“‘Taney Deserves His Tribute’: Responding to George W. Liebmann’s Opinion Editorial in The Baltimore Sun”

Seth Barrett Tillman:

In 1861, after Fort Sumter fell, the U.S. Army seized John Merryman, a Maryland citizen and state militia officer, and detained him in Fort McHenry, in Baltimore, Maryland. Merryman’s lawyers sought a writ of habeas corpus. After a hearing, Taney determined that the Army had violated the Constitution by seizing and detaining Merryman absent due process. Taney offered much flowing language—the sort which endears him to do-gooders and starry-eyed civil libertarians. But that is all that Taney did: He offered pieties in a judicial opinion. The reality is that Taney did not grant Merryman habeas corpus. In other words, Taney did not order the Army, or the commander at Fort McHenry (the named defendant in Ex parte Merryman), or the President, or anyone else to release Merryman from the Army’s prison. Now, perhaps the Army would not have obeyed any such a judicial order, but we will never know because Taney never issued one.

Further interesting thoughts at the link.

A Transition of Moral Cultures?

Jonathan Haidt summarizes a paper (by Bradley Campbell and Jason Manning) which may help explain some of the dynamics now manifesting themselves on college campuses and even in the larger society.  In brief:  prior to the 18th and 19th century, most Western societies were cultures of honor, in which people were expected to avenge insults on their own–and would lose social respect and position should they fail to do so.  The West then transitioned to cultures of dignity, in which “people are assumed to have dignity and don’t need to earn it.  They foreswear violence, turn to courts or administrative bodies to respond to major transitions, and for minor transgressions they either ignore them or attempt to resolve them by social means.  There’s no more dueling.”  The spirit of this type of culture could be summarized by the saying “sticks and stones may break my bones but words will never hurt me.”

Campbell and Manning assert that this culture of dignity is now giving way to a new culture of victimhood in which people are encouraged to respond to even the slightest unintentional offense, as in an honor culture. But the difference, Haidt explains is this:

“But they must not obtain redress on their own; they must appeal for help to powerful others or administrative bodies, to whom they must make the case that they have been victimized.”  Campbell and Manning distinguish the three culture types as follows:

“Public complaints that advertise or even exaggerate one’s own victimization and need for sympathy would be anathema to a person of honor – tantamount to showing that one had no honor at all. Members of a dignity culture, on the other hand, would see no shame in appealing to third parties, but they would not approve of such appeals for minor and merely verbal offenses. Instead they would likely counsel either confronting the offender directly to discuss the issue, or better yet, ignoring the remarks altogether.”

I had read something about this model a couple of months ago, and was reminded of it by a discussion at Bookworm Room.  She described a scene of insanity at Rutgers “university,” in which students were so traumatized by a speech given by Milo Yiannopoulos that “students and faculty members held a wound-licking gathering at a cultural center on campus, where students described “feeling scared, hurt, and discriminated against.”

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What should the next President be like ?

trumpmugger

This is not the same as who the President should be. Richard Fernandez has some ideas on what he (or she) should be like.

let me suggest that only four things matter in selecting a man (or woman) to face a challenge whose present dimensions cannot be predicted. For purposes of debate, let these four qualities in descending order of importance be:

1.An ability to face the facts, however unpleasant they may be.

Yes, this is critical and we have had enough of liars and careerists. Is Trump a liar ? I don’t know.

2. An unswerving patriotism. This is not the same as a sincere feeling of love or empathy for America, though that is good. In this context it means the willingness to share the fate of the principals of which he is an agent.

Yes, we are ruled these days by elites who do not plan to share any pain. This is unrealistic but they have been raised to believe they can avoid unpleasant reality. What do we do about this ?

3. Nerve. This is the quality of grace under pressure who no one, unless he has the misfortune to be tested, can be sure he possesses.

Yes, the only real test is the reality and then it is too late. A few have tried to analyze this, and it is not easy.

some individuals did not panic because their body naturally protected them.
Unlike the majority of people who were flooded with a stress hormone, they had much lower levels and also showed signs of another hormone that actually calmed them down.

He referred to Chesley Sullenberger, the pilot of the aeroplane that was successfully landed on the Hudson River in New York last month, as an example.

“There are some individuals who when confronted with extreme stress their hormone profile is rather unique,” he said.

“It doesn’t reach the same peak as the rest of us. So we’re all ready to scream in our chairs, but there are certain individuals who just don’t get as stressed.

“Their stress hormones are lower and the peptides that down-regulate that stress are higher, so you can see in action the hormonal regular system really hitting overdrive.

“Certain people are cooler under pressure and they perform very, very well during these periods of time.”

In his novel, Once an Eagle by Anton Myrer, the author was critical of men in combat who had no fear. They are abnormal and dangerous. Still, Hemingway defined courage as “Grace under Pressure,” and that implied that fear was still present.

In the movie “Patton” an incident was described in which George S Patton Jr attacked three men who he believed to be kidnapping a woman.

patton

Does Trump look like the young Patton ? They seem to have similar expressions.

My own life has been lived as a surgeon and there are surgeons who take beta blockers to deal with tremors caused by high levels of stress hormones. I have never had a problem with anxiety during surgery but, of course, I am not the one under the knife.

4. Intelligence. This is important, because it determines basic competence. But it surprisingly the least important attribute in this list. Intelligence, though rare, is not nearly as hard to find as the 3 characteristics above. You can find staffers who can give you intelligent advice. You cannot find staff to give you a character that you do not possess.

This is so obvious that it should not need to be said but we are ruled by staffers.

What do we make of all this ? I don’t know. Trump is an interesting character and I have no idea how he would function as president. I do think we might get a chance to find out. We should know more in a few weeks.

The Gell-Mann Amnesia Effect and Current Politics

In a recent comment here Andrew Garland referred to a 2009 comment by Chicago Boyz contributor Michael Kennedy, quoting Michael Crichton. It is worth re-posting the Crichton quote in full:

Briefly stated, the Gell-Mann Amnesia effect is as follows. You open the newspaper to an article on some subject you know well. In Murray’s case, physics. In mine, show business. You read the article and see the journalist has absolutely no understanding of either the facts or the issues. Often, the article is so wrong it actually presents the story backward—reversing cause and effect. I call these the “wet streets cause rain” stories. Paper’s full of them.
 
In any case, you read with exasperation or amusement the multiple errors in a story, and then turn the page to national or international affairs, and read as if the rest of the newspaper was somehow more accurate about Palestine than the baloney you just read. You turn the page, and forget what you know.

I thought about this because I have been having an email exchange with a left-wing acquaintance of mine. My acquaintance thinks highly of Obama’s performance in office. Like many of us, my acquaintance has noticed an increase in racial animosity over the seven years of Obama’s presidency. My acquaintance attributes this increased racial tension to racists, presumably white, who “are driven practically insane at the thought of having a black president”.

I am sure that there are such people. A quick tour of the Internet reveals plenty of racism to go around. And yet none of the many anti-Obama arguments I’ve read or heard has been based on race; conservative media are full of substantive arguments against Obama and his policies. Meanwhile Obama and his political allies have gone out of their way to racialize political controversies. And yet most of the Obama partisans I’ve met have been confident that white racism is the cause of most opposition to Obama. Apparently there are many people out there who believe that wet streets cause rain.