Tag Archives: law

Checks and balances are only as good as their enforcers

13 Sunday Apr 2025

Posted by in Confucianism, Courage, Economics, Leadership, Morality, Politics, Virtue

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When the head of state or government goes rogue, what happens next?

Consider the recent experiences of three countries where the top leader pursued an agenda far more radical than they had campaigned on, in a way that caused widespread panic. In South Korea, Yoon-Suk Yeol attempted to impose martial law, marking an attempted return to something like the country’s past military dictatorship. In the UK, Liz Truss attempted tax cuts so radical that even the business community hated them. In the US, Donald Trump is now attempting something like both: after having been blatantly caught trying to sabotage the election and encouraging a riot that sought to prevent a peaceful transfer of power, now he is not only claiming to be move toward an unconstitutional third term in office, he has also engaged in tariffs so drastic that the market’s reaction to them was even worse than to Truss’s cuts. (Trump is taking as much from the rich as much as Bernie Sanders would – just without giving any of it to the poor.)

But there is an obvious difference between the three cases: Yoon and Truss were removed from power within a few months after their drastic measures, while there is not the slightest sign of any such thing happening to Trump. And that should lead us to ask: why this difference?

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So we can all agree Obama is white, right?

15 Sunday Sep 2024

Posted by in Family, Politics, South Asia

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Not long ago, Donald Trump exercised his usual penchant for making headlines by offending people, with comments about Kamala Harris “happening to turn black” and asking “Is she Indian or is she black?” In the latter question, Trump was doing what racial questionnaires have asked us racially mixed people to do for our whole lives: “Are you [ ] Black [ ] Asian [ ] White? Pick one.” (Wizards of the Coast, meanwhile, is now proud to newly erase mixed people from a game that actually represented us back in the ’80s.)

Nothing in Trump’s remarks is welcoming to racially mixed people, of course. Most news outlets and commenters predictably responded to them with righteous indignation. And that indignation might feel affirming to me… if I thought that those outlets really were trying to acknowledge racially mixed people as racially mixed. But they don’t actually do that.

News outlets regularly describe Harris simply as black, simply as Asian, or simply as both, depending on context. In the context of Trump’s remarks, nearly every story reporting on or replying to Trump’s comments will present some variant of this claim, embedded in a subordinate clause as an obvious matter of fact: “Harris, who is both Black and Asian American…”

To which I cheerfully respond: “Yes! Like Barack Obama, who is both black and white! Right?

… right?“

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How to learn from indigenous North American philosophy

24 Sunday Sep 2023

Posted by in French Tradition, Hermeneutics, Indigenous American Thought, Metaphilosophy, Politics

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A little while ago I made it through David Graeber and David Wengrow’s ambitious The Dawn of Everything. It’s an exciting book for a variety of reasons, one of which is its approach to indigenous North American thought.

Graeber and Wengrow want us to rethink our assumptions about political philosophy, in which we assume that a centralized state is necessary to govern human affairs above a certain scale. They cite the archaeological evidence of various indigenous cultures in support for this claim. Philosophically, they turn to the ideas they attribute (circa 1700) to a Huron-Wendat leader named Kandiaronk, defending a system that avoids many features taken for granted by Europeans:

You have observed that we lack judges. What is the reason for that? Well, we never bring lawsuits against one another. And why do we never bring lawsuits? Well, because we made a decision neither to accept or make use of money. And why do we refuse to allow money into our communities? The reason is this: we are determined not to have laws – because, since the world was a world, our ancestors have been able to live contentedly without them. (Graeber and Wengrow 54)

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On getting a religious exemption

11 Sunday Sep 2022

Posted by in Indigenous American Thought, M.T.S.R., Politics

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Longtime readers will know I don’t have much patience for the concept of “religion”. I continue to endorse the various critiques I’ve made in the past: the concept of “religion” confuses more than it clarifies. And yet as it turns out, I owe the concept of “religion” a favour.

What do I mean by that? I mean that I recently got a valuable and important opportunity which I don’t think I could have undertaken if the concept of “religion” didn’t exist.

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How the Grinch found eudaimonism

27 Sunday Dec 2020

Posted by in Anger, Christianity, Confucianism, Flourishing, Friends, Human Nature, Judaism, Pleasure, Rites, Virtue, Zest

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Last week my wife and I re-watched How the Grinch Stole Christmas! – the original Chuck Jones cartoon, not the later remakes. As we talked about it, I realized that that Christmas special, and the original book, are a great depiction of eudaimonism – perhaps even in a Confucian form.

