Tag Archives: government

We Can’t Control Ourselves but We can Control Others?

05 Wednesday Feb 2020

Posted by in apologetics, atheism, Catholic, christianity, law, metaethics, Morality, philosophy, politics, rationality, religion, Uncategorized

≈ 8 Comments

Tags

, , , , , , , , , ,

 

Do we have free will?  I don’t have anything more to offer as far as evidence.  But I do think it is clear that morality and our justice system is a complete flop if we don’t have free will.   Most proponents of determinism agree that, if they are correct, we are not morally responsible/culpable for our actions.  But they still might believe there is a right and wrong way to act.    So, they don’t completely abandon hope of morality or a rational justice system.

 

In my opinion determinism allows only a crippled view of morality.  It doesn’t matter what direction morality points us we are on a train going wherever we are going and we can’t get off anyway.  Our hope for a rational justice system would also seem to rely on dumb luck.    How might our meta-ethical views concerning determinism impact our criminal justice system?

 

Traditionally criminal laws were grounded on four different notions, vengeance, retribution, deterrence and/or rehabilitation.   Retribution has replaced vengeance, although sometimes people fail to draw a distinction between the two.   I am not aware of anyone who believes in hard determinism but still maintains we should keep retribution as a grounds for our criminal justice system.  Retribution is the most important aspect of our criminal justice system but that will be the topic of another post.  Here, let’s consider the claim that even if determinism is true we can still pass laws for deterrence or rehabilitation purposes.

 

For example, Sam Harris says if you are a determinist like him:   “We could forget about retribution and concentrate entirely on mitigating harm. (And if punishing people proved important for either deterrence or rehabilitation, we could make prison as unpleasant as required.)”

https://samharris.org/life-without-free-will/

 

He like many determinists agree retribution is out.  But he claims we can still hope to achieve two other goals of our criminal justice system – rehabilitation and deterrence.   Deterrence is the idea that we can prevent people from committing crimes if they think undesirable things will happen to them as a result of those crimes.  So we can pass laws with punishments that are unpleasant and thus we make it less likely people will commit crimes.    Rehabilitation, at base, is the notion we can do things to criminals such that they will act in a way we want in the future.

 

So, if we accept determinism and still think deterence and rehabilitation are viable, we find ourselves saying we have no influence or control over our own behavior, but we do have influence and control over other people’s behavior.  Traditional wisdom suggests the opposite.  Common sense suggests we have more influence over our own actions than we do over other’s actions.  Is it possible that we can have no influence over our own actions, yet we are still be able to influence other people’s actions?  No, not in any meaningful sense.

 

I think this is an example of people not fully appreciating the far reaching implications of their position.  If determinism is true then even saying “we could make prison as unpleasant as required” plays on an ambiguity and is not actually accurate.  The ambiguity is in the term “could.”  “Could” can mean: we have the option.  Or “could” might mean: it is possible.

In Harris’s usage he seems to suggest “we have the option to make prison as unpleasant as required.”  But of course, on determinism we have no options.  We must do what we are going to do, and can’t do otherwise.  So that meaning of the word “could” leads to a contradiction in his beliefs.

 

If he means just that “it is possible that we would make prison as unpleasant as required….”  Then we might ask so what?    It may be possible, but we have no influence over our actions so we have no way to make that possibility a reality.

 

Our very sense of self is obliterated by determinism.   We are like ping pong balls in a lottery machine.  Yes we “could” bounce into other balls causing them to jostle and become a winning number.  In the sense of “could” that “it is possible” that happens.  But, of course, those ping pong balls have no control over themselves so it is not an option they have.

 

It makes no sense to take the perspective of the ping pong ball.   If we throw out free will then we throw out our whole notion of self.   It is no longer even sensible or meaningful to think in terms of what we “can” or “could” do.   We are just parts of a system that must act however we are going to act.

 

For those who are interested in the free will debates I highly recommend this set of lectures:

https://www.audible.com/pd/Great-Philosophical-Debates-Free-Will-and-Determinism-Audiobook/B00DGDBO2Q?qid=1580847985&sr=1-1&pf_rd_p=e81b7c27-6880-467a-b5a7-13cef5d729fe&pf_rd_r=FNSXY98EKBP6E5CPEM6G&ref=a_search_c3_lProduct_1_1

Love Versus Envy

02 Tuesday Apr 2019

Posted by in atheism, Athesism Christianity, Catholic, christianity, Morality, philosophy, Uncategorized

≈ Leave a comment

Tags

, , , , , , ,

Love is the basis of Christianity and so it is only fitting that a Christian should consider what it is and what it is not.  In this blog I will compare love and what I think is the opposite of love – envy.  In the next blog I will talk about how love has important differences with empathy.

