The Abortion Line

As I write, access to abortion is facing its greatest threat in more than forty years. Attacks, some absurd and incoherent, have passed state legislatures in more than eight states and most have been signed into law. With legal challenges pending, the goal of these new bills is to attack the precedent established in Roe v. Wade. In this post, I want to take a long hard look at abortion rights, and the conversations surrounding this topic. Mostly, I want to resolve a media distortion that magnifies the divide and separates people on the issue when they are, in fact, not so far apart. The conclusion I will draw is that we are all pro-choice, only some of us want to choose for others, the rest want to choose for themselves.

From the point of view of someone entrenched in the media, abortion seems to be the most divisive issue facing America today. But the reality is very different. Consider the following timeline:

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On the left-most antipode is conception, the moment when a sperm fertilizes an egg and a single-celled life is formed. On the right is birth, when a human child would naturally evacuate its mother’s body. In between are a host of different “milestones” that have historically been associated with the abortion line. The abortion line is the point where a baby’s right to life supersedes a mother’s right to bodily autonomy. Make no mistake, every single one of us, no matter how “pro-life” or how “pro-choice”, believes in an abortion line. No “pro-choice” advocate believes in post-birth abortion (despite the current President’s hate-mongering rhetoric), just as no “pro-life” advocate believes in forced insemination in order not to waste potential babies by not creating them. These notions sound absurd to our ears precisely because we by and large agree about the abortion line, and even generally where it should fall: somewhere in the 37-week period between conception and birth.

This narrow band in the process of human beings coming into and out of existence is but a speck, and yet even the most extreme among us tend to agree that it is in this range that the abortion line must be drawn. It is our media coverage, with its over-developed sense of drama, that zooms-in, distorting the reality until these rather close theories appear extremely divided. This microscoping effect leads to hostility and even violence as near-agreement becomes vast disagreement. Its effect is so strong that as you are reading this today, you’ll probably feel the need to argue that there is no “near-agreement”.

So let me defend that position a bit. Assuming you accept the medical timeline above and my stipulative-definition of an abortion line, we might ask ourselves if it is ever acceptable to draw it before birth? I have never met a pro-life advocate who was so strongly pro-life that they believed in the forced conception of girls and women in order to prevent the loss of children who would have existed. Now, what is the reason for this? If you are “pro-life”, consistency would dictate that you must force pregnancy on “selfish” women who would allow an opportunity to reproduce simply go by through abstinence. But almost no “pro-life” people maintain this position. This is not because they are inconsistent with their beliefs or because they are really anti-sex or misogynists. It is because they draw the abortion line. Before conception, these “pro-life” advocates assume a women’s right to autonomy takes precedence over a potential life. So, for them, the conception–or slightly later–is the right place to draw the abortion line, switching the mother’s right to body autonomy under the single-celled organism’s chance to develop into a fully-developed human being.

On the other side, we can ask if it is ever acceptable to draw the abortion line after birth? I have never met a “pro-choice” advocate who was so strongly “pro-choice” that they believed in the killing of a toddler in order to free the mother from her attached responsibilities to the child. If you are “pro-choice”, consistency would dictate that a woman retain the right to abort her child indefinitely. But as before, no “pro-choice” advocates maintain this position. This is not because they are inconsistent or because they are deep-down “pro-life”. It is because they too draw the abortion line. After birth, these “pro-choice” advocates assume children’s right to life takes precedence over a woman’s right to autonomy. So, taking these arguments together we can see that both rights are emphasized by both positions and the only real question becomes where specifically to draw the abortion line.

This is consistent with the Roe v. Wade decision which held that the state had an obligation to protect both essential rights. However, the decision also punted the question of where to draw the line back to the individual states.  States have varied but most land somewhere before the third trimester. The decision elaborates a history of abortion looking for guidance from antiquity on where to draw the line. It notes that most ancients, including the Greeks and Romans, were ok with abortion, even very late. Early Christians, following an Aristotelian emphasis on form and a spiritual sense of ensouling matter, settled on the “quickening” (around 18 weeks). For them, the quickening symbolized the moment when a fetus first became “human” and was granted a soul by God, recognizable by its independent movement and human appearance. The decision also notes that even where abortion was illegal, it was not considered the same thing as murder, and often was treated by law as a misdemeanor rather than a felony.

When it comes down to it then, Roe v. Wade reflects our values quite well. It shows that both sides of the debate do respect both women’s autonomy and children’s right to life. Even meager honest reflection will reveal just how true this is. No “pro-life” advocate wants to have their or their mothers’, wives’, or daughters’ medical decision made for them by others. They believe that people should make their own medical decisions based on their own interests for themselves, perhaps with the counsel of a medical professional, but without the interference of the state. They just make an exception for unwanted pregnancies. At the same time, “pro-choice” women are hardly murderers. They do not advocate for abortions, only for women’s right to make the choice for themselves. They would not demand the right of parents who want to have a baby to abort. The argument then is really about whether or not society should be allowed to draw the line on medical intervention for individuals. On this point, I’m ardently libertarian. I don’t think society could make medical decisions for me, so it definitely shouldn’t. Arguably then, either you are for the state making your medical decisions for you (somewhere “death panels” still echos in the distance), or not. On that point, I think we are nearly universally agreed. “Pro-life” advocates then need to demonstrate why abortion is an exception to the rule, and the best grounds they have for it is a child’s right to life.

Of course, there are many other issues surrounding abortion. For example, whether outlawing it prevents abortions or just makes the abortions less safe. But where to draw the line returns again and again as the central problem. Most conservatives want to draw the line at conception, thus tying responsibility directly to sexual intercourse. This argument is often presented as assumed or scientific. “Life begins at conception” so the argument begins. However, conception is just as arbitrary a place to draw the line like any other; life may well begin when the sperm and egg are produced in the respective parents, or when the respective parents are themselves born, or on the other hand, when the fetus first begins to have the “form” of a human being, or when the independent multi-celled organism first attaches itself to the mother, forming not only what will become the baby but also the extra-bits of organic matter, like the placenta. In this final case, the blastocyte was no more the development of a future baby than it was the development of a future placenta.

Many feminists want to draw the line around the third trimester, with a few as late as pre-birth. Again these limits are not saying where we should actually draw the line, they are demarcating the arena in which an individual should be free to choose. Taken as a whole, these “pro-life” and “pro-choice” arguments are both markedly pro-choice. But what is more revealing is that they also both jointly create the window for abortion. Before conception, all of us agree that preventing the life process (as prevention or abstinence) is acceptable. After birth, all of us agree that aborting the life process is unacceptable. Thus, the political debate is one about setting boundaries, not drawing the actual line itself.

As I said, where we draw the actual line is ultimately arbitrary, which is why it is impossible to agree on it politically. What we usually argue over, but shouldn’t, is everything else that gets stirred-up in the mix. Questions of responsibility, sexual punishment, oppression, and much, much more are important questions, but not really as connected to the abortion debate as most of us would like to believe. We would all be infinitely better off if we could admit that we are very close on this issue, politically, a mere 24 weeks apart, and inside that window is where the abortion line should be drawn, with particular exceptions granted, such as in the case of medical emergencies, rape, and incest.

That would leave us free to deal with the real issue: whether society should draw the line for every woman or leave the window open for each individual woman to decide for herself. The former position is not “pro-life”. It is anti-choice. It is not about protecting life but rather about controlling it. The latter is “pro-choice”, but not pro-abortion, in the sense that it leaves women free to not abort, that is to choose life. This is why I am pro-choice. I believe that within the structures that we (nearly) universally find acceptable and where the particular choice is rather arbitrary, free choice ought to exist. So, while it is acceptable that society (both men and women) may determine the window in which the abortion line can be drawn, the actual choice of where to draw the line itself, within that window, must belong to the individual woman for herself.

Who Is Saving Up for the Future?

In the neoliberal picture of economics, it is a common assumption that workers are indirect beneficiaries from the saving and reinvestment of capitalists in their privately owned businesses. Capitalism thereby provides these laborers with jobs, income, and indeed their very lives. This notion can be found from Bernard de Mandeville (The Fable of The Bees: or, Private Vices, Publick Benefits) to Friedrich Hayek (The Fatal Conceit), and popularized in the war cry of Gordon Gekko, “Greed is… good. Greed is right, greed works.” Of course, we are not really talking about “greed” here but “savings and investment”. Put simply, the idea is that by following their own self-interests the capitalists, inadvertently and out of necessity, provide for an army of workers who would otherwise be unable to survive. This all sounds straightforward enough, but there is a problem. This argument is curved three hundred and sixty degrees.

The neoliberalism assumes that the act of saving for new capital expenditures must be the product of the lone action of the enterprises’ owners. Part of the reason for believing this is cultural. The law and most people have–without good reason, mind you–assumed that the product of an enterprise’s efforts belongs exclusively to the owners of its capital. This is the fundamental assumption of capitalism. It is from this assumption that it seems to follow that the reinvestment in an enterprise’s capital is an act of its “owners”. Another reason, more classist and derogatory, comes from a long history of intellectual’s belief that lowly wage-workers were incapable of managing money. The stereotype of the drunken field hand or dock worker embodies the sentiment. Given them more money, according to this classist logic, and they would thoughtlessly spend it on gambling games, booze, and prostitution. This prejudice lingers on centuries later the wreck of capitalist poverty created such desperate people for whom a minutes entertainment was the best they could hope for, and despite overwhelming evidence to the contrary. This is nevertheless the source but not the problem with the neoliberal argument. To see why we’ll need to examine the process of profit from sales.

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The neoliberal’s capitalist model looks something like this: the owner of the capital (material components) of an enterprise is assumed to be “owner” of the enterprise itself, and this is true whether or not they work for the company or have ever even laid eyes upon it. As the “owner” of the enterprise, they have rights that extend to the products of the enterprise’s industry. The owners of capital then, own the fruits of labor’s efforts based squarely on the strength of the assumption. As “owners”, they are at liberty to sell these items, (including service labor) for any price they can get and keep all of the profits thereof for themselves. The labor of workers has been assumed to have been contracted out, paid in advance, through fair and just negotiations, before the manufacture and sale of the “product”. The risk of a failure at the market is assumed also to belong entirely to the capitalist and is often invoked as the justification for their keeping the “surplus-value” or profit from sales, over and above the costs of production. If you accept this model, then it does follow that capitalists are saving for the future good of all of society and therefore what is good for the capitalists is the best anyone, capitalist or otherwise, can hope for.

