Back at Work, and I Feel Like Crap. Again.

Post-nasal drip, nasty cough, watering eyes. Started Monday.

I think I’m allergic to my office.

Anyway, I feel miserable and I’ve been going to bed early, so there’s been no posting. Sorry. Forgive me. Maybe later.

Rights, Morality, Idealism & Pragmatism, Part III.

Dr. Cline replied to Part II early last week. I’ve been putting this off, quite honestly, because I’m on vacation and I’m still recovering from the sprained frontal lobe that Part II cost me last time. Once again, I’m posting Dr. Cline’s reply in its entirety, to be followed later, but predated, by my response which will appear below this one. Give me a day or so to complete it.

Without further ado, I give you Dr. Cline:

First, let me say, regarding your suspicion that we are nearing agreement that I am not quite so optimistic. I think we have already reached agreement on some points, or nearly so, but I suspect that what we are really doing in the greater part of our discussion is uncovering a fundamental point of disagreement. Maybe you’re right, though.

I’m glad you brought up the difference between physics and mathematics. I don’t have the same disdain for physicists that you attribute to mathematicians in your post, but it is useful to examine the differences. Mathematics operates by proof, by moving logically from premises to whatever conclusions can be derived from the premises. A statement such as the “twin prime conjecture” (which states that there are infinitely many distinct pairs of primes whose difference is two) is therefore suspected to be true in mathematics, but it has not yet been proven. Until recently, Fermat’s famous “Last Theorem” suffered through its existence in the same limbo realm. (Although, at the time, it should have more properly been called Fermat’s last conjecture.) The greatest problems of mathematics have traditionally spent long years in this state.

Physics on the other hand, operates by disproof (or, as Karl Popper called it, by falsification), as does all of science. Nothing is ever proven (in the positive sense) in science. Science operates by making claims that can then be tested against empirical observations. No number of observations can grant us a satisfactory verification of any scientific claim. What we must settle for in science, then, is to be able to test our claims and eliminate those that do not agree with our observations. Once I discovered Popper’s works on the philosophy of science, I was amazed that people had not discovered this sooner. (They didn’t, and many still deny it – there are still yet those people, even some scientists, who claim that somehow a finite number of observations can conclusively verify a scientific theory.)

This distinction gives us a nice way to look at the internal workings of thought itself. Both math and science operate according to the rules of logic. Further, both math and science implicitly accept certain additional premises or axioms as true. In mathematics these additional premises are, stated simply, “logic is true” and “arithmetic is true” among others. Until Popper’s work, in science there were several, (again among them that “logic is true”) but notable among them was the claim that scientific induction worked – i.e. that we are eventually supported in a universal claim by examining a finite number of particular cases. After Popper, even if this premise is no longer necessary to us, we still have other premises that we accept as true without any attempt at proof in science. Notable among these is the supposition that our observations reflect some independent, actually existing reality. Now we can avoid this question by claiming that our observations do not actually represent anything else at all. Indeed, no less a luminary of physics than Stephen Hawking has stated more or less this very position, that science has no independent meaning – we are just playing a game (one of Ludwig Wittgenstein’s “language games”) when we are doing science. If this is all science is for us, I’d argue it is not of much value. Fortunately, this view is incorrect.

Primary among the questions we ask regarding physics, mathematics, and even metaphysical questions such as questions of morality are questions about our justification. How and when (and why) do we say we are justified in a determination of fact in one of these areas? The answer that skeptics (at least certain skeptics, those we might call “hard skeptics”) reach to this question is that no answer is justified in any area. Indeed, this is a difficult position to argue against in one sense, as knowledge in virtually any subject matter is open to doubt. However, this sort of skepticism is very unproductive. Further, as stated above, it is self-contradictory, as it announces in absolute certainty that nothing can be known for certain. Other skeptics might only express doubts of this level of severity for certain knowledge, and hold other knowledge as absolute truth (or at least very resistant to doubt). This was the method of the logical positivists (whom I mentioned last time) who said only answers to questions of science are justified (or even meaningful). Unfortunately, this statement is itself an answer to a non-scientific question and the belief of these more limited skeptics also is self-contradictory. A skeptical view that might not contradict itself could be “all or nearly all knowledge is open to some doubt.” However, this view says almost nothing and still leaves us with the open question – where is doubt valid, and in these cases, how much doubt is reasonable?

