Category: Ethics

I have pessimistic thoughts on protests

Protesting is necessary. There are injustices in the world that won’t fix themselves. It takes commitment and bravery to fight because power, the cause of most injustice, loves compliance.

Protest is also dangerous. Some of that is because power¹ loves compliance. Protest needs to remain focused and controlled. I don’t want to say “non-threatening”, since I don’t mean a willingness to accept whatever sham of rights power is willing to concede. No, not that. But at best it will be unpleasant. People whose rights aren’t violated – or who are content to have their rights violated, especially – will let you know you should like having your rights violated. They are miserable people. It will be necessary to face and ignore that nastiness.

But the danger I’m thinking of is more the danger from unleashing energy into combatting injustice. It’s easy to lose the thread on the principle involved in the fight. It’s inviting for anyone with a message to attach themselves to a protest and hijack it for other purposes. It isn’t easy to control that, either, because it’s seductive to think, “More people are joining us, we’re winning!”. Maybe, but maybe not.

Obviously the last couple days are on my mind. The protests from both Friday and Saturday reflect my point. Friday it was the predictable violence². It isn’t inevitable with a protest with a focused message, but Friday’s protests weren’t focused. “Anti-Trump” is a choose-your-own-adventure opportunity for grievances. But that also means it’s foolish to judge opposition to Trump on this inevitable violence.

Yesterday’s protest resulted in no violence, as far as I’m aware. I think that has much to do with coherence on the message. The danger awaits, though, for what the marches hope to accomplish. I’ve seen many astute voices pointing out that yesterday was the beginning. That’s correct. The work begins now. But I don’t think that work is to keep the momentum. The work is to prevent the message from fracturing. I’m not optimistic.

The stated principle for yesterday’s protest, as I understand it, was that women are human beings deserving equal rights. Great, I’m on board. But it’s clear this movement has the potential for power. That focus on principle will disappear. Here, I’ll pick a random example I encountered. The list has the above principle. It then expands to the LGBTQ community. I’m still on board because I think this is the same principle at its core. Human beings deserve equal rights. Third is resisting racism. Yep, still there.

Then, with numbers four, five, and six, are climate change, income inequality, and universal health care. That’s a fracturing divergence. “… we must immediately address the damage we have done and continue…” I agree that climate change is real, and that humans are a reason. But there’s so much room to disagree on how to address the damage. Maybe we’ll agree on what to do, but there will be disagreement.

For income inequality, “Wages for working people must rise. Wages for working people must rise. A healthy and growing middle class is not a naturally occurring phenomenon. It must be cultivated through sensible economic policy.” I agree that a healthy and growing middle class is not a natural phenomenon. The natural human condition is dirt-scratching poverty. But what is the sensible economic policy that raises wages for working people? Is it by decreeing the minimum wage is $X? That is economic policy, but it is not sensible. Work that can’t justify the minimum wage will be automated. The goal is an economy in which people can support themselves (with the understanding that no perfect economy can exist). I can’t support a push for an economic policy based in feelings that will not work. But attaching “income inequality” to the push for equal rights means fracturing the movement.

And universal health care. Opposition to what other countries do is not a wish for poor and sick people to die already. That every other industrialized nation does this does not mean they do it perfectly, or that they do not get free-rider benefits from the United States because we don’t do it their way. It also does not prove it can be replicated here.

It’s clear a push like this expects the result of yesterday’s march to be the further implementation of a progressive political platform. That just takes a message that “women’s rights are human rights” and makes it explicitly – and incorrectly – political. The coherence of the demand disappears.

Some of this I already know from experience with protesting and agitating for change. I’ve protested in sunshine and rain, in heat and cold. I’ve had people yell at me and I’ve had respectful conversations. It’s a messy process with rewards and perils throughout. Along with, “I hadn’t thought of it that way,” there’s disagreement and the “with us or against us” mentality within the group. I’ve seen people be right for unbelievably wrong reasons. It’s a fringe rather than universal, but the fringe gets the attention. Did you see more of the peaceful protests from Friday or the smashing windows? And when someone encounters a group protesting what they haven’t thought about or don’t agree with, do they remember the person trying to convince them or the lunatics? What’s more effective, “May I talk with you about genital mutilation” or “May I talk with you about genital mutilation and how vaccines cause autism and the one percent”? The former is principled in science and ethics. The latter is “I have a mishmash of agenda items and you need to accept them all.” Putting human equality into a mix of progressive (or conservative) political policies is no different.

Maybe I’m wrong on thinking this is putting human equality into a mix of progressive political policies. It’s possible, and if it’s true, do you want to convince me or condescend to me? Whether I’m right or wrong, that’s your choice.

For example:

I’ve seen so many men today screaming about rights for Islamic women and genital mutilation. I look forward to your march re: those issues!

Or do you guys only bring those issues up to try to de-legitimize someone else’s voice?

And a sample response:

@JulieDiCaro I think we both know the answer to that question.

I’ve marched and written extensively on the rights involved. I get laughed at for it. I get screamed at. I’m told how disrespectful I am when I emphasize the principle³ involved. There’s no curiosity that I maybe know what I’m talking about from research and experience. I don’t hold the right view, so my opinion should be mocked.

The same condescension is in those tweets. Maybe one/some/all of these men know? Or maybe they’re all awful people merely trying to change the subject. It’s probably the latter. Probably.

I composed a reply on Twitter but deleted it because 140 characters wouldn’t convey the message. Ms. DiCaro is saying “Don’t hijack the moment.” I agree with that sentiment but not the delivery. For example, I don’t jump into discussions purely about female genital mutilation to say “what about men?” unless the discussion includes crackpot opinions presented as fact or shoddy wishing masquerading as a principled defense of why girls deserve protection and boys should be happy about circumcision. But if you really want equality, “my body, my choice” applies to boys, or it can mean “my child, my choice” applies to girls. If you don’t stand for principle, don’t be shocked if it leads where you don’t want to go.

Anyway, my point is that protests lose focus. They work against uniting a coalition on shared principle, preferring to enforce ideological rigidity. Yes
terday’s march and what follows can be principled. It won’t be. There were speakers yesterday advocating for equal rights who also support male genital mutilation. Some rights are more equal than others, somehow, which will probably become generalized into the platform, so do not be surprised when this movement collapses into an incoherent, powerless mess without the necessary vigilance to adhere to “women are human beings deserving equal rights”. Prove me wrong, please.

Post Script: Damnit, I realized I didn’t talk about nazis yet. I’ve rambled enough, so I’m not going to work this into the above. Fucking nazis are evil scum. Don’t sucker-punch evil fucking nazi scum. Because it’s dumb and counter-productive and escalates into more violence. Yes, Hitler. But a street corner in Washington, DC on January 20, 2017 is not Omaha Beach. Maybe it will be if we don’t challenge President Trump’s administration every second until 1/20/21, 1/20/25, or his impeachment. But we’re not there today. Not sucker-punching evil fucking nazis is not appeasement. Sucker-punching nazis is closer to the definition of conceding principles in favor of political expediency. That isn’t righteous. That’s a different form of authoritarianism. And if you want to require this fight continue until 1/20/25, sucker-punching nazis is a great way to create the lawlessness excuse Trump wants in order to make that a reality.

¹ Power expects compliance from everyone, not just women. This is why emphasis on “patriarchy” is so weird to me. I’ve yet to encounter an instance of someone saying “patriarchy” in which saying “power” wouldn’t be more precise. I’m open to explanations and/or scenarios for why that isn’t true.

² Destruction of property is violence. Someone has to clean it up. Someone has to pay for its repair or replacement. That requires work, so destroying someone’s property necessarily involves forcing someone to do something they wouldn’t otherwise need to do. It is force.

³ Non-therapeutic genital cutting on a non-consenting individual is unethical. All human beings are equal, with the same rights. I’m a feminist, including on that principle. But some feminists don’t believe this right is equal. So sure, I’m a feminist, but the label isn’t enough for me to know that we agree on human rights.

MRAs Are Probably Wrong, Except When They’re Right

I understand why “men’s rights activists” give some people heartburn. In too many areas it’s warranted. I’ve written about examples before, and sided against arguments associated with the MRA argument. I prefer to have facts incorporated into my theories on how the world should be.

Male circumcision is one of the (possibly few) areas where the men’s rights movement has truth¹ nailed down on its side. Male circumcision, as it’s commonly practiced on healthy minors, violates the male’s rights. Where anyone, including an MRA, shoe-horns it into a discussion of female genital mutilation, rather than discussing it if it evolves in a discussion, I understand and agree with the criticism. That’s bad marketing, at least. I’ve probably done it, although I think I’ve learned where raising the comparison makes sense. I strive for better awareness. But the more common argument seems to be that the comparison is wrong, and men’s rights activists shouldn’t try to make it.

For example, Rational Alice started a series of posts on “the most common raisons d’être of the men’s rights movement”. The series starts with male circumcision:

This first topic should be quite an easy one. I’m taken to believe that it’s not even very popular with the men’s rights movement itself, though it is definitely present therein.

