The Volokh Conspiracy

Hypothetical Hypocrisy:

I think people are often too quick to charge others with hypocrisy; a lot of the "He said A here, but did B there" is explicable by some quite sensible distinctions between A and B. But I'm especially bugged by overconfident claims of hypocrisy -- "He said A, but I'm positive he would have done B there had the situation only happened." This is especially so when the claims name some particular person. If you're going to accuse someone of being a hypocrite, it seems to me that you ought to have pretty solid foundations for your accusation. Your guess as to how the person would have reacted in a hypothetical situation will only rarely qualify.

A concrete example: My post about the Halloweengate press release drew this comment:

By the way, I wonder how many people (ahem--Instapundit) would have taken the exact opposite stance on this issue if this had come out first.

A request for some clarification yielded this from the same commenter:

As we discussed in the prior thread, there is no obvious political valance or statement involved in this costume. So, I think what likely would have happened is that people who were looking for an excuse to bash an Ivy League university president would have become outraged at her taking offense and issuing a statement about it.

In fact, here was Instapundit's last line of his last update:

"I remain skeptical that a Klansman costume would be received in the same fashion, or that an Ivy League university President would be comfortable being photographed with someone wearing a Klan costume."

What I think we would have been reading instead is something like:

"I remain skeptical that a Fidel Castro costume would be received in the same fashion, or that an Ivy League university President would be uncomfortable being photographed with someone wearing a Castro costume."

OK, is there any real justification for assuming that Glenn Reynolds would have "taken the exact opposite stance on th[e] issue" if the press release had come out first, by "becom[ing] outraged at her taking offense and issuing a statement about it"? Is Reynolds noteworthy for thinking in other contexts that suicide bomber costumes are great, and that it's outrageous for university presidents to take offense at them? Is there any real support for the suggestion that Reynolds would have behaved this way?

And this isn't just this comment; I see it all the time, about what the ACLU or the Left or the Right or who knows who would surely have done in some hypothetical scenario. These people or groups are apparently so bad that we can accuse them of likely inconsistency even without their having actually done half of the internally inconsistent pair.

In rare circumstances, the targeted person is indeed so predictable that such a prediction is likely right. But my sense is that much of the time (including here) this just isn't so. The claims of hypothetical hypocrisy are based simply on the claimant's hostility to the target, rather than on any real evidence that the target would have indeed acted the way claimant alleges. It's basically argument by a presumption of bad faith -- not, in my view, the most enlightening form of discourse.

donaldk2 (mail):
I see quite a lot of this here. Just a form of venting. For me it's a signal to skip to the next comment.
11.3.2006 4:14pm
AF:
The irony, of course, is that Glenn Reynolds did to Amy Guttmann precisely what the commenter did to him. How does he know she wouldn't have posed with someone dressed up as a Klansman?
11.3.2006 4:20pm
guy in the veal calf office (mail) (www):
Careful AF, or we may soon see a post on accurate use of "irony"
11.3.2006 4:26pm
John McG (mail) (www):
I think it's probably more valid to invite readers to imagine how the target would respond to a differnt set of circumstances than to assert what that response would be. The reader is invited to engage his knowledge of the subject to determine whether she is acting on principle or for a certain result.

As AF pointed out, this is exactly the argument InstaPundit made himself.
11.3.2006 4:42pm
HeScreams (mail):
This seems like the public discourse version of the situation where your significant other imagines that you would find a certian person attractive, and then gets mad at you for it, even if you've never laid eyes on the attractive person in question.

Okay, so this has never happened to me, and seems to happen only on TV. But the situations seemed analogous to me. Or would have been analogous if the second situation had ever really happened.
11.3.2006 4:45pm
RMCACE (mail):
I think you may have missed the rhetorical usefulness of this type of argument. The purpose of offering the hypothetical may not have been to "be sure" what the actor would have done in the imaginary situation. It may have been to force the actor into a type of Hobson's choice in the hypothetical.

Asking if the University President would have posed with a KKK costumed party-goer forces such a choice. A KKK costume would be horribly offensive to many, therefore, it would be wring for the Univerity President to give it her endorsement. It would be hypocritical, however, for the University President to refuse such a picture when she has already been photographed with a suicide bomber, something also offensive to many. The person making the argument does not care which she chooses. The University President is either a "hypotherical hypocrite" or a "hypothetical endorser of the KKK." Either one is wrong.

The argument breaks down like this.