The question of how much doubt is reasonable applies in questions of morality as well as in science or knowledge in general. I have suggested in my previous letters that we can know certain rules of morality (of what is right and what is wrong) such as “murder is wrong” or whatever. However, my main point is rather not that we know specific rules of morality with absolute certainty – at least not without a great deal of work (as even rules as seemingly obvious as “murder is wrong” may contain subtleties as, indeed, “murder is wrong” seems to in regard to the difference between murder and other forms of killing). Rather my main point was that we know, with whatever level of certainty possible in knowledge, that there are such rules. We must accept that such rules exist before we can find them.

Your note that rights are not completely interchangeable with morals is at least possibly true. Rights are a way of stating certain “negative moral rules,” i.e. what things are not morally acceptable for one person to do to another. There may well be (and many would no doubt say that there are) other “positive moral rules,” rules of obligation rather than rules of freedom – things we must do for others if we wish to live morally. Others would disagree with the claim that there are positive obligations that others place upon us if we wish to live a moral life. Ayn Rand I think would be foremost among the claimants that all we really owe each other is our absence and thus might claim that all there is to morality are questions of individual rights. However, even she might grant that there are certain rules of obligation in morality, though if so, she would no doubt say our obligations are to ourselves.

Your claim of the tale of the Maori and the Moriori as evidence of a lack of an objective standard of morality seems false to me. Again, morals are not inviolable. Saying that the fact that not everyone obeys whatever moral rules there might be is evidence for their absence seems to be expecting a little too much of morality. I might wish morality was self-enforcing, but that will not make it so. Anyone can choose to live how he wants; the Maori (at least those involved) made their choices. Your claim that condemnation of them is inappropriate as their behavior was moral according to their society is simply wrong. Any such claim negates entirely the validity of the rights of the individual, subjecting them to a test by opinion poll or ballot. My claim is that the primary position is that of the individual (a thing with both physical form and, more importantly, a mind) and the individual ONLY. Your earlier claim (following Ayn Rand) was that “the whole purpose of morals is to ensure survival, and whatever works to ensure survival is, for that society, ‘moral.'” I’m not quite so sure that the source of morality is survival only, but whether or not I agree with that, the survival that Rand was alluding to was NOT survival of society, but rather the survival of the individual. The necessary condition upon an entity to have rights seems to me to be either the presence of a mind or, at the very least (and probably not nearly enough), some sort of physical existence. A society, the thing to which you claim that at least some rights (and apparently from your argument, those that trump all others) are given, has neither of these qualities. In the end, if the primary position as holder of rights is granted to the society (or the nation or the collective or the volk) the end of all individual rights is the result.

Your examination of things regarding how well they “work,” whether science or morals, again misses the fundamental point of difference between the two. Morality is not science. Moral questions are not posed in a way as to be falsifiable; there are no scientific tests we can perform to determine whether a moral claim fails to hold or not. This points us to the flaw in your Heinlein quote:

“A scientifically verifiable theory of morals must be rooted in the individual’s instinct to survive — and nowhere else! — and must correctly describe the hierarchy of survival, note the motivations at each level, and resolve all conflicts.

“We have such a theory now; we can solve any moral problem, on any level. Self-interest, love of family, duty to country, responsibility toward the human race — we are even developing an exact ethic for extra-human relations. But all moral problems can be illustrated by one misquotation: ‘Greater love hath no man than a mother cat dying to defend her kittens.’ Once you understand the problem facing that cat and how she solved it, you will then be ready to examine yourself and learn how high up the moral ladder you are capable of climbing.”

You rightly recognize that a “scientifically verifiable theory of morals” is nonsense. However, your supposition that Heinlein’s talk about such a “science of morality” was the kind of thing I was referring to is wrong. The realm of morality is different from the realm of science. Moral rules are a priori, in the sense that they are unprovable, and indeed untestable.

The claim Heinlein makes for his future society is unsupportable for two reasons. First, science does not work through verification, but through falsification. Second, moral claims are not falsifiable. This does not make them false, merely not science. Karl Popper understood this. His critiques of certain ideas (notably the later form of Marxism and Freudian psychoanalysis) were based on their proponents’ claims that these ideas were science. They were not falsifiable, and thus, they were not science. Popper recognized, however, that all knowledge is not necessarily scientific. Some knowledge must exist before science in order to make science a method of divining truth. If we claim that science is all there is of knowledge, we are making the logical positivist fallacy. If only statements of science are true, or meaningful, or valuable, then the claim itself that science is all there is fails the same test for truth, or meaning, or value. Examining everything with regards to whether it “works” or not puts us in the same quandary. If, as I suspect, you mean that something “works” when it has so far passed every scientific test devised by us, then the statement that only things that “work” are true (or meaningful, or valuable) is just as untestable and so just as untrue (or meaningless or worthless). Even Ludwig Wittgenstein, in his logical positivist days, recognized this. He said:

6.53 The right method of philosophy would be this: To say nothing except what can be said, i.e. the propositions of natural science, i.e. something that has nothing to do with philosophy: and then always, when someone else wished to say something metaphysical, to demonstrate to him that he had given no meaning to certain signs in his propositions. This method would be unsatisfying to the other — he would not have the feeling that we were teaching him philosophy — but it would be the only strictly correct method.