I’ll argue here that male circumcision is “quite an easy one”, but that Alice misunderstands the direction in which it is easy. My caveat is that I don’t consider myself a men’s rights activist. (Note: Links removed, unless necessary. Emphasis in original.)

Those MRAs who take circumcision as one of their issues of choice assert that “male” circumcision — that is, the removal of the foreskin of the penis — is on par with “female” circumcision, or “female” genital mutilation, and is not being adequately addressed as a problem by those who campaign against it. I.e., they decry the fact that male genital mutilation is not seen as a problem by the public, while female genital mutilation (or genital cutting, FGC) faces enormous opposition; i.e., society cares more for the treatment of women’s genitalia than men’s.

First, I’m going to acknowledge my ignorance. I have no idea why male and female are in quotes. I assume it involves cis- in some form. If so, it’s odd to debate this from identity when it’s better resolved through basic anatomy intersecting with human rights. The world is more complicated than “boys have a penis, girls have a vagina,” but the principle incorporates women who have a penis, men who have a vagina, or men and women who have both.

That principle is easy to state. Non-therapeutic genital cutting on a non-consenting individual is unethical. Or, to put it in narrower words for the comparison: removing the healthy prepuce of a non-consenting individual is unethical. There are more complex issues within this topic, but that gets to the direct anatomical comparison within a framework that views all people as possessing equal rights. Any view that veers from that to distinguish between acceptable and unacceptable non-therapeutic genital cutting without consent is wrong.

As for the charge that opponents of female genital mutilation don’t adequately address male circumcision, I don’t expect anyone to expend energy on subsets of a topic that don’t interest them. Focus on female genital mutilation. All I expect is that a person not defend contradictions. If someone is an activist against female genital mutilation, that’s great. The world needs dedicated people to help end FGC/M. If that person also defends male circumcision as commonly practiced on minors, that person is a hypocrite. Don’t be a hypocrite. That’s my only demand.

After a paragraph on tradition:

The universal standard advocated by MRAs is not so different from what is advocated by a great number of progressives: that no infant’s genitalia should be altered without their consent, which they obviously cannot give, except for immediate medical concerns (and the topic of intersex genital assignment is one for another post). What makes it MRA-specific, then? Well, simply the fact that they believe the activism surrounding FGC demonstrates social discrimination against men, and not, as many would have you believe, the facts about the actual procedures of FGC compared to that of “male” circumcision.

I disagree with this assessment. Perhaps men’s rights activists perceive the problem as “the activism surrounding FGC demonstrates social discrimination against men”. I doubt it, and Alice provides no example. (The reason is in the post’s introduction.) I suspect men’s rights activists do not like having their valid concerns over male circumcision dismissed, not what that dismissal symbolizes. Reality demonstrates how society, through law, treats genital cutting unequally based in gender. Disregard for the obvious similarities between female and male genital cutting is the problem that helps allow inequality to continue.

A campaign against (forced) female genital mutilation is not unfair or discriminatory if it doesn’t address (forced) male circumcision (i.e. genital mutilation). A campaign against forced female genital mutilation is unfair and discriminatory where it addresses forced male circumcision and dismisses it or deems it acceptable, for whatever cultural, religious, or prophylactic reasons might be cited.

Again, the principle is universal. It isn’t male versus female, or “male” versus “female”. All human beings have the right to their own healthy, intact genitals, in whatever form that might take, until they may decide to alter them. If a basic human right does not apply to all humans equally from birth, then rights are a worthless concept that serve no purpose beyond being an ideological tool. No.

To that point, let’s talk about FGC. There are four types: Type I involves removal of the clitoral hood and the clitoris; Type II involves removal of the clitoris and the inner labia; Type III involves removal of the inner labia, the outer labia and the clitoris, followed by fusion of the wound — which is only opened for intercourse and childbirth; and Type IV covers various less-severe practices like widening the vagina and piercing the clitoris. Think about all that for a while. …

I agree with Alice’s summary here, although I’ll add that Type IV is generally considered to be “all other harmful procedures”. That’s broader and more useful. (The four types are described in the WHO fact sheet on female genital mutilation.)

The U.S. Female Genital Mutilation Act of 1996 (18 USCS § 116) criminalizes all non-therapeutic genital cutting on female minors without regard for parental justifications “as a matter of custom or ritual”. That includes any genital cutting equal to or less harmful than male circumcision. There is no defense to be made for genital cutting on male minors if equal human rights are to matter, barring one’s support for repealing 18 USCS § 116 and all similar laws. That would be inexcusable, but it would at least be consistent.

… What does the foreskin do for the penis? Homologous to the clitoral hood, the foreskin evolved to protect the end of the penis. Recent studies have revealed no significant difference in sexual sensation between circumcised and non-circumcised penises. …

That study is from January 2004. This study, which “confirms the importance of the foreskin for penile sensitivity, overall sexual satisfaction, and penile functioning”, is from February 2013. It’s illogical to assume that removing part of the penis would have no effect on sexual sensation. But, if only the study Alice presents is correct, so what? Sensitivity is an issue, and I’d argue that changing the functioning (e.g. removing the foreskin’s gliding motion) of the penis is enough to argue against forced circumcision. What does the individual want? The issue is self-ownership and bodily autonomy. Do we own our bodies (i.e. our genitals)? The accepted position here is that females too often don’t but always should, while males don’t and that isn’t an issue. That distinction is absurd. Calling it out for criticism and change is appropriate.

… (As a matter of fact, circumcision is recommended by the WHO as part of its program on preventing HIV infections, as risk of acquiring HIV through heterosexual intercourse goes down significantly after circumcision.)

The studies found a reduced risk of female-to-male HIV transmission in high-risk populations from voluntary, adult circumcision. None of that describes the United States or Europe, and the key in that specific scenario — voluntary, adult — doesn’t apply to infants in Africa. Male circumcision in the context of Alice’s post is a different ethical issue than what’s in the parenthetical. This is often the problem. Mixing it all into one simplistic idea leads to mistaken conclusions.

Removal of the foreskin is not so different from reduction or removal of the clitoral hood, which is a component of Type I FGC. But consider the homology of the labia majora and the scrotum, and of the clitoris and the penis. These are essential components of “male” sexual physiology. Not only is FGC exceptionally cruel, …

It’s inappropriate for one person to tell others what is an inessential component of their bodies in the context of what is – and isn’t, allegedly – cruel to permanently force on them without need or consent.

… “male” circumcision cannot even come close to the cruelty inflicted by removal of the clitoris and/or the labia. …

That’s the “heads I win, tails you lose” approach to the comparison. The homology of the female and male prepuce is the consideration, the “not so different” Alice used to start the paragraph. Removing the former by force is illegal. Removing the latter by force is encouraged. That’s the flawed disparity. Criticizing MRAs is often appropriate, but here the facts are on their side, if not always their methods.

In the larger argument, removal of the clitoris and/or the labia is worse than removal of the male prepuce. That isn’t much of an insight. It’s easy to acknowledge that FGM is evil, because it is. It’s possible to accept that FGC/M is almost always worse than male genital cutting (dare I say, mutilation) in outcome, as commonly practiced. Neither of those excuse forced male circumcision. A knife to the gut is worse than a punch to the face. Should we permit the latter because it’s less damaging? Are we indifferent to any assault worse than another? Will we establish a tournament to find the one form of assault that’s bad because it’s the worst? it’s a preposterous argument. Real differences exist in the practices. That should inform criminal punishment, for example, without providing legal or cultural cover for lesser forms of forced genital cutting.

… It is a blatantly misogynist — and also, quite plainly, wrong — argument to say that the two are even remotely comparable, or that the campaign against female genital mutilation is unfair and discriminatory because it doesn’t address male circumcision.

Comparing the two isn’t misogyny. There is no hatred of females or belief that women are less than males. Someone’s strategy could involve misogyny, or confuse silence with discrimination, but that’s not the comparison, which is rooted in principle and facts. Non-therapeutic genital cutting on non-consenting females must end where it occurs. At the same time, non-therapeutic genital cutting on non-consenting males must end where it occurs. The comparison exists without lessening females or what is done to them. Non-therapeutic genital cutting on a non-consenting individual is unethical. That’s the core.

¹ Consider something like conscription. Should women be forced into conscription to be equal with males, or is this an area where the rights of males are violated? (Or the requirement to register for possible conscription that also only applies to males?)

Liberty, But Only If Your Parents Let You Have It

I have no problem with the label libertarian, even when it’s conflated with the Libertarian Party. I have a problem with being associated with what passes for thinking on the rights of children among too many self-proclaimed libertarians. Somehow the libertarian view for so many shakes down to something equivalent to children as parental property. This is most easily seen when the topic turns to male circumcision. So it is again. In response to charges filed against a rabbi/mohel in Bavaria following the recent court decision in Cologne declaring that non-therapeutic circumcision of a child violates the child’s rights to physical integrity and self-determination, Doug Mataconis writes at Outside the Beltway (links in original):

There’s also been a bizarre movement growing against circumcision itself here in the United States and in Europe. Just last year, for example, a referendum that would’ve banned circumcision in the City of San Francisco was scheduled to appear on the November 2011 ballot before being removed. The motivations for this version of the anti-circumcision movement seems to be something similar to what the Judges in Cologne stated, that it was some kind of assault about a party who is unable to grant consent. …

Surgically removing a normal, healthy, functioning body part from an individual who does not consent should be recognized as battery, yes. That is not bizarre. It’s merely extending the usual rational standard for non-therapeutic surgical intervention on healthy children to male genitals.

