A Philosopher's Blog

Who is Responsible for a Living Income?

Posted in Business, Ethics, Law, Philosophy, Politics by Michael LaBossiere on April 24, 2015

There is, obviously enough, a minimum amount of income that a person or family needs in order to survive—that is, to pay for necessities such as food, shelter, clothing and health care. In order to address this need, the United States created a minimum wage. However, this wage has not kept up with the cost of living and many Americans simply do not earn enough to support themselves. These people are known, appropriately enough, as the working poor. This situation raises an obvious moral and practical question: who should bear the cost of making up the difference between the minimum wage and a living wage? The two main options seem to be the employers or the taxpayers. That is, either employers can pay employees enough to live on or the taxpayers will need to pick up the tab. Another alternative is to simply not make up the difference and allow people to try to survive in truly desperate poverty. In regards to who currently makes up the difference, at least in Oregon, the answer is given in the University of Oregon’s report on “The High Cost of Low Wages in Oregon.”

According to the report, roughly a quarter of the workers in Oregon make no more than $12 per hour. Because of this low income, many of the workers qualify for public assistance, such as SNAP (better known as food stamps). Not surprisingly, many of these low-paid workers are employed by large, highly profitable corporations.

According to Raahi Reddy, a faculty member at the University of Oregon, “Basically state and taxpayers are we helping these families subsidize their incomes because they get low wages working for the companies that they do.” As such, the answer is that the taxpayers are making up the difference between wages and living wages. Interestingly, Oregon is a leader in two categories: one is the percentage of workers on public support and the other is having among the lowest corporate tax rates. This certainly suggests that the burden falls heavily on the workers who are not on public support (both in and outside of Oregon).

The authors of the report have recommended shifting some of the burden from the taxpayers to the employers in the form of an increased minimum wage and paid sick leave for workers. Not surprisingly, increasing worker compensation is generally not popular with corporations. After all, more for the workers means less for the CEO and the shareholders.

Assuming that workers should receive enough resources to survive, the moral concern is whether or not this cost should be shifted from the taxpayers to the employers or remain on the taxpayers.

One argument in favor of leaving the burden on the taxpayers is that it is not the moral responsibility of the corporations to pay a living wage. Their moral obligation is not to the workers but to the shareholders and this obligation is to maximize profits (presumably within the limits of the law).

One possible response to this is that businesses are part of civil society and this includes moral obligations to all members of that society and not just the shareholders. These obligations, it could be contended, include providing at least a living wage to full time employees. It, one might argue, be more just that the employer pay a living wage to the workers from the profits the worker generates than it is to expect the taxpayer to make up the difference. After all, the taxpayers are not profiting from the labor of the workers, so they would be subsidizing the profits of the employers by allowing them to pay workers less. Forcing the tax payers to make up the difference certainly seems to be unjust and appears to be robbing the citizens to fatten the coffers of the companies.

It could be countered that requiring a living wage could destroy a company, thus putting the workers into a worse situation—that is, being unemployed rather than merely underpaid. This is a legitimate concern—at least for businesses that would, in fact, be unable to survive if they paid a living wage. However, this argument would obviously not work for business, such as Walmart, that have extremely robust profit margins. It might be claimed that there must be one standard for all businesses, be they a tiny bookstore that is barely staying afloat or a megacorporation that hands out millions in bonuses to the management. The obvious reply is that there are already a multitude of standards that apply to different businesses based on the differences between them—and some of these are even reasonable and morally acceptable.

Another line of argumentation is to attempt to show that there is, in fact, no obligation at all to ensure that citizens have a living income. In this case, the employers would obviously have no obligation. The taxpayers would also not have any obligation, but they could elect lawmakers to pass laws authorizing that tax dollars be spent supporting the poor. That is, the tax payers could chose to provide charity to the poor. This is not obligatory, but merely a nice thing to do. Some business could, of course, also choose to be nice—they could pay all their full time workers at least a living wage. But this should, one might argue, be entirely a matter of choice.

Some folks would, of course, want to take this even further—if assisting other citizens to have a living income is a matter of choice and not an obligation arising from being part of a civil society (or a more basic moral foundation), then tax dollars should not be used to assist those who make less than a living wage. Rather, this should be a matter of voluntary charity—everyone should be free to decide where their money goes. Naturally, consistency would seem to require that this principle of free choice be extended beyond just assisting the poor.  After all, free choice would seem to entail that people should decide as individuals whether to contribute to the salaries of members of the legislatures, to the cost of wars, to subsidies to corporations, to the CDC, to the CIA, to the FBI and so on. This does, obviously enough, have some appeal—the state would operate like a collection of charity recipients, getting whatever money people wished to contribute. The only major downside is that it would probably result in the collapse of civil society.

 

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A Shooting in South Carolina

Posted in Ethics, Law, Philosophy, Politics, Race by Michael LaBossiere on April 15, 2015

While the police are supposed to protect and serve, recent incidents have raised grave concerns about policing in America. I am, of course, referring to the killing of unarmed black men by white police officers. In the most recent incident Patrolman Michael Thomas Slager shot Walter Lamer Scott to death after what should have been a routine traffic stop. What makes this case unusual is that there is video of the shooting. While the video does not show what happened before Scott started to flee, it clearly shows that Scott is no threat to Slager: he is unarmed and running away. Police are not allowed to shoot a suspect merely for fleeing. The video also show Slager dropping an object by Scott’s body—it appears to be Slager’s Taser. When Slager called in the incident, he described it as a justifiable shooting: Scott grabbed his Taser and he had to use his service weapon. Obviously Slager was unaware that he was being recorded as he shot the fleeing Scott.

Since I am friends with people who are ex-law enforcement (retired or moved on to other careers) I have reason to believe that the majority of officers would not engage in such behavior. As such, I will not engage in a sweeping condemnation of police—this would be both unjust and unfounded. However, this incident does raise many concerns about policing in the United States.

As noted above, what makes this incident unusual is not that a situation involving a black man and white officer escalated. It is also not very unusual that a black man was shot by a police officer. What is unusual is that the incident was videotaped and this allowed the public to see what really happened—as opposed to what was claimed by the officer. If the incident had not been recorded, this most likely would have gone down as the all-too-common scenario of a suspect attacking a police officer and being shot in self-defense. The tape, however, has transformed it from the usual to the unusual: a police officer being charged with murder for shooting a suspect.

Since I teach critical thinking, I am well aware that the story of one incident, however vivid, is but an anecdote. I am also well aware that to generalize broadly from one such incident is to commit the fallacy of hasty generalization. That said, the videotape does provide legitimate grounds for being suspicious of other incidents in which suspects have been shot while (allegedly) trying to attack an officer. Since we know that it has happened, we clearly know that it can happen. The obvious and rather important concern is the extent to which this sort of thing has happened. That is, what needs to be determined is the extent to which officers have engaged in legitimate self-defense and to what extent have officers engaged in murder.

