Posts Tagged ‘supreme-court’

Inglorious Decision Makers

Monday, January 25th, 2010
Quention Tarantino - Inglorious Basterds

Quention Tarantino - Inglorious Basterds

On Friday night my wife and I watched Quentin Tarantino’s Inglorious Basterds. Having enjoyed much of Mr. Tarantino’s previous work (Pulp Fiction, in particular) I was anticipating with great relish another dose of his enormous flair for form, pacing, humor, dialog, color, and hubris. He did not disappoint. Bloody, violent, and disturbing, yes, but a great treat all the same.

I had two philosophical issues with the movie. One quite limited and aesthetic, and the other raising a broader question. The first I will explain by saying that I prefer solid wood to veneer. Veneer inserts a fiction between the viewer and the object. Solid wood permits the viewer to see the object for what it is. Tarantino’s script rewrote certain important, nay critical, aspects of the Second World War. While a pleasing veneer from a plot perspective, his choice seemed to me to be unnecessary.

The second issue had to do with something more fundamental. Ends and means.

The script bristled with rousting “let’s stick it to those krauts” moments with its eponymous hand-picked cadre of scalping killers bent on instilling rampant fear in the ranks of the German army. But once or twice I wondered whether Tarantino didn’t perhaps want us to feel just as uncomfortable about the brutality of the good guys as he did about the brutality of the bad guys. (If so, the movie perhaps ventured into new moral territory for Mr. Tarantino, who has previously cleaved to the open plain of moral expedience.)

The Inglorious Basterds slaughter and scalp and leave bloody mark on their victims, and we root for them, don’t we? I mean they’re fighting against the Nazi’s, after all. Later we see the self-important Nazi sharp-shooter hero turned actor picking off allied soldiers in a Goebbels propaganda movie and we’re supposed to feel disgust for him, aren’t we? After all, he’s fighting the allies.

After a while there’s so much wanton mayhem on both sides that we begin to lose sight of who holds the moral high ground. I was confused. I got the feeling that perhaps Mr. Tarantino was confused.

Top (left to right): Alito, Ginsburg, Breyer, Sotomayor. Bottom: Kennedy, Stevens, Roberts, Scalia, and Thomas.

Top (left to right): Alito, Ginsburg, Breyer, Sotomayor. Bottom: Kennedy, Stevens, Roberts, Scalia, and Thomas.

But that’s not what I really set out to write about. I really set out to write about those inglorious basterds the conservative supreme court justices Roberts, Scalia, Thomas, Kennedy, and Alito. As written about in the NY Times, their recent majority decision on campaign finance puts the free speech rights of corporations and other organizations on a par with that of individuals, opening the door to an increase in corporate money in politics.

Lead dissenter, Justice Stevens pointed out that no new principle required overruling two major campaign finance precedents. “The only relevant thing that has changed since” those two decisions, he wrote, “is the composition of this court.”

The conservative justices sought to equalize the rights of corporations and individuals. But surely the freedoms of corporations or organizations should be distinguished from those of individuals rather than equated to them?

Society affords certain rights and privileges to its individual members by virtue of the fundamental equality it wishes them to have. This is eminently sensible. But to say that corporate entities inherit these same rights by default rests on nothing but a sleight of hand. Corporate entities or other organizations serve society only as far as they don’t impose on the general rights or wants of society. That’s why corporations are regulated, so that we can keep them in check.

The right of free speech implies the voice of an individual conscience expressing itself. Where in a corporation would you find that individual conscience? If it’s in one person, then let that person speak. If it’s in a board room, then let those board members speak. If it’s in the shareholdings, then let those shareholders speak.

Let’s be frank, corporate free speech implies corporate special interest. Permitting it willy nilly in politics further dilutes the voice of the average American citizen.

“While American democracy is imperfect,” writes Justice Stevens, “few outside the majority of this court would have thought its flaws included a dearth of corporate money in politics.”

Bravo, Justice Stevens.

The Philosophy of Exceptions: Grace, Gavels, And Paying for Grades

Tuesday, May 27th, 2008

On a stroke victim’s experience of nirvana, Supreme Court justices’ rendering surprising decisions, and a father’s $45K investment in his son’s self-motivation.

