Economics, Law, Politics

“Finally, Whites Come First”

Like many white Americans, I have been pleasantly surprised by the Trump administration’s efforts to increase racial equality in the United States. After a lifetime of being denied opportunities based solely on the color of my skin, I now have a first, tentative sense of what racial justice must feel like.

To paraphrase the immortal words of Dr. Martin Luther King, Jr., “Free at last, free at last. Thank God almighty I am free at last.”

I realize my reaction may be difficult to understand for the dominant groups in the United States today, such as blacks, undocumented immigrants, gays, and Muslims. If you have never been discriminated against, it can be difficult to appreciate the ways that racial oppression distorts and limits a life.

Let me share a parable that captures my experience. It comes from the sociologist Arlie Hochschild, who spent years talking with the white victims of racial discrimination in the United States.

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Economics, Law, Philosophy, Politics, Religion, Science

Max Weber and Political Ethics

I hadn’t read anything by Max Weber until very recently, but finally made my way through “Politics as a Vocation,” his late lecture delivered shortly after the end of the First World War and the start of the German Revolution.

Weber seems to be primarily known today for several largely logically independent ideas scattered across the social sciences and humanities — especially: the idea that a Protestant work ethic played a role in the rise of capitalism, the importance of charisma to politics, the centrality of bureaucracy in the modern state, and the definition of the state as “a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory” (where “legitimate” only means “accepted as legitimate,” to the apparent consternation of many normative political theorists).

I had heard that “Politics as a Vocation,” where this definition of the state appears, was one of the places where Weber approached political theorizing, and I was predisposed to sympathize with the lecture by some positive remarks that the legal scholar Duncan Kennedy had made about Weber and the “ethic of responsibility.” I’ve also always believed that political theorists tend to pay too little attention to empirical knowledge from history and political science, so I was hopeful that a broadly historically and empirically informed social scientist like Weber might offer a valuable perspective.

To my surprise, however, the lecture as a whole turns out to be remarkably parochial, and in parts, dangerously misguided.

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Law, Philosophy, Politics

When to support a war: consequentialist + deontological justification

I’ve been meaning to write a quick post about the question of when a nation should go to war, and when it should not — and in particular, under what conditions the United States should use large-scale military force against another country. I don’t mean the question of whether a war is legal under the international humanitarian law governing jus ad bellum. I mean the question of when large-scale military engagement is a good idea, something that the public should support. It’s not inconceivable that there are situations when military force is a good idea even though the legal basis is unclear or lacking — such as Kosovo in 1999, or maybe Libya in 2011 — and there are also, certainly, situations when the legal grounds for a war exist, but going to war would be unwise — such as attacking Russia in response to its annexation of Crimea last year.

Based on the armed conflicts involving the United States during my lifetime, it sometimes seems as though the wisdom of entering or not entering an armed conflict gets determined in retrospect, based on how the war turned out — which doesn’t seem like a useful or fair standard for judging wisdom. No one seems particularly bothered about Desert Storm, looking back, although many progressives at the time (including, for example, Joe Biden) opposed military intervention. On the other hand, many people seem to feel that the United States should have intervened in Rwanda to stop the genocide, although there was no great progressive push to do so at the time. It’s hard to avoid the conclusion, looking at attitudes toward U.S. uses of force over the last few decades, that we tend to treat decisions about wars as good decisions when they turn out well, and treat them as bad decisions when they don’t. But we often can’t know in advance how a war, or the choice not to go to war, will turn out — wars are notoriously unpredictable, and often develop their own momentum, and motivations and expectations frequently change — so how are we supposed to decide what to support beforehand?

The idea I’ve been meaning to post is an answer to this question. It’s a fairly simple one, and it may already appear somewhere in the literature on just war. But I’ve never come across it before.

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Law, Politics

The Supreme Court, Backlash, and Gene Sharp

Free Photo: Separating Sections of Ice

Gene Sharp is a political scientist who wrote a celebrated handbook for carrying out a nonviolent struggle against a repressive regime, From Dictatorship to Democracy. Sharp’s work has been used by activists around the world, from the color revolutions in the former Eastern Bloc to the uprisings in the Arab Spring of 2011.

I’ve never seen anyone connect Sharp’s ideas to the role of the U.S. Supreme Court in American democracy. But it seems to me there is a connection: the importance of backlash.

Like Ghandi and Martin Luther King, Jr., before him, Sharp recognizes the importance of what he calls “political jiu-jitsu,” using nonviolent means to provoke an oppressive (and possibly violent) response from more powerful opponents — which may then cause the powerful opponents to lose support from those who object to the excessive response.

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