This videotape shows, rather dramatically, that requiring police to use body cameras is a good idea—at least from the standpoint of those who believe in justice. People are, obviously enough somewhat less likely to act badly if they know they are being recorded. There is also the fact that there would be clear evidence of any misdeeds. The cameras would also benefit officers: such video evidence would also show when the use of force was legitimate, thus helping to reduce suspicions. As it stands, we know that at least one police officer shot down a fleeing suspect who presented no threat. This, naturally enough, motivates suspicion about all shootings (and rightly so). The regular use of body cameras could be one small contribution to addressing legitimate questions about use of force incidents.

What is also usual about this incident is that there has been a focus on the fact that Scott had a criminal record and legal troubles involving child support. This is presumably intended to show that Scott was no angel and perhaps to suggest that the shooting was, in some manner, justified. Or, at the very least, not as bad as one might think. After all, the person killed was a criminal, right? However, Scott’s background has no relevance in this incident: his having legal troubles in the past in no manner justifies the shooting.

What was also usual was the reaction of Bill O’Reilly and some of the other fine folks at Fox, which I learned about from Professor Don Hubin’s reaction and criticism. Rather than focusing on the awfulness of the killing and what it suggests about other similar incidents, O’Reilly’s main worry seems to be that some people might use the killing to “further inflame racial tensions” and he adds that “there doesn’t seem to be, as some would have you believe, that police are trying to hunt down black men and take their lives.” While this is not a claim that has been seriously put forth, O’Reilly endeavors to “prove” his claim by engaging in a clever misleading comparison. He notes that “In 2012, last stats available, 123 blacks were killed by police 326 whites were killed.” While this shows that police kill more whites than blacks, the comparison is misleading because O’Reilly leaves out a critical piece of information: the population is about 77% white and about 13% black. This, obviously enough, sheds a rather different light on O’Reilly’s statistics: they are accurate, yet misleading.

Naturally, it might be countered that blacks commit more crimes than whites and thus it is no surprise that they get shot more often (when adjusting for inflation) than whites. After all, one might point out, Scott did have a criminal record. This reply has a certain irony to it. After all, people who claim that blacks are arrested (and shot) at a disproportionate level claim that the police are more likely to arrest blacks than whites and focus more on policing blacks. As evidence that blacks commit more crimes, people point to the fact that blacks are more likely (adjusting for proportions) than whites to be arrested. While one would obviously expect more blacks to be arrested in they committed more crimes (proportionally), to assume what is in doubt (that policing is fair) as evidence that it should not be doubted seems to involve reasoning in a circle.

O’Reilly also raised a stock defense for when bad thing are done: “You can’t … you can’t be a perfect system. There are going to be bad police officers; they’re going to make mistakes; um .. and then the mistakes are going to be on national television.” O’Reilly engages in what seems to be a perfectionist fallacy: the system cannot be perfect (which is true), therefore (it seems) we should not overly concerned that this could be evidence of systematic problems. Or perhaps he just means that in an imperfect system one must expect mistakes such as an officer shooting a fleeing suspect to death. O’Reilly also seems rather concerned that the mistakes will be on television—perhaps his concern is, as I myself noted, that people will fall victim to a hasty generalization from the misleading vividness of the incident. That would be a fair point. However, the message O’Reilly seems to be conveying is that this incident is (as per the usual Fox line) an isolated one that does not indicate a systemic problem. Despite the fact that these “isolated” incidents happen with terrible regularity.

I will close by noting that my objective is not to attack the police. Rather, my concern is that the justice system is just—that is rather important to me. It should also be important to all Americans—after all, most of us pledged allegiance to a nation that offers liberty and justice to all.

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Is Baking a Gay Wedding Cake an Endorsement of Same Sex Marriage?

Posted in Ethics, Law, Philosophy, Politics, Religion by Michael LaBossiere on April 10, 2015

Indiana’s version of the Religious Freedom Restoration Act set off a firestorm of controversy. Opponents of the law contended that it would legalize discrimination while some proponents argued that it would do no such thing. Some proponents contended that it would allow people and businesses to refuse certain services to homosexuals, but that this should not be considered discrimination but a matter of freedom of expression. This approach is both interesting and well worth considering.

In the United States, freedom of expression is a legally protected right. More importantly, from a philosophical perspective, it is also a well-supported moral right. As such, an appeal to freedom of expression can be a useful defense.

In the case of the Religious Freedom Restoration Act, the argument from freedom of expression would certainly not work in regards to justifying general discrimination in regards to goods and services. For example, the owner of a pizzeria would be hard pressed to claim that not being allowed to refuse service to a person just because she is gay violates his freedom of expression. However, freedom of expression might be applicable in certain cases.

While the freedom of expression is typically presented as a right against being silenced, it also provides the right not to be compelled to express views (specifically views that one does not hold or that one opposes). The right to not be compelled in one’s expression would thus seem to give a person a moral (and a legal) right to refuse certain services.

This line of reasoning does have considerable appeal. For example, I operate a writing business—I write books to be sold and I do freelance work. I obviously have no moral right to refuse business from someone just because she is gay, Jewish, Christian, or a non-runner. However, my writing is clearly an act of expression. As such, my freedom of expression grants me a clear moral right to refuse to write a tract endorsing Nazism or one advocating hatred of Christians. I also design book covers and do some graphic work (graphic as in visual, not as in adult content). Since these are clearly expressions, I would have the moral right to refuse to do a book cover for book expressing ideas I regard as morally wrong, such as eliminating religious freedom in favor of enforced atheism. This is because the creation of such work entails a clear endorsement and expression of the ideas. If I write a tract in favor of white supremacy, I am unambiguously expressing my support of the idea. If I knowingly do a cover for a book on white supremacy, then it would be reasonable to infer I agreed with the ideas. In such cases, an appeal to freedom of expression would seem quite relevant and reasonable.

Obviously, an author or cover designer who believes that her religion condemns same-sex marriage as wickedness would also be protected by the freedom of expression from being required to express views she does not hold. If a LGBT group approached her and offered her a fat stack of cash to pen a piece in favor of gay marriage, she would have the moral right to reject their offer. After all, they have no moral right to expect her to express views she does not hold, even for fat stacks of cash.

In contrast, I could not use freedom of expression as a reason to not sell one of my books or works to a person. For example, freedom of expression does not grant me the right to forbid Amazon from selling my books to Nazis, racists, intolerant atheists, or non-runners. After all, selling a book to a person is not an endorsement of that person’s ideas. I do not endorse intolerant atheism just because an intolerant atheist can buy my book.

Likewise, the author who believes her religion condemns same-sex marriage as wickedness could not use freedom of expression to demand that Amazon not sell her books to homosexuals. While buying a book might suggest agreement with the author (but it obviously does not entail it—I have plenty of philosophy books whose contents I regard as being in error), it does not suggest that the author is endorsing the purchaser. So, if a gay person buys the author’s anti-same-sex marriage book, it does not mean that the author is endorsing same-sex marriage.

Not surprisingly, no one has claimed that religious freedom acts are needed to protect Christian writers from being forced to write pro-gay works. However, it has been argued that the acts are needed to protect the freedom of expression for people such as caterers, bakers, and photographers.

The argument is that catering a wedding, baking a wedding cake, doing a wedding or engagement photo shoot and similar things are expressions and are thus covered by the right to freedom of expression.

