroids that are mined will be destroyed, it seems rather difficult to argue that destroying an asteroid to mine it would be wrong. After all, it is literally just a rock in space and mining it, as far as is known, would have no environmental impact worth noting. In regards to the impact on humans, since asteroid mining takes place in space, the human populations of earth will be safely away from any side effects of mining. As such, asteroid mining seems to be morally acceptable on the grounds that it will almost certainly do no meaningful environmental damage.

It might be objected that the asteroids should still be left alone, despite the fact that they are almost certainly lifeless and thus devoid of creatures that could even be conceivably harmed by the mining. While I am an environmentalist, I do find it rather challenging to find a plausible ground on which to argue that lifeless asteroids should not be mined. After all, most of my stock arguments regarding the environment involve the impact of harms on living creatures (directly or indirectly).

That said, a case could be made that the asteroids themselves have a right not to be mined. But, that would seem to be a rather difficult case to plausible make. However, some other case could be made against mining them, perhaps one based on the concern of any asteroid environmentalists regarding these rocks.

In light of the above arguments, it would seem that there are not any reasonable environmentally based moral arguments against the mining of the asteroids. That could, of course, change if ecosystems were found on asteroids or if it turned out that the asteroids performed an important role in the solar system (this seems unlikely, but not beyond the realm of possibility).

Naturally, the moral concerns regarding asteroid mining are not limited to the environmental impact (or lack thereof) of the mining. There are also the usual concerns regarding the people who will be working in the field. Of course, that is not specific to asteroid mining and hence I will not address the ethics of labor here, other than to say the obvious: those working in the field should be justly compensated.

One moral concern that does interest me is the matter of ownership of the asteroids. What will most likely happen is that everything will play out as usual:  those who control the big guns and big money will decide who owns the rocks. If it follows the usual pattern, corporations will end up owning the rocks and will, with any luck, exploit them for significant profits.  Of course, that just says what will probably happen, not what would be morally right.

Interestingly enough, the situation with the asteroids nicely fits into the state of nature scenarios envisioned by thinkers like Hobbes and Locke: there are resources in abundance with no effective authority (“space police”) over them -at least not yet. Since there are no rightful owners (or, put another way, we are all potentially rightful owners), it is tempting to claim that they are they for the taking: that is, an asteroid belongs to whoever, in Locke’s terms, mixes their labor with it and makes it their own (or more likely their employer’s own). This does have a certain appeal. After all, if my associates and I construct a robot ship that flies out to asteroid and mines it, we seem to have earned the right to that asteroid through our efforts. After all, before our ship mined it for water and metal, these valuable resources were just drifting in space, surrounded by rock. As such, it would seem that we would have the right to grab as many asteroids as we can-as would our competitors.

Of course, Locke also has his proviso: those who take from the common resources must leave as much and as good for others. While this proviso has been grotesquely violated on earth, the asteroids provide us with a new opportunity (presumably to continue to grotesquely violate that proviso) to consider how to share (or not) the resources in the asteroids.

Naturally, it might be argued that there is no obligation to leave as much and as good for others in space and that things should be on a strict first grab, first get approach. After all, the people who get their equipment into space would have done the work (or put up the money) and hence (as argued above) would be entitled to all they can grab and use or sell. Other people are free to grab what they can, provided that they have access to the resources needed to reach and mine the asteroids. Naturally, the folks who lack the resources to compete will end up, as they always do, out of luck and poor.

While this has a certain appeal, a case can be made as to why the resources should be shared. One reason is that the people who reach the asteroids to mine them did not do so by creating the means out of nothing. After all, reaching the asteroids will be the result of centuries of human civilization that made such technology possible. As such, there would seem to be a general debt owed to humanity and paying this off would involve also contributing to the general good of humanity. Naturally, this line of reasoning can be countered by arguing that the successful miners will benefit humanity when their profits “trickle down” from space.

Second, there is the concern for not only the people who are alive today but also for the people to be. To use an analogy, think of a buffet line: the mere fact that I am first in line does not seem to give me the right to devour everything I can with no regard for the people behind me. It also does not give me the right to grab whatever I cannot eat myself so I can sell it to those who just happened to be behind me in line. As such, these resources should be treated in a similar manner, namely fairly and with some concern for those who are behind the first people in line.

Fortunately, space is really big and there are vast resources out there that will help with the distribution problem of said resources. Of course, the same used to be said of the earth and, as we expand, we will no doubt find even the solar system too small for our needs.

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The Individual Mandate

United States Supreme Court building in Washin...

(Photo credit: Wikipedia)

The United States Supreme Court is considering the constitutionality of the Affordable Care Act and this has created quite a political stir. One of the main points of concern is the individual mandate. The gist of this is that individuals are required to buy health insurance. Those who fail to do so will be fined.

Setting aside the rabid rhetoric, the main philosophical issue seems to be whether or not the state has a legitimate right to impose this mandate. Or, as opponents of the mandate put it, whether or not the state has the right to require people to buy a private product.

On the face of it, I am inclined to agree that the state does not have a general right to compel citizens to buy products even when it would be wise and good to do so. As critics have noted, while broccoli is good for people, the state would seem to have no legitimate right to compel people to buy it. This sort of reasoning is consistent with my own view of liberty, which is roughly based on that of John Stuart Mill’s view. The general idea is that people only have a moral right to compel people when the actions in question can cause unwarranted harm to others. Even if doing something would be good or wise, society has no right to compel an individual into doing (or not doing something) when it is not their legitimate concern (that is, involves harm to others).

