No, no, no.

A quick hit on the case of Ahmed Ghailani, the accused terrorist who was tried in civilian court for the bombing of U.S. embassies in Tanzania and Kenya.  Charged with 281 counts of murder and conspiracy, Ghailani was convicted on only a single count of conspiracy, because the judge ruled that certain testimony was inadmissible on the grounds that it was obtained through the use of torture.

The conservatives are making hay of this. Ed Morrissey at HotAir:

The failure of Holder’s DoJ to win anything more than a single conspiracy count against Ghailani as a result of using a process designed for domestic criminals than wartime enemies shows that the critics had it right all along.  It also shows that both Obama and Holder have been proven spectacularly wrong, since a man who confessed to the murder of over two hundred people will now face as little as 20 years, with a big chunk of whatever sentence Foopie receives being reduced by time already served.

And on the Left, Glenn Greenwald at Salon:

But the most important point here is that one either believes in the American system of justice or one does not.  When a reviled defendant is acquitted in court, and torture-obtained evidence is excluded, that isn’t proof that the justice system is broken; it’s proof that it works.  A “justice system” which guarantees convictions — or which allows the Government to rely on evidence extracted from torture — isn’t a justice system at all, by definition.

They’re both right.

A justice system, if it makes any pretense at all at justice, is predicated on protecting individual rights–including the rights of the accused.  If the evidence was inadmissible (and it likely would have been inadmissible in a military tribunal as well), then it was inadmissible.

However…

Civil justice is simply not the right forum in which to deal with international terrorism. The administration has already admitted that regardless of the outcome of the trial it has the right and the will to hold Ghailani indefinitely anyway.

A justice system, if it makes any pretense at all at justice, is predicated on the idea that the results of trials matter.

The one point on which both Morrissey and Greenwald agree is that this whole exercise was nothing more than a show trial. It was a farce masquerading as principle. Money, time, energy wasted on a mock trial whose outcome simply doesn’t matter.

But we knew all this already. When the Obama administration announced that they would seek civilian trials for some of the Guantanamo detainees, but not all, it made the tacit admission that the trials were being conducted for political purposes only.  When it further announced that it would continue to hold the defendants, even if acquitted, as enemy-combatants, it ceded the entirety of the argument to the opposition.  The administration has admitted that these men are enemy combatants, but will, in an attempt to mollify a particularly vocal group of political partisans, hold show trials and make a pretense of justice.

Infidel

Infidel

Infidel

Just finished Infidel.

Buy it.  Read it.

It’s an amazing book by an absolutely amazing woman.  An unflinching, honest, wrenching and extraordinary memoir from a woman about whom not enough can be said.

I’ve written about Ayaan Hirsi Ali before, but nothing really prepared me for this book. I’m simply astounded and awed.

Two excerpts:

*************

One November morning in 2004, Theo van Gogh got up to go to work at his film production company in Amsterdam. He took out his old black bicycle and headed down a main road. Waiting in a doorway was a Moroccan man with a handgun and two butcher knives.

As Theo cycled down the Linnaeusstraat, Muhammad Bouyeri approached. He pulled out his gun and shot Theo several times. Theo fell off his bike and lurched across the road, then collapsed. Bouyeri followed. Theo begged, “Can’t we talk about this?” but Bouyeri shot him four more times. Then he took out one of his butcher knives and sawed into Theo’s throat. With the other knife, he stabbed a five-page letter onto Theo’s chest.

The letter was addressed to me.

*************

When I was born, my mother initially thought death had taken me away. But it didn’t. When I got malaria and pneumonia, I recovered. When my genitals were cut, the wound healed. When a bandit held a knife to my throat, he decided not to slit it. When my Quran teacher fractured my skull, the doctor who treated me kept death at bay.

Even with bodyguards and death threats I feel privileged to be alive and free.

People accuse me of having interiorized a feeling of racial inferiority, so that I attack my own culture out of self-hatred, because I want to be white. This is a tiresome argument.

Tell me, is freedom then only for white people? Is it self-love to adhere to my ancestors’ traditions and mutilate my daughters? To agree to be humiliated and powerless? To watch passively as my countrymen abuse women and slaughter each other in pointless disputes?

When I came to a new culture — where I saw for the first time that human relations could be different —
The kind of thinking I saw in Saudi Arabia preserves a feudal mind-set based on tribal concepts of honor and shame. Would it have been self-love to see that as a foreign cult, which Muslims are forbidden to practice?

Life is better in Europe than it is in the Muslim world because human relations are better — and one reason human relations are better is that in the West, life on earth is valued in the here and now and individuals enjoy rights and freedoms that are recognized and protected by the state.

To accept subordination and abuse because Allah willed it — that, for me, would be self-hatred.

Moral balancing

There’s this article in The Guardian (of all places) that describes a study conducted by a pair of Canadian psychologists that purports to show that “green” consumers may be more likely to cheat, steal, lie and less likely to be kind.

The pair found that those in their study who bought green products appeared less willing to share with others a set amount of money than those who bought conventional products. When the green consumers were given the chance to boost their money by cheating on a computer game and then given the opportunity to lie about it – in other words, steal – they did, while the conventional consumers did not. Later, in an honour system in which participants were asked to take money from an envelope to pay themselves their spoils, the greens were six times more likely to steal than the conventionals.

