The Market is All

A few days ago we had a long conversation about the problems of assuming that markets (and contracts) were good models for handing other social forms (like marriage).  I found this piece from the Atlantic to be an interesting meditation on some of the problems that arise.

The author begins by listing some of the things that are now for sale:

• A prison-cell upgrade: $90 a night. In Santa Ana, California, and some other cities, nonviolent offenders can pay for a clean, quiet jail cell, without any non-paying prisoners to disturb them.
...
• The right to immigrate to the United States: $500,000. Foreigners who invest $500,000 and create at least 10 full-time jobs in an area of high unemployment are eligible for a green card that entitles them to permanent residency.

Why not other things?

When we decide that certain goods may be bought and sold, we decide, at least implicitly, that it is appropriate to treat them as commodities, as instruments of profit and use. But not all goods are properly valued in this way. The most obvious example is human beings. Slavery was appalling because it treated human beings as a commodity, to be bought and sold at auction. Such treatment fails to value human beings as persons, worthy of dignity and respect; it sees them as instruments of gain and objects of use. 

There are some weak points in the overall argument, and some examples that don't strike me as being a strong as the author suggests.  However, his summation seems quite right to me.

In hopes of avoiding sectarian strife, we often insist that citizens leave their moral and spiritual convictions behind when they enter the public square. But the reluctance to admit arguments about the good life into politics has had an unanticipated consequence....  [Market reasoning] empties public life of moral argument. Part of the appeal of markets is that they don’t pass judgment on the preferences they satisfy...  

This nonjudgmental stance toward values lies at the heart of market reasoning, and explains much of its appeal. But our reluctance to engage in moral and spiritual argument, together with our embrace of markets, has exacted a heavy price: it has drained public discourse of moral and civic energy, and contributed to the technocratic, managerial politics afflicting many societies today. 

A debate about the moral limits of markets would enable us to decide, as a society, where markets serve the public good and where they do not belong. 

This could be seen as anti-conservative, insofar as support for market-based models is a core feature of current conservative thinking.  Or, it could be seen as profoundly conservative, insofar as support for traditional and religious insight into deeper issues of the human condition is a bedrock feature of conservatism.

However we resolve the question of labels for the position, though, the position strikes me as correct.

UPDATE:

A related concern:  when we say that the market decides, what we really mean is that the buyer decides.

For centuries, my predecessors and I have been inculcated with what has come to be called the “Hippocratic Ethic.” This tradition holds that I am ethically required to use the best of my knowledge to recommend to my patient what I consider to be in my patient’s best interests—without regard to the interests of the third-party payer, or the government, or anyone else. 

But gradually the medical profession has been forced to give up this approach for what I like to call a “veterinary ethic,” one that places the interests of the payer (or owner) ahead of the patient. For example, when a pet owner is told by a veterinarian that the pet has a very serious medical condition requiring extremely costly surgery or other therapy, the veterinarian presents the pet’s owner with one or more options—from attempt at cure, to palliation, to euthanasia—with the associated costs, and then follows the wishes of the owner.

A General Principle:

When a man with a long grey beard tells you that he's going to teach you a secret about shotguns that he had from his father, it's always worth taking time to listen to what he has to say.



Via LawDog, who has an interesting story to tell about the history of this approach:  it dates to poachers, African safaris and the British Home Guard.

On The Importance of Picking One's Battles

There may be principled objections to the idea behind the Violence Against Women Act -- for example, the assumption it makes that women need to be under the special protection of the Federal government.  It's clear that Maid Marian benefited from her status as a royal ward, but it's not equally clear that all women ought therefore to aspire to an equivalent status.  Nevertheless, in politics as in war, there are times for digging in and dying in place if necessary; and there are times to recognize that you've been outmaneuvered, and preserve your forces for another day.

In this case, though, the Republicans seem to be doing neither the principled thing nor the smart thing.  This is largely a re-approval of a bill that passed with broad bipartisan support before, so it's not clear that the Republicans do have any strong principle at work as a party here.  This isn't a TEA Party stand against the idea of women as wards of the state; the party leadership is wholly OK with the VAWA, except for a couple of changes in the re-approval.

So, it isn't principle; and as for smarts, those changes (as Mother Jones points out) were made last year.  Good job picking your moment.

Those changes do touch on hot-button issues.  Nevertheless, one of these policies is totally reasonable if you buy the VAWA as a general principle:  while there are very good reasons to oppose the idea that lesbian relationships can constitute a marriage, there are no reasons to oppose the factually obvious reality that they can be violent.  If you believe that VAWA is an appropriate solution to violence against women, then there's no reason it shouldn't hold for lesbian women as for unmarried girlfriends of bad men.

One certainly could oppose the immigration-visa change, but by itself it's not worth the price of the fight.  It would be wiser to let this one go; there will be better ground for re-fighting that issue on another day.

Rules To Waste The Land:

Three little rules today -- two of them from Health and Human Services, a foreshadowing of the increased importance it will take on in every little aspect of your life from now on.

#1:  The first rule has to do with ensuring that abortions are paid for by, well, you.

The Department of Health and Human Services this month issued a final rule regarding the exchanges required under the Patient Protection and Affordable Care Act (PPACA). The rule provides for taxpayer funding of insurance coverage that includes elective abortion through a direct abortion subsidy.   

To comply with the accounting requirement, plans will collect a separate $1 abortion surcharge from each premium payer. As described in the rule, the surcharge can only be disclosed to the enrollee at the time of enrollment, and insurance plans may only advertise the total cost of the premiums without disclosing the abortion surcharge.

H/t D29, who also links the actual rule.  My favorite part of it is the part where HHS asked for public comments:

A large number of commenters offered feedback on proposed §156.280... We considered the comments received on this section, and are finalizing the provisions of proposed §156.280 without modification....

Well, naturally.

#2:  'You know what would be really neat?  It'd be neat if we could take your Federal tax dollars, and use them to lobby state and local governments to raise your taxes.  It's like a feedback loop!

'Too bad it appears to be illegal... but that's a temporary problem we will ignore for now.  Perhaps we'll ask some future, compliant Congress to fix the law later... but we may not bother, since we are the ones who decide when to enforce the laws.'

#3:  Remember how, when you were a kid, you used to love to go swimming at the public pool on hot summer days?

On Jan. 31 of this year, DOJ granted the industry's call for a clarification: But it was not the answer they wanted. All 300,000 public pools in the United States must install a permanent fixed lift. The deadline for compliance is tomorrow, March 15....

There is no way all 300,000 pools can install permanent lifts by Thursday. There simply are not enough lifts in existence or enough people who know how to install them, according to industry spokesmen. Plus, each lift costs between $3,000 and $10,000 and installation can add $5,000 to $10,000 to the total. 

So what happens tomorrow when a disabled individual checks into a Holiday Inn and finds no lift at the pool? The Obama DOJ has said it will not be enforcing the new guidelines right away. That means no fines from the government, for now. 

