The Supreme Court on Tuesday heard oral arguments in Obergfell v. Hodges, which presents the Court with an opportunity to strike down state bans on same-sex marriage once and for all. Most observers seem to think that the court will take the opportunity. The four liberal judges are taken as a given, and both Justice Kennedy and Justice Roberts arguably have obtainable votes. Kennedy, who has repeatedly departed from his conservative colleagues on gay rights issues, seemed to think that the recognition of marriage afforded a kind of dignity to a relationship, and that there wasn’t any good reason why gay couples should be denied that dignity. Chief Justice Roberts, as Andrew Koppleman points out, seemed to be considering a very easy way out: bans on same-sex marriage are sex discrimination.
The sex discrimination argument isn’t immediately apparent, but once you see it, it makes pretty good sense. Mary wants to marry Joe. So does Bob. Mary can, and Bob can’t. The only reason Bob can’t marry Joe is his sex. It’s clear, it’s tidy, and it doesn’t require anything legally novel, like declaring that being gay (or otherwise gender non-conforming) makes one a member of a “suspect class” (something like race, where members of the class have been historically the objects of “invidious discrimination;” legislation affecting them as a class is then guaranteed a higher level of judicial scrutiny). If same-sex marriage bans discriminate on the basis of sex, then they have to survive judicial strict scrutiny, and that seems pretty unlikely. For one thing, it’s not at all clear what compelling governmental interest is served by restricting marriage only to heterosexual couples. The states in question were putting their eggs in the basket that marriage is for the sake of having and raising (one’s own biological) children. As William Saletan points out, that argument makes sense in a vacuum, but if it’s true, then states ought to ban marriage by the old or the infertile. Attorneys defending the ban apparently had one of those bad-days-at-work, repeatedly falling into incoherence.
By Catarina Dutilh Novaes
The best teacher I’ve ever had in my life was my history teacher in my first year at the Lycée Claude Monet in Paris: Monsieur (Denis) Corvol. Aged 14, I had just arrived from Brazil to spend two years in France with my parents, who were on an extended research leave from their positions as medicine professors in São Paulo, Brazil. I barely spoke French upon arrival, and to say that the first months were tough is an understatement. Many of the teachers seemed to be particularly harsh on me, and one (the math teacher) said in front of everyone in class: “if you can’t solve this problem, and you obviously don’t speak French very well, I wonder what you are doing in this class”.
But there was Monsieur Corvol, whose unorthodox teaching methods included talking about a variety of topics that seemed to have no connection whatsoever with the content we were supposed to be learning (the French Revolution and so forth – for that, he told us to go read the textbook on our own). (Years later I realized he was some sort of Habermasian, emphasizing inter-subjective communication and rational discourse.) When I arrived, he spent some two or three classes talking about Brazil -- what a remarkable country it was, how much the French could learn from Brazil -- in an obvious maneuver to make me feel more welcome, and to invite my classmates to engage with me in more positive ways.
From time to time I remember Monsieur Corvol with much fondness; many of the things I heard from him for the first time still reverberate with me. One of them, which I am reminded of now with the ongoing disaster of the migrant crisis in Europe, was: “Migrants are the bravest people in the world.” Migrants are the people who have the courage to fight for a better life in a new, unknown, possibly inhospitable country; for that, they must be resourceful and determined. Lucky is the country that can count on the drive and ambition of migrants, as a wonderful recent campaign in the UK has also highlighted. The 800 people who died in the Mediterranean Sea, many of whom children, should be remembered as among the bravest people in the world.
By: Samir Chopra
In this country it is chiefly to the judiciary that is entrusted the task of preventing a discrepancy between the law as declared and as actually administered. This allocation of function has the advantage of placing the responsibility in practiced hands, subjecting its discharge to public scrutiny, and dramatizing the integrity of the law. There are, however, serious disadvantages in any system that looks to the courts as a bulwark against the lawless administration of the law. It makes the correction of abuses dependent upon the willingness and financial ability of the affected party to take his case to legislation. It has proved relatively ineffective in controlling lawless conduct by the police, this evil being in fact compounded by the tendency of lower courts to identify their mission with that of maintaining the morale of the police force. [pp. 81-82]
There is little need to emphasize the topicality or relevance of these words, originally uttered in 1964 by Fuller, during the delivery of the Storrs Lectures on Jurisprudence at Yale Law School. Still, one is almost unavoidably drawn to the last sentence of the excerpt above. The considerations raised there are especially worth revisiting. (Fuller's larger project, of course, is to argue that law-abiding behavior is better ensured by a consideration of the moral weight attached to any injunction of the law.)