I don’t want to make too much of this.; not everyone who buys recycled toilet paper is a jerk.  But I don’t think the conclusion is entirely surprising.

Dieter Frey, a social psychologist at the University of Munich, said the findings fitted patterns of human behaviour. “At the moment in which you have proven your credentials in a particular area, you tend to allow yourself to stray elsewhere,” he said.

I think that’s likely true. And I’m sure that environmentalists are not the only virtue-obsessed group that engages in moral balancing; any ethic that divorces the virtue of an act from the agent-relative value of an act will tend to foster this kind of behavior. This is especially true if “virtuous” behavior confers social prestige. If virtue is not it’s own reward (and let’s face it, using recycled toilet paper is NOT a reward), but imposes some cost on the virtuous, then the virtuous will be more likely to compensate for their sacrifice in other ways. In a sense, these people feel that they’ve “paid at the office.” It’s a result that is of a kind with the studies that seem to show that charitable giving declines as support for taxpayer funded entitlements grows. If you’ve satisfied an obligation through taxes or hemp, you’re more likely to compensate for that sacrifice by extracting some compensation for that obligation in some other area.

I’d like to see a similar study that controlled for meta-ethical motivation. While I’m sure that most environmentalists are firm deontologists, I’m sure at least some of them must be consequentialists.  My hypothesis is that the consequentialists will be less likely to engage in moral balancing; if you see virtue as a means to a particular agent-relative end, then you’re more likely to find reward in  virtue itself and less likely to seek balancing compensation.

I’m speaking statistically here; not all deontologists are closet criminals and not all consequentialists are moral paragons. But I do think that the extent to which we divorce ethics from the value of human life the more likely we are to see human actors struggle with their “moral” commitments.

Climate and Bias

I’ve been swimming in Climate talk for the past few days. Spurred, obviously by the East anglia data leak. Unfortunately, I don’t feel as if I know anything with any greater certainty. However, the whole subject reminds me of economic arguments.

The debate between “Alarmists” and “Deniers” strikes me as awfully similar to the debate between Keynsians and Austrians… each side is so completely enmeshed in a particular methodological approach that the debate rages endlessly. Each side claims methodological superiority, each side claims to have the data on its side, each side claims to make more accurate predictions, and each side claims to be more interested in truth and less blinded by ideology. For the layperson, the argument that sounds the more persuasive is the argument that better corresponds with an existing structure of knowledge.

So where does that leave me? It leaves me in a muddle.

Where should that leave me? I have no idea.

When I think about economic and policy debates (and I have some small experience arguing for economic theories and policy prescriptions that are seriously outside mainstream thought!) I remind myself that my certainty about a particular issue (say, single-payer health coverage) depends in large part on the interrelation of a relatively large amount of information culled from related but essentially disparate disciplines: economics, philosophy, political science, and psychology. My position on a particular issue (anyone’s position, really) depends on a complex lattice work of accumulated knowledge and interpretation, effectively communicating all the intracies of that lattice work is extremely difficult. And is often extraordinarily frustrating!

So in that sense, I have a strong empathy for the Alarmists. They’ve taken an extraordinarily large body of research from related but disparate disciplines and are attempting to synthesize that knowledge in the form of a useful prediction.

“Average global temperatures will rise over the next several decades and that will cause climatic changes that will pose enormous problems for humanity.”

To me, that sounds awfully similar to,

“Increased federal deficits will rise over the next several decades and that will cause economic hardhsips that will pose enormous problems for humaity.”

Which sounds awfully similar to,

“Average global temperatures may rise slowly over the next several decades but the impact will be slight and the costs are best born by our much wealthy descendants.”

Which sounds awfully similar to,

“Increased federal deficits may rise over the next several decades but the impact will be slight and the cost is best born by our much wealthier descendants.”

So which is true? Well, I think the second is demonstrably, obviously, unfailingly true. The last is absurd on its face and utterly wrong. The other two? I don’t know. I tend to agree with Bjorn Lomborg and discount the veracity of the first. But I take that position largely because of all the arguments I’ve read, the inconsistencies and assumptions in Lomborg’s arguments (and all climate predictions depend on inconsistent data and huge, wallowing assumptions) trouble me least becuase those assumptions mirror my lattice-work of existing knowledge and the inconsistencies seem similar to other inconsistencies I’ve been able to reconcile in other areas.

It’s tempting to say that I agree with Lomborg because he confrims my existing bias. But if my existing bias is true (and surely, it is!) then that confirmation is a valid reason to give his arguments greater credence! Of course, if my biases are wrong…

Which is all to say that analyzing complex propositions is extremely difficult. The climate debate highlights the importance of rigorous attention to detail in the evaluation of any new idea. Every new proposition should be checked against an existing set of knowledge–and the parts that don’t match should be ruthlessly discarded. Whether that means discarding the new proposition or, as is often the case, dissasembling the lattice work and rebuilding the scaffolding to accomodate the new idea.

It’s a tough job and prone to error, but it’s the only way to get anything right.

And in the end, it’s why when I see people withold data and strive to align their predictions with their own financial interests (as was clearly the case at East Anglia), I tend to distrust their conclusions. They’ve given me cause to beleive that they aren’t as committed to evaluting their own set of conceptions as I am and so I trust them less.

