Showing posts with label culpability. Show all posts
Showing posts with label culpability. Show all posts

Sunday, November 4, 2012

Here's an Idea, Don't Vote: Christianity and the Moral Society

There's an election in a few days. Have you heard? This will come as a shock to no one who has ever visited this site, but I will not be voting this year. I also didn't vote four years ago. Or four years before that. Or...you get the drift. As a committed old, tried and true Christian anarchist, I have watched the campaign season very closely, the way I might watch a really interesting football game, or a Spike "world's most unbelievable car crashes" marathon. Politics--infinitely more than contact sports and traffic accidents--has proves itself again and again to be irredeemably violent. Beyond that basically standard pacifist complaint, however, I would like to offer three reasons why I, as a Christian, am not voting and, wait for it, why I encourage other Christians not to vote either. If you're not a Christian, you should vote; it'd be a shame if you didn't. (Not nearly as big a shame as it is that you're not a Christian, of course.) In any case...

One of the most common arguments I hear in favor of the notion that Christians have a duty to vote is that by not voting we are allowing society to slip deeper and deeper into the quagmire of sin. By not casting my vote--typically in this scenario for the Republican candidate, but it can go either way--I become culpable for constructing a society in which school children can see a man kissing another man on a taxpayer funded field trip to an abortion clinic. (Or, if you prefer, I become culpable for constructing a society in which a misogynistic plutocrat can oppress the poor, shackle his wife to the kitchen--metaphorically or literally--and deny life-saving medical treatment to his cancer-ridden, home-schooled daughter because God told him to.) Setting aside entirely the philosophical issue of moral culpability in the absence of intention or action, there is a more obvious problem here with the way Christians have come to understand their role in constructing a moral society.

It is simple enough to begin this argument with the rather inoffensive statement that God is omnipotent. As a subset of this omnipotence, it also seems fairly obvious to indicate that it is within God's capability to prevent people from doing evil. For those of us committed to the notion of free will (and I'm sure I'll lose some of you here), that God choose is not to prevent people from doing evil is an expression of a moral truth no less crucial than God's omnipotence: compulsory goodness is no goodness at all. God, in structuring the world, has made it evident to humanity that agency is a prerequisite for morality. That is why Jesus went to such great length to convince people of the value of the ethical teachings he proclaimed. Had he wanted to, ♫ he could have called ten thousand angels ♫ and told the world, "Love one another, or else." But he didn't. Christ, the great king, unlike every government devised by man put morality in the hands of human agents and tried to persuade them to make the right decisions.

You can see where I'm going with this, and it sounds nice in theory. But you're a good, Bible-believing Christian. If only there were a verse that clearly stated that it wasn't Christians' job to police the morality of the world. Enter Paul:

I wrote to you in my letter not to associate with sexually immoral people— not at all meaning the sexually immoral of this world, or the greedy and swindlers, or idolaters, since then you would need to go out of the world. But now I am writing to you not to associate with anyone who bears the name of brother if he is guilty of sexual immorality or greed, or is an idolater, reviler, drunkard, or swindler—not even to eat with such a one. For what have I to do with judging outsiders? Is it not those inside the church whom you are to judge? God judges those outside. “Purge the evil person from among you.”

I give you the context there so you can understand where Paul is coming from. There is rampant immorality in the church in Corinth--quite unlike the pure, wholesome churches of America--but it would seem that the Corinthians still seem more interested in condemning those nasty pagans with their nasty habits. Paul will have none of it. The purity of the world is none of his concern. He understood then what so few seem to understand now: it is foolish to expect non-Christians to act like Christians. You might as well beat your head against a wall. It would certainly elicit more sympathy than trying to beat the gay out of people.

The responsibility for Christians to construct a moral society is simple. The church is holy, and it is our job as Christians to keep it holy. The world is not holy. It has been given over to the lusts of impure hearts, to dishonor, to self-destruction, and to folly. Christians can purify the church; God will purify the world--with fire, no less, but don't tell limp-wristed, left-wing, bleeding hearts like me that...we can't handle the imagery. God is not interested in forcing people to behave. You can choose to live as a Christian or you can choose to live as a pagan. According to Paul, the only thing the church needs to worry about is making sure that it is composed only of those who are choosing to behave like Christians.

