Category Archives: Ethical Issues

Why Do Horrid People Have Rights? (Part II)

In Part I, I showed that justifying liberty rights on the grounds that we need them to pursue eudaimonia fails to show why people who are incapable of pursuing eudaimonia have liberty rights. Here I will ask if a less ambitious justification can include the excluded people.

According to Loren Lomasky, most of us are project-pursuers (CE*), setting long-term goals for ourselves and creating personal value. Personal projects give our lives structure and meaning. Indeed, they are part of our very identity (CE*). Lomasky argues that it is this that endows each project-pursuer with a separate, irreplaceable value, and grounds rights.

However, according to Lomasky, it is not only project-pursuers who have rights. Some non-project-pursuers have rights by virtue of their membership in the moral community of project-pursuers who have “the rational motivation … to recognize and respond to” non-project-pursuers (199). This is why those born so mentally incapacitated that they will never pursue projects, as well as those who can no longer pursue projects on account of dementia, have rights. They are proper objects for “the respect of others” (199). All these individuals ‘piggyback’ on the status of project-pursuers as rights holders. If the vast majority of human beings were not project-pursuers, no one would have rights.

So there are two bases for ascribing rights to people: project-pursuit and membership in a community of project-pursuers. This argument, if sound, justifies the ascription of rights to far more people than the eudaimonistic argument. In addition to those who will never pursue projects and those who can no longer do so because of dementia, it also allows hopeless addicts to count as rights-bearers. But it leaves the fate of the psychopath and the vicious man in limbo. Full-fledged psychopaths are not and never were project-pursuers because they don’t have long-term goals. One of the most enduring traits of a full-fledged psychopath is his impulsivity – giving in to the desire of the moment. Hervey Cleckley observes that the “[full] psychopath shows a striking inability to follow any sort of life plan consistently, whether it be … good or evil. He does not maintain an effort toward any far goal at all. … On the contrary, he seems to go out of his way to make a failure of life…. At the behest of trivial impulses he repeatedly addresses himself directly to folly” (CE*) (364). 

Is the psychopath a member of the moral community of project-pursuers? If being a member simply means ‘living in society’, then of course he’s a member of the moral community. But if it means that he is recognizable as “a proper object for the respect of others” (199, my italics), then he is not, since he inflicts harm and psychological pain on family members and strangers without guilt.[1] It seems that neither of Lomasky’s arguments can justify ascribing rights to a psychopath. Yet we do think that he has a right to liberty unless or until he violates someone’s rights.

The vicious man described in Part I, whose supreme joy lies in seeing others suffer, but who is smart enough not to violate others’ rights, poses a different problem. He does have a project: the project of making others suffer. This project might give meaning and structure to the vicious man’s life, but its meaning for others is completely negative. Hence he, too, is not a proper object of our respect. The same applies to other varieties of anti-social personalities. Yet we do think that they ought to live free so long as they don’t violate anyone’s rights.

We are either wrong to believe that full-fledged psychopaths (who, by their nature, cannot become project-pursuers), vicious people (whose projects are intentionally inimical to other people’s projects), and anti-social personalities have liberty rights, or we have to look for a different justification.

Let’s start by asking why we might not want such people to have liberty rights. The main reason is that they inflict misery on others without rhyme or reason. But we don’t have a right against misery, because such a right would conflict with many of our liberty rights. It is morally wrong to be a treacherous lover, an unjust boss, a hateful neighbor, a domineering parent, or a nasty teen, but we all have a right to be thus. A right against misery would also conflict with our liberty to behave in perfectly decent ways, because even decent behavior can be a source of misery for some. For example, a young woman who marries someone with the ‘wrong’ politics, religion, or skin color can make her parents miserable. So if the parents had a right to be protected from misery, it would follow that their daughter did not have a right to marry the person she wants. Again, a son’s decision to become a businessman, instead of a musician like his father, might make his father miserable. But the father’s right against misery would mean that the son does not have a right to become a businessman. As these examples show, a right against misery can be self-defeating, since A’s lack of liberty to inflict misery on B is often B’s liberty to inflict misery on A. The idea that we have a right to be protected from misery opens wide the door to government overreach and a violation of many of our rights. It invites the government to become a predator instead of a protector. If we are made miserable by others’ behavior, we need to rely on friends, relatives, or psychologists for support. So psychopaths and other trouble-makers can’t be denied their liberties on the grounds that they make us miserable.