Which is not to say that I trust all climate scientists less. I just have more work to do evaluating their claims and their counterclaims. And I think, if the East Anglia data leak shows anything, it shows that climate scientists need to do more of that as well.

All up in the philosophy

I got this from Shawn on facebook. But I don’t do much facebook anymore (for reasons mostly relating to the proxy server at the office), so I’m copying this and pasting it here. I stole some responses from Shawn who apparently stole some from Aeon…

This would be good for discussion and comments! (hint hint)

Moral properties Naturalist Moral Realism
Moral knowledge is empirical
Normative ethics Neo-Aristotelian rational self-interest
Animal ethics Whatever the ethics of animals are, they’re not telling. Seriously. Since Animals are non-cognitive, animal ethics are necessarily a subset of human knowledge. What we call “good” is “good” for a particular subject, whatever decisions we make regarding animal ethics are necessarily subject to observational bias. We can decide that it’s OK to eat animals, or not. We can decide that it’s wrong to abuse animals and we can decide what constitutes abuse, but we make those decisions–whatever they are–according to our own criteria for our own purposes and for our own benefit.
Abortion Ethically: Yes, through the point at which the fetus is viable.
Legally: Yes, through the second trimester or in cases where the mother’s life is in danger.
Death Penalty Privatize it. Joking. Mostly. Some people have, in fact, forfeited their right to live, but the State will invariably screw up both the adjudication and the administration.
Political theory Constitutionally limited republican government with separated and enumerated powers and a bicameral legislature composed of distinct houses beholden to separate constituencies. (A house and senate with the additional qualification that only property owners may vote for senate and they may not vote for the house)
Distributive justice “From each as he chooses, to each as he is chosen” (Nozick).
Minds Biological Naturalism. I think Searle is pretty darn close. I don’t think there’s any reason to imagine that the “mind” must necessarily be non-reductive. An emergent process can be wholly reductive and still emergent. Szasz makes good points too.
Qualia produced by interactions of human sensory faculties with objects of world. (Kelley)
Free Will Volitional consciousness: human consciousness has the capacity to focus on this rather than that.
Reasons Humans act on reasons; some of which can be irrational.
Structure of knowledge An integrated whole upon the foundation of the senses.
Acquisition of knowledge Evidence of the senses interpreted through rational faculty
Knowledge of external world See above
Phil of science The scientific method is a reliable way to model the natural world. The progress of science lies in reducing the degree of error in the model’s predictions.
Existence of God A product of human imagination. Except for Thor. Thor was real.
Life after death Only in the memories of those who knew you.
Truth Some kind of correspondence theory. The correspondence need not be either wholly accurate or infallible to hold.
Universals Yes, as epistemological essences (Rand)
Abstract Objects See above.
Time the vector (or rate, depending on usage) of observable causality.
Space orthogonal to time, the limit (or rate) of observable causality.

Yes, I know that any definition of causality depends on concepts of Time and Space and therefore I’m being rather circular. However… I think we have a natural bias to organize our qualia in reference to a limited physiological understanding of causality. I think it’s likely that this base perception of causality lies at the root of our epistemological process and so therefore I’ll treat causality as the epistemic primary and time and space as derivative. But maybe the question is metaphysical rather than epistemological, in which case both time and space are aspects of reality. Time and space exist and they have a particular relationship.

Persistence for a while     : D
Natural kinds Yes.
Composite objects Yes.
Beauty Normative: that which affirms the glory of human life and achievement.
Descriptive: that which affirms the observer’s psychological sense of human life and achievement.

Beauty may arise from either production (art) or active identification (natural beauty).

Artworks Art is the result of deliberate effort to produce beauty.

 

Sandefur gets it right

This post on the Left’s dissonant support of sexual freedom by Tim Sandefur is great. He locates the central contradiction in the left’s support of individual sexual rights as contrasted with its total rejection of all other individual rights and offers a compelling diagnosis.

The answer is: historical accident. During the 1960s, natural rights arguments were heard most powerfully from the leaders of the Civil Rights movement, who associated themselves with the left. That injected the left with a rhetorical tradition that is powerfully effective. They aren’t able or willing to let that tool go. They often employ it in the most ridiculous ways (esp. environmentalism) but in the area of sexual freedom, they’re on solid ground arguing natural rights, even though it clashes with their view on virtually everything else.

Of course, if the Left’s support for sexual liberty is tactical rather than foundational, then we should expect that support to ebb with the daily tracking polls. Which, of course, is exactly what we do see. None of the major Democratic candidates for President supported same-sex marriage and all agreed to define marriage as between a man and a woman. Sandefur sees this and points out that the status quo is inherently untenable,

And so we’re left with a weird and totally unsustainable situation: the left, which rejects the principle of individual rights in virtually every other sphere, speaks with the most morally grand tones of the fundamental human right of sexual freedom. That situation can’t last. How can it be that a business license or a building permit is a mere government privilege, but a marriage license is a basic human right?

There are certainly arguments to be made about the centrality of sexual choice and the importance of sexual freedom and why those liberties deserve protections that economic liberties do not. But as Sandefur notes, those are not natural rights arguments; they are progressive arguments that treat sexual liberties as privileges granted by the state in furtherance of the state’s objectives. The left doesn’t often use that language to defend sexual liberty because… well because doing so would reveal the underlying truth: that the progressive commitment to sexual liberty is merely instrumental. If social engineering demanded restricting sexual freedoms (like criminalizing sexual reproduction) then sexual freedoms will be restricted. In the end, for the progressives, neither the business license nor the marriage license is sacrosanct.

