Originally Posted By reuters


Interactive: Explore upcoming U.S. Supreme Court cases

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Originally Posted By shortformblog


Meet the president before George Washington
John Hanson didn’t get the props his successor did. But for eight years, Hanson led the Continental Congress — the organization that led the United States in the days before the Constitution was hashed out. Hanson didn’t have the executive powers of the leaders who followed him, but he took his job quite seriously. “The load of business which I have very unwillingly and very imprudently taken on me I am afraid will be more than my constitution will be able to bear,” he wrote to his son-in-law days before he took power. Ultimately, the Articles of Confederation, which gave him his position, proved to be too weak for the job, so the founding documents got rebooted — and Hanson didn’t receive much more than a footnote in the history books. It’s such a small footnote, however, that there have been rumors on the Interwebs that he was actually the first black president (he wasn’t, it was a case of mistaken identity). But for one day, let’s honor this guy and remember him as the Atari 2600 to the Nintendo Entertainment System that eventually became the engine for this country.

A very happy Presidents Day to America’s least known executive!

Meet the president before George Washington

John Hanson didn’t get the props his successor did. But for eight years, Hanson led the Continental Congress — the organization that led the United States in the days before the Constitution was hashed out. Hanson didn’t have the executive powers of the leaders who followed him, but he took his job quite seriously. “The load of business which I have very unwillingly and very imprudently taken on me I am afraid will be more than my constitution will be able to bear,” he wrote to his son-in-law days before he took power. Ultimately, the Articles of Confederation, which gave him his position, proved to be too weak for the job, so the founding documents got rebooted — and Hanson didn’t receive much more than a footnote in the history books. It’s such a small footnote, however, that there have been rumors on the Interwebs that he was actually the first black president (he wasn’t, it was a case of mistaken identity). But for one day, let’s honor this guy and remember him as the Atari 2600 to the Nintendo Entertainment System that eventually became the engine for this country.

A very happy Presidents Day to America’s least known executive!

(via shortformblog)

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Serious Biblical Interpretation

One further word on the post I published this morning about whether or not the Bible necessarily regards conception as the beginning of human life, which has garnered a fair amount of attention. A number of people have pointed out that the English translation of the passage from Exodus, which the author I quoted doesn’t provide, says that there is no punishment to be meted out if the striken woman gives birth prematurely.

When it comes to this particular passage, the author I quoted thinks that miscarriage is an appropriate translation of the Hebrew; many Christians today — especially evangelicals, it seems — believe that premature birth is more appropriate.

This, I suppose, is where knowing Hebrew helps a bit because the English translation could refer to healthy premature birth … or to miscarriage. Like the author I quoted, I believe that miscarriage is more appropriate. Here’s why:

In the Hebrew, the word employed in this passage in Exodus is יצא, which means “went out.” The much more common word, in Hebrew, would be ילד, which means “bore,” “begat,” or “gave birth.”

Now, יצא is used in other birth stories in the Torah — such as in Genesis 25:25 and Genesis 38:28. In both of those instances, however, the mother is giving birth to twins and it’s important to know which one came out first in order to establish the birthright. In pretty much every other instance of birth in the Torah, ילד is the word that’s used.

If the author(s) meant to use the word that signified a healthy birth in Exodus 21:22-25, why not use ילד … unless a healthy (albeit premature) birth was not the intent of the author(s)?

Having said all of this, I should point out that I’m not a rabbi. But I do happen to know a dozen or so, and some of them occasionally read this blog. Perhaps they’ll weigh in too.

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Inside #Politics

Back in May 2011, I wrote a post that complained about the sad state of the Tumblr Politics tag; I wrote another in July 2011 because I thought there ought to be somewhere to feature more global political content. There’s been a whole lot more written about the tag over the past few days, largely because of one editor’s behavior, but I’ve avoided wading back in because a) I’d already expressed my thoughts and b) my readership outside of Tumblr is significant and has absolutely no use for such posts.

But now it seems there’s been a major shake-up, all of the tag’s editors have been thanked for their service … and I’ve been made an editor myself.

