Donald Trump started out his presidential bid with remarks about Mexico sending rapists and criminals to the United States and then continued along what strikes many as a path of intolerance. Perhaps from a sense of nostalgia, he returned to what many regarded as sexism and engaged in a battle with Megyn Kelly . Tapping into fears about Muslims, Trump proposed a complete ban on their entry into the United States and seemed to explore the realm of religious intolerance. Perhaps in a bid to round out intolerance, Trump tweeted what some regarded as an anti-Semitic tweet. Most recently, he got into a battle with a Muslim Gold Star Family. Because of the vast array of what seem to be intolerant statements, some have claimed that Trump is a racist, a sexist and embraces intolerance. Those who defend Trump endeavor to spin his remarks in a more positive light and engage in tortuous explanations of what Trump “really” means. Trump himself makes the point of claiming to be politically incorrect rather than intolerant to a level that constitutes racism or sexism. As might be suspected, Trumps adventures in this area are rather philosophically interesting. For the sake of focus, I will only address racism—but the arguments that follow can also be applied to intolerance in general.
One rather important issue is whether Trump’s remarks are racist or not. On the face of it, the resolution of this issue is easy. Even fellow Republicans, such as the Speaker of the House Paul Ryan, have labeled some of Trump’s comments as racist. Liberal critics have, of course, asserted that Trump’s remarks are racist. As noted above, Trump “defends” his remarks by saying that he is politically incorrect rather than racist. This claim is certainly worth examining.
Trump’s approach does have some appeal—there is, after all, considerable territory between political incorrectness and racism. Also, the absurd excesses of political correctness are certainly problematic and worth opposing, thus giving Trump’s defense a shadow of legitimacy. The problem with what Trump is doing can be illustrated by the following analogy. Imagine a public dinner event that is absurdly formal and rigorous in its excesses of etiquette. Such an event can be justly criticized for these absurdities and excesses and it would be reasonable to call for it to be less formal. However, it does not follow that it would be reasonable to demand that people be allowed to defecate on the plates of other guests and urinate into the wine glasses. It also does not follow that defecating on plates would be merely informal (or “etiquette incorrect”) rather than extremely rude. So, while Trump is right to challenge the excesses of political correctness, what he is doing is analogous to claiming that defecating on dinner plates is merely a loosening of formality. That is, he has gone far beyond being merely politically incorrect (not strictly adhering to the rigorous rules of behavior as set by the relevant ideology of the left) into the realm of racism. To deny this would be analogous to the person who just pooped on your plate claiming he is just being “etiquette incorrect” and denying that he did anything really rude. As such, it seems impossible to deny that Trump has made many racist remarks.
Another approach to showing that Trump’s remarks are racist is to consider how actual racists regard them. While David Duke (a former grand wizard of the Ku Klux Klan) denies being a racist, he has come out in support of Trump and has expressed his agreement with many of Trump’s remarks. The Ku Klux Klan has also endorsed Trump. The American Nazi Party has also expressed its support for Trump, noting how beneficial Trump has been for their pro-white agenda and white nationalism. Trump also enjoys considerable support from racists in general. For those who oppose racism, the KKK and Nazism, the fact that such people see Trump as creating safe space for them to operate in is certainly worrisome.
One possible counter, and one used by these people and groups, is to claim that they are not racist. The main tactic is to claim that they are not anti-black or anti-Jew, but pro-white. This is, in many cases, a conscious effort to model their replies on those used by other people who assert pride in their ethnicity. This is certainly an interesting tactic and if a person can claim Latino pride or claim to be pro-black without being racist, then it would seem that pro-white and white-pride groups can do the same.
The usual reply to this is that while a person could be pro-white without being racist, groups like the KKK and the Nazis have a well-established record of being hate groups. As such, their protestations that they are not anti-others but just pro-white are greeted with well-deserved skepticism. There is also the fact that such groups tend to not limit themselves to pro-white rhetoric and pro-white behavior—they tend to still embrace the anti.
In light of the above, it would seem beyond doubt that Trump has made racist remarks. As to whether Trump himself is racist or not, that is another matter.
It has become something of a truism that everyone is a little bit racist. If this is true, then a meaningful accusation of racism requires showing that a person has crossed a threshold in regards to her racism. As might be suspected, there is no precise line—to require one to exist would be to fall into the line drawing fallacy. It suffices that clear cases of racism can be recognized and that less-clear cases can be rationally debated.
While Trump has not donned a white hood or burned crosses, it has been claimed that he has a track record of racism. During his run to be the Republican nominee, he routinely said things that certainly appear racist and that would have been career ending for almost any other American politician. In June, 2016 Trump accused Judge Gonzalo Curiel of being biased against him because of Curiel’s Mexican ancestry. While this sort of attack is a standard Trump maneuver, the Republican establishment believes they need the Hispanic vote and they are aware that attacking Hispanics for being Hispanic is not a winning strategy. As such, it is not surprising that Paul Ryan criticized Trump, saying that his remark was “the textbook definition of a racist comment.” Other Republican leaders also condemned the remark. Such overt racism is certainly not approved by the Republican establishment.
While Ryan and others have condemned Trump’s remark, they have also endorsed him for President. Other Republicans have refused to do so and some have even embraced a “never Trump” view. While the opposition to Trump seems quite rational, those who condemn him while still endorsing him present a more interesting situation that is worth some consideration.