But the ADA also empowered citizens to sue businesses that are not in compliance with DOJ guidelines. The result will be a huge payday for enterprising trial lawyers everywhere.

Officially, the Constitution empowers Congress to issue letters of marque and reprisal.  Maybe we're now issuing them to trial lawyers, for use against American citizens.

Home Work

If you'd like to see how my friend's home-schooled young son is coming along on that great big piano I posted about a while back, here he is playing Chopin's Prelude No. 17 in A-flat major and looking very grown-up in his grandfather's tie. If he can't pick up girls with this kind of performance, he's not half trying.

Fiber-minded women gathered at my friend's house today from all over Texas. The house and various outbuildings are fairly stuffed from one end to the other with spinning wheels and looms, at least ten of each. It's like something out of Hansel and Gretel: everywhere you look there are skeins of homespun hand-dyed yarn, home-woven rugs, drawings, paintings, and carvings. Outside there are cisterns, barns, chickens, bathtubs full of Louisiana irises and lily pads, handmade concrete paving stones set with old pieces of china or license plates, fruit trees, vegetable patches, roses, wildflowers, and a lot of cats and dogs.

We dyed some cotton, wool, and silk fibers and fabrics with indigo. One of our company tried to figure out how to make an old fiber-carding machine work that someone had found. The newbies among us practiced spinning; I discovered the problem I was having on my own wheel (aside from the difficulty in keeping the newest dog from eating it) is that the treadle doesn't function smoothly. Having used my friend's better wheel, I'm inspired to fiddle with mine and improve it. I'm not quite ready to bring a loom into my home, though, a fact that should comfort my husband.

Revolution and Generation

A rather dire warning from a woman who was once an Iranian judge... until the revolution of 1979, after which she found herself promoted to "secretary."

There's no doubt that the Arab Spring movements have much to concern us.  There's also no doubt that, when the existing social contract expires, "Political power grows out of the barrel of a gun," as Mao Zedong rather rightly noted.

What that means is that we have to sort out who is going to have the guns and convince them that female political power is in their interests.  How to do that?  If it cannot be done, then there will be no rights for women in these societies for a long time to come -- until the new "social treaty" stabilizes, enough for a gentler kind of evolution of thought to take place.  That is the kind of thing that takes generations, not revolutions:  think how many generations were needed here.

Tone Deaf

Let's say that you're outraged by the position of Jesuit universities such as Georgetown with regard to access to birth control.  You'd like to convey the severity of your feelings on the subject to Catholic no-goodsters.

Could you come up with a worse way to try to be impressive than by announcing "a week-long exercise in self-denial"... in the middle of the Lent?

The Offense of Dante

Having seen the destruction of one Medieval masterpiece this week, a self-described "human rights" organization is advocating that we should go for two.  The NGO, Gherush92, explained that Dante's Divine Comedy is -- well, the scope of their complaint embraces every modern heresy.  It's everything that good-hearted people should hate.

Via Media comments that they have a few more suggestions for books that should not be presented to school-age children:

The Bible. This deeply problematic tome has incited full-fledged religious wars and been used to justify slavery, anti-semitism, homophobia and countless other injustices. It should be banned posthaste, along with any works which make reference to its contents, such as Paradise Lost, Dr. Faustus and the collected writings of Martin Luther King Jr.

Pride and Prejudice. Far from being a harmless romantic tale, Jane Austen’s novel is an offensively heteronormative work that implicitly privileges the so-called traditional family and marriage over alternative social arrangements. (We recommend substituting the morally superior Pride and Prejudice and Zombies on your syllabi.)

To Kill A Mockingbird. Promotes cruelty to animals.

The Qur’an. Rejects other religions as inferior. Frequently misread by a small but rambunctious minority of readers as a call to wage holy war on modernity and various national landmarks. Has something against pork, threatening livelihoods of many innocent farmers.

No Country for Old Men. Ageism.

Sherlock Holmes. While ostensibly centering around the exploits of the sleuth of Baker Street, this sinister series in fact promulgates anti-Mormon and anti-Jewish bigotry along the way. Case closed. Permanently.

The map of the cosmology, which can be enlarged, was drawn in the 19th century by an Italian scholar and man of letters named Michelangelo Caetani di Sermoneta.  It shows one of the ways in which the Comedy is helpful to students:  it graphically illustrates the Western worldview's dual debt to ancient Greece and the religious tradition.  Plato takes the (apparently eternal) circular movement of the heavens to be evidence of a semi-divine attempt to replicate the unchanging perfection of the Forms.  The "sphere of fixed stars" and the other celestial spheres were a feature of Greek astronomy that was important especially to Aristotle's physics and metaphysics; its central place in Dante's view of reality was shared not only by Christian thinkers like Aquinas, but by Jewish ones like Maimonides and Gersonides, and Islamic thinkers -- especially Avicenna, who made those spheres the mechanism of God's creation and providence.

Every one of these thinkers is subject to the same complaint as Dante:  each of them is entirely certain of the truth of their faith, and the inferiority of others.  Maimonides' writings, when they touch on race as such, are at least as racist as anything Dante imagined; Avicenna's writings on women will be shockingly offensive to everyone outside of the Islamic world today.

Nevertheless, the student will learn more from any one of these thinkers than from the whole corpus produced by "human rights organizations" working today.  Take what you want from them, and leave what you don't; but if you were to make a list of the thousand greatest minds in history, few of these names would be absent from it.  A guide who provides as useful an introduction to this rich landscape as Dante is invaluable.

The student, in any case, must be trained early to be courageous in the encounter with new ideas, and capable of sorting the good from the bad.  That particular talent, I believe, is called "discrimination."

The Burning of Krásna Hôrka:

Krásna Hôrka, a thirteenth century castle in Slovakia, burned this week due to children playing with matches inside of it.  It is a great tragedy, and a rare opportunity to see the danger that fire posed to medieval fortifications.

The towering flames had now surmounted every obstruction, and rose to the evening skies one huge and burning beacon, seen far and wide through the adjacent country. Tower after tower crashed down, with blazing roof and rafter; and the combatants were driven from the court-yard. The vanquished, of whom very few remained, scattered and escaped into the neighbouring wood. The victors, assembling in large bands, gazed with wonder, not unmixed with fear, upon the flames, in which their own ranks and arms glanced dusky red. 

-Sir Walter Scott, Ivanhoe

Yet fire was not only a siege weapon but a daily tool in such castles:  the main form of heat, and the only form of light beyond the sky.

(Via Medievalists.net, which has far more video from the story.)

"Errant"

High, the painful mountains,

Covered with thorny blue pine.

Mists rise from falls like fountains;

Under trees, with outstretched spine,

The sharp spires of fallen cones

Lie atop grey and aged stones.

In the smoke there shapes a girl

Or else in dreams I have with me;

In the darkening I watch her curl,

The helmet propping up my knee.

Too dark to read, with whitened blade,

I carve a staff in living glade.

