Free Speech and the First Amendment

The free speech clause of the First Amendment to the United States Constitution protects the citizen's right to free expression from infringement by the government, not from infringement by any old entity.  My home is my castle; you have no First Amendment rights here, or at my cyber-castle, my weblog. So it is no violation of your First Amendment rights if I order you off of my property because of your offensive speech or block you from leaving stupid or vile comments at my website. It is impossible in principle for me to violate your First Amendment rights: I am not the government or an agent thereof.  And the same holds at your (private) place of work: you have no First Amendment rights there.

The Right to an Opinion

The right to express an opinion does not absolve one of the obligation to do one's level best to form correct opinions.  Note however that the legal (and moral) right to free speech guaranteed  to the American citizen by the First Amendment of the U. S. Constitution remains even if one shirks one's moral (but not legal) obligation to do one's best to form correct opinions.  

Walter Morris: Bourgeois Bohemian

Walter Morris may count as an early bourgeois bohemian, a 'BoBo' to adopt and adapt a coinage of David Brooks.  Morris is an exceedingly obscure diarist, known only to a few, but a kindred spirit. An e-mail from a distant relative of his caused me to dip again into the stimulating waters of his journal.

I have already presented his thoughts on solitude.  That post also provided some information on the man and his writings. What follows is part of an entry from 8 February 1947. (Notebook 2: Black River, limited edition, mimeographed, Englewood NJ, 1949. It contains journal entries from 25 June 1942 to 3 August 1947.)

The Bohemian way of living has its points, but I am unable to appreciate Bohemia at full tilt. I have never had it that way and, except for a very youthful period, I have never much wanted it that way. I like cleanliness of body and living quarters, not a fanatical 100% cleanliness, not a sterile and perfect order, but such cleanliness as is compatible with normal comfortable living. I dislike messy emotional relationships and all kinds of exhibitionism. I dislike vomiting drunks, people with the monkey on their backs, flaunting homosexuality, financial dishonesty, irresponsibility, and puerile minds posing as advanced and liberated. This is the measure of my Respectability and middle-classness. Otherwise — in being devoted to my own pattern, in quietly ignoring some White Cows instead of ostentatiously mounting a rebellion — I don't mind at all being called Bohemian. Our family dish, as a matter of [f]act, could stand a dash of that kind of sauce. (p. 206)

I recall a quotation from Gustave Flaubert along similar lines: "Be regular and orderly in your life like a bourgeois, so that you may be violent and original in your work."

You Want Anti-Government? I’ll Give You Anti-Government!

Contrary to the willful  misrepresentations of contemporary liberals, leftists to be precise, conservatives are not anti-government.  To oppose big government is not to oppose government.  The following passage from Pierre-Joseph Proudhon's General Idea of the Revolution in the Nineteenth Century (1851),  conveys a genuine anti-government point of view, one that I share, and one that is the opposite of the one contemporary Democrats are aiming to impose upon us.  The following passage is surprisingly prescient now that Sino-surveillance is upon us and will only get worse.  Needless to say, I do not hold that government must of necessity fit Proudhon's description: there is such a thing as limited government.

To be governed is to be kept in sight, inspected, spied upon, directed, law-driven, numbered, enrolled, indoctrinated, preached at, controlled, estimated, valued, censured, commanded, by creatures who have neither the right, nor the wisdom, nor the virtue to do so…. To be governed is to be at every operation, at every transaction, noted, registered, enrolled, taxed, stamped, measured, numbered, assessed, licensed, authorized, admonished, forbidden, reformed, corrected, punished. It is, under the pretext of public utility, and in the name of the general interest, to be placed under contribution, trained, ransomed, exploited, monopolized, extorted, squeezed, mystified, robbed; then, at the slightest resistance, the first word of complaint, to be repressed, fined, despised, harassed, tracked, abused, clubbed, disarmed, choked, imprisoned, judged, condemned, shot, deported, sacrificed, sold, betrayed; and, to crown all, mocked, ridiculed, outraged, dishonored. That is government; that is its justice; that is its morality.