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On civic virtue and unwritten constitutions

13 Sunday Dec 2020

Posted by in Confucianism, Human Nature, Morality, Politics, Virtue

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One of the more pressing questions in political philosophy is how to prevent the arbitrary use of power. I think Thomas Hobbes and Xunzi were sadly right to diagnose an abiding darkness in human nature: left to our own devices, human beings can easily degenerate into disastrous crimes. Primatology suggests a confirmation: among our closest (or nearly closest) living relatives, the chimpanzees, a jockeying for power and status can lead to vicious rivalries and even murder – even in the idyllic situation where all their material needs are provided for. The evidence of existing human history does nothing to suggest that language or other human capacities have made us better than that.

But Hobbes, as far as I can tell, offers the worst possible solution to this problem: to concentrate power in a single sovereign person. Then that one person becomes able to tyrannize everyone else in a way completely unrestrained, just as he pleases. (It is rarely a she.) The twentieth century gives us too many chilling examples of mass murder and terror from a sovereign given arbitrary power.

A more reasonable approach to the problem asks how we can contain the dark impulses of all people – and of the sovereign leader most of all. It is likely no mystery why I’m asking this question living in 2020 in the United States.

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God’s natural law?

22 Sunday Nov 2020

Posted by in Biology, Deity, Foundations of Ethics, Islam, Metaphysics, Mu'tazila, Philosophy of Science, Roman Catholicism, Sex

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A few years ago I discussed why the debate between intellectualist and voluntarist conceptions of God (is God an intellect or a will?) was so important in the medieval Western world. (The West here includes medieval Muslims, who not only started the debate, but were often further west than the Christians – in what is now Spain and Morocco rather than France and Italy.) I followed up by speaking of the modern practical implications of this debate: how it shows up in modern conceptions of law, and democracy. I think there are also some interesting things to say about the ethical implications of the debate in its own context.

Above all, if God is taken as a supremely good being, then our conception of him is inextricable from our conceptions of goodness and morality as such – and for that matter, of how we can tell what is good. This was the context for the debates that raged in early Muslim ethics, perhaps best chronicled by George Hourani. Muslims of the time agreed that the good life should be thought of in terms of law (shari’a): the prohibitions and obligations set out by God. But how do we know what God’s law is, exactly? It depends on what God is.

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Is mindfulness meditation a problem for Christians?

29 Sunday Sep 2019

Posted by in Christianity, Early Factions, Health, M.T.S.R., Meditation, Mindfulness, Modernized Buddhism, Physical Exercise, Politics, Psychology, Self

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As mindfulness meditation practices become ever more popular and widespread, their claim to be a “non-sectarian technique” takes on progressively greater importance, just as it does with yoga. By claiming their practices to be secular techniques, teachers not only can promote the practices to adherents of Abrahamic traditions; they can also aim to avoid the legal restrictions placed on “religion” –though they can then also be taxed, and even treated as a competitive sport.

But that’s not the only problem. Continue reading →

Kant’s quantitative individualism

23 Sunday Jun 2019

Posted by in Analytic Tradition, Buddhism, Foundations of Ethics, Free Will, German Tradition, Politics, Self

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In response to my discussion a while ago of the problems between Buddhism and qualitative individualism, Patrick O’Donnell suggested that J. David Velleman’s Self to Self offered a possibility of bridging the gap between the two. My reaction was skeptical, since Velleman explicitly situates himself as a Kantian, and I have taken Kant as exactly the opposite kind of individualist, a quantitative individualist. I said as much in response, claiming that for Kant “ethically most significant about human beings are those characteristics we all share, not our differences – the right way for one person to act in a given context is broadly the right way for any other person to act in the same context.”

Patrick’s response was where the discussion got really interesting. For this is the first time I’ve seen someone question the very distinction between qualitative and quantitative individualism. Continue reading →

An invisible ideal that we cherish

14 Sunday Oct 2018

Posted by in Foundations of Ethics, M.T.S.R., Metaphilosophy, Politics, Prejudices and "Intuitions", Self, Sex, South Asia, Western Thought

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When we study non-Western cultures it is difficult to separate out the study of “philosophy” from the study of “religion”. Those of us who study the brilliant arguments of élite men are often told we should pay more attention to the lived culture, to what people there actually say and do. There are advantages and disadvantages to studying other cultures this way. But one of the things we often don’t do is turn that same gaze on our own.

What if, as philosophers in the West, we paid more attention to the ideas that actually underlie our everyday lives and cultures and arguments rather than to prestigious theories? As “religious studies” scholars do, in ways that do not and should not depend on the concept of “religion”? I think that if we approached contemporary Western philosophical culture in this way, we would discover how much of our ethical life is animated by an important ethical ideal that has not had a defender as philosophically rigorous and articulate as a Kant or a Rawls. Continue reading →