Eventually, supporters of sexual liberty will discover the same kind of betrayal that supporters of economic liberty encountered on the right. If the progressive commitment to sexual liberty is merely instrumental, it is no less instrumental than the conservative commitment to free trade and economic liberty. The sad fact is that we have long moved past the point where any major political party or movement regarded individual liberty and autonomy with much respect or attention.

It will be interestingto see exactly how the next challenge to Proposition 8 is handled. With today’s ruling upholding the amendment. It appears that the only options are either yet another amendment to reverse what was reveresed (and another court challenge to attempt to reverse the reversal of the reversal of the original judicial reversal), or Califonria activists can try to take their fight to the feds. Given the current political climate and the, shall we say tepid support, that gay-marriage proponents have gotten from Obama, that route doesn’t see too promising. But who knows?

It would certainly be a pleasure to hear why gay-marriage should recevie protection as a fundamental right and incorporation through the 14th amendment, but why the second amendment should not be incorporated. If a foolish consistency is the hobgoblin of little minds, what should we imagine is the stubborn insistence on inconsistency? The bugbear of dullards?

On the radio!

I’ll be on the radio today! I’ll be doing a segment on Today FM’s Last Word on the ethics of human cloning. If you want to tune in, I’ll be on at 5:30 pm local time. (12:30 pm Eastern)

In Ireland.

I think it might be possible to listen in here: http://www.todayfm.com/Home.aspx.

It’s been a while since I did a radio interview…. wish me luck!

Update: Well, it was quick. 6 minutes, tops. I had a bunch of sound bites and didn’t get to use any of them. Oh well, I’m kinda rusty.

I added an article I wrote in 2001 to this site. The article is almost surely the piece that got me the interview. It’s gottan a bit of play over the years, and every so often I get asked to talk about it.

If you’re really a glutton for philosophical punishment, there’s more of my older stuff here.

Cloning: Toward a New Conception of Humanity?

(originally published, Nov. 2001)

by Patrick Stephens

In 1971, James D. Watson, co-discoverer of the double-helix structure of DNA, issued a call for a public debate on the ethics of human cloning. With the recent announcement that an international research team of fertility doctors will embark on the world’s first concerted effort to clone a human being, his call is finally being heeded. But as Watson realized, technological advances in cloning and genetic manipulation challenge our most dearly held assumptions. The debate about human cloning is a debate over nothing less than what it means to be human. The science of genetics, realized through technologies such as cloning, will have a tremendous impact on cultural conceptions of human nature. This debate, its implications, and its consequences are likely to be much the same as those that raged over Darwin’s The Origin of the Species more than 140 years ago.

Cloning technology presents humanity with the very real possibility that it may one day control not only its destiny but also its origin. Human cloning allows man to fashion his own essential nature and turn chance into choice. For cloning’s advocates, this is an opportunity to remake mankind in an image of health, prosperity, and nobility; it is the ultimate expression of man’s unlimited potential. For their detractors, human cloning and genetic manipulation intrude upon the profound nature of the inherently unknowable; they represent the bottomless depths of human arrogance and irresponsibility.

Like most popular debates in modern American culture, this one is driven by the detractors. The most cogent arguments against human cloning come from one of the more pre-eminent bioethicists in the United States, Leon R. Kass, of the University of Chicago. In The Wisdom of Repugnance, Kass offers a visceral, biting critique of human cloning and calls for an immediate international ban on all cloning research. Indicting the moral character of cloning’s advocates and at the same time summing his own critique, he muses: “Shallow are the souls who have forgotten how to shudder.”

While the critics of cloning, and Kass in particular, focus their attention on the spiritual consequences of human cloning, they are right to criticize current efforts in one respect; the current state of cloning technology is not yet advanced enough to warrant human experimentation. Cloning experiments have yet to show success rates in excess of 6 or 7 percent. Many cloned mammals exhibit grotesque genetic disorders, often ones that are life threatening to both the clone and the mother. Clones are routinely born oversized. There is usually a significant amount of birthing trauma for both mother and infant. The lifespan of cloned animals is unusually short. In this respect, it would be grossly irresponsible for anyone to engage in human cloning at the present time. But these risks will undoubtedly be overcome. At such time as the process carries risks comparable to natural reproduction, these objections will cease to be relevant. But the debate is now; concerns about the current feasibility of the procedure should not delay debate on the more substantial spiritual criticisms that the critics raise.

And to be sure, the debate over human cloning has raised the specter of various nightmare scenarios to which a spiritual reaction is indeed appropriate. Cloning technology raises the prospect that chimeras, animal-human hybrids, may be created. Likely chimeras range from the relatively benign recombination of human and pig DNA, where pigs are bred to provide organs for human transplants, to the more disturbing recombination of human and chimpanzee DNA, where apes are bred for sophisticated psychological and psychiatric research. The creation of chimeras blurs the distinctions between man and animal and raises questions that are not easily answered, such as “Would a sentient ape be accorded individual rights?”

