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When We Forget Our Dignity

Young person sitting on cement wearing a mask and holding a sign, turned away from camera. More people also sitting and holding signs are visible in the background.

The death of George Floyd should not have happened. An independent autopsy requested by the family concluded that Floyd died of asphyxiation from sustained pressure, disputing the Hennepin County medical examiner’s conclusion that he died from the combined effects of being restrained, underlying conditions, and possible intoxication. Based on footage now widely circulated, it is clear that Derek Chauvin unnecessarily knelt on the neck of a nonviolent offender who used a counterfeit $20 bill at a convenience store. According to the criminal complaint against Chauvin, the sustained pressure continued for 3 minutes after Floyd stopped moving and 2 minutes after another officer failed to find a pulse. 

Chauvin has been arrested and was charged with 3rd-degree murder and 2nd-degree manslaughter, which has now been elevated to 2nd-degree murder. Protests ensued soon after Floyd’s death, engulfing many American cities. Many protesters are not simply mourning the wrongful death of George Floyd but are also targeting their demonstrations against the systemic racial injustice that permits regular police brutality against people of color

The protests are not necessarily about Floyd’s killing in particular, but about the savagery and carnage that his death represents,” Charles M. Blow writes. “It is an anger over feeling powerless, stalked and hunted, degraded and dehumanized.”

This anger over this degradation and dehumanization has manifested in peaceful protests, destructive riots, and reciprocal violence. As a video revealed Derek Chauvin’s neglect for Floyd’s pleas for air and his sustained pressure on the unconscious man, other disturbing clips posted on social media reveal violence by police against demonstrators and by demonstrators against other civilians and police officers. Viral clips are prone to misinterpretation because they exclude proper context and limit the complexity that often accompanies the captured event. Opinions can be formed on erroneous or partial recording of events. Even so, one thing is clear: the violence captured by these videos display violations of human dignity. 

Such an observation may seem so banal, so obvious that it is not worth even mentioning. But at a moment when protesters are lashing out against racial injustice and violence is increasingly justified as an appropriate response, the assumption of human dignity is no longer obvious. Therefore, it is worth contemplating what respect for human dignity entails, how it is violated, and how it can be protected.

Human dignity is defined as “the recognition that human beings possess a special value intrinsic to their humanity and as such are worthy of respect simply because they are human beings.” It is thought to be inherent, indivisible, and inviolable. The dignity of each human being is a basic foundation of Christian social thinking and enjoys broad consensus in many cultures and philosophical traditions. While the term “dignity” as used is thought to be a product of the Enlightenment, the notion the term conveys predates the Enlightenment by many centuries. Other philosophers such as Thomas Aquinas and Cicero imply the inherent value of human beings in their writings on natural law. 

It is this assumption of the inherent value of human beings that underpins human rights as a part of international law; dignity transcends state boundaries and is the fountain from which other rights flow. The concept features in the preamble of the Charter of the United Nations: “We the people of the United Nations determined […] to affirm the faith in fundamental human rights, in the dignity and worth of human persons, in the equal rights of men and women”. Human dignity is the first article of European Union Charter of Fundamental Rights: “Human dignity is inviolable. It must be respected and protected.” Countless constitutions of various countries contain some reference to dignity. Of course, simple observation demonstrates that mere codification of this ethical concept does not ensure its protection. 

“[T]hat same human dignity is frequently, and deliberately violated all over the world,” Professor Paul van Tongeren observes. “When people are murdered, tortured, oppressed, or traded it is indeed a flagrant violation of their dignity”. Other violations are argued to include humiliation, instrumentalization, degradation, and dehumanization. 

In response to the death of George Floyd and the resulting demonstrations, Robert P. George, an American legal scholar who has written about human dignity, wrote the following in a statement released on behalf of Princeton’s James Madison Program: “What unites us—what makes us ‘out of many, one’—is our shared commitment to principles we believe to be essential to the full flourishing of human beings, the principles of the Declaration and the Constitution. If we were to distill those principles to a core idea, it is, in my opinion, this: the profound, inherent, and equal dignity of each and every member of the human family. When we truly embrace that idea, we know that racism and racial injustice are unacceptable and must be resolutely opposed.”

Racism and racial injustice could then be understood as one of the many abhorrent effects of a failure to embrace the core idea of human dignity. The degradation and dehumanization of people of color observed by Charles M. Blow is another. Unjust murder is another. So, what can be done?

