Showing posts with label torture. Show all posts
Showing posts with label torture. Show all posts

Tuesday, March 30, 2010

Welcome to the New Wedge Politics: A political calculus.

Well, it's here. (Or, rather, it's back.) White, Christianist * Terrorism (yes, terrorism, since the Right has decided to use this term when it's convenient to its purposes). Charged with plotting to kill police officers and civilians and to set in motion a new American Civil War, the aims of these armed Christianist militiamen were entirely politico-religionist and ideological: they have committed treason against the United States government and its people and engaged in seditious activities. In yearning to start the next Civil War, these militiamen stand alongside the tea-bagger rank and file.
 This is a moment in which the bogusness of the Fox News Right's sham claims to consistency, moral authority and—most deliciously ironic of all—patriotism is exposed for all to see. And I mean exposed in a way that forces the old-fashioned Republican base—the suburban, upper-middle class—to confront the chaos, ugliness and violence in which all supporters of the current Republican Party have been complicit.

The wealthier households of the American suburban bourgeoisie, who have long served as the real political base of the Republican Party—and whose defection to Obama in 2008 helped cost McCain the presidency—basically only care about two things:
  1. physical security for themselves and their families at all costs, and

  2. low taxes (i.e.: financial security for themselves and their families at all costs).
Whichever party can scare this still-very-powerful echelon of the American citizenry into perceiving** that either (1) or (2)—in that order—or both cannot be trusted in the hands of the other party, wins.

[***]

Consider, for example, Joe Briefcase. Joe is a medium-level Big Shot in the [whatever] business and is a case study in the mentality of this socioeconomic stratum of American society. He typically—before the Iraq War, anyway—falls for, I'd say, at least 75% of neoconservative scare-mongering lies (i.e.: 'An attack on the USA is imminent if we don't do a, b, and c to stop it...') and is also especially easily flattered by Republican laissez-faire & square charm tactics (i.e.: 'You've pulled yourself up by your bootstraps and deserve to hold onto every precious penny you've earned...')... and has voted Republican ever since he graduated from [whatever] school and entered what is known colloquially as "The Real World."

Joe Briefcase doesn't give two shits about the "restoration of American values" or the "maligned legacy of state's rights" that the brainless, fat, racist, uneducated, neo-secessionist, Fox News-watching hordes seem to care so much about. The fact is that Joe Briefcase doesn't want trouble, and trouble is exactly what he has begun to see that he will get if the Republican Party manages to regain control of the country.

Three additional factors shall flesh out my hypothesis of a new electoral alignment that I believe may be a component of the Democratic Party's (and especially Obama's) electoral strategy, which I shall call the New Wedge Politics:
  • All of the "tea party" shenanigans during the health care debate managed to poison the well of public discourse to such an extent that most Americans stopped caring about the content of the health care bill a long time ago and simply grew increasingly irritated by the shrill health care bill debate. And it was the Republicans who, after all, vowed over and over and over and over and over again to obstruct the passage of the bill. Thus—irrespective of most people's inclinations as regards the content of the bill (and irrespective of the likelihood that the Obama Administration shrewdly planned to allow the Republican demagogy to meander until it reached the pinnacle of outrageousness)—Obama gets all of the credit for putting the whole miserable display out of its misery with a stroke of his pen. Meet Obama, the restorer of 'law and order' from the clutches of tea-bagger-fueled chaos and anarchy.

  • The Civil War. Don't forget the Civil War. It's very much on the minds—or in the hearts—of many among the tea-bagger faithful, whether they realize it or not. From incumbent Governor Rick Perry's Texas Secession Rallies to the new revelations of Far-Right paramilitary activities to the ugly racism of so much of the redneck sloganeering, the ghost of the Civil War has returned to the national subconscious in a big way. And it just so happens that Joe Briefcase's great-great grandfather fought in the Civil War. And guess whose side Great Great Grandpa Briefcase fought for? That's right, it wasn't for the Confederacy. Joe Briefcase has always taken pride in the fact that he belongs to the Party of Abraham Lincoln. He has no sympathy for protesters of any kind. He wants the secessionist rednecks to get off his TV already. He most certainly does not recognize the current Dixiecrat Shambles as His Republican Party. This 'Party of No' is not the Republican Party as he has known it.

