Compromise and the Civil War

Speaking of Aristotelian causes, the 'four causes' approach makes better sense of John Kelly's remarks on the Civil War than the less-sophisticated approach that is mostly in evidence. One is supposed to affirm that the Civil War was caused, and only caused, by slavery. And of course that is true, in a way: formally and finally, and to a large degree materially, slavery shaped the tensions of the society in such a way that the war came to be because of it.

In terms of efficient causality (which, for moderns, is usually the only kind they talk about) one might still ask why the Civil War broke out in 1860 as opposed to 1850 or 1870. War had threatened before, and not arisen; it was prevented by a series of compromises. Thus, it is reasonable to assert that the war might not have occurred in 1860 if a compromise had been found. To put it another way, it is sensible to say that the failure to compromise caused (efficiently) the outbreak of war in 1860. That doesn't change the fact that the tensions over which the war was fought were themselves caused by slavery, or that slavery was the issue that had to be resolved.

Having said that, it is arguable that compromise was not desirable, even given the massive toll of the war. Avi Selk makes the argument:
...the truth is, the panicky months before the Civil War were full of attempts to compromise with the rebellious South.

The most popular proposal, by far, was a constitutional amendment that would have irreversibly immortalized slavery as a feature of the United States.

And although supporters of this compromise — up to and including Abraham Lincoln and most of Congress — did fail to pull it off, it wasn’t for lack of trying....

“No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of people held to labor or service by the laws of said State.”

But slaves were exactly what was meant. The amendment would have assuaged slave owners’ fears by forever forbidding the federal government from freeing them.

“It would be a formula for reuniting the country politically,” Crofts said, aimed not so much at hard-core secessionists in the Deep South but to convince people in “border” states such as Virginia that Lincoln had no designs on their slaves.

“Lincoln’s fingerprints are on this thing,” Crofts told The Post. Not only did he probably suggest its creation but he also spent the days leading up to his inauguration trying to rally Congress behind it.
This fails to give Lincoln adequate credit, I think. I do not see how such an amendment could have actually prevented a future amendment from abolishing slavery; one might have repealed the one amendment in the first article of a new amendment, whose second article abolished slavery. That being the case, the compromise was effectively free from Lincoln's perspective: he got the stability he wanted right then in return for nothing, as the bonds against abolishing slavery were illusory. Why not trade an immediate practical benefit (including the avoidance of a destructive and ruinous war) in exchange for nothing more than an illusion of restraint?

One might reply: because ending slavery as soon as possible was worth fighting the war. But that, too, fails to do justice to Lincoln. He knew a war might have to be fought; he could not have known that he would win it. It was just as likely, in 1860, that the Confederacy would have enshrined slavery as a permanent feature by effecting its independence than that it would ultimately fail to do so. The amendment could be repealed later; independence is much harder to repeal. Having lost a war to prevent it, they would have to fight and win another such war to eliminate it.

Lincoln might well have favored the amendment, given those odds. It was functionally free, eliminated none of his long-term options, and prevented a high immediate cost that had to be paid with no promise of success. It was the choice a statesman would probably make, given the options and what he could legitimately be said to know in the moment. We may be grateful that it did not work, but I don't think he can be damned for having favored the try.

Jihad in Manhattan

Apparently the "truck rampage" is going to be a continuing thing. It used to be truck bombs, but those can be deterred in various ways; and it turns out you can kill quite a few people with just the truck. Trucks can't be banned from cities, as cities can't survive without them. Just as the airplane turned out to be a weapon in itself, so too this basic tool of modern urban life.

You might attempt to control who gets access to a truck, but this one was just rented from Home Depot. We probably can't make truck rentals substantially more difficult either without causing serious problems for urban life.

So... might we consider addressing the jihad that is the formal and final cause of these attacks, rather than the tools that are merely the efficient or material causes? We have no problem addressing the white supremacist ideology that sometimes lies behind other sorts of terrorist attacks; why not this form of supremacism?

UPDATE: Former Federal prosecutor Andy McCarthy gives an interview on this subject. The last minute or so is particularly important, as he clearly demonstrates that concern with radical mosques is not akin to a generalized anti-Muslim bias: 'The first Muslims I met as a prosecutor were the ones who were helping us infiltrate radical mosques. We can walk and chew gum at the same time.'

Of course that is true. No one is under greater threat from radicalized Islamic terrorists than the non-radicalized members of their own community. They have the same issue with those radicals that I have with the KKK. The radicals in my community are a problem for me, because they're out there trying to pull my neighbors and younger relatives into their swamp.