Because of my adherence to this view of liberty, I would be against the state compelling people to buy broccoli, to exercise or to quit smoking. After all, in such matters the individual is sovereign. Since I endeavor to be consistent in my principles, I also oppose the illegality of recreational drugs as well as any law that would ban same-sex marriage. After all, if it would violate liberty to force someone to buy broccoli because it is good for them, it would also seem to violate liberty to force someone to forgo marijuana because it is bad for them or to forgo same sex marriage because some people do not like it. Not surprisingly, some folks are not quite consistent in these matters: they scream for freedom when an individual mandate is on the line but are quite happy to impose on others when the issue turns to same-sex marriage.

Given my view on a broccoli mandate it might be suspected I would oppose the individual mandate.  However, this is not the case-I actually support it. Naturally, some folks might accuse me of supporting it from blind liberalism. However, my reasons for supporting it are classic conservatism. This should not be at all shocking since the individual mandate actually has a fine conservative pedigree.

Given its origin, it might be tempting to argue that the conservative assault on the mandate is misguided. However, to claim that something is good (or bad) based on its origin would be an error (specifically the genetic fallacy). It might also be tempting to argue that the conservatives are being inconsistent in attacking the mandate given that it was supported by conservatives in the past. However, this would be a mere ad hominem tu quoque.  However, it is certainly interesting to note that the conservative opposition to the mandate seems to be driven by their opposition to Obama rather than the result of a reasoned repudiation of the conservative arguments in favor of the mandate. As such, one might suspect that the rejection of the mandate is motivated in part by an ad homimen attack amounting to “Obama and the Democrats are for it, so it must be bad.” However, my goal is not to consider the history and psychology of the matter, but to present conservative arguments for the mandate.

One stock conservative principle is that people should take responsibility for themselves. This principle is often taken to entail more specific principles, such as the one that people should pay for what they receive and the one that the state should always endeavor to avoid providing welfare and its ilk.

These principles seem eminently reasonable. After all, if I fail to take responsibility and because of this I get aid from the state that I have not paid for, it would seem reasonable to regard me as a thief. To use a specific example, if I decide that I am tired of working and quit my job to go on welfare, then I would seem to be stealing from my fellows. After all, I could support myself and merely would have chosen not to do so. To use another example, if my company gets subsidies from the state when it is profitable on its own, I would thus seem to be robbing my fellows. After all, my company can easily support itself without sponging off the taxpayers.

At this point, one might be wondering what these principles have to do with the individual mandate. After all, it has been cast as the state imposing on liberty by forcing people to buy a product. However, this is not the proper way to see the mandate. To see that this is the case, consider the following.

Back in 1986 the United States Congress passed the  Emergency Medical Treatment and Labor Act. This act mandates that hospitals cannot turn away or transfer a patient unnecessarily when there is an emergency condition. While hospitals can ask about the patient’s ability to pay, they cannot delay or refuse treatment based on a lack of ability to pay. Hospitals can, of course, refuse to provide treatment or examination in non-emergency situations. Hospitals that violate the law can be fined as can doctors who are complicit in declaring a patient’s condition to be a non-emergency when it actually was.

Since people know that hospitals cannot turn away emergency cases, people who do not have insurance often turn to emergency rooms for medical treatment. In some cases, they do so even for routine care on the assumption that the medical personnel will provide at least some care even in the case of non-emergencies. While there has been some dispute over the exact numbers, this has been a problem in many hospitals for quite some time.

Obviously enough, when a hospital provides “free” medical care to the uninsured, it still must be paid for. After all, medical personnel do not work for free nor do the supplies and equipment needed for treatment come free. While hospitals do try to collect from the uninsured patients, this often does not cover the bill. After all, most people who are uninsured are without insurance because they cannot afford it  rather than as a matter of choosing to forgo it. As such, the costs must be passed on to those who have insurance as well as on to the state. It is estimated that covering the bills of the uninsured adds $1500 to a family’s insurance premiums and about $500 to that of an individual.

As such, under the current system hospitals are required to provide services to those who cannot pay and the insured and the taxpayers are compelled to pay the bill. Thus, some people are not taking responsibility by paying for what they receive and others are left to pick up the tab-including the state. This is exactly the sort of situation that one would expect a conservative to rail against. After all, it involves people getting something for nothing as well as other people being compelled to pay more. And, of course, it also involves the state in providing “handouts.”

In this situation, there seem to be two main legitimate conservative options. The first is to ensure an end to the free ride and the government handouts by compelling people to get insurance. This way they would be paying for what they received and not being free riders. This, coupled with the Affordable Care Act,  would also have the benefit of allowing people affordable access to non-emergency preventative care which would be better for their health and also reduce the strain on emergency rooms. There is, however, a second option.

A second way to address this problem is to repeal the part of the  Emergency Medical Treatment and Labor Act that requires hospitals to provide emergency care to people who cannot pay. If those without insurance or money were not treated, then there would be no extra cost to pass on to the insured or to the state, thus solving the problem at hand.

Obviously, while the second solution would save some people money, it would not come without a price. It would require accepting that people should be left to die if they lack the financial resources to pay for vastly overpriced medical care. I would certainly hope that this is not a value that my fellow Americans would endorse, but perhaps this is not the case. Perhaps we should be free of the burden of caring for others and they should be free to die on the curb of a hospital because the job creators did not create an adequate  job for them.

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