Guns in the Delusional World of the Leftist

Your typical leftist wants it to be illegal for a citizen to own  a gun for self-defence.  In recent news, an 80 year old Chicago man shot and killed an armed  home invader thereby defending himself, his elderly wife and his grandson.  Well done, old man,  a boon service to humanity.  The miscreant was a scumbag with a long rap sheet.  But in Chitown it is illegal to own a handgun!  That bespeaks a  serious paucity of common sense in the Windy City.  There ought not be any such law.  But since there is, it must be enforced.  Right?  In the topsy-turvy world of leftist 'thought,' one enables the criminal while penalizing the decent citizen.

Laws should be few in number, rational in content, clear and concise in formulation, enforceable, and enforced.  Laws should not be passed for 'feel good' purposes, to show that one is a bien-pensant 'caring' liberal.  All reasonable people abhor gun violence.  But the solution is not legislation that will be ignored by malefactors and serve only to hamstring the law-abiding.

Another Round with Reppert on AZ SB 1070: Reasonable Suspicion

In his most recent post on this topic, Victor Reppert tells us that his "main concern is with the 'reasonable suspicion' clause. That strikes me as horribly vague."  Here is the relevant SB 1070 passage as amended by HB 2162 which contains the clause in question:

For any lawful contact stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien who and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. 

Reppert continues:

In our state, most illegals are Hispanics, but most Hispanics are not illegals. If you define your conception of what it takes to have reasonable suspicion, and on my blog I made an un-remarked-upon recommendation that we have reasonable suspicion just in case we have objective criteria leading to the conclusion that it is more likely than not that the person is illegal, then you could at least eliminate the worst of the profiling problems. You can't just stop a Hispanic and make an immigration status inquiry, because being Hispanic is not sufficient for it to be more than 50% likely that the person is here illegally. (Emphasis added)

I believe Reppert is missing the point here.  I agree with the last quoted sentence.  But the  1070 law does not mandate that Hispanics be stopped at random to have their status checked.  The law clearly states the conditions under which an immigration inquiry may proceed:

1.  There must be a lawful stop, detention, or arrest.

2. The stop, detention, or arrest must be made in the enforcement of a law other than 1070.

3.  There must be reasonable suspicion that the person is an illegal alien.

4.  The immigration inquiry must be practicable.

5.  The immigration inquiry must not hinder or obstruct an investigation.

I should think that Reppert's 50% rule is satisfied if all the conditions are observed.  For example, during a lawful traffic stop, the cop has the right to ask for a driver's license.  If the Hispanic driver has no license, no proof of insurance, no registration, has a campesino sticker on his bumper, is driving a junker, etc.  then the the chance that he is illegal is way over 50%.

There is a distinction I made earlier which is very important and which Reppert may be ignoring, the distinction between a law and its enforcement.  If a law is reasonable and just, it is these things whether or not some cowboy of a cop oversteps his legitimate  authority in its enforcement.  It would be absurd to argue that a particular law should be repealed because there may be abuses in its enforcement.  For any such argument would 'prove too much': it would prove that every law ought to be repealed.  For every law is such that an abuse can occur in its enforcement.

Illegal Immigration, The Catholic Bishops, and the Misuse of Scripture

(Written 26 April 2006, revised 23 May 2010)

At the website of the U.S. Conference of Catholic Bishops, we read:

Why is the Catholic Church involved in the immigration issue? There are several reasons the Catholic Church is involved in the  immigration debate. The Old and New Testaments, as well as the encyclicals of the Popes, form the basis for the Church's position.  In Gospel of Matthew, Jesus calls upon us to "welcome the  stranger,for what you do to the least of my brethren, you do unto me. " (Mt. 25-35, 40).

There is a deep mistake being made here, and we should try to understand what it is. The mistake is to confuse the private and public spheres and the different moralities pertaining to each.

Note first that if one scriptural passage can be invoked as a basis for public policy and law, then any can. We are enjoined in other New Testament places to "Resist not the evildoer," "Turn the other cheek," and the like. 

