Question: Is it wrong to suggest that a crime victim should have taken greater precautions? My wife and I were discussing the recent iCloud data breach in which a hacker stole and published nude photos of hundreds of female celebrities. I made the comment that while the hacker's actions were despicable, at the same time I thought the celebrities were stupid to have trusted iCloud to protect the privacy of their photos in the first place. My wife balked at this, saying that this amounts to blaming the victim, and is no better than saying a woman who is raped was stupid for wearing a short skirt, or for drinking alcohol. But I see it as being more akin to saying a person whose bag was stolen from their car was stupid for leaving the door unlocked. Do comments of this sort really amount to 'blaming the victim'? Is it proper or improper to make such comments? Does my level of expertise or the victim's level of expertise make any difference? (As a computer engineer, I am very aware of the dangers of the cloud, whereas your average celebrity would probably be clueless about it.) Intuitively, I feel like the comments would be improper in my wife's example, proper in my example, and I'm unsure about the data breach itself. But I'm struggling to identify what the defining characteristics are for each case. What's the right approach here?
Summary: The purpose of a theory of moral responsibility is to limit moral judgments of persons to their voluntary doings, products, and qualities. However, moral judgments are not the only – or even the most common – judgments of people we commonly make. So what are the various kinds of judgments we make of other people? What are the distinctive purposes and demands of those judgments? What is the relationship between those judgments and a person's voluntary actions, outcomes, and traits? I answered these questions and more in this discussion of Chapter Four of my book, Responsibility & Luck: A Defense of Praise and Blame.
Question: Should driving drunk be illegal in a free society? Should the government of a free society forbid and punish people for activities potentially harmful to others when they've impaired their judgment via drugs or alcohol? Basically, should driving or shooting a firearm while drunk be illegal? Or should such decisions be left entirely to the discretion of private property owners? Also, given that the government owns the roads today, are laws against drunk driving unjust?
Summary: What does Thomas Nagel's control condition for moral responsibility really mean? Does it set an impossible standard? Have others noticed and capitalized on this problem? I answered these questions and more in this discussion of Chapter Three of my book, Responsibility & Luck: A Defense of Praise and Blame.
Tags: Academia, Aristotle, Common Sense, Crime, Egalitarianism, Epistemology, Ethics, Immanuel Kant, John Rawls, Justice, Law, Luck, Metaphysics, Moral Judgment, Moral Luck, Philosophy, Politics, Responsibility
Question: Does the lack of respect for rights among some Muslim immigrants justify banning all Muslim immigrants? Sometimes, I hear people say that immigrants from Muslim countries are so illiberal (in the classical sense) that they ought to banned from entering the United States and Western Europe. The anti-immigrationists say that when people from Muslim countries are allowed to reside in the West, such immigrants remain committed to political Islam, honor-kill their own daughters, rape native-born women, and plot to impose sharia law on the West through "stealth jihad." Is the illiberalism of some (or even many) Muslim immigrants grounds for limiting immigration from Muslim countries? What is the proper response to this problem?
Summary: What are some of the common proposed solutions to the problem of moral luck? How and why do they fail? I will answer these questions and more in this live discussion of Chapter Two of my book, Responsibility & Luck: A Defense of Praise and Blame.
Question: Should juries nullify bad laws by refusing to convict? Imagine a criminal case of drug possession, tax evasion, or prostitution – meaning, where the law is wrong because the outlawed activity doesn't violate rights. Should (or might) a juror concerned with individual rights refuse to find the defendant guilty? Does a juror exercise a rightful check on government power by refusing to convict? Or would acquitting the defendant be contrary to the rule of law and even anarchistic? Basically, should the juror use his own mind not merely to judge the evidence, but also to judge the morality of the law?
Summary: What is the "problem of moral luck"? Why does it matter to ethics, law, and politics? What is its connection to John Rawls' egalitarianism? Why did I choose to write my doctoral dissertation on the topic? I answered these questions and more in this live discussion of Chapter One of my book, Responsibility & Luck: A Defense of Praise and Blame.
Question: Should juries be present at trials? In fictional portrayals of trials, the jury is often told to disregard certain statements. Also, interruptions in the form of objections are common. Wouldn't it be easier for the jury to be absent from the trial itself, then presented with all and only the admissible evidence and testimony afterward? In fact, the jury need not see the parties in question, nor even know their names. Wouldn't that eliminate the possibility of racial discrimination and other irrelevant judgments?