As Christians we know that craving anything before God is sin.  Wealth is one of those things that can lead to sin.   It, however, is not always intrinsically wrong to have property.  Christ wants us to give to the poor.  If giving them items caused them to be in sin, he would not ask us to do that.  Moreover, the fact that we are commanded not to steal suggests that owning property is part of God’s plan and can be healthy.

If I tell you that country A has a wider wealth gap then country B many people would say that, in itself, is reason to think country B is better.    I’m not one of them.  If people in A are all wealthier then all of those in Country B I would rather live in A, even if I was at the low end of that gap.   I would rather have more in absolute terms in country A even if relative to others in my own country I had less.

I know lots of people who have much more money than I do and I am glad they are in a situation where they can have that.  Envy has actually been one sin that has not usually been a problem for me.  But I do notice that my view is not shared by all.  Some people do think inequality of wealth is itself a problem.   Some people would rather have less themselves in absolute terms if it meant those around them had less as well.   This seems to be a lose/lose option based on envy.

Envy is specially targeted in the tenth commandment.   Envy is also a sin that is especially useful in fueling political and social movements.  Envy of the Jews has lead to antisemitism.  Socialism in particular uses envy to fuel it’s movements.  See for example the Kulaks, and the Ukrainian Holodomor.  Most politicians today do not talk about “the 1%” because they want to express how happy they are for the advantages they have.

Certainly I am not saying that all advantaged people “earned” their advantages.  That is obviously not true.  Some people are born smart or wealthy and this was obviously not “earned.”   However, being born smart or wealthy is not itself an immoral action either.   Don’t we wish we were born smart and wealthy – and good looks would have been nice too while we are at it.   Is it not due to our love that we want our children to have advantages such as good friends, wisdom, family, and yes, at least, some material possessions?

 

Christ commanded us to love our neighbor as ourselves.

One of them, an expert in the law, tested him with this question: “Teacher, which is the greatest commandment in the Law?”

Jesus replied: “’Love the Lord your God with all your heart and with all your soul and with all your mind.’[c] This is the first and greatest commandment. And the second is like it: ‘Love your neighbor as yourself.’[d] All the Law and the Prophets hang on these two commandments.’

Matthew 22:36-40.

 

The Catechism quotes Saint Thomas Aquina’s short but effective definition of love:

To love is to will the good of another.

Now let’s look at Merriam Webster’s definition of Envy:

painful or resentful awareness of an advantage enjoyed by another joined with a desire to possess the same advantage

 

I think this helps us understand the direct opposition between the envious heart and what Jesus commands.  Instead of rejoicing that others have the advantages we also want, instead we react negatively toward others receiving the goods we want.

Again I am not saying we need to claim every advantage was earned.  And indeed we should agree that some advantages are not only unearned but are unjust.  If someone cheats someone else out of their property justice dictates they should not keep it.   But we need to make sure we are not rationalizing and fueling our resentment of others having more when they did nothing immoral to get what they have.  That would be envy, the opposite of love.

We can be envious even when someone did earn their advantage.  And as for the unearned, if some people were born lucky, like we wish we were born, do we rejoice for them, or are we resentful?  If we are resentful, obviously, we are not loving them as we love ourselves.

It seems to me that envy has as much claim to be the antithesis of love as hatred does.  I may hate many things about someone as they are now but still hope good for them.  Just as I can hate many things about myself and still hope good for myself.  But envy directly fights against willing the goods for others that we will for ourselves.

Is Religious Discrimination Different?

20 Tuesday Dec 2016

Posted by in atheism, christianity, history, Islam, law, philosophy, politics, Uncategorized

≈ Leave a comment

Tags

, , , , , , ,

Generally I think our United States Supreme Court is overly concerned with laws establishing religion and too little concerned with laws prohibiting the free exercise of religion.  A study of the history of the establishment clause demonstrates the Supreme Court has basically turned the establishment clause on it’s head. (https://www.supremecourt.gov/opinions/03pdf/02-1624.pdf see Scalia’s concurring opinion)  But that is another discussion.  For now, I don’t want to get involved with how the amendment is interpreted but rather the more basic question of when certain distinctions may be warranted.

