11/12/14

Bedtime Stories


Harry Brighouse and Adam Swift ask an interesting question about conferring advantage on children in their new book Family ValuesWe do all sorts of things that confer advantage, from reading kids bedtime stories to sending them to private schools.  All these things get in the way of fair equality of opportunity, they say, giving children a leg up just because they happen to be born into better off, more educated families. But where should we draw the line?  Which of our advantage-conferring practices, as parents, can be justified?  Actually, they focus on a narrower question:  which of these things can be justified "by appeal to the value of the family and must be permitted if people are to realize that value in their lives"? (p. 246) 

Their answer is that advantage-conferring practices can be justified by appeal to the value of the family only if they are needed for intimate family life. Reading bedtime stories is fine, even if it does confer advantages over others, and so is attending church together.  Here's a passage that conveys the general idea--
Without substantial opportunity to share himself intimately with his child, in ways that reflect his own judgments about what is valuable, the parent is deprived of the ability to forge and maintain an intimate relationship, and the child is deprived of that relationship.  The loss is to the core of what is valuable about the relationship.  The loss is to the core of what is valuable about the relationship.  Imagine that parents are barred from engaging in these or relevantly similar activities, or, less drastically, that such activities are made very difficult: the opportunities for realizing the familiar relationship good that justify the family would be severely limited. (p. 125)
Their paradigm case of a practice not justified along these lines is sending kids to private school.  That confers an advantage that interferes with equal opportunity and isn't necessary so that parent and child can enjoy an intimate, mutually satisfying family life. 

This way of drawing the line is going to validate some of what affluent parents do, but also condemn a lot of what they do.  So let's see, what gets validated?  (Most of these examples aren't theirs.)
  • Bedtime stories, they say. I'm not so sure.  Possibly I could have as much quality, intimate time with my kids if we watched a little TV before bed.  But let's let that pass.  Bedtime stories are in.
  • Going to museums.  This confers an educational advantage, but maybe it passes muster, if my child and I love being together at museums in a way we don't love being together at, say, a bowling alley.
  • Traveling to national parks. There's definitely an educational advantage conferred, but it might be OK, since vacation time does generate family intimacy, and I just can't enjoy Disneyland in the way I can enjoy a national park.
A lot will not get validated.
  • Buying high school students laptop computers so they can easily manage schoolwork, access online assignments, etc.  The computers confer an advantage and aren't necessary for family intimacy. Yes kids appreciate the gift, but only briefly so, and laptops actually tend to make kids retreat from the family.
  • Flying around on college trips so kids can decide where to apply "early decision".  All of that confers an advantage, reducing fair equality of opportunity, and doesn't do much for family intimacy.  (Stress, arguing, etc.....)
  • Music lessons.  All advantage, not a lot of intimacy, considering the stress over the years about practicing, performing, etc.
I have felt bad over the years about conferring advantages, but haven't had the view that the authors put forward: that it's wrong for parents to confer advantages on children, except when required for intimate family life; and that the state would be entitled to prohibit parents from conferring advantages like those in the second group. There is a milder judgment one could make: that collectively we should make up for or avoid the inequalities.  Schools should give kids access to computers.  Colleges should get rid of "early decision."  There should be cheap music lessons in public schools.  I'm for all of those kinds of solutions, but should I go farther and admit to wrongdoing, to the extent that I've offered my kids advantages that aren't needed for intimate family life?

Though not a libertarian, I am drawn to what many libertarians say about the family.  My personal liberty to spend my own money includes liberty to spend on my kids, because "children themselves form part of one's substance."  They "form part of a wider identity you have" (Robert Nozick, The Examined Life, p. 28).  If I may buy myself a laptop and thereby have advantages over other workers (Brighouse and Swift don't say otherwise), I'm very tempted to think I can also buy my kids a laptop.  The worry that all kids ought to start life on an equal footing falsely presents kids as totally distinct from their parents.   But that's a huge thing to try to argue, especially in a quick blog post.

