Do the MOBOs celebrate artists with an anti-gay agenda?
Author: Ophelia Benson
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Academic Bill of Rights
The move by the Republican governor and legislature of Colorado to make something called the Academic Bill of Rights a part of state law raises a lot of interesting questions. At first glance it would seem to harmonize well with the mission of Butterflies and Wheels. Compare our stated goals in ‘About B and W’ with item one of the Academic Bill of Rights.
Ours:
There are two motivations for setting up the web site. The first is the common one having to do with the thought that truth is important, and that to tell the truth about the world it is necessary to put aside whatever preconceptions (ideological, political, moral, etc.) one brings to the endeavour. The second has to do with the tendency of the political Left (which both editors of this site consider themselves to be part of) to subjugate the rational assessment of truth-claims to the demands of a variety of pre-existing political and moral frameworks.
Theirs:
All faculty shall be hired, fired, promoted and granted tenure on the basis of their competence and appropriate knowledge in the field of their expertise and, in the humanities, the social sciences, and the arts, with a view toward fostering a plurality of methodologies and perspectives. No faculty shall be hired or fired or denied promotion or tenure on the basis of his or her political or religious beliefs.
Actually ours is better, because there is an obvious tension between those two sentences in theirs. If no one is to be hired on the basis of beliefs, how are faculty to be hired with a view toward fostering a plurality of methodologies and perspectives? That seems like a contradiction in terms, on the face of it. But leave that aside. The fact is that we do think truth claims about the world should be made independently of political commitment – but it doesn’t follow that we feel inclined to call in the police when we think that principle is being violated. We’re not libertarians, but libertarians can remind us all of things it is useful to be reminded of, one of which is the fact that laws are not just inert statements, they imply the power of the state in the background if not the foreground. They are, in short, coercive.
That being so, the notion of a codified legally binding Academic Bill of Rights immediately suggests difficulties. Who would decide the law was being violated? What would the criteria be? What would constitute evidence? Would the testimony of students be sufficient? If so, what of the possibility that for instance a student who’d received a C, or one who’d been bored, or one who simply disagreed with a teacher would file charges? If student testimony would not be sufficient, would administrative staff sit in on classes? Would they go undercover? Might that lead to an underage hence underexperienced and underqualified administration?
And then, as this article at History News Network points out, it would not always be clear-cut where and what the political bias would be. We may think we know it when we see it, and in some cases maybe we would, but what about the more complicated ones? And what about all the issues that don’t divide along a neat left-right axis? What about points of view that aren’t really particularly political at all but that the legislature doesn’t happen to agree with? So perhaps we begin to see the advantage of dealing with such issues by means of discussion, debate, argument, books and articles and websites, rather than handcuffs and subpoenas. One side can say ‘Your bias is showing, you’re ignoring this evidence and this and this,’ and the other can reply ‘No, I’m looking at this and this,’ and readers can judge for themselves. Peer review, falsifiability, standards of evidence are really the best tools for getting at the truth in this kind of case, not fingerprints and DNA tests and identity parades.
Another aspect is the question of what David Horowitz and others take to be a highly suspicious absence of ‘registered Republicans’ in political science departments. But that sounds exactly like the irritatingly incomplete statements of uncritical proponents of affirmative action. ‘There are fewer blacks and Hispanics in elite universities.’ Very well, and that may be the result of systematic or unsystematic injustice of various kinds – but it also may not. It’s not absolutely straightforwardly self-evident that it is, so just making the statement and letting it go at that is inadequate. There may be – and probably is – a mix of factors: poverty, bad schools, taxation distorted by residential segregation, discrimination, but also peer pressure, families with little education, and so on. So with the over-representation of ‘registered Democrats’ in political science departments. It could be all bias on the part of those doing the hiring, but it could also be that the kind of people who want to read and think and write about political science (or history or sociology or philosophy) are also the kind of people who tend to vote Democratic. That could be just a fact of human life, a matter of preferences and tastes, likes and dislikes, choices and inclinations, an area of life that conservatives normally do not approve of legislating. Trying to interfere with the pattern, trying to correct a perceived problem or imbalance could well produce even worse problems and imbalances. It could in fact become pure ‘social engineering’ of the kind that Republicans usually despise.
An article in Reason further points out that the Bill extends academic freedom to students as well as teachers, and that that could lead to some dodgy outcomes.
