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Culture War Roundup for the week of September 4, 2023

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Defunding My Mistake

Confessions of an ex-ACAB

Until about five years ago, I unironically parroted the slogan All Cops Are Bastards (ACAB) and earnestly advocated to abolish the police and prison system. I had faint inklings I might be wrong about this a long time ago, but it took a while to come to terms with its disavowal. What follows is intended to be not just a detailed account of what I used to believe but most pertinently, why. Despite being super egotistical, for whatever reason I do not experience an aversion to openly admitting mistakes I've made, and I find it very difficult to understand why others do. I've said many times before that nothing engenders someone's credibility more than when they admit error, so you definitely have my permission to view this kind of confession as a self-serving exercise (it is). Beyond my own penitence, I find it very helpful when folks engage in introspective, epistemological self-scrutiny, and I hope others are inspired to do the same.

How Did I Get There?

For decades now, I've consistently held plain vanilla libertarian policy preferences, with the only major distinction being that I've aligned myself more with the anarchists. Whereas some were content with pushing the "amount of government" lever to "little", I wanted to kick it all the way to "zero". There are many reasons I was and remain drawn to anarchist libertarianism, and chief among them was the attractively simple notion that violence is immoral and that government is violence. The problem with moral frameworks is that they can be quite infectious. To pick on one example for demonstration's sake, I notice that for many animal welfare advocates a vegan diet is heralded not just as the ideal moral choice, but also as the healthiest for humans, the least polluting, the cheapest financially, the best for soil conservation, the most water-efficient, the least labor-exploitative, et cetera & so forth. There's a risk that if you become dogmatically attached to a principled position, you're liable to be less scrutinizing when reflexively folding in other justifications. I suspect that happened to me with prisons, for example, where because I felt immediate revulsion at the thought of the state forcing someone into a cage, I was unwilling to entertain the possibility it could be justified. Ceding the ground on this particular brick was too threatening to the anarchism edifice I was so fond of.

Obviously if you advocate getting rid of the government, people naturally want to know what will replace it. Some concerns were trivial to respond to (I'm not sad about the DEA not existing anymore because drugs shouldn't be illegal to begin with), but other questions I found annoying because I admittedly had no good answer, such as what to do with criminals if the police didn't exist. I tried to find these answers. Anarchism as an umbrella ideology leans heavily to the far left and has a history of serious disagreements with fellow-travelers in Marxism. Despite that feud, anarchist thought absorbed by proxy Marxist "material conditions" critiques that blame the existence of crime on capitalism's inequalities --- a claim that continues to be widely circulated today, despite how flagrantly dumb it is. As someone who was and continues to be solidly in favor of free market economics, these critiques were like parsing an inscrutable foreign language.[1] I was in college around my most ideologically formative time and a voracious reader, but I churned through the relevant literature and found nothing convincing. Instead of noting that as a blaring red flag, I maintained the grip I had on my preferred conclusion and delegated the hard work of actually defending it to someone else. I specifically recall how Angela Davis's 2003 book Are Prisons Obsolete? (written by a famous professor! woah!) had just come out and the praise it was getting from my lefty friends. If this synopsis of the book is in any way accurate, Davis's arguments are so undercooked that it should come with a health warning. The fact that I never read the book all the following years could have been intentional, because it allowed me a convenient escape hatch: whenever pressed, I could just hide behind Davis and other purportedly super prestigious intellectuals as my security detail. Back then, I carried the incredibly naive assumption that any position held by prestigious academics couldn't be completely baseless...right?

Also pertinent is exploring why I felt so attached to something I knew I couldn't logically defend, and the simple explanation is that it was cool. Being a libertarian can be super socially isolating, especially if you live only in places overwhelmingly surrounded by leftists like I do. I navigated the social scene by prioritizing shared political values --- let's not discuss how I don't support the minimum wage, focus instead on how much I hate the police and on how much I love punk rock. That worked really well. Putting "ACAB" on my Tinder profile was an effective signaling move that dramatically improved my chances of matching with the tattooed and pierced cuties I was chasing. Announcing at a party that you are so radical that you're willing to eliminate prisons is an effective showmanship maneuver that few others have the stomach to challenge. There was plenty of social cachet motivating me to ignore niggling doubts.

