Inconceivable!
Is fertility a health issue or a lifestyle choice?
This month a health care refom advisory panel will meet to consider whether contraception should be offered free of charge as a form of preventative medicine, the AP reports. Healthcare reform of course poses many questions concerning how medical services are paid for and delivered. But, as the AP notes, social mores are at the heart of this latest question.
Contraception is a controversial tool for preventing pregnancy, with many religious movements banning it outright. At the heart of the argument against free contraception is that the use of contraception is a lifestyle choice, not a health issue. As the president of the National Catholic Bioethics Center notes, “there are other ways to avoid having children than by ingesting chemicals.”
All other things equal, should the use of contraception be thought of as a health issue or a lifestyle choice? And should it matter for whether it is provided free as a form of preventative care? Read more
Play the game
Video games, value, and free speech
The Supreme Court will soon hear a case concerning the state of California’s right to regulate the sale of violent video games to minors. Writing for The Washington Post, game designer Daniel Greenberg thinks that the First Amendment should protect video games. His argument relies on the value of video games:
Gameplay is a dialogue between a player and a game. Reading a book or watching a film can also be considered a dialogue, but the ability of the audience to respond is far more limited. […]The exploration and self-discovery available through books and movies is magnified in video games by the power of interactivity. A new generation of games features real changes in the story based on the morality of a player’s decisions. Mature-rated games such as “BioShock,” “Fable 2″ and “Fallout 3″ go far beyond allowing players to engage in imaginary violent acts; they also give players meaningful consequences for the choices that they make.
Leaving aside the specific jurisprudence of the First Amendment, this raises a number of moral issues.
First, does speech have to be valuable in order for it to be protected? In order to answer this question, we should ask why we protect free speech at all. Read more
Guest Post: The dignity of the prostitute
“Human dignity” demands that we must (never) legalize prostitution
Last week, a judge in Canada’s largest province struck down the country’s federal laws criminalizing prostitution. Judge Susan Himel of the Ontario Superior Court ruled that prohibitions on prostitution infringed Canadians’ constitutional rights to freedom of expression and to security of the person. If the decision is upheld at the federal level, Canada will join countries such as Germany and the Netherlands and states such as Nevada where prostitution is, to varying degrees, legal.
The legalization of prostitution is not currently a live issue in the United States, but a major policy change from our neighbour and largest trading partner could prompt a re-examination of the issue. Such a debate would likely pit progressive against progressive and conservative against conservative. In the prostitution debate, the camps are separated less by the traditional right versus left dividing lines, and more by a disagreement regarding the meaning of “human dignity.”
Although prevalent in Enlightenment thinking, the idea that states must respect human dignity entered the political and philosophical vernacular following the adaptation of the Universal Declaration of Human Rights in 1948. Since then, liberal and constitutional theorists have struggled to define what, exactly, respect for human dignity by the state entails.
Liberal theory encompasses two different conceptions of what constitutes respect for human dignity, which point to two radically different conclusions in the debate over prostitution.
Ballad of an obese man
Liberalism, free choice, and Happy Meals
It has been reported that the city of San Francisco is considering an ordinance that would ban toys in kids meals unless the meals contain fruit and vegetable portions and limits calories. While the proposed ban applies to all restaurants, it is targeted specifically at McDonald’s and their infamous Happy Meals.
There is little doubt that childhood obesity is a serious problem in the United States, and that the government has an interest in fighting it. Furthermore, drawing on contemporary liberal theory, I think it is pretty easy to justify at least some laws aimed at regulating public health. However, it is far less clear how a law as harsh and direct as banning Happy Meals can be justified. Read more
Worlds apart –why an open society may be better after all
On Monday, Han wrote about Thomas Friedman’s Op-Ed in the New York Times on the
“green economy,” contrasting the technocratic approach of China’s authoritarian rulers with the haphazard and undirected approach of the American political system. Han suggested that technocratic and authoritarian governments may have an advantage for costly but necessary endeavors.
There is certainly an allure of decisiveness and efficiency under technocratic rule. Thomas Friedman quotes the chairwoman of the Joint U.S.-China Collaboration on Clean Energy as saying that “There really is no debate about climate change in China.” But climate change is not the only issue on which public debate in China is absent.
In China, internet search terms such as “freedom,” “democracy,” and “demonstration” are blocked, as are some sites on health, education, news, entertainment, religion, pornography, Taiwan, and Tibet. Sometimes the bans extend to academic sites. In January of 2009, the Chinese government even censored Obama’s inauguration.
If technocrats are to monopolize decision-making, then they cannot be questioned or challenged meaningfully. This is worrisome, not only because the technocrats won’t get it right every time. John Stuart Mill once pointed out that the absence of debate leads to orthodoxy, rigidness, and most importantly stunted intellectual growth. Inertia and resistance to necessary change can plague authoritarian societies as much or more than democratic ones. Not only do liberty and political equality suffer, but so does the very development of societies and individuals.