I, obviously, do not accept a neoliberal capitalist model. Against it, I offer the following alternative: when a “product” is sold at the market the price is fixed by the consumers, that is the proceeds of the sale are ultimately set by demand for the product and have nothing whatsoever to do with the way the product was brought about. Consumers lack knowledge of production methods and set price based on relative utility over the cost of a product or service to themselves (this is the Austrian theory). But from the manufacturers’ point of view, the profit of sale comes back somewhat mysteriously, set entirely by the market, with little (including advertising) they can do to change it. It is impossible to tell from this perspective whose productive contributions made the product profitable. The labor of one person and the materials of another are so combined that both were equally necessary for there to be realized any profit at all. If we don’t just assume the capitalist tradition of arbitrarily favoring the material owners of the things in an enterprise as the legal owners of the enterprise itself (and hence its products), we would have to ask ourselves how the profits, set by the market, ought to be divided among the respective contributors to production.


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If we make the uncontroversial assumption that the rewards of group efforts ought to be shared evenly with respect to individual effort then there seems to be no reason to accept the fundamental assumption of capitalism. What gives capitalists the priority claim except for mere arbitrary tradition? And if we reject their claim, then the notion that workers owe their lives and livelihoods to capitalist’s self-interest goes right out the window; for if the profit is evenly shared then so too would be any saving and reinvestment in the capital of the enterprise. Worker’s can be seen to have been forced to save, so that money could be invested into the capital of an enterprise which they will benefit from only in the sense that the grist mill benefits from laboring because then its owners’ oil its parts. In short, if the profits are evenly shared, the savings are also.

But the stereotype persists, so that were the workers not “forced” to save, they would be very unlikely to reinvest, choosing instead to drink away their profits. I find this notion laughable, as I think of all the sodden millionaires, slurping Moet & Chandon, at some gala or another; no one accuses them of monetary impropriety. The fact is that laborers have more reason to invest in a company they own and work at than either an investor or an employee. The point here is that seen my way, the saving-act is really just as or even more legitimately an effort of laborers. We could view and should view laborers as the legitimate owners of the product, and so they either should have been paid more for their labor or they forwent the enjoyment of that income to invest it in the enterprises’ capital. It’s the assumption that capitalists should be considered the rightful owners of the products of industry and not all the members of that company that makes the neoliberal argument circular. The neoliberal cannot both assume the ownership of the products and use that assumption to justify the ownership of the means of production. This argument fails to prove that it is the capitalist who is really providing for the livelihood of the workers. It may just turn out that it is the workers who are really saving the money thus providing not only for themselves but all of the capitalist’s excessive wealth in addition.


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It would surprise few on the left to learn that a similar kind of argument was used in defense of slavery in antebellum America. The idea was that slaves, being nearly as dumb as animals, couldn’t be expected to provide for themselves outside their native habitats. Being now caught up in an “extended order” (to use Hayek’s term for a society where almost none provide everything for themselves a bit anachronistically) they would not be able to survive without the slave-masters to provide for them. They owe their livelihoods and their very lives to the master’s efforts. So, the well-intended sympathies of intellectual elites and moralists who would abolish slavery can’t see that they would destroy the very material foundations that made the slave’s lives possible in the first place. But we know better today! It was not the slaves who depended on the masters’ benevolence for their livelihood, it was the masters who depended on the slave’s labors for theirs. It was mere contrivance that–like a funhouse mirror–makes it appear upside-down. Sadly, the “funhouse” is the “courthouse” and the “mirror of distortion” is the “law”.

The neoliberal argument pits an ideological morality against a supposed material economic necessity but is itself a reversal of the truth. The ideological morality is an empty vision that all too conveniently enables the mechanisms of economic oppression. The material economic necessity is built with the sweat of labor. The laborers provide the material necessity and the capitalists appropriate the excess with ideological morality.


To save money is exactly the same thing as to earn money, profit is savings and savings is profit, from an individual point of view. It is only when we consider society as a whole that we can see that the two are not the same. This Keynesian insight has largely been forgotten, but it plays a role both in the need to establish a guaranteed income and in arguing against the neoliberal conception of capitalism.