Such questions are difficult to answer because they speak to the very essence of human nature. To deal with these kinds of eventualities would require a radically different conception of mankind, human nature, and man’s soul than is currently predominant in American culture. But cloning’s critics are averse to such a reformulation. For them, the questions that cloning raises need not be answered, so long as cloning is stopped now and those questions are never asked. To that end, the critics tend to focus on more immediate issues: the kind of life a cloned child will lead, the effect of cloning on family relationships, and the threat of cloning to traditional spirituality.

For critics like Kass, cloning leaves familial relationships in turmoil, rendering incomprehensible our most basic and personal relationships. A girl cloned from her mother would be her mother’s genetic twin; her grandfather would be her genetic father; and her siblings would be her genetic children. Yet centuries of experience with adopted children have shown that familial relationships are quite resilient. Indeed, the relationships that are formed in a healthy family are likely to render any semantic debate over the nature of “genetic” relationships largely irrelevant.

Critics have raised the prospect that a cloned child will be subject to an unnaturally demanding set of parental expectations. It is undoubtedly true that some parents will place unrealistic expectations on a cloned child–just as parents of “natural” children have been doing for centuries. Many parents already subject their children to terrible psychological stress; the image of a father living vicariously through his son is already a cliché. Parents already have children in attempts to “replace” a lost child or fill other emotional voids. There is, as yet, no way of effectively prohibiting bad child-rearing.

Concerns that a clone will suffer psychological distress from living a life-already-lived are likewise weak. Twins don’t seem to suffer any psychological trauma from living a life-already-being-lived. These arguments amount to a kind of Xerox assumption. Cloning does not produce psychological replicas of the DNA donor. If critics wish to condemn the practice of replication, they would be better off debating the morality of the Xerox machine because psychological replication has nothing to do with human cloning. As identical twins demonstrate, it is certainly possible for two people to share DNA and still live separate and completely fulfilling lives.

These arguments illuminate the critic’s assumption, best exemplified by Kass, that human relationships are determined not by affection or choice but by necessarily arbitrary circumstances. Kass argues that both genetic bonding and social taboos are more responsible for familial kinship than the actual affection that exists between parent and child. “Social taboos on incest everywhere serve to keep clear who is related to whom . . .” For Kass, it is crucially important that both the taboo and the genetic relationship remain unchosen. For Kass, the family is characterized primarily by obligation and duty. He says, “considering reproduction (and the intimate relations of family life!) primarily under the political-legal, adversarial, and individualistic notion of rights can only undermine the private yet fundamentally social, cooperative, and duty-laden character of child-bearing, child-rearing, and their bond to the covenant of marriage.” But lasting familial relationships must be grounded on at least some semblance of mutual respect and shared affection. In fact, most social taboos arise primarily out of the recognition that twisting the mutually consensual nature of any relationship into an act of domination is fundamentally wrong.

More to the point, however, is Kass’s argument that cloning itself represents a kind of despotic domination. Kass sees the parent of the cloned child as subjecting it to a set of demands–forcing it, in effect, to become a particular kind of person. This argument actually leads him, and other critics, to the absurd charge that cloning is wrong because the cloned child cannot consent, before conception, to his existence as a clone. The fact that consent-prior-to-conception on the part of any creature is an utter absurdity is apparently lost on these critics. One wonders if they would perceive an equal injustice in the fact that a child may not choose its sex. Ultimately, however, all parents exert a profound influence upon their children’s lives. And many, if not most, take an active role in the design of their children. Parents select the language and culture in which their children are raised, and (one hopes) give them moral and philosophical guidance. This influence is, for the vast majority of parents and children, a good thing. Cloning does not allow parents a greater degree of control over their children’s lives; it simply provides them with better information and reasonable expectations about the child’s relative fitness, overall health, and intellectual potential.

Cloning does not produce carbon copies, but genetic engineering and cloning do provide individuals with the opportunity to introduce an element of choice into reproduction. Parents may not be able to create duplicates of themselves, but they can create life in their own image. For the religious, this creation stands as a direct affront to God. And while many of cloning’s critics do not explicitly ground their arguments in these religious terms, their ethical foundation is clearly based on a Christian sense of duty and humility.

For the religious critics, it is the presence of the divine spark that exalts man, and cloning represents a threat to that divine spark. If man is capable of remaking his children in his own image, what then is the difference between man and God? Cloning is not simply man playing at godhood; it is man becoming God. For the devout, this is the greatest of all sins. But even many secular critics respond with moral indignation at the prospect that man may start aspiring to godhood. For religious and secular critics alike, the ultimate danger of cloning lies in the fact that it allows man to take an active role in his own being and, as Kass says, “transgress what is unspeakably profound.”

As Kass puts it, such an act reeks of the “excesses of human willfulness” and is evidence of “the Frankensteinian hubris to create human life and increasingly control its destiny.” More than anything else, it is the fact that cloning is an expression of the willful mind of man that most bothers the critics.

This resistance to willfulness is essentially a resistance to reason. The critics’ arguments are characterized by a reliance on faith that finally renders them unable even to articulate their argument. What is all the more enlightening is that some critics, Kass in particular, go so far as to elevate their irrational rage into a kind of moral justification. Cloning, Kass argues, is simply repugnant, and “. . . repugnance is the emotional expression of deep wisdom, beyond reason’s power fully to articulate it. . . . Repugnance here, as elsewhere, revolts against the excesses of human willfulness.” It is ultimately the process of discovery and articulation –the process of willful rationality–that Kass opposes.

