We can’t help it, we’re human, we necessarily have worldviews. Everybody does. The Resistance does too, rough hewn, in the aggregate, and tacit as it may be. Now it is time to take a look squarely at the Resistance’s main object of concern: Humanity itself. The Resistance declares itself “inclusive” and it hates “exclusion.” Its vision and its concern encompass all of humanity. But not all “humanisms” are created equal. But what is sauce for the goose is sauce for the gander. Who is to say that Resistance humanism is unquestionable?
Recently, Amsterdam’s city council forbade the use of the locution “Ladies and Gentlemen” within its halls and precincts. This was not in the interests of strict accuracy: Many women, after all, are not ladies, and many men are not gentlemen. Rather, it was to avoid upsetting those who considered themselves neither male nor female, or considered themselves both.
Needless to say, no evidence that the locution caused any widespread distress, let alone harm, needed to be adduced. The prohibition was an exercise in power not an expression of sensitivity. It was a Lilliputian step in the creation of a vast empire of virtue, or supposed virtue, in which the rulers will enjoy simultaneously the awareness of their own goodness and the pleasures of bullying others.
Obviously, the story that the media have been strongly supportive of Hillary Clinton and strongly critical of Donald Trump is a classic example of a “dog bites man” story. This preference for Democrats over Republicans has been true for at least the last 40 years in which I have been following these matters, although it seems stronger now than it used to be. What is interesting (although not exactly new) is that emails are being released about this corruption and the lack of shame about or consequence for these actions. Consider the most recent release. The Bill Clinton – Loretta…
Relations with Russia may or may not be, as the President said, at an “all-time and very dangerous low”—the Cuban Missile Crisis called and wants its ominous superlatives back—but the good news is that constitutional conflict is at a recent high. Congress is acting as independently as it has in a long time, including periods of split partisan control.
What prompts a man to change his mind on a serious matter after 35 years, and should the reversal be met with pride (for eventually getting it right), or chagrin (for taking so long)? For reasons of vanity, I’m going to take a positive tack and choose the former.
“Wisdom,” Felix Frankfurter once remarked, “too often never comes, so one ought not to reject it merely because it comes late.” Allow me to explain.
A new use for a still relatively new gene-editing technique is creating quite a stir. Through it, writes Melissa Healy of the Los Angeles Times, “scientists have rid human embryos of a mutation that causes an inherited form of heart disease often deadly to healthy young athletes and adults in their prime.”
The breakthrough here may be as much on the moral as on the technical front. “For the first time in the U.S.,” writes Amy Dockser Marcus in the Wall Street Journal, “researchers said they had edited viable human embryos to correct a disease-causing defect, avoiding problems that plagued previous efforts and stoking concerns that advances in the lab are outpacing public discussion about the ethics of gene editing.”
Justice Ruth Bader Ginsburg recently noted that she sometimes refrained from dissenting in the cases she regarded as less important like tax disputes and saved her dissents for the big ones like those on gender equality. Unlike some of her other obviously injudicious remarks, her opinion on this matter may be widely shared among judges. When I asked a friend who had become a federal appellate judge what most surprised him, he said it was norm among his colleagues to suppress written dissent in all but important cases. He was troubled by the practice but felt pressure to conform.
My friend is right to feel uneasy. It is a bad practice. First, it smacks of judicial hubris. It is often difficult to be sure how important a decision will be in the long run.. The fabric of the law is complex. For instance, the development of minor exceptions to a doctrine can eventually lead to pressure for its overthrow. Even cases that are minor to Supreme Court justices can have large ripple effects.
In a first installment (“Resistance, in the light of 1776”), following the lead of Pierre Manent, the Resistance came to sight as a way of looking at things characterized by 1) a binary view of legitimate and illegitimate views (in keeping with Hilary Clinton’s “racist, sexist, homophobic, xenophobic, Islamophobic – you name it” litany); 2) a quasi-religious cast (“political orthodoxy” and “heresy,” observed Manent); and 3) a novel form of democracy characterized by terms such as “diversity,” “multiculturalism,” and “inclusion,” but with its own blind spots and exclusions. As I put it: it is “rather exclusive in its inclusivity and monolithic in its view of diversity.”
Detroit, the new film from Oscar-winning director Kathryn Bigelow (2009’s The Hurt Locker), is actually three films. The first is a documentary-style dramatization of racial tensions in Detroit in 1967 that led to riots and fatalities. The second film is a horror movie in the style of The Texas Chainsaw Massacre (1974). The third film is a standard courtroom drama.
Unfortunately, Detroit, which is powerful for its first half hour, sinks under the weight of those
Who is the human person and has modern philosophy given us a truncated understanding of the person? Those are some of the questions put to philosopher David Walsh as we discuss his latest book, Politics of the Person as the Politics of Being, in this edition of Liberty Law Talk.