Who Burned the Bonnehomme Richard?
The Navy has charged a sailor, but won’t release his name or apparent motive.
West's Founding IV
The next section includes a lot of inside baseball, where West is working out disputes with other scholars (especially but not only Harvey Mansfield). There are three 'clarifications' West wants to lay out before he proceeds with positive arguments from the Founders on natural rights.
1) "Self Evident Truths." West makes the plausible claim that what is meant in the Declaration by "self-evident" is really "we all agree about this." The claims about human equality are not, in fact, self-evident. In fact, the evidence of your eyes will tend to argue against the notion that we are all equal. We have games like the ongoing Olympics to sort out questions about inequalities even among the very most unequally talented. People are smarter, stronger, wiser, and also weaker, slower, more foolish. It's the most obvious thing in the world.
This is a topic I've written quite a bit about, and my sense is that 'equality' among humans is generally only possible given a third party. Let's say that I'm a father, to illustrate, who has three sons. These sons are not equal: one is the oldest and another is the youngest, one is the strongest and another is the weakest, etc. But they are all equals in that they are all equally blessed, by me, in bestowing upon them an equality of inheritance. In that sense they are in fact exactly equal.
It happens that this is the kind of equality the Declaration posits, i.e., 'they are endowed by their Creator' with equal natural rights. But this isn't "self-evident" -- I had to give an argument for it.
West points out that scholars have sometimes treated the arguments for natural rights given by the Founders as dispensable because of this claim that the natural rights are "self-evident." They aren't, in fact, except perhaps in the sense he means. You do have to prove that they exist.
2) "Why should nature be a standard for right?" This is a crucial question. I'm not sure from reading West's account if he understands the depth of the opposition. Hume raised an objection to the whole idea that 'ought' can be derived from 'is.' Why should it be true, as Aristotle says, that an eye 'should' see because it ordinarily can see? Why isn't a blind eye just as good, in its own way, or perhaps even better in that it can enable different approaches to understanding and grappling with reality?
West gives this about two pages, which isn't enough. It's one of the most fundamental questions in philosophy. My own answer, summarized, is that you can only ever get an ought from an is. If it is possible to get an ought at all -- another fundamental and difficult question -- it has to be from the things that exist. Whether you get them from natural organs and functions ('an eye should see because that's what eyes evolved to do') or reason as Kant does (reason exists, after all), from virtue (what makes a virtue is that it excels, i.e., it has practically valid results), all these things reason from what is. There is no access to a discussion of 'ought' outside of reality; and thus, reasoning from nature, i.e. what is, is not only a reasonable thing to do it is the only thing to do.
But that is also too brief, much too brief. West quotes Hamilton: "The sacred rights of mankind are... written, as with a sunbeam, in the whole volume of human nature, by the hand of the divinity itself, and can never be erased or obscured by mortal powers. (81) Would that it were so!
3) "The God of Nature." West rejects the idea that Deism was very important among the Founders, imputing to them a more ordinary form of Christianity. However, he does allow them the Enlightenment conceit that human access to reason is sufficient to deduce laws in (and of, which is not quite the same thing) Nature.
Here he claims to be interested in refuting those scholars who want to say that the Founding is hopelessly religious, rather than rational, and rooted in divine revelation. His (again very brief) discussion of natural religion is weak and limited to my ear, but I am accustomed to the Medievals who were very interested in this question and pursued it with great discipline. The point is that if you want to know about God, you can know him through his works; and nature, writ large, is one of his works. There are significant limits to this approach, which Aquinas and Avicenna explore in ways that West does not.
He is not that interested in the question, however, which may explain his brevity and inattention. He is interested in clearing the Founders of having relied upon revelation in the ordinary sense of 'God told me.' That's fair; they mean that they deduced ideas about God's will from God's work, not from the whisperings of angelic messengers audible only to themselves. (Muhammed is thereby supposed to have learned the divine law about what to do if a mouse fell into the butter you had churned this morning: to whit, God says to cut out the contaminated part and keep the rest.)
I'm leaving out all the internecine feuds with the other scholars. These are the key ideas from this section.
Licklog Gap
I know a high meadow still used that way. They’ve got a handsome crop of calves coming up. This view is from a little over five thousand feet, where it was seventy degrees and sunny today. Songbirds were singing, a veritable paradise even in August.
Bringing Back the Great Depression
Descendants of the FDR administration are uniting to try to get the Biden crew to adopt the same disastrous policies.
I knew one of these people decades ago; she was a professor at Armstrong (now part of Georgia Southern). Even then she’d built her career as a historian around apologist efforts for her grandfather’s work in Roosevelt’s cabinet.
Our government is so ossified in its bureaucracy now that it probably can’t learn any new tricks anyway. It won’t help to bring in people literally trying to restore failed policies that haven’t been new ideas for a century.
Never-, sometimes-, always-Trump?
Salena Zito thinks about Ohio:
Paul Sracic, a Youngstown State University political science professor, ... adds that it would be a big mistake to think that Ohio's sudden reddening was just about former President Donald Trump. “These voters clearly liked the former president, but they are not a cult," he says. "They were just waiting for someone like him to come along, and when he did, they were overjoyed. They’ll still turn out in droves to hear Trump because he still says the things they want to hear and in the way they want to hear them."
* * *
“Jacksonians were attracted to law and order Republicans such as Nixon, or the patriotic anti-communist, Ronald Reagan,” Sracic said. "But they usually considered themselves Democrats since they tended to be working class and associated the Republican Party with the wealthy. Trump converted the Republican Party into the Jacksonian Party; this change is likely permanent, and future Republican candidates will adopt this message.”
The wisdom of strangers
From a PowerLine comment: Programs are voluntary until people figure out they're rubbish, then they become mandatory.
Songs of Doom
Two country pieces, both of them odes to lost times as well as sorrowful worries that the world to come will not be one we will like.
Waylon Jennings played off the last one during a cameo he made on Married With Children. He said, “Men like us are dinosaurs. Real, live, dead dinosaurs.... The only thing wrong with being a dinosaur is there’s no future in it. But there is one hell of a past. Be like the mighty Tyrannosaur, and while you can, leave deep prints so everyone remembers we were here. Leave deep prints.”
No More Masks
I passed through Asheville today, expecting to find a total resurgence of the mask mania that characterized it last year. In fact very few people responded to the CDC by returning to their masks.
One young lady at a raucous bar explained: “I did the right thing, but I’m not going to let a bunch of Republicans screw up my summer.” I assume she meant ‘by not getting vaccinated,’ since Republicans hold no power at the Federal level and even at the state level only control a legislature whose power has been largely usurped by the governor and the courts.
The non-Karen voters
Instapundit reports both an encouraging outbreak of sanity among voters and an opportunity for Republicans to makes inroads into Democrat strongholds:
Overall, a majority of voters — 55 percent — agree that “despite good intentions, shutting down businesses and locking down society did more harm than good.” Only 38 percent disagree, with the rest unsure.
But the really interesting part is the racial breakdown: White Democrats reject the idea that lockdowns did more harm than good by a 30-plus-point margin. Nonwhite Democrats, on the other hand, are evenly divided.
The divide widens on the question of whether government officials will hold on to too much power in the future: 62 percent of voters say yes. Nearly two-thirds of white Democrats disagree. But note well: By a whopping 64-27 margin, black Democrats fear that officials will abuse their vast new powers.
West's Founding, III: Against Criticisms
West is aware of the need for someone writing today to defend the Founding against claims that it extended its allegedly universal claims only to white men, and only in defense of their power. He attempts this in Part I, Chapter 3.