… Andrew Sullivan, for example, contends that infant circumcision is an assault on infant boys. Left out of the argument, though, is the fact that parents have been long assumed to be able to competently make medical decisions for their minor children. …

Except there are limits, including a specific limit on the option for parents to make “medical” (i.e. non-therapeutic) surgical decisions for the genitals of their minor children. USC § 116 – Female genital mutilation clearly establishes conditions upon which we ignore this alleged competence. If non-therapeutic genital cutting falls within the realm of making “medical” decisions for a child as a parental right, then 18 USC § 116 infringes on this supposed parental right. If this is about parental rights rather than individual rights, the child, whether male or female, would be irrelevant to the law. It isn’t. It’s about the harm to the child. Section (b) makes it clear that all non-therapeutic genital cutting on female minors is illegal, including any cutting analogous to or less harmful than male circumcision. Section (c) demonstrates that no parental justification will be accepted for this intervention on their daughter(s). The primary consideration becomes whether or not male circumcision is harmful, not this:

… Leaving that argument aside, I would think that any ban on circumcision in the United States would, because of the First Amendment, have to include an exemption for Jews and Muslims who consider the procedure a requirement of their religion.

Because boys don’t have the same basic human rights as everyone else, at least for the physical integrity of their normal, healthy genitals? Eugene Volokh’s parental and religious rights posts during last year’s San Francisco ballot initiative identifies a plausible response to this. Again, the correct question is whether or not male circumcision is harmful, not why parents might choose it for non-therapeutic reasons.

On the question of harm, the evidence is quite clear. Circumcision inflicts harm every time. The individual loses his foreskin. He has nerve endings within his penis severed. He may lose his frenulum. He will have a scar. There is also the risk of complications. Some males will suffer those, and some subset will suffer horrible outcomes. The mortality rate from non-therapeutic child circumcision is very low, thankfully, but it isn’t zero. Treating individuals as statistics is hardly a libertarian position.

Next, he quotes an ad hominem attack by Jonathan Tobin:

Circumcision opponents may claim they are not anti-Semitic, especially since their campaign also targets Muslims. But there is little doubt that the driving force behind this movement is resentment toward Jews and a willingness to go public with sentiments that long simmered beneath the surface in Germany and elsewhere in Europe.

Just last week, French scholar Michel Gurfinkiel wrote on his blog that anti-Semitism has increased in France since the Toulouse massacre in March. Since then violence has grown, fed by what he calls a rejection of Jews and Judaism. In France, these sentiments are fed by the Jew hatred openly expressed by the expanding Muslim population. Throughout Europe, the demonization of Israel hasn’t just increased hostility to the Jewish state; it has served as an excuse for anti-Semitism to go mainstream for the first time since World War Two. Just as some claim circumcision critics aren’t intrinsically anti-Semitic, there are those who blame anti-Semitism on Israeli policies. But when you add all these factors together what you get is an undeniable upsurge in Jew-hatred.

There is significant doubt that resentment is the driving force. I won’t speak for Germany, although I think the court’s ruling was not based in religious animosity. The ethical human rights-based case against non-therapeutic circumcision exists on its own. It’s clear, based in the basic rights to physical bodily integrity and self-determination. The ability to find instances of anti-Semitism does not discredit that case or the general movement to restrict non-therapeutic circumcision to those who choose it for themselves. Where anti-Semitism occurs, and it unfortunately does, it discredits the individual purveyor, not the movement as a whole. And such instances should be denounced without ad hominem against anyone who shares only an opposition to non-therapeutic circumcision on non-consenting individuals.

Mataconis’ response to Tobin’s charge:

If that’s true, then it is a quite troublesome development. Even leaving this element out of it, though, there’s something troublesome about this entire affair. Circumcision has been an accepted practice in Western societies for centuries …

That’s interesting but proves nothing. History provides plenty of examples of rights being violated for a long time. The rights are no less violated. Non-therapeutic circumcision constitutes guaranteed physical harm to the child in pursuit of his parents’ preference(s). It’s the objective versus the subjective.

… and, in the case of two religions, it isn’t just an elective medical procedure, it is a requirement of their faith. …

Being a requirement of Judaism and a recommendation in Islam are relevant, but they are not the first question in this context. The circumcision is being imposed on someone. It’s an odd conception of free
dom that says imposing surgery on someone else is an individual right within religious freedom. Under the proposed public policy stance, religion would have to adapt. That expectation is no different from the numerous declarations in religious texts that we do not permit in civil law. Religion deserves no special exemption. The protection required is for individuals to choose circumcision for their own bodies, not for others.

… The arguments of the circumcision opponents strike me as being little more than ridiculous nonsense that, for some, has turned into some kind of weird cult of the foreskin. As far as I’m concerned, parents are perfectly capable of making this decision for their sons and the state really has no business getting involved in at all. When you bring the element of religion into it, state interference becomes even more problematic. One would hope that the government in Berlin will intervene and put an end to the nonsense that the judges in Cologne started.

Non-therapeutic genital cutting on a non-consenting individual violates basic human rights. That isn’t ridiculous nonsense. We apply it completely to females. We don’t apply it to males. Instead, it’s easier to smear with words like cult and fetish. Fine, if that’s the standard, we should start telling activists against female genital cutting/mutilation that they’re spouting ridiculous nonsense that is some kind of weird cult of the clitoris? We wouldn’t because there we recognize the facts. With circumcision we forget to apply the same standard that protects the property interest of the individual. For reasons. That makes no sense.

It’s certainly not within a reasonable understanding of libertarianism. For anarchists, sure, opposition to the state becomes the overriding goal. But if one assumes a state to be legitimate with a specific interest in protecting the rights of its citizens, then it’s legitimate for the state to prohibit this form of possibly unwanted harm. That is the approach that recognizes humans rather than statistics. (To hope that politicians will step in to reverse a judge is a foolish action to endorse.) Parents don’t just circumcise their sons. They effectively circumcise the autonomous adult he will become. Proxy consent based on anything other than clear medical need is insufficient to permit that.

**********

Post Script: In the comments to his post, Mataconis responded with a standard trope:

Fine. Then if you have a son, don’t get him circumcised, that’s your choice.

Treating children as property is not libertarian. The correct formulation is “If you don’t want to be circumcised, don’t have yourself circumcised”. That’s the method to protect individual preferences, not the illegitimate force of individual preferences on another. Shared DNA is not a defense.

That flows into a later comment:

What is the medical benefit the foreskin provides?

To the silly question, it protects the glans and provides sexual sensitivity. But let’s assume neither is true. “It’s mine” is sufficient. The onus is not properly on the person who doesn’t want his property taken to explain why his property shouldn’t be taken. Or, at least, that’s what I thought libertarians believed.

I Prefer FPS Over MMORPG

I’m not a fan of privilege as a foundational argument. It’s confining and limiting. It’s focused on generalizations without regard for the individuals involved. It establishes a hierarchy for problems with the result, if not purpose, of minimizing any X that is less severe than Y according to the person wielding the argument. It’s claptrap that eventually resolves to “Shut up”.

Such is the case with John Scalzi’s recent post, Straight White Male: The Lowest Difficulty Setting There Is. From the beginning it sets out the argument’s flaw as a definitive, justifiable rule that allows anyone who agrees with it to “prove” that the person who disagrees commits an error. Usually being dense, or something similar. It’s a way to shut down debate rather than start or continue one.

I’ve been thinking of a way to explain to straight white males how life works for them, without invoking the dreaded word “privilege,” to which they react like vampires being fed a garlic tart at high noon. It’s not that the word “privilege” is incorrect, it’s that it’s not their word. When confronted with “privilege,” they fiddle with the word itself, and haul out the dictionaries and find every possible way to talk about the word but not any of the things the word signifies.

It starts with condescension. Straight white men need to be educated, and if you challenge the argument, you’re proving your need to be educated. It’s stupid. It signals that there are default rules, either implicitly or explicitly assumed, that no one may disagree with. The only real question it allows is who’s next in needing to be educated about their privilege with respect to someone else under a simplified set of rules: straight minority males or non-straight white males.

Mr. Scalzi’s argument on privilege is easy enough to understand:

Dudes. Imagine life here in the US — or indeed, pretty much anywhere in the Western world — is a massive role playing game, like World of Warcraft except appallingly mundane, where most quests involve the acquisition of money, cell phones and donuts, although not always at the same time. Let’s call it The Real World. You have installed The Real World on your computer and are about to start playing, but first you go to the settings tab to bind your keys, fiddle with your defaults, and choose the difficulty setting for the game. Got it?

