Courtship or Molestation?

Several weeks ago I happened upon a statement by Keith Burgess-Jackson (KBJ) about an blog post that he published in November 2017, which became a cause célèbre:

(That is the entire blog post, as reproduced in Alex Macon’s “UT-Arlington Professor: ‘What’s the Big Deal’ About Adult Men Dating Underage Girls?“, Dmagazine.com, November 30, 2017.)

There is presumably a connection between that post and the demise of Keith Burgess-Jackson (KBJ’s eponymous blog), where it was posted. But it is to KBJ’s credit that he quickly resumed blogging at Just Philosophy, and wasn’t cowed by the notoriety resulting from his post.

But I must say that my own reaction was similar to that of KBJ’s detractors:

I was trying to find a way into Keith Burgess-Jackson’s eponymous blog, which seems to have been closed to public view since he defended Roy Moore’s courtship of a 14-year-old person. (Perhaps Moore might have been cut some slack by a segment of the vast left-wing conspiracy had the person been a male.)

That is to say, I read KBJ’s post as a defense of Roy Moore’s “courtship” of a 14-year-old girl (or young woman). KBJ argues strenuously in his statement that he wasn’t defending Moore, who had been accused of more than “courting” the young woman. This account, from Wikipedia, refers to reportage that predates KBJ’s post:

On November 9, 2017, The Washington Post outlined an account of a woman, Leigh Corfman, who said that Moore initiated a sexual encounter with her in 1979, when she was 14 and he was 32 years old.[18] Corfman said that Moore met her and her mother in the hallway of the county courthouse, where Moore was working as an assistant district attorney, and offered to sit with Corfman while her mother went into a courtroom to testify.[18] Corfman said that during that discussion he asked for her phone number, which she gave him, they later went on two dates, for each date he picked her up in his car around the corner from her house and drove her to his house, and on the first date he “told her how pretty she was and kissed her”. On a second date, Moore allegedly “took off her shirt and pants and removed his clothes … touched her over her bra and underpants … and guided her hand to touch him over his underwear”.[18]

The incident, as described by Ms. Corfman, doesn’t resemble courtship as I have understood it in my lifetime, and I am older than KBJ and Roy Moore. Christian minister Patricia Bootsma explains that

in contrast to the modern conception of dating, in “courtship, time together in groups with family or friends is encouraged, and there is oversight by and accountability to parents or mentors”.[7] She further states that with courtship, “commitment happens before intimacy”.[7]

That is courtship, and I’m surprised when an erudite man who uses language precisely (i.e., KBJ) doesn’t know the difference between it and “making out“, which is more or less what Moore was (allegedly) bent on doing. Perhaps KBJ picked up the term from another news story, or perhaps he chose to use it as a euphemism for the acts described in the Post‘s story (which were repeated throughout the news media).

But I can understand the objections to KBJ’s post because (a) the story wasn’t about “courtship”, it was about a 32-year-old man (allegedly) making sexual advances to a 14-year-old girl-woman. Moreover, the alleged behavior took place in 1979, not in 1922, when KBJ’s maternal grandparents were “courting” or courting, as the case may be.

In 1922, legislative battles about age-of-consent laws had only recently been settled (for the most part):

While the general age of consent is now set between 16 and 18 in all U.S. states, the age of consent has widely varied across the country in the past. In 1880, the age of consent was set at 10 or 12 in most states, with the exception of Delaware where it was 7.[2] The ages of consent were raised across the U.S. during the late 19th century and the early 20th century.[3][4] By 1920 ages of consent generally rose to 16-18 and small adjustments to these laws occurred after 1920. As of 2015 the final state to raise its age of general consent was Hawaii, which changed it from 14 to 16 in 2001.[5]

By contrast, Alabama’s age of consent (which was 10 in 1880) had been 16 since 1920. Sexual behavior that might have been deemed acceptable in 1922, when old ways were a fresh memory, was surely beyond the pale in 1979 — 59 years after Alabama’s age of consent had been raised to 16.

So to answer KBJ’s question: It was a very big deal if Moore had in fact done the things that he is accused of having done with a 14-year-old girl-woman. Things were different in 1979 than in 1922. As someone who is older than KBJ, I will even say that things were nearly as different in 1979 as they were in 2017. The Mad Men days were by 1979 almost a faint memory. (Not in Hollywood, politics, or the upper echelons of the business world, but the Mad Men days never ended there — or not until recently, maybe. I’m talking about the workaday world of real people, when sexual harassment had by 1979 become widely frowned on, if not always suppressed.)

KBJ’s outrage about “people imposing their own moral standards on people of the past” is obviously misplaced. Because of that, any reasonable reader — even a leftist — could conclude that KBJ was attempting to excuse Moore’s alleged behavior.