ProudhonOf course, I don't accept that property is theft. On the contrary! Private property is the foundation of individual liberty.  The problem with private property is not that it is private, but that too few own too little and in a way that is protected from criminal and governmental seizure.  That is why firearms are the most important private property. You can't eat, wear (though you can bear), or live in a gun, but guns are the means for the maintenance of  ownership of the aforementioned.

F. H. Bradley on the Non-Intentionality of Pleasure and Pain

This is a re-do of a post from 13 April 2009. The addenda are new.

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I have argued at length for the non-intentionality of some conscious states.  Here is an entry that features an uncommonly good comment thread. None of the opposing comments made on the various posts inclined me to modify my view.   I was especially pleased recently to stumble upon a passage by the great F. H. Bradley in support of the non-intentionality of some experiences.  Please note that the intentionality of  my being PLEASED to find the supporting Bradley passage has no tendency to show that PLEASURE is an intentional state, as 'pleasure' is used below by Bradley.  No doubt one can be pleased by such-and-such or pained at this-or-that, but these facts are consistent with there being non-intentional pleasures and pains.  The passage infra is from Bradley's magisterial "Pleasure for Pleasure's Sake" (Ethical Studies (Selected Essays), LLA, 1951, p. 37, bolding added):

Pleasure and pain are feelings and they are nothing but feelings. It would perhaps be right to call them the two simple modes of self-feeling; but we are not here concerned with psychological accuracy. The point which we wish to emphasize and which we think is not doubtful is that, considered psychically, they are nothing whatever but states of the feeling self. This means that they exist in me only as long as I feel them, and only as I feel them, that beyond this they have no reference to anything else, no validity and no meaning whatsoever. They are 'subjective' because they neither have, nor pretend to, reality beyond this or that subject. They are as they are felt to be, but they tell us nothing. In one word, they have no content; they are as states of us, but they have nothing for us.

How do I know that Bradley is right?  By doing a little phenomenology.  Right now I am stretching my back in consequence of which I am experiencing a pleasant kinaesthetic sensation.  At the same time I am gazing out my window at a blooming palo verde tree.  Both the kinaesthetic sensation and the gazing are 'states of me' to adapt a Bradleyan phrase, but only the second 'has anything for me,' i.e., presents an object, pretends to a reality beyond the subject, intends or means something, takes an accusative, has an intentional object, possesses a content, refers beyond itself — pick your favorite phraseology.  The second 'state of me' is object-directed; the first is not. Either you 'see' (with the mind's eye) the distinction between the seeing of the tree (using the eyes in your head) and the feeling of the sensation, or you do not.  No amount of argument or dialectic can make you 'see.'  At most, argument and dialectic can remove impediments to 'seeing.'  And if there were no 'seeing,' how could there be arguments?  Arguments need premises, and not all premises can be the conclusions of arguments.

ADDENDA (11 December 2020)

1) The issue is whether Franz Brentano was right to maintain that intentionality is the mark of the mental, and that therefore  every mental state is object-directed.  I have long held, probably under the influence of Edmund Husserl (Logical Investigations, vol. II, tr. J. N. Findlay, Humanities Press, 1970, 572 ff.) that this is not right, that there are mental states that are not object-directed. From the entry referenced above:

Inter faeces et urinam nascimur

Recalling our miserably indigent origin in the the wombs of our mothers and the subsequent helplessness of infancy, how did we get to be so arrogant and self-important? We criticize and condemn one another hurling epithets and anathemas. How did we get to be so harsh and judgmental?

In a line often (mis)attributed to Augustine, but apparently from Bernard of Clairvaux, Inter faeces et urinam nascimur: "We are born between feces and urine." 

So inauspicious a beginning for so proud a strut upon life's stage.

Compensations of Old Age

Philosophers in dialogueYou now have money enough and you now have time. The time left is shrinking, but it is your own. There is little left to prove. What needed proving has been proven by now or will forever remain unproved. And now it doesn't much matter one way or the other.

