IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
The United States has had a libertarian and anarchist thread since the beginning, which is certainly appropriate for a nation that espouses individual liberty and expresses distrust of the state. While there are many versions of libertarianism and these range across the political spectrum, I will focus on one key aspect of libertarianism. To be specific, I will focus on the idea that the government should impose minimal limits on individual liberty and that there should be little, if any, state regulation of business. These principles were laid out fairly clearly by the American anarchist Henry David Thoreau in his claims that the best government governs least (or not at all) and that government only advances business by getting out of its way.
I must admit that I find the libertarian-anarchist approach very appealing. Like many politically minded young folks, I experimented with a variety of political theories in college. I found Marxism unappealing—as a metaphysical dualist, I must reject materialism. Also, I was well aware of the brutally oppressive and murderous nature of the Marxists states and they were in direct opposition to both my ethics and my view of liberty. Fascism was certainly right out—the idea of the total state ran against my views of liberty. Since, like many young folks, I thought I knew everything and did not want anyone to tell me what to do, I picked anarchism as my theory of choice. Since I am morally opposed to murdering people, even for a cause, I sided with the non-murderous anarchists, such as Thoreau. I eventually outgrew anarchism, but I still have many fond memories of my halcyon days of naïve political views. As such, I do really like libertarian-anarchism and really want it to be viable. But, I know that liking something does not entail that it is viable (or a good idea).
Put in extremely general terms, a libertarian system would have a minimal state with extremely limited government impositions on personal liberty. The same minimalism would also extend to the realm of business—they would operate with little or no state control. Since such a system seems to maximize liberty and freedom, it seems to be initially very appealing. After all, freedom and liberty are good and more of a good thing is better than less. Except when it is not.
It might be wondered how more liberty and freedom is not always better than less. I find two of the stock answers both appealing and plausible. One was laid out by Thomas Hobbes. In discussing the state of nature (which is a form of anarchism—there is no state) he notes that total liberty (the right to everything) amounts to no right at all. This is because everyone is free to do anything and everyone has the right to claim (and take) anything. This leads to his infamous war of all against all, making life “nasty, brutish and short.” Like too much oxygen, too much liberty can be fatal. Hobbes solution is the social contract and the sovereign: the state.
A second one was present by J.S. Mill. In his discussion of liberty he argued that liberty requires limitations on liberty. While this might seem like a paradox or a slogan from Big Brother, Mill is actually quite right in a straightforward way. For example, your right to free expression requires that my right to silence you be limited. As another example, your right to life requires limits on my right to kill. As such, liberty does require restrictions on liberty. Mill does not limit the limiting of liberty to the state—society can impose such limits as well.
Given the plausibility of the arguments of Hobbes and Mill, it seems reasonable to accept that there must be limits on liberty in order for there to be liberty. Libertarians, who usually fall short of being true anarchists, do accept this. However, they do want the broadest possible liberties and the least possible restrictions on business.
In theory, this would appear to show that the theory provides the basis for a viable political system. After all, if libertarianism is the view that the state should impose the minimal restrictions needed to have a viable society, then it would be (by definition) a viable system. However, there is the matter of libertarianism in practice and also the question of what counts as a viable political system.
Looked at in a minimal sense, a viable political system would seem to be one that can maintain its borders and internal order. Meeting this two minimal objectives would seem to be possible for a libertarian state, at least for a while. That said, the standards for a viable state might be taken to be somewhat higher, such as the state being able to (as per Locke) protect rights and provide for the good of the people. It can (and has) been argued that such a state would need to be more robust than the libertarian state. It can also be argued that a true libertarian state would either devolve into chaos or be forced into abandoning libertarianism.
In any case, the viability of libertarian state would seem to depend on two main factors. The first is the ethics of the individuals composing the state. The second is the relative power of the individuals. This is because the state is supposed to be minimal, so that limits on behavior must be set largely by other factors.