Philosophy blog: Simpsons Movie Pollution endangered species evolutionI watched The Simpsons movie over the weekend, which uses the twin drays of pollution and global warming to help drive its plot. I thought it must have been during the Simpsons movie that I heard a witticism about an endangered species being one simply less able to survive, but my daughter corrected me; David Letterman cracked the joke about the great blue heron when he hosted the Piedmont bird impersonators on a recent show.

Which is a long way around (what do you expect?) to introducing the subject of my curiosity today — exceptions. An endangered species might be considered an exception in that it is one of a minority of the species on the planet doomed to imminent extinction, but maybe another way of looking at this is that every species is endangered, we’re just each on our own time-lines.

Other exceptions:

Philosophy blog: Stroke victim left brain taylorA stroke victim experienced an informed nirvana after her stroke disabled the egotism and analytical dominance of her left brain. Doctor Jill Bolte Taylor, now recovered but having learned a new skill, can still tap into the peaceful, euphoric oneness that her stroke foisted upon her. Unusual in her pragmatic perspective on the sensation, Dr. Taylor describes her experience as a sudden understanding the relative and all-connected reality of her existence. But since we’d need a stroke, and a lucky stroke, to get to the same euphoric sensation, what use is Dr. Taylor’s unique affliction?

The Supreme Court rendered two surprisingly non-conservative decisions today in favor of workers versus employers. The particular details are less pertinent to this post than their out-of-wackness.

Philosophy blog: Shelby 427 Cobra paying for education resultsAnd lastly, I’ve written variously before on the value of education as an end in itself. I was just talking about this yesterday to my wife’s aunt’s mother (such are family gatherings) who made the pertinent point that the value of an education is to teach one how to learn. But today I read the compelling story of a man who bribed his son to apply himself in school by promising him a Shelby 427 Cobra. (Those kids who’ve been duped into performing for $50, read no further…)

Alright, so what gives? We like evolution, survival of the fittest, but we love the endangered species. We pride ourselves on our mastery of language, on our analytical heft, but our jaws drop as we think about freedom from ego and stress. We hate the conservatism of the court with such vehemence that we try to read conservative subplots into its more liberal decisions. And we don’t believe in the value of financial incentives in encouraging our children to learn, but we wonder how we’re going to pay for the Shelby Cobra…

Exceptions.

Does an exception tell us that the rule is wrong?

Not necessarily. I think they perhaps give us a new overarching rule that we should be careful of absolutism. We love to categorize. Categorizing has been such useful skill for the conscious mind that it has become a ready defense against uncertainty. In some cases perhaps too ready.

Dr. Taylor’s experience tells us that we may have a very different perception of reality if we could find ways to counter the less helpful strategies of the left brain.

The Supreme Court justices remind us that we can’t necessarily judge people by their past actions and ideas.

And the father who bought his son a Shelby Cobra for making the honor role thumbs his nose at those of us who hove to the higher ground of learning for the sake of learning…

Burdens of Identity

Monday, April 28th, 2008

On the Supreme Court’s upholding of ID needs for voters, Barack Obama’s tussle with Wright’s preaching, and a couple of proposed field trips.

Philosophy blog: Supreme Court decision on Indiana state need for picture ID for votersUpholding the Indiana state requirement for voters to show a picture ID, the Supreme Court majority concluded that this requirement wasn’t unduly burdensome on any class of voters. Indiana provides picture IDs at no cost for the poor and allows someone to vote without an ID if they subsequently show one within 10 days. (Souter, in his dissent, said the requirement could pose a non-trivial burden on many.)

After reading today that Obama attended Jeremiah Wright’s church for twenty years, I felt prompted to give some more thought to the controversy stirred up by Wright’s divisive and outspoken views. His critics would have Obama explain why he cannot be associated with Wright’s views when he sat through his sermons for twenty years.

Condoleezza Rice and the Bush administration have criticized President Jimmy Carter for meeting with Hamas and the Syrian leadership. Carter writes an elegant response to these criticisms in an op-ed today. What he says, effectively, is that avoiding discourse works far less well than engaging in discourse.