You are free to be yourself and live beyond comparisons with others. You can enjoy the social without being oppressed by it. You understand the child's fathership of the man, and in some measure are able to undo it. You have survived those who would define you, and now you define yourself. And all of this without rancor or resentment. Defiant self-assertion gives way to benign indifference, Angst to Gelassenheit:

     Brief light's made briefer
     'Neath the leaden vault of care
     Better to accept the sinecure
     Of untroubled Being-there.

You now enjoy the benefits of a thick skin or else it was never in the cards that you should develop one. You have been inoculated by experience against the illusions of life. You know that the Rousseauan transports induced by a chance encounter with a charming member of the opposite sex do not presage the presence of the Absolute in human form. Less likely to be made a fool of in love, you are more likely to see sisters and brothers in sexual others.

Grim ReaperThe Grim Reaper is gaining on you but you now realize that he is Janus-faced: he is also a Benign Releaser. Your life is mostly over, but what the past lacks in presentness it gains in length and necessity. What you had, though logically contingent, now glistens in the light of that medieval modality necessitas per accidens: it is all there, accessible to memory as long as memory holds out, and no one can take it from you.

 

JanusWhat is over is over, but it has been. The country of the past is a realm of being inacccessible except to memory but in compensation unalterable.  Kierkegaard's fiftieth year never was, yours was. Better has-been than never-was. Not much by way of compensation, perhaps, but one takes what one can get.

You know your own character by now and can take satisfaction in possessing a good one if that is what experienced has disclosed.

Hospitals and Torture Chambers

We are strangely, insanely, conflicted.  We care lovingly, or at least dutifully, for the sick, the injured, and the dying. But we also torture people to death in ways that inspire envy in demons. The belief that humans are inherently good is one of the deepest of human delusions. Paradoxically, those who succumb to it excel in the theory and practice of hell, to borrow a title from Eugen Kogon's unforgettable book.

Limited government and checks and balances across the board help keep power dispersed, the power that goes to the head and makes of the half-way decent moral monsters. Prospects for limited government, however, are themselves  limited in a high-tech surveillance society in which soft totalitarianism can be expected to give way to the good old-fashioned hard variety.

Freezing torture

The Source of the Normativity of the Ought-to-Be

I was working on this four years ago. It might never get finished. So here it is.

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Is there any justification for talk of the ought-to-be in cases where they are not cases of the ought-to-do?  If so, what is the source of their normativity?  I am led to pose this question by my current study of Philippa Foot's meta-ethical treatise, Natural Goodness (Oxford UP, 2001).  If I understand her scheme, all normativity has its source in life, in living things, which would imply that in a lifeless world there are no states of affairs that ought to be or ought not to be.   

The Ought-to-Do and the Ought-to-Be

Let's begin by noting that if I ought to do X (pay my debts, feed my kids, honor my commitments, keep my hands off my neighbor's wife, etc.) then my doing X ought to be. For example, given that I ought to pay my debts, then my paying a certain debt on a certain date is a state of affairs that ought to be, ought to exist, ought to obtain. So it is not as if the ought-to-do and the ought-to-be form disjoint classes. For every act X that an agent A ought to do, there is a state of affairs, A's doing X, that ought to be, and a state of affairs, A's failing to do X, that ought not be. The ought-to-do, therefore, is a  special case of the  ought-to-be.

My question, however, is whether there are states of affairs that ought to be even in situations in which there are no finite moral agents with power sufficient to bring them about, and states of affairs that ought not be even in situations in which there are no finite moral agents with power sufficient to prevent them. In other words, are there non-agential oughts-to-be? 

It may not be possible to prove definitively that there are non-agential oughts, but their postulation is in line with ordinary ways of thinking and talking and there seem to be no decisive arguments against their postulation.