First, he distinguishes between rights and power. "The language of the founding documents did not exclude either blacks or women from equal natural rights," he says, then quoting Congress' 1774 declaration, a 1776 address to foreigners fighting for the British that appealed to their notion of natural rights, Georgia's revolutionary 1776 constitution, and another 1777 affirmation by Congress. (62-3) If West is right about what was meant by equality -- that all are rightly born free of masters -- then the fact that political power was not distributed equally was not what the Founders intended by 'equality.' They had hoped (as per the last section) to enshrine political power among the especially virtuous, not all people equally. The rights of all to be free of slavery, though, were recognized as universal.
Of course that leaves the actual fact of slavery. West cites the 1780 Act for the Gradual Abolition of Slavery (Pennsylvania), which states that there is a "duty" to "release them from thralldom" because though "the inhabitants of the several parts of the earth were distinguished by a difference in feature or complexion.... it is sufficient to know that all are the work of the Almighty hand." (63) He also cites in the same place the abolition law in Rhode Island, and the fact that the Revolution was in fact accompanied by an intense period of manumission: "By 1810, more than a hundred thousand slaves had been freed." (ibid.)
As for those who kept slaves in spite of the Revolution, West has several citations from them in which they acknowledge the injustice of it. (65) Jefferson, he suggests, regarded it as both an intolerable injustice and yet a necessity because there was no practical way to release slaves without tempting a mass murder similar to the one that occurred in Haiti. (41) The fact that a hundred thousand slaves were indeed released without a mass slaughter is evidence against Jefferson's position, but the fact of Haiti's 1791 revolution and massacre gives evidence that Jefferson was not completely out to sea on this possibility. Jefferson knew and admitted that he knew that what he was doing was a violation of natural law and therefore a monumental injustice. The Founding was tainted by bad practices, but it was not unable to see the injustices being committed among its members.
Furthering this discussion, West cites pro-slavery Senator John C. Calhoun in a few places where Calhoun is condemning the Founders for being too devoted to this whole equality notion. Rather than the Founding principles being easily transferrable to the Confederacy, as is sometimes suggested, the Confederacy and its predecessors needed to reject the Founding explicitly. (64, 75)
On women and Native Americans, West has different arguments but claims that both were considered equals in the "natural law" sense he is framing as fundamental. Women are equals in that sense, he writes, but considered themselves to have a different role in society than the exercise of political power (a complimentarian view still defended by some communities, e.g., the Amish and some Orthodox Jews). He quotes Abigail Adams, certainly no shrinking violet, on this score, and a number of her contemporaries. (66-7)
Native Americans were not considered racially different at the time of the Founding, West says, only culturally so. He cites in support Patrick Griffin, who "argues that white settlers 'did not vie Indians as an alien race and did not refer to Indians by their physical features." (71) This may have some weight, because in the Colonial and Revolutionary period intermarriage was quite commonplace on the frontier. It is clear that a racism that embraced Native Americans arose later, of course, just as it is clear that the 1915 era KKK disliked Jews as well as Blacks even though Jews seem to have been regarded as equals in Antebellum Savannah (where they fought in duels against Christian gentlemen, the fullest proof that they were regarded as equals who must be answered even at risk of one's life).
What the Founders looked down upon about the Native Americans was their way of life, which they regarded as "savage." We know this because they say so, for example in the Declaration of Independence. In fairness, West says, just as the Declaration says the Native Americans did "often fight by means of indiscriminate and merciless killing of all ages, sexes, and conditions," and the British really did use them as irregulars on the frontier. (71) That did not remove their equality under natural law, but it did mean that they were criticized as barbarous and dangerous.
Maybe that's true. Certainly the record of interactions there involves a mixture of ruthless war and negotiated peace (the latter of which infamously often ends up being betrayed and treaties broken). There is intermarriage, there is cohabitation, there are frequently people of mixed heritage who seemed to be accepted without prejudice in the early era. I don't know that it's right, but it isn't completely out of order with what I know of the time and place.
