The University as a Money Funnel
One serious problem with American higher education is that the cost of a four-year degree is higher than ever—even when adjusting for inflation. The causes of this increase are well known and well understood—there is no mystery about this. One contributing factor is that universities tend to spend considerable money on facilities that are not connected to education. Critics like to, for example, point out that some universities spend millions on luxurious fitness facilities. These sort of expenditures are ironic (and stupid) given that education funding has been consistently reduced across the United States. To use the obvious analogy, this would be like a family putting in a pool, spa, and exercise room when they do not have enough money to pay for their actual necessities.
What seems to be the major factor contributing to costs is the ever-expanding administrative class at universities. This expansion occurs in terms of both individual salaries and overall numbers. From 2000 to 2010 the median salary for the top public university administrators increased by 39%. The top administrators, the university presidents, enjoyed a 75% increase. In stark contrast, the salaries for full-time professors increased by almost 19%.
The money for these salary increases has to come from somewhere and an obvious source is students. My alma mater Ohio State University is leading the way in milking students to pay administrators. Between 2010 and 2012 Gordon Gee, the president of OSU, was paid almost $6 million. At the same time, OSU raised tuition and fees to a degree that resulted in student debt increasing 23% more than the national average.
While some might be tempted to attribute this salary bloating as the result of the usual alleged wastefulness and growth of the public sector, private colleges and universities topped their public counterparts. From 2000 to 2010 private schools saw salary increases of about 97% for their top administrators and their presidents enjoyed a 171% increase. Full time professors also partook of the increases—their salaries increased by 50%.
What is even more striking than the salary increases are the increase in the number of positions and their nature. From 1978 to 2014 administrative positions skyrocketed 369%. This time period also marked a major shift in the nature of faculty. The number of part-time faculty (the analogues of temp workers in the corporate world) increased by 286%. The use of adjuncts is justified on the grounds that doing so saves money. While adjunct salaries vary, the typical adjunct makes $20,000-25,000.
However, the money saved does not translate to a lower cost of education—rather, it “saves” money from going to faculty so that it can go to administrators. Since the average salary of a university president is $478,896 and the number of presidents making $1 million or more a year is increasing, it should be obvious what is helping to drive up the cost of college. Hint: it is not adjunct pay.
There was also a push to reduce (and eliminate) tenured positions which resulted in an increase in full time, non-tenure earning positions by 259%. Full time tenure and tenure-track positions increased by only 23%. Ohio State University provides an excellent (or awful) example of this A&A Strategy: the majority of those hired by OSU were Adjuncts and Administrators. To be specific, OSU hired 498 adjunct instructors and 670 administrators. 45 full-time, permanent faculty were hired.
Interestingly enough, the Republicans who run many state legislatures rail against wasteful spending, impose micromanagement and inflict draconian measures on state universities yet never seem to address the real causes of tuition increase and the problems in the education system. Someone more cynical than I might note that the university seems to no longer have education as its primary function. Rather, it is crafted to funnel money from the “customer” and the tax payer (in the form of federal student aid) to the top while minimizing pay for those who do the actual work.
Tenure has been a target in recent years because tenure provides faculty with protection against being fired without cause (tenured faculty can be fired—it is not a magic shield). This is regarded by some as a problem for a variety of reasons. One is that tenured faculty cannot be let go simply to replace them with vastly lower paid adjuncts. This, obviously enough, means less money flowing from students and the state to administrators. Another is that the protection provided by tenure allows a faculty member to be critical of what is happening to the university system of the United States without running a high risk of simply being let go as a trouble maker. As you might guess, I am a tenured full-professor. So, I can use my freedom of speech with rather less fear of being fired. I also enjoy the dubious protection afforded by the fact that people rarely take philosophers seriously.