Okay: In the role playing game known as The Real World, “Straight White Male” is the lowest difficulty setting there is.

As a generalization with no context, sure. But that’s shallow thinking. It’s meaningless. We don’t live our lives as generalizations. Our interactions are more complicated and messy than simple identifying characteristics. Mr. Scalzi’s argument rests on the basis that sexual orientation, skin color, and gender are the three supreme defining characteristics and life should be judged accordingly. All else being equal, would I encounter an easier, harder, or indistinguishable challenge in working with Mr. Scalzi as a Straight White Male than a Gay Minority Female would? I bet on indistinguishable.

He acknowledges other characteristics within the metaphor but makes them subordinate to these three:

Likewise, it’s certainly possible someone playing at a higher difficulty setting is progressing more quickly than you are, because they had more points initially given to them by the computer and/or their highest stats are wealth, intelligence and constitution and/or simply because they play the game better than you do. It doesn’t change the fact you are still playing on the lowest difficulty setting.

I disagree that these three are the complete, highest characteristics. Is a straight white female born with genius-level intelligence, a trust fund, and a respectable family name playing on a more difficult level than a poor, stupid straight white male? What’s the scenario, fixing a flat tire on the side of the road? Being treated respectfully at the Mini Mart?

A later argument demonstrates the largest hole (emphasis in original):

And maybe at this point you say, hey, I like a challenge, I want to change my difficulty setting! Well, here’s the thing: In The Real World, you don’t unlock any rewards or receive any benefit for playing on higher difficulty settings. The game is just harder, and potentially a lot less fun. And you say, okay, but what if I want to replay the game later on a higher difficulty setting, just to see what it’s like? Well, here’s the other thing about The Real World: You only get to play it once. So why make it more difficult than it has to be? Your goal is to win the game, not make it difficult.

My goal is to “win” the game? According to whom? Judged by what criterion/criteria? By whose criterion/criteria? In which game? The argument fails because it neglects the reality that straight white male, gay minority female, and everyone in-between are people with unique, complex mixes of characteristics playing – or not playing – the game to which Straight White Man is the lowest difficulty setting. There are many games. There are different players. And there are different game masters. Context matters. Generalizations bludgeon.

Much Ado About Individual Rights

Timothy Sandefur links to essays by two secular humanists regarding the San Francisco proposal to prohibit non-therapeutic male child circumcision. The essay in favor of the proposal is by Tom Flynn of the Council for Secular Humanism. Mr. Flynn is correct. The essay against the ban is by Ronald Lindsay of the Center for Inquiry. Mr. Lindsay is wrong. I wish to address his essay.

Mr. Lindsay begins:

First, let’s cut through the misleading rhetoric. Some proponents of the ban refer to male circumcision as genital mutilation and equate it with female “circumcision,” the term sometimes used to describe a clitoridectomy, or complete removal of the clitoris. Clitoridectomies are carried out in some cultures, principally in rural Africa. (In some instances, not only is the clitoris excised, but the labia minora and parts of the labia majora are also removed.) Obviously, the removal of the clitoris results in loss of sexual pleasure.

To equate clitoridectomies with male circumcision is nonsense. The latter is a clip job, resulting in removal of the foreskin from the penis. …

It is not nonsense. They are different in degree, not kind. Non-therapeutic genital cutting on a non-consenting individual is wrong. That principle is universal, not gender-specific or discounted if we can figure out some possible benefit. Anything becomes acceptable if we accept possible future benefit as a relevant standard for intervening on healthy children. Of course female circumcision genital cutting is mutilation. Western societies agree on that almost universally. We’ve demonstrated that understanding by enacting laws against any procedures involving the healthy genitals of female minors.

But Mr. Lindsay is incorrect in limiting his point to a comparison of male genital cutting (i.e. circumcision) and clitoridectomies. The latter is an example of FGM, not the definition of FGM. The scope of what qualifies as mutilation mirrors what is illegal in most locations in the United States, including California. The World Health Organization defines female genital mutilation as follows (emphasis added): “Female genital mutilation (FGM) comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.” In other words, any surgical intervention less damaging than male circumcision, inflicted for the exact reasons we cite for male circumcision, would still qualify as genital mutilation. Every one of those procedures (i.e. Types I – IV) is already illegal to inflict on healthy female minors. Applying the principle and rights in that accurate definition equally, non-therapeutic male child circumcision is genital mutilation.

After mentioning various possible risk reductions from male circumcision, Mr. Lindsay writes:

The foregoing medical discussion is important because it undercuts the argument made by some secularists that there’s no valid medical reason for this procedure. Granted, the possibility that a newborn boy will experience some avoidable health issues unless he is circumcised is very small. Furthermore, depending on how one evaluates the risks, the potential benefits may be outweighed by the risks of harm. But isn’t this precisely the type of decision we usually leave to parents — and which we should leave to parents unless we want to become even more of a nanny state?

To avoid confusion, any reason for circumcising a healthy male is non-medical. Again, if we are to pretend that chasing potential benefits counts as a medical reason for non-therapeutic surgery, then parents may impose any intervention they wish, unrestrained by society. Protecting children from that is not a nanny state action. It’s the legitimate role of government to protect the rights of all its citizens, including male minors. We shouldn’t need new laws here. But parents shouldn’t mutilate their children.

Mr. Lindsay raises a legitimate question:

Speaking of the state, do we really want to give more power to the government to control what can only be described as a sensitive, highly personal matter? How exactly is this criminal ban supposed to be enforced? Are we going to have special police units to stamp out circumcision? Undercover cops posing as physicians willing to carry out back-alley quick cuts? Will there be search warrants issued based on confidential information that Johnny was seen at the urinal less than fully intact? I don’t know about you, but I don’t care if my junk is scanned or touched at the airport security line, but I do reject the notion that the government can tell us how it should look.

I agree that enforcement is a challenge. That assumes it would be enforced, which I don’t believe would happen in the unlikely event it passes. Still, the question is relevant. What I think it would most likely do is provide better support for circumcised males to sue for the obvious battery inflicted. That’s not everything, but it’s something.

The biggest flaw in Mr. Lindsay’s approach is the conclusion he draws. I care if my genitals are scanned or touched at the airport security line. Do my rights not matter because Mr. Lindsay thinks differently? Are individual tastes and preferences not unique to each individual?

While I also reject the notion that the government can tell us how our genitals should look, that isn’t what this law would do. It would prevent parents from dictating how their child’s son’s genitals must look for the rest of his life. It would leave the individual male himself to say “yes” or “no” to non-therapeutic circumcision. I’m no more mollified that my parents mutilated me than I would be if my government had ordered it. The result is the same.

Later, he inadvertently proves that he misunderstands the issue:

I’m tired of secularists fighting the wrong battles. We shouldn’t care whether Johnny, Joel, or Jamal keeps his hood on.

I don’t care whether Johnny, Joel, or Jamal “keeps his hood on.” I care that he gets to choose whether or not to keep his healthy foreskin. The emphasis is on his and healthy, not foreskin. That’s the debate, not this incorrect view that male circumcision is “a clip job” that may be imposed at the will or whim of parents.

Related post from 2008.

A Universal Standard of Basic Human Rights Isn’t Divided By Gender Or Culture

UPDATE:I corrected a word from the original entry to clarify my intent. I understand that the AAP is not a government organization. I’ve corrected the poor wording.

The American Academy of Pediatrics’ Committee on Bioethics issued a new policy statement on female genital cutting, titled “Ritual Genital Cutting of Female Minors”. It updates the organization’s previous stance. Mostly it’s predictable statements against all female genital cutting (FGC), which won’t be controversial in the United States. But there are a few bits of odd reasoning included.

From the abstract:

… The American Academy of Pediatrics opposes all types of female genital cutting that pose risks of physical or psychological harm, counsels its members not to perform such procedures, recommends that its members actively seek to dissuade families from carrying out harmful forms of FGC, and urges its members to provide patients and their parents with compassionate education about the harms of FGC while remaining sensitive to the cultural and religious reasons that motivate parents to seek this procedure for their daughters.

This is unobjectionable without focused reading. But it explains what is coming in the policy statement. Most Americans will read “opposes all types of female genital cutting that pose risks of physical or psychological harm” to mean no cutting should be permitted on healthy girls. The policy statement doesn’t refute that because, as it acknowledges, all non-therapeutic genital cutting on female minors is prohibited in the United States. In the body of the statement, this:

Protection of the physical and mental health of girls should be the overriding concern of the health care community. Although physicians should understand that most parents who request FGC do so out of good motives, physicians must decline to perform procedures that cause unnecessary pain or that pose dangers to their patients’ well-being.

Reading what isn’t being said demonstrates that the committee fails to endorse complete opposition to FGC, either. For example:

… Most forms of FGC are decidedly harmful, and pediatricians should decline to perform them, even in the absence of any legal constraints. However, the ritual nick suggested by some pediatricians is not physically harmful and is much less extensive than routine newborn male genital cutting. There is reason to believe that offering such a compromise may build trust between hospitals and immigrant communities, save some girls from undergoing disfiguring and life-threatening procedures in their native countries, and play a role in the eventual eradication of FGC. It might be more effective if federal and state laws enabled pediatricians to reach out to families by offering a ritual nick as a possible compromise to avoid greater harm.