A did X action. X action is similar to Y action. Y action is clearly morally or legally wrong. If A was presented with a choice either to do Y action or to refuse to do Y action A is either 1 - a hypocrite (refusal to do Y) or 2 - clearly morally or legally wrong (doing Y action). If being a hypocrite is a wrong in itself, A's original actionw as wrong because it created a scenario where any future decision by Y is to be wrong.

I am not saying I agree with the argument, but I think you missed its rhetorical value. The forecast of the University President's action is irrelevant to the argument.
11.3.2006 4:55pm
Sasha Volokh (mail) (www):
RMCACE - What you describe is a perfectly valid line of argument: "A was wrong by doing X because X is relevantly similar to Y and Y is wrong." The invalidity isn't in that, but in calling A hypocritical.

You can be wrong in many ways -- for instance, you might wrongly believe Y is right; you might wrongly dispute the similarity of X with Y; you might have done X accidentally. None of that involves hypocrisy.

To validly making a claim of wrongness into a claim of hypocrisy means, you have to show "A was wrong by doing X because A chose X deliberately, A recognizes that X is relevantly similar to Y (or should recognize it because the similarity is obvious), and A recognizes that Y is wrong."

If you skip some of those steps, for instance if you have no evidence that A recognizes that Y is wrong (suppose the university president would have posed with anyone), or if A might think X is distinguishable from Y in some way, then the claim of hypocrisy is invalid, and you have to stick to your claim of mere wrongness.

By the way, I think you recognize this because you said A is either (1) a hypocrite or (2) clearly morally or legally wrong. So hypocrisy is only one of (at least) two possibilities. (Another one is, for instance, "arguably wrong," depending how clear-cut the similarity between X and Y is, or how deliberate her posing was.) I'd rather be called wrong than a hypocrite any day. So I do insist that people find the smoking gun before calling me, or someone else, a hypocrite.
11.3.2006 5:35pm
lucia (mail) (www):
RMCACE. Interesting theory about the Hobson's choice. Of course, it turns out this strategy rarely forces such a choice. To gain that rhetorical advantage "the actor" must be asked the question and the person being asked must be forced to answer "Yes" or "No" and both those answers need to be embarrassing.

In the case of Amy Guttman, I think her answer seems to be: "I didn't really pay attention to his costume. The moment I realized what it was, I refused to appear in any more pictures. So, no, I wouldn't knowingly pose with the Nazi."

Sounds like she avoided that Hobson's choice!
11.3.2006 5:40pm
Harry Eagar (mail):
I've no opinion about Reynolds, since I haven't followed this little blogosphere storm, but didn't VC just have a thread about what, if anything, we can assume Lutherans believe and disbelieve?

I thought the majority view there was that you can't trust Lutherans to do what Lutheran doctrine says they should do.

No kiddin'.

In many cases -- again, don't know about Professor Reynolds -- I can accurately predict how certain opinionated people will hypocritically embrace or ignore X because it doesn't suit them. Tim Blair makes his living doing this. I could, too, but I already have a job.
11.3.2006 5:58pm
byomtov (mail):
AF,

Good catch on Reynolds.
11.3.2006 6:06pm
Kim Scarborough (mail) (www):
I wish I could find it now, but I defended Eugene one time from a kneejerk hypocrisy charge on some blog... Eugene was criticizing somebody on the left for hyperbole and this commenter said something like "I note you never see Volokh criticize somebody like Ann Coulter for the same thing..." which was such a perfect opening for me to post this link and really make a fool out of him.
11.3.2006 6:38pm
Sasha Volokh (mail) (www):
Harry Eagar: In this hypocrisy discussion, it's important that the rule be about hypocrisy, not just any old inconsistency or tension in beliefs. The reason the stakes for hypocrisy should be high is that hypocrisy is a serious charge, since it aims to undermine someone's moral credibility. In real life, of course, we often guess at what people would do in alternative situations, and that's O.K.

For Lutherans, the point was that Lutherans don't believe everything from Lutheran doctrine, and that's good. Perhaps the Lutherans at issue are just being inconsistent (you say you're Lutheran, but you don't believe this Lutheran thing) but that's O.K. Perhaps (this is my view) the Lutherans aren't even being inconsistent because it's a fallacy to assume that "being a Lutheran" is identical to "believing Lutheran doctrine."

In any case, the point was to defend Lutherans from the charge that they believe unsympathetic things from Lutheran doctrine.