In the Michael Brown and Eric Garner cases, both of which resulted in acquittals and failures to indict the police officers, it was transparent to most dispassionate observers that the judiciary did not see its work as upholding the law, as much as it saw it as supporting the police force, a 'partner' in the work it was engaged in elsewhere. Prosecutors and district attorneys work with police forces to enforce the law; they were not interested in bringing any of their 'co-workers' to justice, to subjecting them to the same standards employed on other legal subjects.
These facts are worth keeping mind when we think about the developments in the latest case of murderous policemen: the shooting, in South Carolina, of Walter Scott, an unarmed black man, supposedly for grabbing an officer's stun gun. The police officer, Michael T. Slager, who shot him in the back as he ran away--and then planted evidence, the allegedly stolen stun gun, next to Scott's body--is now facing murder charges. My first reaction to this story dipped deep into a constantly replenished well of cynicism:
My guess is, the new strategy is go ahead and indict, and avoid the fuss that will be made if you don't. You can always acquit later with the right kind of jury.
Hours have passed since I wrote the comment and I see no reason to reconsider. Video evidence--the kind that led to the formulation and pressing of the initial murder charges--has never been considered probative when it comes to assaults on black men by police. And as always, the enduring and transient members of the judiciary--like the jury--will, in all likelihood, worry more about the hit the morale of the good police officers of South Carolina, and perhaps nationwide will take. Such dangerous work, such little reward; surely these men in the line of duty, standing shoulder to shoulder with us in the administration of the law, should be forgiven their minor transgressions?
By Gordon Hull
The Affordable Care Act was in the Supreme Court again today, this time for oral argument in King v. Burwell. For those who don’t follow the ACA’s legal woes, the challenge in Burwell is this: under the ACA, states are supposed to establish exchanges where citizens can purchase healthcare on the individual market. For states that don’t want to run their own exchanges, the federal government steps up and does it for them. Healthcare is expensive, and so the federal government heavily subsidizes the premiums (on a sliding scale) for those in the middle class. However, buried in the part of the law to do with tax code, the statute says that subsidies are available for those purchasing from an exchange “established by the state.” The challenge is basically a big, fat gotcha! moment. If you say you’ll pay me back for “dinner,” and I show up with pizza and beer, then I can plausibly expect you to pay me back for both. On the other hand, if you say that you will pay me back for buying you a pizza, then I should understand that you don’t have to pay me back for beer. By the same reasoning, if the law says subsidies flow to those whose exchanges are established by “the state,” then those subsidies are not available to those whose exchanges are established by “the federal government.” Gotcha!
By: Leigh M. Johnson
If you haven't already, you should read yesterday's Stone article in the NYT by Justin McBrayer entitled "Why Our Children Don't Believe There Are Moral Facts." There, McBrayer bemoans the ubiquity of a certain configuration of the difference between "fact" and "opinion" assumed in most pre-college educational instruction (and, not insignificantly, endorsed by the Common Core curriculum). The basic presumption is that all value claims-- those that involve judgments of good and bad, right and wrong, better and worse-- are by definition "opinions" because they refer to what one "believes," in contradistinction to "facts," which are provable or disprovable, i.e., True or False. The consequence of this sort of instruction, McBrayer argues, is that our students come to us (post-secondary educators) not believing in moral facts, predisposed to reject moral realism out of hand. Though I may not be as quick to embrace the hard version of moral realism that McBrayer seems to advocate, I am deeply sympathetic with his concern. In my experience, students tend to be (what I have dubbed elsewhere on my own blog) "lazy relativists." It isn't the case, I find, that students do not believe their moral judgments are true--far from it, in fact-- but rather that they've been trained to concede that the truth of value judgments, qua "beliefs," is not demonstrable or provable. What is worse, in my view, they've also been socially- and institutionally-conditioned to think that even attempting to demonstrate/prove/argue that their moral judgments are True-- and, correspondingly, that the opposite of their judgments are False-- is trés gauche at best and, at worst, unforgivably impolitic.
By Catarina Dutilh Novaes
[UPDATE: It seems that my post is being interpreted by some as a criticism of the Charlie Hebdo collaborators. Nothing could be further from the truth; I align myself completely with their Enlightenment ideals -- so I'm intolerant too! -- and in fact deem humor to be a powerful tool to further these ideals. Moreover, perhaps it is worth stressing the obvious: their 'intolerance' does not in any way justify their barbaric execution. It is not *in any way* on a par with the intolerance of those who did not tolerate their humor and thus went on to kill them.]