I think there’s merit to this argument. It fits the details of proposed accommodations at Harborview Hospital in the ’90s for Somalian immigrants. From a practical standpoint, a ceremonial nick to draw a drop of blood is better than an excision. Discussion without invectives would be helpful.

However, I don’t want to imply that I endorse this strategy. I reject it as a matter of law and practice because children possess the same basic, natural human rights as adults. (There’s no distinction for the gender of the child, which I’ll address shortly.) Legislating such an exception, or refusing to prosecute such violations of existing law, legitimizes ritual and cultural genital alteration. It moves the discussion from should it be allowed to how much should be allowed. It dismisses the child, the individual whose genitals face the scalpel.

Related to that, the statement includes this:

There is also some evidence (eg, in Scandinavia) that a criminalization of the practice, with the attendant risk of losing custody of one’s children, is one of the factors that led to abandonment of this tradition among Somali immigrants.

There are options and paths to pursue before we embrace moral relativism.

Predictably, the statement avoids acknowledging American hypocrisy on the topic of male genital cutting. This is particularly worth noting as some seek to move the AAP’s (and assorted governmental bodies) official stance on non-therapeutic male child circumcision from its relative neutrality to deliberate advocacy. In the introduction of its updated FGC policy, it states:

The language to describe this spectrum of procedures is controversial. Some commentators prefer “female circumcision,” but others object that this term trivializes the procedure, falsely confers on it the respectability afforded to male circumcision in the West, or implies a medical context. …

Any fair, honest treatment of its words would recognize that male minors have the same rights. That excerpt should be rewritten to state that referring to female genital cutting as circumcision “confers on it the false respectability afforded to male genital cutting in the West”.

This follows the last excerpt:

… The commonly used “female genital mutilation” is also problematic. Some forms of FGC are less extensive than the newborn male circumcision commonly performed in the West. …

This is from the same organization that “opposes all types of female genital cutting that pose risks of physical or psychological harm.” The newborn male circumcision commonly performed in the West imposes objective physical harm in every case, yet the AAP refuses to reject it, preferring platitudes about parental choice. From the abstract of its policy statement on male child circumcision:

Existing scientific evidence demonstrates potential medical benefits of newborn male circumcision; however, these data are not sufficient to recommend routine neonatal circumcision. In circumstances in which there are potential benefits and risks, yet the procedure is not essential to the child’s current well-being, parents should determine what is in the best interest of the child. To make an informed choice, parents of all male infants should be given accurate and unbiased information and be provided the opportunity to discuss this decision. If a decision for circumcision is made, procedural analgesia should be provided.

According to the AAP, parents may impose physical harm on their sons, violating the “principle of nonmaleficence” cited as a reason to reject FGC. Yet, in its revised FGC policy statement, the committee writes:

Parents are often unaware of the harmful physical consequences of the custom, because the complications of FGC are attributed to other causes and are rarely discussed outside of the family.

Changing “FGC” to “MGC” in that statement makes it no less accurate. Briefly perusing almost any news article or essay discussing male circumcision will reveal this.

Near its conclusion the committee writes:

The American Academy of Pediatrics policy statement on newborn male circumcision expresses respect for parental decision-making and acknowledges the legitimacy of including cultural, religious, and ethnic traditions when making the choice of whether to surgically alter a male infant’s genitals. Of course, parental decision-making is not without limits, and pediatricians must always resist decisions that are likely to cause harm to children. …

Including cultural, religious, and ethnic
traditions when making the choice of whether to surgically alter a male infant’s genitals is not legitimate. It is unethical, immoral and offensive to anyone who alleges to respect universal principles against causing harm. The committee’s second sentence shows its hypocrisy. It tells pediatricians to respect and aid parents who (ignorantly but unintentionally) wish to harm their sons. It’s moral relativism instead of clear principles respecting individuals. It’s unworthy of a civilized society.

Contrary to my initial concern, the revised policy statement does not explicitly advocate acceptance of lesser forms (i.e. Type IV) of female genital cutting. But it hints that it’s willing to look the other way if anyone wants to substitute Type IV for a type that won’t be practiced in the United States. Discussing such substitutions is a reasonable approach, but the committee cowardly avoids taking a stance, choosing to introduce the topic while letting others draw conclusions. It attempts to straddle both sides of the FGC debate to let each side read into its statement what it wants, if they’re unwilling to question or acknowledge anything that contradicts their preferred, limited viewpoint. Anti-FGC advocates are (correctly) upset, but the appeal of this approach is to those who believe that a potential benefit is science but the objective current health of a child is not. The AAP can plausibly say it opposes all female genital cutting, while also plausibly saying it recognizes the complexity of FGC as it’s practiced and is sensitive to the people who practice it on their children.

Spying on Students in Pennsylvania

For a brief summary:

The FBI is investigating a Pennsylvania school district accused of secretly activating webcams inside students’ homes, a law enforcement official with knowledge of the case told The Associated Press on Friday.

The school district has acknowledged that each student’s school-issued computer has software that allows the district to access it remotely, including the ability to capture images. My guess is that, in the case of the student who’s parents have sued, the alleged image was likely something the student downloaded and the school saw on his hard drive. If I’m right, it’s still creepy, but (momentarily) relegates to possibility the theories that the school captured images of naked students.

Since the privacy implications must still be considered, the article includes commentary from privacy experts. The experts aren’t quoted as saying anything surprising. The reporter offers a different perspective in her transition:

The Pennsylvania case shows how even well-intentioned plans can go awry if officials fail to understand the technology and its potential consequences, privacy experts said. Compromising images from inside a student’s bedroom could fall into the hands of rogue school staff or otherwise be spread across the Internet, they said.

Which school officials would not be ‘rogue’ if such pictures fell in their hands? I take the implication that somehow there are school staff members who should be legitimately authorized to see such pictures, that some spying is appropriate. I’m sure that’s lazy writing rather than a disturbing lack of skepticism of authority. But someone obviously authorized the installation of this software and didn’t notify the students or their parents that it was included. I always assume stupidity first, if it’s possible, but it would be unwise to rule out an conscious disregard for civil liberties.

(They’re children, after all. They have no rights at school or away from school if school officials deem those rights an impediment to order.)

Massachusetts Will Debate The Right to Bodily Integrity

The Massachusetts legislature is considering a bill that would make non-therapeutic genital cutting (i.e. circumcision) on healthy minors illegal.

…

(a) For the purpose of this section, the term “genital mutilation” shall mean the removal or cutting or both of the whole or part of the clitoris, labia minora, labia majora, vulva, breast, nipple, foreskin, glans, testicle, penis, ambiguous genitalia, hermaphroditic genitalia, or any genital organ.
…

Reading the bill in its entirety shows that the author(s) shaped it directly from the Federal Prohibition of Female Genital Mutilation Act, while correctly updating the text to remove the federal law’s gender discrimination. It includes protection for females, which is useful (if likely redundant) since Massachusetts does not have a state law prohibiting female genital mutilation. The Massachusetts bill is reasonable and should move out of committee, where it’s scheduled for a public hearing on March 2nd, and pass into law.

It won’t, of course. I’m hopeful it will at least get an honest hearing, but I’ve worked on this topic too long to be that naive. Too many people are unwilling to consider all facts, particularly those detrimental to their status quo preferences.

For example, this editorial from Massachusetts, from Wicked Local, reveals that its authors fail to understand even the actual text of the bill.

Thumbs Down:

Circumcision is a crime? Through state Sen. Michael W. Morrissey, Charles Antonelli of Quincy has decided to waste the Senate’s time with a bill that would ban male circumcision of anyone under the age of 18 in Massachusetts unless medically necessary. The measure would get right in the way of parental rights, imposing a fine and/or up to 14 years in prison on people who violate this ban. Antonelli is the Massachusetts director of MGMbill.org — a group of “we know better than the majority of doctors” nuts working to ban what it calls “male genital mutilation.”

Is it a waste of time to get in the way of parental rights to alter a daughter’s genitals? Because the bill does that, as the excerpt above proves. The federal Anti-FGM act does the same. So, the question here is what is the full list of plenary parental ‘rights’ that require only that the child have a penis?

For what it’s worth, if a doctor believe a healthy child needs surgery, yes, I’m more informed than he or she is. And he or she violates the Hippocratic Oath when recommending genital cutting, regardless of the healthy patient’s gender.

This group shoves aside the belief held by most of the medical community that circumcision reduces susceptibility to HIV and other sexually transmitted diseases as well as urinary tract infections and penile cancer. The anti-circumcision group declares “those findings are not a valid reason to amputate a healthy, functioning body part of a child.”

