If you’ve ever said to yourself, “there ought to be a law,” you should probably rethink that position.
In the first place, there probably is a law that governs whatever you are up in arms about. As I’ve noted before, there are literally so many federal criminal laws that nobody can even say for sure how many there are. And, because federal agencies have the authority to issue rules and regulations, there may be as many as 3,000 administrative regulations that carry criminal penalties. Then, of course, are the state laws. Traditionally, federal criminal law was limited to very particular sorts of crime inherently related to the federal government (counterfeiting, for example.) As a result, the vast majority of criminal laws were promulgated at the state level. The tremendous “federalization” of criminal law hardly did away with did any of the state laws (with rare exceptions of federal preemption), and so there are far more laws now than ever.
Secondly, and more importantly, even where there is not a statute that directly addresses a particular set of circumstances, existing common law still applies. Common law is court created law (or “court discovered law” if you are a serious believer in the natural law and the power of common law courts to divine the eternal precepts thereof.) Common law is developed over time by the courts relying and building upon past rulings. In the words of Montaigne, “in rolling on [laws] swell and grow greater and greater, as do our rivers.” So, for example, there may not be a statute that requires above-ground pool manufacturers to include warnings against diving, but case law almost certainly creates such a duty. Similarly, there may not be a statute or regulation preventing breakfast cereal manufacturers from putting a certain poison in their foods, but there doesn’t need to be; established negligence and products liability case law provides substantial protections for consumers.
And finally, law is quite often not the proper mechanism to achieve your (no doubt noble) aims. In the words of Jeremy Bentham, “Every act which promises to be pernicious upon the whole to the community (himself included) each individual ought to abstain from of him: but it is not every such act that the legislator ought to compel him to abstain from.” In part, law is not an adequate solution to many problems because it is always enforced by violence or the threat of violence, and that violence has its own costs.
Next time somebody says “there ought to be a law,” ask whether they are certain that there is not some statute, regulation, or common law that does not already cover the subject matter. And, regardless of whether such a law exists, ask whether there is not some better, non-legal remedy for the perceived problem.
Beer of the week: 12th of Never Ale – The idiom “on the 12th of Never” is used to express improbability. And, improbable as it may have seemed years ago, Lagunitas has been started putting their beer into cans. This, the first aluminum encased offering from Lagunitas, is a cloudy, straw-colored pale ale. There is lots of pineapplely hops, and a nicely rounded flavor. An excellent beer, even if it does come from a can.
Reading of the week: An Introduction to the Principles of Morals and Legislation by Jeremy Bentham, Chapter XVII, §1, VIII-XV – In this excerpt, Bentham opines that drunkenness and fornication are among the pernicious behaviors that laws are ill-suited to preventing. “With what chance of success, for example, would a legislator go about to extirpate drunkenness and fornication by dint of legal punishment? Not all the tortures which ingenuity could invent would compass it: and, before he had made any progress worth regarding, such a mass of evil would be produced by the punishment, as would exceed, a thousandfold, the utmost possible mischief of the offence.”
Question for the week: If you could repeal any law, what would it be?
In the 1860s, the Supreme Court of the United States heard the case of McGuire v. Commonwealth. Mr. McGuire was prosecuted and convicted for retail distribution of liquor in Massachusetts, where the so-called “temperance movement” had taken hold. Regardless of his federally issued license to sell liquor, Mr. McGuire was indicted and convicted of selling liquor in violation of state law. At the Supreme Court, his attorneys argued that the federal power to sell licenses for the wholesale of liquor preempted the power of the Commonwealth of Massachusetts to effectively nullify those licenses by prosecuting those who attempted to use them. If the states could do so, they would essentially hold the power to excuse themselves from the authority of Congress on any taxation and licensing issue. Their arguments were not availing.
Although the heart of the legal issue was the relationship between federal and state power, Messrs. Cushing and Richardson, the attorneys, were at their best in arguing against temperance laws on their own merits. They argued persuasively (especially to those of us with the benefit of hindsight) against prohibition. Many of their points are worth consideration for how prescient they were and how applicable they remain.