On the face of it, two sensible explanations for the simultaneous condemnation and endorsement would be pragmatic politics and party loyalty. Trump is the anointed Republican Presidential candidate and backing him would seem to both the practical choice and the choice of a party loyalist. Condemning him would be a way of maintaining some moral distance; thus this would be a case of wanting to praise the cake and condemn it, too. This can be a risky strategy: if Trump wins, he will certainly remember the condemnations. If Trump loses in a spectacular sinking of his political ship, the endorsements could serve as tethers dragging others down along with the wreck.
Those more cynical than I might venture that those who endorse Trump while disavowing his racist remarks are condemning not his racism, but his overt and clumsy racism. This is a rejection of style and not content. But, suppose that the condemnation is actually of the racism. This would seem to raise a moral concern for those that are endorsing Trump.
If Paul Ryan and others have disavowed Trump because they regard racism as wrong, they face the challenge of morally justifying endorsing someone who engages in immoral behavior. One way this could be done is by arguing that Trump’s relentless racist remarks are a minor flaw relative to his other virtues, thus he can be endorsed in good conscience. Given the revelations about Trump University (which have resulted in an upcoming trial with Curiel as the judge) and other facts about Trump, this seems like a problematic answer.
Another way this could be done is to argue that although Trump is to be morally condemned, he is still morally superior to Hillary. That is, Trump is the lesser of two evils and endorsing him increases the odds that the lesser evil will win. I am not sure how Trump would feel about being cast as a lesser evil—presumably he would want to be the greatest evil. This view would require establishing that Hillary Clinton is morally worse than Trump—something that could certainly be argued.
A third way is to argue that the terrible consequences of electing Hillary (whether she is morally better or worse than Trump) justify backing Trump. That is, backing him would result in a lesser evil in regards to consequences. This is different from voting for someone who is lesser in evil, although the two can obviously be connected. The greater a person’s evil, the greater evil they are likely to try to bring about. But, a person who is less evil might bring about worse consequences than someone who is a worse person.
A final way is to contend that the moral obligation of party loyalty requires a Republican leader to endorse the nominee, even if the nominee engages in behavior that must be condemned on moral grounds. To use the obvious analogy, this is similar to how the obligations of family can require standing up for a morally problematic relative.
The May 2016 issue of the NEA Higher Education Advocate features “An Open Letter to my White Colleagues” by Professor Dana Stachowiak. Since I have a genetic background that is a blend of Mohawk, French and English, I am not entirely sure if I am, in fact, white. However, I look white and I am routinely identified by others as white. As such, my social identity would seem to be white. Thus, the intended audience for the letter probably includes me. The letter provides a five-point guide to “sustainable anti-racist work.” While the entire letter is certainly worthy of assessment, I will focus this essay on the third point.
Professor Stachowiak asserts that whites should “Stop trying to understand how it [racism]feels or relate to it with a personal anecdote. You are white; you will never ever know what it feels like to experience racism.”
This assertion about what whites can never ever know is a matter of what philosophers call epistemology, which is the study of knowledge. More specifically, it falls under the subject of the limits of knowledge. In this case, the assertion is that a person’s epistemic capabilities are limited and defined (at least in part) by their race. Interestingly, this sort of view is routinely accepted by racists—a stock racist view is that other races have limits on what they are capable of knowing and this is typically connected to alleged defects in their cognitive capabilities. I am not claiming that Stachowiak is a racist, just that she has presented a race-based epistemic principle that whites cannot, in virtue of their whiteness, know the experience of racism.
There are epistemic views that do rest on the idea of incommensurable experiences. One extreme version is that no one can know what it is like to be another being. Stachowiak is presenting a less extreme version, one that limits knowledge about a specific sort of experience to a certain set of people. This can be seen as an assertion about the social reality of the United States: American racism is, by its nature, aimed at non-whites. As such, whites can never experience the racism of being targeted for being non-white. To use an analogy, it could be asserted that a man could never know the experience of misogyny because he cannot be hated as a woman (presumably even if he disguised himself as a woman).
This view obviously also requires that there cannot be racism directed against whites (at least in the United States), otherwise whites could experience racism. At this point, most readers are probably thinking that whites can be subject to racism—they can be called racist names, treated poorly simply because they are white, subject to hatred simply because of their skin color and so on for all the apparent manifestations of racism. The usual reply to this sort of claim is that whites can be subject to bias or prejudice, but racism is such that it only applies to non-whites. This requires a definition of “racism” in which the behavior is part of a social system and is based on a power disparity. To illustrate, a black might call a white “cracker” and punch him in the face for being white. This would be prejudice. A white might call a black the n-word and punch him in the face for being black. This would be racism. The difference is that the United States social system provides whites, in general, with systematic power advantages over non-whites.
It might be wondered about specific institutions that are predominantly non-white. In such cases, a white person could be the one at the power disadvantage. The likely reply is that in the broader society the whites still have the power advantage. So, if a philosophy department at a mostly white university does not hire a person because she is black, that is racism. If a philosophy department at a predominantly black university does not hire a person because she is white, that is prejudice but not racism. Thus, with a certain definition of “racism” a white can never experience racism.