6.54 My propositions are elucidatory in this way; he who understands me finally recognizes them as senseless, when he has climbed out through them, on them, over them. (He must so to speak throw away the ladder, after he has climbed up on it.)

He must surmount these propositions; then he sees the world rightly.

In 6.54, he recognizes the self-contradictory nature of his own claims, which presumably led to him eventually (somehow not immediately!) abandoning them and taking up (amazingly) other self-contradictory claims. Of course, if we throw away our ladder after we have climbed up it, and knock out the legs of the platform we are standing on, we must wonder what is left holding us up? If the only things we recognize as valid are questions of science and answers found through scientific means, we must in the end accept that there is no justification for science itself. Note that I am not saying we must accept that there is no justification for science, but that science’s justification must be found outside of science. If science’s justification lies outside of science, we might well expect other justifications (such as moral ones) to lie outside of science.

In the end, the existence of a society must be of (distant) secondary importance to the existence of the individual. The individual does not exist to serve society; the individual exists for his or her own purposes. Society, inasmuch as it exists at all, exists only to further the purposes of the individual. If we grant, as you clearly do in your statement:

There are MANY moralities, one for each society extant, of which the objective question is “do they work?” Do they support the continued existence of their societies?

that the existence of society is the primary purpose of morality and even existence, we should not be surprised when individual rights are denied, even by those agreeing with us. In any case, whether we regard the individual and its existence as primary (as I do) or the society and its existence as primary (as you seem to), we may (and probably will) have to fight for the continued practice of our rights, but their protection and their existence are not the same things. If we grant society the top spot in existence, we lose the justification we have in our fight.

You finally say:

It is not enough to believe that there is a single objective standard of morality, based on the corollaries of the fundamental right to one’s own life. It is necessary to convince others of the “rightness” of that standard and those corollaries, and to inspire them to support and defend that standard against attack by others who hold different moralities as “right.”

which I agree with. It is not enough to simply hold that there is a single true standard of morality. However, though it is not sufficient, it IS necessary. If we accept that there are several moralities, each true in its own right and perfectly good for a certain society, be it the New Guinean cannibals, the Maori, the Moriori, or the American Revolutionaries, we have removed our justification for choosing one over another, other than claiming “it’s good because it’s ours,” perfectly unsatisfying reasoning to me. If we insist that how well they “work” (assuming that we have a clear definition of what we mean for a morality to work, which I don’t think we do) is the only means allowing us a preference between them, we again find that we can only say that moral questions are answered “it’s good because it happened” or perhaps “it’s good because the society was successful” or other such after the fact answers. As far as convincing others of the rightness of our standard (and before that, convincing others that there are standards in the first place), I agree that it is an important goal. In fact, convincing you that there is such a true standard (which we must accept before we can say what the standard is that is “good” or “right” or “something that works” or whatever) is my main purpose in writing all this.

Expect the response to be long and involved. I certainly do.

UPDATE, 4/16, 3:35PM: Part IV is up.

Rights, Morality, Idealism & Pragmatism, Part IV

(Continued from Part III)

In regards to reaching an agreement, I think we’re going to shortly reach a point where, unless Dr. Cline changes his mind, we’re going to have to agree to disagree.

If I grasp Dr. Cline’s position correctly, he believes that rights – human rights, individual rights, fundamental rights, however you want to describe them – are like mathematical axioms, where an axiom is defined as:

A fundamental element; a basic principle; something assumed without proof as being self-evident or generally accepted, especially when used as a basis for an argument

He believes further that the corollaries to these axiomatic rights can be discovered a priori from the application of logic to a knowledge of these rights, and an an objective system of morality that is valid for all people, everywhere, at all times can be constructed from these rights.

To that I say, and not as flippantly as it sounds, “Welcome to the United Federation of Planets.” I mean no insult. Please bear with me as I explain the problems I see in Dr. Cline’s philosophy.

Dr. Cline and I have agreed, I think, to at least one fundamental right. That right was described by philosopher Ayn Rand as “A man’s right to his own life.” Rand also stated that all other rights “are its consequences and corollaries.” He and I both agree that this fundamental right is the basic postulate, the self-evident truth, upon which a system of morality should be built. But it’s necessary here to reiterate what I stated in Part II: we have to understand the difference between rights and morality, because the two are NOT equivalent.

