Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Lee on Lifecycles and the Firm

    • Car accident claim lawyers on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Andrew MacKie-Mason on Can't the Supreme Court Just Say No to Cameras?

    • Joe on Employment Division v. Smith is Wrong

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Joe on Employment Division v. Smith is Wrong

    • Joe on Super En Banc in the Ninth Circuit

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • G. Calamita on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Joe on Super En Banc in the Ninth Circuit

    • Howard Wasserman on Can't the Supreme Court Just Say No to Cameras?

    • Gerard Magliocca on Super En Banc in the Ninth Circuit

    • Mike on Super En Banc in the Ninth Circuit

    • Ben on Lifecycles and the Firm

    • Samir Chopra on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Debate as Debate, part 2 (or 3): What is the Point of the Exercise?

posted by Neil Buchanan

After the first presidential debate late last month, I posted some comments about the event from my perspective as a former academic debater and coach/advisor. Similarly, I later posted some reactions to the vice presidential debate. The short version of my take on those debates is that Obama clearly won his debate, but paradoxically not by as much as he would have if his opponent were not such an insistently inept debater; and Biden won his debate by successfully transcending his opponent’s inability to offer a coherent argument.

In making these assessments, I deliberately set aside the criteria on which the pundits usually proclaim winners and losers in such debates: who had the best zinger or the most memorable line, who performed better than or worse than they were expected to perform (by whom?), and so on. My purpose was to answer a question that I have often heard people ask in this and other election years: Viewed solely as a debate, who won?


When I did not post any comments on the second presidential debate (which was held this past Tuesday evening), several people contacted me and asked that I offer similar commentary on that debate at some point before the final debate this coming Wednesday. I am happy to do so; but I should note that the reason I did not post comments immediately afterward was that there seemed to be very little new to say about that debate (in which so little new was said). Indeed, I am beginning to wonder what the point of such debates could be, given that they can seem so unproductive and vapid. I will return to that question after a quick assessment of the second debate itself.

First, it has to be said that the format of the second debate was unhelpful (and that’s putting it gently). The debate was in a so-called “town hall” style. If anything, this format makes it even less likely that the candidates will engage with each other on the issues, mostly because they seem to be so busy trying to flatter the voter/questioner — which, among other things, prevents the candidate from challenging the premises or importance of a question. Given that I have always given minimal credit for style and maximum credit for clash on the issues, this format was all but guaranteed to make this debate worse in my assessment for both candidates than the first one. (I am not, of course, completely impervious to differences in debaters’ styles. For example, McCain’s occasional tendency to speak in breathy, dramatic tones was new to this debate and more than a bit off-putting.)

On the merits, the second debate went pretty much the way of the first debate. Perhaps the major differences were that Sen. McCain reduced (but certainly did not eliminate) the number of times that he made simple assertions (“I know how to ___”) in place of arguments, and Sen. Obama seemed to have made a strategic decision not to try to untangle McCain’s description of the issues as much as he did in the first debate. Thus, this debate looked much more like alternating stump speeches than the last one did. There were still sharp exchanges in which Obama debated and McCain merely repeated (especially regarding the questions on Pakistan and health care), making Obama clearly the better debater. There was not, however, nearly as much direct exchange of arguments as there had been in the earlier debate.

Sen. McCain had one particularly good moment, which was when he forthrightly refused to answer a yes-or-no question and explained why he would not do so. Question: “This requires only a yes or a no. Ronald Reagan famously said that the Soviet Union was the evil empire. Do you think that Russia under Vladimir Putin is an evil empire?” McCain’s response included this: “If I say yes, then that means that we’re reigniting the old Cold War. If I say no, it ignores their behavior.” This was a very effective way to expose the inanity of the question.

On the other hand, McCain continued to insist that Obama “fails to admit that he was wrong about Iraq.” Sen. Obama, of course, does not believe that he was wrong about Iraq, which means that when Obama tries to explain his position on Iraq, he “fails to admit” what he believes to be false. It’s an old rhetorical trick, and it can be applied to anything. “Sen. McCain has never admitted that his image as a maverick has long since gone stale and has no current basis in fact.” Build an assertion into the premise of the question, and then watch the other guy struggle to disentangle the assertion from the actual question. Obama did not take the bait.

The only other noteworthy aspect of this debate is McCain’s attempts at quasi-heckling. Having asserted that Obama would impose fines on companies and parents who failed to buy health insurance, he then predicted that his opponent would not tell the audience how big the fine would be. After Obama responded by describing his health plan in a way that McCain did not like, McCain interrupted the moderator and said: “I don’t believe that — did we hear the size of the fine?”

Similarly, Obama at one point (mixing “wet behind the ears” and “green” as metaphors for inexperience) said: “Now, Senator McCain suggests that somehow, you know, I’m green behind the ears and, you know, I’m just spouting off, and he’s somber and responsible.” McCain jumped in with: “Thank you very much,” and laughed. The effectiveness of this sort of thing is, of course, largely in the eye of the beholder; but it certainly struck me as odd for McCain to be acting frivolous and irresponsible while claiming to be somber and responsible. It was especially surprising that Sen. McCain thought these one-liners were even worth launching, given his need to come across as less volatile and more grounded in these debates than he has recently.

As I noted above, the lack of news in the second presidential debate left me wondering whether there is even a point in holding these events (whether or not we continue to mislabel them as debates). On The Daily Show with Jon Stewart, the correspondent John Oliver offered a brilliant critique of the debates as being nothing more than people sitting around waiting for a candidate to commit a gaffe. That certainly seems more accurate than viewing the debates as clashes of ideas.

Still, the reason that I was involved in competitive debate for so many years was that even stilted exchanges offer opportunities to see whether debaters can think on their feet, respond directly to questions and challenges, and point out when someone else’s arguments simply miss the point. Those skills are valuable in any position where difficult decisions must be made about complex issues. This is not by any means the only basis upon which to choose a president, but it at least will bring me to my TV set this coming Wednesday evening to watch the final debate.

At this point, viewed as debates, Obama and Biden have a total of three wins under their belts.


 October 12, 2008 at 1:12 pm   Posted in: Uncategorized   Print This Post Print This Post

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress