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There's The Outrage

06 Nov 2006 04:07 pm

Good Catholic and double-effecter Ross Douthat objects to my efforts to even loosely equate Dujail and Fallujah. There's some factual uncertainty as to exactly what went down at Fallujah (a point I'll return to) but one of the main things at issue here is intentions. Saddam was given to doing things like deliberately killing civilians as a counter-insurgency tactic. Bush, not being a monster, doesn't do things like that. Instead, he deliberately adopts counter-insurgency tactics that foreseeably kill civilians. There's definitely a large intuitive difference here. "Monster" seems to fit Saddam, whereas Bush much more seems the bufoon who just kind of blunders into policy errors. On the other hand, this buffoonery has led to the deaths of hundreds of thousands of people. So one starts to wonder. Obviously, there's a time-honored philosophical dispute here that a blog post is unlikely to resolve, but I still think it's useful to try to lay out my thinking a bit.

The trouble with good intentions, as Max Weber points out (I think) in "Politics as a Vocation", is that it becomes the enemy of responsibility. The good thing about well-intentioned people is that, by their nature, they don't want bad things to happen. Normally, then, having well-intentioned people in positions of power is a good, albeit imperfect, check on the occurrence of very bad things. Certainly, it's superior to having ill-intentioned people, monsters like Saddam, in charge of things. Once we admit the existence of good intentions as an exculpatory defense to the occurence of bad things, however, a paradox arises and bad things result.

The well-intentioned person, being well-intentioned, will try his best to ensure that bad things don't happen. If things that occur as a result of well-intentioned actions are defined as not-so-bad, however, then the well-intentioned person doesn't really need to try his best to ensure that bad things don't happen. After all, the person, being well-intentioned, by definition isn't going to do any very bad things. The things he does, after all, are all well-intentioned things, not bad things.

Well-intentioned leaders, on this view, don't "kill hundreds of thousands" in the way that monsters do. They simply make policy errors. Errors that, in the course of things, may happen to kill hundreds of thousands.

The trouble, of course, is that part of being well-intentioned should be a determination to be very careful that you don't actually kill hundreds of thousands. Severe aversion to carelessly causing mass-death should, after all, be one of the cardinal virtues of having the well-intentioned in positions of authority. This only works, however, if what well-intentioned people do is consider themselves responsible for the actual consequences of their actions. Insofar as the well-intentioned are convinced that their own intentions are all that matters, then good intentions are sapped of most of their value.

And, yes, I've just made a consequentialist argument for consequentialism; or perhaps a pragmatic argument for pragmatism. It's turtles all the way down. I was going to end this post with the suggestion that one could probably write a good book about Iraq called "The Politics of Good Intentions" so I checked Google and, indeed, there's a book called The Politics of Good Intentions. Publicity material says:

Tony Blair has often said that he wishes history to judge the great political controversies of the early twenty-first century--above all, the actions he has undertaken in alliance with George W. Bush. This book is the first attempt to fulfill that wish, using the long history of the modern state to put the events of recent years--the war on terror, the war in Iraq, the falling out between Europe and the United States--in their proper perspective. It also dissects the way that politicians like Blair and Bush have used and abused history to justify the new world order they are creating.

Jason Moring's review in The New York Observer even says the author, David Runciman, "borrows from thinkers like Max Weber to shed light on contemporary politics." Just like me.

So now back to Fallujah. It's very hard to say exactly how bad what happened at Fallujah was, for the simple reason that we have no real idea how many civilians were killed or maimed in that battle. Being reality-based, I'm left unable to really say what happened or to evaluate it. Nor is our ignorance about this unusual -- we don't have a good sense of how many civilians were killed or wounded because the US government makes no effort to rigorously quantify civilian deaths. Instead, they assure us that they make every effort to minimize civilians casualties.

Anyone who follows the contemporary American military will tell you that there's a lot of truth to that claim. Equally, though, anyone who follows the contemporary American military will tell you that it's frustratingly difficult to say how successful it is at minimizing civilian casualties since, after all, the military doesn't count civilian casualties.