Obviously enough, if these activities are expressions analogous to the paradigm cases of speech and writing, then the freedom of expression does protect them. As such, the key question is whether or not such actions are acts of expression such that engaging in them in relation to a same-sex wedding would express an endorsement of same-sex marriage.

To get the obvious out of the way, refusing to cater, photograph or bake a cake for a wedding because the people involved were Jewish, black, Christian, white, or Canadian would clearly be discrimination. If the person refusing to do so said that baking a cake for a Jew endorsed Judaism, that catering a black wedding endorsed blackness, or that photographing Canadians being married was an endorsement of Canada, she would be regarded as either joking or crazy.  But perhaps a case could be made that catering, baking and photographing are expressions of agreement or endorsement.

On the face of it, catering food for a wedding would not seem to be expressing approval or agreement with the wedding, regardless of what sort of wedding it might be. Selling someone food would seem to be like selling them a book—their buying it says nothing about what I endorse or believe. When the pizza delivery person arrives with a pizza when I am playing Pathfinder, I do not say “aha, Dominoes endorses role-playing games!” After all, they are just selling me pizza.

In the case of the wedding cake, it could be argued that it is a specific sort of cake and creating one does express an endorsement. By this reasoning, a birthday cake would entail an endorsement of the person’s birth and continued existence, a congratulations cake would entail an endorsement of that person’s achievement and so on for all the various cakes.  This, obviously enough, seems implausible. Making me a birthday cake does not show that Publix endorses my birth or continued existence. They are just selling me a cake. Likewise, selling a person a wedding cake does not entail approval of the wedding. Obviously enough, if a baker sells a wedding cake to a person who has committed adultery, this does not entail her approval of adultery.

It could be argued that bakers have the right to refuse a specific design or message on the cake. For example, a Jewish baker could claim that he has the right to refuse to create a Nazi cake with swastikas and Nazi slogans. This seems reasonable—a baker, like a writer, should not be compelled to create content she does not wish to express. Given this principle, a baker could refuse to bake a sexually explicit wedding cake or one festooned with gay pride slogans and condemnations of straight “breeders.” However, creating a plain wedding cake is not the expression of ideas and would be on par with selling a person a book rather than being forced to write specific content. By analogy, I cannot refuse to sell a book to a person because he is an intolerant atheist, but I can refuse contract to write in support of that view.

Since photography is a form of art (at least in some cases), it is certainly reasonable to regard it is a form of artistic expression. On this ground it is reasonable to accept that photography is protected by the freedom of expression. The key issue here is whether taking pictures commercially is like writing words—that is, photographing something is an endorsement of the activity or if it is like selling a book, which is merely selling a product and not an endorsement.

On the face of it, commercial photography would seem to be like selling a book. A person who is paid to cover a war or a disaster is not taken to be endorsing the war or the disaster. One would not say that because a person took a photo of a soldier shooting a civilian that he endorse that activity. Likewise, a person photographing a wedding is not endorsing the wedding—she is merely recording the event. For money.

It might be countered that a wedding photographer is different from other commercial photographers—she is involved in the process and her involvement is an expression of approval. But, of course, commercial photographers who take photos at sports events, political events, protests and such are also involved in the process—they are there, taking pictures. However, a photographer hired to take pictures of Hilary Clinton does not thus express her support (or vote) for Hilary. She is just taking pictures.  Fox News, after all, takes video and photos of Hilary Clinton, but they do not thereby endorse Hilary. As such, the freedom of expression would not seem to grant a commercial photographer the right to refuse to photograph a same-sex wedding on the basis of an appeal to freedom of expression since taking photos does not involve endorsing the subject.

That said, another approach would be to argue that while taking a photo of an event does not entail endorsement of the event, an artist cannot be compelled to create a work of art that she does not wish to create. Since a photograph is art, a wedding photographer cannot be compelled to create an image of a same-sex wedding, just as a writer cannot be justly compelled to write a certain sort of book. This certainly has considerable appeal. After all, a photographer would seem to have every right to refuse to take photos of a wedding orgy or even of a tastefully nude wedding on the basis of the content.

Of course, this would also seem to allow commercial wedding photographers to refuse to take photos of blacks, Christians, Jews, or anything on the grounds that she does not want to create, for example, a photographic work including crosses or black people. So, consistency would seem to require that if wedding photographers can refuse to serve gay clients on the basis of artistic content, then a wedding photographer could refuse anyone on the same grounds. Thus, wedding photographers should be permitted to have “whites only”, “straights only” or “gays only” signs on their business. For artistic reasons, of course. This does seem a bit problematic in regards to commercial wedding photographers.

 

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Should there be a waiting period for abortion?

Posted in Ethics, Law, Philosophy, Politics by Michael LaBossiere on April 8, 2015

The Florida state legislature is considering bills that will require a woman seeking an abortion to wait 24 hours and make two face-to-face visits to her doctor before she can have the abortion. Opponents of this bill claim that is yet another attack on the rights of women. Proponents of the bill claim that the state mandated waiting period is reasonable and will permit women to be informed about the risks of abortion and the condition of the fetus. Twenty-six other states have waiting periods, some as long as 72 hours. While the legal aspects of these bills are of considerable interest, I will focus primarily on the moral aspects of the waiting period and the two-visit requirement.

One proponent of the bill, Julie Costas, said that she had an abortion thirty years ago and that she now regrets the decision. Her main argument for the bill is that, counterfactually, she might have changed her mind if she had received more information (thus supporting the two-visit requirement) and if she had to wait 24 hours (thus supporting the 24 hour requirement). This sort of argument can be made into a moral argument in favor of the bill. By the state imposing the two-visit requirement and the 24 hour waiting, there is a chance that some women might change their minds about having an abortion which they might later regret having. In terms of the moral aspect, the appeal is that the requirements might prevent a later harm (that inflicted by the regret) to a woman. Naturally, it can also be contended that increasing the chance that a woman might not get an abortion would be morally good since it would avoid the death of the fetus (which, for the sake of this argument, be considered wrong).

I certainly agree that a woman (or girl) should take time to consider whether or not to have an abortion. After all, an abortion is a morally significant action and is one that is clearly important enough to warrant due consideration. I suspect, but do not know, that most woman do put considerable thought into this decision. Obviously, there can be exceptions—there are, after all, people who consistently act without thinking through their actions. While I do think there is a moral obligation to think through morally significant actions, I am not sure that 24 hours is the right waiting time. After all, there would need to be evidence that an extra 24 hours of consideration is likely to result in a better decision.

In terms of the number of visits, that should depend on what the woman actually needs. After all, it is not clear that a second visit would consistently result in more information for the woman that one visit could not provide. There are also the rather practical concerns of cost and time. Would, for example, the state pick up the tab on the second visit that would be mandated? I suspect not.

I have, of course, not said anything yet about the most important consideration. While I think people should take time to properly consider significant decisions and perhaps two visits could be a good idea, there is the critical issue of whether or not this is a matter suitable for the coercive power of the state. After all, there is a multitude of things people should do that should not be compelled by the state. For example, I think that people should exercise, should be polite, should be kind and should eat healthy. However, I do not think that the state should compel these things. But, of course, there are many things that people should do and the state justly compels people to do them. These include such things as paying a fair share of the taxes and serving on juries.

While some people take the view that the state should compel based on what they like and dislike, I prefer to operate based on a consistent principle when it comes to the compulsive power of the state. The principle, which I obviously stole from Mill, is that the use of the compulsive force of the state is justified when it is employed to prevent one person from wrongly harming another. A case can also be made for compelling people in order to serve the general civil good—such as compelling people to serve on juries and pay a fair share of the taxes. However, compelling people to serve the good is generally rather more problematic than compelling people to not inflict wrongful harm.

The principle of harm could, obviously enough, be used to argue against allowing abortion on the grounds that it harms (kills) the fetus. Of course, this is not decisive, since the harms of not having an abortion must also be given due consideration. This principle would not, however, seem to justify the two-visit and 24-hour waiting period requirements. Then again, perhaps it could be argued that they would provide some slight possible protection for the fetus: the woman might change her mind. This sort of really weak protection does not seem to be a very convincing moral reason to have a law.

It could be argued that a different version of the principle of harm should be used. To be specific, that a law can be morally justified on the grounds that it would compel a person not to harm herself. This principle can, obviously enough, be justified on utilitarian grounds. Various laws, such as the infamous NYC ban on big sodas, have been passed that aim at protecting a person from self-inflicted harms.

In the case of this bill, the moral reasoning would be that because there is a chance that a woman might change her mind about an abortion she might later regret, it follows that the state has the right to compel her to have two visits and to wait twenty-four hours. A rather obvious problem with this justification is that it would set a very low bar for the state using its compulsive power: there must only be a chance that a person might change her mind about engaging in a legal procedure that she might later regret. This principle would obviously warrant the state engaging into a massive intrusion into the lives of citizens. Sticking with a medical example, people do sometimes regret having elective surgery. So, this principle would warrant the state imposing a waiting period and a two visit rule. But there would seem to be no reason to stick within the field of medicine. People can come to regret many significant decisions, such as buying a car, choosing a college major, accepting a job offer, or moving. Yet it would seem unreasonable to impose a waiting period for such decisions. Looked at in utilitarian terms, the harms inflicted by such laws (such as the cost of enforcement, the annoyance, and so on) would seem to outweigh their alleged benefits. Especially since a waiting period would not seem to increase the chances of a better decision being made.

What makes considerably more sense is having laws that protect people from decisions made while they are incapable of properly making decisions, such as when intoxicated. So, for example, it would be reasonable to have a law that prevents a person from getting married when she is intoxicated. It is also reasonable to have waiting periods that are based on actual need. For example, a waiting period that is needed to complete paperwork or verify a person’s legal identity would be justifiable on practical grounds (assuming the time requirements are legitimate).

In light of the above arguments, the proposed bill is not morally justified and would, if made into law, be an unwarranted intrusion of the state into the lives of citizens. Those who oppose big government and government intrusion should oppose this bill. Those who favor the “nanny state” should, obviously enough, support it.

 

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Does Religious Freedom Justify Discrimination?

Posted in Business, Ethics, Law, Philosophy, Politics, Religion by Michael LaBossiere on April 1, 2015

 

IndianaThe scene is a bakery in a small town in Indiana. Ralph and Sally, a married couple, run the Straight Bakery with the aid of the pretty young Ruth. Dr. Janet and her fiancé Andrea enter the shop, looking to buy a cake.

Sally greets them with a pleasant smile, which quickly fades when she finds out that Janet and Andrea are a lesbian couple. Pointing at the door, she says “baking you a wedding cake would violate my religious beliefs. Go find Satan’s baker! Leave now!” The couple leave the shop, planning to drive to the next town—their small town has but one bakery.

At the end of the day, Sally leaves the shop. Ralph says he will help Ruth close up the shop. After Sally leaves, Ralph and Ruth indulge in some adultery.

Indiana has recently gotten nation attention for its version of the Religious Freedom Restoration Act. The bill would prevent state and local governments in Indiana from “substantially burdening” the exercise of religion unless it can be proven the state has a compelling interest and is using the least restrictive means for acting on that interest.

Proponents of the bill claim that it is aimed to protect people, such as business owners, with strong religious beliefs from the intrusion of the state. Those who oppose the bill note that it would legalize discrimination and that it is aimed at gays and lesbians. Many other states have similar laws, but some of them have laws that protect people from discrimination based on sexual orientation.

Since the law cannot specify individual religions for protection, it is likely to lead to some interesting consequences, possibly involving Satanism—as happened in my adopted state of Florida. While the legal aspects of this matter are rather important, as a philosopher my main concern is with the ethics of the matter.

On the face of it, religious freedom seems to be good—after all, it would seem to fall under the broader liberty of thought and belief (which is ably supported by Mill in his work on liberty). As such, the bill initially seems to be a morally reasonable defense of a well-established right.

The bill, as opponents argue, would certainly seem to allow people to discriminate against others, provided that they can justify their discrimination on religious grounds. The law cannot, obviously, require that a religion be true, rational, consistent, sensible or even sane—all religions are equally protected. This, of course, could lead to some serious consequences.

Driving home, Sally’s car is struck by a delivery van and she is badly injured. Luckily, Dr. Janet and Andrea (a trained nurse) are right behind the van. As Dr. Janet and Andrea rush to help, they see it is Sally. Dr. Janet, a devout member of the Lesbian Church, has sworn to God that she will not treat any straight bigots. Looking down at the dying Sally, Dr. Janet says “saving you would violate my sincerely held religious beliefs. Sorry. Perhaps you can find another doctor.” Sally dies.

The obvious counter to this sort of scenario is that religious freedom does not grant a person the liberty to deny a person an essential service, such as medical treatment. Using the standard principle of harm as a limit on liberty, the freedom of religion ends when it would cause unwarranted harm to another person. It could also be argued that the moral obligation to others would override the religious freedom of a person, compelling her to act even against her religious beliefs. If so, it would be wrong of Dr. Janet and Andrea to let Sally die. This, of course, rests on either the assumption that harm overrides liberty or the assumption that obligations override liberty. There are well-established and reasonable arguments against both of these assumptions. That said, it would certainly seem that the state would have a compelling interest in not allowing doctors, pharmacists, and others to allow people to die or suffer harm because of their religious beliefs. But, perhaps, religious freedom trumps all these considerations.

After having a good time with Ruth, Ralph showers off the evidence of his sins and then heads for home. Ruth helps herself to some of the money from the register and adjusts the spreadsheet on the business PC to cover up her theft.

Ralph is horrified to learn that Sally has been killed. He takes her to the only funeral home in town, run by the Marsh family (who moved there from Innsmouth). Unfortunately for Ralph, the Marsh family members are devoted worshippers of Dagon and their religious beliefs forbid them from providing their services to Christians. After being ejected from the property, Ralph tries to drive Sally’s body to the next town, but his truck breaks down.

