In my previous essay I laid the groundwork for the discussion that is to follow regarding the pro-life moral position and misogyny. As argued in that essay, a person can be pro-life and not a misogynist. It was also shown that attacking a person’s circumstances or consistency in regards to their professed belief in a pro-life moral position does not disprove that position. It was, however, contended that consistency does matter when sorting out whether a person really does hold to a pro-life position or is, in fact, using that as cover for misogyny.
While there are open misogynists, open misogynists generally do not fare well in American elections. As such, a clever (or cleverly managed) misogynist will endeavor to conceal his misogyny behind more laudable moral positions, such as being pro-life. This, obviously, sells better than being anti-women.
Throughout 2015 Americans will be (in theory) deciding the candidates for President and then in 2016 they will be voting. Republicans in general and the current crop of presidential candidates profess that they are pro-life, but there is still the question of whether they truly hold to this principle. Republicans are also regularly accused of being misogynists and part of this involves asserting that their pro-life stance is actually an anti-women stance. One way to sort this out is to consider whether or not a person acts consistently with a pro-life position. Since people are inconsistent though ignorance and moral weakness, this will not conclusive reveal the truth of the matter—but it is perhaps the best method of empirical investigation.
On the face of it, a pro-life position is the view that it is morally wrong to kill. If a person held to this principle consistently, then she would oppose all forms of killing—this would include hunting, killing animals for food, capital punishment, and killing in war. There are people who do hold to this view and are consistent. This view was taken very seriously by Christian thinkers such as St. Augustine and St. Aquinas. After all, as I say to my Ethics students, it would be a hell of a thing to go to hell for a hamburger.
The pro-life view that killing is wrong would seem to require a great deal of a person. In addition to being against just straight-up killing in war, abortion and capital punishment, it would also seem to require being against things that kill people, such as poverty, pollution and disease. As such, a pro-life person would seem to be required to favor medical and social aid to fight things like disease and poverty that kill people.
As is obvious, there are many pro-life people who oppose such things. They even oppose such things as providing food support for mothers and infants who are mired in poverty. One might thus suspect that they are not so much pro-life as anti-woman. Of course, a person could be pro-life and still be opposed to society rendering aid to people to prevent death.
One option is to be against killing, but be fine with letting people die. While philosophers do make this moral distinction, it seems a bit problematic for a person to claim that he opposes abortion because killing fetuses is wrong, but not providing aid and support to teenage mothers, the sick, and the starving is acceptable because one is just letting them die rather than killing them. Given this view, a pro-life person of this sort would be okay with a woman just abandoning her baby—she would simply be letting the baby die rather than killing her.
People who are pro-life also often are morally fine with killing and eating animals. The ethics of killing animals (and plants) was also addressed explicitly by Augustine and Aquinas. One way to be pro-life but hold that killing animals is acceptable is to contend that humans have a special moral status that other living things lack. The usual justification is that we are better than them, so we can kill (and eat) them. This view was held by St. Augustine and St. Anselm who were fine with killing animals (and plants).
However, embracing the superiority principle does provide an opening that can be used to justify abortion—one merely needs to argue that the fetus has a lower moral status than the woman and this would seem to warrant abortion.
Many people who profess a pro-life view also favor capital punishment and war. In fact, it is common to hear a politician smoothly switch from speaking of the sanctity of life to the need to kill terrorists and criminals. One way to be pro-life and accept capital punishment and war is to argue that it is the killing of innocents that is wrong. Killing the non-innocent is fine.
The obvious problem is that capital punishment sometimes kills the innocent and war always involves the death of innocents. If these killings are warranted in terms of interests, self-defense, or on utilitarian grounds, then the door is open for the same being applied to abortion. After all, if innocent adults and children can be killed for national security, economic interests or to protect us from terrorists, then fetuses can also be killed for the interests of the woman or on utilitarian grounds. Also, animals and plants are clearly innocent beings—but they can be addressed by the superiority argument. Someone who is fine with killing people for the sake of interests or on utilitarian grounds, yet professes to be devoutly pro-life might justifiably be suspected of being more anti-women than pro-life.
A pro-life position can also be interpreted as the moral principle that abortions should be prevented. This is, obviously, better described as anti-abortion rather than pro-life. One obvious way to prevent abortions is to prevent women from having them. This need not be a misogynistic view—one would need to consider why the person holds to this view and this can be explored by considering the person’s other expressed views on related matters.
If a person is anti-abortion, then she should presumably support ways to prevent abortion other than merely stopping women from having them. Two rather effective ways to reduce the number of abortions (and thus prevent some) are effective sex education and access to birth control. These significantly reduce the number of unwanted pregnancies and thus reduce the number of abortions. Not surprisingly, abstinence focused “sex education” fails dismally.
To use the obvious analogy, being anti-abortion is rather like being anti-traffic fatality. Telling people to not drive will not really help. Teaching people how to drive safely and ensuring that protection is readily available does work quite well.
Because of this, if a person professes to be pro-life/anti-abortion, yet is opposed to effective sex education and birth control, then it is reasonable to suspect misogyny. This is, of course, not conclusive: the person might have no dislike of women and sincerely believe that ignorance about sex is best, that abstinence works, and that birth control is evil. The person would not be a misogynist—just in error.
In closing, it must be reiterated that just because a person is inconsistent in regards to his professed pro-life moral principles, it does not follow that he must be a misogynist. After all, people are often inconsistent because of ignorance, a failure to consider implications, and moral weakness. However, if a person professes a pro-life position, yet is consistently inconsistent in regards to his actions and other professed views, then it would not be unreasonable to consider that there might be some misogyny in play.
Since the whole “war on x” thing is overdone, I will not say that there is a war on public education. Rather, I will say that certain politicians have attacked one of the cornerstones of America’s democratic system and its economic strength, namely public education.
Scott Walker has aimed at eroding tenure at public universities in Wisconsin and Rick Scott has imposed an irrational and harmful performance based funding system in Florida. Similar attacks on public education are occurring in many states. Most states have also cut financial support for public education. While occurring under the guise of cost reduction and accountability, these attacks seem calculated at impeding independent research that might expose troublesome truths and also to open up new avenues of private profit at the expense of the public good.
In 2014 I wrote an essay critical of Florida’s harmful and ineffective (in terms of achieving educational goals) performance based funding system. Writing in 2015, my views of this system remain mostly the same; although the seemingly arbitrary changes in the rules have made me like it even less.
My school, Florida A&M University, took a beating under the existing system. This system, as I noted in the earlier essay, fails to consider the challenges faced by specific schools and the assessment system seems calculated to favor certain schools. Not surprisingly, the 2015 faculty planning sessions focused heavily on performance based funding. It was, in fact, the main subject of the keynote speaker.
This speaker took a rational and pragmatic approach to the problem. He noted that complaining about it and refusing to accept its reality would be a rather bad idea. Roughly put, failure to respond in accord with the punitive standards imposed by the state would simply doom FAMU to ever lower budgets. By meeting the standards, FAMU could escape the punitive level and thus push another school down into the pit of financial pain (the performance based funding system is such that there must always be three losers).
