Against Tu Quoque

War crimes trials often weigh on the consciences of the conscientious.  Aren’t such proceedings mere “victor’s justice”?  The hypocrisy is usually palpable; after all, how often does either side in a violent conflict walk away with clean hands?  Unsurprisingly, then, one of defendants’ favorite legal strategies is to tell their prosecutors, “Well, you guys did the same.”  It’s called the tu quoque defense:

An argument from fairness, the tu quoque argument has an enduring appeal to the human conscience. Simply put, tu quoque is the Latin rendition of “you too”, with the argument built-in, though often unstated: “Since you have committed the same crime, why are you prosecuting me?” Cast in more affirmative terms, the argument is that if one side in a conflict has committed certain crimes, it has no authority to prosecute or punish nationals of the other side for the same or closely similar crimes. Whatever effect a decision-maker may choose to give it, the argument troubles the human soul, when it is presented in a fitting situation.

To be honest, though, I have trouble seeing why this argument has any appeal, much less “enduring appeal.”

Consider: If a law is unjust, the less you enforce it, the better.  This remains true even if 99% of violators get punished, because sparing 1% is less unjust than sparing 0%.  To quote one of the best things Murray Rothbard ever said about ethics:

[T]he justice of equality of treatment depends first of all on the justice of the treatment itself. Suppose, for example, that Jones, with his retinue, proposes to enslave a group of people. Are we to maintain that “justice”  requires that each be enslaved equally? And suppose that someone has the good fortune to escape. Are we to condemn him for evading the equality of justice meted out to his fellows? It is obvious that equality of treatment is no canon of justice whatever. If a measure is unjust, then it is just that it have as little general effect as possible. Equality of unjust treatment can never be upheld as an ideal of justice.

By the same logic, if a law is just, the more you enforce it, the better.  This remains true even if 99% of violators are never punished.  Giving 1% of monsters what they deserve is less unjust than giving 0% of monsters what they deserve.  If you have the chance to inflict retribution on 1% of the camp guards at Auschwitz, why not go for it?  Sure, if you’re a war criminal yourself, we should urge you to submit to punishment as well.  If that’s not going to happen, though, why not take whatever justice you’re willing to dole out?

Justice aside, the consequentialist case against the tu quoque defense is also solid.  Since victory is never assured, it’s good for people on all sides to know, “I will be harshly punished for my war crimes… if my side loses.”  While it would be better if people knew they would be punished regardless of the outcome of the war, conditional deterrence is better than no deterrence at all.

Isn’t it possible, though, that people will commit additional war crimes to avoid prosecution for earlier war crimes?  The answer, of course, is: “Sure, it’s possible.”  Most obviously, fear of war crimes trials provides an incentive to murder witnesses ASAP.  Yet the same goes for any law.  Laws against murder create an incentive to murder people who witness your murders.  Yet this is a flimsy objection to laws against murder, because shrewd consequentialists focus on overall net effects, not worst-case scenarios.

What’s the best case against war crimes trials?  Simple: War crimes trials might delay peace – or reignite a war – and war is hell.  Indeed, war is often hellish enough to overcome the intuitive moral presumption in favor of making violent criminals suffer for their misdeeds.  When countries adopt amnesties to prevent future bloodshed, I keep my mind open.

When you firmly have the upper-hand, though, I say retribution dulce et decorum est.  Letting Soviet war criminals off the hook in 1991 was defensible, though it would have been safe and wise to permanently bar former Communist Party members from holding public office.  In 1945, though, defeated Axis war criminals were sitting ducks.  Making tens of thousands of them pay in full for their offenses would have been easy, just, and instructive.  Punishing all the war criminals on both sides would naturally have been even more just and instructive, but anything but easy.

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The Fallacy Fallacy Redux

Nobody asked but …

Just because someone argues about a thing by using a logic fallacy does not make the thing itself untrue.  In fact, citing your antagonist’s logic slip, then claiming victory thereby is just another instance of the appeal to authority.  The authority in this case are the tandem of your fallacy guru and your argumentation guru.

Firstly, you cannot “win” an argument, since an argument is a process for testing fact, not a pissing match.

Secondly, it is impossible to make a sound argument by citing a fallacy.  Such would only get you and your debate partner to a logical starting point for addressing any remaining fallacies.