  • The Iraq War. Don't forget the impact of that war either. The minutia of the USA's continued presence in Iraq under the Obama Administration, of course, fail to capture anyone's interest. But the people of the United States have not forgotten the Iraq War, nor its costliness in lives and dollars, nor the sleazy lies that the Bush Administration told in order to sell it. This still stands as a significant betrayal of trust between the Republican Party and its erstwhile supporters.
To close, some caveats: my analysis here is intended to be hypothetical. Furthermore, it's a hypothesis about long-term political and/or electoral strategy—not a prediction of whether or not such a strategy would work. And when I say long-term, I mean that it's not about the vicissitudes of 'cable news' cycles, which Obama has made it his habit to ignore (or at least to appear to ignore)—a way of doing things that has worked well for him in the past and which furthers the impression of his being 'above the fray' of the bullshit.

Lastly, although I dislike the Republican Party something fierce, and although I'm not as critical of Obama as many others on the Left have been (not having expected him to act as a genuinely progressive president in the midst of our current political/economic conditions and ideological alignments), I'm not saying that it is necessarily a good thing that the Democratic Party might be preserving its spot at the Center by pushing the Republican Party ever-farther to the Right. I'd have much preferred it if the health care bill had been more aggressive and radical, etc., etc. And I'd certainly have preferred to see Obama actually take a firm legal position against torturers, liars and manipulators like Dick Cheney, et al.

Anyway, there you have it. If anyone's actually read this far down, I'd love for you to prove it to me by leaving a comment. Heh.

[N.B.: I updated this post (mostly grammar and formatting edits) on the morning of 3/31/10).]

* Note the distinction here, between Christians and Christianists, Christianity and Christianism, religion and Religionism. Each of these dyads comprises:
  1. first, a phenomenon that is so heterogeneous and multifarious, and rooted so deeply in our history and society as to resist evaluation in one direction or another, in and of itself, and

  2. second, an extreme politics that enshrouds itself in a rhetoric that has been appropriated from the first, and then manhandled and distorted to accord with tactical or strategic ends.
I am an atheist, but I consider the notion of the 'inherent evil of religion' to be both inherently childish and itself always a cloaked political gesture, every bit as much as Religionism. I suppose I could distinguish my brand of atheism from that of Sam Harris by calling him an 'atheismist,' but I won't. You get my point. (Up.)

** This is a not-insignificant component of the process to bear in mind. Perception, that is. Kind of a slippery concept, I know, but sometimes we forget that we're not talking about the unmediated, abstract truth of these things, but rather, the truth of people's perceptions, which—in addition to being very difficult to determine—is frequently unconscious (that is, people don't always perceive the content of their own perceptions). That's one of the reasons why polls are frequently pure garbage. (Up.)

*** Notice that the trick that the Republicans have pulled off over the decades—in concert with the enormous interest group it serves, namely the military-industrial complex—is to eliminate any and all cognitive dissonance between (1) and (2), despite the fact that the 'bloated government' and 'proliferating, unaccountable government bureaucracy' that the GOP claims to so oppose are nowhere more strongly in evidence than in unfunded military spending. Remember that the Bush Administration deliberately left the deficit-spending on the Iraq War off of the books! (Up.)

Tuesday, September 1, 2009

McCain to Cheney: "You're wrong, asshole."

In response to the simple-minded attempt of Richard B. "Dick" Cheney to defend himself by claiming that torture is good for America, the former Republican presidential candidate and former P.O.W., Senator John McCain replies that Cheney's torture programs made the United States less safe and also that the programs were and are criminal.

I like the fact that John McCain and other Republicans -- perhaps a majority of them veterans -- speak out against Cheney's bullshit. The fact is that torture is so patently immoral that it really needs to be seen as the kind of thing, as Slavoj Zizek has stated, that nobody should ever have to point out, much less debate on its merits.

But the fact that McCain is willing to demur publicly and categorically is good for reasons pertaining to what maybe could be called public discourse. Let me explain: The present reader and I agree that, of course, legally sanctioned torture is beyond the pale. That the notion of legally sanctioned torture has so much as appeared in the public conversation (and it has) is itself a nauseating and Orwellian phenomenon.
So: When such a specter is unleashed upon 'civilization', how can it be made obvious to all of our ovine fellow citizens that it is, of course, beyond the pale and self-undermining for our ostensibly free, democratic society to engage in legally-sanctioned torture?