Philosophy blog: Barack Obama speech on racism in AmericaI don’t know whether Obama ever engaged Wright directly on his views. But just sitting through those sermons must have forced Obama into having to engage with the ideas being expressed, not to agree with them necessarily, but to acknowledge their presence in the world. If he’d got up and walked out and never come back he might have made a statement, but he would have missed out on years of study of Wright’s perspective — and Wright’s perspective is not unique. If the country’s leaders don’t engage with it, we won’t made progress against racism.

But while the furore continues the burden remains with Obama to define his identity. Much better for him to do this by being what he is (as he did in his eloquent speech on racism) rather than defend what he’s not.

(Ironically, sitting through endless speeches one disagrees with figures prominently in the job description for a law maker. Obama seems to have that qualification in spades.)

Philosophy blog: Supreme Court justices picture id for voters in indianaHow does a Supreme Court judge begin to determine whether the acquisition of a picture ID constitutes a reasonable burden for a poor would-be voter in Indiana?

The ID may be free, but where are the administrative offices from where the IDs would be attained? How far from where people live? How convenient for public transportation? How long is the wait once they get there? What fears may large numbers of poor people have about applying for a picture ID?

I don’t know the answers to these questions, but they seem to be the kinds of questions one would need to answer before deciding whether the burden would be reasonable.

I suggest a field trip: Take the Supreme Court justices to Indiana. Let them go along with a couple of poor people to get their IDs, then decide.

I’d suggest the same for Obama’s critics. Have them attend a sermon at his church. Then ask them when they come out whether they’ve been swayed by Wright’s opinions.

LIFE Why We Exist and What We Must Do To Survive Rational Science-Based Book About Meaning and Purpose of ExistenceFor a rational, science-based explanation of life’s meaning and purpose, please refer to my book: LIFE! Why We Exist… And What We Must Do To Survive.

National Infallibility: Crime And Punishment

Wednesday, April 23rd, 2008

On the rise in America’s prison population, execution, and administrative wrongdoing.

PrisonThe United States has a prison population far higher than anywhere else in the world. This is a recent phenomenon. About thirty years ago the US prison population started to climb and now other countries regard the US’s penal system as shocking.

The Supreme Court just upheld the use of a lethal cocktail injection for the administration of the death penalty, citing case law supporting the idea that the mere possibility of cruel and painful death isn’t a reason to put a stop to lethal injection. The constitutionality of capital punishment distracts us from whether it is a punishment worthy of an enlightened society.

Philosophy blog: President Bush administration interrogation torture war prisonersAnd slowly but surely details of the Bush administration’s disregard for human rights and US law continue to emerge. Bush and his senior team spent a good deal of time and energy devising mechanisms that would allow them to torture detainees. (Of course, the administration’s blatant disregard for appropriate justification wasn’t limited to the abuse of prisoners. It has been a consistent pattern.)

These three examples seem to indicate a disturbing trend. Most disturbing, the Bush administration’s conviction that it is above the law, simply because it believes it is right. While Europe (much scoffed at by the likes of Bush) has moved inexorably and bumpily toward cooperation and enlightenment, the US has veered off on its own, deluded by the idea of itself as a nation that can remain fixed, or fixate, on the idea of itself as infallible.

Philosophy blog: George Bush Pope US America infallibleAs we’ve seen with the Catholic church in recent years, the infallible have a lot to learn. Errors of national ego punctuate the history of civilization like buckshot. The only thing that can save us from even worse transgressions and further isolation is a healthy dose of humility.

Preconceived Ideas: Gun Control And The Iraq War

Wednesday, March 19th, 2008

On reconciling what we want to think with what logic dictates.

Philosophy blog: Gun Control in America CartoonAfter reading the NY Times editorial on the Supreme Court’s review of gun control laws, and thinking that I generally agreed with the board’s perspective — that some manner of gun control was not only a good thing but constitutional, I glanced down at the readers’ comments and began to question how I’d arrived at my conclusion. Most of the readers’ comments seemed to oppose the board’s analysis. Many of them seemed to have strong, rational views on why the NY Times editorial board was wrong. Had I perhaps sidestepped a thoughtful analysis of the issues? Do I really know where I stand on the effectiveness and desirability of gun control laws, or have I simply adopted a default, liberal stance?