It might be asserted that since anyone can experience prejudice and bias in ways that match up with racism (like being attacked, insulted or not hired because of race) it follows that a white person could have an understanding of what it feels like to experience racism. For example, a white person who finds out she was not hired because she is white would seem to be able to understand what it feels like for a black person to not get hired because she is black. There are also white people who belong to groups that are systematically mistreated and subject to oppression—such as women. One might contend that a white woman who experiences sexism her whole life would be able to know what racism feels like, at least by analogy. However, it could be countered that she cannot—there is an insurmountable gulf between the sexism a white woman experiences and the racism a black person experiences that renders her incapable of understanding that experience.
While it is certainly true that a person cannot perfectly know the experience of others, normal human beings are actually quite good at empathy and understanding how others feel. Many moral theorists, such as David Hume, note the importance of sympathy in ethics. It is by trying to understand what others suffer that one develops sympathy and compassion. It is certainly reasonable to accept that perfect understanding is not possible. But, to use an example, a white person who knows what it is like to be beaten up and brutalized because he would rather read books than play football could use that experience to try to grasp what it feels like to be beaten up and brutalized just because one is black. Such a person, it would be expected, would be less likely to act in racist ways if they were able to feel sympathy based on their own experiences.
Another point worth considering is the moral method of reversing the situation, more commonly known as the Golden Rule. Using this method requires being able to have some understanding of what it is like to be in a situation (say being a victim of racism) so as to be able to reason that certain things are wrong. So, for example, a person who can consider what it would be like to be refused a job because of his color would presumably be less likely to engage in that wrongful action. Given the importance of sympathy and the Golden Rule, it seems that whites should not stop trying to understand—rather, they should try to understand more. This, of course, assumes that this would lead to more moral behavior. If not, then I would concede the matter of Professor Stachowiak.
In regards to the anecdotes, I am more inclined to agree with Stachowiak. Having taught at Florida A&M University for almost twenty-five years, I have lost count of the awkward anecdotes I have heard from well-meaning fellow whites trying to show that they understand racism. On the one hand, I do get what they intend when they are sincere—they are making an effort to understand racism within the context of their own experience. This is a natural thing for humans to do and can show that the person is really trying and does have laudable intentions. As such, to condemn such attempts seems unfair.
On the other hand, when a white person busts out an anecdote trying to compare a personal experience to racism I immediately think “oh no, do not do this.” This is usually because the anecdotes so often involve comparing some minor incident (like being called a name as a child) to racism. This is analogous to a person speaking to combat veterans and talking about how he was punched once on the playground. There is also the fact that such anecdotes are often used to say “I understand” and are then followed by clear evidence the person does not understand. From a purely practical standpoint, I would certainly agree that whites should avoid the awkward anecdote.
Chaosium’s Call of Cthulhu roleplaying game was my gateway drug to the fiction of H.P. Lovecraft. His works shaped my view of horror and led me to write adventures and monographs for Chaosium. I am rather pleased that one of my creations is now included among the Great Old Ones. I even co-authored a paper on Lovecraft with physicist Paul Halpern. While Lovecraft is well known for the horrors of his Cthulhu Mythos, he is becoming well known for another sort of horror, namely racism.
When I was a kid, I was rather blind to the prejudices expressed in Lovecraft’s writings—I was much more focused on the strange vistas, sanity blasting beings, and the warping of space and time. As I grew older, I became aware of the casual prejudices expressed towards minorities and his special horror of “mongrel races.” However, I was unsure of whether he was truly a racist or trapped just expressing a common world view of his (and our) time. Which, to be honest, can be regarded as racist. Since I rather like Lovecraft’s writings, I was a bit disturbed as revelations about his racism began to pile up.
For the past forty years the World Fantasy Convention has given World Fantasy awards that take the form of a bust of Lovecraft. Nnedi Okorafor won a WFA in 2011 and was rather disturbed to find that Lovecraft had written a racist poem. While not as surprising as the revelation that Dr. Seuss drew racist cartoons, such evidence of blatant racism certainly altered my view of Lovecraft as a person.
As should be expected, there have been efforts to defend Lovecraft. One of the most notable defenders is S.T. Joshi, one of the leading authorities on the author. The defense of Lovecraft follows a fairly stock approach used to address the issue of whether or not artists’ personal qualities or actions should be relevant to the merit of their art. I turn now to considering some of these stock arguments.
One stock defense is the “product of the times” defense: although Lovecraft was racist, nearly everyone was racist in that time period. This defense does have some merit in that it is reasonable to consider the social and moral setting in which an artist lived. After all, artists have no special immunity to social influences. To use an analogy, consider the stock feminist arguments regarding the harmful influence of the patriarchal culture, sexist imagery, sexist language and unrealistic body images on young women. The argument is often made that young woman are shaped by these forces and develop low self-esteem, become more likely to have eating disorders, and develop unrealistic images of how they should look and behave. If these cultural influences can have such a devastating impact on young women, it is certainly easy enough to imagine the damaging impact of a culture awash in racism upon the young Lovecraft. Just as a young woman inundated by photoshopped images of supermodels can develop a distorted view of reality, a young person exposed to racism can develop a distorted view of reality. And, just as one would not hold the young woman responsible for her distorted self-image, one should not hold the young racist accountable for his distorted other-image.
