A Philosopher's Blog

Lawful Good

Posted in Ethics, Philosophy by Michael LaBossiere on October 6, 2014
Paladin II

Paladin II (Photo credit: Wikipedia)

As I have written in other posts on alignments, it is often useful to look at the actual world in terms of the D&D alignment system. In this essay, I will look at the alignment that many players find the most annoying: lawful good (or, as some call it, “awful good”).

Pathfinder, which is a version of the D20 D&D system, presents the alignment as follows:

 A lawful good character believes in honor. A code or faith that she has unshakable belief in likely guides her. She would rather die than betray that faith, and the most extreme followers of this alignment are willing (sometimes even happy) to become martyrs.

A lawful good character at the extreme end of the lawful-chaotic spectrum can seem pitiless. She may become obsessive about delivering justice, thinking nothing of dedicating herself to chasing a wicked dragon across the world or pursuing a devil into Hell. She can come across as a taskmaster, bent upon her aims without swerving, and may see others who are less committed as weak. Though she may seem austere, even harsh, she is always consistent, working from her doctrine or faith. Hers is a world of order, and she obeys superiors and finds it almost impossible to believe there’s any bad in them. She may be more easily duped by such impostors, but in the end she will see justice is done—by her own hand if necessary.

In the fantasy worlds of role-playing games, the exemplar of the lawful good alignment is the paladin. Played properly, a paladin character is a paragon of virtue, a word of righteousness, a defender of the innocent and a pain in the party’s collective ass. This is because the paladin and, to a somewhat lesser extent, all lawful good characters are very strict about being good. They are usually quite willing to impose their goodness on the party, even when doing so means that the party must take more risks, do things the hard way, or give up some gain. For example, lawful good characters always insist on destroying unholy magical items, even when they could be cashed in for stacks of gold.

In terms of actual world moral theories, lawful good tends to closely match virtue theory: the objective is to be a paragon of virtue and all that entails. In actual game play, players tend to (knowingly or unknowingly) embrace the sort of deontology (rules based ethics) made famous by our good dead friend Immanuel Kant. On this sort of view, morality is about duty and obligations, the innate worth of people, and the need to take action because it is right (rather than expedient or prudent). Like Kant, lawful good types tend to be absolutists—there is one and only one correct solution to any moral problem and there are no exceptions. The lawful good types also tend to reject consequentialism—while the consequences of actions are not ignored (except by the most fanatical of the lawful good), what ultimately matters is whether the act is good in and of itself or not.

In the actual world, a significant number of people purport to be lawful good—that is, they claim to be devoted to honor, goodness, and order. Politicians, not surprisingly, often try to cast themselves, their causes and their countries in these terms. As might be suspected, most of those who purport to be good are endeavoring to deceive others or themselves—they mistake their prejudices for goodness and their love of power for a devotion to a just order. While those skilled at deceiving others are dangerous, those who have convinced themselves of their own goodness can be far more dangerous: they are willing to destroy all who oppose them for they believe that those people must be evil.

Fortunately, there are actually some lawful good types in the world. These are the people who sincerely work for just, fair and honorable systems of order, be they nations, legal systems, faiths or organizations. While they can seem a bit fanatical at times, they do not cross over into the evil that serves as a key component of true fanaticism.

Neutral good types tend to see the lawful good types as being too worried about order and obedience. The chaotic good types respect the goodness of the lawful good types, but find their obsession with hierarchy, order and rules oppressive. However, good creatures never willingly and knowingly seriously harm other good creatures. So, while a chaotic good person might be critical of a lawful good organization, she would not try to destroy it.

Chaotic evil types are the antithesis of the lawful good types and they are devoted enemies. The chaotic evil folks hate the order and goodness of the lawful good, although they certainly delight in destroying them.

Neutral evil types are opposed to the goodness of the lawful good, but can be adept at exploiting both the lawful and good aspects of the lawful good. Of course, the selfishly evil need to avoid exposure, since the good will not willingly suffer their presence.

Lawful evil types can often get along with the lawful good types in regards to the cause of order. Both types respect tradition, authority and order—although they do so for very different reasons. Lawful evil types often have compunctions that can make them seem to have some goodness and the lawful good are sometimes willing to see such compunctions as signs of the possibility of redemption. In general, the lawful good and lawful evil are most likely to be willing to work together at the societal level. For example, they might form an alliance against a chaotic evil threat to their nation. Inevitably, though, the lawful good and lawful evil must end up in conflict. Which is as it should be.