But there you have it. If Bush really wanted to minimize civilian casualties, wouldn't he order the Pentagon to keep track of civilian casualties? That way you could see how effective the casualty-minimizing tactics employed in this situation or that were. You could, by comparing different efforts, be constantly improving our methods of casualty-minimization. Any serious effort to minimize (or maximize) anything requires an effort to quantify the minimized or maximized quantity. But Bush doesn't do that (and he's not unique among world leaders or US presidents in this regard) because he's not, at the end of the day, trying very seriously to minimize civilian casualties. He's trying to minimize his perceived responsibility for civilian deaths. Part of this is taking steps thought likely to reduce civilian casualties. Another part is to prevent quantification of civilian casualties.

The lack of quantification assists the effort to evade responsibility but undermines the effort to actually minimize civilian casualties. This is why we get curious things like the White House response to the Lancet study. They assure us it's wrong. Badly wrong. But do they rebut it with alternative, superior studies? No, they don't, because the allergy to quantification is integral to the strategy. Which, again, just goes to show that the core of the strategy is avoiding responsibility rather than avoiding casualties.

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Comments (44)

Excellent.

You may have not had the intention to do so, but you have proved that Ross Douthat is full of shit, just like the blowhards of this administration that he so loyally and blindly supports.

I always find it puzzling that you bother to give Jonah Goldberg the benefit of even responding to his lame-brained scrawls.

I find it almost as puzzling that you treat Douthat as a serious person. I have never read anything by him that did not smack of right-wing hackery tarted up with a thin and ill-informed veneer of intellectual pretension.

He's like Ponnuru without the intriguing last name--a pompous stance of being more-moral-than-thou, which somehow magically winds up supporting the standard Santorum-era Republican thuggery.

Well, maybe that's too harsh--there is something a *little* bit intriguing about "Douthat".

Great post. Amazing that such a clear and sane point would be controversial. But the purity of our precious intentions is the key thing that we cling to in order to differentiate our goodness from the evilness of the other side. Since number of civilian deaths caused certainly doesn't show the difference.

The U.S. has been using "dumb" bombs and artillery shells in civilian areas of Iraq for years now, that would forseeably kill civilians.

I think Douthat is one of the most intelligent conservatives around, if not the most (but I don't keep a ranking or anything). Anyway, in this case, it is turtles all the way down. I suspect Ross D. is engaged in a pretty common human attempt to deflect the justified blame that lies at the feet of those to which he is very close.

Whoa! Have you actually read Douthat over at the American Scene? Hugh Hewitt he is not.

This is a great post. I never thought of this and haven't seen this simple point made anywhere else. I always "knew" this war was waged in bad faith with utter disregard for the lives and welfare of Iraqis, but I never considered this obvious proof of the fact.

Douthat's not so bad, for a convinced Republican. He's miles better than the Ramesh Ponnurus of the world. He has some interesting things to say, and he started criticizing Bush pretty early. I think this is because he identifies with the Paleo wing of the party, many of whom (led by Pat Buchanan) opposed the Iraq war from the start. But he labors under the immense intellectual handicap of identifying as a mainstream Republican, which ties him at an almost pre-conscious level to the pile of crap the party has become. The fact that he's unwilling to just jettison it speaks to his careerism. He has a line to walk in how critical he can be (that is, he must be less harsh on Bush and the party than the facts warrant) if he wants to maintain full access and opportunities within the party's propaganda wing.

By golly, this dude is a political philosopher, which ain't that far from a moral philosopher. This was good enough to save to my hard drive, next to the Weber.

I think you might be giving Bush too much credit. Nah, just about right. It is about simultaneous barbarity and deniability.

In the Anglo-American common law, there is a key distinction between criminal and civil liability. Criminal liability (typically) requires intention (mens rea). Civil liability (again, typically) only requires that the harm was foreseeable and that the defendant did not exercise reasonable care to prevent it.

So, in a sense, Bush is as responsible for the deaths he caused as Saddam is for those he caused if you believe, as I do, that the harm was foreseeable and care was not taken. But to prove criminal responsibility would require deliberate, and not merely foreseeable, targeting of civilians.

This past weekend's This American Life featured an interview with a former targeting specialist at the Pentagon, now an analyst with Human Rights Watch, who talks about the great care they took to target and "weaponeer" to minimize civilian casualties in the Iraq invasion. But then the Pentagon never did any follow-up work at all to figure out whether their collateral-damge models had proven accurate.

Douthat is at the least setting the bar way too low. That Bush is better than Saddam ain't saying much.