As enforced rules, they open the door to, say, a biology student lodging an official complaint because her professor gave short shrift to Creationism, or her boyfriend demanding a higher grade because he’s convinced his poorly composed paper on the abortion debate was actually marked down for its political content. Suddenly, “academic freedom” starts to sound like an encroachment on the freedoms of the faculty.
So often the way. We talk grandly about freedom and rights, but when it comes down to it, all too often your freedom is in tension with mine and vice versa. Her right to read in peace and quiet is in tension with his right to play Dream Theater at top volume. Students’ freedom to hear views of their choosing comes squarely into conflict with teachers’ freedom to teach the subject as they understand it. It’s easy to think of any number of ways this could happen, and there would be no way to harmonize the two. Since the teachers are supposed to be teaching the students and not vice versa, it is not self-evident that in case of a tie the decision should go against the teacher. Bills of Rights can be excellent things, but they need to be used with caution.
OB

Internal Resources
What’s Not To Like About The Academic Bill of Rights
Graham Larkin on What’s Not To Like About The Academic Bill of Rights.Letter to David Horowitz
Graham Larkin wonders if it’s really about balance.Academic vs. Horowitzian Truth Standards
An Open Letter from Graham Larkin to David Horowitz.More Than a Stretch
Are Stanley Fish, Todd Gitlin and Michael Bérubé really in favor of the Academic Bill of Rights? Graham Larkin asked them.External Resources
- Reason Looks at the Tensions
Freedom for students is not the same as freedom for teachers. - California AAUP Responds to Proposed Bill
California Senate Bill died in Committee, but it could be back. - Diplomatic and Military History Not Popular
Conservative students have trouble getting hired in the humanities – perhaps because they are interested in boring subjects. - Horowitz and Walker Discuss It
A conservative and a libertarian disagree on how the Academic Bill of Rights would work in practice. - How Would it Work?
A Colorado history professor ponders some of the difficulties of teaching with ‘balance.’ - Playing the Rights Card
Julian Baggini on rights-rhetoric. - Stanford Art Historian Graham Larkin on the Bill
Simplistic worldview, flawed statistics, and political irresponsibility. - What’s Wrong With Florida House Bill 837
‘According to legislative analysts, the bill would give students the right to sue over anything presented in class.’
- Reason Looks at the Tensions
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Donald Davidson
The Telegraph obituary.
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Richard Sennett on Patriotism
Dissonance cannot be resolved by a cathartic destructive act.
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Outmoded Authoritative Structures?
Did the makers of ‘The Matrix’ get Baudrillard wrong? Or were they making a subtle point about – oh never mind.
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The Colorado Question
There’s a heated debate going on in Colorado right now, over something called the ‘Academic Bill of Rights,’ planned legislation that would enforce or promote or encourage universities to adhere to or comply with said Bill of Rights, David Horowitz, the imbalance between registered Democrats and registered Republicans in the political science departments of Colorado universities, and whether and how something should be done about said imbalance. The Academic Bill of Rights itself sounds pretty unexceptionable, declaring for instance that scholars should be hired on the basis of their competence and appropriate knowledge, not their political beliefs. That provision, for instance, is simply another version of B&W’s mission statement. So far so good. But it is difficult to help being suspicious. It is a Republican governor and legislature that has landed on the idea like a duck on a June bug, and I don’t share Republicans’ assumption that it is only the left that has an axe to grind. I wonder, for example, what these surveys that tell us how many Democrats and Republicans are in the political science department, have to say about how many of each are in the business school – which is, if Colorado universities are typical, much, much larger than the poli sci department. My innocent guess is that Republicans are well represented in business schools. Perhaps over-represented. Does this worry the Republican governor and legislature? If not, why not?
And then there is the question of why there are more Democrats than Republicans in the political science department. It’s not automatically or self-evidently the case that that could only happen if the people doing the hiring were applying political criteria. That’s one possible explanation, but surely it is not very difficult to think of others. Self-selection, for instance. Perhaps the kind of people who prefer teaching political science to, say, selling real estate or bonds, are also the kind of people who prefer to be Democrats. Now, how would the governor and legislature go about fixing that, if it turned out to be the explanation? People’s free choices about how to live their lives, what kind of work they do, what they think and believe, what parties they do or don’t belong to, are supposed to be the kind of thing Republicans are keen to protect. Aren’t they? Am I wrong? Wouldn’t they think it was what they like to call ‘social engineering’ to start fretting about the fact that there are ‘too many’ of one kind of people in universities and ‘too many’ of another kind in real estate, and start issuing instructions and laws and regulations designed to ‘fix’ the ‘problem’?
