Category Archives: Philosophy

Congress Becoming a Parliament?

Jack Balkin has a great post describing how Congress, particularly the Republicans, are acting like a European style parliament. His forecast: more gridlock, worse policy, and a decaying country.

When Presidents Break the Law (e.g. Bush)

There is a new book out called Because It Is Wrong: Torture, Privacy, and Presidential Power in the Age of Terror. Written by Charles Fried, a Harvard law professor who served in several legal roles in the Reagan administration, including Solicitor General, and his son Gregory Fried, a philosophy professor at Suffolk University, the book explores “the ethics of torture and privacy violations in the Bush era.”

Harvard Magazine recently ran some excerpts from the final chapter, where the Frieds move off of torture per se and more into the general obligations of a president to the people.

They discuss that at times a president might break the law because he thinks the law will not allow him to do what is necessary to save the country, as did Jefferson in 1807 and Lincoln in 1861.The Frieds liken this law breaking to civil disobedience, with “a fundamental allegiance to the political community and its system of laws and government.” Executive law breaking while maintaining ultimate fidelity to the state and its system is civil disobedience; law breaking outside this fidelity is a coup.

But the Frieds also emphasize that civil disobedience, with fidelity to the state, requires admitting your law breaking. Like civil rights protestors who willingly went to jail, executive law-breakers under the Fried model…

“…break the law in a way that emphasizes their allegiance to the rule of law and the existing system of laws and institutions in general, with the exception of the law or set of laws in question. They break the law openly. They break the law reluctantly only for reasons of deep principle and in situations of great urgency, after making a good faith effort to change the law by legal means. They do not resist or avoid the representatives of the state when they arrest them. The practitioners resist by pleading their case in court, and they accept their punishment if the court goes against them, trusting that their fellow citizens will see the light eventually.”

The Frieds note that unlike MLK, a president takes an oath to uphold the law. Yet quoting Aristotle, they claim that the law cannot always foresee what is in the public interest. But if the executive gets to decide what is in the state’s best interest, what is to prevent the executive from becoming a tyrant? Here is where their call for open law-breaking is essential. The risk of being found guilty by the jury of citizenry will keep executives from going too far. “A chilling effect is exactly what we need when it comes to the rule of law.”

In other words, the Frieds believe that an executive law-breaker should stand up and say “yes, I did commit that act” and let the citizens decide. They compare this, unfavorably, to the law-breaking in the Bush administration, wherein the law-breakers to this day refuse to acknowledge what they did. The Frieds make clear that they are not necessarily calling for prosecutions of Bush officials; they only point out that “there is a great danger to secret executive lawbreaking. What is done in secret could metastasize into the arbitrary, lawless power of the tyrant—as it did in the Weimar Republic, with Hitler’s rise to power.”

Benefits of the European Economic Model

Salon recently interviewed Thomas Geoghegan, author of Were You Born on the Wrong Continent?: How the European Model Can Help You Get a Life, a book which, in addition to having a ridiculously long title, discusses the benefits of the European economic model (higher taxes, generous benefits), particularly in terms of improved quality of life. I haven’t read the book, but he made some interesting points in the interview.

He notes that while Germany (his main focus within Europe) has high wages and strong unions, it is also a leading exporter. With one-third the population of the US, Germany still manages to export more than we do. Thus the claim that America can only be competitive with low wages and weak unions is belied by Germany’s success.

He also takes on the GDP statistics that seem to indicate that America is much wealthier than Europe. He notes that GDP doesn’t measure things like leisure time, or a free college education, or liberal parental leave rules:

“One day we’ll get beyond that and see that the European standard of living is rising. You can pull out these GDP per capita statistics and say that people in Mississippi are vastly wealthier than people in Frankfurt and Hamburg. That can’t be true. Just spend two months in Hamburg and spend two months in Tupelo, Mississippi. There’s something wrong if the statistics are telling you that the people in Tupelo are three times wealthier than the people in Germany…..So much of the American economy is based on GDP that comes from waste, environmental pillage, urban sprawl, bad planning, people going farther and farther with no land use planning whatsoever and leading more miserable lives. That GDP is thrown on top of all the GDP that comes from gambling and fraud of one kind or another. It’s a more straightforward description of what Kenneth Rogoff and the Economist would call the financialization of the American economy.”

That quote makes me wonder: if you took out all the casino components of real estate and wall street speculation, what would the US GDP statistics look like then? I’m sure that someone has done this analysis, but I couldn’t find it online.

Geoghegan makes clear that he is an American and that he loves America and loves living here. He merely notes that when we discuss, as we are in the current election, those great American values of individualism and free markets and the heroic capitalist, we should remember that there are benefits to other systems. Germans work, on average, nine weeks less per year than we do (two months!), and yet they seem to have a pretty nice standard of living. I’m not saying I want to move to Frankfurt tomorrow, because I don’t. I too love living in America. But there is no reason we shouldn’t learn from other countries and from what they do well.

Are Businessmen Evil?