But what is it about them that grounds their rights? The only answer is that, for all their badness, many psychopaths, vicious people, and anti-social personalities have the ability to not violate our rights, even if only for purely instrumental reasons. It is this ability that gives them a right to liberty. This answer of course applies to everyone with this ability – the virtuous as well as the vicious, and everyone in between. But in the case of everyone other than the vicious, the anti-social, and the psychopathic, we also have other reasons to regard them as rights-bearers, reasons that show the importance of rights in human life.

[1] It’s possible that what Lomasky means by ‘respect’ is simply ‘respect for us as rights holders. But that makes his argument circular: we have rights because we are proper objects of respect, and we are proper objects of respect because we have rights.

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Schools, Teachers, Parents, and a Bad Assumption

In my last post, I discussed the problems surrounding opening schools and, importantly, how we discuss them. In this post, I want to raise an issue about schooling more generally that is rarely discussed at all. I want to show how our current system encourages a false belief about parents and teachers that has pernicious results.

I begin by noting that my wife is a public school teacher and, given how Georgia is handling the pandemic, I have a clear preference for her to not teach in her school building. I also have a school age child who was, until a month ago, in a private school. The administration of that school is, I think, approaching the situation far better than most, but we still worry about both health and pedagogical risks. Thinking about both returning (or not) to school has me once again wondering about fundamental social problems—especially regarding schooling and parenting.

I think most of us are pretty bad at parenting. (Philip Larkin understood this well, but I should be clear that I think there are a huge variety of ways that we are bad at it—some are overbearing and some are entirely too loose, for opposing examples.) Worries about increased child abuse with school closures are therefore not at all surprising. On the other hand, I also think most K-12 schools are pretty bad at educating. Having served on committees for two charter schools and volunteered and watched at my son’s schools, I’ve been amazed at how unwilling school administrators can be to make use of evidence about best educational practices. (This is sometimes true even when they clearly know the evidence—in such cases, they tend to point out that they are constrained by budgets, politics, etc.) Schools don’t, in my view, offer enough music or art or time to relax, run, and breath outside. They also tend to start too early in the morning, foolishly insist children sit still and at desks, force students to maintain logs of reading, and even penalize students that read unassigned books at the wrong time. Worries about children being stifled and losing their innate curiosity because of school rules are therefore also not surprising.

Many parents are aware of problems with their children’s’ schools. Some even work to correct them. Most, though, seem to “mind their own business”—as if the education of their children were not their business. Indeed, many parents seem to think that because schools are provided and mandatory, they are themselves absolved of the responsibility for educating their children. (As schools feed and medically nurse children, parents may feel absolved of even more responsibility.) Even the best of parents tend to assume their children are being well taken care of at school. Unfortunately, too many parents assume their children are the school’s responsibility during the day. Interestingly, the pandemic helped some see that their school was not working for them. (See this interesting NY Times piece.)

I do not think any of this is surprising or unexplainable. We live in a society wherein government has encouraged parental abdication of educational responsibilities. Parents often rightly feel that they cannot opt out of government run schools. Where they can, they usually are constrained to choose either the local government school or a nearby private school. Only in some locales is there a simple and straightforward process through which you can legally educate your own child. (The option is, I think, available everywhere in the US, but with more or less red tape involved.) Encouraged is a belief that I suspect drives the problems that beset schools: that parenting and teaching are necessarily distinct and must be kept separate.

Our system of K-12 education relies on the idea that parents are not teachers. Indeed, some homeschooling parents have been condemned for thinking they could teach their own children. Parents, on this view, are supposed to feed, clothe, love, and maybe socialize children. Schools, on the other hand, provide teachers to educate children, too often including moral education (and might also provide food and healthcare for the children). And schools—or the administrators thereof (or, worse, politicians)—decide where a child will learn and how. A parent that tries to send her child to a better public school than the one closest may face jail time—because the school system decides, not the parent. (See this and this.) Parents, after all, don’t know about education.