1. It is not true, as alleged, that wines, fermented liquors, or even distilled spirits, are poisons of themselves, otherwise than that everything we eat or drink may be deleterious if used in excess.
It is always striking how the word “temperance” is always used to mean “abstinence”, while the word itself surely implies “moderation.” And not only is alcohol not an evil in itself, it has health benefits as will be seen later.
2. In view of the example and injunctions of our Saviour and his Apostles, in this respect, it cannot be true that the use of wine is immoral of itself.
Rumor has it that there are actually certain Christian sects that claim that when Jesus turned water into wine that it was non-alcoholic because it did not have time to ferment. As if Jesus’s power was limited to changing water into grape juice and was insufficient for turning sugar into alcohol and carbon dioxide.
3. It is not true, as pretended, that it is our duty to abstain utterly from any object of health or enjoyment because others may abuse it. The effect of this doctrine would be to deprive us of everything desirable, even the dearest of all human relations; since nothing exists for the use of man which some men will not abuse.
This is a very similar argument to the one made in an earlier post on this blog about prohibitions on gambling. Viz. the fact that some people are unreasonable is not a sufficient reason to ban reasonable people from X.
4. It avails nothing to make war on the sale of distilled spirits; for spirits may be distilled in every man’s kitchen, by means as cheap, as accessible, and as manageable as the preparation of a cup of tea or coffee; and if it were not so, other anaesthetic agents exist, which the law cannot reach, such as opium and bang, the familiar means of intoxication used by more than half of the human race, to say nothing of the professed anaesthetic medicaments.
There are two arguments here, both of which are commonly advanced regarding the prohibition on hemp. 1. Despite the insane amount of money spent on the “war on drugs”, hemp is still easy to grow or otherwise obtain, and 2. cracking down on any given drug drives people to other drugs, often more dangerous ones. Many people have observed that if hemp were more available and accepted, that would be a tremendous step toward overcoming the current opioid crisis.
5. The universal prevalence of the use of one or another object of this nature, in all ages, all countries, and all states of society, serves to show that they satisfy a physical exigency of man’s organization as imperative as that of food, and of course laws cannot eradicate, although they may regulate, such use.
Ah yes, the biological imperative to get impaired. People have always self-medicated for depression, anxiety, and all of the other conditions for which we have only lately had names. Wine may not be the best medicine for these maladies, but it is also far from the worst.
6. It shocks the sense of mankind, to prohibit absolutely by law the use of wines, fermented liquors, and distilled spirits as a healthful beverage in moderation of use; and the effect of such laws, if rigidly enforced, would only be to introduce by the side of the vice of drunkenness, the worse one of universal hypocrisy.
Again, the parallels with arguments over legalized hemp are stunning. Several states have decriminalized hemp specifically for medicinal use. Those who would impose a total ban on hemp “for the public health” are surely hypocrites in this regard.
7. It confounds all distinction of right and wrong, in the acts of instructed men, and in the conscience of the less instructed, to seek to elevate the use of wine to the dignity of an illegal and immoral thing, for the suppression of which all the energies of society should be tempestuously exerted.
There is a lot going on here. In the first place, there is an important misrepresentation of the law. The laws of prohibition (be they alcohol, hemp, opium, etc.) traditionally do not criminalize the use of the product. It is not illegal to consume hemp, it is illegal to have hemp. This distinction is important because laws properly curtail actions rather than things. One should always remember that when a law purports to ban a thing, it is actually banning you from doing something. All bans are essentially limits on personal freedom.
Secondly, they touch on the amount of government effort that would be required to actually suppress the consumption of alcohol. The combined effect of alcohol prohibition and the “war on drugs” set back society immeasurably, if only because of the tremendous waste of money and manpower on the (attempted) enforcement of these laws.
The so-called temperance agitation has effected no abatement, in the whole, of the use or abuse of intoxicating drinks, and in the end will probably produce, by recoil, a state of things worse than that which existed before the agitation. No superiority then over the nation is due to those legislators of Massachusetts, who pretend to be “more powerful than Nature, wiser than Truth, better than God.”