Despite my complaints about the tag, I should note that the idea of the Tumblr tags is certainly not in and of itself a bad idea; indeed, it could be a very good idea. As I wrote almost a year ago now:

For my part, I generally like the idea of tags. A good tag, used well, could foster a sense of community for people from very different backgrounds who all share a common interest. Indeed, I think they can provide a way to find new and interesting material to read and also introduce people to new authors they wouldn’t otherwise have found. I’ve begun to follow the Tumblr blogs of several people entirely as a result of the Politics tag; I also recognize that I’ve benefitted from the tag, as a few editors have chosen to feature my writing there with some regularity.

Looking at the new group of editors, I see some friends that I’ve made entirely from interacting via Tumblr (like Squashed and PoliticalProf, whose secret identities I promise only to reveal for a tidy sum) and even one of my real-life students, Justin Green (which means that the number of Politics editors from Nebraska is shockingly disproportionate; expect a lot of promoted content about corn, cattle, and the “I-Option” offense).

Of course, I’m also a bit sad that some of my other friends are no longer editing the tag. I think Ilya Gerner, Jeff Miller, Torie DeGhett, and Naum Trifanoff did some great work, all while a whole lot of people were yelling at them. I’m also sad to note that amongst the new slate of editors, you won’t find people of color, women, or anyone who lives outside the United States; I think that’s a very serious omission by the Tumblr staff, especially given the amount and the quality of political blogging on the Tumblr platform by people of color, women and non-Americans. There’s also not much ideological diversity. Say what you will about the previous slate of editors, at least you always knew you’d get a healthy dose of the Mises Institute with your morning coffee.

But here’s what I’ll say about my upcoming run as an editor:

I have the ability to promote up to ten posts each day. I’ll be looking to promote original content, reasoned argumentation, and a genuine mix of material from across the ideological spectrum; I also tend to like posts about human rights and posts about parts of world beyond America’s borders. You will always know that I promoted a particular post because I’ll “Like” it right before or right after I promote it. Some days, I’ll use all ten of my promotions and some days I won’t. I have a full-time job as a professor of political science and I have a family that I like very much … so you can be sure that I’ll miss some interesting posts that I would have ordinarily promoted.

Admittedly, I don’t follow very many Tumblr blogs because I like to read all of the things that are written by the people I follow, but I’m always open to suggestions for new blogs I really ought to be reading. Indeed, I’m very happy to hear from you about the workings of the tag, about the posts I’ve promoted, or with suggestions for things I ought to promote. Feel free to let me know about posts that you’ve written, so long as they conform to the standards I set out in the previous paragraph; I promise I’ll take a look as soon as I can. Use the Ask or the Fan Mail feature, send me a tweet, or find me on Facebook; I’m generally pretty accessible and, so long as you’re polite, very happy to hear from you.

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“Tehran denies any involvement and accused Israel of attacking its own embassies as part of a “psychological war” against Iran.”

In class yesterday, I came up with what I thought was the zaniest possible conspiracy theory about the recent bombings in India, Georgia, and elsewhere … only to have a student immediately point out that the Iranian government was way ahead of me.

(Source: blogs.voanews.com)

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This report by Matthew Lee about Shavendra Silva, a Sri Lankan war criminal who has now become an advisor on peacekeeping to UN Secretary General Ban Ki-moon is worth your six minutes this morning.

There has been very little press on Silva — or the massacres in Sri Lanka in 2009, really — but, as Lee argues, this move into the UN peacekeeping apparatus by a war criminal who is specifically named in a UN report brings the idea of impunity to a whole new level.

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In this short clip, Shadi Hamid and Gregory Gause agree that it’s not anyone’s place to tell Islamists to respect women’s rights. I suspect that this point about women’s rights will be regarded as off-putting by a whole bunch of people. It came across that way to me.

That said, this point is part of a larger discussion about the difference between democracy and liberalism, in which the Hamid and Gause do a nice job of highlighting a point I frequently raise in my classes. Simply put, democracy is a great good but democracy by itself certainly doesn’t guarantee a liberal outcome. The distinction between liberalism and democracy is a big, important one and it comes up all the time when I talk about human rights because, if we care a whole lot about human rights then we might be concerned about illiberal democratic outcomes.