Consider a possible world W in which there are no moral agents, but there are sentient beings who are in a constant state of pain from which they cannot free themselves. It seems both meaningful and reasonable to say that W ought not exist, that its nonexistence is an axiological requirement. And this quite apart from the power of any agent to actualize or prevent such a world. One simply intuits the disvalue of such a world. One might express the intuition in the words, ‘Such a world ought not be.’ Non-agential oughts are axiologically required, while non-agential oughts-not are axiologically prohibited.

Or consider our world, the actual world, with its nature red in tooth and claw, a world in which life lives at the expense of life. It is filled with vast quantities of natural and moral evil. Assume that naturalism is true, that there is no God or afterlife, and that the evils of this world will forever go unredeemed. If may be false, but it is meaningful to say that it would be better if this world did not exist, that it ought never to have existed. The metaphysical pessimist may be wrong, but he is not talking nonsense when he exclaims, "Better some other world or even nothing at all rather than this sorry state of things!" On the other hand, there are those who are struck by the sheer existence of things and are moved to exclaim, "It is good that there is something rather than nothing!" Such optimists are not talking nonsense when they say that things are as they ought to be even in the absence of any agent or agents who are responsible for things being as they are.

The sense of these exclamations does not seem to depend on the existence of moral agents with power sufficient to bring about or prevent the mentioned states of affairs. That something rather than nothing exists could be good even if it is no one's duty to bring it about and no one's responsibility if it obtains. That a world of uncompensated and unalleviated misery is bad does not depend on some free agent's moral failure. 

Does it make sense, and is it true, to say things like 'There ought to be no natural disasters' or 'There ought to be morally perfect people'?

Perhaps the following examples are clearer.  Imagine a pessimist who makes the following two-fold declaration: "In a possible world in which there are no sentient beings, things are as they ought to be, and in the actual world in which there are sentient beings, things are not as they ought to be."  He might also say, "A lifeless world is better than one containing living things."  The pessimist Schopenhauer declares that "Human life must be some sort of mistake."  That implies that a world without human beings is better than one with them.

On the optimist side, there are those who exclaim that it is good to be alive, that living as such is a good thing, or even that existence as such, whether living or nonliving, is good.  (For Thomas Aquinas, 'a being' and 'a good thing' are necessarily equivalent or 'convertible' terms: ens et bonum convertuntur.)

Suppose it it good that things exist. It would seem to follow  that the existence of thing is as it ought to be.  What makes this state of affairs good or such that it ought to be.  That things exist is a fact.  That things ought exist goes beyond the fact.

Facebook

That's where the MavPhil political punch-back is these days until such time as I am de-platformed for my quotidian violation of 'community standards.'

I will consider your 'friend' request if I can see from your page that you have the Right stuff.

Conspiracy Theories?

The Language Nazi doesn't much cotton to the loose lingo that leftists love.

Hillary spoke of a "vast right wing conspiracy" directed against her husband.  Maybe that's where the linguistic mischief started. How can a conspiracy be vast and composed of half the population?

A conspiracy is a clandestine agreement among a small group of people to achieve a nefarious end, typically by means of treason or treachery. The members of a conspiracy are called conspirators. They meet in secret and in small numbers.   Hillary's abuse of English is plain: conservatives do not form a secret organization; they are not few in number; and their opposition to Bill Clinton and his policies was not nefarious, treasonous, or treacherous. 

A conspiracy theory alleges that a conspiracy is under way or has occurred to bring about some event. An example is the theory that 9/11 was an 'inside job.' Some conspiracy theories  are true, and some false; some are well-supported by evidence, others are not.  None of the 9/11 conspiracy theories are well- supported in my opinion. But that in not the present point. The present point is that it is a mistake to assume that every conspiracy theory is false or baseless.

It is also a mistake to refer to any theory or any  bit of groundless speculation as a conspiracy theory.   Not every theory is a conspiracy theory.  A conspiracy theory alleges a conspiracy where 'conspiracy' is  defined as above.

Finally, it is a mistake to oppose theories to facts, as if no theory can be true. 