Injunctions such as these cannot be made the basis for public policy whatever value they have in the private sphere.

Imagine a society that implements a policy of not resisting (apprehending, trying, convicting, incarcerating) rapists, murderers, and miscreants generally. Such a society would seal its own death
warrant and cease to function. It is a fact of human nature that people, in the main, behave tolerably well only under threat of punishment. People for the most part do not do the right thing because  it is the right thing, but out of fear of punishment. This is not pessimism, but realism, and is known to be true by all unprejudiced students of history and society.  Conservatives know this 'with their bones'; liberals need to learn it the hard way.  Therefore not even a 'Christian' society can afford to make "Resist not the evildoer" a principle of public policy.

As for turning the other cheek, it is a policy that works well in certain atypical circumstances. If a man has a well-formed conscience, and is capable of feeling shame, then turning the other cheek in the face of his affront can achieve a result far superior to that achieved by replying in kind. Nonviolence can work. Gandhi's nonviolent resistance to the British may serve as an historical example. The Brits could be shamed and in any case Gandhi had no other means at his disposal. But imagine what would happen if Israel turned the other cheek in the face of its Islamist enemies who would blow it off the face of the earth at the first opportunity?

Once your enemy has reduced you to the status of a pig or a dog fit only to be slaughtered, then there is no way to reach him, shame him, or persuade him by acts of forebearance and kindness. You must resist him, with deadly force if necessary, if you wish to preserve your existence.  The evil triumph when the good fail to defend themselves.

But is it not better to suffer wrong than to inflict it, as Socrates maintained? Would it not be better to perish than to defend one's life by taking life? Perhaps, but only if the underlying metaphysics and
soteriology are true. If the soul is immortal, and the phenomenal world is of no ultimate concern — being a vale of tears, a place through which we temporarily sojourn on our way to our true home —
then the care of the soul is paramount and to suffer wrong is better than to inflict it.

The same goes for Christianity which, as Nietzsche remarks, is "Platonism for the people." If you are a Christian, and look beyond this world for your true happiness, then you are entitled to practice
an austere morality in your private life. But you are not entitled to impose that morality and metaphysics on others, or demand that the State codify that morality and metaphysics in its laws and policies. For one thing, it would violate the separation of Church and State. More importantly, the implementation of Christian morality would lead to the destruction of the State and the State's ability to secure life, liberty, and property — the three Lockean purposes for which we have a state in the first place.

The problem of confusing private and public morality is well understood by Hannah Arendt ("Truth and Politics" in Between Past and Future, Penguin 1968, p. 245):

The disastrous consequences for any community that began in all earnest to follow ethical precepts derived from man in the singular — be they Socratic or Platonic or Christian — have been frequently pointed out. Long before Machiavelli recommended protecting the political realm against the undiluted principles of the Christian faith (those who refuse to resist evil permit the wicked "to do as much evil as they please"), Aristotle warned against giving philosophers any say in political matters. (Men who for professional reasons must be so unconcerned with "what is good for themselves" cannot very well be trusted with what is good for others, and least of all with the "common good," the down-to-earth interests of the community.) [Arendt cites Nicomachean Ethics, Book VI, and in particular 1140b9 and 1141b4.]

There is a tension between man qua philosopher/Christian and man qua citizen. As a philosopher/Christian, I am concerned with my soul, with its integrity, purity, salvation. I take very seriously indeed the Socratic "Better to suffer wrong than to do it" and the Christian "Resist not the evildoer." But as a citizen I must be concerned not only with my own well-being but also with the public welfare. This is true a fortiori of public officials and people in a position to influence public opinion, people like Catholic bishops. So, as Arendt points out, the Socratic and Christian admonitions are not applicable in the public sphere.

A Catholic bishop, therefore, who is pro illegal immigration on the strength of the "welcome the stranger" passage demonstrates a failure to understand the simple point that Arendt undescores.