But if something serious were riding on this in the other direction -- for instance, if someone was running for some high Lutheran theological office, where inconsistency with doctrine would be disqualifying -- then I would change my tune completely, and insist how it's totally unfair to presume that a particular Lutheran disbelieves some portion of the doctrine.
11.3.2006 7:04pm
Steve P. (mail):
Great comments, Sasha. As an aside, following Kim's link above made me appreciate Eugene's decision to open up comments. This discussion about hypocrisy makes me wonder if commenters would think that Mark Foley (or, indeed, other conservative closeted lawmakers) is not necessarily a hypocrite. After all, if we're using a strict veiw of hypocrisy (as we should, it's quite the pejorative), being gay is not necessarily mutually exclusive with supporting gay marriage. In other words, might he be a slimeball, but not a hypocrite?
11.3.2006 7:23pm
anonVCfan:
I think the "presumption of bad faith" is just people venting their cynicism.

When people claim offense on supposedly politically-neutral grounds, but experience shows that the person's pattern of taking offense correlates more closely with politics than with the person's purported principle, I don't fault people for being cynical.

It could be that the political correlation is something of a coincidence (e.g. most suppression of speech on college campuses these days comes from the left, so someone who takes offense at this sort of thing may be honest and not just a knee-jerk righty), but I'm not too bothered by this presumption of bad faith.

Some people manage to disprove the presumption (e.g. many of the bloggers here, imo) through intelligent discourse, but let's face it, there are a lot of reactionary bloggers out there.
11.3.2006 7:35pm
anonVCfan:
An example that comes to mind is Bush v. Gore. If you ask people who "won the election, fair and square," in my experience, people's answers correlate precisely with who they voted for. I have yet to meet a single person (I'm not exaggerating--it really hasn't happened yet) who says either "I voted for Bush, but Al Gore won the popular vote and the Supreme Court stole this one," or "I voted for Gore, but the popular vote thing is irrelevant and doesn't account for absentee ballots, and the Supreme Court got it right."

Whither the good faith?
11.3.2006 7:38pm
Bob from Tenn (mail):
The good prof catches me out on this one: I know I am often guilty of at least thinking like this, if not actually stating it. But, in mitigation and extenuation, does not a person's or group's track record merit projection of probable response to future situations? (Even though "past performance is not a guarantee of future performance," it is certainly the best indicator we have, isn't it?
11.3.2006 7:54pm
David M. Nieporent (www):
[quote]RMCACE - What you describe is a perfectly valid line of argument: "A was wrong by doing X because X is relevantly similar to Y and Y is wrong." The invalidity isn't in that, but in calling A hypocritical. [/quote]I've ranted about charges of hypothetical hypocrisy on my blog as well, but there's another equally important problem with the use of the charge of hypocrisy. That is, people work backwards:

A said X. But A is a hypocrite, because even though he says X, he sometimes does Not X. Therefore, X is wrong.

Whether someone is a hypocrite is purely a personal failing; it has no bearing on whether the position that person takes is right or wrong. This is obvious in the abstract, but when people get into discussion of specific issues, they often forget this. They act as if showing inconsistency is sufficient to discredit the position they happen to disagree with.

And it gets infinitely worse when the hypocrisy is hypothetical. "I guess that so-and-so wouldn't always uphold this principle; therefore, we know this principle is invalid."
11.4.2006 3:32am
Sam Heldman (mail):
Very nice philosophical discussion, but the point remains that Reynolds really is that predictable. He unfailingly uses whatever rhetoric he can make up, to slam "liberals" from his pseudo-libertarian perspective.
11.4.2006 6:43am
Chumund:
First, I feel honored to be called out in this fashion.

Anyway, I more or less stand by my suggestion, although obviously I couldn't indict Instapundit for actual hypocrisy in this case. Indeed, hypocrisy was not my point--my point was that I do indeed think Instapundit was simply looking for an excuse to bash an Ivy League university president.

The primary basis I would cite is the back-and-forth between Instapundit and Professor Volokh on this issue, after which I concluded that Instapundit did not have a consistent underlying reason for objecting to this episode, and in which he ultimately just rested on his supposed intuitions about Ivy League university presidents. I also would note that I think this fits a general pattern with Instapundit.

And indeed, I suppose one could suggest I was treating Instapundit in the same "hostile" way Instapundit was treating Ivy League university presidents. But at least I grounded my opinion in what Instapundit actually said on this issue.

