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An Examined Life Critical Thinking and Ethics

Octavio Roca Matthew Schuh

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Copyright © 2015 by McGraw-Hill Education LLC. All rights reserved. Printed in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a data base retrieval system, without prior written permission of the publisher.

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ISBN-13: 978-1-259-35511-0 ISBN-10: 1-259-35511-X

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Contents

INTRODUCTION 1 Letter to Menoeceus (complete): Reading 4 Letter from Birmingham Jail (complete): Reading 9 The Rebel(selection): Reading 24

Part I. CRITICAL THINKING 1. CHAPTER 1: How and why we make moral arguments. 37 Introduction 37 “Fetch and roll over weren’t enough—then they sent me to philosophy classes.” 45 Does Moral Philosophy Rest on a Mistake? (selection): Reading 46 The Guest (complete): Reading 55

Part II. ETHICAL THEORIES 2. CHAPTER 2: Wrong Is Always Wrong—Kant’s Categorical Imperative. 71 Introduction 71 Concerning a Pretended Right to Lie from Motives of Humanity (selection): Reading 74 “It all depends on how you define ‘chop.’” 79 Lying (selection): Reading 80

3. CHAPTER 3: Consequences Matter—Utilitarianism. 93 Introduction 93 An Introduction to the Principles of Morals and Legislation (selection): Reading 96 Utilitarianism (selection): Reading 107

4. CHAPTER 4: Continental Perspectives 118 Introduction 118 “Religion is the opium of the people, Fred.” “Just say no, Karl.” 121 Manifesto of the Communist Party (selection): Reading 122 Existentialism Is a Humanism (complete text): Reading 134 The Myth of Sisyphus (selection): Reading 152

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Copyright by McGraw-Hill Education. All rights reserved. Printed in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without prior written permission of the publisher.

This McGraw-Hill Create text may include materials submitted to McGraw-Hill for publication by the instructor of this course. The instructor is solely responsible for the editorial content of such materials. Instructors retain copyright of these additional materials.

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2014

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5. CHAPTER 5: A Matter of Virtue 158 Introduction 158 “Doing something never solves anything.” 160 “‘Give me liberty or give me death.’ Now, what kind of person would say something like that?” 163 After Virtue (selection): Reading 165 “I’ve tried a lot of life strategies, and being completely self-serving works best for me.” 175

6. CHAPTER 6: Does It Matter How I Feel About It? Ethical Subjectivism. 177 Introduction 177 A Treatise of Human Nature (selection): Reading 179

7. CHAPTER 7: Does Morality Depend on God or Society? Relativism, Divine Command, Natural Law. 187

Introduction 187 “We can be proud of our little Attila. He has totally absorbed the Hun ethic.” 189 Cultural Relativism and Cultural Values (selection): Reading 193 “I hope this isn’t meant to be a criticism of our current life style.” 207 Euthyphro (complete text): Reading 208 “This is a little embarrassing to admit, but everything that happens happens for no real reason.” 222

Part III. CONTEMPORARY ETHICAL ISSUES 8. CHAPTER 8: Women’s Rights, Human Rights 227 Introduction 227 The Subjection of Women (selection): Reading 230 Feminism and Moral Theory (selection): Reading 241 The Making of a Woman: Reading 254 What Do Women Want in a Moral Theory? (selection): Reading 260

9. CHAPTER 9: Humans and Other Living Creatures 274 Introduction 274 “I was a very fragile kid.” 276 “They’ve got me doing cosmetics research.” 277 The Rights of the Nonhuman World (selection): Reading 278

10. CHAPTER 10: Whose Life is It Anyway? Euthanasia, Assisted Suicide, Suicide. 298 Introduction 298 The Wrongfulness of Euthanasia (complete): Reading 301 Active and Passive Euthanasia (complete): Reading 307 “Is this what I want to be doing with my death?” 314 Looking for the Exit Door (selection): Reading 315

11. CHAPTER 11: The Death Penalty 323 Introduction 323 The Metaphysics of Morals (selection): Reading 326 Capital Punishment (selection): Reading 332 “I’m sorry, but I’m morally and politically opposed to hangman.” 347

12. CHAPTER 12: Sexual Morality and Reproductive Rights 349 Introduction 349 The Vatican Declaration on Sexual Ethics 352 Gay Basics: Some Questions, Facts, and Values (complete): Reading 357 On the Moral and Legal Status of Abortion (selection): Reading 372

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13. CHAPTER 13: Civil Rights and the Struggle for Racial Equality 384 Introduction 384 Remarks at the “Let Freedom Ring” Ceremony Commemorating the 50th Anniversary of

the March on Washington for Jobs and Freedom by Barack Obama 388 The Case Against Affirmative Action (selection): Reading 392 Affirmative Action: Pro (selection): Reading 403

14. CHAPTER 14: Marriage Equality 416 Introduction 416 In Defense of Marriage: The Amendment That Will Protect a Fundamental Institution by

John Cornyn 421 “On the contrary, I do feel that our marriage still works, we just have to start marketing it

differently.” 427 Questions About Same-Sex Marriage by Human Rights Campaign 428

15. CHAPTER 15: Free Speech 437 Introduction 437 On Liberty (selection): Reading 439 There’s No Such Thing as Free Speech and It’s a Good Thing Too (selection): Reading 451

16. CHAPTER 16: The World As We Found It 460 Introduction 460 The Age Of Innocence 462 Global Climate Change by William J. Clinton 463 “When the waters subside, the problem’s going to be mold.” 471

17. CHAPTER 17: Critical Thinking and the Good Life 473 Introduction 473 On the Happy Life (selection): Reading 475 “A grand jury sitting in Terre Haute, Indiana, today handed up an indictment of society.” 486 Visible Man: Ethics in a World without Secrets by Peter Singer 487 The Elements of Moral Philosophy (selection): Reading 492 “But, remember, you’re responsible for your own happiness.” 504

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Credits

1. Letter to Menoeceus (complete): Reading: from Abel: Discourses 4 2. Letter from Birmingham Jail (complete): Reading: from Abel: Discourses 9 3. The Rebel (selection): Reading: from Abel: Discourses 24 4. Does Moral Philosophy Rest on a Mistake? (selection): Reading: from Abel: Discourses 46 5. The Guest (complete): Reading: from Abel: Discourses 55 6. Concerning a Pretended Right to Lie from Motives of Humanity (selection): Reading:

from Abel: Discourses 74 7. “It all depends on how you define ‘chop.’”: Cartoon from The New Yorker Cartoon Collection 79 8. Lying (selection): Reading: from Abel: Discourses 80 9. An Introduction to the Principles of Morals and Legislation (selection): Reading:

from Abel: Discourses 96 10. Utilitarianism (selection): Reading: from Abel: Discourses 107 11. “Religion is the opium of the people, Fred.” “Just say no, Karl.”: Cartoon from The New Yorker

Cartoon Collection 121 12. Manifesto of the Communist Party (selection): Reading: from Abel: Discourses 122 13. Existentialism Is a Humanism (complete text): Reading: from Abel: Discourses 134 14. The Myth of Sisyphus (selection): Reading: from Abel: Discourses 152 15. After Virtue (selection): Reading: from Abel: Discourses 165 16. “I’ve tried a lot of life strategies, and being completely self-serving works best for me.”: Cartoon from

The New Yorker Cartoon Collection 175 17. A Treatise of Human Nature (selection): Reading: from Abel: Discourses 179 18. Cultural Relativism and Cultural Values (selection): Reading: from Abel: Discourses 193 19. “I hope this isn’t meant to be a criticism of our current life style.”: Cartoon from The New Yorker

Cartoon Collection 207 20. Euthyphro (complete text): Reading: from Abel: Discourses 208 21. “This is a little embarrassing to admit, but everything that happens happens for no real reason.”:

Cartoon from The New Yorker Cartoon Collection 222 22. The Subjection of Women (selection): Reading: from Abel: Discourses 230 23. Feminism and Moral Theory (selection): Reading: from Abel: Discourses 241 24. The Making of a Woman: Reading: from The Sociology Collection 254 25. What Do Women Want in a Moral Theory? (selection): Reading: from Abel: Discourses 260 26. “I was a very fragile kid.”: Cartoon from The New Yorker Cartoon Collection 276 27. “They’ve got me doing cosmetics research.”: Cartoon from The New Yorker Cartoon Collection 277 28. The Rights of the Nonhuman World (selection): Reading: from Abel: Discourses 278 29. The Wrongfulness of Euthanasia (complete): Reading: from Abel: Discourses 301

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30. Active and Passive Euthanasia (complete): Reading: from Abel: Discourses 307 31. “Is this what I want to be doing with my death?”: Cartoon from The New Yorker Cartoon

Collection 314 32. Looking for the Exit Door (selection): Reading: from Abel: Discourses 315 33. The Metaphysics of Morals (selection): Reading: from Abel: Discourses 326 34. Capital Punishment (selection): Reading: from Abel: Discourses 332 35. “I’m sorry, but I’m morally and politically opposed to hangman.”: Cartoon from The New Yorker

Cartoon Collection 347 36. The Vatican Declaration on Sexual Ethics: Chapter 7 from Analyzing Moral Issues, Sixth Edition by

Boss, 2013 352 37. Gay Basics: Some Questions, Facts, and Values (complete): Reading: from Abel: Discourses 357 38. On the Moral and Legal Status of Abortion (selection): Reading: from Abel: Discourses 372 39. Remarks at the “Let Freedom Ring” Ceremony Commemorating the 50th Anniversary of the March on

Washington for Jobs and Freedom by Barack Obama: Annual Editions Article Collection 388 40. The Case Against Affirmative Action (selection): Reading: from Abel: Discourses 392 41. Affirmative Action: Pro (selection): Reading: from Abel: Discourses 403 42. In Defense of Marriage: The Amendment That Will Protect a Fundamental Institution by John Cornyn:

Annual Editions Article Collection 421 43. “On the contrary, I do feel that our marriage still works, we just have to start marketing it differently.”:

Cartoon from The New Yorker Cartoon Collection 427 44. Questions About Same-Sex Marriage by Human Rights Campaign: Annual Editions Article

Collection 428 45. On Liberty (selection): Reading: from Abel: Discourses 439 46. There’s No Such Thing as Free Speech and It’s a Good Thing Too (selection): Reading: from Abel:

Discourses 451 47. The Age Of Innocence: Cartoon from The New Yorker Cartoon Collection 462 48. Global Climate Change by William J. Clinton: Annual Editions Article Collection 463 49. “When the waters subside, the problem’s going to be mold.”: Cartoon from The New Yorker Cartoon

Collection 471 50. On the Happy Life (selection): Reading: from Abel: Discourses 475 51. “A grand jury sitting in Terre Haute, Indiana, today handed up an indictment of society.”: Cartoon from

The New Yorker Cartoon Collection 486 52. Visible Man: Ethics in a World without Secrets by Peter Singer: Annual Editions Article

Collection 487 53. The Elements of Moral Philosophy (selection): Reading: from Abel: Discourses 492 54. “But, remember, you’re responsible for your own happiness.”: Cartoon from The New Yorker Cartoon

Collection 504

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

1Introduction

INTRODUCTION

Our task needs explaining, and the explanation is simple. Critical thinking and ethics can easily be treated as separate branches of philosophy, but in this book it is our goal to bring them together and show them to be not only related but necessarily so. Ethics, as Socrates noted long ago, is about how nothing less than we ought to live. The right way to live and the right thing to do are questions as old as humanity, and they remain as challenging as ever. They are not easy questions, but the fact that a question is difficult does not mean that there is no answer. It simply means the question is difficult.

And so with philosophy in general and with ethics in particular. “The unexamined life is not worth living,” Socrates said shortly before his death, as reported in Plato’s Apology. How should we examine our lives critically? How do we seek moral truths?

Some questions are easier than others. The statement “2+2=4” is true, because I or anyone else can verify it: Just take two of anything, add two more of the same thing, and you will always have four. You can use your fingers. There is no situation where the answer will be 3 or 17. The statement “My dog Jordi is on the couch” is true if indeed I can see that Jordi is on the couch wagging his tail as I utter the statement. That’s easy to verify. The statements “Lying is wrong,” “I don’t owe anything to anybody,” “Affirmative action is no longer necessary” and others along those lines are more difficult to ascertain as true or false. The problem is far from clear. Since Kurt Gödel famously rocked the foundations of mathematics in 1931 by demonstrating that not every mathematical truth can be proved, verifiability and truth are not always seen as companions. The dazzling clarity of “2+2=4” may be something to aim for, but there are many who believe we will never reach that sort of clarity in higher math, much less in moral matters. Still, we try.

This book of readings and commentary follows the path of those efforts. Part I, Critical Thinking, lays the foundation for moral arguments and involves the student in constructing, analyzing, and evaluating those arguments as well as in applying critical thinking skills to everyday life. Common fallacies, valid inferences, induction, deduction, and abduction all are explored with a view to providing students with analytical tools that are crucial in making moral decisions. Critical thinking, the way we apply logic to solve a problem or answer a question, is a skill that no one is born with. We have to learn it. Along the same lines, no one is born good or bad; we have to learn that too. Ethics is a systematic study of that learning process.

“The unexamined life is not worth living.” Socrates

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

2 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics

Because moral questions are hardly new, and there is no need to rein- vent the wheel, Part II, Ethical Theories, provides an overview of the main historical threads of moral philosophy, that is, the way great thinkers before us and today have dealt and continue to deal with tough ethical problems. Here we will consider all the elements of a moral decision: the act in ques- tion; the consequences of that act; and the moral agent, that is, the person performing the act. At every step, our aim is to connect theory with praxis, to illuminate the relation between an ethical theory with its application to a specific moral problem, to analyze how ethical theory helps explain the pro- cess of deciding right and wrong. In other words, Part II deals with thinking critically about the right way to live and the right thing to do when faced with ethical problems. Part 3, Contemporary Ethical Issues, offers a wide selec- tion of some of these problems and provides practical ways to analyze specific moral decisions. Women’s rights, civil rights, marriage equality, reproductive rights, assisted suicide and euthanasia, the death penalty, the way we treat animals and the way we treat the Earth, the way we treat ourselves—all of these topics and others that merit lively debate are included. All of them benefit from a solid foundation in critical thinking as well as with a close acquaintance with moral theory. Instructors in any undergraduate ethics course may choose to emphasize one part more than another in this text- book, and indeed each part could be the basis for a whole semester’s worth of class discussion. Taken as a whole, The Examined Life: Critical Thinking and Ethics provides the opportunity to apply critical thinking to real moral prob- lems, not just to read about ethics but to live ethically by informed choice.

The success of this book will be measured by how our students become better able to analyze moral arguments, to recognize moral pitfalls, to strive for clarity as they strive for engagement in their society. It will measured by how students distinguish between persuasion and influence, by how they may see through biased reports in the news media, by how they apply critical thinking skills to evaluate political ads, talk-radio rants, Internet claims and outrageous tweets. The success of Critical Thinking and Ethics will be measured by students who are encouraged to dig deeper and pick Aristotle’s Nichomachean Ethics, John Stuart Mill’s On Liberty, Simone de Beauvoir’s The Second Sex or any of the several major works that are excerpted here. In that sense, we hope to provide not only a textbook but also a context for a lifelong path of thinking critically about moral matters, for a way to live an examined life.

The context must be there, for all our students. Ours is not a homoge- neous student population, and increasingly there seems to be less and less of a shared culture in our exuberantly multicultural society. Our humanity and our reasoning should be common ground. That is our starting point.

“There always comes a time in history when the person who dares to say that 2+2=4 is punished by death. And the issue is not what reward or what punishment will be the outcome of that reasoning. The issue is simply that 2+2=4.” Albert Camus

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

3Introduction

The problem with the American melting pot myth is that a lot of people just don’t want to melt. Pointing this out is one of the ways to highlight the diverse array of colors in the mosaic of American democracy and culture. It is also a way to enrich the students’ awareness of critical thinking and ethics as an integral thread in the fabric of our lives.

When it comes to the American student body in the 21st Century, diver- sity is not an agenda, it is a reality.

Informed civic engagement with that diversity is a necessity. This is not in any way a question of arid scholarship. It is far from being a project for insulated academics to carry out in a mythical ivory tower. Today’s students boast a dazzling rainbow of economic, racial, ethnic and cultural backgrounds. African-Americans, Cuban-Americans, Mexican-Americans, Venezuelan-Americans—to name only a few Hispanic-Americans—in addition to Brazilian-Americans, Irish-Americans, Italian-Americans, Norwegian-Americans, Jewish-Americans, Christian-Americans, Muslim- Americans, Buddhist-Americans and more. None of these have to live on that hyphen, none of them ever should have. And none can be excluded from the scope of studying critical thinking and ethics, from learning effec- tive ways to reason and to consider their values and those of society criti- cally, to recognize good and bad arguments when presented with them in their daily lives.

In the American student body of the 21st Century, recognizing diversity is crucial in another way. There are students in our classrooms who will con- tinue their studies in some of the finest graduate schools, medical schools, business schools, law schools; students who will go on to careers in film, theater, dance and art; students who even now may be well on the road to playing key roles in their communities as police officers, fire-fighters, nurses, future politicians. There also are students on work-release programs from prison. Students with fortunate backgrounds and supportive families, and students who may find themselves homeless and living in a car during the semester. There are students that professors have learned to treat kindly if they fall asleep in an early morning class because perhaps they have stayed up all night cleaning a local food store. Their desire to get an education is heroic. These are all, it is worth noting, recent real examples from the authors’ own Critical Thinking and Ethics classes at the nation’s largest insti- tution for higher learning. These students, all of them, deserve the chance.

All of them deserve the opportunity because opportunity changes every- thing. And we will all be better off, our society will be better off, if all of them are equipped with critical thinking skills, if they start on the road to informed civic engagement, to becoming caring and responsible citizens. If all of them can bring open-mindedness to their engagement with different points of view. If all of them are better equipped to use their reason. This is their country, this is our country. These are our students, and it to them above all that Critical Thinking and Ethics is dedicated.

Octavio Roca and Matthew Schuh

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

4 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Letter to Menoeceus

Epicurus

Epicurus was born of Athenian parents in 341 B.C.E. on Samos, an island off the coast of Asia Minor. At fourteen he began studying philosophy under Pamphilius, a follower of Plato. He then spent three years at Teos, a city on the coast of Asia Minor, as a student of Nausiphanes, who was a disciple of Democritus. When he was eighteen, Epicurus went to Athens to serve two years in the military (a requirement for Athenian citizenship). He then rejoined his parents, who had moved to Colophon in western Asia Minor. Epicurus continued to study philosophy and in 311 established a school at Mytilene, a city on the island of Lesbos. He later set up a school at Lampsacus, on the Hellespont. In 307, accompanied by his followers, Epicurus came to Athens and purchased a house. The house had a garden, and this became the site of Epicurus’s school. The school was a community of men and women—and at least one slave—who lived according to the master’s teachings. Epicurus headed the community (which came to be called “the Garden”) until he died in 270, at the age of seventy-two.

Most of Epicurus’s writings have been lost. What remains is a collection of his sayings known as the Principal Doctrines, another collection called The Vatican Sayings (so named because the manuscript is in the Vatican Library), fragments of his treatise On Nature, a letter to Herodotus, and a letter to Menoeceus. An additional work, in the form of a letter from Epicurus to Pythocles, seems to be have been written by a disciple.