The Confederacy, License Plates & Free Speech
Early in 2015 some folks in my adopted state of Florida wanted three Confederate veterans to become members of the Veterans’ Hall of Fame. Despite the efforts of the Florida Sons of Confederate Veterans, the initial attempt failed on the grounds that the Confederate veterans were not United States’ veterans. Not to be outdone, the Texas Sons of Confederate Veterans want to have an official Texas license plate featuring the Confederate battle flag. While custom license plates are allowed in the United States, the states generally review proposed plates. The Texas department of Motor Vehicles rejected the proposed plate on the grounds that “a significant portion of the public associate[s] the Confederate flag with organizations” expressing hatred for minorities. Those proposing the plate claim that this violates their rights. This has generated a legal battle that has made it to the US Supreme Court.
The legal issue, which has been cast as a battle over free speech, is certainly interesting. However, my main concern is with the ethics of the matter. This is, obviously enough, also a battle over rights.
Looked at in terms of the right of free expression, there are two main lines of contention. The first is against allowing the plate. One way to look at an approved license plate is that it is a means of conveying a message that the state agrees with. Those opposed to the plate have argued that if the state is forced to allow the plate to be issued, the state will be compelled to be associated with a message that the government does not wish to be associated with. In free speech terms, this could be seen as forcing the state to express or facilitate a view that it does not accept.
This does have a certain appeal since the state can be seen as representing the people (or, perhaps, the majority of the people). If a view is significantly offensive to a significant number of citizens (which is, I admit, vague), then the state could reasonably decline to accept a license plate expressing or associated with that view. So, to give some examples, the state could justly decline Nazi plates, pornographic plates, and plates featuring racist or sexist images. Given that the Confederate flag represents to many slavery and racism, it seems reasonable that the state not issue such a plate. Citizens can, of course, cover their cars in Confederate flags and thus express their views.
The second line of contention is in favor of the plate. One obvious line of reasoning is based on the right of free expression: citizens should have the right to express their views via license plates. These plates, one might contend, do not express the views of the state—they express the view of the person who purchased the plate.
In terms of the concerns about a plate being offensive, Granvel Block argued that not allowing a plate with the Confederate flag would be “as unreasonable” as the state forbidding the use of the University of Texas logo on a plate “because Texas A&M graduates didn’t care for it.” On the one hand, Block has made a reasonable point: if people disliking an image is a legitimate basis for forbidding its use on a plate, then any image could end up being forbidden. It would, as Block noted, be absurd to forbid schools from having custom plates because rival schools do not like them.
On the other hand, there seems to be an important difference between the logo of a public university and the battle flag of the Confederacy. While some Texas A&M graduates might not like the University of Texas, the University of Texas’ logo does not represent states that went to war against the United States in order to defend slavery. So, while the state should not forbid plates merely because some people do not like them, it does seem reasonable to forbid a plate that includes the flag representing, as state Senator Royce West said, “…a legalized system of involuntary servitude, dehumanization, rape, mass murder…”
The lawyer representing the Sons of Confederate Veterans, R. James George Jr., has presented an interesting line of reasoning. He notes, correctly, that Texas has a state holiday that honors veterans of the Confederacy, that there are monuments honoring Confederate veterans and that the gift shop in the capitol sells Confederate memorabilia. From this he infers that the Department of Motor Vehicles should follow the state legislature and approve the plate.
This argument, which is an appeal to consistency, does have some weight. After all, the state certainly seems to express its support for Confederate veterans (and even the Confederacy) and this license plate is consistent with this support. To refuse the license plate on the grounds that the state does not wish to express support for what the Confederate flag stands for is certainly inconsistent with having a state holiday for Confederate veterans—the state seems quite comfortable with this association.
There is, of course, the broader moral issue of whether or not the state should have a state holiday for Confederate veterans, etc. That said, any arguments given in support of what the state already does in regards to the Confederacy would seem to also support the acceptance of the plate—they seem to be linked. So, if the plate is to be rejected, these other practices must also be rejected on the same grounds. But, if these other practices are to be maintained, then the plate would seem to fit right in and thus, on this condition, also be accepted.
I am somewhat divided on this matter. One view I find appealing favors freedom of expression: any license plate design that does not interfere with identifying the license number and state should be allowed—consistent with copyright law, of course. This would be consistent and would not require the state to make any political or value judgments. It would, of course, need to be made clear that the plates do not necessarily express the official positions of the government.