Come morning I shall go, and ride

The wildr'ness ridge for distant miles;

Below, the wood is green and wide,

Above, geese sway in arching files;

I ride till trees prick sun with lance:

There in smoke my dream will dance.

Sometimes I dream she calls to me,

And reaches out to stroke my face

In that hot white city beside the sea;

But morning wakes upon the waste.

I rise up from my bed of stone,

Take up my boots, and ride alone.

Grasping the Nettle

I thought I'd touched nettles before, but this is a new one on me. Twenty-four hours later, I still felt as though I had electrodes hooked up to my fingers.

Wikipedia tells me that the stem of the Urtica dioica bears short and long hairs. The long hairs are little needles that inject acetylcholine, histamine, 5-HT (serotonin), moroidin, leukotrienes, and possibly formic acid. (My nettle sting did feel a bit like an ant-bite at first.)

"Urtication" is the process of flogging with nettles. It's not done only to torment; it is considered a folk remedy for rheumatism. Similarly, a beekeeper of my acquaintance reports that it is common knowledge among his colleagues that beekeepers have no autoimmune diseases, a fact they attribute to being routinely stung in the course of their duties. I have heard reports of people cured of crippling arthritis after a dangerous bout with multiple bee stings. So maybe I should be out there grasping nettles, or annoying bees, but I think I'll pass.

Nettles lose their sting upon being cooked, and are said to taste like spinach. Late in their season, however, they produce a gritty molecule that can irritate the urinary tract, so harvest them young. They are used to flavor some cheeses, such as Yarg and Gouda. Their stems produce a fiber somewhat like linen, but coarser. Their roots produce a useful yellow dye. Their presence indicates highly fertile soil, and they are excellent sources of nitrogen for compost. They are one of the few plants that can tolerate and even flourish in soils rich in poultry droppings. We certainly have those. Major chicken-poop operation going on here, though I must say that the nettles were growing quite a distance from the chicken coops.

It's been about 27 hours, and now the effect is finally wearing off.

Just Live It Right the First Time

H/t Maggie's Farm, part of a quotation from the 17th-18th-century Shawnee leader Tecumseh as rendered in the recent movie, "Act of Valor":

When your time comes to die, be not like those whose hearts are filled with fear of death, so that when their time comes they weep and pray for a little more time to live their lives over again in a different way.

The Girl, Getting Bigger:

You all remember my little girl Avalon, right?  She'll be two this spring.

The Emotional Oracle

More links from Not Exactly Rocket Science.

Your brain knows more than you think. Your gut won't give you a good answer about a complex situation you're completely ignorant of, but it may give you an excellent result if you've been exposed to a lot of facts that you haven't yet had a chance to sort through rationally and systematically. Experimenters found that subjects could make very good seat-of-the-pants guesses about complex systems like the stock market, sports tournaments, and weather, after they'd had a mass of uncoordinated data shoved at them on each subject. This result is consistent with something I was reading recently about successful techniques for "cramming" for quiz shows, and with my own experience in picking crossword solutions out of what sometimes seems like thin air. I suppose it's also related to what allows great athletes to do the impossible, or even what makes typing or playing the piano possible without tripping over one's own feet like the proverbial self-conscious centipede.

I wonder if people would do better or worse at this trick after the electro-treatment I mentioned in my last post?

All Quiet in the Head

A nagging millstone, or the "still, small voice"? A mild electro-therapy to the brain is said to quiet the internal cacophony and permit its subjects to learn new tasks with greater ease. It sounds like a way to get catapulted right into The Zone. The author reports that the effect lasted for about three days, and that she missed it like crazy when it wore off. If the device were commercially available, she'd "wear one at all times and have two in my backpack ready in case something happened to the first one." But she wonders whether we would be better or worse people without the nagging doubts that we so often hear in our minds.

Art Against War

The New Criterion has an article called "The New Old Lie," which treats the current demand that war always be treated as essentially meaningless.

The latter view, Schwarz has written, “that combat, even combat that defeats Nazi Germany, is without uplift, without virtue, and without purpose” is “unusually clear-eyed” about “real war.” This belief has been overlooked by a population that wants to be coddled and so refuses to recognize that true artistry goes hand in hand with, as Schwarz would have it, the accurate, nihilistic view of war. 

This conceit has long been de rigueur among professional critics of high culture. In his introduction to Patriotic Gore, Edmund Wilson equated human war to the aggression of gangs of baboons and sea slugs: “at bottom the irrational instinct of an active power organism in the presence of another such organism.”... 

Over the past half century, scarcely an American student has studied Great War poetry without finding out that Wilfred Owen produced the greatest poem of the war. With its horrifying depictions of the suffering and death of fighting in the trenches, his poem “Dulce et Decorum Est” proved “the old lie”—that it is sweet and fitting to die for your country. Tellingly, we would be hard-pressed to find a student these days who has read “Dulce et Decorum Est” in its original form by Horace. After all, the Roman poet could not possibly have produced art if it contained such sentimental pap.

We've spoken of that poem before. "The divide in our nation is between those who feel that the words are "the Old Lie," and those who engrave them in stone."

Why PUA Techniques Don't Work:

xkcd has it nailed.

You can't beat this without hitting bottom.  And once you've hit bottom, you're not looking down on other people:  you're looking up.



I think of the scene from "Fight Club" where Tyler Durden forces the Asian guy, at gunpoint, to return to his studies.  It's at that moment, facing death as a failure, that you realize that anything would be better than this.



And so, you're looking up.  As long as they're fighting, they're fighting for something better.  God save them, and us.

Happy Lent.  Mine has been a failure so far:  and that means it has been a success.  Lent, taken seriously, is also about hitting bottom.  It lets you know that you ought to love the man who is your enemy, because a man like you deserves an enemy.  The man you ought to hate is the man who will accommodate you as you are.

A Song for Spring

The spring is upon us.  And so, a song:



It has a name that honors the generation before the one currently fecund; but without them, how would we have the new?

UPDATE:  As to which, our brothers at BSBFB say...

[W]hat's the difference between bagpipes and an onion? No one cries when you chop up a bagpipe. What's the difference between a bagpipe and a trampoline? You take your shoes off to jump up and down on a trampoline...

Thanks, guys.  We almost appreciate it.

A Surplus in Five Years

The senators most aligned with the TEA Party have produced legislation designed not merely to balance the budget, but to create a surplus within five years.  Such a plan might begin to address the severe budgetary issues threatening the nation:  the unfunded promises in Federal pensions, Social Security, Medicare and Medicaid that will consume the budget.  We must do this sooner and faster, rather than later and more slowly.

The Hill describes the plan -- eventually, after seven paragraphs of explaining that it is a "wish list" that can "never pass" and providing talking points about it.  Here are the details.

The lawmakers said they would turn Medicare into a premium support plan that would give seniors the same healthcare plan as members of Congress. They say this would save an estimated $1 trillion over 10 years....  

