[CONTENT WARNING: TERFs, mentions of violence and sexual assault]
[CONTENT WARNING: TERFs, mentions of violence and sexual assault]
You’ve heard this meme before, that we need to block some/all transgender people from restrooms due to their inherently violent nature. It’s popular in TERF circles, in fact I’ve covered one example myself. There’s just one problem: it was invented out of thin air.
[CONTENT WARNING: anti-LGBTQI+ rhetoric]
I’ve seen some confusion about “fourth wave feminism” and what it means. As it stands, the term has two separate meanings. [Read more…]
Apparently I know the solar system very well?
I attended a lecture on Carl Sagan, hosted by the Atheist Society of Calgary, and part of the event was a trivia challenge. While I wasn’t the only person at my table offering answers, my answers seemed to be the ones most consistently endorsed by the group. Assisted by some technical issues, our team wound up with a massive lead over the second-place finisher. The organizer from ASC surprised us all by saying everyone at our table could pick up a free T-shirt. I wasn’t terribly keen on wearing their logo, but I wandered over to the merch table anyway.
Sitting among the other designs was one that stopped me cold.
[9:54] They outlawed dunking the basketball, because Kareem Abdul-Jabbar won too many championships doing it. In nearly every possible example of a rule change in relation to individuals dominating, it comes only after that individual… well, dominated.
[10:16] In conclusion – to steal an ending as well – sport is not defined by fairness of starting point. If it was, we wouldn’t love sports. Sports are about the adversity, about overcoming the odds. It’s not about bleaching them into a robotic simulation in a computer.
Xevaris’ critique is more about the fundamental character of sport, like what it means to compete, and delves deep into history. It’s worth your time. I also want to point you to it because I cover similar territory in an upcoming post.
I really only have one complaint: there’s no closed-captions! There are plenty of reasons to keep them enabled on your videos, YouTubers.
Dang, I need to correct something I wrote.
Every human right applies to every person, equally. When rights conflict, one is temporarily granted precedent. It’s why the Canadian Charter of Rights and Freedoms is ordered the way it is; rights listed earlier in the document are more important than those listed after, greatly simplifying the analysis of any rights conflict.
I’d gotten that impression because Section 1, which allows any right to have restrictions placed on it to preserve a safe and free democracy, was placed up front while later sections deal with things like elections and criminal trials. In reality, they’re all “indivisible.”
Human rights are indivisible. Whether they relate to civil, cultural, economic, political or social issues, human rights are inherent to the dignity of every human person. Consequently, all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right invariably impedes enjoyment of other rights. Thus, the right of everyone to an adequate standard of living cannot be compromised at the expense of other rights, such as the right to health or the right to education.
All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education , or collective rights, such as the rights to development and self-determination, are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others.
All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.
This, of course, makes dealing with conflicting rights much more complicated. Usually, you have to demonstrate significant harm to place limits on a right; for instance, in Canada we allow restrictions on free speech only because they can cause physical harm and a loss of security, while even prisoners and foreign nationals are granted “full access to Canada’s human rights protections.”
Note also that these restrictions come from the state, not private individuals. Google cannot throw you in prison or seize your home, and even when they vacuum up your private info that’s only because they claim you agreed to give up a few specific types of personal information when dealing with them or authorized third parties, and because they can point you to tools that allow you to delete any data they have on you. Liability waiver forms shield some of the parties to the contract from being sued in connection to what happens in a specific time and place, they don’t prevent you from launching all lawsuits and they don’t prevent lawsuits in the case of extreme gross negligence. In no case can a private individual or corporation unilaterally take away a right, and any action that could place limitations on a right must be done by mutual consent.
I think you know where I’m going with this, especially since EssenceOfThought got there first, but humour me. The UN Declaration of Human Rights wasn’t considered legally binding on all countries that signed it at the time, but it’s evolved into precisely that while also expanding to encompass new rights.
Victor Madrigal-Borloz, the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, said Advisory Opinion OC-24 issued by the Court on 9 January 2018 was a significant step toward upholding the dignity and human rights of persons with diverse sexual orientation and gender identity.
Pathologizing persons with diverse gender identities, including trans women and men, is one of the root causes behind the grave human rights violations against them. Madrigal-Borloz underlined that the Court concluded that requiring medical or psychological certifications or other unreasonable requirements for gender recognition was not in line with the American Convention.
“I am very pleased with the Court’s reasoning, which is permeated in equal measure by legal rigour and human understanding. Advisory Opinion OC-24 is a veritable blueprint for States to fulfil their obligation to provide quick, transparent and accessible legal gender recognition without abusive conditions, respectful of free/informed choice and bodily autonomy, as was also exhorted last May by a group of United Nations and international human rights experts,” he said.
Gender identity is a fundamental right, at the highest level. But because it took the UN a while to get there, other countries have already granted that right themselves. At the federal level, Canada made it official in 2017.
For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
I’m proud to say we even allow non-binary sex designations on our passports. Even my home province of Alberta, one of the most conservative in the nation, considered gender identity a fundamental human right as of 2015.