It isn't a matter of convincing people, because anybody who's able to think it through is of course going to oppose it. The problem is those people who don't think but feel. Or, more specifically, who feel in the place of thinking. These are the people for whom Dick Cheney's propaganda proved so effective in mobilizing the bovine United States population into supporting his Hundred Years Oil War.

How do you influence them if you can't convince them? Counter-propaganda? No. That merely serves to further radicalize the terms of the 'debate'. No, you make sure that the discourse is framed in such a way as to oppose clear-thinking, historically minded and morality-based against Cheney's wing-nut fringe.

If the emerging framework -- the one that casts Cheney as the wing-nut/liar that he is -- is to prove durable, we need the John McCains to continue speaking out. The long-term effect of this, I hope, is that during the next Presidential election, we will no longer have candidates of either major party issuing pledges to emulate Jack Bauer in their national security policies.

Sunday, June 14, 2009

An atheist denunciation of Sam Harris.
PART TWO
Harris bends over backwards to justify torture & is an apologist for neoconservative militarism.

Sam Harris. Aw, shucks. What a nice, friendly, moderate, liberal, young man.

Into justifying the use of torture against enemies in the American War On Terror? Then, allow me to introduce you to the Reader's Digest-league philosophical musings of one Sam Harris. The following quotations are taken from an article that first appeared in the Huffington Post back in the halcyon days of 2005. The title of this pièce de résistance is 'In Defense of Torture'.

Golly gee, Sam! responds the unsuspecting HuffPo junkie, as she wraps her Reader's Digest-quality mind around Harris's provocative titular gambit. But isn't torture a bad thing?

Turns out, it's not! Well, not always, anyways. You might not, says Harris, have considered a strange bit of highly technical, jargony whatsit known as the 'ticking-bomb' scenario. If this term of art -- familiar to experts in highly specialized fields of philosophy -- has you confused, don't worry. Uncle Sam's gonna lay it out plain, in old-fashioned, workin'-man's English:

Imagine that a known terrorist has planted a bomb in the heart of a nearby city. He now sits in your custody. Rather than conceal his guilt, he gloats about the forthcoming explosion and the magnitude of human suffering it will cause. Given this state of affairs—in particular, given that there is still time to prevent an imminent atrocity—it seems that subjecting this unpleasant fellow to torture may be justifiable. For those who make it their business to debate the ethics of torture this is known as the “ticking-bomb” case.

Ya see? So, now that we're equipped with the specialty knowledge required for rational discussion of the ethics of torture, we can begin to, as it were, unwrap some of the underlying presuppositions that we tolerant, middle-class, bleeding-heart liberal Americans bring to bear in approaching highly complex ethics of torture. What are these presuppositions....these variables, and in what manner might they becloud our usually adaptable, dynamic and context-sensitive sense of justice? Of right and -- as it were -- wrong?

Well, glad you asked. Turns out that

many variables influence our feelings about an act of physical violence. The philosopher Jonathan Glover points out that “in modern war, what is most shocking is a poor guide to what is most harmful.” To learn that one’s grandfather flew a bombing mission over Dresden in the Second World War is one thing; to hear that he killed five little girls and their mother with a shovel is another. We can be sure that he would have killed many more women and girls by dropping bombs from pristine heights, and they are likely to have died equally horrible deaths, but his culpability would not appear the same. There is much to be said about the disparity here, but the relevance to the ethics of torture should be obvious.

Yes, yes, Sam. Much to be said about the disparity, but no: let's waste no time pondering these disparities! I mean, we're talking about a 'ticking-bomb' here, right? No time to sit and chat! [To be read in the voice of T.V.'s Batman, as portrayed by Adam West:] Mustn't....waste time discussing....things to be said.....about....disparity........Only....time....to.....torture!

.....If you think that the equivalence between torture and collateral damage does not hold, because torture is up close and personal while stray bombs aren’t, you stand convicted of a failure of imagination on at least two counts: first, a moment’s reflection on the horrors that must have been visited upon innocent Afghanis and Iraqis by our bombs will reveal that they are on par with those of any dungeon. If our intuition about the wrongness of torture is born of an aversion to how people generally behave while being tortured, we should note that this particular infelicity could be circumvented pharmacologically, because paralytic drugs make it unnecessary for screaming ever to be heard or writhing seen. We could easily devise methods of torture that would render a torturer as blind to the plight of his victims as a bomber pilot is at thirty thousand feet. Consequently, our natural aversion to the sights and sounds of the dungeon provide no foothold for those who would argue against the use of torture.

Whew. I haven't learned so much since I took Torture 101, sophomore year of high school. Here is an objection: Harris is getting it backwards. The failure of imagination is his own: He confuses the aversion of we middle class Westerners to torture with our aversion to particular sets of aural and visual associations that the concept of torture brings to mind. After all, for 99 percent of inhabitants of the lazy, fat, TV-watching West, the 'conventional' military aerial bombing raid is every bit as unfamiliar to our lived experience as is torture. Therefore: if there is a basis upon which we shall formulate our ethical point of view as regards torture, it is not going to be our (non-existent) lived experience of how the monstrous, barbaric act is carried out. It is even less advisable that we formulate our view by way of comparison to another monstrous, barbaric act with which we also have no firsthand experience.

And anyone who is actually going to formulate his view of the ethics of torture v. the ethics of the aerial bombing raid without reflecting seriously upon his personal estrangement from the actual physical, lived circumstances of both is someone who lacks the imagination and empathy to defer to the firsthand testimony of others who have actually experienced these horrors. He is someone who is so myopic and solipsistic as to base his impressions of the outside world entirely on television shows crafted especially for fat uneducated rednecks: easy targets for indoctrination into ethical dispositions that would have seemed unthinkable and certainly un-American just a few years ago.

Shows like Fox's 24, which dramatizes during each episode at least one, if not two or three instances of Harris's 'ticking-bomb' scenario.

By the way, in real life, do you want to know how many times the 'ticking bomb' scenario has occurred? NEVER. Not once.

The creator of 24 -- a ultra-neoconservative whack-job called Joel Surnow -- knows that his award-winning show's portrayal of torture as useful, ethically sound, and consistent with American values in fact bears no relation to reality. And yet, he feels that his show is "patriotic."

Joel Surnow, creator of TV's 24: Doesn't he look like a guy who has chronic erectile dysfunction?

Patriotic, huh? Well, I think that Surnow is poisoning the well of civil discourse, imbuing people's commonsense notions of what it means to be a patriotic American citizen with an ideologically calibrated and exceedingly reckless fabrication that taps into the bloodlust, cultural resentment and aimlessness of wide swaths of an especially vulnerable (and, for a host of reasons, ticked-off [so to speak]) American population. Whatever vision Surnow wishes to advance of what it means to be an American is glaringly at odds with the vision shared by George Washington, Thomas Jefferson and Patrick Henry.

One thing that I find galling about this is: where the hell is the sex and violence on T.V. crowd? I mean, is it, like, the new thing among Conservative White Evangelical Christian parents to say: "Well, sex is still bad, but violence may now be okay in particular circumstances; as long as it takes the form of lots and lots of explicit, gruesome, agonizing dehumanizing torture"?

I mean, I'm a First-Amendment Fundamentalist and feel that censorship in any form functions to undermine the capacity of human beings to live in the real world. But, I feel tempted to drive a pickup truck out to some megachurch tomorrow and ask the hoards of Bible-thumping parents: do you really want to bring your kids up in an American society in which torture is seen as not only acceptable but patriotic?

My answer's no.

Look: anyone that knows me will tell you that despite my habit of chatting about politics ad nauseum, I'm not much of a going-out-into-the-streets-and-chanting-things-through-megaphones type. But if there's any issue I'm passionate about, it's this one. As far as I'm concerned, to so much as attempt to justify legalizing torture on the basis of its putative utility is itself INSANE. Like, for instance, this washed-up mockery of a law professor

Alan Dershowitz: One of O.J. Simpson's defense attorneys. The first time around.