Technocratic societies in the past have sometimes been able to make remarkable achievements in a brief time span. The Soviet Union not only launched Sputnik and led the world in rocketry but also aggressively promoted literacy and women’s rights. But these achievements did not last. Russia today is hardly a bastion of progressivism, prosperity, and innovation. Without intellectual diversity and debate, the promise of progress cannot be realized in the long run.
-Charles
Image by Flickr user sofafort used under a Creative Commons Attribution License
Sex sometimes involves money
Is it still just sex?
Last Friday, Craigslist censored the Adult Services section of its website after attorneys general in 17 states accused the site of aiding human trafficking and prostitution. By all accounts, the move is almost entirely symbolic. There are still plenty of thinly-veiled references on the site to erotic services. And Melissa Grant at Alternet condemns the singling out of Craigslist as hypocritical and counterproductive.
The crimes that Craigslist is accused of abetting – human trafficking and prostitution – are separate but related. One is the unlawful movement of people for exploitive purposes, namely forced sex or labor. The other is the unlawful involvement of people in sex acts for money. Read more
Morality and gaming
Why banning realistic depictions of war in games is wrong
The BBC reported on Monday that British Defense Secretary Liam Fox has continued to defend comments he made calling for a retail ban of the newest Medal of Honor game. The publishers of the game, Electronic Arts, have defended it and accused Fox of portraying its content unfaithfully.
Fox denounced the game on Sunday, saying it was “shocking that someone would think it acceptable to recreate the acts of the Taliban against British soldiers.” Fox also made an appeal to patriotism, arguing that this new installment of the franchise is a “thoroughly un-British game.”
His comments can be seen in the context of a larger crusade against objectionable content in videogames that has involved some of the best-selling games of all time, including the Grand Theft Auto series and the newest installment of the Call of Duty series.
Arguments against these games usually claim that their content is immoral, obscene, or in some other way objectionable. Additionally, this claim is often accompanied by the idea that the interactive aspect of a game has a special persuasive power. Read more
It’s the economy, stupid
Equality butts heads with freedom
Jonathan Martin and Ben Smith write at Politico that a new debate about first principles and the role of government has replaced the social issues at stake during the “culture wars” of the last three decades.
This dispute over first principles is deeply entwined with questions of national identity and the appropriate role of the government in the economy.
On one extreme is a minimalist state, in which the government is responsible for little more than upholding the rule of law and providing for a common defense. On the other extreme is a socialist state in which the government manages all facets of economic activity.
Neither extreme applies to any industrialized country today. Rather, the modern world is populated by welfare states of various stripes.
Fight fire with fire
Net neutrality and competing claims of free speech
According to The Hill, a coalition of thirty-five tea party groups has sent a letter to the Federal Communications Commission, asking the agency not to impose net neutrality rules on the Internet. Roughly speaking, net neutrality prevents Internet service providers from favoring some content over others by speeding up or slowing down traffic to certain sites, or charging users a fee to access web content.
Tea Party opposition to net neutrality stems from a fear of growth in government power. According to the article, they think this power infringes upon free speech:
The free-speech argument holds that, by interfering with how phone and cable companies deliver Internet traffic, the government would be thwarting the free-speech rights of providers such as AT&T, Verizon and Comcast.
What is most striking about this debate is that the pro-net neutrality side also claims to be protecting free speech. Senator Al Franken, for example, says:
Well, our free speech rights are under assault — not from the government but from corporations seeking to control the flow of information in America. […]“Net neutrality” sounds arcane, but it’s fundamental to free speech. The Internet today is an open marketplace. If you have a product, you can sell it. If you have an opinion, you can blog about it. If you have an idea, you can share it with the world.
I’m going to have to side with Senator Franken and company here. I think the type of speech the Tea Partiers claim to be protecting is less worthy of protection than the type Franken is trying to protect. Read more
Sensitivity and principle
Last Friday, President Obama weighed in publicly on the mosque at ground zero. In doing so, he has joined Mayor Bloomberg as one of few major political figures who have openly voiced support for the project on the basis of freedom of religion.
However, polls indicate that Americans as well as New Yorkers overwhelmingly oppose the mosque’s construction to the tune of 68 percent. The poll reaffirms a truism that the writers of the Bill of Rights were grimly aware of: freedom often runs afoul of democracy. As one opponent of the mosque argues: ‘…[Obama]‘s lost sight of the germane issue, which is not about freedom of religion,” she said. “It’s about a gross lack of sensitivity to the 9/11 families and to the people who were lost.”’
Except the germane issue is exactly the balance between sensitivity and principle, and whether, as Jonathan asked yesterday, something can be “legally harmless but unpleasant enough for us to rightly or morally require legal intervention at the cost of others’ legal rights?” Namely, do people have a right not to be offended? Do they also have a right for their faith, beliefs, or values not to be challenged?
Greg Gutfeld of Fox News clearly believes not. In one of the most creative responses to the Ground Zero Mosque controversy, Gutfeld argues for both supporting the mosque’s construction and opening a gay bar next door. Now that might take equal opportunity offending to an extreme. But in a society in which we value both the principles of religious freedom and the “marketplace of ideas,” should we want it any other way?
-Charles
Image from Flickr user Johnnie Utah used under a Creative Commons Attribution license
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