 

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Chaotic Evil

Posted in Ethics, Philosophy by Michael LaBossiere on September 5, 2014

As I have written in two other essays, the Dungeons & Dragons alignment system is surprisingly useful for categorizing people in the real world. In my previous two essays, I looked at lawful evil and neutral evil. This time I will look at chaotic evil.

In the realm of fantasy, players often encounter chaotic evil foes—these include many of the classic enemies ranging from the lowly goblin to the terrifyingly powerful demon lord. Chaotic evil foes are generally good choices for those who write adventures—no matter what alignment the party happens to be, no one has a problem with killing chaotic evil creatures. Most especially other chaotic evil creatures. Fortunately, chaotic evil is not as common in the actual world. In the game system, chaotic evil is defined as follows:

A chaotic evil character is driven entirely by her own anger and needs. She is thoughtless in her actions and acts on whims, regardless of the suffering it causes others.

In many ways, a chaotic evil character is pinned down by her inherent nature to be unpredictable. She is like a spreading fire, a coming storm, an untested sword blade. An extreme chaotic evil character tends to find similarly minded individuals to be with—not out of any need for company, but because there is a familiarity in this chaos, and she relishes the opportunity to be true to her nature with others who share that delight.

The chaotic evil person differs from the lawful evil person in regards to the matter of law. While they are both evil, the lawful evil person is committed to order, tradition and hierarchy. As such, lawful evil types can create, lead and live in organized states (and all states have lawful evil aspects). They can even get along with others—provided that doing so is required for the preservation of order. In contrast, chaotic evil types have no commitment to order, tradition or hierarchy. They can, of course, be compelled to act as if they do. For example, as long as the threat of punishment or death is close at hand, a chaotic evil type will obey those with greater power. Chaotic evil types do like order, tradition and hierarchy in the same way that arsonists like things that burn—without these things, the chaotic evil type would have that much less to destroy.

Lawful evil types do often find chaotic evil types useful for specific tasks, although those wise about evil are aware of the dangers of using such tools. For example, a well-organized terrorist group will tend to be lawful evil in regards to its leadership. However, such a group will find many uses for the chaotic evil types. A lawful evil type is generally not likely to strap on an explosive vest and run into a crowd, but a chaotic evil person might very well consider this to be a good way to go out. Lawful evil types also sometimes need people to create chaos so that they can then impose more order—the chaotic evil are just the people to bring in. But, as noted, the chaotic evil can get out of hand—they are not constrained by order or even rational selfishness. This is why the smart lawful evil types do their best to see to it that the chaotic evil types do not outlive their usefulness.

The chaotic evil person differs from the neutral evil person in regards to the matter of chaos. While the chaotic evil and neutral evil are both selfish and care nothing for others, the neutral evil person tends to be more rational and calculating in her selfishness. A neutral evil person can have excellent self-control and conceal her true nature in order to achieve her selfish and evil ends. Chaotic evil types lack that self-control and find it hard to conceal their true nature—that takes a discipline that the chaotic, by their nature, lack. The neutral evil see society as having instrumental value for them—but their selfishness means that they will take actions that can destroy society. The chaotic evil see no value in society other than as presenting a target rich environment for their evil. In our world, chaotic evil types tend to be those who commit horrific crimes or acts of terror.

While chaotic evil types are chaotic and evil, they often take up the mantle of some cause and purport to be acting for some greater good. However, their actions disprove their claims about their alleged commitment to anything good. They typically take up a religious or political cause to assuage whatever shreds of conscience they might still retain—or do so as part of their chaotic game.

In an orderly society that does not need the chaotic evil, smarter chaotic evil types try to hide from the authorities—though their nature drives them to commit crimes. Those that are less clever commit their misdeeds and are quickly caught. The cleverer might never be caught and become legends. Fortunately for the chaotic evil (and unfortunately for everyone else), they have plenty of opportunities to act on their alignment. There are always organizations that are happy to have them and there are always conflict areas where they can act in accord with their true natures—often with the support and blessings of the authority. In the end, though many are willing to make use of their morality, no one really wants the chaotic evil around.

 

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Campbell Brown, Protests & Transparency

Posted in Ethics, Law, Philosophy, Politics by Michael LaBossiere on August 6, 2014
Colbert Super PAC

Colbert Super PAC (Photo credit: Wikipedia)

Campbell Brown appeared on the July 31, 2014 episode of the Colbert Report to promote the fact that her Partnership for Educational Justice had filed a legal complaint in Albany aimed at eliminating New York’s teacher tenure laws.  In my previous essay, I discussed the main topic, namely that of the points made in the legal complaint. In this essay, I will discuss some interesting points from Brown’s appearance on the Colbert Report.