Our reading is the Letter to Menoeceus. Epicurus sets forth for Menoeceus his central teachings pertaining to the proper conduct of life. (1) The gods exist, are immortal and blessed, and take pleasure in human beings who are like themselves. (2) It is foolish to fear death, since death is nothing when we are alive (it has not yet come) and nothing when we are dead (since we no longer exist). (3) The first principle and goal of a happy life is pleasure, which is not sensual indulgence (as Epicurus’s detractors misrepresent his doctrine) but “the absence of pain in the body and of trouble in the soul.” (4) The fundamental virtue is prudence, which enables us to choose pleasures intelligently. (5) We are responsible for our actions and are not ruled by necessity or chance.

Epicurus to Menoeceus:1 Greeting. Let no one be slow to seek wisdom when he is young nor weary in the

search [of it] when he is grown old. For no age is too early or too late for the health of the soul. And to say that the season for studying philosophy has not yet come, or that it is past and gone, is like saying that the season for happiness is not yet or that it is now no more. Therefore both old and young ought to seek wisdom, the former in order that, as age comes over him, he may be young in good things because of the grace of what has been; and the latter in order that, while he is young, he may at the same time be old, because he has no fear of the things which are to come. So we must exercise ourselves in the things which bring happiness, since, if that be present, we have everything, and, if that be absent, all our actions are di- rected toward attaining it.

Those things which without ceasing I have declared to you, those do, and exercise yourself [in them], holding them to be the elements of right

Letter to Menoeceus (complete): Reading 5An Examined Life: Critical Thinking and Ethics Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete) © The McGraw−Hill Companies, 2006

life. First, believe that God is a living being immortal and blessed, accord- ing to the notion of a god indicated by the common sense of mankind. And so believing, you shall not affirm of him aught that is foreign to his im- mortality or that agrees not with blessedness, but shall believe about him whatever may uphold both his blessedness and his immortality. For verily there are gods, and the knowledge of them is manifest; but they are not such as the multitude believe, seeing that men do not steadfastly maintain the notions they form respecting them. Not the man who denies the gods worshipped by the multitude, but he who affirms of the gods what the mul- titude believes about them, is truly impious. For the utterances of the mul- titude about the gods are not true preconceptions but false assumptions. Hence it is that the greatest evils happen to the wicked and the greatest blessings happen to the good from the hand of the gods, seeing that they are always favourable to their own good qualities and take pleasure in men like unto themselves, but reject as alien whatever is not of their kind.

Accustom yourself to believe that death is nothing to us, for good and evil imply sentience, and death is the privation of all sentience. Therefore a right understanding that death is nothing to us makes the mortality of life enjoyable, not by adding to life an illimitable time, but by taking away the yearning after immortality. For life has no terrors for him who has thorough- ly apprehended that there are no terrors for him in ceasing to live. Foolish, therefore, is the man who says that he fears death, not because it will pain when it comes, but because it pains in the prospect. Whatever causes no an- noyance when it is present, causes only a groundless pain in the expectation. Death, therefore, the most awful of evils, is nothing to us, seeing that when we are, death is not come; and when death is come, we are not. It is nothing, then, either to the living or to the dead, for with the living it is not, and the dead exist no longer. But in the world, at one time men shun death as the greatest of all evils, and at another time choose it as a respite from the evils in life. The wise man does not deprecate life nor does he fear the cessation of life. The thought of life is no offence to him, nor is the cessation of life re- garded as an evil. And even as men choose of food not merely and simply the larger portion, but the more pleasant, so the wise seek to enjoy the time which is most pleasant and not merely that which is longest. And he who ad- monishes the young to live well and the old to make a good end speaks fool- ishly, not merely because of the desirableness of life, but because the same exercise at once teaches to live well and to die well. Much worse is he who says that it were good not to be born, but when once one is born to pass with all speed through the gates of Hades. For if he truly believes this, why does he not depart from life? It were easy for him to do so, if once he were firmly convinced. If he speaks only in mockery, his words are foolishness—for those who hear, believe him not.

We must remember that the future is neither wholly ours nor wholly not ours, so that neither must we count upon it as quite certain to come, nor despair of it as quite certain not to come.

6 ANALYZING MORAL ISSUES - Vol. 1

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Letter to Menoeceus (complete): Reading 5Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Letter to Menoeceus

Epicurus

Epicurus was born of Athenian parents in 341 B.C.E. on Samos, an island off the coast of Asia Minor. At fourteen he began studying philosophy under Pamphilius, a follower of Plato. He then spent three years at Teos, a city on the coast of Asia Minor, as a student of Nausiphanes, who was a disciple of Democritus. When he was eighteen, Epicurus went to Athens to serve two years in the military (a requirement for Athenian citizenship). He then rejoined his parents, who had moved to Colophon in western Asia Minor. Epicurus continued to study philosophy and in 311 established a school at Mytilene, a city on the island of Lesbos. He later set up a school at Lampsacus, on the Hellespont. In 307, accompanied by his followers, Epicurus came to Athens and purchased a house. The house had a garden, and this became the site of Epicurus’s school. The school was a community of men and women—and at least one slave—who lived according to the master’s teachings. Epicurus headed the community (which came to be called “the Garden”) until he died in 270, at the age of seventy-two.

Most of Epicurus’s writings have been lost. What remains is a collection of his sayings known as the Principal Doctrines, another collection called The Vatican Sayings (so named because the manuscript is in the Vatican Library), fragments of his treatise On Nature, a letter to Herodotus, and a letter to Menoeceus. An additional work, in the form of a letter from Epicurus to Pythocles, seems to be have been written by a disciple.

Our reading is the Letter to Menoeceus. Epicurus sets forth for Menoeceus his central teachings pertaining to the proper conduct of life. (1) The gods exist, are immortal and blessed, and take pleasure in human beings who are like themselves. (2) It is foolish to fear death, since death is nothing when we are alive (it has not yet come) and nothing when we are dead (since we no longer exist). (3) The first principle and goal of a happy life is pleasure, which is not sensual indulgence (as Epicurus’s detractors misrepresent his doctrine) but “the absence of pain in the body and of trouble in the soul.” (4) The fundamental virtue is prudence, which enables us to choose pleasures intelligently. (5) We are responsible for our actions and are not ruled by necessity or chance.

Epicurus to Menoeceus:1 Greeting. Let no one be slow to seek wisdom when he is young nor weary in the

search [of it] when he is grown old. For no age is too early or too late for the health of the soul. And to say that the season for studying philosophy has not yet come, or that it is past and gone, is like saying that the season for happiness is not yet or that it is now no more. Therefore both old and young ought to seek wisdom, the former in order that, as age comes over him, he may be young in good things because of the grace of what has been; and the latter in order that, while he is young, he may at the same time be old, because he has no fear of the things which are to come. So we must exercise ourselves in the things which bring happiness, since, if that be present, we have everything, and, if that be absent, all our actions are di- rected toward attaining it.

Those things which without ceasing I have declared to you, those do, and exercise yourself [in them], holding them to be the elements of right

Letter to Menoeceus (complete): Reading 5 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete) © The McGraw−Hill Companies, 2006

life. First, believe that God is a living being immortal and blessed, accord- ing to the notion of a god indicated by the common sense of mankind. And so believing, you shall not affirm of him aught that is foreign to his im- mortality or that agrees not with blessedness, but shall believe about him whatever may uphold both his blessedness and his immortality. For verily there are gods, and the knowledge of them is manifest; but they are not such as the multitude believe, seeing that men do not steadfastly maintain the notions they form respecting them. Not the man who denies the gods worshipped by the multitude, but he who affirms of the gods what the mul- titude believes about them, is truly impious. For the utterances of the mul- titude about the gods are not true preconceptions but false assumptions. Hence it is that the greatest evils happen to the wicked and the greatest blessings happen to the good from the hand of the gods, seeing that they are always favourable to their own good qualities and take pleasure in men like unto themselves, but reject as alien whatever is not of their kind.

Accustom yourself to believe that death is nothing to us, for good and evil imply sentience, and death is the privation of all sentience. Therefore a right understanding that death is nothing to us makes the mortality of life enjoyable, not by adding to life an illimitable time, but by taking away the yearning after immortality. For life has no terrors for him who has thorough- ly apprehended that there are no terrors for him in ceasing to live. Foolish, therefore, is the man who says that he fears death, not because it will pain when it comes, but because it pains in the prospect. Whatever causes no an- noyance when it is present, causes only a groundless pain in the expectation. Death, therefore, the most awful of evils, is nothing to us, seeing that when we are, death is not come; and when death is come, we are not. It is nothing, then, either to the living or to the dead, for with the living it is not, and the dead exist no longer. But in the world, at one time men shun death as the greatest of all evils, and at another time choose it as a respite from the evils in life. The wise man does not deprecate life nor does he fear the cessation of life. The thought of life is no offence to him, nor is the cessation of life re- garded as an evil. And even as men choose of food not merely and simply the larger portion, but the more pleasant, so the wise seek to enjoy the time which is most pleasant and not merely that which is longest. And he who ad- monishes the young to live well and the old to make a good end speaks fool- ishly, not merely because of the desirableness of life, but because the same exercise at once teaches to live well and to die well. Much worse is he who says that it were good not to be born, but when once one is born to pass with all speed through the gates of Hades. For if he truly believes this, why does he not depart from life? It were easy for him to do so, if once he were firmly convinced. If he speaks only in mockery, his words are foolishness—for those who hear, believe him not.

We must remember that the future is neither wholly ours nor wholly not ours, so that neither must we count upon it as quite certain to come, nor despair of it as quite certain not to come.

6 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 5 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

We must also reflect that, of desires, some are natural, others are groundless; and that of the natural some are necessary as well as natural, and some natural only. And of the necessary desires, some are necessary if we are to be happy, some if the body is to be rid of uneasiness, some if we are even to live. He who has a clear and certain understanding of these things will direct every preference and aversion toward securing health of body and tranquillity of mind, seeing that this is the sum and end of a blessed life. For the end of all our actions is to be free from pain and fear, and, when once we have attained all this, the tempest of the soul is laid— seeing that the living creature has no need to go in search of something that is lacking, nor to look for anything else by which the good of the soul and of the body will be fulfilled. When we are pained because of the ab- sence of pleasure, then—and then only—do we feel the need of pleasure. Therefore we call pleasure the [first principle and the goal] of a blessed life. Pleasure is our first and kindred good. It is the starting-point of every choice and of every aversion, and to it we come back, inasmuch as we make feeling the rule by which to judge of every good thing. And since pleasure is our first and native good, for that reason we do not choose every plea- sure whatsoever, but often pass over many pleasures when a greater annoy- ance ensues from them. And often we consider pains superior to pleasures when submission to the pains for a long time brings us as a consequence a greater pleasure. While therefore all pleasure, because it is naturally akin to us, is good; not all pleasure is choiceworthy—just as all pain is an evil, and yet not all pain is to be shunned. It is, however, by measuring one against another, and by looking at the conveniences and inconveniences, that all these matters must be judged. Sometimes we treat the good as an evil, and the evil, on the contrary, as a good. Again, we regard [being inde- pendent] of outward things as a great good, not so as in all cases to use lit- tle, but so as to be contented with little if we have not much, being honestly persuaded that they have the sweetest enjoyment of luxury who stand least in need of it, and that whatever is natural is easily procured and only the vain and worthless hard to win. Plain fare gives as much pleasure as a costly diet, when once the pain of want has been removed, while bread and water confer the highest possible pleasure when they are brought to hungry lips. To habituate oneself, therefore, to simple and inexpensive diet supplies all that is needful for health and enables a man to meet the necessary require- ments of life without shrinking, and it places us in a better condition when we approach at intervals a costly fare and renders us fearless of fortune.

When we say, then, that pleasure is the end and aim, we do not mean the pleasures of the prodigal or the pleasures of sensuality, as we are under- stood to do by some through ignorance, prejudice, or wilful misrepresenta- tion. By pleasure we mean the absence of pain in the body and of trouble in the soul. It is not an unbroken succession of drinking-bouts and of revel- ry, not sexual love, not the enjoyment of the fish and other delicacies of a luxurious table, which produce a pleasant life; it is sober reasoning, search-

Letter to Menoeceus (complete): Reading 7 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete) © The McGraw−Hill Companies, 2006

ing out the grounds of every choice and avoidance, and banishing those beliefs through which the greatest tumults take possession of the soul. Of all this the beginning and the greatest good is prudence. Therefore pru- dence is a more precious thing even than philosophy; from it spring all the other virtues, for it teaches that we cannot lead a life of pleasure which is not also a life of prudence, honour, and justice; nor lead a life of pru- dence, honour, and justice, which is not also a life of pleasure. For the virtues have grown into one with a pleasant life, and a pleasant life is insep- arable from them.

Who, then, is superior in your judgement to such a man? He holds a holy belief concerning the gods and is altogether free from the fear of death. He has diligently considered the end fixed by nature and under- stands how easily the limit of good things can be reached and attained, and how either the duration or the intensity of evils is but slight. Destiny, which some introduce as sovereign over all things, he laughs to scorn, affirming rather that some things happen of necessity, others by chance, others through our own agency. For he sees that necessity destroys responsibility and that chance or fortune is inconstant; whereas our own actions are free, and it is to them that praise and blame naturally attach. It were better, in- deed, to accept the legends of the gods than to bow beneath that yoke of destiny which the natural philosophers2 have imposed. The one holds out some faint hope that we may escape if we honour the gods, while the ne- cessity of the naturalists is deaf to all entreaties. Nor does he hold chance to be a god, as the world in general does, for in the acts of a god there is no disorder; nor to be a cause, though an uncertain one, for he believes that no good or evil is dispensed by chance to men so as to make life blessed, though it supplies the starting-point of great good and great evil. He be- lieves that the misfortune of the wise is better than the prosperity of the fool. It is better, in short, that what is well judged in action should not owe its successful issue to the aid of chance.

Exercise yourself in these and kindred precepts day and night, both by yourself and with him who is like you; then never, either in waking or in dream, will you be disturbed, but will live as a god among men. For man loses all semblance of mortality by living in the midst of immortal blessings.

NOTES

1. Nothing is known about Menoeceus. [D.C.A., ed.] 2. natural philosophers: philosophers of nature; natural scientists [D.C.A.]

8 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics6

03_bos5511X_int_p001-068.indd 6 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Letter to Menoeceus (complete): Reading 7Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

We must also reflect that, of desires, some are natural, others are groundless; and that of the natural some are necessary as well as natural, and some natural only. And of the necessary desires, some are necessary if we are to be happy, some if the body is to be rid of uneasiness, some if we are even to live. He who has a clear and certain understanding of these things will direct every preference and aversion toward securing health of body and tranquillity of mind, seeing that this is the sum and end of a blessed life. For the end of all our actions is to be free from pain and fear, and, when once we have attained all this, the tempest of the soul is laid— seeing that the living creature has no need to go in search of something that is lacking, nor to look for anything else by which the good of the soul and of the body will be fulfilled. When we are pained because of the ab- sence of pleasure, then—and then only—do we feel the need of pleasure. Therefore we call pleasure the [first principle and the goal] of a blessed life. Pleasure is our first and kindred good. It is the starting-point of every choice and of every aversion, and to it we come back, inasmuch as we make feeling the rule by which to judge of every good thing. And since pleasure is our first and native good, for that reason we do not choose every plea- sure whatsoever, but often pass over many pleasures when a greater annoy- ance ensues from them. And often we consider pains superior to pleasures when submission to the pains for a long time brings us as a consequence a greater pleasure. While therefore all pleasure, because it is naturally akin to us, is good; not all pleasure is choiceworthy—just as all pain is an evil, and yet not all pain is to be shunned. It is, however, by measuring one against another, and by looking at the conveniences and inconveniences, that all these matters must be judged. Sometimes we treat the good as an evil, and the evil, on the contrary, as a good. Again, we regard [being inde- pendent] of outward things as a great good, not so as in all cases to use lit- tle, but so as to be contented with little if we have not much, being honestly persuaded that they have the sweetest enjoyment of luxury who stand least in need of it, and that whatever is natural is easily procured and only the vain and worthless hard to win. Plain fare gives as much pleasure as a costly diet, when once the pain of want has been removed, while bread and water confer the highest possible pleasure when they are brought to hungry lips. To habituate oneself, therefore, to simple and inexpensive diet supplies all that is needful for health and enables a man to meet the necessary require- ments of life without shrinking, and it places us in a better condition when we approach at intervals a costly fare and renders us fearless of fortune.

When we say, then, that pleasure is the end and aim, we do not mean the pleasures of the prodigal or the pleasures of sensuality, as we are under- stood to do by some through ignorance, prejudice, or wilful misrepresenta- tion. By pleasure we mean the absence of pain in the body and of trouble in the soul. It is not an unbroken succession of drinking-bouts and of revel- ry, not sexual love, not the enjoyment of the fish and other delicacies of a luxurious table, which produce a pleasant life; it is sober reasoning, search-

Letter to Menoeceus (complete): Reading 7 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete) © The McGraw−Hill Companies, 2006

ing out the grounds of every choice and avoidance, and banishing those beliefs through which the greatest tumults take possession of the soul. Of all this the beginning and the greatest good is prudence. Therefore pru- dence is a more precious thing even than philosophy; from it spring all the other virtues, for it teaches that we cannot lead a life of pleasure which is not also a life of prudence, honour, and justice; nor lead a life of pru- dence, honour, and justice, which is not also a life of pleasure. For the virtues have grown into one with a pleasant life, and a pleasant life is insep- arable from them.

Who, then, is superior in your judgement to such a man? He holds a holy belief concerning the gods and is altogether free from the fear of death. He has diligently considered the end fixed by nature and under- stands how easily the limit of good things can be reached and attained, and how either the duration or the intensity of evils is but slight. Destiny, which some introduce as sovereign over all things, he laughs to scorn, affirming rather that some things happen of necessity, others by chance, others through our own agency. For he sees that necessity destroys responsibility and that chance or fortune is inconstant; whereas our own actions are free, and it is to them that praise and blame naturally attach. It were better, in- deed, to accept the legends of the gods than to bow beneath that yoke of destiny which the natural philosophers2 have imposed. The one holds out some faint hope that we may escape if we honour the gods, while the ne- cessity of the naturalists is deaf to all entreaties. Nor does he hold chance to be a god, as the world in general does, for in the acts of a god there is no disorder; nor to be a cause, though an uncertain one, for he believes that no good or evil is dispensed by chance to men so as to make life blessed, though it supplies the starting-point of great good and great evil. He be- lieves that the misfortune of the wise is better than the prosperity of the fool. It is better, in short, that what is well judged in action should not owe its successful issue to the aid of chance.

Exercise yourself in these and kindred precepts day and night, both by yourself and with him who is like you; then never, either in waking or in dream, will you be disturbed, but will live as a god among men. For man loses all semblance of mortality by living in the midst of immortal blessings.

NOTES

1. Nothing is known about Menoeceus. [D.C.A., ed.] 2. natural philosophers: philosophers of nature; natural scientists [D.C.A.]

