A Masked Musket?

Introduction: This was posted to twitter on June 11, 2022. It is clearly an argument about the proper interpretation of the Second Amendment of the U.S. Constitution. Many similar arguments have been made online and in other contexts on pretty regular basis.

Key Facts: There are a few facts which might have bearing on the (de-)merits of this argument.

1: The Second Amendment reads as follows: “A well regulated militia, being necessary to the security of a free state, the right to keep and bear arms, shall not be infringed.”

2: Muskets were not the only weapons known to those writing the Second Amendment. They would of course have been familiar with canons. Muzzle-loading rifles had been used for hunting and even saw some use during the American revolution, and experimental forms of semi-automatic weapons such as the Gieardoni air rifle and the Belton flintlock had been developed by this time. Still, muskets were the predominant form of weapon used in warfare. I believe muzzle-loading rifles may have been more useful in hunting, but I am not entirely sure of this.

3: Much of the current discussion of gun control focuses on the prospect of banning assault weapons, or otherwise subjecting them to some form of stricter-than-usual regulation. What constitutes an ‘assault weapon‘ can be a difficult question. The difficulty is of course compounded by the controversial nature of the debate over gun control.

4: James Madison’s first official draft of the Second Amendment was proposed in 1789. The Second Amendment was ratified in 1791.

Text: “The Second Amendment is from 1789. So, technically, the second amendment only applies to muskets.”

ANALYSIS

Comments: I am using this as a representative sample of a broad range of arguments about the meaning of ‘arms’ by gun control advocates.

Statements: There are two statements in this argument.

[1] The Second Amendment is from 1789.

[a] So,

[2] technically, the second amendment only applies to muskets.

Diagram: 1->2

Discussion: This argument raises the following issues; Availability Heuristic, Contextualization, Hedges, Indexicality, The Masked Man Fallacy, Micro-Reasoning, Semantics.

Availability Heuristic: It appears that the author assumes that muskets were the only weapons available in 1789, or the only ones who count as far as she is concerned. Either way, it’s a problem. While muskets were certainly the most prevalent weapon used in war, they were not the only weapons available. So, the notion that the Second Amendment can apply only to muskets does not literally work, even as applied to the weapons of the day.

Most likely, this is an expression of the availability heuristic. In other words, the author is letting her sense of the weaponry available at the time be defined entirely by the weapons most talked about in history books and movies (which deal most often with warfare). She may even be aware of some of the author weapons of the era, but they do not stand out in her mind so much as muskets.

Just how much this matters is another question. Experimental semi-automatic weapons were not widely available at the time, and even rifles were not the main weapons of war as of yet. (Also, she may mean to include muzzle-loading rifles in her own use of ‘muskets.’ A distinction between a smooth-bore musket and a muzzle-loading rifle is probably not that common in modern thinking about guns, at least not amongst the general population.

This is probably a trivial mistake. Insofar as the author is most likely trying to distinguish between muzzle-loading weapons available in the founding era from some construction of ‘assault weapons’ today, a significant difference would not be hard to establish. So, if this is a problem, it is probably not a problem critical to her argument.

Contextualization: The issue here arises because of the contextualization behind the Second Amendment. It is a text written in a particular time and place, but it is also a text written with future generations in mind. We also read this text today under the assumption that it must somehow be relevant now. In effect, this is a text with a exceptionally broad context insofar as its authors clearly meant to speak to people not yet born on matters not yet coming to pass. The problem is thus a question about how to manage the logical implications of a text with different practical implications at different times.

Hedges: The term “technically” is a hedge. Its use indicates that the author sees her interpretation as narrow in comparison to conventional meaning. For reasons mentioned below, it is doubtful that her interpretation of the Second Amendment is ‘technically’ correct.

Indexicality: Part of the problem here is a problem of reference and predication. The text of the amendment refers to something by means of a term, ‘arms.’ What that term means in semantic terms, is one thing. What real-world objects may be referenced through that meaning is another. The problem here is a question of what specific things are referenced by means of the term ‘arms?’ The term carries certain notions, but the actual objects reference by those notions have changed over time.