When Brown went to the show, she encountered some protestors outside the building. Interestingly, she described them as trying to silence her and was rather critical of their presence. Colbert responded by noting that the protestors were exercising their First Amendment rights.

On the face of it, Brown was using a common tactic—accusing critics of wanting to silence those expressing opposing viewpoints and using this as grounds for rejecting, dismissing or ignoring the actual criticisms. To be fair, in some cases critics do explicitly state that their opponent should be silenced—perhaps silencing themselves or being silenced by others. Because I accept the right to freedom of expression, I am against the silencing of critics (I have written on this in other essays). As such, I would oppose those who would wish to silence Brown and prevent her from making her claims.

However, it is important to distinguish between protests/criticism and attempts to silence a person. To protest against someone or something is to express a negative view and this is rather different from endeavoring to silence someone. For example, someone might protest against Brown’s lawsuit by making a sign and standing by the entrance to the building where the Colbert Report is shot. This is expressing a stance against Brown, but unless the person tells Brown to stop expressing her views or tries to shout her down, the person is not trying to silence Brown. Even if the person would be happy if Brown shut up.

To criticize something is to assess and evaluate it, which is clearly different from trying to silence a person. My essay about Brown’s lawsuit was critical—I assessed her claims. However, at no point did I endeavor to silence her.  She has every right to keep making her claims and expressing her views, just as I have the same right to express my own—even when my claims are critical of her claims. To assess is to not to silence. Even to claim someone is wrong is not to silence them. Saying “you are mistaken” is not the same as saying “shut up.”

That said, the tactic of accusing protestors/critics of trying to silence one does have some rhetorical value. First, it allows a person to dismiss or reject protestors/critics with a lazy ad homimen: “they are just trying to silence me, so their claims have no merit.” Second, it has an emotional appeal in that it casts the protestors/critics as being opposed to freedom of speech. The irony, of course, is that this is an attempt to silence the critics.

Another interesting aspect of the discussion was when Colbert asked Brown about who was funding her group and lawsuit. As Colbert, the owner of his own super PAC noted, it is perfectly legal to keep the names of those funding such an organization secret—even when such a group is actively involved in politics. When pressed a bit, Brown used another common tactic—she claimed that anonymity protects the donors from being harassed. This, of course, ties into the previously discussed tactic in which protestors and critics are cast as villains who are trying to silence a person. In this case, the opponents of her views are presumably being presented as the sort of people who would cruelly harass those they disagree with. This would, of course, cast Brown as a brave hero—she is facing the harassment so that the anonymous donors do not have to.

As Colbert noted, not revealing her donors is her legal right. However, the claim that she is keeping them anonymous to protect them from harassment seems rather dubious. While Brown has been subject to criticism and has been protested against, she does not seem to have been subjected to onerous abuse. The anonymous donors would presumably also not be cruelly abused—though they might be criticized.

Those more cynical than I might claim that the donors are being concealed for nefarious reasons and there has been considerable speculation about who is the money behind the mouth. Those on the left, naturally enough, tend to suspect a right wing cabal aimed at destroying unions and privatizing education for the profit of themselves and their cronies. Those of more moderate views might suspect a bi-partisan group that is aimed at privatizing education for the profit of themselves and their cronies. Some might even take Brown at face value: they are people who are concerned with education reform. But, for some reason, they do not want anyone else to know.

Given her current commitment to secrecy, it is somewhat ironic that in 2013 Brown created the Parents’ Transparency Project which was claimed to be aimed at bringing transparency to the negotiation process involving teachers’ unions.

This situation does raise the larger issue of such secret funding. On the one hand, it could be argued that people have a right to privacy when it comes to engaging in legal and political machinations. On the other hand, secret money has at least two negative impacts. The first is that it seems to have a corrosive effect on the openness that is supposed to the hallmark of democratic systems. The second is that it keeps the public in ignorance—knowing who is backing which candidates, causes and law suits seems to be a rather important part of making informed decisions. Of course, it can be countered that the public does not need to know this, that it should not matter who is really funding something, hiding behind patriotic or positive sounding fronts.

I am, not surprisingly, for transparency in such funding. First, I agree that such secret money is contrary to the openness that is so critical to a real democratic system. Secret money deals are appropriate for oligarchies and corrupt states, but hardly suitable for what is supposed to be an open democracy. Second, I believe that people should take responsibility for their beliefs and actions—being able to influence without accountability is morally unacceptable. Third, there is the matter of courage—only a coward hides behind anonymity when there is no real danger beyond people knowing what a person is backing.