Question: Should parents be licensed? Given the cost to society of parents shirking their obligations to their children, to entrust children to just anyone able to bear that child seems negligent. The state does, after all, forbid chronic drunk drivers from getting behind the wheel again. On the other hand, to give discretionary power to the state over such a personal matter seems very dangerous. Is there any middle ground that would better protect kids from abusive or neglectful parents and protect society from the growing scourge of poor parenting?
Question: Are animals a special kind of property? On your blog NoodleFood, you claimed that "the law should recognize that beloved pets are not mere property, but rather a special kind of property. To wrongfully cause the death of a pet should carry a significantly higher penalty than merely compensating the owner for the replacement cost of that pet. Moreover, police officers and government officials who indulge in this kind of reckless killing without good cause should be disciplined severely, preferably fired." Can you explain this view – the theory and the practice – further? Would this standard be akin to that of hate crimes, on the theory that crime is wrong but a crime motivated by hate is more wrong? Would it apply to other property – like my car (because it adds so much value to my life) or family photographs (which have lots of sentimental values but not monetary value)?
Question: Is it wrong to buy a book containing sensitive military information? The Pentagon claims that the new book No Easy Day: The Firsthand Account of the Mission that Killed Bin Laden reveals some potentially sensitive details about the operation. I'd really like to read about the mission, but I'm worried that the Pentagon's concerns are valid, and I'd rather not contribute to a work that that puts our soldiers at risk. However, given that the book has already been released, does it matter whether I buy it or not?
Question: Is running prisons a legitimate function of government or should they be privatized? Private prisons are a billion dollar industry here in the United States, but should they be left to private companies or should the government handle them instead?
Question: What justifies punishing people for committing crimes? In your 2006 graduate paper, "The Scope Problem in Punishment," you criticize utilitarian theories of punishment that aim for deterrence of future crimes on the grounds that they don't punish all and only those who are guilty. Yet why is that a problem? Moreover, why should a criminal be punished if doing so won't have any future benefits, such as deterring future crimes? Doesn't self-interest require that actions have some future benefit – and if so, shouldn't all punishment have some positive future effect like deterrence?
Question: What is the individualist response to claims about "white privilege"? In May 2013, you published a blog post entitled "Personal Motives for Benevolence" where you introduced the idea that prejudice is often formed by favoritism and not overt bigotry. Clearly, such favoritism can be based on race too. So what is the proper and just response to claims of "white privilege" – such as found in the article "White Privilege: Unpacking the Invisible Knapsack" by Peggy McIntosh?
Question: Are public shamings morally justifiable? I often read of judges handing down sentences designed to humiliate the offender, such as standing at a busy intersection wearing a sandwich board apologizing for their offense. Many people favor these kinds of punishments in lieu of jail time because they consume less resources of the penal system. They may be more effective too. Does that justify such shamings? Moreover, what's the morality of similar shamings by parents and businesses? A bodega in my neighborhood posts surveillance camera footage of shoplifters, usually with some snarky comment about their theft. I find this practice amusing, but is that moral? Is it akin to vigilantism?
Question: Would the government of a free society employ scientists? In a fully free society, would there be any scientists employed full-time by the government for police, legislative, or judicial services? If not, how would judges obtain the necessary scientific knowledge to make proper rulings in the court cases that would replace today's environmental and other regulations? Might scientists be hired by the government of a free society for the military or other purposes?
Question: Are hate crime laws just? Hate crime laws impose additional penalties for crimes motivated by hatred for or bias against the victim for his group membership, such as religious affiliation, sexual orientation, or ethnic background. Do such laws protect or violate individual rights? Should such laws be maintained, modified, or repealed?
Summary: As the cause of gay marriage gains ever-more traction, many have wondered whether marriage really matters. Attorney Tom Varik argues that it does. In this interview, he discussed the legal status and importance of gay marriage, including the recent Supreme Court cases, as well as the history and limits of spousal privilege.
Summary: Is "big government" the fundamental problem of American politics? Historian Eric Daniels will explain why this common formulation is misleading, wrong, and even dangerous to liberty.
Question: Should Distributed Denial of Service (a.k.a. DDoS) attacks be illegal? DDoS computer attacks are illegal in the United Kingdom. Are such attacks analogous to convincing people to send many letters to an organization or to calling on the phone repeatedly, thereby crippling its infrastructure? Or are they more like trespassing on property? How should the law deal with them?