Masked Man fallacy: Probably the biggest problem with this argument is its confusion of reference by intension with reference by extension. The relevant term in question is ‘arms.’ What the author asks us to consider is the fact that this term was used in 1789 to refer to a much narrower category of weapons than we could use it for today. She concludes from this that the term applies only to that narrow range of weapons from 1789 rather than the full range of arms presently on the market for civilian gun ownership. In so doing, she derives a conclusion about intensional meaning of ‘arms’ from the extension of the original reference to muskets.

This seems like the opposite of the usual form of the masked man fallacy. This fallacy treats two terms as equivalent in meaning if they refer to the same actual things even when the equivalence is not known to a given subject (e.g. Lois Lane knows Clark Kent is in New York because she knows Superman is in New York and we know that Superman is really Clark Kent). In the case of this argument by contrast, a broad intension is denied, because of a limited initial extension (to muskets only) in its initial reference whereas there is nothing in the semantics of the term that suggests it must be so limited. Those who wrote, debated and ratified the Second Amendment may not have known about an AR-15, but we have no reason to believe its characteristics would not have qualified as a form of ‘arm.’ The direction of the inference is unusual for an application of the masked man fallacy, but the author is still confounding reference by intension with reference by extension.

Micro-Reasoning: It is probably safe to say that some of the problems mentioned here are directly due to the brevity of the argument.

Semantics: The argument is explicitly about the meaning of the text in question, and many of the problems mentioned here are also a function of questions about meaning.

Evaluation: Insofar as the argument commits the masked man fallacy, or something very close to it, this argument is unsound.

Final Thoughts: There are of course many different variations on this argument, some of which may avoid the problems outlined above. What we know is what was written at the time and what weapons were in use at the time. How those who wrote it might assess the costs and benefits of the Second Amendment today is an entirely different question. It might be fair to suggest that the difference between guns in 1989 and guns today should lead us to recalculate the costs and benefits of the Second Amendment. What doesn’t work is an argument deriving a narrow intention from the general terminology based on a factual comparison between the weaponry of 1789 and that available today. You could say; “things have changed and so we should rethink this.” What you can’t say with reasonable force is that the framers meant for the Second Amendment to apply only to the weapons generally available at the time.

A Silent Pass?

Introduction: This quote appears expresses theme commonly appearing in progressive rhetoric of late, namely, the notion that phrases like “not all white people” are disingenuous and unnecessary responses to statements critical of whites. Similar arguments are made in other contexts of social justice advocacy and debate (e.g. sexism with “not all men.”)

Key Facts: The meme itself appears to be a quote from @chloemadaleine. I found a twitter account matching the name in question, but it is protected. So, I do not know of any particular details regarding the context in which this statement might have been made. As the meme is circulating about the net these days, it does occur to me that many will experience the argument with no more contextual than I have myself at this point.

Text: “If you’re white and not racist, you will not give a fuck about black people calling white people racist now. Because you know that what you’re saying does not apply to you. If you’re offended, you’re racist. It’s simple.”

ANALYSIS

Comments: The quote above arises out of a problem in the rhetoric of modern progressivism, namely an effort to address concerns about larger, systemic, patterns of social injustice (in this case racism) while retaining rhetoric that still calls out specific people for specific forms of behavior. The notion that some people are racist and some people aren’t hearkens back to more conventional definitions of racism, treating it as a toxic personal orientation whereas the tendency to produce sweeping generalizations is driven largely by an interest in racism as a larger social force which by definition functions to benefit white people. Either definition of racism works just fine on its own, but contemporary social justice advocates (at least in popular circles) tend to invoke the individualized model as accusation even as they insist on larger systemic models when defining what does or doesn’t count as racism. There may be scholars who handle this with more consistency, but the rhetoric of social justice seems caught between its own paradigm and those it disavows without quite leaving behind.

Critics of contemporary social justice advocates typically have a much easier time of it, often insisting on personal models of racism as the only ones that count, thus rendering discrimination against white people pretty much the same as discrimination against persons of color. This too distorts a lot of important issues.

Statements: I am treating item ‘b’ as adding emphasis rather than as a substantive part of the argument. It was tempting to think of a missing assumption in the form of a biconditional statement to the effect that such statements are objectionable/offensive to white people if and only if the white people in question are racist, but this doesn’t seem necessary. The actual text from the meme itself is sufficient to make sense of the argument.

[1] If you’re white and not racist, you will not give a fuck about black people calling white people racist now.

[a] Because

[2] [If you’re white and not racist] you know that what they’re saying does not apply to you.

