There is so much to learn from the Trayvon Martin affair. One 'take-away' is the importance of self-control. If Martin had been taught, or rather had learned, to control himself he would most likely be alive today. But he didn't. He blew his cool when questioned about his trespassing in a gated community on a rainy night. He punched a man in the face and broke his nose, then jumped on him, pinned him down, and told him that he was going to die that night. So, naturally, the man defended himself against the deadly attack with deadly force. What Zimmerman did was both morally and legally permissible. If some strapping youth is pounding your head into the pavement, you are about to suffer "grave bodily harm" if not death. What we have here is clearly a case of self-defense.
Does race enter into this? In one way it does. Blacks as a group have a rather more emotional nature than whites as a group. (If you deny this, you have never lived in a black neighborhood or worked with blacks, as I have.) So, while self-control is important for all, the early inculcation of self-control is even more important for blacks.
Hard looks, hateful looks, suspicious looks — we all get them from time to time, but they are not justifications for launching a physical assault on the looker. The same goes for harsh words.
If you want to be successful you must learn to control yourself. You must learn to control your thoughts, your words, and your behavior. You must learn to keep a tight rein on your feelings. Unfortunately, liberals in positions of authority have abdicated when it comes to moral education. For example, they refuse to enforce discipline in classrooms. So liberals, as usual, are part of the problem.
But that is to put it too mildly. There is no decency on the Left, no wisdom, and, increasingly, no sanity. For example, the crazy comparison of Trayvon Martin with Emmet Till. But perhaps I should put the point disjunctively: you are either crazy if you make that comparison, or moral scum.
Robert Paul Wolff here vents "a rage that can find no appropriate expression" over "The judicially sanctioned murder of Trayvon Martin . . . ."
"Meanwhile, Zimmerman's gun will be returned to him. He would have suffered more severe punishment if he had run over a white person's dog."
What fascinates me is the depth of the disagreement between a leftist like Wolff and a conservative like me. A judicially sanctioned murder? Not at all. A clear case of self-defense, having nothing objectively to do with race, as I have made clear in earlier posts. And please note that "Stand Your Ground" was no part of the defense. The defense was a standard 'self defense' defense. Anyone who is not a leftist loon or a black race-hustler and who knows the facts and the law and followed the trial can see that George Zimmerman was justly acquitted.
Wolff ought to be proud of a judicial system that permits a fair trial in these politically correct times. But instead he is in a rage. What would be outrageous would have been a 'guilty' verdict.
Was the blogger at Philosopher's Stone a stoned philosopher when he wrote the above nonsense? I am afraid not. And that is what is deeply disturbing and yet fascinating. What explains such insanity in a man who can write books as good as The Autonomy of Reason and In Defense of Anarchism?
Does the good professor have a problem with Zimmerman's gun being returned to him after he has been cleared of all charges? Apparently. But why? It's his property. But then Wolff is a Marxist . . . .
It is sad to see how many fine minds have been destroyed by the drug of leftism.
Piers Morgan and many others think that someone ought to 'pay' for Trayvon Martin's unfortunate death, and that that person ought to be George Zimmerman. Morgan demands justice for Trayvon and thinks that this can be achieved only be convicting Zimmerman of some crime. But what murk and muddle in Morgan's mind makes him think this?
I conjecture that he is failing to distinguish among three senses of 'responsibility,' the causal, the legal, and the moral.
There is no doubt that Zimmerman caused, and is therefore causally responsible for, Martin's death. There was no 'whodunit' aspect to the trial. It is clear 'whodunit.' But it doesn't follow that the Hispanic is either legally or morally responsible for the black youth's death. As we saw from the trial, Zimmerman was acquitted. There simply was not the evidence to convict him of murder two or manslaughter. To say it one more time: the probative standard is set very high in criminal cases: the accused must be shown to be guilty beyond a reasonable doubt. Zimmerman was found to be not legally responsible and so not subject to any legal sanctions.
What's more, the judgment was correct. To be found not guilty is not the same as to be not guilty –remember the O. J. Simpson case — but in the Zimmerman case he was not only found not guilty, but in reality is not guilty, as any objective observer should be able to see.
