Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Monday, October 12, 2015

Just Because You Can

I haven’t written to this blog in a long while because I haven’t been angry enough about something in particular to do so. Well today, I have something at which I can direct some energy.

There’s a pernicious cliché I hear almost every time I talk to someone who doesn’t like Open Carry (which is the practice, in those states--free states--where it is legal to openly carry a firearm): Just because you can doesn’t mean you should, or another variation, Just because you can, does not mean you have to. I suppose one can also add, Just because you can doesn’t mean you must.

As with many such clichés, it seems to say something profound but actually doesn’t as I propose to show forthwith. The reason I dislike clichés is that they are a shortcut to critical thinking. In fact, it may be more true to say that clichés are short circuits, an endrun around having to think too deeply about things. By the way, if you want to see a thoroughgoing disassembly of cliché, I suggest you read Jonah Goldberg’s The Tyranny of Clichés.

So let’s make things a bit more concrete, shall we, and rejigger the mental circuitry, take apart this vapid saying, put some meat on them bones. Just because you can doesn’t mean you should … is an incomplete sentence, it’s a phrase. There are things missing, aren’t there? Let’s add stuff:
“Just because you can eat ice cream doesn’t mean you should.” (Noted, and thanks. I’ll go ahead and eat ice cream. I like ice cream.)
“Just because you can kiss your wife goodbye doesn’t mean you should kiss her goodbye.” (Noted, and thanks. I’ll go ahead and kiss my wife goodbye, because it shows I love her and she likes it.)
“Just because you can pet your dog doesn’t mean you should pet your dog.” (Noted, and thanks. I’ll go ahead and pet my dog, because I like doing it and my dogs likes it, too.)

You see what I mean? As you start adding specifics, it starts to approach inanity. It actually doesn’t tell you anything at all. There’s stuff missing, important stuff: the phrase is meaningless because it doesn’t give any reasoning & with that goes meaning, and meaning is vital to reason. In fact, it does mental damage beyond that. Let me illustrate:
“Just because you can exercise your First Amendment right to petition government does not mean you should.”
Woah now, come again? Why not?! It’s my right to petition government, are you saying I should not? Why not? Why don’t you want me to exercise my right to petition government, what's your motive? What do you have against my exercising the right to petition my government?

See the scorpion’s tail in that seemingly innocent cliche? It gets people comfortable with doing nothing. In fact, the counterargument can be more correct: Just because you can means you should! Also in fact, this is the way better phrasing: it is positive, it is a call to action. Of course, it keeps out a bunch of things as well, but I’d much rather defend a positive position than the negative. One’s making an argument, the other is merely making a critique. One is the sun, the other is the eclipse.

In the case of our civil rights, just because you can exercise your civil rights, means you should! A right not regularly exercised atrophies. A right which falls out of common use is a right effectively lost. A right which no one cares to exercise soon becomes easier to forget, and even to legislatively abrogate.

And here’s the reason I wrote this today: I hear this nigh meaningless phrase uttered in reference to Open Carry so here it is, the missing information: “Just because you can Open Carry doesn’t mean you should.” To which I counter, why ever not? It is a valid expression of our right to keep and bear arms! Those who contend that we shouldn’t or mustn’t are trying to sell you on letting go one of your most important civil rights, just as surely as they’re trying to sell you on any of the others you do have.

I have been told that the Supreme Court has decided on a slim margin that there is now a right to same-sex marriage. All well and good, and it is now the law of the land. One of the arguments on the side of the SSM crowd was that it was a civil right, and any attempt to water it down with civil unions or any other facsimile of full on marriage, is oppressive. Do not tell me when, how, and with whom I can exercise my civil rights! If it makes you uncomfortable that I want to exercise my right to same-sex marriage, I suggest you go pound sand (or go to jail in that Kentucky case). You cannot debate my civil rights away! You know what, I agree.

“Just because you can marry a man if you’re a man doesn’t mean you should.” Try telling that to the SSM supporter and be excoriated, and rightly so. We’re here, we’re queer, get used to it.

I support Open Carry, it’s part & parcel of the “bear arms” section of the Second Amendment. If it makes you uncomfortable that I am OC, I suggest you go pound sand. I don’t care what you think or, to be precise, what you feel. Your insecurity about when I choose to exercise my civil rights doesn’t matter.

Some people don’t like the light it throws on all gun owners when certain gun owners act up. How they look while OC. It makes society at large think worse of us all gun owners. Some people say Open Carrying at people (whatever the hell that means, I’m guessing posturing aggressively) is wrong--we’re here, we’re queer, get used to it?--and yet others go on about how our rights will be curtailed by voters when people misuse it.