[3] If you’re offended, you’re racist.

[b] It’s simple.”

Diagram: Unfortunately, the text only gives us one inference indicator [a] which tells us that statement 2 is a reason for something (surely, statement 1). Statement 3 is thrown in without any guidance as it to its relationship to the rest. So, we end up with several possible diagrams. We can start with an inference from 2 to1. Statement 3 is then either irrelevant commentary (diagram I), a second reason to accept statement 1 (diagram II), or a conclusion drawn from statement 1 (diagram III). Alternatively, statement 3 is a separate inference from statement 2 (diagram IV).

I’m inclined to think diagrams 3 and 4 are the most plausible, leaving us with either her last point as her main point or two separate conclusions, one suggesting that non-racists should not be threatened by statements about white racism and one suggesting that anyone who is threatened is guilty as charged, so to speak. Statement 3 packs a Hell of a punch, making it unwise to treat as irrelevant and also unlikely that the line was meant as a mere reason to think of something else. It either shares the stage wit the author’s first point as a final conclusion in its own right, or it was the whole point all along.

Discussion: This topic raises the following issues; Ad Hominem, False Alternatives, Interactional Eclipse, Masked Man Fallacy, Micro-Reasoning, Motte and Baily Doctrines, Bo True Scotsman Fallacy, Satire, Thought Policing, Transposition.

Ad Hominem: The suggestion that any whites who object to generalized statements about white racism must therefore themselves be racists is a classic ad hominem. It effectively refutes any concerns they might offer on the basis of a direct personal attack. Whether this is best thought of as a simple ad hominem (abusive) or the more complex ad hominem (circumstantial) is another question. As it does effectively comment on the motives and biases that whites bring to the issue, it is probably best to consider it a circumstantial.

False Alternatives: Insofar as this argument asks us to distinguish between white people who are racists and those who are not, this argument presents us with false alternatives. In fact, it does so on terms which should not arise at all in account taking the possibility of systemic racism seriously. Simply put, if racism is a feature if society as a whole, then the issue is not who is or is not racist; it is whether or not their specific words and deeds are contributing to racism in any way. It should go without saying under such a view that anyone could fall into racist patterns of thinking and talking. We can even suggest that white people might be more prone to this than others, or at least that we may plug into these patterns in particular ways. What we cannot do with any consistency is divide people (white or otherwise) into a simple binary set of those who are racist and those who are not.

Interactional Eclipse: Insofar as the argument accuses any white person objecting to statements about white racism of being racist in their own right, its interactional significance is rather high. It effectively sends a signal to white people that they should think twice before expressing disagreement. Drawing this line in the sand, so to speak, may well prove more significant than any of the intellectual merits of the argument.

Masked Man Fallacy: One of the more interesting angles to this argument lies in the way it uses definition by extension to answer problems arising from definition by intention. Many of the problems alluded to here arise when statements about white racism appear to implicate whites as a universal class. This can be done explicitly (by saying “all whites” or something to that effect) or by implication (e.g. “white people are like…), which suggests a universal implication without explicitly asserting the quantifier. Either way, a good portion of the objections here come directly from concerns about the possible unfairness or inaccuracy of such categorical assertions. The argument then asks those concerned about such problems to think of themselves as the exception and hence to drop their objections. The problem with this approach lies in the fact that the objections arise precisely because such statements do not admit of exceptions. In effect, the argument answers a question about the intentional meaning of an assertion (everyone?) by virtue of an unspoken extensional consideration (well, not me!).

It should also be said that some white people might object to categorical assertions about white people without necessarily thinking of themselves as the exceptions.

Micro-Reasoning: This was likely a tweet to begin with, and the argument is certainly short. There is only so much precision that can be expected of reasoning presented with such brevity.

Motte and Baily Doctrines: I think it’s fair to see this argument as an attempt to shift between motte and baily (perhaps to defend the bailey from the motte). If we imagine a qualified statement (e.g. ‘some white people do x’) as the motte and a categorical assertion along the same lines (e.g. ‘white people do x’ or even ‘all white people do x’) as the bailey, this argument appears to be a case of someone trying to defend the bailey from the confines of the motte. In effect, the author is saying that there is no need to assert the existence of exceptions because you can just imagine yourself as one of them.