But suppose you disagree with the last thing I said, namely, that Zimmerman is not guilty of the crimes with which he was charged. Still, that doesn't matter for practical purposes. The jury has spoken and we all must accept the result, just as we must in the Simpson case.
The result, again, is that Zimmerman is not legally responsible for Martin's death. I conjecture that Morgan cannot grasp this because he fails to distinguish causal from legal responsibility.
Does Zimmerman bear any moral responsibility for Martin's death? Some will say that he does and some that he doesn't. But it doesn't matter for practical purposes. All that matters is that Zimmerman was acquitted in a fair trial.
It is worth saying again that the purpose of a criminal trial is not to secure justice for the victim. If that were the purpose, every such trial would have to end in a 'guilty' verdict. The sole purpose of a criminal trial is to secure justice for the accused. Nobody can be made to 'pay' for Martin's death since the only person who could is not guilty of any wrongdoing. Zimmerman was merely defending himself against a deadly attack. If anyone is to blame for Martin's death, it is Martin himself for attacking Zimmerman.
In case you missed it last night, here is Larry Elder attempting to pound some sense into the the benighted Piers Morgan.
One of my persistent themes is that conservatives must not talk like liberals, thereby acquiescing in the linguistic hijacking that liberals routinely practice, and putting themselves at a disadvantage in the process. Conservatives must insist on standard English and refuse to validate the Left's question-begging epithets. Only the foolish conservative repeats such words and phrases as 'homophobe,' 'Islamophobe,' and 'social justice.'
For example, if you employ 'homophobe' and cognates, then you are acquiescing in the false notion that opposition to homosexual practices (which is consistent with respecting homosexual people) is grounded in an irrational fear, when the opposition is not based in fear, let alone in an irrational fear.
So I was slightly annoyed to see that Peter Wehner in a recent otherwise excellent Commentary piece used 'racial profiling.' I've heard other conservatives use it as well.
As I argued yesterday, there is no such thing as racial profiling. Now I add the following.
Why say that Trayvon Martin was racially profiled by Zimmerman when you could just as well say that he was gender profiled or age profiled or behavior profiled? Old black females walking down the street are not a problem. But young black males cutting across yards peering into windows can be a big problem.
Zimmerman profiled Martin for sure, and he was justified in doing so. We all profile all the time. But he didn't racially profile him any more than he age or gender or behaviorally or sartorially profiled him. (Martin wore a 'hoodie' and he had the hood pulled up thereby hiding part of his face.)
As I said yesterday,
Race is an element in a profile; it cannot be a profile. A profile cannot consist of just one characteristic. I can profile you, but it makes no sense racially to profile you. Apparel is an element in a profile; it cannot be a profile. I can profile you, but it makes no sense sartorially to profile you.
[. . .]
There is no such thing as racial profiling. The phrase is pure obfuscation manufactured by liberals to forward their destructive agenda. The leftist script requires that race be injected into everything. Hence 'profiling' becomes 'racial profiling.' If you are a conservative and you use the phrase, you are foolish, as foolish as if you were to use the phrase 'social justice.' Social justice is not justice. But that's a separate post.
I saw Mr. Blow and his lovely wife on TV last night. A charming couple. I mean that sincerely. But when I read his columns I am reminded that we live in the Age of Feeling, as Dennis Prager calls it. There is no thinking in Blow's op-ed pieces for The New York Times, only emoting. Add 'Blow' to the list of aptronyms. His latest is The Whole System Failed Trayvon Martin. I was tempted to sort through the nonsense it contains, but thought better of it. Time is short and some writings are beneath refutation.
Blow has a skull full of mush, but at least he is articulate. The real problems of the black community lie much deeper, not in any systemic or institutional racism — the imputation of which to our great country is just slanderous nonsense — but in a culture that produces people like Rachel Jeantel who belong to a seemingly unassimilable indigenous subculture. A fellow blogger points to the genetic factors involved, remarking that the culture that produces a Jeantel is itself produced by Jeantels. I responded that the genetics are given, while the social and cultural factors are malleable. I don't want to believe that a person like her cannot be taught to read, write, and speak basic English.
