Consent is Weak

How do you tell if an act is moral? If you ask a typical college student or any of their professors, they’ll have the answer for you right away: If everyone involved in the act consents, it is moral. If anyone does not consent, it is immoral. We’ll call people like this Consent Theorists. It sounds more elaborate than it really deserves.

Consent is a pretty basic concept. As part of one’s moral framework, it has a number of uses, from dealing with contracts and promises to preventing people from forcing people to do things against their will or conscience. However, as basis for moral acts – as it is often presented in the academic and pop culture worlds – it is a miserable failure.

Consent Theory breaks down immediately when you consider criminal law. Criminals don’t consent to being imprisoned or fined for their actions. A Consent Theorist may squirm enough to find a crack and suggest that by committing a crime, a person forfeits their right to demand for consent. This isn’t so much an escape from the problem as an admission that things are even weaker than we thought. Now, consent must obey a higher law. It fails outright at being the basis for morality.

There are other problems with consent as a basis for one’s ethical views. Consent is easily manipulated. You can get someone to consent to anything with the right threats or lies. A Consent Theorist may suggest that such things are wrong; that consent proper requires that someone makes it free of threats and with all of the relevant facts presented to them. This, like criminal law, leads to the problem of a higher law being in place. If consent determines whether acts are moral or immoral, what standard do we have to determine whether one form of consent is better than another?

Aside from these and many other cases where consent quickly gets superseded by some higher moral imperative, it turns out that even if we ignored all of them, consent can only address questions of whether we can do something morally. It fails utterly at compelling us to do things we ought to do. If you see someone drowning, should you throw them a life preserver? Consent says nothing. Sure, both you and the drowning victim could consent to the arrangement, but if you don’t consent yourself, the guy in the water is out of luck. Now, we’re left with the fact that consent is too weak to deal with the real world and too amoral to deal with acts we know are morally required of us in the same axiomatic sense that we know the real world exists.

Why should we even obey the rule of consent in the first place, though? Consent Theory has nothing to say about this. If we ought to seek consent before an act is made moral, why? A Consent Theorist could say that if we consent to Consent Theory, we are compelled to follow it, but this does nothing to those who refuse to do so. It’s a moral outlook that can’t compel anyone to follow it in the first place.

Moral duties and values, however, are strong enough to ground a moral framework, and the fact that Consent Theory must appeal to them proves they precede it. We are compelled to act morally and to abstain from acting immorally. Consent is merely a part of this process; when we engage in acts with others which are morally neutral on their face, consent makes sure we don’t force people to do things they don’t want to do. On the other hand, consent doesn’t make immoral acts moral; it can say nothing of whether engaging in same-sex relations, engaging in pre-marital sexual relations, or assisted suicide are moral or immoral. If those acts are immoral, consent can’t justify them.

Consent isn’t in the business of making immoral acts into moral acts. In its rightful place, it is a servant of moral values and duties. When university professors and media personalities skip over moral values and duties – and their origin – and focus instead of consent, all they do is hide the really interesting and important things. I suppose you’d want to do this if you had a sense what you were doing was wrong. Best not to shine a light on darkness if you love the dark.

A Simple Argument for Good Government

The founders, probably not thinking about adding a “right to free alcohol and tobacco” to the bill of rights.

1. Small government is less likely to do evil to you than big government, so small government is better.

2. People who struggle through life encourage the growth of government.

3. Therefore, given (1) and (2), it is better to help people not struggle through life.

4. Two of the primary causes of people struggling through life are coming from broken homes and living life irresponsibly.

5. Therefore, given (3) and (4), it is better to discourage both of those things.

6. Government can choose to do things that limit broken homes and living life irresponsibly.

7. Therefore, given (5) and (6), government ought to actively seek strong families and moral, responsible living.

While most conservatives likely agree with everything, many libertarians accept premise (1) but reject the conclusion (7), despite agreeing with many of the items along the way.

This line of reasoning is one of the reasons I am a conservative myself, and not a libertarian. Large government is directly tied to the needs people have and for which they then petition the government to address.

A village in a valley that floods might petition the government for something they can’t build by themselves (a dam, for instance). A child who is practically abandoned by his parents due to divorce and subsequent demands on the parents needs help in many areas of life, and so the government steps in in the name of benevolence. An adult who engages in behavior which result in disease and a broken life needs government assistance. Big government thrives on human need.