The obvious problem with such total freedom is that people would create horrible plates featuring pornography, racism, sexism, and so on. This could be addressed by appealing to existing laws—the state would not approve or reject a plate as such, but a plate could be rejected for violating, for example, laws against making threats or inciting violence. The obvious worry is that laws would then be passed to restrict plates that some people did not like, such as plates endorsing atheism or claiming that climate change is real. But, this is not a problem unique to license plates. After all, it has been alleged that officials in my adopted state of Florida have banned the use of the term ‘climate change.’
Another view I find appealing is to avoid all controversy by getting rid of custom plates. Each state might have a neutral, approved image (such as a loon, orange or road runner) or the plates might simply have the number/letters and the state name. This would be consistent—no one gets a custom plate. To me, this would be no big deal. But, of course, I always just get the cheapest license plate option—which is the default state plate. However, some people regard the license plate as important and their view is worth considering.
Robopunishment
While the notion of punishing machines for misdeeds has received some attention in science fiction, it seems worthwhile to take a brief philosophical look at this matter. This is because the future, or so some rather smart people claim, will see the rise of intelligent machines—machines that might take actions that would be considered misdeeds or crimes if committed by a human (such as the oft-predicted genocide).
In general, punishment is aimed at one of more of the following goals: retribution, rehabilitation, or deterrence. Each of these goals will be considered in turn in the context of machines.
Roughly put, punishment for the purpose of retribution is aimed at paying an agent back for wrongdoing. This can be seen as a form of balancing the books: the punishment inflicted on the agent is supposed to pay the debt it has incurred by its misdeed. Reparation can, to be a bit sloppy, be included under retaliation—at least in the sense of the repayment of a debt incurred by the commission of a misdeed.
While a machine can be damaged or destroyed, there is clearly the question about whether it can be the target of retribution. After all, while a human might kick her car for breaking down on her or smash his can opener for cutting his finger, it would be odd to consider this retributive punishment. This is because retribution would seem to require that a wrong has been done by an agent, which is different from the mere infliction of harm. Intuitively, a piece of glass can cut my foot, but it cannot wrong me.
If a machine can be an agent, which was discussed in an earlier essay, then it would seem to be able to do wrongful deeds and thus be a potential candidate for retribution. However, even if a machine had agency, there is still the question of whether or not retribution would really apply. After all, retribution requires more than just agency on the part of the target. It also seems to require that the target can suffer from the payback. On the face of it, a machine that could not suffer would not be subject to retribution—since retribution seems to be based on doing a “righteous wrong” to the target. To illustrate, suppose that an android injured a human, costing him his left eye. In retribution, the android’s left eye is removed. But, the android does not suffer—it does not feel any pain and is not bothered by the removal of its eye. As such, the retribution would be pointless—the books would not be balanced.
This could be countered by arguing that the target of the retribution need not suffer—what is required is merely the right sort of balancing of the books, so to speak. So, in the android case, removal of the android’s eye would suffice, even if the android did not suffer. This does have some appeal since retribution against humans does not always require that the human suffer. For example, a human might break another human’s iPad and have her iPad broken in turn, but not care at all. The requirements of retribution would seem to have been met, despite the lack of suffering.
Punishment for rehabilitation is intended to transform wrongdoers so that they will no longer be inclined to engage in the wrongful behavior that incurred the punishment. This differs from punishment aimed at deterrence—this aims at providing the target with a reason to not engage in the misdeed in the future. Rehabilitation is also aimed at the agent who did the misdeed, whereas punishment for the sake of deterrence often aims at affects others as well.
Obviously enough, a machine that lacks agency cannot be subject to rehabilitative punishment—it cannot “earn” such punishment by its misdeeds and, presumably, cannot have its behavioral inclinations corrected by such punishment.
To use an obvious example, if a computer crashes and destroys a file that a person had been working on for hours, punishing the computer in an attempt to rehabilitate it would be pointless. Not being an agent, it did not “earn” the punishment and punishment will not incline it to crash less in the future.