And while we are on the topic of Ms. Jeantel, she explains here that Zimmi simply failed to appreciate the cultural context in which he was being "whoop-assed." How insensitive of him! Had he been able properly to contextualize the beat-down, he surely would not have 'smoked' the poor boy.
One of the tactics of leftists is to manipulate and misuse language for their own purposes. Thus they make up words and phrases and hijack existing ones. 'Racial profiling' is an example of the former. It is a meaningless phrase apart from its use as a semantic bludgeon. Race is an element in a profile; it cannot be a profile. A profile cannot consist of just one characteristic. I can profile you, but it makes no sense racially to profile you. Apparel is an element in a profile; it cannot be a profile. I can profile you, but it makes no sense sartorially to profile you.
Let's think about this.
I profile you if I subsume you under a profile. A profile is a list of several descriptors. You fit the profile if you satisfy all or most of the descriptors. Here is an example of a profile:
1. Race: black 2. Age: 16-21 years 3. Sex: male 4. Apparel: wearing a hoodie, with the hood pulled up over the head 5. Demeanor: sullen, alienated 6. Behavior: walking aimlessly, trespassing, cutting across yards, looking into windows and garages, hostile and disrespectful when questioned; uses racial epithets such as 'creepy-assed cracker.' 7. Physical condition: robust, muscular 8. Location: place where numerous burglaries and home invasions had occurred, the perpetrators being black 9. Resident status: not a resident.
Now suppose I spot someone who fits the above profile. Would I have reason to be suspicious of him? Of course. But that's not my point. My point is that I have not racially profiled the individual; I have profiled him, with race being one element in the profile.
Blacks are more criminally prone than whites.* But that fact means little by itself. It becomes important only in conjunction with the other characteristics. An 80-year-old black female is no threat to anyone. But someone who fits all or most of the above descriptors is someone I am justified in being suspicious of.
There is no such thing as racial profiling. The phrase is pure obfuscation manufactured by liberals to forward their destructive agenda. The leftist script requires that race be injected into everything. Hence 'profiling' becomes 'racial profiling.' If you are a conservative and you use the phrase, you are foolish, as foolish as if you were to use the phrase 'social justice.' Social justice is not justice. But that's a separate post.
Addendum. There is also the liberal-left tendency to drop qualifiers. Thus 'male' in 'male chauvinism' is dropped, and 'chauvinism' comes to mean male chauvinism, which is precisely what it doesn't mean. So one can expect the following to happen. 'Racial' in 'racial profiling' will be dropped, and 'profiling' will come to mean racial profiling, which, in reality, means nothing.
Any candid debate on race and criminality in this country would have to start with the fact that blacks commit an astoundingly disproportionate number of crimes. African-Americans constitute about 13% of the population, yet between 1976 and 2005 blacks committed more than half of all murders in the U.S. The black arrest rate for most offenses—including robbery, aggravated assault and property crimes—is typically two to three times their representation in the population. [. . .]
"High rates of black violence in the late twentieth century are a matter of historical fact, not bigoted imagination," wrote the late Harvard Law professor William Stuntz in "The Collapse of American Criminal Justice." "The trends reached their peak not in the land of Jim Crow but in the more civilized North, and not in the age of segregation but in the decades that saw the rise of civil rights for African Americans—and of African American control of city governments."
The significance of the Zimmerman trial is that it is emblematic of the deep and ever-deepening racial divide in this country despite the successes of the civil rights movement of the '50s and '60s and the increasing participation of blacks in all institutions of our society, a participation culminating in the election of a black president in 2008 and his re-election in 2012. Deeper than the racial divide, however, is the left-right divide with the latter fueling the former. I call it 'planetary' because it is as if conservatives and leftists have no common ground and inhabit different planets.
Let's look at two examples.
On Sunday morning, in a short post entitled Justice Denied, Robert Paul Wolff writes, "I awoke this morning to learn that the Florida jury acquitted George Zimmerman. Is there anyone on the face of the earth who believes that, had the race of Zimmerman and Martin been reversed, the verdict would have been the same?"