Dr. Cline wrote:

Your note that rights are not completely interchangeable with morals is at least possibly true.

No, it is absolutely true, as I tried to explain before. Morals are the rules of behavior of a society, what is and what is not acceptable from its population. This is a critical thing to understand: morality can exist independent of any concept of individual rights, and has for the overwhelming majority of the history of man. Rights may exist as logical postulates, but they have had little to no effect upon human history until very, very recently.

A society is defined by its morality. A society is described as:

A group of humans broadly distinguished from other groups by mutual interests, participation in characteristic relationships, shared institutions, and a common culture.

They usually live in the same general geographic area, and they share a common belief system that defines the limits of acceptable behavior – their morality.

Rights may exist independent of society, but morality cannot. Morality is the set of rules by which people interact, whether those people belong to a band of hunter-gatherers, a tribe of farmers, a chiefdom, or a State. Their morality tells them how to deal with each other, and (hopefully) how to deal with “outsiders” – people with different moralities. The purpose behind having a set of rules of behavior is, at its base, survival. An individual, alone in the wild, has no need for morality. His right to his own life is absolute – and dependent entirely on his ability to survive in the wild. Only when confronted by other people does a question of morality arise – how to best survive as part of a group. Groups of people have a survival advantage over individuals, but membership in a group requires acceptance of the rules of that group – and those rules are learned. They’re first learned through direct experience, and as the society matures, they are learned through instruction.

This brings me back again to Heinlein, and the “History and Moral Philosophy” speech where Col. Dubois states that “man has no moral instinct.” This is the first major problem I have with Dr. Cline’s philosophy. In What is a “Right” Revisited, Part II I stated “I think Dr. Cline believes that man has an innate moral instinct,” to which he replied in his next piece:

Well, I’m not going to argue much against this statement. I do indeed believe that man has innate moral knowledge (I wouldn’t say an instinct, but that’s a pretty minor problem). I should say rather that I believe that I have innate moral knowledge. I’ve never been very convinced of the applicability of knowledge about one’s self to knowledge about others. So instead let’s say that I believe that I have moral knowledge and I suspect that some others do as well.

Yet, in that same piece I stated:

When Thomas Jefferson wrote the Declaration of Independence, he stated:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

He and the other Founders may have held those “truths to be self-evident,” but for centuries if not millenia before they were neither self-evident nor true. In fact, even today those “self-evident” rights are not acknowledged in much if not most of the world.

In Dr. Cline’s reply to that he says:

This statement is only half-correct, and in that half you don’t go far enough. In the millennia before, the statements were true – but they were not then, nor were they in Jefferson’s day, nor are they now self-evident. These truths, like all a priori knowledge are not things that we can prove, but are things that we must discover. It is not easy to uncover reality or truth – not in mathematics, not in morality, and not in science.

I see a problem here. Dr. Cline’s philosophy is based on a concept of rights that exist and are self-evident, as axioms requiring no proof, yet he concurs with me that Jefferson’s “life, liberty, and the pursuit of happiness” rights weren’t self-evident, then or now, though he holds them as true (and in retrospect, I agree with him – largely – on both accounts.) As I said before:

Dr. Cline believes that he has a personal “innate moral knowledge” and he “suspect(s) that others do as well,” but by stating that I think he admits that such knowledge may not be and probably is not universal. That “innate moral knowledge” is akin to Newton’s ability to develop the Calculus by his pure logic, or Einstein’s conception of the Theory of Relativity through his. These are talents that are rare in humans, and when such people apply themselves to the questions of morality, we call them “philosophers” – people like Rand, Kant, Popper, and Aristotle, and also Marx, Neitzche, and Kierkegaard. It is important to understand that when humanity is the topic, “irrational” implies much more than “the square-root of 2.”

Dr. Cline objected to the tale of the Maori and Moriori, saying:

Your claim of the tale of the Maori and the Moriori as evidence of a lack of an objective standard of morality seems false to me. Again, morals are not inviolable. Saying that the fact that not everyone obeys whatever moral rules there might be is evidence for their absence seems to be expecting a little too much of morality. I might wish morality was self-enforcing, but that will not make it so. Anyone can choose to live how he wants; the Maori (at least those involved) made their choices. Your claim that condemnation of them is inappropriate as their behavior was moral according to their society is simply wrong. Any such claim negates entirely the validity of the rights of the individual, subjecting them to a test by opinion poll or ballot. My claim is that the primary position is that of the individual (a thing with both physical form and, more importantly, a mind) and the individual ONLY. Your earlier claim (following Ayn Rand) was that “the whole purpose of morals is to ensure survival, and whatever works to ensure survival is, for that society, ‘moral.'” I’m not quite so sure that the source of morality is survival only, but whether or not I agree with that, the survival that Rand was alluding to was NOT survival of society, but rather the survival of the individual.