The trio would curb Social Security spending by increasing the retirement age over time and indexing benefits to individual incomes. High-income earners would see slower growth in their benefits while low-income workers would see increased benefits.   

The proposal would fund Medicaid, the State Children’s Health Insurance Program, food stamps and child nutrition programs through block grants.  It would cut most discretionary spending to fiscal year 2008 levels but spare national defense spending from the deep cuts mandated by the 2011 Budget Control Act.  It would freeze foreign aid spending at $5 billion a year and eliminate the departments of Commerce, Education, Housing and Urban Development and Energy and privatize the Transportation Security Administration.   

The plan would repeal the 2010 Patient Protection and Affordable Care Act and the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act.

All of that sounds like a good start.  It's a nice touch that they don't "eliminate" foreign aid, as it is one of our cheaper but more effective foreign policy tools.  It's an easy cut that demagogues often suggest to Americans, but we get a lot of mileage out of USAID in places like the southern Philippines.

Pagans MC and the 2nd Amendment

Volokh comments on an interesting case that shows something of the limits of our legal approach to the world.  American laws are based on a model drawn up by businessmen and lawyers, who have a certain way of approaching the world in which business-style arrangements are assumed to be good models for thinking about other social arrangements.  Thus, we have John Locke's concept of a "social contract," which substitutes a business model for the actual facts about how political bonds are formed and maintained; and we have the modern concept of marriage as a sort-of contract rather than a kinship bond, the limits of which we've discussed at length here.

Another limitation is demonstrated by the current case.  The President of a chapter of the Pagans Motorcycle Club (PMC) is a convicted felon who is, therefore, denied exercise of second amendment rights.  Now, he lives in a violent world in which he might come into conflict with the Hell's Angels Motorcycle Club (HAMC), which has been trying to push the PMC out of some of its traditional territory, and so he feels (with some justice!) that he needs protection.

Many men in a situation where the law was putting their lives at risk -- and not merely outlaw bikers! -- would simply have thumbed their noses at the law and done what they felt they had to do.  Our chapter President, however, actually obeyed the law in spite of his felonious past:  he just asked that members of his club who were able to obtain lawful concealed weapons permits do so, and then carry firearms when with him on club business in order to protect him.

The court has held that those club members who did this -- who, remember, were able to pass the criminal background checks required for them to obtain legitimate concealed weapon permits -- broke Federal law.  The reason the court believes this is true is that it accepts the government's argument that the club members were "employed" by the chapter President.  The club members appealed the conviction on the grounds that, actually, they weren't employed by the President at all:  he didn't pay them, for one thing; there was no contract; there were no benefits; and they certainly didn't conceive of it as an employer-employee relationship.  This is because it wasn't an employer-employee relationship!  They weren't his employees, but members of a club.

I frankly think that PMC is in the right here, and the government in the wrong.  The government wants to act on the presumption that PMC is an organized criminal group, but it hasn't proven that.  The government's argument is that 'employed' is a word with several senses, and one of those senses is 'used for a purpose'; but, while that is in some sense true, it's nonsense as an argument in this case.  It's clear that isn't what the statute controls.  It controls employment relationships.

The reason this law doesn't prevent what the government would like to prevent here is that the law was written by people who brought these contract-type assumptions to the problem.  PMC and HAMC and the others are not like corporations (even if, as sometimes happens, they incorporate in order to register trademarks and such).  Their fundamental ethic is not capitalist.  They don't live in the same world as the lawyers and businessmen who wrote the law.  A law built around contracts, employers and employees, and so forth, is naturally irrelevant to what these motorcycle clubs are doing.

What you are dealing with in PMC is the Jomsvikings.  They are a warrior brotherhood bound by a code that separates them from the rest of American society, and which is enforced outside the law by systems of honor backed by violence and threats of violence.

The existence of such an order within American society may be a good thing or a bad thing, depending on how it is used and for what purpose.  My reading on these kinds of clubs is that they are usually a mixture of good and bad.  The old war-band ethic has a lot to recommend it, and some men may find it to be the order that lets them structure a life worth living.

You can see a lot of the mixture of good and bad in this old documentary.  (There are nine parts; watch for Jerry Garcia playing a HAMC wedding, which is conducted on terms that are surely unenforcable in any court -- a fact that might give the lie to the idea that marriage is a contract, since if it were, you could enter into a contract on such terms.)  However you shake out on the idea of good and bad, though, what should be clear to everyone is this:  what they are doing has nothing to do with laws based on contracts and employment.  They're doing something very different from any of that.

The Afghan Ulema Council Ruling on Women

Ms. Fawzia Koofi, an Afghan Member of Parliament who survived a Taliban attempt on her life, worries that a recent ruling by the Afghan Ulema Council represents an outreach by Karzai to the Taliban.

"They have started taking some of those basic rights," she said, "like working together, living together, going out like a free human being. I am worried for my daughters and for all the girls and women of Afghanistan."

It's certainly right to be worried.  A rush transcript of the ruling can be read here; it dwells chiefly on the rights of women in Islam until section "F," when we hear about the other side of the coin.

F.   Women cannot be inherited. Similarly, there are many other rights, granted to a woman under the religion of Islam, which are observed. But, where a Muslim woman has many rights, [she also] has duties and obligations, such as:

* Adherence, in faith and action, to the orders and prohibitions of Islam’s sacred Shariah
* Complete adherence and observance of the hijab [according to the Shariah], which protects the dignity and personality of the woman
* Avoiding mingling with stranger men in various social situations, such as education, shopping, the office and other affairs of life
* In consideration of the clarity of verses 1 and 34 of Surah an-Nisa’ [of the Qur’an], men are fundamental and women are secondary; also, lineage is derived from the man. Therefore, the use of words and expressions that contradict the sacred verses must be strictly avoided.
* Respecting [the orders] about the multiplicity of wives (polygamy), which are in accordance with clear orders of the Qur’an
* Avoiding travel without a [Shariah-sanctioned] mahram (male companion)
* Adherence to the clear orders of Muhammad’s Shariah in case of divorce

The authors helpfully cite the source of their claim that women are secondary:  verses 1 and 34 of the Surah an-Nisa' (i.e., "The Women").  As we all know by now, the Koran is supposed to be the actual word of God, filtered only by Muhammad and the angel, allegedly Gabriel, who revealed it to him.

1. O mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and from him (Adam) He created his wife [Hawwa (Eve)], and from them both He created many men and women and fear Allah through Whom you demand your mutual (rights), and (do not cut the relations of) the wombs (kinship) . Surely, Allah is Ever an All-Watcher over you.... 

34. Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means. Therefore the righteous women are devoutly obedient (to Allah and to their husbands), and guard in the husband's absence what Allah orders them to guard (e.g. their chastity, their husband's property, etc.). As to those women on whose part you see ill-conduct, admonish them (first), (next), refuse to share their beds, (and last) beat them (lightly, if it is useful), but if they return to obedience, seek not against them means (of annoyance). Surely, Allah is Ever Most High, Most Great.