Despite the foolishness of what he posted on Sunday morning, Professor Wolff is not some two-bit cyberpunk with a blog. I used to have a high opinion of him, on the basis of two books of his I read. One of them is The Autonomy of Reason: A Commentary on Kant's Groundwork of the Metaphysics of Morals (Harper & Row, 1973). The flyleaf of my copy bears the annotation, "I first read this book in the fall of 1980. It is an excellent study!" I was teaching a graduate seminar on Kant and found Wolff's book extremely useful. The other book I have read is his In Defense of Anarchism which I also found impressive. In November of 2009 I wrote three long entries about the anarchism book. They can be found in my Anarchism category.
Now in what sense was justice denied? The state's case against Zimmerman was so weak as to be nonexistent. So justice was served by his acquittal. Had Zimmerman been found guilty of second-degree murder, that would have been the height of injustice. That ought to be perfectly obvious to anyone who followed the trial. So justice was not denied to Zimmerman. He was justly treated.
If Wolff means anything, he means that justice was denied to Trayvon Martin. But if that is what he means, then he doesn't understand the purpose of a criminal trial. The purpose of a criminal proceeding is not to secure justice for the victim. If that were the purpose, then every defendant would have to be found guilty. For in every acquittal there is no justice for the victim, or victims as in the O. J. Simpson case.
A criminal trial can issue in the correct result whether or not justice is achieved for the victim. If the correct result is an acquittal, then of course there is no justice for the victim in that trial. But if the correct result is a conviction, then there is, per accidens, justice for the victim in that trial. The main point, however, is that a criminal trial is not about seeking justice for the victim, but about making sure that the accused is not wrongly convicted.
The glory of our system of justice is the (defeasible) presumption of innocence: the accused is presumed innocent until proven guilty. This presumption of innocence puts the burden of proof in a criminal trial where it belongs, on the state. The prosecution must prove that the defendant is guilty beyond a reasonable doubt; the defense is under no obligation to prove that the defendant is innocent. In a criminal proceeding all the defense has to do is raise a reasonable doubt as to the guilt of the accused.
It is of course deeply unfortunate that Trayvon Martin died young of a gunshot wound. But he brought about that result himself by recklessly attacking a man who then, naturally, defended himself against Martin's deadly attack using deadly force. Zimmerman did nothing legally impermissible.
I wonder if Wolff thinks that Martin would have received justice if Zimmerman had been wrongly convicted. I hope not. Again, the crucial point here is that the purpose of a murder trial is not to secure justice for the victim, but to see if the accused is first of all a killer, and then whether he is a murderer. There is no doubt that Zimmerman killed Martin. The question is whether or not the killing was legally justifiable. And indeed it was found to be legally justifiable.
If Zimmerman had been black and Martin Hispanic would the verdict have been the same? Yes. Why not? O. J. Simpson is black and the two people he slaughtered (Ron Goldman and Nicole Brown Simpson) were white, and yet O. J. was acquitted.
My second example is Roger L. Simon. He thinks, as I do, that Zimmerman should never have been charged. But he goes a step further when he writes:
Congratulations to the jury for not acceding to this tremendous pressure and delivering the only conceivable honest verdict. This case should never have been brought to trial. It was, quite literally, the first American Stalinist “show trial.” There was, virtually, no evidence to convict George Zimmerman. It was a great day for justice that this travesty was finally brought to a halt.
We all know Al Sharpton, the execrable race baiter of Tawana Brawley and Crown Heights, agitated publicly for this trial more than anyone else. But he most likely would not have succeeded had it not been for Obama’s tacit support. As far as I know this is unprecedented in our history (a president involving himself in a trial of this nature).
Looks like we have a nice little 'conversation' about race going here. Too bad the conversants live on different planets.
I know you've been following this case. I must say I'm impressed by the outcome. Even though I believed that Z's account of the events was consistent and that the prosecution's case was incredibly weak, I was expecting the all-female jury to cave in to the pressure and declare him guilty or, at least, to come back with a lesser charge.