West buys some trouble for himself in trying to rope in a discussion about relative intelligence for different peoples, citing Charles Murray et al. His claim is that the Founders would not have accepted that a difference in relative intelligence justified a reduction in rights, or an inequality in the natural law sense he has been defending. He might have been wiser to have avoided bringing what is really a historical debate about what the Founders thought into a contentious present day debate about whether race is in any sense 'real.'
That said, West has good citations in support of this position to Jefferson ("whatever may be the degree of talent [of blacks] it is no measure of their rights. Because Sir Isaac Newton was superior to others in understanding, he was not therefore lord of the person or property of others") Benjamin Franklin (who remarked after a visit to a school for black children, "Their apprehension seems as quick, their memory as strong, and their docility in every respect equal to that of white children"), and Alexander Hamilton ("their natural faculties are probably as good as ours... The contempt we have been taught to entertain for the blacks, makes us fancy many things that are founded neither in reason nor experience"). (69)
Likewise, he has Declaration signatory Benjamin Rush condemning the principle that intelligence ought to give power over others. "But supposing our author had proved the Africans to be inferior...: will his cause derive any strength from it? Would it avail a man to plead in a court of justice that he defrauded his neighbor, because he was inferior to him in genius or knowledge?" (70) That implies that Rush was not convinced of the proof, but also that he thought the proof was irrelevant to the question of rights.
West is trying to put a lot in this short section, which has to carry the weight of defending the Founding against a set of vicious attacks as well as a large number of misunderstandings (if West is right) by major historians and scholars. It is clear that he has found and marshalled at least a lawyerly defense, which should give us reasonable doubt about the condemnations to which the Founders are often subject. Whether it proves his case requires longer reflection and further study.
West's Founding, II
West has a bedrock notion that he wants to convey. That notion is that equality and liberty, as the Founders understood them, were the same thing: specifically, both terms mean that no one is born a natural slave. We are all born free, and therefore we all are in that strict sense equals.
That puts him at odds with most of the scholarship, which have treated equality and liberty as being different notions -- even opposing or incoherent ideas. If we are really free, then inequality will surely result as natural talents, differential fortunes, and other things create unequal results. (As West points out, the scholars are led astray here by de Tocqueville, whose use of the term 'equality' is the French and not the American notion, and really is a commentary on 'equality of condition.')
It also creates a conceptual problem because the Founders definitely do believe that some people are natural aristocrats. By this they meant roughly what Aristotle meant, i.e., that some men are more capable of excellence, i.e., "virtuous" than others. Jefferson says this explicitly in his letters, but he is not alone. James Wilson wrote, "When we say that all men are created equal, we mean not to apply this equality to their virtues," which may vary widely. (73; all page numbers in this series will be to West unless otherwise noted.) The Founders, like the Greeks, take it as a matter of first importance to identify those who are exceptionally virtuous for government service and refer to this mission over and over in their state constitutions and similar statements (ibid).
Nevertheless, this capacity for excellence does not create a natural class of masters: the idea is that free and equal men shall choose their leaders from among themselves. The power of legitimate governing arises from this election, without which no superiority in intelligence or virtue (which are not equivalent terms) justifies the exercise of power of one over another.
West's project ends up treating a number of terms as being actual equivalents: "In these documents," he writes, "'created,' 'born,' an 'by nature' are equivalent terms. 'By nature' means as they really are, independent of customs and traditions. What human beings really are -- with respect to freedom -- is individuals who are neither the masters nor the slaves of other people." (25) This gives rise to the concept that human beings have a natural right to be treated in accordance with that equality, which in nature (i.e. pre-politically) is absolute. Social compacts may create a class of governing men with legitimate power, but in nature there is not one.