First, the story of the Maori and Moriori wasn’t presented primarily as “evidence of a lack of an objective standard of morality.” It was presented as an illustration that there are many moralities, one for each society extant, each based on the experiences learned by the members of that society, and passed on to other members. Dr. Cline states that “Anyone can choose to live how he wants; the Maori (at least those involved) made their choices.” If I’m reading this correctly, he’s stating that the Maori “made their choices” to not accept his “objective standard of morality.”

But how could they choose it? What opportunity did they have? Is this objective moral standard self-evident, or isn’t it?

The point I was trying to illustrate was that they had no concept of his objective moral standard, no concept even of individual rights, at least outside their own culture. The Moriori were “others,” and as such the Maori attack was moral in accordance with Maori custom. Any attempt to convince the Maori that their behavior was immoral would have been met with a blank stare if not outright hostility. They had no concept of any moral standard other than the one they lived under. They didn’t “make their choices” – they had no choices, because man has no moral instinct. They believed and acted on what their culture told them was moral. An agrarian tribal warrior society doesn’t support much in the way of a philosopher class, and their morality worked until they met Europeans who could overpower them.

As an aside, I don’t attribute my assertion that “the whole purpose of morals is to ensure survival” to Rand. For one, I ammended that statement, and second it’s not her idea, to my knowledge, it’s Heinlein’s if not some other, earlier philosopher. What I said was this:

There are at least two bases for morality: survival, and individual rights. For the overwhelming majority of the existence of Man, the morality of any society has been based strictly on survival – anything that worked to ensure survival was, by definition, “moral.”

Man has existed for hundreds of thousands if not millions of years, and our social structures have struggled slowly and painfully up from the band, to the tribe, to the chiefdom, to the state over that long time period. Throughout all of it we have done so without an ideal system of morality, just as we did without mathematics, agriculture, metallurgy, chemistry, or physics. We’ve been too busy just surviving. A theory of individual rights is much like mathematics – something of great value that requires time and resources to explore and develop.

It’s not a matter of the Maori (or any other culture) choosing to reject Dr. Cline’s objective moral standard. Such a standard is still largely undefined today. And one reason it is still undefined is because, aside from Rand’s “one fundamental right,” very few rights of the individual are axiomatic. For example, the right to arms isn’t an axiom, it’s a corollary to “a man’s right to his own life.” It’s the means by which he can defend his life and property. (“IF we know that P implies Q AND we know that P is true THEN we know that Q is true.”) It is the work of philosophers to do the logic necessary to “prove” the corollaries, and I don’t believe that there were too many Maori Jeffersons, or Poppers, but probably a couple of Neitzches.

Morality is, then, by Dr. Cline’s definition, a “science.” It’s based on hypotheses formed from observation, and it’s tested constantly in the laboratory of life. If a particular morality is ever disproved, as the Moriori’s was, the society generally fails and is replaced by a new society, often but not always made up of members of the previous society who have learned that their morality was inadequate the hard way, no matter how well it worked previously. The failure may be catastrophic, as it was for the Moriori and uncounted thousands before and after them, or it may be almost unnoticeable culturally, as it has been for America over its history, as our morality has slowly and incrementally morphed from seventeenth-century agrarian state to twenty-first century information-age state.

But all this takes opportunity and effort, and we’ve only had that opportunity and effort available to us for a short while historically. We’re still working on it, and Dr. Cline alludes to this when he states:

I have suggested in my previous letters that we can know certain rules of morality (of what is right and what is wrong) such as “murder is wrong” or whatever. However, my main point is rather not that we know specific rules of morality with absolute certainty – at least not without a great deal of work (as even rules as seemingly obvious as “murder is wrong” may contain subtleties as, indeed, “murder is wrong” seems to in regard to the difference between murder and other forms of killing). Rather my main point was that we know, with whatever level of certainty possible in knowledge, that there are such rules. We must accept that such rules exist before we can find them.

But accepting that such rules exist is not the same as knowing what they are. Figuring out what they are is the job of philosophers, and they have yet to reach anything resembling a consensus after at least 5,000 years of considering the questions.

Dr. Cline argues that rights, at least the fundamental ones, are axioms. Acted on with logic, we can determine their corollaries. From these we can build an objective morality.