It can be countered that the analogy does not hold. While young women can be mentally shaped by the patriarchal influences of the culture and are not morally accountable for this, people are fully responsible for accepting racism even in a culture that is flooded with racism, such as the United States in the 1900s. As such, Lovecraft is fully to blame for his racist views and his condemnation is justified. The challenge is, of course, to work out how some cultural factors can shape people in ways that excuse them and other shaping leaves people morally accountable.
Another reply is that this stock argument is a version of the appeal to common practice fallacy—a fallacy that occurs when a practice is defended on the grounds that it is commonly done. Obviously, the mere fact that a practice is common does not justify that practice. So, although racism was common in Lovecraft’s day, this does not serve as a defense of his views.
A second stock defense is that the artist has other traits that offset the negative qualities in question. In the case of Lovecraft, the defense is that he was intelligent, generous and produced works of considerable influence and merit. This defense does have some appeal—after all, everyone has negative traits and a person should be assessed by the totality of her being, not her worst quality taken in isolation.
While this is a reasonable reply, it only works to the degree that a person’s good qualities offset the negative qualities. After all, there are many awful people who are kind to their own pets or loved some other people. As such, a consideration of this defense would require weighing the evil of Lovecraft with the good. One factor well worth considering is that although Lovecraft wrote racist things and thought racist thoughts, there is the question of whether his racism led him to actually harm anyone. While it might be claimed that racism itself is crime enough, it does seem to matter whether or not he actually acted on this racism to the detriment of others. This, of course, ties into the broader philosophical issue of the moral importance of thoughts versus the moral importance of actions.
Another concern with this defense is that even if a person’s positive traits outweigh the negative, this does not erase the negative traits. So even if Lovecraft was a smart and generous racist, he was still a racist. Which is certainly grounds for condemnation.
A third, and especially intriguing stock defense against one moral flaw is to argue that the flaw is subsumed in a far greater flaw. In the case of Lovecraft, it could be argued that his specific racism is subsumed into his general misanthropic view of humanity. While there is some debate about the extent of his (alleged) misanthropy, this does have some appeal. After all, if Lovecraft disliked humans in general, his racism against specific ethnic groups would be part of that overall view and not racism in the usual sense. Many of Lovecraft’s stories (such as in “the Picture in the House”, “The Shadow Over Innsmouth”, ‘the Rats in the Walls”, and “the Dunwich Horror”) feature the degeneracy and villainy of those of European stock. The descriptions of the degenerated whites are every bit as condemning and harsh as his descriptions of people of other ethnicities. As such, Lovecraft cannot be accused of being a racist—unless his racism is cast as being against all humans.
One counter to this is to point out that being awful in general is not a defense of being awful in a particular way. Another counter is that while Lovecraft did include degenerate white people, he also wrote in very positive ways about some white characters—something he did not do for any other ethnicities. This, it could be argued, does support the claim that Lovecraft was racist.
A final stock defense is to argue that the merits of artists’ works are independent of the personal qualities of the artists. What matters, it can be argued, is the quality of the work itself. One way to argue for this is to use an analogy from my own past.
Years ago, when I was a young cross country runner, there was a very good runner at another college. This fellow regularly placed in and even won races—he was, without a doubt, one of the best runners in the conference. However, he was almost universally despised—so much so that people joked that the only reason no one beat him up was because they could not catch him. Despite his being hated, his fellow runners had to acknowledge the fact that he was a good runner and merited all the victories. The same would seem to apply in the case of an artist like Lovecraft: his works should be assessed on their own merits and not on his personality traits.
Another way to make the argument is to point out the fact that an artist having positive qualities does not make the art better. A person might be a moral saint, but this does not mean that her guitar playing skill will be exceptional. A person might be kind to animals and devoted to the wellbeing of others, but this will not enhance his poetry. So, if the positive traits of an artist do not improve a work, it should follow that negative traits do not make the work worse.
This then leads to the concern that an artist’s personality qualities might corrupt a work. To go back to the running analogy, if the despised runner was despised because he cheated at the races, then the personality traits that made him the object of dislike would be relevant to assessing the merit of his performances. Likewise, if the racism of a racist author infects his works, then this could be regarded as reducing their merit. This leads to the issue of whether or not such racism actually detracts from the merit of a work, which is a lengthy issue for another time.
My own view of Lovecraft is that his racism made him a worse person. However, the fact that he was a racist does not impact the merit of his works—except to the degree that the racist elements in the stories damage their artistic merit (which is an issue well worth considering). As such, Lovecraft should be condemned for his racism, but given due praise for the value of his work and his contribution to modern horror.
Florida, like some other states, has imposed performance based funding on its state universities. The basic idea is that each state school is evaluated by ten standards and then the schools are ranked. The top schools are rewarded and the bottom schools are punished.
As a runner and a professor, I certainly get the idea of linking rewards to performance. As a runner, I believe that better performance merits the better awards (be it a gold medal, a fat stack of cash, or a ribbon). As a professor, I believe that performance merits the better grades and that poor performance merits the corresponding lower grades. However, I also recognize the importance of fairness.