Beer of the week: Lakefront IPA – It is a new year, but not a new beer. I’ve had this Milwaukee brew several times, and occasionally on-site at the Lakefront Brewery. The head leaves plenty of good lacing on the glass. The flavor is quite balanced, with a solid malt body layered with plenty of juicy hops. Lakefront are certainly doing good work.
Reading of the week: McGuire v. The Commonwealth, 70 U.S. 3 Wall 387 (1866) – There are some people who think that government regulation is the solution to every societal problem. But positive law is extremely limited in what it can accomplish. As the learned counsellors argue: “English and American society has been floundering along from one folly to another in the paths of false theory and unphilosophical legislation, under the influence of the idea that statute law is the all-sufficient remedy of every sort of human infirmity; an idea which is itself the special human infirmity of the well-intentioned people of New England.”
Question for the week: The temperance movement was led by Christians. What is the strongest scriptural basis for a policy of teetotaling?
This is the ninth in a series on Franklin’s moral improvement plan, the rest of the posts are available here.
JUSTICE: Wrong none by doing injuries, or omitting the benefits that are your duty.
According to Herbert Spencer, there is one law from which all other laws spring: survival of the fittest. Every individual ought to benefit to the extent that he is well adapted to his conditions and suffer to the extent that he is ill adapted. Consequently, all behavior that is conducive to survival is just. But this seemingly selfish principle has a number of caveats.
In the first place, the survival of the species is paramount over the survival of the individual. Spencer comes to this conclusion by comparing the ultimate result of the failure to survive. If any given individual (or even a multitude) dies, the species may live on. But extinction of the species necessitates the death of every individual.
One consequence is that adults have an obligation to the children in their family-group. Although adults deserve benefits commensurate to their fitness, infants deserve benefits inversely to their fitness. “Within the family-group most must be given where least is deserved, if desert is measured by worth.” The adults, therefore, subordinate their own good for the good of the infants.
Likewise, in larger society, individuals subordinate their own good, to some extent, for the good of the group. In living together, each individual gains some additional security against evils and some benefits from cooperation. In exchange, individuals must accept a certain amount of restraint, giving up the freedom to act in particular ways that harm or endanger the group. And ultimately, some individuals may even be expected to die for the good of the group.
Although the sacrifice of some individuals appears to be the complete subjugation of the individual to the group, society remains reducible to the survival of the fittest individuals. After all, the species or group or family is merely an abstract aggregate of concrete individuals. As the overall mortality of the society improves with cooperation, individuals live longer. And the longer individuals live, the more time they have for their superior adaptation has to show itself. Each individual, is therefore in a better position than ever to benefit from his superior adaptation or suffer from his inferior adaptation. “And vaguely, if not definitely, this is seen to constitute what is called justice.”
Beer of the week: Strela Cabo Verde – Contract brewing is when a brewer outsources the production of his beer. Pabst, for example, does not actually brew any beer any more; all of their beer is contract brewed. This is also common with “foreign” beers. The Bass that I wrote about in an earlier post was brewed in New York.
Strela is a beer from Cape Verde, off the coast of Africa. However, this bottle was brewed under contract in Belgium. On one hand, I would like to try an actual African beer. On the other, I am skeptical about the quality of African beer and well acquainted with Belgian beers. Unfortunately, this is probably the worst beer I have ever had from Belgium. Strela is a very pale adjunct lager. It smells of corn and tastes… bad. I hope that the stuff that is actually brewed in Cape Verde is better than this.
Reading for the week: Justice by Herbert Spencer – The chapter preceding this selection applies the principles of justice to the animals. Like human society, animal society develops more pronounced justice as the society becomes more complex.
Question for the week: Spencer acknowledges that as societies become more organized, individuals gain more benefits, but individuals also also become more constrained. And in some instances, society may demand more from an individual than he gains by being a member. Is there an inevitable tipping point resulting of the growth of society? Must increased organization always tend to a point where constraint outweighs benefit?