Jane Mayer’s article in the New Yorker about David Koch and his brother Charles and their massive funding of right wing political causes is an absolute must read. Regardless of political leaning, I think everyone should be disturbed by the ability of two incredibly wealthy men to so powerfully affect the political discourse in our society, and to do so anonymously.

But the article also made me think about how the Kochs and other businessmen are so determined to lobby government to support “free enterprise,” or at least to quash regulations that might hurt their business. The article discusses how the Kochs are using the same strategy on global warming – fund enough junk science to convince people that there is no scientific consensus – which the tobacco companies used so effectively to stall regulation of nicotine.

The issue I’m contemplating is not one of maximizing profits, but a broader moral issue. What makes a CEO who knows his product is harmful fight so hard against regulation? Does he take his fiduciary duty to maximize shareholder profits that seriously? Is he so focused on his own compensation that he doesn’t care what health problems he causes? The Kochs are nutjob John Birchers, so I expect them to screw over the world, but what about all the other CEOs? What about those who are fighting against environmental regulations even though they know that the global warming science is solid? Or Wall Street CEOs fighting against regulations when they know that their companies caused the financial meltdown? Or coal mining CEOs fighting safety regulation after an explosion in their mine killed 29 workers?

Look, I’m not anti-business. To the contrary, I am solidly pro-business. I’ve worked at companies, I’ve started companies, I consult to companies. My whole life is built on business. I understand the profit motive. What I don’t understand is the willingness to screw over the public in order to make more money. These CEOs would never in a million years think it was OK to stab a man and steal his wallet, but they have no problem poisoning him with industrial waste in order to save money. When do these people have enough? Where is their sense of human decency?

Americans Want Income Equality

Despite all the rhetoric out there about free markets and entrepreneurship and meritocracy and winners getting just rewards, results from a new survey (done by a professor at Harvard Business School, the fountainhead of free enterprise) show that Americans actually want a more equal distribution of wealth. Moreover, it turns out that most Americans have no idea how unequally wealth is currently distributed.

I posted recently about Timothy Noah’s long piece on income inequality; now he summarizes the results of the aforementioned survey. The survey shows that Americans generally think that the richest 20% of us own 60% of the wealth. In reality, the richest 20% own 85%. The survey also reveals that when shown graphs illustrating America’s income distribution, Sweden’s income distribution and an equal distribution, most American’s chose the Swedish graph. The equal graph was second, and the actual American graph came last.

Or, look at this graph from the survey (hat tip to Baseline Scenario for pulling the graph from the original pdf):

American's ideal wealth distribution

Americans very clearly want a more equal distribution of wealth than they have now. They aren’t agitating for it because A) they have no idea how unequal things really are; and B) there is an aspirational optimism in Americans whereby they always think that they will end up at the top.  But the next time some Tea Partier or Fox pundit starts talking about how Americans love the current system and are totally OK with hedge fund managers making $1 billion per year, remember this graph.

More on Taxes & Government Services

In a timely follow up to my piece this week on the inherent relationship between taxes and government services provided, Anne Applebaum wrote a great article in Slate about the general hypocrisy of Americans who demand smaller government while castigating their government for not preventing or solving problems like the underwear bomber or the financial meltdown or the BP oil disaster. Ms. Applebaum doesn’t put it this way, but I will: if you want your government to do things, you can’t continually agitate for, and only fund, a small government. Doing things requires resources.

Not Either/Or, But Both

If you spend any time reading about current affairs, whether you read newspapers, magazines or blogs, you tend to see that issues are discussed in dualistic terms. Most authors say the matter at hand is the result of either X or Y: two oppositional explanations.

For example, in this Atlantic article about obesity in America, the discussion tends to fall in one of two camps: either X) the obese are weak-willed, or Y) the obese are victims of the US system of cheap corn subsidies and for-profit food companies with their manipulative marketing and clever chemists.

Or in this NY Times article about why the military is awarding fewer Medals of Honor, the reasons given are: either X) the nature of current war doesn’t create as much of the close-in combat that tends to lead to Medals of Honor, or Y) the military system that awards medals has become so risk averse and bureaucratic that someone in the chain rejects even worthy Medal of Honor recommendations.

I understand why authors do this; it’s easier to bundle complex systems into single narratives, and creating oppositional tension makes an article more interesting. But rarely in real life are there two mutually exclusive and oppositional reasons for something. It’s not either/or; it’s both.

Life is complicated, and in virtually all situations there are multitudinous reasons for any phenomenon. Take obesity: of course some people simply won’t restrain their appetites. But it’s equally obvious that the nexus of policies and food companies greatly increases the likelihood of people eating fattening food. X and Y. And there are plenty of other likely causes too.

This shouldn’t be a great revelation to anyone – “oh, you mean there usually isn’t one simple cause for everything?” – yet journalists and pundits continue to employ the binary analysis. Does this matter? I think it does, because popular dialogue ends up framing the debate. If all people ever hear about is either/or, then they will look for a single solution, which will inevitably be insufficient. If the public instead hears about both, then they will look for more complex solutions that can address the multiple causes, and which will be far more likely to succeed.

