Towards the end of a criminal trial in which a law partner of mine was defense counsel, he was approached by a journalist from a German newspaper who had been observing the trial. She asked him why American criminal justice was so ferocious towards defendants. The question is a good one. Our system is, in fact, anti-defendant to a degree perhaps unique in the civilized world. The German journalist’s question highlights a great divide in perception, for if you raised the subject of criminal justice with a random citizen of the United States, the question you might hear would be: “When are the courts going to close the loopholes and stop being revolving doors for criminals?”
Sunday, September 27, 2020
The Ferocity of U.S. Criminal Justice
Tuesday, July 7, 2020
When a Catholic Archbishop Declared Birth Control to be Worse than Abortion
"Heinous is the sin committed against the creative act of
God, who through the marriage contract invites man and woman to co-operate with
him in the propagation of the human family.To take life after its inception is
a horrible crime; but to prevent human life that the Creator is about to bring
into being is satanic. In the first instance, the body is killed, while the
soul lives on; in the latter, not only a body, but an immortal soul is denied
existence in time and in eternity." Archbishop
Hayes of New York Christmas Pastoral,
1921. (Hayes was later made a cardinal.)
This is a departure from the usual "It's unnatural!" condemnation of birth control, and implies that on any occasion in which the contracting marriage partners elect not to have sex when they would have conceived, they have forever denied existence to a soul and have committed a satanic sin, worse than abortion. Inasmuch as those born out of wedlock also have souls, any random pair that could conceive but declines to have sex would be chargeable by the soul precluded from existence with the same satanic wrong.
Monday, May 25, 2020
The Anti-Christian Nazis of "The Man in the High Castle"
The Man in the High Castle series by Amazon shows
the Nazis, in their control of eastern North America and in their influence in
the mountains neutral zone, to be decidedly hostile to the Christian religion. The Bible is banned. So far as I recall, there was no evidence of (above
ground) churches, and in a late episode, we see a snatch of ritual of the Reich
sponsored religion, apparently a marriage of fascism with ancient German
mythology. Think swastikas, dirndls and lots of blond pigtails.
The implicit claim of the series, that Nazism was
“godless” is historically inaccurate and politically dangerous. This sort of
revisionism is particularly attractive to the right wing, especially the far
right wing. The not so hidden message is: “There is no reason to be afraid of
political movements just because they are nationalist, racist, and bind the
state to capital, subjugating the employed classes. That isn’t what made Nazism
bad; all the really bad stuff came from the fact that they were atheists.” For
example, Dinesh DeSousa includes Hitler among the “atheist tyrants,” Hitler
becomes a card carrying atheist, as if he were Madalyn Murray O'Hair or Ayn
Rand.
Sunday, April 19, 2020
Russian Doll: Time, Many Worlds, and Computer Simulations
For the first episodes, the Netflix series Russian Doll seems to be a darker
reworking of Groundhog Day. Fatal
accidents on the night of or day after Nadia’s 36th birthday party
keep bringing her back to the bathroom sink in the party apartment during the
festivities. Nadia retains her memory of all the repeats, and the memories
cumulate in an orderly fashion, e.g. she does not on loop 2 have memories of
loop 1 and on loop one have memories of loop 2. So it is possible to regard
each loop as having its own local time, embedded in order in a super-time
experienced only by Nadia. This far we are within the Groundhog temporal metaphysics.
Saturday, April 11, 2020
The Many World Metaphysics of "The Man in the High Castle"
The Amazon series in which the Axis powers won the Second
World War is based on the premise that things might not have turned out with
North America split between a Greater Nazi Reich in the east and the Japanese
Pacific States, a largely lawless Rocky Mountain area separating the two. It is
not too hard for us to imagine at least one war outcome different from this.
The metaphysics of the series has it that both these
possible worlds are actual, as are others, and that information transfer and
human travel among them are possible. The political and human consequences of interacting
worlds fuel much of the drama of the series. I am going to put aside world
politics, fascism, terrorism, life, death and the longings of the human soul to
focus, instead, on what I am sure got the audience clicking into episode after
episode: the metaphysics of plural worlds.
Saturday, March 21, 2020
It Is Impossible to Maximize Good Consequences.
In my last post I argued that utility monsters, genocide of the less
happy, and barely happy multitudes raise problems for the maximization clause
of the fundamental definitions of consequentialism. Looking again to those
definitions, as standardly propounded, I am going to argue that it is impossible
to maximize good consequences – even in the unlikely event that a coherent
account can be given of the choice alternatives and their consequences.
Wednesday, March 18, 2020
The Consequences for Consequentialism of Utility Monsters and Barely Happy Multitudes
The fundamental definition of maximizing consequentialism is
that the objectively right action is the action, among available alternatives,
that maximizes net good consequences. Do barely happy multitudes and utility
monsters mean that consequentialism so understood cannot provide the
fundamental guiding principle of morality?
Thursday, January 9, 2020
The Value of Beauty Never Seen
G.E. Moore was the Professor of
Philosophy at Cambridge in the early twentieth century when Cambridge was the
center of the philosophical universe. Fellow Cantabrigians included Alfred
North Whitehead, Bertrand (the 3rd Earl of) Russell (one of only a trio of
philosopher winners of the Nobel Prize for Literature, the others being Camus
and Sartre), and Ludwig Wittgenstein, later Moore’s successor in the
Professorship.
The Moore thesis for today is that
it is better that a Beautiful World (hereinafter “BW”) exist, even if so
distant that no one will ever see it. In this Moore was trying to refute
ethical hedonism, as then expounded by utilitarian theorists, who claimed that
the good (what is valuable in a way relevant for morality) is exhausted by desirable
states of consciousness. Henry Sidgwick, the most prominent of these theorists,
specifically contended that there could be no value in any beauty apart from
its contemplation by conscious beings. [Methods
of Ethics, book I, ch. IX, s. IV, pr. II, p.114).]
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