As for the residents of the rest of society, they are going to keep having abortions. They are going to keep going keep stealing, embezzling, defrauding, and withholding while people literally die in the streets. They are going to keep debauching themselves in inventive ways, videotaping it, and distributing it for a small monthly fee on the Internet. They are going to keep getting drunk, stoned, and...well, I lack the appropriate drug vernacular to put together a good list, but you see where I'm going.

Society will continue to be the Roman society that existed in the days of the apostles. The only difference between Paul and Christians now is that democracy has led us into the delusion that, having failed to do the difficult work of convincing the world that God is good and sin is bad, we can just pass a law and make everyone righteous. It won't work. We shouldn't try. It's wrong.

[Reason 2; Reason 3]

Wednesday, March 7, 2012

Science, Adolescence, and Legal Culpability

It is important to begin with the disclaimer that it is not here my intention to discuss moral culpability, particularly given that the focus will be on the possibility of a diminished culpability. I do not in any sense advocate acceptance of diminished moral culpability which would be inconsistent with a belief that morals operate in absolute categories. Moreover, with specific regard to adolescence, I have more or less entirely abandoned the self-serving and unbiblical doctrine of an age of accountability which had been taught me in my youth. As I get older (and hopefully wiser), I increasingly see the value in the historic Christian recognition of sinful impulses even in infancy. This is not, however, the place to argue either the absoluteness of morality or the moral culpability of children. Instead, I want to look at the possibility of a diminished legal culpability.

On this point, the recent Chardon High School shooting has caught my attention and specifically the recent indications that T. J. Lane will be tried as an adult. The legitimacy of trying minors as adults is, admittedly, difficult to navigate. The arbitrary nature with which American children are unceremoniously ushered into adulthood functions both to retard legitimate maturation in those still technically minors (consider the contentious age of consent laws) and to foist tremendous responsibility onto an unprepared, uninformed section of the populace (consider the rapidity with which teenagers are allowed to legally accrue massive student loan debt). There seems to be legitimate cultural argument both for treating the crimes of minors as intrinsically different and for occasionally ignoring that distinction when appropriate. The question is, and ought to be, how to distinguish between times when it is appropriate to recognize the unique legal status of minors and when it is necessary to ignore it. The state of Colorado offers three primary criteria for consideration:

  • The age of the offender.
  • The offender's previously criminal record.
  • The severity of the crime.


At first glance, this seems like a relatively reasonable, objective rubric for determining the level of legal culpability for minors. Yet I wonder if perhaps the science which underlies our distinct treatment of minors might not reveal that one of these categories is
substantially weaker than the others. It is important to realize that the argument for a diminished legal capacity is not merely cultural but neurological. Studies on teenagers having shown that "impulse control, planning and decisionmaking are largely frontal cortex functions that are still maturing during adolescence...In sum, a large and compelling body of scientific research on the neurological development of teens confirms a long-held, common sense view: teenagers are not the same as adults in a variety of key areas such as the ability to make sound judgments when confronted by complex situations, the capacity to control impulses, and the ability to plan effectively. Such limitations reflect, in part, the fact that key areas of the adolescent brain, especially the prefrontal cortex that controls many higher order skills, are not fully mature until the third decade of life. Teens are full of promise, often energetic and caring, capable of making many contributions to their communities, and able to make remarkable spurts in intellectual development and learning. But neurologically, they are not adults."

With this in mind, it is easy to see why the age of the offender is a legitimate concern for determining legal culpability. After all, physical maturation is directly correlated to the ability of the brain to delay gratification. In lacking a fully functional ability to control impulses, positive and negative, adolescents cannot be held responsible for their actions at an equal level with adults who presumably have the ability to resist criminal urges. Certainly the case can be made that age is an inadequate indicator of physical and psychological development (hence the flaw in age of consent laws), but in the absence of a pragmatic alternative it makes sense to employ age as an important category. There is even logic to including the offender's previous criminal record, insofar as previous encounters with the judicial system ought to have acted as a catalyst for forming connections between criminal behavior and its consequences. Whatever may be said about the development of the frontal cortex in adolescents, even a dog can learn not to chew on your shoes after having been smacked with a rolled up newspaper a requisite number of times.

