In my previous essay, I ended by noting that while college men are the victims of sexual assault by college women, this matter is rarely mentioned. It certainly does not get the attention of the mainstream media. Perhaps because this would run afoul of the current media narrative regarding the rape epidemic on campus.
Of course, it might be claimed that men cannot, in general, be victims of women. One common view is that men are not at all picky about sex and a man would be fine with a woman taking advantage of him while he was drunk or unconscious. Or, somewhat less extreme is the view that while a man might not be fine with it, he would not be too put out by it. He might feel some embarrassment if the woman was unattractive or might be angry if she gave him a STD, but he (some might claim) would not be psychologically harmed in the way a woman would be harmed. The gist is that men are psychologically incapable of being raped by woman—that is, a man would always consent or, at the very least, would not be very bothered by the sex.
Even if this were true (which it is not), the fact that a victim of a crime is not as upset as other victims might be would not seem to make it less of a crime. To use an analogy, if Sally is a stoic and is not very upset when her car is stolen, this does not make it any less of a theft than if she was distraught over the loss. As such, even if men are not as bother by women, this would not entail that men are not or cannot be victims. In any case, as will be shown, men are generally not cool with being assaulted by women—despite the bravado and stereotypes.
Another approach is to argue that men and women are fundamentally different so that women cannot (in general) rape men. Some people think that a man cannot become erect if he does not wish to do so and hence it is impossible for a man to have heterosexual intercourse without his consent. However, this view is on par with claiming that men have an ability to “shut down” an erection when it is a case of “legitimate” rape. This is, unfortunately, no more true than the claim that a woman can shut down a pregnancy when she is the victim of a “legitimate rape.”
Yet another counter is to claim that while women could sexual victimize men, it does not happen that often—if at all. This would, if true, be wonderful. Sadly, it is not true.
While it is rarely discussed and never seems to grab headlines, college men are subject to sexual victimization by college women and are emotionally harmed by it. While men are often presented as happy to have sex with anyone at any time, this is not true and men can be as hurt by sexual victimization as women. So, to claim that a man wants to be raped by a woman is just as awful as claiming that a woman wants to be raped by a man. While it might be true of some, it is certainly not true of most.
In a mostly ignored study, 51.2% of college males reported being sexually victimized (ranging from unwanted sexual contact, to sexual coercion to rape). Naturally, given that sexual violence is often unreported and men are extremely likely not to admit to being assaulted by a woman, the number of cases could be quite large. But, of course, it is not possible to make an estimate since this would require claiming to know what is unknown. This does not, of course, stop some people from making estimates about unreported assaults on women.
Interestingly, being “made to penetrate” is not legally classified as a form of rape. Thus, by this definition, a woman forcing a man to have sex with her is not rape. But if a man commits the same act with an unwilling woman, it is rape. This seems to allow sexual victimization of men by women to be dismissed as less serious than the victimization of women by men, all by definition. To use an analogy, this would be like saying that when a man steals from a woman, it is theft. When a woman steals from a man, it is involuntary lending.
While men are generally not subject to being forcibly raped by women, women do pursue other tactics that mirror those of male rapists including selecting victims who are impaired or unconscious. If having sex with a woman by these means is rape, then having sex with a man by these means should also be rape.
It might also be claimed that women are not inclined to sexual violence. While the stereotypes cast men as victimizer and women as victims, the terrible truth is that sexual violence is equal opportunity. As the National Geographic reported, a study determined that males and females commit roughly the same amount of sexual violence by the time they reach the age of 18. This is certainly consistent with the claim that college men are subject to sexual assault by women. As such, evil does not discriminate based on sex.
At this point I might be accused of having nefarious motivations or of playing the old “victim switch” tactic to get men off the hook. However, my goals are merely to insist on a consistent standard when it comes to sexual assault and to call attention to an important truth: sexual victimization is an equal opportunity crime. I am not asserting that we should dismiss or ignore the assaults on women. Rather, I am saying that we should not be blinded to the fact that men are victims as well. If the campus rape epidemic is going to be stopped, we cannot be concerned with just the victims who are women and just the victimizers who are men.