Two problems emerge when people believe parenting and teaching are necessarily distinct. The first, I’ve discussed above: schools operate with a variety of problems and parents don’t work to change them or do so but face insurmountable difficulties in the attempt. When they don’t try, it is likely at least partly because thinking that parents aren’t teachers makes parents think teachers have an authority they do not. And, of course, they assume teachers run schools. The second problem is a corollary: because parents are led to believe schools and teachers have an authority they do not themselves possess, parents don’t think they need be active participants in their children’s education. In short, parents take less responsibility for raising their children, leaving more and more to schools. What society gets, too often, is school graduates who learn to do as they are told, conforming to societal requirements. If parents were more active, we’d get more diversity in how children are educated, resulting in many benefits (though admittedly also costs in terms of equity). I think we are seeing some of this already and hope to see more. We’d get more people contributing in more and more varied ways to society, creating more and more varied benefits for all.

In short, the all too common belief that parents and teachers are necessarily distinct lets parents off the hook for too much and grants schools too much leeway. Challenging that belief would encourage parents to challenge their children’s schools, thereby either improving the schools or having the schools lose students to other alternatives.

The pandemic has forced us to re-evaluate many things. Hopefully, one positive outcome will be a healthier view of the relationship between parenting and education–one that emphasizes parental responsibility and acknowledges the limits of career educators (especially those in what might be called “educational factories”). One might even hope that this would help make parents better at parenting.

(Conversations with my wife and with Lauren Hall, JP Messina, and Kevin Currie-Knight inspired, and helped me with, this post.)

The Quadruple Threat to America Today

America faces a quadruple threat. The four threats are related in various ways, too often mutually supporting. I am not including COVID-19, though it could easily be considered a 5th threat. My reasons for doing this are: (1) it’s a threat everywhere, in no way distinctive of American life; indeed, it would be best considered a global natural disaster; (2) it is related to the threats I do discuss; indeed, like all natural disasters, it’s impact is determined by our responses—and the other threats make bad responses more likely. I offer these for consideration as I think they must all be addressed if liberalism is to survive.

The first threat is straightforward. We might call it xenophobia or extreme in-group bias. It manifests in multiple ways, especially racism, sexism, anti-immigrant biases, and anti-semitism. This may seem to be largely confined to those on the so-called “right,” but it applies to many on the left as well. On the left, one need only think of Bernie Sanders’ anti-immigrant views or Joe Biden’s recent pro-American economic policy; on the right one need only think of talk of the “Wuhan flu” or “China flu” instead of “COVID-19”—both play on the insider/outsider distinction to blame someone else for our problems (or at least prevent outsiders from becoming insiders). Maliciously shifting the blame provides cover for those who seek to refuse to take action to limit the harm. Taking responsibility (not necessarily blame) means working to fix the problem. Many of our governments—and many individuals—refuse to do so. This, of course, is at least part of why the number of COVID cases and deaths in the US is on the rise. Like all natural disasters, how we react to it determines the overall impact it has. Of course, the Black Lives Matter movement is currently the most straightforward evidence of in-group bias, in the form of racism, as protestors correctly point out how institutional racism, especially (but not only) by way of police actions, are extremely unjust and, indeed, a matter of life and death for many. This seems to be a concern primarily of “the left,” but with leading support from libertarians (defying the standard left/right dichotomy). For those interested in that, see Radley Balko’s and Chris Coyne and Abigail Hall’s books (CE*).

The second threat is the economy, as we fail to institute a reasonable response to the COVID-19 pandemic and as we face the repercussions of widespread use of collateralized loan obligations (see this Barron’s piece and this piece in The Atlantic), much as the 2008 recession was at least partly caused by widespread use of collateralized debt obligations. Regarding the latter, it is unfortunate in the extreme that the federal government failed to learn any lessons from the collapse of the housing market bubble or its past support for big banking and the latter’s issuing of bad debt (itself encouraged as the big banks correctly realized that even if the debts really went south, they would be bailed out by taxpayers—because in the US the one thing we like to socialize is big business’s losses). Unfortunately, we may see the same thing repeat. Indeed, it may be worse since there is more invested in CLOs than there was in CDOs and the CLOs largely include commercial debt—and the pandemic is hard on many commercial enterprises. Regarding the government response to the pandemic, we can only note what has been often noted—widespread, enforced, and complete shut-downs of multiple markets may or may not help reduce spread of the disease, but would only do so at the obvious cost of making it more difficult—and more expensive—for people to get necessities. While middle and upper class professionals are often able to work from home with no or little loss in pay, many—especially those in the restaurant and entertainment businesses—cannot. At the end of the day, shutting everything down to save lives is foolhardy as it will cost lives. If markets are all closed, we won’t have food and other necessities. Those who live paycheck to paycheck (and many more) won’t be able to pay rent, etc.