Being pragmatic and realistic myself, I agreed with the speaker. As a state employee, I am obligated to operate within the laws imposed upon me by the state. If I find them too onerous, I can elect to leave my job and head for greener pastures. To use the obvious analogy, if I choose to play a game under a certain set of rules, I am stuck playing within those rules. Muttering complaints about them or refusing to accept their reality will do me no good (other than the dubious benefits of bitching and self-delusion). As such, as a professor I am working conscientiously to meet the imposed standards so as to protect my school and students from the punishment of the state.
To use another analogy, it is like being forced to play a rough game by a movie villain—if we do not play by his rules, he will hurt people we care about. As with most movie villain games, it is set up so that winning means making someone else lose (regardless of how well everyone does, the three lowest schools always lose out on funding). Unlike with the movie villain, I am free to leave the game—I just have to abandon my colleagues, students, job, rank and tenure. The state, I must confess, makes finding a new game more and more appealing every year.
It is important to note that my conscientious adherence to the funding game rules is in my capacity as a state employee. However, I am not just a state employee—I am also a citizen of the state. While the state has the right to command me as an employee, the authority of the state rests on my consent as a citizen. And, as a citizen, I have every right to be opposed to performance based funding and every right to take action against it. I can write essays critical of it, thanks to freedom of speech. I can also campaign against politicians who support it and cast my vote accordingly. I can fund those who would oppose this attack on education.
The laws of the state are, obviously enough, not laws of nature or laws handed down on stone tablets by God. They are but the opinions of people made into rules by the rituals of voting. Thoreau eloquently made this point in his work on civil disobedience:
…why expose yourself to this overwhelming brute force? You do not resist cold and hunger, the winds and the waves, thus obstinately; you quietly submit to a thousand similar necessities. You do not put your head into the fire. But just in proportion as I regard this as not wholly a brute force, but partly a human force, and consider that I have relations to those millions as to so many millions of men, and not of mere brute or inanimate things, I see that appeal is possible…
As Thoreau indicates, performance based funding, and any rule of the state, can be challenged—it was created by people and people can change it. As a citizen, I believe that performance based funding is harmful to the public good and, as such, I not only have a right as a citizen to oppose it I also have a moral obligation to do so. Meanwhile, as a state employee, I will be conscientiously working to ensure that FAMU meets the standards imposed by the state.
To close with an analogy, think of the public universities of Florida as ships that are under attack. Metaphorically, bombs, missiles and shells are raining down upon them, fired at the behest of an ideology opposed to this cornerstone of American democracy and economic advancement. Working within performance based funding is analogous to only repairing damage and extinguishing fire (and also to maneuver to force another ship to take the brunt of the attack). As any tactician knows, battles are not won by damage control or by letting an ally take the beating for you. Rather, they are won by taking the fight to the enemy. As such, I urge the citizens of Florida, especially students, faculty and staff, to exercise their rights as citizens to oppose the attacks on the public good of public education with their words, deeds and votes.
In philosophy, one of the classic moral debates has focused on the conflict between liberty and security. While this topic covers many issues, the main problem is determining the extent to which liberty should be sacrificed in order to gain security. There is also the practical question of whether or not the security gain is actually effective.
One of the recent versions of this debate focuses on tech companies being required to include electronic backdoors in certain software and hardware. Put in simple terms, a backdoor of this sort would allow government agencies (such as the police, FBI and NSA) to gain access even to files and hardware protected by encryption. To use an analogy, this would be like requiring that all dwellings be equipped with a special door that could be secretly opened by the government to allow access to the contents of the house.
The main argument in support of mandating such backdoors is a fairly stock one: governments need such access for criminal investigators, gathering military intelligence and (of course) to “fight terrorism.” The concern is that if there is not a backdoor, criminals and terrorists will be able to secure their data and thus prevent state agencies from undertaking surveillance or acquiring evidence.
As is so often the case with such arguments, various awful or nightmare scenarios are often presented in making the case. For example, it might be claimed that the location and shutdown codes for ticking bombs could be on an encrypted iPhone. If the NSA had a key, they could just get that information and save the day. Without the key, New York will be a radioactive crater. As another example, it might be claimed that a clever child pornographer could encrypt all his pornography, making it impossible to make the case against him, thus ensuring he will be free to pursue his misdeeds with impunity.
While this argument is not without merit, there are numerous stock counter arguments. Many of these are grounded in views of individual liberty and privacy—the basic idea being that an individual has the right to have such security against the state. These arguments are appealing to both liberals (who tend to profess to like privacy rights) and conservatives (who tend to claim to be against the intrusions of big government).
Another moral argument is grounded in the fact that the United States government has shown that it cannot be trusted. To use an analogy, imagine that agents of the state were caught sneaking into the dwellings of all citizens and going through their stuff in clear violation of the law, the constitution and basic moral rights. Then someone developed a lock that could only be opened by the person with the proper key. If the state then demanded that the lock company include a master key function to allow the state to get in whenever it wanted, the obvious response would be that the state has already shown that it cannot be trusted with such access. If the state had behaved responsibly and in accord with the laws, then it could have been trusted. But, like a guest who abused her access to a house, the state cannot and should not be trusted with a key After all, we already know what they will do.
This argument also applies to other states that have done similar things. In the case of states that are even worse in their spying on and oppression of their citizens, the moral concerns are even greater. Such backdoors would allow the North Korean, Chinese and Iranian governments to gain access to devices, while encryption would provide their citizens with some degree of protection.
The strongest moral and practical argument is grounded on the technical vulnerabilities of integrated backdoors. One way that a built-in backdoor creates vulnerability is its very existence. To use a somewhat oversimplified analogy, if thieves know that all vaults have a built in backdoor designed to allow access by the government, they will know that a vulnerability exists that can be exploited.
One counter-argument against this is that the backdoor would not be that sort of vulnerability—that is, it would not be like a weaker secret door into a vault. Rather, it would be analogous to the government having its own combination that would work on all the vaults. The vault itself would be as strong as ever; it is just that the agents of the state would be free to enter the vault when they are allowed to legally do so (or when they feel like doing so).
The obvious moral and practical concern here is that the government’s combination to the vaults (to continue with the analogy) could be stolen and used to allow criminals or enemies easy access to all the vaults. The security of such vaults would be only as good as the security the government used to protect this combination (or combinations—perhaps one for each manufacturer). As such, the security of every user depends on the state’s ability to secure its means of access to hardware and software.
The obvious problem is that governments, such as the United States, have shown that they are not very good at providing such security. From a moral standpoint, it would seem to be wrong to expect people to trust the state with such access, given the fact that the state has shown that it cannot be depended on in such matters. To use an analogy, imagine you have a friend who is very sloppy about securing his credit card numbers, keys, PINs and such—in fact, you know that his information is routinely stolen. Then imagine that this friend insists that he needs your credit card numbers, PINs and such and that he will “keep them safe.” Given his own track record, you have no reason to trust this friend nor any obligation to put yourself at risk, regardless of how much he claims that he needs the information.