In the case of running, a fair race requires that everyone must compete on the same course and under the same conditions. The age and gender of the runners is also taken into account when assessing performance and there are even age-graded performance formulas to take into account the ravages of time.
In the case of grading, a fair class requires that everyone is required to do the same work, receives the same support from the professor, and that the assessment standards are the same. Fairness also requires that special challenges faced by some students are taken into account. Otherwise, the assessment is unjust.
The same applies to performance based funding of education. If the goal is to encourage better performance on the part of all the schools, the competition needs to be fair. Going with a classroom analogy, if a student knows that the class is rigged against her, she is not likely to be motivated to do her best. There also seems to be an obvious moral requirement that the assessment be fair and this would require considering the specific challenges that each school faces. Laying aside the normative aspects, there is also the matter of accuracy: knowing how well a school is performing requires considering what challenges it had to overcome.
While all the schools operate within the state of Florida and face similar challenges, each school also faces some special challenges. Because of this, a proper and just assessment of a schools performance (how well it does in educating students, etc.) should reflect these challenges. To simply impose standards that fail to consider these challenges would be unfair and would also yield an inaccurate account of the success or failure of the school.
Consider the following analogy: imagine, if you will, that the Pentagon adopted a performance based funding model for military units using various standards such as cost of operations, causalities, how well the units got along with the locals and so on. Now imagine that the special challenges of the units were not properly considered so that, for example, a unit operating in the deserts of Iraq fighting ISIS was assessed the same way as a unit stationed in Kentucky. As might be imagined, the unit in Iraq would certainly be assessed as performing worse than the unit stationed in Kentucky. The unit in Kentucky would presumably cost less per person, have far fewer causalities, and get along much better with the locals. As such, the unit fighting ISIS would find itself in funding trouble since its performance would seem rather worse than the unit in Kentucky. Of course, this approach would be irrational and unfair—the unit fighting ISIS might be performing extremely well relative to the challenges it faces. The same, it would seem, should hold for schools. Turning back to performance based funding, I will consider the relevant standards and how they are unfair to my school, Florida A&M University.
Florida A&M University is an HBCU (Historically Black Colleges and Universities) and is still predominantly African-American. The school also prides itself on providing educational opportunities to students who have been denied such opportunities as well as those who are first generation college students. Put roughly, we have many African-American students and a large number of students who are burdened with economic and educational baggage.
As I have mentioned in a previous essay, FAMU fared poorly under the state’s standards. To be fair, we honestly did do poorly in regards to the state’s standards. However, there are the important questions as to whether the standards are fair and whether or not the assessment of our performance is accurate.
On the one hand, the answer to both questions can be taken as “yes.” The standards apply to all the schools and the assessment was accurate in terms of the results. On the other hand, the answer is also “no”, since FAMU faces special challenges and the assessment fails to take these into account. To use a running analogy, the situation is like comparing the true 5K times of various runners. This is fair and accurate in that all runners are using their 5K times and the times are accurate. However, if some runners had to run hilly trails and others did their 5Ks on tracks, then the competition would not be fair. After all, a slower 5K on a hilly trail could be a much better performance than a 5K on a track.
To get directly to the point, my claim is that FAMU faces the special challenge of racism and the legacy of racism. This, I contend, means that FAMU is being assessed unfairly in terms of its performance: FAMU is running hills on a trail while other schools are enjoying a smoother run around the track. In support of this claim, I offer the following evidence.
One standard is the Percent of Bachelor’s Graduates Employed and/or Continuing their Education Further. A second is the Average Wages of Employed Baccalaureate. The third is the Six Year Graduation Rate and the fourth is the Academic Progress Rate (2nd Year Retention with GPA Above 2.0). These four break down into two general areas. The first is economic success (employment and wages) and the second is academic success (staying in school and graduating). I will consider each general area.
On the face of it, retention and graduation rates should have no connection to race. After all, one might argue, these are a matter of staying in school and completing school which is a matter of personal effort rather than race.
While I do agree that personal effort does matter, African-American students face at least two critical obstacles in regards to retention and graduation. The first is that African-American students are still often victims of segregation in regards to K-12 education and receive generally inferior education relative to white students. It should be no surprise that this educational disadvantage manifests itself in terms of retention and graduation rates. To use a running analogy, no one would be surprised if the runners who were poorly trained and coached did worse than better trained and coached runners.
The second is economic, which ties directly into the standards relating to economic success. As will be shown, African-Americans are far less well off than other Americans. Since college is expensive, it is hardly surprising that people who are less well-off would have a harder time remaining in and completing college. As I have discussed in other essays, the main (self-reported) reason for students being absent from my classes is for work and there is a clear correlation between attendance and class performance. I now turn to the unfairness of the state’s economic success standards.
While I do not believe that the primary function of the state university is to train students to be job fillers for the job creators, I do agree that it is reasonable to consider the economic success of students when evaluating schools. However, assessing how much the school contributes to economic success requires considering the starting point of the students and the challenges they will face in achieving success.
To be blunt, race is a major factor in regards to economic success in the United States. This is due to a variety of historical factors (slavery and the legacy of slavery) and contemporary factors (persistent racism). These factors manifest themselves quite clearly and, as such, the relatively poor performance of African-American graduates from FAMU is actually what should be expected.