I imagine Bush thinks he just too nice and Christian to ever do bad things, so for the x * 100,000s killed, well, I'm sure he finds a way to sleep at night. I bet Saddam too had his reasons.

I think Matt's point is dead-on: if Bush cared about civilian deaths he would measure them. Wasn't it Bush's business school measurement ethos that led to "No Child Left Behind?"

I shudder to think of how many times George Bush and the people around him have heard and said "you manage what you measure." Bush went to HBS, for god's sake. That's all these people know how to say.

I've read very little Douthat, but it's all been pretty dumb. Anybody got a link to something good?

Excellent Matthew. And it would also help inure Bush to criticisms of his policies, when they turn bad, if he had honestly stated what his intentions were. WMD's? Democracy? Prevent terror strikes on Americans? Win an election?

Lying about your intentions and then covering up the bad consequences leaves you in a rather bad place from which to ask to be judged by your intentions rather than the outcome.

And further, when your intention is to start a war when you haven't been attacked, a bad outcome can hardly be considered unintentional since most people consider the desire to make war a pretty bad intention to start.

Well if you are going to adopt consequentialist logic what is wrong with deliberately killing civilians if that will save lives? Why exactly was Saddam a monster? By consequentialist logic it would appear to be because he started wars with Iran and Kuwait that got a lot of people killed while accomplishing nothing. The internal repression is less clearcut. Perhaps it was necessary to maintain order.

"He's like Ponnuru without the intriguing last name..."

I dunno, kid bitzer, I think Douthat is a fairly intriguing last name. I also think Ross likely has less hackish intentions than Mister How-Dare-You-Suggest-That-Party-of-Death-Is-Not-A-Fair-And-Balanced-Book-Title.

But I would tend to agree with Matt on the value of intentions.

The difference between Bush being "well-intentioned" and Saddam being a "monster" is exactly the same as the difference between whites "searching for food" and blacks "looting."

Great post. About this part,

Saddam was given to doing things like deliberately killing civilians as a counter-insurgency tactic. Bush, not being a monster, doesn't do things like that. Instead, he deliberately adopts counter-insurgency tactics that foreseeably kill civilians.

I'd just note that the relative monstrousness of your mass-killing world leader depends a lot on where you sit, and that plenty of people around the world would find both Saddam's actions more understandable and Bush's less sympathetic than we do. How, exactly, are we judging Saddam's intentions anyway? Just as there's a massive apparatus that allows us to assign rational motivations to our leaders, such that killing hundreds of thousands of people "makes sense," I'm sure there was something similar going on in Iraq. (This isn't to excuse or endorse, etc. etc., but just to note that judging "intentions" isn't so simple.)

Awesome takedown of the evil dog, Franklin Roosevelt. What scum. He didn't even attempt to measure how many civilians were killed in Hiroshima and Nagasaki.

Anybody who would claim to be of the same party as that evil, evil man, FDR, is likely just as evil as FDR.

Oh, Matthew WASN'T talking about FDR and Hiroshima and Nagasaki? He was talking about Bush and Fallujah? Who knew?

To be clear, I'm just upset because I was outraged first, and responded in comments just as Douthat did, and yet Matthew only saw the outrage in Douthat's post.

I see that calling all toasters made my point much more concisely and forcefully.

"FDR and Hiroshima and Nagasaki"
Is that the same FDR who died 4 months before the bombs were dropped? I sure hope so.

In the Anglo-American common law, there is a key distinction between criminal and civil liability. Criminal liability (typically) requires intention (mens rea). Civil liability (again, typically) only requires that the harm was foreseeable and that the defendant did not exercise reasonable care to prevent it.

But this isn't exactly true, is it? Negligence (gross, willful, or etc.) can also be the basis for criminal liability.

Note also that the law generally treats a murder incidental to another crime more harshly than a simple murder. IIRC, committing a murder in the course of another felony can be the determining factor in making it subject to capital punishment.

in this light, it's interesting to recall that the first two counts against the German leaders at the Nuremberg trials involved "waging agressive war," not crimes against humanity.

Is that the same FDR who died 4 months before the bombs were dropped?

No, no, no. That was a guy named Franklin Roosevelt. I'm talkin' about a guy named Harry Truman.