That’s the thing about rights, you see. They can’t be voted on; an opinion about a revoking a natural right is meaningless. I refuse to have the actions of a person who happens to be in the same category as me define who I am. A person who misuses their rights gets individually punished. If it is not against the law to OC then leave the man alone who OCs. He’s no more breaking the law than is the man who is eating breakfast at a cafe. Leave him alone.

That it happens to be a gun and not a breakfast sandwich is meaningless. Stop trying to convince me to stop exercising my civil rights because you don’t like the form in which I’m doing it or what I'm wearing while doing it. We’re here, we’re queer, get used to it.

I could add that I usually don't Open Carry often as a choice because of strategic & tactical reasons (I don’t have backup, I don’t have a radio connecting me with a ton of other armed citizens who will arrive to help me if I get in trouble, etc.). But to make a point of it, to exercise a right which needs exercising, to condition the populace to being comfortable with the Second Amendment, to spit in the face of those who wish to make me feel like a dirty, broken person, belonging in the back of a closet: Just because I can, I will.

Thursday, February 12, 2015

In Mala Fide

There are a great many people out there, including police officers unfortunately, who feel (not think) that the mere presence of a gun implies evil. In the case of the police--like this unfortunate meathead Idaho sheriff, who actually shot himself--the presence of a gun screams criminal!

What tosh.

The Idaho Supreme Court, in a case from 1909, includes this diamond of a quote among a long and rather dry analysis of an appeal before it:
A man may need a gun for a great many things other than that of shooting his neighbor. In fact, it should be presumed in the first instance that a man is going to use his gun for a lawful purpose and that he is not out gunning for his neighbor. [Emphasis mine.]
 Well there you go. Our system works on a presumption of innocence; even in the case of a clear-cut case against a violator with many witnesses, the burden of proving guilt lies with the prosecutor only.

It is the same way outside the courtroom as well. More people are pummelled to death by hands and feet than get shot by so-called assault rifles (AKA a black rifle) yet this doesn't make anyone afraid for their safety simply walking by a man equipped with those tools of destruction. One commences in life by placing good faith in their fellow citizen that they will not suffer battery at the hands (and feet) of passersby. In other words, unless and until you have good reason to believe you will be battered, proceed as usual.

Another quick example: chances are, you get into your car everyday and drive wherever you need to go. You do this without living in crippling fear that an oncoming vehicle's driver will swerve into your lane and take you out in a head on collision. Since you have no good reason to believe that the 2000 pound weapon under the control of your fellow citizen will be used with malice against you, you proceed as usual. (Need I point out that more people die in vehicle accidents a year than get shot?)

We presume that everyone around us will act in a lawful and peaceable manner.

Except, of course, if that person were carrying a firearm. In which case, small-minded, scaredy cat, safety-first-last-always folks will assign the worst motives.

Common sense ain't.

Friday, January 30, 2015

The Intelligence of Race

H'm:
Set aside the fact that Charles Johnson is a soulless ginger (heh), let's talk about race and intelligence and this assertion he makes about a fact of biology. But more, let's talk about the consequences of his assertion about that fact of biology.

To start, I will declare outright some biases: (a) I fucking love science (ahem) (b) I am bi-racial; specifically, I'm half white boy, half black girl. That sounds weird, but there you have it. I have some skin (heh) in the game, so to speak. And (c) I am a Christian.

I was born in Cameroon, lived the first half of my life in Nigeria in the west of Africa and then moved around until I settled in Florida, which is as close to a melting pot as you will have anywhere else in the US, both in literal and metaphorical terms. What this means is that, as an average observer of humanity--certainly enough to know I don't like most humans--I can tell you that there are truths to be found in generalities about groups. Where things start to fray is in applying those averages, those generalities to individual members of those groups. It takes a steady mind to avoid bigotry, and we are all of us guilty of it regardless of skin color.

For example, the myriad problems in Nigeria have at their root the deep divides between Nigerian ethnic and attendant religious groups: the eastern Igbos, reputed to be more intelligent than the northern Hausas, don't like the western Yorubas, etc. And they each say things about each other in generalities: "Don't trust an Igbo trader, son. He's out to steal as much as he can. Learn to bargain!" And so on.