In regards to employment, the University of Chicago conducted a study aimed at determining if there is racial bias in hiring. To test this, the researchers responded to 1,300 job advertisements with 5,000 applications. They found that comparable resumes with white sounding names were 50% more likely to get called for an initial interview relative to those with more African-American sounding names. The researchers found that white sounding applications got call backs at a rate of 1 in 10 while for black sounding names it was 1 in 15. This is clearly significant.
Interestingly, a disparity was also found in regards to the impact of experience and better credentials. A white job applicant with a higher quality application was 30% more likely to get a call than a white applicant with a lower quality application. For African-Americans, the higher quality application was only 9% more likely to get a call than a lower quality black application.
This disparity in the hiring process seems to help explain the disparity in employment. For whites, the unemployment rate is 5.3% and it is 11.4% for blacks. As such, it is hardly surprising that African-American students from FAMU are doing worse than students from schools that are mostly white.
Assuming that this information is accurate, this means that FAMU could be producing graduates as good as the other schools while still falling considerably behind them in regards to the employment of graduates. That is, FAMU could be doing a great job that is getting degraded by racism. As such, the employment assessment would need to be adjusted to include this factor. Going with the running analogy, FAMU’s African-American graduates have to run uphill to get a job, while white graduates get to run on much flatter course.
In addition to employment, a graduate’s wages is also one of the standards used by the state. FAMU fared poorly relative to the other schools here as well. However, this is also exactly what should be expected in the United States. The poverty rate for whites is 9.7% while that for blacks it is 27.2%. The median household wealth for whites is $91,405 and for blacks $6,446. Blacks own homes at a rate of 43.5% while whites do so at 72.9%. Median household income is $35,416 for blacks and $59,754 for whites. As such, it would actually be surprising if African American graduates of FAMU competed well against the statistics for predominantly white schools.
It might be contended that these statistics are not relevant because what is of concern is the performance of African-American college graduates and not the general economic woes of African-Americans. Unfortunately, college education does not close the racial wealth gap.
While the great recession had a negative impact on the wealth of most Americans, African-Americans with college degrees were hits surprisingly hard: their net worth dropped 60% from 2007 to 2013. In contrast, whites suffered a decline of 16% and, interestingly, Asians saw a slight increase. An analysis of the data (and data going back to 1992) showed that black and Hispanics had more assets in housing and more debts and these were major factors in the loss of wealth (the burst of the housing bubble crashed house values). In terms of income, researchers take the main causes of the disparity to include discrimination and career choices. In addition to the impact on salary, this wealth disparity also impacts retention and graduation rates. As such, the state is right to focus heavily on economics—but the standards need to consider the broader economic reality as well.
It is reasonable to infer that the main reason that FAMU fares worse in these areas is due to factors beyond the control of the school. Most of our students are black and in the United States, discrimination and enduring historical factors blacks do far worse than whites. As such, these poor numbers are more a reflection of the poor performance of America than on the performance of Florida A&M University. Because of this, the standards should be adjusted to take into account the reality of race in America.
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.
On April 12, 2015 Freddie Gray died in police custody. From the viewpoint of some Americans, this was the continuation of a pattern police causing the deaths of young black men. From the viewpoint of some other Americans, this was just another isolated incident.
The initial protests to this death were peaceful and it was hoped by many that Baltimore would avoid the violence that has marked other protests (including riots in Baltimore’s own past). This hope was shattered in an outbreak of violence and destruction.
One obvious concern is the identity and the nature of those engaged in violence. According to some narratives, the rioters are thugs or even outsiders who are simply taking advantage of the situation to engage in destruction, theft and violence. That is, they are opportunists and not protestors.
The United States has a well-established history of costly and pointless riots that are not protests. These are, of course, sports riots. One outstanding example is the 1992 riot in the aftermath of the Chicago Bulls vs. the Portland Trail Blazers. The damage was estimated at $10 million. There have been many other lesser riots, such as that following the 1999 Michigan State vs. Duke game that resulted in about $250,000 in damage (and whose iconic photo is a shirtless white bro “flashing the horns” atop a burned out car). My adopted state of Florida also sees substantial violence and property damage during Spring Break, although California does seem interested in getting into the spring break riot game.
Given that Americans are willing to riot over sports and spring breaks, it is certainly reasonable to consider that the rioters in Baltimore are not protesting the death but are motivated by other reasons—perhaps as simple as wanting to break and burn things.
There are, of course, some narratives that cast at least some of the rioters as being engaged in protest. That is, their motivation is not just to steal, break and burn but to express their anger about the situation in Baltimore. One way to explore possible motivations for such violence is to consider the situation in Baltimore. That is, to see if there are legitimate grounds for anger and whether or not these factors might provoke people to violence and destruction.
Baltimore is, in many ways, a paradigm of the brutal race and class divisions in the United States. It has the historical distinction of being the first city to pass a citywide segregation law (segregating each residential block by race) and the legacy of this law persists to this day in terms of Baltimore being a highly segregated city. In the center of the city, 60% of the population is black. The suburbs are, not surprisingly, predominantly white. Despite there being laws against forced segregation, the United States is still highly segregated. This does seem to provide some grounds for anger—unless, of course, it is assumed that most people are living were they wish and there are no unfair factors impeding people.
