A Philosopher's Blog

Defining Rape IV: Men as Victims of Women

Posted in Ethics, Law, Philosophy, Politics, Universities & Colleges by Michael LaBossiere on July 2, 2014
Women on Top: How Real Life Has Changed Women'...

(Photo credit: Wikipedia)

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.

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Defining Rape II: Consent

Posted in Ethics, Law, Philosophy, Universities & Colleges by Michael LaBossiere on June 27, 2014
George Will

George Will (Photo credit: Keith Allison)

In my previous essay, I presented some groundwork and stage setting for the discussion to follow. In this essay I will take a look at the matter of consent.

Intuitively, what makes some activities wrong (and often criminal) is the lack of consent on the part of the victim. Theft, for example, is taking property without the rightful owner’s consent. Kidnapping, as another example, is taking or transporting a person without consent. These misdeeds are similar to rape in regards to the lack of consent. In the case of rape, the activity is sexual in nature (to be deliberately vague) and occurs without the consent of the victim. While these simple definitions have appeal, the matter of sorting out what counts as consent and what constitutes acting without consent is rather more complex. To focus the discussion I will use a recent and controversial example.

Conservative intellectual George Will triggered a bit of a firestorm among liberal columnists and bloggers with his June 6 column about the alleged epidemic of campus rape. The claim that triggered the most outrage was his assertion that “when they make victimhood a coveted status that confers privileges, victims proliferate.”

Some of those attacking Will interpreted him as asserting that women want to be actual victims—that is, that women want to be raped. While some awful people do believe just that, this reading might not be Will’s actual position. Another interpretation, which seems supported by the rest of his column, is that some women will embrace a very broad definition of “rape” and interpret their experiences to match that definition. The motivation, at least as it seems to Will, is to gain a “coveted status” that “confers privileges.” My concern here is not with whether or not Will is correct in this matter. Rather, I want to examine what he takes as an example of how one becomes a member of this “privileged” class of rape victims.

Will uses an example taken from a report about Swarthmore College. In 2013, a woman was in her room with a man “with whom she’d been hooking up for three months”:

“They’d now decided — mutually, she thought — just to be friends. When he ended up falling asleep on her bed, she changed into pajamas and climbed in next to him. Soon, he was putting his arm around her and taking off her clothes. ‘I basically said, “No, I don’t want to have sex with you.” And then he said, “OK, that’s fine” and stopped. . . . And then he started again a few minutes later, taking off my panties, taking off his boxers. I just kind of laid there and didn’t do anything — I had already said no. I was just tired and wanted to go to bed. I let him finish. I pulled my panties back on and went to sleep.’”

As Will notes, six weeks later the woman reported that she had been raped. Will seems to hold that the woman was not actually raped and that she decided to join the “privileged” class of victims by redefining her experience as rape. Others might claim that she had been “brainwashed” by feminist ideology or political correctness to regard her experience as rape. Setting aside the matter of motivation, there is an important question of whether the incident was or was not rape. Those embracing what some would regard as the ideology of leftist feminism would presumably regard it as rape. As Will shows, those embracing a specific form of conservative ideology presumably consider it to not be rape. Obviously, the adherents of the ideologies will regard their view as self-evident and the view of the other as not only in error but driven by vile and wicked motivations. Since I am not a prisoner of either ideology, I can examine the matter more objectively, looking for merits and flaws in the various accounts.

On the face of it, it is easy enough to contend that the incident is a case of rape. While the man did not threaten the woman or use force to have sex with her, he did engage in a sexual act after she had basically said that she did not want to have sex with him. Sex without consent is rape and thus she was raped.

To use an analogy, suppose for a few months I had allowed a friend to take money from my wallet, but then we decided (or so I think) that this money taking will no longer be part of our relationship. She reaches for my wallet and I basically say “No, I don’t want to give you money.” She stops, but then returns to my wallet and takes my money. She has, obviously enough, committed an act of theft: she has taken my property without my consent.

While this view has considerable merit, it is also worth considering an alternative. One obvious complication of the matter is that consent is a matter of communication and communication can be problematic. This creates the practical (and moral) problem of sorting out when consent has been given, when it has not been given, and when a person should know the difference.

In the specific case under discussion, the two parties had been having consensual sex (“hooking up”) for three months. On the face of it, once a relationship is established then it is not unreasonable to accept an assumption of consent. To use an analogy, I keep beer and snacks on hand for my Sunday Pathfinder game. My longstanding friends do not need to explicitly ask permission to get the beer or snacks, since there is a reasonable assumption that they have standing permission to do so. I would, in fact, have an obligation to tell them if certain beer or snacks were off limit—which would then obligate them to not take the specified beer or snacks.

In the case at hand, let it be assumed that the woman changed the relationship from “hooking up” to friends without benefits. This would legitimately remove the assumption of consent (unless otherwise informed). As such, the man could no longer assume that she was consenting unless he was told otherwise.