For critics like Kass, willful rationality militates against the humility of the human soul. The “shallow souls” who have “forgotten how to shudder” at the unknown pose the greatest threat. These critics believe that the human soul is fixed by Creation as an inherently limited and humble thing and that any attempt to understand what is “unspeakably profound” is an act that demands revulsion and repugnance.

But cloning, like any other technology, simply extends man’s range of choices. And it is the extension of choice and the pursuit of knowledge that offer man the opportunity to expand the boundaries of his existence. In the end, man’s spirit, that within him which searches for truth and morality, that part of his mind that aspires and dreams–his soul–is ultimately the product of his own design. Man’s spirit is, fundamentally, not a gift or an accident, but the product of a lifetime’s achievement. His soul is the willful product of his own rationality, the manifestation of his conceptual mind. It is not the shallow shudder of humility that ennobles a man’s soul, but the enraptured embrace of knowledge, opportunity, and choice.

Humans will be cloned. Scientific and technological progress has shown few signs of halting for spiritual objections. Like the birth-control pill and in-vitro fertilization, the technology of cloning will advance, techniques will be improved, and knowledge will be gained. The inevitable questions that cloning technology will raise–questions about family, rights, and what it means to be human–will challenge society’s most deeply cherished and most profound beliefs. But such a challenge should not be resisted. Cloning’s difficult questions can be answered only through a dedicated pursuit of knowledge and an exercise of our willful rationality, and in the end, the answer to the debate over human nature may be simply that the nature of man is the product of his own will.

My kid is great. Your kids suck.

Yeah, I know. It’s an obnoxious title. I don’t really mean it, but I think it’s an honest description of much of the sentiment behind modern population whining.

There’s a thread over at Whatever that John Scalzi started on population growth, resource use, how many human babies the planet “needs ” and how many are simply open, sucking mouths mindlessly consuming vital (vital!) resources.

OK, to be fair, most of my ire is directed not at Scalzi (although he shares in the general confusion over resource consumption) but at the Zero Population Growth idiots who are just oh so concerned about how there are just way too many babies in the world. Some gems from the comments:

“Most women DON’T want to have tons of kids, but do so only because of cultural pressure or lack of comprehensive family planning education and resources.”

This commenter rails against the Vatican’s senseless opposition to birth control, which he rightly characterizes as sexist and demeaning to women. But you know, it’s also demeaning to imply that the only reason a woman might want a large family is because she’s pressured and ignorant. The same person goes on:

“I notice that birthrates are declining in educated, liberal areas, while they’re skyrocketing in areas that are heavy with cultural conservatives. All those Quiverfulls in Oklahoma are certainly making up for all the adamantly child-free intellectuals in Seattle.”

Jay-sus, is that offensive or what?

try this on for size — in my opinion the planet can reasonably sustain roughly one tenth the human population that exists today. that’s right, 600 MILLION, not 6 BILLION. there are no easy answers to getting there. i made the choice out of conscience to have only one child, then got a vasectomy. that’s a start. but given the multiple interacting global degradations that we’ve set in motion, it will take war or famine or plague to reduce our numbers quickly enough.

War or famine or plague! Yay! This is all because people suck. Oh, but not his kid.

“the wildlife and wilderness that existed in my childhood, half a century ago, have been decimated beyond recognition. that, my friends, is as important a loss as any you can name.”

“Beyond recognition?” Really? Beyond recognition? Whatever, that’s a pointless argument; definitions shift as the sand…. But let’s try–just to see–if we can come up with a loss that might–just maybe–be as evil as the extinction of the Puerto Rican Shrew. 2,800 African children die every day from Malaria.

My kid is great. Your kids suck.

The fun goes on and on,

People who choose to have large families should be taxed or otherwise penalized for the extra children. Seems fair to me. (I’m childfree, incidentally.)

Purely incidental to her opinions on taxation, I’m sure. This commenter has her own blog. She has more opinions,

A radical solution might be to cull (as in kill) the surplus young males (wars already tend to do this, in a somewhat uncontrolled manner). In fact, that is something that could be done in any society with a surplus of single, young, unemployed males between 12-25 years (who tend to be the most troublesome elements – just consult any statistics for violent crime). As a female, I would feel a lot safer if there were fewer aggressive young males around.

Unh hunh.

But let’s get back on point. At the heart of Scalzi’s original post is a concern about overpopulation and resources use. The leaping off point was a question,

If we procreate, we doom civilization through overpopulation and depletion of resources. If we don’t procreate, we doom civilization through exacerbating an aging population. What’s a potentially procreative person to do?

The question assumes that children are either unproductive resource drains or mere instruments whose existence is justified only by their ability to support aging dependents. Bleak, bleak, bleak.

And wrong.

In the first case, more people generally means more opportunity for innovation, advancement and wealth creation. Only if we imagine that the creation of wealth is a zero-sum game (or if we force it to be) can we imagine that additional children are a drain on resources. This is, at heart, a kind of political thinking that prioritizes the distribution of wealth over the creation of wealth. If we ignore the source of wealth then it’s easy to see people as nothing more than appetites feeding at a trough. If, however, we recognize that wealth is created, then we can see people as innovators who make life better for everyone around them. That’s the miracle of trade; everyone benefits.