Likewise, even social compacts end up being limited because there are some parts of this equality that cannot morally be given away. These are the 'inalienable' rights, which include "life, liberty, and property" or "life, liberty, and the pursuit of happiness," but also several variants West finds regularly included in the many lists composed by the Founders in various documents. "Other rights sometimes mentioned include reputation, keeping and bearing arms, freedom of speech and press, and assembly." (27-8) All of those except 'reputation' have survived to us at least as ideals; that one, I notice, is a right to defend one's honor. Our society has tried to dispose of honor as a value, though it is in fact impossible to do that; instead we end up fighting over whether George Washington or George Floyd should be honored with statues and street names. The Founders' earlier model, which entailed a right to defend honor with violence, was defensive: it was not a right to initiate violence, but to demand that no one be allowed to sully your honor without being subject to answering to you for it.
The consequence of this idea of natural right is that everyone is "rightfully free of the violence of others," an idea we usually today hear mostly from libertarians. (28) This also imposes natural duties of others not to impose upon us their violence, within only the limits of ensuring the public peace (e.g., religious liberty is not coherent with endorsing the sacrifice of even one's own children). (33)
This collection of natural rights and corresponding natural duties is, together, what West believes the Founders meant by "natural law." This set of laws must be respected by any decent government, and a government that comes to violate these things is -- as the Declaration will tell us -- rightfully set aside. It is out of order not only with human nature but nature in general, and thus the will of the author of Nature, however you conceive of that. Jefferson wrote that it applies to all societies and to foreign policy, i.e., the interaction of societies. "[T]he moral law to which man has been subjected by his creator... The moral duties which exist between individual and individual in a state of nature, accompany them into a state of society." (39)
West points out that this idea does not imply a lack of conflicts, even violent ones. "In the founders' theory, it is possible for one person to have a natural right to violate the natural rights of another," he says, pointing to an example from Jefferson about two ships that meet at sea, one starving and the other well-supplied. The right to life being the first natural right, Jefferson said, the starving ship would have the right to extract food by force should the other ship refuse to sell them food. The right to property, although also a natural right, is derivative of the right to life: you are entitled to collect and use property as a way of sustaining your own life. (40-1) It is surprising to find a right to piracy, you might think, but in fact pirates and the American colonies had an interesting historical relationship and a lot of American ideas were tried out by buccaneers first.
Nevertheless West is clear that this "does not create a rightful claim against others to provide [those with unequal resources] with resources -- except in extreme circumstances[.]" (49) "Modern liberal rights are not natural because no one possesses food, transportation, respect, and access to medical care by nature." (ibid.) I note that he is using the term "respect" here as a non-natural right, whereas "reputation" was a natural right -- one rather difficult to disentangle from 'respect' in ordinary language. He has in mind Rawls' usage, which is that those who are not respected by society have a claim on having respect somehow 'transferred' to them, which is unworkable.
This argument exposes West to a large number of criticisms from scholars; he exposes himself to more, as I will explore in later sections. The most obvious current criticism is that the Founding was either hypocritical or racist, sexist, etc., in denying equality and liberty. He has quite a bit to say about that, so I will treat that next.
A Philosophy of Pornography
We were talking at some length here and at AVI's place about the way in which the virtual, and especially pornography, alters the sense of self in the young. Arts & Letters Daily linked to a philosopher who is working on this, and she says some of the nicest things about conservative thought I've ever heard from someone on the left.
I put it to Srinivasan that her critique shares some of its spirit with conservative objections to porn: the worry that porn’s logic of commodification corrupts the value of sex, manifest perhaps in the creeping feeling—all too easily evoked whenever one finds oneself choosing from a menu with pictures—that one is engaged in something debasing. “I totally agree,” Srinivasan says—“the conservative way of putting it is that we have this kind of sacred thing that’s being degraded by being placed on this screen. I more specifically want to say the thing we’re losing is a certain kind of creative capacity which then gets dulled by its over-reliance on the screen.”Such arguments, she adds, are another reason to read conservative philosophers—“to understand that part of us, which is very much drawn to and recognises the truth in conservatism, because it’s a very false radical politics that thinks that progress does not come with loss.”
That's a very keen insight as well as a kind word. You may or may not find that you agree with her thoughts on pornography, but that much we can surely appreciate.
Socratic Humility
A fun exploration of Socrates and his method.