I have a more modest objection to what Brighouse and Swift are saying about when it's OK to confer advantages.  Suppose I have all sorts of money to spend on laptops, books, education, and whatnot, for myself.  I may secure those advantages for myself; presumably I'm entitled to them, on their view.  What kind of family life would I have if I bought myself a laptop and then told my kids they couldn't have one, because they needed to remain on a level playing field with other children?  Imagine this happening again, and again.  "X is fine for me, but not for you!"  Conferring advantages (without an intimacy payoff) may actually be necessary for a family life that's internally harmonious and egalitarian.  An alternative would be that I don't get to have a laptop either, but that would put an awfully heavy burden on parents. Do they really have to make themselves less competitive at work, once they have kids?

Surely there are some ways of conferring advantage on children that are illegitimate (I can think of several that amount to outright cheating). I'm just not entirely convinced that as many things are illegitimate as the authors claim.

11/3/14

Well-Being

My review of Well-Being: Happiness in a Worthwhile Life, by Neera K. Badhwar, is at Notre Dame Philosophy Reviews. 

Prague Restaurants and the Duties of Adult Children


So we were in Prague last summer and discovered this thing called a "table charge."  I'm not really sure exactly what it is, but here's one possibility--the table charge is for stuff that's standardly put on the table--bread, water, a spot of liqueur after the meal.  I thought it was pretty annoying, because I wasn't given a choice whether to order that stuff or not. The prices on the menu suggest a rule that goes "You pay for what you order" and the table charge violates that rule. I could have protested the charge, I think (note: it's not standard in Prague and wasn't stated anywhere).

Segue to the duties of adult children... A famous paper by Jane English says adult children owe nothing to their parents because they didn't ask to be born and raised.  For kids to have a duty to support their parents in old age, for example, would be like me having to pay the table charge even though I didn't ask for the bread, water, etc.  They have no such duty, she claims.

I do think adult children have duties to their parents, but how so?  Adding a second chapter to the restaurant story sheds some light.  Suppose on my second night in Prague, I deliberately go to the restaurant with the table charge because I like the food. I also now realize that, compared to restaurants without a table charge, the prices on this restaurant's menus are fairly low. Furthermore, I now anticipate the liqueur at the end of the meal, so order less wine.  On the second night, would I be entitled to protest the charge, let alone with righteous indignation?

My sense is that after the first night, I've altered my attitudes and dispositions so that, though I never ask for the bread, water, etc., I can be counted as "pro" receiving them.  I'm on board with the system, so to speak. And so I do have a duty to pay the table charge and can't protest.   Moral of the story:  asking for items is not the only way I can acquire a duty to pay for them.

Children don't ask to be born, and don't accumulate a duty to care for their aging parents starting on the first day of life.  But over the years of being cared for, they can be reluctant recipients of care they'd rather not receive, or enthusiastic recipients.  When they are past the tender years of childhood, they can take steps toward independence or deliberately continue being cared for and supported.  If you enthusiastically encourage your parents' support, it seems to me you do start to be indebted to them, like I was indebted to the Prague restaurant for the table items, despite not asking for them.

Wouldn't it be awful if adult children actually thought about how to treat their elderly parents as if they were related as restaurant owner to customer?   And yet even if they do, it's not out of the question at all that adult children do owe something to their parents, even if they never explicitly asked to be born or raised.


10/20/14

Sending affluence, receiving pestilence

Peter Singer makes a very persuasive case that we ought to spend money to alleviate extreme poverty rather than buying the latest luxuries   But what if what is needed is not sending away our affluence but letting in disease?  Allowing travel to and from west Africa might increase the number of cases of Ebola in the US and slow the epidemic there;  closing borders could both protect us here and intensify the epidemic there.  If those are the facts, must we not only send money to distant places to help people over there, but let people living in those places bring disease here?

One question is about what each of us should do, individually, but another is about the government we've elected.  Suppose they know a policy will add 100 new cases of Ebola to the US, but reduce new cases of Ebola in West Africa by 50%.  Should our leaders enact that policy?   Do they have special duties to protect the citizens of the country they lead, or should they maximize total good, without regard for who lives where?  Are borders morally important or just arbitrary lines?