We are generalization engines. We categorize. We sort and classify. It's what has made us the dominant species on the planet. But it is also the bane of our existence. The source of much strife, of war, of violence, of evil. With this in mind, let's talk about genetics, of which I know just enough from High School & College biology (I was a Zoology major at a University in Nigeria, intending on going on to Medical School). It is a fact that certain attributes pass genetically from generation to generation. It is, truly, settled science if there ever was such a thing. Among black Americans, a doctor will say, high blood pressure is more common. Sickle Cell Anemia is prevalent among black Africans, etc.

Chances are, you inherited your father's thighs or your mother's breasts--which would really suck for you if you're a man. Chances are, you'll likely die from the same disease that killed one of your grandfathers, if medical science doesn't find a cure. Chances are, people will say you have your mother's green eyes, Chances are, you and your sisters share your grandmother's Roman nose. And the list goes on.

There's no valid reason why genetic inheritance of attributes should stop, by human fiat, at the neck and go no higher. Those calf muscles you got from your father, but no one knows why you both suck at mathematics. No idea. Nonsense. Intelligence and the attendant capability is heritable. I've seen it, you've seen it. I believe, based on the evidence, that this is a fact of life.

Well now, what about groups? Ah now there's where the road is not so easy to walk. The Nazis (you knew it was coming) used the "biological fact" of racial differences to send millions to the gas chambers. Does this, one wonders, therefore invalidate the study of racial differences? Of course not, because to do so is to commit a logical fallacy. Are there racial differences between peoples and are those differences genetic? I say yes. Race, like sex, is most certainly not a social "construct" and it is foolish to think otherwise.

And if by extension, there are biological--including morphology--differences between the races, transferrable through the genes, and if, intelligence is likewise transferrable through the genes, it ought to follow that there are differences in intelligence between the races. As a half-black, half-white man, this makes sense to me; it does not make me uncomfortable in the least.

And this is why: I do not apply what I know to be true about groups to the individual members of that group. For two reasons: first because it's committing a logical fallacy to do otherwise and also because earlier I declared the bias that I am a Christian. What that means is that in the way I live my life and in my interactions with people, there are certain rules and regulations that govern and provide guidance to those interactions. I believe I am made in God's image (Imago Dei) and I also believe every human being on the planet is also made in God's image. This does not nullify the fact of our differences, of which there are many: racial, ideological, political, and so on. What is does do is require that I act accordingly for we are, all of us, God's children, brothers and sisters.

The problem is, we're humans. Fallible and fallen creatures that really suck generally. With evil in the heart, we seize on our differences to rationalize our evil actions against others. It is "harder" to shoot your son in the head than a stranger's. It is "easier" to kick a dog (Canis familiaris) than it is to kick a child (Homo sapiens). People and things that are different from us are easier to act against with malice. It is the stuff of which human history is made and all you have to do to convince yourself of this reality is to read a few history books.

So then, for argument's sake accept the fact of the matter that there are differences between the races. The question now is, so what? From which follows, no what? What are we to do with this information? As with most questions posed to humanity, it comes fraught with advantage and danger.

My doctor asks me for a family history so he can help me avoid "family-related" problems so I can live longer and healthier than my mother who died young. The racist down the street from me assumes because of my mother's skin color that I am unintelligent, if not outright stupid, and because of this, am two steps away from being violent. Well, in a way, he's right: I am steps away from being violent, but that requires he takes the first few steps first. :)

For good and for bad, there are differences between the races. For good, we can tailor health practices to ensure we all live longer. For bad, we can have Auschwitz. Personally, for you, as an individual, what should this bit of information do for you? Information, data, sitting there means nothing. You may as well have never known it--and I believe this is the path many take, to turn a blind eye. Does this mean that you will act in a certain way when you meet a black person? An Arab? A Jew? A Chinese man? Will it change the way you would have acted?

If it is shown that the intelligence of black Africans is lower than that of white Europeans, does this mean you now understand why black African countries are such hell holes? Does this remove the blinders, everything now clear? Does the relatively high intelligence of the Ashkenazi Jews now mean we should only have those Jews be scientists? Drawing only from that class of persons the doctors, engineers? Are you, as a white man, better than me, as a half-white man who is in turn better than a fully-black man? What does "better" mean in this situation?

As a government, do we start passing legislation barring certain groups from occupying certain posts in society based on genetics? Are we to segregate blacks in certain sections of our cities (which they already do on their own, by choice, it seems)? Japanese? Do we pass laws requiring that blacks cannot intermarry with Asians because the ensuing offspring will be "less capable" for society?

What do we do with this information, considering it's truth? Now, what? Considering how bad we are at statistics, replete through and through with cognitive bias after cognitive bias, now what.