The woman also notes that she “basically” told him she didn’t want to have sex with him—which would clearly show a lack of consent. The man should have left it at that and not tried again.

However, a devil’s advocate might make certain claims. The first is that the brains of young people are different from adult brains, especially in areas of judgment and impulse control. The second is that the desire for sex is extremely strong and even the prospect of sex impedes rational judgment. The third is that people in general and young people in particular are bad at communication. The fourth is that communication is not merely a matter words—that consent or lack thereof can also be conveyed by actions. Such a devil’s advocate might allege, in his devilish way, that the young man, driven by basic biological desires and impeded judgment, decided to make another attempt at sex and wrongly interpreted, perhaps due to his immature brain and lack of communication skills, her lack of action as consent. That is, he honestly believed that he had consent and had not raped her. She might have also shared this belief for six weeks.

The obvious reply is that none of the devil’s advocate’s claims matter: what matters is that the woman said that she did not want to have sex and then the man had sex “with” her. Thus, it was sex without consent and hence the man is guilty of rape. While this view does have great appeal, it might be worth considering the following analogy.

Suppose I have a nice truck and that my friend Sally really likes driving around in nice trucks. She also prefers to not drive alone. After we have been friends a while, I agree to let her drive my truck and also agree to go with her on her drives. This goes on for three months and I find that I have gotten tired of this aspect of the relationship and tell her so. As far as I can tell, she agrees.

Then I invite her to come over and sit in my truck. After a while, she reaches for the keys in my pocket and I say “no, I am not letting you drive and I am not riding with you.” Rebuffed, she pulls her hand back. But, a few minutes later she is digging around in my pocket for the key. I do nothing. She takes the key and puts it in the ignition. I say and do nothing. She starts the truck and takes me along for the ride.  I am tired, so I just sit back and let her drive. When she gets back, I take the key out of the ignition. Six weeks later I call the police and accuse her of kidnapping me and stealing my truck.

This situation does seem parallel to the original situation. After all, theft is taking property without consent and kidnaping is transporting a person without consent. If the woman did not consent in the original situation, then I did not consent in the analogical situation. If the man was a rapist, then Sally was a thief and a kidnapper. However, I suspect that people would react to my claim that Sally kidnapped me and stole my truck by saying that I should have at the very least said something when she reached for the keys a second time—by letting her simply take them and drive away with me without even another word would seem to show that I consented to the trip. After all, her reaching for the key and so on could be seen as requests for consent—I could have easily replied by saying “no.” Of course, it could be countered that this view is wrong: Sally is now a kidnapper and truck thief because of my original statement which withheld consent.  After all, it might be argued, saying “no” once suffices—and until an explicit, verbal “yes” is given the original “no” is in place.

Naturally, some might want to reject the truck analogy while holding that the original case was one of rape. One obvious avenue of reply is to argue that sexual assault is a special matter and thus it is not analogous to the truck scenario. As such, the man is a rapist but Sally is not a kidnapper and thief.  I might even be accused of trivializing rape by presenting such an analogy. In regards to the first reply, the challenge is to spell out what breaks the analogy—what is the difference that renders the comparison untenable? In regards to the second, it is a mere ad homimen.

The example considered in this essay did not explicitly involve drinking—however, many sexual assaults on campus do. In the next essay the moral impact of intoxication will be considered.

 

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On Returning the Lost

Posted in Ethics, Philosophy by Michael LaBossiere on February 17, 2014
A picture of a wallet.

(Photo credit: Wikipedia)

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.

 

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Programmed Consent

Posted in Ethics, Metaphysics, Philosophy, Technology by Michael LaBossiere on January 13, 2014

Sexbot YesScience fiction is often rather good at predicting the future and it is not unreasonable to think that the intelligent machine of science fiction will someday be a reality. Since I have been writing about sexbots lately, I will use them to focus the discussion. However, what follows can also be applied, with some modification, to other sorts of intelligent machines.

Sexbots are, obviously enough, intended to provide sex. It is equally obvious that sex without consent is, by definition, rape. However, there is the question of whether a sexbot can be raped or not. Sorting this out requires considering the matter of consent in more depth.

When it is claimed that sex without consent is rape, one common assumption is that the victim of non-consensual sex is a being that could provide consent but did not. A violent sexual assault against a person would be an example of this as would, presumably, non-consensual sex with an unconscious person. However, a little reflection reveals that the capacity to provide consent is not always needed in order for rape to occur. In some cases, the being might be incapable of engaging in any form of consent. For example, a brain dead human cannot give consent, but presumably could still be raped. In other cases, the being might be incapable of the right sort of consent, yet still be a potential victim of rape. For example, it is commonly held that a child cannot properly consent to sex with an adult.