Socrates: What is courage?You: Courage is being willing to take big risks without knowing how it’s going to work out.Socrates: Such as risking your life?You: Yes.Socrates: Is courage good?You: Yes.Socrates: Do you want it for yourself and your children?You: Yes.Socrates: Do you want your children to go around risking their lives?You: No. Maybe I should’ve said that courage is taking prudent risks, where you know what you are doing.Socrates: Like an expert investor who knows how to risk money to make lots more?You: No, that isn’t courageous. . . .
When I first encountered Socrates, it was through the Laches, and so the question of what courage was happened to be the first question I found him considering. I thought, as a teenager, that I would answer thus: "Courage is the quality of doing the right thing even though it is dangerous."
On the reflection of many years, I still think that's not a terrible definition. It avoids the riposte sketched in the article: "Do you want your children to go around risking their lives?" Not for no good end, but you do want your children to do what is right. Sometimes this might entail risking life or limb, but you want them to have the quality they need to do what is right even if someone or something is threatening them.
What Socrates would probably say to that is, I think, to press me on whether that means that the virtue is a form of knowledge, and therefore could be taught; and if so, why it was not always possible to teach it, why some men turned out to be cowards in spite of careful instruction.. That was one of his favorite lines of inquiry. As you know from reading much from me on the subject, I think Aristotle gets this one right: it's not so much a form of knowledge, as it is a state of character that is attained by practice and habituation. You can only change yourself so much, and some people thus turn out to have more potential for courage than others just as some have more potential for swimming than others.
[For all of Socrates'] influence, many of our ways are becoming far from Socratic. More and more our politics are marked by unilateral persuasion instead of collaborative inquiry. If, like Socrates, you view knowledge as an essentially collaborative project, you don’t go into a conversation expecting to persuade any more than you expect to be persuaded. By contrast, if you do assume you know, you embrace the role of persuader in advance, and stand ready to argue people into agreement. If argument fails, you might tolerate a state of disagreement—but if the matter is serious enough, you’ll resort to enforcing your view through incentives or punishments. Socrates’s method eschewed the pressure to persuade. At the same time, he did not tolerate tolerance. His politics of humility involved genuinely opening up the question under dispute, in such a way that neither party would be permitted to close it, to settle on an answer, unless the other answered the same. By contrast, our politics—of persuasion, tolerance, incentives, and punishment—is deeply uninquisitive.
Sometimes it is necessary to be intolerant to preserve a spirit of honest debate and deeper inquiry. It is not ideal, it is not desirable, but it proves to be necessary at times. Yet more often we see people closing off debate not to preserve an honest and reasonable discussion on terms of mutual respect, but to enforce what is merely the preference of the rich and powerful. That seems to be the fate of the current moment, at least. Perhaps we can do better if we can find a way to throw it off.
On The Subject
The Olympics are considering dropping weightlifting.
Olympic weightlifting has never been an interest of mine, and in fact it strikes me as extremely weird. None of the lifts that I think of as the core, major lifts are actually in the competition. For example, all three of the Powerlifting lifts from the previous article are omitted. The overhead press is simulated to some degree by the clean and press, and since the legs are stronger you can probably clean the weight if you can press it. Still, for a sport called "weightlifting" it seems to be more about explosive, dynamic movements than the simple ability to lift weight.
The reason they are thinking about cutting the sport is because of doping. Now there they might take a page from Strongman and Powerlifting, and simply stop worrying about it. You want to see how strong a human being can be? Well, let them do whatever they want to prepare for the competition. This has the nice side effect of eliminating any trans*-competition concerns because, if you're going to let them juice with whatever they want, there's no reason to worry about natural hormones.
(I am myself a purely natural guy; no performance-enhancing drugs of any kind have I ever used. From my perspective, though, the reason to be strong isn't to win the Olympics -- it's to maintain robust good health and physical capacity for as long as I am able. Taking dangerous supplements would be counterproductive if that is the end.)
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