MavPhil: That's what I was expecting: a cave-in by the female jurors and a manslaughter conviction. So I was extremely pleased that justice was done. The state had no case whatsoever as became very clear early on from the testimony of the state's own witnesses. Objectively speaking, it was all over after John Good's cross-examination by the magnificent Mark O'Mara. He impressed the hell out of me: calm, clear, respectful, logical, thorough, low-keyed, bluster-free. A patient, relentless, digger for the truth. Good was impressive as well. That segment of the trial made me very proud of our system.
Zimmerman should not have been charged in the first place, and initially he wasn't. It was only after the race-baiters got wind of the story that local law enforcement buckled under national pressure. Among the race-baiters was our very own hopelessly inept president, Barack Obama, with his irresponsible remark to the effect that if he had a son, he would look like Trayvon Martin. Here again we have Obama meddling in a local matter just as he did before about four summers ago in the Henry Gates affair.
So was the trial about race or not?
Objectively, the case had nothing to do with race. Objectively, the case was about the use of deadly force to repel an attack of deadly force. A very fit young man physically assaults an obese, out-of-shape older man. The older guy ends up on the ground with the younger guy on top of him doing the 'pound and ground,' slamming the older man's head into the pavement and telling him that tonight he will die. Now is it legally permissible to use deadly force in a situation like this, a situation in which one is about to be killed or suffer grave bodily harm? Yes, the law allows the use of deadly force in such a situation. Note that we are not talking about morality here, but about legality. Whatever one's moral intuitions or moral theories, there is a hard fact about what the law permits, and that is not in dispute. The only question is whether on that particular evening George Zimmerman was indeed fighting for his life.
The defense team made a very strong case that he was on the bottom fighting for his life against the strapping youth who thought of him as a "creepy-ass cracker." The defense didn't have to make that strong case; all it had to do was show that the above was a likely scenario in order to raise a reasonable doubt about Zimmerman's guilt. In a criminal proceeding the probative standard is set very high, and rightly so. The accused is presumed innocent and the burden of proof rests on the prosecution to show that the accused is guilty of the crime charged beyond a reasonable doubt. But the defense succeeded in doing both: it showed that Zimmerman was not guilty beyond a reasonable doubt and, as O'Mara remarked after the trial, it proved that he was innocent.
So, objectively, the case had nothing to do with race. The racial veneer was superadded by the race-baiters of the Left so that they could use this trial to further their own political agenda. Among the race-baiters are the editors at the New York Times who decided that Zimmerman was a 'white Hispanic.' They would never refer to Obama as a white black even though he is half-white and half-black. They applied the 'white Hispanic' appellation in order to inject race into a non-racial case. If both parties to the dispute were black or both Hispanic we wouldn't have heard about it. Meanwhile, blacks are killing blacks in record numbers in Chicago and other places.
The Left is raging at the moment. They say young blacks aren't safe anymore. But, were they before this single incident? I haven't heard a single word about the dozens of young blacks who are murdered by other blacks every year. All I hear is a lot of moralizing about poverty, racism and gun legislation from upper-middle class people who live in 95% white communities and have never seen a gun in their lives.
I think it's something else. Maybe it's the realization that they're not so powerful. That their enormous govt.-approved media campaign to portray this as a racially motivated murder of a kid was not enough convince a jury of six women (which, by the way, included a black hispanic lady). That they could not only notice the absence of racist armed vigilantes on the hunt and young harmless children walking home, but also act accordingly. Maybe it's too much for them, even after six years of getting everything they wanted.
MavPhil: I basically agree with you. Let the leftist loons rage. It is music to my ears and blog-fodder for my blog. We conservatives are going to have a lot of fun exposing their contemptible lies and inanities.
. . . I have had a strained relationship with a long-time black friend who really thinks that opposition to Barack Obama is racially based. Beyond the personal level, I despise the tactic of dividing people in this country and capitalizing on the fact that some people love to nurture grievances derived from vicarious experiences. It always been a goal of the Left to make people hate not only their countries but their whole civilization. After all, how can you get someone to kill his father unless can get that man first to hate his father?