Baltimore also exemplifies the stark class divisions in the United States. 150,000 of the city’s 620,000 are classified as poor (the average income for a family of four being $23,492). The unemployment rate is close to 10%. As the American Revolution showed, people do get angry and violent in response to perceived economic injustice. Given the massive disparity between economic classes in the United States and their support by the structures of law and authority, what is shocking is not that there is a riot now and then but that there are not daily riots. As such, there seem to be sufficient grounds for anger. Naturally, some people claim that this poverty is because the poor are lazy—if they would only work hard for the job creators, they would not be poor. This view seems to fail to consider the reality of poverty in America—but it is a beloved narrative of those who are doing well.
Not surprisingly, Baltimore also has serious issues with crime. Drug addiction is a serious problem and the city was 5th in the number of murders per year in 2014. It is, however, 15th in the number of violent crimes per year. Crime is, of course, a complex matter. Some claim that this sort of crime arises from poverty, oppression and lack of opportunity (as opposed to the ‘crimes’ of the financial classes, such as melting down the world economy). There is, of course, a correlation between crime and these factors. Some claim that people turn to crime because of moral defects rather than these factors. This does have some merit—after all, a look at the financial sector and halls of power show evil behavior that is clearly not caused by poverty (except a poverty of the soul) and lack of opportunity.
Like other US cities, there is also an issue with how the police deal with the citizens. In 2011 the city paid $6.3 million settling police misconduct claims. Between 2011 and 2012 there were 156 such lawsuits. The number has declined to 156 from 2013 to 2014. While it is reasonable to consider that not all of these suits had merit, what happened to Gray does provide reason to suspect that there are grounds for being concerned about policing in the city.
When people think they are being oppressed and subject to brutality, they tend to respond with anger. For example, one can see the rage the fine folks on Fox express when they speak of the War on Christmas and how Christians are being mistreated and persecuted in America. One can only imagine the anger that arises when people really are subject to mistreatment. As such, there seem to be legitimate grounds for anger.
While the anger of those engaged in violence might be justified, there is still the obvious concerns about whether or not such behavior is morally acceptable and whether or not such behavior is effective in achieving goals.
On the face of it, much of the violence and destruction would seem to be difficult to justify morally. The main reason is that most of the destruction seems to involve community infrastructure and the property of people who are not responsible for what has provoked the protests. While the anger against the police is certainly understandable, the attacks on reporters and firefighters are clearly unjustified. The reporters have presumably done nothing meriting being attacked and the firefighters are trying to keep the city from burning down, which is certainly a laudable goal. Crudely put, if the violent (alleged) protestors are striking against injustice, they are (mostly) hitting the wrong targets. To use an obviously analogy, if Bob has wronged Sam and Sam goes and smashes Sally’s windows because he lives near her and cannot get at Bob, then Sam certainly seems to have acted wrongly—no matter how badly Bob wronged him.
It might be countered that the destruction is morally acceptable because the (alleged) protestors are striking out against an unjust social order. The obvious reply is that while this might have some abstract appeal, the real damage is being done mainly to the innocent rather than the guilty. As such, the violence and destruction seem to be immoral.
A second issue, which can connect to the moral issue, is the effectiveness of violence as a means of protest and social change. Obviously enough, violence can be very effective in achieving goals—Americans can point to our own Revolutionary War and the wars won against everyone from the Apache to the Japanese. However, violence is generally only effective when one has enough power to achieve one’s goals. Since the rioters are up against not only the police but also the National Guard, it is rather clear they will not be able to achieve a victory through force of arms.
However, a case can be made that the violence gets attention and that it cannot be ignored. Peaceful protests, one might argue, sound nice but can be easy to ignore. After all, “change things or we will peacefully protest again” seems to have less power than “change things or there will be cop cars burning in the streets and the authorities will have to explain why they are losing control of the city.” Interestingly, many of the pundits who praise the property destruction that occurred during the Boston Tea Party are quick to condemn contemporary protests they do not like. These pundits also praise other violence they approve of, but do not seem to have a consistent principle regarding violence as a means of achieving goals.
Obviously, a strong case can be made against violence, such as that famously made by Dr. King. When there is the possibility of redress and justice through peaceful means, then non-violence seems to have an obvious advantage over violence: people are not hurt or killed and property is not destroyed. However, the fact that a major American city is now patrolled by the National Guard indicates that there are deep and profound problems in civil society. These problems must be addressed or the obvious consequence will be more violence.
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.
Eric Garner, of New York, died on July 17, 2014. He had been confronted by police about selling loose cigarettes (sold that way to avoid the city tax) and during this encounter Officer Pantaleo put him in an apparent chokehold. Garner died from “neck compression” and “the compression of his chest and prone positioning during physical restraint by police.” Not surprisingly, the use of chokeholds is banned by the New York City Police Department. On December 3, 2014 a grand jury decided not to indict the officer, although the coroner had ruled Garner’s death a homicide.
This failure to indict follows a familiar pattern: though grand juries almost always indict non-police, they almost never indict police. As I have said before, perhaps this is because there is almost always probable cause to indict the non-police and almost never enough to indict police. Some might, however, contend that this disparity is grounded in injustice.