You may also find verse 11 to be telling, since it deals with inheritance rights between sons and daughters; though, remember that the English tradition was primogeniture; this system, though unequal, does provide a better inheritance (and therefore, property) system for the daughters than that.

The BBC notes that this ruling has the potential to reverse the legal freedoms instituted for women in Afghanistan a decade ago, following the American invasion.

I gather that the American people will not endure a presence in Afghanistan of the length that we devoted to, say, Japan or South Korea.  That being so, it will fall on women like Fawzia Koofi to prove these freedoms are rights.  Perhaps there are ways we can be of some service, even once we can no longer hold back the tide.

Americans had better steel themselves to swallow this, though, if we do choose to walk away.  You're going to have a chance to reconsider just what is meant by the word "rights."  Those things, taken for granted, are like wine:  they are a gift from God, in the sense that the possibility of wine -- like the possibility of freedom -- is inherent in the structure of the world.  Yet if the good is to be had it must be made by human hands, and made new every year.  If we do not do the work, there will be no wine.

But wine, I have heard, is also banned by the Koran.

Sic Transit Lex

By now you will have heard that one of the most famous, and most justly famous, of the milbloggers died when his fighter crashed yesterday.  The man we called Neptunus Lex was a good companion (especially, one might be inclined to say under happier circumstances, for a fighter pilot).  He was also a good writer:  his thoughts were clear and his expression courtly.

You can leave condolences at his place.  I am going to follow the example at BLACKFIVE and close the comments here, because it's best that they be made where his family can see them.

He had a mechanical problem with his plane just a few days ago.  You may remember reading about it.

It’s funny how quickly you can go from “comfort zone” to “wrestling snakes” in this business. 

But even snake wrestling beats life in the cube, for me at least. In measured doses.

Spoken like a man.  He certainly was one.

Some Go Back

My father was a long-time Captain of the local Volunteer Fire Department.  Thus I know, and have had it impressed upon me since I was quite young, that no one should ever go back into a burning building.  The people who go back in to rescue others, having made it out themselves, almost never survive.

For some things, though, I'd go back too.

Firefighters recovered the body of Chief Warrant Officer Edward Cantrell on the second floor of his North Carolina home, not far from the remains of 6-year-old Isabella and 4-year-old Natalia.

I'm sorry, Chief.  You did all you could.  Angels can do no more.

"The Premium for a Burning House Is the Price of the House"

Megan McArdle, whose columns and comment boards I so enjoy, is taking a sabbatical to work on a large project. She arranged for a handful of colleagues to cover for her; one posted today on the subject of the American healthcare system. It's a decent post, but my favorite part was a link to a couple of old articles, two of the best summaries I've found of the dumb things we do to ourselves under the name of the health insurance system. One is brief while the other is rather long, but very well worth reading from start to finish. Both make the essential distinction between insurance and prepaid medical care.

Election Day

It's election day in Georgia, and I just went and cast the shortest ballot I ever did:  there was exactly one question before the electorate today.  Although it's an important question, it's not very significant that you get out and vote today:  Nate Silver estimates that my preferred candidate has a zero-percent chance of winning (running third behind Mr. Romney, whom Silver estimates to have a one-percent chance).  My opinions line up about as well as usual with that of the democratic majority, even in Georgia.

Still, delegates are divided proportionately, so it's not a complete waste of a trip; and more, there's something to be said for participating in its own right.

Much has been said about the damage done by an extended primary, but there is a real virtue in counting the votes.  The longest primary I can recall was the 2008 fight between then-Senators Clinton and Obama, which was also said to be crippling to both; but in fact, there was a landslide victory for their party in the fall.  It's a good thing if people listen to the debates, read and think, and then have a chance to vote and know that their vote counts.

The Democratic Party fell down on that last point in 2008, resolving contentious issues of vote counting by having Sen. Clinton accede to a nomination of her opponent by general acclamation.  She was a loyal soldier in that, as probably Mr. Santorum will be also should he lose:  after all, he was once the Republican Party's whip.

The idea of democratic legitimacy may not survive, but it is an ideal I have fought for and continue to defend.  This is not because it means that my side wins, because -- insofar as I have a "side" at all, there being so very few people who believe as I do -- there are far too few people like me to prevail even in the smallest and most local contest.

No, it is because my father told me as a boy about people who would stand in line to vote even though guerrillas would come and fire into the line.  It is because, in Iraq, we defended people who stood in line even though mortars would fall and suicide bombers would threaten.  It is because in Afghanistan we have killed men who would themselves kill to prevent women from voting, and because those women may not be able to vote for much longer.

Democracy may not be the right way to choose a government or a policy, but democracy is our cause whether it's right or wrong.  That may not be a good argument, but sometimes honor demands that we do things that wiser people wouldn't do.

On White Bread

The surprise here is how interesting the subject turns out to be:

In 1890, 90 percent of the country's bread was baked in homes. The rest was purchased from tiny neighborhood bakeries. By 1930, this trend had reversed completely: 90 percent of bread was purchased, and purchased from increasingly large, increasingly distant factories....

Legions of food reformers, social workers, public-health officials, advertising executives, and an astonishing number of diet gurus worked frantically to convince Americans that choosing the wrong bread would lead to serious problems. Some pinpointed newfangled loaves as the source of cancer, diabetes, criminal delinquency, tuberculosis, kidney failure, overstimulated nervous systems, and even "white race suicide." Others heralded modern bread as a savior, delivering the nation from drudgery, hunger, and dangerous contagions carried by unscientific bread. But they could all agree on one thing: Incorrect food choices were the root cause of nearly all of the nation's moral, physical, and social problems....

Even that sentimental icon of all that is good—"Mother's bread"—was denounced under the banner of a safe and efficient diet. Scientific American, women's magazines, and home-economics textbooks portrayed careless home baking as a threat to family health, while other observers wondered whether even the most careful housewife should bake at all. 

This is one of those things I've always wondered about, albeit only vaguely:  how did we as a nation come to give up something as wonderful as fresh bread?  It's not hard to make, and a local bakery isn't a huge extravagance.  Many other nations have managed to continue having locally-baked, fresh bread available even as they've modernized their economies.

Now I know.  There's something about these little panics by mass media that we should begin to recognize:  they always makes things worse.  Except, of course, for Big Bread, which came out gloriously well from the exercise.

It's Hard To Write A Love Song To Yourself...

...but apparently that's the wave of the future.



The movie will apparently be called "Brave," but at this point, it might better be called "Hackneyed."  How many movies of this type have there been over the last twenty years?  It's gone on so long that it would be brave to make a movie that told a traditional fairy tale.

The difference between a traditional fairy tale and this kind goes beyond the obvious -- the female hero who can outfight all the boys with ease, which is now the standard rather than the transgressive model.  Rather, the real difference is masked by that aspect:  you couldn't make this movie with a male hero, because people would be outraged to see young women portrayed as a pack of useless losers.  People would hate the male hero whose attitude conveyed that it was an insult to his excellence to suggest he might marry some penny-ante girl from his village.  The female lead allows them to tell the story they want to tell without running up against the uncomfortable truth about what kind of a story it is they are telling.