Marx wrote: “Political economy, the science of wealth, is, therefore, at the same time, the science of renunciation, of privation and of saving, which actually succeeds in depriving man of fresh air and of physical activity. This science of a marvelous industry is at the same time the science of asceticism. Its true ideal is the ascetic but usurious miser and the ascetic but productive slave… The less you eat, drink, buy books, go to the theatre or to balls, or to the public house, and the less you think, love, theorize, sing, paint, fence, etc. the more you will be able to save and the greater will become your treasure which neither moth nor rust will corrupt–your capital. The less you are, the less you express your life, the more you have, the greater is your alienated life and the greater is the savings of your alienated being. Everything which the economist takes from you in the way of life and humanity, he restores to you in the form of money and wealth.” (Marx’s Concept of Man, 144)

If the saving that enables both the reinvestment and the profits of the wealthy is, in fact, a forced saving on labor, then they are the “ascetic but productive slave” Marx mentions. And as I said above, the strength of the neoliberal argument for savings is carried entirely by assumption. We need only ask ourselves, by what right can capitalist’s claim ownership if we do not accept the neoliberal argument from tradition? Here I think is where the argument for private property ownership laid out in Locke, based on both a need for exclusive use and expenditure of labor to acquire comes into play. It is from this justification that we can see the neoliberal assumption to be false. And what is more, it not only reveals the assumption to be false but proves that it is laborers that are or could be the true owners of the means of production. They alone could meet both of the necessary conditions for private property ownership.

 

The Philosophy of Politics

Politics is a broad term. It is often used to describe everything from being an asshole on the internet to being a statesman and nation founder. It is denigrated and revered, usually at the same time. This post is my attempt to create some clarity around the question: what is politics? I do not want to give a hackneyed definition, such as a litany of the term’s historical development or a cross-reference of modern usages of the term. What I want to do is identify and explore the different ways people talk about politics, so that we can perhaps begin to understand when we are talking about different things that all fit loosely under the umbrella of politics.

To this end, I conceive of four approaches to politics that I feel need to be sketched out. Listing them from the most abstract to the most concrete, we have: “the political”, “political architecture”, “politics”, and finally “realpolitik”. The four share a concern for group identity, shared ideology, group direction, shared responsibility, and group action. But each takes a particular concern as paramount. I should be understood that all four of these ways of talking about politics are necessary at particular times and all are vital to a culture of flourishing political debate. All four must see their particular concerns addressed in order for a society to resolve an issue. To solve a political problem in three of the four ways is not to solve it at all. Hopefully, this will be clearer after I introduce the differences between them in greater detail.


The Political

By far the most abstract is a sort of metaphysics of politics; the concept of the political as Carl Schmitt saw it. Its primary focus is on how to create and maintain group unity. Imagine a Maslowian hierarchy of political needs, the political is the base. It is the formation of a group, who counts as its members, who are responsible for its duties, who are the beneficiaries of its privileges, but most importantly can the group maintain itself in its given formation? i.e. is it able to cohere? Schmitt elaborated the primary action of the political as determining the friend/enemy distinction. It is the establishment of an “us” by the identification of a “them” which we are not and do not like. Us and those like us, are friends and those unlike us are enemies. This relationship is primary and will determine how we treat others in our sphere of influence.

For example, what is the role of poor blacks in the USA? Are they really citizens? Do we (white America) have an obligation to treat them as citizens, that is to treat them just like us? Are they accretions upon the body politic? Enemies, who may be used for labor and discarded? What we say and what we do will be partially determined by whether or not we really consider them just like us?

Schmitt’s distinction is but one way to affect unity, others included shared economic benefit, shared culture/language, simple homeostasis, and—on small scales—kinship (and possibility others). There are many ways group identity can form and dissolve, but at the base, without group identity, there are no more political questions to even ask. To call a group of people a society, of any kind, is to assume the kind of political connection discussed under the concept of the political.


Political Architecture

The second most abstract topic of political discussion is what I have termed political architecture; which we might define as the organization and arrangement of power structures and institutions in a given society. The focus of political architecture is largely on how to effectively and efficiently deploy the power that comes from “group effort”. The many battles over the “rationality” of politics, from Carl Schmitt to Michael Oakeshott, fall under this category. Political architecture deals in terms of democracy, monarchy, aristocracy, and anarchy. Its terms are those of organization and arrangement, law and principle, government and property. As well as terms of design, such as the separation of powers, the nature of sovereignty, how to affect the popular will, and much more. This is the realm of order, harmony, stability, and security.

By far the most important question of political architecture is striking the balance between liberty and equality. Always with an eye to the necessity of maintaining group cohesion, a political architecture cannot go too far afield in either direction. We cannot even conceive of a polity where there are but one abusive tyrant and a whole mightly population of abused subjects. This is because such an arrangement is unstable, it will tip over into chaos, despite the many horrors chaos brings. 

The goal of political architecture is to establish the minimum number of institutions to effect relative and fair equality. The “minimum number” preserves freedom, while the institutions protect the equality vital to group cohesion. All the grand schemes of political arrangement and political economy are attempts to find the balance in whatever situation a group of people happens to find themselves. It is important to note that, no one solution is right for all situations and so political arrangments and political economies, to remain stable would change with the situation.


Politics

The third most abstract is what we could call politics proper, i.e. the traditional idea of politics, as it was held by the ancients. This type of politics deals with the human condition, the current situation, economic need, justice, balancing the needs of the people, and much, much more. The primary focus in standard politics is deciding where to direct our group resources and energy and when, where, how, and—most importantly—why to use the power of group unity, including the institutions that harness and focus that power. This includes the creation and enforcement of policy, the allocation of resources, declaring and fighting wars, and the settlement of inter-member disputes. It always has an eye towards the maintenance of unity, but its concerns are particular and practical, unlike the general and theoretical concerns of political architecture. 


