I recently had a conversation with someone who seemed entirely motivated by kindness and also entirely, dangerously wrong.

The subject was prisons, and more specifically the treatment of prisoners:

Steven Hayes, who was convicted of a deadly 2007 home invasion in Connecticut that was so brutal it gained international attention, is receiving hormone therapy in prison as part of a gender transition https://t.co/jaDpU5UQEp — The New York Times (@nytimes) November 1, 2019

You’ve probably noticed that I’ve read a few books on prisons, crime, and legal systems. My opinion of the American legal system is that it is kind of terrifying; it usually catches the right person, but not always; unscrupulous people absolutely can use it to destroy your life.

Prisoners can be divided into roughly three groups:

People who shouldn’t be there (innocent, or their sentences are absurd for their crimes) People who should be there, but feel genuine remorse Criminal psychopaths

Some prisoners shouldn’t be there at all, some should be treated better than they currently are and given more support for reintegration to the non-prison world, and some should be tortured to death.

Over in real life, I try hard to be kind to others. I hand out cookies and hot cider on cold days to the neighborhood kids, volunteer with the homeless, and feel bad about eating animals.

But kindness requires… policing. Children cannot play on the playground if it’s full of homeless druggies. Homeless shelters cannot help if they are full of strung-out druggies, either. Even eating “free range” chickens requires that farmers raising chickens in batteries be prevented from slapping a fraudulent “free range” sticker on their meat.

Kindness alone is insufficient for creating a “kind” world. Many people are not nice people and will take advantage of or harm others if given the chance. Being “kind” to such people simply allows them to harm others.

My interlocutor in the conversation about the “trans” inmate basically argued that taxpayers should fund cross-sex hormone therapy for a man who raped/tortured/murdered a family (raped and murdered their kid, too), because it is medical care that prevents pain and suffering.

This argument is flawed on two grounds. The first is obvious: the entire point of prisons is to cause suffering. Prison isn’t fun; if it were fun, people would want to be there. Prison has to be unpleasant in order to function as any sort of deterrent, and we do actually want to deter people from committing crime. (In this case, the fellow should suffer to death, but that’s irrelevant, since the death penalty isn’t on the table in Connecticut.)

This doesn’t mean that I want to torture all of the prisoners–see above–but that doesn’t change the fundamental fact that punishment is an part of what prisons are for.

The second flaw is the matter of obligation. We may not wish to cause further harm to an inmate–having determined that prison is sufficient already–but that does not obligate us to relieve suffering that we didn’t cause in the first place.

This is a very common conversation in the car: “Mom! I forgot my toy! We have to go back!”

“I’m sorry, but we don’t have time to go back. You had half an hour to get ready, so you had plenty of time to get Mr. Fuzzy before we left. Hopefully you’ll plan ahead better next time.”

Yes, kiddo is going to cry, but he’s old enough to remember Mr. Fuzzy; it’s not everyone else in the car’s job to fix his mistake.

The fact that someone wants to undergo a sex change does not mean they need to; they may be unhappy because they cannot, but there are 2.3 million other people in prison who are also unhappy because there are things they cannot do. There are people who will never attend their children’s birthday parties; men whose wives will leave them; women whose sick and aging parents will die without saying good-bye.

Life is filled with tragedies; there is nothing special about wanting to be a girl that it sets it above the others and obligates tax payers to pay for it.

I am fine with paying for actual life-saving medical care, up to a point–diabetics in prison shouldn’t be denied insulin, for example. But wanting to be a girl is not an emergency. It’s a luxury, and once you’ve torture murdered a few people, you don’t get luxuries anymore.

To this is replied that I am, in some way, denying the inmate’s humanity, or perhaps drawing lines in the sand that could get shifted in difficult cases to cause harm to someone I do not want harmed, etc. The idea that we should not decide a trivially easy case because someday a more difficult case may come along is obvious nonsense, and “humanity” in this context is meaningless. I wouldn’t torture a dog, even though they aren’t human. I think it is immoral to kill or mistreat great apes, elephants, and dolphins.

Dolphins don’t torture humans to death.

If we are going to remember that someone is a human, we should remember his victims. They were humans; he is merely a member of Homo sapiens, a distinction he neither earned nor made meaningful.

There are several sleights of hand, here. The first is the exchange of causing harm and preventing harm. We may have an obligation not to cause harm, but we lack one to prevent harm. The second is the classification of sex hormones as necessary medical care. It is not; no one dies from not undergoing HRT. The third was characterizing a denial of medical care as a human rights violation. Human rights, you know, the things the UN decided were important after the Holocaust.

Put these three sleights together, and wanting to spend my money on my own children instead of on sex hormones for a murderer is equivalent to shoveling people into ovens.

I don’t think most of these sleights my interlocutor made were intentional–rather, I think she (or he) is a very kind person who has been effectively deceived by others who prey on her niceness.

Step one in fixing this sort of problem is to realize that kindness cannot exist in a vacuum: predators have to be stopped or children will be murdered, and we do this via coercion, which is, yes, painful. Step two is realizing that money (and resources) is limited, and that spending it on one thing requires not spending it on something else. Once we realize that, we have a quick and easy morality test: would sane people take money from their children in order to spend it on this?

In this case, normal people find the idea abhorrent: no loving parent would deprive their children in order to provide a murderer with luxuries.

If your “kindness” leads to acting abhorrently, it isn’t really kindness.