The real difference is that the love story has been replaced, in our age, by the story of the 'hero' in love with herself.  Prince Charming, whatever his flaws, was driven by love for another:  his service, and his sacrifice, were for a beloved lady he valued above his own life and for whom he would suffer any pain and dare any peril.  The modern 'hero' is focused on her own fulfillment, resisting every duty to her family or her society as an injustice that interferes with her personal journey of self-actualization.

I can't wait for the "Princess Bride" remake:  you know, the one where Buttercup escapes by knocking the giant out with a rock, swims out to the waiting pirate ship and takes command as the Dread Pirate Roberta, calling back to shore as Wesley is led away to his doom:  "You didn't think I'd waste my life on a farm boy?"

Well, no.  Of course not.  True love doesn't happen every day.

Sorry Folks, Nothing We Can Do

Our friends at Samizdata continue to chronicle the disaster that is the modern state from a British perspective.

[A man] drowned in a shallow boating pond in his local park, after suffering an epileptic seizure while feeding swans. A passer-by (a woman who was in charge of a small child so did not dare enter the pond) called the emergency services. But the first firemen to show up announced that they only had Level One training, for ankle-deep water, and needed to wait for a specialist team with Level Two training for chest-deep water.

Remember when "Anarchy in the UK" sounded like a threat rather than a suggestion for improvement?

On Making Things Right

In a post aimed at the late Andrew Breitbart -- of whom I know fairly little -- The Atlantic's Ta-Nehisi Coates cites the history of SNCC.  This was short for the "Student Nonviolent Coordinating Committee," a fact which makes the history a little ironic.

In the mid-1960s, SNCC, one of the most important civil rights groups of its era, began to split at the seams. Since its inception, the group had committed itself to the eradication of white supremacy strictly through the twin pillars of nonviolence and integration. SNCC members, like their fellow activists throughout the South, endured threats, beatings, bombings, and shootings, all of which they greeted with Bible verses and song. The tactic ultimately succeeded by cutting through centuries of hate and accessing a basic sense of human decency. 

But nonviolence exacted a price and, in 1966, its success was not assured. That was the year Stokely Carmichael assumed leadership of the organization. Carmichael had spent much of the early 60s subjecting his body to beatings, tear-gassings, and water-hoses. Committed to integration and nonviolence, he had driven down dark and lonely Southern roads accompanied only by the knowledge that people of his ilk were being vanished there with some unsettling regularity. When Carmichael came to power he, and much of SNCC's membership, had changed their politics. They expelled whites from the group and rejected nonviolence. Eventually there was a quasi-merger with the Black Panther Party and a full-throated embrace of revolutionary violence.  

Among the SNCC members to reject that path, were Shirley and Charles Sherrod.

Mr. Coates may be right in the point he intends to make, which is that Andrew Breitbart treated Shirely Sherrod worse than she deserved.  This history, however, passes by another point of greater personal concern to me.

One of those "expelled whites" was a high-school teacher of mine, one of the best teachers I ever had.  At the time that the "Student Nonviolent Coordinating Committee" became just the 'Student Committee,' he was cast out in spite of having served faithfully those ideals of "a basic sense of human decency" that eventually won out.

It's been a long time since I was in high school, but at the time -- as now, as always -- racial tensions remained somewhat high.  This teacher went so far as to offer a course on race and racism, from the perspective you would expect from a former member of SNCC.  It was a year-long course, but after a few weeks he was removed from instructing it by the demands of the black students, who were upset at the idea of a white man teaching on the subject of racism.  Political correctness, which was at the time a newly named phenomenon, repeated SNCC's injustice, lashing out at a good-hearted man who was only ever on their side.  These were teenagers who had inherited the success of the Civil Rights movement as a free gift, paid for by men like the one they scorned on account of his skin.

If we are going to speak of this history, we ought to remember that as well.

The First Day of Spring (Subjective)

Objectively, spring is still almost a month away.  Subjectively, it was eighty degrees and sunny today, and the pear trees have broken out in beautiful white blossoms.

What a fine day for a ride.

A couple of miles away, a neighbor's heraldic sign.

A Troll Valley-style house in Hartwell, Georgia.

A similar but nicer home -- sadly some of the details are obscured by the tree.  Note the Scottish Rampant Lion flying beneath Old Glory.

A fine day to wash your boots in the Savannah River.

Down by the riverside.

Currahee Mountain, on the return leg.

On 'The Ethicists'

Parents should be able to kill their newborns, argue a panel of ethicists in a new paper, because they are not actually people; they are only potentially people.  The core of the argument lies in the definitions:

“Both a fetus and a newborn certainly are human beings and potential persons, but neither is a ‘person’ in the sense of ‘subject of a moral right to life’.  We take ‘person’ to mean an individual who is capable of attributing to her own existence some (at least) basic value such that being deprived of this existence represents a loss to her.”

The academic use of "her" to avoid sexism is unusually appropriate, since the majority of abortions are of female children.

The argument sounds at first blush like the kind of argument I would expect from an ethicist with proper training, because the potential/actual distinction was important to Aristotelian theories of generation.  This arises from the form/matter distinction, and from Aristotle's theory of motion and change.  In Physics 1, he argues that in order for change to be possible, you must have two contraries and a substratum to move between them.  Thus, for something to become hot, hot must exist; and so must not-hot; and then there must be a third thing that isn't as hot as it could be, but moves towards maximal hotness.  That which defines how hot it is possible to be is 'the actuality of hot.'

In the case of generation, form and matter are joined; but the child does not have the full actuality of Man or Woman.  Obviously, at birth, the child still retains substantial potential, and it advances toward that potential over the course of its growth.  Thus, if we define an actual person on Aristotle's terms, we could say that a child isn't an actual person until the child achieves its full growth both in frame and reason.

The ethicists, however, aren't doing anything as interesting or subtle as that; they are proposing a binary standard rather than a sliding scale of acutality,.  Presumably a two-year-old would be 'an actual person' under this standard.

There are several things that I might say about this.

1)  On the history of the idea:  Aristotle himself viewed infanticide as undesirable except when the child was deformed, or in cases when population pressure made it necessary (both more serious considerations in the ancient world, when scarcity of food was a far more severe and immediate concern).  He opposed abortion after the child had developed sensation, not reason.  (Politics VII 1335b20-30, but see also History of Animals VII Part 3, which proposes based on dissection that male but not female children will have organs such as eyes -- that is, the necessary conditions for sensation -- at forty days' gestation.)

Interestingly, the 40-day standard was being enforced by the Church in Charlemagne's day:  a woman who arranged the abortion of her child after it was forty days' old in the womb was subject to three years of penance, while a woman who did so earlier was subject only to a year's penance.  The secular law, however, treated anyone who assisted in an abortion (as for example by providing abortifacient drinks) as a homicide.  (See Pierre Riche, Daily Life in the World of Charlemagne, page 50).