I grew up in a thoroughly secular household (my father was a communist; I never had any kind of religious education). However, I did get a fair amount of exposure to religion through my grandmothers: my maternal grandmother was a practicing protestant, and my paternal grandmother was a practicing catholic. In my twenties, for a number of reasons, I became more and more drawn to Catholicism, or at least to a particular interpretation of Catholicism (with what can be described as a ‘buffet’ attitude: help yourself only to what seems appetizing to you). This led to me getting baptized, getting married in the Catholic church, and wearing a cross around my neck. (I have since then distanced myself from Catholicism, in particular since I became a mother. It became clear to me that I could not give my daughters a catholic ‘buffet’ upbringing, and that they would end up internalizing all the dogmas of this religion that I find deeply problematic.)
At the same time, upon moving to the Netherlands in the late 90s, I had been confronted with the difficult relations between this country and its large population of immigrants and their descendants sharing a Muslim background, broadly speaking. At first, it all made no sense to me, coming from a country of immigrants (Brazil) where the very concept of being a ‘second-generation immigrant’ is quite strange. Then, many years ago (something like 13 years ago, I reckon) one day in the train, I somehow started a conversation with a young man who appeared to be of Arabic descent. I don’t quite recall how the conversation started, but one thing I remember very clearly: he said to me that it made him happy to see me wearing the catholic cross around my neck. According to him, the problem with the Netherlands is the people who have no religion – no so much people who (like me at the time) had a religion different from his own.* This observation has stayed with me since.
Anyway, this long autobiographical prologue is meant to set the stage for some observations on the recent tragic events in Paris. As has been remarked by many commentators (see here, for example), the kind of humor practiced by the Charlie Hebdo cartoonists must be understood in the context of a long tradition of French political satire which is resolutely left-wing, secular, and atheist. Its origins go back at least to the 18th century; it was an integral part of the Enlightenment movement championed by people like Voltaire, who used humor to provoke social change. In particular in the context of totalitarian regimes, satire becomes an invaluable weapon.
The following open letter in support of the autonomy of the universities of the Republic of Macedonia was originally drafted by Todd May for the purposes of being circulated and gaining additional signatories. It is being published here with the names of its current subscribers. Those who wish to add their signatures are encouraged to do so in the comments. Institutional affiliations are provided solely for the purposes of identification of the individual signers and do not express any official position of the named institutions.
Those seeking more information about the situation or who wish to discuss it should read and comment on the post below this one.
I have been asked to pass along the following appeal—first circulated privately and signed by representatives of a student organization and several faculty, including noted philosopher Katerina Kolozova—concerning the situation of universities in Macedonia.
The Macedonian government is moving to institute a set of external, government administered examinations that would become the condition for granting of any university-level degree. Billed as an anti-corruption measure, this initiative is being criticized by the authors of the letter below as having the effect of ending the autonomy of the country's universities (guaranteed in the Macedonian constitution) and subjecting their core academic functions to direct political control. Similar sentiments are reflected in the following news stories about significant protests which took place last week in Skopje (here and here)—the largest in a month of protests.
The letter is reproduced below. Those with more knowldge of the situation are encouraged to add their voices in the comments.
We continue awaiting the decision of a grand jury on whether or not to indict Darren Wilson, a white police officer, who shot and killed Michael Brown, an unarmed black teenager, exactly 15 weeks ago today on a suburban street in Ferguson, Missouri. News reporters from across the globe have been camped out in Ferguson for months, their expectation of an announcement teased and disappointed several times in the last week alone. On Monday, Missouri Governor Jay Nixon declared a state of emergency and activated the National Guard in advance of the grand jury's decision. Yesterday, President Barack Obama, in what can only be judged to be an anticipation of Wilson's non-indictment, preemptively urged protesters not to use Ferguson as an "excuse for violence." In the meantime, demonstrators of various ilk remain on standby, rallying their troops, refining their organizational strategies, painting their oppositional signs, standing vigilantly at the ready for whatever may come.
But what are we waiting for, really, as we wait for Ferguson?