-- you know, Alan Dershowitz, the guy who was among the lawyers that represented O. J. Simpson? -- has written articles and even appeared on television proposing a law that would make torture legal under certain circumstances. Which circumstances? Why, of course, the ticking-time bomb scenario. You know, the one that's never ONCE happened in real life? His proposed law would, however, require getting a warrant from a judge. Now, honestly, would you want to become a judge if you knew that it meant periodically signing off on waterboarding people? It's a good thing no sentient human could possibly give a shit what Dershowitz says.

Should the neoconservative tendency ever -- God forbid -- show signs of reemergence on the scale of the pre-Iraq War National Brainwashing Project, I think it will likely be entirely necessary for the quote-unquote 'secular Left', Left-leaning Catholics and the non-evangelical Protestant Left to join forces with anti-torture portions of the evangelical Christian community in order to block the truly chilling specter of legally sanctioned torture from coming into existence.

Anyway, back to Sam Harris. Our friendly atheist continues his tortured explanation of why torture should be okay with us (albeit only in the specific circumstances that, as we have discussed, have never once occurred):

To demonstrate just how abstract the torments of the tortured can be made to seem, we need only imagine an ideal “torture pill”—a drug that would deliver both the instruments of torture and the instrument of their concealment. The action of the pill would be to produce transitory paralysis and transitory misery of a kind that no human being would willingly submit to a second time. Imagine how we torturers would feel if, after giving this pill to captive terrorists, each lay down for what appeared to be an hour’s nap only to arise and immediately confess everything he knows about the workings of his organization. Might we not be tempted to call it a “truth pill” in the end? No, there is no ethical difference to be found in how the suffering of the tortured or the collaterally damaged appears.

All right. Instead of responding myself, why don't I just go ahead and quote George Orwell? The following is from 1984, in particular from The Theory and Practice of Oligarchical Collectivism, by Emmanuel Goldstein, a copy of which the novel's protagonist Winston Smith is given to read by O'Brien, an Inner Party member who initiates Smith to the "Brotherhood," a secret organization that plots to overthrow the Party. Read this excerpt -- which lays out candidly the function of torture in the totalitarian state -- and compare it with Harris's assertions:

In Newspeak there is no word for 'Science'. The empirical method of thought, on which all the scientific achievements of the past were founded, is opposed to the most fundamental principles of Ingsoc. And even technological progress only happens when its products can in some way be used for the diminution of human liberty. In all the useful arts the world is either standing still or going backwards. The fields are cultivated with horse-ploughs while books are written by machinery. But in matters of vital importance -- meaning, in effect, war and police espionage -- the empirical approach is still encouraged, or at least tolerated. The two aims of the Party are to conquer the whole surface of the earth and to extinguish once and for all the possibility of independent thought. There are therefore two great problems which the Party is concerned to solve. One is how to discover, against his will, what another human being is thinking, and the other is how to kill several hundred million people in a few seconds without giving warning beforehand. In so far as scientific research still continues, this is its subject matter. The scientist of today is either a mixture of psychologist and inquisitor, studying with real ordinary minuteness the meaning of facial expressions, gestures, and tones of voice, and testing the truth-producing effects of drugs, shock therapy, hypnosis, and physical torture; or he is chemist, physicist, or biologist concerned only with such branches of his special subject as are relevant to the taking of life.
The banality of evil, indeed. Of course, as we know, O'Brien turns out not to have in fact been a member of "The Brotherhood," but is in fact himself a scientist -- a psychologist -- working for the totalitarian regime. For Big Brother. He applies his expertise in precisely the manner elaborated in the above excerpt.

Harris is said to be pursuing a Ph.D. in neuroscience from UCLA. Hmmm.

I shall conclude with a voice of sanity, that of the legal scholar David Luban (Virginia Law Review, 9/15/05):
The only reasonable inference to draw from these recent efforts by the government to defend its actions is that the torture culture is still firmly in place, notwithstanding official condemnation of torture. Indeed, given that lawyers at the highest levels of government continue to loophole the laws against torture as energetically as ever, more than half a year after the Abu Ghraib revelations, the only reasonable inference to draw is that the United States government is currently engaging in brutal and humiliating interrogations. At most, torture has given way to CID. The persistence of interrogational brutality should surprise no one, because the liberal ideology of torture fully legitimizes it. The memos illustrate the ease with which arguments that pretend that torture can exist in liberal society, but only as an exception, quickly lead to erecting a torture culture, a network of institutions and practices that regularize the exception and make it standard operating procedure.