One obvious counter to this analogy is that this irresponsible friend is not a good analogue to the state. The state has compulsive power that the friend lacks, so the state can use its power to force you to hand over this information.
The counter to this is that the mere fact that the state does have compulsive force does not mean that it is thus responsible—which is the key concern in regards to both the ethics of the matter and the practical aspect of the matter. That is, the burden of proof would seem to rest on those that claim there is a moral obligation to provide a clearly irresponsible party with such access.
It might then be argued that the state could improve its security and responsibility, and thus merit being trusted with such access. While this does have some appeal, there is the obvious fact that if hackers and governments knew that that the keys to the backdoors existed, they would expend considerable effort to acquire them and would, almost certainly, succeed. I can even picture the sort of headlines that would appear: “U.S. Government Hacked: Backdoor Codes Now on Sale on the Dark Web” or “Hackers Linked to China Hack Backdoor Keys; All Updated Apple and Android Devices Vulnerable!” As such, the state would not seem to have a moral right to insist on having such backdoors, given that the keys will inevitably be stolen.
At this point, the stock opening argument could be brought up again: the state needs backdoor access in order to fight crime and terrorism. There are two easy and obvious replies to this sort of argument.
The first is based in an examination of past spying, such as that done under the auspices of the Patriot Act. The evidence seems to show that this spying was completely ineffective in regards to fighting terrorism. These is no reason to think that backdoor access would change this.
The second is a utilitarian argument (which can be cast as a practical or moral argument) in which the likely harm done by having backdoor access must be weighed against the likely advantages of having such access. The consensus among those who are experts in security is that the vulnerability created by backdoors vastly exceeds the alleged gain to protecting people from criminals and terrorists.
Somewhat ironically, what is alleged to be a critical tool for fighting crime (and terrorism) would simply make cybercrime much easier by building vulnerabilities right into software and devices.
In light of the above discussion, it would seem that baked-in backdoors are morally wrong on many grounds (privacy violations, creation of needless vulnerability, etc.) and lack a practical justification. As such, they should not be required by the state.
In June, 2015 the United States Supreme Court ruled in favor of the legality of same-sex marriage. Many states had already legalized same-sex marriages and a majority of Americans think it should be legal. As such, the ruling seems to be consistent both with the constitution and with the democratic ideal of majority rule. There are, of course, those who object to the ruling.
Some claim that the court acted in a way contrary to the democratic rule by engaging in judicial activism. Not surprisingly, some of those who make this claim were fine when the court ruled in ways they liked, despite the general principles being the same (that is, the court ruling in ways contrary to what voters had decided). I certainly do see the appeal of principle and consistent arguments against the Supreme Court engaging in activism and overruling what the voters have decided and there is certainly some merit in certain arguments against the same-sex marriage decision. However, my concern here is with another avenue of dissent against the decision, namely that this ruling infringes on religious liberty.
The argument from religious liberty is certainly an interesting one. On intriguing aspect is that the argument is made in terms of religious liberty rather than the older tactic of openly attacking gay folks for alleged moral wickedness. This change of tactic seems to show a recognition that a majority of Americans accept their fellow gay Americans and that shouting “fags” at gays is no longer acceptable in polite society. As such, the tactic acknowledges a changed world. This change also represents clever rhetoric: the intent is not to deny gay folks their rights, but to protect religious liberty. Protecting liberty certainly sells better than denying rights. While protecting liberty is certainly commendable, the obvious question is whether or not the legalization of same-sex marriage infringes on religious liberty.
In general, there are two ways to infringe on a liberty. The first is by forbiddance. That is, preventing a person from exercising a freedom. For example, the liberty of free expression can be infringed by preventing a person from freely expressing her ideas. The second is by force. This is a matter of compelling a person to take action against their free choice. For example, having a law that require people to dress a certain way when they do not wish to do so. Since some people consider entitlements to fall under liberties, another way a person could have liberty infringed upon is to be denied her entitlements. For example, the liberty of education in the United States entitles children to a public education.
It is important to note that not all cases of forbidding or forcing are violations of liberties. This is because there are legitimate grounds for limiting liberties—the usual ground being the principle of harm. For example, it is not a violation of a person’s liberty to prevent him from texting death threats to his ex-wife. As another example, it is not a violation of a person’s liberty to require her to have a license to drive a car.
Given this discussion, for the legalization of same-sex marriage to impose on religious liberty would require that it wrongfully forbids religious people from engaging in religious activities, wrongfully forces religious people to engage in behavior contrary to their religion or wrongfully denies religious people entitlements connected to their religion.
The third one is the easiest and quickest to address: there does not seem to be any way that the legalization of same-sex marriage denies religious people entitlements connected to their religion. While I might have not considered all the possibilities, I will move on to the first two.
On the face of it, the legalization of same-sex marriage does not seem to wrongfully forbid religious people from engaging in religious activities. To give some examples, it does not forbid people from praying, attending religious services, saying religious things, or doing anything that they are not already free to do.
While some people have presented slippery slope “arguments” that this legalization will lead to such forbiddances, there is nothing in the ruling that indicates this or even mentions anything remotely like this. As with all such arguments, the burden of proof rests on those who claim that there will be this inevitable or probable slide. While inter-faith and inter-racial marriage are different matters, allowing these to occur was also supposed to lead to terrible things. None of these happened, which leads one to suspect that the doomsayers will be proven wrong yet again.
But, of course, if a rational case can be made linking the legalization of same-sex marriage to these violations of religious liberty, then it would be reasonable to be worried. However, the linkage seems to be a matter of psychological fear rather than logical support.
It also seems that the legalization of same-sex marriage does not force religious people to wrongfully engage in behavior contrary to their religion. While it is legal for same-sex couples to marry, this does not compel people to become gay and then gay-marry someone else who is (now) gay. Religious people are not compelled to like, approve of or even feel tolerant of same-sex marriage. They are free to dislike, disapprove, and condemn it. They are free to try to amend the Constitution to forbid same-sex marriage.
It might be argued that religious people are compelled to allow other people to engage in behavior that is against their professed religious beliefs and this is a violation of religious freedom. The easy and obvious reply is that allowing other people to engage in behavior that is against one’s religion is not a violation of one’s religious liberty. This is because religious liberty is not the liberty to impose one’s religion on others, but the liberty to practice one’s religion.
The fact that I am at liberty to eat pork and lobster is not a violation of the religious liberty of Jews and Muslims. The fact that women can go out in public with their faces exposed is not a violation of the religious liberty of Muslims. The fact that people can have religions other than Christianity is not a violation of the religious liberty of Christians. As such, the fact that same-sex couples can legally marry does not violate the religious liberty of anyone.
It might be objected that it will violate the religious liberty of some people. Some have argued that religious institutions will be compelled to perform same-sex weddings (as they might be compelled to perform inter-racial or inter-faith marriages). This, I would agree, would be a violation of their religious liberty and liberty of conscience. Private, non-commercial organizations have every right to discriminate and exclude—that is part of their right of freedom of non-association. Fortunately, the legalization of same-sex marriage does not compel such organizations to perform these marriages. If it did, I would certainly oppose that violation of religious liberty.
