Archive for the 'Philosophy' Category

So blame the joke

So recently my alma mater’s student paper, The Gazette, published their annual spoof issue. One satirical article, titled “Labia Majora Carnage”, included a mock-scene which involved the rape of a local feminist-activist by the chief of police. Many readers interpreted the passage to be trivializing rape, if not promoting it. It caught a lot of flak from students, alumni, and staff, and drew national media attention.

The editors wrote two follow-ups. The first dismissed the outrage with hoots and catcalls. When it became obvious that the condemnations would not subside (”What?! Rape isn’t teh funney??!!”), they wrote another follow-up which expressed something sort of like regret. They claimed that they were attempting to satirize feminist stereotypes, not feminists, and certainly not rape. Rushing to the defence of the Gazette were those who felt that the article was just a joke, and ought to be treated as such; and, failing that, those who try to fudge interpretations at the edge of plausibility (i.e., “that wasn’t rape”, or “they were obviously misunderstood”). Many have suggested that too much condemnation is overkill, and will strangle free speech and perhaps even ruin the career prospects of those involved.

However, the “trivialization” interpretation gained enough political momentum to earn strong words of condemnation from the University’s president, Paul Davenport, and from the London chief-of-police. They are now setting up review-boards, which (some worry) would PC-ify the paper.

I’ve read the thing a number of times. And for what it’s worth, I also condemn the article, despite the fact that I know (and like) many of the people who work at the Gazette. The article was, at best, poorly written; at worst, an attack peice against an activist and vocal critic of the Gazette, and — yes — a trivialization of rape.

One gets the sense that the satirists — some of them English majors — don’t “get” that the target of a satire needs to be clear in order for it to be an effective peice of writing. (For scorchingly effective satire, see the English spoof of journalism, Brasseye.) But the article wasn’t clearly attacking stereotypes: actually, quite the opposite. No matter how much context you inject into your reading of the article, it only comes off as a hit peice on specific people. And when professed intentions don’t match up with the content of some peice, you can only roll your eyes and give up wasting any more time trying to understand who meant what: it’s a mug’s game. (If I wanted to waste my time, I’d go and try to beat the underwater level of Nintendo’s Teenage Mutant Ninja Turtles. I don’t need help in this department.)

As far as I’m concerned, the moral status of the article is obvious. It sucks. The writer sucks. The paper sucks. Suck, suck, suck. The only pressing question is, “What level of response is appropriate?”. The answer to the question, whatever it may be, is abstract enough that it might be able to apply to greater issues, and go beyond this particular situation — be it to Imus in the morning, or to contemporary American political discourse.

As it happens, I have come to certain conclusions. It seems to me that a reasonable person, once they have reflected upon certain issues, must arrive at the following:

It has only been seven years, but already I am sick of the twenty-first century.

Let me explain by reviewing the people involved, and try to apply Kohlberg’s developmental model of moral reasoning.

Western is known as a “party-school”, yet it also has a collegial sort of atmosphere. That’s sort of why I went there. Socially, I’m a block of ice, and it’s nice to be around nice people. If it were the kind of school where rules tied down any kind of dissent or free-thinking, I would have gone elsewhere. Advocates of political correctness, to the extent that they drown us in rules that are well-meaning but mostly inane, create a sense of fatalism and moral anxiety that turn off brains. Still, Lawrence Kohlberg’s account of moral reasoning would peg such persons at Stage Three. The stage three moralist is someone who follows the Golden Rule to the letter, whose overriding maxim is to be nice, to behave in a good way.

That having been said, it is also a university with a right-wing underculture — usually not close enough to the surface to be noticed. But one venue where this underculture has sprung up over the years, quite noticeably, was in the Gazette. The long line of editors-in-chief have been at the outermost edge of sanity, with as much moral sensibility as Pat Robertson or Trey Parker. Whenever a joke is challenged for being morally sociopathic, these people cry out “free speech”. Some of them try to defend a vulgarized moral deontology, claiming that the content of speech is (or ought to be) immune from any kind of moral condemnation. This lunatic fringe, on Kohlberg’s scale, would be stage two. The stage two moralist views morality in terms of warring tribes who are out to pursue their own ends. For them, any overriding notions of improving the wellbeing of persons, etc., is morally piffle.

Stage four is a system-level perspective. It is, perhaps, the closest thing to utilitarianism that you will find in Kohlberg’s theory. (As it happens, it is also the last stage of the theory that has any empirical bones to it.) But there is a dearth of stage four voices in the discussion. And when they do show up, they are given the John Kerry treatment: nuanced and measured argument is regarded as a flip-floppy bag of comprimises. To the usual suspects, the stage-four moralist is like a cat stuck in Schrodinger’s box: unpredictable, on-again, off-again.

This, I think, is unfortunate. For the question becomes, “How can a joke be condemned?”. From a system-level view, it is at least clear what the bad answers are.

The appeal to free speech is a irrelevant so long as you’re dealing with the relationship between people with people, and not talking about institutions. Independent moral voices condemn jokes all the time for crossing the line. And it’s expected. Hell, that’s what gives the jokes an edge in the first place: most humor is about failure, mistakes, errors. (Even regardless of the norm, even if you come from the “nothing is sacred” school of comedy — the kind that says, “hey, if I want to use rape/the Holocaust/incest/etc. as a punchline in my joke, then that’s okay” — well, that’s one thing. Another thing is actually making victims of rape/Holocaust/incest/etc. the target. One is morally ambiguous, and the other is clearly wrong. And it doesn’t take much effort on behalf of chuckleheads to admit it.)

I mean, there are surely levels of blameworthiness, where each level involves punishments that are more severe than the last. A person may be accountable on some levels and not on others. Restriction upon freedom of speech, at least as it is typically used and morally salient, deals with restrictions upon free agents by political institution(s). Those among us with a feeling for non-arbitrariness may widen the “protected speech” net to include consideration of restrictions by social and economic institutions. The political restriction of free speech (or lack of intervention in favor of free speech by an institution) seems to be more blameworthy than the restriction by social institutions: it demands severe consequences when that trust is violated. However, social institutions are still blameworthy to some degree — in this case, the Gazette. But crucially, you have to care about the difference between social and political institutions in order to be able to appreciate that something really can be condemned, and how we have the moral room to react, and to appreciate that there are limits to the amount of blame you can make before you become tiresome. (A political institution is that which is empowered by a certain set of people with a common trust that recognizes the institution’s right to coercion; a social institution is that which is empowered by trust alone.)

This is vital when trying to figure out what the upper limit of condemnation is supposed to be. Political condemnation goes to lengths that social condemnation doesn’t. The paper needs independence. It needs to be student-run. I don’t know whether or not review-boards will help that along, or just obscure the underlying point — it depends on how the suggestion is implemented. I suspect, though, that something like clear and sensible editorial judgment would make it moot. I hope that the demonstration that the editors have once again failed to keep the trust of the people who fund them — and pay them — is at least enough to give them pause. Or maybe next year the whole cycle will just repeat itself. Meh.

So, how much condemnation does this thing deserve? I’d like to see an apology. I’d also like to see the editors to gain a sense of reason, and be willing to think things through a bit more. That would suffice. Anything that moves beyond the fundamental issue, the failure of trust, seems to be excessive.

But so long as the discussion is bogged down by the usual suspects, the Chuckleheads versus the Fatalists, we’re not going to see anything, any genuine moral growth, as a culture, as a species, as an anything. This is my stage-two moment: these are the warring tribes I care about.

Anyway. Instead, I expect that, as per usual, nuance will be sacrificed and replaced with characatures, South Park impressions (lol, rabble, lolomg), censorship and review boards of the Gazette, and (perhaps worst of all), the vague cynicism of people like me who know that everything is going terribly wrong but usually don’t have the words to express why.

Only seven years. And by all indications, this is how it will be for the next 93.

So whatever. I’ll be playing Ninja Turtles if you need me.

Philosophers on YouTube

Among the many gems on YouTube are rare videos of philosophers. This is the first time that I have seen Adorno, Horkheimer, Heidegger and Husserl!

Vilem Flusser
On communication, part 1, part 2

Juergen Habermas
Interview

Jean Baudrillard
2004 Lecture

Theodor Adorno
Blasting Joan Baez
On humanity

Max Horkeimer
On critical theory

Jean Paul Sartre
About himself, parts 1, 2, 3, 4, 5, 6

Michel Foucault
Discussion with Noam Chomsky, parts 1, 2

Edmund Husserl
Video footage from 1938

Martin Heidegger
How Marx got it wrong
The end of philosophy and the task of thinking

[tags]philosophy, youtube[/tags]

The Market and the Leviathan: Changing Incentives to Bring About Cooperation

In Hobbes’ state of nature, self-interested robots descend into mutual warfare, because they cannot resolve their resource conflicts by non-violent means. If every robot is programmed to maximize its own welfare, if all goods are rivalrous, and if there is no powerful central authority to change the cost/benefit calculus, then a state of mutual warfare is indeed inevitable. Hobbes solution to the problem of coordination is to introduce the Leviathan, a social construct whose primary job is to impose massive costs on non-cooperators. Hobbes’ solution is ingenious, not in the least because he does not rely on re-programming his robots to make them more social or even altruistic. Rather, he changes their environment (their incentives) so that the prisoner’s dilemma conditions are neutralized and coordinated behavior emerges among single-mindedly self-interested agents. One can fault Hobbes for having underestimated the possibility of social organization emerging as a result of mutual trade. His natural state is a zero sum game, which is an assumption of questionable value. But at the end of the day, Hobbes’ asocial robots became the type-case from which modern economics with its undersocialized rational actors emerged.

Against that backdrop, it appears that the persistence of the equilibrium model of perfect competition is at least in part the result of its ability to provide a formal answer to Hobbes’ challenge of how social order can be achieved and maintained. Hobbes’ answer was: Change the incentives of the rational actors through a central authority. The economist’s answer comes in two steps.

  • First, the economists replaces the zero sum game assumption with a theory of mutual gain from trade.
  • Second, he or she replaces the central authority of the Leviathan with the disciplining force of a perfectly competitive market.

Under conditions of perfect competition, no individual actor can afford to use violence or deceit to maximize their profits, because the other market participants will simply contract around the “difficult” participant. (Perfect information, which is part of the conceptual framework, includes not only perfect information about the goods but also about the market participants.) Since no single actor can influence the market clearing price, the “difficult” market participant harms him or herself (that is, internalizes the costs of his or her behavior) with the force of a natural law. The impersonal punishment meted out by the market is structurally similar to the costs imposed on the non-cooperator by the Leviathan. Both, the market and the Leviathan are impersonal institutional arrangements that change the actors’ incentives so as to make cooperative behavior more profitable than violence or deceit.

[tags]hobbes, economics, market[/tags]

Moral Views of the Market Society

The morality of the market is one of the most significant issues not only in ethics but also, at least since Durkheim and Weber, in sociology. As is often the case, the more pervasive a practice, the harder it is to describe and analyze. Marion Fourcade and Kieran Healy, in their forthcoming paper Moral Views of Market Society do an excellent job surveying and classifying the contemporary sociological literature. The “liberal dream” of the market as a civilizing force (doux commerce) has three major themes:

  1. The promotion of individual virtues (integrity, honesty, truthfulness, etc.) and interpersonal cooperation
  2. Markets as enabling conditions for personal liberty and political freedom (Hayek, Friedman, etc.)
  3. Markets as enabling conditions for cultural production and creative flourishing.

The “liberal dream,” however, in good dialectic fashion, already contains the seeds of a “commodified nightmare,” where each element of the doux commerce thesis is negated.

  1. “Instead of virtue, [markets create] envy and wants.” Markets don’t just satisfy, they create wants, feeding the human drive towards pointless, conspicuous consumption (Veblen). Moreover, on an empirical level, the correlation between want-satisfaction and happiness is not at all clear.
  2. “Instead of cooperation, [markets create] coercion and exclusion.” Severe inequality makes a mockery of the formally free nature of market exchange, and because of its hegemonic aspirations, the market as one mode of valuing things, is crowding out modes that price cannot capture (a modified commodification argument.)
  3. “Instead of creativity, copyright.” I very much like the authors’ reference to Marcuse, Adorno and Horkheimer in this context, whose works provide an often overlooked conceptual background to understanding the battle between the owners of the 20th Century industrial means of producing mass culture (studios, networks, distributors, etc.), designed mostly to provide instant and easy gratification, and the counter-movement aimed at democratizing the means of cultural production (e.g., blogs, iMovie, Reason, etc.) and keeping open the cultural commons from which all cultural production — both industrial and decentralized — draws (e.g., Creative Commons, FSF, etc.)

The article concludes with an overview of reflexive theories of markets and morals, discussing how theories primarily invented to observe and understand markets became entangled with their objects and were thus transformed into code, executed by markets (e.g., financial derivatives). A similar story could be told about the recent translation of antitrust law into the language of antitrust economics. First, economic concepts were used to describe (and criticize) the state of the law. Over time, the external categories of observation were imported into the law and then transformed into executable legal code, now defining the practice of antitrust law.

In summary, for most of its history, intellectuals have variously praised, reviled, or downplayed the moral consequences of market capitalism. These positions are still very well represented in today’s literature. Still, the distinctive quality of contemporary scholarship is that it goes much further in opening the black box of morality and dissecting the cultural and technical work necessary to produce, to sustain or — conversely — to constrain the market. In doing so, it also reveals the role social scientists play in this process. Continuing this task, then, implies a reflexive approach, where economists, political scientists and sociologists critically consider their own participation in the definition of the market’s moral categories, and in the construction of competing moralizing instruments and techniques.

Download it while it’s hot![tags]economics, sociology, market, Frankfurter Schule[/tags]

Habermas, Wood: law as conversation

Matt Wood argues:

After just reading two articles dealing with Jurgen Habermas’s theory of communicative action, I think I can take a tentative step towards fleshing out my arguments for the role of dialogue in the definition of law. According to this helpful paper, which summarizes Habermas’s theory of communicative action (and quotes from his book The Theory of Communicative Action):

“What Habermas attempts is to identify and reconstruct ‘the rational internal structure of processes of reaching understanding’ in terms of ‘the validity claims of propositional truth, normative rightness, and sincerity or authenticity’: ‘the concept of rationally motivated agreement, that is, one based on the intersubjective recognition of criticizable validity claims’; and ‘the concept of reaching understanding as the cooperative negotiation of common definitions of the situation.’”

As contrasted with instrumental rationality, Habermas proposes the ubiquity (and primacy) of “communicative rationality”, which in his own words “carries with it connotations based ultimately on the central experience of the unconstrained, unifying, consensus bringing force of argumentative speech, in which different participants overcome their merely subjective views and, owing to the mutuality of rationally motivated convictions, assure themselves of the unity of the objective world and the intersubjectivity of their lifeworld.” Rationality itself, according to this theory, turns on the ability of a speaker to justify with convincing grounds or reasons the validity of his communicative statements, dialogically – in the course of conversation – and hence intersubjectively . . . in other words, through persuasion. This conception of rationality looks to be grounded in a consensus theory of truth, and Habermas himself appears to concede as much: “The condition for the truth of statements is the potential agreement of everyone else.” (While I have doubts about how far this truth-criteria can be pushed in the context of scientific discourse, I believe it touches the core nature of “political truths”, such as questions about the distribution of “power”.)

Habermas links communicative rationality to a theory of argumentation, in which “[a]rgumentation refers to ‘the type of speech in which participants thematize the contested validity [claims of an expression] and attempt to vindicate or criticize them through argument,’ and an ‘argument contains reasons or grounds that are connected in a systematic way with the validity of a claim of a problematic expression.’ … [A]rgumentation aims to produce cogent arguments, which bring about intersubjective recognition of validity claims and transforms opinion into knowledge. … Each aspect [of argumentation] can be respectively said to aim at ‘the assent of a universal audience,’ ‘the attainment of a rationally motivated agreement,’ and ‘ the discursive redemption of a validity claim.’ … Thus, for Habermas, the rationality of social action is and should be assessed in relation to the validity claims [whose acceptance prompted such action] and the possibility of reaching agreement in critical discourse, and thus rationality is conceived as inherent in communicative practice which is intrinsically oriented towards consensus.”

Habermas identifies three types of validity claims that are at least implicit in every communicative expression: claims of propositional truth, claims of normative rightness, and claims to sincerity. Each of these types can be “thematized” by an expression (by which I understand Habermas to mean ‘made more cognitively salient’, or ‘emphasized’), even though all are actually present, giving rise to a set of more-or-less distinctive speech acts: constatives, regulatives, and expressives, respectively. (It should be noted that Habermas includes a larger number of speech acts in his own classificatory scheme.)

Lawrence Solum has written (Freedom of Communicative Action, 83 Nw.U.L.Rev. 54 (1989)) that “[u]nder ordinary circumstances, the participants will share a common set of norms or facts to which appeal may be made in the course of argumentative discourse. Where there is disagreement about specific facts or norms, the participants may still agree on the appropriate standards or criteria by which controversial norms or facts may be judged. … In some situations, however, even the standards or criteria of truth and rightness are the subject of controversy; in such cases the continuation of the attempt to reach agreement demands a move to theoretic discourse. Rational argumentation, thus, [as Habermas puts it] ‘can be conceived as a reflective continuation, with different means, of [communicative] action oriented to reaching understanding.’” Solum describes this overall process as “discursive will formation.”

I’d like to propose that “communicative action” – a process whereby validity claims are raised in speech, discursively defended in argument, and accepted or rejected as a basis for action – underlies the phenomenon of “law.” In fact, I believe “law” can be thought of as a special case of communicative action, wherein normative validity claims are justified by discursive reference to the actions (ultimately speech) of a norm-promulgating authority.

First, notice the extent to which speech underlies the effectuation of “law.” In the American system of government, a subset of the population known as Congress-people discuss amongst themselves a new norm-proposal. A formal vote is taken (itself a communicative act, rooted in assessments of the normative validity of the proposal on non-positivist grounds) and the approved norm is then written and conveyed to an authorized publisher, who records the norm in text. Copies are manufactured and distributed to judges, lawyers, and other interested parties, including the public. Each reading of the text completes an act of communication. When a violation of the norm is alleged, this text is invoked by one private party in a specialized discourse-forum known as a court. Arguments for action are conveyed to a judge by the laywers for each party (who have learned the facts of the case from their clients, and the law from published sources), and each lawyer invokes Congressional, judicial, or Constitutional speech (i.e., officially promulgated norms) as the grounds for or against the validity claims of “rightness” implicit in their requested rulings. The judge assesses the persuasiveness of the grounds for the competing validity claims and reaches a conclusion, which he communicates to the parties and larger community in the form of an “opinion”. Depending on the behavior of the losing party, this judicial speech can employed as the grounds for the validity claims implicit in requests, communicated to enforcement authorities, for the taking of enforcement action. The dialogic chain continues on, from chief of police to beat officer, from officer to officer, from officer to arrestee, from officer to jail guard, from officer to judge hearing habeus corpus petition, on and on… each link a case of conversation, of dialogue, in which repeated efforts to induce action by listeners is pursued by offering grounds to support the implicit (or explicit) normative validity of action, typically by reference to legal speech, itself typically in the form of texts.

To my mind, the importance of law as a socially ordering force lies in the ability of its *invocation in dialogue* to structure individual behavior (and I hope to have by now impressed on you the fundamental, utterly central role of speech in generating these effects). But I don’t think the truly remarkable feature of law lies in the propositional validity claims which are but one facet of the expressions that comprise links in the institutional ‘chain of dialogues’ that generate social order out of legal pronouncements (i.e., whether the statement “Congress passed a law saying X” is true) – although the validity of these propositions is surely a necessary condition for the success of “law.” Instead, it’s the implicit normative validity claims underwriting persuasion along this chain – the claims to a proposed action’s rightness – and their discursive justifications, that are most distinctive. In general, the mere fact that a governmental authority promulgated a norm is taken as *sufficient ground* for acceptance of a normative validity claim, and hence the promulgated norm, as a basis for action. Herein lies what I’ve been calling the ‘habit of legitimacy recognition.’ I think this simple dispositional response and its stimulation in the course of dialogue (through, for example, the invocation of positivist grounds to justify normative validity claims) is the tissue that holds the entire apparatus of state together. This is the “trust”, the voluntary acquiescence to state power, that works in place of the threat of violence as a means of organizing society and its many power-relationships. The unquestioned legitimacy of the state and its law is necessary for the efficient cooperation of so many actors; imagine the difficulty of governing if the legitimacy of the state had to be re-argued every time a demand was made in its name!

But this sedimented, automatic habit of legitimacy-recognition can be destabilized. Consistent with the habit’s important role in gilding grounds for the justification of normative validity claims, individual speakers may contemplate such claims with the help of their *entire* array of tools of normative evaluation, including moral principles. (Hence my use of the term “coherence theory of law” above.) As the moral propriety of a legal norm decreases, we might expect moral grounds for rejection of the normative validity of the legal norm (defined as a speech act to which the propositional validity claim of promulgation by a legal authority can be justified discursively) to overwhelm the sufficiency of “positivist grounds” for the acceptance of its normative validity. At this point, the links in the dialogue-chain that I’ve described as the very essence of the state may begin to snap, as communicative action between dialogue participants results in either consensus away from action justified on positivist grounds (and towards action whose claim to normative validity is justified on alternative, perhaps moral grounds), or intractable disagreement (perhaps rooted in the varying intensity with which the persuasiveness of moral and positivist grounds are felt). And we can expect the apparatus of the state (through the individuated yet communicatively coordinated actions of its remaining constituent actors – i.e., those still persuaded to cooperate on positivist grounds) to resort to violence as an alternative to rational persuasion through communicative action as a means of enforcing obedience and thereby preserving the state. If a critical mass of individuals begins to reject the normative validity of positivist grounds as a basis for the acceptance of proposed action, we might expect the general imperative of coordinated action that underlies all human societies to result in the formation of replacement authorities (again, dialogically), whose acts of norm-promulgation are more acceptable as a ground for the acceptance of the normative validity claims underwriting voluntary obedience to the promulgated norms themselves. Herein lies the texture and mechanism of secession, civil war, and a host of other social phenomenon that signal the breakdown of a formerly unitary political society. The terms of political dialogue change – via the changed justifications, or grounds, offered to defend validity claims – and collective action re-orients, one conversation at a time.

There is a teleological sort of thing going on with the Habermassian argument. We’re in a territory where it is our goal to reach mutual understanding, and this goal acts as the foundation (er, ceiling?) of communicative rationality.

But it could be observed (in the fretful-philosopher tone) that this is epistemically even more fantastic than the problem of establishing that there is an external world. In the latter, we’re trying to justify to ourselves that the phenomena that we are inundated with are caused by something “real”. But in the former, we’re setting up a standard whose ultimate validity is based upon something so nebulous and auto-eroding as “mutual understanding”. At least with the external world, vulgar appearances don’t shut themselves off according to either my whims or to the world’s fancies. But people shut up all the time, leaving me in the dark about the state of their understandings — these “appearances” are spotty and intermittant. Also, we have some sort of idea about what the world “is”, since we have all kinds of physics at our disposal. The cues associated with mutual understanding are not quite so clear, and our understanding of understanding is spotty. This is manifest in the fact that people misunderstand while thinking they understand, and understand when they think they don’t. Both of these aporias suppose that there is mutual good will in a conversation (a bare minimum to postulate if we want to even be talking about the same thing Habermas presumably is). But good will alone is nevertheless insufficient for mutual understanding.

This is not to say that we have good reason to believe that there is never any mutual understanding. It is just to say that one doesn’t have to be a cynic to concede that mutual understanding is difficult to achieve, and so, we should be doubtful as to whether it is the dominant force which props up the law. It certainly doesn’t appear to be the way that courtrooms operate. Quite the opposite. When trying to justify to myself the “mutual understanding” doctrine of rationality, while still admitting that the stereotypical courtroom is “rational” without being in the same timezone as a pursuit of ‘mutual understanding’, I could only suppose that what we see in vulgar debate and informal logic is more properly called “the ghost of departed reason”. I can accept that, but I wonder if anyone else would. (Though admittedly my experience of the courtroom is limited to episodes of Matlock. Perhaps that is telling.)

That being said, I really *want* to believe in a Habermas-style argument. He has broken ground in places where Grice feared to tread. But experience suggests to me that a) communicative rationality must be based upon strategic or instrumental action in most cases, because the desirability of reaching “mutual understanding” has to be cultivated (and constantly renewed); and b) communicative action is, in principle, a kind of strategic action, since strategic action is mere goal-directed behavior, and the reaching of “mutual understanding” is a goal.

Moving on to Matt’s contribution: for him, law is a kind of communicative action “wherein normative validity claims are justified by discursive reference to the actions (ultimately speech) of a norm-promulgating authority.” The first thing I noticed is that this is a positivist’s account, so long as we construe “authority” in a strict sense of social authority. If we admit that things like “conscience” are sorts of “authorities”, then I suppose it wouldn’t be positivistic; but I’m not sure entirely what Matt’s intent was there, or how far he was willing to extend the scope of the claim. As he goes on to describe the “coherance theory of law”, we get less of a positivistic vibe, and more of an eclectic one; and this emphasis upon the social embeddedness of law is to the good, following the lead of Russell, (possibly) Dworkin, and modern blawgers like Jurisdynamics. But whatever moves are being made, they are surely not compatible with the Weberian formulation of law as what is justified by the authority. The ‘coherance’ story of how civil strife emerges is likely correct, but it is not clear how we have gotten from point A to point B, or whether the tools that have been laid out (namely the definition of law as given) are able to take us there.

The second thing — the centrality of meaning and communication to law — is surely preaching to the choir! I’m quite impressed by the symbolic interactionists, and they motivated my interest in philosophy of language. I think that’s likely true for the whole roster of L&S writers.

A Comment on Spencer Brown’s Laws of Form

George Spencer Brown’s Laws of Form are routinely cited in the context of theories dealing with self-referential processes, autopoiesis and second-order-cybernetics. Niklas Luhmann, in particular, refers to Spencer Brown all the time and makes extensive use of his terminology: law of calling, law of crossing, re-entry, etc. I never understood what the buzz was all about, maybe because I grew up with computers so that “paradoxical” statements such as n = n + 1 never seemed quite that paradoxical to me. Self-referential expressions of that nature, obviously, are part of a loop. In other words, for my generation, using time, iterations, or operationalization as a means to resolve the paradoxa that Luhmann and his followers were so enamored with came naturally and simply wasn’t such a big deal. Similarly, the quasi-mystical tone in which many of Spencer Brown’s followers discuss the creation of “something from the void” by way of an initial distinction was lost on me. Of course, you need a “difference that makes a difference,” because a white circle on a white plane blends into the background. It appears to me that the “law of calling,” the “law of crossing,” “condensation,” and “cancellation” can very easily be understood in terms of a simple robot (or a turtle in logo) tooling about on a white plane. The turtle scans the color of the plane directly underneath it. Once it detects a change (e.g., because a line is drawn across the plane), its internal state is inverted. If the turtle’s internal state started with 0 the crossing of a line changes it to 1, if it started with 1 the crossing changes it to 0. Now imagine a circle, drawn onto the plane.


200701141247

The turtle crosses from the outside (the “unmarked state”) to the inside (the “marked state”) (0 → 1) and then, after a while, from the inside to the outside (1 → 0).

200701141248

The fundamental response of the turtle to entering and exiting a form (0 → 1 → 0; or 1 → 0 → 1) doesn’t change, no matter how many non-overlapping circles there are on the plane. Hence the “form of condensation,” whereby {}{} = {}.

200701141249

But what if there’s a circle within a circle? The first crossing inverts the turtle’s state and so does the second crossing.

200701141250

Consequently, the turtle’s state inside the second circle is identical to the turtle’s state outside the first circle, which results in the “form of cancellation” {{}} = _.

200701141250-1

The story gets somewhat more interesting, once we move from arithmetic to algebra, where A is a variable that can take the values {} and _ (mark and no mark). Then, you get expressions like:

(1) A = {{A}}.

For A = {}, the expression reads {} = {{{}}}, which, applying the form of condensation, resolves to {}={}. For A = _, the expression reads _ = {{}}, which resolves to _ = _. So far so good, but what about this:

(2) A = {A}.

For A = {}, the expression reads {} = {{}}, which, applying the form of cancellation, resolves to {} = _. And for A = _, the expression reads _ = {}. In other words, if A is a mark, then the value of the function is not a mark, and if A is not a mark, then the value of the function is a mark. It turns out that A = {A} describes an oscillator.

For Spencer Brown’s followers this is nothing short of the creation of time from form, which may be right but (at least to me) sounds somewhat more grandiose than the operation really is. For anyone who wants to get a glimpse into Spencer Brown’s Laws of Form without having to read the original (and I can’t blame you), check out Robertson, Some-thing from No-thing: G. Spencer-Brown’s Laws of Form, Cybernetics & Human Knowing, Vol.6, no.4, 1999, pp. 43–55.[tags]system theory, spencer brown, laws of form[/tags]

The Argument from Design and the Missing Designer

Of all proofs for the existence of god, the teleological argument or the argument from design is the most commonly invoked: The watch proves the existence of the watchmaker. Of course, the argument from design is a non-sequitur and fails as a result of some well-known flaws documented elsewhere. But there’s another noteworthy weakness of the argument from design: The more complex an object gets, the less likely it is that anyone truly designed it. Thus, the more complex the watch, the less likely that there is any identifiable watchmaker. Only very crude artifacts (e.g., stone tools) permit the “watch → watchmaker” inference. This is a result of the distribution of knowledge. Recall the story “I, Pencil” by Leonard Read.

I am a lead pencil—the ordinary wooden pencil familiar to all boys and girls and adults who can read and write. Writing is both my vocation and my avocation; that’s all I do. … I, Pencil, simple though I appear to be, merit your wonder and awe, a claim I shall attempt to prove. … I have a profound lesson to teach. And I can teach this lesson better than can an automobile or an airplane or a mechanical dishwasher because—well, because I am seemingly so simple. Simple? Yet, not a single person on the face of this earth knows how to make me. This sounds fantastic, doesn’t it? Especially when it is realized that there are about one and one-half billion of my kind produced in the U.S.A. each year.