Here is an example: some will insist that global warming is climate change that will come true, because … science.  But an open-ended reference to science is no different than an appeal to magic practitioners.  It is an unsupported assertion in the form of an appeal to authority.

BUT — and this is a big “but” — the fallacy makes the original assertion, that global warming is coming, neither true nor false.  There are no authorities who can know the future.

— Kilgore Forelle

 

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Morality is Based on Consent, Government is Not

At its core, morality is about consent. What is the difference between sex and rape, employment and slavery, or trade and theft? In each case, consent is what differentiates voluntary, peaceful interaction from coercion and violence.

Consent is also what is conspicuously absent from all forms of government throughout human history.

The great lie that is frequently embraced by conservatives, constitutionalists, and even some Libertarians is that the American “system” of government was once good and fair and legitimate, and that it only became problematic once it was corrupted. Nothing could be further from the truth. The U.S. federal government has, since the ratification of the constitution, been a criminal cabal, illegitimately claiming authority over the lives and property of individuals.

A simple review of the constitution will reveal this claim to be true.

Among other troubling claims, the constitution asserts that “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises…”; “To borrow Money…”; “To regulate Commerce…”; “To declare War…”

Did you consent to any of these things? Did you consent to have your property stolen, your trade regulated, money borrowed on your credit, and war declared in your name?

I certainly did not!

That the state continues to perpetrate these violative actions without your consent reveals the state to be every bit as criminal as the rapist, the slaver, and the thief.

Respect for individual consent is not only the defining component of morality, it is the key to peace and prosperity. This is equally true at every level of human existence from personal relationships to world affairs.

We understand at a fundamental and basic level that rape, slavery, and theft are wrong. These aren’t things that have to be outlawed before our consciences tell us there is a problem. Likewise, we can recognize that all violations of consent—even when they are perpetrated by the state and its enforcers—are equally problematic.

This is why a system of government can never be fixed or perfected. It is foundationally, fundamentally, and inescapably immoral for some people (even if they represent a majority or are elected by a majority) to impose their preferences on others without their consent.

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Facial Recognition Fantasy

Nobody asked but …

There is a television writers’ trick often employed to move a plot along, the fictional use of alleged facial recognition software.

I have no idea how sophisticated FR really is, but I do know that those who propound its magic have no incentive to tell us its limitations.  Just as a car salesman will romance us with purported positives all day long, while neglecting potential flaws, script writers and law enforcement officials have vested interests in our belief in the wonders of science.

The worst part is that if the insiders say some technology works, human nature is such that they are lying.  The technology is likely to be “not ready for prime time.”  If we can’t check their veracity, they can demand our faith.

— Kilgore Forelle

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An Anarchist Postive Program

Here are some things that I wrote for an episode of the Anarchy Bang podcast. The episode itself can be found online here.

Introducing An Anarchist Positive Program
Alright, enough with all the negativity, and time to get positive. Now, I know very well that we don’t want this, and we don’t want that. This is fundamentally corrupt and needs to be destroyed, and that is entirely oppressive and needs to be abolished. This is completely fucked-up and needs to be attacked, and that thing over there… well, let’s not even talk about that!

Instead, let’s get clear: what exactly is it that we DO want in terms of “anarchism” and/or “anarchy”? In other words, let’s say that all of the Big Bad Things are made to go away, through some means or another, then what exactly would our brave new anarchist world look like? What specifically would the people in an anarchist society (or “community”, or whatever) be DOING? What is our big End Goal? What’s the beautiful dream?

Back in the day, various books were written about this topic, both non-fiction such as Fields, Factories and Workshops and Bolo’bolo, and fiction such as “The Dispossessed” and “The Fifth Sacred Thing”. And of course there is the whole solarpunk phenomena that is floating around the interwebs. We can talk about these writings, if they describe the kind of anarchist world that you would like to live in. And if not, then fuck it. What’s important is your anarchist dream, your ideal world and what it would look like. Let’s go into it.

_____________________
An Anarchist Positive Program – Editorial
For me anarchism has always been a two-sided coin. There is the destructive “anti” side, the side that says that all forms of capitalism, government, hierarchy, authority, etc. should be completely destroyed ASAP. And then there is the positive side, the part that says that “another world is possible”, and that that world would look something like people coming together voluntarily as equals to cooperate, share and help each other out. My concern is that in recent years the positive side of anarchism has been overlooked, or even forgotten about, while the attack-and-destroy negative side of anarchism has become more of what people think about when they think of the big A-word.