The connection between the severity of the crime and legal culpability seems less substantial. The scientific basis for trying minors as minors rests on what is tantamount to a mental defect on the part of teenagers. The adolescent mind lacks the necessary maturity--in an anatomical not a cultural sense--to entirely grasp the severity and repercussions of its actions in the moment. If not completely impotent, adolescents are at least severely disabled as they attempt to govern their baser impulses, maps out the consequences of their actions, and sympathize with a reality beyond their limited scope of contact and power. In other words, it is the very fact that a fourteen year old can shoot someone almost as easily as he or she could pat someone on the back which requires minors to be treated differently by the legal system. Given this psycho-physiological handicap, how can we include the severity of the crime in the calculation? It is the inability to conceive adequately of severity that constitutes the essence of the adolescent problem.

Which brings us full circle back to T. J. Lane. Admittedly, at seventeen, he is approaching the legal threshold for adulthood, and his ability to grasp the consequences of his actions in the moment may have been more developed than not. Certainly there is some question as to his background which may come to light as the judge debates whether or not to release his county social services record. Still, I cannot help but wonder if the push to have Lane tried as an adult has less to do with a reasoned philosophy of legal culpability and more to do with the blood lust of the community on behalf of the victims. After all, it is hardly overly cynical to suggest that Lane's crime warrants national attention and judicial rigor not because three people died but because they died in a white, suburban high school. (Based on CDC numbers, an average of eighty-four nameless, faceless people die every day in America from violence involving guns--some legal, most not.) Aside from race and affluence, what makes these deaths so heinous is that they were children, in a state of presumed innocence, whose lives did not deserve to be cut short when they had so much growing and developing left to do. I submit, that T. J. Lane, no less a child than his victims, deserves the same consideration.

Saturday, June 25, 2011

Causality vs. Moral Culpability

The issue of causality vs. moral culpability has been weighing on my mind for months now. The more I mull it over, the more I am startled by our culture's unwillingness to make any effort to change its behaviors and perceptions for fear that it will somehow be an admission of guilt. It is as if, in ignorance, we have collectively walked into a bear cave and been mauled, but rather than agreeing that we should avoid bear caves in the future we keep walking foolishly into them because to stop would be a tacit admission that we were somehow guilty of our own mauling. It’s nonsense, plain and simple.

In conjunction with my reflections on The Obedient Wives Club, I promised to give a fuller discussion of this problem. This is it. My thoughts on this coalesced in response to a story that broke back in March, and I wrote the below then. If facts have changed in the particular case in question, there may be some factual inaccuracies or at least some strokes imprecisely brushed. The point, however, remains the same.

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There is a difference between causality and moral culpability that is critical for the construction and preservation of a healthy society. Unfortunately, this distinction is not only not acknowledge but is feared, with the ultimate consequence being that in an effort to empower victims, we actually ensure a sort of universal victimization. Let me explain.

For every moral event, there is both a morally neutral set of causes which brings about the event and a moral actor who is the cause of the event itself. Moral culpability necessarily resides in the latter, but, with the exception of omniscient and omnipotent beings, the moral actor cannot have exhaustive power over the former category. While the emphasis of my point will be on negative moral actions, let me illustrate this principle first with a positive example. Let us imagine that your spouse needs you to go to the grocery store on a stormy day. When you arrive, you are forced to park at the back of the parking lot. There you see a woman without an umbrella carrying a baby. You go to her and offer to share your umbrella.

From a deterministic perspective, we can posit an infinite causal catena or, if you prefer, an immense chain of cause and effect which stretches back to the beginning of the universe (be it in God or in natural causation) leading to any particular interchange, including the one described above. For practical purposes, however, let us admit a number of more direct and evident causes. First, had it not been raining, there would have been no need either for you to have your umbrella or for you to offer it to the woman. Furthermore, had the woman not forgotten her umbrella, you never would have acted virtuously in offering yours to her. Finally, had your spouse not needed you to go to the store, you would never have encountered the woman.

All of the above, I hope, is entirely self-evident. I hope it is equally obvious that any moral culpability (and here, I intend both positive and negative moral value) belong to you alone as the moral actor. The fact that an obvious causal connection can be seen between your spouse needing groceries and your moral action does not lead you automatically to impute moral virtue to your spouse. Even more nonsensical would be to suggest that the woman with the baby is morally virtuous because had she not been there without an umbrella you never would have behaved virtuously. The recognition of causality has essentially no bearing on moral culpability.