In other cases, a being that cannot give consent cannot be raped. To use an obvious example, a human can have sex with a sex-doll and the doll cannot consent. But, it is not the sort of entity that can be raped. After all, it lacks the status that would require consent. As such, rape (of a specific sort) could be defined in terms of non-consensual sex with a being whose status would require that consent be granted by the being in order for the sex to be morally acceptable. Naturally, I have not laid out all the fine details to create a necessary and sufficient account here—but that is not my goal nor what I need for my purpose in this essay. In regards to the main focus of this essay, the question would be whether or not a sexbot could be an entity that has a status that would require consent. That is, would buying (or renting) and using a sexbot for sex be rape?

Since the current sexbots are little more than advanced sex dolls, it seems reasonable to put them in the category of beings that lack this status. As such, a person can own and have sex with this sort of sexbot without it being rape (or slavery). After all, a mere object cannot be raped (or enslaved).

But, let a more advanced sort of sexbot be imagined—one that engages in complex behavior and can pass the Turning Test/Descartes Test. That is, a conversation with it would be indistinguishable from a conversation with a human. It could even be imagined that the sexbot appeared fully human, differing only in terms of its internal makeup (machine rather than organic). That is, unless someone cut the sexbot open, it would be indistinguishable from an organic person.

On the face of it (literally), we would seem to have as much reason to believe that such a sexbot would be a person as we do to believe that humans are people. After all, we judge humans to be people because of their behavior and a machine that behaved the same way would seem to deserve to be regarded as a person. As such, nonconsensual sex with a sexbot would be rape.

The obvious objection is that we know that a sexbot is a machine with a CPU rather than a brain and a mechanical pump rather than a heart. As such, one might, argue, we know that the sexbot is just a machine that appears to be a person and is not a person.  As such, a real person could own a sexbot and have sex with it without it being rape—the sexbot is a thing and hence lacks the status that requires consent.

The obvious reply to this objection is that the same argument can be used in regards to organic humans. After all, if we know that a sexbot is just a machine, then we would also seem to know that we are just organic machines. After all, while cutting up a sexbot would reveal naught but machinery, cutting up a human reveals naught but guts and gore. As such, if we grant organic machines (that is, us) the status of persons, the same would have to be extended to similar beings, even if they are made out of different material. While various metaphysical arguments can be advanced regarding the soul, such metaphysical speculation provides a rather tenuous basis for distinguishing between meat people and machine people.

There is, it might be argued, still an out here. In his Hitchhikers’ Guide to the Galaxy Douglas Adams envisioned “an animal that actually wanted to be eaten and was capable of saying so clearly and distinctly.” A similar sort of thing could be done with sexbots: they could be programmed so that they always give consent to their owner, thus the moral concern would be neatly bypassed.

The obvious reply is that programmed consent is not consent. After all, consent would seem to require that the being has a choice: it can elect to refuse if it wants to. Being compelled to consent and being unable to dissent would obviously not be morally acceptable consent. In fact, it would not be consent at all. As such, programming sexbots in this manner would be immoral—it would make them into slaves and rape victims because they would be denied the capacity of choice.

One possible counter is that the fact that a sexbot can be programmed to give “consent” shows that it is (ironically) not the sort of being with a status that requires consent. While this has a certain appeal, consider the possibility that humans could be programmed to give “consent” via a bit of neurosurgery or by some sort of implant. If this could occur, then if programmed consent for sexbots is valid consent, then the same would have to apply to humans as well. This, of course, seems absurd. As such, a sexbot programmed for consent would not actually be consenting.

It would thus seem that if advanced sexbots were built, they should not be programmed to always consent. Also, there is the obvious moral problem with selling such sexbots, given that they would certainly seem to be people. It would thus seem that such sexbots should never be built—doing so would be immoral.

 

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Taxes & Profits

Posted in Business, Ethics, Philosophy by Michael LaBossiere on September 30, 2013
Thief (soundtrack)

Thief (soundtrack) (Photo credit: Wikipedia)

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.

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Too Big to Jail

Posted in Ethics, Law, Philosophy, Politics by Michael LaBossiere on June 7, 2013

English: A photo of former Deputy Attorney Gen...

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.

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Mental Illness, Violence & Liberty

Posted in Ethics, Law, Philosophy, Politics by Michael LaBossiere on December 19, 2012
Human brain NIH

 (Photo credit: Wikipedia)

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.

 

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Begging

Posted in Ethics, Philosophy by Michael LaBossiere on September 19, 2011
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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.

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$360 Million

Posted in Business, Ethics, Law, Philosophy, Politics by Michael LaBossiere on August 19, 2011
Various Federal Reserve Notes, c.1995. Only th...

Have you seen this lost money?

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.

 

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Crime & the Economy

Posted in Law, Politics by Michael LaBossiere on May 27, 2011
The Seal of the United States Federal Bureau o...

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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.

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