Kant on Capital Punishment

Justice demands capital punishment in certain cases, and it doesn't matter what it costs, or whether there is any benefit to society, or even whether there is any society to benefit. Recall Kant's last man scenario from Metaphysics of Morals, Part II (emphasis added):

[6] But whoever has committed murder, must die. There is, in this case, no juridical substitute or surrogate, that can be given or taken for the satisfaction of justice. There is no likeness or proportion between life, however painful, and death; and therefore there is no equality between the crime of murder and the retaliation of it but what is judicially accomplished by the execution of the criminal. His death, however, must be kept free from all maltreatment that would make the humanity suffering in his person loathsome or abominable. Even if a civil society resolved to dissolve itself with the consent of all its members–as might be supposed in the case of a people inhabiting an island resolving to separate and scatter themselves throughout the whole world–the last murderer lying in prison ought to be executed before the resolution was carried out. This ought to be done in order that every one may realize the desert of his deeds, and that blood-guiltiness may not remain upon the people; for otherwise they might all be regarded as participators in the murder as a public violation of justice.

Kant's view in this passage is that capital punishment of murderers is not just morally permissible, but morally obligatory. (Note that whatever is morally obligatory is morally permissible, though not conversely, and that 'morally justified' just means 'morally permissible.')

Here is an interesting question. The U. S Constitution grants a near-plenary power of pardon to the president. (Here I go again, alliterating.) Does this extend to convicted mass murderers such as Timothy McVeigh? If yes, then Kant would not be pleased. The president would be violating the demands of retributive justice! This of course is a secular analog of the old theological problem of justice and mercy.

Memo to self: bone up on this!  See what Carl Schmitt has to say about it specifically. Cf. his Political Theology: Four Chapters on the Concept of Sovereignty, University of Chicago Press, 1985, p. 56:

All significant concepts of the modern theory of the state are secularized theological concepts not only because of their historical development—in which they were transferred from theology to the theory of the state, whereby, for example, the omnipotent God became the omnipotent lawgiver—but also because of their systematic structure, the recognition of which is necessary for a sociological consideration of these concepts. The exception in jurisprudence is analogous to the miracle in theology. 

Identity Politics as a Deformation of Christianity

This First Things article by Joshua Mitchell is well worth reading. Excerpts:

Marxism could never take hold in America because Americans believed in private property. Because property is the cornerstone of our republic, and cannot be removed, Marxism failed. Postmodernism could never really take hold in America because Americans believe that history has a meaning—and even that America has a special place in history. The reason identity politics has taken hold is because Americans suffer deep and abiding guilt, from two main sources: Christianity itself, and the legacy of slavery in this country. What the left could not do through Marxism or postmodernism, it now is doing through identity politics—namely, undermining every institution and every venerable historical memory in America.

[. . .]

Donald Trump was someone who, literally, could not exist in the world identity politics constructs. That is why the left needed “Russian collusion” to explain his election in 2016. Russian collusion was the deus ex machina that made it possible for Trump to infiltrate their world. The left had to destroy Trump if identity politics was to continue its reign of perverted righteousness. Many of us saw that clearly. That is why we voted for him. We wanted to contribute to the end of its reign.

[. . .]

Identity politics is a profound deformation of Christianity, a ghastly and crippled derivative that seeks the redemption of the world through the scapegoating of one group by another. For the moment, it has in its sights heterosexual white males. It will not stop there. White women will be next; followed, I suggest, by “heteronormative” black men. Like all revolutionary movements, it will eventually come for its early proponents, in a final reign of terror.

How does the current terror end? The identity politics reign of righteousness will end when we return to the orthodox Christian understanding that only the divine scapegoat, Christ, can take away the sins of the world. That insight once transformed the world. It can do so again.