Posted by Leigh M. Johnson on 22 November 2014 at 14:23 in Foucault, Interdisciplinary work, Leigh M Johnson, Oh, FFS, Organizing labor, Philosophy, Political Affect, Political Economy, Political murders, Politics, Prisons, Race, (anti-)racism, race theory, Racism | Permalink | Comments (1)
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How we ought to understand the terms "civility" and "collegiality" and to what extent they can be enforced as professional norms are dominating discussions in academic journalism and the academic blogosphere right now. (So much so, in fact, that it's practically impossible for me to select among the literally hundreds of recent articles/posts and provide for you links to the most representative here.) Of course, the efficient cause of civility/collegiality debates' meteoric rise to prominence is the controversy surrounding Dr. Steven Salaita's firing (or de-hiring, depending on your read of the situation) by the University of Illinois only a month ago, but there are a host of longstanding, deeply contentious and previously seething-just-below-the-surface agendas that have been given just enough air now by the Salaita case to fan their smoldering duff into a blazing fire.
In the interest of full disclosure, I'll just note here at the start that I articulated my concerns about (and opposition to) policing norms of civility/collegiality or otherwise instituting "codes" to enforce such norms some months ago (March 2014) in a piece I co-authored with Edward Kazarian on this blog here (and reproduced on the NewAPPS site) entitled "Please do NOT revise your tone." My concern was then, as it remains still today, that instituting or policing norms of civility/collegiality is far more likely to protect objectionable behavior/speech by those who already possess the power to avoid sanction and, more importantly, is likely to further disempower those in vulnerable professional positions by effectively providing a back-door manner of sanctioning what may be their otherwise legitimately critical behaviors/speech. I'm particularly sympathetic to the recent piece "Civility is for Suckers" in Salon by David Palumbo-Liu (Stanford) who retraces the case-history of civility and free speech and concludes, rightly in my view, that "civility is in the eye of the powerful."
Posted by Leigh M. Johnson on 14 September 2014 at 16:39 in Academic freedom, Academic freedom , Adjunct faculty and hyper-exploitation, Disability Studies, Ed Kazarian, Feminism, Gender trouble, immaterial labor, the social factory, and other Autonomia notions, implicit bias, Improving the philosophy profession, Leigh M Johnson, Philosophy, Political Economy of higher education, Politics, Racism, Salaita affair, Women in philosophy | Permalink | Comments (12)
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As someone who has spent the better part of her career researching, analyzing and teaching not only about the structure and nature of oppressive power regimes, but also better and worse ways to resist or transform such regimes, I've nevertheless been unable to settle in my own mind, to my own satisfaction, my position with regard to the moral or political value of revolutionary violence. I can say that my core moral intuitions (for whatever those are worth) definitely incline me toward favoring nonviolence as a principled ethical commitment... though, over the years, I have found those intuitive inclinations fading in both intensity and persuasiveness. As a philosopher, a citizen and a moral agent, I continue to be deeply unsettled by my own ambivalence on this matter.
First, a preliminary autobiographical anecdote: I spent a year between undergraduate and gradate school in the nonprofit sector, as the Director of the M.K.Gandhi Institute for the Study of Nonviolence. (That was back in 2000, when the Gandhi Institute was still housed at Christian Brothers University in Memphis, which is now my academic home, evidencing the kind of bizarro turn-of-fate that can only be credited to some particularly clever-- or ironically humorous-- supernatural bureaucrat.) I went to the Gandhi Institute initially because nonviolence was an all-but-unquestioned moral virtue for me at the time. But, after a few years in graduate school and consistently since, the many and varied until-then-unposed questions about the moral or political legitimacy of violence pressed their way to the fore of my mind. In roughly chronological order, I'd say that the combination of (1) my first real engagement with Frantz Fanon's argument in "Concerning Violence" (from his Wretched of the Earth), the arguments by Marx (and Marxists) in various texts advocating more or less violent revolution, and Noam Chomsky's considerations of the same, (2) my extensive research into human rights violations, transitional justice and transitional democracies, postcolonial theory, feminist theory and critical race theory, which collectively constituted the subject of my dissertation, (3) the radically dramatic shift in what counts as properly-speaking "political" and/or "revolutionary" violence in the post-9/11 world and (4) my own experiences, from near and afar, with the increasing number of (threatened, proto-, aborted, defeated and/or more-or-less successful) revolutions taking place in my adult lifetime (e.g., OWS, the Arab Spring and, much closer to home and far less violent, the current and ongoing academic revolution surrounding the Salaita case), all worked together to contribute to my rethinking the merits and demerits of violence as a way of resisting/combatting/correcting oppressive, exclusionary or otherwise unjust power regimes.