I don’t know. It seems likely to me that there is a lot of the second kind of reason involved along with (perhaps) some of the first, but I don’t know. Meanwhile at least there is an array of opinion represented in reply to this article at History News Network. And the article makes some good points, too.
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Perhaps There Are More Than Two Sides?
How does one achieve ‘balance’ in a complicated subject that doesn’t always divide neatly along a left-right axis?
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A Slightly Guilty Formalist
Denis Donoghue speaks of beauty in his latest book.
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Fluid Nations and Patriot Studies
Now Heavy Former Ballerinas; People Who Daydream Obsessively of Rescuing Someone Famous; and many more.
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Women On Top
Girls beat boys just about everywhere.
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What Are Children For?
Jobs, nappies, sleep, time, vomit, money, servants, shopping, sexism, age – it’s all a bit complicated.
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Hire a Conservative!
What kind? By whose definition as of what date? And what if she changes her mind?
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Proliferation
It’s interesting how ideas can go off in unexpected directions. Sort of a six degrees of separation thing – it can seem as if any given idea can lead to any other in three or four steps, however remote they may seem at the beginning. I noticed it yesterday, for instance: I started writing my TPM essay thinking it was going to be about one thing, and after the first paragraph found myself talking about something quite different. I started out thinking the idea led into one subject (and it did) but in the writing found that it also led into another, so followed it there instead.
The core idea was that of competing goods. A familiar enough idea: that many desirable things are incompatible with many other desirable things. Equality and freedom, just for one example. So I meant to do a semi-jokey rant about the unfairness of the arrangement, but found myself instead doing an ironic rant about the unfairness of various other arrangements, and never got to the competing goods aspect at all. Then this morning I was reading a bit of Wayne Booth’s The Rhetoric of Fiction, for no particular reason (I often read things and bits of things for no particular reason), and he said something interesting about ‘the tension between sympathy and judgment,’ which made me want to write the first essay again. We’re never finished with ideas. We take them on, we think about them, we wrestle with them, we come up with a further idea or two, we think that’s that. And then a day or two later a new thought occurs, and we realize that’s not that after all. And so we keep ourselves occupied.
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What is Lost by Abandonment of Principle
Alan Ryan on Richard Posner’s view of pragmatism and democracy.
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Moral Racism
When Other Races kill each other, western pundits blame the scars of colonialism.
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Just a Bit More
Just a little more about the religion article. Because there really is a lot of nonsense in that piece. I only talked about some of it, and I find there’s another bit I just can’t leave alone, in the last paragraph.
It is often said that science answers “how” questions while religion asks “why”, but that is simplistic. The greater point lies in their scope. Religion, properly conceived, attempts to provide an account of all there is: the most complete narrative that human beings are capable of. Science, by contrast, is – as the British zoologist Sir Peter Medawar put the matter – “the art of the soluble”. It addresses only those questions that it occurs to scientists to ask, and feel they have a chance of answering. The account it provides is wonderful. It has shown that the universe is incomparably more extraordinary, and altogether more glorious, than could ever be conceived by the unaided imagination. Yet it succeeds by narrowing its focus, as a matter of strategy. The story that science tells us, then, does not stand in contrast to that of religion (properly conceived). It is embedded within it.
The longer you look at that the more ridiculous it becomes. First of course there’s the obvious point, that religion can ‘ask why’ all it wants to, but it shouldn’t be forgotten that it can’t answer the question any more than anyone else can. It claims to answer it, of course, but as I keep saying, that’s another matter. Claiming isn’t doing; the word is not the deed and shouldn’t be taken for it. But that’s a comparatively minor point next to the really absurd last three sentences. Science is somehow inferior or subordinate to religion because it narrows its focus, it addresses only the questions scientists feel they have a chance of answering. Oh, I see – that’s a problem, is it? It’s better to do what religion does, and ask questions it doesn’t have a chance of answering? And then answer them anyway, by the simple expedient of making it up? That’s better, is it? Ask impossible questions and then make up answers instead of finding pesky old evidence? Thus coming up with the most complete [however fictional] narrative that human beings are capable of? What about those of us who don’t actually want a ‘narrative’ (which is a nice way, i.e. stealth rhetoric, of saying myth or fairy tale or story) but instead want an explanation or a hypothesis? Are we ’embedded’ in the story that religion (properly conceived) tells us too? I refuse, I refuse to be embedded.