I won’t speak for those involved with MGMBill.org, but for me, I shove nothing aside. Prophylactic circumcision has the potential to achieve those results, statistically. So what? Because, somehow, possessing an objectively healthy, functioning body part does not indicate that surgery is not valid for that healthy, functioning body part. There are apparently no ethical considerations involved. There is apparently no need for an objective look at the relative and absolute risks involved. There is apparently no need to question whether or not the child might want his normal, healthy foreskin.

It’s frustrating that Wicked Local defiantly states that circumcision reduces susceptibility to HIV without also noting that every study showing this risk reduction involved only adult volunteers, not non-consenting children. Note, too, that the studies only found a reduction in female-to-male transmission through vaginal intercourse, a significantly smaller problem in the United States than in Africa.

But Wicked Local seems to perceive the issue to be about only potential benefits, no matter how trivial or easily avoided with lesser methods the risks posed by the foreskin. So surely we are failing all children by not proactively removing dangerous body parts from their bodies. To avoid getting in the way of parental ‘rights’, when do we start studies to determine whether or not there is a potential medical benefit to be achieved from prophylactic breast tissue removal? Although, since some adult women are already voluntarily having their breasts removed pre-emptively, we can assume that a plenary parental ‘right’ to remove the healthy, functioning breast tissue from daughters exists. What’s good enough for the parents is good enough for the children. Right?

That’s all intentionally absurd, of course. But without a boundary, there is nowhere to end the madness. The subjective boundary Wicked Local establishes here is arbitrary and based on its editors personal preferences. The law cannot be based on such whim. For proxy consent, the child’s objective needs matter first. Where there is no objective need for intervention, there is no parental ‘right’ to intervene. Surgery must be prohibited. That is a clear standard that applies to males and females, genitals and not genitals.

Also ignored is Jewish and Muslim tradition in which all males are usually circumcised as part of their faith.

Passive voice, males are circumcised. They do not choose. Indeed. But this bill does not seek to prohibit religious circumcision. Adult males may still choose circumcision for themselves if they believe their God demands it. This bill focuses on minors, where civil law must take precedent over religious texts. It codifies that the human rights of every individual exist first, and no amount of parental preference can supersede that in the pursuit of subjective, unprovable spiritual or cultural benefits. Unless we’re opening the law books to strike any law that violates a religious dictate governing what one person may do to another, there is nothing objectionable on this front. Are we opening the law books in this manner for a purge of religiously objectionable civil laws?

The bill has not yet been assigned to committee. It would be best to see this ridiculous waste of government time sniped from the legislative agenda and left discarded on the Senate clerk’s floor. Parents and doctors, not legislators, should decide the merits of whether a male child should or should not have a circumcision.

Parents and doctors, not legislators, should decide the merits of whether a female child should or should not have genital cutting? Again, if we’re saying that parents have a plenary ‘right’ to alter their sons for subjective reasons, the same plenary ‘right’ must exist for their daughters. Or we could consider the importance of the omitted word, a healthy child, and recognize that the answer is irrefutable because it is illegal (and immoral) to discriminate based on gender alone. Either all children have the same right to bodily integrity or no children have that right. The former breaks our current ignorance, while the latter turns children into property.

And here’s a tip for the angry anti-circumcision group — you would do a lot better with an informative public education campaign and debate rather than going state-to-state trying to shove your will on everyone and toss parents who don’t agree with you into jail for up to 14 years — a tact that so far has not seen even one state go along with this nonsense.

I agree, an informative public education campaign and debate is the best way to go. We shouldn’t need to legislate against something unjust. But we do, because the rights
of boys in America (and Massachusetts, in this case) are violated every day. I can explain how male circumcision is egregious because it violates human rights. I can explain how male circumcision is egregious because it is not the least invasive solution for every perceived benefit. But the Wicked Local editors haven’t even bothered to understand the text of the bill. I can overcome ignorance. I cannot overcome willful ignorance.

Science Requires Ethics, Part 3

Jake responded to my last entry in our ongoing series. (My first and second entries.) I’ll just jump in. Addressing my view that he is a pro-circumcision advocate, Jake writes:

I find this a rather peculiar statement. I suppose in a sense that any attempt to weigh benefits against risks will have some subjective qualities, and perhaps that can’t be avoided altogether. However, as subjective values are meaningless to another person I would hope that most observers try as objective as is reasonably possible. I certainly try; I can only hope that I succeed.

I am uninterested in convincing or encouraging parents to circumcise their sons, and have been careful to avoid making a recommendation either way. Anyone sufficiently interested (not to mention patient) can verify this by working through the many thousands of my public comments over the years – I use the same name everywhere, so it is not difficult to find them via Google. Indeed, I believe that such advocacy would be contrary to my pro-parental choice position: I genuinely believe that parents should make that decision, not me.

Unlike my perception of many individuals I’ve encountered when discussing circumcision, I believe that Jake advocates parental choice with the intention he states, which is that I think he accepts the decision by parents who do not choose to circumcise their sons. Many parental choice advocates do not believe that decision is valid in their parental choice worldview. In that respect, my saying that Jake “uses his conclusion to encourage parents to circumcise” was incorrect.

Rather, I believe that he is effectively a pro-circumcision advocate because he views his assessment of circumcision as containing some level of objectivity. It can’t, just as my assessment can’t. The difference between our views, I think, is that mine involves the child’s opinion, placing it above that of his parents.

I don’t have an opinion on circumcision, per se. I think it’s an odd choice for a healthy male to make, but that’s the lens of my preferences and experience. Jake has his own opinion, which is clear from his choice to have himself circumcised as an adult. Again, I think that’s odd, but my opinion on that is irrelevant because his choice is valid for him.

On the topic before us, though, the focus of infant circumcision must be infant circumcision, not infant circumcision. I write from the former, while I believe Jake writes from the latter. That difference is why I claim that his conclusion is subjective and incomplete.

Next, Jake considers my take on an appeal to authority:

My first inclination was to agree, but on reflection I think it would depend on the situation. Consider the following hypothetical scenario:

PERSON A: Circumcision is awful because the AAP don’t recommend it.
AAP: [Introduces a recommendation in favour of circumcision]
PERSON A: Oh, the AAP are biased, ignore them.

Here the appeal to authority is utterly invalid. It is quite apparent that it is a sham: the AAP are being presented as an authority merely because the person hopes to gain an advantage by doing so. The person clearly has no integrity, nor any credibility, and can and should be ignored. …

This scenario is close to what I considered. Although I wouldn’t go as far as Jake does in condemning the person’s integrity without more information, it is the response I predict any person to have to the scenario and why I despise appeals to authority.

Even though Jake’s first scenario exemplified my point, his second scenario is instructive:

… Now consider this:

PERSON A: Circumcision is awful because the AAP don’t recommend it.
AAP: [Introduces a recommendation in favour of circumcision]
PERSON A: Okay, the AAP now recommend it, so it’s okay.

In this situation, it seems to me that this is a valid appeal to authority, in that the person is willing to adapt their position once the authority changes theirs.

I disagree, again because the focus of the appeal is infant circumcision, not circumcision. It’s an abdication of judgment in favor of someone else’s conclusion. If Person A is the individual being circumcised, I am indifferent to his acceptance of the authority’s conclusion and judgment. That’s not what’s at stake.

It’s possible to make this too broad. I am not suggesting that expert opinion is worthless or should be ignored. I am saying that, when the focus is on infant circumcision, and specifically the circumcision of healthy infants, citing the authority’s subjective conclusion of a net benefit (or neutrality) is a diversion from the individual child’s lack of need and possible preference for keeping his normal foreskin. The AAP is relatively neutral today, and I contend they’re wrong because they ignore facts (out of philosophical ignorance).

Next, on circumcision versus vaccination:

I see: Tony applies a different standard for surgery and vaccinations. This doesn’t make much sense to me, for several reasons. Firstly, from an admittedly pedantic point of view, is there really that much of a difference? Surgery involves risk. Vaccinations involve risk. Surgery involves cutting the skin. Vaccinations (as delivered by a needle) also involve cutting the skin, albeit in a minor way. So I have to ask, where exactly would you draw the line?

Secondly, does it make sense to create multiple standards? To my mind, no. But I may be biased: I’m trained as an engineer, and when I observe lots of different little rules I see a situation in which there ought to be one, more general rule. Special cases are usually an indication that the general rule needs some more attention. Maybe one shouldn’t apply engineering principles to ethics. I don’t know, but I can’t see any reason why one shouldn’t…

Yes, there is a difference. Surgery removes a healthy, functioning body part. Vaccination does not. I draw the line between them for that primary reason. So, yes, it makes sense to create multiple standards.

In turn, it doesn’t make sense to create multiple standards for boys versus girls for the same parental activity and justifications. Later, in response to my view that anti-FGM laws would not be overturned if female genital cutting was shown to have potential benefits, Jake writes:

In an ideal world, I wish I could say that anti-FGC laws would indeed be overturned if scientific knowledge changed significantly. However, I’m sorry to say that Tony is probably right in that they wouldn’t be. I don’t think that this has anything to do with rights, though: it’s a simple case of collective prejudice. The notion that FGC is horrific is deeply ingrained into modern, Western society, and it takes an awful lot to dislodge that notion. I know this from personal experience: I have to make a conscious effort to think about FGC objectively, and have to fight the knee-jerk reaction. And I consider myself very open-minded.