I can’t quote portions of KBJ’s long, copyrighted statement because of the terms of the copyright (“Publishable in Its Entirety or Not at All”). I will just say that it struck me as an after-the-fact justification of a reflexive defense of Roy Moore (widely considered a conservative) by a conservative blogger who is (rightly) exasperated by the torrent of abuse that is heaped continuously on (actual and self-styled) conservatives.

Having said all of that, I should add that I am very much a fan of KBJ. I’m glad that he quickly resumed blogging, despite the barrage of criticism that was aimed at him — much of it, I’m sure, by leftists who attacked him reflexively because of his conservatism.

“Conservative” Confusion

Keith Burgess-Jackson is a self-styled conservative with whom I had a cordial online relationship about a dozen years ago. Our relationship foundered for reasons that are trivial and irrelevant to this post. I continued to visit KBJ’s eponymous blog occasionally (see first item in “related posts”, below), and learned of its disappearance when I I tried to visit it in December 2017. It had disappeared in the wake of a controversy that I will address in a future post.

In any event, KBJ has started a new blog, Just Philosophy, which I learned of and began to follow about a week ago. The posts at Just Philosophy were unexceptionable until February 5, when KBJ posted “Barry M. Goldwater (1909-1998) on the Graduated Income Tax”.

KBJ opens the post by quoting Goldwater:

The graduated [income] tax is a confiscatory tax. Its effect, and to a large extent its aim, is to bring down all men to a common level. Many of the leading proponents of the graduated tax frankly admit that their purpose is to redistribute the nation’s wealth. Their aim is an egalitarian society—an objective that does violence both to the charter of the Republic and [to] the laws of Nature. We are all equal in the eyes of God but we are equal in no other respect. Artificial devices for enforcing equality among unequal men must be rejected if we would restore that charter and honor those laws.

He then adds this “note from KBJ”:

The word “confiscate” means “take or seize (someone’s property) with authority.” Every tax, from the lowly sales tax to the gasoline tax to the cigarette tax to the estate tax to the property tax to the income tax, is by definition confiscatory in that sense, so what is Goldwater’s point in saying that the graduated (i.e., progressive) income tax is confiscatory? He must mean something stronger, namely, completely taken away. But this is absurd. We have had a progressive (“graduated”) income tax for generations, and income inequality is at an all-time high. Nobody’s income or wealth is being confiscated by the income tax, if by “confiscated” Goldwater means completely taken away. Only in the fevered minds of libertarians (such as Goldwater) is a progressive income tax designed to “bring down all men to a common level.” And what’s wrong with redistributing wealth? Every law and every public policy redistributes wealth. The question is not whether to redistribute wealth; it’s how to do so. Either we redistribute wealth honestly and intelligently or we do so with our heads in the sand. By the way, conservatives, as such, are not opposed to progressive income taxation. Conservatives want people to have good lives, and that may require progressive income taxation. Those who have more than they need (especially those who have not worked for it) are and should be required to provide for those who, through no fault of their own, have less than they need.

Yes, Goldwater obviously meant something stronger by applying “confiscatory” to the graduated income tax. But what he meant can’t be “completely taken away” because the graduated income tax is one of progressively higher marginal tax rates, none of which has ever reached 100 percent in the United States. And as KBJ acknowledges, a tax of less than 100 percent, “from the lowly sales tax to the gasoline tax to the cigarette tax to the estate tax to the property tax to the income tax, is by definition confiscatory in [the] sense” of “tak[ing] or seiz[ing] (someone’s property) with authority”. What Goldwater must have meant — despite KBJ’s obfuscation — is that the income tax is confiscatory in an especially destructive way, which Goldwater elucidates.

KBJ asks “what’s wrong with redistributing wealth?”, and justifies his evident belief that there’s nothing wrong with it by saying that “Every law and every public policy redistributes wealth.” Wow! It follows, by KBJ’s logic, that there’s nothing wrong with murder because it has been committed for millennia.

Government policy inevitably results in some redistribution of income and wealth. But that is an accident of policy in a regime of limited government, not the aim of policy. KBJ is being disingenuous (at best) when he equates an accidental outcome with the deliberate, massive redistribution of income and wealth that has been going on in the United States for more than a century. It began in earnest with the graduated income tax, became embedded in the fabric of governance with Social Security, and has been reinforced since by Medicare, Medicaid, food stamps, etc., etc., etc. Many conservatives (or “conservatives”) have been complicit in redistributive measures, but the impetus for those measures has come from the left.

KBJ then trots out this assertion: “Conservatives, as such, are not opposed to progressive income taxation.” I don’t know which conservatives KBJ has been reading or listening to (himself, perhaps, though his conservatism is now in grave doubt). In fact, the quotation in KBJ’s post is from Goldwater’s Conscience of a Conservative. For that is what Goldwater considered himself to be, not a libertarian as KBJ asserts. Goldwater was nothing like the typical libertarian who eschews the “tribalism” of patriotism. Goldwater was a patriot through-and-through.