"Mueller is Running Amok"

The headline offers a proposition that I think is too strong for what is so far in evidence; it may be true, but it isn't necessarily so from what we've seen. I take it as at least potentially hopeful that the Podestas are facing apparent scrutiny in addition to Trump campaign figures, none of whom so far are particularly glorious Americans that we should feel bad to see facing prosecution.

However, the piece closes on an argument that I think is definitely true and worth stating.
The real lesson of the Russia non-story is that globalization, the great theme of the 2016 election, is more pervasive than any of us wants to acknowledge. No one who works in consulting or lobbying or finance is lacking in ties with Russia. Our press corps is largely made up of enthusiastic children. These 20- and 30-somethings who have never read a book were raised to excel in "critical thinking," but they are amusingly bad at it. Anyone can write a decontextualized story about a person or a group having "ties" to any malicious foreign power because having "ties" is what it means to exist somewhere in the sinuous continuum of depersonalized financial accretion that is late capitalism.

Freedom of Speech in Peril

Some of these results are more disturbing than others, but the worst of them are quite disturbing.

Some of the shock value comes from the difference between the headline and the actual question asked. "Is supporting racists' free speech the same as holding racist views yourself?" is, strictly speaking, a logical question: you can determine the answer by building a truth table. Obviously they are not the same thing, and it would be deeply alarming to have a majority or near-majority come back saying that the clearly false proposition was true. What the survey actually asked was whether supporting racists' free speech was "as bad as" holding racist views. That's a different proposition. It's sad, in America, to see that so many people view defending freedom of speech to be actively immoral if the speech is bad. All the same, it's not a logical problem; it's a disagreement about whether freedom of speech is a good.

I think there's a similar issue with the question of whether "disrespectful" people do or don't deserve free speech rights. The actual question asks not about "disrespectful people," but about "people who don't respect others." That's not quite the same thing; you can be disrespectful in some senses without failing to respect the humanity of the person you're addressing disrespectfully. For example, you might be correcting them. Your disrespectful speech is then pointed at their actions, which are not necessarily respectable, and not their humanity. Someone who "does not respect others" is guilty of not respecting their humanity, which is a stronger offense. (For a Kantian, it is the basic moral offense.)

All that said, this points up a very deep division on a very basic and classically American right. That's a problem however you cut it.

Scary, Scary Halloween

What's the most terrifying thing you can be this Halloween? A white guy with a pickup truck that has a Gadsden flag license plate on the front.



The very stuff of nightmares!

In Health Insurance News...

This August I was forced off my existing plan again, so I bought another plan from Blue Cross / Blue Shield of Georgia. Yesterday, I was informed by mail that this plan will be canceled at the end of December, due to changing regulations. I will need to find a new plan by January 1.

Some on the left sometimes claim that the economy functions because of the reliability of the regulatory regime created by good government. This idea is demonstrably false: even though economies are improved by having a few good government measures like enforceable contracts, economic activity originates before governments and survives their collapse. Go out on some frontier, and you'll find people trading what they have for what others have that they need; go to a failed state like Somalia, and you'll find the same thing.

Still, the capacity of government regulation to provide stability and reliability is supposed to be one of its selling points. "HA!" SAYS I. I've never seen instability in a market like this. In addition to plans being ruled legal and illegal willy-nilly, there is the even greater issue of price instability. My costs have already quadrupled with the plan I started on in August. I can't wait to see how much more I'll be expected to pay for roughly the same health insurance next year!

Son of Ugly

That's what "MacLeod" means, you might not have known.

Mabinogion- Mapping Welsh Myth and Legend

Somehow or other, my wanderings about the internet brought me across this map- a beautifully rendered watercolor of Wales in the myth and legend of the Mabinogion. 


Now, I must confess, my knowledge of Welsh myth and legend is sparse to say the least, mainly echoes through Tolkien and what little knowledge I have of Arthurian legend.  I was completely unaware of the Mabinogion, but will say that this artwork has piqued my interest.

The artist is Margaret Jones, and she has done a fantastic job with this map, and is apparently also the illustrator of an edition of the Mabinogion.  The poster itself doesn't seem to be widely available but it is out there (I found a couple of places) if you want it.  I just might have to get one myself.

Who Could Have Predicted This?

Instapundit is right.


The people who thought that was a meltdown haven't spent enough time around the folks who were making the arguments. It was never a stretch to say that they'd be after Washington and Jefferson as soon as they got rid of Robert E. Lee and Stonewall Jackson -- Virginia secessionist slaveholders all. Actually, if you view American history primarily through the lens of slavery, Stonewall Jackson may have been the best of the four. Washington isn't going to get a break: his slaves fled to the British for protection.

Al Gore Too?