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Trigger Point

Posted in Ethics, Law, Philosophy, Politics by Michael LaBossiere on November 22, 2013
M1911A1 by Springfield Armory, Inc. (contempor...

(Photo credit: Wikipedia)

One rather important matter is determining the appropriate trigger point for regulation and law. The basic challenge is determining the level at which a problem is such that it warrants the creation and enforcement of regulations and laws.

While it would be unreasonable to expect that an exact line can be drawn in all or even any cases (to require such an exact line would be to fall into the line-drawing fallacy, a variation on the false dilemma fallacy), a general level can presumably be set in regards to tolerance of harm.

Naturally, the level of reasonable tolerance would involve many variables, such as the number of cases of harm, the severity of the harm, the cost of regulation/laws, and so on. For example, paying a cost to regulate or outlaw something that causes no harms would seem to be unreasonable and wasteful.  As such, the various “morality” laws that regulate consensual sex between adults would be unreasonable and wasteful. As another example, paying a modest cost to regulate or outlaw something that causes considerable harm in both numbers and severity would seem reasonable. Thus, the regulation of alcohol and tobacco seems reasonable.

While the specifics will vary from case to case, there should be a consistent approach to these determinations based on general principles regarding costs, number of incidents, severity of the harm and so on. In general, a utilitarian approach would be sensible—weighing out the likely benefits and harms for the various approaches to determine the most reasonable approach.

Not surprisingly, people tend to approach the trigger point of law and regulation very inconsistently. As with most matters of law and regulation, people tend to assess matters based on what they like and dislike rather than rationally assessing the relevant factors.

As a matter of comparison, consider the gun related deaths of children and voter fraud. While there is some dispute about the exact number of children who die from accidental gunshot wounds children obviously do die in this manner.  Not surprisingly, some people have endeavored to strengthen the regulation of guns and pass laws that are aimed at preventing the accidental death of children from gunshots. It is also not surprising that the National Rifle Association (and other similar organizations) have lobbied against such efforts and have argued about the statistics regarding the gun related deaths of children. While the N.R.A. is obviously not in favor of the death of children, the approach taken has also included the standard method of contending that the problem is not at the trigger point at which new regulation or laws should be created and enforced. The general idea is that the harm being done is not significant enough to warrant new regulation or laws regarding guns, such as rules for the safe storage of weapons. In support of this, the N.R.A argues that the death rate from accidental shootings is less than falls, poison or “environmental factors.” That is, not enough children are dying to warrant new laws or regulation (I will assume that the death of a child is regarded as being a serious harm).

There is also considerable dispute about voter fraud, although even those who regard voter fraud as a serious problem admit that the number of incidents is tiny. However, after the recent Supreme Court ruling regarding the Voting Right Act several states enacted laws alleged to be aimed at addressing voter fraud. These laws include those requiring voters to have the proper ID (which former Speaker of the House Jim Wright was not able to get) and those aimed at reducing or eliminating such things as early voting. In general, these laws seem to be ineffective in regards to actual fraud and the existing laws seem to be adequate for catching fraud. For example, eliminating early voting would not seem to have any capacity to deter fraud. While the voter ID laws might seem to have the potential to be effective, actual voter fraud typically does not involve a person voting in person as someone else. Even if it did have some value in preventing voter fraud, it would do so at a great cost, namely disenfranchising many voters. Overall, the main impact of these laws is to not reduce voter fraud (which is miniscule already) but to disenfranchise people. In some cases politicians and pundits admit that these laws are intended to do just that and in some cases they get in trouble for this.

Given the low number of incidents of voter fraud and the considerable harm that is done by the laws allegedly created to counter it, it would seem that such laws would be rather unjustified when using a rational approach to setting a trigger point for new laws or regulations. It could, of course, be argued that the harm done by allowing a miniscule amount of voter fraud is so serious that it warrants disenfranchising people—that is, trying to prevent a few fraudulent votes is worth preventing many legitimate votes from being cast.

Interestingly enough, some of the folks who are pushing hard for new laws to “prevent” voter fraud are the same folks who push hard to prevent new laws to reduce the deaths of children. This presents an interesting look at how people actually make decisions about trigger points.

 

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Super Secret Free Trade Agreement

Posted in Business, Law, Politics by Michael LaBossiere on November 4, 2013

Presumably in response to the secrecy of the Bush administration, Obama made the promise that his administration would be transparent. Those who have Obama derangement syndrome claim that Obama is a Communist while those with a milder form of the affliction claim that he is a Socialist. His secret Free Trade Agreement seems to take a hammer to his own claim and the fearful fantasies of his foes.