No single person knows how to make a pencil, because of the dispersion of knowledge resulting from the division of labor. Thus, even though someone might have thought of “designing” a pencil, the design incorporates thousands of previous “design” decisions by others. In other words, there is no single designer, and particularly the most obviously designed objects (e.g., airplanes) do not permit the inference of a single mind behind them. Interestingly, a very similar point was made by Adam Smith in the Wealth of Nations:

The woollen coat, for example, which covers the day-labourer, as coarse and rough as it may appear, is the produce of the joint labour of a great multitude of workmen. The shepherd, the sorter of the wool, the wool-comber or carder, the dyer, the scribbler, the spinner, the weaver, the fuller, the dresser, with many others, must all join their different arts in order to complete even this homely production. How many merchants and carriers, besides, must have been employed in transporting the materials from some of those workmen to others who often live in a very distant part of the country! how much commerce and navigation in particular, how many ship-builders, sailors, sail-makers, rope-makers, must have been employed in order to bring together the different drugs made use of by the dyer, which often come from the remotest corners of the world! What a variety of labour too is necessary in order to produce the tools of the meanest of those workmen!

[tags]god, argument from design[/tags]

The New York Times on Free Will

Here is a nice article on the contemporary free will debate by Dennis Overbye.

Mark Hallett, a researcher with the National Institute of Neurological Disorders and Stroke, said, “Free will does exist, but it i€™s a perception, not a power or a driving force. People experience free will. They have the sense they are free.”

[tags]philosophy, free will[/tags]

Why Do Intellectuals Oppose Capitalism?

Because, according to Robert Nozick, intellectuals can’t get over the fact that school’s over.

It is surprising that intellectuals oppose capitalism so. Other groups of comparable socio-economic status do not show the same degree of opposition in the same proportions. Statistically, then, intellectuals are an anomaly. … Intellectuals now expect to be the most highly valued people in a society, those with the most prestige and power, those with the greatest rewards. Intellectuals feel entitled to this. But, by and large, a capitalist society does not honor its intellectuals. … What factor produced feelings of superior value on the part of intellectuals? I want to focus on one institution in particular: schools. … The schools … exhibited and thereby taught the principle of reward in accordance with (intellectual) merit. To the intellectually meritorious went the praise, the teacher’s smiles, and the highest grades. … The wider market society, however, taught a different lesson. There the greatest rewards did not go to the verbally brightest. There the intellectual skills were not most highly valued. … There is a further point to be added. The (future) wordsmith intellectuals are successful within the formal, official social system of the schools, wherein the relevant rewards are distributed by the central authority of the teacher. The schools contain another informal social system within classrooms, hallways, and schoolyards, wherein rewards are distributed not by central direction but spontaneously at the pleasure and whim of schoolmates. Here the intellectuals do less well. It is not surprising, therefore, that distribution of goods and rewards via a centrally organized distributional mechanism later strikes intellectuals as more appropriate than the “anarchy and chaos” of the marketplace. For distribution in a centrally planned socialist society stands to distribution in a capitalist society as distribution by the teacher stands to distribution by the schoolyard and hallway.

Is that really plausible?

  • First, what about the mathematically gifted? I find Nozick’s argument for excluding them from his general prediction wholly unpersuasive:
    [The school system] produces anti-capitalist feeling among verbal intellectuals. Why do the numbersmiths not develop the same attitudes as these wordsmiths? I conjecture that these quantitatively bright children, although they get good grades on the relevant examinations, do not receive the same face-to-face attention and approval from the teachers as do the verbally bright children. It is the verbal skills that bring these personal rewards from the teacher, and apparently it is these rewards that especially shape the sense of entitlement.

    There is nothing to suggest that the math and science crowd is held in lower esteem by the teachers, that they have an easier time on the schoolyard than the fast-talking debate club crowd (please!), and that they are more successful in the “real world” compared to their humanities peers.

  • Secondly, what about countries such as France, Germany, Italy, Spain, and the UK where intellectuals are held in much higher public esteem than in the US? Shouldn’t one expect them to be more at peace with their (mellower) brands of capitalism? Let me think: Adorno, Barth, Baudrillard, de Beauvoir, Berlin, Brecht, Blackburn, Camus, Eco, Foucault, Flusser, Grass, Habermas, Havel, Kojeve, Kundera, Lukacs, Marcuse, Pinter, Rushdie, Safranski, Saramango, Sartre … no love lost for capitalism there.

Alienation and exploitation are the key concerns that animate intellectual resistance to capitalism. The beauty of a capitalist system is that it creates order without anyone being in charge, and that our complex internal lives, our hopes, dreams, aspirations, world-views, histories, etc. are relevant only to the extent that they influence our revealed preferences for existing goods and services. Capitalism is social reductionism in action, which is why it works so well. But the price we pay is alienation — more for some than for others, to be sure, but alienation nevertheless. And where there is alienation, exploitation can’t be far off. In my view, much of this criticism is vastly overstated, and many of my friends on the (non-libertarian) left completely ignore capitalism’s history of liberation from tradition and authoritarian rule, and the freedom we enjoy in private matters as a result of their irrelevance to the functioning of the system. (Freedom is inexorably linked to irrelevance.) But those are valid differences of opinion. I just don’t think that Nozick’s “we liked it better in school” explanation goes very far.
[tags]economics, capitalism, intellectuals[/tags]

Cultural Cognition v. Bounded Rationality

We have discussed the theory of cultural cognition extensively on this blog in the past (for example here, here, and here). One particularly interesting problem is the relationship between cultural cognition and bounded rationality.

  • Cultural cognition, in essence, posits a causal relationship between values and factual beliefs. Values are prior to beliefs. For example, people who judge drug use to be morally bad (value) are highly likely to believe that drug use is also dangerous (fact).
  • Bounded rationality makes somewhat similar claims and aims to correct some of the assumptions of rational-agent models. For example, the fact that we place greater value on something that we have just because we have it (”endowment effect”) is plainly irrational but not random. The non-randomness of certain errors in rational judgment is a significant problem for rational choice models, because the key reason for assuming rationality is not that everyone is, in fact, rational (clearly that’s not the case), but rather that rationality predicts behavior better than any alternative assumption. If there is one rational way to act and many irrational ones, and if irrational behavior is random, then rationality is the best predictor of behavior even if only a minority of people act rationally. However, if irrational behavior is not random, then the rationality assumption may be misplaced.

Cass Sunstein has argued that cultural cognition can be explained in terms of bounded rationality. Dan Kahan and Paul Slovic, in a recent paper, disagree:

In our view, Sunstein’s assertion that “bounded rationality lie[s] behind cultural cognition” merges two claims, one of which is clearly wrong … The clearly wrong claim is that one would expect persons who are boundedly rational to behave like cultural evaluators just because they are boundedly rational. It is indeed well established that people conform their factual beliefs both to the apparent view of others (through mechanisms such as “group polarization,” “reactive devaluation,” and “naïve realism”) and to their own values (through mechanisms such as “biased assimilation” and “defensive motivation”). But these dynamics don’t tell us which group commitments (professional or geographic, political or socio- economic) or which values (ideological, religious, aesthetic, etc.) will exert this impact on belief formation. They thus furnish no explanation for any particular distribution of beliefs across persons or issues, and no explanation, in particular, for why beliefs are in fact distributed in ways that express persons’ commitments to hierarchic and egalitarian, individualistic and communitarian worldviews. The most plausible way to make sense of these patterns of belief is to view culture as prior to the cognitive processes through which people perceive facts. … Bounded rationality, then, does not explain why people behave like cultural evaluators; on the contrary, the disposition of people to behave like cultural evaluators explains why established mechanisms of belief formation – social influences, biased assimilation, the availability heuristic, probability neglect, affect, etc. – generate the distinctive array of beliefs that boundedly rational people actually hold.

I find that explanation persuasive. My concern with cultural cognition theory is not with its explanatory model but with its normative implications, at least as implied by Kahan and Slovic, who claim that in a democracy people are entitled to their values and that certain factual beliefs are in a very direct sense expressions of such values. As such, both the values and the factual beliefs are entitled to some normative weight. Nonsense, says Sunstein. Incorrect factual beliefs have no “normative weight,” even where they are expressions of values. That, in my view, is obviously correct. Truth is not about counting votes or respecting people’s values and prejudices. Truth is about underwriting factual claims with the prevailing opinions of a specialized scientific community that follows certain public procedures. I am thrilled to see that Kahan and Sovic acknowledge Sunstein’s point in that regard:

[I]f we came off sounding as if we think democracy entails respecting all culturally grounded risk perceptions, no matter how empirically misguided they might be, we overstated our position. We admit to a fair measure of ambivalence about when beliefs formed as a result of cultural cognition merit normative respect within a democratic society.

In my view, Kahan’s and Slovic’s paper puts much of the cultural cognition v. bounded rationality debate to rest. Cultural cognition, properly stripped of certain overreaching normative implications, provides a useful explanatory backdrop to bounded rationality.
[tags]cultural cognition, bounded rationality, economics[/tags]

Peter Singer on What Billionaires and Others Should Give

In his NYT article on What Should a Billionaire Give – and What Should You?, Peter Singer makes the case that the wealthy are morally obligated to give to the poor. Not just to the poor around them, but also, and equally, to the poor on the other side of the world. In practical terms, Singer suggests the following contributions from US residents or families:

[The top 14,400 earn an average of $12,775,000,] with total earnings of $184 billion. The minimum annual income in this group is more than $5 million, so it seems reasonable to suppose that they could, without much hardship, give away a third of their annual income, an average of $4.3 million each, for a total of around $61 billion. That would still leave each of them with an annual income of at least $3.3 million. Next comes the rest of the top 0.1 percent (excluding the category just described, as I shall do henceforth). There are 129,600 in this group, with an average income of just over $2 million and a minimum income of $1.1 million. If they were each to give a quarter of their income, that would yield about $65 billion, and leave each of them with at least $846,000 annually. The top 0.5 percent consists of 575,900 taxpayers, with an average income of $623,000 and a minimum of $407,000. If they were to give one-fifth of their income, they would still have at least $325,000 each, and they would be giving a total of $72 billion. Coming down to the level of those in the top 1 percent, we find 719,900 taxpayers with an average income of $327,000 and a minimum of $276,000. They could comfortably afford to give 15 percent of their income. That would yield $35 billion and leave them with at least $234,000. Finally, the remainder of the nation’s top 10 percent earn at least $92,000 annually, with an average of $132,000. There are nearly 13 million in this group. If they gave the traditional tithe — 10 percent of their income, or an average of $13,200 each — this would yield about $171 billion and leave them a minimum of $83,000.

As much as I sympathize with Singer’s proposal, I am not convinced by his philosophical justification for a universal duty of assistance (which, admittedly, is harder to justify than duties of non-interference). Here are some observations:

What is the source from which a duty for A to assist B arises? Singer states at the outset that a human life has great value (”in the millions”). From that, we can certainly derive a duty of non-interference. A must not, without good reason, harm B. But can we also derive an affirmative duty for A to assist B and a corresponding moral claim of B to A’s assistance if B’s life is in jeopardy? Usually, we require a rather narrow set of conditions to be in place for such affirmative duties to arise, specifically (i) a promise by A to B (either explicit or as a result of friendship, reciprocity, assumption of an office such as that of a firefighter, etc.); or (ii) A’s responsibility for the threat to B’s life, for example because B’s extreme poverty is the result of A’s exploitative behavior. Singer proposes much less situational and demanding conditions for a duty to assist to arise, namely (a) maximum utility for B (”saving B’s life”) and (b) minimal cost to A (”ruining A’s shoes”). In other words, Singer postulates a general duty to optimize total welfare, or at least to minimize certain extreme disequilibria. It is worth nothing that legal systems, at least, are somewhat divided on that score. German criminal law, for example, knows a general duty of assistance to strangers in emergencies, US criminal law (by and large) does not. As much as I sympathize with Singer’s result, the origin of the duty to assist that he proposes is not sufficiently well explained.

Singer makes some implicit claims about morally relevant and morally irrelevant facts, which require closer examination. Let’s take a look at his primary example.

[We walk] by a shallow pond and [see] a small child who has fallen in and appears to be in danger of drowning. Even though we did nothing to cause the child to fall into the pond, almost everyone agrees that if we can save the child at minimal inconvenience or trouble to ourselves, we ought to do so. Anything else would be callous, indecent and, in a word, wrong. The fact that in rescuing the child we may, for example, ruin a new pair of shoes is not a good reason for allowing the child to drown.

So far so good, with the caveat outlined above. But then Singer continues:

Similarly if for the cost of a pair of shoes we can contribute to a health program in a developing country that stands a good chance of saving the life of a child, we ought to do so.

Singer’s implicit claim is that physical and cultural distance between A and B is irrelevant for A’s obligation to assist B. If that’s true, then virtually everyone who could better the life of anyone in dire poverty anywhere is flaunting his or her moral obligation. (Which may well be the case.) Singer universalizes A’s obligation by extending it to everyone in B’s position everywhere. Alternatively, one could also universalize a more local obligation, e.g., everyone in A’s immediate situation (here, walking past a drowning child) has an obligation to assist. The former way of universalizing the obligation creates billions of overlapping global/universal obligations. The latter creates a global/universal “mesh network” of local obligations. Singer chooses the strategy of creating a universal duty over universalizing local duties, which may ultimately be correct (I am not sure), but definitely requires more explicit supporting arguments.

Should we really treat everyone equally? One moral problem with true equality is illustrated by Singer’s second example.

A few years ago, when he was in his mid-40s, Zell Kravinsky gave almost all of his $45 million real estate fortune to health-related charities, retaining only his modest family home in Jenkintown, near Philadelphia, and enough to meet his family’s ordinary expenses. After learning that thousands of people with failing kidneys die each year while waiting for a transplant, he contacted a Philadelphia hospital and donated one of his kidneys to a complete stranger. [Kravinsky acknowledges that we form special attachments with some people, for example our children, but] that does not, in Kravinsky’s view, justify our placing a value on the lives of our children that is thousands of times greater than the value we place on the lives of the children of strangers. Asked if he would allow his child to die if it would enable a thousand children to live, Kravinsky said yes. Indeed, he has said he would permit his child to die even if this enabled only two other children to live.

To me it is more plausible that we owe different moral obligations to different people. Kravinsky’s children, I would argue, have a greater moral claim to his assistance, based on mutual promises, than those to whom no such promises have been made, and who, as a result, don’t have the same justified expectations. That is not to say, of course, that no baseline moral obligations exist vis-a-vis strangers, but if meaningful tradeoffs have to be made, then choosing the interests of the few who are close to us over the interests of the many who are distant is not per se morally deficient.

What if there is no duty of assistance to those in need who are far away? In that case, paradoxically, charitable giving may be even more laudable. Gates and Buffet are not just doing what every decent person ought to do. They act out of kindness to which no one can lay a moral claim. Thus even if optimizing utilitarianism, other forms of consequentialism, rights-based theories, etc. were to fail in justifying universal claims for assistance, we may still owe to ourselves to help strangers in need if we want to lead virtuous lives.

[tags]poverty, morality, consequentialism, peter singer[/tags]

Marx is right

Socrates was offside!

(HT: Brian Leiter)

[tags]philosophy, soccer[/tags]

Did I ever mention how I don’t like social contract theory?

I would dispute the claim that law has been tacitly agreed to in anything like a social contract.

To see what I mean, picture in your mind the following scenario. A resident of a small, distant, isolated island of Tikopia is fishing off the coast as he does every year. Tikopia is ecologically self-sufficient, due to a wealth of forests, and these settlers and their descendents have been on the island for millenia. One day, the resident encounters a ship from a distant land. In speaking with the crew, the Tikopian finds out that this distant land is plagued by wood shortages. Although the Tikopian (and all his fellow Tikopians) is saddened to hear of these stories, he sees them as beyond his sphere of control, and as the affairs of another people. Nevertheless, the Tikopians embrace the newly arrived persons, and provide hospitality, and tell them that they are family. Time passes, and a year later, a battleship arrives to claim Tikopian lumber. The battleship crew claims that Tikopia is subject to the laws of the distant nation, and is obliged to help, since they are part of the same “family”.

Did the Tikopians tacitly commit themselves to forced aid? Of course not.

Now let’s take another story. Imagine the above scenario, sharing all of the same qualities, except substitute “Tikopia” with “early Western America”. Both are isolated and self-sufficient. Are the residents of the wild West beholden to help the residents of the distant East? We’d want to say “yes”, but why?

Whatever reason we give, I don’t think it will fully match the “tacit consent” view. There are certain irrelevant things that the Western case has but the Tikopian case lacks. Geographic continuity is one of them: you can arrive in the West by road, but it takes a lot more determination to arrive at Tikopia by sea. Also, arguably, the Native population would have posed a threat (at least in the minds of the settlers); but if this were objected, then it would still lead to a collapse of the doctrine of ‘tacit consent’, because then there would be a very clear and explicit consent.

Rather, the morally and legally relevant quality that the Western case has, but the Tikopian case seems to lack, is that the Western settlers had forewarning that their lives and property were subject to the will of the distant land before they occupied it. By contrast, the Tikopians declared only a tentative solidarity with the strangers after they (the Tikopians) had occupied the island for millenia.

But surely mere forewarning is not the same as “tacit consent”. If a man tells me that he is going to steal my pants on Tuesday, I have been forewarned; but if I don’t run away from him, that doesn’t mean that I’ve tacitly consented.

All this is just to point out that there are very serious problems with social contract theories. (And I take it for granted that natural law theories are in even worse shape.) Following Bertrand Russell (and others), I think that, if we are to be honest social scientists, we ought to admit, for better or worse, that law is to some degree a matter of violence. This is a third option which leaves behind both the aformentioned traditions, and goes back to Thrasymachus.

[I wrote the preceding as a reply to this post. I've decided to put it here, since it was a bit far from the topic at hand.]

Sacrificing One for the Benefit of Many (Once Again)

It seems that we can’t get enough of this timeless problem. (Maybe that’s why it’s timeless.) This time, it is discussed at Marginal Revolution in the context of the implications of a zero discount rate. Alex Tabarrok writes:

Tyler asks, following philosopher Alastair Norcross, whether it could ever satisfy a cost-benefit test for one person to die a terrible and tortured death in order to alleviate the headaches of billions of others by one second. Tyler begs off with “a mushy mish-mash of philosophic pluralism, quasi-lexical values” and moral conceit. I will have none of this. The answer, is yes. The clearest reason to think that we should trade a terrible and tortured death of one in order to alleviate the headaches of billions is that we do this everyday. Coal miners, for example, risk their lives to heat our homes and to generate the electricity that drives this blog. We know that some of them will die horrible deaths but few of us think that we are morally required to give up electricity.

I object to Tabarrok’s analysis on two levels. First, consequentialism and the “summing up” of people that goes along with it, is undoubtedly a principle of greatest moral significance. Unlike most competing principles it is intellectually rigorous, autitable, and eminently practical. However, consequentialism presupposes a model of the person, because we are not summing real people up, we are summing up abstractions. This is not a shortcoming of consequentialism. Consequentialism does not purport to be or to contain a theory of the person. However, the choice of our theory of the person may impose certain limitations on what goes into the consequentialist calculus. Tabarrok’s “I will have none of this. The answer, is yes” seems to imply a model of the person without “absolute” rights, that is, a model in which the value placed on being free of headaches, v(-h), is fully commensurable with the value placed on not being put to a terrible death, v(-d). That is not to say that v(-h) is equal in “weight” to v(-d), but given the right multiplier, v(-h) * x > v(-d), in which case torturing one person to death to alleviate the headaches of many is morally permissible.

In my view, a more plausible view of the person is rooted in deontological considerations. Practical reason (starting from “I”) or considerations of recognition (starting from “you”) demand that we attribute individuals with a hard nucleus of rights – rights sufficiently hardened to resist the pull of consequentialist considerations that can only be restricted and in some instances overridden by conflicting rights. Once those minimal deontological requirements are satisfied, free reign may be given to consequentialism. In the torture/headache example, I submit, those minimal conditions are not satisfied. Thus, sacrificing one for the good of the many would be morally impermissible.

Does that mean that it is never morally permissible to sacrifice one for the good of the many? Unfortunately not, I think, even though life would be so much easier if it were. As much as the normative power of consequentialism is subject to the prior satisfaction of certain rights-based conditions, rights may similarly be constrained by a consequentialist override in extreme circumstances, e.g., if saving the lives of many (How many? I don’t know) with certainty requires the sacrifice of one. (That’s why I put “absolute” rights above in quotation marks.)

My second objection goes to the coal miner example. Presumably, the miner is doing his or her job voluntarily. Miners make a trade-off between risk and reward. The person tortured to death to alleviate the headaches of others doesn’t. The moral problem only arises in instances of “involuntary sacrifice.” Thus the coal miner’s voluntary trade-offs provide no basis for concluding that torturing someone to death for the benefit of others is morally permissible.

In this context, it is helpful to recall Jonathan Wolff’s article “Making the World Safe for Utilitarianism,” which I discussed earlier on this blog. Wolff lists four conditions (”fortunate circumstances”) under which consequentialism works. (To what extent basic rights are designed to bring about or to maintain those conditions would be a fruitful avenue of inquiry.)

  1. There need to be regular opportunities of a similar nature. (Call this the assumption of “many chances”.)
  2. No single loss (or likely repeated series of losses) creates a type of level of harm for any individual from which recovery is very difficult or impossible. (The assumption of “recoverable loss”.)
  3. There is no reason to doubt that the probabilities run true. (The assumption of “true odds”.)
  4. All relevant gains and losses can be quantified and compared to each other. (The assumption of “weak commensurability”.)

[tags]philosophy, moral theory, consequentialism, deontolology[/tags]

Walking the highwire of “Charity”

It is common practice in university departments to evaluate texts by way of “the principle of charity”. Some formulations of this principle make for fantastic additions to our analytical toolkit(s). Other formulations are mere distractions, and they waste our time.

It is misleading in the first place to speak of one single principle of charity, as there are many. But there is one common property that all those “charity principles” share. They tell us that, if you come to a point in a text where the surface meaning equivocates, then you may make a decision: you can either refrain from making an interpretation, or you can interpret charitably. By advising us to interpret charitably, they tell us to give the author the benefit of the doubt, and attribute to them the most defensible interpretation of their utterance on the basis of the evidence.

So, for instance, when then-Prime Minister Margaret Thatcher said “I always treat other people’s money as if it were my own,” the most charitable reading would be to say that she meant something like, “I am careful with my own money, and in that sense I will be careful with the money of others”, and not, “ha-ha, I’ll spend all your money, taxpayers”. Or (more recently) when John Kerry made his joke about getting stuck in Iraq, he meant to speak against George W. Bush, not the troops. In cases where the author isn’t serious, is trying to be witty, or is attempting to illustrate a point by way of metaphor or other imperfect devices, then charity is well advised.

When the “charity” idea is well-formulated, it helps scholarship to the nth degree. A feast of fallacies in informal logic arise simply because the reader simply does not pay adequate attention to the words of a text, and interprets carelessly. For example, the “strawman” fallacy is the paradigmatic example of a failure of charity: the reader is so caught up in a desire to argue that they utterly misunderstand the position of their fellow conversant. Charity overrides this by telling us to listen carefully, and interpret in the strongest way.

One way to look at the relationship between charity and good scholarship, I think, is to examine the relationship between the law and virtuous conduct. In a society of the virtuous, there would be no need to have any laws. Similarly, in the society of good scholars, the principle of charity would never arise. For just as virtuous society would have no criminals, and thus no need for law, the society of good scholars would all listen to one another attentively, and thus not need to exercize charity.

But if “charity” is poorly formulated, then it actually hinders scholarship in a variety of monstrous and even anti-intellectual ways. (This trend applies to our analogy as well: a society which legislates virtue would be totalitarian.) So in the following, I’d like to quickly post two common errors associated with the careless application of ‘charity’ — errors that can be overcome by a robust understanding of what it means to exercise genuine charity in discussion.

If we are interested in achieving an adequate and serious understanding of charity, we cannot do better than to be guided by the careful work of Mark Vorobej in A Theory of Argument.

Error 1. Misunderstanding the basis of charity. Charity is not based on getting a more accurate reading of the text. The point of charity is not to understand the text more accurately. Quite the opposite: for the entire point behind our need for charity is that we’ve failed to establish an accurate interpretation that satisfies the level of lucidity we need. Rather, charity is grounded upon a sense of fairness in conversation. Vorobej explains: “To opt deliberately for any other reading [than the charitable reading] is unfair to the author, needlessly harsh and mean-spirited” (pp. 29).

This is important to recognize. If we confuse ourselves into thinking that charity is established on purely rational grounds, for instance as the cornerstone of all communication, then we end up having to abandon skepticism entirely in places where skepticism is most prudent. For instance, in some serious conversations, we simply must abandon charity altogether or else risk behaving imprudently.

The first rationale for rejecting charity is precisely because it would be unfair for the audience to be asked to make a charitable attribution in practice when the speaker has clearly spoken infelicitously. Say, for instance, that the Vice-President of the United States says, “The insurgency in Iraq is in its last throes”. Let’s also say that Iraq is undergoing a civil war which we can anticipate to be long-lasting. The most defensible interpretation of this would be to say that the meaning of “last” in the Vice-President’s utterance is used against the backdrop of some wider historical timescale; such that in (say) 30 years, the insurgency really would be gone and Iraq would be peaceful. Let’s also say that the alternate (non-charitable) interpretation of the utterance — namely, that the Vice President is simply confused about the state of Iraq — seems equally strong, as far as plausible attributions go; but we are told to attribute the more defensible interpretation, anyway.

But the “last throes” remark is not at all defensible as a way of phrasing the charitable interpretation. The words are at odds with the underlying meaning to such an extent that we simply must attribute the non-charitable interpretation to him. For, most of the time, utterances carry with them the idea that the speaker is saying things in a way that can be reasonably understood on the basis of what is said: a kind of automatic implication of felicity. To attribute the charitable intent to the speaker on the basis of some words used in context is to condone the method of phrasing (within some tolerances). To interpret charitably (without interjecting and saying, “Whoa, whoa, whoa — what?”) is to accept that the underlying proposition clearly matches the manner of speaking. This is semanticide, and against part of the foundations of communication which any rational conversant must abide by.

The moral of the story is that, within some tolerances, felicity trumps charity.

Error 2. Ignoring the speaker’s goals. What does it mean to attribute to a person the “strongest” interpretation? We might say, wrongly, that it would be to grant them the interpretation that is closest to the truth. But obviously, this doesn’t make sense. To follow one famous Davidsonian line of thinking: if we grant that the meaning of a proposition is its truth-conditions, then the possibility of having false beliefs (and correcting false beliefs in others) forms a formidable basis for our grasping the meaning of propositions in the first place. In other words, you have to understand the utterance on the basis of what is most defensible in terms of the speaker’s beliefs, and not necessarily on the basis of what is true.

So it is far more important to take an examination of the speaker’s goals, personal projects, social situation, and so on, and then decide what would be the strongest interpretation from their point of view. So if someone from the Heaven’s Gate cult says, “Soon I will be over the moon!”, the strongest interpretation would not be to interpret them as meaning “Soon I’ll be happy”, which may be plausible as a matter of fact; but rather, we may go further and attribute to them the crazy belief that they will be, in fact, above the moon. Evaluation of truth need not apply.

This demand for verstehen applies just as well to practical-normative cases, where appeals to “truth” and “falsity” don’t enter the picture. If I go to the local park and see a sign that reads, “No motorized vehicles permitted”, am I supposed to infer that the judge or lawmaker who made the sign has banned those in motorized wheelchairs from the park? Of course not. The goal of the law which the lawmaker had in mind is easy to infer — namely, “Don’t park your car on city grass” — because we know the lawmakers are (supposed) to have public wellbeing in mind; and banning wheelchairs would be plainly working against that goal. If it were well-known that all lawmakers were a shifty bunch, and had a distaste for the handicapped and elderly, then we might make another interpretation.

There are consequences to accepting this wisdom. How many times have we heard this trope: “If we assume that Mr. Writer So-and-so was really smart; and that this interpretation of his words makes him seem really stupid; then we must interpret them as having meant something else”? All it takes to blow this bit of aphoristic pomp to shreds is to note that, in philosophy, one has to get used to seemingly ridiculous arguments which were made by really smart people. The fact of the matter is, people have different goals, different thoughts, beliefs, desires, intentions. To assume that intelligence implies this-or-that interpretation is just silly, once we take into account the actual goals of the writer, and really come to accept that other intelligent persons may sometimes have wildly different beliefs than ourselves.

Textual Revelation?

Some people seem to believe in “textual revelation” as a truth criterion. I don’t get it. What kind of truth criterion is that supposed to be? I read a (presumably ancient) text and interpersonal truth is revealed to me? How? By whom? Does it work with any text? How do I know what qualifies as bona fide revelation and what’s just a figment of my imagination? What if my “textual revelation” is different from yours? Who wins? How do you know that I’m not just faking it? Textual revelation is nonsense, plain and simple. If anyone could point me to a source that suggests otherwise, I’d be much obliged.

[tags]philosophy, textual revelation[/tags]

Freeing speech & limiting acts

In reply to a recent thread, Cosim had two pressing concerns over the ethics and legal philosophy behind free speech.

(1) “I’m not sure why the law should tolerate racist opinions; general propositions don’t decide concrete cases. For example, to take the Brandenburg case from American constitutional law, Klansmen spoke about sending “€˜the Black back to Africa, the Jew to Israel”€™. Although the threat was surely not imminent, I’m not certain why a society should permit such talk, even if it is only that: talk by white men in white bedsheets.

In such a case, the risk-of-error – supression of speech that might in the long term come to good – seems exceedingly small so I think one can saely consider the limit of this over onto zero.”

(2) “Speech/act distinction: how viable? It’€™s mentioned several times, and I’m unsure as to whether and how much useful it is.”