Relatedly, as a piece in The Economist pointed out just last week, “Of the seven countries that impose the death penalty for homosexuality, all are Muslim. Even when gays do not face execution, persecution is endemic.” I’m someone who’d like to see substantial liberalization on this issue and a host of others — both in Islamic societies and also here in the U.S. — and so I worry about the effect of democracy in the absence of liberalism.

Hamid and Gause seem content to approve of democracy, irrespective of what the people democratically choose. For me, the story is a whole lot more complex. I want to argue that choosing one’s own government is a human right, but I’m opposed to seeing that right put to use to then squelch others’ rights. This won’t be particularly surprising to anyone who has read my first book or who reads this blog: I’m a political liberal who believes that we ought to work at every opportunity to minimize human suffering by expanding respect for the idea of human rights.

So I’m in the somewhat precarious position of wanting people to be able to vote, but also wanting to push — at least to some extent — liberalism on them (in effect constraining their choices). What I mean is that I’m not going to argue that you can’t vote for the things you want; I’m simply going to try to get you to change your mind about what you want. This is a form of imperialism, I suppose, but I’ll hope that it’s seen as a soft one.

Richard Rorty, who never really seemed to shy away from ethnocentrism in arguing for changing the hearts of those who abuse human rights and those who don’t do anything about such abuse, puts it this way:

The right way to take the slogan ‘We have obligations to human beings simply as such’ is as a means of reminding ourselves to keep trying to expand our sense of ‘us’ as far as we can. That slogan urges us to extrapolate further in the direction set by certain events in the past – the inclusion among ‘us’ of the family in the next cave, then of the tribe across the river, then of the tribal confederation beyond the mountains, then of the unbelievers beyond the seas (and, perhaps last of all, of the menials who, all this time, have been doing our dirty work). This is a process which we should try to keep going. We should stay on the lookout for marginalized people – people who we still instinctively think of as ‘they’ rather than ‘us.’ We should try to notice our similarities with them. The right way to construe the slogan is as urging us to create a more expansive sense of solidarity than we presently have. The wrong way is to think of it as urging us to recognize such a solidarity, as something that exists antecedently to our recognition of it. For then we leave ourselves open to the pointlessly skeptical question ‘Is this solidarity real?’

This is the way I tend to think about human rights, at least when I think about it theoretically rather than thinking about international law and organizations. And it’s undoubtedly because I think of human rights in this way that I raise the issue about liberalism and democracy. It’s not sufficient, to my mind, to say that democracy is a great good and then not to think about the effects of all that voting on individuals and groups, especially those that have traditionally been targeted for abuse.

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Originally Posted By azspot
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The Law Is The Law

In response to my post this morning about the Dutch reporters who stand accused of violating the privacy of a Nazi war criminal by secretly taping an interview with him, my friend the Political Prof argues:

Looks like an illegal taping case, and while it’s probably stupid for the prosecutors to care, the law, as they say, is the law. Even for war criminals.

I think I want to push all of my chips in on this one and say that a fugitive from justice, one who has committed terrible atrocities, doesn’t get to make an argument about his privacy when he finally gets caught.

Before we proceed, I should say that I’m not in favor of stripping the war criminal of all of his rights. I think he should get a speedy and fair trial, he should be provided a lawyer if he needs one, he shouldn’t be eligible for the death penalty, he shouldn’t be abused while in custody, and so on. I even think that an illegally obtained recording should be inadmissible in court proceedings against him.

But using that recording to find and document that the old man in the nursing home is, indeed, the same fugitive war criminal who was convicted in absentia decades earlier after multiple failed extradition attempts … well … I don’t think I see that as an invasion of his privacy. After all, he’s already been convicted; he simply fled from justice and has been in hiding all this time.

The war criminal was under no obligation to speak to the reporters — who identified themselves as reporters at the outset — and was certainly under no obligation to disclose information about himself and his crimes. That said, it’s important to note that a) Germany has very strict laws about privacy and illicit recordings, and b) the Dutch journalists claimed that they were unaware that German laws differed from Dutch laws. “[U]nlike in the Netherlands, journalistic research in Germany does not take precedence over the right to privacy when no new information is revealed.”