While some information about the Free Trade Agreement has been leaked, there was considerable effort to keep its details hidden from not only the voters but also the Congress of the United States. Conveniently enough, some of the top corporations were in the know and presumably involved in laying out the details of the agreement.

Not surprisingly, this agreement seems to be incredibly beneficial to multinational corporations at the expense of sovereign nations and their citizens. For example, the agreement seems to include provisions that allow corporations to sue sovereign states if their laws (such as environmental laws against fracking in certain areas) would impede their profits. These lawsuits would apparently be brought in an international court with authority over sovereign states.

As might be imagined, some of the folks on the left (including people who are real communists and socialists) find this agreement to be of considerable concern. After all, it seems that it is tailored to grant corporations considerable advantages and to infringe on the usual rights of states.

Interestingly, this agreement should also bother many of the folks on the right. While there is obviously a strong pro-corporate camp among conservatives, there is also a strong element that has long been opposed to the notion of world-government and strongly opposed to the idea of the United States being subject to international courts. These people, if they are consistent, would presumably be as opposed to this agreement as they were to other proposals to limit American sovereignty.

That said, there does seem to be a difference between the past cases and the proposed agreement. In the past, those who opposed impositions on American sovereignty were generally imposing attempts to limit what the United States could do. For example, attempts to get the United States to accept internationally based limits in regards to environmental issues were strongly opposed. The rhetoric used included appeals to national sovereignty. Of course, this appeal to sovereignty was beneficial to corporations—they could exempt themselves from laws imposed by other nations behind the shield of United States sovereignty.

In contrast, the proposed agreement removes the shield of sovereignty in ways that are beneficial to the corporations. Obviously, it is rather useful to corporations to be able to hide behind the shield of a sovereign nation when they want to do things they would otherwise be prevented from doing and have that shield set aside when they want to do things to a sovereign nation.

It will be interesting to see how those who influence the conservative base will sell the proposed agreement to those they have long trained to cry out against world government and impositions on sovereignty. My guess is that they will make use of the magic words “free trade” and “free market” to sell the imposition on sovereignty. I also suspect they will make use of the notion that they have been pushing for quite some time, namely the idea that government is a bad thing.

Those who get the notion of consistency will, of course, note that the only consistent principle in use here is the idea that what is good for the profits of the few is good, whether what is good for profits defending national sovereignty in one case or ignoring that sovereignty in another.

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Gun Violence, Once More

Posted in Ethics, Law, Philosophy by Michael LaBossiere on September 20, 2013
The most common type of gun confiscated by pol...

 (Photo credit: Wikipedia)

Mass murders, defined as four or more people killed, occur with unfortunate regularity in the United States. These murders typically involve guns—most likely for the obvious reason that guns make killing much easier. The latest incident to grab the public’s attention was a shooting in a Washington Navy yard in which twelve people were murdered. As with each such horrible event, the gun cycle has been restarted.

As always, some people demand that “something be done” while others rush to head off any attempts to actually do something that might involve guns. As with each previous cycle, this one will slowly spin down and lose the eye of the public. Until the next shooting.

I have written so many times about guns and violence that I suspect that I do not have anything new to say about the matter. From what I have heard, seen and read, it seems like the same is true of other people.

In defense of guns, people trot out the usual line about it being people that kill rather than guns. This is, obviously enough, a true claim: guns are tools that people sometimes use to kill other people. Guns do not engage in murder by themselves. Another way to look at it is that it is true that guns do not commit gun crimes—people do. Of course, the same is true about drug crimes: drugs do not commit drug crimes—people do.

While muttering about guns not killing sounds callous when bullet ridden corpses so recently lay on the ground, this approach does have some merit. After all, when people do kill people with guns, there is some reason (a causal chain) behind it and this reason is not simply that the person had a gun. Rather, they have the gun and use it for reasons (in the sense of there being causes).

In the case of the latest alleged shooter, there seems to be evidence of mental health issues, such as his allegedly telling the police about voices and attempts to beam messages to him with microwaves. He also had a police record that included “minor” gun incidents, such as shooting a coworker’s tire and discharging a firearm through his ceiling into the apartment above. Despite all this, he was still able to legally purchase a gun and even keep his security access to military bases.