Posted by Leigh M. Johnson on 05 September 2014 at 00:53 in Academic freedom, Academic freedom , anti-fascism, Disaster capitalism, immaterial labor, the social factory, and other Autonomia notions, Interdisciplinary work, Leigh M Johnson, Philosophy, Political Affect, Political Economy, Political murders, Politics, Race, (anti-)racism, race theory, Racism, War | Permalink | Comments (8)
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[Update 2: The report on which this discussion has been based is now being called into question. UIUC English Professor Ted Underwood tweets as follows: "@Ted_Underwood: Regret to say that last night's report from students appears premature. Faculty have since met with Wise, & report no change in position."]
[Update: Thanks to John Protevi for providing the correspondence address for the UIUC Board of Trustees in the comments below.]
Yesterday evening, reports began to emerge that University of Illinois at Urbana-Champaign Chancellor Phyllis Wise has forwarded Steven Salaita's appointment to the University's Board of Trustees, who will vote on it at their meeting ten days from now, on September 11th.
Obviously, this is a hopeful sign, given that the Chancellor's position until how has been to refuse to submit the appointment to the board—as Corey Robin puts the point, what amounts to a 'pocket veto.' That said, it's difficult to feel too much confidence that the process now underway is intended or should be expected to terminate in the restoration of Professor Salaita's position. Robin has spent some time parsing a couple of scenrios here; but the key thing to recognize, as John Protevi also noticed very quickly last night, is that this could easily be a move that the University is legally required to make or that it would be in its best interest to make if it wants to avoid being sued for denying Salaita due process.
Nevertheless, as Robin points out in his post, these developments also mean that those supporting the causes of academic freedom and faculty governance* in this case now have an important opportunity: ten days in which to bring maximum pressure on the Trustees to vote in favor of Salaita's appointment. In other words, the game is still on, and it must continue to be.
As I write this, at least 543 philosophers have signed our disciplinary pledge to boycott UIUC until this matter is resolved in Salaita's favor—see this post by Eric Schwitzgebel, where he explains his rationale for honoring the boycott.** Please consider adding your name if you have not yet done so. Additionally, please consider writing to the trustees directly expressing your support for Salaita's appointment, as well as your sense of the cost to the Unviersity's reputation should it fail to respect the principles of academic freedom and faculty governance in this case.
For they know they are not animals. And at the very moment when they discover their humanity, they begin to sharpen their weapons to secure its victory.
--Frantz Fanon, The Wretched of the Earth
America has been and remains an apartheid state. That sad but increasingly undeniable fact was made apparent last night in Ferguson, Missouri to a group of peaceful protesters amidst tanks, deafening LRADs, a haze of tear gas and a firestorm of rubber (and real) bullets. The other tragic fact made apparent in Ferguson last night is that America is only ever a hair's-breadth away from a police state... if we understand by "police" not a regulated body of law-enforcement peacekeepers empowered to serve and protect the citizenry, but rather a heavily-armed, extra-constitutional, militarized cadre of domestic soldiers who provoke and terrorize with impunity. Much of the time, we are able to forget or ignore these unfortunate truths about contemporary America-- and by "we" I mean our elected officials, our bureaucrats and financiers, and a lot of self-delusionally "post-racial," though really white, people-- but the mean truth of gross inequality, both de facto and de jure, remains ever-present in spite of our disavowals, simmering steadily just below the allegedly free and fair democratic veneer of our polis.
Greg Howard, journalist and parrhesiates, said it about as plainly as it can be said this past Tuesday in his article for Deadspin: America is not for black people. The truth of "American apartheid" should make us all ashamed, saddened, angry, deeply troubled as moral and political agents. And, what is more, it should frighten us all.
There's been a good bit conversation recently about the merits and demerits of "public philosophy" and, as someone who considers herself committed to public philosophy (whatever that is). I'm always happy to stumble across a piece of remarkably insightful philosophical work in the public realm. Case in point: Robin James (Philosophy, UNC-Charlotte) posted a really fascinating and original short-essay on the Cyborgology blog a couple of days ago entitled "An attempt at a precise & substantive definition of 'neoliberalism,' plus some thoughts on algorithms." There, she primarily aims to distinguish the sense in which we use the term "neoliberalism" to indicate an ideology from its use as a historical indicator, and she does so by employing some extremely helpful insights about algorithms, data analysis, the mathematics of music, harmony, and how we understand consonance and dissonance. I'm deeply sympathetic with James' underlying motivation for this piece, namely, her concern that our use of the term "neoliberalism" (or its corresponding descriptor "neoliberal") has become so ubiquitous that it is in danger of being evacuated of "precise and substantive" meaning altogether. I'm sympathetic, first, as a philosopher, for whom precise and substantive definitions are as essential as hammers and nails are to a carpenter. But secondly, and perhaps more importantly, I'm sympathetic with James' effort because as Jacques Derrida once said "the more confused the concept, the more it lends itself to opportunistic appropriation." Especially in the last decade or so, "neoliberalism" is perhaps the sine qua non term that has been, by both the Left and the Right, opportunistically appropriated.