On the surface, their arguments seemed somewhat plausible to me, for two reasons. One, I’m a Canadian, and I’ve grown up in a legal climate which is not especially interested in tolerating abuse in the name of free speech. True enough to that tradition, I can’t help but admit that I have no sympathy for hatemongers. Two, there is a distinction between the freedom to express content and the freedom to make particular speech acts, where the former is treated as sacrosanct, while open season may be declared on the latter. Yet this distinction can be troublesome. For instance, elsewhere in comments, I’ve admitted that the law may be more flippant with some kinds of cases of speech, and more wary with other kinds. For certain kinds of claims have a traditional rhetorical force than others; imagine the difference between an activist’s impassioned plea for desegregation as a direct commandment of the Constitution, versus a man giving an impassioned plea for the liberation of turnips. The former has a force on our sympathies which the latter obviously doesn’t, and the distinction in some part rests on the content, and not the manner of speech. The former would seem to have more political force than the latter.

Still, flying by on one’s initial reactions is a crappy way to live one’s life, so (1) and (2) need further examination.

(1) Let’s say for the moment that what Cosim says is true for a certain category of cases — in other words, that the speech act will always produce some kind of bad, and avoidable, consequence. If what he/she says is true, it would seem that the utilitarian (like myself) would be compelled to make an exception against free speech in that kind of case. The topic then zeroes in on the question, “Is free speech really a right?”.

I want to say, ultimately, “yes, it is a right”, because there’s always the worry about a slippery slope. So we have to ask ourselves two questions:

First, will the exception made by the community have a negative impact on its habits — i.e., will it weaken or destroy our understanding of “rights”? I believe so. Still, if the distinction we make is a principled exception, then that might seem more permissible — though it’s like a stop-gap measure which protects us from the collapse of a dam.

Second, will a principled exception made by the polity have a negative impact on the polity’s habits of enforcing rights? The entire judicial system works on the basis of precedent, so the answer seems to be an undeniable “yes”. But what do we figure would be the extent of the damage? Would people simply accept the exception to the rule, and leave it at that — or would they use it as a springboard for further erosions?

It’s hard to say; so much seems to be context-contingent. And if we do look at the present context, I can’t help but be pessimistic. Just think of the fiascos of recent years. The political attitude appears to be an eagerness toward the suppression of free speech, both in America (Bill Maher’s firing), Europe (anti-Islamist postures), and the Mideast (Danish cartoons). That worries me. But anyway, giving the benefit of the doubt, I could at best only claim agnosticism about the possible consequences. But whenever I’m blocked from the application of the principle of utility into a judgment, I must err on the side of principle — in this case, in favor of free speech. This “deontology-as-a-last-resort” attitude is perhaps not at all convincing. But I think it is no more convincing than any sweeping argument that the principled erosion of some right will have no potentially disastrous impact at all upon the way that right in general is applied (and understood) in the future.

(2) I worry about the viability of the act/content distinction as well. First, there’s obviously the worry that people will, in practice, make errors in applying the distinction. But there are also worries about whether a speech act can be divorced from the context of the act and the sensitivity of the audience, which would affect the force of the perlocutionary act.

What are we talking about here, in plain terms? I must confess, I don’t even know. Really, it doesn’t seem as though there’s any such thing as a perlocutionary act. For an act is supposed to be the product of some agent’s intentions; yet the perlocutionary act varies from audience to audience.

For example, let’s say that a popular comedian, Lenny, gets on stage before a large audience. Let’s also say that part of Lenny’s act is to make racist-sounding remarks in order to parody racist people. Most of the audience laughs at the joke. But let’s say that a prude in the audience, Richard, doesn’t quite understand that Lenny is actually mocking racists — rather, he thinks that Lenny is himself being a racist. Richard despises racists, and so, is offended. Now — given that because an act is supposed to be the product of some agent’s intentions, and given that we are working with the definition of “perlocutionary act” linked above — Lenny has performed an action, and that action was to offend Richard. But Lenny never intended to offend Richard; so how could he be said to have performed the act of offending him?

If we were to maintain that Lenny’s perlocutionary act was to offend Richard, nonsense would follow. Not only have we seemingly washed away the distinction between action and a mere consequence, we’d seem to have to say that the expressed content of the joke was all there was to the speech act.

A more nuanced examination would say something like, “Lenny’s speech act was to tell a joke; his perlocutionary act was to make the audience laugh; but a latent consequence was that Richard was offended”. But if that was the case, then Richard’s hurt feelings would not be the target of a perlocutionary act, but rather something else. Still, happily, the act/content distinction would seem undamaged in this case, because we can point to the content of the words and then contrast it to communicative intentions in a social context.

Perhaps Cosim had other concerns about how the viability of the distinction might be challenged, but the above was (I think) my big lumpenworry.

Mourning the Victims of 9/11

Given Hanno’s post directly below, it is particularly appropriate to examine the question to what extent we ought to mourn the victims of the 9/11 attacks, relative to those who die from many of the causes mentioned in the chart in Hanno’s post.

In response to this post of mine on the anniversity of the 9/11 attacks, Alex Gregory of Atopian commented that I seemed to be writing as though the lives of the 9/11 victims mattered more than the lives of others who have died from other more common causes (e.g. cancer, car accidents). In order to do justice to Alex’s remarks, I’ll quote him in full:

Sometimes academic discussion about these things can seem alienated and innapropriate, and I certainly don’t mean to downplay the idea that many people did lose their lives, which is certainly a very bad thing.

However, with those two caveats noted, I have the impression that you’re a consequentialist kind of person. If that is the case, then why do you mourn these people more than the greater number who have died from cancer, or heart disease, or car accidents, and so on?

That, as I say, is not to say that 9/11 wasn’t a very bad event. It’s just that what was bad about it is surely the badness /for those people who lost their lives/ (and those who thereby lost a loved one). But equally, there are more people who experience equal badness from other causes. Why the disproportionality?

First, Alex is right that my views in ethics are broadly consequentialist in character. Furthermore, it seems clear enough that one need not even be a consequentialist in order to think that, all else equal, every death is equally morally bad, regardless of its cause. The deaths of those on 9/11, tragic as they surely were, were in themselves no worse than many other deaths. Nevertheless, it seems to me that there is at least some reason to think that those deaths deserve more of our attention than at least some other deaths, for example deaths resulting from car accidents, not because the deaths are in themselves worse, but because their cause differs from other causes in certain important ways (I will not deal with deaths from cancer in this post, because it is, I think, a much more difficult and complex case than that of car accident deaths).

In some sense we as a society choose to subject ourselves to a certain amount of risk when we allow people to drive, and we as individuals subject ourselves to a certain amount of risk every time we get in a car. We know that so long as people are driving in the numbers that they do, a certain number of people will die as a result of car accidents. We can do much to mitigate the risks (e.g. build safer cars, strictly enforce drunk driving laws, etc.), and we should certainly do all these things unless the costs are prohibitive, but we cannot eliminate the risks entirely. We accept this risk because the benefits that the overwhelming majority of us obtain from being able to get to where we need to go by driving outweigh the very high costs that wind up being imposed on the unfortunate victims of car crashes (and, of course, their loved ones). Given the severe costs suffered by those unlucky individuals, the only justification for allowing anyone to drive at all is that such a policy provides smaller benefits to a much greater number of people, enough to outweigh the costs. This requires that we accept that, at least in some way and to some extent, benefits can be aggregated across persons and weighed (this sort of case is a significant problem for those, like Scanlon, who reject aggregation entirely, and want all justification of actions and policies to be individualistic). The cause of the deaths that occur in car accidents, then, tragic as those deaths surely are, is one that society plans for and accepts as the cost of allowing the majority the benefits provided by driving.

The cause of the deaths on 9/11, on the other hand, was not a danger that our society chose to subject itself to in order to gain benefits. Some might argue that the danger should be considered at least foreseen as a result of our government’s policies in the Middle East, and that therefore the risk was imposed on us by our government. First, this would not make the case exactly analogous to the driving case, since the 9/11 attacks required deliberate action on the part of agents that was surely not justified, no matter how unjust we think U.S. Middle East policy is (and surely it is unjust). Second, even if our government did impose foreseeable risks on us, and failed to do all they could to protect us from those risks, and even if most of us do gain some benefits as a result of U.S. Middle East policy (e.g. cheaper gas), many of us think that we should not be pursuing those benefits or taking on the associated risks at all (we might think this for purely prudential reasons, or for moral reasons; it does not matter for my purposes). But I doubt that very many people think that we should disallow driving entirely in order to avoid any deaths from car accidents (though we should, I think, endorse a significant reduction in driving for environmental and economic reasons).

Because of this difference in the cause of the two types of deaths, I think it is much more important, as a political and social matter, to remind ourselves of the deaths on 9/11, and to have a public debate over how to prevent further such deaths, than it is to remind ourselves of the deaths of car accident victims. This is not because the lives of the 9/11 victims mattered more; surely they did not. But the need to avoid further such deaths in the future is great, while there is no such need to avoid future deaths from car accidents (it would be wonderful if we could, but we can’t without giving up the ability to drive).

Finally, let me acknowledge a significant omission in my original post to which Alex responded. I mentioned the deaths of those who died in the World Trade Center, but neglected to mention the now greater number of American soldiers that have died in Iraq and Afghanistan, as well as the much greater number of Iraqi and Afghani civilians who have died as a result of our nation’s military actions in those countries. Their deaths fall into the same category as those who died on 9/11 (at the very least all those who have died in Iraq fall into this category, for surely neither we in the U.S. nor the Iraqis are better off as a result of the war there), and deserved to be mentioned right along side them.

Democracy and Civil Disobedience

In this post over at Philosophy, et cetera Richard Chappell suggets that in liberal democratic societies civil disobedience may never be morally acceptable. He says of radical activists (including those involved in the actions described here, whose tactics seem to have played a role in motivating his post):

These dogmatists feel so assured of the infallibility of their moral opinions that they’re willing to coercively impose them on others. This implies a startling disrespect for one’s fellow citizens. If you’re really in the moral right, then you ought to be able to persuade your fellow citizens of this, and hence get the needed reforms implemented through legitimate democratic processes. Hence, if you can’t succeed democratically, perhaps it’s just as well…

Now surely Richard is right that many radical activists are excessively self-assured in their views, and tend to be unwilling to seriously and honestly consider the possibility that they might be wrong (I discuss some reasons why this might be the case, in particular among student activists, in my very first post on my blog). And it seems reasonable to think that the activists involved in the animal rights action described in the above link fall into this category; let me be clear that I strongly disapprove of their tactics, given the totality of the circumstances surrounding their actions, despite the fact that I tend to agree with their motivating belief that nonhuman animals’ suffering ought to be given much more weight than it currently is in our society’s moral consciousness.

But it seems also to be the case that even in societies that can reasonably be considered democratic, it is false that, “If you’re really in the moral right, then you ought to be able to persuade your fellow citizens of this.” Just as radical activists tend to have an inflated degree of confidence in their views, so the general public tends to have an inflated degree of confidence in prevailing views on the very same moral issues that motivate radical activism (and others besides). Indeed, radical activists are often motivated to engage in civil disobedience out of (often legitimate) frustration with attempts to convince others of the importance of their cause. Animal rights activists, for example, are often portrayed by the media as out of control vigilantes (the above link shows that this characterization isn’t always wrong), even though most surely aren’t, and this is one reason that most Americans tend to be not just uninterested, but hostile to animal rights claims, despite the fact that the arguments in favor of greater moral consideration for animals are quite strong. The strength of the arguments for a cause, at least in some cases, does not mean that there is much chance that the public can be convinced that the cause is just.

Of course the fact that a cause is just, along with the fact that the public cannot be convinced of this, does not necessarily mean that advocacy of the cause through civil disobedience is morally acceptable. In many cases, including the above animal rights case, civil disobedience will be counterproductive, at least in the long run (for example, these tactics make it even less likely that the public at large will take seriously the case for animal rights). In other cases the injustice is simply not serious enough to justify attempting to rectify it outside the democratic process; for surely there are strong reasons not to engage in civil disobedience in a liberal democratic society that do not exist in non-democratic societies. I simply maintain that these reasons can, at least in principle, be overridden by the reasons provided by severe enough injustices to do whatever one can to rectify them. Richard seems to disagree:

What if one lived in a society that overwhelmingly endorsed slavery? Would it be wrong to “illegally” help slaves break free? That might seem a tough bullet to bite, but I think there is some plausibility to the idea that – even then – one would do better to work through legitimate channels (if such exist). Changing public opinion would have more significant long-term effects than isolated lawbreaking in any case, so could be preferred even on fairly crude utilitarian grounds (so long as such efforts are sufficiently likely to succeed). And again, we need to factor in our own fallibility: it’s not entirely obvious that in such a situation we would have sufficient epistemic justification for our anti-slavery beliefs to warrant coercive action on their basis.

Of course Richard is right that changing public opinion, if one could succeed in doing so, would be much better in the long run than whatever benefits would be obtained through civil disobedience (assuming that such civil disobedience would not itself be a factor in changing the public’s collective mind about an issue, which can surely happen – Rosa Parks’ courageous act of protest on a Montgomery bus is a clear and powerful example). But for many activists changing public opinion is simply not an attainable goal, especially in societies that, though democratic, have poor standards of public debate, or worse, have a public debate that is largely controlled by pro status quo forces that own nearly all of the media, such as is largely the case in the U.S. (though the internet has, I think, improved the situation overall, despite the fact that it has given rise to problems of its own). When one knows that she has no chance of affecting public opinion or government policy, and passionately believes in a cause, what is she to do?

Richard suggests that she should do nothing, since one can never be sure that she has “sufficient epistemic justification” for her beliefs to “warrant coercive action.” Even in a society in which slavery is widely accepted, perhaps it is better to simply defer to the majority on policy until such time as prevailing views change (if they ever do), since we are all fallible and could, for all we know, be mistaken in opposing slavery. Though I think this view is actually more plausible than it may initially appear (after all, we are all fallible, and there are very strong, though overridable, reasons not to engage in civil disobedience in liberal democratic societies), there are problems, particularly in the case of slavery. First, it seems to me that any society in which slavery is legal cannot legitimately be called a liberal democracy. Without going into the details of what makes a society democratic (this would make an already too long post much longer), it seems clear that simply having elections is far from sufficient; legitimate liberal democracies must protect certain individual rights, and allowing slavery certainly violates this requirement. We can even imagine that slaves are given the right to vote, but because they are outnumbered by pro-slavery citizens, their favored (anti-slavery) candidates inevitably lose elections, and so they are condemned to their lives as slaves against their will by the very democratic process that Richard suggests makes civil disobedience necessarily unjustified.

Furthermore, if we accept that our fallibilty with respect to our anti-slavery beliefs means that we should not engage in civil disobedience in order to free slaves, then we ought to be at least as skeptical of our committment to democracy. And if we allow that this sort of radical skepticism should undermine the reasons that we take ourselves to have to work to free slaves by (just about) any means necessary, then it will also undermine the reasons provided by the existence of democratic institutions not to engage in civil disobedience. And then it seems that many of the reasons that we ordinarily take to be legitimate guiding forces for our actions will lose their force. From this state of radical skepticism about our own most strongly held moral beliefs, it seems that conservatism about civil disobedience is just as arbitrary as endorsement of radical activism. We cannot, from this position, either endorse or condemn civil disobedience to free slaves or for any other cause. If we give up the reasons for civil disobedience provided by our anti-slavery convictions due to an acknowledgment of our fallibility, we give up the reasons against that same civil disobedience in the process, and are left without much to say on the subject.

In a comment in the thread for Richard’s post, he gives the following principle that he says underlies his position (along with others that are not as troubling):

The Epistemic principle: No matter how awful X seems to you, if you can’t rationally convince your fellow citizens then you’re probably wrong about it, and so have no business engaging in coercion.

This principle seems to me not just false, but obviously false, and beyond that, dangerous. In effect it is the claim that prevailing views on all issues are likely to be correct, so long as those prevailing views are sufficiently resistent to criticism. But throughout history many of the views that were the most deeply entrenched and resistent to criticism have been ones that we now consider obviously wrong (e.g. slavery is morally acceptable, women should not be treated equally to men, etc…). The fact that one cannot “rationally convince her fellow citizens” of a view is, I think, not much of a reason (if it is a reason at all) to think that she is wrong in her belief.

Finally, Richard treats the democracy condition, which he takes to be a defeater for any claim to the legitimacy of civil disobedience, as an all or nothing matter. Either a society is a liberal democracy or it is not. I’m inclined to think, however, that societies can be more or less democratic, and that this can affect the legitimacy of civil disobedience. For example, a society with publicly financed elections, proportional representation, a multi-party system, and a diverse media that provides outlets for a variety of views on important social, political, and ethical matters, should be considered more democratic than a society like the United States, in which politicians can easily be bought, elections are an all or nothing matter dominated by two parties that don’t differ much on many key issues, and the media is heavily consolidated and managed by pro status quo forces. In societies that are democratic to a lesser extent, the reasons provided by democracy not to engage in civil disobedience are, I think, more easily overridden, though they still possess significant force.

Some preliminary remarks on the study of power

There are a couple of different ways to look at power.

Sociology is supposedly divided into two camps: “conflict” theorists and “consensus” theorists. As far as I can tell, this means that some people enjoy describing society at large as an eternal struggle for egoistic benefits, and others enjoy describing it in terms of voluntary agreement. No doubt they will have things to say about power relationships. Well, these are both, I think, fairly unserious characatures so long as they pretend to be exclusive theoretical claims.

We have some other, related suggestions.

1. On the one hand, we have the idea that power is trust (or acquiescence), as Matt Wood recently suggested. I think there’s a lot going for this outlook; it seems to be able to account for group power, and community power, in a way that other traditions haven’t. But ultimately it’s still incomplete without discussing depedency and fear.

2. Another bundle of theories include the exchange theories of power, which are a cousin of contract theories of government. Such theories explain the emergence and structure of power as being based upon voluntary relationships which occur in order to secure mutual rewards.

One candidate for explanation along the lines of personal exchange has been the power-dependence tradition. According to the preliminary work in this tradition, a person (A) is said to be powerful when others (B) are more dependent upon A for certain rewards than A is dependent upon B.

The theory has the advantage of making a testable (and successful) prediction: asymmetry in dependence leads to an asymmetry in benefits. However, it also seems to have difficulty with explaining acquiescence and community norms, and how these are shaped by power-relationships. Moreover, the preliminary work in the tradition seems to underplay the role of fear and coercion, in favor of a view based on positive exchanges, rewards, and opportunity costs.

3. Later work in the power-dependence tradition investigates power as originating out of both rewards and punishments. So we can just as easily speak of bartering tomatoes as we can of blackmail. This seems less arbitrary. The language of “voluntariness” is exchanged for a more realistic picture, and the label of “dependency” is stretched pretty thin. Also, it loses out on the insight that trust is (or can be) a part of power.

4. Still other theories understand power as the product of domination and terror. This doesn’t need to be the same thing as dependency theory, because all that is required is the subject’s personal terror, not necessarily needing the threat of harm.

If we take all of these suggestions seriously, the emerging picture tells us that fear, dependence, and trust are different spheres of influence, and that each plays some role in an overall picture of what it means to have power.

Power and Legitimacy

Matt Wood’s thoughts on power raise a number of important issues. Ben suggests that questions about power can be separated into 1) questions about what individuals in fact have the power to do, and 2) questions about whether the exercise of certain powers that individuals have is legitimate. Questions in the first category are purely empirical; as Ben says, “power, like any ability, is demonstrated through its exercise.” In this sense, then, the statement “President Bush did not have the power to authorize the NSA wiretapping program” is false, due to the simple fact that he did authorize the program, and citizens were wiretapped. Questions in the second category, on the other hand, are normative, though I think the precise nature of such questions requires some spelling out, and perhaps some further distinctions.

Consider again the statement “President Bush did not have the power to authorize the NSA wiretapping program.” There are multiple things that one might plausibly mean by such a statement. Most obvious among them is that Bush did not have the legal authority to authorize the program. Someone who intends the statement in this way believes that the program itself violates some previously existing (and valid) law or laws, or that it violates certain fundamental and legally guaranteed rights, and is therefore unconstitutional. But Matt raises an interesting point about claims of this sort. In our society it is generally accepted that the courts are the arbiter of legal authority, and because of this it might seem that whether or not the program is legal (and even whether it was legal at the time of implementation) is determined only after the courts have ruled on the issue. If the statement is made prior to any legal ruling regarding the program, then, it might be taken as a mere opinion about what decision the courts should make, given the speaker’s interpretation of the law. Whether or not Bush actually had the power, in this normative sense, to authorize the program, depends on how the courts rule, and (as Matt points out) on whether the public acquiesces to the ruling (of course the public almost always does acquiesce, for a number of reasons, including the fact that the courts tend to follow public opinion, at least on highly publicized issues). In fact, Matt seems to suggest that there is not much more to the legitimacy of an exercize of power than that it is accepted as legitimate by others:

“Legitimacy” exists insofar as individual B ratifies A’s action, either by reference to personal values or institutional structures. Legitimacy exists at the level of individual belief (B’s here), but nothing prevents a belief in legitimacy from being a function of group approval, as in the case of constitutional amendment.

So, since the general population accepts that it is the courts’ role to interpret the laws and the Constitution, then their doing so is legitimate, despite the circularity worries that Matt highlights. And, assuming the courts come down in favor of Bush, he had the power to authorize the NSA program all along, despite the legal ambiguities that existed prior to the ruling.

But might someone also make the statement “Bush did not have the power to authorize the NSA program” even after the courts have ruled the program legal? Perhaps the statement would be made in a slightly different way at this point; in fact, it might be put in terms of legitimacy, as in “authorizing the program was an illegitimate use of power.” In the legal sense discussed above, this is false. The courts have ruled, and the public has not risen up against the ruling; therefore authorizing the program was legitimate in the legal sense. So it may seem that the answer to Matt’s question “can one dissident voice validly stand back from the mass of consensus and say, “I know you all believe he had the power, but he *really* didn’t,” or the converse, “I know you all believe he didn’t have the power, but he *really* did?,” is no, both in the empirical and legal senses.

But is this the whole story? Like Ben, I am inclined to think not. It might seem that once the courts have ruled in Bush’s favor, it is simply false, in every possible sense, to say that he did not really have the power to authorize the program. But there are at least two objections to this conclusion, the second, I think, deeper than the first. The first is simply that the courts may, at some point in the future, reverse their decision. If and when that happens, even if it is decades into the future, it might seem that Bush in fact never actually had the (legitimate) power to authorize the program, not even during the period between the decision in his favor and the later reversal (think about what we might say about the legitimacy of the Fugitive Slave Laws in the period immediately following the Dred Scott decision, now that we are able to look back on that decision long after it has become conventional wisdom that it was disgraceful).

The second objection, which I think is the more interesting one, is that because the courts tend to rule in accordance with prevailing public opinion, they sometimes misinterpret the law, particularly in cases about which public passions are enflamed (consider, for example, cases in which religious displays on public property have been ruled legally acceptable). This view depends upon the premise that there are determinate answers to at least some legal questions prior to actual court rulings on those questions, which is something that Matt seems inclined to deny. Still, at least in certain cases, it might seem clear enough that a decision has no plausible basis in the law, or in the Constitution. And in these cases it might seem reasonable to call a policy illegitimate even after a court ruling has determined the policy to be legal.

Final note: A third objection might involve the claim that “legitimate” powers must meet some standard of moral, in addition to (or perhaps rather than) legal, legitimacy. The Dred Scott decision may have been entirely legally sound (given the Constitution and existing law), as well as generally accepted by the public, but we might still think that those who executed the Fugitive Slave Laws were, in some sense, exercizing illegitimate power. This, however, seems to me a slightly different sort of issue, and I bring it up merely to highlight the difficulty of nailing down precisely what is meant by talk of “legitimacy”.

Matt Wood: “What is power?”

Matt posted a mini-essay recently in the comments section of the “10 Worst Books” thread which I think itself deserves discussion. After musing over a particularily apt headline on “The Onion”, he writes:

The central premise of American government is that all legitimate power flows from the Constitution. And yet the Constitution is not a self-executing document; some degree of interpretation is required. So let’s take a few basic propositions:

i. The Constitution grants power.
ii. The power to interpret the Constitution equals the power to grant power.
A. Therefore, when the President claims the power to interpret the Constitution authoritatively, he is claiming the power to grant himself power.

Such a claim should sound mental alarms for several reasons. First, it raises specters of unchecked power. Second, as a formal matter, it seems to violate the doctrine of separation of powers (which is designed to guard against the first danger).

So where would this putative power to interpret flow from? Perhaps the President would claim that executive power to interpret the Constitution can also be found in the Constitution, by implication. But this is a circular argument: The basis for the power to interpret is itself an interpretation, which begs the question.

[A comparison can be made to a religious figure who bases his authority to interpret scripture on the basis of (an interpretation of) scripture.]

Let’s examine this phenomenon from the perspective of a legal layperson, with no concrete knowledge of the content of the Constitution, much less a copy close at hand. The President’s appeal, while illogical, operates on the level of rhetoric: if individuals believe that yes, he does have the power to claim that the Constitution grants him the power to interpret the Constitution, even though such a claim is premised on a circular power of interpretation, these believers will act as if this power exists. In effect, they will grant those powers to him ‘extra-constitutionally’ by their acquiescence. [The line is apparently thin between our attention to the substance of a claim and our attention to the status of the individual to make the claim. The more believable the claim, the less likely we are to question the status of the individual to make it authoritatively. Under our current system, presidential persuasion of the general population would likely constrain Supreme Court decision-freedom. In other words, the presidential claim becomes imbued with a sense of ‘objective truth’ which constrains the formal authority’s decision-making freedom, effecting a subtle but de facto shift in the distribution of interpretive power.]

Take the following example:
The president takes controversial action. Two universes are possible, depending on how well the President subsequently makes the case that his actions were constitutional. In the first, the people are persuaded and believe that yes, he *had* the power. In the second, persuasion fails, and the people believe that no, he *did not* have the power. Note the tenses that accompany these beliefs. They seem to suggest that subsequent persuasion can determine prior existence. A strange reversal of causality’s normal chronology, to say the least. The burning question seems to be then: is there any valid sense in which power exists apart from belief, or is it just a reification constructed on the grounds of belief? This is especially thorny when we consider that people may be persuaded on grounds other than the merits of the claim to power – perhaps almost solely as a function of trust. If we can acknowledge that the success of the president’s persuasion bears no *necessary* relation to things such as the intent of the framers, prior history of the nation, etc. (even though such devices may enhance persuasiveness), can one dissident voice validly stand back from the mass of consensus and say, “I know you all believe he had the power, but he *really* didn’t,” or the converse, “I know you all believe he didn’t have the power, but he *really* did.”

A description of power as reification is consistent with the notion that if every person outside government simply stopped believing that the social structures of government had any power to control their actions – that its laws have the power to bind them, that its subpoenas are anything more than junk mail – and recognized the system as just cooperative associations of role-playing individuals, government would cease to exist as a psychological, and perhaps therefore ontological, matter. [Something akin to this process probably happens during civil wars or when empires are in a state of dissolution.]

So why would anyone be vulnerable to the President’s circular claim that the Constitution grants him the power to interpret the Constitution? Perhaps because they actually believe that the Constitution really does ’say’ something on the matter, and that his claim is reasonable and believable.

This is consistent with the notion that the Supreme Court authoritatively interprets the Constitution’s meaning, which is reified as something discoverable, not created in the act of interpretation. So where does this interpretive power come from? Marbury v. Madison, and something more like natural law claims than constitutional interpretation. But a parallel question is raised: if the Supreme Court invokes the power to interpret natural law, on what is this power based? Ultimately, I think, the answer is that it derives simply from our belief in it, our acting *as if* it were true. And if the existence of power is ontologically dependent upon belief, the relevant question, in response to a claim of power, ceases to be a descriptive “Does X have the power?” and becomes of necessity the normative “Should X have the power?”. If we do not believe X should, then the avenue of counter-persuasion is available to us.

By “belief” in the context of Matt’s example, I take it his total meaning is something like “popular belief in the legitimacy of the execution of power by so-and-so”. If I’m reading him right, then popular belief in legitimacy seems far from enough to be a characterization of power in general. Rather, what Matt has put his finger on is a special kind of power — organizational power. But social power more generally can also involve illegitimate force and coercion, which haven’t got much to do with legitimacy; the barrel of a gun can be mighty convincing, even though the victim sees no legitimacy in its exercize. (Of course, it barely needs to be said that there can be non-social kinds of power, as well: my free will is a kind of personal power, and my ability to manipulate objects is an inanimate power, and so on.)

Still, Matt is very much on the right track by identifying trust as one source of power. It just needs to be emphasized in this context that fear is another source. Once we take both to heart, we have a plausible model of societal emergence (Matt calls it “extra-constitutional acquiescence” here) which is capable of replacing the contract theory paradigm in the social sciences at large.

The conundrums involved in Matt’s “two universes” example are especially illustrative of another point, I think — the question of the ontology of power. His examples seem to describe the reality behind power in a plausible way. But there’s a certain “What the hell?!” factor which arises in the cool hour when we try to digest the lesson here. Rationally, we want to say that either a person has power, or they don’t. It smacks of the memory hole to think that whether or not power exists can be decreed after the fact.

This conundrum, I think, can be resolved once we realize that this doesn’t apply to power itself, which is more or less objectively observable, but rather, to the legitimate or illegitimate status of power, which is more subjective. Matt’s dissident character would be wrong to say that an illegitimate leader lacked the power to do what they did. Power, like any ability, is demonstrated through its exercize.

Still, there may be more to say in defence of Matt’s idea that power in fact and as norm are intertwined. And we would be fools not to pursue this interesting line of inquiry! Still, it just seems to me that it can’t be the whole story.

Conflict, Cooperation, and the Value of Democracy

Every human society experiences both conflict and cooperation. Conflict, more often than not, is conflict over scarce resources, in other words, an economic problem. (There are other types of conflicts as well, but economic conflict is as close to universal for humans as it gets.)