Looking back at other shootings, some of them are similar in that the shooter had mental issues that were known but did not reach a level at which legal action could be taken. This, of course, suggests that changing the laws would be a potential solution. However, the obvious concern is that the majority of people who fall below the level at which legal action can be taken to deny them guns never engage in violence. I have written extensively about this before and hold to the same position, namely that denying people their rights requires more than just the mere possibility that they might do something.

It is interesting and disturbing to note that it is worth considering that our entire society is mentally deranged. This point was made quite some time ago by Emma Goldman in her essay on anarchism. She noted that we are like animals in captivity and our behavior is deranged by the conditions that are imposed on us by those who hold power. We face a society with grotesque inequalities, ethical problems, drug abuse (which is both a cause and effect), little social support and great stress. Most people who are ground down by this situation break down in non-violent ways, but it is hardly a shock that some people respond with violence. If this is the case, then the violence is a symptom of a greater disease and gun laws would fail to address the disease itself—although they could make gun violence less likely.

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Splitting Marriage: Love Unions

Posted in Philosophy, Relationships/Dating by Michael LaBossiere on July 26, 2013
Author: Bagande

 (Photo credit: Wikipedia)

In previous essays I argued in favor of splitting marriage by proposing theological unions (for the religious folks) and civil unions (to cover the legal contract aspect of marriage). However, there does seem to be one aspect of marriage left out, namely the matter of love.

On the one hand, it is sensible to not include the notion of love in marriage. After all, a couple that is getting married does not have to prove that they are in love. People who do not love each other can get married and people who do love each other (in the romantic sense) need not get married.

On the other hand, the notion of marriage for love does have a certain romantic appeal—fueled by literature and movies (if not reality). As such, it seems worthwhile to include a third type of marriage, namely the love union. While the romantic image is appealing, there is also a more substantive basis for the love union.

As noted in another essay, the theological union was proposed to allow people to exercise both freedom of religion and freedom from religion. As was noted in the essay after that, the civil union was proposed to handle the legal aspects of marriage. In the case of the love union, the purpose is to allow couples to create their own relationship bond (and rules) apart from that of religion and the state. That is, this is a relationship defined entirely by the couple. While the couple might involve others and have a ceremony, a love union would not be a theological union and would have no legal status.  That is, the rules are only enforced (or not) by the couple. Naturally, a love union can be combined with the other types. A couple could, for example, get a theological union at their mosque, get a civil union from the state, and then have an event with friends to announce their love union.

Given that the love union has no theological status or legal status, it might be wondered what it would actually do. The answer is, of course, that this would vary from union to union. However, the general idea is that the couple would define the aspects of their relationship that are not covered by theology (which might be all of it) and do not fall under the dominion of the state. This sort of definition might be something as simple as a declaration of eternal love to a fairly complex discussion of the nature of the relationship in terms of rights, expectations and responsibilities. While not every couple will want to establish a love union, this does seem like a good idea.

Love is, apparently, the least important aspect of marriage when it comes to the political debates over the matter. This might be a reflection of the reality of marriage (that it is about religion and legal rights) or a sign of misplaced values. Because of this, I thought I would at least give love a chance.

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Splitting Marriage: Civil Unions

Posted in Ethics, Law, Philosophy, Politics, Relationships/Dating by Michael LaBossiere on July 24, 2013
English: A woman makes her support of her marr...

 (Photo credit: Wikipedia)

In an earlier essay I argued in favor of splitting marriage and focused on the creation of theological unions. Each religious institution could define its own theological union in accord with its doctrines, thus allowing people to exercise their religious freedom. However, the theological union would have no legal status—thus allowing people to exercise their right to freedom from other peoples’ religions. Marriage as currently practiced does have numerous legal aspects that range from tax status to hospital visitation rights. On the assumption that these legal aspects are worth preserving, I propose a second type of marriage. At the risk of some confusion, it could be called a “civil union”—but I am not wed to this name. I am also open to the idea that some or even all of the legal aspects of marriage are not worth preserving and would certainly consider arguments to that effect.

A civil union of the sort I am proposing would actually cover a variety of legal relationships and would allow people various options. I base this on the idea that people should, in general, have the freedom to define their legal relationships in this context.

Those who prefer a more traditional approach could select the full traditional marriage civil union with all the legal obligations and rights that compose current marriage. In terms of who should be allowed to engage in such unions, the answer would seem to be that it is open to all adults who are legally capable of giving consent. Thus, this would exclude civil unions with turtles, corpses or goats.  The basis for this is the right of legally competent adults to enter into legal contracts. As I see it, the legal aspects of marriage (such as joint property, insurance coverage, and so on) are merely legal agreements that hold between adults and the sex of the individuals seems to be irrelevant. As such, same-sex civil unions would be just as legitimate as different-sex civil unions. People engage in business contracts with people who are of their same sex all the time and the legal aspects of marriage are rather similar to a business contract—most especially in matters of divorce.