My regular running routes take me over many miles and through areas that are heavily trafficked—most often by college students. Because of this, I often find lost phones, wallets, IDs and other items. Recently I came across a wallet fat with cash and credit cards. As always, I sought out the owner and returned it. Being a philosopher, I thought I’d write a bit about the ethics of this.
While using found credit card numbers would generally be a bad idea from the practical standpoint, found cash is quite another matter. After all, cash is cash and there is typically nothing to link cash to a specific person. Since money is rather useful, a person who finds a wallet fat with cash would have a good practical reason to simply keep the money and use it herself. One possible exception would be that the reward for returning the lost wallet would exceed the value of the cash in the wallet—but the person who finds it would most likely have no idea if this would be the case or not. So, from a purely practical standpoint, keeping the cash would be a smart choice. A person could even return the credit cards and other items in the wallet, claiming quite plausibly that it was otherwise empty when found. However, what might be a smart choice need not be the right choice.
One argument in favor of returning found items (such as the wallet and all the cash) can be built on the golden rule: do unto others as you would have them do unto you. More formally, this is moral reasoning involving the method of reversing the situation. Since I would want my lost property returned, I should thus treat others in the same way. Unless, of course, I can justify treating others differently by finding relevant differences that would justify the difference. Alternatively, it could also be justified on utilitarian grounds. For example, someone who is poor might contend that it would not be wrong to keep money she found in a rich person’s wallet on the grounds that the money would do her much more good than it would do for the rich person: such a small loss would not affect him, such a gain would benefit her significantly.
Since I am reasonably well off and find relatively modest sums of money (hundreds of dollars at most), I have the luxury of not being tempted to keep the money. However, even when I was not at all well off, I still returned whatever I found. Even when I honestly believed that I would put the money to better use than the original owner. This is not due to any fetishes about property, but a matter of ethics.
One of the reasons is my belief that I do have obligations to help others, especially when the cost to me is low relative to the aid rendered. In the case of finding someone’s wallet or phone, I know that the loss would be a significant inconvenience and worry for most people. In the case of a wallet, a person will probably need to replace a driver’s license, credit cards, insurance cards and worry about identity theft. It is easy for me to return the wallet—either by dropping it off with police or contacting the person after finding them via Facebook or some other means. That said, the obvious challenge is justifying my view that I am so obligated. However, I would contend that in such cases, the burden of proof lies on the selfish rather than the altruistic.
Another reason is that I believe that I should not steal. While keeping a lost item is not the same morally as active theft (this could be seen as being a bit analogous to the distinction between killing and letting die), it does seem to be a form of theft. After all, I would be acquiring what does not belong to me by choosing not to return it. Naturally, if I have no means of returning it to the rightful owner (such as finding a quarter in the road), then keeping it would not seem to be theft. Obviously enough, it could be contended that keeping lost property is not theft (even when it could be returned easily), perhaps on the ancient principle of finders keepers, losers weepers. It could also be contended that theft is acceptable—which would be challenging. However, the burden of proof would seem to rest on those who claim that theft is acceptable or that keeping lost property when returning it would be quite possible is not theft.
I also return found items for two selfish reasons. The first is that I want to build the sort of world I want to live in—and in that world people return lost items. While my acting the way I want the world to be is a tiny thing, it is more than nothing. Second, I feel a psychological compulsion to return things I find—so I have to do it for peace of mind.
One of the rather useful aspects of philosophy is that it trains a person to examine underlying principles rather than merely going with what appears on the surface. Such examinations often show that superficially consistent views turn out to actually be inconsistent once the underlying principle is considered. One example of this is the matter of taxes and profits.
One of the stock talking points in regards to taxes is that taxes are a form of theft. The rhetoric usually goes something like this: taxes on the successful/rich/job creators is taking the money they have earned and giving it to people who have not earned it so they can get things for free, like food stamps, student financial aid and unemployment benefits.