WHEREAS it is recognized in Alberta as a fundamental principle and as a matter of public policy that all persons are equal in: dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation.
If gender identity is a human right, then private organizations cannot prevent individuals from being treated according to how they identify, unless both parties mutually consent. If one person says “no,” then any such differential treatment is a human rights violation. Only the state can say otherwise, and even then only if the alternative does significant harm.
So when Rationality Rules says this …
[19:00] And my answer to the more controversial question, “do trans women who have experienced male puberty have an unfair athletic advantage?” is: it depends on the sport. […]
… he’s arguing that private organizations should have the ability to suspend human rights, and that rights are divisible, contrary to decades of legal precedent across multiple countries. And when he says this …
[20:02] I am not opposed to trans women who have experienced male puberty competing in the female category of SOME events because they’re trans. I am opposed because the attributes which are granted from male puberty that play a vital role in some events have not been shown to be sufficiently mitigated by HRT. It’s not about whether or not they’re women, it’s about whether or not “fair play” has been maintained. Do I make myself clear?
… he is making himself abundantly clear. He considers the maintenance of “fair play” in sports vital to the operation of a free and fair democracy, so vital that it justifies removing human rights from some transgender people. In the process, they’ll have fewer rights than convicted criminals.
There’s two ways to rescue Rationality Rules from this absurdity. One is simply that he’s ignorant; in the two months he spent researching the topic and consulting with biologists, physiologists, and/or statisticians [17:50-17:59], he never ran across the human rights argument. The other way is that he doesn’t agree with the concept of human rights. The second path is kind of awkward, as it has him rubbing shoulders with the religious figures he likes to critique. At any rate, he’s closed off both means of escape.
This video can be considered the remake, and I’ve done my utmost best to illustrate that this is not about people’s rights, it’s about *what constitutes fairness in sport*. You, me and everyone else have the right to compete in sports, but that doesn’t mean that we have the right to compete in any division we want.
So there’s no dodging it, Rationality Rules is engaging in special pleading. He wants an exception to an existing rule without justification, even if he has to throw out over fifty years of human rights law in the process.
Now, to be fair, everyone makes mistakes. Rationality Rules isn’t the first atheist/skeptic to be guilty of special pleading, and he won’t be the last. In most cases, this just due to ignorance: they don’t know their logical fallacies, and thus don’t realize they’re engaging in them. If he wants to brush up, I’d recommend he play “Debunked.”
Debunked is a highly strategic card game of logic, reason and nonsense! There are two decks, one full of fallacious arguments, and the other full of everything else – which includes logic to debunk the arguments, ways to improve your hand (such as resurrecting a card from the discard pile), and, most importantly, ways to mess with your opponent (such as making them skip their go). It’s very simple to learn, but hard to master… like logic itself. …
I know it’ll help him in this particular case, because it contains a “special pleading” card.
The card game is currently a Kickstarter project, so the only way he can get a copy is to contact…. oh. Oh dear.
… Hey, I’m Stephen Woodford, the man behind the YouTube channel Rationality Rules, and this game is my attempt to combine my two loves – reason and gaming. Debunked is first and foremost a thoroughly enjoyable and repeatable game, saturated with varying strategies and hilarious themes, but it’s also a fantastic tool for learning logic; the arguments are real, and so too are the fallacies they commit – hence, the logic cards genuinely can teach people a thing or two about valid argumentation (or at the very least remind them).
[HJH 2019-07-14: Finally got around to adding the “fair play” link.]
I hate loose threads. There was something I had to brush past in my last post, because I didn’t know much about it and I was already over the 2,000 word mark. It kept bugging me, though, enough to prompt me to do my homework. Now I realize why this was the first bullet point in that TERF apologetics post:
Associating our intellectual position with a far right-wing one, because some far right-wing thinkers would agree with us in some of our conclusions, and insinuating that our position is all the worse because of it, is an ad hominem. Ad hominems are widely recognised as inappropriate in philosophy. […]
Equally: the fact that person shares a conclusion with a far right-wing person could never show, on its own, that the conclusion was false. It is likely that every single person on the planet shares several hundred (true) beliefs with any given far right-wing person. In brief: this strategy, and any which are structurally like it, is rhetorical guilt-by-association. It has no place in responsible argument.
If we’re playing fallacy cards, then I pull out the Fallacy Fallacy. If it’s a coincidence that TERFs and the religious far-Right agree on several positions, that is indeed an ad hominem. If instead they agree on the same positions because they’ve directly convinced one another of the truthhood of those positions, then it is fair to link the two. This wouldn’t be a bad thing if their positions were true, but if they’re instead an incoherent mess used to harm others then we have an entirely different story. If I can establish such a link then I can lay the harm caused by one group at the feet of the other.
Remember that letter from eight days ago? Emphasis mine:
On Friday, the Special Counsel submitted to me a “confidential report explaining the prosecution or declination decisions” he has reached, as required by 28 C.F.R. $ 600.8(c). This report is entitled “Report on the Investigation into Russian Interference in the 2016 Presidential Election.” Although my review is ongoing, I believe that it is in the public interest to describe the report and to summarize the principal conclusions reached by the Special Counsel and the results of his investigation.