I accept that circumcision can have potential benefits. I am opposed to prohylactic¹ infant genital cutting because pursuing these potential benefits for an individual who can’t consent is unethical. It is unethical because there are real and potential harms. Jake is wrong in his view because he is valuing science in a manner that leaves it insufficiently tethered to ethics. It’s a view that, because we can achieve something, it is ethically valid to pursue it. I find that approach abhorrent. It gives parents the choice to pursue an option that is not theirs to pursue. Their opinion must be subordinate to the objective facts of their child’s healthy body.

To my point that adults can choose condoms and that parents can’t know if their sons will be irresponsible
, Jake replies:

To both points, I agree. Nevertheless, it seems difficult to deny that if it were performed during infancy, circumcision would help to reduce this risk when the child became an adult.

I’m not denying that it might help reduce this risk, but it requires a specific, low-risk, low-probability situation to be effective. The choice of surgery to chase a miniscule benefit must be left to the individual.

Of course, it’s worth a reminder that the studies in Africa involved adult volunteers. Leaving aside the ethical difference, declaring that circumcision would help males (especially Western males) circumcised as infants is speculation. There are more variables involved, including the foreskin’s adherence to the glans in infants and the prevalence of HIV in the society.

In response to my review of his opinion on “most effective/least invasive”:

Here I believe Tony has misunderstood, or at least has not considered the issue with sufficient care. If there is a medical problem to address, then the physician’s responsibility is to solve that problem while exposing the patient to the least risk. That’s the essence of the “most effective/least invasive” standard. But if there is no medical reason for considering circumcision, then it is meaningless to even consider the “most effective” solution. If circumcision is being considered for non-medical reasons then it is in all probability the only solution to the problem (that being that the child is not circumcised). So it is the wrong standard to apply.

I believe I’ve understood him correctly. He is wrong. If there is no medical reason (i.e. need) for circumcision, it’s unacceptable to permit it on children. Normal genitals are not a “problem,” no matter how opposed the boy’s parents are to his normal genitals. I repeat my earlier criticism: Jake is begging the question he wants to answer. Medical need is the standard for proxy consent to surgery. Without medical need, the process stops. No intervention is valid.

Next:

At this point Tony declined to list ‘”surgeries we recognize as offensive” that are valid when benefits and risks are properly weighed’, stating:

I am not citing any particular science or surgeries because that was not my point.

This is a shame. I had hoped that Tony would at least try. I cannot think of any, and my suspicion is that this is because none exist. And if none exist, then Tony’s earlier objection that “Setting the ability to chase potential benefits as the ethical standard opens the range of allegedly valid parental interventions to include any number of surgeries we recognize as offensive” seems a rather empty objection.

Immediately following my objection, I wrote that “I am attacking a way of thinking,” which is to say that I reject the notion that because we can achieve a potential benefit, it is ethically valid to pursue it. At its core, prophylactic infant circumcision is about chasing potential benefits. I reject that for the multitude of reasons I’ve presented. Speculating that I did not cite any because none exist is a straw man.

Citing “surgeries we recognize as offensive” is a pointless diversion. However, I’ll play along briefly. I nominate removing the breast buds from infant females to reduce their risk of breast cancer. I have no idea if this would work or it’s been studied in any manner. It doesn’t matter, because my point was to reject the thinking that believes a potential benefit may be chased. I suspect this would be offensive to most parents, as it almost always is when I raise it in debate. Non-essential, healthy, functioning breasts are different from non-essential, healthy, functioning foreskins, somehow. My guess is that Jake’s approach to this would be his utilitarianism, which would assess whether removing breast buds has a potential benefit. (Unless he has some objection I haven’t determined.) If it does in his evaluation, it is a valid choice for parents, even if only chosen by those few parents who don’t find it offensive. I reject that because the healthy girl may not want the intervention.

Next:

It is meaningful to compare female genital cutting to male genital cutting because, ethically, they involve the same issue. Unnecessary surgery on a non-consenting individual is wrong.

If you take that last sentence as axiomatic, then you will probably see the two issues as similar (although, presumably, there’s no reason to focus on genital surgery in particular). Those of us who adopt a different ethical principle – something like “harmful surgery on a non-consenting individual is wrong” see no problem with circumcision, and a problem with female genital cutting.

(I realize that I’m about to object to an issue of semantics in his axiom, but I’m certain I’ve gotten the gist of any future clarification correct.)

All surgery is harmful, including circumcision. It’s meant to achieve some benefit greater than the harm. Jake concludes that circumcision is, at worst, neutral. But that is his subjective evaluation. It is as irrelevant as my opinion that it is a net harm. Proxy consent is not valid for prophylactic infant circumcision because circumcising healthy infants is objective harm pursuing subjective benefits. Jake writes:

… Evaluation of potential benefits should not be dismissed as mere opinion. The literature contains a relatively large amount of data, which can be summarised in the form of objectively quantifiable data.

Potential benefits are based on objectively quantifiable data. Determining the value of applying those objectively quantifiable data to the objectively healthy penis of an infant male is subjective, mere opinion. Deriving an opinion is only valid for the male himself as applied to his body.

Finally:

There is an obvious double standard. Girls may not have their healthy genitals cut for any reason. Boys may have their healthy genitals cut for any reason. That’s the valid comparison.

That’s not even correct. Try getting a surgeon to perform a glansectomy on a healthy boy. Or castrate him. Or perform any number of other surgeries on his genitals. He or she will refuse. Most such surgeries are a net harm (except when actually needed, in which case the benefits are considerably greater, thus making them a net benefit), and cannot therefore be ethically performed. Circumcision is unusual precisely because it is a surgery which is neutral or (depending who you ask) a net benefit. And that’s why the reason for a specific circumcision doesn’t really matter.

I think it’s obvious that my declarative statement about genital cutting implied “as it’s commonly practiced in Western society,” which would preclude intentional glansectomy, for example. Moving on.

What Jake omits here is telling. Circumcision is neutral or a net benefit, according to him. He’s ruled out that prophylactic infant circumcision can be a net harm, the glaring mistake in his analysis.

A male who suffers a serious complication from circumcision would unquestionably qualify as experiencing a net harm. That risk is inherent in every circumcision. But leaving that aside, a “normal” circumcision has results. Evaluating those results, even if just on a cosmetic level, is a subjective process. There is no correct, objective way to evaluate a change, which is what circumcision is. All tastes and preferences are subjective to the individual. Even a preference regarding the potential health benefits of circumcision. The possibility of “No, thank you” is why infant circumcision is unethical.

¹ I am no less opposed to ritual infant circumcision. Discussing it in depth here would be a distraction. For a primer on my opinion, see here.

Science Requires Ethics, Revisited

Jake Waskett responded to my critique of his entry about Intact America’s letter. I find it lacking.

… It’s a shame that he mischaracterises me as a “pro-circumcision advocate”, though (I’m pro-parental choice, not pro-circumcision).

I do not accept that I’ve mischaracterized his position as a pro-circumcision advocate. However, I’ll clarify to be as specific as possible. He believes the potential benefits of infant male circumcision outweigh the risks and negatives, a subjective conclusion based on his preferences. Given that he uses his conclusion to encourage parents to circumcise their sons, the difference he states is immaterial.

Next:

… has attempted a deconstruction of the letter, labeling it “propaganda”.

“Labelling” seems a curious choice of word, implying that the choice of term is dubious. Propaganda is defined as “The systematic propagation of a doctrine or cause or of information reflecting the views and interests of those advocating such a doctrine or cause.” Thus, it seems a perfectly appropriate choice of term for an advertisement created by an anti-circumcision organisation for the explicit purpose of promoting their cause to the AAP.

This is a matter of semantics versus intention. Definitionally, propaganda is an acceptable choice. It is also impossible to ignore the cultural implication of the use of the word. We do not think marketing when we hear it. Rather, we hear lies. That was the intent I perceived, which informed my response.

Still, it’s a minor point in the realm of this topic. Obsessing on it would be a diversion, so I retract the point.

Next, when I wrote that I agreed with the opening paragraph of Intact America’s letter, I stated that I’m not a fan of appeals to authority. Specifically:

As should be evident with the apparent intention of the CDC to recommend infant circumcision, it only takes one ill-conceived recommendation to distract from the core issue.

Jake writes that this is “utterly incomprehensible.” I’m not sure how, so I’m not sure how to clarify. If an authority cited directly (e.g. AAP) or indirectly (e.g. CDC) changes its position in a way that then conflicts with the original appeal, the appeal to authority may weaken the case for the target audience. It’s an ineffective strategy.

Despite my misgivings, Intact America structures the argument correctly because it identifies that core: ethics demand not imposing medically unnecessary surgery on normal, healthy children, regardless of gender or potential benefits.