The third threat is authoritarianism, partially with a populist demagogue. We now have a president who is likely more of a demagogue than any president since Andrew Jackson. Of course, he was enabled by changes to the office and the workings of the federal government over the last several decades. The expansion of presidential powers under the past several presidents—Republican and Democrat alike—enabled what we have now. The populism is perhaps as dangerous as anything else—promising voters bread and circuses is always worrisome. Those voters are often not well informed about how government works or about science. Now, of course, we see both the populism and the authoritarianism emerging from the debased Republican Party. The populism is clear in the MAGA crowd’s following their leader in insisting on not wearing masks. The authoritarianism is perhaps worse, as witnessed in federal law enforcement agencies frightening behavior in Portland—with the threat that such behavior will go national. The use of ICE and The Border Patrol Tactical Unit deep within the US Border started months ago (see this in the NYTimes) but seems to be picking up steam—ostensibly because the federal government is so worried about graffiti on federal buildings that they are unwilling to leave such crimes to local authorities. (See Jake’s great piece, which also indicates why this is also about populism.) In reality, of course, this may be merely a piece of political theater, aimed at distracting voters and rallying the president’s base. As already indicated, though, this is not an issue for the current Republican party alone. Presidents Clinton and Obama also expanded their powers while in office. And even now, we see scary authoritarianism from the left, when local authorities claim to have knowledge about what is necessary to prevent further spread of COVID-19 and claim that such knowledge justifies them forcing people to live under house arrest (see this piece about a couple in Kentucky) for refusing to sign a paper saying they would not self-quarantine (whether or not they would self-quarantine). Neither left nor right is blameless and neither seems to recognize that their actions are as scary (at least to their opponents) as those of the other side are (at least to them). Those on “the right” seem to think the Feds behavior in Portland is worthwhile because local authorities aren’t stopping looters. They seem to forget the value of federalism and the freedom of individuals that helps ensure (though they remember it clearly when it serves their interests). Those on “the left” seem to think the Kentucky authorities are doing the work needed given public health concerns. They seem to work with a reified sense of “the public” and forget the freedom of individuals that threatens (though they remember it clearly enough when it serves their interests).

The fourth threat is related to my last post. Its a dangerous lack of commitment to there being anything that is objectively true and to seeking such. Its not just our president that seems to lack any commitment to truth. Our culture is riddled with people who claim their beliefs form “their truth” which may be different from “your truth” or “my truth” but that must be treated as if of equal value. Never mind that there really are experts out there in all sorts of areas. Some believe their views of morality are as valuable as those of academics who spend their lives working out intricate details of moral theories and defending those theories against all manner of objection—though they themselves never subject their own views to criticism. (Why should they, when their view is “true to them,” whatever that means?) No wonder people now consider their views about disease transmission (and curing) as valuable as the CDC’s or Dr. Fauci’s. Or who consider their view of other countries as valuable as people who have actually travelled to or lived in those countries. Or who think their views of politics and economics as valuable as academic political scientists and economists who have been studying these things for decades? Admittedly, insisting that there is objective truth might sometimes sound dogmatic to those who feel insulted when faced with any intellectual opposition—as if insisting that a proposition is true entails rejecting any objection or evidence to the contrary, which it decidedly does not. Giving any belief its due can be considerably difficult. As Schumpter said, “To realise the relative validity of one’s convictions and yet stand for them unflinchingly, is what distinguishes a civilized man from a barbarian.” We must remain open to the possibility that we are mistaken even when we are convinced we are not—that is what genuine commitment to truth and truth seeking entails.

I’ll end by making some of the connections between the threats explicit: 

-Its easier to favor economic policies that favor the rich (2) when one thinks everyone else is “other” (1). Its easier to favor authoritarian actions (3) when one believes they are only used against people vary unlike oneself (1). Its easier to deny there is any objective truth (4) when one is constantly told those unlike oneself have different values and beliefs (1)

-Its easier to hate outsiders (1) when one mistakenly (4) think they threaten one’s own livelihood and that of those one cares about (2). It is likely easier to endorse authoritarian policies (3) if one thinks they are necessary to maintain economic stability or growth (2). (Less related to this discussion: it is apparently easier to deny there is any form of objectivity (4) if one believes that the only think that matters is subjective preferences (2).)