“The American of today, in fact, probably enjoys less personal liberty than any other man of Christendom, and even his political liberty is fast succumbing to the new dogma that certain theories of government are virtuous and lawful, and others abhorrent and felonious. Laws limiting the radius of his free activity multiply year by year: It is now practically impossible for him to exhibit anything describable as genuine individuality, either in action or in thought, without running afoul of some harsh and unintelligible penalty. It would surprise no impartial observer if the motto “In God we trust” were one day expunged from the coins of the republic by the Junkers at Washington, and the far more appropriate word, “verboten,” substituted. Nor would it astound any save the most romantic if, at the same time, the goddess of liberty were taken off the silver dollars to make room for a bas-relief of a policeman in a spiked helmet. Moreover, this gradual (and, of late, rapidly progressive) decay of freedom goes almost without challenge; the American has grown so accustomed to the denial of his constitutional rights and to the minute regulation of his conduct by swarms of spies, letter-openers, informers and agents provocateurs that he no longer makes any serious protest.” – The American Credo (1920)
In the nearly 90 years since George Jean Nathan and H. L. Mencken published The American Credo, the country has changed quite considerably. It seems worthwhile to make note of some of the ways that their predictions have turned out:
- “[T]he dogma that certain theories of government are virtuous and lawful, and others abhorrent and felonious” has been a staple of American foreign policy since the book was published. The whole of the Cold War was dedicated to the proposition that American-style “democracy” is morally superior to Soviet-style “communism”. Our latest military adventures have likewise been sold as “spreading democracy” to countries that have “bad” governments. (Even as the United States has actively participated in propping up violent dictators, so long as they were adequately pro-American, if not pro-democratic.)
- It is more true than ever that virtually all actions violate some law or other. Federal laws alone are now so numerous that literally nobody can say how many there actually are. Additionally, many federal regulatory bodies have the power to enact rules and regulations that carry criminal penalties. So while there may be as many as 4,500 federal criminal laws, there may also be as many as 300,000 federal regulations with criminal penalties. Consequently, it remains nearly impossible to do anything “without running afoul of some harsh and unintelligible penalty.”
- “In God we trust” is subject to more or less constant attacks, but so far without any success.
- The goddess of liberty has been removed from our dollar coins. Her first replacement was Dwight Eisenhower, former general and chief executive. Not quite a “policeman in a spiked helmet,” but not too different either. Eisenhower gave way to more peaceful images of Susan B. Anthony and then Sacagawea. Now we are back to the presidents, although the mint now has such an insane supply that they have stopped releasing new presidential dollar coins into circulation. More important than the image on the coins, however, is the fact that in the middle of the 1960’s the United States officially reneged on the promise to pay silver on demand for its notes, paving the way for unprecedented manipulations of the supply of money.
- The “swarms of spies, letter-openers, informants and agents provocateurs” are still at work in this country, but with more power than ever. Whistle-blowers such as Edward Snowden have helped to highlight just how vast and pervasive American government spying is. And, true to Mencken’s observations, the vast majority of Americans do not put up any real protest.
The more things change, so they say, the more they stay the same. But it is hard to believe that even Mencken and Nathan could have been so cynical as to foresee the world as it is today. Surely the constant, and actually accelerating, decay of freedom must have a breaking point. How vast our freedom must have been if we are able to have lost so much.
Beer of the Week: Zlatý Bažant (Golden Pheasant) – Although I have been aware of this Slovakian beer for quite a while, I never tried it until now. When I saw Golden Pheasant for sale in the past, it was always brewed under contract in the Czech Republic. This bottle, however, is the real deal from Hurbanovo, Slovak Republic. The beer is pretty and golden, with a nice white head that leaves decent lacing. It seems very much like any Czech lager, but there is something about it that seems a bit off, particularly in the aftertaste. It really is an ok beer, but there is just something about the Golden Pheasant that I don’t care for.