It might also be objected that people in government positions would be required to issue same-sex marriage licenses, perform the legal act of marrying a same-sex couple, or recognize the marriage of a same-sex couple. People at the IRS would even be compelled to process the tax forms of same-sex couples.
The conflict between conscience and authority is nothing new and philosophers have long addressed this matter. Thoreau, for example, argued that people should follow their conscience and disobey what they regard as unjust laws.
This does have considerable appeal and I certainly agree that morality trumps law in terms of what a person should do. That is, I should do what is right, even if the law requires that I do evil. This view is a necessary condition for accepting that laws can be unjust or immoral, which is certainly something I accept. Because of this, I do agree that a person whose conscience forbids her from accepting same-sex marriage has the moral right to refuse to follow the law. That said, the person should resign from her post in protest rather than simply refusing to follow the law—as an official of the state, the person does have an obligation to perform her job and must choose between keeping that job and following her conscience. Naturally, a person also has the right to try to change what she regards as an immoral law.
I have the same view in regards to people who see interracial marriage as immoral: they should follow the dictates of their conscience and not take a job that would require them to, for example, issue marriage licenses. However, their right to their liberty of conscience does not override the rights of other citizens to marry. That is, their liberty does not morally warrant denying the liberty of others.
It could be argued that same-sex marriage should be opposed because it is objectively morally wrong and that even officials should do so on this ground. This line of reason does have a certain appeal—what is objectively wrong should be opposed, even if it is the law and even by officials. For example, when slavery was legal in the United States it should have been opposed by everyone, even officials of the state. But, arguing against same-sex marriage on moral grounds is a different matter from arguing against it on the grounds that it allegedly violates religious liberty.
It could be argued that the legalization of same-sex marriage will violate the religious liberty of people in businesses such as baking wedding cakes, planning weddings, photographing weddings and selling wedding flowers.
The legalization of same-sex marriage does not, by itself, forbid businesses from refusing to do business involving a same-sex marriage. Legal protection against that sort of discrimination is another, albeit related, matter. This sort of discrimination has also been defended on the grounds of freedom of expression, which I have addressed at length in other essays.
In regards to religious liberty, a business owner certainly has the right to not sell certain products or provide certain services that go against her religion. For example, a Jewish restaurant owner has the liberty to not serve pork. A devout Christian who owns a bookstore has the liberty to not stock the scriptures of other faiths or books praising same-sex marriage. An atheist t-shirt seller has the liberty to not stock any shirts displaying religious symbols. These are all matters of religious liberty.
I would also argue that religious liberty allows business owners to refuse to create certain products or perform certain services. For example, a Muslim free-lance cartoonist has the right to refuse to draw cartoons of Muhammad. As another example, an atheist baker has the right to refuse to create a cake with a cross and quotes from scripture.
That said, religious liberty does not seem to grant a business owner the right to discriminate based on her religion. For example, a Muslim who owns a car dealership has no right to refuse to sell cars to women (or women who refuse to fully cover themselves). As another example, a militant homosexual who owns a bakery has no right to refuse to sell cakes to straight people.
Thus, it would seem that the legalization of same-sex marriage does not violate religious liberty.
After the terrorist attack on the Emanuel African Methodist Episcopal Church in Charleston, commentators hastened to weave a narrative about the murders. Some, such as folks at Fox News, Lindsay Graham and Rick Santorum, endeavored to present the attack as an assault on religious liberty. This does fit the bizarre narrative that Christians are being persecuted in a country whose population and holders of power are predominantly Christian. While the attack did take place in a church, it was a very specific church with a history connected to the struggle against slavery and racism in America. If the intended target was just a church, presumably any church would have sufficed. Naturally, it could be claimed that it just so happened that this church was selected.
The alleged killer’s own words make his motivation clear. He said that he was killing people because blacks were “raping our women” and “taking over our country.” As far as currently known, he made no remarks about being motivated by hate of religion in general or Christianity in particular. Those investigating his background found considerable evidence of racism and hatred of blacks, but evidence of hatred against Christianity seems to be absent. Given this evidence, it seems reasonable to accept that the alleged killer was there to specifically kill black people and not to kill Christians.
Some commentators also put forth the stock narrative that the alleged killer suffered from mental illness, despite there being no actual evidence of this. This, as critics have noted, is the go-to explanation when a white person engages in a mass shooting. This explanation is given some credibility because some shooters have, in fact, suffered from mental illness. However, people with mental illness (which is an incredibly broad and diverse population) are far more often the victims of violence rather than the perpetrators.
It is certainly tempting to believe that a person who could murder nine people in a church must be mentally ill. After all, one might argue, no sane person would commit such a heinous deed. An easy and obvious reply is that if mental illness is a necessary condition for committing wicked deeds, then such illness must be very common in the human population. Accepting this explanation would, on the face of it, seem to require accepting that the Nazis were all mentally ill. Moving away from the obligatory reference to Nazis, it would also entail that all violent criminals are mentally ill.
One possible counter is to simply accept that there is no evil, merely mental illness. This is an option that some do accept and some even realize and embrace the implications of this view. Accepting this view does require its consistent application: if a white man who murders nine people must be mentally ill, then an ISIS terrorist who beheads a person must also be mentally ill rather than evil. As might be suspected, the narrative of mental illness is not, in practice, consistently applied.
This view does have some potential problems. Accepting this view would seem to deny the existence of evil (or at least the sort involved with violent acts) in favor of people being mentally defective. This would also be to deny people moral agency, making humans things rather than people. However, the fact that something might appear undesirable does not make it untrue. Perhaps the world is, after all, brutalized by the mad rather than the evil.
An unsurprising narrative, put forth by Charles L. Cotton of the NRA, is that the Reverend Clementa Pickney was to blame for the deaths because he was also a state legislator “And he voted against concealed-carry. Eight of his church members who might be alive if he had expressly allowed members to carry handguns in church are dead. Innocent people died because of his position on a political issue.” While it is true that Rev. Pickney voted against a 2011 bill allowing guns to be brought into churches and day care centers, it is not true that Rev. Pickney is responsible for the deaths. The reasoning in Cotton’s claim is that if Rev. Pickney had not voted against the bill, then an armed “good guy” might have been in the church and might have been able to stop the shooter. From a moral and causal standpoint, this seems to be quite a stretch. When looking at the moral responsibility, it primarily falls on the killer. The blame can be extended beyond the killer, but the moral and causal analysis would certainly place blame on such factors as the influence of racism, the easy availability of weapons, and so on. If Cotton’s approach is accepted and broad counterfactual “what if” scenarios are considered, then the blame would seem to spread far and wide. For example, if he had been called on his racism early on and corrected by his friends or relatives, then those people might still be alive. As another example, if the state had taken a firm stand against racism by removing the Confederate flag and boldly denouncing the evils of slavery while acknowledging its legacy, perhaps those people would still be alive.
It could be countered that the only thing that will stop a bad guy with a gun is a good guy with a gun and that it is not possible to address social problems except via the application of firepower. However, this seems to be untrue.