Under the rhetoric seems to be the principle that taking the money a person has earned and giving it to those who have not earned it is theft and thus wrong. This principle does have considerable appeal.
This principle, obviously enough, rests on the notion that earning money entitles the person to that money and that not earning the money means that a person is not entitled to it. Simple enough.
A second stock talking point in regards to wages for workers, especially the minimum wage, is that the employers are morally entitled to (attempt to) make a profit and this justifies them in paying workers less than the value of their work.
Not surprisingly, those accept the first talking point also accept the second. On the face of it, they do seem consistent: the first says that taxes are theft and the second says that employers have a right to make a profit. However, these two views are actually inconsistent.
To see this, consider the principle that justifies the claim that taxing people to give stuff to others is theft: taking the money a person has earned and giving it to those who have not earned it is theft and thus wrong.
In the case of the employer, to pay the worker less than the value of his work is to take money the worker has earned and to give it to those who have not earned it. As such, it would also be theft and thus wrong.
At this point, it might be objected that I am claiming that an employer making a living is theft, but this is not the case. The employer is, like the worker, entitled to the value of the value she contributes. If she, for example, provides equipment, leadership, organization, advertising, and so on, then she is entitled to the value of these contributions.
Profit, then, is essentially the same thing as taxing a person to take their money and give it to those who have not earned it. As such, it should be no surprise that I favor justice in regards to both taxes and wages.
Back during the bailout, the phrase “too big to fail” was used to refer to corporations that were regarded as too important to the economy to allow them to fail. To prevent these failures (or so it was claimed) public funds were deployed. While it seems blindingly obvious that a multitude of misdeeds lay behind the meltdown, the federal government has not engaged in a single prosecution. More recently, Holder’s Department of Justice decided not to prosecute HSBC despite the fact that they had apparently been engaged in rather serious money laundering. This created a new phrase, “too big to jail.”
Interestingly, the legal trail of “too big to jail” can be traced back to a 1999 memo by Eric Holder entitled “Bringing Criminal Charges Against Corporations.” While the memo does not assert that executives cannot be prosecuted, it does provide an excellent escape hatch for big corporations. To be specific, Holder contends that the state should consider “collateral consequences” when making decisions about prosecuting corporate crimes. Holder seems to still hold to the principles of the memo and while Obama has been attacked as being an anti-business socialist, the Department of Justice has been extremely gentle in its response to white collar crimes committed by the top folks in big corporations.
On the one hand, the idea of considering consequences does make sense from a utilitarian standpoint. If, for example, prosecution would create more harm than good, then it could make excellent moral sense not to prosecute. However, there is is the utilitarian concern that the practice of allowing corporate criminals to avoid prosecution on this principle would do harm to the legal system as a whole by undermining public faith in its justice. On the other hand, the idea that people (and corporations are legal people) can avoid prosecution because applying the law to them would result in collateral consequences seems rather contrary to the idea that no one is above the law. While I do believe that justice can involve considering the consequences, justice also seems to require consistency in the law-and allowing corporate criminals a special out seems to be unfair and inconsistent.
In 1999 Holder also advanced the notion of deferred prosecution for corporations. Under this principle, corporate defendants can be given what amounts to amnesty in return for a fine (usually small relative to corporate earnings), reforms and cooperation. This principle is connected to the principle about consequences in that a plausible reason for allowing this deferred prosecution is to keep a corporation going-and thus keep people employed. During the Arthur Anderson incident, the state brought criminal charges against the company and this resulted in the loss of about 28,000 jobs when the company failed.