I agree, mostly, with the primary argument – fundamental rights are axiomatic; unverifiable and (hopefully) self-evident, given the opportunity to consider them. Once you’ve overcome the problems of day-to-day survival, you might actually have the time to consider them, if you are of a philosophical (and socially benign) bent. Most people are not though, and through most of human history, the problems of day-to-day survival denied the opportunity anyway.

I agree that some corollaries can be discovered a priori through the application of logic, but as with the greatest problems in mathematics, the greatest problems of those corollaries will take long years to wrestle with, and we may never get a “right” answer. But when it comes to morality, we’re going to remain stuck in the realm of science: Apply the theorem, test in the laboratory of life, and keep testing until it fails. Learn from the failure, work up a new theorem, and try again. Heinlein’s “scientifically verifiable theory of morals” (as he meant it) is nonsense, as science doesn’t prove a scientific theorem the way that a mathematician “proves” a mathematical theorem.

Science just tests to destruction.

Dr. Cline states:

In the end, the existence of a society must be of (distant) secondary importance to the existence of the individual. The individual does not exist to serve society; the individual exists for his or her own purposes. Society, inasmuch as it exists at all, exists only to further the purposes of the individual. If we grant… that the existence of society is the primary purpose of morality and even existence, we should not be surprised when individual rights are denied, even by those agreeing with us. In any case, whether we regard the individual and its existence as primary (as I do) or the society and its existence as primary (as you seem to), we may (and probably will) have to fight for the continued practice of our rights, but their protection and their existence are not the same things. If we grant society the top spot in existence, we lose the justification we have in our fight.

I believe Dr. Cline has misinterpreted what I’ve said on this point, and I have to correct him here. What I have illustrated is that, throughout history, the individual has existed to serve society, but – and historically very recently – that has started to change. Rand said it, and I quoted it before:

The concept of individual rights is so new in human history that most men have not grasped it fully to this day.

The idea that society exists to to further the purposes of the individual,

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, – That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

is very, very new. Our own government, in the case of Kennedy v. Mendoza-Martinez as recently as 1963 stated:

…for while the Constitution protects against invasions of individual rights, it is not a suicide pact.

Survival, it seems, is still the primary basis of our morality, not individual rights.

I was not endorsing the idea that “man serves society,” but recognizing the fact that it has been that way for millennia. Dr. Cline judges these previous societies against his “objective moral standard” based on the rights of individuals and finds them wanting. I judge them against the question “did they work, and for how long?” because I understand that Dr. Cline’s “objective moral standard” has yet to be even mostly defined. It may exist, I think it does, but we haven’t discovered it all yet.

I repeat: No society currently exists based on that ideal single objective standard, and I honestly think it will be centuries – if ever- before one might. If we do, perhaps then we can build an anarcho-capitalist paradise where coercive governments no longer exist, and we can all live in harmony.

But I severely doubt it.

Even the United Federation of Planets had conflicts with other societies who didn’t share their morality. 😉

Until we do, rights will remain what the majority of a society believes and is willing to defend.

Edited to add: I hardly ever do this in these philosophy pieces, but I ran across a Mark Steyn column that said something I think is related to this discussion and illustrative of the point I’m trying to make about how the role of the individual in society is shifting:

The most vital economic resource is people, and that’s the one thing much of the Western world is running out of. The anti-globalists can demonise sovereign states and sovereign companies — the Dells and other multinationals — but we’re entering the age of the sovereign individual, and that will be a lot harder for the anti-glob mob to attack. By 2010, a smart energetic Chinaman or Indian will be able to write his own ticket anywhere he wants.

Read the whole piece, but that quote directly relates to my point that, more and more, society is beginning to serve the individual, and not the other way ’round.

More Idiocy from the Other Side of the Pond.

Reader Doug sent me a link to the Daily Telegraph to an article informing me that now even a butter knife is considered an “offensive weapon” in Merrie Olde England.

A butter knife can be an offensive weapon, the High Court ruled yesterday.

The decision came in the rejection of an appeal by Charlie Brooker, of Welling, Kent, who had been convicted under the Criminal Justice Act of carrying a bladed instrument.

Mark Hardie, appearing for Brooker, argued that the knife had no handle, sharp edges or points and therefore could not fall foul of a law intended to protect people from dangerous weapons.

But Lord Justice Laws, sitting with Mr Justice David Steel, disagreed. He said: “I would accept that a sharp or pointed blade was the paradigm case – however the words of the statute are unqualified and refer to any article that has a blade.”

I did a quick Google search, and found a wee bit more information in The Scotsman. Excerpt:

Section 139 of the (1988 Criminal Justice) Act says any person who has an article “which has a blade or is sharply pointed” shall be guilty of an offence if they carry it in public without good reason or lawful authority.