One intriguing narrative, most recently put forth by Jeb Bush, is the idea of an unknown (or even unknowable) motivation. Speaking after the alleged killer’s expressed motivations were known (he has apparently asserted that he wanted to start a race war), Bush claimed that he did not “know what was on the mind or the heart of the man who committed these atrocious crimes.” While philosophers do recognize the problem of other minds in particular and epistemic skepticism in general, it seems unlikely that Bush has embraced philosophical skepticism. While it is true that one can never know the mind or heart of another with certainty, the evidence regarding the alleged shooter’s motivations seems to be clear—racism. To claim that it is unknown, one might think, is to deny what is obvious in the hopes of denying the broader reality of racism in America. It can be replied that there is no such broader reality of racism in America, which leads to the last narrative I will consider.
The final narrative under consideration is that such an attack is an “isolated incident” conducted by a “lone wolf.” This narrative does allow that the “lone wolf” be motivated by racism (though, of course, one need not accept that motivation). However, it denies the existence of a broader context of racism in America—such as the Confederate flag flying proudly on public land near the capital of South Carolina. Instead, the shooter is cast as an isolated hater, acting solely from his own motives and ideology. This approach allows one to avoid the absurdity of denying that the alleged shooter was motivated by racism while denying that racism is a broader problem. One obvious problem with the “isolated incident” explanation is that incidents of violence against African Americans is more systematic than isolated—as anyone who actually knows American history will attest. In regards to the “lone wolf” explanation, while it is true that the alleged shooter seems to have acted alone, he did not create the ideology that seems to have motivated the attack. While acting alone, he certainly seems to be the member of a substantial pack and that pack is still in the wild.
It can be replied that the alleged shooter was, by definition, a lone wolf (since he acted alone) and that the incident was isolated because there has not been a systematic series of attacks across the country. The lone wolf claim does certainly have appeal—the alleged shooter seems to have acted alone. However, when other terrorists attempt attacks in the United States, the narrative is that each act is part of a larger whole and not an isolated incident. In fact, some extend the blame to religion and ethnic background of the terrorist, blaming all of Islam or all Arabs for an attack.
In the past, I have argued that the acts of terrorists should not confer blame on their professed religion or ethnicity. However, I do accept that the terrorist groups (such as ISIS) that a terrorist belongs to does merit some of the blame for the acts of its members. I also accept that groups that actively try to radicalize people and motivate them to acts of terror deserve some blame for these acts. Being consistent, I certainly will not claim that all or even many white people are racists or terrorists just because the alleged shooter is white. That would be absurd. However, I do accept that some of the responsibility rests with the racist community that helped radicalize the alleged shooter to engage in his act of terror.
In the previous essay I discussed gender nominalism—the idea that gender is not a feature of reality, but a social (or individual) construct. As such, a person falling within a gender class is a matter of naming rather than a matter of having objective features. In this essay I will not argue for (or against) gender nominalism. Rather, I will be discussing gender nominalism within the context of competition.
Being a runner, I will start with competitive sports. As anyone who has run competitively knows, males and females generally compete within their own sexes. So, for example, a typical road race will (at least) have awards for the top three males and also for the top three females. While individual males and females vary greatly in their abilities, males have a general physical advantage over females when it comes to running: the best male runner is significantly better than the best female runner and average male runners are also better than average female runners.
Given that males generally have an advantage over females in regards to running (and many other physical sports), it would certainly be advantageous for a male runner if the division was based on gender (rather than biological sex) and people could simply declare their genders. That is, a male could declare himself a woman and thus be more likely to do better relative to the competition. While there are those who do accept that people have the right to gender declare at will and that others are obligated to accept this, it seems clear that this would not be morally acceptable in sports.
The intent of dividing athletes by sex is to allow for a fairer completion. This same principle, that of fairer competition, is also used to justify age groups—as older runner knows, few things slow a person down like dragging many years. Because of this, a runner could, in general, gain an advantage by making a declaration of age identity (typically older). Perhaps the person could claim that he has always been old on the inside and that to refuse to accept his age identification would be oppression. However, this would be absurd: declaring an age does not change the person’s ability to compete and would thus grant an unfair advantage. Likewise, allowing a male to compete as a woman (or girl) in virtue of gender identification would be unfair. The declaration would not, obviously, change the person’s anatomy and physiology.
There are, however, cases that are much more controversial and challenging. These include cases in which a person has undergone a change in anatomy. While these cases are important, they go beyond the intended scope of this essay, which is gender nominalism.
Some competitions do not divide the competitors by sex. These are typically competitions where the physical differences between males and females do not impact the outcome. Some examples include debate, chess, spelling bees and NASCAR. In these cases, males and females compete equally and hence the principle of fairness justifies the lack of sex divisions. Some of these competitions do have other divisions. For example, spelling bees do not normally pit elementary school students against high school students. In such competitions, gender identification would seem to be irrelevant. As such, competitors should be free to gender identify as they wish within the context of the competition.
Interestingly, there are competitions where there appear to be no sex-based advantages (in terms of physical abilities), yet there are gender divisions. There are competitions in literature, music, and acting that are divided by gender (and some are open only to one gender). There are also scholarships, fellowships and other academic awards that are open only to one gender (in the United States, these are often limited to woman).
Since being a biological male would seem to yield no advantage in such cases, the principle of fairness would not seem to apply. For example, the fact that males are generally larger and stronger would yield no advantage when it came to writing a novel, acting in a play, or playing a guitar. As such, it would seem that if people should be able to set their own gender identity, they should be able to do so for such competitions, thus enabling them to compete where they wish.
It could be argued that the principle of fairness would still apply—that biological males would still have an advantage even if they elected to identify as women for the competition. This advantage, it might be claimed, would be based in the socially constructed advantages that males possess. Naturally, it would need to be shown that a male that gender identifies as a woman for such competitions, such as getting a woman’s only scholarship, would still retain the (alleged) male advantage.
It could also be argued that the divisions are not based on a principle of fairness regarding advantages or disadvantages. Rather, the divisions are to given more people a chance of winning. This could be justified on the same grounds that justify having many categories. For example, there are awards for being the best actor in a supporting role, which exists to create another chance for an actor to win something. If a person could just gender declare and be eligible, then that would create an “imbalance”, much as allowing non-supporting actors to declare themselves supporting actors to get a shot at that award would be unfair.
Of course, this seems to assume that there is a justified distinction between the genders that would ground the claims of unfairness. That is, it would be as wrong for a male to win best actress as it would be for a female screenwriter who never acted to win best actress for her screenplay. Or that it would be as bad for a male to get a scholarship intended for a woman as it would be for a football player who cannot do math to get a math scholarship. This approach, which would involve rejecting one form of gender nominalism (the version in which the individual gets to declare gender) is certainly an option. This would not, however, require accepting that gender is not a social construct—one could still be a gender nominalist of the sort that believes that gender classification is both a matter of individual declaration and acceptance by the “relevant community.” As such, the relevant communities could police their competitions. For example, those who dole out scholarships for woman can define what it is to be a woman, so as to prevent non-woman from getting those awards. This would, of course, seem to justify similar gender policing by society as a whole, which leads to some interesting problems about who gets to define gender identity. The usual answer people give is, of course, themselves.