  1. One prominent way of dealing with economic conflict is violence: If I want X and you want it too but we can’t both have it at the same time, then we will have to fight.
  2. Another way of dealing with scarcity is organized production. If I want X and you want it too, then let’s work together (= let’s each specialize and trade) and make more of X or improve X. There have been surprisingly few patterns of organizing production in history. They broadly fall into the categories of tradition (e.g., casts, guilds, apprenticeships, etc.), authoritarian rule (e.g., soviet-style central planning), and market exchange (e.g., barter, bazaars, eBay, NYSE). Virtually every real-world system of organized production that exists today contains elements of each.
  3. A third way is some arrangement by which you and I transform our preferences so that we no longer want X (or want less of it). Virtually every such arrangement aims at replacing (or tempering) our self-interested nature with some form of altruism.

Only option (3) requires agents to change their preference structure and thereby presumes that such a thing is possible. In contrast, options (1) and (2) operate mostly at an agent-external level, which is why realists instinctively feel drawn to (1) and (2) as explanations for human behavior and (3) has held great appeal for idealistic reformers of both secular and religious ilk.

Let’s assume for the sake of argument that humans, by and large, are in fact fundamentally self-interested, and that they are unlikely to change in that regard. That rules out (3) as a viable approach to solving the economic problem. As between (1) and (2), the latter has proven to be significantly more successful at minimizing scarcity and thus the potential for violent conflict over scarce resources. As within (2), the “free exchange” mode of organizing production is not only more efficient but also most compatible with notions of fundamental equality (e.g., no casts) and democracy. That, I believe, is the kernel of truth in the adage that “democracy follows free markets.” However, democracy follows free markets not because they both share some fundamental commitment to freedom, but rather because free markets are efficient at avoiding violence as a means of solving resource conflicts and, unlike authoritarian and traditional patterns of organizing production, are compatible with our phenomenological experience of and belief in self-determination and the resulting urge to have a say in matters concerning ourselves. In addition, the majoritarian character of democratic rule is a structural counterweight to the tendencies of free markets to produce economic elites with disproportional influence over both, the economic and the political system. The bottom line is that of all political economies within (2), the “free market plus democracy” combination seems to have emerged as the most successful means of avoiding violent conflicts over resources by means of growth and innovation – humans being what they are. That is not to say, of course, that humanity won’t self-destruct in one way or the other. There’s a good chance that it will, for example, by continuing to pursue growth qua growth over growth qua innovation, by remaining in the grip of traditional and religious superstition, and by a single-minded focus on the short run. But it means that if there’s a solution to these problems, it is to be found within (2), not within (1) or (3).

What I find attractive about this bare-bones model of both the economic the and political system is that it provides at least the outline of an explanation for what I observe in the real world without requiring me to make assumptions about human nature beyond some fairly basic propositions such as virtually universal self-interest. In addition, it seems that the above is at least continuous with the results of hard science and history, and should thus pass the test of m-naturalism. Why should we introduce intrinsic qualities of both freedom and democracy, if we can explain the world around us without them?
[tags]politics, economy, democracy, freedom[/tags]

Why Value Democracy?

In my post entitled Capitalism, Utopianism, and Democracy I say this:

What is perhaps most striking about the articles written by the free marketeers is that, despite containing a great deal of commentary on the role of government, there is no mention of democracy. They clearly emphasize that it is an essential role of government to protect free competition in the marketplace; nowhere do they also claim that it is the role of government to carry out the will of the people. … Their committment to capitalism is prior to their commitment to democracy (this, of course, is not unusual on the American right).

In his response, Hanno says the following:

This is clearly an accurate observation. Even though most free market libertarians are committed to the democratic process, that commitment is usually instrumental in nature. Most libertarians value individual freedom higher than democracy. But is that really a shortcoming? The libertarian concern with democracy is rooted in an individualist political philosophy. Any subordination of the individual will under the collective will, as envisioned, for example, by Rousseau, cannot be conceptualized as a realization of freedom from a libertarian standpoint. Freedom, for libertarians, is primarily a negative concept, defined roughly as the absence of arbitrary interference with the realization of an individual’s subjective preferences. As indicated above, libertarians and free marketers are suspicious of any form of “summing people up,” to use David Friedman’s phrase. Of course, a totalitarian way of summing people up under the banner of an official ideology is worse than the democratic summing up of individual votes, but the fear of majoritarian rule, however achieved, persists. That, I submit, is a perfectly reasonable concern, and treating democracy as a means to the end of individual freedom should not discredit a political philosophy on moral grounds.

While I certainly agree with Hanno’s concluding point that valuing democracy only instrumentally in no way discredits a political philosophy on moral grounds (one could certainly be a thorough-going consequentialist about the value of political arrangements and procedures), I wonder about the implications of this stance for libertarian views (such as Hanno’s) in particular. Specifically, it’s not clear to me that libertarians can argue, consistent with their view that individual liberty is intrinsically valuable, that the democratic process is only instrumentally valuable, insofar as it contributes to ensuring that individuals retain as much personal liberty as possible. After all, the democratic process is, at least ideally, the means by which individuals’ preferences are given voice in decisions about how society functions. It provides individuals with a forum to express their preferences regarding society’s political and economic structure, and the opportunity to have one’s preferences count in such essential social decision-making is, at least arguably, one of the most important forms of the individual liberty that libertarians value intrinsically. In fact, it seems to me a necessary element of any scheme of ordered liberty. Without the democratic process there is either a form of political authority that is not determined by the expression of individuals’ preferences, or else there is anarchy (it is, of course, conceivable that a regime not empowered through democratic processes might choose to adopt policies that reflect the popular will, but as a practical matter this is unlikely). It seems, then, that valuing individual liberty intrinsically may, at least in some sense, entail valuing democracy intrinsically as well.

Of course libertarians are likely to insist, and rightfully so, that society not be governed entirely on the basis of majority preference, because the majority is sure to support at least some policies that infringe on fundamental rights of members of minority groups. The question for the free marketeers that I discuss above, then, assuming I am right that valuing individual liberty intrinsically entails valuing democracy intrinsically, is whether the right to the sort of economic liberty that libertarians tend to endorse is a fundamental right (such as, say, freedom of speech and religion) that even the democratic process should not be able to take away. I contend that it is not. But that is a subject for a future post.

Putting an end to unsound examinations

/// What follows is the final installment of a series of examinations of utilitarianism from Harwood’s seminal essay, “Eleven Objections to Utilitarianism”, along with my demonstrations of how these objections are unsound. Previous installments address such topics as integrity, justice, promise-keeping, supererogation, average and total utilitarianisms, rule utilitarianism, and hedonism. ///

10. Utilitarianism makes interpersonal comparisons of utility.
What utilitarianism demands, implicitly, is that the happiness of persons can be compared to one another (usually using some abstract idea of a “hedon”, or unit of pleasure). However, this in itself seems suspect, since the experience of happiness is entirely a) idiosyncratic, b) subjective, and c) variant between persons. Thus, it seems bizarre, or outright impossible, to say that one may compare happiness across persons.

Harwood rightly dismisses this objection for a variety of reasons.

First, he stresses that utilitarianism allows for different means by which satisfaction may be achieved. So the fact that needles make me miserable without doing the same to you, doesn’t indicate anything about pain itself. Thus, the idiosyncratic nature of pleasure and pain can be dealt with by utilitarians.

Second, he argues that we regularly and commonsensically make interpersonal comparisons of utility. To illustrate, he writes that “we build freeways even though we know that it is just a matter of time before and innocent baby who would not have died nearly so soon had the freeway never been built gets crushed in an automobile accident on the freeway. But the great convenience of the freeway and the other lives saved by allowing ambulances and other emergency vehicles to use the new freeway … outweighs the harm caused to the crushed baby”. This seems to defuse some of the motivation behind the objection, although, as an appeal to this mysterious thing we call “common sense”, it falls short of being persuasive.

Third, he argues that interpersonal comparisons of utility have just as many problems as intrapersonal comparisons of utility; all the same arguments made against the former can be made against the latter.

This isn’t true, however. I may compare my imagined happiness in the future to that of the present, or the present to the past, and my act of doing so does not interfere with the objection that both are subjective experiences. But if I were to try to compare my experiences to another person’s, I would run into problems, because experience is always unique to the subject. The point — which is worth taking seriously — is that you can’t just lay out the contents of one person’s conscious mind, lay out those of another person’s, and compare the two. Minds just aren’t like that.

Still, I think that, for all intents and purposes, we may make comparisons between persons by taking our analyses with a few grains of salt. But even if we were to allow that such comparisons could be made in principle, we can rightfully ask, “Well, how? Put it in empirical terms, already”.

It is said that utilitarianism has served to be an inspiration to economic theorists, but one thing that economists have grown to accept is that happiness cannot be measured en masse. Rather, they tend to rely upon observing the preferences of persons, postulating through the use of models of human action that there is a connection between desire satisfaction and happiness. An economic sociologist and utilitarian could then argue that certain models of social action allow us to infer levels of happiness, at least in part, on the basis of satisfying desires.

I won’t begrudge the general epistemic point, although the calculation depends upon a plausible model of human action. The favorite of classical economists and vonMiseans, rational choice theory, is something which we now know is implausible, and has rightfully fallen out of grace across the social sciences. Still, I mention these things only to point out yet another place where utilitarianism appears to be in desperate need for coherant and plausible analytic social philosophy to help provide genuine moral guidance.

[Edit: So those are Harwood's first few rejoinders. But he also considers a second kind of thought-experiment. Let's say that there are two kinds of people: those who are disposed towards dourness, and those disposed towards contentment. The same effort that it would take to make the dour person happier by 2 hedons could also make the contented person happier by 4. This experiment tells us, then, that utilitarianism councils us to expend more effort on those who are easily amused, since they will produce greater hedonic dividends.]

Harwood’s objection to this experiment is fairly brilliant and deserves to be quoted at length. He accuses a thesis of variance between interpersonal happiness as leading to bad statistical mojo. “Even if satisfaction was as wildly unpredictable from person to person… would it not mizimize our margin of error if we assumed that each person’s satisfactions were comparable? It seems so. For if we started giving preference or extra weight to persons whose satisfaction was assumed to be weightier [i.e., someone who is easily and intensely delighted], then the wildly unpredictable nature of satisfaction … would imply that we are as apt to be preferring and weighting the satisfactions of the right persons… as those of the wrong persons. If we chose the wrong person and thus gave extra weight… to the satisfactions of a [dour person]… then we have compounded any mistake we would have made by considering all satisfactions comparable, and we have extended the margin of error further than it was.”

[Edit: I really haven't got much to add to this point, because I think Harwood offers a persuasive argument relative to what he's arguing against. My only caveat would be to point out that the objection need not state that the differences in temperament are wildly unpredictable in order to be morally salient. It might be obvious that some people get more happiness than others as a matter of character; it is not at all unpredictable. And so it really would seem worthwhile to help these persons over those of more phlegmatic temperament, which seems wrong.

The trouble with all this is the habit which it forces us to endorse a habit of arbitrarily helping certain persons over others, which (if taken to such extremes where moral intuitions would come into play) would violate the optimizing spirit of utility.]

11. Utilitarianism forces us to violate the publicity condition.
Ethics, to put it roughly, is the guidance towards right thought, action, and life. This rough definition uses the word “guidance”, which seems to imply a necessary social element. Based on these axiomatic truths, we can understand that ethics, in order for it to be what it is, must be a public phenomenon. It can’t be secretive.

But some utilitarians have argued that “it would be a mistake to let most or all people directly pursue maximizing satisfaction, since too many will show bias or incompetence in calculating what will maximize satisfaction”. I can see very good sense in this objection, because (as we’ve seen in this series) a number of unsound objections are based upon bizarre, unrealistic worldviews can use utilitarianism to create nasty and evil results. Utilitarianism is dangerous when used improperly.

This has caused some to remark that utilitarianism is “elitist” or “secretive”. But that’s not getting to the core of the problem. To put it another way, the moratorium on publicity can be invoked by admitting the sheer impracticability of making utilitarian calculations in the real world. We have already dismissed objective utilitarianism because it provides no succor except to those who can see the future — that is to say, none of us. Meanwhile, subjective utilitarianism gives us a wide range of possibilities and risks, which requires some cool-headed and informed deliberation which we often don’t have the opportunity to engage in.

This objection concerns me more than any of the others because it seems to be quite strong. The publicity condition must be defended. The intuition behind the doctrine arises out of an inescapable conviction that unwritten laws must be either exposed and treated with rational scrutiny, or be ignored. Human social life is largely a mystery for me, but mindless conformity to (and rationalization of) norms strikes me as one component of Arendt’s banality of evil, mentioned earlier. An attack upon unwritten laws strikes me as an attack upon that very thing. When we take it seriously, we (rightfully) understand that for any abstract system of laws which direct action, thought, or life, and which is incommunicable, or (just as well) are based upon mere thoughts or beliefs instead of speech acts, then those systems are amoral by default.

Moreover, the publicity condition seems to be necessary because it is supported by the most plausible doctrines of accountability. We may formulate a person as accountable for some act if they could not possibly be blameworthy (or praiseworthy) by a moral agent. And a person cannot be blamed for a law to which they had no way of knowing. Thus, the laws which a person are held to, must be made public, so that persons may be held accountable to them.

My argument is in favor of examining utilitarianism in a slightly different way. It should no longer be considered a fundamental norm; instead, it is a kind of supportive groundwork for any fundamental norms at all. What I would like to say is that utilitarianism is a meta-ethic. This kind of utilitarianism (or “meta-utilitarianism”) provides guidance to the ethicist, but not guidance in general, simply because when taken alone it wouldn’t be very good at getting the job done. Its purpose for the ethicist is to provide clarity and guidance when reasoning concerning moral quandries, and to spur forward more nuanced analyses of social science. Ultimately, however, guidance must be intelligible in short form, either in the form of rules or narratives, and these things will be more helpful in everyday life. Since its audience is limited to ethicists, it does not need to satisfy the publicity condition.

I can imagine the reader getting impatient, and yelling: “that’s still elitist!”. And certainly, meta-utilitarianism (MU) seems more aloof than classical utilitarianism in some way. The way I think of MU is as if it shared a relationship with ethics like that between geometry and soccer. [Special thanks to Mitchell Langbert (CUNY) for his emphasis on this fact in discussion]. Zinedine Zidane didn’t need to do complex calculations during the World Cup, but every single move he made was still compatible with geometric truths. Similarly, the virtuous person doesn’t need to perform utilitarian calculations in every ethical dilemma; but for any plausible ethical reasoning, it will have to be compatible with utility. I don’t think it is elitist for that fact, any more than geometry is elitist.

I come to this conclusion on the basis of examining the evidence in the harder cases presented in the series. None of them seem to be decisive, many often missing the point. But all of them conclusively show that more explicit decision procedures towards judgments are needed than mere postulation of the principle of utility. Indeed, utilitarianism does not seem to exhaust all that there is to say on the subject of moral guidance; to use just one example, it is not usually obvious when, and to what extent, considerations of the social system are to be counterweighed against considerations about individual happiness, and these things make the project difficult to keep up in practice.

Some theorists may interpret this formulation as the last cries of the theory itself. If we are speaking in terms of the Benthamian calculus, and of archetypical utilitarians who are so skilled as to compute their way into infallible judgments at every turn, then in indeed, the theory is dead, has long been dead, and has only the scarcest hope of resurrection. But what if we take these dismissals more broadly, to include a rejection of the entire family of utilitarian theories (and especially MU)? No, I do not think such accusations can succeed. In the way I have presented it, meta-utilitarianism is, and should be, forever a part of the landscape of moral thinking. And even if there are more objections (as there always are), my more modest goal here has been to corall the efforts into tasks with a hope of success. If the theory at large, or MU in the small, are ever to be defeated, it won’t be through these unsound examinations of utilitarianism.


Summary of the important working parts of the argument

i. Agency is an incorrigible value.
ii. Enjoyment is a product of choice, and is unique to beings with agency.
iii. If supererogation is a significant concept, it derives out of successful moral risks. If it isn’t significant, then virtue serves as a replacement concept.
iv. Virtue is, in part, the fulfillment of agentic duties: the obligations to know and learn, and to empower oneself.
v. Counterfactual cases are significant only when they represent plausible or intelligible universes.
vi. Trust compels promise-keeping.
vii. Truth is not an incorrigible value. It is sometimes wrong to tell the truth. This counters proposals by thinkers like W.K. Clifford.
viii. Rights demand commitment at the risk of making them powerless.
ix. All “rules” are really just principles with extra weight. Rule-following is associated with positive duties more than negative ones. Nevertheless, the demands of utilitarianism apply across all situations.
x. The experience of waking from the experience machine serves as a reason to doubt that the machine is reliable. Also, the experience of waking from the machine rightly inspires moral horror. These are reasons why a person might not be advised to enter the machine.
xi. Hedonism is a thesis about the intrinsically valuable. It is not a thesis about right and wrong.
xii. Utilitarianism seems to violate the publicity condition. Until peripheral questions are answered regarding values and social systems, it must be understood only as a meta-ethic.

Antitrust and Ideology: Moral Goodness or Corruption

Antitrust policy has often been portrayed as a struggle between free-marketers and populists. In The Ideological Origins and Evolution of Antitrust, William Page labels the two competing ideologies evolutionary and intentional.

The first of antitrust’s defining ideologies, which I call the evolutionary vision, views the market, framed by common law rules of property and contract, as a mechanism for facilitating free exchanges among countless individuals in the pursuit of their best interests. In that vision, the conditions that emerge from market processes, including the distribution of wealth, are fundamentally legitimate and, except in rare cases, unintended by any individual market actor. … The second great ideology, however, which I call the intentional vision, views the market as a mechanism within which powerful interests can coerce consumers, labor, and small businesses; market structures, consequently, tend toward monopoly. In the intentional vision, the unfair outcomes of market processes can and should be corrected by democratic, governmental intervention, including direct regulation.

This is an excellent summary, but let me try to put the issue a bit more starkly. The underlying question is: What is the moral significance of wealth or economic power? There are two competing views.

  • Wealth as a sign of moral goodness. Wealth (and its implications, power, and unequal patterns of distribution) is the result of a series of free, consensual exchanges, of trades that, with a priori necessity, must have made both parties to the exchange better off (or else, people wouldn’t have traded). The implication is that, in a free market economy, one can only get rich by serving others. Power and wealth are the result of (and the just reward for) having bettered most everyone’s lot along the way. That, in a nutshell, is the core of market idealism.
  • Wealth as a sign of moral corruption. Wealth (and its implications, power and unequal patterns of distribution) is the result of exploitation by means of coercion or deception. “Free, consensual exchanges” only exist among equals in power. In every other case, the strong do what they can and the weak suffer what they must. The implication is, that one can get rich only by exploiting others. Wealth and power are the reward of the ruthless, of those who have been more successful in exploiting the weak. That, in a nutshell, is the core of coercion idealism.

These are the competing visions animating not only antitrust law and policy, but also much of the discussion about free markets, regulation, big business, socialism, distributive justice, and globalization. One critical insight is that the competing views don’t necessary rely on incompatible normative standards. Rather, their disagreement is couched in descriptive terms, in the proposed causal explanations for what brings about wealth and power: free exchange on the one hand, exploitation on the other. Of course, almost no participant in this discourse engages in the empirical work that would be required to provide the microfoundations for their beliefs. In that sense, both views are idealisms, reflective more of individual value commitments than of how the world really works. Casual empiricism at least suggests that almost every exchange contains elements of both, freedom and coercion (however loosely defined). The critical question is, of course: how much of each? An empirical answer to that question would bring us closer to solving the underlying age-old philosophical problem than entire libraries of conceptual analyses of “power” and “freedom” have brought us so far.

Note: Cross-posted at Antitrust Review.
[tags]antitrust, politics, ideology[/tags]

“Unsound examinations…” series: part 4

/// What follows is a piece which presents a series of examinations of utilitarianism from Harwood’s seminal essay, “Eleven Objections to Utilitarianism”, along with my demonstrations of how these objections are unsound. Previous installments address such topics as integrity, justice, promise-keeping, supererogation, average and total utilitarianisms, and rule utilitarianism. As the objections get more and more serious, my replies have grown in length. My apologies. ///

7. Utilitarianism requires us to enter the experience machine.

Most readers are by now familiar with the film “The Matrix” (just as most philosophers are tired of references to it in introductory philosophy classes). A central feature of the film was the concept that people could, without their knowledge, live in a world that was entirely virtual. Robert Nozick, in “Anarchy, State, and Utopia”, famously asks us to imagine a device called the “experience machine”. The experience machine is, in almost all respects, akin to the apparatus featured in The Matrix, with the sole exceptions being that for Nozick, a) people would have a choice as to whether or not they could enter the machine, and b) the machine would be programmed to provide nonstop pleasure to the participant(s). It would simulate happy experiences in virtual reality, allow the participant to achieve their greatest dreams, and so on. Let’s also suppose that everyone else on the planet has already entered such a machine. Suddenly, Joe awakes, as part of a normal procedure of setting up the details of the virtual life to come.

Nozick argues that utilitarianism requires Joe to enter the machine, for it would ultimately create happiness in him. However, Nozick contends that this is wrongheaded; people are in some sense alienated from their goals if those goals are not satisfied in reality. Thus utilitarianism is false.

This is a serious objection, and not just a charicature of hedonism. What is impressive is that the qualitative aspect of experience is kept the same in the example. If the example had involved lobotomy, or morphine injections, it would misfire, because they would diminish our capacity to experience which is necessary for the enjoyment of things. It would, for example, destroy the ability to commit to enjoyment, among other things which the utilitarian ought to concern herself with. Moreover, it doesn’t (as an accusation) say anything about what Joe would, in fact, choose. Rather, it relies upon our intuitions concerning what he ought to choose.

1. The first reply that needs to be made is that the consequences of leaving the experience machine are dire. As we have seen, there is such a thing as enjoyment, which appends itself to experiences of happiness that we have. It is important to note that one form of enjoyment is nostalgia, where we enjoy the acts we do through hindsight.

If Nozick has any viable intuitions here, it is that very good virtual experiences would involve the desire for the authentic achievement of one’s goals. Let’s grant him that. (If we refuse to grant him that, the objection to utilitarianism would be automatically defused; but that’s hardly interesting.)

Now let’s imagine a person wakes from the experience machine. How would they feel? How would it feel to realize that all which one finds meaningful has been a lie? We all know the experience of waking from very good dreams, and feeling distraught at the realization that they are false (before the memories of them fade in the process of waking). If this same sense were generalized to a sufficient portion of one’s life, then it would surely be an excruciating experience. Yet even this comparison may not capture quite the psychological impact of it. Perhaps the best analogue would be to the cases of refugees whose families and homes were destroyed in war. Surely these are not enviable positions to be in.

But in order for the Nozickian argument to carry, they would not seem to be enough to compel us not to enter the machine. Perhaps, they would argue, the participant’s pain in that brief moment would be outweighed by a lifetime of good future experiences in the machine. Let’s grant them that the machine produces great horror upon waking, but that is but a moment in time, and the memories of the subject were wiped upon re-entering the machine. Are the participants obligated to continue with it?

Before settling on a good reply to Nozick, I should consider a few replies which I think are insufficient.

The creed, “agency is an incorrigible value”, has had the power to deal with some objections so far. However, it does not seem to have much power here. An incorrigible value is trumped by an intrinsic value, and the only thing of intrinsic value is happiness. And Nozick’s example is a critique of precisely this: hedonism. Indirectly, it may play some role, though, in that agency produces enjoyment and its related concepts.

Enjoyment, and nostalgia, can be inverted: their twins are regret and embitterment. And these are precisely the things a person should avoid in a contented life, but which are inevitable results of the experience machine. The moment of misery upon waking creates a sense of embitterment which seeks to countermand every single happy experience created by the machine. However, the counterweight of bitterness only applies for the length of time in which a person is outside of the machine, which is a comparatively short period of time. Thus, this still may not be enough to save utilitarianism. However, it should be noted that the sting of bitterness present here is exquisite, which even a calamatous instance like that of the refugee doesn’t necessarily have to suffer.

What about supererogation? It would say, as would objective utilitarianism, that the person has no hope of behaving virtuously in the supererogative sense. But this is barely the point, as I’ve admitted that virtue is ultimately a means to an end, just like anything else. And it was unreliable anyway.

What would the person do? Would they go back into the machine? Likely not. But that’s not the point, Nozickians would insist: the point is that utilitarianism requires them to go back. Their actual choice afterwards is irrelevant.

We must wonder, what experiences did the person have in the machine, such that they would want to go back? Nozick’s example involves virtual reality, where the experiences are identical to real experiences. Knowing what we know — that agency is incorrigible — we may suspect the drive for authenticity would have demanded experiences that were contingent upon perceived authenticity while in the machine — it would be part of the person’s goal. Thus, it seems as though the participant’s goals, desires, and preferences aren’t being satisfied; and that this would be a way out. Indeed, a number of utilitarians have taken this route, exclaiming that ‘true satisfaction of goals’ is an aspect of happiness alongside length, intensity, purity, and so on. But I don’t believe that this position works, either. For there is a difference between a goal and the state of affairs which the goal maps onto. The goal is critically tied to a person’s intention and perceived experience, while the state of affairs is objective. And only goals are significant, because they’re a part of the person’s experiences, and the actual state of affairs is not necessarily available to the participant.

We can postulate that the person would, if they entered the machine, lead a happy life. What we can’t postulate is that the person would KNOW they would lead a happy life if they entered, or even that it would be reasonable to believe it, because of the circumstances of their waking. If we were given the same knowledge as he, then we couldn’t advise him to re-enter the machine. Because he would run the risk of future rediscovery of this world-crushing incident.

Now let’s presume that Joe is sound of mind, and change the experiment slightly: Joe was born and raised in an ordinary life, and was offered the opportunity to enter the machine, and is assured that he will never wake. If he is sound of mind, the outcome would be the same, the difference being that the negative consequences are provided by Joe’s imagination, and not through firsthand revelation.

A clever interlocutor might say (as Brian Berkey did recently), “Aha! But what about our obligation to know? It would seem that insofar as Joe doesn’t know that his future in the machine is happy, he would be in violation of his agentic duties!” The obligation to know can be defended radically, as with W.K. Clifford, who wrote: “it is wrong always, everywhere, and for any one, to believe anything upon insufficient evidence”. It may also be defended modestly, by saying something like, “Believing in the truth tends to produce good, but not always”. I support the latter sort of view, because of the ‘dying mother’ example we encountered in the promise-keeping objection.

Second, the Nozickians are the ones fighting an uphill battle on the epistemic question, because it is manifest to the waker that the possibility of waking up again and again in the future is very real, given that he is presently experiencing wakefulness. The best evidence available to Joe tells him that he is, and in the future will be, in deep trouble. Asking a person to re-enter the machine is like asking a refugee to withstand another war on new soil.

That would be wrong.

2. Another interesting avenue for escape arises through the examination of the self. It may be that we need to understand the notion of the self as (at the very least) the coherant connectedness of memory and consciousness across time. Recall that Joe’s memory would be wiped if he were to enter the machine. If so, then he would be cutting ties to his past self. In a sense, the Waking Joe and the Sleeping Joe would be entirely different people. I don’t know the extent to which this consideration makes much of a difference to the Nozick objection, but ultimately, it has some impact.

8 and 9. The axiology objections.

At first glance, Harwood’s essay provides us with two objections as if they were separate. They are: (8) Utilitarianism wildly overstates our duties to animals; and (9) Utilitarianism panders to bigots and sadists. However, in fact, they’re just variants of the same confusion.

The first argument is a rephrasing of the old accusation, that utilitarianism is the philosophy of pigs; for utilitarianism seems to provide no distinction between the “higher pleasures” (presumably, drinking tea and listening to NPR) and “lower” ones (which don’t require enumeration here).

I think that this argument is propelled by the intuition that certain pleasure-seeking activities are evil, sinful, etc. Some acts really aren’t that great to perform. Still, the entire point of utilitarianism, from Bentham’s view, was to show that some acts tend to produce less happiness, and some produce misery in others, and so they are to be avoided. So certain “lower” acts would produce less happiness, and so, should be avoided.

Mill wasn’t entirely satisfied with Bentham’s quantitative view. Thus, Mill famously produced his doctrine of qualitative utilitarianism, whereby particular values are better or worse than one another because certain values somehow become a “part of” happiness with experience. The rank-ordering of values can be accomplished on the basis of opinions from competent judges, who have tested this and that pleasure and can rank them one after the other. Mill did not exactly disagree that Bentham had produced an adequate reply, but sought to supplement Bentham’s argument by showing the place of particular values, in order to make the doctrine seem more palatable.

I think Bentham’s original account was satisfactory. I must confess to being mystified both by Mill’s account, which contains outright bizarre claims (what does it mean for a thing to be a “part of” happiness?), and by the accounts of those critics who carry on with objections which are not only explicitly dealt with by a classic utilitarian, but are dealt with by the original utilitarian himself.

Why, though, is it better to be Socrates dissatisfied than a pig satisfied? First, I wouldn’t quite go that far; if asked whether I would rather be a tortured man or a happy pig, I would probably and quite naturally reply, “a happy pig”. Such exaggerated examples, which are meant to shock us into disavowal of a doctrine under scrutiny, don’t quite have the rhetorical force that’s being looked for when they make the case against them quite so costly. I think that the aphorism, though, could be rephrased and agreed to, if we were to say that “it is better to be a blasé Socrates than a happy pig”. Second, with the doctrine of enjoyment at our disposal, we can say that the person is able to have more experience of happiness than the pig is able to. Third, we might say that the human being is more capable of discerning pleasures than the pig, which would both mean that conscious pains are more sharp and horrible, and conscious pleasures are greater.

I think part of the confusion arises over utilitarianism’s commitment to the thesis that happiness is the only intrinsic value. Sometimes, this point is glossed over by critics, who declare (as Harwood does) that “utilitarianism insists that there is only one moral value, satisfaction”. This is not true. Rather, from what I understand, there is only one thing of intrinsic value, and this thing applies to explain the genesis of both moral and non-moral values. There are plenty of instrumental values, and as we’ve seen (with Bentham), they may be rank-ordered in order to produce moral guidance on the basis of however they produce happiness.