James' definition of neoliberalism's ideological position ("everything in the universe works like a deregulated, competitive, financialized, capitalist market") ends up relying heavily on her distinction of neoliberalism as a particular type of ideology, i.e., one "in which epistemology and ontology collapse into one another, an epistemontology." In sum, James conjectures that neoliberal epistemontology purports to know what it knows (objects, beings, states of affairs, persons, the world) vis-a-vis "the general field of reference of economic anaylsis."
Posted by Leigh M. Johnson on 20 July 2014 at 17:47 in Foucault, French and Francophone, Global Financial Crisis, immaterial labor, the social factory, and other Autonomia notions, Interdisciplinary work, Leigh M Johnson, Metaphysics, Neoliberalism, Philosophy, Political Economy, Politics, Religion | Permalink | Comments (9)
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Suspecting that a disappointing Court decision is coming doesn’t make it any better when it arrives, as did the Hobby Lobby opinion this morning, in which a 5-4 majority (led by Justice Alito) said that it violated the Religious Freedom Restoration Act of 1992 to require a “closely held corporation” (“family-owned,” but expect lots of litigation; apparently some 90% of American corporations may qualify!) to purchase a health insurance policy that provided free contraception to which the owners of that corporation object on religious grounds (nice summary here). There is a substantial silver lining, which is that the Court seems to endorse an opt-out like the one provided for non-profits: certify that you object to providing contraception coverage, and you don’t pay for that part of the plan. Either the insurer or the government does. Accordingly, today’s ruling would also appear to pre-emptively resolve (see also here) the next round of religious objections to the ACA, where some of those non-profits contend that even signing the paperwork saying they object to providing contraception somehow violates their religious beliefs, because signing the paperwork means they start a process the end of which is contraception (so would employing women at all, but never mind that, apparently).
In a post last month for Demos, Matt Bruenig argued that if one in fact cares about childhood poverty, a recent conservative position promoting marriage as a means of reducing childhood poverty rates is as cruel as it is misguided (http://www.demos.org/blog/4/14/14/single-mother-child-poverty-myth). In a nutshell, Bruenig notes that countries with low childhood poverty rates have not achieved this success via promoting marriage, nor are their rates of single-parenthood markedly different from those in the U.S.
One way to put this basic observation is that people promoting marriage are deliberately ignoring most of the variation that matters. Yes, it is true (ceteris paribus, of course!) that in the international sample Bruenig looks at, in every country, the children of single parents are more likely to be poor than the children of married parents living together.* But far more variation in childhood poverty rates is associated with different policies in the different countries, and not with the relationship status of the parents; indeed, even if the child poverty rate in the U.S. dropped to the level associated with children living with married parents living together in the U.S. today, it would still be substantially higher, indeed, quite grossly higher, than in the other countries Bruenig looks at.
My friend Alan Nelson recently posted a link on facebook to the following article: http://www.nytimes.com/2014/03/23/business/economic-view-when-the-scientist-is-also-a-philosopher.html with an appropriately snarky note that the author, N. Gregory Mankiw (the Chair of the econ department at Harvard, natch), seemed to be arguing that the only changes to the status quo permissible are those that are verifiably Perato efficient improvements. An obvious corollary is that, since every reasonably substantive and complex policy change will have winners and losers, we should never change policies at all.
... in Turkey. I suppose no one should be surprised by what Recep Tayyip Erdogan is capable of by now, but this is definitely a new low. Below is a short BBC video narrating the chronology of events, and here is a piece in the Guardian from the point of view of those fighting back against the suppression of internet freedom in Turkey (H/T Lucas Thorpe for both).
I invite well informed readers to offer further elements on the situation in comments below.