In February of 2015 Laura Kipnis’ essay “Sexual Paranoia Strikes Academe” was published in the Chronicle of Higher Education. Though perhaps potentially controversial in content, the essay was a rational and balanced consideration of the subject of campus codes regarding relationships between students and professors. In response to this essay, Kipnis was subjected to what she rightly calls a Title IX Inquisition.
While I will not be addressing the specifics of Kipnis’ essays, reading them caused me to consider the topic of university regulation of relations between professors and students. While the legal issues are certainly interesting, my main concern as a philosopher lies in the domain of ethics.
I will begin by getting the easy stuff out of the way. Since universities have an obligation to provide a safe environment conducive to learning, universities should have rules that forbid professors from sexually harassing students or pressuring them. Since universities also have an obligation to ensure that grades are assigned based on merit, they should also have rules that forbid exchanging goods or services (in this case, sexual services) in return for better grades. Crimes such as sexual assault and rape should be handled by the police—though universities should certainly have rules governing the employment of professors who are convicted of assaulting or raping anyone. Of course, since the professor would most likely be in prison, this would probably make continued employment rather difficult.
Somewhat less easy is the issue of whether or not universities should forbid consenting relationships between professors and students when the student is enrolled in the professor’s class or otherwise professionally under the professor (such as being an advisee, TA, or RA). There is certainly a legitimate concern about fairness. After all, if a student is sexually involved with a professor, then the student might have an unfair advantage relative to other students. I consider this to be distinct from the exchange of a grade for sexual favors—rather, this is a matter of such things as positive bias in favor of the student that results in special treatment. For example, that a professor might grade her boyfriend’s paper much easier than those of other students.
While sexual relations can lead to bias, these are not the only relations that can have this effect. A professor who is friends with a student or related to a student can be subject to bias in favor of that student (as distinct from pure nepotism in which grades are simply handed out based on the relationship). So, if the principle justifying forbidding a professor from having a student in his class he has a relation with is based on the potential for bias, then students who are friends, relatives or otherwise comparably connected to the professor would also need to forbidden.
It can be argued that there is a relevant difference between sexual relations and non-sexual relations that would justify forbidding a professor from dating a student in her class, while still allowing her to have a friend or relative as a student. Alternatively, a university could simply place a general ban on professors having students with whom they have a potentially biasing relationship—be it sexual, platonic, or a family relationship. As a general policy, this does have some appeal on the grounds of fairness. It can, however, be countered on the grounds that a professional should be able to control her bias in regards to friends and family. This, of course, opens the door to the claim that a professional should also be able to control his bias in regards to a sexual relationship. However, many people would certainly be skeptical about that—and I recall from my own graduate school days the comments students would make about students who were sexual involved with their professor or TA. Put in polite terms, they expressed their skepticism about the fairness of the grading.
My considered view is a conditional one: if a professor can maintain her objectivity, then the unfairness argument would have no weight. However, there is the legitimate concern that some (or even many) professors could not maintain such objectivity, thus making such a general rule forbidding relationships justifiable. After all, rules limiting behavior are not crafted with the best people in mind, but those that are less than the best.
The fairness argument could not, of course, be used to justify forbidding professors from dating students who are not and will not be in their classes (or otherwise under them in a professional capacity). So, for example, if an engineering professor were to date an English Literature major who will never take any of the classes she teaches, then there would seem to be no basis in regards to fairness for forbidding this relationship. Since harassment and coercive relationships should be forbidden, there would thus seem to be no grounds for forbidding such a consensual relationship between two adults. However, there are those who argue that there are grounds for a general forbiddance.
There are, of course, practical reasons to have a general forbiddance of relationships between students and professors even when there is no coercion, no harassment, and no unfairness and so on. One reason is that relationships generally fail and often fail in dramatic ways—it could be problematic for a university to have such a dramatic failure play out on campus. Another reason is that such relationships can be a legal powder keg in terms of potential lawsuits against a university—as such, university administrators probably feel that their money and brand should be protected by forbidding any such relationships.
From a moral perspective, the concern is whether there are moral grounds for forbidding such relationships (other than, of course, a utilitarian argument about the potential for brand damage).
One stock argument is that there is always a power disparity between professors and students and this entails that all relationships are potentially coercive. Even if most professors would not consciously coerce a student, rules (as noted above) are not made for the best people. As such, the blanket ban on relationships is necessary to prevent any possibility of coercive relationships between students and professors.
It might be objected that a rule against coercive relationships would suffice and that if the professor has no professional relationship with the student, then they should be treated as adults. After all, the professor would seem to have no power at all over the student and coercion via professional position would not be a possibility. So, they should be free to have a relationship despite the worries of the “nanny” university.
It could be countered that a professor always has power over a student in virtue of being a professor—even when the professor has no professional relationship to the student. While a professor might have some “power” in regards to being older (usually), having some status, having more income (usually), and so on, these do not seem to be distinct from the “power” anyone could have over anyone else. That is, there seems to be nothing specific to being a professor that would give the professor power over the student that would make the relationship automatically coercive. As such, there would seem to be no grounds for forbidding the relationship.
It could be objected that students are vulnerable to the power of professors and lack the autonomy needed to resist this power. As such, the university must act in a paternalistic way and forbid all relationships—so as to protect the guileless, naïve and completely powerless students from the cunning, powerful predatory professors. This would be analogous to the laws that protect minors from adults—the minors cannot give informed consent. If college students are similarly vulnerable to professors, then the same sort of rule applies. Of course, if students are so vulnerable, then there should certainly be a reconsideration of the age of consent—increasing it to 23 might suffice. Then again, many students take six years to graduate, so perhaps it should be 24. There are also graduate students, so perhaps it should be extended to 30. Or even more—after all, a student could go to school at almost any age.
Unless it is assumed that students are powerless victims and professors are powerful predators, then a blanket ban on relationships seems morally unwarranted—at least on the grounds of forbidding relationships because of an assumption of coercion. However, there are other moral grounds for such rules—for example, a case can be made that dating students would be a violation of professionalism (on par with dating co-workers or clients). While the effect would be the same, the justification does seem to matter.
While casting Democrats as wanting to impose the power of big government, the Republicans profess to favor small government and local control. However, as J.S. Mill noted, people rarely operate on the basis of consistently applied principles regarding what the state should or should not do. As such, it is hardly surprising that Republicans are for local control, except when the locals are not doing what they want. Then they are often quite willing to use the power of the state against local government. One recent and clear example of this is the passage of laws in states such as Oklahoma and Texas that effectively forbid local governments from passing laws aimed at restricting fracking.
Even in oil industry friendly states such as Oklahoma, there have been attempts by local governments to impose restrictions on fracking. As might be imagined, having a fracking operation right next door tends to be disruptive—the lights, noise, heavy truck traffic and contamination are all concerns. In Oklahoma there is also the added concern of earthquakes that have been causally linked to disposal wells. Since places that did not have earthquakes before the wells were dug generally do not have earthquake resistant structures, these new quakes can pose threats to property and public safety.