Similarly, we are told that the pleasure of bigots and sadists are not of intrinsic value, and so, hedonism is mistaken. However, I deny that the pleasure of any animal is without intrinsic value. But I declare that this proposition, when considered in context, amounts to nothing; for the worth of particular kinds of acts are evaluated separately from the worth of the happiness which they originate from. The experience of pleasure of the lion who eats a baby, and of a bigot who protests the funerals of hate crime victims, are activities that produce intense and personal misery in many others. They are immoral and unjust. But it is no contradiction to say that the pleasure of the sadistic act has intrinsic value, and then to say that it is grossly immoral. All that is asked is that the reader understand that that which is valuable is not necessarily that which is morally significant.

A Comment on Brian Berkey’s Essay: Capitalism, Utopianism, and Democracy

The favorite target of free market libertarians is socialism. Socialism, or so the argument goes, cannot work, because a central agency, governing production, doesn’t know who needs how much of what in the absence of price signals. Accurate price signals, in turn, require a free market. This core argument from knowledge, which I find quite persuasive, has a number or corollaries and conditions. First, preferences are subjective and each individual knows better than anyone else what he or she wants. Second, free exchange makes both parties better off, or else there would be no exchange. Third, trade creates value just as much as production does. Fourth, given the focus on the individual, “summing people up” is always deeply suspicious. Fifth, while the reality of scarcity and tradeoffs permeates every aspect of life and we find ourselves woven into impersonal networks of exchange whether we like it or not, a free market economy requires no ideological commitment to the free market. Thus, moral disdain for “the merely economic” is no threat to a free market system. That is not the case in a planned economy, where participation in the joint effort, as defined by the planners, is mandatory. For example, the German poet Wolf Biermann incurred the wrath of the East German government for writing love songs in which the lovers had eyes only for each other. The lovers carved out a sphere of privacy, separated from “the merely economic” of their environment, which was quickly identified as a counterrevolutionary threat. The list goes on, but the argument from knowledge and the first four corollaries are staples of virtually every free market critique of socialism in the spirit of von Hayek and Milton Friedman.

But isn’t the society envisioned by the free market libertarians equally utopian?

Brian Berkey explores that question in his elegant essay Capitalism, Utopianism, and Democracy over at Philosophy from the Left Coast. Here’s the first step of his argument.

Milton Friedman argued that corporations should not attempt to address societal problems because doing so is the job of government. Businesses, he argued, are not qualified to deal with these kinds of problems, and should stick to what they do best, which is making money. And since only a government that is genuinely autonomous can effectively deal with major social problems, it is important that businesses, which are not qualified to handle such problems, stay out of the affairs of government. The implication seems to be that the ideal society, indeed the only sort of society that can hope to adequately deal with pressing social problems, is one in which free market principles prevail and businesses refrain from involving themselves in the affairs of government. But is this sort of society really possible? A society that is driven by free market principles will be one that encourages individuals to do whatever they can to maximize their economic self-interests. And in a capitalist society there will always be some that possess a great deal more wealth than others. And with wealth comes power and influence, or at least the potential to gain power and influence. If we assume that our ideal society will have an ethos that strongly encourages the pursuit of rational (i.e. economic) self-interest, why in the world would we think that the wealthy, including those in charge of large corporations, would refrain from involving themselves in the political process, when doing so would surely be an easy way of ensuring greater profits for their companies (politicians would surely be just as strongly influenced by the ethos as their corporate friends, and therefore susceptible to being bought off). It seems fairly easy to see that the vision of free marketeers who want business out of the affairs of government is thoroughly utopian. If government’s responsibility is to address pressing social problems, rather than to pander to the interests of the corporate class, then it seems that capitalism is fundamentally incompatible with responsible government.

This is a powerful dialectic. The initial freedom that comes with capitalism creates inequalities of wealth. The rich capture the political process and use it to preserve the status quo. As a result, the initial freedom expires and we find ourselves in a world of the rich, by the rich, and for the rich.

Brian’s argument creates particular problems for left-wing libertarians such as myself. I envision a just society as one in which negative individual freedom is the starting point. Patterns of distribution are constantly being reshuffled and disrupted by free markets and technological progress. There is no moral objection to wealth and thus no punitive taxation of it, but – and here’s where the “left-wing” part comes in – there is a moral objection to poverty. Without a certain economic minimum, without a place to live, without access to high-quality education and non-discriminatory credit, for example, participation in a free society is illusory. We thus rely on the government to provide a comprehensive public infrastructure including access to welfare, education, and communication, and the redistributive mechanisms that are underwriting that system. The libertarian in me would want the welfare part of the public infrastructure to be mostly monetary, that is, everyone gets enough cash to participate. And since the freedom that comes with that kind of welfare still permits failure, we should also have a final – now mostly involuntary and paternalistic – safety net that, by providing a bare minimum, shelters those who fail in the free market and are unable to use their welfare entitlements responsibly. Obviously, this left-libertarian ideal relies heavily on a functioning government. It might not work in the event of government capture as described by Brian.

My only response to Brian’s argument is to question the inevitability of government capture to the point that public infrastructure as outlined above becomes unattainable or unsustainable. Government capture is one of the most serious threats to an open society, but there are ways to put checks and balances in place. For example: campaign finance reform, a true majority vote for the office of the President, redrawing of congressional districts to introduce greater political choice, the insistence on keeping the branches of government separated, e.g., by introducing elements of randomness in the selection of public officials and judges, true separation of state and church, media diversity, net neutrality, and universal communication service obligations. None of these measures can in isolation stem the corporate influence on government, but the hope is that in conjunction, they will prevent special interests, including powerful corporate interests, from completely dominating the political process.

Brian makes another point of great interest.

What is perhaps most striking about the articles written by the free marketeers is that, despite containing a great deal of commentary on the role of government, there is no mention of democracy. They clearly emphasize that it is an essential role of government to protect free competition in the marketplace; nowhere do they also claim that it is the role of government to carry out the will of the people. … Their committment to capitalism is prior to their commitment to democracy (this, of course, is not unusual on the American right).

This is clearly an accurate observation. Even though most free market libertarians are committed to the democratic process, that commitment is usually instrumental in nature. Most libertarians value individual freedom higher than democracy. But is that really a shortcoming? The libertarian concern with democracy is rooted in an individualist political philosophy. Any subordination of the individual will under the collective will, as envisioned, for example, by Rousseau, cannot be conceptualized as a realization of freedom from a libertarian standpoint. Freedom, for libertarians, is primarily a negative concept, defined roughly as the absence of arbitrary interference with the realization of an individual’s subjective preferences. As indicated above, libertarians and free marketers are suspicious of any form of “summing people up,” to use David Friedman’s phrase. Of course, a totalitarian way of summing people up under the banner of an official ideology is worse than the democratic summing up of individual votes, but the fear of majoritarian rule, however achieved, persists. That, I submit, is a perfectly reasonable concern, and treating democracy as a means to the end of individual freedom should not discredit a political philosophy on moral grounds.
[tags]political philosophy, capitalism, libertarianism, welfare[/tags]

Stem Cells, Terrorists, and Risk Perception

Mark Garber’s satiric “Stem Cell Compromise” is worth quoting in full:

Seems to me that the perfect compromise that might resolve the stem cell controversy is for the scientific community to agree to do research only on embryos that could possibly mature into terrorists. After all, our president who so emphasizes morality believes there is nothing immoral about torturing persons who are suspected of being terrorists, even in the absence of any legal procedure that even confirms the suspicions are reasonable (much less a legal procedure which convicts them of any crime). Our president who so emphasizes morality also finds nothing immoral about killing innocent civilians and children in military missions that also kill a certain number of terrorists. If we can torture and kill people suspected of terrorism or people who live near people suspected of terrorism, then surely we ought to be allowed to experiment on embryos that we suspect might have become terrorists.

Aside from obvious political motivations for taking inconsistent positions, people’s values, in fact, seem to be relatively undisturbed by the demands of moral universalism. In other words, by and large, we don’t fret too much about the consistency of our moral beliefs across a broad range of issues. To the contrary, it appears that risk perception plays a much greater role in our evaluative response to a normatively relevant situation than reflective moral reasoning. As terrorists are scarier than babies and as we desperately want to believe that what’s morally good is also benign (and vice versa), and what’s morally bad is hazardous (and vice versa), we drop our moral restraints vis-a-vis suspected terrorists and engage in protective moral hysteria whenever (our) babies or children get involved. The inconsistency of moral judgments is augmented by widespread probability neglect, that is, people tend to ignore the improbability of a bad outcome if that outcome has strong negative moral connotations. For example, people are fixated on risks from a terrorist attack, even though they are (by some estimates) about 10,000 times more likely to be run over by a car. Of course, none of that is meant as an excuse for our inconsistent application of moral standards, rather, it reminds us that universalist moral reasoning (of both consequentialist and deontological nature) will always face a steep uphill battle.
[tags]culture, philosophy, moral theory, stem cells[/tags]

“Unsound examinations…” series: part 3

/// What follows is a peice which presents a series of examinations of utilitarianism from Harwood’s seminal essay, “Eleven Objections to Utilitarianism”, along with my demonstrations of how these objections are unsound. Previous installments can be found here and here. I apologize for the length. ///

5. Average and total utilitarianisms produce absurdities. Now we come to what are, I think, the single most powerful arguments against utilitarianism. They arise from the desire to answer the question, “how exactly is a society’s state of happiness calculated?” We have at least two answers, called “total utilitarianism” and “average utilitarianism”. But both seem to produce absurdities.

5A. Total utilitarianism tells us that we calculate a world’s happiness by adding up the happiness of each individual member. Take a world of four people: a, b, c, and d. Each one has a certain amount of happiness (hedons) on a scale of one to ten, where “one” means “utterly miserable”, “five” means “so-so”, and “ten” means “bliss”. Reputedly, this is the view which classical utilitarians like Bentham had.

But this view has interesting philosophical implications. Let’s also say that these people in this world, as they are examined in a particular scratch of time (say 20 years), live in a post-apocalyptic landscape. Each person is miserable: for the sake of argument, let’s say that each has only one hedon, which means the world has four out of a possible forty hedons. The theory would suggest that reproduction would increase happiness, and thus, be mandatory, even if the child conceived would be doomed to a hellish world. The drawbacks are obvious. The duty to copulate seems wrongheaded on the face of it, since it is seemingly increasing misery, not pleasure. And it would ultimately recommend overpopulation, since each new baby would increase happiness just that much more; but in fact, it would just be a multiplication of misery.

Harwood offers some interesting replies to the overpopulation objection. “In real life, we cannot jam the planet full of people and expect to retain enough control of the situation to maximize total satisfaction. First, the more people there are to satisfy, the harder it is likely to be to satisfy them. Second, a world where everyone ekes out a life barely worth living is likely to be unstable, presenting a great danger of disease a chain reaction of catastrophes…”

These are fairly good replies, I think. But their power is restricted to the ‘overpopulation’ objection. We need more than that. The core of the objection, it seems to me, is that there’s something wrong with condemning one’s child to live in a horrible world. In this vein, I can supplement Harwood’s account with three more replies. One I think is good, and the other two are bad.

First, the sustaining of life opens the door to future improvement (a long-term consequence). But this is problematic, because the scenario suggests that something really has been done right in the time frame being analyzed, yet the treatment just mentioned suggests that the goodness of the situation is pushed off to the future. Surely these are incompatible.

Second, the objection might be interpreted more strongly. It may want us to imagine a new world where not only is the actual state of affairs poor, but moreover, it would be impossible to improve the states of affairs. This would be a foul situation indeed. However, again, it presupposes an evil scenario in order to make a point about the good, confusing our understanding of both. The absurdity of such techniques lies, in this case, in the notion that human beings cannot, and do not, by their nature, engage in creative striving to improve their lives. If the situation were such that no creative striving were possible (i.e., if all shelter were measly, all beneficial technology impossible to produce, etc), then once again, we should not be surprised that our intuitions are scandalized, since the very world under examination provides inescapable moral horror. Still, if we were to grant that the scenario is uncooperative, and not a candidate for defeat of utilitarianism, it still runs into the same problem as the first objection. Our concern is about the effects of birth in hell upon the world’s level of hedons, not with the future conditions. And the account just seems to get something wrong if it says nothing about that.

Third, perhaps it’s the method with which we’ve described the situations which is in error; maybe it would be better to register happiness and misery on a positive-negative scale. In which case, the happiness of the hellish world of four would be -40 out of a possible 40 hedons. This new characterization would suggest that the introduction of a baby into the world would decrease utility (-50 out of 50), and thus, be wrong; and it seems to capture the language of the situation in a much more felicitous way. There seems to be no problem with this new interpretation. The objection seems to have been defused.

But, getting back to the original intent of the objection, what if we revised the scenario under the new description? In this case, the world would have 4 hedons on a scale of -40 to 40. A so-so world. Are people then compelled to produce offspring to make it immediately better? It would seem so. I have no particular intuition or care about this result. It seems acceptable enough. But other questions do arise from having made this elaborate philosophical journey.

First, all other things equal, we have assumed that, for the sake of demonstration, the people of a world (a, b, c, and d) had only one value of happiness assigned to each for the duration of the time period under examination. Thus, (a) has one hedon, (b) has one hedon, and so on. But this is, of course, foolish. Peoples’ moods change all the time. Second, we have also forgotten all the contingencies related to childrearing; the joys of parenting and of adolescence. The very postulation of some significant act, also demands that we factor in the hedonic consequences of the act. But we haven’t, in these cases; and that makes them ineffective. Third, in order for the former hellbound scenarios to make any sense, we would essentially have to pretend that the world was inhabited by miserly mannequins whose happiness is not contingent upon personal expectations of the world. But in many cases, a world populated by persons who had gotten used to certain conditions, would adapt to those conditions. This is both an evolutionary blessing (in the sense of it may protect the population’s eyes from gazing across the true and terrible vistas of their world by comparing it to other, better possible worlds), and a damnable curse (since, as any activist will tell you, the banality of evil and the amorality of apathy are often the products of the merest lack of imagination for an easily attainable and better life).

With all of the above considerations in mind, the reason why I ultimately find total utilitarianism dissatisfying is that it fails to take into account a very significant fact: that, for any state of affairs, there is a pre-arranged amount of possible hedons that the world could have, given the number of persons. What I mean is, I have misleadingly presented the data in terms of 4/40 hedons, or somesuch, but in fact, total utilitarianism only cares for the actual amount that occurs — 4 hedons — and doesn’t seem to care in its numerical analysis about the number of possible hedons involved. But it should make a difference whether or not the 4 hedons are there out of a possible 40, or 60, or 80, because that tells us, in at least abstract and restricted terms, how far away from achieving utility we are at; and that constant striving is a characteristic of utilitarianism. This revised view doesn’t just tell us the state of affairs at some particular time; it tells us how far off we are from the mark, and so, seems more acceptable in the abstract.

The outcome of a stronger analysis, I think, is that while total utilitarianism cannot be soundly accused of absurdity, it may be lacking in other ways.

B. Average utilitarianism is our second alternative. It makes up for the deficiency noted just lately by taking into account not just the sum of hedons from the aggregate of persons, but also by factoring in the population size. Thus, in a world where there are four people (a,b,c, and d), where (a) has 3 hedons, (b) and (c) have six apeice, and (d) has one hedon, our analysis would say that the world has, on average, four hedons (16/4).

The objection to average utilitarianism is that it seems to suggest that the world would be happier if (a, b, and c) were to gang up on (d) and kill her, thus increasing the average to five hedons. This, Harwood suggests, is a decisive objection against average utility.

This is deeply unconvincing for the same reasons that have been addressed in previous posts: it relies on falsehood. The reason why we follow rules is the same reason why we keep promises and the same reason why we don’t harvest organs from the living: because human life is oriented significantly around trust. Indeed, I would go so far as to say that trust is an incorrigible value, along with agency (as we have seen). To commit cold-blooded murder of another human being is to destablize relations of trust in a community. Murder decreases happiness for the survivors.

An analogy might help to illustrate. A woman has an affair with a married man. Soon afterward, he leaves his wife for his partner. The partner dumps him. He asks her, “Why?”. She tells him: he cannot be trusted. He’ll just cheat on his partner, too. It’s not worth her while. If they had all made better decisions, they could have been happier; and most of wisdom comes in understanding these game-theoretic lapses of insight.

It does not matter who the person is that dies, it does not matter if they are a pariah or outcast. The integrity of a social system can be understood, without exception, by examining how its members consciously treat its outsiders. This is not just a quaint philosophical musing, but a fact about human group relations. Reciprocity creeps inward, eventually: a certain comfort and feeling of entitlement that is associated with the enactment of certain punishments infects the norms in one’s own life and community. One cannot express surprise when a violent cop turns out to be abusive at home, because when a person’s personality is geared towards violence, its outlet is of little concern to him.

Granted, the human mind is magnificient in its ability to compartmentalize various duties and identities. Thus, what I am prepared to do to a stranger, I might not do to a friend. Moreover, it seems that some polities which are externally aggressive – i.e., contemporary Israel – are constituted by a societies which have relatively low rates of violent personal crime. These facts seem to give the lie to the bold statements I made in the previous paragraph. But these are facts which traffic in human frailty involving a state of affairs that is several times removed from everyday experience; people don’t usually identify with the social systems they belong to, they only identify with those systems which give them identities. This is Hannah Arendt’s ‘banality of evil’; it is what I have called a derelection of agentic duties; and it is not virtue. Still, in this situation, reciprocity might not creep inwards, so long as relatively innocent persons remain ignorant of violations of their trust. All I can say, in these instances, is that only so much of an imbalance can be tolerated or legitimated by any society without reinforcing either anomic or xenophobic conditions, and empowering institutions (the church/media and the nation, respectively) that feed upon those conditions. Such things are not conducive to utility.

None of this is to say that life is of incorrigible value. (For example, passive euthanasia is still morally permissible. It is an act of mercy to relieve a voluntary person of incurable and intense pain.) It is just to say that only through the protection from misery, short-term and long-term, that anything of that sort can be entertained.

6. Rule utilitarianism is incoherant or redundant.

Rule utilitarianism is the idea that at least some actions are justified by the rules which they are driven by, and those rules are in turn justified by the principle of utility. Harwood points out four objections, each of which either conclude that rule utilitarianism is either incoherant or redundant. It is not necessary to go into the details of all four objections, because they at core reduce down to two mutually exclusive possibilities: incoherance or redundance. (They are mutually exclusive because any particular aspect of a theory cannot both be criticized of both being redundant and being incoherant at the same time. Redundancy is mere repetition, and repetition is logically sound (though trivial), while incoherance is illogical.)

1. Rule utilitarianism is, indeed, redundant: it is usefully redundant. Take the utterance, “I see an animal”. If I were to utter it, and then right afterwards say, “I see a bear”, I would be committing redundancy. However, one utterance would be more specific than the other; it would carry a bit more information. The former comment is akin to rule utilitarianism, the latter is akin to act utilitarianism. However, in the end, it’s the latter which is most correct.

Harwood brings an argument to bear on the matter which formulates the most plausible form of rule-utilitarianism as if it were an absurdity. His is the objection based on extensional equivalence. Harwood explains that two moral systems are extensionally equivalent if “they always agree about what we should do in any case”. If rule-utilitarianism were extensionally equivalent to act-utilitarianism, Harwood suggests (following R.M. Hare), it would not seem to reconcile our ordinary moral beliefs with the propositions introduced by utilitarianism.

But what rule-utilitarianism really provides is an emphasis upon a certain bit of information about human social reality which might be overlooked otherwise: namely, that humans are meaning-makers, and to a large extent, are rule-following animals. Act-utilitarianism can recommend rule-following when we put it in practice, but the point needs to be driven home to would-be detractors, so we invent this thing called “rule-utilitarianism” to clear up any lingering confusion.

Harwood’s most interesting comment on this score comes at the end of the section, when he writes: “…if a rule really were so useful that its adoption would maximize satisfaction, then act-utilitarianism would require us to do the act of adopting that rule and taking that rule to heart”. This is plausible, and it says some things that are true. But it suggests that absolute rule-following is mandated by utilitarianism, and this is wrong.

2. One of the most excellent features of utilitarianism is that it specifies, not just our rules, but also the exception to those rules. Thus, when confronted with the question: “what are the acts which ought to guide my life?” We answer: those which are in line with rules which are compatible with utility. And when confronted with another: “What are the exceptions to the rule?” We answer: when the violation of the rule would maximize utility.

3. A third question would be, “What about rights? Isn’t the idea of a right that it admits of no justifiable exception?”

A right is a very special kind of rule which functions much in the same way as a stop sign. Whenever stop signs are effective, it is because they are respected without question. Even a car who sits idling in front of a stop sign at midnight, with no police around to observe him cheating, obeys the law in order to maintain his good habits, and to avoid attention from his peers. When stop signs are violated, the person has a chance of being punished. Sure, the threat at the level of the individual seems measely. But the necessity of the law is such that, with each flouting of it, the law itself becomes less and less powerful. In the same way that the laws of traffic become moot when a traffic accident makes all travel impossible, the flouting of a right threatens the very potency of rights in the first place.

What rights have in common with stop signs is that there is no other way in which either could function except through near-absolute regard, and through true absolute renown. Essentially, what’s especially significant, and which separates a right from a mere law, is that rights operate in the way they do, because there would be no other way in which they could operate. The difference between them is that there is direct moral significance to the goal of a right which is not present in the laws of traffic. Any violations must either be in terms of established exceptions, or barring that, as a last resort in the name of utility proper.

[Edit: It is worth noting, and emphasizing, that the act of violating a rule is not in and of itself significant to utilitarianism. Rather, among other things, it is the habit which offends the principle of utility, since it guarantees more than one future act, which will (presumably) raise even more consequences besides. It would not be much of an exaggeration to say that, when it comes to understanding rules, the act is just a means of observing the habit at work.]

I say all of this, purposefully using a hedge-word like “near-absolute”, though I full well know that the language of rights has an air of absolutism about it. This is, at first glance, because rights must be treated as absolute, for the same reason that Sherwood Forest must be treated as haunted. The consequences of hedging and the use of hypothetical phrasing may be unhappy. Absolutism, like a haunted forest, has a quasi-mystical quality to it, and inspires more awe than tales of drunken rascals hiding in the bushes.

The former comments ought to cause anyone who pledges allegiance to the publicity condition to twitch. I have been sardonic enough, I think, to make twitching justified in every quarter. But I must also grant that my comments do not seem to be kind to publicity. I will have to have more to say about this as one of my last topics of the series.

[Edit: I think I need to say a lot more about rights.

Rights can be analysed across at least two dimensions: at the system level, and at the level of the individual. The system-level is characterized by a bifurcation between nominal and defacto rights: if you violate a person's rights in fact, you do not necessarily alienate them from the right in name. By contrast, an individual-level of analysis is characterized by a collapse of this distinction. To violate a person's right, is to alienate them from it.

We understand the notion of a rule as if it were non-defeasible: that is, as if it always applied to the letter except when certain noted exceptions amend the law (call them RULES). By contrast, we understand mid-level principles to be susceptible to weighting (call them PRINCIPLES). Act-utilitarianism's treatment of rule-following behavior may make room for RULES, but its list of worthy RULES will be slender and subject to qualification. For it, regular everyday rules act as if they were things to be weighted against one another, as PRINCIPLES (thus, for instance, the duty to not engage in civil disobedience may be weighed against the duty to hold solidarity with justified activists, and come out in favor of the latter). Only rights could be given the nominally infallible status that we're looking for.

However, it's not entirely clear what the de facto status of rights are: it will depend on our chosen level of analysis. In other words, it is not immediately clear to me what the utilitarian must do in an emergency no-win scenario, on pain of incoherance. Take an emergency scenario, where a person must choose to either kill an innocent person and save five others, or refrain from killing the one and letting the five die. At the level of the system, if the person chooses to kill the one to save the five, they chip away at the de facto right of the victim without necessarily affecting their nominal right. It is worth emphasizing that, at the level of the social system, the utilitarian may claim that causing the death of the victim is of equally negative consequence as letting five others die, because at that level, the de facto/nominal distinction holds up to scrutiny; and this distinction gives us two models of the best possible outcome. The drawback is that they would also have to be committed to the notion that violation of rule-following behavior would produce equal or more long-term misery than the death of the five, which is only feasible if one has a romantic view of things. Moreover, conflicting advice between defacto and nominal senses of 'right' seem to make the theory incoherant in an irresolvable way.

Meanwhile, at the level of the individual, the nominal/defacto distinction seems paltry. Invocation of a right without fear of consequence seems hollow. And I must confess that, though I once thought that the system-level of analysis could be defended in a robust sense -- that the breaking of a right was, in some sense, "world-breaking", either as an affront to integrity or as a catalyst for social systems failure -- I now see that as a romantic vision of the world which must be deflated by a more realistic perspective. I find the system-level sort of analysis, so long as it is taken for granted, to be less plausible than the analysis at the level of the individual. For it seems ridiculous to say that a serf in the middle ages, who suffers from every pox and plague and horror, and who is alienated from the kind of modernity which would make it even possible for rights to be protected, stands unalienated from his rights. So much the worse for rights, it seems.

Graph!

A solution at the level of the individual might be found by investigating the doctrines of positive and negative responsibility under it. As we have seen, because of the incorrigible value of agency, we can assign a slight difference between the two: causing harm is slightly worse than letting harm happen. Allowing harm to happen is a violation of one of one's duties, which may have grisly results. A possibility of argument which I would like to leave open is that, while rights do sometimes have something like the character of prime-facie duties -- that is, it is susceptible to weighting -- they only have this quality in situations where the agent will have to assume negative responsibility for some future behavior. By contrast, rights have the status of near-absolute rules if and whenever the agent shall assume positive responsibility for some potential action: an actor does not seem to be able to ever plausibly knowingly will the violation of a right and be moral. In this sense, "doing" is more plausibly constrained by rules (to the extent that we value agency), and "allowing" may be constrained by either rules or acts, depending on utility. The difference is that rights will tend to have more weight in the former than the latter.

This runs directly out of the real insight behind the incorrigible value of agency: namely, that rights begin with me and my actions, and emerge from there. There is no collective agency, there is only individual agency, and I must act according to what I, as an individual, may know. This position is consistent with utilitarianism, if we understand that the greatest happiness for the greatest number does not compel one to prefer one option over the other when their relative ranking as perveyors of lesser and greater misery are hidden from the actor's eyes. And the consequence of flouting a rule, because of our individual conscious minds, is largely opaque to us at the level of the system.

There is, however, a limit to the extent to which utilitarianism can tolerate this flexibility. If a great calamity were to compel the violation of a right, and though the consequences of violation of the latter is unknown while the consequences of violation of the former are known, then all virtue rests on moral luck. All that may be held to justify an action is the conviction that obeying the rule will tend to increase happiness, and not otherwise, though no knowledge enters the fray. But in this case it seems that the subjective utilitarian can justify themselves one way or the other, and blame it on the limits of their agency. I think this is mostly intuitive.

I have lingering worries that my commitments to liberalism have clouded my judgment, and made my resistence toward appealing to the system-level of analysis premature. I want to emphasize two points in this regard. One: I remain committed to the view that things can be analyzed at the level of the social system, so long as our ambitions are restricted to terms of trust (and power). Two: so long as we strive towards realism and not romanticism, if we find that the system-level of analysis yeilds wildly different results from the individual-level of analysis, then we have reason to redouble our efforts to find a lucid picture of the social world which draws upon the relative contributions of both. This is not necessarily "incoherance", any more than the visual data provided by my left eye is "incoherant" with the data provided by my right eye; they do not cohere only insofar as we fail to understand the two well enough that a synthesis can be developed from both. In the meanwhile, though, we must settle for individual-level, and seemingly, to act-utilitarianism, because we are naturally endowed with knowledge at the individual level which we lack at the system level. This does not excuse us from our obligations to learn more, of course; one day, when social science is more mature, we may have a richer complement of system-level insights that may guide our actions.]

Un-explaining the Knobe effect

Over at X-Philosophy, posts are centered around the Knobe effect like tornados around Kansas. The Knobe effect is essentially the idea that moral intuitions muddle with peoples’s attributions of intention to the acts of others. (I’ve offered some philosophical objections there previously. Rise from your grave, Kohlberg.) For various reasons, the effect is quite puzzling.

Recently, Clayton has attempted to explain the Knobe effect. I would like to respond to it. Before I do, I should warn the reader that my commentary here will probably seem like unintelligible abstractions unless they take a gander at his paper first. Luckily, Clayton’s paper is short, relatively self-contained, and straightforward.

Clayton argues that the Knobe effect may be understood by way of two distinctions. The first is in terms of selective/collective treatment of reasons. A person may evaluate a reason for acting on a case-by-case basis, or they may evaluate them all at once. [Implicitly, we know that reasons can either recommend a certain action ("pro"-reasons), or they can provide reasons not to act ("con"-reasons).] The second distinction is in terms of conformity/compliance. Conformity is when a pro-reason is merely consistent with the greater goal, and compliance is when a pro-reason provides impetus for the greater goal. The conformity/compliance distinction only applies to reasons which have been examined selectively (though it is not immediately clear why).

He seems to argue that, for a case in which the goal is decided in favor of some pro reasons, one cannot treat con reasons selectively, because the cons taken selectively would have provided motivational weight against the goal (thus undermining the motivation to pursue the goal). So a person must treat con-reasons collectively; thus, there is no conform/comply distinction in such a case. “To respond selectively to them, she’d have to conform or comply with some of [the con-reasons] without conforming or complying with the others… Blight could not conform to their demands without giving in to them and deciding against starting Project Z.” Moreover, the conform/comply distinction is what explains the Knobe effect for the Benison case; some reasons (care for the environment) take a back seat relative to the overall goal, but are consistent with it, and so, conform to it without complying.

I want to make two replies. One is to cast doubt on whether or not a selective treatment of con-reasons collapses the conform/comply distinction. The other is to cast the problem in terms of the relevance of goals with subgoals in terms of apathy and defiance.