He finds that the nearest shop is Mohamed’s Motors, a Muslim owned business. Bob, the tow truck driver, says that while he is generally fine with Christians, he is unwilling to tow a Christian’s truck. He does recommend his friend Charlie, a Jewish tow truck driver who is willing to tow Christians, provided that it is not on the Sabbath and the Christian is not a bigot.  Ralph cries out to God at the injustices he has suffered, forgetting that he has reaped what he has sown.

In the case of these sorts of important, but not essential, services it could be argued that people would have the right to discriminate. After all, while the person would be inconvenienced (perhaps extremely so), the harm would not be large enough to make the refusal morally wrong. That is, while it would be nice of Bob to tow Ralph’s truck, it would not be wrong for him to refuse and he is under no obligation to do so. It might, of course, be a bad business decision—but that is another matter entirely.

If appeals to harm and obligations fail, then another option is to argue from the social contract. The idea is that people who have businesses or provide services do not exist in a social vacuum: they operate within society. In return for the various goods of society (police protection, protection of the laws, social rights and so on) they are required to render their services and provide their goods to all the members of the civil society without discrimination. This does not require that they like their customers or approve of them. Rather, it requires that they honor the tactic contract: in return for the goods of society that allow one to operate a business, one must provide goods and services to all members of the society. That is the deal one makes when one operates a business in a democratic society that professes liberty and justice for all.

Obviously, people do have the right to refuse goods and services under certain conditions. For example, if a customer went into Ralph & Ruth’s Bakery (Ralph moved on quickly) and insulted Ruth, urinated on the floor and demanded they give him a half price discount, Ruth would be justified in refusing to make him a cake. After all, his behavior would warrant such treatment. However, refusing a well-behaved customer because she is gay, black, Christian, or a woman would not be justified. This is because those qualities are not morally relevant to refusing services. Most importantly, freedom of religion is not a freedom to discriminate.

It might be countered that the government has no right to force a Christian to bake a wedding cake for a gay couple. This is true, in that the person can elect to close his business rather than bake the cake. However, he does not have the moral right to operate a business within civil society if he is going to unjustly discriminate against members of that society. So, in that sense, the state does have the right to force a Christian to bake a wedding cake for a gay couple, just as it can force him to bake a cake for a mixed-race couple, a Jewish couple, or an atheist couple.

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Debating the Keystone XL Pipeline

Posted in Business, Environment, Law, Philosophy, Politics by Michael LaBossiere on February 23, 2015

The Keystone XL Pipeline has become a powerful symbol in American politics. Those that oppose it can take it as a symbol of all that is wrong: environmental dangers, global warming, big corporations, and other such evils. Those who support it can take it as a symbol of all that is good: jobs, profits, big corporations and other such goods. While I am no expert when it comes to pipelines, I thought it would be worthwhile to present a concise discussion of the matter.

The main substantial objections against the pipeline are environmental. One concern is that pipelines do suffer from leaks and these leaks can inflict considerable damage to the environment (including the water sources that are used by people). The material that will be transported by the Keystone XL pipeline is supposed to be rather damaging to the environment and rather problematic in terms of its cleanup.

Those who support the pipeline counter these objections by claiming that the pipelines are relatively safe—but this generally does not reassure people who have seen the impact of previous leaks. Another approach used by supporters is to point out that if the material is not transported by pipeline, companies will transport it by truck and by train. These methods, some claim, are more dangerous than the pipelines. Recent explosions of trains carrying such material do tend to serve as evidence for this claim. There is also the claim that using trucks and trains as a means of transport will create more CO2 output and hence the pipeline is a better choice in regards to the environment.

Some of those who oppose the pipeline contend that the higher cost of using trucks and trains will deter companies from using them (especially with oil prices so low). So, if the pipeline is not constructed, there would not be the predicted increase in CO2 levels from the use of these means of transportation. The obvious counter to this is that companies are already using trucks and trains to transport this material, so they already seem to be willing to pay the higher cost. It can also be pointed out that there are already a lot of pipelines so that one more would not make that much difference.

In addition to the leaks, there is also the concern about the environmental impact of acquiring the material to be transported by the pipeline and the impact of using the fossil fuels created from this material. Those opposed to the pipeline point out how it will contribute to global warming and pollution.

Those who support the pipeline tend to deny climate change or accept climate change but deny that humans cause it, or accept that humans cause it but contend that there is nothing that we can do that would be effective (mainly because China and other countries will just keep polluting). Another approach is to argue that the economic benefits outweigh any alleged harms.

Proponents of the pipeline claim that it will create a massive number of jobs. Opponents point out that while there will be some job creation when it is built (construction workers will be needed), the number of long term jobs will be very low. The opponents seem to be right—leaving out cleanup jobs, it does not take a lot of people to maintain a modern pipeline. Also, it is not like businesses will open up along the pipeline once it is constructed—it is not like the oil needs hotels or food. It is, of course, true that the pipeline can be a moneymaker for the companies—but it does seem unlikely that this pipeline will have a significant impact on the economy. After all, it would just be one more pipeline among many.

As might be guessed, some of the debate is over the matters of fact discussed above, such the environmental impact of building or not building the pipeline. Because many of the parties presenting the (alleged) facts have a stake in the matter, this makes getting objective information a bit of a problem. After all, those who have a financial or ideological interest in the pipeline will tend to present numbers that support the pipeline—that it creates many jobs and will not have much negative impact. Those who oppose it will tend to do the opposite—their numbers will tend to tell against the pipeline. This is not to claim that people are lying, but to simply point out the obvious influences of biases.

Even if the factual disputes could be settled, the matter is rather more than a factual disagreement—it is also a dispute over values. Environmental issues are generally political in the United States, with the right usually taking stances for business and against the environment and the left taking pro-environment and anti-business stances. The Keystone XL pipeline is no exception and has, in fact, become a symbol of general issues in regards to the environment and business.

As noted above, those who support the pipeline (with some interesting exceptions) generally reject or downplay the environmental concerns in favor of their ideological leaning. Those that oppose it generally reject or downplay the economic concerns in favor of their ideological leaning.

While I am pro-environment, I do not have a strong rational opposition to the pipeline. The main reasons are that there are already many pipelines, that the absence of the pipeline would not lower fossil fuel consumption, and that companies would most likely expand the use of trains and trucks (which would create more pollution and potentially create greater risks). However, if I were convinced that not having the pipeline would be better than having it, I would certainly change my position.

There is, of course, also the matter of symbolism—that one should fight or support something based on its symbolic value. It could be contended that the pipeline is just such an important symbol and that being pro-environment obligates a person to fight it, regardless of the facts. Likewise, someone who is pro-business would be obligated to support it, regardless to the facts.

While I do appreciate the value of symbols, the idea of supporting or opposing something regardless of the facts strikes me as both irrational and immoral.

 

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Ransoms & Hostages

Posted in Ethics, Law, Philosophy, Politics, Reasoning/Logic by Michael LaBossiere on February 20, 2015

1979 Associated Press photograph showing hosta...

While some countries will pay ransoms to free hostages, the United States has a public policy of not doing this. Thanks to ISIS, the issue of whether ransoms should be paid to terrorists groups or not has returned to the spotlight.