In regards to ethics, people who are moral can be relied on to self-regulate their behavior to the degree they are moral. To the degree that the population is moral the state does not need to impose limitations on behavior, since the citizens will generally not behave in ways that require the imposition of the compulsive power of the state. As such, liberty would seem to require a degree of morality on the part of the citizens that is inversely proportional to the limitations imposed by the state. Put roughly, good people do not need to be coerced by the state into being good. As such, a libertarian state can be viable to the degree that people are morally good. While some thinkers have faith in the basic decency of people, many (such as Hobbes) regard humans as lacking in what others would call goodness. Hence, the usual arguments about how the moral failings of humans requires the existence of the coercive state.
In regards to the second factor, having liberty without an external coercive force maintaining the liberty would require that the citizens be comparable in political, social and economic power. If some people have greater power they can easily use this power to impose on their fellow citizens. While the freedom to act with few (or no) limits is certainly a great deal for those with greater power, it certainly is not very good for those who have less power. In such a system, the powerful are free to do as they will, while the weaker people are denied their liberties. While such a system might be libertarian in name, freedom and liberty would belong to the powerful and the weaker would be denied. That is, it would be a despotism or tyranny.
If people are comparable in power or can form social, political and economic groups that are comparable in power, then liberty for all would be possible—individuals and groups would be able to resist the encroachments of others. Unions, for example, could be formed to offset the power of corporations. Not surprisingly, stable societies are able to build such balances of power to avoid the slide into despotism and then to chaos. Stable societies also have governments that endeavor to protect the liberties of everyone by placing limits on how much people can inflict their liberties on other people. As noted above, people can also be restrained by their ethics. If people and groups varied in power, yet abided by the limits of ethical behavior, then things could still go well for even the weak.
Interestingly, a balance of power might actually be disastrous. Hobbes argued that it is because people are equal in power that the state of nature is a state of war. This rests on his view that people are hedonistic egoists—that is, people are basically selfish and care not about other people.
Obviously enough, in the actual world people and groups vary greatly in power. Not surprisingly, many of the main advocates of libertarianism enjoy considerable political and economic power—they would presumably do very well in a system that removed many of the limitations upon them since they would be freer to do as they wished and the weaker people and groups would be unable to stop them.
At this point, one might insist on a third factor that is beloved by the Adam Smith crowd: rational self-interest. The usual claim is that people would limit their behavior because of the consequences arising from their actions. For example, a business that served contaminated meat would soon find itself out of business because the survivors would stop buying the meat and spread the word. As another example, an employer who used his power to compel his workers to work long hours in dangerous conditions for low pay would find that no one would be willing to work for him and would be forced to improve things to retain workers. As a third example, people would not commit misdeeds because they would be condemned or punished by vigilante justice. The invisible hand would sort things out, even if people are not good and there is a great disparity in power.
The easy and obvious reply is that this sort of system generally does not work very well—as shown by history. If there is a disparity in power, that power will be used to prevent negative consequences. For example, those who have economic power can use that power to coerce people into working for low pay and can also use that power to try to keep them from organizing to create a power that can resist this economic power. This is why, obviously enough, people like the Koch brothers oppose unions.
Interestingly, most people get that rational self-interest does not suffice to keep people from acting badly in regards to crimes such as murder, theft, extortion, assault and rape. However, there is the odd view that rational self-interest will somehow work to keep people from acting badly in other areas. This, as Hobbes would say, arises from an insufficient understanding of humans. Or is a deceit on the part of people who have the power to do wrong and get away with it.
While I do like the idea of libertarianism, a viable libertarian society would seem to require people who are predominantly ethical (and thus self-regulating) or a careful balance of power. Or, alternatively, a world in which people are rational and act from self-interest in ways that would maintain social order. This is clearly not our world.
While Aristotle was writing centuries before the rise of wearable technology, his view of moral education provides a solid foundation for the theory behind what I like to call the benign tyranny of the device. Or, if one prefers, the bearable tyranny of the wearbable.