Tony is, of course, free to subscribe to whatever system of ethics he so chooses. However, to my mind he is setting an extraordinary requirement: that an intervention should not merely be medically beneficial, but must actually be necessary. If applied consistently, such a standard would mean, for example, that vaccinations are unacceptable, since they are rarely necessary.

His assessment is close, but too neat for this complicated comparison. That is the requirement I set for proxy consent to surgery. The scenario for vaccinations differs. As I wrote before, the difference rests on how the problems the interventions are meant to prevent occur. Becoming infected with measles requires no effort other than participation in society, while acquiring HIV from an HIV+ female through vaginal intercourse requires a very specific action, an action not undertaken by infants. Later in his reply, he writes about this:

This is a nonsensical argument: it is absurd to analyse the issue as though children never grow up. Peter Pan is fiction. Children grow up to become adults, and yes, that includes having sex.

Of course, to which I reply as a start: condoms. Condoms are among the many possibilities short of circumcision as an infant available to adult males, including circumcision as an adult, to reduce the risk of HIV transmission.

Ultimately the comparison to vaccines must rest on diseases like HIV rather than the other potential benefits used to justify circumcision. They roughly share some of the same characteristics. The comparison fails because, as I wrote, the way in which the diseases spread differ. For most vaccines, it is the most effective and least invasive way to stop the spread of the targeted disease. With comparable diseases, circumcision is neither the most effective or the least invasive method available.

The risk of female-to-male HIV transmission through vaginal intercourse is a significant problem in Africa. In America HIV transmission risk through sex overwhelmingly involves male-to-male transmission, from which the (voluntary) circumcision of (adult) males has shown no statistically significant reduction.

Tony’s words are somewhat misleading here. There haven’t been any controlled trials of voluntary circumcision in MSM yet. The American studies to date have mostly compared previously (and probably neonatally) circumcised men with uncircumcised men. Some studies have shown a statistically significant reduction, but others have not.

Fair enough on precision. However, an implicit point in my argument here stands unaltered. Assuming voluntary adult circumcision is shown to reduce the risk of all forms of HIV transmission through sex, parents can’t know that their sons will be irresponsible and “need” this intervention. It’s a speculation that does not need to be made for a child. He can choose it later.

Responding to my declaration that surgical risks be weighed against objective (lack of) need rather than potential benefits, Jake replies:

As Tony correctly observes, the situation we’re discussing is not one in which there is an immediately pressing need for therapeutic intervention, hence the “most effective and least invasive” criteria for choosing that intervention do not apply. Instead, the situation involves a healthy child, much as with vaccinations. And as with vaccinations, we weigh the risks (adverse reaction) against the future benefits (reduction of risk of disease). Tony is of course free to apply his own ethical standard, but he should not be surprised that others choose not to follow him.

There is no need, so “most effective/least invasive” doesn’t apply? Jake is begging the question he wants to answer rather than addressing objective facts. He’s saying that the standard for surgical intervention on a child should be stricter when the child is sick than when he is healthy. Parents can be more speculative and exploratory with surgery for their healthy (male) children? That’s ridiculous. Without objective need for an intervention, proxy consent for surgery can’t be valid. With objective need, it can be valid because the child needs some form of decision made and he is incompetent to make that decision.

Setting the ability to chase potential benefits as the ethical standard opens the range of allegedly valid parental interventions to include any number of surgeries we recognize as offensive. The science becomes ungrounded by any concern for the individual child as an individual.

Unfortunately, Tony hasn’t identified any of these “surgeries we recognize as offensive” that are valid when benefits and risks are properly weighed. I would be interested to learn of any that he – or anyone else – can think of.

I am not citing any particular science or surgeries because that was not my point. I am attacking a way of thinking, particularly about the ethics of circumcising healthy children, but it applies more generally. Jake is a utilitarian. I am not, precisely beca
use of the way it permits his mixing of subjective criteria into a universal recommendation. I recognize that each person is an individual with different preferences and desires. Prophylactic (and ritual) circumcision violates that child’s rights.

But to his retort, if a study were to find potential health benefits for genital cutting in a study of adult female volunteers, would that be acceptable to apply to healthy female minors? I’ve had this discussion with Jake previously, so I know he’d have no problem with it if parents subjectively valued the benefits more than the risks. He is wrong. Society would be (correctly) outraged at the suggestion of violating the child’s rights in favor of her parents’ “rights”. Our anti-FGM laws would not be overturned. Those results would never be applied, regardless of the science.

Add to this the fact that parents treat the same maladies circumcision is supposed to prevent with less invasive, non-surgical methods when they affect their daughters, and Jake’s argument misses the ethical case against infant circumcision because he’s making the case for circumcision devoid of context and ethics. That’s a case that works only if it’s a voluntary decision by the adult male himself.

This paragraph makes no sense.

That paragraph is clear. We apply different standards to boys and girls. A female minor’s risk of UTI is higher than that of a male minor’s, yet we do not vigorously seek proof that genital cutting is the answer, nor, as I said above, would we apply it to infant girl if we could find such results. Now replace UTI with cancer. Ethically, we’d have the same approach to girls. Their genitals would be off-limits.

[Quotation of my words omitted]

If Tony had been paying attention, he would have noticed that I actually identified the three reasons why IA claimed that circumcision was unethical, and addressed each in turn.

As I’ve explained, Jake’s version of ethics is flawed because he values only his own opinion as a viable conclusion on the subjective topic. Proxy consent requires objectivity first. A passive-aggressive insult directed at my reading comprehension does not prove that I was wrong.

As a reminder, here is what IA claim: “Doctors have a responsibility to tell parents the truth: circumcision does not prevent disease. Most European nations, with circumcision rates near zero, have lower HIV/AIDS rates than the United States.”

As I read that, the second sentence seems to be presented as evidence for the first. If that is so, IA appear to be saying that the most definitive evidence can be found in between-country comparisons.

I read it a differently, based on the context of how the letter is organized. I will not defend the statement Jake objects to because I believe Intact America’s statement is poorly written. I read it as saying a) studies have found that (voluntary, adult) circumcision has been shown to reduce the risk of (female-to-male) HIV transmission and b) other similar countries that do not circumcise have lower HIV rates, therefore c) infant circumcision is not the answer. I made that point in my response. Doing so in the way that he did, it’s clear we’re using different interpretations. I do not think Jake is wrong to call out Intact America’s wording.

The risk factors among America’s population are similar to those of European nations, not African nations. Our risk is male-to-male transmission and shared needles during IV drug use.

If Tony is confident in his assertions, perhaps he will volunteer to have heterosexual intercourse with an HIV+ woman. Probably not, I suspect, because of course that’s a risk anywhere. The main difference, of course, is that the probability of exposure changes dramatically. Put bluntly, if you sleep with a person then your risk of acquiring HIV depends on the probability that they are HIV+.

Jake establishes a straw man here. I made a statement of fact about HIV transmission in the United States. His rebuttal is that I should be willing to have sex with an HIV+ woman because I state that voluntary, adult circumcision applied to infant males is not what we need. Presumably he means without a condom. Where have I said that unsafe sex – of any kind, with or without a foreskin – is wise? Jake’s scenario is a stupid diversion.

The complications of circumcision affect individuals. Those individual have rights. We recognize this for female minors, legislating against parental proxy consent for medically unnecessary genital surgery on daughters for any reason. The ethical argument against infant male circumcision involves the equal rights concept that the same protection should be applied to males. Waskett hasn’t yet made a coherent case for denying these rights to male minors.

It is not meaningful to compare female genital cutting to circumcision. Female genital cutting is a net harm, with no known medical benefits, immediate risks, and a considerable chance of permanent harm. Society passes laws to protect the vulnerable from harm, and so it makes sense to protect children from female genital cutting. But – applying the same principle – it doesn’t make sense to legislate against circumcision, because there is no net harm. Most reasonable people, weighing the risks and benefits, come to the conclusion that it is neutral or beneficial.

It is meaningful to compare female genital cutting to male genital cutting because, ethically, they involve the same issue. Unnecessary surgery on a non-consenting individual is wrong. America’s anti-FGM law makes no exemption for potential benefits or parental opinion. The former is, as Jake points out, not shown by studies. The latter is all that informs infant male circumcision, since an evaluation of potential benefits is opinion absent any objective indication for the child’s healthy genitals. There is an obvious double standard. Girls may not have their healthy genitals cut for any reason. Boys may have their healthy genitals cut for any reason. That’s the valid comparison.

To Jake’s claim of “no net harm” from male circumcision, I’ll repeat that it is a subjective evaluation. It is his opinion. I weigh the objective harms – scar, lost nerves, excised frenulum, asymmetrical suturing, altered functionality – from my “normal” circumcision differently than he weighs them from his (self-chosen) circumcision, but he is not me. As he was correct in deciding on circumcision for himself, I am correct in evaluating it differently for my body. Not Jake, not my parents, not “most reasonable people”, not whoever else he wishes to cite who approves of circumcision. That gets lost in his utilitarian disregard for ethics on a topic without a valid objective conclusion for his position.