Reading of the week: The Spy by Svetozár Hurban-Vajanský – Hurbanovo, Slovakia, as it turns out, is named for Jozef Miloslav Hurban, a prominent Slovak freedom-fighter against the oppressive Hungarian regime. His son Svetozár Hurban-Vajanský was a poet and also a prominent Slovak nationalist. So a Hurban-Vajanský poem seems like a good pairing for Golden Pheasant. — The extensive use of spies and secret police against citizens is a sure sign of trouble for all freedom-loving peoples. It has been repeated through history, and the rulers who use those tactics number among the most notorious names in the annals of human society. This poem is a parody of the creation of man from Genesis. The devil forms a body of clay (and spit) and breathes life into it. And the result is not an ordinary man, but something far more evil: a spy.
Question of the week: There is an expression, the origin of which I cannot locate: “agent provocateur is a job so despicable that there is no word for it in the English language.” Do you know who said that? And is the agent provocateur really the worst sort of spy?
Peer pressure is an interesting and familiar phenomenon. It can also be very dangerous, particularly when alcohol is involved. The classic form of peer pressure is “to be one of us, you must do x“. If “x” is drinking, smoking, stealing, etc., this can be very problematic indeed. But peer pressure can also be used to encourage more positive behaviors or to enforce less dubious social mores. (“If you want to be one of us, you have to be respectful.”) So peer pressure is not bad per se.
One particular form of peer pressure that deserves a closer look is when there is a very specific non-peer group used as a counter example. In this sort of peer pressure, the form is “do NOT do x, lest you become one of them.” There remains the implicit pressure to conform to one’s own peer group, but the pressure is compounded by vilifying another group.
The Laws of the Old Testament are full of this sort of admonition. A several acts are proscribed specifically because they are perceived as gentile behaviors. And even when certain things are prohibited for reasons other than to keep the Jews separate from the rest of the world, there is still a hint that being different from the gentiles is the real goal. Moses Maimonides explained that the prohibition on eating pork was for sanitary reasons. Even so, he made a point of bad mouthing the (Christian) French while he was at it. “[W]ere it allowed to eat swine’s flesh, the streets and houses would be more dirty than any cesspool, as may be seen at present in the country of the Franks.” Don’t eat pork, or you will be like the French.
Likewise, in A Counterblaste to Tobacco, King James I of England railed against the use of tobacco, arguing in part that it is unbecoming of Englishmen to take on the habits of “beastly Indians.” For good measure, he even points out that the English disdain the habits of the French and Spanish. If they refuse to adopt the customs of their near neighbors, how much worse is it to imitate New World savages?
Of course, the French were not only on the receiving end of this type of negative peer pressure; they practiced it as well. After invading Egypt, the use of hashish among the French became popular. Napoleon supposedly banned the consumption of hashish, not because of it’s deleterious effects, but because he did not want to see Frenchmen adopting the habits of lower-class Egyptians.
On this side of the Atlantic, the same thing can be observed. In addition to banning tobacco and alcohol, the Mormon prophet Joseph Smith forbade his followers from drinking tea and coffee. One of his supposed revelations from God was that “hot drinks are not for the body or belly.” Frankly, I do not know if the prohibition on tea and coffee was specifically for the purpose of further separating Mormons from the rest of American society. But it is worth noting that something like 90 percent of American adults consume caffeine daily, making it the single most popular drug in the country. If the goal is to separate themselves from the rest of society, a rule against coffee seems like a good starting place.
About a century ago, the Department of Agriculture relied partly on the vilification of the others in advocating the prohibition of cannabis. In a report by R. F. Smith, the Department concluded that, “[t]he sale of the drug [marijuana] is not confined to Mexicans. American soldiers, negroes, prostitutes, pimps, and a criminal class of whites in general are numbered among the users of this weed.”
There you have it, don’t eat pork, lest your cities stink like France. Don’t smoke tobacco, lest you take on the habits of savages. Don’t take hashish, lest you be like lowly Egyptians. Don’t drink beer, wine, coffee, or tea, lest you fall in with non-Mormon Americans. And don’t smoke hemp, lest you be like Mexicans, negros, pimps, and the criminal class in general. You don’t want to be like any of them, do you?