The news has just been released that Rev. Fred Phelps, founder and lifelong shepherd of the Westboro Baptist Church (in Topeka, Kansas) has died at the age of 84. I find it difficult, I confess, to summon the normal human compassion that usually accompanies news of another's death in this case, largely because Phelps dedicated his life to broadcasting his rejection of-- not to mention enlisting others, including children, to stage carnival-like circuses around his rejection of-- what most people would consider even the most minimally-decent exhibitions of human compassion. Fred Phelps was one of the most infamous, outrageous, dishonorable and genuinely despicable hatemongers of my generation. And, what is more, Fred Phelps' hate was as ferocious and vicious as it was blind. Through the prism of his delusional and evangelical abhorrence, the Westboro congregants en masse considered themselves justified in casting an unjustifiably wide net of Judgment. Caught in that net were many: ranging from bona fide innocents against whom no reasonable person could or ought cast aspersions, like Matthew Shepard, to a whole host of other "collateral-damage" victims of Phelps' quasi-political positions who found themselves the inadvertent and inauspicious targets of his his flock's detestation.
I say again: I find it very, very difficult to summon the normal human compassion that ought to accompany the news of Fred Phelps' passing.
Nevertheless, these are the moments when our inclination toward Schadenfreude, however deeply affirming and deeply satisfactory indulging that sentiment may feel, ought to be on principle squelched.
Posted by Leigh M. Johnson on 20 March 2014 at 20:33 in anti-fascism, End of life issues, Feminism, Gender trouble, In memoriam, Intersectionality and "the embarrassed 'etc.' ", Leigh M Johnson, Philosophy, Political Affect, Politics, Religion, Women in philosophy | Permalink | Comments (1)
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This is just a short note to express my hope that all the celebrities and ordinary folks celebrating the two former members of pussy riot will recall that there are political prisoners rotting in US prisons as well. This is not to criticize TFMPR - I don't really understand the issues behind the split, but that aside, I take it that their primary moral responsibility is to stand up to abuses in Russia. On the other hand, while there is nothing at all wrong with cheering on these efforts from the safe Brooklyn sidelines, this is not the primary moral responsibility of someone in the US. For those who would like to learn more about US political prisoners, there are quite a few excellent resources Here
Is an African American political prisoner in the US. He was convicted of killing a police officer in the course of resistance work with the armed wing of the New African Liberation Army. He has been held in solitary confinement for the last 30 years, in violation of numerious international agreements, and under conditions that clearly constitute torture. Below is a letter from various Nobel Laureates calling for his release into the general population, and information on how to support him.
He is gone. When someone is 94, you can't call it a surprise. But when someone has always been there as a part of just about everything you cared about politically your entire life, it somehow is. We are much the poorer.
There is a theme I'm seeing over and over in the coverage of Mandela's funeral - in everything from mainstream press, to "expert" commentators both inside and outside the press, and essays on the left. People note how brilliant, effective, humane, democratic, strategic, etc. Mandela was when leading the resistance movement. Then they note that he was less effective, less strategic, less brilliant, less democratic as president. (Those on the left add that he began collaborating with international corporations, imperialist or otherwise disreputable states, etc.) And then they move onto how much this negative trend has continued and in some cases wonder whether there is a leader who can bring South Africa back to the excitement and progress of the revolution.
What is striking is that everyone takes this history to reflect on Mandela, on Mandela's legacy as a person. It is if the main observation is that this guy was great for a time and only good later, to be followed by people who were massively worse. And so we are led to take from this the lesson that we need to find someone who is as he was earlier but able to maintain this disciplined humanity as president.
No one that I have seen has so much as entertained the possibility that this difference might imply not changes in Mandela, but the difference between democratic voluntary movement coalitions and institutionalized states, even ones with marvelous constitutions like that of South Africa. If we did consider seriously this other possibility - that it is the structures that were the independent variable in this experiment - might we possibly be led to the thought that the way such revolutions are organized is a better model for society than the way states are?
My own involvement in the anti-apartheid struggle began in the mid 1980s when I was a graduate student at Pitt. It was a formative period for me, a time when I was learning to be an activist and organizer, and taking that on as part of my life and identity. throughout that time, Mandela was a symbol more than a real live figure. We read his speeches and analysis, studied his life. But locked up in prison, he was not someone we interacted with, even from a distance. Walter Sisulu, Oliver Tambo, Joe Slovo, Ruth First, and many others were the ongoing partners in our thinking. Numerous less well known representatives came to our campuses and engaged with us directly. Mandela was this figure on "free Nelson Mandela" posters, but nonetheless important for all that. Of course this change with his release from prison and the transformation of roles that he took on as a result. In this first post, I want to reflect on the importance that this time had for me, by passing on a few little vignettes. I invite others to do the same in comments. this might seem odd, talking about my own life on the occasion of the passing of one of the world-historical greats. But as I see it, a good measure of the importance of Mandela lies in the changes he brought about in so many thousands of less significant people like me.