A machine that possesses agency could “earn” punishment by its misdeeds. It also seems possible to imagine a machine that could be rehabilitated by punishment. For example, one could imagine a robot dog that could be trained in the same way as a real dog—after leaking oil in the house or biting the robo-cat and being scolded, it would learn not to do those misdeeds again.
It could be argued that it would be better, both morally and practically, to build machines that would learn without punishment or to teach them without punishing them. After all, though organic beings seems to be wired in a way that requires that we be trained with pleasure and pain (as Aristotle would argue), there might be no reason that our machine creations would need to be the same way. But, perhaps, it is not just a matter of the organic—perhaps intelligence and agency require the capacity for pleasure and pain. Or perhaps not. Or it might simply be the only way that we know how to teach—we will be, by our nature, cruel teachers of our machine children.
Then again, we might be inclined to regard a machine that does misdeeds as being defective and in need of repair rather than punishment. If so, such machines would be “refurbished” or reprogrammed rather than rehabilitated by punishment. There are those who think the same of human beings—and this would raise the same sort of issues about how agents should be treated.
The purpose of deterrence is to motivate the agent who did the misdeed and/or other agents not to commit that deed. In the case of humans, people argue in favor of capital punishment because of its alleged deterrence value: if the state kills people for certain crimes, people are less likely to commit those crimes.
As with other forms of punishment, deterrence requires agency: the punished target must merit the punishment and the other targets must be capable of changing their actions in response to that punishment.
Deterrence, obviously enough, does not work in regards to non-agents. For example, if a computer crashes and wipes out a file a person has been laboring on for house, punishing it will not deter it. Smashing it in front of other computers will not deter them.
A machine that had agency could “earn” such punishment by its misdeeds and could, in theory, be deterred. The punishment could also deter other machines. For example, imagine a combat robot that performed poorly in its mission (or showed robo-cowardice). Punishing it could deter it from doing that again it could serve as a warning, and thus a deterrence, to other combat robots.
Punishment for the sake of deterrence raises the same sort of issues as punishment aimed at rehabilitation, such as the notion that it might be preferable to repair machines that engage in misdeeds rather than punishing them. The main differences are, of course, that deterrence is not aimed at making the target inclined to behave well, just to disincline it from behaving badly and that deterrence is also aimed at those who have not committed the misdeed.
Florida’s Bathroom Law
Being from Maine, I got accustomed to being asked about the cold, lobsters, moose and Stephen King. Living in Florida, I have become accustomed to being asked about why my adopted state is so insane. Most recently, I was asked about the bathroom bill making its way through the House.
The bathroom bill, officially known as HB 583, proposes that it should be a second-degree misdemeanor to “knowingly and willfully” enter a public facility restricted to members “of the other biological sex.” The bill proposes a maximum penalty of 60 days in jail and a $500 fine.
Some opponents of the bill contend that it is aimed at discriminating against transgender people. Some part of Florida have laws permitting people to use public facilities based on the gender they identify with rather than their biological sex.
Obviously enough, proponents of the bill are not claiming that they are motivated by a dislike of transgender people. Rather, the main argument used to support the bill centers on the claim that it is necessary to protect women and girls. The idea seems to be that women and girls will be assaulted or raped by males who will gain access to locker rooms and bathrooms by claiming they have a right to enter such places because they are transgender.
Opponents of the bill have pointed out the obvious reply to this argument: there are already laws against assault and rape. There are also laws against lewd and lascivious behavior. As such, there does not seem to be a need for this proposed law if its purpose is to protect women and girls from such misdeeds. To use an analogy, there is no need to pass a law making it a crime for a man to commit murder while dressed as a woman—murder is already illegal.
It could be countered that the bill is still useful because it would add yet another offense that a perpetrator could be charged with. While this does have a certain appeal, the idea of creating laws just to stack offenses seems morally problematic—it seems that a better policy would be to craft laws that adequately handle the “base” offenses.