Maybe this "Me Too" thing was worth doing after all, just to make clear the scale of this problem. It's starting to look like this bad behavior is rampant in places of power -- now Al Gore is being accused by multiple women. I suppose finding out that both halves of the Clinton administration are guilty is unsurprising, given that the boss sets the tone for the workplace. Nor are Republicans well placed to say much, I guess, with Trump at the head of the party.

Do you suppose that the worst people seek power, or that the power makes them worse?

NINA

From Newsweek, anti-Irish, anti-Catholic prejudice of the sort you haven't seen in decades.
Once the biggest names, faces, and voices on television were Huntley and Brinkley, Cronkite, Murrow, even John Chancellor and Dan Rather, all sober, serious Americans—and all Protestants too.

Now we have angry loudmouths with names like O’Reilly, Hannity, Buchanan, and, lurking back there with his Cheshire smile, the dissolute but scary Bannon.

Yet no one has noticed this obvious fact, and the sheer lack of attention may be the most important thing about it. Why has the ascent of a bunch of people who in an earlier period might have been called Micks drawn no notice at all?
The piece isn't really coherent; the author can't decide if it's important that these guys are all Irish, or if in fact they aren't very Irish. That allows him to finish on the PC note of 'embracing Irishness,' which is apparently really about being a Communist.

Congress Is A Law Unto Itself

Congress forbids staffers from pursuing lawsuits about office harassment without committing to months of "counseling" first. They're also required to subject themselves to a mediation process to try to settle the business out of court.

No doubt that process produces far better results than the transparency and accountability of an open court would. I mean, that's what I would expect, wouldn't you?

"Fair Market Value"

I'm always suspicious of attempts to determine a 'fair market value' for properties other than by seeing what they'll bring on the market. What if we determine that the market itself isn't fair?
Just a few months ago, Lopez had a contract in place to sell her 1,200-square-foot home for $265,000 so she and her daughter could move to a bigger house nearby.... Just days before the home closing, Lopez was told her home was part of an affordable housing program that Denver created in 2003.... That meant [her home] could only be sold to buyers who qualified as low income....

Lopez could only sell her home for $186,000, $79,000 less than her buyers were prepared to pay, because the city only allows its affordable housing homes to appreciate 5 percent a year.
She's been ordered to relist the home in 30 days for no more than the mandatory maximum price. By the way, the city has been taxing her on the full value of the house -- not the 'value' they insist she's required to accept for it.

Poll: Only 51% of Democrats Support Investigating Trump

Meanwhile, nearly two thirds of respondents felt that the current investigations into President Donald Trump’s ties to Russia are hurting the country more than helping. Only 51% of Democrats felt the investigation was helping, with the other 49% arguing it was hurting.

Interesting Point

The point that drew my attention occurs early. Christina Hoff Summers: "It looks to me as though the way society used to police and monitor the lives of gay people, now it's moved to heterosexual males. They are under constant criticism and surveillance, and their normal sexuality has been pathologized."



This turns into an eleven minute conversation, some parts of which are more interesting than others. Camille Paglia's point that her generation fought for the right to risk being raped is phrased in a controversial way, but she's right: the focus on winning freedom for young women in her era was being fought against a protective instinct from colleges. I remember my mother talking about her college campus in just the way she does: that the women had to sign in and out, and be in by a certain hour.

The 'microaggression app' sounds unpleasant in the extreme.

JFK Assassination Declassification

The UK Independent has a live update page.

Meanwhile, the DB gets its licks in.

"Gasp!"

The NYT on Chief of Staff John Kelly:
For all of the talk of Mr. Kelly as a moderating force and the so-called grown-up in the room, it turns out that he harbors strong feelings on patriotism, national security and immigration that mirror the hard-line views of his outspoken boss.
Strong feelings on patriotism, you say? In a White House Chief of Staff? National Security, too?

I can see people worrying about immigration. Kelly's DHS developed a hard-core strategy of proving to illegal immigrants that they could rely on no safe havens anywhere in America. You see stories like this one about a 10-year-old cerebral palsy patient that Border Patrol agents followed to the hospital, and then arrested as soon as she was released. Clearly the intent is to communicate that there will be no mercy for illegal immigrants, and that they have to fear showing up anywhere: the hospital, court, school, anywhere at all. The government can't deport 11 million people, or 20 million people, and it doesn't even know if the true figure is 11 or 20 million people. If it can make living in America sufficiently terrifying, however, it might convince them to leave on their own.

Those are the hardball tactics that I'd expect from a Marine assigned to enforcing immigration law given the exigent existing circumstances. We'll simply never get back to an enforceable state of affairs otherwise: the choice is between hardball tactics or accepting this mass illegal immigration as a fait accompli. A lot of people will nevertheless be put off by the hardball play, as most people prefer feeling generous and kind rather than cruel and merciless.

