Professor Stephen L. Carter

Ethical Quote Of The Month: David Brooks, Channeling Yale Law professor Stephen L. Carter

/ Jack Marshall / 22 Comments

First, a bit of a disclaimer:

In his Monday column for the New York Times, David Brooks evoked Yale Law professor Stephen L. Carter‘s 1998 book “Civility” to recommend how reasonable people should engage with “fanatics.” I like the quote a lot, with this caveat: Brooks makes it clear, as almost all Times op-eds do now, that by “fanatic” he means all those strange, nasty, stupid, hateful people who don’t subscribe to the New York Times world view and progressive cant. As a result, I have to take Brooks’ words with several grains of sea salt, and indeed try to forget that they are coming from a pundit who has at other times implied that President Trump should be removed from office regardless of whether he actually does anything that would meet the standards required by the impeachment clause or the 25th Amendment.

That and other opinions he has put into print–always in the measured words of the intellectual he styles himself to be—marks him as a fanatic in my book, just one operating under the cover of gentility and intellectual rhetoric. Now, it would have been easy for Brooks to dispel my suspicions and also to have a larger audience for his wisdom had he chosen, as his example of a fanatic, a member of the antifa, or a college student who believes that conservatives should be censored, or any number of leftist nut cases who are as plentiful now as the autumn leaves. But no. Brooks knows that wouldn’t endear himself to his colleagues like Paul Krugman and Charles M. Blow, so his first example of a fanatic, and his only American one, was “a Trump supporter” who threatened him at a baseball game.

Thus Brooks’ column manages to be condescending and arrogant, as well as partisan, because of his failure to harness his biases. The substance of his quote, however, comes via Terry Teachout, the drama critic of The Wall Street Journal, the critic-at-large of Commentary and a thoughtful moderate for an arts guy, and through Amy Alkon, a moderate conservative feminist Trump-hating blogger and author, and Professor Carter, who seems like a reasonable and not especially political sort. This is enough, I think, to cleanse Brooks’ words of their inherent hypocrisy. Deciding that those who disagree with you must be the fanatic in the conversation is, after all, a poor starting point for a productive discussion.

With those reservations and qualifications, here is the quote: Continue reading →

Another Harvey Ethics Quiz On Looting….

/ Jack Marshall / 19 Comments

The comments on the Ethics Quiz on shooting looters was edifying. Now let’s examine the question of “legal looting,” according to a Yale Law School professor.

In a post for Bloomberg, Stephen L. Carter argues that “Peacefully taking what you need from a supermarket isn’t the same as looting.” he writes in part,

Should we conclude that people taking food from an empty store during an emergency are not committing a crime? That’s exactly what we should conclude — they are not lawbreakers — but it’s important that we understand exactly why.

Let’s start by considering our own instincts. If I were trapped and my family was starving, I would grab the food; I suspect most readers would too. Already our instincts tell us, then, that the moral situation in which we find ourselves is different when a disaster has struck. I believe, very deeply, in the importance of strong property rules. In an emergency, however, we should interpret the rules differently…. A well-known example in the Model Penal Code posits a hiker who, trapped by a blizzard, breaks into a cabin and eats the food to survive. The hiker has taken both food and shelter without the permission of the owner. By choosing to violate a property rule rather than starve to death or die of exposure, the hiker has selected the lesser of two evils. This is one form of the defense known as “necessity,” and is generally considered to mean that there is no crime.

(You need to read the whole post to fairly consider Carter’s argument.)

Your Ethics Alarms Hurricane Harvey Ethics Quiz of the Day is…

Is looting an abandoned supermarket for food still a crime?

Continue reading →