It could also be claimed that the bill is needed in order to provide an initial line of defense. After all, one might argue, it would be better that a male never got into the bathroom or locker room to commit his misdeeds and this bill will prevent this from occurring.
The obvious reply is that the bill would work in this manner if the facilities are guarded by people capable of turning such masquerading males away at the door. This guards would presumably need to have the authority to check the “plumbing” of anyone desiring entry to the facility. After all, it is not always easy to discern between a male and a female by mere outward appearance. Of course, if such guards are going to be posted, then they might as well be posted inside the facilities themselves, thus providing much better protection. As such, if the goal is to make such facilities safe, then a better bill would mandate guards for such facilities.
Opponents of the bill do consider the dangers of assault. However, they contend that it is transgender people who are most likely to be harmed if they are compelled to use facilities for their biological sex. It would certainly be ironic if a bill (allegedly) aimed at protect people turned out to lead to more harm.
A second line of argumentation focuses on the privacy rights of biological women. “Women have an expectation of privacy,” said Anthony Verdugo of Christian Family Coalition Florida. “My wife does not want to be in a public facility with a man, and that is her right. … No statute in Florida right now specifically prohibits a person of one sex from entering a facility intended for use by a person of another sex.”
This does have a certain appeal. When I was in high school, I and some other runners were changing after a late practice and someone had “neglected” to tell us that basketball cheerleaders from another school would be coming through the corridor directly off the locker room. Being a typical immature nerd, I was rather embarrassed by this exposure. I do recall that one of my more “outgoing” fellow runners offered up a “free show” before being subdued with a rattail to the groin. As such, I do get that women and girls would not want males in their bathrooms or locker rooms “inspecting their goods.” That said, there are some rather obvious replies to this concern.
The first reply is that it seems likely that transgender biological males that identify as female would not be any more interested in checking out the “goods” of biological females than would biological females. But, obviously, there is the concern that such biological males might be bi-sexual or interested only in females. This leads to the second reply.
The second reply is that the law obviously does not protect females from biological females that are bi-sexual or homosexual. After all, a lesbian can openly go into the women’s locker room or bathroom. As such, the privacy of women (if privacy is taken to include the right to not be seen while naked by people who might be sexually attracted to one) is always potentially threatened.
Though some might now be considering bills aimed at lesbians and bi-sexuals in order to protect the privacy of straight women, there is really no need of these bills—or HB 583. After all, there are already laws against harassment and other such bad behavior.
It might be countered that merely being seen by a biological male in such places is sufficient to count as a violation of privacy, even if the male is well-behaved and not sexually interested. There are, after all, laws (allegedly) designed to protect women from the prying eyes of men, such as some parts of Sharia law. However, it would seem odd to say that a woman should be protected by law merely from the eyes of a male when the male identifies as a woman and is not engaged in what would be reasonably regarded as bad behavior (like staring through the gaps in a stall to check out a woman).
Switching gears a bit, in an interesting coincidence I was thinking about this essay when I found that the men’s bathroom at the FSU track was locked, but the women’s bathroom was open. The people in ROTC were doing their track workout at the same time and the male cadets were using the women’s bathroom—since the alternative was public urination. If this bill passed, the cadets would have been subject to arrest, jail and a fine for their crime.
For athletes, this sort of bathroom switching is not at all unusual. While training or at competitions, people often find the facilities closed or overburdened, so it is common for people to use whatever facilities are available—almost always with no problems or issues. For example, the Women’s Distance Festival is a classic race in Tallahassee that is open to men and women, but has a very large female turnout. On that day, the men get a porta-pottie and the men’s room is used by the women—which would be illegal if this bill passed. I have also lost count of the times that female runners have used the men’s room because the line to the women’s facilities was way too long. No one cared, no one was assaulted and no one was arrested. But if this bill became law, that sort of thing would be a crime.
My considered view of this bill is that there is no need for it. The sort of bad behavior that it is aimed to counter is already illegal and it would criminalize behavior that is not actually harmful (like the male ROTC cadets using the only open bathroom at the track).
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