This prompted a lot of discussion of Barr’s memo; follow that New York Times link, and the headline declares it a summary. CNN called it a summary too, as did the Washington Post, Vox, The Atlantic, Business Insider, the CBC, and so on. Three days ago, or five days after he released his first memo, Barr released a second.
Also, I am aware of some media reports and other public statements mischaracterizing my March 24, 2019 supplemental notification as a “summary” of the Special Counsel’s investigation and report. For example, Chairman Nadler’s March 25 letter refers to my supplemental notification as a “four-page summary of the Special Counsel’s review.” My March 24 letter was not, and did not purport to be, an exhaustive recounting of the Special Counsel’s investigation or report. … I do not believe it would be in the public’s interest for me to attempt to summarize the full report or to release it in serial or piecemeal fashion.
Wait, so that original memo wasn’t a summary? Then what was it?
… an exhaustive recounting of the Special Counsel’s investigation or report. As my letter made clear, my notification to Congress and the public provided, pending release of the report, a summary of its “principal conclusions”—that is, its bottom line.
Any reasonable person would treat “summary” and “summarize its principle conclusions” as synonymous, and conclude Barr was releasing a summary. Barr is trying to pull a Bill Clinton and push a specific interpretation of specific words that’s at odds with their general understanding. As a lawyer, he almost certainly chose those words deliberately and with that intent.
That’s barely the start of what was wrong with Barr’s original memo.
Former federal prosecutor Renato Mariotti observes that “he is likely pushing back because calling it a ‘summary’ suggests that the letter accurately summarizes the entire report, and it does not do so.” Moreover, by hiding even the length of the report in the first letter, Barr helped President Trump perpetuate the assertion that Mueller hadn’t found much of anything. If it took almost 400 pages to lay out his findings, we can bet there’s plenty of interest to the American people.
Other Justice Department veterans agree that Barr is playing defense. “I think he’s clearly a bit stung by the criticism he’s gotten this week, and this letter was his attempt to look like he is committed to transparency without actually making any new commitments,” says former Justice Department spokesman Matt Miller.
Note the timing as well: Barr’s first memo was released two days after he announced he had the SCO report, when the media was desperate for any scraps and would eagerly blast them to the public. His second memo was released on a Friday night, when the media was less likely to notice and report on it, and long after everyone had already called the first memo a summary.
Then there’s the issue of redactions: Barr identified two types of information he’d like to redact in his first memo, info related to ongoing investigations and “matters occurring before a grand jury.” In the second memo two more categories pop up, “material … potentially compromising sensitive sources and methods” plus “information that would unduly infringe on the personal privacy and reputational interests of peripheral third parties.”
All but the first of these four categories are problematic. […]
“This is not how things are meant to happen,” said Professor Neil Katyal, Professor of National Security Law at Georgetown University Law Center and former Acting Solicitor General of the United States, who drafted the special counsel regulations, on MSNBC on March 29.
In connection with Barr’s unwillingness to release the unredacted report to Congress, Katyal said: “The fact that he won’t do that is really suspicious and tells me that there is information in the Mueller Report that Barr doesn’t want to come out. I don’t think it’s for up-and-up reasons. I think it’s because it’s embarrassing to the president.”
As that Forbes editorial points out, this wasn’t a problem with past Special Council reports. Ken Starr finished his report on a Wednesday, and Congress was given a full, unredacted version of it the same day. It too contained grand jury material, but Starr merely had to consult with a judge to get that released to Congress. The public themselves got restricted access two days later via the internet. The turnaround was so rapid because, as Special Council, Starr knew his report had to be delivered to Congress and the public. He’d done the hard work of working out the redactions while drafting the report, so the publication would proceed as rapidly as possible.
Yet Barr is implying Mueller had no idea he’d be submitting his report to Congress or the public, and offloaded that work to Barr. Tack on the fact that Barr’s job application included an unsolicited memo which claimed the President was immune from prosecution, and his past work was stopping the Iran-Contra investigation by pardoning the key players, and this stinks of a deliberate cover-up. No wonder the House Judiciary committee is preparing the subpoena cannon.
Whenever anyone asks me for my favorite scientist, her name comes first.
At a time when women were considered intellectually inferior to men, Noether (pronounced NUR-ter) won the admiration of her male colleagues. She resolved a nagging puzzle in Albert Einstein’s newfound theory of gravity, the general theory of relativity. And in the process, she proved a revolutionary mathematical theorem that changed the way physicists study the universe.
It’s been a century since the July 23, 1918, unveiling of Noether’s famous theorem. Yet its importance persists today. “That theorem has been a guiding star to 20th and 21st century physics,” says theoretical physicist Frank Wilczek of MIT. […]
Although most people have never heard of Noether, physicists sing her theorem’s praises. The theorem is “pervasive in everything we do,” says theoretical physicist Ruth Gregory of Durham University in England. Gregory, who has lectured on the importance of Noether’s work, studies gravity, a field in which Noether’s legacy looms large.