In his Nicomachean Ethics Aristotle addressed the very practical problem of how to make people good. He was well aware that merely listening to discourses on morality would not make people good. In a very apt analogy, he noted that such people would be like invalids who listened to their doctors, but did not carry out her instructions—they will get no benefit.
His primary solution to the problem is one that is routinely endorsed and condemned today: to use the compulsive power of the state to make people behave well and thus become conditioned in that behavior. Obviously, most people are quite happy to have the state compel people to act as they would like them to act; yet equally unhappy when it comes to the state imposing on them. Aristotle was also well aware of the importance of training people from an early age—something later developed by the Nazis and Madison Avenue.
While there have been some attempts in the United States and other Western nations to use the compulsive power of the state to force people to engage in healthy practices, these have been fairly unsuccessful and are usually opposed as draconian violations of the liberty to be out of shape. While the idea of a Fitness Force chasing people around to make them exercise amuses me, I certainly would oppose such impositions on both practical and moral grounds. However, most people do need some external coercion to force them to engage in healthy behavior. Those who are well-off can hire a personal trainer and a fitness coach. Those who are less well of can appeal to the tyranny of friends who are already self-tyrannizing. However, there are many obvious problems with relying on other people. This is where the tyranny of the device comes in.
While the quantified life via electronics is in its relative infancy, there is already a multitude of devices ranging from smart fitness watches, to smart plates, to smart scales, to smart forks. All of these devices offer measurements of activities to quantify the self and most of them offer coercion ranging from annoying noises, to automatic social media posts (“today my feet did not patter, so now my ass grows fatter”), to the old school electric shock (really).
While the devices vary in their specifics, Aristotle laid out the basic requirements back when lightning was believed to come from Zeus. Aristotle noted that a person must do no wrong either with or against one’s will. In the case of fitness, this would be acting in ways contrary to health.
What is needed, according to Aristotle, is “the guidance of some intelligence or right system that has effective force.” The first part of this is that the device or app must be the “right system.” That is to say, the device must provide correct guidance in terms of health and well-being. Unfortunately, health is often ruled by fad and not actual science.
The second part of this is the matter of “effective force.” That is, the device or app must have the power to compel. Aristotle noted that individuals lacked such compulsive power, so he favored the power of law. Good law has practical wisdom and also compulsive force. However, unless the state is going to get into the business of compelling health, this option is out.
Interesting, Aristotle claims that “although people resent it when their impulses are opposed by human agents, even if they are in the right, the law causes no irritation by enjoining decent behavior.” While this seems not entirely true, he did seem to be right in that people find the law less annoying than being bossed around by individuals acting as individuals (like that bossy neighbor telling you to turn down the music).
The same could be true of devices—while being bossed around by a person (“hey fatty, you’ve had enough ice cream, get out and run some”) would annoy most people, being bossed by an app or device could be far less annoying. In fact, most people are already fully conditioned by their devices—they obey every command to pick up their smartphones and pay attention to whatever is beeping or flashing. Some people do this even when doing so puts people at risk, such as when they are driving. This certainly provides a vast ocean of psychological conditioning to tap into, but for a better cause. So, instead of mindlessly flipping through Instagram or texting words of nothingness, a person would be compelled by her digital master to exercise more, eat less crap, and get more sleep. Soon the machine tyrants will have very fit hosts to carry them around.
So, Aristotle has provided the perfect theoretical foundation for designing the tyrannical device. To recap, it needs the following features:
- Practical wisdom: the health science for the device or app needs to be correct and the guidance effective.
- Compulsive power: the device or app must be able to compel the user effectively and make them obey.
- Not too annoying: while it must have compulsive power, this power must not generate annoyance that exceeds its ability to compel.
- A cool name.
So, get to work on those devices and apps. The age of machine tyranny is not going to impose itself. At least not yet.