To summarize, again, I'm not accusing Instapundit of actual hypocrisy. Rather, I am accusing Instapundit of acting out of a desire to bash the Ivy League and its presidents.
11.4.2006 9:31am
Chumund:
Oh, and the purpose of my hypothetical statement was not to predict what Instapundit would actually have said with any precision. Rather, I was just trying to point out how easy it would be to use the same form of argument in the other direction. So, the actual statement seems to be assuming that an Ivy League president would act differently if her liberal biases were triggered by a costume involving race. My hypothetical was intended to show how one could similarly assume that an Ivy League president would act different if her liberal biases were triggered by a costume involving communism.

This actually isn't a suggestion of hypocrisy, since I am attributing a consistent view to Instapundit (that Ivy League presidents are simply driven by liberal biases). Rather, it is a suggestion of triviality (that Instapundit's objection amounts to no more than a statement that Ivy League presidents are biased liberals).

Finally, I just wanted to post here Professor Volokh's request for clarification, so people can see to what I was responding:

"Chumund: If what had come out first? The press release? If you're saying that people would have been calmer had the President's denunciation come out first (not that I think any such denunciation is necessary), then of course that's true; but that's perfectly fine. Or are you saying something else? What stance are you alleging they would have taken if what had happened?"

So, I was trying to answer Professor Volokh's question in an informative way, although I gather in his view I should have refused to do so.
11.4.2006 10:03am
luagha:
Aside from any other considerations, it's generally unwise to carry realistic looking - and by that I mean dark black and wood-colored plastic - toy guns in the dark. They can be easily mistaken for real guns by people who have to make split-second decisions, especially on crime-ridden drunken dangerous days like Halloween.

I think using a brightly-colored Supersoaker as his 'gun' might have changed the character of his suicide-jihadi costume some.
11.4.2006 10:18am
CJColucci:
I've grumbled about about "hypothetical hypocrisy" charges -- even using the very same phrase -- for many years. If I knew how to search for them, I could find past blog comments, possibly some of them here, on precisely the same point. Here in New York is an annoying fellow who, when he slams some television show or art exhibit or what have you as anti-Catholic (about which he may even be right), invariably claims that persons who don't join him in denouncing it, or demanding that it be closed or suppressed, would surely do so if it were anti-Semitic or anti-black. Since he never makes quite clear who he means (though it is often obviously the ACLU or someone else prominently associated with free expression -- and often, perhaps not coincidentally, Jewish), it is a bit harder to respond (after all, some people ARE hypocrites and he MIGHT mean them), but it is the same thing.
11.4.2006 11:20am
Hamilton Lovecraft (mail):
It's basically argument by a presumption of bad faith -- not, in my view, the most enlightening form of discourse.

How many times do we have to observe Glenn Reynolds acting in bad faith before it's okay for us to presume it?
11.4.2006 11:39am
Sasha Volokh (mail) (www):
Hamilton Lovecraft: It's not that hard to rebut a presumption of good faith: just observe bad faith a couple of times. Getting a presumption of bad faith is a bit harder because it requires observing somewhat more bad faith than in the previous case.

But to those of us who haven't seen the evidence, a presumption of good faith is proper. So if you use your own presumptions in a public argument, you need to document the past instances of bad faith if you want to convince us that you're not being unfair (or, better yet, if you want to convince us that you're right).

I honestly don't know what Glenn has done in the past -- I'm not a regular InstaPundit reader -- so you need to show me the money. Then we can judge whether this is true hypocrisy, or whether there are plausible distinctions that can be drawn, etc. This requires some research, which is why many people don't bother to do it, and why I then discount their views.
11.4.2006 12:11pm
Chumund:
I want to make clear that I don't think my comment depended on some generic "presumption of bad faith". Rather, I primarily based my comment on what Instapundit actually wrote in his dialogue with Professor Volokh.
11.4.2006 12:29pm
JerryW (mail):
Minor pet peeve. Several commenters have described a "Hobson's Choice" as having 2 equally undesirable options. In reality a real Hobson's choice is no option at all. Hobson ran a stable and if you wanted to rent a horse you had to take the very next one available. You had no choice. Of course the 2 undesirable option distinction has become the commonly used one in the US.

BTW, Pet Peeve #2. Ugly American. In Lederer's book he was the hero. He was kind, helpful and a credit to our country. But he was physically unattractive, hence ugly.
11.4.2006 12:39pm
lucia (mail) (www):
anonVCfan said: I have yet to meet a single person (I'm not exaggerating--it really hasn't happened yet) who says either "I voted for Bush, but Al Gore won the popular vote and the Supreme Court stole this one," or "I voted for Gore, but the popular vote thing is irrelevant and doesn't account for absentee ballots, and the Supreme Court got it right."