Question: How should I respond to my morally corrupt sister? My 20 year old sister is morally destitute. She is an unapologetic shoplifter. Her justifications amount to things like: "My shoplifting is not an addiction because I can stop anytime I want to," "everyone does it," "companies account for shoplifters in their business plans so they mark prices higher to compensate for it," "I'd never steal from a friend," "I need to steal while I look young and can get away with it because no one suspects me," etc. Over the years she has stolen hundreds if not thousands of dollars from our parents, too. She lies and cheats frequently. She's accepted money in return for writing a paper for a friend. She knows what she does is "wrong," and she maintains that such is better than not knowing, at least. (That makes no sense, I know.) I also just found out that she's selling marijuana because, as she says, she needs a way to support her expensive taste in clothes and makeup. She has no integrity or moral conscience. She doesn't care about my horror at her behavior. She does not respond to reason. Part of me wants to help her by trying to talk sense into her. I care about her, and I want her to be a healthy person and not have a miserable life. Another part of me wants to forget her and let her ruin herself. Yet I don't want to stand by and watch that happen, and I also know that there's only so much I can do to really help her. What is the rational thing to do?
Summary: What do online marketing companies know about you? How do they gather data? Should you be alarmed by that? If so, what tools can help you protect your privacy online?
Question: Should marital infidelity be illegal? Many states, including Colorado, have laws against marital infidelity on the books. These laws are rarely if ever enforced. Politicians often attempt to repeal them, but those attempts are often unsuccessful. Many people think that the government ought to "take a moral stand" even if the law isn't enforced. Does that view have any merit? Should these laws be repealed? Why or why not?
Question: Is killing a baby born after an abortion a form of murder? Kermit Gosnell is currently on trial for murder, due to accusations that he killed infants who were delivered in abortions at his clinic. If the facts are as reported, should he be convicted of murder? What should be done when a baby is born alive during an abortion? What are the likely cultural and political implications of this trial?
Summary: People often think of major medical disasters as unpredictable "black swan" events. In fact, emergency physicians see the same injuries from the same causes time and again, and ordinary people can lessen those risks by their own choices. Dr. McGuff explained the risks, how to mitigate them, and how to best cope if you or a loved one lands in the emergency room.
Question: When is it moral to resist police action? Last year, the governor of Indiana signed a bill into law granting protection to citizens that resist the unlawful actions of a public servant. If a police officer enters your home without your knowledge or consent – legally or illegally – and you have no way of knowing whether he is an unlawful intruder, are you morally justified in taking violent action against him? When is it moral to forcibly resist police actions?
Summary: What is the work of a prosecutor really like? In this interview, former Arizona prosecutor William E. Perry discussed the cases he prosecuted and various issues in criminal law – including the role of juries, standards of evidence, the drug war, confessions, and plea bargaining.
Question: Is it proper for state or local government to enact laws that a federal government should not? A proper government is one that fulfills and is limited to the role of protecting citizens from initiations of force by other individuals or other nations. However, in a free and proper society, is it proper for local and state governments to enact laws that go beyond the proper functions of a federal government? For example, in a properly-governed United States, could states enact certain laws that regulate behavior beyond what the federal government could enact, perhaps based on the religious or other values held by most people in that community – on the assumption that any person who disagreed could leave the area?
Question: Should men be sensitive to women's fears of being raped? Recently, I became aware of an ongoing debate among the online atheist community regarding proper conduct of men toward women they do not know. In a June 2011 video reporting on a conference, "Skepchik" Rebecca Watson talked about her experience of being asked to the room of a strange man in an elevator at 4 am. That invitation made her very uncomfortable, and she thought it was very wrong to so sexualize her. Her comments created a firestorm of controversy. Do you think that men need to be sensitive to women's fears about being raped? Should women have such fears around unknown men?
Question: Is it moral to post information on security flaws that can help criminals better commit crimes? Some people publish information on how to pick locks or how to bypass computer password protection programs. Yes, sometimes this information might be used by good people to better protect themselves, but it's likely that criminals will use it to commit crimes, perhaps crimes that they'd not have attempted otherwise. Can the person posting the information rightly say, "This information can be used for both good or bad purposes, and I'm not morally responsible for what someone else chooses to do with it"?