That was not the case throughout the Western world, however; some followed the Aristotelian view and some other views on infanticide and abortion -- generally, after the second century AD, alternative views were much harsher.

2)  On the proposed standard of the ethicists:  Indeed it may not be obvious that the child has substantially more or less moral standing ten minutes before birth or ten minutes after; no more than wine in a pitcher is substantially different ten minutes before being poured into a glass than it is ten minutes after (unless, of course, it has been drunk; in that case, it has achieved its most blessed state about that time).

Some objections:  before the umbilical cord is cut, the child is factually dependent on the mother for survival; afterwards, it is not.  It has the capacity (but not the actuality, to stay with that distinction) of being independent long before then; but if the actuality is what counts, it does not yet have it.  If independence is what counts, though, the child will still die without someone's care -- but it need not be the mother's, after that, so perhaps that is why she loses the right to dispose of the thing once it is born.

Alternatively, we might note that the experience of childbirth is a traumatic passage for everyone involved, not easily dismissed as meaningless.  It may be that the act of birth is something that is important to our society as a rite of passage:  and the child, having survived it, has thus passed into personhood ritually.  In that case, the ethicists are barking up the wrong tree:  the personhood of the child is nothing to do with the child, but with the rites of society.  That would be coherent with many human cultures, in which rites of passage are just so abrubt:  a child goes from a boy to a man in a day, or a week, or an instant, but the rite once complete is absolute.

3)  The question of value is interesting.  The child (according to them) does not itself value life; and so, if no one else values its life, its life is without value.  That is a remarkably capitalist position to take on human life.

4)  If we do want to return to a form/matter concept regarding the child, science has provided us with a genuine idea of what the form of a man or woman would be.  It is their DNA structure, which does exactly what Form in the ancient sense is supposed to do:  it organizes and structures the matter.  This is a living principle, which exists from fertilization and begins to work as soon as the zygote begins to divide.  Thus, we learn from scientific inquiry that there is not the movement in childhood from 'potentially Man' to 'actually Man.'  Rather, the Form of each individual is unique, and it is actually possessed by -- and only by -- the child from fertilization.

If possession of an actual human Form is what distinguishes an actual human being, then the child is actually human from the first moments of its life.

Bellavia for Congress

One of our own has apparently decided to hang it out in the wind.



His book on Fallujah is the best book I know of on that part of the Iraq War.  If you want to help him out, go here.

The Sacred

I've begun watching the early episodes of a show called "Breaking Bad," about a high-school chemistry teacher in Albuquerque whose response to a life crisis is to start cooking meth with one of his ne'er-do-well ex-students. I thought it would be a nihilistic exploration of a disintegrating personality, but instead the script turns at every point on the central character's convincing moral choices under unbearable pressure. Not good moral choices, but believable ones, and demonstrated with economy in a fine script.

The main actor spends very little time explaining himself. His sidekick, the young student, is struggling harder to put into words what one human being owes to another. In one episode they face two tasks, one even more horrifying than the other. After quarreling for a bit over who should do which, the young man suggests a coin toss, which the teacher loses. The young man takes care of his own horrible job, only to find the older man procrastinating about his, which provokes the outraged outburst that "coin toss is sacred, man." When you expose yourself in good faith to the outcome of a tool of chance, you live with the result. You hang onto that moral precept even though you seem to have left the world of virtue far behind, and the coin toss is about profound crimes that are disintegrating your identity.

In some part of us, we know there have to be moral laws even if we ostensibly think the universe is a vast, materialist, meaningless void.

The Joust

Several of you have written to ask if I've seen the new "Full Metal Jousting" show on the History channel.  I hadn't, although I was aware of it; but now there is a full episode online if you want to watch it.  I hope the sport takes off, and I will be glad to watch it once it is a sport instead of a reality-TV show about people trying to start a sport.  Once it's more like PBR, I'll be glad to spend an evening with it.

By coincidence, I was doing some research yesterday and came across an article that says that re-enactment Medieval tournaments were very popular in the American South both before and after the Civil War.  The author began his career as a Marxist historian, but apparently his studies of Southern conservatism converted him.  In any case, it's an excellent article that shows how significant chivalric literature was to the education of Southerners in the 19th century; it's on EBSCOhost if you don't have JSTOR, and if you have neither, you can probably get it via your library.  Ask at the reference desk.

In any case, at the time the tournaments were roundly mocked by those outside the South.  Then as now, New York journalists were only too eager to explain how ridiculous it was not to be up with the latest progress.  Our historian relates:

John Houston Bills, a planter in western Tennessee, whiled away his spare hours early in 1866 by reading tales of the crusades, and in October he reported: "To day the great and long expected 'Tournament' comes off--1200 to 1500 persons attend it--the Tilting is Very spirited, a dozen or more Knights enter the Contest-Brewer of Holly Springs wins the prize, a fine horse--Betty Neely was crowned queen of Love & Beauty."

The editors of the Nation, then as now exemplars of New York provincialism and effrontery, exploded:

Any country in which it is the custom, in our day, to assemble in great crowds to watch men doing these things in broad daylight, dressed up in fantastic costumes, and calling themselves "disinherited knights," " knights of the sword," "knights of the lone star," and pretending to worship a young woman from a modest wooden house in the neighborhood as the "queen of love and beauty," and to regard the bestowal of a shabby theatrical coronet by her as the summit of earthly felicity, we need not have the least hesitation in pronouncing semi-civilized.

The editors of the Nation could not be contradicted. What, after all, could be more absurd[?]

Think of their bad taste in treating young ladies from modest wooden houses as if they were queens of love and beauty.

 Yes, think of that.

I Guess Madness Runs In The Family:

My sister writes to report that she just had a wonderful run up in Wyoming..  She's training for a marathon again, and the run was 15 miles.  She says that the usual pain she's been experiencing didn't appear, just some blisters she puts down to having been wearing these at the time.

Apparently the roads were icy because of an ongoing snowstorm.  I'd say something cutting about the quality of her judgment, but honestly, I have no standing to do so.  I haven't committed this particular offense against right reason, but I have certainly committed others at least as bad.

The Fields of Athenry

A Vice that Leans Toward Virtue

The man who does not know who his great-grandfather was, naturally enough would not care what he was. The Caskodens have pride of ancestry because they know both who and what. 

Even admitting that it is vanity at all, it is an impersonal sort of failing, which, like the excessive love of country, leans virtueward; for the man who fears to disgrace his ancestors is certainly less likely to disgrace himself.

Charles Major (under the pen name Edwin Caskoden) wrote these lines in the introduction to his novel set in the early years of Henry VIII.  I have a copy of his book -- first American edition! -- because not long ago I stopped my motorcycle by a ramshackle old Georgia building in Carlton, Georgia (once locally important as a farming town located on the railroad line, but now, population 233).  You can see a few pictures of the town here; the only building that remains in very good repair is the Post Office.