 

If we consider discrimination against race, gender or disability we can see that it is irrational because, it is wrong to blame someone for something they didn’t choose.  Moreover, the mere fact of a difference in race gender or disability does not seem to effect whether someone will act morally – however we want to define morality.

 

But what about religion?  It seems that it is both chosen and it does, at least potentially, effect how people will act.  This difference is indicated by the different cultures that develop based on different religious beliefs.     Is cultural discrimination a bad thing?  I would agree that someone would have to be narrow minded to not like anything about a culture – even Nazi or Soviet culture –  but on the whole it would seem ok if your dislikes of a culture outweigh what you do like about it.

 

While it might be nice if there were clear lines to draw about religious beliefs and how they should be treated by the state and individuals, it seems reality is a bit more complicated.  I will probably post more on this in the future but for right now the question remains whether religious discrimination should be treated differently then, say, race, gender or disability discrimination.

Government Should Get Out of the Marriage and Divorce Business

10 Friday Jan 2014

Posted by in Uncategorized

≈ 2 Comments

Tags

, , , , , , , , ,

Part of my practice is in family law so I know a bit what I am talking about and if anything I would only lose some business.    Yes it sounded crazy when I first thought of it but I have been thinking about it for about 2 years now and it keeps making more and more sense.   (Ok I just used google and see I am not alone in this view)

 

The proposal that I throw out there is this:

 

1)      The state would no longer issue marriage licenses and no longer grant divorces.

2)      There would no longer be any government advantages to being married.  Its irrational inequality to treat married people different than single people and if you are getting married for economic incentives the government offers then pretty much everyone can agree you’re getting married for the wrong reasons anyway. 

3)      People could of course get married in churches or other entities to however they want.  There could be private secular agencies as well as churches and religious agencies.  They would have explanations for what marriage would mean and contractual understandings on what would happen in the case of divorce.  Preferably they would have arbitration clauses so these private matters do not need to be public record in court houses.   It’s not like the parties would need to sign a long contract either.  The marriage license could just incorporate the code or rules it uses (much like today when you get married you are basically incorporating the marriage and divorce code into that marriage license you sign.)

4)      When they get married they would have the church or whatever other entity draw up the paperwork about what it means for them.   The disputes would preferably be arbitrated by the church or other entity instead of in court.   There should be an incentive to keep this out of court so we do not need to waste public funds to sort these disputes out.  Smaller churches would likely pool resources and use the services of certain agencies.  Larger churches could have their own procedures and understandings. 

5)      The courts would simply interpret the agreements as any other if they needed to.  Again though arbitration would be preferred. 

6)      The statement that “we are married” will generally mean nothing to the courts.   Other than perhaps identifying parents.

 

Why do this?

1)      Save tax payer money that goes to funding court house resources.  Trials are a poor way to award custody and the entire public should not need to pay for disputes between 2 angry adults about how they should divide their property. 

2)      The government would no longer be embroiled in trying to “define” what marriage is when the people it governs don’t agree at all.   In a multicultural society that will always be a non-starter. 

3)      Although many churches preach that they think Divorce should only occur in certain circumstances they often don’t practice this.  Instead of trying to make everyone in the state conform to their beliefs they could focus on having their own congregation conform to their professed beliefs.  This is a win for everyone. 

4)      Does anyone really care what the government thinks of their relationship?  I have been married for 10 years and I couldn’t care less what Illinois’s government thinks my relationship with my wife is.   It is between me, my wife, and God.   I care about what my church thinks but I definitely don’t care what the Illinois legislature thinks.

5)      Courts and trials are horrible at addressing family issues.  No judge can get to know enough about the parents or the kids in a 2 day trial to reliably make good judgments.  Churches would have more options through their arbitration rules.   

 

Limitations of this proposal:

1)       There would still be the interests of children that would need to be protected.  Children born out of wedlock (i.e. no contract) would still be handled by the public courts unless the parents agree to use one of the various private arbitration options that would arise.  So it wouldn’t entirely do away with public courts.  For example the Catholic Church does not believe in divorce.  If the parties did not sign some sort of contract or agreement on how the children issues would be handled in the case of separation then the courts would still need to be used.    

2)      Yes this would need to be implement out in the future so private entities could get ready for this.