I've met two such people. My father and big sister voted for Gore in that race; both think Bush won fair and square.
11.4.2006 1:25pm
lucia (mail) (www):
While putting laundry in the dryer, this question came to me:

"And what of people who prove someone is high-minded or wonderful by suggesting hypothetical good behavior?"

As it, "We should admire 'wonderful person X' because put in that condition of grinding poverty, they would never have stooped to a) prostitution b) taking a bribe c) theft or d) doing whatever bad thing 'horrible person Y' actually did."
11.4.2006 1:37pm
Ken Arromdee:
To validly making a claim of wrongness into a claim of hypocrisy means, you have to show "A was wrong by doing X because A chose X deliberately, A recognizes that X is relevantly similar to Y (or should recognize it because the similarity is obvious), and A recognizes that Y is wrong."

In a sense that's true, but it doesn't make much difference. There are actually three possibilities, not two.

1) A doesn't recognize that Y (something obviously wrong) is wrong
2) A does recognize that Y is wrong, and A would be a hypocrite for supporting X and opposing Y
*or*
3) A does recognize that Y is wrong, and is ignorant of the similarity to X in such a way that excuses him from hypocrisy--but then opens him up to criticism for being unable to notice the similarity.

In all three cases, A is criticized.
11.4.2006 7:36pm
Sasha Volokh (mail) (www):
Right, A is criticized. This isn't an argument for not criticizing A -- it's an argument against throwing the charge of hypocrisy around. Hypocrisy is a serious charge, often more serious than merely being wrong.
11.4.2006 9:02pm
Sasha Volokh (mail) (www):
Oh, and I would add, as to why it makes a difference: A charge of hypocrisy is not only bad for the person being charged. If the charge is false in the sloppy way Eugene and I have described, it's also bad for the person doing the charging, because it shows that he's either too willing to assume bad faith or unable to see the valid reasons for treating the two apparently similar cases differently.
11.4.2006 9:04pm
Chumund:
In light of Sasha's latest comment, I want to note once again that my point was not actually to claim that Instapundit was a hypocrite, and I also think it is inaccurate to suggest that I was assuming or presuming bad faith (again, my conclusions were primarily based on what Instapundit actually said).

Of course, maybe Sasha is speaking hypothetically, but he referred back to Professor Volokh, and Professor Volokh in turn referred to my comments. And as Sasha is also suggesting that the argument he has in mind reflects poorly on the person making the argument, I do think it is in my interest to explain, yet again, how Professor Volokh has miscontrued my argument.
11.5.2006 1:41am
AF:
Sasha, I disagree with your definition of hypocrisy. Someone can be hypocritical without recognizing it. The question isn't whether "A" recognizes his hypocrisy, but whether his positions are objectively hypocritical.
11.5.2006 10:00am
Sasha Volokh (mail) (www):
I just want to make clear that I have no opinion on Chumund's comments. Whatever Eugene was referring to in his post, I am only talking generally.
11.5.2006 10:15am
Sasha Volokh (mail) (www):
On unintentional hypocrisy: I like m-w.com's definition: "a feigning to be what one is not or to believe what one does not; especially : the false assumption of an appearance of virtue or religion." Or from the American Heritage Dictionary: "The practice of professing beliefs, feelings, or virtues that one does not hold or possess; falseness." Or, from Wikipedia: "Hypocrisy is a metal band from Sweden."

I prefer these because we all do things that are arguably inconsistent sometimes. If it's pointed out to us, sometimes we change our ways because we recognize the inconsistency and recognize that it's bad; sometimes we recognize the inconsistency but live with it; sometimes we reject the claim of inconsistency because we can distinguish the cases. Inconsistency based on a mistake that we'd correct if pointed out is just an innocent mistake, not hypocrisy.

To me, hypocrisy is about motivations. If I truly believe that two cases are distinguishable and act accordingly, then it's wrong to call me hypocritical. At most, I'm wrong to distinguish two cases that are in fact similar. So there's no such thing as "objective hypocrisy."
11.5.2006 10:22am
AF:
Even if hypocrisy is "feigning a virtue one does not possess," the question is still whether the person actualy possesses the virtue he feigns, not whether he thinks he does.
11.5.2006 10:43am
Hamilton Lovecraft (mail):
I honestly don't know what Glenn has done in the past -- I'm not a regular InstaPundit reader -- so you need to show me the money.

A few minutes skimming through what turns up when you google for Glenn Reynolds wanker should give you a rough idea of Instapundit's MO. Of course, you might be inclined to discount the opinions of people who describe Reynolds as a wanker.
11.5.2006 2:52pm