For this reason, the liberal ideology of torture, which assumes that torture can be neatly confined to exceptional ticking-bomb cases and surgically severed from cruelty and tyranny, represents a dangerous delusion. It becomes more dangerous still coupled with an endless war on terror, a permanent emergency in which the White House eagerly insists that its emergency powers rise above the limiting power of statutes and treaties. Claims to long-term emergency powers that entail the power to torture should send chills through liberals of the right as well as the left, and no one should still think that liberal torture has nothing to do with tyranny.

Wednesday, October 15, 2008

Washington Post: The White House endorsed CIA waterboarding policy in classified memos in 2003-2004






Condoleezza Rice:
Authorize torture?
No problem! Where do I sign?



Richard "Dick" Cheney: The Constitution
exists solely to make it easier for me to
lie. Disagree? Let's see if you disagree
under torture, muthafucka!

According to the Washington Post, the George W. Bush White House gave the explicit thumbs-up to the secret CIA torture of terrorism suspects:

The Bush administration issued a pair of secret memos to the CIA in 2003 and 2004 that explicitly endorsed the agency's use of interrogation techniques such as waterboarding against al-Qaeda suspects -- documents prompted by worries among intelligence officials about a possible backlash if details of the program became public.

The classified memos, which have not been previously disclosed, were requested by then-CIA Director George J. Tenet more than a year after the start of the secret interrogations, according to four administration and intelligence officials familiar with the documents. Although Justice Department lawyers, beginning in 2002, had signed off on the agency's interrogation methods, senior CIA officials were troubled that White House policymakers had never endorsed the program in writing.

The memos were the first -- and, for years, the only -- tangible expressions of the administration's consent for the CIA's use of harsh measures to extract information from captured al-Qaeda leaders, the sources said. As early as the spring of 2002, several White House officials, including then-national security adviser Condoleezza Rice and Vice President Cheney, were given individual briefings by Tenet and his deputies, the officials said. Rice, in a statement to congressional investigators last month, confirmed the briefings and acknowledged that the CIA director had pressed the White House for "policy approval."

The rest of the article documenting this charming matter can be found here.


Our United States President: Never seen a torture I didn't approve of -- in writing!


Stop the creeping fascism of the GOP! Seriously. Let's stop these cynical, racist, authoritarian, totalitarian motherfuckers before it's too late. Who else is going to stop them? Antonin Scalia?

Thursday, June 12, 2008

Boumediene v. Bush: The moral legitimacy & political sustainability of America (i.e.: a future for her citizens) preserved by a narrow margin.

The decision of the Supreme Court's decision in Boumediene v. Bush has preserved the commitment of the United States of America to the rule of law, albeit by the narrowest of margins.

Justice Anthony Kennedy's majority opinion has of course provoked outraged sophistry, whiny self-righteousness and reckless hyperbole among the hired goons of the far Right. That's to be expected. Also to be fully expected is Justice Antonin Scalia's reckless, hyperbolic, whiny, self-righteous and outraged dissent. Scalia's dissent claims that Americans will certainly die as a consequence of the recognition of habeas corpus rights with respect to Guantánamo Bay detainees.

Uh. Even if Scalia's proclamation were somehow true -- which it isn't -- is Scalia asking us to accept a choice between (1) risking death as citizens of a nation that protects our civil liberties and (2) enjoying a marginally smaller risk of death as citizens of an authoritarian/totalitarian state in which our civil liberties can be brushed aside?

Scalia's not just a bully, but he's also a bully who's wrong. Moreover, he's hypocritical. For all of his rhetoric that his supposedly "originalist" jurisprudence somehow preserves political disinterestedness in Supreme Court decisions -- which he repeatedly claims to distinguish his jurisprudence from that of his colleagues -- his dissent is so brazenly political that Fox News/the Washington Times/the Weekly Standard/Rush "Pill-Popper" Limbaugh won't even need to ask their interns to "massage" the text of his incendiary remarks in order to fashion them into highly charged pieces of hard-Right propaganda. You can almost hear John Williams's fanfare-for-evil "The Imperial March" from The Empire Strikes Back.