Well Tom, perhaps you ought to drop this guy as a friend. How can you be friends with someone who willfully believes something so plainly false, not to mention divisive and deeply offensive to those who have argued carefully and dispassionately against Obama's policies?
Anyone who thinks that opposition to Obama's policies derives from racial animus is delusional, on this point if not in general.
But assuming you value or need his friendship, then perhaps you ought to sit your friend down and very gently explain to him the distinction between a person and the policies he advocates. Explain that we conservatives are opposed to the policies of Obama, not the man. While we are not happy that a leftist is in the White House, we are very happy that a black man is there even though he is only half-black: it gives the lie to the oft-repeated leftist slander that the U. S. is institutionally racist.
But I predict that you will not get anywhere with your friend, not because he is black, but because he is a liberal.
You're right: the grievances many blacks love to nurture derive from vicarious experiences. They themselves have not experienced slavery or even Jim Crow. On the contrary, they have profited from the wonderful opportunities this country offers. But, having listened to race-baiters such as Brother Jesse and Brother Al, they think that the way forward for them is the via negativa of grievance-mongering when the latter is one of the marks of a loser and is sure to make them worse off than they are now.
The race-baiting, delusional Left is completely out of control in this country as witness the Zimmerman prosecution, the Paula Deen shakedown, and the mindless uproar over the SCOTUS decision to strike down Article Four of the 1965 Voting Act.
Curious how so-called 'progressives' are stuck in the past, as if Jim Crow still exists.
I am listening to Dennis Prager. According to Prager, Harry Truman once wrote on a postcard "I am now in kike town." And then Prager went on to make the correct observation that quoting a person's use of a word is not to use that word oneself.
Philosophers distinguish between use and mention. It is one thing to use a word to refer to a thing or a person; it is another thing to mention the word. One can quote someone's use of the word 'kike' without calling anyone a kike. Someone who grasps the distinction should not be squeamish about writing out the word 'kike' as I have just done. What's more, no one one I am aware of is squeamish in that way.
But people routinely speak of the N-word. They won't write out 'nigger,' but they will write out 'kike,' 'cracker,' ''wop,' 'guinea,' 'dago,' 'greaseball' . . . Why the double standard?
'Kike' and 'nigger' differ in that the first is monosyllabic while the second is disyllabic. I am talking about the words. 'Kike' and 'nigger' are not persons. No person is monosyllabic or disyllabic.
Make the distinction and avoid the double standard.
Would anything be left of the Left if leftists were forced to disembarrass themselves of their manifold double standards? (That is what we call a rhetorical question.)
These days I have been pinching myself a lot to see if I have been dreaming: such is the lunatic course of events in this country. Here are a couple of posts on the latest outburst of liberal-left race insanity. Perhaps later I'll throw in my two cents.
Makes sense, right? Certain conservative individuals and groups have been harassed by the Internal Revenue Service for their political views. The IRS is a a branch of the U. S. government whose president is Barack Obama, a man who is half-black and half-white, and therefore black. Those who criticize the targeting of conservatives by the IRS are criticizing the president. But to criticize a black president for anything is racist. It is the equivalent of applying 'nigger' to him. Therefore 'IRS' is a conservative 'dog whistle' for 'nigger.'
Thus 'reasons' the liberal.
Am I using 'nigger' or mentioning it? The latter. It is an important distinction. Philosophers are careful to observe it. It is one thing to use a word to refer to someone or something, and quite another to talk about, or mention, the word. Boston is a city; 'Boston' is not: no word is a city. 'Boston' is disyllabic; Boston is not: no city is composed of two syllables. Same with 'nigger.' It's a disyllabic word, an offensive word, a word that a decent person does not use. I am not using it; I am mentioning it, talking about it to make a serious point.
Those who refuse to write out 'nigger' but have no qualms about other such offensive epithets as 'kike' employ a double standard. It is also ironic that one should be squeamish about writing out 'nigger' when one has no qualms about slandering conservatives in the most malevolent and scurrilous ways.