One reason to not pay a ransom for hostages is a matter of principle. This principle could be that bad behavior should not be rewarded or that hostage taking should be punished (or both).

One of the best arguments against paying ransoms for hostages is both a practical and a utilitarian moral argument. The gist of the argument is that paying ransoms gives hostage takers an incentive to take hostages. This incentive will mean that more people will be taken hostage. The cost of not paying is, of course, the possibility that the hostage takers will harm or kill their initial hostages. However, the argument goes, if hostage takers realize that they will not be paid a ransom, they will not have an incentive to take more hostages. This will, presumably, reduce the chances that the hostage takers will take hostages. The calculation is, of course, that the harm done to the existing hostages will be outweighed by the benefits of not having people taken hostage in the future.

This argument assumes, obviously enough, that the hostage takers are primarily motivated by the ransom payment. If they are taking hostages primarily for other reasons, such as for status, to make a statement or to get media attention, then not paying them a ransom will not significantly reduce their incentive to take hostages. This leads to a second reason to not pay ransoms.

In addition to the incentive argument, there is also the funding argument. While a terrorist group might have reasons other than money to take hostages, they certainly benefit from getting such ransoms. The money they receive can be used to fund additional operations, such as taking more hostages. Obviously enough, if ransoms are not paid, then such groups do lose this avenue of funding which can impact their operations. Since paying a ransom would be funding terrorism, this provides both a moral a practical reason not to pay ransoms.

While these arguments have a rational appeal, they are typically countered by a more emotional appeal. A stock approach to arguing that ransoms should be paid is the “in their shoes” appeal. The method is very straightforward and simply involves asking a person whether or not she would want a ransom to be paid for her (or a loved one). Not surprising, most people would want the ransom to be paid, assuming doing so would save her (or her loved one). Sometimes the appeal is made explicitly in terms of emotions: “how would you feel if your loved one died because the government refuses to pay ransoms?” Obviously, any person would feel awful.

This method does have considerable appeal. The “in their shoes” appeal can be seem similar to the golden rule approach (do unto others as you would have them do unto you). To be specific, the appeal is not to do unto others, but to base a policy on how one would want to be treated in that situation. If I would not want the policy applied to me (that is, I would want to be ransomed or have my loved one ransomed), then I should be morally opposed to the policy as a matter of consistency. This certainly makes sense: if I would not want a policy applied in my case, then I should (in general) not support that policy.

One obvious counter is that there seems to be a distinction between what a policy should be and whether or not a person would want that policy applied to herself. For example, some universities have a policy that if a student misses more than three classes, the student fails the course. Naturally, no student wants that policy to be applied to her (and most professors would not have wanted it applied to them when they were students), but this hardly suffices to show that the policy is wrong. As another example, a company might have a policy of not providing health insurance to part time employees. While the CEO would certainly not like the policy if she were part time, it does not follow that the policy must be a bad one. As such, policies need to be assessed not just in terms of how a persons feels about them, but in terms of their merit or lack thereof.

Another obvious counter is to use the same approach, only with a modification. In response to the question “how would you feel if you were the hostage or she were a loved one?” one could ask “how would you feel if you or a loved one were taken hostage in an operation funded by ransom money? Or “how would you feel if you or a loved one were taken hostage because the hostage takers learned that people would pay ransoms for hostages?” The answer would be, of course, that one would feel bad about that. However, while how one would feel about this can be useful in discussing the matter, it is not decisive. Settling the matter rationally does require considering more than just how people would feel—it requires looking at the matter with a degree of objectivity. That is, not just asking how people would feel, but what would be right and what would yield the best results in the practical sense.

 

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Are Anti-Vaccination People Stupid?

Posted in Medicine/Health, Philosophy, Politics, Reasoning/Logic, Science by Michael LaBossiere on February 18, 2015
Poster from before the 1979 eradication of sma...

Poster from before the 1979 eradication of smallpox, promoting vaccination. (Photo credit: Wikipedia)

The United States recently saw an outbreak of the measles (644 cases in 27 states) with the overwhelming majority of victims being people who had not been vaccinated. Critics of the anti-vaccination movement have pointed to this as clear proof that the movement is not only misinformed but also actually dangerous. Not surprisingly, those who take the anti-vaccination position are often derided as stupid. After all, there is no evidence that vaccines cause the harms that the anti-vaccination people refer to when justifying their position. For example, one common claim is that vaccines cause autism, but this seems to be clearly untrue. There is also the fact that vaccinations have been rather conclusively shown to prevent diseases (though not perfectly, of course).

It is, of course, tempting for those who disagree with the anti-vaccination people to dismiss them uniformly as stupid people who lack the brains to understand science. This, however, is a mistake. One reason it is a mistake is purely pragmatic: those who are pro-vaccination want the anti-vaccination people to change their minds and calling them stupid, mocking and insulting them will merely cause them to entrench. Another reason it is a mistake is that the anti-vaccination people are not, in general, stupid. There are, in fact, grounds for people to be skeptical or concerned about matters of health and science. To show this, I will briefly present some points of concern.

One point of rational concern is the fact that scientific research has been plagued with a disturbing amount of corruption, fraud and errors. For example, the percentage of scientific articles retracted for fraud is ten times what it was in 1975. Once lauded studies and theories, such as those driving the pushing of antioxidants and omega-3, have been shown to be riddled with inaccuracies. As such, it is hardly stupid to be concerned that scientific research might not be accurate. Somewhat ironically, the study that started the belief that vaccines cause autism is a paradigm example of bad science. However, it is not stupid to consider that the studies that show vaccines are safe might have flaws as well.

Another matter of concern is the influence of corporate lobbyists on matters relating to health. For example, the dietary guidelines and recommendations set forth by the United States Government should be set on the basis of the best science. However, the reality is that these matters are influenced quite strongly by industry lobbyists, such as the dairy industry. Given the influence of the corporate lobbyists, it is not foolish to think that the recommendations and guidelines given by the state might not be quite right.

A third point of concern is the fact that the dietary and health guidelines and recommendations undo what seems to be relentless and unwarranted change. For example, the government has warned us of the dangers of cholesterol for decades, but this recommendation is being changed. It would, of course, be one thing if the changes were the result of steady improvements in knowledge. However, the recommendations often seem to lack a proper foundation. John P.A. Ioannidis, a professor of medicine and statistics at Stanford, has noted “Almost every single nutrient imaginable has peer reviewed publications associating it with almost any outcome. In this literature of epidemic proportions, how many results are correct?” Given such criticism from experts in the field, it hardly seems stupid of people to have doubts and concerns.

There is also the fact that people do suffer adverse drug reactions that can lead to serious medical issues and even death. While the reported numbers vary (one FDA page puts the number of deaths at 100,000 per year) this is certainly a matter of concern. In an interesting coincidence, I was thinking about this essay while watching the Daily Show on Hulu this morning and one of my “ad experiences” was for Januvia, a diabetes drug. As required by law, the ad mentioned all the side effects of the drug and these include some rather serious things, including death. Given that the FDA has approved drugs with dangerous side effects, it is hardly stupid to be concerned about the potential side effects from any medicine or vaccine.