That said, the case against the journalists has been dismissed.

And here’s what I think is the most interesting take-away:

The Association of German Journalists welcomed the end of the trial but said it would have preferred if the court had ruled that “investigating Nazi atrocities has priority over the right to privacy of the perpetrator”.

Those German journalists are right. As I wrote this morning, allowing war criminals — especially ones who have already been convicted and have freely confessed their crimes — to hide behind privacy laws amounts to “a right to act with impunity, which is completely nonsensical.”

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Hypocrisy or Heuristics?

What follows is a guest blog post, written by Carly M. Jacobsa Ph.D. student in Political Science at the University of Nebraska-Lincoln. Her research interests include group identity, political psychology, biology and politics, and political behavior.

 Accusations of hypocrisy are standard  ammunition for liberals and conservatives  alike. After all, what could be more  damning than pointing out that support  for any particular policy hinges solely on  the partisan affiliation of the sitting  president? From a purely political  standpoint, this sort of changeability can  be maddening and more than a bit  disheartening, as expressed by Greenwald  and Kohen. But, if we take a step back and  look at the situation in the context of  basic human predispositions, I would argue that this irksome hypocrisy is simply a byproduct of ordinary psychology.

 In an ideal world, progressives, for example, would be able to look at the policies of the Obama administration, evaluate their content, recognize that those policies are incongruent with their preferences (just like they were when implemented by George W. Bush), and oppose them accordingly. More generally, humans would be what social scientists call “Bayesian updaters,” adjusting our attitudes and beliefs in accordance with the credibility of each piece of incoming information. As usual, however, the reality falls far short of normative perfection. Our brains simply don’t work that way.

A considerable body of research in both psychology and political science supports the notion that we are not neutral receivers of information. Our standing attitudes and predispositions exert a considerable amount of influence on how we grapple with and process input from the political environment. For example, political scientists are now finding compelling evidence that factors as fundamental as our genetics and physiology (e.g. non-conscious bodily reactions to environmental stimuli) produce marked variation in the way we encounter, and interact with, the world.[1] At a base level, we find that conservatives tend to be more attentive and responsive to things that have aversive or negative content while liberals tend to focus on more appetitive or positive stimuli.[2] These tendencies underlie the consistent ideological differences in political attitudes and preferences we see and may explain why those differences often seem irreconcilable.

Looking at the discussion between Kohen and Greenwald, it appears to be an example of cognitive information-processing issues examined thoroughly by Taber and Lodge, among other political psychologists: confirmation and disconfirmation biases.[3] When confronted with information that matches up with our pre-existing attitudes and beliefs, we accept it without much extra thought or criticism. When we encounter information that is incongruent, however, we spend a good deal more time and effort arguing against it or may reject it out-of-hand. We also know that source matters a great deal—who or where the information is coming from serves as a cue for whether we should to accept, reject, or spend time thinking about what it is that they’re saying, regardless of the actual content.[4],[5]

Roll these biases together and you come up with something that may look a lot like hypocrisy. Progressives receive a lot of ideologically congruent information from the Obama administration and are therefore inclined to give it an easy pass right out of the gate. They are also likely to view the administration as a reliable source of accurate information and are far more likely to give Obama the benefit of the doubt than his predecessor, even if the information coming in is the same.

Importantly, vulnerability to this uneven treatment of information is widespread—it is not exclusive to liberals or conservatives. As such, it is absolutely unsurprising to see finger-pointing, on both sides of the ideological spectrum, at inconsistencies akin to the ones Greenwald discusses.

Ultimately, whether we’re dealing with hypocrisy or heuristic, the larger concern we have to contend with is the effect of this widespread information-processing bias on our democratic processes. It undoubtedly has some fairly profound implications. We already have evidence that people reliably seek out news and information from sources that align with their personal political beliefs, rejecting information from sources they perceive to be ideologically opposed to their point of view. Taber and Lodge find a connection between these biases and political polarization.[6] A promising new research endeavor by Wagner, Theiss-Morse, and Mitchell focuses on the fact that our political discourse has far exceeded disagreement and escalated to the full-fledged vilification of the “other side.”[7]

Kohen is right on the money when he notes that we’re dealing with “ordinary Americans who are faced with unfolding events and who are balancing some things they believe against other things they believe, sometimes more and sometimes less successfully.” Perhaps this is wishful thinking but, if we can be aware that what looks like “repulsive hypocrisy” is actually built into human nature, we can approach political disagreements with a bit more perspective and recognize when our own positions are more a product of basic brain behavior than critical thinking.