A reader emailed me the witty suggestion that the article is a Sokallish hoax. Interesting thought. ‘Perhaps funnier though mortifying if he really meant it. I hope it is an attempt to expose how ‘religious tolerance’ allows utter drivel to not just be printed but thought.’ Indeed. Religous tolerance has a lot to answer for.
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Lies on the Front Page and the Back
Why do journalists and comedians think they’re better than politicians?
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Another Stack of Jumpers
Oh good, more fuzzy-headed nonsense about religion. There does seem to be an inexhaustible supply of it out there. This one is so full of odd, vague, fuzzy statements it’s hard to know where to begin.
One of the highlights of this week’s meeting of the British Association for the Advancement of Science was a discussion on why, although the existing religions do not capture all of what’s out there in the universe, some at least of their endeavours must be taken seriously.
Well what on earth does that mean? ‘Endeavours’? What do you mean endeavours? For that matter, what do you even mean by ‘capture all of what’s out there in the universe’? What do you mean by ‘capture’, what do you mean by ‘all of what’s out there’? Oh never mind. But ‘endeavours’…that could cover a lot of territory. Kindly hand-waving, or telling people they’re damned to hell if they masturbate, or flying planes into tall buildings – the existing religions have had a part in all those ‘endeavours’. Yes I know the planes thing isn’t an official part of the religion in question, but that’s just it, that’s why we need some precision of language here. But vaguest of all – what do you mean ‘must be taken seriously’? I do take religion very seriously indeed, I assure you; I think it can be very dangerous, and I also think it does a lot of more subtle harm even when it’s not actually killing or damning people. But perhaps what is meant by ‘taken seriously’ is ‘believed’. One of those bits of stealth rhetoric like ‘on its own terms’ which we discussed a few weeks ago. Only people don’t want to come right out and say ‘There are some at least parts of religion which must be believed’ because that would seem a bit much. Ever so slightly coercive. So instead there’s just some vague unmeaning rigamarole about taking some (unspecified) endeavours seriously. Well sure, we can all agree to that, right, hon? On account of how we don’t know what it means.
Watson’s and Dawkins’s atheism is rooted at least in part in a mistake. They seem to assume that serious interest in religion must be fundamentalist.
No they don’t. You just assume they do, perhaps because you don’t think anyone can actually disagree with a little harmless theism. But you assume incorrectly. Dawkins is by no means talking only about fundamentalism. He is among other things talking about this line of nonsense:
Religion of course can be discussed from many angles, but the absolute and immediate importance of religion lies in its contribution to morality.
What contribution? What contribution does religion make that philosophy and other kinds of secular thought cannot make? What qualifies religious people to pronounce on morality? The Bible? No, because we pick and choose which bits of the Bible we admire and which we don’t, so clearly we’re using our own judgment on that issue (and besides Tudge has already told us he doesn’t mean fundamentalism, so that lets out Biblical inerrancy). Long practice in thinking about the subject? But moral philosophers can make the same claim, and so can thoughtful amateurs. What then? Just tradition and authority, custom and habit, as far as I can tell. And those aren’t good reasons.
And then there’s this ridiculous assertion:
Religion, properly conceived, attempts to provide an account of all there is: the most complete narrative that human beings are capable of. Science, by contrast, is – as the British zoologist Sir Peter Medawar put the matter – “the art of the soluble”. It addresses only those questions that it occurs to scientists to ask, and feel they have a chance of answering.
Stealth rhetoric again. ‘Complete.’ Well yes, no doubt (although really I would think people like Tolkien and his many imitators who write those great, thick books full of imaginary worlds would give some stiff competion), but since the narrative isn’t true, why is that such a stunning achievement? Are we all supposed to be little children who just want to be told a Story and let it go at that? There’s a very, very great deal of merit to the art of the soluble – to not offering answers to questions you don’t in fact think you have a chance of answering without resorting to ‘narrative’. There’s something deeply unattractive about trying to persuade people that it’s better to have complete but untrue narratives rather than incomplete but well-supported explanations of soluble questions.
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Nonsense
‘Religion, properly conceived, attempts to provide an account of all there is.’ Well no doubt, but it fails!
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Not the Same Old Thing
The state of scientific research into paranormal phenomena.