1. Maybe Clayton means something specific about “selectivity” which I haven’t understood. But from my first reading, I’m not at all clear on why it is that, from a Humean standpoint, the consideration of con-reasons entails that they would definitely motivate a person in a con-direction. Reasons don’t necessarily provide motivation. They provide reasons, which may be taken seriously, or may be dismissed, at the whim of the listener’s fancy. So if Blight selectively treated the con-reasons, then it wouldn’t necessarily matter; she doesn’t have to take them seriously, she just has to consider them. What Clayton might mean is that Blight be selective in the sense that she in fact accepts some reasons, and in fact denies others; but that’s not a comment on selection, which is a process, but rather upon an outcome.

2. It seems to me that a person may cite any relevant condition or consequence which they were aware of at the time of the action as a reason for acting. For present purposes, relevance has to do with the place of action within a wider chain of goals and subgoals. It also seems to me that it is a poor thing to fail to attribute to a person even those minimally relevant things which they have known at the time of the action; and this is what Knobe’s subjects fail to do in the Benison case. So something genuinely surprising seems to be happening in their responses, at least for me — or, is not surprising, then outright wrong.

Relevance comes in degrees. So, if I drive my lawnmower just to annoy my neighbor (the manifest consequence), but fully expect that I’ll cut the grass in the process (the latent consequence), then there will be a rich series of motivations and goals behind the goal of “annoying my neighbor”, perhaps involving an ongoing slapstick feud, but the connections to “cutting the grass” will be weak (it is a mere means to the end). Using Raz’s language, as presented here, compliance would seem to describe the conditions which are more relevant to an action, and conformity would describe the conditions which are less relevant.

If we admit that mere conformity constitutes an intention, as I would like to, then we’re up the creek in our examination of the Knobe effect, it seems, in the Benison case; for while Benison’s consideration of the environment conforms to his overall decision, his de facto intent to do well for the environment does not register with those people who examine the case. And the Blight case may be selective, as I’ve suggested in (1), but clearly it involves neither conformity nor compliance to environmental protection. Rather, it must be characterized as either apathy or defiance towards that subgoal; and it seems that Knobe’s subjects want to treat apathy towards reasons (at least in this case) as intentional. I don’t immediately see how the conformity/compliance distinction helps us in the Blight case — especially since the distinction seems irrelevant in the Benison one, where we are supposed to expect it to do some work.

There may be a way out of this problem if we postulate an ambiguity in interpretation. I might attribute the Knobe effect in the Benison case to an implicit tendency on the part of Knobe’s subjects to examine intention only above a certain threshold of relevance, because it seems more useful to them to interpret the words that way for the purposes of the discussion. Compliance is the theory of intention which people are attracted to, for moral, epistemic, and everyday purposes. (Morally, to make the distinction between doing and allowing; epistemically, because we don’t know the deep-seated knowledge in a person’s mind.) In other words: in the Benison case, our conversational purposes as readers are not morally exhaustive, as our attention is not morally charged; we are focused only on the compliant acts, and unimpressed either way by his amoral apathy, we have no moral desire to interpret any care for merely conforming reasons. But in the Blight case, our conversational purposes are entirely moral, since it is a morally charged issue; so we focus both on her intentional apathy and bad compliant acts. In this way, moral interest acts as a kind of radioactive dye which lights up areas which would otherwise have been hidden. It follows that if we were to ask someone with a plausible and fully-formed moral theory, we would find that they would be willing to attribute some intent to help the environment in the Benison case, although they would likely take pains to say that he’s not behaving virtuously or somesuch.

In some cases, like the Blight case, the subject is aware of certain conditions but fails to give them motivational weight in a decision, such as in situations involving carelessness. I want to require, in moral cases, along with Knobe’s subjects, that apathy to some peripheral condition be considered a part of their intent, in order to explain their decision adequately. Here is the knowledge of so-and-so; here is the flouting of so-and-so; thus, here is the intention to get such-and-such done, in the context of this wider web of goals. I also want to require that conformity be understood as an aspect of a person’s intent.

I don’t believe that a reason must be a possible defeater in order to be relevant to an explanation of a person’s intent. It may be the case that some description does not and would not have the power to change an action, given the dispositions of the person, their wider goals, etc., but that doesn’t mean that the description is explanatorily idle. I disagree with the claim that, “When we consider those side effects or pros we don’t say the agent brought about intentionally, we recognize that the agent wouldn’t have changed course had those pros not favored her decision.” For sometimes it’s precisely the disposition to suppress the possible motivating content of a particular peripheral goal which is intentional (so long as the subject is consciously aware of doing so). And, anyway, explanations need not be tossed aside as “idle” just because they aren’t the primary moving parts in some phenomenon. To claim so, is to pretend to know the whole story about causes (especially with respect to matters of intent), and that’s not something that anyone has lisence to claim.

I think all of this is supportive of Knobe’s interpretation of the effect, in a way. It’s just that it relies on the pragmatics of the situation more than a principled examination of intentions.

“Unsound examinations…” series: part two

/// What follows is a peice which presents a series of examinations of utilitarianism from Harwood’s seminal essay, “Eleven Objections to Utilitarianism”, along with my demonstrations of how these objections are unsound. It is continued from here. ///

2. The hero objection. The second objection is that utilitarianism removes the possibility of supererogation — that is, acts which are far beyond the call of duty. Harwood’s example is of a retreating soldier who risks his own life to save that of another man. Because utilitarianism is an optimizing doctrine, which demands that we act to achieve the maximum amount of happiness expected, then noble self-sacrifice is our duty. There is nothing “beyond” it, because it demands the best in the first place.

Harwood’s reply to this objection is that sometimes the choice to do an altruistic act will produce the same amount of happiness as choosing not to, and so utilitarianism has nothing to say about which ought to be chosen over the other. This may be a fruitful line of defence, I think, but it demands explanation and qualification. In some cases it may work, but it is not obvious how it would work in the soldier case. It would seem that there is no tie between the altruistic act (saving the friend) and the egoistic one (both are killed): for it seems obvious that the former produces more happiness than the latter. So we are left with a puzzle of interpretation. How could Harwood’s remarks be true?

Two things are important to observe before a reply can be made. First: there is a difference between subjective and objective utilitarianisms. The former says that you ought to act in order to achieve the maximum amount of expected happiness; the latter says that you ought to act in order to achieve the maximum amount of actual happiness. Second, this objection is almost identical to the first objection — it is a question of whether or not actors have a choice in their behavior. So we need to revisit the treatments given in the former section.

We cannot apply the Enjoyment proviso here, since the soldier case has nothing to do with enjoyment (a luxury) and everything to do with emergency action. We may, however, apply the epistemic doctrine, and say that the outcomes are uncertain. Any of three options may have been brought about: the death of both men, the saving of one and not the other, and the continued living of both soldiers. The actual objective outcomes are far from a tie, but the possible outcomes have, on the face of it, equal risk of happening: the bullets are flying, etc. When a person takes a risk in favor of utility, where there is subjectively equal probability of occurrence among options, and where the outcome is successful, we may call that a weak kind of “supererogation”, because all subjective utilitarianism asks you to do is maximize what you predict to be the best outcome, while you’ve gone further and maximized an outcome beyond what you could have known.

Thus, in a way, subjective and objective utilitarianisms cohabitate. Acting for subjective utility is your duty; but acting for objective utility can be virtuous.

In this perhaps disquieting sense, supererogation is a matter of luck. This itself may show a kind of insensitivity to character which the contemporary virtue theorist would find wanting. But a defence of virtue need not cash in solely on supererogation: it may, simply, look to essential virtues. For example, the creative striving towards achievement of preventative and agentic duties would be other examples of virtuous (though not supererogatory) acts and abilities.

[Edit: The above comments may read as though they were a concession. If superergogation were merely a matter of luck, then it would not seem to be supererogation at all. I am prepared to agree with this outcome, though still, I think it perfectly feasible to find stand-ins for the concept of supererogation in the apparatus that has already been laid out. Virtue provides many of the same intuitions we're looking for, without forcing us to be committed to the absurd idea of going beyond the optimal.

As I indicated, we may speak of virtue as skill with respect to agentic duties, and suppose that those who have developed social and moral knowledge and reasoning are those who seem to satisfy the description of "going beyond the call of duty". One important agentic duty, worth heavy consideration, is the obligation to grow with respect to one's socio-moral skills and knowledge when they have the opportunity to do so. A person cannot possibly be held accountable as an agent for those things which are beyond their skills to infer, though in general we may reasonably expect and demand gradual moral growth when all other things are left equal.]

3. The justice objection. But some would say that the maximization of happiness is not, at a fundamental level, just. This accusation can be made in a few ways: a) by appeal to retributive justice; b) by appeal to distributive justice.

Harwood sums up the retributive justice objection succinctly: “Utilitarianism is often criticized for failing to treat retributive justice (giving the guilty and only the guilty the punishment they deserve…) as having intrinsic moral importance.” For the distributive justice objection, we may imagine a case where a substantial minority of persons is treated with disrespect, must live in squalor, and so on, so that the greater majority may live in wealth and peace.

Both of these worries can be replied to with a single argument, because they are both based upon the failure to treat long-term consequences and social consequences seriously. For purposes of completeness, though, I will reply first on the basis of philosophical clarity, and then substantively.

To be clear: utilitarianism treats happiness, and only happiness, as being that which has intrinsic value. However, it doesn’t necessarily say anything, so far as I know, about “intrinsic moral value”. The very name – “utilitarianism” — is meant to suggest that morality is instrumentally conceived, and that there’s nothing intrinsic about the moral values it endorses. Indeed, from what I understand, there is no such thing as an ‘intrinsic moral value’ at all, by the utility standard. Thus, the objection’s aim is true. But it is hardly motivating; this portion of the argument, when taken alone, succeeds only at making us aware of an explicit fact about the doctrine, and doesn’t give us a reason to pause, especially when this part of the doctrine seems docile. Moreover, if one wanted to say, for example, that family, or life, is of intrinsic moral value, then we have the ability to rejoin by saying: “These things are not of intrinsic moral value, but incorrigible moral value”.

Substantively, utilitarianism has been accused of getting on the wrong side of morality. Take the case, for instance, where a doctor is left to decide whether or not to harvest the organs of a living, perfectly healthy hobo, in order to save the lives of five other dying men. According to the detractors, utilitarianism requires us to slaughter the hobo to save the five men. This is just one example. Many cases of this kind have been formulated in order to show that utilitarianism gives no regard for the innocence of the man to be slaughtered.

I think it’s obvious that, all other things equal, the hobo cannot be morally slaughtered to save five dying men. Any utilitarian who would affirm that the hobo ought to be killed would be pathological.

Luckily, though, as we have seen, agency is an incorrigible value; the life choices of the hobo is thus of pressing relevance to us. This is brought home if we again consider the social consequences of murder for short-term gain. Any social system which tolerated such a kind of act, would be a social system which in the long-term would fail to maximize utility, in the sense that it would be a Hobbesian hell to live in. Thus, the distinction between long-term and short-term consequences answers this objection.

The objection from distributive justice fails for the same general reason: it fails to take into account remoter effects. The enslaved minority is suppressed, and the value of agency is muted, thus reducing utility.

Moreover, the objector stipulates that this is the best condition that there ever could be; essentially, that a condition of slavery is the best of all possible worlds, and there is no improving upon it. Thus, the objection is based upon what we know to be an absurdity. Their case is based upon a grossly distorted world, and presupposes facts that I believe to be just plain false, given the nature of social systems, etc.

Let’s pretend, though, that it really were the case that a condition of slavery were the best of all possible worlds. Would that be a moral world? By our standards, no; in fact, utilitarianism would seem to be just plain false in such a universe. But let those other universes have their own doctrines. Ethics cares only for guidance towards proper action, thought, and life in our universe.

This is not to accuse all theorists of constructing fantastic cases. I am not one of those people who will belittle a dubious thought-experiment just for the sake of polemical stridency. I only wished to show in the last two paragraphs that, often, there are cases which are based on the hellishness of the world involved, and our intuitions have been soaked with anxiety that arises, not from utilitarianism, but from absurd counterfactual preconditions.

But Harwood rightly notes that, while this sort of reply may be cogent when dealing with philosophical flights of the imagination, similar cases may be found in the real world which are both analogous and conceivable. So what about real-world cases which demand seemingly unjust acts? Take the case of sailors who are adrift at sea, and whose food supply has run short. In order to have a hope of survival, they must eat one of their crewmates. What does utilitarianism have to say in such a situation? First, I must point out the difference between an emergency situation and a non-emergency one; the first cases we saw (the hobo case, the slavery case) are not emergencies, but the cannibalism case is an emergency. Moreover, it is not just an emergency case, but a no-win scenario: no matter what choices are made, they will create misery (at best); the only available options are to reduce misery, and happiness is scarcely in sight.

With those two things in mind, it is my sad duty to say that cannibalism at sea is in line with utilitarianism. This is a case where the demands of fundamental justice (utility) run up against the standard deontic demands of justice (do not murder). Utilitarianism must advise the sailors to do what is necessary to survive.

Indeed, this seems to be the strongest blow against utilitarianism that I have so far surveyed. However, it is far from decisive, for two reasons. First, as noted by Grotius, in law and practice, courts of justice have agreed with the decisions of the sailors, and have allowed mitigating circumstances to relieve them of guilt. But this is a weak defence: what may be said about law and justice, is not necessarily anything to do with virtue and morality; and there are no virtues in killing and eating a dying comrade.

My second reply may not be very convincing, but it is, for the moment, all I can think of. Because of the argument in reply to objection #2, we still have latitude to say that someone who was in a cannibalistic situation, and did not know whether or not they would survive without resorting to cannibalism, and decided not to engage in it, but was lucky enough to actually be in a situation where they would in fact be saved in time, then they may be rightfully called virtuous. In a case where the person is not so lucky, however, they have sacrificed virtue, duty, and life. In this sense, to be supererogatively virtuous is to be a high-stakes gambler.

4. Utilitarianism against promises. Utilitarianism, according to some critics, does not take promise-keeping seriously enough. Thus, for example, if I promise my dying mother to leave flowers upon her grave after her death, and fail to do so, I’m not breaking a moral duty, since she will never know.

The greater objection is befuddling to me. There are clear cases where you should not, morally, engage in felicity. Let’s take another case: a woman is dying in her bed. You are this woman’s daughter. You have previously promised her that you will always tell her the truth. She asks you, “How is Dave?”, your brother and her beloved son. You have just found out that Dave died in a car accident, but the mother doesn’t know it yet. Do you tell her the truth, and let her spend her last moments on Earth in misery?

Of course not.

The “flowers” case is also unconvincing because it misunderstands human relationships. People can be understood either as personalities, or as bodies and minds in space. A personality is a meaningful entity which soaks into others through interaction, and gives us a sense of the affinities of others, their preferences, delights, mannerisms, beliefs, etc. A body (and mind) is the physical thing which creates the personality. When the body and mind die, the personality may live on in the people who have grown accustomed to it. Moreover, we never really know any bodies or minds besides our own in the way that we know of personalities. Finally, my personality may be minorly altered by my loved ones; their personality soaks into mine, in some way. My duty to my dead mother lives on because her personality lives in me, and because I have a duty to my own happiness.

I have treated here some of the extreme forms of this point, but the moderate forms seem so easily explainable by a utilitarian standard that it is neither worth my time to belabor the argument nor your time to read it. In short: promises are important; they foster trust; happy human life is social; social life depends on trust.

“Unsound examinations of utilitarianism” series: part one

In Sterling Harwood’s essay, “Eleven Objections to Utilitarianism”, he surveys a number of critiques to utilitarianism, and then examines them for cogency. Over the next month, I will summarize all of those objections, along with his answers. I will then evaluate both. During the final week, I will examine any other miscellanious objections which I have encountered and feel like addressing.

Since this is a blog, each post after this one will be in bite-sized packets of three. To anticipate: classical utilitarianism is riddled with absurdity, but utilitarianism in general – as in the body of theories which center around the principle of utility – must be a permanent feature of moral and/or meta-ethical analysis.

I. The aretaic objection: “Utilitarianism is overly demanding.” Because the principle of utility requires us to treat people impartially, it alienates us from our integrity, and forces us to examine a situation from some third-person standpoint. This a) makes duties to our friends (associational duties) impossible, and b) forces us to into the squalor of excessive altruism, where we must give away anything and everything we own (for instance) so long as doing so does not reduce our happiness to low levels.

Harwood’s treatment is fourfold.

i) The “penny saved” rebuttal. He argues that the anticipation of future horrors (i.e., of overpopulation) is reason to amass one’s wealth wisely, so that it accumulates, and so future charity will be more significant.

This seems like a very poor defence. For generally speaking, misery accumulates: protection now will reduce burdens later. The maxim, “Prevention is the cure” seems wise enough in many cases.

ii) The “suck it up” rebuttal. Harwood explains that this objection is simply a reflection of the difficulty of morality. It is simply a fact of the matter that it is hard to be a moral person. We complain about the impartiality requirement, but in fact, being moral is tough. Our resistence arises out of a weakness of will.

And indeed, there is often a time where the moralist must say, “Oh, suck it up already”, to someone who suffers without reasonable cause (i.e., in modest – but not extreme – psychosomatic cases). However, the desire to protect oneself, one’s friends, and one’s family from harm is hardly as trite as the bruising of a kneecap. Harwood is hardly taking the objection as seriously as it deserves here. Personal projects and associations seem to have a genuine moral weight.

This objection from integrity has been offered as a decisive objection against utilitarianism by famous icons in contemporary ethical theory. Bernard Williams (and to a lesser extent, Samuel Scheffler) are theorists who believe that, in some manner or other, utilitarianism as usually conceived must alienate the moral actor from their integrity. Their greivances, as far as I can make out, are that: a) personal integrity must be treated as a value, and does not play a more fundamental role at the level of producing the right; b) utilitarianism alienates the person from the option to do otherwise and still be considered moral.

I would affirm the correctness of a), but find nothing compelling in the objection. Integrity, insofar as it is morally significant, is one of those values which produces happiness. Thus, we have a means of including integrity (and associational duties) as items with moral weight. There can be no fundamental alienation from integrity if it may be included in the theory at least some of the time, so this objection fails.

(b), however, is more interesting. Take a case where an actor evidently has a very clear utilitarian duty to optimize happiness. Let’s say that Jim would increase the happiness of Sally if he bought her iced cream by amount x. Let’s also say that Jim was thinking of buying a model airplane in order to receive happiness y. The two cost the same amount of money. Let’s also say that Sally has had a bad day and that iced cream would give her twice the pleasure as that which Jim would get from buying a model airplane: x = 2y. The question is: if he bought the model plane, would that be moral?

Utilitarianism seems to say, it is better for you to buy the iced cream. Integrity theorists (esp. Schefflerians) say, you have the option to do whatever you want and still be moral; after all, we’re dealing with really small quantities of happiness, here. For them, you can make the non-utilitarian choice, and still be moral. Integrity theorists want to say that utilitarianism can provide no options in the matter, but would also insist that there really ought to be the more egoistic moral alternative (within some bounds).

The accusation is subtle. It is not that utilitarianism cannot ever tell a person to do an altruistic act; for that would be a just plain goofy reading of utilitarianism, and unintuitive no matter what ethical point of view you’re coming from. Equally (I think), they’re not saying that, strictly speaking, utilitarianism is anti-egoistic. Rather, they aim for a modest claim — they think that utilitarianism destroys the idea of moral choice, or of merely permissible behavior, especially (for Scheffler) where there are low levels of happiness involved.

We can find an excellent rejoinder in another defence which Harwood covers.

iii) The epistemic rebuttal. He invokes Kurt Baier (and, it turns out, Henry Sidgwick), in arguing that people are simply better judges of their own desires, which makes some degree of egoism acceptable.

Ultimately, this is the lynchpin which secures the defence of utilitarianism. The thought-experiment presented in (ii b) is predicated on knowledge that we don’t normally have. It should not be a surprise that a scenario which effectively postulates omniscience will produce unintuitive results.

Indeed, beyond the fulfillment of basic needs, what we know about human happiness is limited to those with whom we are most intimately familiar; and our knowledge makes any of our duties far more clear. On this view, we do have options. They arise out of uncertainty about the best means of achieving the utiliarian goal. Strike out the uncertainty, and one’s moral choices are far more limited. (This is not to suggest that having moral choice is a blessing, incidentally. Social psychology has made clear that our minds derive less satisfaction from a state of affairs when we are given more choice of alternatives.) In other words: knowledge of preferences demands familiarity.

But this is likely not enough to convince a non-believer in utilitarianism. So here is another argument that is not mentioned by Harwood. There is a difference between happiness and enjoyment. Enjoyment is the reflection upon happiness, the meditation upon it such that it produces more happiness. To enjoy one’s own personal projects is to amplify one’s happiness beyond the levels one would ordinarily have. Enjoyment is, at some level, an ad hoc choice.

Two conclusions arise: one, all other things equal, to produce happiness in others without choosing to do so, is to tacitly subscribe to a rule which says, “No enjoyment”. This will eventually, after precedent etc., fail to optimize utility. Here, of course, I am invoking rules. But I should clarify that I’m still within the sphere of act-utilitarianism. Properly understood, a rule is merely a cognitive device that governs a certain exceptional kind of act. The act is the thing we care about; rules just help us get there. In this sense, enjoyment propels happiness.

Two, in principle, an ad hoc choice is not knowable to an outsider, it is only known to the agent themselves. In this sense, it is both unpredictable and, for all intents and purposes, secret.

iv) The pride rebuttal. He argues that there is significant value to not simply feeling like a charity case.

This is true in Western cultures. But the real question is, “WHY might this be true, consistent with utilitarianism?”. It may be explained, I think, by the fact that agency is an incorrigible value – that is to say, one’s sense of self and of personal powers inevitably tends to provoke a primordial respect for agency in the abstract. In certain cultural climates, and in people whose senses of self are appropriately developed, this respect for agency may lead to a sense of dignity, and to the demand to be the power which sustains their own life. Thus, agency is incorrigible. Utility must be organized around it, because of the kind of beings that we are.

[Edit: In some cultures, such as ours, this rightly leads to a division between positive and negative responsibility. Doing a bad action seems as though it is somewhat worse than allowing a bad action. Utilitarianism has been accused of favoring a strong thesis of negative responsibility: where the bad consequences that arise out of your creative striving are equally bad as those you allow to happen. But if we take agency to be incorrigible, it will modify our moral calculations along the lines of the "enjoyment" thesis, in such a way that the wrongs associated with agency will seem more wrong, and the rights associated will seem more right.

Consequentialism is a doctrine that doesn't directly appeal to our intentions, and this has caused dismay in some readers. But with agency as a part of our apparatus, we have just enough leeway to understand how intent matters in moral deliberation.

It is easy to make the mistake of thinking that the consequences of an action are agent-external, or merely situational. But the actions of persons affect the behaviors of other persons: these are social consequences. Still, if consequentialist considerations of actor-internal factors seem ad hoc or unconvincing to the reader, I should note that the same principle applies to non-intentional behaviors as well: namely, our habits. Later on, we'll understand more about the role of rules in utilitarianism. But suffice it to say right now that the bad consequences which arise out of rule violation center in large part around our habits. If we accept this latter thesis, then it is only a short step before we accept the thesis about intentions. For both habits and intentions are agent-internal.]

Is there Such a Thing as the Western Culture?

Is there such a thing as the Western culture and, correspondingly, the Western identity? If so, then it is characterized by enormous internal diversity and conflict at least since the 16th Century. Here is just a brief impressionistic sketch of some of what surely goes into the broth of Western culture (and what follows is by no means meant to be exhaustive, nor does it follow any particular chronology): Universalism, all sorts of particularisms, the Catholic Church, Luther, and Voltaire. The natural philosophers and the birth of science and secularism. Rationalism and empiricism. The invention of capitalism and socialism, the birth of the nation state, of democracy, constitutionalism, and fascism. The kicking off of a succession of information revolutions from the printing press to the telegraph to the Internet. Internal warfare to the brink of extinction, the (always devastating) crusades for spiritual, intellectual, or ethnic purity, and the incrementalist approaches of the realists, along with tolerance and relativism. External warfare, ever greater mastery of applying organized violence on a massive scale, colonization, propaganda, the League of Nations, universal suffrage, emancipation, and the Universal Declaration of Human Rights. The role of the cities and of commerce in bringing down the feudal system, and the universities as the fermenters of new, radical ideas. The dualist denial of sensuality and the invention of romantic love. That’s the wonderful, murderous, self-contradictory dynamism of the West. This is a different picture of the West than the one that cultural conservatives (or progressives, for that matter) are painting. Western identity is not primarily defined by a certain set of core values (even though it would be nice to think so), but by its constant unrest and ferment. And so it seems to me that not core values and enlightenment but the constant struggle between the conflicting forces fully unleashed and accelerated by enlightenment (and the resulting denial of of both the comforts of particularism and of universalism) might outline the contours of a modern Western identity.
[tags]Western culture, identity[/tags]

Faith and Act (a rejoinder to Nowicki)

Along with Elizabeth Nowicki, I believe that in ordinary language we can very sensibly talk about the phrase ‘not in good faith’ without necessarily meaning ‘bad faith’. Rather, double negation phrases seem, in conversation, to mean a third in-between category. My last post was an attempt to shed some light on what features there are in ordinary language which could account for this. I concluded by saying that, while ordinary language may very plausibly and legitimately accept the third category, the law will probably not tolerate it, because the nature of the system is to render judgments on the basis of clear meanings, and this is accomplished most easily through black-and-white categories. Manfred Gabriel of L&S, in a related post (and far before mine), explained this legal Manicheanism by appealing to the action-oriented character of law. More recently, Nowicki has carefully expanded upon her interpretation of the Disney case, item by item.

The conclusion of my last post on L&S was both supportive, and cautiously pessimistic. The purpose of the present post, however, is to examine Nowicki’s proposal for interpretation of “not in good faith” on different grounds. It will veer away from language and into law and morality (to the extent that they may be separated). I have two related worries: one involves the use of the concept of “action”; the other, on “bad faith”.

Before I do those things, I first want to point out where I think Elizabeth has sold herself short. In item three, she asks us to consider the following case: “Director signs-off on President’s pay package because President is a good friend. Is this act affirmatively in the best interests of the corp./sh.? NO. This is, at the very least, an act NOT IN GOOD FAITH. Is this willful misconduct? I THINK SO. Label: BAD FAITH ACT. If reasonable minds differ, however, as to whether this act rises to the level of “BAD FAITH,” we can all agree that it is, at the least, an act “not in good faith,” as noted above, such that it is outside the business judgment rule presumption and DGCL 102(b)(7).” It seems to me that (if the description is accurate) then it is clearly, hands down, an act of bad faith. It’s true that it falls inside of the rest of 102(b)(7), presumably the “don’t act for improper personal benefits” clause; and to be safe on first blush, we might be hesitant about describing that as being a clear case of non-good-faith, since just because two clauses sit next to each other it doesn’t mean they’re identical in content (no doubt I’m just echoing Nowicki here). But logically it seems to me that the not-in-improper-personal-interest clause is indeed a member of to the “not in good faith” one, so long as we (reasonably) assume that in this context an act that is done for the sake of improper personal benefits is not, and cannot be, to act for the best interests of the corporation.

I. My preference for discussing the “good faith” issue tends to be in terms of behavior and not only action. This is because, for instance, negligence is not an action, or at least can’t best be described as an action (though some have tried). Rather, negligence is the absence of correct action; the derelection of a duty which may occur due to carelessness, not due to malign intent, but due to an absence of the right intent which would lead to correct action. For instance, negligence is understandable as being not-in-good-faith behavior in the DGCL. It reads, “The certificate of incorporation may also contain… A provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, provided that such provision shall not eliminate or limit the liability of a director… for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law” (emphasis mine). Ommissions are a solid half of what it can mean to be in a state of non-good faith. This is important because it appears that the ethically relevant aspects of Nowicki’s items five, six, and seven — her “not in good faith” judgments — are not themselves actions. Rather, they’re ommissions, or failures to act. So we should talk in terms of “behavior”, it seems to me, because behavior is a broad enough descriptive category to cover both act and omission.

II. What about the difference between bad faith and the third category of non-good faith? For many of us, intuition tells us that malicious intent is quite worse than negligence, because we have intuitions about a difference between positive and negative responsibility (or, roughly, between doing harm and allowing harm). And the most sensible way to make sense of the intuition in this case is to appeal to the third category between good and bad faith, or draw out graded categories. But, putting different lengths of judicial sentencing aside — the law here seems to observe no difference between bad faith and non-good-faith, or (if it did accept there was a difference) doesn’t seem to care.

The question becomes: should it care? And why?

Arguments can be made, either moral or linguistic. My previous post offered an ordinary-language argument (along the same lines as Nowicki’s, though with some differences). But linguistic arguments are unmotivated suggestions if they lack moral consideration. So I have to ask: is it possible that, for all intents and purposes, negligence could be in the same moral category as malicious intent – the category of “bad faith”?

Agreed, this sounds bizarre on the face of it. Negligence doesn’t seem intuitively like it is in the same ballpark as malicious intent. But in what follows, I’ll offer some reasons why they can be understood as being in the same category.

It seems to me, intuitively, that a deontic-sounding argument can be made that an ommission (failure to act) can be legitimately called “bad faith behavior” if it involves a dereliction of written duties. Written duties are those where there is a pre-established obligation, i.e., a habit of conduct. Unwritten ones are where an unexpected situation arises for which a reasonable person can easily arrive at morally acceptable solutions, but to which they have no prior instruction or expectation, general or precise. To paraphrase one infamous political philosopher, unwritten laws are obvious by way of reason, and their content does not derive from the will of an external force.

Morally, duties can be normal (i.e., the obligation to act, to inform or discuss), or agentic (i.e., the obligation to learn). The infamous Kitty Genovese case is one example where people had failed to fulfill their obligation to act, and a young woman died horribly because of it; several of the items which Nowicki presents are illustrations of the Director’s failure to fulfill an obligation to inform. The obligation to learn new facts is also an essential component of the analysis; if a person, say, fails to stay abreast of certain issues and make informed decisions despite the fact that that is their fiduciary role, then they’re failing to take seriously the obligation to learn. Even more obviously, a security guard has the obligation to watch for burglars, to learn that burglars are burgaling; otherwise, they seem to be committing what Nowicki rightfully calls “gross negligence in becoming informed”.