[1] Smith, K.B., Oxley, D.R., Hibbing, M.V., Alford, J.R. & Hibbing, J.R. (2011) Linking genetics and Political Attitudes: Reconceptualizing Political Ideology. Political Psychology 32(3): 369-97.

[2] Dodd, M.D., Balzer, A., Jacobs, C.M., Gruszczynski, M.W., Smith K.B., & Hibbing, J.R. (2012) The political left rolls with the good and the political right confronts the bad: connecting physiology and cognition to preferences. Philosophical Transactions of the Royal Society-B 367(1589): 640-49.

[3] Taber, C.S. & Lodge, M. (2006) Motivated Skepticism in the Evaluation of Political Beliefs. American Journal of Political Science 50(3) 755-69.

[4] Turner, J. (2007) The Messenger Overwhelming the Message: Ideological Cues and Perceptions of Bias in Television News. Political Behavior 29(4): 441-64.

[5] Nicholson, S.P. (2012) Polarizing Cues. American Journal of Political Science 56(1): 52-66.

[6] Taber and Lodge 2006

[7] Department of Political Science, University of Nebraska-Lincoln.

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When Rights Conflict

In light of the discussion occasioned of yesteday’s post about why it seems Rick Santorum doesn’t understand rights, I thought I might say just a little bit more. In particular, it’s important to note that Santorum isn’t alone when it comes to misunderstanding what the language of rights actually means.

I’m reminded of the beginning of Mary Ann Glendon’s book Rights Talk from the early 1990s, in which she highlights the idiosyncratic way that Americans think about their rights and what it does to political discourse:

Consider the lively discussions that took place in the wake of the Supreme Court’s first controversial flag-burning decision in June 1989. On the day after the Court ruled that burning the American flag was a form of expression protected by the First Amendment to the Constitution, the Today show invited a spokeman for the American Legion to explain his organization’s discontent with that decision. Jane Pauley asked her guest what the flag meant to the nation’s veterans. He gave a standard reply: “The flag is the symbol of our country, the land of the free and the home of the brave.” Jane was not satisfied. “What exactly does it symbolize?” she wanted to know. The legionnaire seemed exasperated in the way people sometimes get when they feel there are certain things that should not have to be explained. The answer he came up with was, “It stands for the fact that this is a country where we have the right to do what we want.” Of course he could not really have meant to espouse a principle that would have sanctioned the very act he despised. Given time for thought, he almost certainly would not have expressed himself in that way. His spontaneous response, however, illustrates our tendency, when we grope in public settings for the words to express strong feelings about political issues, to resort to the language of rights.

[…]

To speak in this careless fashion is not without consequences; in fact, it sets us up to fail twice over—first, by cheapening or betraying our own meaning (The flag “stands for the fact that this is a country where we have the right to do what we want”), and second, by foreclosing further communication with those whose points of view differ from our own. For, in its simple American form, the language of rights is the language of no compromise. The winner takes all and the loser has to get out of town. The conversation is over.

In the case of California’s Prop 8, Santorum felt that Californians have the right to vote for a discriminatory ballot initiative because he happens to agree with it. On the flip side, he feels that other Californians have no right to be treated equally — in this particular case, they have no right to get married — because he doesn’t believe that they are equal.

This baffling position nicely mirrors the flag burning discussion from Glendon’s book. What underlies it is the very obvious point — though not so obvious to everyone, it seems — that rights often come into conflict. To pretend that they don’t and to use the language of rights as a bludgeon is to entirely discount the rights of others, to ignore the complexity of living in a pluralistic society, and to presume that one’s own beliefs and preferences are always going to be held by a majority.

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