The second case is a matter of morality. Our children are not means to our parents’ ends.

But let’s look at the resource question, because that’s where most of the discussion is centered. Scalzi gets part of the answer right,

…the issue isn’t how many people the planet has; the issue is how the people who are on it (however many there are at any given point) handle their resource management and way of living.

This is unquestionably true, if we want to support radically more people than we currently do, we need to change something. We can either reduce resource consumption, we discover entirely new resources, and we can use existing resources more efficiently. I pick all three. And, luckily for us, that’s the course we’ve taken throughout human history. In a modern economy, consumption drives the price of resources up, which creates incentives for innovation and efficiency, which drives prices down. This cycle ends up driving inflation-adjusted prices down over the long term.

The cycle works so well, in fact, that we can effectively imagine our supply of resources to be infinite. Yes, infinite.

The earth’s natural resources are finite, which means that if we use them continuously, we will eventually exhaust them. This basic observation is undeniable. But another way of looking at the issue is far more relevant to assessing people’s well-being. Our exhaustible and unreproducible natural resources, if measured in terms of their prospective contribution to human welfare, can actually increase year after year, perhaps never coming anywhere near exhaustion. How can this be? The answer lies in the fact that the effective stocks of natural resources are continually expanded by the same technological developments that have fueled the extraordinary growth in living standards since the industrial revolution. — The Concise Encyclopedia of Economics (I have more on this, here.)

So, yes, to support billions more people we’ll need to do things differently. But that does not mean that we need to curtail energy consumption or somehow put a governor on wealth creation. and it certainly doesn’t mean that we should puts limits on population growth: more people mean more brains and more brains means more better. (See The Ultimate Resource by Julian Simon.)

As I mentioned before, the central problem isn’t the distribution of wealth, it’s the creation of wealth. Scalzi misses that,

And in point of fact we do a really crappy job of [resource distribution] overall. For one thing, resources are highly unevenly distributed (said the guy living in the country that consumes 25% of the world’s energy while having only 5% of the world’s population); for another thing, the lifestyles, desires and goals of the people of the whole world are too heterogeneous to make coordinated and evenly distributed resource management possible

Damn those pesky people with their desires, dreams, and hopes that conflict with the will of the political over-mind! OK, that’s uncharitable. But the fact that the desires and dreams of the billions of men and women on the planet are wildly diverse is a good thing. Diversity is good for all the reasons that we usually credit it: new ideas, different ways of approaching problems, different techniques, competing solutions, etc., etc….. More brains means more better!

The world’s wealth isn’t a giant fixed piece of pie that we carve up and distribute out. It’s a giant multi-layered marble cake with cream cheese frosting that we bake every day and just keeps getting bigger and bigger… at least, it does and it will so long as we allow people to innovate and trade.

It’s certainly true that standards of living vary wildly around the world–and it’s also certainly true that the wild disparity in living standards seems, at some basic level, unjust. None of us chose what country we’d be born into, and for the vast majority of those unlucky enough to be born in Sierra Leone, Burma, or the Sudan… that sucks. For the vast majority of those born in the industrial West, that rocks.

It’s natural to ask what we can do to even things out. What can we do to make life better in the horrid parts of the world? How can we increase their wealth? Sending them our money is an option, but it’s a short-term fix that doesn’t usually have long-term benefits.

Wealth is a product of human innovation. Free trade, property protection, stable government, and a society that discourages corruption all radically increase the speed of wealth creation. The poorest countries in the world are those that fail these basic tests: they’re universally strnagled by command and control economies run by self-serving autocrats and corrupt tyrants who bend the law to subjucate their citizens.

The best thing we can do to spread wealth is to spread the foundations of a free society. The best thing we can do to level the distribution of wealth in the world is to help the world create more wealth for itself.

As for population… more babies means more brains and more brains means more better.

Winners and losers

Depending on who you talk to, you’ll get a different list of priorities, but essentially, we all believe that the government’s essential function is to mitigate public risk. Some people want the government to focus on mitigating the risk of global instability, foreign wars, and terrorists. They might agree that a strong internal defense is necessary and that the government should help mitigate the risk of criminality, insurrection, fraud and force. Others want the government to mitigate economic risk; they want the government to stabilize financial markets and to subsidize and regulate economic transactions.

All this risk management comes at a cost. Generally speaking, the higher the risk, the greater the potential reward, the lower the risk, the lower the reward. Mitigating risk means reducing potential profits: trading wealth for security. It doesn’t matter if we’re reducing the risk of terrorist attacks, the risk that we might lose money on investments, the risk that we might get sick, or the risk that we might get mugged. No matter what security we buy, we have to pay for it.

In small doses, that makes sense. We trade a little wealth (or we give up higher rates of growth) for a little security. After all, massive returns in the market aren’t worth much if buildings are exploding around you, if you’re shot in a drug raid, or if you bet on the wrong stocks and your portfolio goes south.  I don’t have a theoretical problem with trading some wealth for some security, but I also don’t want to trade too much. Security doesn’t matter much if I have no wealth. After all, what point security but to protect what I hold dear?