Question: Where is the line between justice and vigilantism? When is it moral to take the law into your own hands – meaning pursuing, detaining, and/or punishing criminals as a private citizen? Suppose that you know – without a shadow of a doubt – that some person committed a serious crime against you or a loved one. If the justice system cannot punish the person due to some technicality, is it wrong for you to do so? If you're caught, should a judge or jury punish you, as if you'd committed a crime against an innocent person?
Question: Should the government institute a national id card? Periodically, politicians speak of instituting a national identification card in order to protect identify and track potential terrorists, prevent the hiring of illegal immigrants, stop welfare fraud, and more. Would such a national id card violate rights – or be unwise for other reasons? Are state-level identification cards sufficient? Are they proper?
Question: Are statutory rape laws proper? Statutory rape laws criminalize seemingly consensual sex when at least one party is below the age of consent, but sexually mature, e.g. when an 18 year old has sex with a 15 year old. Are such laws proper? Should the over-age person be convicted if he or she didn't know (or couldn't reasonably know) that the under-age person was under-age? What if the under-age person lied about his or her age? What, if anything, should happen legally when both parties are under-age, e.g. when two 15 year olds have sex?
Question: What constitutes consent in sex? Can a person give tacit consent by his or her actions? Is explicit consent required for some sex acts? Once consent has been given, when and how can a person withdraw that consent? Does the legal perspective on these questions differ from the moral perspective?
Question: Is the death penalty moral? I understand why people are opposed to the death penalty when there might be genuine doubt as to whether the accused person really committed the crime. Certainly, we've seen cases where DNA evidence has exonerated someone who was convicted several years ago for a crime they didn't actually commit. But if someone confesses to first degree murder and if there's incontrovertible physical evidence to confirm their guilt, is the death penalty then appropriate?
Question: Why is punishing an innocent man worse than failing to punish a guilty man? English jurist William Blackstone said that "better that ten guilty persons escape than that one innocent suffer." What does this mean, and is it true? Is some higher ratio of wrongly-punished to wrongly-released acceptable?
Question: Should prisons be run by the state or private companies? After reading this Huffington Post article, I wonder whether prisons should be run by private companies or the state. I tend to think private is almost always better than anything state-run, but the current system of private prisons seems to be corrupt at best. More generally, what would a prison system look like in a free society?
Question: Is it moral to torture criminals and/or terrorists? We supposedly were able to track down Osama Bin Laden with information obtained by torturing captured Al Qaeda prisoners. Is it moral to torture criminals, terrorists or other evildoers to gain useful information to fight crime or help win a war? If so, should there be any limits on when and how torture should be used by the government?
Question: Should the police lie to suspects in the course of an investigation? Police routinely do this, usually in order to trick people into admitting something or revealing information they would normally not reveal. Note that the people they lie to may not have been convicted of any crime, and are merely "persons of interest" or suspects. Is this routine constant lying moral? What do you think it does to the policeman's character after many years?
Question: Should a man ever act in real life as Howard Roark did in his first sexual encounter with Dominique? In your 24 April 2011 webcast, you said that a person should not act as Howard Roark did in the "rape" scene in The Fountainhead, implying it would be immoral. Could you explain why? Is the problem that you cannot know for certain what the woman wants? I've slept with a few women and only once have I ever been 100% certain that she wanted it that way and so I took it without any real permission and I was right. She even told me later she wouldn't have wanted it any other way. I understand it is very dangerous to say to guys, "Hey, its okay to do this!" because most people are idiots, but wouldn't there be rare real-life cases in which a man would be right to act like Roark did?
Question: What should the US government do about Wikileaks founder Julian Assange? In particular, can and should the US government go after him, given that he is not an American citizen and he apparently committed his bad acts outside of US territory?
Question: Should a criminal who kills a pregnant woman (and her unborn child) be charged for two murders or one? Does it matter if she's obviously pregnant or not? (Perhaps it should only matter in the sentencing phase of the trial?) I've read your paper on the "personhood" movement and I agree that a person does not have rights until they're born, but it seems different in this situation. Where is my thinking flawed, or is it?
Question: Should government officials be punished for rights violations committed via their office? Should the constitution of a rational government in a capitalist society mandate punishment of those in positions of governance who use the power of government to violate individual rights? For instance, McCain-Feingold represents a massive individual rights' violation; that of free speech and association. McCain and Feingold violated their oath to defend the Constitution as did all those who voted for it; George W. Bush explicitly abdicated his oath in his signing statement. Should such people be punished for legalizing such an encroachment? Currently, only Treason is specifically mentioned in the Constitution as a criminal act requiring punishment