With the principles thus laid out--hopefully in a way that is totally uncontroversial--I will shift to address negative moral action, first in a hypothetical case and then in the actual case that has spawned this musing. Let us take the same inoffensive logic that recognized causality but imputed moral virtue only to the moral agent at the grocery store and apply it to a touchier subject. Imagine now that you asked your spouse to go to the grocery store on a stormy night, New Years Eve to be precise. While driving to the store, your spouse’s is engaged in a fatal collision with a drunk driver. Looking once again at the obvious and direct causes, we can say that had you not needed groceries, it is likely that your spouse would be alive. Had it not been stormy, it is likely that your spouse would be alive. While there may be some impulse in us to blame God for making it rain or yourself for needing the errand run, ultimately we know that moral culpability for the death is on the moral actor alone: the drunk driver.

Let me go a step further, however, and point out that neutral moral causality is not entirely out of our hands. While it may be psychologically dangerous to dwell on this in the actual instance of tragedy, for the purposes of our hypothetical let us admit that we can make a reasonable assumption about the danger of driving on New Year’s Eve (when drunk drivers abound) in stormy weather. Had we been thinking with a level head about the dangers of driving when compared with the pressing need for groceries, we may very well have concluded that it would be better to wait rather than risk grievous injury. We make these kind of decisions all the time, trying to control or predict insofar as is possible for us the various morally neutral causes which may come to bear on our lives. If you don’t want to get mugged, don’t walk down a dark alley at night. It is common sense.

I imagine at this point, if you have bothered to read that interminable build up, that you may be wondering if anything of any real substance will be said, anything which runs against the grain. In truth, I agree that all of the above seems totally innocuous. There has been, however, outrage over a recent story about a young girl who was gang raped by nearly twenty men. More to the point, there has been outrage over some of the coverage of the story which quotes members of the girl’s community describing her dress and behavior as promiscuous. The culprit in question is the New York Times which reported:



Residents in the neighborhood where the abandoned trailer stands — known as the Quarters — said the victim had been visiting various friends there for months. They said she dressed older than her age, wearing makeup and fashions more appropriate to a woman in her 20s. She would hang out with teenage boys at a playground, some said.



“Where was her mother? What was her mother thinking?” said Ms. Harrison, one of a handful of neighbors who would speak on the record. “How can you have an 11-year-old child missing down in the Quarters?”



I am sure that we would all agree that the act perpetrated by these men is truly despicable and that they alone are responsible for it. It would, in fact, be wrong to try to defer any blame for what happened onto this girl or her parents. None of that is in question, and frankly none of that is truly addressed by the quotes which the New York Times reported. It would appear, at first blush, that the members of the community of Cleveland cannot totally ignore causality. It is something which we ought to be able to recognize, perhaps even intuitively and particularly those causes which are within the realm of our control. Certainly, anyone can be raped, and there is nothing to say that an Amish woman locked in an isolated country home with a state of the art security system (if you can even imagine such a thing) still couldn’t be raped. In theory. From the perspective of our experience though, we know that if you go jogging alone at night, you are at risk. We know that if you let a stranger mix your drinks, you’re at risk. And if you let your eleven year old daughter present herself to the public as an object of sexual desire, dressed immodestly and surrounding herself with older males, then you can imagine that she is at risk. Not at fault, mind you, but at risk.

And why shouldn’t we notice that with relation to this story? We tell women never to go jogging alone at night. We tell women not to let strangers mix their drinks. It is that same logic which ought to permit us to say, “Look! Our culture creates permissive parents and children who think that promiscuity will lead to happiness. Maybe that has something to do with a world where twenty men can gang rape a child.” There is nothing in that which says, “She got what she deserved,” nothing which tries to mitigate the legal or moral responsibility of the rapists. It only recognizes causality and suggests a preventative.

In a perfect world, we could behave in ways which are morally neutral without any thought of evil. I could send my wife to the store and would only need to worry about events which were truly accidents. People would stop at stop signs, never drink and drive, and never take advantage of opportunities for sin. Shocking as this may be for the more delicate among you, however, we do not live in such a world. In the treacherous endeavor of navigating through life, it is pragmatic (if not always encouraging) to remember that humanity is a base, degenerate group of semi-rational beasts. For every saint who offers an umbrella to a drenched mother there is a vicious, nasty, brutish scoundrel who cares only for himself. If you don’t want your wives and daughters raped, then don’t send them out on the street in clothing which invites sexual objectification. It is no guarantee, but it is a cause which is within our limited sphere of control. You are all welcome to defend parents rights to be as negligent as they please and a person’s right to be as reckless as he or she pleases, but I dare say that it would be more constructive for us as a society to take instances like these as nauseating object lessons in the necessity of living shrewdly but innocently in a world which demands both.