Realpolitik

The least abstract, or most “real” approach to politics, goes by the label realpolitik. This approach focuses on the effective use of the existing power structures to achieve desired ends among the rival choices of politics proper. This is the aspect of politics that is the most disreputable and deals with the strategies of sub-unities or factions to attain control of the power of group effort and use it to better their own situation. The strategic maneuvering of realpolitik is limited only by the prevailing political architecture and the constant pressure to retain group unity. When unity fails, it’s always factional strife behind the dissolution.

The goal of realpolitik is managing logistics. How do we actually get the job done? The proverb of the mice who decided to hang a bell around the cat’s neck but cannot decide on who will attempt the feat is a question of realpolitik. The best-laid plans of a presidential candidate mean nothing if they lose the election. Winning elections then are just as important as making decisions, if that is what the political architecture calls for. This, of course, brings up the ugly business of gaming politics: gerrymandering, suppressing votes or buying them, and much, much more. This also includes the political and economic viability of enforcing the ideals and decisions of the other forms of political conversation.


All four approaches impact others and affect them in particular and limited ways. Some can be used to delimit and control others to some extent, but all four are always present and necessary in every polity. There is a strong relationship between the political and politics proper, and between political architecture and realpolitik. The former pair creates unity and maintains it in a real, concrete way. The latter pair prevents abuse of unity while managing to get needs met and actions accomplished.

The political and political architecture constitutes the realm of political theory or political philosophy, as they form the primary assumptions upon which all other political decisions are based. These two deal with the possible and the impossible. Politics and realpolitik are better informed by political science as they deal in the observable world of the probable and the improbable. Let me reiterate that there is no conflict between these aspects, merely different goals.

Beyond all four aspects lies the realm of ethics, in two distinct senses. First as virtue ethics, which instills in the individual the skills and abilities to get along well in a given political arrangement and culture, and then pure ethics, including the ethics of care, which hope to determine individual actions about what is to be done in the concrete situation. Ethics are not politics, but they do relate to it because they form the preconditions and boundaries of politics. Ethics is to politics as wood is to a table. A table is made from some substance, but the essential “tableness” of the table has nothing to do with which particular substance that it is formed from. Ethics then can disagree with our politics, that is the two can be in discord so that realities do not match ideals, or they may try to agree with political consideration so that either the individual or the polity itself must be changed into harmony. This is because all forms of ethics deal with the individual and politics deal with groups.

Murder by Libertarianism

I’ve written more and more in-depth on the problems with libertarianism before, but in this post, I’d like to delve into a specific absurdity of libertarianism. Let me start by summarizing Nozick’s understanding of why he feels there is no exploitation in economics. He argues that people cannot be faulted for taking actions that limit the opportunities of others even beyond the point that some of those others have intolerable lives. The implication is that, while unfortunate, these people’s misery is justly derived and nothing should be done to alleviate it because any form of redistributive justice would assault the rights of the beneficiaries and thereby, be unjust.

In a section of his magnum opus, Anarchy, State, and Utopia, where Nozick discusses capitalism and force, he claims that what limits the choices determines whether or not an act is voluntary. He further claims that when choices are limited by other peoples’ rightful actions, the remaining choice is “voluntary”, even if it is limited to a single option. He helpfully provides a concrete example of his position: imagine 26 pairings of marriage partners A-Z and A1-Z1, so that A1 is the most desirable for all letters and A is the most desirable for all primes, B1 and B are the second most desirable, and so on through the list, so that Z1 and Z are the least desirable in each group. Naturally, we could assume that A and A1 would get together, thus delimiting the options of all the rest by removing themselves as available options. Sure, B1 would like to get with A, and B would like to get with A1, but they simply do not have that option. The actions of A and A1 getting together limits the actions of all the others but is just. By rational extension, B and B1 get together, C and C1, etc., until we reach Z and Z1. In this case, Z and Z1 have no choice but to marry each other or remain single. Nozick asks, have they been forced to make this decision or is it still voluntary on the part of Z and Z1? 

Nozick’s point is not that the situation is not unfortunate for Z and Z1, but that the only alternative, forcing one of the other couples to not get married or give up their chosen partner to make the situation of Z or Z1 better, is worse. In this Nozick is right, however, that’s not the whole story. Nozick has chosen a rather disanalogous example. Z and Z1 are of course free not to marry without being harmed. Would the situation be different if they would be killed if they did not marry? Would a threat of death be enough to change the ethics of the analogy?

Imagine the same situation except for this time a dictator threatens each couple with execution if they do not agree to choose any mate. Would there be a violation of rights? I imagine Nozick would say yes, it is the dictator who violates the rights of the couples. But let us tweak the situation slightly again, and this time say that the dictator will only provide food to those individuals who agree to marry so that if they do not, they will starve to death. Here, you are free to choose the harm, but the question becomes is it within the rights of a dictator to choose how food is distributed? Again, Nozick would probably argue it is not. However, if the dictator choosing how food is distributed is a violation of individual’s rights then would it be less so for the dictator to decide to distribute food on the grounds of who worked to produce it? If the dictator doesn’t have the right to choose the one method, they do not have the right to choose any. Let me try one more tweak before we quit this example: imagine this time instead of a dictator, we imagine an incredibly wealthy individual, who gained his wealth through entirely justified means. This individual has had his love rejected by you and as a result, he has made it his life’s goal to revenge himself on your romantic endeavors. Towards this end, every time you have fallen in love, he has paid off your would-be lover to quit you so that you are never able to marry. Would this still be just according to libertarianism?