There is a competing view of how we got into the present identity-political mess, and what the solution is. On this alternative Right view, to which I do not subscribe, it is not a deformation of Christianity that lead us to the present pass, but Christianity itself. I now hand off to Matthew Rose:

There is no better introduction to alt-right theory than his [Alain de Benoist's] 1981 work On Being a Pagan. Its tone is serene, but its message is militant. Benoist argues that the West must choose between two warring visions of human life: biblical monotheism and paganism. Benoist is a modern-day Celsus. Like his second-century predecessor, he writes to reawaken Europeans to their ancient faith. Paganism’s central claim is simple: that the world is holy and eternal. “Far from desacralizing the world,” Benoist tells us, paganism “sacralizes it in the literal sense of the word, since it regards the world as sacred.” Paganism is also a humanism. It recognizes man, the highest expression of nature, as the sole measure of the divine. God does not therefore create men; men make gods, which “exist” as ideal models that their creators strive to equal. “Man shares in the divine every time he surpasses himself,” Benoist writes, “every time he attains the boundaries of his best and strongest aspects.”

Benoist’s case against Christianity is that it forbids the expression of this “Faustian” vitality. It does so by placing the ultimate source of truth outside of humanity, in an otherworldly realm to which we must be subservient. In his Church Dogmatics, Karl Barth notoriously described Christian revelation as the “abolition” of natural religion. Benoist is a Barthian, if selectively. He accuses Christianity of crippling our most noble impulses. Christianity makes us strangers in our own skin, conning us into distrusting our strongest intuitions. We naturally respect beauty, health, and power, Benoist observes, but Christianity teaches us to revere the deformed, sick, and weak instead. “Paganism does not reproach Christianity for defending the weak,” he explains. “It reproaches [Christianity] for exalting them in their weakness and viewing it as a sign of their election and their title to glory.”

Benoist’s theology is in the service of a political warning, and it is this, more than his Nietzschean posturing, that attracts the alt-right. Christianity is unable to protect European peoples and their cultures. Under Christianity, the West lives under a kind of double imprisonment. It exists under the power of a foreign religion and an alien deity. Christianity is not our religion. It thereby foments “nihilism.” The allegation is explosive. Benoist means that Christianity renders Western culture morally lethargic and culturally defenseless. Most perniciously, its universalism poisons our attachments to particular loyalties and ties. “If all men are brothers,” Benoist claims, “then no one can truly be a brother.” Politics depends on the recognition of both outsiders and enemies, yet the Christian Church sees all people as potential members, indeed potential saints.

And here we reach Benoist’s remarkable conclusion. The decadent West has never been more Christian. Christianity imparted to our culture an ethics that has mutated into what the alt-right calls “pathological altruism.” Its self-distrust, concern for victims, and fear of excluding outsiders—such values swindle Western peoples out of a preferential love for their own. Benoist’s ideas have reached the margins of American conservatism, perhaps no more noticeably than in the writings of the late Sam Francis. A former contributor to leading conservative publications, his thinking took a late turn toward what we would now call the alt-right. “Christianity today is the enemy of the West and the race that created it,” he announced in an influential 2001 article. Francis’s essay was a lament as much as a protest (he was received into the Church on his deathbed), but his work is receiving a new hearing.

 

Divine Simplicity and Incarnation

This from a reader:

Jordan Daniel Wood . . . affirms that God does not have possibilities within himself to actualize and thus the Incarnation—God becoming a human being—must in some way [be] actual prior to its historical event; God does not become a human being but in some way already is a human being . . . .

Very interesting.

The simple God is actus purus. Purely actual, he embodies no unrealized powers or unactualized potentialities.  He is, eternally, all that he can be.  We think of the Incarnation, however, as a contingent event.  In the patois of 'possible worlds':  The triune God exists in all metaphysically possible worlds, but the Second Person of the Trinity becomes human in only some of them. The following argument suggests itself:

1) The Word became flesh and dwellt among us.

2) The Word's becoming flesh is a contingent event.

3) There is no contingency and no becoming in any of the three divine persons: the Word cannot become flesh, that is, assume human nature.

Therefore

4) The Word (Logos, Second Person) had a divine and human nature from all eternity.

How could a classical Christian trinitarian theist rebut this argument? (Part of being a classical Christian theist is accepting the divine simplicity.)