On the one hand, this principle does have appeal. After all, prosecution could result in the destruction of a corporation and this could harm people who are actually innocent of wrongdoing. Deferred prosecution would, in theory, allow the problems to be addressed while avoiding the destruction of the corporation. On the other hand, there is the obvious concern that prosecution might be “deferred” forever. Even if the deferment is not eternal, there is the concern that the punishment will not be serious enough to deter future behavior. So far, the fines that have been paid by corporations tend to be small relative to their yearly profits and it seems unlikely that such punishments will have a significant deterrence value. After all, if a corporation can make massive profits doing illegal things like money laundering and then pay what is, to them, a moderate fine, then there is little incentive to avoid such illegal activities. To use an analogy, if I took up robbing banks and my punishment was that I had to pay a fine equal to a modest percentage of my stolen money, then I would have little incentive to stop robbing banks. As might be guessed, this is a problem.
Overall, the principles of considering collateral consequences and allowing deferred prosecution are not without merit, at least on the surface. However, while the application of these principles might result in short term goods (like preserving corporate jobs), they seem likely to create long term evils-namely a situation in which corporations are ever more likely to engage in misdeeds because they know that the punishments will be fairly minimal. However, the overall consequences of this will be rather bad, such as companies destroying themselves and the economy. Too big to fail and too big to jail are bad ideas and it is far past the time that the approach to corporations be changed.
The mass murder that occurred at Sandy Hook Elementary school has created significant interest in both gun control and mental health. In this essay I will focus on the matter of mental health.
When watching the coverage on CNN, I saw a segment in which Dr. Gupta noted that currently people can only be involuntarily detained for mental health issues when they present an imminent danger. He expressed concern about this high threshold, noting that this has the practical impact that authorities generally cannot act until someone has done something harmful and then it can be rather too late. One rather important matter is sorting out what the threshold for official intervention.
On the one hand, it can be argued that the relevant authorities need to be proactive. They should not wait until they learn that someone with a mental issue is plotting to shoot children before acting. They certainly should not wait until after someone with a mental issue has murdered dozens of people. They have to determine whether or not a person with a mental issue (or issues) is likely to engage in such behavior and deal with the person well before people are hurt. That is, the authorities need to catch and deal with the person while he is still a pre-criminal rather than an actual criminal.
In terms of arguing in favor of this, a plausible line of approach would be a utilitarian argument: dealing with people with mental issues before they commit acts of violence will prevent the harmful consequences that otherwise would have occurred.
On the other hand, there is the obvious moral concern with allowing authorities to detain and deal with people not for something they have done or have even plotted to do but merely might do. Obviously, there is rather serious practical challenge of sorting out what a person might do when they are not actually conspiring or planning a misdeed. There is also the moral concern of justifying coercing or detaining a person for what they might do. Intuitively, the mere fact that a person could or might do something wrong does not warrant acting against the person. The obvious exception is when there is adequate evidence to establish that a person is plotting or conspiring to commit a crime. However, these sorts of things are already covered by the law, so what would seem to be under consideration would be coercing people without adequate evidence that they are plotting or conspiring to commit crimes. On the face of it, this would seem unacceptable.
One obvious way to justify using the coercive power of the state against those with mental issues before they commit or even plan a crime is to argue that certain mental issues are themselves adequate evidence that a person is reasonably likely to engage in a crime, even though nothing she has done meets the imminent danger threshold.
On an abstract level, this does have a certain appeal. To use an analogy to physical health, if certain factors indicate a high risk of a condition occurring, then it make sense to treat for that condition before it manifests. Likewise, if certain factors indicate a high risk of a person with mental issues engaging in violence against others, then it makes sense to treat for that condition before it manifests.
It might be objected that people can refuse medical treatment for physical conditions and hence they should be able to do the same for dangerous mental issues. The obvious reply is that if a person refuses treatment for a physical ailment, he is only endangering himself. But if someone refuses treatment for a condition that can result in her engaging in violence against others, then she is putting others in danger without their consent and she does not have the liberty or right to do this.