Beer of the week: Dundee English-Style Ale – There may well be legitimate reasons to avoid pork, coffee, tobacco, alcohol, hashish, and cannabis. (Legality and health concerns spring to mind in particular cases.) But the fact that some group of “other” people consume them is not a legitimate reason. So I am going to smoke the occasional shisha (tobacco) and cigar. And drink this beer. Dundee English-Style Ale is a dark brass-colored ale has a foamy white head that leaves good lacing down the glass. The aroma is slightly sour and malty, like sourdough. The body is malty with hints of sour and spice. Overall, very nice beer. Dundee proves to be a good value yet again.
Reading of the week: A Counterblaste to Tobacco by King James I of England – Jeremy Bentham wrote of this pamphlet, “as the circumstances of the times did not afford the same facility of burning tobacco-smokers as for burning Anabaptists, [King James] was forced to content himself with writing a flaming book against it.”
Question of the week: Have you seen peer pressure used for good?
Near the end of his life, Thomas Jefferson found himself in a tight spot financially. He had spent the previous 60 years or so in the public service as President, Vice-President, Governor, Ambassador, Regent of the University of Virginia, etc. These various services to his country and state kept him, so he claimed, from properly attending to his own affairs. As a result, he ended up deep in debt.
His solution was to sell some of his property to pay off his creditors. However, the land was very valuable and the market was very depressed, so he feared that there would be nobody willing to pay full price. As an alternative to traditional sale, he proposed a lottery. By putting up the property as the prize of a lottery, he believed that he stood a better chance of receiving full value for the land. The only problem was the the Commonwealth of Virginia regulates all lotteries, so Jefferson would need special dispensation from the legislature. So he made an appeal, recounting all of his services to state and country and waxing philosophical about the moral implications of gambling.
Jefferson starts this appeal by acknowledging that “chance” is merely the name given to causes that we do not or cannot know. “If we know the cause [of a thing], we do not call it chance; but if we do not know it, we say it was produced by chance.” So every human endeavor includes some element of chance. He calls the farmer “the greatest of all gamblers” because the farmer risks his rent, his seeds, and his labor on a crop that may fail because of things beyond his control. And because all human action is a gamble to some extent, gambling cannot be immoral per se. So far, so good.
But then Jefferson holds in opposition those games of chance that are not productive in the way that insurance or capital investment are. (I briefly observe that games of chance are productive in the form of entertainment, which can be hard to measure but clearly has value.) He writes of “cards, dice, billiards, &c.” as games “which produce nothing, and endanger the well-being of the individuals engaged in them.” And he lauds the state’s suppression of these games for the sake of those who would be injured by playing and losing. Here, I think, Jefferson busts.
Jefferson acknowledges that there is a natural right to gamble. This, I take it, is based on two considerations: first, as discussed above, gambling is not immoral per se, but is merely another term for the risks that all of us take in each of our daily actions; and second, that the natural right to property necessarily includes the right to dispose of it by sale, gift, or game of chance. (A previous post on this blog discusses the curious relationship between Jefferson’s and Locke’s notions of the natural right to property.) So once gambling is acknowledged as a natural right, how can its prohibition be justified?
The justification is by way of analogy. The analogy drawn by Jefferson is between degenerate gambling and “insanity, infancy, imbecility, &c.” If a gambling addiction is a sort of madness, then the state is right to prohibit gambling for the protection of the addicts. But even if we agree that a gambling addiction is akin to a mental handicap – which is at least debatable – the analogy is somewhat unfair. Why should all table games be banned for the protection of the fraction of the population that suffers from a gambling addiction? If we do not allow children or the mentally ill to drive cars by virtue of their infancy or insanity, that does not mean that we would authorize the state to ban cars outright. And if cars are too modern a concept, then consider an example of what children and the insane could not do in Jefferson’s day: neither group was capable of entering into legally binding contracts. Yet Jefferson would not have advocated the notion that the enforcement of all contracts should be banned for the sake of the children and the insane. Rather, the intervention of the state should be limited to protecting the narrow subset of individuals while interfering as little as possible with the rights of everybody else.