Questions, questions.  Here's some good news on the Ebola front.

10/17/14

Harvard's Sexual Misconduct Policy

Harvard has a new and more victim-friendly sexual misconduct policy as of this fall, and 28 professors in the law school have complained about it (out of a total of 110).  It sounds to me as if they have some legitimate worries but I'm puzzled by one of the complaints.
The faculty members, including emeritus professor Alan Dershowitz, said the policy should be retracted because it denies the accused access to legal counsel, knowledge of the accusations against them and the right to question witnesses, potentially exposing them to “unfair and inappropriate discipline.” It also holds one party more culpable when both are impaired by alcohol or drug use.
What's the problem with holding one party more culpable when both are impaired--provided that one was the sexual aggressor?   A lot of people seem to find that unfair, but is it really?

A long time ago when I lived in Boston I was on a jury in a manslaughter trial.  The drunk defendant (along with a group of friends) had chased the victim into a subway station shouting racial epithets and threats. The victim, also drunk and evidently fearing for his life, decided to walk home along the tracks (above ground). He was killed by an oncoming train that he might have heard if he hadn't been drunk.

Though this was 30 years ago, I still vividly remember what the prosecutor said about intoxication.  About the defendant: you can't hide behind alcohol.  If you committed a criminal act, the fact that you were drunk is not exculpatory.  About the victim:  you take your victims as you find them.  The victim may have heard the train if he hadn't been drunk, but the defendant cannot use that as a defense.  These two rules made sense to me and to all the other members of the jury.  We convicted the defendant, and later realized this was a retrial: another jury had previously convicted the defendant too.  The prosecution's instructions about alcohol were persuasive to all 24 jury members.

Now transpose into a sexual scenario.  A drunk man forces himself on a woman, who doesn't resist effectively because she's drunk.  It's surely the same: the man can't hide behind alcohol; he takes his victim as he finds her.  So I have no idea why Prof. Dershowitz & Co. find any problem with holding "one party more culpable when both are impaired by alcohol or drug use."  Would they really want the defendant in the manslaughter case to be acquitted because the victim was also drunk?

Maybe to the average person (but surely not the law professors) it may appear as if there's an asymmetry here--we're holding the man to higher standards. But no, that's not true.  We're holding the man responsible for criminal acts he performed while drunk.  The woman performed no such criminal acts.  She only made it easier for the man to perform his criminal acts.  There's no inconsistency in saying his inebriation doesn't excuse him and then saying her inebriation doesn't excuse him either. 

Of course, not every case where both parties are drunk is a case of rape.  If both actively participate in sex acts, with one no more the aggressor than the other, then it wouldn't make sense to see the man as guilty of non-consensual sex and not the woman.  But in cases where women file complaints, usually there's an allegation of aggression on the man's part. That's why one party is responsible and the other isn't, even though both are drunk.

People seem to want to find fault with both parties and surely we can do that.  If drinking makes you less in control of yourself, you shouldn't do it in a setting where self-control is important.  Men are foolish to get totally drunk at college parties and so are women.  The men because they're liable to commit acts they're going to be accountable for.  The women because they become defenseless against those acts (or maybe even, in very rare case, commit them).   If you're drunk, you shouldn't drive a car, even if the person you hit may be drunk too.  If you're drunk, you shouldn't ride a bicycle, making yourself defenseless.   Being foolishly defenseless obviously doesn't mean being to blame. 

Surely it would be completely backward to revise the way we handle double-drunk cases, holding both parties somehow "accountable" even though one killed the other, raped the other, maimed the other, and so on.  If the law professors aren't for that across the board (surely not), why are they for that in campus sexual assault cases? 

p.s.  Maybe I'm not understanding the professors' point--I couldn't find more about the Harvard policy on sexual assault and alcohol, or more about the law professors' objection, despite some energetic googling. If they're not saying men can't be accountable when women are also drunk, I'd love to know what they are saying.