https://amgreatness.com/2024/05/12/beyond-reason-how-shame-and-disgust-shape-law-and-society/
Some time ago, I participated in a conference about “policing in an age of terror.” One big topic was the place of informed hunches in the armory of the police. Was it okay, or was it culpably racist, for the police to act on educated hunches when going about their jobs? Should they “profile” certain groups of people and, in some circumstances and in some neighborhoods, “stop and frisk” people they thought looked suspicious? Well, the heart, as Pascal famously assured us, has its reasons that reason does not know. About this, as about most things, Pascal was right. But what does it tell us about “rational hunches” or “policing in the age of terror?”
Before I endeavor to answer those impossible questions, I should acquaint you with my qualifications for intervening on this large topic. My short-form disclosure is: I have none. I am not a lawyer, judge, or police officer. I am not even an academic. In terms of qualifications, I am like the man on the Manhattan omnibus or subway—a chap I shall revert to later. That is, I bring no specialized or professional knowledge to the table, merely the advantages—if they are advantages—of commonplace sentiment.
Let me begin by acknowledging the air of paradox that surrounds the topic of the conference. “Rational Hunches.” Doesn’t that phrase express a paradox, not to say an oxymoron? The relevant sense of “hunch,” the Oxford English Dictionary informs us, refers to “a premonition or intuitive feeling.” Curiously, that sense of “hunch” is of relatively recent vintage. It isn’t listed in the main part of my edition of the OED; you have to look in the supplement to find it. But what business does a “premonition” or an “intuitive feeling” have consorting with the adjective “rational”: that which is based on reason, argument, and logic? Do we not usually, and rightly, oppose what is rational to what is intuitive, silently supplying the adverb “merely” before so cognitively challenged a mental operation? And do we not always, and rightly, do so when dealing with subjects as serious as law enforcement?
The honest answer is, not really. “Life,” as Samuel Butler observed, “is the art of drawing sufficient conclusions from insufficient premises.”
We do not like to admit that. In many ways, modern Western culture is also a Cartesian culture. We are rationalists and empiricists. Like the state of Missouri, we negotiate our way through the traffic of life with the challenge “Show me” announcing our progress.