What is better is not having policies which encourage the situation in the first place. Unfortunately, a large government wants to increase in size, and so doesn’t discourage the situation. A government can’t stop a valley from flooding by changing the laws of nature, but a government can certainly prevent divorces by making them hard to get instead of more simple and convenient than filling out warranty paperwork for a refrigerator.

Misconception Monday – Awareness

Not only a new post – the first in a month – but a Misconception Monday! Excuses abound, but I’ll spare you those.

Back in the olden days before indoor plumbing and antibiotics, “awareness” wasn’t a virtue. It became a virtue in all but name during the information age. And why should we expect things to have gone any differently? We must be made aware of information, and information is king. Or so we are told.

I’m not convinced that awareness in the modern sense is of much benefit. We talk of breast cancer awareness (we even have a month dedicated to it). Is there any literate person in the Western world who does not know about breast cancer? I know very few who know that the highest cause of death for women is heart disease.

But this trades on the difference between knowledge and awareness. The former is the sum total of what information and experience we have with a particular thing, while the latter is our conscience thinking of (and often cautiously watching for) it.

We could know about the army our enemy’s have in the field, but we want to be aware of it. On the other hand, we are often aware that we are thirsty or hungry and would prefer to know that we are not after addressing the problem.

These are old fashioned ways of looking at both terms. In our enlightened era, awareness is a virtue. The more we are aware of, the better, right? Isn’t that part of the reason people voluntarily bombard themselves every waking moment with 160-character strings of text?

We’re probably best avoiding all of the “awareness” nonsense. We should avoid being aware of particular facts as we are manipulated into hearing them.


Pre-Existing Conditions

President Trump recently signed a variant of Obamacare into law. Despite being pretty consistent with the law it replaced, many articles (and many comments responding to those articles) have brought up all of the old debate topics that popped up when Obama signed the original massive healthcare bill.

One topic in particular that seems to consistently divide people is insurance coverage of pre-existing conditions. If someone wants to buy health insurance but already has a medical condition for which health insurance would help alleviate costs, some argue that it is cruel to deprive them of the opportunity. Who needs it more, after all?

Answering this concern is straightforward and simple, and it’s a good lesson in how to respond to fuzzy emotional complaints (which are a terrible grounding for law). There are straightforward economic reasons that it’s actually impossible for health insurance to cover pre-existing conditions.

By “insurance”, I am referring to a system in which a large number of people pay money in proportion to some risk they may incur into a fund and out of which fund a small percentage of those people may withdraw money should they realize the risk accidentally. Paying money “in proportion to risk” simply means that some people are more likely to incur whatever risk the insurance hedges against, and so pay extra as a result to balance the flow of money in and out of the fund. The reason the risk must be realized accidentally is to avoid fraud.

All insurance works this way. Millions of people pay a car insurance company to protect their cars. Younger drivers, elderly drivers, and drivers with a history of traffic violations all pay more. More expensive cars also end up costing more, regardless of who is driving them. Thankfully, most people don’t get into car accidents, and so most of the people paying into the system never get anything out of it but peace of mind (or, in some places, the ability to legally drive their car). If someone goes out and bashes their car with a baseball bat in order to obtain a new one from insurance, their insurance company will decline the request; fraud would ruin the system.

Now imagine if suddenly, car insurance companies were required to cover cars which are already damaged. If you don’t have car insurance and you get into an accident, the car insurance company under penalty of law cannot decline you as a client. Nor can they hold you as a client indefinitely; you can always leave an insurance contract after a period of time. What would this do to the system?

Well, no one would buy car insurance until they got into a car crash. Why pay for something that does absolutely nothing for you? But can you see what this does to the equation? If 1000 people each pay $100 into car insurance each year and only 10 get into a car crash (we’ll estimate $10,000 as an average cost of each accident), then you have 1000 x $100 = $100,000 coming into the fund and 10 x $10,000 = $100,000 going out.

But if car insurance can be purchased on the spot even after a car accident to cover the car accident, 990 of those people won’t be paying anything. Why would they! They could get the benefits of insurance any time they actually needed them. The new equation is 10 x $100 = $1000 coming into the fund and 10 x $10,000 = $100,000 going out. $99,000 short to cover the expenses. The insurance company would foot the bill and would close. No company could take $99 in loss for every $1 of income.

This same analysis applies to medical insurance. No one would purchase medical insurance until they had a condition if it covered “pre-existing conditions”. This means that the only people paying into the fund are those who need to withdraw from it. You can hopefully see where this is going: “buying insurance” would cost as much, if not more, than paying out-of-pocket for all medical costs.