Beer of the week: Wieselburger Gold – Jefferson may have found himself short on gold, but who isn’t? If the name “Gold” is used to describe the color this Austrian beer, the name is not very apt. This brew is much more pale than anything that I would call gold. If the name refers to the quality of the beer, they still come up a bit short; this is a bronze medal beer, silver at best. What little head there is dissipates quickly, and there is hardly an aroma to speak of. However, the flavor is not without its charms. There is a bit of malt sweetness up front, and a floral, hoppy finish that leaves the mouth feeling dry, always encouraging the next sip.
Reading for the week: Thoughts on Lotteries by Thomas Jefferson – There is more to dislike about this appeal than the weak analogy between gamblers and the insane. Notably, Jefferson discusses his own political career at length and argues that he should be entitled to exceptional treatment by the legislature on those grounds.
Question for the week: Is there a formula for what percent of the population is impacted before rightful actions should be banned?
The overwhelming majority of lawsuits settle before trial. By some estimates, fewer than 1 out of every 10 cases make it all the way to trial. And for the most part, settlement is the best option for both sides. Going to trial means more court fees, more attorneys’ fees, and, perhaps most importantly, the possibility of simply losing. A litigant who is able to accurately and rationally appraise the value of his case and the probability of success should be able to negotiate a settlement that minimizes his costs and risk. In that light, it seems that the biggest obstacle to settlement is the simple fact that people are not all that rational.
In The Death of Ivan Ilych, Tolstoy presents a beautiful example of a man who rationally knows one thing, but nonetheless refuses to believe it:
The syllogism he had learnt from Kiesewetter’s Logic: “Caius is a man, men are mortal, therefore Caius is mortal,” had always seemed to him correct as applied to Caius, but certainly not as applied to himself. That Caius—man in the abstract—was mortal, was perfectly correct, but he was not Caius, not an abstract man, but a creature quite, quite separate from all others. He had been little Vanya, with a mamma and a papa, with Mitya and Volodya, with the toys, a coachman and a nurse, afterwards with Katenka and will all the joys, griefs, and delights of childhood, boyhood, and youth. What did Caius know of the smell of that striped leather ball Vanya had been so fond of? Had Caius kissed his mother’s hand like that, and did the silk of her dress rustle so for Caius? Had he rioted like that at school when the pastry was bad? Had Caius been in love like that? Could Caius preside at a session as he did? “Caius really was mortal, and it was right for him to die; but for me, little Vanya, Ivan Ilych, with all my thoughts and emotions, it’s altogether a different matter. It cannot be that I ought to die. That would be too terrible.”
The Stoics equate nature, god, and reason. The highest good for man, therefore, would be to achieve purely rational thought. The problem, as Tolstoy observes, is that human thought will always consist of an admixture of reason and emotion. In this particular example, self-love clouds the reasoning of Ivan Ilych. In other cases, including a great number of lawsuits, anger or other emotions interfere with one’s ability to think clearly. One simply cannot be purely rational. For the Stoics, self-love and emotions are to be overcome in the name of reason. For Tolstoy, however, a purely rational life would be no life at all. What makes us human is not our ability to reason alone, but all of our emotional and mental capacity.
Beer of the week: Nikšićko Pivo – Tolstoy lived through the Russo-Turkish War of 1877-1878. The culmination of that conflict was the Treaty of San Stefano, which granted the Principality of Montenegro official international recognition and expanded territory. Part of the new lands acquired included the city of Nikšić. And it is from Nikšić that this week’s beer comes. Frankly, I hoped for more from my first beer from Montenegro, and I really did not expect much. Despite the artificial coloring listed in the ingredients, the beer is still very pale. It pours with heaps of white foam. There is not much going on flavor-wise in Nikšićko, mostly just cheap grain and a slightly metallic aftertaste. Oh well.
Reading of the week: The Death of Ivan Ilych by Leo Tolstoy, Chapter VI – The above-quoted syllogism is somewhat novel to me. I had always heard it with Socrates rather than Caius. This reading really says a lot about the way that humans think, especially how they think about themselves in relation to the rest of the world.
Question for the week: How often do you persist in something out for emotional reasons when you know rationally that it is the wrong choice?