Philosophy blog: President Bush on Iraq Troop WithdrawalAnd to mark the fifth anniversary of the invasion of Iraq, President George Bush got back onto his soap box today at the Pentagon to argue against any precipitous move toward troop withdrawal. He warned that if America pulls its forces back too quickly, the result will be “chaos and carnage.” Whereas, “chaos and carnage” would not be valid descriptors of what’s been happening in Iraq for the past five years?

But I’ve long harbored the suspicion that my presumptive position that I would support a withdrawal of troops from Iraq has been founded on ideology, or, perhaps to be more precise, on an opposition to hawkish Republican ideology, rather than logic and reason.

In a nutshell, some things we believe because we want to believe them, not because we’ve thought them through. This is what ideology or partisan thinking is all about, I suppose.

It’s a very appealing way to spilce the issues. It makes things so much easier. We pick an ideology that appeals to us and frame our thinking through that lens. It also seems to be a very common and perhaps inherently human thing to do.

Philosophy blog: Evolution Consciousness Survival ConceptsConsciousness achieved evolutionary success because it allowed us to understand events and act accordingly through an abstract perception of the world around us. The very foundation of conscious thought is the manipulation of ideas. Ideas, by definition, simplify the infinite variations that occur in the real world by lumping things together into useful categories. If one were to measure the height, density and hue of cloud coverage and the time variation of precipitation, for instance, one would quickly conclude that no two rainy days are exactly alike. But the concept “rainy day” is sufficient to cover all of these variations and convey the idea of an abstract rainy day.

Abstract thought has been so successful as an evolutionary advantage that it’s allowed us to find ways to survive in climates that would otherwise kill us, to eat and drink despite local droughts, and to realize such huge efficiencies through industrialization and mechanization that for the most part we don’t have anything to do with the processes that shelter, feed and clothe us.

Philosophy blog: Plato Cave Allegory Ideas ConceptsIdeology is a form of categorization. We lump together into a convenient bucket a whole set of related concepts about our philosophy on life or politics or whatever. And, even better, the bucket has a whole set of rules about what goes in there (sometimes these are a little vague or personal, but for the most part they’re pretty solid). If we’re a liberal, we oppose the war in Iraq, support some manner of gun control, abhor Repulican attempts to dismantle Roe vs. Wade, desire more government investment in healthcare… etc., etc.

Is this a bad thing?

It’s neither an inherently bad thing, nor an inherently good thing. Since we categorize by virtue of our way of thinking, it can hardly be intrinsically bad. And since it leads to so much strife and anguish in the world it can hardly be wholly good.

As with so many things, the awareness that we do it, and being prepared to doubt ourselves when we do it, seems to be the important thing.

LIFE Why We Exist and What We Must Do To Survive Rational Science-Based Book About Meaning and Purpose of ExistenceFor more rational, science-based explanations of life’s meaning and purpose, please refer to my book: LIFE! Why We Exist… And What We Must Do To Survive.

Drug Failures and Drug Addiction - Who Is Responsible?

Saturday, February 23rd, 2008

On the FDA, drug companies, and addiction to crack cocaine in Argentina.

fda food and drug administration lawsuits supreme court decisionThe NY Times disputes the Supreme court’s 8-1 decision to prevent liability lawsuits against drug companies if their products have been approved by the FDA. The Times argues that the FDA falls woefully short of ensuring adequate checks against faulty drugs and medical devices, and therefore that drug companies shouldn’t be immune from lawsuits if their products prove faulty. I see the point, but it seems ridiculous. Either the FDA should get out of the way, or it should do its job. Let those who have suffered from faulty drugs or medical devices sue the FDA.

crack cocaine scourge argentina brazil addict addictionThe Times also reports on the scourge of crack cocaine in Argentina. I’ve written about illegal drugs before, arguing that it is irrational to ban some drugs but permit others. I see the point of the mothers and families of those addicted — get the drugs off the streets; keep them out of the hands of our children and the world would be a better place. But I wonder how we can rationally draw distinctions between crack cocaine and, for instance, alcohol.