Lemuel Pitkin is mostly correct. Committing a felony in which a death occurs (without intent to cause the death) is felony murder. Causing a death without intent but with willful disregard can also be murder. Causing a death without intent and without willful disregard can be involuntary manslaughter. Depending on the jurisdiction, of course.

Al: Truman, not Roosevelt, dropped the bomb on Japan, and he clearly did intend to kill civilians by doing it. That was the point of terrorizing Japan into surrender. There were a lot of damage assessments done afterwards to see whether the bomb had met its goal of maximum possible destruction.

The record of modern war since WWII shows pretty clearly that it more or less requires the killing of large numbers of civilians. Thus, whenever you start a war you "intend" to kill civilians, as any reasonable person would foresee this outcome. If we faced up to this as a nation it would make our militarism much more morally problematic. There are then tactical choices within the war that show how much you actually value civilian lives.

We started a war of aggression on flimsy pretexts, a war which could be foreseen to lead to civilian deaths. We then made a large number of tactical choices within that war that led to further killings of civilians. Admittedly, we also did make some choices within the war that reduced civilian casualties -- those choices have been much more publicized by the Pentagon propaganda machine. But on net, our actions do not strike me as those of a nation concerned to minimize civilian casualties.

But to prove criminal responsibility would require deliberate, and not merely foreseeable, targeting of civilians.

Not true. I'm not sure of the precise legal standards, but acting with reckless disregard for the life of others can lead to criminal charges. Intentionally committing an act with the certainty that the act will cause the death of another can lead to murder charges even if the actor didn't want to kill the victim. Felony murder statutes provide that a person can be guilty of 1st degree murder and subject to the death penalty if someone dies during the commission of a felony, even if the death was completely accidental. And in the case of war, the death of civilians is not just reasonably foreseeable, it is certain to occur.

Lovely post. The question of omission vs. intention in Falluja is one that the American media has never looked at, even though certain things are obvious. For instance, when, say, the Soviets in Afghanistan reduced a 'hostile' city, one of the things they were justly blamed for was inflicting damage on civilians without providing them with a place to flee to. No water, no food, no shelter. Creating this kind of refugee problem is at the heart of the accusation that the Sudanese government is committing genocide in Darfur. Yet, the Americans razed Falluja without any attempt to aid 200,000 refugees. They knew the bombardment and battle would cause massive refugee flow. They knew the inhospitable conditions outside Falluja would mean that refugees just couldn't wait on the outskirts while a couple of firefights finished up. And they deliberately did nothing.

If one blames the Sudanese government for the Darfur situation, one has to blame the Bush administration for Falluja.

It was not only a crime, it was an immense blunder. The general who said that taking falluja 'broke the back' of the insurgency was a great example of how truly clueless the higher up officers are in the military about Iraq. Instead, the Americans showed the Sunnis that they would destroy their cities if they weren't stopped. Which is a great impetus to ... destroy the occupier.

Does American civil law really encompass war crimes?

Doesn't international law hold that starting an unjust war is a crime? And it would seem to follow that the deaths that accrue cannot then be said to have been unintentional.

If I rob a bank and someone gets shot, arguing that I needed the money for my grandmother's operation, and didn't intend there be shooting, would seem an apt analogy to Bush's situation.

lemuel,

That's why I put in all the qualifiers about "typically" and so on. You can commit felony murder without intending to kill anybody. My point is just that the law has never viewed intentional and unintentional killings as in the same league in terms of culpability.

If any court ever got jurisdiction, I agree that Bush could be in trouble for waging aggressive war. There's no doubt about intent there. He could try arguing that UNSC Res 1441 was authority, but that would be a bogus defence, because it wasn't.

Still, even in an aggressive war, there are distinctions in culpability for the soldiers involved, depending on whether they deliberately or accidentally kill non-combatants. German soldiers who killed GIs in WWII were not criminals.

Tim,

"Reckless disregard" is a higher standard than foreseeability of death. Recklessness implies total indifference to the risk of death. An armed force that engages in a military action is subject to rules of proportionality with respect to non-combatant deaths.

What Saddam is accused of is a different matter than disproportionate use of force. It is the deliberate killing of non-combatants and captured combatants as a reprisal. If the US military is doing that in Iraq, then legal liability ought to follow.

The certainty that someone will die is not the issue. If we have a highway system, we know that someone will die in a car accident next week. That is a certainty. But it is still an accidental death.