8 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

03_bos5511X_int_p001-068.indd 7 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Letter to Menoeceus Epicurus

Reading Questions

According to Epicurus:

1. Why do the gods bestow blessings on the good and bestow evils on the wicked?

2. Why is death nothing to either the living or the dead?

3. What is the end (goal) of all our actions? What occurs when we attain this goal?

4. Why are some pleasures not choiceworthy, even though all pleasure is good?

5. What does prudence teach us?

Discussion Questions

In your own view:

1. Is it foolish to fear death?

2. Is pleasure the ultimate goal of life?

3. Are all pleasures good?

4. Are some pleasures qualitatively better than others? If so, is this because something other than pleasure is intrinsically good?

5. Are virtues intrinsically good, or good only insofar as they lead to pleasure?

Letter to Menoeceus (complete): Reading 9Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete) © The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics8 Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

Letter From Birmingham Jail

Martin Luther King, Jr.

Martin Luther King, Jr. was born in 1929 in Atlanta, Georgia. He attended Morehouse College and during his senior year decided to follow in his father’s footsteps and be- come a Baptist minister. Upon graduating in 1948, he entered Crozer Theological Seminary in Chester, Pennsylvania. There he was deeply influenced by Mohandas Ghandi’s philosophy of nonviolence and became convinced that black Americans should use this strategy to attain their civil rights. King received his bachelor of divinity degree in 1951. He then began doctoral studies in theology at Boston University, com- pleting his degree in 1955. While still working on his doctorate, King became pastor at the Dexter Avenue Baptist Church in Montgomery, Alabama. In 1954 he led a boycott of the city transit company to protest segregated seating on buses. Within a year the buses were desegregated. Encouraged by this success, King began to work for civil rights on a national basis by forming the Southern Christian Leadership Conference. In 1960 he moved to Atlanta, where he directed the Conference and served as copastor (with his father) at Ebenezer Baptist Church. In 1963 he and many others were arrested and jailed for participating in a demonstration in Birmingham. Later that year King helped organize a massive demonstration in Washington, D.C., for civil rights leg- islation. King addressed the crowd, proclaiming ‘‘I have a dream’’— a dream of inter- racial equality and harmony. The following year King received the Nobel Prize for Peace. In 1968, while in Memphis to support a strike by sanitation workers, he was killed by a sniper’s bullet.

King’s works include Stride Toward Freedom: The Montgomery Story (1958), Why We Can’t Wait (1964), and Where Do We Go from Here: Chaos or Community? (1967).

Our reading is King’s ‘‘Letter from Birmingham Jail’’ (published in Why We Can’t Wait), an essay King wrote in 1963 when in jail for protesting segregation at lunch counters and discrimination in hiring practices. King’s essay is a response to eight members of the clergy who had published a statement criticizing his civil rights activi- ties as ‘‘unwise and untimely.’’ King explains that blacks in America have waited for over three centuries to gain their basic human rights — and that they should wait no longer. In answer to the objection that his nonviolent activities sometimes violate laws, King distinguishes just and unjust laws. Just laws should be obeyed, but unjust laws are not binding because they contradict moral laws and degrade human beings. There are some situations in which even just laws are not binding, however. For example, a law requiring a permit for a parade is just, but it need not be obeyed when it is used for the unjust purpose of denying citizens the right of peaceful assembly and protest. King explains that a person who breaks a just law as a form of protest must do so openly and with a willingness to accept the penalty. Responding to the charge that he is an ex- tremist, King points out that nonviolent protest is certainly less extreme than violence. He admits, however, that in a certain way he is an extremist — an extremist for love and justice.

▼ April 16, 1963 My Dear Fellow Clergymen: While confined here in Birmingham city jail, I came across your recent statement calling my present activities ‘‘unwise and untimely.’’ Seldom do I

© 1963, Dr. Martin Luther King, Jr., renewed 1991, Estate of Dr. Martin Luther King, Jr., Coretta Scott King, Administrator.

18 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 8 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

9Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Letter to Menoeceus Epicurus

Reading Questions

According to Epicurus:

1. Why do the gods bestow blessings on the good and bestow evils on the wicked?

2. Why is death nothing to either the living or the dead?

3. What is the end (goal) of all our actions? What occurs when we attain this goal?

4. Why are some pleasures not choiceworthy, even though all pleasure is good?

5. What does prudence teach us?

Discussion Questions

In your own view:

1. Is it foolish to fear death?

2. Is pleasure the ultimate goal of life?

3. Are all pleasures good?

4. Are some pleasures qualitatively better than others? If so, is this because something other than pleasure is intrinsically good?

5. Are virtues intrinsically good, or good only insofar as they lead to pleasure?

Letter to Menoeceus (complete): Reading 9Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete) © The McGraw−Hill Companies, 2006

Letter from Birmingham Jail (complete): Reading

The function of education, therefore, is to teach one to think inten- sively and to think critically. But education which stops with efficiency may prove the greatest men- ace to society. The most dangerous criminal may be the man gifted with reason, but with no mor- als.” Martin Luther King

Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

Letter From Birmingham Jail

Martin Luther King, Jr.

Martin Luther King, Jr. was born in 1929 in Atlanta, Georgia. He attended Morehouse College and during his senior year decided to follow in his father’s footsteps and be- come a Baptist minister. Upon graduating in 1948, he entered Crozer Theological Seminary in Chester, Pennsylvania. There he was deeply influenced by Mohandas Ghandi’s philosophy of nonviolence and became convinced that black Americans should use this strategy to attain their civil rights. King received his bachelor of divinity degree in 1951. He then began doctoral studies in theology at Boston University, com- pleting his degree in 1955. While still working on his doctorate, King became pastor at the Dexter Avenue Baptist Church in Montgomery, Alabama. In 1954 he led a boycott of the city transit company to protest segregated seating on buses. Within a year the buses were desegregated. Encouraged by this success, King began to work for civil rights on a national basis by forming the Southern Christian Leadership Conference. In 1960 he moved to Atlanta, where he directed the Conference and served as copastor (with his father) at Ebenezer Baptist Church. In 1963 he and many others were arrested and jailed for participating in a demonstration in Birmingham. Later that year King helped organize a massive demonstration in Washington, D.C., for civil rights leg- islation. King addressed the crowd, proclaiming ‘‘I have a dream’’— a dream of inter- racial equality and harmony. The following year King received the Nobel Prize for Peace. In 1968, while in Memphis to support a strike by sanitation workers, he was killed by a sniper’s bullet.

King’s works include Stride Toward Freedom: The Montgomery Story (1958), Why We Can’t Wait (1964), and Where Do We Go from Here: Chaos or Community? (1967).

Our reading is King’s ‘‘Letter from Birmingham Jail’’ (published in Why We Can’t Wait), an essay King wrote in 1963 when in jail for protesting segregation at lunch counters and discrimination in hiring practices. King’s essay is a response to eight members of the clergy who had published a statement criticizing his civil rights activi- ties as ‘‘unwise and untimely.’’ King explains that blacks in America have waited for over three centuries to gain their basic human rights — and that they should wait no longer. In answer to the objection that his nonviolent activities sometimes violate laws, King distinguishes just and unjust laws. Just laws should be obeyed, but unjust laws are not binding because they contradict moral laws and degrade human beings. There are some situations in which even just laws are not binding, however. For example, a law requiring a permit for a parade is just, but it need not be obeyed when it is used for the unjust purpose of denying citizens the right of peaceful assembly and protest. King explains that a person who breaks a just law as a form of protest must do so openly and with a willingness to accept the penalty. Responding to the charge that he is an ex- tremist, King points out that nonviolent protest is certainly less extreme than violence. He admits, however, that in a certain way he is an extremist — an extremist for love and justice.

▼ April 16, 1963 My Dear Fellow Clergymen: While confined here in Birmingham city jail, I came across your recent statement calling my present activities ‘‘unwise and untimely.’’ Seldom do I

© 1963, Dr. Martin Luther King, Jr., renewed 1991, Estate of Dr. Martin Luther King, Jr., Coretta Scott King, Administrator.

18 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 9 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics10 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

pause to answer criticism of my work and ideas. If I sought to answer all the criticisms that cross my desk, my secretaries would have little time for any- thing other than such correspondence in the course of the day, and I would have no time for constructive work. But since I feel that you are men of genuine good will and that your criticisms are sincerely set forth, I want to try to answer your statement in what I hope will be patient and reasonable terms.

I think I should indicate why I am here in Birmingham, since you have been influenced by the view which argues against ‘‘outsiders coming in.’’ I have the honor of serving as president of the Southern Christian Leadership Conference, an organization operating in every southern state, with head- quarters in Atlanta, Georgia. We have some eighty-five affiliated organiza- tions across the South, and one of them is the Alabama Christian Movement for Human Rights. Frequently we share staff, educational and financial re- sources with our affiliates. Several months ago the affiliate here in Birming- ham asked us to be on call to engage in a nonviolent direct-action program if such were deemed necessary. We readily consented, and when the hour came we lived up to our promise. So I, along with several members of my staff, am here because I was invited here. I am here because I have organiza- tional ties here.

But more basically, I am in Birmingham because injustice is here. Just as the prophets of the eighth century B.C. left their villages and carried their ‘‘thus saith the Lord’’ far beyond the boundaries of their home towns, and just as the Apostle Paul left his village of Tarsus and carried the gospel of Jesus Christ to the far corners of the Greco-Roman world, so am I compelled to carry the gospel of freedom beyond my own home town. Like Paul, I must constantly respond to the Macedonian call for aid.

Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what hap- pens to Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial ‘‘outside agitator’’ idea. Anyone who lives inside the United States can never be considered an out- sider anywhere within its bounds.

You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the condi- tions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city’s white power structure left the Negro community with no alternative.

In any nonviolent campaign there are four steps: collection of the facts to determine whether injustices exist; negotiation; self-purification; and di-

Letter from Birmingham Jail (complete): Reading 19 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

rect action. We have gone through all these steps in Birmingham. There can be no gainsaying the fact that racial injustice engulfs this community. Bir- mingham is probably the most thoroughly segregated city in the United States. Its ugly record of brutality is widely known. Negroes have experienced grossly unjust treatment in the courts. There have been more unsolved bombings of Negro homes and churches in Birmingham than in any other city in the nation. These are the hard brutal facts of the case. On the basis of these conditions, Negro leaders sought to negotiate with the city fathers. But the latter consistently refused to engage in good-faith negotiation.

Then, last September, came the opportunity to talk with leaders of Bir- mingham’s economic community. In the course of negotiations, certain promises were made by the merchants — for example, to remove the stores’ humiliating racial signs. On the basis of these promises, the Reverend Fred Shuttlesworth and the leaders of the Alabama Christian Movement for Human Rights agreed to a moratorium on all demonstrations. As the weeks and months went by, we realized that we were the victims of a broken prom- ise. A few signs, briefly removed, returned; the others remained.

As in so many past experiences, our hopes had been blasted, and the shadow of deep disappointment settled upon us. We had no alternative except to prepare for direct action, whereby we would present our very bodies as a means of laying our case before the conscience of the local and the national community. Mindful of the difficulties involved, we decided to undertake a process of self-purification. We began a series of workshops on nonviolence, and we repeatedly asked ourselves: ‘‘Are you able to accept blows without retaliating?’’ ‘‘Are you able to endure the ordeal of jail?’’ We decided to schedule our direct-action program for the Easter season, realiz- ing that except for Christmas, this is the main shopping period of the year. Knowing that a strong economic-withdrawal program would be the by-prod- uct of direct action, we felt that this would be the best time to bring pressure to bear on the merchants for the needed change.

Then it occurred to us that Birmingham’s mayoralty election was com- ing up in March, and we speedily decided to postpone action until after election day. When we discovered that the Commissioner of Public Safety, Eugene ‘‘Bull’’ Connor, had piled up enough votes to be in the run-off, we decided again to postpone action until the day after the run-off so that the demonstrations could not be used to cloud the issues. Like many others, we waited to see Mr. Connor defeated, and to this end we endured postpone- ment after postponement. Having aided in this community need, we felt that our direct-action program could be delayed no longer.

You may well ask: ‘‘Why direct action? Why sit-ins, marches and so forth? Isn’t negotiation a better path?’’ You are quite right in calling for negotia- tion. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a commu- nity which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing

20 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 10 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

11Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

pause to answer criticism of my work and ideas. If I sought to answer all the criticisms that cross my desk, my secretaries would have little time for any- thing other than such correspondence in the course of the day, and I would have no time for constructive work. But since I feel that you are men of genuine good will and that your criticisms are sincerely set forth, I want to try to answer your statement in what I hope will be patient and reasonable terms.

I think I should indicate why I am here in Birmingham, since you have been influenced by the view which argues against ‘‘outsiders coming in.’’ I have the honor of serving as president of the Southern Christian Leadership Conference, an organization operating in every southern state, with head- quarters in Atlanta, Georgia. We have some eighty-five affiliated organiza- tions across the South, and one of them is the Alabama Christian Movement for Human Rights. Frequently we share staff, educational and financial re- sources with our affiliates. Several months ago the affiliate here in Birming- ham asked us to be on call to engage in a nonviolent direct-action program if such were deemed necessary. We readily consented, and when the hour came we lived up to our promise. So I, along with several members of my staff, am here because I was invited here. I am here because I have organiza- tional ties here.

But more basically, I am in Birmingham because injustice is here. Just as the prophets of the eighth century B.C. left their villages and carried their ‘‘thus saith the Lord’’ far beyond the boundaries of their home towns, and just as the Apostle Paul left his village of Tarsus and carried the gospel of Jesus Christ to the far corners of the Greco-Roman world, so am I compelled to carry the gospel of freedom beyond my own home town. Like Paul, I must constantly respond to the Macedonian call for aid.

Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what hap- pens to Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial ‘‘outside agitator’’ idea. Anyone who lives inside the United States can never be considered an out- sider anywhere within its bounds.

You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the condi- tions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city’s white power structure left the Negro community with no alternative.

In any nonviolent campaign there are four steps: collection of the facts to determine whether injustices exist; negotiation; self-purification; and di-

Letter from Birmingham Jail (complete): Reading 19 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

rect action. We have gone through all these steps in Birmingham. There can be no gainsaying the fact that racial injustice engulfs this community. Bir- mingham is probably the most thoroughly segregated city in the United States. Its ugly record of brutality is widely known. Negroes have experienced grossly unjust treatment in the courts. There have been more unsolved bombings of Negro homes and churches in Birmingham than in any other city in the nation. These are the hard brutal facts of the case. On the basis of these conditions, Negro leaders sought to negotiate with the city fathers. But the latter consistently refused to engage in good-faith negotiation.

Then, last September, came the opportunity to talk with leaders of Bir- mingham’s economic community. In the course of negotiations, certain promises were made by the merchants — for example, to remove the stores’ humiliating racial signs. On the basis of these promises, the Reverend Fred Shuttlesworth and the leaders of the Alabama Christian Movement for Human Rights agreed to a moratorium on all demonstrations. As the weeks and months went by, we realized that we were the victims of a broken prom- ise. A few signs, briefly removed, returned; the others remained.

As in so many past experiences, our hopes had been blasted, and the shadow of deep disappointment settled upon us. We had no alternative except to prepare for direct action, whereby we would present our very bodies as a means of laying our case before the conscience of the local and the national community. Mindful of the difficulties involved, we decided to undertake a process of self-purification. We began a series of workshops on nonviolence, and we repeatedly asked ourselves: ‘‘Are you able to accept blows without retaliating?’’ ‘‘Are you able to endure the ordeal of jail?’’ We decided to schedule our direct-action program for the Easter season, realiz- ing that except for Christmas, this is the main shopping period of the year. Knowing that a strong economic-withdrawal program would be the by-prod- uct of direct action, we felt that this would be the best time to bring pressure to bear on the merchants for the needed change.

Then it occurred to us that Birmingham’s mayoralty election was com- ing up in March, and we speedily decided to postpone action until after election day. When we discovered that the Commissioner of Public Safety, Eugene ‘‘Bull’’ Connor, had piled up enough votes to be in the run-off, we decided again to postpone action until the day after the run-off so that the demonstrations could not be used to cloud the issues. Like many others, we waited to see Mr. Connor defeated, and to this end we endured postpone- ment after postponement. Having aided in this community need, we felt that our direct-action program could be delayed no longer.

You may well ask: ‘‘Why direct action? Why sit-ins, marches and so forth? Isn’t negotiation a better path?’’ You are quite right in calling for negotia- tion. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a commu- nity which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing

20 ANALYZING MORAL ISSUES - Vol. 1 Letter from Birmingham Jail (complete): Reading

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics12 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

the creation of tension as part of the work of the nonviolent-resister may sound rather shocking. But I must confess that I am not afraid of the word ‘‘tension.’’ I have earnestly opposed violent tension, but there is a type of constructive nonviolent tension which is necessary for growth. Just as Socra- tes felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half-truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood.

The purpose of our direct-action program is to create a situation so crisis-packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.

One of the basic points in your statement is that the action that I and my associates have taken in Birmingham is untimely. Some have asked: ‘‘Why didn’t you give the new city administration time to act?’’ The only answer that I can give to this query is that the new Birmingham administration must be prodded about as much as the outgoing one, before it will act. We are sadly mistaken if we feel that the election of Albert Boutwell as mayor will bring the millennium to Birmingham. While Mr. Boutwell is a much more gentle person than Mr. Connor, they are both segregationists, dedicated to maintenance of the status quo. I have hope that Mr. Boutwell will be reason- able enough to see the futility of massive resistance to desegregation. But he will not see this without pressure from devotees of civil rights. My friends, I must say to you that we have not made a single gain in civil rights without determined legal and nonviolent pressure. Lamentably, it is an historical fact that privileged groups seldom give up their privileges voluntarily. Indi- viduals may see the moral light and voluntarily give up their unjust posture; but, as Reinhold Niebuhr has reminded us, groups tend to be more immoral than individuals.

We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Frankly, I have yet to engage in a direct-action campaign that was ‘‘well timed’’ in the view of those who have not suffered unduly from the disease of segregation. For years now I have heard the word ‘‘Wait!’’ It rings in the ear of every Negro with piercing familiarity. This ‘‘Wait’’ has almost always meant ‘‘Never.’’ We must come to see, with one of our distinguished jurists, that ‘‘justice too long delayed is justice denied.’’

We have waited for more than 340 years for our constitutional and God- given rights. The nations of Asia and Africa are moving with jetlike speed toward gaining political independence, but we still creep at horse-and-buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging darts of segregation to say, ‘‘Wait.’’

Letter from Birmingham Jail (complete): Reading 21 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate-filled policemen curse, kick and even kill your black brothers and sisters; when you see the vast majority of your 20 million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you sud- denly find your tongue twisted and your speech stammering as you seek to explain to your six-year-old daughter why she can’t go to the public amuse- ment park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an un- conscious bitterness toward white people; when you have to concoct an an- swer for a five-year-old son who is asking: ‘‘Daddy, why do white people treat colored people so mean?’’; when you take a cross-country drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading ‘‘white’’ and ‘‘colored’’; when your first name becomes ‘‘nigger,’’ your middle name becomes ‘‘boy’’ (however old you are) and your last name becomes ‘‘John,’’ and your wife and mother are never given the respected title ‘‘Mrs.’’; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tiptoe stance, never quite knowing what to expect next, and are plagued with inner fears and outer resentments; when you are forever fighting a degenerating sense of ‘‘nobodiness’’ — then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience.

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: ‘‘How can you advocate break- ing some laws and obeying others?’’ The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ‘‘an unjust law is no law at all.’’

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because seg- regation distorts the soul and damages the personality. It gives the segrega-

22 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 12 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

13Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

the creation of tension as part of the work of the nonviolent-resister may sound rather shocking. But I must confess that I am not afraid of the word ‘‘tension.’’ I have earnestly opposed violent tension, but there is a type of constructive nonviolent tension which is necessary for growth. Just as Socra- tes felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half-truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood.

The purpose of our direct-action program is to create a situation so crisis-packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.

One of the basic points in your statement is that the action that I and my associates have taken in Birmingham is untimely. Some have asked: ‘‘Why didn’t you give the new city administration time to act?’’ The only answer that I can give to this query is that the new Birmingham administration must be prodded about as much as the outgoing one, before it will act. We are sadly mistaken if we feel that the election of Albert Boutwell as mayor will bring the millennium to Birmingham. While Mr. Boutwell is a much more gentle person than Mr. Connor, they are both segregationists, dedicated to maintenance of the status quo. I have hope that Mr. Boutwell will be reason- able enough to see the futility of massive resistance to desegregation. But he will not see this without pressure from devotees of civil rights. My friends, I must say to you that we have not made a single gain in civil rights without determined legal and nonviolent pressure. Lamentably, it is an historical fact that privileged groups seldom give up their privileges voluntarily. Indi- viduals may see the moral light and voluntarily give up their unjust posture; but, as Reinhold Niebuhr has reminded us, groups tend to be more immoral than individuals.

We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Frankly, I have yet to engage in a direct-action campaign that was ‘‘well timed’’ in the view of those who have not suffered unduly from the disease of segregation. For years now I have heard the word ‘‘Wait!’’ It rings in the ear of every Negro with piercing familiarity. This ‘‘Wait’’ has almost always meant ‘‘Never.’’ We must come to see, with one of our distinguished jurists, that ‘‘justice too long delayed is justice denied.’’

We have waited for more than 340 years for our constitutional and God- given rights. The nations of Asia and Africa are moving with jetlike speed toward gaining political independence, but we still creep at horse-and-buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging darts of segregation to say, ‘‘Wait.’’

Letter from Birmingham Jail (complete): Reading 21 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate-filled policemen curse, kick and even kill your black brothers and sisters; when you see the vast majority of your 20 million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you sud- denly find your tongue twisted and your speech stammering as you seek to explain to your six-year-old daughter why she can’t go to the public amuse- ment park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an un- conscious bitterness toward white people; when you have to concoct an an- swer for a five-year-old son who is asking: ‘‘Daddy, why do white people treat colored people so mean?’’; when you take a cross-country drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading ‘‘white’’ and ‘‘colored’’; when your first name becomes ‘‘nigger,’’ your middle name becomes ‘‘boy’’ (however old you are) and your last name becomes ‘‘John,’’ and your wife and mother are never given the respected title ‘‘Mrs.’’; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tiptoe stance, never quite knowing what to expect next, and are plagued with inner fears and outer resentments; when you are forever fighting a degenerating sense of ‘‘nobodiness’’ — then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience.

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: ‘‘How can you advocate break- ing some laws and obeying others?’’ The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ‘‘an unjust law is no law at all.’’

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because seg- regation distorts the soul and damages the personality. It gives the segrega-

22 ANALYZING MORAL ISSUES - Vol. 1 Letter from Birmingham Jail (complete): Reading

03_bos5511X_int_p001-068.indd 13 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics14 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

tor a false sense of superiority and the segregated a false sense of inferiority. Segregation, to use the terminology of the Jewish philosopher Martin Buber, substitutes an ‘‘I – it’’ relationship for an ‘‘I – thou’’ relationship and ends up relegating persons to the status of things. Hence segregation is not only politically, economically and sociologically unsound, it is morally wrong and sinful. Paul Tillich has said that sin is separation. Is not segregation an exis- tential expression of man’s tragic separation, his awful estrangement, his terrible sinfulness? Thus it is that I can urge men to obey the 1954 decision of the Supreme Court, for it is morally right; and I can urge them to disobey segregation ordinances, for they are morally wrong.

Let us consider a more concrete example of just and unjust laws. An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal.

Let me give another explanation. A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up that state’s segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Ne- groes from becoming registered voters, and there are some counties in which even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?

Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First-Amendment privilege of peaceful assembly and protest.

I hope you are able to see the distinction I am trying to point out. In no sense do I advocate evading or defying the law, as would the rabid segrega- tionist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the con- science of the community over its injustice, is in reality expressing the high- est respect for law.

Of course, there is nothing new about this kind of civil disobedience. It was evidenced sublimely in the refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake. It was practiced superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks

Letter from Birmingham Jail (complete): Reading 23 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

rather than submit to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobe- dience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience.

We should never forget that everything Adolf Hitler did in Germany was ‘‘legal’’ and everything the Hungarian freedom fighters did in Hungary was ‘‘illegal.’’ It was ‘‘illegal’’ to aid and comfort a Jew in Hitler’s Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country’s anti-religious laws.

I must make two honest confessions to you, my Christian and Jewish brothers. First, I must confess that over the past few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro’s great stumbling block in his stride toward free- dom is not the White Citizen’s Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to ‘‘order’’ than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: ‘‘I agree with you in the goal you seek, but I cannot agree with your methods of direct action’’; who paterna- listically believes he can set the timetable for another man’s freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a ‘‘more convenient season.’’ Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.

I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. I had hoped that the white moderate would under- stand that the present tension in the South is a necessary phase of the transi- tion from an obnoxious negative peace, in which the Negro passively ac- cepted his unjust plight, to a substantive and positive peace, in which all men will respect the dignity and worth of human personality. Actually, we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out in the open, where it can be seen and dealt with. Like a boil that can never be cured so long as it is covered up but must be opened with all its ugliness to the natural medicines of air and light, injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured.

In your statement you assert that our actions, even though peaceful, must be condemned because they precipitate violence. But is this a logical assertion? Isn’t this like condemning a robbed man because his possession of

24 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 14 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

15Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

tor a false sense of superiority and the segregated a false sense of inferiority. Segregation, to use the terminology of the Jewish philosopher Martin Buber, substitutes an ‘‘I – it’’ relationship for an ‘‘I – thou’’ relationship and ends up relegating persons to the status of things. Hence segregation is not only politically, economically and sociologically unsound, it is morally wrong and sinful. Paul Tillich has said that sin is separation. Is not segregation an exis- tential expression of man’s tragic separation, his awful estrangement, his terrible sinfulness? Thus it is that I can urge men to obey the 1954 decision of the Supreme Court, for it is morally right; and I can urge them to disobey segregation ordinances, for they are morally wrong.

Let us consider a more concrete example of just and unjust laws. An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal.

Let me give another explanation. A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up that state’s segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Ne- groes from becoming registered voters, and there are some counties in which even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?

Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First-Amendment privilege of peaceful assembly and protest.

I hope you are able to see the distinction I am trying to point out. In no sense do I advocate evading or defying the law, as would the rabid segrega- tionist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the con- science of the community over its injustice, is in reality expressing the high- est respect for law.

Of course, there is nothing new about this kind of civil disobedience. It was evidenced sublimely in the refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake. It was practiced superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks

Letter from Birmingham Jail (complete): Reading 23 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

rather than submit to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobe- dience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience.

We should never forget that everything Adolf Hitler did in Germany was ‘‘legal’’ and everything the Hungarian freedom fighters did in Hungary was ‘‘illegal.’’ It was ‘‘illegal’’ to aid and comfort a Jew in Hitler’s Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country’s anti-religious laws.

I must make two honest confessions to you, my Christian and Jewish brothers. First, I must confess that over the past few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro’s great stumbling block in his stride toward free- dom is not the White Citizen’s Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to ‘‘order’’ than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: ‘‘I agree with you in the goal you seek, but I cannot agree with your methods of direct action’’; who paterna- listically believes he can set the timetable for another man’s freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a ‘‘more convenient season.’’ Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.

I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. I had hoped that the white moderate would under- stand that the present tension in the South is a necessary phase of the transi- tion from an obnoxious negative peace, in which the Negro passively ac- cepted his unjust plight, to a substantive and positive peace, in which all men will respect the dignity and worth of human personality. Actually, we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out in the open, where it can be seen and dealt with. Like a boil that can never be cured so long as it is covered up but must be opened with all its ugliness to the natural medicines of air and light, injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured.

In your statement you assert that our actions, even though peaceful, must be condemned because they precipitate violence. But is this a logical assertion? Isn’t this like condemning a robbed man because his possession of

24 ANALYZING MORAL ISSUES - Vol. 1 Letter from Birmingham Jail (complete): Reading

03_bos5511X_int_p001-068.indd 15 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics16 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

money precipitated the evil act of robbery? Isn’t this like condemning Jesus because his unique God-consciousness and never-ceasing devotion to God’s will precipitated the evil act of crucifixion? We must come to see that, as the federal courts have consistently affirmed, it is wrong to urge an individual to cease his efforts to gain his basic constitutional rights because the quest may precipitate violence. Society must protect the robbed and punish the robber.

I had also hoped that the white moderate would reject the myth con- cerning time in relation to the struggle for freedom. I have just received a letter from a white brother in Texas. He writes: ‘‘All Christians know that the colored people will receive equal rights eventually, but it is possible that you are in too great a religious hurry. It has taken Christianity almost two thou- sand years to accomplish what it has. The teachings of Christ take time to come to earth.’’ Such an attitude stems from a tragic misconception of time, from the strangely irrational notion that there is something in the very flow of time that will inevitably cure all ills. Actually, time itself is neutral; it can be used either destructively or constructively. More and more I feel that the people of ill will have used time much more effectively than have the people of good will. We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co-workers with God, and without this hard work, time itself becomes an ally of the forces of social stagnation. We must use time creatively, in the knowledge that the time is always ripe to do right. Now is the time to make real the promise of democ- racy and transform our pending national elegy into a creative psalm of brotherhood. Now is the time to lift our national policy from the quicksand of racial injustice to the solid rock of human dignity.

You speak of our activity in Birmingham as extreme. At first I was rather disappointed that fellow clergymen would see my nonviolent efforts as those of an extremist. I began thinking about the fact that I stand in the middle of two opposing forces in the Negro community. One is a force of compla- cency, made up in part of Negroes who, as a result of long years of oppres- sion, are so drained of self-respect and a sense of ‘‘somebodiness’’ that they have adjusted to segregation; and in part of a few middle-class Negroes who, because of a degree of academic and economic security and because in some ways they profit by segregation, have become insensitive to the problems of the masses. The other force is one of bitterness and hatred, and it comes perilously close to advocating violence. It is expressed in the various black nationalist groups that are springing up across the nation, the largest and best-known being Elijah Muhammad’s Muslim movement. Nourished by the Negro’s frustration over the continued existence of racial discrimination, this movement is made up of people who have lost faith in America, who have absolutely repudiated Christianity, and who have concluded that the white man is an incorrigible ‘‘devil.’’

Letter from Birmingham Jail (complete): Reading 25 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

I have tried to stand between these two forces, saying that we need emu- late neither the ‘‘do-nothingism’’ of the complacement nor the hatred and despair of the black nationalist. For there is the more excellent way of love and nonviolent protest. I am grateful to God that, through the influence of the Negro church, the way of nonviolence became an integral part of our struggle.

If this philosophy had not emerged, by now many streets of the South would, I am convinced, be flowing with blood. And I am further convinced that if our white brothers dismiss as ‘‘rabble-rousers’’ and ‘‘outside agita- tors’’ those of us who employ nonviolent direct action, and if they refuse to support our nonviolent efforts, millions of Negroes will, out of frustration and despair, seek solace and security in black-nationalist ideologies — a de- velopment that would inevitably lead to a frightening racial nightmare.

Oppressed people cannot remain oppressed forever. The yearning for freedom eventually manifests itself, and that is what has happened to the American Negro. Something within has reminded him that it can be gained. Consciously or unconsciously, he has been caught up by the Zeitgeist, and with his black brothers of Africa and his brown and yellow brothers of Asia, South America and the Caribbean, the United States Negro is moving with a sense of great urgency toward the promised land of racial justice. If one recognizes this vital urge that has engulfed the Negro community, one should readily understand why public demonstrations are taking place. The Negro has many pent-up resentments and latent frustrations, and he must release them. So let him march; let him make prayer pilgrimages to the city hall; let him go on freedom rides — and try to understand why he must do so. If his repressed emotions are not released in nonviolent ways, they will seek expression through violence; this is not a threat but a fact of history. So I have not said to my people: ‘‘Get rid of your discontent.’’ Rather, I have tried to say that this normal and healthy discontent can be channeled into the creative outlet of nonviolent direct action. And now this approach is being termed extremist.

But though I was initially disappointed at being categorized as an ex- tremist, as I continued to think about the matter I gradually gained a mea- sure of satisfaction from the label. Was not Jesus an extremist for love: ‘‘Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you.’’ Was not Amos an extremist for justice: ‘‘Let justice roll down like waters and righteousness like an ever-flowing stream.’’ Was not Paul an extremist for the Christian gospel: ‘‘I bear in my body the marks of the Lord Jesus.’’ Was not Martin Luther an extremist: ‘‘Here I stand; I cannot do otherwise, so help me God.’’ And John Bunyan: ‘‘I will stay in jail to the end of my days before I make a butchery of my conscience.’’ And Abraham Lincoln: ‘‘This nation cannot survive half slave and half free.’’ And Thomas Jefferson: ‘‘We hold these truths to be self-evident, that all men are created equal. . . . ’’ So the ques- tion is not whether we will be extremists, but what kind of extremists we will

26 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 16 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

17Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

money precipitated the evil act of robbery? Isn’t this like condemning Jesus because his unique God-consciousness and never-ceasing devotion to God’s will precipitated the evil act of crucifixion? We must come to see that, as the federal courts have consistently affirmed, it is wrong to urge an individual to cease his efforts to gain his basic constitutional rights because the quest may precipitate violence. Society must protect the robbed and punish the robber.

I had also hoped that the white moderate would reject the myth con- cerning time in relation to the struggle for freedom. I have just received a letter from a white brother in Texas. He writes: ‘‘All Christians know that the colored people will receive equal rights eventually, but it is possible that you are in too great a religious hurry. It has taken Christianity almost two thou- sand years to accomplish what it has. The teachings of Christ take time to come to earth.’’ Such an attitude stems from a tragic misconception of time, from the strangely irrational notion that there is something in the very flow of time that will inevitably cure all ills. Actually, time itself is neutral; it can be used either destructively or constructively. More and more I feel that the people of ill will have used time much more effectively than have the people of good will. We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co-workers with God, and without this hard work, time itself becomes an ally of the forces of social stagnation. We must use time creatively, in the knowledge that the time is always ripe to do right. Now is the time to make real the promise of democ- racy and transform our pending national elegy into a creative psalm of brotherhood. Now is the time to lift our national policy from the quicksand of racial injustice to the solid rock of human dignity.

You speak of our activity in Birmingham as extreme. At first I was rather disappointed that fellow clergymen would see my nonviolent efforts as those of an extremist. I began thinking about the fact that I stand in the middle of two opposing forces in the Negro community. One is a force of compla- cency, made up in part of Negroes who, as a result of long years of oppres- sion, are so drained of self-respect and a sense of ‘‘somebodiness’’ that they have adjusted to segregation; and in part of a few middle-class Negroes who, because of a degree of academic and economic security and because in some ways they profit by segregation, have become insensitive to the problems of the masses. The other force is one of bitterness and hatred, and it comes perilously close to advocating violence. It is expressed in the various black nationalist groups that are springing up across the nation, the largest and best-known being Elijah Muhammad’s Muslim movement. Nourished by the Negro’s frustration over the continued existence of racial discrimination, this movement is made up of people who have lost faith in America, who have absolutely repudiated Christianity, and who have concluded that the white man is an incorrigible ‘‘devil.’’

Letter from Birmingham Jail (complete): Reading 25 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

I have tried to stand between these two forces, saying that we need emu- late neither the ‘‘do-nothingism’’ of the complacement nor the hatred and despair of the black nationalist. For there is the more excellent way of love and nonviolent protest. I am grateful to God that, through the influence of the Negro church, the way of nonviolence became an integral part of our struggle.

If this philosophy had not emerged, by now many streets of the South would, I am convinced, be flowing with blood. And I am further convinced that if our white brothers dismiss as ‘‘rabble-rousers’’ and ‘‘outside agita- tors’’ those of us who employ nonviolent direct action, and if they refuse to support our nonviolent efforts, millions of Negroes will, out of frustration and despair, seek solace and security in black-nationalist ideologies — a de- velopment that would inevitably lead to a frightening racial nightmare.

Oppressed people cannot remain oppressed forever. The yearning for freedom eventually manifests itself, and that is what has happened to the American Negro. Something within has reminded him that it can be gained. Consciously or unconsciously, he has been caught up by the Zeitgeist, and with his black brothers of Africa and his brown and yellow brothers of Asia, South America and the Caribbean, the United States Negro is moving with a sense of great urgency toward the promised land of racial justice. If one recognizes this vital urge that has engulfed the Negro community, one should readily understand why public demonstrations are taking place. The Negro has many pent-up resentments and latent frustrations, and he must release them. So let him march; let him make prayer pilgrimages to the city hall; let him go on freedom rides — and try to understand why he must do so. If his repressed emotions are not released in nonviolent ways, they will seek expression through violence; this is not a threat but a fact of history. So I have not said to my people: ‘‘Get rid of your discontent.’’ Rather, I have tried to say that this normal and healthy discontent can be channeled into the creative outlet of nonviolent direct action. And now this approach is being termed extremist.

But though I was initially disappointed at being categorized as an ex- tremist, as I continued to think about the matter I gradually gained a mea- sure of satisfaction from the label. Was not Jesus an extremist for love: ‘‘Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you.’’ Was not Amos an extremist for justice: ‘‘Let justice roll down like waters and righteousness like an ever-flowing stream.’’ Was not Paul an extremist for the Christian gospel: ‘‘I bear in my body the marks of the Lord Jesus.’’ Was not Martin Luther an extremist: ‘‘Here I stand; I cannot do otherwise, so help me God.’’ And John Bunyan: ‘‘I will stay in jail to the end of my days before I make a butchery of my conscience.’’ And Abraham Lincoln: ‘‘This nation cannot survive half slave and half free.’’ And Thomas Jefferson: ‘‘We hold these truths to be self-evident, that all men are created equal. . . . ’’ So the ques- tion is not whether we will be extremists, but what kind of extremists we will

26 ANALYZING MORAL ISSUES - Vol. 1 Letter from Birmingham Jail (complete): Reading

03_bos5511X_int_p001-068.indd 17 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics18 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

be. Will we be extremists for hate or for love? Will we be extremists for the preservation of injustice or for the extension of justice? In that dramatic scene on Calvary’s hill three men were crucified. We must never forget that all three were crucified for the same crime — the crime of extremism. Two were extremists for immorality, and thus fell below their environment. The other, Jesus Christ, was an extremist for love, truth and goodness, and thereby rose above his environment. Perhaps the South, the nation and the world are in dire need of creative extremists.

I had hoped that the white moderate would see this need. Perhaps I was too optimistic; perhaps I expected too much. I suppose I should have real- ized that few members of the oppressor race can understand the deep groans and passionate yearnings of the oppressed race, and still fewer have the vision to see that injustice must be rooted out by strong, persistent and determined action. I am thankful, however, that some of our white brothers in the South have grasped the meaning of this social revolution and com- mitted themselves to it. They are still all too few in quantity, but they are big in quality. Some — such as Ralph McGill, Lillian Smith, Harry Golden, James McBride Dabbs, Ann Braden and Sarah Patton Boyle — have written about our struggle in eloquent and prophetic terms. Others have marched with us down nameless streets of the South. They have languished in filthy, roach- infested jails, suffering the abuse and brutality of policemen who view them as ‘‘dirty nigger-lovers.’’ Unlike so many of their moderate brothers and sisters, they have recognized the urgency of the moment and sensed the need for powerful ‘‘action’’ antidotes to combat the disease of segregation.

Let me take note of my other major disappointment. I have been so greatly disappointed with the white church and its leadership. Of course, there are some notable exceptions. I am not unmindful of the fact that each of you has taken some significant stands on this issue. I commend you, Reverend Stallings, for your Christian stand on this past Sunday, in welcom- ing Negroes to your worship service on a nonsegregated basis. I commend the Catholic leaders of this state for integrating Spring Hill College several years ago.

But despite these notable exceptions, I must honestly reiterate that I have been disappointed with the church. I do not say this as one of those negative critics who can always find something wrong with the church. I say this as a minister of the gospel, who loves the church; who was nurtured in its bosom; who has been sustained by its spiritual blessings and who will remain true to it as long as the cord of life shall lengthen.

When I was suddenly catapulted into the leadership of the bus protest in Montgomery, Alabama, a few years ago, I felt we would be supported by the white church. I felt that the white ministers, priests and rabbis of the South would be among our strongest allies. Instead, some have been outright op- ponents, refusing to understand the freedom movement and misrepresent- ing its leaders; all too many others have been more cautious than coura- geous and have remained silent behind the anesthetizing security of stained-glass windows.

Letter from Birmingham Jail (complete): Reading 27 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

In spite of my shattered dreams, I came to Birmingham with the hope that the white religious leadership of this community would see the justice of our cause and, with deep moral concern, would serve as the channel through which our just grievances could reach the power structure. I had hoped that each of you would understand. But again I have been disap- pointed.

I have heard numerous southern religious leaders admonish their wor- shipers to comply with a desegregation decision because it is the law, but I have longed to hear white ministers declare: ‘‘Follow this decree because integration is morally right and because the Negro is your brother.’’ In the midst of blatant injustices inflicted upon the Negro, I have watched white churchmen stand on the sideline and mouth pious irrelevancies and sancti- monious trivialities. In the midst of a mighty struggle to rid our nation of racial and economic injustice, I have heard many ministers say: ‘‘Those are social issues, with which the gospel has no real concern.’’ And I have watched many churches commit themselves to a completely other-worldly religion which makes a strange, un-Biblical distinction between body and soul, between the sacred and the secular.

I have traveled the length and breadth of Alabama, Mississippi and all the other southern states. On sweltering summer days and crisp autumn mornings I have looked at the South’s beautiful churches with their lofty spires pointing heavenward. I have beheld the impressive outlines of her massive religious-education buildings. Over and over I have found myself asking: ‘‘What kind of people worship here? Who is their God? Where were their voices when the lips of Governor Barnett dripped with words of inter- position and nullification? Where were they when Governor Wallace gave a clarion call for defiance and hatred? Where were their voices of support when bruised and weary Negro men and women decided to rise from the dark dungeons of complacency to the bright hills of creative protest?’’

Yes, these questions are still in my mind. In deep disappointment I have wept over the laxity of the church. But be assured that my tears have been tears of love. There can be no deep disappointment where there is not deep love. Yes, I love the church. How could I do otherwise? I am in the rather unique position of being the son, the grandson and the great-grandson of preachers. Yes, I see the church as the body of Christ. But, oh! How we have blemished and scarred that body through social neglect and through fear of being nonconformists.

There was a time when the church was very powerful — in the time when the early Christians rejoiced at being deemed worthy to suffer for what they believed. In those days the church was not merely a thermometer that recorded the ideas and principles of popular opinion; it was a thermostat that transformed the mores of society. Whenever the early Christians en- tered a town, the people in power became disturbed and immediately sought to convict the Christians for being ‘‘disturbers of the peace’’ and ‘‘outside agitators.’’ But the Christians pressed on, in the conviction that they were ‘‘a colony of heaven,’’ called to obey God rather than man. Small

28 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 18 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

19Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

be. Will we be extremists for hate or for love? Will we be extremists for the preservation of injustice or for the extension of justice? In that dramatic scene on Calvary’s hill three men were crucified. We must never forget that all three were crucified for the same crime — the crime of extremism. Two were extremists for immorality, and thus fell below their environment. The other, Jesus Christ, was an extremist for love, truth and goodness, and thereby rose above his environment. Perhaps the South, the nation and the world are in dire need of creative extremists.

I had hoped that the white moderate would see this need. Perhaps I was too optimistic; perhaps I expected too much. I suppose I should have real- ized that few members of the oppressor race can understand the deep groans and passionate yearnings of the oppressed race, and still fewer have the vision to see that injustice must be rooted out by strong, persistent and determined action. I am thankful, however, that some of our white brothers in the South have grasped the meaning of this social revolution and com- mitted themselves to it. They are still all too few in quantity, but they are big in quality. Some — such as Ralph McGill, Lillian Smith, Harry Golden, James McBride Dabbs, Ann Braden and Sarah Patton Boyle — have written about our struggle in eloquent and prophetic terms. Others have marched with us down nameless streets of the South. They have languished in filthy, roach- infested jails, suffering the abuse and brutality of policemen who view them as ‘‘dirty nigger-lovers.’’ Unlike so many of their moderate brothers and sisters, they have recognized the urgency of the moment and sensed the need for powerful ‘‘action’’ antidotes to combat the disease of segregation.

Let me take note of my other major disappointment. I have been so greatly disappointed with the white church and its leadership. Of course, there are some notable exceptions. I am not unmindful of the fact that each of you has taken some significant stands on this issue. I commend you, Reverend Stallings, for your Christian stand on this past Sunday, in welcom- ing Negroes to your worship service on a nonsegregated basis. I commend the Catholic leaders of this state for integrating Spring Hill College several years ago.

But despite these notable exceptions, I must honestly reiterate that I have been disappointed with the church. I do not say this as one of those negative critics who can always find something wrong with the church. I say this as a minister of the gospel, who loves the church; who was nurtured in its bosom; who has been sustained by its spiritual blessings and who will remain true to it as long as the cord of life shall lengthen.

When I was suddenly catapulted into the leadership of the bus protest in Montgomery, Alabama, a few years ago, I felt we would be supported by the white church. I felt that the white ministers, priests and rabbis of the South would be among our strongest allies. Instead, some have been outright op- ponents, refusing to understand the freedom movement and misrepresent- ing its leaders; all too many others have been more cautious than coura- geous and have remained silent behind the anesthetizing security of stained-glass windows.

Letter from Birmingham Jail (complete): Reading 27 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

In spite of my shattered dreams, I came to Birmingham with the hope that the white religious leadership of this community would see the justice of our cause and, with deep moral concern, would serve as the channel through which our just grievances could reach the power structure. I had hoped that each of you would understand. But again I have been disap- pointed.

I have heard numerous southern religious leaders admonish their wor- shipers to comply with a desegregation decision because it is the law, but I have longed to hear white ministers declare: ‘‘Follow this decree because integration is morally right and because the Negro is your brother.’’ In the midst of blatant injustices inflicted upon the Negro, I have watched white churchmen stand on the sideline and mouth pious irrelevancies and sancti- monious trivialities. In the midst of a mighty struggle to rid our nation of racial and economic injustice, I have heard many ministers say: ‘‘Those are social issues, with which the gospel has no real concern.’’ And I have watched many churches commit themselves to a completely other-worldly religion which makes a strange, un-Biblical distinction between body and soul, between the sacred and the secular.

I have traveled the length and breadth of Alabama, Mississippi and all the other southern states. On sweltering summer days and crisp autumn mornings I have looked at the South’s beautiful churches with their lofty spires pointing heavenward. I have beheld the impressive outlines of her massive religious-education buildings. Over and over I have found myself asking: ‘‘What kind of people worship here? Who is their God? Where were their voices when the lips of Governor Barnett dripped with words of inter- position and nullification? Where were they when Governor Wallace gave a clarion call for defiance and hatred? Where were their voices of support when bruised and weary Negro men and women decided to rise from the dark dungeons of complacency to the bright hills of creative protest?’’

Yes, these questions are still in my mind. In deep disappointment I have wept over the laxity of the church. But be assured that my tears have been tears of love. There can be no deep disappointment where there is not deep love. Yes, I love the church. How could I do otherwise? I am in the rather unique position of being the son, the grandson and the great-grandson of preachers. Yes, I see the church as the body of Christ. But, oh! How we have blemished and scarred that body through social neglect and through fear of being nonconformists.

There was a time when the church was very powerful — in the time when the early Christians rejoiced at being deemed worthy to suffer for what they believed. In those days the church was not merely a thermometer that recorded the ideas and principles of popular opinion; it was a thermostat that transformed the mores of society. Whenever the early Christians en- tered a town, the people in power became disturbed and immediately sought to convict the Christians for being ‘‘disturbers of the peace’’ and ‘‘outside agitators.’’ But the Christians pressed on, in the conviction that they were ‘‘a colony of heaven,’’ called to obey God rather than man. Small

28 ANALYZING MORAL ISSUES - Vol. 1 Letter from Birmingham Jail (complete): Reading

03_bos5511X_int_p001-068.indd 19 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics20 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

in number, they were big in commitment. They were too God-intoxicated to be ‘‘astronomically intimidated.’’ By their effort and example they brought an end to such ancient evils as infanticide and gladiatorial contests.

Things are different now. So often the contemporary church is a weak, ineffectual voice with an uncertain sound. So often it is an archdefender of the status quo. Far from being disturbed by the presence of the church, the power structure of the average community is consoled by the church’s silent — and often even vocal — sanction of things as they are.

But the judgment of God is upon the church as never before. If today’s church does not recapture the sacrificial spirit of the early church, it will lose its authenticity, forfeit the loyalty of millions, and be dismissed as an irrele- vant social club with no meaning for the twentieth century. Every day I meet young people whose disappointment with the church has turned into out- right disgust.

Perhaps I have once again been too optimistic. Is organized religion too inextricably bound to the status quo to save our nation and the world? Per- haps I must turn my faith to the inner spiritual church, the church within the church, as the true ekklesia and the hope of the world. But again I am thank- ful to God that some noble souls from the ranks of organized religion have broken loose from the paralyzing chains of conformity and joined us as active partners in the struggle for freedom. They have left their secure con- gregations and walked the streets of Albany, Georgia, with us. They have gone down the highways of the South on tortuous rides for freedom. Yes, they have gone to jail with us. Some have been dismissed from their churches, have lost the support of their bishops and fellow ministers. But they have acted in the faith that right defeated is stronger than evil trium- phant. Their witness has been the spiritual salt that has preserved the true meaning of the gospel in these troubled times. They have carved a tunnel of hope through the dark mountain of disappointment.

I hope the church as a whole will meet the challenge of this decisive hour. But even if the church does not come to the aid of justice, I have no despair about the future. I have no fear about the outcome of our struggle in Birmingham, even if our motives are at present misunderstood. We will reach the goal of freedom in Birmingham and all over the nation, because the goal of America is freedom. Abused and scorned though we may be, our destiny is tied up with America’s destiny. Before the pilgrims landed at Plym- outh, we were here. Before the pen of Jefferson etched the majestic words of the Declaration of Independence across the pages of history, we were here. For more than two centuries our forebears labored in this country without wages; they made cotton king; they built the homes of their masters while suffering gross injustice and shameful humiliation — and yet out of a bot- tomless vitality they continued to thrive and develop. If the inexpressible cruelties of slavery could not stop us, the opposition we now face will surely fail. We will win our freedom because the sacred heritage of our nation and the eternal will of God are embodied in our echoing demands.

Letter from Birmingham Jail (complete): Reading 29 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

Before closing I feel impelled to mention one other point in your state- ment that has troubled me profoundly. You warmly commended the Bir- mingham police force for keeping ‘‘order’’ and ‘‘preventing violence.’’ I doubt that you would have so warmly commended the police force if you had seen its dogs sinking their teeth into unarmed, nonviolent Negroes. I doubt that you would so quickly commend the policemen if you were to observe their ugly and inhumane treatment of Negroes here in the city jail; if you were to watch them push and curse old Negro women and young Negro girls; if you were to see them slap and kick old Negro men and young boys; if you were to observe them, as they did on two occasions, refuse to give us food because we wanted to sing our grace together. I cannot join you in your praise of the Birmingham police department.

It is true that the police have exercised a degree of discipline in handling the demonstrators. In this sense they have conducted themselves rather ‘‘nonviolently’’ in public. But for what purpose? To preserve the evil system of segregation. Over the past few years I have consistently preached that nonviolence demands that the means we use must be as pure as the ends we seek. I have tried to make clear that it is wrong to use immoral means to attain moral ends. But now I must affirm that it is just as wrong, or perhaps even more so, to use moral means to preserve immoral ends. Perhaps Mr. Connor and his policemen have been rather nonviolent in public, as was Chief Pritchett in Albany, Georgia, but they have used the moral means of nonviolence to maintain the immoral end of racial injustice. As T. S. Eliot has said: ‘The last temptation is the greatest treason: To do the right deed for the wrong reason.’’

I wish you had commended the Negro sit-inners and demonstrators of Birmingham for their sublime courage, their willingness to suffer and their amazing discipline in the midst of great provocation. One day the South will recognize its real heroes. They will be the James Merediths, with the noble sense of purpose that enables them to face jeering and hostile mobs, and with the agonizing loneliness that characterizes the life of the pioneer. They will be old, oppressed, battered Negro women, symbolized in a 72-year-old woman in Montgomery, Alabama, who rose up with a sense of dignity and with her people decided not to ride segregated buses, and who responded with ungrammatical profundity to one who inquired about her weariness: ‘‘My feet is tired, but my soul is at rest.’’ They will be the young high school and college students, the young ministers of the gospel and a host of their elders, courageously and nonviolently sitting in at lunch counters and will- ingly going to jail for conscience sake. One day the South will know that when these disinherited children of God sat down at lunch counters, they were in reality standing up for what is best in the American dream and for the most sacred values in our Judaeo-Christian heritage, thereby bringing our nation back to those great wells of democracy which were dug deep by the founding fathers in their formulation of the Constitution and the Decla- ration of Independence.

30 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 20 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

21Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

in number, they were big in commitment. They were too God-intoxicated to be ‘‘astronomically intimidated.’’ By their effort and example they brought an end to such ancient evils as infanticide and gladiatorial contests.

Things are different now. So often the contemporary church is a weak, ineffectual voice with an uncertain sound. So often it is an archdefender of the status quo. Far from being disturbed by the presence of the church, the power structure of the average community is consoled by the church’s silent — and often even vocal — sanction of things as they are.

But the judgment of God is upon the church as never before. If today’s church does not recapture the sacrificial spirit of the early church, it will lose its authenticity, forfeit the loyalty of millions, and be dismissed as an irrele- vant social club with no meaning for the twentieth century. Every day I meet young people whose disappointment with the church has turned into out- right disgust.

Perhaps I have once again been too optimistic. Is organized religion too inextricably bound to the status quo to save our nation and the world? Per- haps I must turn my faith to the inner spiritual church, the church within the church, as the true ekklesia and the hope of the world. But again I am thank- ful to God that some noble souls from the ranks of organized religion have broken loose from the paralyzing chains of conformity and joined us as active partners in the struggle for freedom. They have left their secure con- gregations and walked the streets of Albany, Georgia, with us. They have gone down the highways of the South on tortuous rides for freedom. Yes, they have gone to jail with us. Some have been dismissed from their churches, have lost the support of their bishops and fellow ministers. But they have acted in the faith that right defeated is stronger than evil trium- phant. Their witness has been the spiritual salt that has preserved the true meaning of the gospel in these troubled times. They have carved a tunnel of hope through the dark mountain of disappointment.

I hope the church as a whole will meet the challenge of this decisive hour. But even if the church does not come to the aid of justice, I have no despair about the future. I have no fear about the outcome of our struggle in Birmingham, even if our motives are at present misunderstood. We will reach the goal of freedom in Birmingham and all over the nation, because the goal of America is freedom. Abused and scorned though we may be, our destiny is tied up with America’s destiny. Before the pilgrims landed at Plym- outh, we were here. Before the pen of Jefferson etched the majestic words of the Declaration of Independence across the pages of history, we were here. For more than two centuries our forebears labored in this country without wages; they made cotton king; they built the homes of their masters while suffering gross injustice and shameful humiliation — and yet out of a bot- tomless vitality they continued to thrive and develop. If the inexpressible cruelties of slavery could not stop us, the opposition we now face will surely fail. We will win our freedom because the sacred heritage of our nation and the eternal will of God are embodied in our echoing demands.

Letter from Birmingham Jail (complete): Reading 29 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

Before closing I feel impelled to mention one other point in your state- ment that has troubled me profoundly. You warmly commended the Bir- mingham police force for keeping ‘‘order’’ and ‘‘preventing violence.’’ I doubt that you would have so warmly commended the police force if you had seen its dogs sinking their teeth into unarmed, nonviolent Negroes. I doubt that you would so quickly commend the policemen if you were to observe their ugly and inhumane treatment of Negroes here in the city jail; if you were to watch them push and curse old Negro women and young Negro girls; if you were to see them slap and kick old Negro men and young boys; if you were to observe them, as they did on two occasions, refuse to give us food because we wanted to sing our grace together. I cannot join you in your praise of the Birmingham police department.

It is true that the police have exercised a degree of discipline in handling the demonstrators. In this sense they have conducted themselves rather ‘‘nonviolently’’ in public. But for what purpose? To preserve the evil system of segregation. Over the past few years I have consistently preached that nonviolence demands that the means we use must be as pure as the ends we seek. I have tried to make clear that it is wrong to use immoral means to attain moral ends. But now I must affirm that it is just as wrong, or perhaps even more so, to use moral means to preserve immoral ends. Perhaps Mr. Connor and his policemen have been rather nonviolent in public, as was Chief Pritchett in Albany, Georgia, but they have used the moral means of nonviolence to maintain the immoral end of racial injustice. As T. S. Eliot has said: ‘The last temptation is the greatest treason: To do the right deed for the wrong reason.’’