The distinction seems to be this — crack cocaine has no redeeming or redeemable qualities. As the story suggests, it is inevitably a pernicious substance. There’s no such thing as a recreational user, no such thing as a puff or two. I’ve never tried crack cocaine, so I’m presuming that I can believe what’s written about it. It is so highly addictive that casual, occasional, recreational use is impossible.

Laws, government agencies, police forces… Society sets up institutions in an attempt to protect us and keep us safe. We should expect these institutions to perform the kind of job we assign them, so long as we oversee them and fund them appropriately. But, while institutions should be adequate, they can’t be perfect, and we have a responsibility to ourselves to expect and protect against institutional problems, failures, and shortcomings. Holding the FDA responsible because it has inadequate testing for problematic drugs and medical devices seems appropriate. Suing a drug company because its product wasn’t adequately tested by the FDA doesn’t. On the other hand, if a company knowingly deceived or took advantage of the failings in the FDA, it does seem appropriate that the company also bears responsibility.

Local, State, Federal, Global

Monday, October 1st, 2007

In an article today on the growing importance of DNA information in the criminal justice system, the New York Times reports: “All but eight states now give inmates varying degrees of access to DNA evidence that might not have been available at the time of their convictions.”

And in a NYTimes story on Saturday; Texas is moving ahead with execution by lethal injection (next up, a Honduran, Mr. Chi,) despite the Supreme Court’s last minute intervention the previous day to prevent a similar execution (since the drug administered may result in pain that could be considered cruel and unusual): “A lawyer here who represents Hondurans in the United States, Terence O’Rourke, has said Mr. Chi’s execution would violate international law.”

What struck me about these events, apart from the importance of the events themselves, was the philosophical basis for deciding matters of importance to society at the local, state, federal or even international level. I wondered why a prisoner in one state detention system should be denied access to DNA test results if, as a society, we were to conclude that access to such test results was reasonable and good. And why when we have international laws about some things, as a matter of simple humanity, we wouldn’t have international laws about others.

I realize that there are practical matters to consider (not least of which the difficulty of arriving at decisions and implementing on a large scale), and I realize that the constitution and legal system of the United States deliberately leaves many matters to be determined and decided by the local and state legislature, but from a philosophical perspective, such an arrangement troubles me. And it troubles me further that there seems to be such a fierce defense of the right for local and state legislatures to reach their own determinations. Surely if something of such importance as DNA access is appropriate in one jurisdiction it is appropriate in another?

I grew up in England where such things are determined far more homogeneously. The laws of the land don’t vary from place to place in England for matters of great importance (although there are by-laws for matters of limited importance). Which perhaps explains to some extent why it strikes me so oddly that something as important as a convicted person’s right to access DNA information can be withheld in some parts of the country and not in others.

To approach this philosophically: Ideally, a society creates rules and laws that serve its collective and individual interests. We can think of society at various levels — a small social group, an organization or community, a town or city, a state, a country, and the world. Sometimes the rules and laws of a particular group logically apply only to that group (the requirements for membership of a club, for instance). And sometimes the rules and laws of a particular group naturally intersect with a larger or different group — local, state, and federal laws for instance.

One can say that logically the rules and laws within the jurisdiction of a group should be appropriate to the universality of that which is being determined.

For instance, to take a simple example, laws about how close I can build my house to another house have a great deal to do with the particular geography and density of population of the place I live. The zoning laws of New York City probably don’t make sense in Billings Montana. The same could be said about noise ordinances, or any number of concerns that would naturally vary in their importance and interpretation from one place to another.

But the same does not seem to logically apply to the example of access to DNA evidence. Logically, if access to DNA evidence can mean the difference between incarceration and exoneration of the innocent, such right to access should be determined nationally not locally. Innocence or guilt does not vary from state to state.

Likewise, I would think that as a species we could find general agreement between countries on what is cruel or inhuman. (Sad to say that the current United States administration has not set good precedent on applying such logic.)

This is a theme and pattern that comes up again and again. Accepted processes and procedures, whether legal or otherwise, very often come about by custom and by the sway of particular events and people. Over time they become accepted. We don’t challenge their logical foundation.  Rarely do we take a set of problems and concerns and seek to understand them logically, rationally, from their founding principles. Logical interpretation won’t always provide the best solution or the only solution, but it is a perspective that should always be considered.

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