This is my first foray into newAPPS waters-- and I thank the newAPPS coterie for the invitation!-- so I thought I’d start by tossing out a fairly straightforward philosophical claim: Tolerance is not a virtue.
When I say that tolerance is not a virtue, to be clear, I don’t mean to imply that tolerance is a vice. No reasonable moral agent, certainly no moral philosopher worth his or her salt, would concede that. Rather, I only want to point out that “being tolerant” requires at most little if not nothing more than refraining from being vicious. Not only is it the case that we don’t define any other virtue in this explicitly negative way, but we also don't generally ascribe any particular kind of moral credit to persons who are merely refraining from being vicious.
Aside from the nauseating mythological reminiscences of the Kennedy presidency, news today is dominated by discussion of the US Senate's decision to eliminate the possibility of filibuster for certain nomination votes. All manner of dire consequence has been suggested on both sides of this procedural issue. (Has there ever been a more hyperbolic characterization of anything than calling this change in voting procedures a "nuclear option"?) It seems to me that there is a deeper issue here that points to a rather depressingly misguided focus of intellectual thought on collective rationality, one that cuts across a wide variety of disciplines.
In the end, that’s the real danger we are now facing. Not just the shutdown, but the rise of the shutdown strategy. By unraveling the threads of our joint commitment to shared governance, it raises the chances those threads will be rewoven into something else: something deeply, and tragically, undemocratic.--Michael Lynch, Opinionator, New York Times, 10/15/2013
Plato's most important observation in political philosophy is that no constitutional system lasts forever. As Michael Lynch discerns in the important piece that I quote above (it's the concluding paragraph), there are dynamics internal to the democratic process that may lead to its own unraveling. Lynch mentions three distinct ones: (i) if "legislative gridlock" becomes "a fixture of American political life, it will be more tempting, more reasonable, to think that someone should “step in” to make the decisions. The chorus calling for action — for the president, for example, to go around the Congress — will only increase." (ii) When politics stops being perceived to be about (Madisonian) give-and-take, then the sense of shared identity will unravel. (iii) A permanent albeit powerful minority systematically makes normal state functioning impossible--the so-called regular "shut-down strategy." [In (iii) I blend Lynch and Schliesser.]
In response to (i) the Cato's Institute's Roger Pilon, remarks: "Well, that’s already happening – witness the many lawless changes to the Obamacare law that have been unilaterally imposed by the president, without so much as a notice to Congress. But it’s not because of any shutdown threat. It’s because (iv) respect for constitutional limits is today so atrophied." [HT Jason Stanley on Facebook] From context, it is clear that Pilon is thinking of the growth of the welfare state ("special interest juggernaut poured through with one redistributive program after another, leading to the unsustainable war of all against all we see today.") Given his focus on limitations, it is surprising that Pilon does not express concern about the limitless growth of executive power that leads to permanent foreign wars and the surveillance state. Either way, we can recognize in (iv) Hayek's old road to serfdom thesis. But with this particular twist that, rather than edging our way toward totalitarianism, we have already returned to the state of nature ("war of all against all.") Obviously, if we are in the state of nature then the need for a Hobbesian sovereign to get us out of it will be embraced by all minimally rational agents.
Neil has an interesting analysis of "why Congressional Republicans are taking extreme bargaining positions that shut down the government and risk defaulting on debt." He points to Republican "primary problem, which "makes Republican officeholders do the crazy things that the Tea Party likes, because they fear losing their primaries even more than they fear losing the general election." This has it backward in two important respects. First, it fails to understand the rationality of the Tea Party caucus. Second, by demonizing the Tea Party as "crazy," it facilitates the far more dangerous tendency among educated people to grow impatient with democracy and pine for rule by experts.
First, since 1988, the Republicans have won the popular vote once: in 2004. Their House majority is now primarily a product of gerrymandering and superior mid-term turn-out. If you look at the congressional Tea Party heartland (see this good map at the New Yorker), it is primarily rural, elderly, white, and Evangelical. With the exception of 'Evangelical,' perhaps, this is not the future of America. And even born again America is remarkably fluid when it comes to so-called 'life-style' choices--the generational shift of opinion on Gay Marriage has been phenomenally fast. That is to say, these are folk that know they will loose national elections time and again. Obviously Republicans can still put together winning national coalitions, but as the Tea Party heartland learned under the three Bush presidencies, these will not reflect their values and interests. They are not acting as co-partners in government awaiting their turn at the helm, but as the legal opposition. They are playing a lousy hand superbly and -- best of all -- by democratic means. That's not crazy.