I wish you had commended the Negro sit-inners and demonstrators of Birmingham for their sublime courage, their willingness to suffer and their amazing discipline in the midst of great provocation. One day the South will recognize its real heroes. They will be the James Merediths, with the noble sense of purpose that enables them to face jeering and hostile mobs, and with the agonizing loneliness that characterizes the life of the pioneer. They will be old, oppressed, battered Negro women, symbolized in a 72-year-old woman in Montgomery, Alabama, who rose up with a sense of dignity and with her people decided not to ride segregated buses, and who responded with ungrammatical profundity to one who inquired about her weariness: ‘‘My feet is tired, but my soul is at rest.’’ They will be the young high school and college students, the young ministers of the gospel and a host of their elders, courageously and nonviolently sitting in at lunch counters and will- ingly going to jail for conscience sake. One day the South will know that when these disinherited children of God sat down at lunch counters, they were in reality standing up for what is best in the American dream and for the most sacred values in our Judaeo-Christian heritage, thereby bringing our nation back to those great wells of democracy which were dug deep by the founding fathers in their formulation of the Constitution and the Decla- ration of Independence.

30 ANALYZING MORAL ISSUES - Vol. 1 Letter from Birmingham Jail (complete): Reading

03_bos5511X_int_p001-068.indd 21 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics22 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

Never before have I written so long a letter. I’m afraid it is much too long to take your precious time. I can assure you that it would have been much shorter if I had been writing from a comfortable desk, but what else can one do when he is alone in a narrow jail cell, other than write long letters, think long thoughts and pray long prayers?

If I have said anything in this letter that overstates the truth and indicates an unreasonable impatience, I beg you to forgive me. If I have said anything that understates the truth and indicates my having a patience that allows me to settle for anything less than brotherhood, I beg God to forgive me.

I hope this letter finds you strong in the faith. I also hope that circum- stances will soon make it possible for me to meet each of you, not as an integrationist or a civil-rights leader but as a fellow clergyman and a Chris- tian brother. Let us all hope that the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear-drenched communities, and in some not too distant tomorrow the radi- ant stars of love and brotherhood will shine over our great nation with all their scintillating beauty.

Yours for the cause of Peace and Brotherhood Martin Luther King, Jr.

Letter from Birmingham Jail (complete): Reading 31 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

Letter from Birmingham Jail Martin Luther King, Jr.

Reading Questions

According to King:

1. What happened when black leaders sought to negotiate with the city officials of Birmingham? What happened after promises were made to black leaders by the leaders of Birmingham’s economic community?

2. What is a person’s moral responsibility when confronted with an unjust law? What determines whether a law is just or unjust?

3. Why are white moderates a serious obstacle to the civil rights movement?

4. What will happen if today’s church does not regain the sacrificial spirit of the early church?

5. Who are the real heroes of the civil rights movement?

Discussion Questions

In your own view:

1. Is it morally permissible to disobey an unjust law? Is it morally obligatory?

2. What is the proper criterion for determining whether a law is unjust?

3. Are those who commit civil disobedience morally obligated to accept the legal penalties?

4. Is nonviolence a more effective strategy than violence for changing unjust social conditions?

5. In what circumstances, if any, is it morally permissible to use violence to protest unjust social conditions?

32 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 22 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

23Abel: Discourses Political and Social Philosophy

Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

Never before have I written so long a letter. I’m afraid it is much too long to take your precious time. I can assure you that it would have been much shorter if I had been writing from a comfortable desk, but what else can one do when he is alone in a narrow jail cell, other than write long letters, think long thoughts and pray long prayers?

If I have said anything in this letter that overstates the truth and indicates an unreasonable impatience, I beg you to forgive me. If I have said anything that understates the truth and indicates my having a patience that allows me to settle for anything less than brotherhood, I beg God to forgive me.

I hope this letter finds you strong in the faith. I also hope that circum- stances will soon make it possible for me to meet each of you, not as an integrationist or a civil-rights leader but as a fellow clergyman and a Chris- tian brother. Let us all hope that the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear-drenched communities, and in some not too distant tomorrow the radi- ant stars of love and brotherhood will shine over our great nation with all their scintillating beauty.

Yours for the cause of Peace and Brotherhood Martin Luther King, Jr.

Letter from Birmingham Jail (complete): Reading 31 Abel: Discourses Political and Social Philosophy Martin Luther King, Jr., ‘‘Letter from Birmingham Jail’’ (complete)

© The McGraw−Hill Companies, 2006

Letter from Birmingham Jail Martin Luther King, Jr.

Reading Questions

According to King:

1. What happened when black leaders sought to negotiate with the city officials of Birmingham? What happened after promises were made to black leaders by the leaders of Birmingham’s economic community?

2. What is a person’s moral responsibility when confronted with an unjust law? What determines whether a law is just or unjust?

3. Why are white moderates a serious obstacle to the civil rights movement?

4. What will happen if today’s church does not regain the sacrificial spirit of the early church?

5. Who are the real heroes of the civil rights movement?

Discussion Questions

In your own view:

1. Is it morally permissible to disobey an unjust law? Is it morally obligatory?

2. What is the proper criterion for determining whether a law is unjust?

3. Are those who commit civil disobedience morally obligated to accept the legal penalties?

4. Is nonviolence a more effective strategy than violence for changing unjust social conditions?

5. In what circumstances, if any, is it morally permissible to use violence to protest unjust social conditions?

32 ANALYZING MORAL ISSUES - Vol. 1 Letter from Birmingham Jail (complete): Reading

03_bos5511X_int_p001-068.indd 23 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics24 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

The Rebel

Albert Camus

Albert Camus was born in 1913 in Mondavi, Algeria. When he was less than a year old, his father was killed in a battle in World War I. His mother then moved the family to Algiers, where Albert attended primary and secondary school. He later enrolled in the University of Algiers, where his academic interests were literature, theater, and philoso- phy and he supported himself by doing odd jobs. His social concern led him to join briefly the Algerian Communist Party (1934 – 1935). Additionally, he founded an ama- teur theater and began writing and producing plays. Camus graduated from the Uni- versity of Algiers in 1936 with a degree in philosophy. He then pursued a career as a journalist, working first in Algiers and then, for a brief time, in Paris. In 1940 he re- turned to Algiers and taught in a private school. Two years later he went back to Paris, writing for the leftist newspaper Combat and serving as its editor from 1944 to 1947. While holding these various jobs, Camus also wrote and published essays, novels, and plays. From 1947 on, he devoted himself full-time to writing — and was awarded the Nobel Prize for literature in 1957. Camus died in an automobile accident near Sens, France, in 1960.

Camus’s major works are Caligula (play; written 1938, published 1945), The Stranger (novel, 1942), The Myth of Sisyphus (essay, 1942), The Plague (novel, 1947), The Rebel (essay, 1951), The Fall (novel, 1956), and The Possessed (play, 1959).

Our reading is Part One of Camus’s essay The Rebel. In this section, which has the same title as the essay as a whole, Camus presents his initial overview of the nature of rebellion. (The remaining sections of the essay explore the notion of rebellion in greater detail.) He explains that a rebel is someone who rejects an infringement of his or her rights and who simultaneously affirms certain values — values that are common to all human beings. The rebel adopts an ‘‘all or nothing’’ attitude, wanting either to be identified with those values or to be destroyed by the forces opposing them. After contrasting his concept of rebellion with the German philosopher Max Scheler’s no- tion of resentment, Camus explains that genuine rebellion is possible only in societies where persons are aware of their freedom to accept or reject religion and its absolute values. The rebel must reject religion, but how can the rebel ground the values that underlie his or her rebellion without it? Camus argues that the basis of these values lies in the human solidarity implied in the very act of rebellion.

Part One: The Rebel

What is a rebel? A man who says no, but whose refusal does not imply a renunciation. He is also a man who says yes, from the moment he makes his first gesture of rebellion. A slave who has taken orders all his life suddenly decides that he cannot obey some new command. What does he mean by saying ‘‘no’’?

He means, for example, that ‘‘this has been going on too long,’’ ‘‘up to this point yes, beyond it no,’’ ‘‘you are going too far,’’ or, again, ‘‘there is a limit beyond which you shall not go.’’ In other words, his no affirms the

From The Rebel by Albert Camus, Translated by Anthony Bower. Copyright © 1956 by Alfred A. Knopf, Inc. Reprinted by permission of Alfred A. Knopf, Inc.

8 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

existence of a borderline. The same concept is to be found in the rebel’s feeling that the other person ‘‘is exaggerating,’’ that he is exerting his au- thority beyond a limit where he begins to infringe on the rights of others. Thus the movement of rebellion is founded simultaneously on the categori- cal rejection of an intrusion that is considered intolerable and on the con- fused conviction of an absolute right which, in the rebel’s mind, is more precisely the impression that he ‘‘has the right to . . .’’ Rebellion cannot exist without the feeling that, somewhere and somehow, one is right. It is in this way that the rebel slave says yes and no simultaneously. He affirms that there are limits and also that he suspects — and wishes to preserve — the existence of certain things on this side of the borderline. He demonstrates, with obstinacy, that there is something in him which ‘‘is worthwhile . . .’’ and which must be taken into consideration. In a certain way, he confronts an order of things which oppresses him with the insistence on a kind of right not to be oppressed beyond the limit that he can tolerate.

In every act of rebellion, the rebel simultaneously experiences a feeling of revulsion at the infringement of his rights and a complete and spontane- ous loyalty to certain aspects of himself. Thus he implicitly brings into play a standard of values so far from being gratuitous that he is prepared to support it no matter what the risks. Up to this point he has at least remained silent and has abandoned himself to the form of despair in which a condition is accepted even though it is considered unjust. To remain silent is to give the impression that one has no opinions, that one wants nothing, and in certain cases it really amounts to wanting nothing. Despair, like the absurd, has opinions and desires about everything in general and nothing in particular. Silence expresses this attitude very well. But from the moment that the rebel finds his voice — even though he says nothing but ‘‘no’’ — he begins to de- sire and to judge. The rebel, in the etymological sense,1 does a complete turnabout. He acted under the lash of his master’s whip. Suddenly he turns and faces him. He opposes what is preferable to what is not. Not every value entails rebellion, but every act of rebellion tacitly invokes a value. Or is it really a question of values?

Awareness, no matter how confused it may be, develops from every act of rebellion: the sudden, dazzling perception that there is something in man with which he can identify himself, even if only for a moment. Up to now this identification was never really experienced. Before he rebelled, the slave accepted all the demands made upon him. Very often he even took orders, without reacting against them, which were far more conducive to insurrec- tion than the one at which he balks. He accepted them patiently, though he may have protested inwardly, but in that he remained silent he was more concerned with his own immediate interests than as yet aware of his own rights. But with loss of patience — with impatience — a reaction begins which can extend to everything that he previously accepted, and which is almost always retroactive. The very moment the slave refuses to obey the humiliat- ing orders of his master, he simultaneously rejects the condition of slavery.

The Rebel(selection): Reading 9

03_bos5511X_int_p001-068.indd 24 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

25The Rebel (selection): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

The Rebel

Albert Camus

Albert Camus was born in 1913 in Mondavi, Algeria. When he was less than a year old, his father was killed in a battle in World War I. His mother then moved the family to Algiers, where Albert attended primary and secondary school. He later enrolled in the University of Algiers, where his academic interests were literature, theater, and philoso- phy and he supported himself by doing odd jobs. His social concern led him to join briefly the Algerian Communist Party (1934 – 1935). Additionally, he founded an ama- teur theater and began writing and producing plays. Camus graduated from the Uni- versity of Algiers in 1936 with a degree in philosophy. He then pursued a career as a journalist, working first in Algiers and then, for a brief time, in Paris. In 1940 he re- turned to Algiers and taught in a private school. Two years later he went back to Paris, writing for the leftist newspaper Combat and serving as its editor from 1944 to 1947. While holding these various jobs, Camus also wrote and published essays, novels, and plays. From 1947 on, he devoted himself full-time to writing — and was awarded the Nobel Prize for literature in 1957. Camus died in an automobile accident near Sens, France, in 1960.

Camus’s major works are Caligula (play; written 1938, published 1945), The Stranger (novel, 1942), The Myth of Sisyphus (essay, 1942), The Plague (novel, 1947), The Rebel (essay, 1951), The Fall (novel, 1956), and The Possessed (play, 1959).

Our reading is Part One of Camus’s essay The Rebel. In this section, which has the same title as the essay as a whole, Camus presents his initial overview of the nature of rebellion. (The remaining sections of the essay explore the notion of rebellion in greater detail.) He explains that a rebel is someone who rejects an infringement of his or her rights and who simultaneously affirms certain values — values that are common to all human beings. The rebel adopts an ‘‘all or nothing’’ attitude, wanting either to be identified with those values or to be destroyed by the forces opposing them. After contrasting his concept of rebellion with the German philosopher Max Scheler’s no- tion of resentment, Camus explains that genuine rebellion is possible only in societies where persons are aware of their freedom to accept or reject religion and its absolute values. The rebel must reject religion, but how can the rebel ground the values that underlie his or her rebellion without it? Camus argues that the basis of these values lies in the human solidarity implied in the very act of rebellion.

Part One: The Rebel

What is a rebel? A man who says no, but whose refusal does not imply a renunciation. He is also a man who says yes, from the moment he makes his first gesture of rebellion. A slave who has taken orders all his life suddenly decides that he cannot obey some new command. What does he mean by saying ‘‘no’’?

He means, for example, that ‘‘this has been going on too long,’’ ‘‘up to this point yes, beyond it no,’’ ‘‘you are going too far,’’ or, again, ‘‘there is a limit beyond which you shall not go.’’ In other words, his no affirms the

From The Rebel by Albert Camus, Translated by Anthony Bower. Copyright © 1956 by Alfred A. Knopf, Inc. Reprinted by permission of Alfred A. Knopf, Inc.

8 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

existence of a borderline. The same concept is to be found in the rebel’s feeling that the other person ‘‘is exaggerating,’’ that he is exerting his au- thority beyond a limit where he begins to infringe on the rights of others. Thus the movement of rebellion is founded simultaneously on the categori- cal rejection of an intrusion that is considered intolerable and on the con- fused conviction of an absolute right which, in the rebel’s mind, is more precisely the impression that he ‘‘has the right to . . .’’ Rebellion cannot exist without the feeling that, somewhere and somehow, one is right. It is in this way that the rebel slave says yes and no simultaneously. He affirms that there are limits and also that he suspects — and wishes to preserve — the existence of certain things on this side of the borderline. He demonstrates, with obstinacy, that there is something in him which ‘‘is worthwhile . . .’’ and which must be taken into consideration. In a certain way, he confronts an order of things which oppresses him with the insistence on a kind of right not to be oppressed beyond the limit that he can tolerate.

In every act of rebellion, the rebel simultaneously experiences a feeling of revulsion at the infringement of his rights and a complete and spontane- ous loyalty to certain aspects of himself. Thus he implicitly brings into play a standard of values so far from being gratuitous that he is prepared to support it no matter what the risks. Up to this point he has at least remained silent and has abandoned himself to the form of despair in which a condition is accepted even though it is considered unjust. To remain silent is to give the impression that one has no opinions, that one wants nothing, and in certain cases it really amounts to wanting nothing. Despair, like the absurd, has opinions and desires about everything in general and nothing in particular. Silence expresses this attitude very well. But from the moment that the rebel finds his voice — even though he says nothing but ‘‘no’’ — he begins to de- sire and to judge. The rebel, in the etymological sense,1 does a complete turnabout. He acted under the lash of his master’s whip. Suddenly he turns and faces him. He opposes what is preferable to what is not. Not every value entails rebellion, but every act of rebellion tacitly invokes a value. Or is it really a question of values?

Awareness, no matter how confused it may be, develops from every act of rebellion: the sudden, dazzling perception that there is something in man with which he can identify himself, even if only for a moment. Up to now this identification was never really experienced. Before he rebelled, the slave accepted all the demands made upon him. Very often he even took orders, without reacting against them, which were far more conducive to insurrec- tion than the one at which he balks. He accepted them patiently, though he may have protested inwardly, but in that he remained silent he was more concerned with his own immediate interests than as yet aware of his own rights. But with loss of patience — with impatience — a reaction begins which can extend to everything that he previously accepted, and which is almost always retroactive. The very moment the slave refuses to obey the humiliat- ing orders of his master, he simultaneously rejects the condition of slavery.

The Rebel(selection): Reading 9

03_bos5511X_int_p001-068.indd 25 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics26 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

The act of rebellion carries him far beyond the point he had reached by simply refusing. He exceeds the bounds that he fixed for his antagonist, and now demands to be treated as an equal. What was at first the man’s obstinate resistance now becomes the whole man, who is identified with and summed up in this resistance. The part of himself that he wanted to be respected he proceeds to place above everything else and proclaim it preferable to every- thing, even to life itself. It becomes for him the supreme good. Having up to now been willing to compromise, the slave suddenly adopts (‘‘because this is how it must be . . .’’) an attitude of All or Nothing. With rebellion, aware- ness is born.

But we can see that the knowledge gained is, at the same time, of an ‘‘all’’ that is still rather obscure and of a ‘‘nothing’’ that proclaims the possi- bility of sacrificing the rebel to this ‘‘All.’’ The rebel himself wants to be ‘‘all’’ — to identify himself completely with this good of which he has sud- denly become aware and by which he wants to be personally recognized and acknowledged— or ‘‘nothing’’; in other words, to be completely destroyed by the force that dominates him. As a last resort, he is willing to accept the final defeat, which is death, rather than be deprived of the personal sacra- ment that he would call, for example, freedom. Better to die on one’s feet than to live on one’s knees.

Values, according to good authorities, ‘‘most often represent a transi- tion from facts to rights, from what is desired to what is desirable (usually through the intermediary of what is generally considered desirable.)’’2 The transition from facts to rights is manifest, as we have seen, in rebellion. So is the transition from ‘‘this must be’’ to ‘‘this is how I should like things to be,’’ and even more so, perhaps, the idea of the sublimation of the individual in a henceforth universal good. The sudden appearance of the concept of ‘‘All or Nothing’’ demonstrates that rebellion, contrary to current opinion, and though it springs from everything that is most strictly individualistic in man, questions the very idea of the individual. If the individual, in fact, accepts death and happens to die as a consequence of his act of rebellion, he dem- onstrates by doing so that he is willing to sacrifice himself for the sake of a common good which he considers more important than his own destiny. If he prefers the risk of death to the negation of the rights that he defends, it is because he considers these rights more important than himself. Therefore he is acting in the name of certain values which are still indeterminate but which he feels are common to himself and to all men. We see that the affirmation implicit in every act of rebellion is extended to something that transcends the individual in so far as it withdraws him from his supposed solitude and provides him with a reason to act. But it is already worth noting that this concept of values as pre-existent to any kind of action contradicts the purely historical philosophies, in which values are acquired (if they are ever acquired) after the action has been completed. Analysis of rebellion leads at least to the suspicion that, contrary to the postulates of contempo- rary thought, a human nature does exist, as the Greeks believed. Why rebel if

10 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

there is nothing permanent in oneself worth preserving? It is for the sake of everyone in the world that the slave asserts himself when he comes to the conclusion that a command has infringed on something in him which does not belong to him alone, but which is common ground where all men — even the man who insults and oppresses him — have a natural community.