The antique store had a copy forgotten on a back shelf, for which they asked three dollars.  It is no surprise to find a book like this in Georgia, although it was too late to share the blame that Mark Twain put on Ivanhoe.

It's proving to be a very good book, with some memorable scenes and lines.  This one right at the introduction especially caught my interest.  It's an interesting concept:  a vice that leans toward virtue.  This particular vice is perhaps unique in that regard, because it is pride:  and pride has a conflicted history in the West.

This good sort of pride is really honor.  To honor is to give of yourself for something or someone worthy; honor is the quality of a man who does.  Thus the pride in one's ancestry is a form of respect for the worthy things they have done; and if you demonstrate your respect for them by trying to live so as not to disgrace them, you have become a man of honor yourself.

The vice of pride is something like vanity, and in this guise its history is far less noble.  To some degree the difference in emphasis is between the non-Christian and Christian elements that make up Western civilization, but not entirely.  There is a qualitative difference between these two expressions:  the one is a form of sacrifice, and the other a form of self-service.

You may enjoy the book, in any case.  It takes the trouble to flatter the reader by making the hero -- a young soldier of energy and skill -- a great lover of books, which is not entirely out of the realm of possibility.  It was just such a love of letters among an active and warlike people that made Ivanhoe such an influence in the South, and that doubtless brought this particular copy of the book to Georgia in its first available edition.

Irrationality

Today Mickey Kaus points to a book from 1978 that demonstrates what he calls an 'eerie prescience.'  The book's thesis is...

...that control of politics has passed out of the hands of the majority in part as a consequence of the development of a body he identifies as "the new elite", whose self identity is based not on ties to a specific community, but on a common reference to "scientific" measurement of intelectual capacity by grade scores and class achievements. This, he contends, drives an anti-majoritarian urge, which removes control from the hands of the electorate. The "new elites" do not accept the principle that all others are entitled to a valid and meaningful vote on issues which concern all of society.

Indeed.  So today, we have a ruling on the Defense of Marriage Act, passed by a democratic majority.

The Court finds that neither Congress' claimed legislative justifications nor any of the proposed reasons proffered by BLAG constitute bases rationally related to any of the alleged governmental interests. Further, after concluding that neither the law nor the record can sustain any of the interests suggested, the Court, having tried on its own, cannot conceive of any additional interests that DOMA might further.... 

Prejudice, we are beginning to understand, rises not from malice or hostile animus alone. It may result as well from insensitivity caused by simple want of careful, rational reflection or from some instinctive mechanism to guard against people who appear to be different in some respects from ourselves.

This is not the first time we've talked about this claim that there is "no rational basis" for this definition of marriage.  I remain astonished by the claim, however, because this definition of marriage is backed by a huge amount of rational argument, with a history of hundreds of years.  Just last fall, we looked at Aquinas' arguments on whether matrimony arises from natural law.

Let's make two points about this.

1)  Note the list of citations in the series of sophisticated arguments offered.  The principle cited sources are Cicero and Aristotle, from works on ethics, rhetoric, and politics.  There is only one Catholic text cited, and it's offered as an example of an argument Aquinas rejects.  This underlines the point -- recently made to the German parliament -- that natural law theory is not a Christian but a secular philosophy, one that arises chiefly from the Stoics but also from Aristotle.

2)  Aquinas follows Aristotle and Boethius in defining humanity in terms of its rational nature.  "A person is an individual substance of rational nature."

My point here is not that Aquinas' definition is right, or impossible to argue against, or that you should personally adopt it.  It is that the claim that this definition is without a rational basis is indefensible.  It is simply impossible to sustain that argument.

How much easier, though, to assert it!  How much easier to declare that the problem is "a simple want of careful, rational reflection" -- and that of a tradition founded on Aristotle, Aquinas, Cicero, Boethius, and the Stoics!

"Poker Lessons from Richelieu"

Such is the title of this book review, which makes the case that the famous Cardinal was marked more by a gambler's sentiment than a manipulator's.  Since we were just talking about the Thirty Years War, here is a relevant section:

 In 1618, what would become known as the Thirty Years’ War broke out -- Europe’s last great spasm of religious warfare, in which a furious conflict between a series of Protestant states, on one side, and the House of Hapsburg and its Catholic allies, on the other, tore the center of the continent apart. France, a Catholic state itself, nevertheless intervened on the Protestant side, hoping to supplant the Austrian and Spanish Hapsburgs as the strongest power in Europe. 

Richelieu initially felt that France could do no more than subsidize Protestant efforts and engage in strictly limited military campaigns. Ironically, he feared treachery from the Huguenots, France’s own small Protestant minority, who had lingering grievances against the French state and control of several strategic towns, including the Atlantic port of La Rochelle. Realizing that he had to address the Huguenot threat before intervening seriously abroad, in 1627 Richelieu laid siege to La Rochelle and starved the city into submission. (By the end of the operation, even the rats had disappeared, and the starving locals were reduced to eating boiled shoe leather.)

La Rochelle has one of the more interesting civic histories.

Apparently We're Doing This Crusade Thing Now...

So I gather, anyway.  I had thought this was supposed to be a distraction from the economic issues, but it looks like we're all in.

Republican presidential candidate Mitt Romney said Tuesday that President Barack Obama's administration has "fought against religion" and sought to substitute a "secular" agenda for one grounded in faith. 

Obama's campaign seized on the characterization, calling Romney's comments "disgraceful." 

Romney rarely ventures into social issues in his campaign speeches, but people participating in a town hall-style meeting one week before the Michigan primary asked how he would protect religious liberty.

I'm guessing this means this message tests well in focus groups -- not to speak ill of Mr. Romney, which I am done with, but rather as a compliment to his extraordinary message discipline and the professionalism of his campaign.  This is a better-formulated version of Mr. Santorum's remarks re: 'phony theology,' although in fairness, Mr. Romney wasn't speaking off the cuff.

Not that Mr. Santorum is backing off.

“Rick Santorum offered no apologies Tuesday for a controversial speech he gave in 2008 when he talked about the threat of Satan in America. 

“‘I’m a person of faith. I believe in good and evil,’ Santorum said in response to questions from CNN…

Well, if you're going to fight a Crusade, maybe the Crusader is the guy you want.

Either way, it's turning out to be a big deal.

Have a good Lent.  I'm giving up alcohol for the fast, which means that the beer I have in front of me could easily be the last beer I ever have -- after all, I ride a motorcycle everywhere.  It's a good one, though, a worthy end (if end it should prove to be).

Goodnight.

Carnival!

We've just finished our annual fire department fundraiser, with its Mardi Gras theme. We had a parade and everything, but I see from scouting out Mardi Gras and Carnival photos on the web that we're really going to have to up our game. As much time and trouble as we put into our festival, it was a pale, pale effort. It makes me want to start work right now on costumes and floats for next year. This is what I call exuberance.