You can't properly damn Kelly for taking this tactic if you are also one of those who supported the Obama and Bush II era policies that made this the only choice on the table. If Mr. Obama and Mr. Bush had done their job to ensure that the laws were faithfully executed, we would not now be in a case in which the only options are "accept that the law has failed" and "restore effective enforcement by horror." That is of course what we'll hear, though, because the idea is supposed to be that the law itself was always wrong; not enforcing it was always right. Enforcing it emphatically in ways that scare people is even worse than enforcing it gently in ways that allow many people to slip through the cracks.

Still, for what it's worth, that's how we got here. Kelly's DHS is doing this because literally the only alternative is accepting the 11 or 20 (or 30 or 40) million people who came here illegally. He was hired to get a handle on this problem, and this approach is the only functional way left on the table. The people who made that reality bear a lot of the blame for the fact that this approach has been chosen by their successors.

The Dark Continent

I never get tired of stories about people on safari into flyoverland, trying to understand the mysterious natives.

My own county is convulsed right now with hurricane destruction.  Although our house came through with flying colors, nearly every house in the county was damaged to some extent; a surprising number were totaled.  Not very many businesses are back up and running yet.  The county estimates that it's lost about 25% of its revenue base, a combined effect of devalued real estate and a huge hit to hotel/restaurant surtaxes and business sales taxes.

Naturally the County Commissioners have chosen this critical time to go full Nanny-State with construction permits, ostensibly in order to placate FEMA and the National Flood Insurance Program.  The timing is not ideal, given that FEMA appears to be universally loathed here.  Citizens were surprised to learn that it's difficult to qualify for FEMA benefits unless you're broke and uninsured.  Even if you seem to qualify, the application requirements are arcane or, at least, beyond the abilities of most broke and uninsured people.  Facebook has been boiling with horror stories.  I haven't run into anyone yet who got flood insurance benefits.  We suffered very little from rising water, almost entirely from high winds.

Nevertheless, we discovered (to the discomfiture of those small-governmentistas among us who should have been paying closer attention) that the Commissioners Court adopted a floodplain administration plan in early 2016 that instituted a construction permit process for the county's unincorporated areas.  On its face, it's not too horrible, in that it applies only to new construction or to repairs or renovations expected to cost at least half the value of the original structure.  Unfortunately, the Commissioners are now inexplicably taking the position that it applies to all repairs.  Naturally, this drives me nuts, not only the intrusion but the inability of a governmental body to think sensibly about whether they're really going to administer permits for everyone who needs to replace a window pane for the rest of time.

I'm very curious to see whether the citizens will put up with it.  The Facebook response includes a good bit of sensible outrage that nevertheless is disturbingly leavened with a certain amount of "but gosh, everybody should be forced to build properly, and naturally only the government can make that happen."  More to the point, because the Commissioner for my precinct just announced she will not stand for re-election in 2018, I have to decide whether to file for her position by the December 11 deadline.  This is not a job I want.  Still, I've always said that if you don't like who occupies most political offices, you should be willing to run for office yourself.

I'm trying to look at it as an experiment in whether residents of a largely unincorporated area of a deep-red Texas county are committed to small government.  If they're not, I'll be disappointed and less hopeful about the future of our freedoms, but at least I won't have to serve.  If I run and win, I won't be able to out-vote four other Commissioners, but I can make my voice heard, and I can certainly publicize their actions in a way that's actually calculated to reach the citizens, as opposed to meeting bare-minimum standards under the law.

Why the trial by ordeal was actually an effective test of guilt

Peter T. Leeson, professor of economics at George Mason University, has an interesting explanation of why trials by ordeal may have worked well. He starts out:

The only ones who know for sure whether a defendant is guilty or innocent are the defendant himself and God above. Asking the defendant to tell us the truth of the matter is usually useless: spontaneous confessions by the guilty are rare. But what if we could ask God to tell us instead? And what if we did? And what if it worked? 
For more than 400 years, between the ninth and the early 13th centuries, that’s exactly what Europeans did. In difficult criminal cases, when ‘ordinary’ evidence was lacking, their legal systems asked God to inform them about defendants’ criminal status. The method of their request: judicial ordeals.

He then explains how it could have actually worked. Pretty nifty, though whether his explanation is true or not is another matter, I suppose.

Mistakes Were Made

How do you get to the point in your professional life in which you have to write the following sentences? "Over the last few days, I have reflected on my appointment of H.E. President Robert Mugabe as WHO Goodwill Ambassador for NCDs in Africa."