Two observations will support this argument. First, we can see that an act of rebellion is not, essentially, an egoistic act. Of course, it can have egoistic motives. But one can rebel equally well against lies as against oppression. Moreover, the rebel — once he has accepted the motives and at the moment of his greatest impetus — preserves nothing in that he risks everything. He demands respect for himself, of course, but only in so far as he identifies himself with a natural community.

Then we note that rebellion does not arise only, and necessarily, among the oppressed, but that it can also be caused by the mere spectacle of op- pression of which someone else is the victim. In such cases there is a feeling of identification with another individual. And it must be pointed out that this is not a question of psychological identification — a mere subterfuge by which the individual imagines that it is he himself who has been offended. On the contrary, it can often happen that we cannot bear to see offenses done to others which we ourselves have accepted without rebelling. The suicides of the Russian terrorists in Siberia as a protest against their comrades’ being whipped is a case in point. Nor is it a question of the feeling of a community of interests. Injustices done to men whom we consider ene- mies can, actually, be profoundly repugnant to us. There is only identifica- tion of one’s destiny with that of others and a choice of sides. Therefore the individual is not, in himself alone, the embodiment of the values he wishes to defend. It needs all humanity, at least, to comprise them. When he rebels, a man identifies himself with other men and so surpasses himself, and from this point of view human solidarity is metaphysical. But for the moment we are only talking of the kind of solidarity that is born in chains.

It would be possible for us to define the positive aspect of the values implicit in every act of rebellion by comparing them with a completely nega- tive concept like that of resentment as defined by Scheler.3 Rebellion is, in fact, much more than pursuit of a claim, in the strongest sense of the word. Resentment is very well defined by Scheler as an autointoxication — the evil secretion, in a sealed vessel, of prolonged impotence. Rebellion, on the contrary, breaks the seal and allows the whole being to come into play. It liberates stagnant waters and turns them into a raging torrent. Scheler him- self emphasizes the passive aspect of resentment and remarks on the promi- nent place it occupies in the psychology of women who are dedicated to desire and possession. The fountainhead of rebellion, on the contrary, is the principle of superabundant activity and energy. Scheler is also right in saying that resentment is always highly colored by envy. But one envies what one does not have, while the rebel’s aim is to defend what he is. He does not

The Rebel(selection): Reading 11

03_bos5511X_int_p001-068.indd 26 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

27The Rebel (selection): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

The act of rebellion carries him far beyond the point he had reached by simply refusing. He exceeds the bounds that he fixed for his antagonist, and now demands to be treated as an equal. What was at first the man’s obstinate resistance now becomes the whole man, who is identified with and summed up in this resistance. The part of himself that he wanted to be respected he proceeds to place above everything else and proclaim it preferable to every- thing, even to life itself. It becomes for him the supreme good. Having up to now been willing to compromise, the slave suddenly adopts (‘‘because this is how it must be . . .’’) an attitude of All or Nothing. With rebellion, aware- ness is born.

But we can see that the knowledge gained is, at the same time, of an ‘‘all’’ that is still rather obscure and of a ‘‘nothing’’ that proclaims the possi- bility of sacrificing the rebel to this ‘‘All.’’ The rebel himself wants to be ‘‘all’’ — to identify himself completely with this good of which he has sud- denly become aware and by which he wants to be personally recognized and acknowledged— or ‘‘nothing’’; in other words, to be completely destroyed by the force that dominates him. As a last resort, he is willing to accept the final defeat, which is death, rather than be deprived of the personal sacra- ment that he would call, for example, freedom. Better to die on one’s feet than to live on one’s knees.

Values, according to good authorities, ‘‘most often represent a transi- tion from facts to rights, from what is desired to what is desirable (usually through the intermediary of what is generally considered desirable.)’’2 The transition from facts to rights is manifest, as we have seen, in rebellion. So is the transition from ‘‘this must be’’ to ‘‘this is how I should like things to be,’’ and even more so, perhaps, the idea of the sublimation of the individual in a henceforth universal good. The sudden appearance of the concept of ‘‘All or Nothing’’ demonstrates that rebellion, contrary to current opinion, and though it springs from everything that is most strictly individualistic in man, questions the very idea of the individual. If the individual, in fact, accepts death and happens to die as a consequence of his act of rebellion, he dem- onstrates by doing so that he is willing to sacrifice himself for the sake of a common good which he considers more important than his own destiny. If he prefers the risk of death to the negation of the rights that he defends, it is because he considers these rights more important than himself. Therefore he is acting in the name of certain values which are still indeterminate but which he feels are common to himself and to all men. We see that the affirmation implicit in every act of rebellion is extended to something that transcends the individual in so far as it withdraws him from his supposed solitude and provides him with a reason to act. But it is already worth noting that this concept of values as pre-existent to any kind of action contradicts the purely historical philosophies, in which values are acquired (if they are ever acquired) after the action has been completed. Analysis of rebellion leads at least to the suspicion that, contrary to the postulates of contempo- rary thought, a human nature does exist, as the Greeks believed. Why rebel if

10 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

there is nothing permanent in oneself worth preserving? It is for the sake of everyone in the world that the slave asserts himself when he comes to the conclusion that a command has infringed on something in him which does not belong to him alone, but which is common ground where all men — even the man who insults and oppresses him — have a natural community.

Two observations will support this argument. First, we can see that an act of rebellion is not, essentially, an egoistic act. Of course, it can have egoistic motives. But one can rebel equally well against lies as against oppression. Moreover, the rebel — once he has accepted the motives and at the moment of his greatest impetus — preserves nothing in that he risks everything. He demands respect for himself, of course, but only in so far as he identifies himself with a natural community.

Then we note that rebellion does not arise only, and necessarily, among the oppressed, but that it can also be caused by the mere spectacle of op- pression of which someone else is the victim. In such cases there is a feeling of identification with another individual. And it must be pointed out that this is not a question of psychological identification — a mere subterfuge by which the individual imagines that it is he himself who has been offended. On the contrary, it can often happen that we cannot bear to see offenses done to others which we ourselves have accepted without rebelling. The suicides of the Russian terrorists in Siberia as a protest against their comrades’ being whipped is a case in point. Nor is it a question of the feeling of a community of interests. Injustices done to men whom we consider ene- mies can, actually, be profoundly repugnant to us. There is only identifica- tion of one’s destiny with that of others and a choice of sides. Therefore the individual is not, in himself alone, the embodiment of the values he wishes to defend. It needs all humanity, at least, to comprise them. When he rebels, a man identifies himself with other men and so surpasses himself, and from this point of view human solidarity is metaphysical. But for the moment we are only talking of the kind of solidarity that is born in chains.

It would be possible for us to define the positive aspect of the values implicit in every act of rebellion by comparing them with a completely nega- tive concept like that of resentment as defined by Scheler.3 Rebellion is, in fact, much more than pursuit of a claim, in the strongest sense of the word. Resentment is very well defined by Scheler as an autointoxication — the evil secretion, in a sealed vessel, of prolonged impotence. Rebellion, on the contrary, breaks the seal and allows the whole being to come into play. It liberates stagnant waters and turns them into a raging torrent. Scheler him- self emphasizes the passive aspect of resentment and remarks on the promi- nent place it occupies in the psychology of women who are dedicated to desire and possession. The fountainhead of rebellion, on the contrary, is the principle of superabundant activity and energy. Scheler is also right in saying that resentment is always highly colored by envy. But one envies what one does not have, while the rebel’s aim is to defend what he is. He does not

The Rebel(selection): Reading 11

03_bos5511X_int_p001-068.indd 27 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics28 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

merely claim some good that he does not possess or of which he was de- prived. His aim is to claim recognition for something which he has and which has already been recognized by him, in almost every case, as more important than anything of which he could be envious. Rebellion is not realistic. According to Scheler, resentment always turns into either unscru- pulous ambition or bitterness, depending on whether it is implanted in a strong person or a weak one. But in both cases it is a question of wanting to be something other than what one is. Resentment is always resentment against oneself. The rebel, on the contrary, from his very first step, refuses to allow anyone to touch what he is. He is fighting for the integrity of one part of his being. He does not try, primarily, to conquer, but simply to impose.

Finally, it would seem that resentment takes delight, in advance, in the pain that it would like the object of its envy to feel. Nietzsche4 and Scheler are right in seeing an excellent example of this in the passage where Tertul- lian5 informs his readers that one of the greatest sources of happiness among the blessed will be the spectacle of the Roman emperors consumed in the fires of hell. This kind of happiness is also experienced by the decent people who go to watch executions. The rebel, on the contrary, limits himself, as a matter of principle, to refusing to be humiliated without asking that others should be. He will even accept pain provided his integrity is respected.

It is therefore hard to understand why Scheler completely identifies the spirit of rebellion with resentment. His criticism of the resentment to be found in humanitarianism (which he treats as the non-Christian form of love for mankind) could perhaps be applied to certain indeterminate forms of humanitarian idealism, or to the techniques of terror. But it rings false in relation to man’s rebellion against his condition — the movement that en- lists the individual in the defense of a dignity common to all men. Scheler wants to demonstrate that humanitarian feelings are always accompanied by a hatred of the world. Humanity is loved in general in order to avoid having to love anybody in particular. This is correct, in some cases, and it is easier to understand Scheler when we realize that for him humanitarianism is repre- sented by Bentham6 and Rousseau.7 But man’s love for man can be born of other things than a mathematical calculation of the resultant rewards or a theoretical confidence in human nature. In face of the utilitarians, and of Emile’s preceptor, there is, for example, the kind of logic, embodied by Dostoievsky in Ivan Karamazov,8 which progresses from an act of rebellion to metaphysical insurrection. Scheler is aware of this and sums up the concept in the following manner: ‘‘There is not enough love in the world to squander it on anything but human beings.’’ Even if this proposition were true, the appalling despair that it implies would merit anything but con- tempt. In fact, it misunderstands the tortured character of Karamazov’s re- bellion. Ivan’s drama, on the contrary, arises from the fact that there is too much love without an object. This love finding no outlet and God being denied, it is then decided to lavish it on human beings as a generous act of complicity.

12 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

Nevertheless, in the act of rebellion as we have envisaged it up to now, an abstract ideal is not chosen through lack of feeling and in pursuit of a sterile demand. We insist that the part of man which cannot be reduced to mere ideas should be taken into consideration — the passionate side of his nature that serves no other purpose than to be part of the act of living. Does this imply that no rebellion is motivated by resentment? No, and we know it only too well in this age of malice. But we must consider the idea of rebellion in its widest sense on pain of betraying it; and in its widest sense rebellion goes far beyond resentment. When Heathcliff, in Wuthering Heights,9 says that he puts his love above God and would willingly go to hell in order to be reunited with the woman he loves, he is prompted not only by youth and humiliation but by the consuming experience of a whole lifetime. The same emotion causes Eckart,10 in a surprising fit of heresy, to say that he prefers hell with Jesus to heaven without Him. This is the very essence of love. Contrary to Scheler, it would therefore be impossible to overemphasize the passionate affirmation that underlies the act of rebellion and distinguishes it from resentment. Rebellion, though apparently negative, since it creates nothing, is pro- foundly positive in that it reveals the part of man which must always be defended.

But, to sum up, are not rebellion and the values that it implies relative? Reasons for rebellion do seem to change, in fact, with periods and civiliza- tions. It is obvious that a Hindu pariah, an Inca warrior, a primitive native of central Africa, and a member of one of the first Christian communities had not at all the same ideas about rebellion. We could even assert, with consid- erable assurance, that the idea of rebellion has no meaning in these particu- lar cases. However, a Greek slave, a serf, a condottiere of the Renaissance, a Parisian bourgeois during the Regency, a Russian intellectual at the begin- ning of the twentieth century, and a contemporary worker would undoubt- edly agree thatrebellion is legitimate, even if they differed about the reasons for it. In other words, the problem of rebellion seems to assume a precise meaning only within the confines of Western thought. It is possible to be even more explicit by remarking, like Scheler, that the spirit of rebellion finds few means of expression in societies where inequalities are very great (the Hindu caste system) or, again, in those where there is absolute equality (certain primitive societies). The spirit of rebellion can exist only in a society where a theoretical equality conceals great factual inequalities. The problem of rebellion, therefore, has no meaning except within our own Western society. One might be tempted to affirm that it is relative to the development of individualism if the preceding remarks had not put us on our guard against this conclusion.

On the basis of the evidence, the only conclusion that can be drawn from Scheler’s remark is that, thanks to the theory of political freedom, there is, in the very heart of our society, an increasing awareness in man of the idea of man and, thanks to the application of this theory of freedom, a

The Rebel(selection): Reading 13

03_bos5511X_int_p001-068.indd 28 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

29The Rebel (selection): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

merely claim some good that he does not possess or of which he was de- prived. His aim is to claim recognition for something which he has and which has already been recognized by him, in almost every case, as more important than anything of which he could be envious. Rebellion is not realistic. According to Scheler, resentment always turns into either unscru- pulous ambition or bitterness, depending on whether it is implanted in a strong person or a weak one. But in both cases it is a question of wanting to be something other than what one is. Resentment is always resentment against oneself. The rebel, on the contrary, from his very first step, refuses to allow anyone to touch what he is. He is fighting for the integrity of one part of his being. He does not try, primarily, to conquer, but simply to impose.

Finally, it would seem that resentment takes delight, in advance, in the pain that it would like the object of its envy to feel. Nietzsche4 and Scheler are right in seeing an excellent example of this in the passage where Tertul- lian5 informs his readers that one of the greatest sources of happiness among the blessed will be the spectacle of the Roman emperors consumed in the fires of hell. This kind of happiness is also experienced by the decent people who go to watch executions. The rebel, on the contrary, limits himself, as a matter of principle, to refusing to be humiliated without asking that others should be. He will even accept pain provided his integrity is respected.

It is therefore hard to understand why Scheler completely identifies the spirit of rebellion with resentment. His criticism of the resentment to be found in humanitarianism (which he treats as the non-Christian form of love for mankind) could perhaps be applied to certain indeterminate forms of humanitarian idealism, or to the techniques of terror. But it rings false in relation to man’s rebellion against his condition — the movement that en- lists the individual in the defense of a dignity common to all men. Scheler wants to demonstrate that humanitarian feelings are always accompanied by a hatred of the world. Humanity is loved in general in order to avoid having to love anybody in particular. This is correct, in some cases, and it is easier to understand Scheler when we realize that for him humanitarianism is repre- sented by Bentham6 and Rousseau.7 But man’s love for man can be born of other things than a mathematical calculation of the resultant rewards or a theoretical confidence in human nature. In face of the utilitarians, and of Emile’s preceptor, there is, for example, the kind of logic, embodied by Dostoievsky in Ivan Karamazov,8 which progresses from an act of rebellion to metaphysical insurrection. Scheler is aware of this and sums up the concept in the following manner: ‘‘There is not enough love in the world to squander it on anything but human beings.’’ Even if this proposition were true, the appalling despair that it implies would merit anything but con- tempt. In fact, it misunderstands the tortured character of Karamazov’s re- bellion. Ivan’s drama, on the contrary, arises from the fact that there is too much love without an object. This love finding no outlet and God being denied, it is then decided to lavish it on human beings as a generous act of complicity.

12 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

Nevertheless, in the act of rebellion as we have envisaged it up to now, an abstract ideal is not chosen through lack of feeling and in pursuit of a sterile demand. We insist that the part of man which cannot be reduced to mere ideas should be taken into consideration — the passionate side of his nature that serves no other purpose than to be part of the act of living. Does this imply that no rebellion is motivated by resentment? No, and we know it only too well in this age of malice. But we must consider the idea of rebellion in its widest sense on pain of betraying it; and in its widest sense rebellion goes far beyond resentment. When Heathcliff, in Wuthering Heights,9 says that he puts his love above God and would willingly go to hell in order to be reunited with the woman he loves, he is prompted not only by youth and humiliation but by the consuming experience of a whole lifetime. The same emotion causes Eckart,10 in a surprising fit of heresy, to say that he prefers hell with Jesus to heaven without Him. This is the very essence of love. Contrary to Scheler, it would therefore be impossible to overemphasize the passionate affirmation that underlies the act of rebellion and distinguishes it from resentment. Rebellion, though apparently negative, since it creates nothing, is pro- foundly positive in that it reveals the part of man which must always be defended.

But, to sum up, are not rebellion and the values that it implies relative? Reasons for rebellion do seem to change, in fact, with periods and civiliza- tions. It is obvious that a Hindu pariah, an Inca warrior, a primitive native of central Africa, and a member of one of the first Christian communities had not at all the same ideas about rebellion. We could even assert, with consid- erable assurance, that the idea of rebellion has no meaning in these particu- lar cases. However, a Greek slave, a serf, a condottiere of the Renaissance, a Parisian bourgeois during the Regency, a Russian intellectual at the begin- ning of the twentieth century, and a contemporary worker would undoubt- edly agree thatrebellion is legitimate, even if they differed about the reasons for it. In other words, the problem of rebellion seems to assume a precise meaning only within the confines of Western thought. It is possible to be even more explicit by remarking, like Scheler, that the spirit of rebellion finds few means of expression in societies where inequalities are very great (the Hindu caste system) or, again, in those where there is absolute equality (certain primitive societies). The spirit of rebellion can exist only in a society where a theoretical equality conceals great factual inequalities. The problem of rebellion, therefore, has no meaning except within our own Western society. One might be tempted to affirm that it is relative to the development of individualism if the preceding remarks had not put us on our guard against this conclusion.

On the basis of the evidence, the only conclusion that can be drawn from Scheler’s remark is that, thanks to the theory of political freedom, there is, in the very heart of our society, an increasing awareness in man of the idea of man and, thanks to the application of this theory of freedom, a

The Rebel(selection): Reading 13

03_bos5511X_int_p001-068.indd 29 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics30 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

corresponding dissatisfaction. Actual freedom has not increased in propor- tion to man’s awareness of it. We can only deduce from this observation that rebellion is the act of an educated man who is aware of his own rights. But there is nothing which justifies us in saying that it is only a question of individual rights. Because of the sense of solidarity we have already pointed out, it would rather seem that what is at stake is humanity’s gradually in- creasing self-awareness as it pursues its course. In fact, for the Inca and the pariah the problem never arises, because for them it had been solved by a tradition, even before they had had time to raise it — the answer being that tradition is sacred. If in a world where things are held sacred the problem of rebellion does not arise, it is because no real problems are to be found in such a world, all the answers having been given simultaneously. Metaphysic is replaced by myth. There are no more questions, only eternal answers and commentaries, which may be metaphysical. But before man accepts the sacred world and in order that he should be able to accept it — or before he escapes from it and in order that he should be able to escape from it — there is always a period of soul-searching and rebellion. The rebel is a man who is on the point of accepting or rejecting the sacred and determined on laying claim to a human situation in which all the answers are human — in other words, formulated in reasonable terms. From this moment every question, every word, is an act of rebellion while in the sacred world every word is an act of grace. It would be possible to demonstrate in this manner that only two possible worlds can exist for the human mind: the sacred (or, to speak in Christian terms, the world of grace) and the world of rebellion. The disap- pearance of one is equivalent to the appearance of the other, despite the fact that this appearance can take place in discon-certing forms. There again we rediscover the All or Nothing. The present interest of the problem of rebel- lion only springs from the fact that nowadays whole societies have wanted to discard the sacred. We live in an unsacrosanct moment in history. Insurrec- tion is certainly not the sum total of human experience. But history today, with all its storm and strife, compels us to say that rebellion is one of the essential dimensions of man. It is our historic reality. Unless we choose to ignore reality, we must find our values in it. Is it possible to find a rule of conduct outside the realm of religion and its absolute values? That is the question raised by rebellion.