I think it must be! It meets all the libertarian criteria for “voluntary” action. The spurned suitor has the right to spend their money as they like, and the would-be lovers have the right to break off with you in exchange for his money. It may seem unfair to you, but it is not unjust according to libertarianism. It would be a breach of justice to protect your happiness by interfering in the rights of the spurned suitor. But if this is justice, would it be different if the actions were deadly? This time imagine the same rich individual, except now he’s decided to escalate matters and take your life. In this case, every time you go to buy food to feed yourself, he offers the food purveyors more money to sell it to him instead. This is well within his rights. He is simply buying food. Since he has a right to do with his money as he pleases and the money is indubitably his, and purveyors have every right to get the best price for their food, all the transactions are therefore legitimate. Through the exercise of his rights, the spurned suitor is able to prevent you from buying any food, effectively and willfully starving you to death.

The Nozickian libertarian must conclude that it would be perfectly just for the rich man to starve you in this manner. This reductio ad absurdum comes about because libertarianism insists that the government cannot take any action to prevent your death as long as the agent of your death were legitimate in their actions preventing you from getting any food for a long enough period of time to intentionally cause your death. The fact that this scenario is highly unlikely is immaterial. The point here is that libertarianism allows such absurdities as part of its ethical ideology.

The fact that the spurned suitor is not buying the food to use, but merely to prevent you from having it is also immaterial. This could only be seen as a violation of your rights if and only if we observe something like the troublesome Lockean proviso that forbids ownership in the event that there is not “as good and enough left over” for others. I will spare the details of Nozick’s treatment of this proviso, except to say that he doesn’t explicitly reject the proviso; he merely points out the unsatisfactory nature of it as a solution. Sadly for libertarians, there seems to be no alternative. They are forced into a dilemma between accepting a dangerously unsatisfactory proviso or uncomfortably admitting that there are ways in which it is permissible to intentionally murder another individual under the ethical framework provided by libertarianism.

If you accept my argument, it is but a small step to the idea that there are other places where libertarianism leaves gaping holes in its ethics. I am perfectly willing to suggest that at least one such hole is its treatment of owner/laborer negotiations under capitalism. It’s entirely keeping with Nozick’s premise that if the situation is unacceptable in an individual instance it is equally unacceptable at larger scales so that the reductio ad absurdum given above is sufficient to condemn libertarianism altogether.

However, as I do not agree with his premise, I will not offer such an argument here. Instead, I would want to show that the situation is no better on a large scale. The ultimate condemnation of libertarianism comes from the fact that it can be found absurd both individually and socially. Imagine a situation in which a rich man, goes on accumulating through legitimate means until the whole of the Earth is their exclusive property. This, when combined with the minimal state and without the Lockean proviso, would create an autocratic libertarian nightmare. Such leverage would make all life entirely dependent on the will of this libertarian autocrat, annihilating the possibility of free choice since one would have to “voluntarily” agree to whatever the autocrat asks of them or die or watch their family die, or both, or worse. At this point the difference between the worst kind of authoritarianism and libertarianism vanishes and the two become identical. Libertarianism requires only that the autocrat has derived his total leverage via “legitimate” means. So on this scale too, libertarianism could justify absurdities.

I obviously believe that it is a failing of libertarian ideology that it can be used to justify totalitarianism. A zealot of the ideology could always argue that libertarianism is correct despite such arguments and the unlikeliness of such extreme situations reinforces this view. But I am not one to follow absurd ideas. On the other hand, this condemnation of libertarianism should not be read as a suggestion that governments can or should dictate all aspects of individual life. It only suggests that there are times when society has the right to intervene in the lives of its members. Freedom is not always the best policy, although it is generally the best policy. There are the places where we slip beyond the ethical into the political, and such places are blind spots for libertarians. It is in these places, however, that libertarianism must give way to libertarian socialism if it is to retain the aspect of justice.

 

Is Philosophy a Relevant Degree Anymore?

I was asked by a student recently, “is a philosophy degree relevant anymore?”  I had to think about it seriously.  As someone who just earned a master’s degree in philosophy and is seriously considering a doctorate degree, and as someone who loves reading philosophy whenever time permits and writing an involved philosophy blog, I’m inclined to say yes. But what kind of a philosopher would I be if I didn’t at least try to argue both sides? So, I thought about it a little bit more. As someone who is currently struggling to find paying work, struggling to be published, to have my hard-earned thoughts and ideas taken seriously, I am inclined to say, “not really”.