600,000 people in 3 years is far more death tied to Bush's actions than Saddam's 200,000 over 12 years. Bush alleges that he wants to spare Iraq from the ravages of a monster, but his cure is horribly worse than the disease.

Indifference hurts as well as intent.

Al: He didn't even attempt to measure how many civilians were killed in Hiroshima and Nagasaki.

Factually incorrect, to an extent that boggles the mind. The US occupation army sent large numbers of troops into Hiroshima and Nagasaki to measure physical damage and casualties. There were followup studies that lasted for years to assess the effects of radiation dose on all the individuals for miles within the blasts. Each person who could be found was interviewed to determine how far they were from the blast, whether they were protected by walls, etc. Millions of dollars and hundreds of man years were spent on this measuring effort.

I bet Saddam too had his reasons.

Of course he did. Classifying someone's intentions on a good-bad scale is a snare and a delusion. A person may have intentions that I don't like, but that's quite different from saying his intentions are bad.

So Saddam committed tens or hundreds of thousands of first-degree murders, and Bush merely committed tens of thousands of depraved-indifference homicides. USA! USA! USA!

But to prove criminal responsibility would require deliberate, and not merely foreseeable, targeting of civilians.

How can you drop thousands of bombs, including white phospherous and cluster bombs, on densly populated areas and suggest that you aren't targeting civilians? If I drove down the street shooting a gun at random, would the fact that I wasn't aiming at anyone in particular absolve me of criminal wrongdoing?

When I was young I watched a car speeding away from the police. It was Christmas eve, and the streets were filled with shoppers. He got to the intersection that I was stopped at, and couldn't go - the light was red. So he drove on to the sidewalk and cut the corner. Was he intentionally mowing down the group of people on the sidewalk? Maybe, I dunno. I don't think that would be a particularly valid defence, moral or legal.

Philip Larkin said it best:

"They may not mean to, but they do."

Note that all this stuff about the distinction between premeditated murder and involuntary manslaughter totally destroy's Matt's consequentialist argument.

Matt worries that allowing "good intentions" as a defense will relieve the well-intentioned of the obligation to take care. But we don't let off scot-free those who do bad things with good intentions, we give them a lesser punishment. Presumably we recognize that carelessness isn't bad as evil intent, and that it's easier to deter.

For what it is worth, in a very rough calculation of excess deaths/year in power, Stalin is about 6 times as bad as Bush.

Gross negligence is indistinguisable from malice. Just ask Kanye West.

There must have been some way to remove Saddam without putting all those innocent Iraqi civilians at risk.
Is the prohibition, or at least avoidance, of targeted assassination mostly an agreement among leaders not to kill one another? More gentlemanly to "legally" throw entire nations into the grinder?

Matt, under your standards, what warring nation in history hasn't been guilty of war crimes?

As Oliver Wendell Holmes, Jr., once said: "A dog knows the difference between being tripped over and being kicked." But if the dog has the misfortune of living with an unusually clumsy human, he will stay out of the way. The kicker, he might bite. It's not the same problem, and doesn't call for the same response, but either way the dog is in a fix.

Pithlord,

In your highway example you clearly have a problem with causation. There's a difference in building a highway on which others may die and dropping bombs on people's houses. On the highway there has to be an intervening event that causes one's death, not so with a bomb. Anyway, your original point that criminal responsibility requires intent to have a certain result is wrong. Negligent homicide, involuntary manslaughter, hell, statutory rape is a strict liability crime.

For what it is worth, in a very rough calculation of excess deaths/year in power, Stalin is about 6 times as bad as Bush.

In a purely quantitative way, I wonder who the misery/time "leader" would be? Pol Pot, Mao, Stalin, Hitler?

(What about generals who fecklessly waste men? Ulysses S. Grant blew through soldiers at a horrifying rate. 40,000 in an hour at Cold Harbor. The British at the Somme lost only half that.)

Matt, under your standards, what warring nation in history hasn't been guilty of war crimes?

The British, in the Falklands conflict. No Argentinian prisoners killed or abused. No Argentinian civilians killed or injured, deliberately or by accident. No chemical weapons used. No bombardment of cities. No torture. No hostages taken.

Any more questions?

so, Ajay, one non-criminally conducted war in history?


Comments closed November 20, 2006.

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