“But wait”, I hear you say. “What if the government also forced everyone to buy insurance?” This is exactly what they’d need to do. But now you’ve got an even bigger problem. First, in the United States, it is simply unconstitutional for the government to force citizens to buy a product or service. The Supreme Court, sympathetic to Obama, knew this. That’s why, despite Obama selling his Obamacare plan as something that would not raise taxes, the Supreme Court was forced to say that it increased taxes. Without forcing citizens to pay into the system, it would collapse.

But this isn’t the only problem, and it’s the reason the system collapses everywhere it is tried.

The more that insurance covers, the more expensive it is. That seems pretty straightforward. But the more it covers, the more expensive it also makes the services it covers. When insurance is used exclusively to pay for a particular service – and no one ever needs to pay out-of-pocket for it – that service increases in price. There’s no competition or bartering going on. The insurance company can raise rates and there isn’t much you can do about it.

This leads to a single-payer sort of system, where insurance companies simply can’t keep up with the demands of the government and are eventually just made into a government bureaucracy of their own. This costs incredible amounts of money (as it automatically raises the costs of services without limit), and is unreliable over longer periods of time and over populations with varied wealth and medical needs.

Much of this is beyond the scope of the problems with single-payer health care, but you can see already how it is all tied together, one problem necessitating a solution which itself becomes a problem, etc. The point is, any insurance which purports to cover “pre-existing conditions” isn’t insurance. It’s just an extra cost and added hassle on your way to paying the full cost of whatever service you want.

American Vices

They say you can tell a lot about a person by seeing what he loves. I think you can tell a lot by what a person hates, too. And not the sort of obvious denunciation-laden hatred that you see at Westboro Baptist “Church” protests. The hatred I’m speaking of is a silent contempt so ingrained in the people who hold it that they don’t consciously think about it.

For instance, American Christians often hold contempt for ritual and tradition. Sometimes this is expressed outwardly, but often it can be seen more clearly in other ways. For example, churches often consider it “progress” to substitute hymns for more modern forms of music, regardless of the quality of content or form that the music takes. While you might overhear people whisper their contempt for those curmudgeons who stand in the way of progress, you’ll often just see it in the shallow theology of the members. Hymns are a very efficient way of sowing theological truths into congregants, and this is lost when they are replaced.

One particular example comes to mind above all others though: wearing formal clothing to church. Putting aside the obviously contemptible reasons to wear a suit and tie when going to church (to appear better than others, to show off, to imagine oneself as more spiritual for doing so), there aren’t too many good reasons to avoid dressing one’s best when attending church.

It is good to dress and look one’s best when attending a funeral, a wedding, or a job interview. You want to give a good impression, but you also have some reverence of the event (at least in the first two scenarios). You know in the back of your mind that these are important things, and you should act importantly, no matter what you feel. But Americans love what the deem authenticity – that situation where you do or say whatever you like without reservation. So when it comes to church, many American Christians think it is actually wrong to dress well. They won’t often say this verbatim (although I’ve heard it). Instead, they’ll treat it as a spiritual accomplishment to no longer be concerned with their own appearance.

For instance, you might hear something like: “I learned it didn’t matter if I was wearing a t-shirt and jeans or a suit. It’s not about the outward appearance, but about the heart.”

On the face of it, who could argue? Of course the clothing we wear doesn’t have a salutary effect on us. Of course the health of our souls is not dictated by our clothing selection. But there is a silent contempt here veiled in spiritual language. For instance, consider this: “I learned it didn’t matter if I told my children that I loved them or not. It’s not about the outward appearance, but about the heart”.

“Aha”, I hear you say. “That’s different. If you love your children, you’ll tell them. The inward has an effect on the outward.” To which I can only agree, and by agreeing, prove my own point. The clothing we wear reflects the seriousness of organized worship.

Someone told me – and I think he was serious – that it was impossible to really know what was meant by “dressing one’s best”. What qualified as “best”? The Sun King of France had something very different in mind than Charles Spurgeon, for instance. But the fact of the matter is that everyone has an idea of what is best in their particular context, else we couldn’t even talk about it. What is “best” might have some subjective variability, but what is “best” is still a superlative, and we can’t make any comparisons without it. If it is better to wear a suit and tie (if you have the means) than to wear underwear alone, the existence of the superlative is already implied.

At the end of the day, it is wiser to dress your best than to argue that it doesn’t matter what you wear. And it is wiser to know what you secretly despise than to find out by having it challenged by someone who doesn’t make the same assumptions about the world as you.

This could easily dovetail into the objective nature of beauty, but I think I’ll save that for another post.