One interesting narrative about the riots in Baltimore involves the concept of the rule of law. Put roughly, the rule of law is the idea that the law should govern rather than the arbitrary decisions of those in power. The notion is sometimes applied to the citizens as well—namely that the citizens should follow the rule of law to resolve conflicts—as opposed to engaging in activities such as riots or vigilantism.
Thinker such as John Locke have laid out arguments as to why the rule of law is preferable to that of the state of nature. These arguments are generally persuasive, especially since Locke emphasizes the moral responsibilities of the state in regards to the good of the people. That is, he does not simply advocate obedience to whatever the laws happen to be, but requires that the laws and the leaders prove worthy of obedience. Laws or leaders that are tyrannical are not to be obeyed, but are to be defied and justly so.
Since I find Locke’s arguments appealing, it is hardly surprising that I favor rule of law—at least when the laws are good and the leaders are acting for the good of the people. When the government has moral legitimacy, the laws and the leaders have the right to expect people to follow the laws and listen to the leaders. However, when the laws or leaders violate the basic agreement (that the laws are for the good of the people and the leaders are to not be tyrants), then their legitimacy evaporates.
Some conservatives speak of the tyranny of Obama and how the Democrats wish to create a tyrannical state. Interestingly enough, they are right to be worried about tyranny. However, their timeline is in error: tyranny is already here.
John Locke provides the following definition of “tyranny”: “Tyranny is the exercise of power beyond right, which nobody can have a right to. And this is making use of the power any one has in his hands, not for the good of those who are under it, but for his own private separate advantage.”
The United States seems to meet this definition. In 2014, researchers at Princeton and Northwestern conducted a study to determine the extent to which laws reflect the views of the majority versus the interests of those in power. This study, titled “Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens” , used data gathered from 1981 to 2002.
The researchers examined about 1,800 polices from that time and matched them against the preferences expressed by three classes: the average American (50th income percentile), the affluent American (the 90th percentile of income) and the large special interest groups.
The results are hardly surprising: “The central point that emerges from our research is that economic elites and organized groups representing business interests have substantial independent impacts on US government policy, while mass-based interest groups and average citizens have little or no independent influence.”
While following these laws would be to conform to the rule of law, it would also be to embrace tyrannical laws—laws crafted for the advantage of those holding power and not the good of the people.
While the people who strike out in riots are probably unfamiliar with the research in question, they do know the obvious: they live within a political and economic system that primarily serves the “private, separate advantage” of the elite class and has little to offer them. As such, it should be no shock that some people do not embrace the rule of such law. If they are striking out against these laws and their riots are a revolt, they are revolting against what seems to be a tyrannical system. That is, one that serves the interests of the powerful few and not the good of the people. Or, to be fair to those who are critical of the riots, perhaps they are just thugs who are breaking things.
Continuing with tyranny, Locke notes that “Where-ever law ends, tyranny begins, if the law be transgressed to another’s harm; and whosoever in authority exceeds the power given him by the law, and makes use of the force he has under his command, to compass that upon the subject, which the law allows not, ceases in that to be a magistrate; and, acting without authority, may be opposed, as any other man, who by force invades the right of another.”
Sadly, this seems to accurately describe the excessive use of force against citizens by some police officers. Baltimore, as has been widely reported, has paid out millions of dollars in settlements due to the wrongful use of force by police against citizens. As people do like to point out, not all police officers are bad and there are excellent officers. However, even a cursory examination of the problems with policing in American cities shows that Locke’s definition of tyranny is routinely met. As such, it is evident that the rule of law was already broken well before the riots.
While Locke did not use this phrase, the rule of law is a two-way street and those who are charged with enforcing the law must also obey that law—otherwise it would be rather unreasonable to expect obedience from the citizens. As such, the most obvious step to restoring rule of law is to ensure that those charged with enforcing the laws are also following the laws.
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.
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.