In general, local governments have stepped in because the local people believed that the state government was not doing enough to protect the well-being of the local citizens. In general, state legislatures tend to be very friendly with the oil and gas industry—in part because they tend to make up a significant proportion of the economy of many states. While lobbying state legislatures is not cheap, it is obviously more cost effective to have the state legislatures pass laws forbidding local governments from acting contrary to the interests of the oil and gas industry. Otherwise, the industry would need to influence (or purchase) all the local governments and this would costly and time consuming.
Since I favor individual autonomy, it is hardly surprising that I also favor local autonomy. As such, I regard these laws to be wrong. However, considering arguments for and against them is certainly worthwhile.
One obvious set of arguments to deploy against these laws are all the general arguments that Republicans advance in favor of local control when the locals are doing what Republicans want them to do. After all, if these arguments adequately show that local control is good and desirable, then these arguments should apply to this situation as well. But, as noted above, the “principle” most follow is that people should do what they want and not do what they do not want them to do. Consistency is thus rather rare—and almost unseen when it comes to politics.
One argument in favor of having the state impose on the local governments is based on the fact that having a patchwork of laws is problematic. The flip side of this is, obviously, that having a consistent set of laws across the state (and presumably the entire country) is generally a good thing.
In the case of the regulation of the oil and gas industry, the argument rests on the claim that having all these different local laws would be confusing and costly—it is better to have laws for the industry that cover the entire state (and, to follow the logic, the entire country…or world). Interestingly, when the EPA advanced a similar argument for regulating water, the Republicans rushed to attack. Once again, this is hardly a shock: the patchwork argument is not applied consistently, just when a party wants to prevent local control.
Applied consistently, the patchwork argument certainly has its appeal. After all, it is true that having laws vary with each locality can be rather confusing and can have some negative consequences. For example, if the color of traffic lights was set by localities and some decided to go with different colors, then there would be problems. As another example, if some local governments refused to recognize same sex-marriage when it is legal in the state, this could lead to various legal problems (such as inheritance issues or hospital visitation rights). As such, there seem to be good reasons to have a unified set of laws rather than a patchwork.
That said, it can be argued that the difficulties of the patchwork can be outweighed by other factors. In general terms, one can always apply a utilitarian argument. If it can be shown that allowing local autonomy on a matter creates more good than the harm created by having a patchwork of laws, then that would be an argument in favor of local autonomy in this matter. In the case of local control of the gas and oil industry, this would be a matter of weighing the harms and the benefits to all those involved (and not just the oil and gas industry shareholders). I am inclined to think that allowing local control would create more good than harm, but I could be wrong about this. Perhaps the benefits to the state as a whole outweigh the damage done locally—that is, the few must sacrifice for the many (albeit against their will). But perhaps the many are suffering for the few stockholders, which would seem to be wrong.
Another moral argument worth considering is the matter of property rights. In the case of fracking, the oil and gas companies do own the mineral rights. As such, they do have legitimate property rights to the resources located under the property in question. However, the people who own the property above the minerals also have rights. These presumably include a right to safety from environmental contamination, a right to not have their property values degraded, a right to a certain quality of life in regards to noise and light, and so on for other rights. The moral challenge is, obviously enough, balancing these rights against each other. Working this out is, in the practical sense, a matter of politics.
Since local governments tend to be more responsive to locals than the state government, it could be argued that they would be biased against the oil and gas industry and hence this matter should be settled by the state to avoid an unfair resolution. However, it can be argued that state governments are often influenced (or owned) by the oil and gas industry. This would seem to point towards the need for federal regulation of the matter (assuming that the federal government is more objective)—which is something that Republicans tend to oppose, despite it being the logical conclusion of their argument against local control. Interesting, arguments advanced to claim that the federal government should not impose on the local control of the states would seem to apply to the local government. That is, if the federal government should not be imposing on the states, then the states should not be imposing on the local governments.
A federal appeals court ruled in May, 2015 that the NSA’s bulk collection of domestic calling data is illegal. While such bulk data collection would strike many as blatantly unconstitutional, this matter has not been addressed, though that is perhaps just a matter of time. My intent is to address the general issue of bulk domestic data collection by the state in a principled way.
When it comes to the state (or, more accurately, the people who compose the state) using its compulsive force against its citizens, there are three main areas of concern: practicality, morality and legality. I will addressing this matter within the context of the state using its power to impose on the rights and liberties of the citizens for the purported purpose of protecting them. This is, of course, the stock problem of liberty versus security.
In the case of practicality, the main question is whether or not the law, policy or process is effective in achieving its goals. This, obviously, needs to be balanced against the practical costs in terms of such things as time and resources (such as money).
In the United States, this illegal bulk data collection has been going on for years. To date, there seems to be but one public claim of success involving the program, which certainly indicates that the program is not effective. When the cost of the program is considered, the level of failure is appalling.
In defense of the program, some proponents have claimed that there have been many successes, but these cannot be reported because they must be kept secret. In fairness, it is certainly worth considering that there have been such secret successes that must remain secret for security reasons. However, this defense can easily be countered.
In order to accept this alleged secret evidence, those making the claim that it exists would need to be trustworthy. However, those making the claim have a vested interest in this matter, which certainly lowers their credibility. To use an analogy, if I was receiving huge sums of money for a special teaching program and could only show one success, but said there were many secret successes, you would certainly be wise to be skeptical of my claims. There is also the fact that thanks to Snowden, it is known that the people involved have no compunctions about lying about this matter, which certainly lowers their credibility.
One obvious solution would be for credible, trusted people with security clearance to be provided with the secret evidence. These people could then speak in defense of the bulk data collection without mentioning the secret specifics. Of course, given that everyone knows about the bulk data collection, it is not clear what relevant secrets could remain that the public simply cannot know about (except, perhaps, the secret that the program does not work).
Given the available evidence, the reasonable conclusion is that the bulk data collection is ineffective. While it is possible that there is some secret evidence, there is no compelling reason to believe this claim, given the lack of credibility on the part of those making this claim. This alone would suffice as grounds for ceasing this wasteful and ineffective approach.
In the case of morality, there are two main stock approaches. The first is a utilitarian approach in which the harms of achieving the security are weighed against the benefits provided by the security. The basic idea is that the state is warranted in infringing on the rights and liberties of the citizens on the condition that the imposition is outweighed by the wellbeing gained by the citizens—either in terms of positive gains or harms avoided. This principle applies beyond matters of security. For example, people justify such things as government mandated health care and limits on soda sizes on the same grounds that others justify domestic spying: these things are supposed to protect citizens.
Bulk data collection is, obviously enough, an imposition on the moral right to privacy—though it could be argued that this harm is fairly minimal. There are, of course, also the practical costs in terms of resources that could be used elsewhere, such as in health care or other security programs. Weighing the one alleged success against these costs, it seems evident that the bulk data collection is immoral on utilitarian grounds—it does not do enough good to outweigh its moral cost.