I would imagine that a person violates their unwritten duties largely through neglect of normal or agentic duties, and is engaging intuitively in bad faith when they avoid performing said duties. But it’s not fair to blame a person for violation of unwritten duties when they’re not also violating any normal or agentic duties; they might just be feeling sluggish that day, or have bad moral luck.

This little taxonomy of duties isn’t idle (I hope). By keeping in mind the notion of agentic duties, we have a means of being able to say to a negligent individual that they have behaved in bad faith — through ommission, which as we have seen, the law seems to allow. Moreover, it would likely be agreed on all hands that the consequences of ignoring agentic duties can be dire (as is obvious in the burglar case, and arguably also in the Disney case). WIth all these considerations, it seems to be a very small imaginative leap to say that cases of agentic negligence may be instances of “bad faith”.

What do you folks think?

[Philosophical debts to: Thomas Hobbes (unwritten laws); Philippa Foot and Warren Quinn (moral agency, though this post disagreed with them both]

Prototypes and negations: one interpretation of Nowicki’s intuition

All social structures are made of meanings. So it is no surprise that a problem in the philosophy of language would wreck havoc in practical legal cases. Recently, Elizabeth Nowicki (from Concurring Opinions) has advocated a certain interpretation of the legal phrase, “not in good faith”, inspired in part by the recent Disney ruling. Her interpretation can be summarized as follows: “The “not in good faith” universe is larger than the “bad faith” universe; the phrases “bad faith” and “not in good faith” are not interchangeable. A plaintiff/shareholder can show that a director acted “not in good faith” by showing something much more “Caremark-esque” than “Enron-esque.” A director does not need to affirmatively act in bad faith (fraud, lying, deceit) in order to violate his obligation to act “in good faith.” She just has to. . . fail to act in good faith.” This interpretation sits between a rock and a hard place: the rock is (seemingly) mainstream logic, and the hardplace is natural language.

I think she’s right, after a fashion, and want to show how her underlying intuitions are onto something, both logically and pragmatically. But we have to start with an analysis of language before we make sense of the law.

Take this utterance as true:

(1) That film wasn’t bad.

What does it mean, logically? What does it mean, pragmatically?

In mainstream logic, there is a rule called “double negation”. It says that two “not”s which follow each other are logically identical to there not being a not in the first place. Take the following utterance:

(2) That film wasn’t not good.

It is synonymous with (1), because the meaning of “bad” seems to be “not good”. Now we can apply the rule of double negation. This isn’t a very special rule: all we need to do is take the two “nots” in (2) and eliminate them, and it gives us the entailment

(2`) That film was good.

This rule is intuitively supported by the fact that in conversation people tend to get tired of constant double-negations, since double negations require a few mental jumps to decode. Presumably, people would be satisfied if the speaker were just to say what they meant in a straightforward way, possibly much like (2`).

But natural language tells us that this interpretation (2`) of (1) is incomplete. While (2`) is one possible interpretation of (1), it’s not the only interpretation. Indeed, we usually mean something quite different when we say “That film wasn’t bad”: we mean to say that it was, basically, mediocre.

We usually assume that people are trying to make the most out of their utterances. If people choose to speak in a certain way, we usually assume that there’s a relevant reason behind the choice of words. So when we encounter a double-negation, like in (1), we assume that there’s a special secret message that the sender is trying to communicate. In this case, the special secret message would be, “It’s not bad, but if I thought it were any good I would have said so, so the only option left is that it’s somewhere between good and bad”.

We might be forced to say that natural language has failed us (as the logical positivists may have done), or we might be tempted to say that logic has failed us (as the logical intuitionists may have done). Though both of these options are plausible, after Paul Grice, they seem terribly outdated. Or we might claim that the negation of “good” is not in fact “bad”; rather, that it is “bad or mediocre”. And that might be appropriate for some contexts, but discussions concerned with law demand a kind of Manicheanism that makes a genuine third option inadvisable. So I don’t want to do any of these things. Rather, I’d like for us to have a more nuanced understanding of language.

Take any lexical word: say, “birds”. That word summons up all kinds of birds to the mind: geese, robins, etc. But some birds are unusual, and they sit at the periphery of the meaning of the word: for example, penguins, or ostriches. The word, “birds”, has graded membership. At the center are the common birds, the prototypical birds; at the outskirts are the anomalous birds who don’t seem to fit with the rest.

With that in mind, take the utterance:

(3) That’s not a bird!

uttered by someone in reference to some mystery animal. If they were to say that about a robin, they’d be clearly wrong. And if they were to say it about a penguin, then they’d also be wrong — but it wouldn’t necessarily be obvious or clear. So graded membership doesn’t seem to matter in that case. But the word “birds” deals with a well-defined class of things. On the other hand, when we start using terms like “good” and “bad”, the class is not well-defined at all; we’re stuck with intuitions about what makes up a kind of thing, but there’s semantic uncertainty.

In the case of the film, while you’re still stuck with two categories — the Good and the Bad — it would seem that you might be able to say that there are items at the periphery of each. Imagine you have a list of movies in your head: some which are clearly good (i.e., The Usual Suspects), some which are barely good (Jeepers Creepers), some which are barely bad (The Transporter), and some which are awful (24 Hours in London). [For the sake of argument, take it for granted that these films fall into the categories that I've listed, even if you have different tastes.]

Let’s revisit (1). If you were to walk out of Jeepers Creepers and say, “That movie wasn’t bad”, you would both be satisfying the intuition that it was mediocre (and satisfy natural language), and at the same time be in line with mainstream logic. Because while you’d still be really saying that “That movie was good”, it would be at the periphery of “good”.

We’ve gotten the idea by now. So let’s clear the table of these mundane statements and get back to the original phrase, “not in good faith”. Literally, this entails “not in non-bad faith”, and logically entails, “bad faith”. But there is nuance and latitude to what is covered by the meanings of “good faith” and “bad faith”; both terms can extend to cover what we’d ordinarily just think of as mediocre behaviors which we can classify as being, for all intents and purposes, between clear ideas of what make up good and bad faith behavior. But, because we need to be totally clear, we need to make it fall under one category and not the other.

This diagram makes it appear as though there is an in-between category (represented by “y”). And on first blush, we can attribute there to be one there. But because we need to be clear, we have to decide to move “y” into one category or the other. So negligence, for instance, might fall into the outskirts of the class we call “bad faith” behavior (call it “putatively bad faith” behavior).

On the surface of it, this might seem like a claim that is hostile to Nowicki’s. However, it is not. First, I have put my analysis in terms of behavior and not action, while she used only actions; this makes our accounts somewhat incommensurable. Second, to put my conclusions in her terms, the “not in good faith” universe is indeed larger than the “obviously bad faith” universe in relevant ways; however, the phrases “bad faith” and “not in good faith” are interchangeable in all relevant respects.

This interpretation may or may not satisfy Elizabeth Nowicki (it may, perhaps, be a bit too theoretical for the courtroom); and it may or may not satisfy most philosophers of language and logic. But it is, I think, at least one possibility to consider. It has the attraction of being able to accomodate intuitions from all sides.

[This post is indebted to Dan Sperber & Deirdre Wilson (relevance theory), L.E.J. Brouwer (logical intuitionism), Eleanor Rosch & George Lakoff (prototype semantics), and Kit Fine (supervaluationism and precisification).]

Two complaints in the study of ideology

Ideology is incorrigibly interesting. For apathy is not an option in ethics, semantics, and society, since all three are essential to social life. All correspond to some social habits, and each are compelled by our nature; and habits, being a part of everyday life, tend to be hard to ignore. Admittedly, questions of ideology are sometimes at the fringe of ethics and institutional analysis both. Still, while they should not compel the attraction of everyone, and where ideology intersects with ethics, it ought to (and usually will) inspire some interest. And anyway, anyone who is interested in the creeds that buttress institutions will find ideology to be fascinating.

The semantics of ideology are an essential part of the study of ideology itself. Indifference toward lexical semantics by any scholar of ideology is sure to dupe us all; for it will lead to a divide between people who are largely in agreement, and muddle together those who have deep disagreements. This is an interpretive and ethical mistake. It is also a scientific mistake: for, in the words of Stephen Jay Gould, “taxonomies are theories of order” (cited in The Annual Review of Sociology (1994), “Societal Taxonomies” by Gerhard Lenski).

There are at least two possible practices which lead to the aformentioned dooms. Both arise out of disputes over how to formulate the concept of “ideology”. The first practice involves a flight from philosophical social science and into mere description. The second practice involves conflation of political ideology with other forms of ideology.

1. There is an enticing view which tells us that an ideology is nothing more than how an ideologically charged word is collectively understood. It states that meaning is power; that all social structures are just the roles and expectations that have found a way to crystallize into meanings; that a word is a fortress, a flag, which people use to represent themselves to others, and around which they rally. And there is much truth to this view.

But our discussion over ideologies ought to be principled, not just a contest of folk usage. To use John Kvanvig’s language, the study of ideology must be “value-driven”, not as a simple game of gathering popular linguistic preferences; it ought to be partially prescriptive, not merely descriptive. A political ideology is a set of plans for governmental order, the sort that one may find in a manifesto. To secure a clear idea of what should be a part of such a manifesto, we need to filter out popular ideas which have no bearing on the philosophies represented by a particular ideology. Rather, we must prescribe the meaning of an ideology (or set of ideologies), and construct plausible meanings of an ideology out of historical context and precedent as they are understood by informed persons.

2. The concept of “ideology” is indeterminate with respect to the scope of its content. On my last perusal of political science articles, the term (it was hoped) would be used to describe a great pot full of ideas. “Liberalism”, for instance, is not to be taken as a certain kind of creed with a nest of characteristic plans for state and society, but rather, a whole worldview, which includes the various and sundry vexes and affiliations that a person has in their social life: views on parenting, on education, etc. This sentiment finds folk popularity in many quarters; George Lakoff, for instance, seems to associate maternalism (as a metaphor) with liberalism.

I take this to be a step in the wrong direction, although with the best of intentions. We need to be a bit more incisive, and develop a taxonomy of ideologies. There are, for my purposes, at least three kinds of ideology: those which treat of wordly wisdom, or the social facts that people hold in their lives; the part which gives rise to social ideologies, which pertain to issues of social identity, household management, everyday life, and so on; and the part which holds certain political or collective plans, which may ideally be captured in the form of a manifesto. Only the last sort can be understood as “political ideology”. And if there are interesting correlations which may be observed between the three, then fine; if, for instance, it may be observed that self-titled socialists tend to have a certain view of economics, then we may associate their political plans with their scientific worldview. But as far as political ideologies themselves go, our discussion ought to be limited.

Such a taxonomy is not of merely idle interest. For instance, with the above tools at hand, we may examine the work of Karl Mannheim in a new light. He, writing in the Marxist tradition, understood ideology to be a pejorative term which was used to describe ostensibly irrational beliefs about social life: a set of ideas that “conceals the present by attempting to comprehend it in terms of the past” (cited in George Ritzer’s “Classical Sociology Theory”). He was evidently speaking of social philosophy, or worldly wisdom, not political ideology.

My worry is that, without making sense of the differences between these sets of ideas, it will inspire the kind of generalizations that make ideological discussion needlessly toxic. If my political ideology (that is, my plans for reform or status quo) are so-and-so, it does not necessarily entail that my economic and social ideologies are such-and-such. To take the Lakoffian example, although I may support welfare, I may justify the practice in many different ways: through cold utilitarian terms, virtue ethics, distributional justice, perhaps even perfectionism, not just some maternalistic ethics of caring. Sure, many advocates of welfare also likely do so out of sympathy; but this is a connection that needs to be shown, not inferred, and which may be wrong. Without separate categories, there temptation for conflation is too great.

The Ethics of Competition

Is economic competition morally defensible? It is to Johnathan Wolff’s credit that he asks this question in his paper The Ethics of Competition, given how much of our social interactions are driven by, depend upon and support economic competition.

When Tesco opens its new supermarket at the end of my road, it will put many local traders out of business. What is the difference between that and theft or arson?

Economists would point out that loss of patronage is merely a pecuniary externality. What the local traders lose by having to lower their prices their consumers gain. Competition leads to a redistribution of wealth, and since the local traders have no greater normative entitlement to wealth than the consumers (or Tesco for that matter), the change in the pattern of wealth distribution is morally neutral. Moreover, or so the argument goes, competition is likely to increase total welfare by forcing both local traders and Tesco to provide better value to their customers.
Wolff concedes the point that there are strong consequentialist justifications for economic competition, and so he turns his attention to non-instrumental justifications, which he finds unconvincing.

One argument made all too often is that competitive free trade is required by a proper respect for liberty. Anti-competitive situations are those in which certain people are prevented from doing something they want to do and this, so it is said, reduces their liberty. Therefore freedom requires free competition. This argument, however, is seriously flawed. Few claim we should have the liberty to harm each other. It is not a restriction on my (legitimate) liberty if I am prohibited from burning down your business premises. Yet harm suffered in economic competition can be just as serious. What we want to know is why one of these harms is permissible and the other not. A simple appeal to liberty cannot possibly help.

This argument itself is seriously flawed, because liberty, from a rights-based perspective, is not equivalent to simple freedom of action. Rather, it is rooted in a concept of autonomy or self-governance. If my store is put out of business by arson, I not only lose freedom of action but also autonomy. If my store is put out of business by lawful competition, I lose freedom of action but my autonomy remains unaffected. From a rights-based perspective, that’s a crucial difference. But is the distinction plausible? One morally important feature of competition that Wolff ignores is that most economic competition is competition for voluntary cooperation. In the absence of violence and coercion, the local trader earns his profits by enticing consumers to cooperate, that is, to enter into a contract with him. The trader’s gain depends on his continued ability to offer his customers a good deal, relative to all the other potential deals available to them. Thus, the trader’s enjoyment of profits (which, we have to assume are a condition of his keeping the store) depends on a series of free choices made by his customers. On grounds of autonomy, the trader has no right to require customers to contract with him. If the customers freely decide to buy at Tesco’s, they do not violate the trader’s autonomy. So while the trader loses his profits, no one’s autonomy or free choice to cooperate has been abridged. In contrast, if someone burns down the trader’s shop, he loses his property against his will. His continued enjoyment of the store in that respect is not based on the voluntary cooperation of others, unlike the trader’s expectation of profits from operating the store. It seems to me that therein lies a meaningful moral difference, which can be explained within the framework of a rights-based theory. I therefore don’t share Wolff’s pessimism in justifying economic competition on non-consequentialist grounds.

[tags]Wolff, competition, economics, consequentialism[/tags]

Ben Nelson on Consequentialism

Ben Nelson left the following thoughtful comment to my previous post:

My point in the previous post was that there is very little disagreement between consequentialists and deontologists. In it, I had argued on the basis of a certain story about how rights arise. In this post, I’ll try to solidify deontology as compatible with one kind of consequentialism. To anticipate: hard-core deontologists may be entirely and comfortably cast as satisficing consequentialists.

First: a taxonomy. We can separate between two kinds of consequentialism: ethical and psychological. I take it for granted that psychological consequentialism is correct: that is to say, the thesis that the moral value of a thing arises out of our conscious and subconscious expectation of certain consequences which arise out of it. Ethical consequentialism, which is the more common meaning of “consequentialism”, may be understood as the doctrine which tells us that the right thing to do in a particular situation is dictated by a consideration of good consequences. It, in turn, comes in optimizing and satisficing varieties (though its associations with utilitarianism have created a habit of the doctrine being tied to optimizing consequences, as with the work of Brink etc.); where the optimizer is constantly striving to maximize some good, while the satisficer is happy after a certain minimal threshold is met.

The analysis of morality involves at least two categories: fundamental norms (categorical imperative, principle of utility, etc), and mid-level principles (prime facie duties). Fundamental norms straddle a borderline between the general field of abstract ethics (which provide intelligible ultimate rules to follow) and that of meta-ethics (which try to explain the intuitions, semantics, nature of world, etc behind the f. norms).

Next: an argument. Both varieties of consequentialism are by-and-large just explanatory meta-ethical doctrines which describe the genesis of moral systems in all of the most plausible of their forms. So it isn’t fair to ask the doctrine to have much normative power. While it may have some moral force to it, it is a limited force. Most of the labor that it does is in the field of meta-ethics.

To see what I mean, take one of the usual trolley-tracks examples, where the operator of a runaway train must decide whether to kill one pedestrian to save five others or not. Consequentialism provides zero guidance on what to do; it only provides a meek framework for analysis. A satisficing consequentialist, Stan, may believe he must never kill, because being in any way involved in the ending of a life is a moral stain; and Stan values the good will, and respect for persons. In which case, the most satisfactory condition for Stan would be if he did not kill a single person. Either way he chooses, he cannot fulfill his duties; no moral guidance can be provided. In a completely different vein, a morally pathological optimizing consequentialist, Opelia, might consider only the wellbeing of flowers to be of moral importance, and so constantly strive to make the world safer for flowers; and in the process, kill all humans for fertilizer. These are just two examples which show how consequentialism alone is not, and cannot be, clear.

It is true that utilitarianism and some kinds of ethical consequentialism may deliver a kind of moral clarity on the goals of the situation. However, ethical consequentialism proper says nothing about the matter: it is, for the mostpart, normatively opaque. So it is not true that “for a consequentialist the moral answer is clear: the interests of the many trump those of the few”. They may, or may not. Whereas at least one deontological reply would be identical to the satisficing consequentialist’s reply: in this decidedly unfortunate situation, one’s choices are constrained, one’s will is roped up, and thus one cannot fulfill their duties / satisfy consequences. I suspect this analysis is powerful enough to account for more than that.

—

I don’t worry about utilitarianism being unable to accomodate hard-core deontology, because I think the latter are morally deficient. If, for utilitarianism, rule-consequentialism collapses into a special kind of act-consequentialism, then I have only shrugs to offer. I don’t see the problem in that. Quite the opposite: I would argue that the absolutism which characterizes the hard-core deontological thinking is morally deficient. So that argument would probably steer a bit closer to what we’re looking for in a moral system. However, my purpose for the last two posts was just to defend consequentialism. I can pass onto the next subject, but I’m not sure I’ve been convincing enough. And if you disagree with my points here, the rest would probably be disagreeable as well. (So it goes.)

We may learn many things from the law, to be sure. It is inherantly practical; abstract ethics is errantly practical. In some sense, juggling mid-level principles, prime-facie duties, values, etc. is the real caramel core of ethics. But any attempt to abandon fundamental norms is, I think, premature, misguided, and will (given enough time) negotiate away virtue and morality.

There are at least three governing principles which are key to practical ethics (as in law): comprimise between two virtues, seek the mean between two opposed vices, and comprimise the needs of principles and those of reality. The first two actively rely upon the third, lest they become mere empty pragmatism (whose advice sways with the winds of politics). The third is fed by fundamental norms.

[tags]consequentialism[/tags]

Consequentialism, deontological ethics, and prima facie duties

In a recent post, I claimed rather traditionally that consequentialism and deontological ethics are based on two basic moral intuitions that coexist peacefully over a wide range of normal situations but lead to sharply different results in extreme situations. Usually, these extreme situations pit the vital interests of one person or a handful of people against the interests of many others, for example, they present us with the choice to kill one innocent person to save the lifes of many others. The key difference between consequentialism and deontological ethics in these instances is, assuming that killing the one would in fact save the others, that deontological theories picture the agent as having to make a tough moral choice (commit a moral wrong to save the lifes of others?) whereas for a consequentialist the moral answer is clear: the interests of the many trump those of the few. Consequently, the agent is morally required (not just permitted, or excused) to kill one innocent person to save the lives of many. For the consequentialist, no moral wrong is done in these situations. It is that particular feature of consequentialism that I find unpersuasive. In a reply to my post, Ben Nelson writes that my

analysis … is based on a popular error, which is the notion that consequentialist systems are in some way incompatible with duty- or rights- based ones. They are quite compatible, if one has the right meta-ethical account of rights. Rights arise out of dire social conditions which necessitate some social standard, and they arise specifically when somebody realizes that an improvement in social conditions can arise if and only if certain laws were made. In other words, if we have the right understanding of where rights come from, deontology dissolves into consequentialism proper.

I am not convinced. First, the factual question of how rights come into being does not address the normative question of whether the rights of the few should be sacrificed for the many, and whether in extreme situations as I describe them above, there is a genuine moral conflict at all. Second, the recasting of deontological positions in consequentialist terms, e.g., along the lines of R. M. Hare’s “Kantian utilitarianism” or, somewhat less ambitiously, as rule consequentialism, has its own methodological problems. The most significant problem is the collapse of any form of multi-step consequentialism into act-consequentialism.

What does that leave us with? Probably a somewhat messy moral world in which there are properties of actions, motives, and external states of affairs that have moral significance, but that cannot be ordered a priori in any meaningful way. Incompatible prima facie duties, both deontological and consequentialist in character, sometimes require us to make tough moral choices, where in a specific case principle A trumps principle B, but where the general normative force of the defeated principle continues and may well emerge victorious in different circumstances. Central to a meaningful first-order moral theory is therefore an understanding of how to balance competing normative claims, without recourse to a single, unified criterion for correctness. This is an area, where moral theory can probably learn a great deal from the law, because courts have always been cursed with having to make these kinds of messy tradeoffs.

[tags]consequentialism, deontological ethics, prima facie duties, law, balancing[/tags]

Making the World Safe for Utilitarianism

Non-relativistic moral theory oscillates between the two great intuitions of consequentialism and deontology. Consequentialism is intellectually rigorous, autitable, and eminently practical. The problem is that it leads to horrendous results, where the few are sacrificed for the good of the many. As Bentham famously said, “everyone is to count for one and no one for more than one.” Deontological theories, or rights-based approaches, focus on the individual. In Nozik’s words:

There are only individual people, with their own individual lives. Using one of these people for the benefit of others, uses him and benefits the others. Nothing more. What happens is that something is done to him for the sake of others. Talk of an overall social good covers this up. (Intentionally?) (Anarchy, State, Utopia)

The blueprints for modern deontological theories were outlined by Kant and Hegel. Practical reason (starting from “I”) or recognition (starting from “you”) demand that we attribute individuals with a hard nucleus of rights – rights sufficiently hardened to resist the pull of consequentialist considerations that can only be restricted and in some instances overridden by conflicting rights. That is all well and good and leaves most thoughtful people torn between these two intuitions, hoping that in the normal course of events consequentialism and rights-based theories won’t clash. Within that “normal” realm of peaceful coexistence, consequentialism has distinct advantages over rights-based moral theories, because its decision procedures are rational, require only a minimal set of anthropological assumptions, and yield sufficiently concrete results to be useful in practice, e.g., in designing social policy. Last but not least, consequentialism is significantly more compatible with the market and with economic theory than its deontological competitors. Given the significance of trade, exchange, and the market as a decentralized ordering principle of human cooperation and life, that compatibility underwrites much of the plausibility of consequentialism.

But what if the normal conditions don’t obtain? What if the normal conditions aren’t even normal at all but rather the exception to the norm? What if there are pervasive patterns of racial, social, and gender discrimination that undermine the consequential calculus already at an epistemological level? What if liberal democracies start torturing people, not to defuse the proverbial ticking bomb but to gather intelligence of questionable probative value?

Jonathan Wolff (University College London) doesn’t propose a solution to the latter problem. Instead, in Making the World Safe for Utilitarianism, he proposes a set of criteria to help us distinguish what he terms “fortunate circumstances” (my “normal conditions”) from “unfortunate circumstances.” Under fortunate circumstances, consequentialism works. Under unfortunate circumstances, it may lead to horrendous outcomes.

[Maximizing consequentialism is] very powerful but also very dangerous. Like a powerful but destructive technology, the task is understanding when to use it and when not to.

Here then are the four conditions of fortunate circumstances:

  1. There need to be regular opportunities of a similar nature. (Call this the assumption of “many chances”.)
  2. No single loss (or likely repeated series of losses) creates a type of level of harm for any individual from which recovery is very difficult or impossible. (The assumption of “recoverable loss”.)
  3. There is no reason to doubt that the probabilities run true. (The assumption of “true odds”.)
  4. All relevant gains and losses can be quantified and compared to each other. (The assumption of “weak commensurability”.)

In the absence of a unifying moral theory, knowing the conditions under which a partial theory applies is absolutely critical. Wolff’s list of criteria significantly advances the demarcation and classification effort. Highly recommended.
[tags]philosophy, utilitarianism, consequentialism, Wolff[/tags]

Was Kant just another rationalist in the footsteps of Descartes?

A couple of days ago, I got embroiled in yet another discussion with a person of considerable (and well deserved) academic reputation in philosophy, who steadfastly maintained that Kant was “just another rationalist in the footsteps of Descartes.” That, of course, is wrong on so many levels that it requires a somewhat lengthy post.

The rationalists of the 17th Century, in particular Descartes, were children of the Age of Faith. Descartes’ distrust of the senses, a suspicion he shares with the Platonic tradition, is entirely compatible with the rejection of the flesh by the church in the Middle Ages. Descartes didn’t set out to replace faith with reason, but rather to provide an alternative path to knowledge of god, soul, and the world (metaphysica specialis). Descartes, along with many of his contemporaries, realized that the foundations of religious inquiry into these matters, relying on sources such as revelation and dogma, were shaky. And so he set out to reason his way from an unshakeable foundation, a fundamentum incocussum, to the entire body of knowledge as it existed at the time. Descartes’ starting point, famously, was the reflexive sum res cogitans or cogito ergo sum, whereby the act of reasoning itself proved to be the only thing that could not be doubted. That starting point didn’t get him very far, so he had to introduce a very limited notion of god as a guarantor of an intelligible external universe, and from there the rational reconstruction of knowledge could and did proceed.

That was the kind of speculative metaphysics, rationalism run wild, against which Kant rebelled. But Kant, unlike Hume, didn’t reject rationalism per se, because above all, Kant was a devoted Newtonian. Kant was firmly on the side of the new natural philosophy, the engine of enlightenment, which later would mature into the natural sciences. But here was the problem: Newtonian physics was a highly theoretical, mathematically sophisticated undertaking and by no means particularly empirical. Empirical observations, in fact, were more or less relegated to confirming models and hypotheses. What was so striking about Newton’s physics was that for some strange and prior to Kant inexplicable reason, nature seemed to obey mathematics. Galileo was an empiricist, but because of that his inquiries, while groundbreaking, could only get so far. Newton, on the other hand, liberated natural philosophy from its rigid empirical shackles and turned it into a primarily (but importantly not entirely) theoretical inquiry. Newton supplied the mathematical apparatus on which early modern science was built, and in which the world was described as matter in motion within a causally determined universe. Why was that a problem? Because Kant could not abandon rationalism wholesale. There was “good” rationalism, embodied by Newton’s physics, Euclidian geometry, and Leibniz’ version of the calculus (the only contribution of Leibniz that Kant would tolerate), and there was “bad” rationalism, such as Descartes’ attempt at continuing metaphysica specialis by different means. Hume’s subjectivism (natural laws are just habitual expectations of regularity), would wipe out both kinds of rationalism, and that was a consequence that Kant could not accept. For him, it was “the destruction of all knowledge.”

Hence the Critique of Pure Reason. Reason, and that means rationalism, is an addict by nature. Specifically, reason is addicted to speculative expansion (”spekulative Erweiterrungssucht”). The German text is quite explicit about the addictive qualities of speculation, a connotation that seems to have been lost in the English translations. The Critique is a detoxification program. Reason, and thus rationalism, is the path to knowledge, provided that reason doesn’t get high on itself. But once reasoning gets underway, where do we stop? Kant’s answer: At the bounds of possible sense experience. Note the remarkable similarities to modern rational empiricism. We create models of the world using ever more sophisticated mathematical tools, and we use experience, massively aided and amplified by technological tools, primarily in a confirmatory (or falsificatory) manner. In other words, we don’t just induce theories from our experiences, because beyond the relatively obvious that just doesn’t get us very far. Most of the work in modern science is theoretical. Kant understood that part much better than Newton himself, who famously – but mistakenly – declared: “Hypotheses non fingo.” In any event, theoretical modeling plus empirical confirmation at the fringes is precisely what Kant envisions with his concept of “sober” rationalism within the bounds of possible experience.

His solution to the problem, of course, is as brilliant as it is notorious. The world conforms to Newton’s laws of physics, because we bring those laws to the party. We cannot perceive the world in any other way. So no matter what’s really out there (the noumenal world), once consciously perceived, the phenomenal world will always obey the laws of its subconscious construction. That explains why the world obeys Euclid and Newton, but that explanation comes at a price, which is twofold. First, Kantian constructivism makes truly objective knowledge impossible. For some, that’s a significant loss. Second, and this was the point that troubled Kant more than anything, Newton’s causal determinism left no room for free will in the phenomenal world. Kant would try to solve this problem in the Critique of Practical Reason, but that attempt never fully got off the ground.

What should we make of this? Kant clearly overestimated the timeless nature of Newtonian physics (and of Euclidian geometry for that matter). Einstein undermined the matter-in-motion paradigm, Heisenberg successfully questioned the assumption of causal determinism, and non-Euclidian geometry managed to model certain strange parts of the world out there with great success. Our cognitive firmware received a massive update in the early 20th Century. Today’s categories and forms of experience are different from those in Kant’s days. And so we can reconcile Hume and Kant to some extent, which might not come as a surprise, given that it was Hume who woke Kant from his “dogmatic slumber” in the first place. Hume was right about the tentative, psychological nature of the natural laws. But it was Kant who understood that in uncovering those laws, we recognized ourselves, that is, the work of our own engines of world construction.

In other words: “No, Kant was not just another rationalist in the footsteps of Descartes.”