In addition to the “standard package” based on traditional marriage, people could also create more personalized contracts of union. This would involve specifying the legal obligations and rights that define the union. In terms of why this should be allowed, it is absurd that the marriage merger is a one size fits all deal when any other contract can be custom made. As such, I propose that people can create contracts of union that would allow couples to specify the legal aspects of their civil union. While many of these would be drawn from the “standard package”, these could also include tailored specifications. For example, a contract of union might specify the division of property that will occur in the case of divorce. In fact, given the high divorce rate, such contracts would be rather sensible and would save considerable problems later on.

Given that the legal aspect of marriage are based on a contract, it seems reasonable that many of the rights and privileges should be open to people who are not in a union. For example, people should be able to designate the people who get to visit them in the hospital.

It might be contended that this approach to marriage fails to consider the role of religion in marriage. My obvious reply is that this is exactly right. The religious aspects of marriage should be made distinct from the legal aspects, which is why I proposed the religious union as well.

It might be objected that this contract view of marriage would sully the sacredness of marriage. This proposal would seem to reduce marriage to a legal contract and, of course, people might enter into such unions for impure reasons such as financial gain or to get a green card.

The easy and obvious reply to the sully objection is that marriage has already been well and thoroughly sullied. Hence, replacing traditional marriage with a civil union would hardly sully it. To use an analogy, adding a bit more dirt to a mud puddle is not going to sully its purity, for it has none.

In regards to the impure reasons, it is obviously the case that people engage in traditional marriage for such impure reasons. Thus, this would make civil unions no worse than traditional marriage.

As a final point, it can be argued that marriage is defined by the state to encourage a certain type of marriage and in accord with traditional rights. The easy reply to this is that the state can still encourage marriage types by specifying the contracts and that an appeal to tradition is a mere fallacy.

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On Not Being Anti-Gun

Posted in Philosophy, Politics by Michael LaBossiere on January 25, 2013
no guns required

no guns required (Photo credit: Wikipedia)

Since I am a philosopher and am often cast as a liberal, people are sometimes surprised to find out that I am not anti-gun. After all, those seen as good liberals are supposed to be against guns as are folks in academics. In the light of the terrible murders at Sandy Hook and in Colorado, it might seem even more odd to not be anti-gun.

In terms of how I feel (as opposed to think) about guns, the explanation is rather easy. When I was a kid, I grew up around guns and hence they were something quite normal to me. When I was old enough to handle a gun, I went shooting and hunting with my father-after being properly trained in gun safety. I remember well the lessons I learned about how to handle a gun safely and the great responsibility that comes with carrying and firing a weapon.

My personal experiences involving guns have, at least so far, been positive: hunting with my dad, target shooting with friends, and learning about historic weapons. I have not had any personal experiences involving gun violence. None of my friends or relatives have been harmed or killed by guns (other than in war). Naturally, I have been affected by the media coverage of the terrible murders at Sandy Hook and elsewhere. However, the impact of what a person sees in the media is far less than the impact of personal experience-at least in terms of how one feels (as opposed to how one thinks) about a matter.  In contrast, I have had friends hurt or killed by vehicles, drugs (legal and illegal), and other non-gun causes. I have had complete strangers try to hurt (or kill) me with their cars while I was biking, walking or running-but I have never been threatened with a gun. As such, I generally feel more negatively towards cars than I do towards guns.

Obviously enough, how a person feels about a matter is no indication of what is true or moral. Feelings can easily be distorted by a lack of sleep, by drugs (legal or illegal), by illness or by other temporary factors. As such, attempting to feel ones way through a complex matter such as the topic of guns is a rather bad idea. As such, while I generally have a positive feeling towards guns, this is no evidence for the claim that I should (morally) not be anti-gun.

In my last post I considered the stock argument that civilian gun ownership is necessary as a defense against the tyranny of the United States federal government. As I argued, the radical changes in weapon technology has made the idea that civilians can resist the onslaught of the entire United States government backed by the military rather obsolete. Back when the black powder muzzle loading cannon was the most powerful battlefield weapon it made sense to believe that plucky civilians armed with muskets could stand against  regular army soldiers with some hope of not being exterminated. However, the idea of fighting against tanks, Predator drones, jet fighters and so on in the blasted ruins of American towns using AR-15s is absurd. I ended this post noting that there are other arguments for civilian gun rights that have actual merit.