How Did I Leave?

Whatever the outward facade, my position was crumbling behind it. Almost seven years ago I started working as a public defender and was inundated with hundreds of hours of police encounter footage that were completely uneventful; if anyone, it was usually my client who acted like an idiot. I've seen bodycam footage that starts with officers dropping their lunch in the precinct breakroom in order to full-on sprint toward a "shots fired" dispatch call. I've seen dipshits like the woman who attempted to flee a traffic stop while the trooper was desperately reaching for the ignition with his legs dangling out of the open car door. Despite this, the trooper treated her with impeccable professionalism once the situation was stabilized. At least about five years ago, I found myself in a conversation with a very normie liberal lawyer on the question of police/prison abolition. It was one of the first times I encountered serious pushback and I quickly realized just how woefully under-equipped I was. I distinctly remember how unpleasant the feeling was --- not from the fear of being wrong about something, but rather the fear of being found out.

There were instances where I pulled bullshit what-I-really-mean defenses of ACAB and tried to pontificate about how it's less about whether individual officers are per se "bastards", but rather how the institutional role is blah blah blah. I played similarly squirmy motte-and-bailey games with the abolition topic when I was confronted with undeniable rebuttals. I found an example from almost 10 years ago of one of my most common responses, where I'd highlight some police scandal (e.g., cops seizing more stuff through civil forfeiture than is stolen from people by burglars) and accompany it with the eminently lukewarm "on net, society might be better off without police". The argument is as abstract as it is unconvincing; soaring at an altitude too high for effective critique yet also too remote for anyone to care. Tellingly, I wouldn't and couldn't address the more pressing questions of how to deal with more serious crimes.

It was bizarre watching the discourse unfold during the 2020 BLM riots/protests. Almost overnight, the normie liberal demographic that previously was willing to push back on my inanity was now hoarse from screaming for police abolition. My younger self would've been thrilled watching the populace fully adopt radical anarchist sloganeering, but my actual self was aghast. I couldn't believe these people were speaking literally (yep!) or whether they somehow discovered the elusive magic elixir that transformed police abolition into a viable policy proposal (nope!). I'm someone who was and remains a full supporter of BLM's policy proposals, and I even defended burning down a police precinct building in Minneapolis for fuck's sake, and yet I didn't join the defund chorus.

Still, there's a noticeable bend to some of my writing from that time where I consciously mirrored some of the language du jour --- such as making a bog standard argument against mass incarceration while aping abolition language, or responding to a DTP conversation by discussing police overcompensation. I haven't changed my mind about anything I wrote there, but nevertheless it's fair to accuse me of indirectly "sanewashing" the DTP issue. I took my boring, wonky arguments and adorned them with the faintest slogan perfume. This let me carry my hobbyhorses on the attention wave, but it also contributed to rehabilitating (however slightly) the totally crazy slogan position.

Now What?

I know it sounds crazy, but I think effective law enforcement is a vital component of any well-functioning society. Tons of cops are perfectly decent people who try to do the best they can at a difficult and unenviable job. There are bad people out there who can be prevented from doing bad things only when they are physically restrained with chains and metal bars. Unless we develop some revolutionary new technology or fundamentally modify the nature of man, this is the reality we're stuck with. I still firmly believe there are loads of improvements we can make to the policing and incarceration we have, but abolishing it all is a delusional idea untethered from reality. Radical stance, I know.

Regarding the anarchist responses to the topic, the only coherent proposals I've ever encountered are from David Friedman and others on the anarcho-capitalist side (a variant thoroughly detested by left-wing anarchist thinkers who think it's an affront even to consider it "real" anarchism). Friedman's response is essentially a cyberpunk future with competing private companies offering insurance, security, and arbitration in one package. Friedman's proposal is unusually thoughtful and coherent (the bar is low) and yet still remains largely a thought exercise reliant on some generous game theory assumptions. Who knows if it will or can ever work.