No True Scotsman Fallacy: Normally this fallacy is applied in an effort to defend a positive generalization, but you could see this argument as an invitation for people to imagine themselves as the obvious exception to a negative generalization. You may fit in this awful category, but you’re not REALLY one of them. You get a pass! And since you get a pass, there will be no need to question the generalization, which I won’t be rethinking, because anyone who doesn’t fit the narrative also gets that free pass and we are all good, right?

This too is the NTS fallacy.

Satire: I’ve been dumping on this argument pretty hard, but there is at least one way of thinking about it that might redeem the argument a bit, as a sort of satirical ladder which must be pulled up after one has climbed it. It is as if the author is entertaining the prospect of an exception, only to suggest that that is in itself absurd. What if I really do try to imagine myself as a non-racist? Sure, I’m liberal. Sure, I have black friends (and other clich├ęs). Sure, I disavow racism, and try hard not to discriminate, but can I really say that I am completely free of racist thoughts and deeds? What about that one thing I said last year that I’m still kicking myself about? And then there was that one time, …I mean, I didn’t mean to, but… The point here is that while we can distinguish between people whose personal orientation is more or less consciously racist, we probably cannot point to a person whose thoughts and deeds do not reflect racist assumptions under any circumstances. This is at least one of the implications of systemic racism.

By this approach, the point of the argument would be to let the would-be exception struggle with their own self-awareness a bit, and in the end hopefully conclude they are not so free of racism after all. In effect, the argument starts off by letting people try to make a distinction between racist and non-racist white people only to realize the distinction is untenable.

Whether or not this is what the original author had in mind, I cannot say. I do think that much of the rhetoric for which this kind of argument could be offered as a defense is far more personal and far less subtle than would be consistent with this approach. Simply put, when someone is called racist, the implication is virtually always about their own personal orientation and even moral characteristics. Such accusations are not (normally) about abstract connections to large-scale patterns of social inequity.

Thought Policing: Insofar as the argument effectively stigmatizes any dissenting views, this does suggest a degree of thought policing. That will work better in some contexts than others, but then again it also appears more in some contexts than others.

Transposition: In diagram 2, the inference from 3 to 1 would work by transposition. This is also true of the inference from 1 to 3 in diagram 3. Suffice to say that those inferences are deductively valid.

Evaluation: Obviously, I do not consider this argument sound. Whatever the diagram, the main problem is the implausibility of the central notion that one might object if and only if she is racist. There are a few different ways to imagine this connection, but none of them really work, So, statement 2 doesn’t work as a starting premise for any version of this argument.

Final Thoughts: There is another problem at the root of all those associated with this argument. It’s choice people make in their rhetoric, and that choice involves a real trade-off in terms of the impact one makes on a conversation. Simply put, qualified statements don’t have anywhere near the impact that generalizations (even implied generalizations) can generate. Once people can imagine themselves as one of the good guys, it becomes all to easy to do just that and a nation full of people who know damned well there is a problem can’t seem to find anyone actually responsible for doing anything about it. Also, it doesn’t help that qualified statements are often quantified in vague ways. Changing “all whites are racist” to “some whites are racist” or even “many whites are racist” weakens the claim without actually adding much in the way of precision. Under these circumstances, the temptation to go with a generalization is certainly strong. Leaving out quantifiers altogether (e.g. ‘whites are racist’) still gives an author the strength of a generalization while reserving the possibility of admitting exemptions when pressed about it. So, this kind of quasi-universal language seems to have become a common solution to the problem.

Not surprisingly, a range of would-be allies and folks who fancy themselves as non-racist or even anti-racist are uncomfortable hearing statements that implicate them in racist thought and practice. Hence, the “not all…” rejoinders. Naturally, such responses weaken the impact of the claims in question and often serve to derail the conversation altogether as people haggle over the possibility that some white folks might not be so bad. Strong advocates of social justice thus have an interest in silencing these rejoinders, some of which might be thought of as sealioning or engaging in philosophy dude-bro behavior. Hence, we get arguments like the one presented here.

The problem is that the problem is real, just as the original problem is real.

Pardon me: The problem (with this argument and others like it) is that the problem (of exceptions to sweeping generalizations) is real, just as the original problem (racism) is real.

People have to decide which of these matters more to them and what they want to do about it. This argument reflects a clear choice of priorities; but it also reflects an attempt to force the issue in some very problematic ways.