Anyway, re the choice between liberty and life, I believe that we Americans were presented with a fantastic moral calculus in sixth grade history class:

Give me liberty, or give me death!

You know what? We should wake up and start addressing the real national security problem, which is that the Republican Party believes that the moral, legal and political authority of the United States can and should be bought and sold in times of national crisis or emergency.

Our future hinges on the durability of the rule of law, of civil rights. Without those things, all is lost. Fuck anyone who says otherwise. No one over the age of 50 had better dare to tell me otherwise, because this is an issue that concerns my future children. It's not about Scalia, nor is it about his children, nor is it about George W. Bush.

These people will all be dead and gone by the time the true ramifications of their negligence are felt, and most of their money will be gone with them. When the dust settles, the only thing that will matter to me, my loved ones, and to my children is whether or not I live in a nation of laws, in which civil liberties, due process and constitutional rights remain intact.

And so I take it very personally when Scalia mouths off about overriding these constitutional protections in order to preserve human life. Without our constitutional rights, we have no life, and we certainly can't in good faith expect to provide any kind of life for our children. Fuck you, Scalia: what about preserving my life? What about preserving the possibility of the lives of my children?

But, alas, Scalia's dissent isn't about me. And it isn't about you, Dear Reader. It has nothing to do with the document that protects us from totalitarianism and tyranny: U.S. Constitution. No, Scalia's dissent is about politics. More specifically: cultural politics. More specifically: the right of a small vanguard of ideological Executive Branch wackjobs to exercise unchecked power to break the law and violate the Constitution -- all of this under the cover of secrecy and without the slightest worry of ever having to be held accountable for chopping down the few remaining bulwarks that hold the tatters of our country aloft.

A succinct New York Times editorial gets it right: "Justice 5, Brutality 4." I had all but given up on the rag.

Seriously: why don't you read the opinion? Also, give a listen to the oral arguments, in which the razor-sharp questions posed by Justices Souter and Breyer will make you want to stand up and cheer.

Sunday, March 23, 2008

Slavoj Zizek on why debates about the legitimacy of torture are terrifying in and of themselves.


This op-ed, by philosopher and cultural theorist Slavoj Zizek--and amazingly, among other things, onetime presidential candidate in Slovenia, his country of origin--was published one year ago in The New York Times. Zizek's argument may be summarized as follows: 1) under our current political regime, a discourse concerning the moral legitimacy of torture has been opened, 2) this opening is irreversible structurally, and 3) the disturbing consequences will linger far beyond current political contingencies.

"In a way,” writes Zizek, “those who refuse to advocate torture outright but still accept it as a legitimate topic of debate are more dangerous than those who explicitly endorse it.” He argues that although accepting this discourse as legitimate might leave untarnished the “individual conscience” of the enlightened, Western torture-opponent, this is at the expense of transforming irrevocably our public morality, which he locates in Hegel’s “‘objective spirit,’ the set of unwritten rules that form the background of every individual’s activity.”

Let's say you're a libertarian--in the American sense: you know, people like Alan Greenspan and the Unabomber--and you're thinking that the whole idea of public morality is for the birds. And so why should you care what this slobbering old Marxist has to say about torture? Well, then. Zizek presents a persuasive case (for the fact that you're an asshole):

For example, a clear sign of progress in Western society is that one does not need to argue against rape: it is “dogmatically” clear to everyone that rape is wrong. If someone were to advocate the legitimacy of rape, he would appear so ridiculous as to disqualify himself from any further consideration. And the same should hold for torture.

I'm not alone in my frustration with the insufficiently critical stance of most everyone in positions of authority--particularly people who are at least vaguely left of center, who really should know better--toward the Bush Administration’s policies and conduct. (I won't bore us with the list, which includes the undermining of the rule of law and due process, lying to prosecute immoral wars, the expansion of unchecked Executive Branch powers...) In my outrage, I'm often quick to attribute this silence and complicity to mere economic standing: you know, everyone--particularly the Baby Boomers, who have all the money and votes--is too fat and happy to give a shit, etc.

It would be more productive for me to think of it this way: perhaps people--on the Left included--are used to taking stock of ‘where they stand’ on most moral issues. How might we redirect our attention to the matter of: where are these questions taking us?