-Its easier to distrust or hate others (1) or to favor an economic policy (2) when blinded by an authoritarian repeatedly making false statements about them and grandstanding (3 & 4). Its easier, in general, to doubt there is any objectivity (4) when both that same authoritarian (3) and many others—including, if we are honest, many leftist college professors—encourage those doubts.

-Its easier to hate outsiders (1) when one refuses to learn about them (4). Its easier to favor an economic policy (2) when one refuses to consider objections to it (4). Its easier to favor forcing people to live as one thinks they should (3) without doing the hard work of listening to them (4).

I hope its clear we need a response to these threats. Liberalism—and the great American experiment—depend on it.

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Investigating Mr. Newton’s Residency Status is Immoral

SCOTUS recently sided with POTUS about the rights of certain immigrants who face deportation. The basic point by the court was that “neither the right of habeas corpus nor the right to due process of law requires a hearing before a judge for those turned down in their initial asylum screenings.” (See this NPR story.) I won’t comment here about the legal reasoning; this is a comment about the morality of deportations—or really, the morality of the initial acts that lead to deportations, especially those by I.C.E.

My thinking here was not spurred by the SCOTUS decision but by a line in The Man Who Fell to Earth (CE*) by Walter Tevis. For those who have neither read the book nor seen the movie (CE*), this is a story about a extraterrestrial alien who came to earth and did a fantastic amount of good for humankind—just as immigration is generally good for all humankind. (See this Economist Article, this Michael Clemens JEP article, and Bryan Caplan’s book (CE*).) The good he did was in the service of working toward helping those from his own planet, but was done peacefully—again, the norm for immigrants, who typically work for their own good or that of family in their home country, but do so peacefully. Upon his arrest, the alien—Mr. Newton—asks about the constitutional right to legal counsel. The response is startling: “you don’t have any constitutional rights. As I said we believe you are not an American citizen.” Constitutional rights only apply to citizens, we are told. Indeed, Tevis suggests, constitutional rights only apply to those whose citizenship isn’t doubted by any government officials. If a government official believes you are not a citizen, you have no constitutional rights.

I find this appalling on its own because I value morality for its own sake and only value a constitution—any constitution—if it is in accord with morality. I’d like to think all classical liberals would agree. Unfortunately, I know people with whom I am otherwise in large agreement, who do not agree. I know otherwise solid libertarians who disagree. (That shocked me when I first realized it.) Nonetheless, human persons all have value. They ought all be treated with equal respect. If a constitution suggests it’s ok to treat human persons disrespectfully, it is wrong.

My primary assertion here is simply that it is disrespectful to stop someone to accuse them of committing a crime, or even to question them about a crime, without very good reason. The question, then, is when do we have such reason? I think there are at least two requirements: First, it must be a serious crime, by which I mean someone must have been seriously harmed or be credibly threatened with serious harm. Second, the evidence must itself be both credible and persuasive to the average rational person. Absent either of these conditions being satisfied, no government official should interfere with any individual. (I mean for this to be a beefed up form of probable cause requirement.)

Turning back to deportation actions, consider that every U.S. citizen has rights and is presumed “innocent until proven guilty.” I would think that this entails that we assume those around us are innocent of the crime of entering the country illegally—or, at least assumed innocent absent the satisfaction of the two conditions indicated in the previous paragraph. But note being a resident in the US illegally will never satisfy the first of those conditions—coming into the country illegally does not on its own credibly threaten or cause any individual serious harm. (See Van der Vossen and Brennan book (CE*) and Lomasky and Teson book (CE*).) Hence, we (and the government) should assume those around us are citizens unless proven not to be. (If we do not, we assume some of our neighbors are guilty of a minor, i.e., non-serious, crime—but, again, we are supposed to be innocent until proven guilty and, more to my point, it would be a failure of respect to hassle someone about possibly having committed such a minor crime.) So we should assume that all present in the country are citizens. If we assume that, though, we don’t investigate their citizenship—we assume they are citizens. Mr. Newton shouldn’t have been investigated. He should have been thanked for all that he gave everyone else in the country. So too, we should not have I.C.E. investigate or seek out non-citizens. They should be assumed to be citizens and, indeed, thanked for what they provide the rest of us. Hence, we should not be looking to find anyone here illegally and so should not consider departing anyone.

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