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The Congressman's Burden: Resolutions Have Consequences

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  • The Congressman's Burden: Resolutions Have Consequences

    THE CONGRESSMAN'S BURDEN: RESOLUTIONS HAVE CONSEQUENCES
    By Jason Lee Steorts

    National Review Online, NY
    Oct 16 2007

    Occasionally the world reminds us that it is evil.

    I am not saying this in the obvious way, that the world is full of
    blood, death, arbitrary destruction, and gratuitous cruelty - though
    that is surely true. It is also true that such evils often allow
    reasonably precise moral reckoning, at least where human agency is
    concerned: If I murder you, I have committed an evil; if my nation
    wages an unjust war, it has committed an evil; and so on. Such cases
    are morally ambiguous when they turn on questions whose answers evade
    mere mortals: Did I kill you in self-defense? Did my nation wage war
    in response to an intolerable threat, and was war the only remedy?

    But the questions have right and wrong answers, and if we knew them
    we could assign blame with justice and precision.

    What I have in mind, rather, is the possibility that one might (a)
    be forced to act, (b) possess perfect information about each possible
    course of action, and (c) discover that all of them are immoral. The
    contemporary philosopher Thomas Nagel has used the term "moral blind
    alley" to describe such circumstances.

    I believe the House of Representatives may have gotten itself into a
    moral blind alley by taking up the question whether to recognize as
    genocide the massacre of Armenians in eastern Anatolia between 1915
    and 1917.

    No one denies that the government of the Young Turks ordered the
    deportation of their Armenian minority. The Armenians were dispossessed
    of their property and driven from their homes, and when the dust
    settled an appalling number had also been slaughtered.

    (Estimates vary widely: 300,000, according to the modern Turkish
    government; the Armenian government says 1.5 million.)

    What is debated is whether these massacres are properly called
    genocide. The conventional wisdom is that yes, an order to exterminate
    the Armenians proceeded from the highest levels of Ottoman rule. The
    government of Turkey denies this claim, and argues that the massacres
    were an unintended consequence of the deportation policy. And some of
    the evidence in favor of the traditional view is open to question. (For
    details, consult this article from the Middle East Quarterly; this
    one too.)

    I will attempt no resolution of the genocide question (though I wish
    to note in passing that, even if there was no order to exterminate,
    the Young Turks were still guilty of a horrific crime). Instead, I
    would like to assume for the sake of argument that the conventional
    view is correct. This will help us see how the House might have turned
    down a moral blind alley.

    ***

    The congressman's dilemma is this: If the resolution passes, it
    will enrage the Turkish government, which will retaliate in a manner
    harmful to the interests of the United States. It has threatened to
    deny the U.S. access to Incirlik Air Base, an important re-supply
    hub for military operations in the Middle East. It would also adopt a
    more cavalier attitude toward the potential dispatch of its military
    to Iraqi Kurdistan in pursuit of fighters from the Kurdistan Workers
    Party (PKK), which is responsible for a long campaign of separatist
    violence in Turkey. The United States has labeled the PKK a terrorist
    organization, but it opposes Turkish incursions into Iraq on the
    grounds that they would destabilize that country.

    The problem for a U.S. congressman is not just strategic: for there
    are very good moral reasons to want the U.S. to achieve its military
    and foreign-policy objectives in the Middle East. These reasons are
    consequentialist: that is, the failure of American objectives would
    risk bringing about morally undesirable outcomes. A collapse of
    Iraq's democratic experiment, or an attenuation of U.S. power that
    strengthened the hand of Islamists, would increase the suffering of
    multitudes in the Middle East (or so, I believe, it can be persuasively
    argued - though I do not make that argument here). It would also leave
    Americans more vulnerable to attack. While a setback in U.S.-Turkish
    relations would not force these outcomes, it would make them more
    likely. To the extent, then, that lawmakers have a duty to prevent
    misery generally and the misery of Americans in particular, they have
    grounds to vote against the House resolution.