What is applicable to me in the singular, as this existing individual concerned with the welfare of his immortal soul over that of his perishable body, is not applicable to me as citizen. As a citizen, I
cannot "welcome the stranger" who violates the laws of my country, a stranger who may be a terrorist or a drug-smuggler or a human-trafficker or a carrier of a deadly disease or a person who has no respect for the traditions of the country he invades; I cannot aid and abet his law-breaking. I must be concerned with public order and the very conditions that make the philosophical and Christian life possible in the first place. If I were to aid and abet the stranger's lawbreaking, I would not be "rendering unto Caesar the things that are Caesar's."

Indeed, the Caesar verse provides a scriptural basis for Church-State separation and indirectly exposes the fallacy of the Catholic bishops who cannot comprehend the simple distinctions I have tried to set forth.

More on Immigration Law: Arizona House Bill 2162. Response to Reppert

On Friday, Arizona Governor Jan Brewer signed HB 2162 which modifies and clarifies SB 1070 which was signed into law the week before.  Here is a passage from 1070 which is constantly misrepresented in the liberal press, including the Arizona Republic newspaper:

FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS  UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,  WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. (lines 20-26, p. 1)

The misrepresentors leave out (intentionally?) the bit about 'lawful contact.'  Where the bill has 'lawful contact,' the 1070 fact sheet has 'legitimate contact.'  It amounts to the same: lex, legis, is Latin for 'law.'  Now 'lawful contact' would naturally be interpreted to refer to contact between a law enforcement officer and a person during the course of a traffic stop and similar situations where a law has been broken.  Victor Reppert, in his response to me, makes a good point.  Because 1070 makes it a state crime to be an illegal alien, "it would seem to me that any attempt to determine whether the crime of being here illegally had been committed would constitute a legitimate [lawful] contact. "  Whether or not this is so, the house bill  provides clarification of 'lawful contact' and removes Reppert's worry:


Continue reading “More on Immigration Law: Arizona House Bill 2162. Response to Reppert”

Laws of Nature, Civil Laws, and the Idea of ‘Breaking’ a Law

In Kant on Miracles,  I wrote:

The advantage of the epistemic approach [to miracles] is that it rescues us from the rank absurdity, pointed out by Hume, of having to say that there are laws of nature that admit of exceptions. Since our understanding is imperfect, our formulations of the laws of nature will some of them admit of exceptions. But it is hard to credit the idea that the laws themselves could admit of exceptions.

This assertion that (deterministic) laws cannot have exceptions drew heavy fire. 'Ockham' commenting at my old blog, wrote:

If a law couldn't be broken, why do we ever use the word 'broken' in the same vicinity as 'law'? Indeed, at this point I could use a 'contrast argument' which I know Bill hates. It only makes sense to talk about laws not being broken, if laws can be broken. Ergo, laws can be broken.

All Legislation Legislates Morality

One often hears people say, 'You can't legislate morality!' People who say this are often people who confuse the genus morality with the species sexual morality. But even upon acquiescence in this genus-species confusion, it is obvious that we can, do, and ought to legislate morality. After all, we have laws against rape, and we ought to have them. Rape is both immoral and illegal, and it is right that it be illegal. The fundamental problem, however, is the confusion of morality with sexual morality. That the two are distinct should be self-evident, hence I won’t spare the reader the pleasure of providing his own examples. But perhaps I should give one example to prime the pump of the reader's thinking. Suppose a woman poisons her husband in order to collect on a life insurance policy. The act is immoral but has nothing to do with sex in the way that committing adultery has something to do with sex.

Continue reading “All Legislation Legislates Morality”

Morality Private and Public: On Not Confusing Them

Socrates and Jesus are undoubtedly two of the greatest teachers of humanity. Socrates famously maintained that it is better to suffer injustice than to commit it, and Jesus, according to MT 5:39, enjoins us to "Resist not the evildoer" and "Turn the other cheek." No one with any spiritual sensitivity can fail to be deeply impressed by these sayings. It is equally clear that no one with common sense can suppose that they can be applied in the public sphere.

Continue reading “Morality Private and Public: On Not Confusing Them”