In terms of lessons learned, I should first note that introspection of this kind, spanning across such a long time period, will have significant blind spots and would be particularly prone to flattering revisionism. The most obvious mistake I made was in burying those unnerving moments of doubt. Instead of running toward the fire to put it out, I did my best to tell myself there was no fire. I had already arrived at a conclusion in my mind and worked backward to find its support, and I suppressed how little I could actually find. Whether intentionally or not, I fabricated comforting explanations for why my position was right even though I couldn't directly defend it, often citing evidence that was more aspiration than reality. My ideological isolation kept me safe from almost all pushback anyways. And magnifying all of this were the social dynamics that rewarded me for keeping the horse blinders on.

I'm likely overlooking other factors of course, and there's the ever-present, gnawing worry that haunts me, whispering that I might be fundamentally mistaken about something else. Maybe I am, but hopefully I'll be better equipped to unearth it.


[1] This isn't really on point or even about crime, but to give just one example of the "vibe" I encountered from left-wing anarchists, Voltairine de Cleyre in one of her essays makes a very Kulak-esque argument about how to best guarantee freedom of speech:

Anarchism says, Make no laws whatever concerning speech, and speech will be free; so soon as you make a declaration on paper that speech shall be free, you will have a hundred lawyers proving that "freedom does not mean abuse, nor liberty license"; and they will define and define freedom out of existence. Let the guarantee of free speech be in every man's determination to use it, and we shall have no need of paper declarations.

Whatever the outward facade, my position was crumbling behind it. Almost seven years ago I started working as a public defender and was inundated with hundreds of hours of police encounter footage that were completely uneventful; if anyone, it was usually my client who acted like an idiot. I've seen bodycam footage that starts with officers dropping their lunch in the precinct breakroom in order to full-on sprint toward a "shots fired" dispatch call. I've seen dipshits like the woman who attempted to flee a traffic stop while the trooper was desperately reaching for the ignition with his legs dangling out of the open car door. Despite this, the trooper treated her with impeccable professionalism once the situation was stabilized.

I really think people like your former self who have a bit of a cop problem could really stand to do a few ride-alongs and watch a few dozen hours of police footage. As you say, it's really illuminating. American police are overwhelmingly incredibly well-trained, professional, and cordial, even when dealing with jaw-droppingly disrespectful citizens.

Indeed, it's always astonished me just how ill-informed and prejudiced so many otherwise intelligent people seem to be about police. I suspect it's for a few reasons:

  1. Ideological expedience. The Left is primed to hate police because of the race angle, and libertarians are primed to hate police because of a general distrust of state power. Both of these groups are very disproportionately likely to be in a position to influence public perceptions (e.g., academia, journalism, opinion magazines, blogs, etc.)
  2. The availability heuristic. People see the most egregious police abuses/mistakes and have no sense of how astronomically rare those events are. For every iffy police shooting that crosses your radar, tens of thousands of police interactions occur without any violence transpiring whatsoever. The occasional douchebag officer encounter makes the rounds on social media, but the vast majority of officer encounters that are professional and courteous - even in the face of obscenely disrespectful and obnoxious civilians - never get shared.
  3. Osmosis from the general anti-police zeitgeist. Even without ideological bias, it's easy to find oneself assuming that there's a problem if so many people seem to think there is.
  4. Lacking domain-specific knowledge. If you don't understand that police don't have quotas, or that civil asset forfeitures aren't as simple as police being bandits, or that qualified immunity only applies to civil lawsuits and doesn't permit police to engage in criminal acts without being prosecutable, or that police don't "investigate themselves" for wrongdoing, or that they do indeed get more training than hairstylists... well, then you simply don't know. And combined with some of the other numbered items on this list, it's easy for people to lazily round these things off to "yeah, I guess they are probably just rotten about this and that thing".
    • On a related note: most jobs aren't exposed to the public like policing is (and not heightened in exposure for reasons of #1 and #7). Programmers, lab analysts, manufacturers, logisticians, consultants, actuaries, etc., etc. aren't jobs people are in any position to notice or think about or care about. I suspect most people would have similar groan-worthy misunderstandings about most jobs if those jobs were similarly criticized by clueless (and/or dishonest) ideologically motivated actors and trotted out for viral outrage bait.
  5. The sort of people who hang out in the greater rationalist sphere or in highbrow publications probably know fewer police officers in their personal lives and so have few opportunities to ask basic questions, correct misunderstandings, or even just harbor a modicum of charity (especially given the class difference between them and police officers).
  6. Relying on faulty intuitions about how policing ought to be done, especially the use of force. Violence is actually not something most people understand very well. For example:
    • People don't seem to understand that the presence of a gun on an officer's hip completely changes the dynamic of a physical altercation between an officer and a citizen - the officer must interpret active resistance as ultimately a fight for the officer's gun. And the officer absolutely cannot afford to lose that fight, ever.
    • Your hands justifiably scare the shit out of a police officer, because your hands are what is going to kill him. Fishing around for something in your car or your pockets is a potentially life-threatening situation for the officer, and you're doing yourself no favors by raising his alarm like that.
    • An unarmed person does not mean a non-dangerous person. See bullet point #1 above. Also, cars are deadly weapons.
    • Tasers are not a substitute for shooting. Where deadly force is justified, a taser is never an appropriate tool (unless there are other officers providing lethal cover). They are simply not reliable enough.
    • The use of stern language and/or sudden violent physical control (e.g., grappling, tackling) is de-escalation. Failure to rapidly put a belligerent person into handcuffs only increases the likelihood that that that person will obtain a weapon or get into a vehicle and cause further harm to themselves, officers, or others.
    • There is no such thing a shooting someone's legs. First of all, leg shots are often fatal anyway because of the femoral artery. But more importantly, if a situation justifies deadly force, it is imperative to maximize likelihood of neutralizing the threat. That means rapidly putting shots center-mass until the threat ceases.
  7. It is just kinda seen as "cool" and "righteous" to try to notice and stand up to supposed abuses of power. There's no esteem to be had in being perceived as a bootlicker.

Anyway, it truly did make my day to hear that how you (and @Amadan) changed your minds about policing. There are few topics that makes me despair quite like the topic of policing when I see it come up in spaces like this.

I agree with most of your points and would particularly prioritize the availability heuristic. Police encounters are heavily lopsided where the vast majority of people can go through their lives and never have one (aside from maybe the occasional speeding ticket) while a small minority are frequent flyers. There's about 10 million arrests every year in the US, and even news savvy folks would probably be aware of a couple dozen.

I disagree with a lot in point #4. Cops still have quotas, though they get more creative about hiding it. Here's a recent example from this year from Maryland State Police who were expected to conduct at least 100 traffic stops a month. There's also an ongoing scandal in Connecticut State troopers creating thousands of fake traffic stops, although it's not clear if they were motivated by a quota or if they did it to pad out the race statistics of the people they stopped. I don't know what you meant by cops acting like bandits, but the Institute of Justice stays very busy litigating civil forfeiture cases, like this one from Detroit where the cops had a pattern of seizing people's personal cars and keeping it in legal limbo for months. It's true that QI only applies in the civil setting but there remains significant institutional biases against criminally prosecuting any police. You speak of police "investigating themselves" as if it's a myth but barring this trial exception in Washington state, that's how it works everywhere else as far as I'm aware.

Maybe I am misunderstanding what you wrote, but the examples you highlighted don't seem like the best way to make the case that the public has a skewed perspective on how policing is actually conducted (I point I actually agree with).

Part of me is tempted to respond to the individual complaints you cite (e.g., regarding quotas, apparently MSP expected 100 stops per month per trooper. That's 5 per shift. Let me ask you something: how do you think police supervisors should deal with a trooper who, upon review of his shift, has been sitting under an overpass all day making zero stops and playing Angry Birds on his phone?) But I hope you won't begrudge me for instead getting at what I think is the core of the disagreement. Let me explain.

In general, I've never been impressed by examples like what you're citing. Here we have an institution - police departments - who, unlike corporations, churches, NGOs, etc., are public-facing, held accountable by the public, and have a significant degree of open records. Along come actors (people working at leftist/libertarian publications) who are extremely ideologically and professionally motivated to find fault in this institution and its members, whether or not fault exists in general or in any given instance. And they have 18,000 police departments to sift through for ammunition, with all the evil and human failings that go along with the approximately million fallible people in those departments, and little to no motivation to identify innocent explanations or exculpatory context.