Given the above points, it would certainly not be stupid to be concerned about vaccines. At this point, the reader might suspect that I am about to defend an anti-vaccine position. I will not—in fact, I am a pro-vaccination person. This might seem somewhat surprising given the points I just made. However, I can rationally reconcile these points with my position on vaccines.

The above points do show that there are rational grounds for taking a general critical and skeptical approach to matters of health, medicine and science. However, this general skepticism needs to be properly rational. That is, it should not be a rejection of science but rather the adoption of a critical approach to these matters in which one considers the best available evidence, assesses experts by the proper standards (those of a good argument from authority), and so on. Also, it is rather important to note that the general skepticism does not automatically justify accepting or rejecting specific claims. For example, the fact that there have been flawed studies does not prove that the specific studies about vaccines as flawed. As another example, the fact that lobbyists influence the dietary recommendations does not prove that vaccines are harmful drugs being pushed on Americans by greedy corporations. As a final example, the fact that some medicines have serious and dangerous side effects does not prove that the measles vaccine is dangerous or causes autism. Just as one should be rationally skeptical about pro-vaccination claims one should also be rationally skeptical about anti-vaccination claims.

To use an obvious analogy, it is rational to have a general skepticism about the honesty and goodness of people. After all, people do lie and there are bad people. However, this general skepticism does not automatically prove that a specific person is dishonest or evil—that is a matter that must be addressed on the individual level.

To use another analogy, it is rational to have a general concern about engineering. After all, there have been plenty of engineering disasters. However, this general concern does not warrant believing that a specific engineering project is defective or that engineering itself is defective. The specific project would need to be examined and engineering is, in general, the most rational approach to building stuff.

So, the people who are anti-vaccine are not, in general, stupid. However, they do seem to be making the mistake of not rationally considering the specific vaccines and the evidence for their safety and efficacy. It is quite rational to be concerned about medicine in general, just as it is rational to be concerned about the honesty of people in general. However, just as one should not infer that a friend is a liar because there are people who lie, one should not infer that a vaccine must be bad because there is bad science and bad medicine.

Convincing anti-vaccination people to accept vaccination is certainly challenging. One reason is that the issue has become politicized into a battle of values and identity. This is partially due to the fact that the anti-vaccine people have been mocked and attacked, thus leading them to entrench and double down. Another reason is that, as argued above, they do have well-founded concerns about the trustworthiness of the state, the accuracy of scientific studies, and the goodness of corporations. A third reason is that people tend to give more weight to the negative and also tend to weigh potential loss more than potential gain. As such, people would tend to give more weight to negative reasons against vaccines and fear the alleged dangers of vaccines more than they would value their benefits.

Given the importance of vaccinations, it is rather critical that the anti-vaccination movement be addressed. Calling people stupid, mocking them and attacking them are certainly not effective ways of convincing people that vaccines are generally safe and effective. A more rational and hopefully more effective approach is to address their legitimate concerns and consider their fears. After all, the goal should be the health of people and not scoring points.

 

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Obesity, Disability, & Accomodation

Posted in Ethics, Philosophy, Politics by Michael LaBossiere on February 11, 2015

It is estimated that almost 30% of humans are overweight or obese and this percentage seems likely to increase. Given this large number of large people, it is not surprising that various moral and legal issues have arisen regarding the accommodation of the obese. It is also not surprising that people arguing in favor of accommodating the obese content that obesity is a disability. The legal issues are, of course, simply matter of law and are settled by lawsuits. Since I am not a lawyer, I will focus on the ethics of the matter and will address two main issues. The first is whether or not obesity is a disability. The second is whether or not obesity is a disability that morally justifies making accommodations.

On the face of it, obesity is disabling. That is, a person who is obese will have reduced capabilities relative to a person who is not obese. An obese person will tend to have much lower endurance than a non-obese person, less speed, less mobility, less flexibility and so on. An obese person will also tend to suffer from more health issues and be at greater risk for various illnesses. Because of this, an obese person might find it difficult or impossible to perform certain job tasks, such as those involving strenuous physical activity or walking moderate distances.

The larger size and weight of obese individuals also presents challenges regarding such things as standard sized chairs, doors, equipment, clothing and vehicles. For example, an obese person might be unable to operate a forklift with the standard seating and safety belt. As another example, an obese person might not be able to fit in one airline seat and instead require two (or more).  As a third example, an obese student might not be able to fit into a standard classroom desk. As such, obesity could make it difficult or impossible for a person to work or make use of certain goods and services.

Obviously enough, obese people are not the only ones who are disabled. There are people with short term disabilities due to illness or injury. I experienced this myself when I had a complete quadriceps tendon tear—my left leg was locked in an immobilizer for weeks, then all but useless for months. With this injury, I was considerably slower, had difficulty with stairs, could not carry heavy loads, and could not drive. There are also people who have long term or permanent disabilities, such as people who are paralyzed, blind, or are missing limbs due to accidents or war. These people can face considerable challenges in performing tasks at work and in life in general. For example, a person who is permanently confined to a wheelchair due to a spinal injury will find navigating stairs or working in the woods or working at muddy construction sites rather challenging.

In general, there seems to be no moral problem with requiring employees, businesses, schools and so on to make reasonable accommodations for people who are disabled. The basic principle that justifies that is the principle of equal treatment: people should be afforded equal access, even when doing so requires some additional accommodation. As such, while having ramps in addition to stairs costs more, it is a reasonable requirement given that some people cannot fully use their legs. Given that the obese are disabled, it seems easy enough to conclude that they should be accommodated just as the blind and paralyzed are accommodated.

Naturally, it could be argued that there is no moral obligation to provide accommodations for anyone. If this is the case, then there would be no obligation to accommodate the obese. However, it would seem to be rather difficult to prove, for example, that disabled veterans returning to school should just have to work their way up the steps in their wheelchairs. For the sake of the discussion to follow I will assume that there is a moral obligation to accommodate the disabled. However, there is still the question of whether or not this should apply to the obese.

One obvious way to argue against accommodations for the obese is to argue that there is a morally relevant difference between those disabled by obesity and those disabled by injury, birth defects, etc. One difference that people often point to is that obesity is a matter of choice and other disabilities are not. That is, a person’s decisions resulted in her being fat and hence she is responsible in a way a person crippled in an accident is not.

It could be pointed out that some people who are disabled by injury where disabled as the result of their decisions. For example, a person might have driven while drunk and ended up paralyzed. But, of course, the person would not be denied access to handicapped parking or the use of automatic doors because his disability was self-inflicted. The same reasoning could be used for the obese: though their disability is self-inflicted, it is still a disability and thus should be accommodated.

The easy and obvious reply to this is that there is still a relevant difference. While a person crippled in a self-inflicted drunken crash caused his own disability, there is little he can do about that disability. He can change his diet and exercise but this will not restore functionality to his legs. That is, he is permanently stuck with the results of that decision. In contrast, an obese person has to maintain her obesity. While some people are genetically predisposed to being obese, how much a person eats and how much they exercise is a matter of choice. Since they could reduce their weight, the rest of us are under no obligation to provide special accommodations for them. This is because they could take reasonable steps to remove the need for such accommodations. To use analogy, imagine someone who insisted that they be provided with a Seeing Eye dog because she wants to wear opaque glasses all the time. These glasses would result in her being disabled since she would be blind. However, since she does not need to wear such glasses and could easily do without them, there is no obligation to provide her with the dog. In contrast, a person who is actually blind cannot just get new eyes and hence it is reasonable for society to accommodate her.