Goldwater was a principled conservative — a consistent defender of liberty within a framework of limited government, which defends the citizenry and acts a referee of last resort. That position is the nexus of classical liberalism (sometimes called libertarianism) and conservatism, but it is conservatism nonetheless. It is a manifestation of  the conservative disposition:

A conservative’s default position is to respect prevailing social norms, taking them as a guide to conduct that will yield productive social and economic collaboration. Conservatism isn’t merely a knee-jerk response to authority. It reflects an understanding, if only an intuitive one, that tradition reflects wisdom that has passed the test of time. It also reflects a preference for changing tradition — where it needs changing — from the inside out, a bit at a time, rather from the outside in. The latter kind of change is uninformed by first-hand experience and therefore likely to be counterproductive, that is, destructive of social and economic cohesion and cooperation.

The essential ingredient in conservative governance is the preservation and reinforcement of the beneficial norms that are cultivated in the voluntary institutions of civil society: family, religion, club, community (where it is close-knit), and commerce. When those institutions are allowed to flourish, much of the work of government is done without the imposition of taxes and regulations, including the enforcement of moral codes and the care of those who unable to care for themselves.

In the conservative view, government would then be limited to making and enforcing the few rules that are required to adjudicate what Oakeshott calls “collisions”. And there are always foreign and domestic predators who are beyond the effective reach of voluntary social institutions and must be dealt with by the kind of superior force wielded by government.

By thus limiting government to the roles of referee and defender of last resort, civil society is allowed to flourish, both economically and socially. Social conservatism is analogous to the market liberalism of libertarian economics. The price signals that help to organize economic production have their counterpart in the “market” for social behavior. That behavior which is seen to advance a group’s well-being is encouraged; that behavior which is seen to degrade a group’s well-being is discouraged.

Finally on this point, personal responsibility and self-reliance are core conservative values. Conservatives therefore oppose state actions that undermine those values. Progressive income taxation punishes those who take personal responsibility and strive to be self-reliant, while encouraging and rewarding those who shirk personal responsibility and prefer dependency on others.

KBJ’s next assertion is that “Conservatives want people to have good lives, and that may require progressive income taxation.” Conservatives are hardly unique in wanting people to have good lives. Though most leftists, it seems, want to control other people’s lives, there are some leftists who sincerely want people to have good lives, and who strongly believe that this does require progressive income taxation. Not only that, but they usually justify that belief in exactly the way that KBJ does:

Those who have more than they need (especially those who have not worked for it) are and should be required to provide for those who, through no fault of their own, have less than they need.

Did I miss KBJ’s announcement that he has become a “liberal”-“progressive”-pinko? It is one thing to provide for the liberty and security of the populace; it is quite another — and decidedly not conservative — to sit in judgment as to who have “more than they need” and who have “less than they need”, and whether that is “through no fault of their own”. This is the classic “liberal” formula for the arbitrary redistribution of income and wealth. There’s not a conservative thought in that formula.

KBJ seems to have rejected, out of hand (or out of ignorance), the demonstrable truth that everyone would be better offfar better off — with a lot less government involvement in economic (and social) affairs, not more of it. That is my position, as a conservative, and it is the position of the many articulate conservatives whose blogs I read regularly.

It is a position that is consistent with the values of personal responsibility and self-reliance. Conservatives embrace those values not only because they bestow dignity on those who observe them, but also because the observance fosters general as well as personal prosperity. This is another instance of the wisdom that is embedded in traditional values.

Positive law often conflicts with and undermines traditional values. That is why it is a conservative virtue to oppose, resist, and strive to overturn positive law of that kind (e.g., Roe v. Wade, Obergefell v. Hodges, Obamacare). It is a “conservative” vice to accept it just because it’s “the law of the land”.

I am left wondering if KBJ is really a conservative, or just a “conservative“.


Related reading: Yuval Levin, “The Roots of a Reforming Conservatism“, Intercollegiate Review, Spring 2015

Related posts:
Gains from Trade (A critique of KBJ’s “conservative” views on trade)
Why Conservatism Works
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
Conservatism as Right-Minarchism
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
My View of Libertarianism
The War on Conservatism
Another Look at Political Labels
Rescuing Conservatism
If Men Were Angels
Libertarianism, Conservatism, and Political Correctness
Disposition and Ideology

Religion, Creation, and Morality

I was trying to find a way into Keith Burgess-Jackson’s eponymous blog, which seems to have been closed to public view since he defended Roy Moore’s courtship of a 14-year-old person. (Perhaps Moore might have been cut some slack by a segment of the vast left-wing conspiracy had the person been a male.) My search for an entry has thus far been futile, but I did come across an intriguing item produced by Burgess-Jackson last August: A Taxonomy of Religions.

In it, KBJ (as I will refer to him hereinafter) claims that there are religious atheists (e.g., Jainists and Buddhists) as well as irreligious ones. Atheistic religions (a jarring term) seem to be religions that prescribe moral codes and ways of life (e.g., non-violence, meditation, moderation), but which don’t posit a god or gods which created and in some way control the universe.

What’s interesting (to me) about KBJ’s taxonomy is what isn’t there. The god or gods of KBJ’s taxonomy are “personal” — a conscious being or conscious beings who deliberately created the universe, exert continuous control of it, and even communicate with human beings after some fashion.

What isn’t there, other than atheism, which denies a creator? It’s the view that there was a creator — a force of unknown qualities — which put the universe in motion but may no longer have anything to do with it. That kind of creator would be impersonal and therefore uncommunicative with the objects of its creation. This position is classical deism, as I understand it.

The only substantive difference between this hard deism (as it’s sometimes called) and non-religious atheism, as I see it, is the question of creation. A hard deist believes in the necessity of a creator. The atheist rejects the necessity and holds that the universe just is — full stop.

But if a hard deist sees no role for the creator after the creation, isn’t he really just an atheist? After all, if the creation is over and done with, and the creator no longer has anything to do with the universe, that’s tantamount to saying that we’re on our own, as an atheist would say.

But a deist could subscribe to the view that the creator not only set the universe in motion, but also did so by design. That is, things like light, the behavior of matter-energy, etc., didn’t arise by accident but are part of a deliberate effort to give order to what would otherwise be randomness.

If one accepts that view, one becomes a kind of soft deist who sees a semi-personal god behind the creation — something more than just a brute force. This position resembles the stance of the late Antony Flew, an English philosopher:

In a 2004 interview … , Flew, then 81 years old, said that he had become a deist. In the article Flew states that he has renounced his long-standing espousal of atheism by endorsing a deism of the sort that Thomas Jefferson advocated (“While reason, mainly in the form of arguments to design, assures us that there is a God, there is no room either for any supernatural revelation of that God or for any transactions between that God and individual human beings”).

I take the view that a creator is a logical necessity:

1. In the material universe, cause precedes effect.

2. Accordingly, the material universe cannot be self-made. It must have a “starting point,” but the “starting point” cannot be in or of the material universe.<

3. The existence of the universe therefore implies a separate, uncaused cause.

Elaborating:

1. There is necessarily a creator of the universe, which comprises all that exists in “nature”.

2. The creator is not part of nature; that is, he stands apart from his creation and is neither of its substance nor governed by its laws. (I use “he” as a term of convenience, not to suggest that the creator is some kind of human or animate being, as we know such beings.)

3. The creator designed the universe, if not in detail then in its parameters. The parameters are what we know as matter-energy (substance) and its various forms, motions, and combinations (the laws that govern the behavior of matter-energy).

4. The parameters determine everything that is possible in the universe. But they do not necessarily dictate precisely the unfolding of events in the universe. Randomness and free will are evidently part of the creator’s design.

5. The human mind and its ability to “do science” — to comprehend the laws of nature through observation and calculation — are artifacts of the creator’s design.

6. Two things probably cannot be known through science: the creator’s involvement in the unfolding of natural events; the essential character of the substance on which the laws of nature operate.

I would add a third unknowable thing: whether morality is implicit in the creation, and if so, what it comprises. But if it is implicit in the creator’s design, it is therefore discernible (if imperfectly).

How and by whom is it discernible? By clerics, reasoning from religious texts? By philosophers, reasoning from the nature of human beings and the discoveries of science?

Here is my view: If morality is something ingrained in human beings by their nature, as dictated by the “terms” of the creation, it reveals itself in widely accepted and practiced norms, such as the Golden Rule.

Such norms precede their codification by philosophers and holy men. They reflect what “works“, that is, what makes for a cohesive and productive society.

Positive law — legislative, executive, and judicial edicts — often undoes those norms and undermines society. The U.S. Supreme Court’s 5-4 decision in Obergefell v. Hodges is but one glaring example.


Related posts:
The Golden Rule and the State
A Digression about Probability and Existence
More about Probability and Existence
Existence and Creation
In Defense of Marriage
Probability, Existence, and Creation
The Golden Rule as Beneficial Learning
The Atheism of the Gaps
The Myth That Same-Sex “Marriage” Causes No Harm
Why Conservatism Works
Something or Nothing
My Metaphysical Cosmology
Further Thoughts about Metaphysical Cosmology
Nothingness
The Limits of Science (II)
The Limits of Science, Illustrated by Scientists
The Precautionary Principle and Pascal’s Wager
Fine-Tuning in a Wacky Wrapper
Natural Law and Natural Rights Revisited
Beating Religion with the Wrong End of the Stick
The Fragility of Knowledge