[tags]philosophy, Kant, Descartes, Hume, rationalism, idealism[/tags]

The Three Dimensions of Freedom, Crime, and Punishment

I posted a near final draft of my review of Michael Pawlik’s new book Person, Subjekt, Bürger on SSRN. Pawlik’s retributive account of punishment theory is similar in many ways to the themes that I explore in my book about censure and hard treatment. (A draft version of which is here.) The similarities are not surprising, given that Michael and I were both graduate students at the University of Bonn and Günther Jakobs was our Ph.D. thesis supervisor.

In a nutshell, punishment can only be justified to the extent that it promotes freedom. Most consequentialist accounts trade off the freedom (e.g., through increased security) gained by others against the loss of freedom of the criminal. As long as the net gain is positive, freedom is increased and punishment legitimate. Pawlik rejects that approach. For him, following Kant, Hegel, Fichte and others, punishment must not only increase or affirm the freedom of others but also that of the criminal. How is that possible? Obviously not on the basis of a naturalistic account of freedom.

Pawlik identifies three dimensions of freedom, that of the person, the subject, and the citizen. Personal freedom is abstract freedom of action (e.g., the potential to build a house), subjective freedom is realized freedom of action (e.g., the finished house), and the “freedom” of the citizen is the implied obligation to contribute to a state of affairs in which both the freedom of the person and that of the subject can be maintained. (An important move, which is fraught with problems but also has significant promise.) Corresponding to the three dimensions of freedom are three dimensions of the criminal wrong. In Pawlik’s words

One and the same criminal act, the culpable violation of a duty, may be discussed on different planes of interpretation: as unjustified diminution of someone’s potential to act, as disregard for someone else’s plan of life, and finally as breach of the civic duty to contribute to the maintenance of a common state of freedom. (My translation.)

Punishment, not surprisingly, has three dimensions too, which correspond to those of the criminal wrong. Restitution responds to the personal and subjective wrong, restoring interpersonal recognition and enduring hard treatment as the criminal’s punishment reaffirms the institutional recognition that the criminal cannot unilaterally renounce.

This thumbnail doesn’t do justice to Pawlik’s nuanced argument. My main criticism is his categorical rejection of consequentialism. While I don’t deny the problems with purely consequentialist accounts, rejecting them wholesale goes too far. We can’t escape the fact that our moral intuitions are rooted in (at least) two concepts, utility and right, that are incompatible if pushed to their logical extremes. A complete theory can’t ignore the problem or resolve it in a quasi-definitional manner.
[tags]punishment, theory of punishment, consequentialism, retributivism, Kant, Hegel, Fichte, recognition[/tags]

Experimental Philosophy Syllabus

Here is the syllabus of Stephen Stich’s seminar in experimental philosophy at Rutgers, which includes a useful reading list. (Hat tip to Brian Leiter for the link.) The course covers the following topics:

  • Free will, compatibilism & responsibility
  • The identity of objects
  • The nature of conceptual change in science
  • The reference of proper names
  • Moral realism and fundamental moral disagreement
  • Epistemic norms
  • The role of appeals to intuition in philosophy

Some implications of Stich’s work have been discussed on this blog in connection with cultural cognition.

More on the Strong, the Weak, and the Law

In response to Hanno’s post on Simon Blackburn’s Lewis B. Frumkes Lecture at NYU, in which Hanno argued that international law may have been the argument the Melians lacked to convince the Athenians not to attack Melos, Simon Blackburn posted the following interesting comment:

I would classify the habit of deference to law (and law extended to cover international relations) as a good result of what I called a sentimental education – an education here into a certain pattern of respect. Perhaps that sounds odd, and if it weren’t for the Scottish tradition the word ’sentiment’ would sound out of place. I like it because it rescues respect for law from its Kantian and rationalist overtones. But however that pans out, putting law more central is certainly warranted. …

For the full comment, and the further interesting comments by Paul Gowder and George Ehrhardt (don’t miss this one, Ehrhardt writes about the invadee’s prior obligation of sympathy for the invader), see the comments to Hanno’s posts (scroll down). Thanks for the terrific discussion.

“Morality is nothing other than the Advantage of the stronger Party…” Simon Blackburn’s Lewis B. Frumkes Lecture at NYU

Simon Blackburn, in a recent public lecture at NYU, tackled one of the classic problems of political philosophy: How do you convince a ruthless, powerful, yet entirely realistic enemy, not to invade your country? Blackburn’s short answer is: You don’t. As a backdrop, Blackburn chose Thucydides’ famous Melian Dialogue, the first clear articulation of political realism, pursuant to which all states and nations seek as much power as they can get, not just as a means but as an end in itself, if for no other reason than people, by their nature, go to war out of “honor, fear, and interest.” Thucydides describes how the Athenians arrive at the shores of the isle of Melos, a neutral in the Peloponnesian war, with overwhelming force. The Athenian envoy, in its first and only meeting with the Melians, cuts right to the chase: We are here in the interest of our empire and surrender is your only responsible option, “because you would have the advantage of submitting before suffering the worst, and we should gain by not destroying you.” Neutrality, the Athenians make clear, is not an option. You’re either with us (as tributaries, that is) or against us, “for your hostility cannot so much hurt us as your friendship.” The Athenians then shift the burden of persuasion to the Melians by asking them to make their case against the invasion, but not before dictating the terms of the debate:

For ourselves, we shall not trouble you with specious pretenses [of right or wrong], since you know as well as we do that right, as the world goes, is only in question between equals in power, while the strong do what they can and the weak suffer what they must.

Having been “enjoin[ed] to let right alone and talk only of interest,” the Melians make the following arguments:

  1. It is in Athens’ interest not to “destroy what is our common protection, the privilege of being allowed in danger to invoke what is fair and right.” Normative constraints are common protections, or so the Melians argue, because they would also be available to the Athenians in the event that their empire should fall at some point in the future. The Athenians grant that point, but quite simply say in response, that this “is a risk that we are content to take.”
  2. If you destroy us, the Melians argue, you will make “enemies of all the existing neutrals who shall look at case from it that one day or another you will attack them. And what is this but to make greater the enemies that you have already, and to force others to become so who would otherwise have never thought of it?” Again, the Athenians are unconcerned, because the “continentals give us but little alarm. [I]t is rather islanders like yourselves, outside our empire” who could cause trouble, and picking them off one by one is, from a military point of view, a rather attractive option.
  3. Since you have us cornered anyway, the Melians say, we might as well take our chances and fight, even though we are outnumbered. “[W]e trust that the gods may grant us fortune as good as yours, since we are just men fighting against unjust. … Our confidence, therefore, after all is not so utterly irrational.” To which the Athenians have the following, chilling rejoinder:

When you speak of the favour of the gods, we may as fairly hope for that as yourselves; neither our pretensions nor our conduct being in any way contrary to what men believe of the gods, or practise among themselves. Of the gods we believe, and of men we know, that by a necessary law of their nature they rule wherever they can. And it is not as if we were the first to make this law, or to act upon it when made: we found it existing before us, and shall leave it to exist for ever after us; all we do is to make use of it, knowing that you and everybody else, having the same power as we have, would do the same as we do. Thus, as far as the gods are concerned, we have no fear and no reason to fear that we shall be at a disadvantage.

The Melians ultimately decided to take a stand and “not in a moment deprive of freedom a city that has been inhabited these seven hundred years,” whereupon the Athenians attacked, and after the Melian surrender “put to death all the grown men whom they took, and sold the women and children for slaves, and subsequently sent out five hundred colonists and inhabited the place themselves.” So it goes.

What else could the Melians have argued? What would our argumentative strategy be, 2,500 years later?

  • Kantian universalism, Blackburn argues, wouldn’t do the modern day Melians any good, because the Athenians agree with the universal rule that right or wrong is only a concern among equals. (The moral risk taker can’t be defeated by abstract universalism.)
  • The same is true for contractual theories and other forms of rationalism. The modern day Athenians could either say: “Who cares?” or, more frighteningly, “We’ve just reasoned with you, and guess what, we don’t find your reasons compelling.”
  • Virtue theorists don’t fare much better. The Athenians expect to flourish from conquering Melos.

As an alternative, Blackburn suggests a Platonic argument, amalgamated with a modern version of Scottish enlightenment sentimentalism, specifically based on Hume and Smith. The Platonic idea is that the political order of the state is a fractal representation of the order in the citizens’ souls ÇƒÏ and vice versa. Put differently, external disorder reveals (or necessarily leads to) internal disorder. It is impossible to pursue an aggressive foreign policy while maintaining a liberal order domestically. The source of the disorder, Blackburn argues, is not a flaw in reasoning but rather one of sentiment. A lack of sympathy is a moral flaw, and if the leaders of a nation suffer from such sentimental disorder, as did the Athenian envoy, the resulting ills will not only afflict foreigners such as the Melians but also, in short order, the citizens of the domestic body politic.

But would that argument have stopped the Athenians? I don’t think so, and I suppose that Blackburn would agree. When the Athenians showed up in Melos, it was too late already. Once the time for words had passed, there simply was no “bazooka argument” (Blackburn’s term) that could have stopped the Athenian army in its tracks. At some point, then as now, only real-world bazookas can make a difference, a point with which the Athenians would certainly agree. So are we to conclude that nothing has changed in the intervening 2,500 years?

I am slightly more optimistic, because there is one argument that the Melians didn’t raise and Blackburn didn’t address, an argument that, in my view, could have made a difference: international law. Of course, as Michael Glennon and others have pointed out, international law has failed over and over to prevent armed conflict, but its influence on the world post WWII can nevertheless not be overestimated, because in today’s world, adherence to the rule of law has become a conditio sine qua non for the legitimate exercise of power. And here is where Blackburn’s Platonic argument may be at its strongest: A state, whose domestic legitimacy is based on the rule of law (Rechtsstaat), cannot consistently pursue policies in violation of international law. Laws, conferring rights, have a non-consequentialist kernel. Having a right is a license to be exempt from a majoritarian cost-benefit calculus with respect to the subject matter of the right. Repeatedly violating laws, irrespective of their classification as national or international, is a performative contradiction as it exhibits a character of disregard for the law, which is, arguably even in the not-so-long run, incompatible with the legitimate exercise of power, domestically and internationally. In addition, the barrier between international and domestic laws is becoming increasingly porous, as evidenced by the outright incorporation of international law into the body of laws governing the European Union and, to a lesser degree, by the U.S. Supreme Court’s (unsurprisingly controversial) practice of interpreting domestic laws in light of international laws.

So maybe we are in a better position today than the Melians were 2,500 years ago. And it may well be a special obligation of the lawyers and the legal philosophers as guardians of the rule of law, to prevent exercises of unmitigated Realpolitik by insisting on respect for the rule of law in all affairs of the state.

Vilem Flusser, Philosopher of the Blogosphere

Shortly before his death in 1991, Vilem Flusser, a great essayist and one of the most creative philosophers of communication, recorded a three part seminar on the phenomenon of human communication, the structure of communication, and the theory of communication as cultural critique at a workshop held at the University of Bielefeld. In this series of lectures, Flusser explores many of the recurring themes in his scattered, multi-lingual oeuvre. Flusser wrote in German, Portuguese, Czech, French, and English. He published mostly in obscure journals, and to this day there is no complete edition of his works.

Human communication, according to Flusser, is defined by the processing, storage, and transmission of acquired information, a proposition that also contains the kernel of a theory of the human condition. As communicating beings we are part of nature, yet inescapably pitted against it. In processing and storing information we struggle against the second law of thermodynamics, against the never decreasing entropy of a closed system. Culture, as a means of storing acquired information in the form of cities, buildings, libraries, the internet, etc., as a means of preserving improbable order over time, is thus fundamentally opposed to one of the most basic tendencies of nature. Similarly, in transmitting acquired information, we try to extend our lives beyond the inevitable physical death and the limitations of passing on genetic information only, which explains Flusser’s motto: scribere necesse est, vivere non est.

Flusser identifies five distinct stages of history and multiple stages of post-history, each of which corresponds to certain structures of communication. In a nutshell, the process of history is, or was, one of abstraction, in which we (i) left the four-dimensional phenomenal world for the (ii) three-dimensional world of objects, for the (iii) two-dimensional world of images, for the (iv) one-dimensional, genuinely historical world of linear text. Recently, we have passed through (v) a null-dimensional world of computation, and are presently in the process of recreating a post-historical universe of technical texts (1D), images (2D), and artifacts (3D). No structure of communication has ever replaced previous structures in their entirety, rather, certain structures were dominant at certain times, shaping our perception of the world and our concept of the self.

Much of Flusser’s thought is directly related to what has emerged as the blogosphere, the rejection of programmed media, the empowerment of the individual through peer to peer communication, and the eclectic “rip, mix, and burn” approach to culture and creativity. In the coming months, I hope to discuss some of Flusser’s ideas in greater detail. I would be grateful for any pointers to unpublished works of Flusser, including any recordings.
[tags]philosophy, vilem flusser, phenomenology, entropy, communication[/tags]

Epistemological Implications of Radical Constructivism. A Response to Critics.

A number of readers criticized my argument in Claims of Truth and Webs of Belief as overly pessimistic. One reader wrote that there is no reason to deny the existence of an external, mind-independent reality and that the progress of science would be a miracle if things didn’t exist ontologically. Underlying this and other reactions is a visceral unease with my claim that truth, in practice, is largely replaced by interpersonal trust. Another reader criticized my argument from a practical point of view: Isn’t saying that truth claims, no matter how well founded or absurd, ultimately rest on nothing but various measures of coherence, lending support to the creationism crowd and other enemies of reason? I am not dismissing any of these criticisms, and I specifically share the latter concern, but I would like to explain the philosophical backdrop of my argument a bit more in detail.

My starting point is the constructivist position that we actively construct our world rather than its being determined by a mind-independent reality. Cognition is instrumental. It serves the organization of the experiential world, not the discovery of an ontological reality. Truth is what works, not what is. That position is not based on a transcendental armchair argument, even though the modern constructivist project owes a huge debt of gratitude to Kant. Rather, it is based on the neurobiology of cognition and is naturalistic. The fundamental postulate of constructivism is that the mind is operationally closed. Only a change in the state of one neuron leads to a change in another. Unless a neuron changes its state, there can be no change in the cognitive system. Moreover, “the response of a nerve cell does not encode the physical nature of the agents that caused its response. Encoded is only ‘how much’ at this point on my body, but not ‘what.’” (H. v. Foerster) As a result of that principle of undifferentiated encoding, any perception of and any information about the world must be a product of the mind. If that statement is true (which I think it is), then any correspondence theory of reality must be false. It follows that we can neither deny nor confirm the existence of a mind-independent reality. Note that I am not denying the existence of an outside world; it would be shocking if it didn’t exist in some way, shape, or form. My claim is simply that cognition is not a process of mapping ontological entities onto cognitive structures, but rather a process of responding to, organizing, and finally making conscious sense of changes that are internal to the cognitive system. (One could say that the nervous system observes the body by connecting one electric charge to another, and that the mind observes the nervous system by connecting one thought to another. Both systems are structurally coupled – no thought without neural activity – but remain operationally closed.)

Thus I disagree with Popper’s critical rationalism and its corollary that our internal models will over time ever more accurately represent the properties of “the real world.” Rather, knowledge lives in the cavities of a real world that will forever remain beyond the horizon of possible experience. Our position can be compared to that of a crew born into a windowless WW II submarine (with a secret, limitless power supply) that pilots the boat solely by reading the dials, gauges, and instruments. Of course, the crew will, over time, come up with a model of the world “out there,” a model that allows the captain to pilot the boat without crashing into reefs or exposing it to unsustainable pressure. But would that model resemble the way that we see the sea and the boat from the outside? I don’t think so!

Accepting the postulate of the mind as a closed system has a number of important implications.

  • First, we can no longer appeal to a mind-independent reality as a truth criterion. What we perceive as a mind-independent reality is a construct of the mind. That doesn’t mean that the construct is arbitrary, it most certainly isn’t. But no one can claim that his or her position is true because it corresponds to an ontological reality. We can claim, however, that one position is better – truer ǃ – than another if it produces more favorable results. Bottom line is that since we can’t leave our own minds, the only criteria for truth are viability, coherence, and consistency.
  • Second, speech does not transmit meaning. Language is an activity, it is a highly sophisticated recursive coordination of behavior that triggers cognitive responses within the participating entities. (H. Maturana calls it “languaging”). Language doesn’t change the fact that our minds are semantically closed. Since you can’t (yet!) hook up your neurons to mine, I can only connect to my own thoughts, not to yours.
  • Third, the goal of science is not to explain but to make predictions, to bring order to our perceptions, and to enable us to act successfully in ever more creative ways.
  • Fourth, for most everyday actions, the delusion of ontological objectivity is a useful shorthand. But once the presence of the observer cannot be ignored, for example, in quantum physics but also in questions of ethics, we need to abandon our simplifying assumptions and take the limitations of our cognitive apparatus into account.

On a more speculative note, the persistence of the “subject perceives object” approach to cognition may well be explained by the fact that both subject and object are creations of our mind. At that basic level, they are thus commensurable. The correspondence theory of truth is therefore, in a sense, an adequate description of what’s going on in our minds. We, as “subject-subjects” perceive that the “object-subject” (i.e., what we think of as I) perceives an “object,” either correctly or incorrectly. Of course, both the object-subject and the object are constructs of our mind. If they weren’t we would have no way of knowing whether the subject-object’s claims about the object are true or false.

Knobe and Leiter Make the Case for Nietzschean Moral Psychology

In this great new paper, Joshua Knobe and Brian Leiter subject three philosophical approaches to moral psychology to empirical testing, in the sense that they evaluate the fit of each of the three philosophical models with what we currently know about how moral behavior really works. Confronted with empirical findings, the Aristotelian and the Kantian models of moral psychology don’t fare particularly well. There is little empirical support for the central role of upbringing in forming someone’s moral character, which is a cornerstone of Aristotelian virtue ethics. Similarly, there is little support for moral behavior being caused by conscious moral choices, which is a central tenet of Kantian moral psychology. Rather, what we perceive as conscious, principled moral choices is really more of a post hoc attempt to make sense of our past actions. (Not just the owl of Minerva first takes flight with twilight closing in.) That, of course, has been one of Nietzsche’s recurring criticisms of traditional morals, and so it comes as no surprise that Nietzsche’s account fits more comfortably with the empirical evidence of how moral behavior really works. Of course, Knobe and Leiter do not present their analysis as a normative account. Rather, their paper is an attempt to explore the empirical boundaries within which meaningful normative theories will have to evolve. Highly recommended.

Kahan’s Theory of Value Dilemma

In The Theory of Value Dilemma: A Critique of the Economic Analysis of Criminal Law, Dan Kahan makes a concise and elegant case for the inability of economic analysis to criticize “intrinsic value retributivism.” The argument is as follows. Retributivism is backward looking. The wrongness of the crime determines the appropriate response. But what determines wrongness? Many theories have been offered, none are completely convincing. Ultimately, or so it seems, we follow our moral intuitions, if only because they are epistemically (not epistemologically!) closer than abstract theories about desert, universalization, or transcendental pragmatism. For consequentialists, this is a sad state of affairs. Moral intuitions are too close for comfort to subjective naturalism or intuitionism. A forward-looking approach promises greater degrees of rationality. Punishment is justified if it promotes a desired state of affairs. But what determines the desirability of a particular state of affairs? Once again, moral intuition. The difference between intrinsic value retributivism and consequentialism is thus reduced to one of rhetoric, not of substance. A golden age of past serves a function similar to a future heavenly kingdom. Both are expositional points of reference against which to measure present states of affairs.

We can’t make optimal deterrence judgments without a theory of value. Theories of value are always politically contestable; any argument about what’s worse than something else can fairly be asserted and fought for. Because the decisionmaker will always have more information about her theory of value than about the other considerations relevant to optimal deterrence, her theory of value will always dominate her analysis. So although it’s thereafter possible for her to reconstruct her conclusions in deterrence terms, those conclusions will in fact be derivative from the decisionmakers’ intuitions about what crimes are more reprehensible than others. So we might as well just talk about what’s more reprehensible than what, which is to say, we might as well talk intrinsic value retributivism.

But in what terms are we supposed to do that? In Kantian terms, deriving various degrees of reprehensibility by way of transcendental analysis? In Hegelian terms, using a theory of recognition as the yardstick? Or in consequentialist terms, applying Hobbes’ concept of freedom from restraint? Mill’s harm principle? Pettit’s maximization of dominion?
Answering that underlying normative question is beyond the scope of Kahan’s paper. His point is that choosing “an economic approach” does in no way help to avoid any of these questions. With that, I couldn’t agree more.

Cultural Cognition

In Cultural Cognition and Public Policy, Dan Kahan and Donald Braman outline their theory of what explains persistent public disagreement over the effects of public policies and certain controversial legal issues, such as gun control, abortion, and the death penalty. (Terrorism should be added to that list.) While there are several influential theories of social constructivism (Kant, Hegel, von Glasersfeld, von Foerster, Berger/Luckman, Luhmann, Willke), few have been tested empirically. Kahan and Braman (in the context of the Cultural Cognition Project) have undertaken that task. Their central claim is that values determine not only our normative attitudes but also the factual universe that is available to us. In other words, as facts are dependent on value orientations, culture is cognitively prior to facts. (That should not come as a surprise to anyone who had been following the last presidential election, where suddenly there were not only red and blue states in terms of social values but also, and as a consequence, red and blue facts.) Kahan and Braman locate cultural world-views within a two-dimensional grid.




On the x-axis are group values, ranging from individualism to collectivism, and on the y-axis are attitudes toward criteria for distribution. Hierarchical societies rely on conspicuous and socially fixed criteria (race, gender, heritage, etc.), whereas egalitarian societies deny that such criteria should be employed. For ease of reference, I assigned four political archetypes to the grid: conservative, libertarian, liberal (= social-democrat, for our non-U.S. readers), and fascist. Kahan and Braman found that

cultural worldviews more powerfully predicted individual beliefs about the seriousness of [global warming, nuclear power, and pollution generally] than any other factor, including gender, race, income, education, and political ideology. (Id., at 13).

It would indeed be a spectacular confirmation of social constructivism if that claim could be verified across a broad range of topics. As indicated in the chart above, beliefs about many contentious policy issues come in familiar clusters. On that basis, Kahan and Braman conclude that the “end of ideology thesis” (that is, most people are rather moderate in their views, as the pragmatic struggle to improve one’s lot trumps principled political affiliations) is wrong. But the “culture war” thesis, while certainly somewhat closer to the mark, is also inadequate because it misunderstands the manner in which culture affects our attitudes toward questions of public policy. Cultural world-views don’t motivate by themselves as most of us are not cultural internalists, rather, they orient (or bias) our process of selecting those who we accept as authorities for the truth of factual propositions. This is because ordinary citizens

lack the capacity to decide for themselves whose [scientific study] has merit. They have no choice but to defer to those whom they trust to tell them which scientists to believe. And the people they trust are inevitably the ones whose cultural values they share, and who are inclined to credit or dismiss scientific evidence based on its conformity to their cultural priors. (Id., at 24).

In other words, because of the cultural biases woven into our engines of perception and world-construction, conclusively establishing the truth of a proposition within the scientific system does not necessarily end policy debates, as demonstrated by the continuing debate (in the U.S.) over one of the most secure elements in all of human knowledge, the theory of evolution. It would be fascinating to see how Kahan’s and Braman’s data relate to the work of the world values survey that maps cultural world-views on a much broader scale within a framework of survival- and self-expression values.

The “Goals of Retributivism”

Much confusion about the goals of retributivism or the absence of such, stems from statements such as:

For retributivists, punishment is not a means to an end, rather, it is an end in itself, for example, as the affirmation of the unchanged persistence of a legitimate normative order, despite the crime.

What this really means is that punishment is justified as an expression of a positive value, here, the affirmation of a legitimate normative order. Therefore, punishment does not require an additional consequentialist justification as an (evil) means to a (legitimate) end. The differences and similarities of retributive and consequentialist theories can thus be stated more clearly. Both consequentialists and retributivists (Kant and Hegel both prominently included) acknowledge that punishment helps to control crime. For a consequentialist, crime control (a good) is the end that justifies punishment (an evil), to the extent that punishment is a means to achieve the end. For a retributivist, crime control is the inevitable consequence of promoting freedom (or, in the framework of more traditional normative theories, justice). Consequentialists punish to keep us factually safe. Retributivists punish to keep us normatively free; and thereby also factually safe. The drawing below expresses that relationship. Note that certain factual states of affairs of optimal crime supervene upon freedom or justice as desirable normative states.

In the drawing, not every state of factual safety can be achieved by promoting a normative state of freedom. For example, Guantanamo-style detentions (x1) could be justified on consequentialist grounds if they made us safer. (Which they do not.) However, they can never be justified as promoting a state of normative freedom. Compare that to criminal punishment for robbers (x2), which can be justified both on consequentialist grounds and as an affirmation of freedom. In other words, the goals of retributivism are very different from those of consequentialism (one is normative, the other is factual), even though every factual state of affairs brought about by the pursuit of retributivist goals could also serve as an end for a consequentialist justification of punishment. The critical point is that the reverse cannot be said.

From Justice to Freedom: Changing Paradigms in the Theory of Punishment.

Heeding my own call for a re-examination of consequentialist theories of punishment, and responding to Bloomfield’s posts here and here, it might make sense to examine how the radical dichotomy of consequentialist and retributivist accounts came about. In the Aristotelian world order, which dominated European political thought into the 17th Century, humans were “political animals” and as such they ontologically belonged to a social order, an order within which each had his or her predefined place. Society was the human biotope. It was unthinkable as against nature for humans to live without or outside of society. Those who did, were either wolves or gods. (Not surprisingly, the Werewolf, or man-wolf, has its origins in Aristotelian substantive social ontology.) Against this backdrop, the critical question of legitimacy was one of justice, that is, whether an existing social order was good or bad. Hence Aristotle’s taxonomy of political systems: tyranny, aristocracy, democracy, oligarchy, ochlocracy. Whether there should be society at all, was beyond the frame of reference of Aristotelian political thought. The substantive social ontology, in which injustice was being out of place had wide-ranging implications for a theory of punishment. Most significantly, there was a qualitative, ontological difference between the criminal and everyone else. The criminal was wicked by nature. The crime merely revealed that nature for everyone to see. And so, the through his crime, the criminal literally expelled himself from society. Crime, and punishment as a reaction to the crime, therefore did not, strictly speaking, take place within society; rather, the crime was evidence that the borders of society had been drawn too liberally, mistakenly including the criminal. The response was an exercise in downsizing society, that is re-drawing the borders of society under exclusion of the criminal. Once properly excluded, the criminal could be dealt with in an instrumental manner like any other natural (that is, extra societal) object. He could be killed, mutilated, maimed, brandished, locked up, sent into exile, etc.

The collapse of Aristotelian substantive ontology in the late 17th Century (brought about by Galileo, Newton, Leibnitz, and others), also led to a collapse of the corresponding social ontology and its theory of punishment. Thomas Hobbes was the first to transpose the revolution in the physical realm to the social world. As the physical world was reduced from a rich, qualitative ontology to a monistic concept of matter in motion, its human inhabitants were stripped of their various (inherently unequal) essences, which pre-defined their proper position within society. Hobbes re-conceptualized humans as trivial machines, that is, complex, causally determined automata, programmed to ensure their individual survival by rational means. One of the many implication of this seismic shift in the concept of the subject was a sudden urgency in the search for new sources of political legitimacy. Such new sources could no longer be found within the existing social order. And so, in the mid-17th Century, Hobbes posed the radical question, from which all modern political thought embarks: “Why have a government at all? Why not anarchy?” This question was only intelligible against the backdrop of the new, radically simplified social ontology, in which the individual, for the first time in Western intellectual history, logically and genetically preceded the state. The modern state, as Hobbes saw it, is composed of individuals, and it exists to serve one specific, shared objective of each of such individuals: the establishment and maintenance of peace. Beyond that, no shared objectives could be presumed. Difference replaced unity as the starting point for political thought. With that, the semantics of political legitimacy changed from a qualitative question (”Is the government good or bad?”) to an instrumental one (”¬Ä¬úIs the government effective in preserving the peace?”). Seen from the vantage point of the modern individual, the legitimacy of the government came to hinge on a comparison of costs and benefits. As long as the benefits of having a government outweigh the costs, including opportunity costs, it is rational to have a government. Once that bottom line changes, the government has lost its legitimacy. The costs of government are measured in the restrictions that it imposes on the exercise of any one individual’s freedom of action. Therefore, at the heart of each individual’s interaction with the state is an exchange. The individual gives up some measure of freedom of action (for example, not to steal, having to pay taxes) in exchange for a greater measure of freedom of action (for example, through the existence of secure property rights and the absence of violence). The qualitative summum bonum of old gave way to the quantitative maximum bonum. Freedom (that is, negative freedom or freedom from), replaced justice as the central criterion of legitimacy.

As the new monistic ontology was unable to account for qualitative differences between individuals, the exclusion of the criminal on ontological grounds was no longer plausible. The criminal did no longer appear as qualitatively different from the law-abiding citizen. This reconstitution of the individual as a rational cost-benefit calculator opened the door to consequentialist accounts, such as Beccaria’s On Crimes and Punishment. It also paved the way for theories of punishment and political legitimacy built on the idea of a social contract. (Negative freedom as the source of legitimacy is the common root of consequentialism and social contract theory.) Social contract theories, while radically different from political Aristotelianism in their philosophical foundations, quickly recreated the effects of exclusion on ontological grounds by expelling those in breach of the social contract from society. (Hence, one of the recurring problems of social contract theories is that, taken to their logical extreme, there is only one crime, the breach of the contract, and one punishment, the termination of the contract.) Therefore, little changed in practice. Criminals were still excluded and treated accordingly (that is, brutally). In other words, the first seismic shift from the Aristotelian world to that of the modern economic man, did not yet bring about the sharp divide between consequentialist and deontological accounts. It took another shift of similar magnitude and consequence to arrive at the sharp division that characterizes and haunts modern ethical theory until this day: the discovery of universal rationalism. (More on that in a later post.)
[tags]Hobbes, Aristotle, punishment, anarchy[/tags]