For example, take the ballooning federal deficit, please. Pundits and politicians would like you to believe that the cause is either too much government spending or tax rates that are too low. If the public buys into that dichotomy, then the public will assume that simply cutting spending or raising taxes will solve the problem. But it won’t. The problem involves both federal spending and insufficient taxes, and it will only be solved by addressing both causes.

Discussion matters because it ends up circumscribing actual policy. So let’s make sure our discussions are accurate, even if complicated, because life is complicated.

On Sacrifice: Eliot Spitzer, Moral Leader?

Disgraced New York governor Eliot Spitzer has a great article in Slate about how Americans have lost their commitment to shared sacrifice, referencing Lincoln’s Gettysburg Address and the exhortation to all Americans to work hard so that the soldiers of the Civil War “shall not have died in vain.” I know it’s ironic to be lectured on sacrifice by someone who couldn’t even sacrifice his own orgasm for the good of his family and his state, but he makes some excellent points.

Spitzer talks mostly about taxes and energy, discussing for example how reading the Gettysburg Address makes  investment bankers arguing for millions in additional compensation seem petty. But I would go further than Spitzer; the need for all of us to sacrifice to solve some pretty big problems could be extended from investment bankers to union members. Shared sacrifice should apply to those who sue for millions when they trip in the grocery store, those who are always looking for a government handout, those who hate sharing. During World War II women stopped wearing stockings because the silk was needed for the war effort. My guess is that we all have a metaphoric stocking we can give up for the good of the country.

The Role of the Supreme Court

Following up on last week’s post regarding the new opening on the Supreme Court, Dahlia Lithwick at Slate wrote a piece more up to her normal standards, discussing how a court that “shows restraint” essentially just perpetuates the political power dynamic currently in force, enabling tyranny of the majority, which is exactly what the founding fathers wanted the judicial branch to be a bulwark against.

Lithwick’s article draws heavily on this awesome NY Times op-ed by Geoffrey Stone, a law professor at University of Chicago. His money quote is here:

Although the framers thought democracy to be the best system of government, they recognized that it was imperfect. One flaw that troubled them was the risk that prejudice or intolerance on the part of the majority might threaten the liberties of a minority. As James Madison observed, in a democratic society “the real power lies in the majority of the community, and the invasion of private rights is chiefly to be apprehended … from acts in which the government is the mere instrument of the major number of the constituents.” It was therefore essential, Madison concluded, for judges, whose life tenure insulates them from the demands of the majority, to serve as the guardians of our liberties and as “an impenetrable bulwark” against every encroachment upon our most cherished freedoms.

Lithwick also refers to this Huffington Post piece discussing how the Democrats have greatly improved their messaging on this matter, linking economic populism with the role of the Court, as in this quote by Vermont senator and Judiciary Committee chairman Pat Leahy:

“Congress has passed laws to protect Americans in these areas, but in many cases, the Supreme Court has ignored the intent of Congress in passing these measures, oftentimes turning these laws on their heads, and making them protections for big business rather than for ordinary citizens.”

LSD and Human Frailty

I went to a book reading the other night by Don Lattin, author of The Harvard Psychedelic Club, a new bestseller about the period in the early 1960’s when Timothy Leary and Richard Alpert, professors at Harvard, were conducting free-wheeling experiments using LSD and other psychedelic drugs. It sounds like a great book, and well worth reading.

The book discusses the broad theme of how psychedelic use ushered in the 60’s as we know them, but I want to focus on two of the personality issues that Lattin brought up last night. It turns out that one of the Harvard undergrads who tried to get involved in the experiments was Andrew Weil, who would later become Dr. Andrew Weil, bearded king of holistic medicine. Weil was rebuffed, since Leary and Alpert had promised not to use undergrads in their experiments. He did not take this rebuffery well, and used his position as a reporter for the Harvard Crimson to dig up dirt on Leary and Alpert, lying, cheating and betraying his best friend in the process. So to clarify: Dr. Andrew Weil, who has made millions on “balanced living,” got his start by sliming other people.

After being fired from Harvard, thanks to Weil’s sneaky maneuvers, Richard Alpert traveled to India, found a guru, and came back to the US as Baba Ram Dass, becoming a well-known spiritual teacher who wrote the bestseller Remember, Be Here Now. Since then, Alpert has dedicated himself to living, and helping others live, a spiritual, be in the moment kind of life. Despite that, Lattin described how when he was spending time with Alpert while working on the book, Alpert still got angry at the thought of Andrew Weil, even 40-plus years later. This is not exactly the behavior one expects of a spiritual guru.

My point is not to criticize Weil and Alpert. My point is to note that even the most centered among us is still human, and thus fallible. Actually, Weil may not be centered – he may be an ambitious, money-grubbing jerk – but that is beside the point. Whether centered or not, spiritual or not, LSD-gobbling or not, we are all human, all too human, and with our humanity comes frailty. We would do well to remember that as we observe the behavior of those around us.