Mr Hardie said it was important that, as the statute criminalised a person for possession alone and placed a defendant at risk of two years imprisonment, it should not be read too broadly.

The law should only be applied to blades which had a point or sharp cutting edge and were inherently dangerous.

But Lord Justice Laws, sitting with Mr Justice David Steel, disagreed.

He said: “I would certainly accept that a sharp or pointed blade was the paradigm case – however the words of the statute are unqualified and refer to any article that has a blade.”

“In my judgment we should perpetrate a very great mischief if we construed this statute so as to invite argument in case after case on whether an object is sharp or not.”

During the hearing, Mr Hardie said the law would now catch even plastic knives restaurants and cafes supplied to customers with take-away food.

The judge said they should be protected by the section of the Act which allowed such knives to be carried if there was reasonable excuse.

But don’t be caught with a plastic spork if you don’t have take-out food! What, Mr. Booker didn’t have a “reasonable excuse” to be carrying a dull butter knife? It couldn’t have been for self-protection, unless he expected his assailants to fall down laughing at it.

I swear, sometimes I’m convinced that two World Wars and emigration have thrice decimated England’s gene pool; leaving most of the leadership brainless, too much of the population spineless, and the criminals vicious.

More on Professor Saul Cornell

I added an update to the post below, but this is important enough for its own post. Professor Saul Cornell is director of Ohio State University’s John Glenn Second Amendment Research Center, funded primarily by the anti-gun Joyce Foundation. I first got involved in this when I fisked an op-ed written by Prof. Cornell that was published in several newspapers across the country. I emailed him a link, and he replied. His reply was, in my opinion, weak though very personally illuminating, and I wrote a post illustrating it. In the fisking I wrote:

Remember, Prof. Cornell is writing an opinion piece for a newspaper. He doesn’t have to be right, he just has to be convincing. The ill-informed who read this piece think “Hey, he’s an authority, he must be right.” That’s why his side has to keep repeating the big lies.

In my rebuttal to his reply I wrote:

You, an historian, have taken it upon yourself to distort history – something that you yourself claim is unacceptable. You claim that the Justice department’s recognition of the “standard model” of the Second Amendment is somehow “well beyond” a “living document” re-interpretation. I’m sorry, Professor, but if you actually believe that you’re delusional, and if you know better you’re a bald-faced liar. I honestly cannot tell which.

In Randy Barnett’s most recent entry on the topic at The Volokh Conspiracy he had this to say:

Saul asked in his reply: “Given that the gun lobby has plenty of money and places like CATO are strongly gun rights it seems a bit unfair to ask Joyce to fund your point of view.” I do not expect Joyce to fund any point of view with which they disagree. It is not Joyce we are talking about, it is Chicago-Kent and Ohio State. Nor, to reiterate, do I have any problem with an individual scholar like Saul who agrees with Joyce accepting funding to support his or her academic research, provided the funding is disclosed. But Ohio State, like Chicago-Kent, is an academic institution, unlike Cato, or the Federalist Society. (I raised the Federalist Society because, even though it is not an academic institution, its programs have more balance than did Chicago-Kent’s. (I did not compare the Fordham Law Review symposium to the Federalist Society—indeed, I did not mention that symposium at all in my post.)

Let me clarify this by posing the following question: Why did Joyce not organize its own conference, law review issue, or Second Amendment Research Center? The answer is plain: it wants its views to enjoy the academic respectability imparted upon it by the imprimatur of Chicago-Kent and Ohio State. It is that institutional imprimatur that enabled the Ninth Circuit to rely so heavily on articles published in the Chicago-Kent Law Review in his opinion in Silveira v. Lockyer. (BTW, the published opinion had to be modified later to remove its reliance on the discredited work of Michael Bellesiles.) This is what Joyce is buying from Chicago-Kent and Ohio State. This is what it is improper of these institutions to sell.

If Saul truly cannot distinguish between a “research center” at a university (and a public one, no less) and a think tank like Cato, an advocacy group like the NRA or Joyce Foundation, or a blog like the Volokh Conspiracy, then there is more trouble with the Second Amendment Research Center than the principal source of its funding. But the fact that he says he would include diverse opinions in his programs (paid for somehow by other funds) and tried – albeit unsuccessfully – to include divergent views in the Fordham Law Review symposium suggests that he can tell the difference.

(Emphasis mine.) The “delusional vs. bald-faced liar” question remains open, but I know which side I’m leaning towards.

That’s Because You WEREN’T LISTENING

I love the internet. The interconnectivity. The eidetic memory. The instant recall, complete with footnotes.