Given that background, don't you therefore agree that our baseline expectation should be that there will be virtually endless examples scattered throughout the year, for every year in perpetuity, of something that officers or departments are doing that's shady, abusive, corrupt, or (perhaps more often than not) merely cast in that light when framed a certain way, with certain information omitted, and with the author guiding the reader (who lacks domain-specific knowledge and context) to squint a certain way to see the optical illusion pop out? And, most importantly, would you not agree that the fact that there are perpetually frequent examples should mean virtually nothing for the layman who just wants a general impression of police as an institution or wants to know what to think of his home city's department and its officers?

To put it another way: Wouldn't it be astonishing if there weren't such frequent articles of alleged police misdeeds in these publications, given the trove available to reporters to sift through, the evil and imperfections inherent in any group of a million people, and given the reporters' ideological biases and the eagerness to click on those articles by their readers who share those biases?

Now, it would be very fair for you to point out in response to the above that my reasoning would seem to preclude ever finding widespread fault in any institution. I wouldn't take my reasoning that far, though. Let me use an analogy to help explain how I think about this.

Consider academia. As someone who's been in The Motte for years, I hope my memory is not mistaken when I identify you as someone who, like myself and many people on The Motte, believe that academia is ridden with systemic progressive bias. How do we know that academia is actually systemically biased towards progressives, and that it's not just a bunch of conservatives scouring the thousands of universities in the Western world for isolated examples of bias like I claim that Reason et al are doing with police departments? While there's no slam-dunk proof, I think one major difference comes down to just how blatant, widespread, all-encompassing, top-down, and officially sanctioned the examples are from the firehose we have to draw from. We can see the universities' curriculum, hiring/tenure process (e.g., DEI loyalty oaths), official policies, statements by leadership, actions by strongly adjacent institutions like major academic journals, political donation records, etc., and it all points in the same direction and has a very strong magnitude. If you were parachuted into a few random social science classes for a few hours, you could expect to be positively nauseated by the intensity of the leftist bias.

By contrast, if you watched a random few hours of body cam footage, it seems you agree that you would not be similarly steeped in a display of corruption, abuse, and other malfeasance. And if police misdeeds were higher up the chain than mere body cam footage could reveal, we should expect a putatively widespread problem to be in evidence in vast quantities of large departments, with extensive networks of mutual corruption at the top levels, not these frankly pennyante, chickenshit, and/or extremely isolated examples that Reason et al restock the shelves with every so often. But you know where we can find that? In Latin America and other corrupt countries in the present, and in American departments generations ago when organized crime was a much bigger deal. So we know what to look for. We know how rancid is smells when it's a problem. It's just not there anymore, thank goodness. (Of course, that's not to say that isolated examples of misdeeds shouldn't be remedied, and they usually absolutely are. It's just that those examples should be be given approximately zero weight to someone trying to form an understanding of what a given police officer or department is like.)

e.g., regarding quotas, apparently MSP expected 100 stops per month per trooper. That's 5 per shift. Let me ask you something: how do you think police supervisors should deal with a trooper who, upon review of his shift, has been sitting under an overpass all day making zero stops and playing Angry Birds on his phone?

By disciplining him for not working during his shift, which has nothing to do with the number of stops and everything to do with him ditching work to play games on his phone.

You might object that measuring this is unreasonably hard and that measuring stops is a reasonable proxy to check for that. I disagree.

You can check electronic surveillance, which many police departments are already moving to for other reasons. Body cameras, car cameras, and car GPS systems are a lot more common and any one of these should make it trivial to check if a police officer is doing nothing all day.

If for whatever reason you don't think these tools are sufficient to identify police abandoning their jobs, there's another option that works for any job where workers have overlapping skill sets. You can switch up who does what work. Put the officer who think isn't working on a route where you know other officers regularly make many stops. Rotate a few officers who you know do good work to cover his route. If the pattern of few stops follows the officer who you're suspicious of, that's good evidence that he's not doing his job well enough.