I would like to see this change. I would like to see anarchism become more positive. Now, I know that I may sound stupid and hokey saying this, but I really do believe that positivity in some form really does serve a purpose. I believe that positivity can sustain & nourish people, that it can keep people going. And with a big social-political philosophy like anarchism, it also serves the purpose of providing a sense of direction, a way to orient yourself towards what it is that you do want, instead of just getting away from what you don’t want.

There is an Israeli anarchist guy I’ve known for a long time named Ilan Shalif who recently said this online: “If I had no vision of libertarian communist alternative for human society I would not have survived the full 82 years of my life.” Now, I am definitely not as old as he is, but I do feel the same way he does. Having a vision for what human beings are capable of, in the positive sense and on a large-scale global level, has certainly kept me going all these years that I have been alive. And with the anarchist scene being what it is these days, this positive sense of our human potential has kept me sticking with anarchism, even though there are a million and one reasons presented to me as to why I should leave it all behind.

Let me be clear here, just because human beings have the potential for great and beautiful things does not at all mean that these things will happen. Possibility does not mean inevitability. And likewise, having a wonderful vision for how human society can be does not mean that this vision will ever be realized. In some sense our visions for a future anarchist world are siblings to the fantastic worlds created in science fiction. The difference is that our anarchist visions are of worlds that we actually do believe can happen, and they are ones that we are ostensibly working to make into a reality.

So with this episode, I would like to hear what your anarchist utopia looks like. I would like to hear how your ideal society (or lack thereof) would function, what daily life would be like, how stuff would get done. Would your ideal society keep the old anarchist dream of workers’ councils, neighborhood assemblies and mandated recallable delegates within massive federation structures? Or would you go with more of a 21st century approach and make collective decisions via directly voting for things on your smartphone that is connected with a mesh network and uses heavy encryption? Or would you keep things really old school and instead have humanity be organized the way it was for most of its history, as small bands and tribes of nomadic hunter-gatherers?

Speaking for myself, the centerpiece of my ideal anarchist society would be authentic heartfelt connection between people. So my ideal anarchist world would have people taking the time and effort to be honest with themselves and those around them, really taking the time to listen to and understand those around them, and working through the conflicts and difficulties that inevitably arise in human relationships. My ideal anarchist world would then have specific times and spaces set aside for people to do this kind of messy personal/interpersonal kind of work. And then with that foundation in place, the whole gamut of non-hierarchical meeting facilitation processes and organizational systems can be utilized to help the various “councils”, “assemblies”, “tribes” and “collectives” run more smoothly and harmoniously than a group of alienated antagonistic people using Robert’s Rules of Order or Formal Consensus would ever be able to.

And then, ultimately, we would have bad-ass anarchist colonies on Mars, the asteroid belt, and the rest of the solar system. That is my dream, anyway….

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Edward Snowden: The Untold Story of How One Patriotic American Exposed NSA Surveillance

I can’t in good conscience allow the U.S. government to destroy privacy, Internet freedom, and basic liberties for people around the world with this massive surveillance machine they’re secretly building… the NSA specifically targets the communications of everyone. It ingests them by default… they are intent on making every conversation and every form of behavior in the world known to them.

-Edward Snowden

Edward Snowden might not yet be a historical figure, but he certainly is a hero. He is the whistleblower of all whistleblowers, the American who blew the lid off of Washington’s spying on private citizens. But Snowden’s leak revealed that it’s not just the U.S. government that is spying on virtually every American – big American telecommunications companies are also helping them to spy as well.

Snowden’s upbringing is largely uneventful. His maternal grandfather was a Coast Guard rear admiral and his father was also an officer in the Coast Guard. His mother was a U.S. District Court clerk. His parents divorced around the time that he would have graduated high school in 2001, but Snowden is a high school dropout. After a nine-month absence due to mononucleosis, he simply took the GED exam and then began taking community college classes. Despite a lack of a bachelor’s degree, he worked at a master’s online from the University of Liverpool.

Snowden had a keen interest in Japanese popular culture, and even worked for an anime company early on in his career.

Continue reading Edward Snowden: The Untold Story of How One Patriotic American Exposed NSA Surveillance at Ammo.com.

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