Another stock approach to such matters is to forgo utilitarianism and argue the ethics in another manner, such as appealing to rights. In the case of bulk data collection, it can be argued that it violates the right to privacy and is thus wrong—its success or failure in practical terms is irrelevant. In the United States people often argue this way when it comes to gun rights—the right outweighs utilitarian considerations about the well-being of the public.
Rights are, of course, not absolute—everyone knows the example of how the right to free expression does not warrant slander or yelling “fire” in a crowded theater when there is no fire. So, it could be argued that the right of privacy can be imposed upon. Many stock arguments exist to justify such impositions and these typical rest either on utilitarian arguments or arguments showing that the right to privacy does not apply. For example, it is commonly argued that criminals lack a right to privacy in regards to their wicked deeds—that is, there is no moral right to secrecy in order to conceal immoral deeds. While these arguments can be used to morally justify collecting data from specific suspects, they do not seem to justify bulk data collection—unless it can be shown that all Americans have forfeited their right to privacy.
It would thus seem that the bulk data collection cannot be justified on moral grounds. As a general rule, I favor the view that there is a presumption in favor of the citizen: the state needs a moral justification to impose on the citizen and it should not be assumed the state has a right to act unless the citizen can prove differently. This is, obviously enough, analogous to the presumption of innocence in the American legal system.
In regards to the legality of the matter, the specific law in question has been addressed. In terms of bulk data collection in general, the answer seems quite obvious. While I am obviously not a constitutional scholar, bulk data collection seems to be a clear and egregious violation of the 4th Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The easy and obvious counter is to point out that I, as I said, am not a constitutional scholar or even a lawyer. As such, my assessment of the 4th Amendment is lacking the needed professional authority. This is, of course, true—which is why this matter needs to be addressed by the Supreme Court.
In sum, there seems to be no practical, moral or legal justification for such bulk data collection by the state and hence it should not be permitted. This is my position as a philosopher and the 2016 Uncandidate.
After the financial class melted down the world economy, local governments faced an obvious reduction in their revenues. As the economy recovered under a Democrat President, the Republicans held onto or gained power in many state governments, such as my own adopted state of Florida. With laudable consistency with their professed ideology, Republicans routinely cut taxes for businesses, the well off and sometimes even almost everyone. While the theory seems to be that cutting taxes will increase the revenue for state and local governments, shockingly the opposite seems to happen: state and local governments find themselves running short of funds needed to meet the expenses of actually operating a civilization.
Being resourceful, local leaders seek other revenue streams in order to pay the bills. While cities like Ferguson provide well-known examples of a common “solution”, many cities and towns have embraced the practice of law-enforcement as revenue stream. While the general practice of getting revenue from law enforcement is nothing new, the extent to which some local governments rely on it is rather shocking. How the system works is also often shocking—it often amounts to a shakedown system one would expect to see in a corrupt country unfamiliar with the rule of law or the rights of citizens.
Since Ferguson, where Michael Brown was shot on August 9, 2014, has been the subject of extensive study, I will use the statistics from that town. Unfortunately, Ferguson does not appear to be unique or even unusual.
In 2013, Ferguson’s court dealt with 12,108 cases and 24,532 warrants. This works out to an average of 1.5 cases and 3 warrants per household in Ferguson. The fines and court fees that year totaled $2,635,400—making the municipal court the second largest revenue stream.
It would certainly be one thing if these numbers were the result of the legitimate workings of the machinery of justice. That is, if the cases and warrants were proportional to the actual crimes being committed and that justice was being dispensed fairly. That is, the justice was just.
One point of concern that has been widely addressed in the national media is that the legal system seems to disproportionally target blacks. In Ferguson, as in many places, the majority of the cases handled by the court arise from car stops. Ferguson is 29% white, but whites make up only 12.7% of those stopped. When a person is stopped, a black citizen will be searched 12.1% of the time, while a white citizen will be searched 6.9% of the time. In terms of arrest, a black citizen was arrested 10.4% of the time and a white citizen was arrested 5.2% of the time.
One stock reply to such figures is the claim that blacks commit more crimes than whites. If it were true that blacks were being arrested in proportion to the rate at which they were committing crimes, then this would be (on the face of it) fair. However, this does not seem to be the case. Interesting, even though blacks were more likely to be searched, the police discovered contraband 21.7% of the time. Whites who were searched were found with contraband 34.0% of the time. Also, 93% of those arrested in Ferguson were black. While certainly not impossible, it seems somewhat odd that 93% of the crime committed in the city was committed by black citizens.
Naturally, these numbers can be talked around or even explained away. It could be argued that blacks are not being targeted as a specific source of revenue and the arrest rates are proportional and just. This still leaves the matter of how the legal system operates in terms of being focused on revenue.
Laying aside all talk of race, Ferguson stands out as an example of how law enforcement can turn into a collection system. One key component is, of course, having a system of high fines. For example, Ferguson had a $531 fine for high grass and weeds, $792 for Failure to Obey, $527 for Failure to Comply, $427 for a Peace Disturbance violation, and so on.
If a person can pay, then the person is not arrested. But, if a person cannot afford the fine, then an arrest warrant is issued—this is the second part of the system. The city issued 32,975 arrest warrants for minor offenses in 2013—and the city has a population of 21,000 people.
After a person is arrested, she faces even more fees, such the obvious court fees and these can quickly pile up. For example, a person might get a $150 parking ticket that she cannot pay. She is then arrested and subject to more fees and more charges. This initial ticket might grow to a debt of almost$1,000 to the city. Given that the people who tend to be targeted are poor, it is likely they will not be able to pay the initial ticket. They will then be arrested, which could cost them their job, thus make them unable to pay their court fees. This could easily spiral into a court inflicted cycle of poverty and debt. This, obviously enough, is not what the legal system is supposed to do.
From a moral standpoint, one main problem with using this sort of law enforcement as a revenue stream is the damage it does to the citizens who cannot afford the fines and fees. As noted in the example above, a person could find her life ruined by a single parking ticket. The point of law enforcement in a just society is to protect the citizens from harm, not ruin them.
A second point of moral concern is that this sort of system is racketeering—it puts forth a threat of arrest and court fees, and then offers “protection” from that threat in return for a fee. That is, citizens are threatened to buy their way out of a greater harm. This is hardly justice. If it was practice by anyone else, it would be criminal racketeering and a protection scheme.
A third point of moral concern is that the system of exploiting the citizens by force and threat of force damages the fundamental relation between the citizen and the democratic state. In feudal states and in the domains of warlords, one expects the thugs of the warlords to shake down the peasants. However, that sort of thing is contrary to the nature of a democratic state. As happened during the revolts against feudalism and warlords, people will rise up against such oppression—and this is to be expected. Robin Hood is, after all, the hero and the Sheriff of Nottingham is the villain.
This is not to say that there should not be fines, penalties and punishments. However, they should be proportional to the offenses, they should be fairly applied, and should be aimed at protecting the citizens, not filling the coffers of the kingdom. As a final point, we should certainly not be cutting the taxes of the well off and then slamming the poor with the cost of doing so. That is certainly unjust and will, intended or not, result in dire social consequences.