Wednesday, August 13, 2014

Kill or Be Killed

Last night, because I wanted to understand the salient points of Idaho's self-defense statutes, I decided to take the course by the Ada County Sheriff's Office. It was three hours long and mostly worth it. However, there were a few glaring errors--maybe it would be better to call it let-downs than errors; I'm going to describe them, for the hell of it. There were two instructors, one behemoth deputy with each arm the size of three baseball bats taped together with bungee cords, Deputy Muscles. This is a guy you wouldn't want to tangle with without the aid of a meth/8-ball cocktail. The other instructor was a typical Idahoan male of a certain persuasion: funny, meek, untraveled, provincial, 6 children, all homeschooled. I liked him immediately. He was a Sergeant, Muscles a Corporal. After a few corny jokes that the universe could have done without, we got into it, wading ankle-deep into what was surely a wide and deep ocean of self-defense law. We were made to understand that our fine state had laws essentially unchanged since the 1800s when they were first drafted. The Deputies tried and laughably failed to show that the laws had been updated to “the present day” through the accumulation of case law. Now, I knew this, but from the vacant looks on the faces of the approximately 30 people in the class, I could tell they didn’t understand the concept. Is it slightly gauche to point out at this point that more than half the class was female? Maybe sexist. Maybe. And I’m not kidding about the Idaho Statutes! There’s mention of a justifiable homicide in defense of the life of one’s wife, husband, etc. and one’s “master or mistress or servant.” Nice. What was missing--but kept getting hinted at--was the fact that it would be necessary, on shooting in self-defense, to articulate the reason. Muscles made it seem as if you would be so doing to the Police. He did, naturally, point out that it was up to you whether or not you chose to speak to the Police and that, of course!, you had a right to shut up and request an attorney. But, it would still be necessary to “articulate” your reasons. Yes, Muscles, I must be able to articulate clearly the reasoning that went into my decision to shoot and possibly kill in self-defense. But it wouldn’t be to you, or any other Law Enforcement official: in the immortal ebonics of Tupac, only God can judge me. Well, Him and a jury of my peers. What they left out was that the articulation would be to that jury. While one’s first contact would certainly be with Law Enforcement, none of those yahoos had the power to pronounce guilt or innocence. With that in mind, Muscles really ought to have instructed class takers that in addition to the archaic-sounding statutes, it was necessary to find and read the Idaho Criminal Jury Instructions. This is really the standard to which one would be held. It should also have been mentioned that the standard for judging an action of self-defense involves what a third person, a so-called “reasonable person,” would have done in the same circumstances. That this wasn’t discussed by Muscles is slightly alarming. The other surprising thing I noticed: Muscles came to a slide in his pitiful Powerpoint deck that he skipped outright, mentioning insouciantly that it dealt only with Law Enforcement. By the way, these atrocious Powerpoint slides featured the usual “presentation sins”: text-heavy, shitty default templates, ponderous animation; in other words, something these cops were probably very proud of creating. Back to the slide in question: it dealt with Idaho’s “fleeing felon” law. 4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace. I can understand why Deputy Muscles didn’t want to discuss it, because it essentially gives citizens the right to pursue and possibly kill a felon. He preferred to lie instead. For shame. Yes, that Statute gives the everyday man and woman the right to claiming that killing a fleeing felon was a justifiable homicide. I know you don’t like it, Muscles, but that does not mean you get to lie about it. It does not only cover Law Enforcement, it covers everyone. The hint is in the title of the Statute itself: 18-4009. JUSTIFIABLE HOMICIDE BY ANY PERSON. I’ll save you the time and simply give you the answer: “any person” includes you, me, and yes, Deputy Muscles. Is it a good idea to pursue a fleeing felon and possibly kill him or her? No. The cold and unwavering eyes of the modern Justice system would probably not look with any mercy if you did. But that statute exists and can be claimed by, yes, any person. Another faux pas was his mentioning the fact that, by law, you needed to aid the now-stopped threat/assailant. I don’t see this anywhere in the books. It does indeed look good that you attempted to give aid and succor to the jerkoff you just shot--after all, one is shooting to stop a threat, not to kill but to say it was required by law without reference to any law is, again, a bit disconcerting. In all, I enjoyed the class. It needs a bit of a retouching, some highlighting, a spiff-up here and there and definitely losing a bit of shitty information. In his defense (no pun intended), Deputy Muscles did take the effort to point out that this class was just the beginning. More study was necessary. Roger wilco.