Moving into the realm of the concrete, the matter becomes rather problematic. One rather obvious point of concern is that mental health science is lagging far behind the physical health sciences (I am using the popular rather than philosophical distinction between mental and physical here) and the physical health sciences are still rather limited. As such, using the best mental health science of the day to predict how likely a person is likely to engage in violence (in the absence of evidence of planning and actual past crimes) will typically result in a prediction of dubious accuracy. To use the coercive power of the state against an individual on the basis of such dubious evidence would not be morally acceptable. After all, a person can only be justly denied liberty on adequate grounds and such a prediction does not seem strong enough to warrant such action.
It might be countered that in the light of such events as the shootings at Sandy Hook and Colorado, there are legitimate grounds to use the coercive power of the state against people who might engage in such actions on the grounds that preventing another mass murder is worth the price of denying people their freedom on mere suspicion.
As might be imagined, without very clear guidelines and limitations, this sort of principle could easily be extended to anyone who might commit a crime—thus justifying locking up people for being potential criminals. This would certainly be wrong.
It might be countered that there is no danger of the principle being extended and that such worries are worries based on a slippery slope. After all, one might say, the principle only applies to those deemed to have the right (or rather wrong) sort of mental issues. Normal people, one might say in a calm voice, have nothing to worry about.
However, it seems that normal people might. After all, it is normal for people to have the occasional mental issue (such as depression) and there is the concern that the application of the fuzzy science of mental health might result in incorrect determinations of mental issues.
To close, I am not saying that we should not reconsider the threshold for applying the coercive power of the state to people with mental issues. Rather, my point is that this should be done with due care to avoid creating more harm than it would prevent.
While driving home from work, I saw a man by the side of the road holding out his hat. He was obviously hoping people would put money in it. This got me thinking about begging.
I am, I admit, often an easy mark for beggars. Part of it is emotional-like most people, I have compassion and I am moved by people who seem to be need. Part of it is based on my moral principles: a good person helps others and I have a duty to my fellows when they are in need. Part of it is based on moral reasoning, specifically reversing the situation: if I were in desperate need, I would want people to assist me. Hence, I must be willing to aid others (kind of a Kantian thing).
When I was younger, I tended to give without thinking because I assumed that the beggar was in dire straights because of an unfair system and was working to get back into the game. That is, I had the usual young liberal view. I was, however, not an idiot: I knew that some people doomed themselves and I never foolishly put myself in danger. However, I found that my sympathy did not vanish even in cases where a person obviously just wanted the money to buy drugs or alcohol and had no intention of ever returning to mainstream society.
As I grew older, I thought a bit more about the matter of begging. As noted above, one reason I tend towards generosity is because I can imagine myself in need and I would want others to help me. However, I do have a hard time imagining myself begging. This is mainly because I believe in reciprocity: if I am to receive, I must also be willing to give in return. This need not be a crass and soulless exchange of money. For example, one person who was begging told me an amazing story about being abducted by a very strange cult and his adventures escaping from them. While it was almost certainly not true, the story was so good and well told that he certainly earned the $5 I gave him. However, a person who can offer others nothing at all would seem to have little grounds for expecting others to provide aid. After all, if I have nothing to offer others now or ever, it would seem rather selfish of me to expect them to give to me. That said, some religious folk describe God as doing just that: we have nothing to offer Him, yet He is supposed to give generously to us. As such, if God is so generous to us, perhaps we (or at least those who believe in Him) should emulate Him in this matter.
Getting back to the main point, if I found myself in dire straights and stripped of my job, house and possessions I would, of course, endeavor to regain what I had lost. I would be willing to accept assistance from family and friends and even the state (after all, I have been paying into the system for years). However, I would not ask strangers for aid. This would be, in part, due to pride. But it would also be based on my values: I cannot reasonably ask them to give to me in return for nothing. As noted above, it is the height of selfishness to expect others to simply give. But, honesty compels me to say that it is hard to know what one would truly do until such time as one must make that choice.