    Yet there are also moral considerations in favor of the resolution's
    passage. These reasons do not concern the consequences of defeating
    the bill, but are, rather, deontological: They turn on the idea that
    to vote "no" is to treat persons in a way that is wrong, no matter
    the consequences. The persons in question are the remaining survivors
    of the Armenian genocide (if it was that) and the descendents of its
    victims. One might also include the victims themselves, though it is
    hard to articulate how the dead can be wronged.

    To understand why voting "no" would wrong these persons, imagine that
    your mother has been stabbed to death by a mugger; that I witnessed
    the crime; and that, fearing recriminations, I refuse to answer
    investigators' questions about what I have seen. Imagine further
    that there are other witnesses, and that their testimony will be
    sufficient to convict the murderer. Finally, imagine that my refusal
    is partly motivated by ethical reasons of the consequentialist sort:
    I am a researcher on the brink of discovering a cure for a type of
    cancer, and I fear that, should I denounce your mother's murderer,
    I will have to abandon my work and flee.

    If you knew all of this, would you feel that my silence wronged you
    (and your mother)? I believe you would. For my silence contains the
    implicit judgment that you (and your mother) do not matter enough
    for me to acknowledge, when called upon to do so, the awful injustice
    that you (and she) have suffered.

    Or consider an example involving Holocaust denial. Imagine a slightly
    different world in which Germany denied its genocide of European
    Jews and all manner of dire consequences might follow from angering
    Germany. We should feel morally uneasy with those who refused to
    acknowledge what happened in the death camps, even if they had their
    reasons for refusing, and even though acknowledging the Holocaust
    would do nothing to resurrect its dead.

    Let us return now to the Armenians. Congressmen might be tempted to
    escape the moral blind alley by arguing as follows: "Declining to
    recognize that something happened is different from denying that
    it happened. By voting 'no,' I affirm nothing more than that the
    institution of which I am part should keep silent."

    Such reasoning could perhaps be refined into a sound argument
    against introducing the genocide question before the House: just
    as I, the brilliant cancer researcher, might have sufficient reason
    not to volunteer my testimony against your mother's killer. There is
    no obligation to utter impolitic or dangerous things simply because
    they are true. Once the genocide resolution was introduced, however,
    the moral stakes changed: Now congressmen were being called upon to
    declare their position, as was the House taken collectively. This
    is analogous to the point at which investigators knock on my door to
    ask about your mother.

    ***

    The idea of a moral blind alley is more philosophically radical
    than it might at first seem. It is different from the much simpler
    problem of apparently conflicting duties within a single type of
    ethical thought - for example, a case in which you must kill to
    save your life or the life of a loved one. Such apparent conflicts
    dissolve when we adequately define the duties in question: The duty
    not to murder is defined as including an allowance for self-defense,
    but not a permission to harvest my neighbor's kidneys and give them
    to my dying daughter.

    Moral blind alleys seem rather to be cases in which two wholly
    different ethical perspectives collide. One perspective rests on the
    feeling that some things are simply wrong to do to people, no matter
    the consequences. Another perspective rests on the feeling that some
    consequences simply should not be allowed. Put thus schematically,
    the potential for conflict is obvious enough. The real question is
    whether human beings are indeed susceptible to both kinds of moral
    feeling, and if so what they should do about it.

    One answer is to cue the philosophers: "Our intuitions are muddled;
    kindly devise a system of rules for us to follow instead." This
    approach is very far from life as lived, and I do not believe it can
    satisfy actual human beings, though it may please such computers
    as Immanuel Kant and Jeremy Bentham. I say this in full knowledge
    that the skeptical Nagelian alternative largely reduces ethics to a
    descriptive project.

    If there are moral blind alleys in this world, it is politicians who
    are most likely to get stuck in them. Holding public office requires
    one to contemplate the consequences of one's choices on masses of
    people, even while remaining subject to all the usual feelings about
    how persons should treat one another and how institutions should
    treat persons. It is work for those who are wise and brave enough
    to grapple with the contradiction; foolish enough not to see it;
    or cynical enough not to care.

    http://article.nationalreview.com/?q=OWIxMT MyZWQ5NTk5Njc0MTkzMmIzN2I1ZmJhMTU0ZmE=
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