Instapundit delivers a smackdown to St. Louis Post-Dispatch editorialist Sylvester Brown Jr.’s latest piece, where Mr. Brown states:

I’ve noticed that comedian Bill Maher has been doing a bit of reaching out himself lately. Several times on his show, “Real Time with Bill Maher,” he’s encouraged more conservatives to join his audience. Maher’s even conceded that his criticism of President George W. Bush’s activities in Iraq may have been at least partly wrong.

“Look, on the long-range, big picture of getting the freedom-and-democracy ball rolling in the Middle East, maybe these guys had it right,” Maher said on his show Friday.

Sounds to me like Maher’s buying into the bait-and-switch rhetoric of the Bush clan. Maybe I would, too, if they were straight shooters. But, before the Iraq invasion, the rallying cry was against an “axis of evil” and “weapons of mass destruction.” I don’t recall any prewar speeches about delivering democracy to the Middle East.

Ah, Mr. Brown, accusing the “Bush clan” of lying when it is YOU who are at fault for not listening, as Glenn and some of his readers point out.

Perhaps you should try removing the blinders and the earplugs, and listen to what the “Bush clan” acutally says rather than what gets through the media filter, eh?

If I recall correctly, the protests against Bush’s call to “deliver democracy to the Middle East” was (and I paraphrase) that ‘the wogs weren’t up to it, and didn’t want it anyway.’

Edited to add: Oh, and this reminds me of a July, 2004 post that drew some attention when Steven Den Beste linked to it for this cartoon:

The Internet = Total Recall

Yup. This is Why Our Ancestors Left Europe

Apparently this week’s Carnival of the Vanities was hosted by some Leftist EUnuch who decided that his/her/its theme would be “trash America and Americans for not being Leftist EUnuchs.” Take, for example it’s intro to Zendo Deb’s entry:

Not satisfied with being shot when they venture overseas, Americans like to shoot each other. Zendo Deb at TFS Magnum sure likes the notion. She is angry that those filthy liberals think the law is something to be respected. Apparently, this old geezer was arrested for concealing a weapon, which he used to shoot and kill an assailant. Deb asks what the old man should have done. Well, Deb, he should have just given the kids his money and rung the coppers. So he loses his wallet. Never mind. Get the criminal compensation board to pay him back what he lost. Don’t have one? You would if you were a liberal. Human lives will never be worth as little as the contents of your wallet, Deb, not in any place Dr Zen has even the smallest say. I don’t care who does the shooting, you or the mugger. The old guy should get life for murder, pure and simple, and idiots like you should cool your boots and learn what really has value in this life.

And, had he not been armed, the three assailants should have gotten counselling, right?

In “It’s most important that all potential victims be as dangerous as they can” I wrote this:

(The) recognition of the difference between violent and predatory and violent but protective illustrates the difference in worldview between people like me, and the (we’ll call it) pacifist culture.

Britain today represents a perfect example of the pacifist culture in control, because that culture doesn’t really distinguish between violent and predatory and violent but protectiveit sees only violent. Their worldview is divided between violent and non-violent, or passive. There is an exception, a logical disconnect if you will, that allows for legitimate violence – but only if that violence is committed by sanctioned officials of the State. And even there, there is ambivalence. If violence is committed by an individual there is another dichotomy: If the violence is committed by a predator, it is the fault of society in not meeting that predator’s needs. The predator is the creation of the society, and is not responsible for the violence. He merely needs to be “cured” of his ailment. If violence is committed by a defender, it is a failure of the defender to adhere to the tenets of the pacifist society. It is the defender who is at fault because he has lived by the rules and has chosen to break them, and who must therefore be punished for his transgression.

“Dr. Zen” is a Brit.

I rest my case.

Zendo Deb has a bit more to say, though. And as Eric at Classical Values points out in his cutting commentary on “Dr. Zen,” Lawrence at This Blog is Crap has posted an alternate Carnival.

We Americans. So simplisme.

Did Anyone Watch O’Reilly Tonight?.

A poster at AR15.com reports:

The grandfather of the 5-year-old girl who called 9-1-1 after her parents were stabbed to death was on Bill O’Reilly’s show tonight. The grandfather is a retired LEO and they were discussing how the justice system had let the couple down…

As they were talking about the matter the grandfather said his son had called him 2 weeks before and told him they were afraid of the individual that eventually killed them…

The son asked his farther to get him a gun… the father told him no let the authorities handle it.

Thought he never said so you could see on the man’s face he knew he had really made a bad mistake not getting that gun for his son.

I wanted to get angry but just could not seeing the poor mans anguish.

Another “depend on the government for your protection” victim. Only this time, he was the vector.

Well, he’s still got a granddaughter.

I hope he can sleep at night. Eventually.