I was asked, once, whether I would beg or turn to crime if life’s road ended up in a place where I could gain no legitimate employment. My immediate response was “crime.” However, I added that I would only prey on the wicked and would not harm the innocent, honest and good even to stay alive. Fortunately (or rather unfortunately), there are plenty of wicked people who have lots of stuff-so until my inevitable violent end, I would probably be doing pretty well.
I recently heard that the US military lost about $360 million in Afghanistan. My first thought was, of course, “at least it wasn’t billions, like in Iraq.” The money was not misplaced or left in a bathroom like a wayward umbrella. Rather it seems that it ended up being funneled through whatever passes as legitimate businesses in Afghanistan into the criminal world. Some of the money seems to have ended up in the coffers of our enemies, thus continuing our long standing tradition of funding folks who are trying to harm us (yes, I am looking at you Pakistan).
Having become cynical about such matters, I was not at all surprised by this. As noted above, I actually thought that it would be more than a mere $360 million. I do try not to think about what this wasted money could do in the United States. For example, I try not to imagine that even a modest chunk of it could have helped FAMU and FSU with their budget woes. I am accustomed to the folks “in charge” throwing away money. I resent it and use my limited capabilities to rail against it, but in the end the government folks seem incapable of preventing this sort of thing.
To be fair, perhaps this is just how things work. In the United States we have modest corruption, mainly because of our laws and traditions. Some other countries lack such laws or, if they have them, they still lack a tradition of integrity. In some cases, bribery, corruption and other criminal activities are the tradition. I would like to think better of Afghanistan, but perhaps it is essentially a criminal culture-or at least the people that we have unwisely elected to do business with are part of a criminal culture. I suspect the latter over the former.
The United States has an unfortunate history of supporting the wrong people (like the Shah of Iran) and of failing to properly control the millions and billions that we dump in other countries. While this money is tiny compared to our massive debt, these tiny drops do add to that ocean of debt. Apparently we are also bad at learning from past mistakes and seen incapable of avoiding being duped by financial criminals-our own and those in other countries. It is, to say the least, embarrassing to read about our financial idiocy.
While the causes of crime are no doubt many and varied, common wisdom holds that there is a connection between crime and economic conditions. More specifically, it is often claimed that poor economic conditions lead to more crime. This, of course, seems sensible enough. After all, people who are short of money might well turn to crime out of desperation.
Since the mainstream economy is still not doing well, it would seem reasonable to expect an uptick in crime. Interestingly enough, the FBI recently reported that violent crime has decreased by 5.5% and property crimes have declined by 2.8%. This, of course, seems to indicate that the alleged causal connection between poor economic conditions and crime might not hold true. Before rejecting the alleged link, it seems reasonable to consider the matter in more detail. After all, the FBI’s statistics is for crime across the country and the overall decline is consistent with actual increases in some areas of the country.
In fact, there are areas in which crime has increased. The Northeast has actually seen an 8.3% increase in murders as well as rather small increases in forcible rapes (up 1.4%) and aggravated assaults (up .7%). Not surprisingly, certain cities are also suffering from higher than average crime rates.
The data indicates that the cities most plagued by crime have established histories of decline and poverty. This is hardly surprising, given that these cities have consistently suffered from crime. While these crime rates have been a legitimate matter of concern, they might also provide a picture of things to come.
While overall crime is down despite the economic downturn, one obvious concern is that if the downturn persists then there will be new places with established histories of decline and poverty. This will most likely result in an increase in crime. Another factor, exacerbated by the both the economic situation and the new focus on reducing the public sector is that police resources are decreasing. Should the economic woes become entrenched, this will (as noted above) most likely result in an increase in crime. It will also mean less tax income which will mean even less police resources to combat the crime generated by the economic situation. This certainly gives us yet another reason to work at restoring the economy.
Naturally, economic conditions are not the only factors involved in crime. Even when the economy has been doing great, crime still remains. Of course, even when the economy is doing great, zones of poverty and decline still exist and are almost always zones of high crime. If nothing is done, we can expect that these zones will expand and that new ones will appear.