Tag Archives | Ethics

De Spectaculis

I laughed when Nero’s minions sent
fire-tortured souls to the sky.
Without the walls of Pilate’s halls,
I shouted “Crucify!”

I roared my glee to the sullen sea
where Abel’s blood was shed.
My jeer was loud in the gory crowd
that stoned St. Stephen dead.

— Robert E. Howard

Even if the death penalty were morally legitimate (and I think it isn’t), and even if we could be justifiably confident that every one of those 234 executed prisoners was actually guilty of the crimes for which they were sentenced (and I think we can’t), it would still be grotesque to react to those executions with cheers and applause, as the audience did at this week’s Republican debate. Surely a mood of solemnity and regret would be more appropriate. These Republicans howling and hooting over executions are the kind who formerly reveled in seeing Christians thrown to the lions. The fact that they now have the effrontery to call themselves Christians only adds insult to injury (literally).


Constitutionally Impaired?

I agree with most of what Walter Williams says here, so let me churlishly focus on the bit I disagree with:

You might say, “Williams, while there are gray areas in the Constitution, the U.S. Supreme Court would never brazenly rule against clear constitutional prohibitions!” That’s nonsense. The first clause of Article 1, Section 10 mandates that “No State shall … pass any … Law impairing the Obligation of Contracts.” During the Great Depression, the U.S. Supreme Court upheld a Minnesota law that restricted the ability of banks to foreclose on overdue mortgages, thereby impairing contracts made between lender and borrower. To prevent this kind of contract impairment – routinely done under the Articles of Confederation – was precisely why the Framers added the clause.

Lysander Spooner

I agree, of course, that the Supreme Court has little compunction about overriding “clear constitutional prohibitions.” But I don’t think the example Williams has chosen proves his case. To uphold the obligation of a contract does not mean to uphold whatever the contract says; otherwise contracts to sell oneself into slavery, or contracts to assassinate another person, would be legitimately enforceable. Thus contracting to do X is not by itself sufficient to incur an enforceable obligation to do X.

And as Lysander Spooner argues:

“The obligation of contracts,” here spoken of, is, of necessity, the natural obligation; for that is the only real or true obligation that any contracts can have.

The court’s decision in Home Building & Loan Association v. Blaisdell thus counts as violating the constitutional prohibition on impairing the obligation of contracts only if those contracts were legitimately enforceable under natural law. Now maybe they were and maybe they weren’t; that moral question is not my current concern. My point is simply that one cannot determine whether the court violated the constitution in this case without addressing that moral question; it’s not something that one can simply read off the words.


Preserved in JARS

The Journal of Ayn Rand Studies now has online archives. Here, selfishly (appropriately), is a list of links to my own JARS articles over the past decade:

The Benefits and Hazards of Dialectical Libertarianism (2.2, Spring 2001)

Keeping Context In Context: The Limits of Dialectics (3.2, Spring 2002)

Praxeology: Who Needs It (6.2, Spring 2005)

Reference and Necessity: A Rand-Kripke Synthesis? (7.1, Fall 2005)

A Beauty Contest For Dichotomies: Browne’s Terminological Revolutions (8.1, Fall 2006)

Interpreting Plato’s Dialogues: Aristotle versus Seddon (10.1, Fall 2008)

Most of those were my side of debates with other people, so you should probably go read their side too. Plus lots of other good stuff. Here.


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