The problem with mitigating risk is that the only way to do it is to spread risk around. You can’t eliminate risk, you can only “level” it off. Let’s say I wanted to reduce the risk of gambling in a casino. I could rig the games to produce a more “equitable” result; fewer losers and fewer winners. Or, I could simply tax the winners and give some of their winnings to the losers. Functionally, the means are different, but they achieve the same outcome. Rigging–or regulating–the casino games is exactly the same as increasing taxes. The increased regulation acts as a damper on winnings, in just the same way that increased taxation does. I can only reduce the risk by reducing the potential reward.

This is true of all risks. I can only lower the risk of financial insolvency for some investors by reducing (either through regulation or taxation) the potential return on investment for everyone. I can only lower the risk of terrorism or foreign attack by reducing the scope of international trade and domestic freedoms (trading security for the potential return on free, open trade).

It’s also true that we can’t effectively mitigate all risk. We have to pick and choose where we want to focus our efforts–and we have to pick and choose whose risk to dampen, whose security to protect, whose assets to rescue. This puts us in the position of deciding who we’re going to let “win,” who we’re going to let “lose,” how big we’ll let the winnings get, and how much we’re willing to lose.

Well, we don’t decide–we let the government decide for us.

When we let the government mitigate our risk, we let the government pick winners and losers.

In any government program, rule, regulation, or tax, there’s a winner and a loser.The stimulus bill picked a lot of winners; in many cases, the winners were explicitly identified. The losers are less visible, but no less real. The taxpayers who will bear the burden of the additional debt are some of the losers, but so too are the firms whose businesses were not sufficiently politically capitalized to merit inclusion. Amtrak gets additional money to continue operating and the taxpayers take a hit. But so do bus companies, the airlines, and anyone who else who competes with Amtrak. The same is true of the bailouts, only more strikingly so. Bear Sterns was bailed out, Lehman Brothers was not.

Winners and losers.

In the course of mitigating risk from domestic criminality, anarchy, fraud, theft, and force, the government generally has a centuries of accumulated legal guidelines to ensure that the selection of winners is made according to well-established procedures and rigorous due-process; we have the courts, rules of jurisprudence, stare decisis, and the common law.

It’s when we get into the mitigating the risk of foreign threats and domestic economic malaise that the criteria for determining who gets to win and who gets to lose becomes… more subjective. Deciding to give Amtrak millions of dollars in operating subsidies, or to assume part of the USPS pension obligations, to bail out AIG, or to tax the bonuses that AIG gave out, to cover this medical procedure and deny that medical procedure, or to decide that mortgage interests should be tax-deductible while rental payments should not be… those are all political decisions.

That’s crucially important. When the government picks these winners and punishes these losers, the reasons are invariably political. Whom to bail out and whom to tax are not decisions made by judging objective criteria–they couldn’t be, because there is no criteria around which to create a decision making framework. These are purely political decisions, made for purely political reasons.

When we ask why Lehman Brothers was ignored, or why some financial windfalls are subject to a 90% tax and others aren’t, why some contracts are honored and others aren’t, why the Treasury addresses some issues and not others, the only answer is because those are the results that are politically expedient or advantageous to the party in power.

It’s not even really appropriate to speak of justice when we talk about these kinds of political decisions, because there’s no sense in which these decisions can be evaluated by any standard relevant to a coherent notion of justice. Justice, when we speak of justice in the courts or justice in law, is a the result of a codified, coherent, and complex process that we have developed and refined over the course of the last three thousand years.

When we speak about the result of a political decision, however, we’re not talking about the result of a process, just the simple manifestation of political will. Is it “right” that the AIG bonuses are subject to a 90% tax? There’s no way to evaluate that tax as “right” unless we define it as right to begin with. In other words, we can’t adjudicate political decisions or subject them to due process, they simply are what they are: the manifestation of political will.

It’s tempting to believe that the politicians exercising these powers are somehow nobler than the rest of us, or that they’re somehow immune to confirmation bias, temptation, and petty grievance, but it’s not true. In fact, it’s emphatically not true. Politicians respond in general to incentives and temptations in the same way that everyone does: they act to maximize their own long term gain. (The formal study of political interest is known as public choice economics.) Politicians will reward those people who are in the best position to reward politicians. Politicians will punish those people who are least likely to benefit them: the “aristocracy of pull.”

We’ve seen the selection of winners and losers on a grand and sweeping scale in the last few months and all of those decisions have been purely political decisions designed made for purely political reasons. This has all been in the cause of mitigating the risk of collapsing financial markets.

But we can’t mitigate that risk without cost, and whatever we choose to do about the risk, the end result will be the same:  we’ll take from some people (the losers) and we’ll give that money to some other people (the winners). The current administration is picking those winners and losers with alarming speed, very little deliberation, and absolutely no due process.

I’m left wishing that we could subject political appropriations to a process as rigorous and as tested as the court system, but we can’t. Such process as exists for deciding political issues is limited to the procedural rules in Congress and the process of elections. To analogize further with the court system, it’s as if we tossed out the common law, stare decisis, the rules of evidence, the adversarial system, and the judge. We’re left with only jury selection and procedure: hardly a reliable system.

The only way to subject questions of political expropriation to an objective process is to take those decisions out of the legislature. Until and unless we can agree to place further limits on the government’s power to extract and expropriate wealth, until we decide that the arbitrary results of influence peddling and political arm-twisting should be disdained rather than ennobled, we’ll continue to see more of the same.

Isn’t that a risk we shouild mitigate?