In general, the media pundits have been critical of the way the police handled the situation and the verdict of the grand jury. Bill O’Reilly and many people at Fox News fall into this camp and this has dismayed some Fox viewers. There are, however, media pundits that have blamed Garner for his own death. The justifications they advance are fairly stock ones and were also deployed in response to the death of Michael Brown, who was shot to death by an officer in Ferguson, Missouri. Because these approaches are often commonly used in such situations, they are worth considering.
One advanced by Representative Peter King is that Garner died because he was obese. On the one hand, King might be right: Garner’s health issues most likely played a causal role in his death. If he had been in good health, then he might not have been killed by what seems to have been a chokehold.
There are two obvious responses to this. The first is that the officer should not have been using a chokehold—there is a good reason that the police department forbids officers to use this technique. This reason is that it is easy to badly injure or kill someone using this attack. While the police can legitimately use force, there are many other techniques that are effective and far less likely to severely injure or kill a person.
The second is that police have a moral obligation to consider the condition of the person when engaging a suspect. This includes both the initial condition of the person (such as being in poor health) as well as what is happening to a person. While the police have the right to restrain a suspect, this comes with the obligation not to needlessly injure or kill the person.
To be fair to the police, it is not always easy to tell whether or not someone has a condition that might make him more likely to be injured or killed. In the heat of a struggle it can also be difficult to tell when a person is being injured. However, in some cases it is quite clear that a person is being subject to needless injury—which seems to be the case with Garner.
Rudi Giuliani and others advanced two justifications. The first is that Garner was a criminal and the second is that Garner resisted arrest. These were also advanced in the case of Michael Brown, although the officer who shot Brown apparently did not know Brown had robbed a store earlier.
In general, being a criminal does change a person’s status and does justify the police taking action against the person. So, if Garner was breaking the law, then the police would be right in arresting him. Likewise, if Brown robbed the store, then the police would have been justified in arresting him. Naturally, there are moral exceptions in the case of unjust laws and evil states. Interestingly, some of those speaking out in this case have focused on the cigarette tax law that Garner is alleged to have violated rather than on Garner’s death.
While the police do, in general, have the right to arrest criminals, this is rather different from making it acceptable for the police to kill alleged criminals. After all, criminals have the right to a trial and justice should not be meted out by the barrel of a gun or by a chokehold.
Naturally, the police can be justified in using force and even lethal force against criminals—but the mere fact that a person is (or is alleged to be) a criminal is not sufficient to justify killing him. Not surprisingly, this is where the second justification comes into play, namely that Garner was resisting arrest.
If it is assumed that the arrest is morally legitimate, then the person being arrested does not have the right to resist that arrest. Since what is legal is not the same as what is moral, there can be unjust laws and there clearly can be evil governments. However, for the sake of the discussion, let it be assumed that the police were acting in the right when trying to arrest Garner and that as such he did not have the moral right to resist. This can, of course, be debated.
Even if it is granted that Garner did not have the right to resist, there is still the question of whether or not his resistance justifies his death. I do agree that there can be cases in which resistance does morally justify the use of lethal force. For example, there was a tragic shooting in my own city of Tallahassee. A former Florida State University student shot people at the FSU library and fired at the police when they arrived. They returned fire, killing him. While it would have been preferable for the police to have not killed him, that was their only viable option to protect the civilians in the area and themselves.
From a moral standpoint, the police are justified in using the force needed to subdue the person (assuming they are otherwise acting morally) but not excessive force. While an officer does have the right of self-preservation, the officer is also morally obligated to accept some risks so as to avoid inflicting unnecessary harm or death. This is not just true of the police—it is true of everyone. For example, a drunken person once tried to punch me while I was running. I easily blocked the swing (black belt and all that). I could have punched or kicked him in return, but did not do so—I could have seriously hurt him. He decided to run away into the crowd, so I continued with my run. I did what I needed to do to defend myself—any more force would have been unwarranted. I did take a chance—the person could have attacked again or pulled a knife. But, a disproportionate response made from fear would be unwarranted.
In the case of Garner, it is clear that he does resist arrest, but in a fairly minimal way—he is not actively attacking but merely trying to avoid being grabbed. Then he is put into what appears to be a chokehold and brought to the ground, which results in his death. Given the situation, it seems clear that far less force (or even more conversation) would have sufficed and Garner would most likely still be alive.
One could argue that his size was such that he presented a clear threat that required such force and his death was a surprise to the police resulting from him being more vulnerable to choking than he appeared. That is, they honestly believed they were using the proper amount force and the proper techniques and the death was just a terrible accident. Having been in the martial arts, I do know it is easy for a person to get badly hurt even when there is no intention of such harm—that is well worth considering. Like most men, I’ve been hurt (and hurt others) when just playing around at rough housing.
That said, the police are supposed to be trained properly in the use of force and they are supposed to follow the guidelines—which, in this case, expressly forbid chokeholds. They are also morally responsible to be aware of what is happening to a person they are engaging. Given what occurred in the video, it seems clear that Garner’s death was unjustified.
Overall, the pundits that are endeavoring to blame Garner for his death are in error. It is true that if he was not suspected of a crime and if he had not resisted arrest, then he would probably still be alive. But, it is also true that if the police had used proper procedures and proportional force (or tried talking more), then he would probably still be alive. Even if a person commits a crime and resists arrest, it does not follow that his death is justified.