While institutional reforms are being demanded, social crises, such as the one the U.S. is enduring, also reveal the need for something more basic, more fundamental: ethics education. But this need must contend with the decline of philosophy, the relative absence of ethical training for students in academia, and the growing irreligiosity of America. The traditional reminders of human dignity are slowly dying and their death ought to be mourned, if not reversed. The U.S. is ablaze; a man was unjustly killed; peaceful protesters are met with force, tear gas, and rubber bullets; rioters exert physical violence towards their fellow civilians; a legacy of racism endures. Because this is what happens when we forget our dignity. 

Malum in Se: The Use of Tear Gas by Police

two police officers dressed in riot gear holding smoke grenade guns

Whenever police use tear gas against protestors and rioters, someone invariably asks, “Why, if tear gas is banned for use in war, is it allowed for use in law enforcement?” Ultimately, the justification appears to be, “Because there aren’t any better options.” However this practical excuse is undercut by some of the fundamental considerations of Just War Theory, which underpins international law governing warfare. 

In the nationwide protests against police brutality and systemic racism sparked by the killing of George Floyd by former Minneapolis police officer Derek Chauvin, tear gas has been used by the police departments of numerous US cities, including Atlanta, Minneapolis, Philadelphia, and Washington, D.C. Tear gas is a name that refers to a variety of different chemicals, including pepper spray. All tear gas compounds act by rapidly and severely irritating people’s eyes, skin, nose, mouth, throat, and lungs. This causes people’s eyes to swell and water (hence the name “tear gas” and “lachrymator agent”) and leads to difficulty breathing. Lachrymator agents are one among many “less than lethal” weapons used in riot control, alongside rubber bullets, beanbag rounds, flash-bangs, and many others. If tear gas is non-lethal, why is it forbidden for use in warfare?

Weapons that are banned for use in warfare by international law typically have one of more features which make them mala in se (i.e., evil in themselves). Means which are mala in se are morally unacceptable for use in warfare according to Just War Theory provisions concerning jus in bello, which refers to rules governing morally appropriate conduct during the course of war. What makes a weapon malum in se? Relating to tear gas, one criterion sticks out clearly. Any weapon the effects of which cannot be controlled is malum in se. Gases are inherently not controllable because to where they drift is determined by wind speed and direction, rather than user intention. Hence police using tear gas on a group of rioters in a residential area, or a non-residential area upwind from a residential area, will likely end up affecting people nearby, and in completely different areas who are complying with the law. In the context of war using weapons that fail to discriminate, or using weapons in a manner that fails to discriminate, between combatants and non-combatants is illegal. Why then is it acceptable for police to use weapons that fail to discriminate between law-breakers and law-abiders? 

Another criterion for determining whether a weapon is malum in se is its proportionality for achieving a legitimate goal. In Just War Theory, a war that has been justly entered into (jus ad bellum) allows those on the just side to use only the minimum necessary force to achieve victory by incapacitating the enemy (who is, if the war has been entered into justly, unjust by definition). Weapons and munitions that cause excessive harm to enemy combatants are prohibited in Just War Theory (and correspondingly outlawed by international accords). For example napalm and white phosphorous are both banned because they cause tremendous pain to combatants and maim them, rather than incapacitating or quickly killing them. Being exceedingly charitable to police, the use of tear gas can be seen as a proportional measure. Police, who are often outnumbered by rioters, need a method to promptly subdue rioters and restore peace without resorting to lethal means. If lethal force is the only viable alternative to weapons like tear gas, then it appears that the use of tear gas may be justified (ignoring that tear gas is malum in se because of its inherent indiscriminateness). 

While tear gas is “less than lethal,” both it and the delivery system for it can cause long-term harm to people. Even people with no underlying respiratory conditions can, with extensive exposure, suffer chronic respiratory issues. Likewise extensive exposure can lead to blindness. It is an indiscriminate chemical agent that has been banned for use in warfare. Under what circumstances, if any at all, could it be acceptable to use it? If we can imagine a group of rioters recklessly or intentionally committing serious crimes, but not doing so in a place from which the tear gas is liable to spread and affect innocent citizens, then we would have found an acceptable situation. Is there any such situation? Prison riots come close to the mark. Indeed, this is one of the situations in which the US Military reserves the right to use tear gas and in which the international laws governing chemical weapons allow militaries to deploy tear gas. However the use of tear gas by police on peaceful protestors or even on rioters in close proximity to peaceful protestors or densely populated urban areas is clearly unjust. The inherently indiscriminate nature of gaseous chemical agents makes them an evil in themselves.