I mean if the point of an education is limited to the sole criteria of finding better pay for your labor… then no, philosophy is a total waste of your time. It’s too generic, too esoteric, too out of step with the demands of employers. Think about it: would you hire someone who liked to think for themselves but lacked the specific training for the job you need them to do OR someone who was very well-trained in the specific functions you need from them, even if they lack much on-their-feet creativity. With the exceptions of the highest level jobs, those vanishingly few decision-making positions that cannot be broken down into simpler tasks because they are big-picture oriented, most employers would rather have the latter.

But that thought brought me to the real value of philosophy.  Philosophy’s place in education is to question the fundamental assumptions undergirding every field of human inquiry.  From mathematics to art and from physics to social psychology, whenever the question turns from the specific to the general assumptions, we turn from the discipline itself to philosophy. Everything else that philosophy teaches comes, part and parcel, with the specialized disciplines themselves and there is no need to teach them separately.

Science, as we know it today, was known to our predecessors as “natural philosophy”, that is a branch of philosophy where we can put things to the test, the inductive test. The methodology of science is not only rooted in the history of philosophy, but it is also philosophy itself. The philosophy of science, I might add, is ever in the process of being redefined by those the philosophers of science. The rift between physicists and metaphysicians is a strange one to behold. It reveals something of self-ignorance of scientists to watch Neil deGrasse Tyson miss the role of philosophy on Twitter. The two have more in common than either imagines. Science is after all but a branch of philosophy that deals with the empirical. It represents the body of empirical knowledge about a given field of inquiry. Its methods are still philosophic in origin and still being refined in philosophy. The assurances of science are always subject to a priori justification because it’s entire methodology relies on just such reasoning. No matter how “hard” the science, it is bound by the principles of abduction (regarding the formation of hypothesis), deduction (internal consistency of a theory), and induction (matching observation) as are all other branches of philosophy.

Mathematics too, it may shock some to realize, is just another tributary of the river of philosophy. More accurately, it is a branch of another tributary, namely logic. Math, in its purest form, is entirely a priori after all. If math is really logic and logic is really philosophy then so goes all forms of number crunching, from accounting to statistics.  The most theoretical mathematicians are more like philosophers than many philosophers who style themselves more like analysts and psychologists. These mathematicians question the nature of numbers themselves and begin their analysis from axioms, which they sometimes have to generate from nothing, precisely like the premises of a political theorist or aesthetician.

So what does this say about philosophy’s relevance in today’s overly-specialized and capitalist-driven academic world? Well, mostly it says that students who don’t study philosophy lack the capacity to critically examine their own discipline’s fundamental assumptions. Worse still, they lack the creativity to restructure their respective discipline’s fundamental assumptions after they tear them down. This is not to say that they can’t work critically and creatively in their field, but that what is missing is an external view of their field, one in context with the nature of reality and the whole of human inquiry. What is missing is the big picture in the specialized perspective. The specialization of fields of study leads to nothing less than a tunnel vision that blinds a discipline’s leading experts from advancing the field in general or even pushing it in a deviant direction.

Again, I’m not talking about making sure law school’s teach ethics or making budding biologists learn Venn diagrams. I’m talking about teaching human beings how to see a picture as a picture and not theorizing endlessly about whatever the picture depicts. The tendency today is to hyper-focus on the specifics, the thing depicted, and to utterly ignore the view of the picture as a picture. The danger of this method is that without being able to recognize a picture as a picture, you can’t really ever see it as anything else, even when it is, in fact, something else. No doubt the sciences would continue without philosophy, but their progress would retard, stop, or even–in our current political climate–retrograde.

Sadly, many intro philosophy courses misguidedly teach the general body of students either an overview of the history of philosophy or a survey of philosophic topics. One might be better off taking a critical thinking course, but you might not either, as many critical thinking courses are taught like diluted versions of deductive logic. It’s not the student’s fault if they can’t find value in classes which will offer them little to nothing in their later disciplines and careers. Neither is the administration erring to remove such classes from the general requirement. That some philosophy class ought to be required for any student hoping to earn even an associate’s degree I think goes without saying, but what kind of class should philosophers be offering to the next generation of scholars, business people, and professionals? A history of metaphysics? Formal logic? Theories of epistemology? 

I’m reminded here of the growing millennial disdain for irrelevant high school education, stressing the Pythagorean theorem but failing to teach how to do your taxes. This stress on teaching the objectively measurable over teaching the necessary, the useful, and the beneficial has become the hallmark of modern American education, both public and private. We’ll spend ten years teaching children arcane mathematics but we won’t spend ten minutes teaching them how to have a healthy relationship, how to debate politically, and how to see the world from another’s perspective. And the reason is simply that teaching children how to live a good life is never a value to the people who hope to use these kid’s labor, but them knowing arcane math at least could be.

Philosophy departments across the United States, afraid of dwindling enrollments and/or the looming removal of their classes from their university’s general requirement, may wish to reconsider what philosophy really is and what it really has to offer students outside of the department itself. I say, save the history of philosophy for the majors and minors and even the examination of the interesting topics like metaphysics and epistemology for the upperclassmen. Let’s forget ethics, politics, and ontology, let’s leave Stoicism, Platonism, Modernism, and Post-modernism on the shelf, and instead, teach logic, ethics, and self-examination.

By logic, I don’t mean the dusty old formal deduction. I mean logic like Aristotle meant logic. I mean logic, like thinking and speaking clearly, with a dedication to finding the truth. By ethics, I mean teaching students to question their fundamental assumptions, to challenge themselves to rise above their own perspectives, and to see everything in this world as something they can and ought to fully engage with before they judge it. By self-examination, I mean the looking critically at our ontology, I mean cultural analysis that questions all the other factors that shape our being. I wish I had a more specific solution, but I have faith in the unwavering creativity of my peers. The gauntlet to save philosophy has been thrown at our feet, it is the mission of philosophers to save themselves.

Truth, Lies, & Alternative Facts

With the publishing of Robert Mueller’s long-awaited report, I felt it apropos to revisit the concept of “alternative facts”. Specifically, where exactly it fits in the realm of truthiness. What is it that makes a fact, a fact anyway? And can a fact have alternatives and still be a fact? This is worth spending at least a little time discussing, but first I should provide a meager background on the phrase.

The term “alternative facts” is the brainchild of Kellyanne Conway, Counsel to President Donald Trump, and his chief fixer. The phrase made its debut in 2017 in a Meet the Press interview with host Chuck Todd. Conway is recorded saying, “Our press secretary, Sean Spicer, gave alternative facts to [these claims], but the point remains that…”. The claims in question were media blowback over President Trump’s press secretary, Sean Spicer’s earlier claim that Trump’s 2017 inauguration was the “largest audience to ever witness an inauguration – period – both in person and around the globe.” The data he cited favoring Trump’s immense crowd-size was uncited and seems to be entirely fabricated. All evidence suggests that the crowd size was smaller than Obama’s second inauguration and only two-fifths the size of his first inauguration. When confronted by Todd, who asked why Spicer would produce such a “provable falsehood”, Conway defined Spicer’s position as an alternative fact as opposed to falsehood. Conway continues to defend the usage of the term, which she defines as “additional facts and alternative information”.

Aristotle was the first to discuss the logical law of the excluded middle, which states that between two mutually exclusive terms, there is no middle. For the case in hand, there is no middle term between true and untrue; we have no quasi-true. Alternative facts certainly seems like it is trying to open up some middle ground between true and false. But we should be careful here, because over time things may be true by turns or in complex situations, partially true and partially false. The law of the excluded middle applies only to fixed statements. Conway’s definition of additional facts and alternative information could be just fine if the statement in question is not fixed. For example, if we base our assessment of inauguration crowd size on the number of DC Metro riders, then it appears that Spicer was lying, but if other sources of data are used or taken into account then the statement is not fixed. The problem for Spicer and Conway is that they never specified what data they were using to make their claim. The DC Metro riders are cited because that is the source for Spicer’s claim that Obama had a crowd of 317,000 in 2013. But that same source would put Trump’s crowd at 193,000. So, it is likely then that Spicer was using alternative data, if he was using data at all, and Conway was being legitimate in her defense of him.

However, there is still a good deal of duplicity here. The first is Spicer’s and the second is Conway’s. Even if alternative data was being used to support Spicer’s crowd assessment of 420,000 it is duplicitous to compare crowd-size using different counting methods. Problems abound, but let’s focus solely on the problem where one estimate might be grossly less reliable than the other. Imagine if Spicer used DC Metro ridership for Obama and his best friend’s gut feeling for Trump. This would be an alternative source of data and a fact as far as Spicer’s friend really had a gut feeling that there were 420,000 people at Trump’s inauguration, but the unreliability of “gut feelings” in general make this claim highly dubious and by not revealing the source, a propagandistic manipulation of the highest order. 

But it is Conway’s duplicity that should really concern us. And the word that ought to really concern us is “fact”, not “alternative”. The existence of alternative facts does not entail that we are in a post-truth era. Alternative facts, as Chuck Todd said of them at their birth, are not facts! In Conway’s terms, they are alternative theories of the interpretation of experience. Alternative interpretations have been around for millennia, and they make up a large part of what we consider to be the process of attaining truth. A “fact” on the other hand is something we all agree is true, in other words, there is a little dispute. And therein lies the problem with Conway’s phrase, for in order to be alternative it must not be a fact, and in order to be a fact it must not have a likely alternative.

It’s clear that Conway’s invention of the term is politically motivated and propagandistic. What she was trying to achieve is to give more substance to Spicer’s claim that saying alternative theory or alternative data, both of which would require further proof. To claim an alternative fact is to claim victory for a competing theory at the same moment it is being introduced. In fact, it is to claim victory merely by introducing an alternative theory. Such action is surely not reasonable, logical, interested in the truth, or honest. It is a win-at-all-costs, manipulative, lying form of sophistry. This is difficult to reconcile with Conway’s insistence that alternative facts are opposed to falsehoods, for it is the truth that is opposed to falsehoods and alternative theories are not necessarily true.

This sadly has become par for the course in the Trump administration. Instances of claiming victory while the situation is very much in doubt are rampant. Alternative facts are just one form of this premature celebration. Its as though Trump and those closest to him believe that acting confident is the same thing as being confident; that if you just pretend hard enough it will become true. But this is not the way the world works. Wishful-thinking is not science, down is not up, and there are no alternative facts.