From the standpoint of reason, the main reason I am not anti-gun is because of my acceptance of the classic right of self-preservation (as laid out by Thomas Hobbes) and self-defense (as argued for by John Locke). While it is rational to rely on the state for some protection (which is what Locke, Hobbes and other classic thinkers argued for) it would be irrational to rely completely on the state. This is not because of a fear of tyranny so much as because of the obvious fact that the state cannot (and should not) be watching us at all times and in all places. Should a person be pulled back into the state of nature, she will only have herself (or those nearby) to rely on. If she is denied the gun as a means of self-defense, then she is terribly vulnerable to anyone who wishes to do her harm in those times when the state’s agents are not present (such as while she is in her home).  I find this argument to be compelling and hence I am not anti-gun.

It might be countered that if the state was guarding us at all times and in all places, then there would be no need for the individual to have a right to a gun as a means of self defense. While this might be true, the obvious concern would be the price paid in privacy and liberty to enable the state to guard us so thoroughly. While I value my safety and I do not take foolish risks, I also value my liberty and privacy. My pride also motivates me: I am not a child that must be guarded at all times. I am an adult and that means that I must take responsibility for my safety as part of the price of liberty and privacy. On my system of values, the price is worth what I gain in terms of freedom and privacy. Others might well wish to be enveloped in the protective embrace of the state and thus live as perpetual children, unable to make the transition to the risks and rewards of being an adult.

Another, more reasonable, counter is that the cost in blood and life of allowing private citizens to possess guns is too high and thus one should be morally opposed to them. While restricting guns would mean that people would be more vulnerable, it can be argued that the harms done to the unarmed will be vastly exceeded by the reduction in, well, harms done to the unarmed. That is, fewer people will be killed because they lack guns relative to those being saved because of the restrictions on guns.

Even if it could be shown that such controls would be effective and also worth the cost, I would still not be anti-gun.  After all, the fact that tens of thousands of people die because of vehicles does not make me anti-vehicle. Rather, I am anti-harm and anti-death.

 

 

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When is it Time to Discuss Gun Violence?

Posted in Ethics, Law, Philosophy, Politics by Michael LaBossiere on December 17, 2012
Coalition to Stop Gun Violence

 (Photo credit: Wikipedia)

After the murders at the Sandy Hook elementary school in Connecticut, a standard script was followed by the media and the pundits on various sides. Part of this script is that people who are against guns typically demand more gun control and some people who are pro-gun counter by claiming that the time after such a terrible incident is not the time to discuss changes in law.

My focus in this essay is to address the matter of when it is time to discuss gun violence and, in particular, changes in laws or policies regarding guns.

On the one hand, those who claim that the matter of gun laws should not be discussed right after a tragedy do have a reasonable point. After all, people reason even more poorly than usual when they are experiencing strong emotions. There is, of course, an abundance of fallacies that are “fueled” by the power of emotions to lead people astray from good reasoning. Examples include the classics such as appeal to anger, appeal to pity, and appeal to fear. In these fallacies, the general idea that something that creates an emotional effect (anger, pity or fear) is used as a substitute for an actual reason to accept a claim. As might be imagined, people are even more likely to commit such fallacies when they are in emotional states.

The reasonable concern is, of course, that people will make poor decisions regarding laws or policies while under the influence of their emotions and that these decisions can have negative consequences or, at the very least, lead to ineffective “solutions.” Presumably better decisions would be made after the emotions have cooled and, of course, we should endeavor to make laws and policies when our reasoning is at its best.

On the other hand, there are reasonable concerns that waiting to discuss such matters could be problematic. First, there is the worry that concern about gun violence will simply fade away as people are distracted by other things and forget about the murders at Sandy Hook. As such, a delay could result not in a more reasonable discussion of gun laws and policies but in no real discussion at all. This seems to be a common cycle: the media focuses on a terrible event involving guns for a few days and then the matter just fades away until the next incident. As such, it seems reasonable to push for serious discussion now when people are paying attention.

Second, there is the worry that the push to wait is not really a call to wait until we can have calm reflection on the matter but a considered tactic on the part of certain people to take advantage of the media’s and the public’s short attention span. That is, if the discussion can be held off long enough, people will forget about the matter (as noted above) and the status quo will continue.

While I certainly favor a rational discussion of the matter, I think that this can be done without waiting until people have mostly lost interest in the matter. As such, I think it is certainly time to discuss the matter seriously.

 

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