It can be replied that obesity is not a matter of choice. One approach would be to argue for metaphysical determinism—the obese are obese by necessity and could not be otherwise. The easy reply here would be to say that we are, sadly enough, metaphysically determined not to provide accommodations.

A more sensible approach would be to argue that obesity is, in some cases, a medical condition that is beyond the ability of a person to control—that is, the person lacks agency in regards to his eating and exercise. The most likely avenue of support for this claim would come from neuroscience. If it can be shown that people are incapable of controlling their weight, then obesity would be a true disability, on par with having one’s arm blasted off by an IED or being born with a degenerative neural disorder. This would, of course, require abandoning agency (at least in this context).

It could also be argued that a person does have some choice, but that acting on the choice would be so difficult that it is more reasonable for society to accommodate the individual than it is for the individual to struggle to not be obese. To use an analogy, a disabled person might be able to regain enough functionality to operate in a “mostly normal” way, but doing so might require agonizing effort that is beyond what could be expected of a person. In such a case, one would surely not begrudge the person the accommodations. So, it could be argued that since it is easier for society to accommodate the obese than it is for the obese to not be obese, society should do so.

There is, however, a legitimate concern here. If the principle is adopted that society must accommodate the obese because they are disabled and they cannot help their obesity, then others could appeal to that same sort of principle and perhaps over-extend the realm of disabilities that must be accommodated. For example, people who are addicted to drugs could make a similar argument: they are disabled, yet their addiction is not a matter of choice. As another example, people who are irresponsible or lazy can claim they are disabled as well and should be accommodated on the grounds that they cannot be other than they are. But, perhaps the line can be drawn in a principle way so that the obese are disabled, but others are not.

 

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Should Confederate Veterans be Honored as Veterans?

Posted in Ethics, Law, Philosophy, Politics by Michael LaBossiere on February 9, 2015

Yet another interesting controversy has arisen in my adopted state of Florida. Three Confederate veterans, who fought against the United States of America, have been nominated for admission to Florida’s Veterans’ Hall of Fame. The purpose of the hall is to honor “those military veterans who, through their works and lives during or after military service, have made a significant contribution to the State of Florida.”

The three nominees are David Lang, Samuel Pasco and Edward A. Perry. Perry was Florida’s governor from 1885 to 1889; Pasco was a U.S. senator. Lang assisted in creating what became the Florida National Guard. As such, they did make significant contributions to Florida. The main legal question is whether or not they qualify as veterans. Since Florida was in rebellion (in defense of slaver) against the United States there is also a moral question of whether or not they should be considered veterans.

The state of Florida and the US federal government have very similar definitions of “veteran.” For Florida, a veteran is a person who served in the active military and received an honorable discharge. The federal definition states that “The term ‘veteran’ means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.” The law also defines “Armed Forces” as the “United States Army, Navy, Marine Corps, Air Force and Coast Guard.” The reserves are also included as being in the armed forces.

According to Mike Prendergast, the executive director of the Department of Veterans Affairs, the three nominees in question do not qualify because the applications to the hall did not indicate that the men served in the armed forces of the United States of America. Interestingly, Agricultural Commissioner Adam Putnam takes the view that “If you’re throwing these guys out on a technicality, that’s just dumb.”

Presumably, Putnam regards the fact that the men served in the Confederate army and took up arms against the United States as a technicality. This seems to be rather more than a mere technicality. After all, the honor seems to be reserved for veterans as defined by the relevant laws. As such, being Confederate veterans would seem to no more qualify the men for the hall than being a veteran of the German or Japanese army in WWII would qualify someone who moved to Florida and did great things for the state. There is also the moral argument about enrolling people who fought against the United States into this hall. Fighting in defense of slavery and against the lawful government of the United States would seem to be morally problematic in regards to the veteran part of the honor.

One counter to the legal argument is that Confederate soldiers were granted (mostly symbolic) pensions about 100 years after the end of the Civil War. Confederate veterans can also be buried in a special Confederate section of Arlington National Cemetery. These facts do push the door to a legal and moral argument open a crack. In regards to the legal argument, it could be contended that Confederate veterans have been treated, in some ways, as veterans. As such, one might argue, this should be extended to the Veterans’ Hall of Fame.

The obvious response is that these concessions to the Confederate veterans do not suffice to classify Confederate veterans as veterans of the United States. As such, they would not be qualified for the hall. There is also the moral counter that soldiers who fought against the United States should not be honored as veterans of the United States. After all, one would not honor veterans of other militaries that have fought against the United States.

It could also be argued that since the states that made up the Confederacy joined the United States, the veterans of the Confederacy would, as citizens, become United States’ veterans. Of course, the same logic would seem to apply to parts of the United States that were assimilated from other nations, such as Mexico, the lands of the Iroquois, and the lands of Apache and so on. As such, perhaps Sitting Bull would qualify as a veteran under this sort of reasoning. Perhaps this could be countered by contending that the south left and then rejoined, so it is not becoming part of the United States that has the desired effect but rejoining after a rebellion.

Another possible argument is to contend that the Veterans’ Hall of Fame is a Florida hall and, as such, just requires that the veterans be Florida veterans. In the Civil War units were, in general, connected to a specific state (such the 1st Maine). As such, if the men in question served in a Florida unit that fought against the United States, they would be Florida veterans but not United States veterans. Using this option would, of course, require that the requirements for the hall not include that a nominee be a veteran of the United States military and presumably it could not be connected to the United States VA since that agency is only responsible for veterans of the United States armed forces and not veterans who served other nations.

In regards to the moral concerns of honoring, as veterans, men who fought against the United States and in defense of slavery, it could be claimed that the war was not about slavery. The obvious problem with this is that the war was, in fact, fought to preserve slavery. The southern states made this abundantly clear. Alexander Stephens, vice president of the Confederacy, gave his infamous Cornerstone Speech and made this quite clear when he said “Our new Government is founded upon exactly the opposite ideas; its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal condition.”

It could, of course, be argued that not every soldier fighting for the South was fighting to defend slavery. After all, just like today, most of the people fighting in wars are not the people who set policy or benefit from these policies. These men could have gone to war not to protect the institution of slavery, but because they were duped by the slave holders. Or because they wanted to defend their state from “northern aggression.” Or some other morally acceptable reason. That is, it could be claimed that these men were fighting for something other than the explicit purpose of the Confederacy, namely the preservation of slavery. Since this is not impossible, it could be claimed that the men should be given the benefit of the doubt and be honored for fighting against the United States and then doing significant things for Florida.

In any case, this matter is rather interesting and I am looking forward to seeing my adopted state mocked once again on the Daily Show. And, just maybe, Al Sharpton will show up to say some things.

 

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