We have already noted the confused values that are called into play by incipient rebellion. Now we must inquire if these values are to be found again in contemporary forms of rebellious thought and action, and if they are, we must specify their content. But, before going any farther, let us note that the basis of these values is rebellion itself. Man’s solidarity is founded upon rebellion, and rebellion, in its turn, can only find its justification in this solidarity. We have, then, the right to say that any rebellion which claims the right to deny or destroy this solidarity loses simultaneously its right to be called rebellion and becomes in reality an acquiescence in murder. In the

14 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

same way, this solidarity, except in so far as religion is concerned, comes to life only on the level of rebellion. And so the real drama of revolutionary thought is announced. In order to exist, man must rebel, but rebellion must respect the limit it discovers in itself — a limit where minds meet and, in meeting, begin to exist. Rebellious thought, therefore, cannot dispense with memory: it is a perpetual state of tension. In studying its actions and its results, we shall have to say, each time, whether it remains faithful to its first noble promise or if, through indolence or folly, it forgets its original pur- pose and plunges into a mire of tyranny or servitude.

Meanwhile, we can sum up the initial progress that the spirit of rebellion provokes in a mind that is originally imbued with the absurdity and apparent sterility of the world. In absurdist experience, suffering is individual. But from the moment when a movement of rebellion begins, suffering is seen as a collective experience. Therefore the first progressive step for a mind over- whelmed by the strangeness of things is to realize that this feeling of strange- ness is shared with all men and that human reality, in its entirety, suffers from the distance which separates it from the rest of the universe. The malady experienced by a single man becomes a mass plague. In our daily trials rebellion plays the same role as does the ‘‘cogito’’ 11 in the realm of thought: it is the first piece of evidence. But this evidence lures the individ- ual from his solitude. It founds its first value on the whole human race. I rebel — therefore we exist.

� N O T E S

1. ‘‘Rebel’’ translates the French revolté, which probably derives from the Latin revolvere, ‘‘to revolve.’’ [D.C.A., ed.]

2. André Lalande, Vocabulaire technique et critique de la philosophie (1902). [A.C.] Lalande (1867 – 1963) was a French philosopher. [D.C.A.]

3. Max Scheler, Über Ressentiment und moralisches Werturteil (1912). Scheler (1874 – 1928) was a German philosopher. [D.C.A.]

4. Friedrich Nietzsche (1844 – 1900) was a German philosopher. [D.C.A.] 5. Tertullian (about 160 – 200) was a north African Christian theologian.

[D.C.A.] 6. Jeremy Bentham (1748 – 1832) was an English philosopher who advo-

cated utilitarianism, the ethical theory that one should always act in a way that maximizes ‘‘utility,’’ which Bentham defined as the greatest happi- ness of the greatest number. He proposed a mathematical system for calculating utility. [D.C.A.]

7. Jean-Jacques Rousseau (1712 – 1778) was a French (Swiss born) philoso- pher. He expresses his belief in the goodness of human nature in Émile (1762), his treatise on education. [D.C.A.]

8. Fyodor Dostoievsky, The Brothers Karamazov (1879 – 1880). [D.C.A.]

The Rebel(selection): Reading 15

03_bos5511X_int_p001-068.indd 30 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

31The Rebel (selection): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

corresponding dissatisfaction. Actual freedom has not increased in propor- tion to man’s awareness of it. We can only deduce from this observation that rebellion is the act of an educated man who is aware of his own rights. But there is nothing which justifies us in saying that it is only a question of individual rights. Because of the sense of solidarity we have already pointed out, it would rather seem that what is at stake is humanity’s gradually in- creasing self-awareness as it pursues its course. In fact, for the Inca and the pariah the problem never arises, because for them it had been solved by a tradition, even before they had had time to raise it — the answer being that tradition is sacred. If in a world where things are held sacred the problem of rebellion does not arise, it is because no real problems are to be found in such a world, all the answers having been given simultaneously. Metaphysic is replaced by myth. There are no more questions, only eternal answers and commentaries, which may be metaphysical. But before man accepts the sacred world and in order that he should be able to accept it — or before he escapes from it and in order that he should be able to escape from it — there is always a period of soul-searching and rebellion. The rebel is a man who is on the point of accepting or rejecting the sacred and determined on laying claim to a human situation in which all the answers are human — in other words, formulated in reasonable terms. From this moment every question, every word, is an act of rebellion while in the sacred world every word is an act of grace. It would be possible to demonstrate in this manner that only two possible worlds can exist for the human mind: the sacred (or, to speak in Christian terms, the world of grace) and the world of rebellion. The disap- pearance of one is equivalent to the appearance of the other, despite the fact that this appearance can take place in discon-certing forms. There again we rediscover the All or Nothing. The present interest of the problem of rebel- lion only springs from the fact that nowadays whole societies have wanted to discard the sacred. We live in an unsacrosanct moment in history. Insurrec- tion is certainly not the sum total of human experience. But history today, with all its storm and strife, compels us to say that rebellion is one of the essential dimensions of man. It is our historic reality. Unless we choose to ignore reality, we must find our values in it. Is it possible to find a rule of conduct outside the realm of religion and its absolute values? That is the question raised by rebellion.

We have already noted the confused values that are called into play by incipient rebellion. Now we must inquire if these values are to be found again in contemporary forms of rebellious thought and action, and if they are, we must specify their content. But, before going any farther, let us note that the basis of these values is rebellion itself. Man’s solidarity is founded upon rebellion, and rebellion, in its turn, can only find its justification in this solidarity. We have, then, the right to say that any rebellion which claims the right to deny or destroy this solidarity loses simultaneously its right to be called rebellion and becomes in reality an acquiescence in murder. In the

14 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

same way, this solidarity, except in so far as religion is concerned, comes to life only on the level of rebellion. And so the real drama of revolutionary thought is announced. In order to exist, man must rebel, but rebellion must respect the limit it discovers in itself — a limit where minds meet and, in meeting, begin to exist. Rebellious thought, therefore, cannot dispense with memory: it is a perpetual state of tension. In studying its actions and its results, we shall have to say, each time, whether it remains faithful to its first noble promise or if, through indolence or folly, it forgets its original pur- pose and plunges into a mire of tyranny or servitude.

Meanwhile, we can sum up the initial progress that the spirit of rebellion provokes in a mind that is originally imbued with the absurdity and apparent sterility of the world. In absurdist experience, suffering is individual. But from the moment when a movement of rebellion begins, suffering is seen as a collective experience. Therefore the first progressive step for a mind over- whelmed by the strangeness of things is to realize that this feeling of strange- ness is shared with all men and that human reality, in its entirety, suffers from the distance which separates it from the rest of the universe. The malady experienced by a single man becomes a mass plague. In our daily trials rebellion plays the same role as does the ‘‘cogito’’ 11 in the realm of thought: it is the first piece of evidence. But this evidence lures the individ- ual from his solitude. It founds its first value on the whole human race. I rebel — therefore we exist.

� N O T E S

1. ‘‘Rebel’’ translates the French revolté, which probably derives from the Latin revolvere, ‘‘to revolve.’’ [D.C.A., ed.]

2. André Lalande, Vocabulaire technique et critique de la philosophie (1902). [A.C.] Lalande (1867 – 1963) was a French philosopher. [D.C.A.]

3. Max Scheler, Über Ressentiment und moralisches Werturteil (1912). Scheler (1874 – 1928) was a German philosopher. [D.C.A.]

4. Friedrich Nietzsche (1844 – 1900) was a German philosopher. [D.C.A.] 5. Tertullian (about 160 – 200) was a north African Christian theologian.

[D.C.A.] 6. Jeremy Bentham (1748 – 1832) was an English philosopher who advo-

cated utilitarianism, the ethical theory that one should always act in a way that maximizes ‘‘utility,’’ which Bentham defined as the greatest happi- ness of the greatest number. He proposed a mathematical system for calculating utility. [D.C.A.]

7. Jean-Jacques Rousseau (1712 – 1778) was a French (Swiss born) philoso- pher. He expresses his belief in the goodness of human nature in Émile (1762), his treatise on education. [D.C.A.]

8. Fyodor Dostoievsky, The Brothers Karamazov (1879 – 1880). [D.C.A.]

The Rebel(selection): Reading 15

03_bos5511X_int_p001-068.indd 31 25/07/14 3:03 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics32 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

9. Emily Brontë, Wuthering Heights (1847). [D.C.A.] 10. Johannes Eckart (about 1260 – 1327; better known as Meister Eckart) was

the founder of German mysticism. [D.C.A.] 11. cogito: shorthand for the statement of the French philosopher René Des-

cartes (1596 – 1650), ‘‘Cogito ergo sum,’’ ‘‘I think, therefore I am.’’ This principle is the basis of Descartes’s entire philosophy. [D.C.A.]

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The Rebel Albert Camus

Reading Questions

According to Camus:

1. In what way does the rebel say yes and no simultaneously?

2. How does rebellion transcend individualism?

3. How does rebellion differ from resentment?

4. Why does the problem of rebellion not arise in non-Western societies? Why does it not arise in societies that accept the notion of the sacred?

5. How are rebellion and human solidarity interconnected?

Discussion Questions

In your own view:

1. Does the rebellion of a slave against a master typify all acts of rebellion?

2. Is rebellion always for something, and not merely against something?

3. Does rebellion necessarily imply solidarity with all human beings?

4. Are true rebels always willing to die for their cause?

5. Can a religious believer be a rebel?

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9. Emily Brontë, Wuthering Heights (1847). [D.C.A.] 10. Johannes Eckart (about 1260 – 1327; better known as Meister Eckart) was

the founder of German mysticism. [D.C.A.] 11. cogito: shorthand for the statement of the French philosopher René Des-

cartes (1596 – 1650), ‘‘Cogito ergo sum,’’ ‘‘I think, therefore I am.’’ This principle is the basis of Descartes’s entire philosophy. [D.C.A.]

16 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Human Nature Albert Camus, ‘‘The Rebel’’(selection)

© The McGraw−Hill Companies, 2006

The Rebel Albert Camus

Reading Questions

According to Camus:

1. In what way does the rebel say yes and no simultaneously?

2. How does rebellion transcend individualism?

3. How does rebellion differ from resentment?

4. Why does the problem of rebellion not arise in non-Western societies? Why does it not arise in societies that accept the notion of the sacred?

5. How are rebellion and human solidarity interconnected?

Discussion Questions

In your own view:

1. Does the rebellion of a slave against a master typify all acts of rebellion?

2. Is rebellion always for something, and not merely against something?

3. Does rebellion necessarily imply solidarity with all human beings?

4. Are true rebels always willing to die for their cause?

5. Can a religious believer be a rebel?

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34

BIBLIOGRAPHY

Epicurus, “Letter to Menoeceus.” In Diogenes Laertius, Lives of Eminent Philosophers, ed. and trans. R. D. Hicks. vol. 2. London, England: William Heinemann, 1925.

Martin Luther King, Jr. Why We Can’t Wait . New York: Harper & Row, 1964.

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Part I. CRITICAL THINKING

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CHAPTER 1: How and why we make

moral arguments.

INTRODUCTION

Critical Thinking and Logic

Logic is something that we often employ in our daily lives and yet few of us have ever studied the subject. Logic is the science of reasoning, the study of rational thought. Employing logical principles allow us to determine reasonable goals and allow us to accomplish them in a straight forward manner. Logic is a formal discipline or branch of Philosophy. It is a branch of philosophy that has made tremendous progress since its early beginnings in the 4th century B.C.E. in ancient Greece. The formal study of logic can take years. At universities around the world there are numerous courses taught at various levels of study on a variety of types of logic, each one employing a formalized structure and method. For the purposes of this book, a brief introduction to logic and critical thinking will grant a foundation better to organize our thoughts and analyze the thoughts of others.

Critical thinking on the other hand, is less formalized, less structured than logic. Are some ways of approaching problems better than others? If your car would not start, would it be reasonable at the first sign of trouble to tear out the engine and install a new one? Most of you would say, “Of course not!” What would you do first? It seems that the first thing you would do is to check the gas, perhaps the battery, and then try to get a jump start? All of those options seem reasonable. The person that began by pulling apart the engine would seem, at best eccentric, at worst, crazy in our eyes.

Critical thinking involves the engagement of a thinker in rational delib- eration towards a resolution of a problem. There are various skills employed by one engaged in rational deliberation. The skills employed include: empir- ical investigation, analysis of evidence, development of reasons in support of an argument, assessment of arguments, and the ability to articulate and justify the analysis and arguments, and the ability to justify premises and conclusions. These are skills that are necessary in all aspects of our daily life as citizens, professionals, and persons. The goal of this text is to facilitate application of these skills to a wide variety of topics.

“He who knows only his own side of the case knows little of that.” John Stuart Mill

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There is a clear connection between logic and critical thinking. Logic is a formalized way to evaluate knowledge claims and to establish that which is unknown based upon that which is known. As Charles Sanders Pierce said, “The object of reasoning is to find out, from the consideration of what we already know, something else which we do not know…Consequently, rea- soning is good if it be such as to give a true conclusion from true premises, and not otherwise.”

Some of these attempts to justify our beliefs are better than others, but all are rational (so long as they make reference to reason as opposed to feel- ings or sentiments) in that they attempt to provide reasons for the position or view that we support. In order to be a critical thinker, one must employ and apply various formal and informal principles of logic.

The reasons that we employ in order to support a position are called the premises while the position itself is known as the conclusion. Taken together, the premises and the conclusion form an argument. At times, in a verbal dis- cussion, the tone of voice gives a clue as to which sentences offer reasons and which indicate the conclusion to be proved. Further, in a language such as English, there exist certain key words that make conclusions easy to spot. Words such as these are often indicative of a conclusion: “Therefore,” “thus”, “conse- quently”, “ hence”, “so”, “it follows that”, or “the implications are”. Carefully choosing our words, and listening carefully to the words of others, are crucial steps towards having a meaningful discourse regarding moral issues.

Semantics and Meaning

Semantics is the study of the meaning of words. From the very beginning of Western philosophy, people have struggled to understand the relationship between words, meanings and thoughts. The ancient Greeks understood the importance of language. The Sophist philosopher Gorgias famously claimed that the world, if it actually existed and was actually comprehen- sible, was impossible to communicate to other people because words could not accurately represent our ideas. Socrates, one of the most influential of the ancient Greek philosophers, was constantly in search of the defini- tion and meaning of words. In the process of attempting to determine the nature of concepts such as beauty and justice, he devised a theory of mean- ing and of the function of language.

Language is used in a variety of ways to express our thoughts and feel- ings regarding the world. There are three important aspects of language. Language is used to command action, convey emotion, and provide descrip- tions of the world. A central problem in the interpretation of meaning is the fact that a single sentence can command action, convey emotion, and provide a description of the world. In other words, a single statement can have multiple meanings. As such, it is both useful and necessary to make a distinction between a sentence, which is a group of words, and a proposi- tion, which is the meaning of those words.

The fact that a sentence is distinct from the proposition it asserts can be seen by means of a simple example: “I am studying philosophy,” and “Estou

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estudando a filosofia,” as well as “Я изучаю философию,” all affirm the same proposition. Each sentence, although written in a different language, con- vey the same propositional meaning. It conveys the same idea, in a number of different languages, English, Portuguese, and Russian. The meaning that they convey is clear. Further, this statement can be either true or false.

Structure of Formal Arguments

Formal logic--employ a structured argument with a set of premises and one conclusion.

1. If P then Q Premise Argument 2. P Premise 3. Therefore Q Conclusion

If the structure of the argument is VALID, meaning that it has the correct formal structure, and if the premises are TRUE then the CONCLUSION must be TRUE!

Formal Fallacies

1. PàQ 1. PàQ 2. P 2. Q 3. Q 3. P

VALID INVALID Example A Example B

1. If I live in Florida à I live 1. If I live in Florida à I live in the USA in the USA

2. I live in Florida 2. I live in USA 3. Therefore I live in the USA 3. I live in Florida

VALID INVALID

It is easy to that example B is invalid, because just because someone lives in the USA, it does not follow that she lives in Florida. A person could live in Florida, but she also could live in Texas, North Carolina, or any one of the states or territories within its possession. Whereas it is clear to see that in you live in Florida, then you must also reside within the USA.

Informal Fallacies

In order to identify an informal fallacy one must understand the context, meaning and relevance of the premises to the conclusion. Informal fallacies commit a fallacy of relevance in that such either they explicitly or implicitly assume premises that are not relevant or do not support the conclusion.

Appeal to Force (Argumentum ad baculum)

In this fallacy the premise used to support a particular conclusion is one of violence, force, or harm. For example: Suppose your boss says, “If you vote for Clinton for president, then I will fire you.” In this case, you may feel

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coerced into voting for another candidate. It should be clear that a threat of violence is entirely irrelevant to the truth of either the premise or a conclu- sion of an argument.

Appeal to Pity or Emotion (Argumentum ad misericordiam)

In this circumstance, a person appeals to the emotions of another in an effort to prove the conclusion of an argument. As opposed to playing on our fears, as in the previous fallacy, this fallacy plays upon our sympathies. When a student, in an effort to get a grade changed, begins to cry or weep to the professor, they are committing this fallacy.

Another example of this type is often found in the court of law. When the accused perpetrator asks for leniency or mercy and begins to beg and cry for all to see. In such a case, it would be a mistake, to find someone inno- cent simply because you feel sorry for them. In a case such as this, it might be appropriate to reduce their sentence, depending upon how believable you find their remorse to be. Whether this is another application of this fal- lacy is contentious, since in practice, convicted felons are often given lesser sentences when they appear to acknowledge and regret their actions.

Appeal to Ignorance (Argumentum ad ignorantiam)

This fallacy can take two forms: A) Arguing from the absence of proof to the presence of disproof. Or to say it in another way, to argue from the absence of evidence for the confirmation of a hypothesis to evidence for the discon- firmation of said hypothesis. B) Arguing from the absence of disproof to the presence of proof.

Appeal to or Against the Person (Argumentum ad hominem)

Argue that a proposition must be true or false, because of the person mak- ing the argument. This is a Fallacy in reasoning- you should attack the argument not the person making it. For example if Brittney Spears were to give a lecture on some of the finer points of parenting, and you argued that she must be wrong-- because of who she is, regardless of what she actually says--then you have committed this fallacy. It might be the case that she has learned some important life lessons and has something important to say on this topic.

By the same token, if you argue that something must be true because of who is saying it, regardless of their arguments in support of their thesis, then you have committed this fallacy as well. Suppose you assume that for- mer Secretary of State Colin Powell’s view on weapons of mass destruction (WMDs) must be true, simply because he is claiming it to be so. Assuming the truth of his statements on the subject before the United Nations paved the way for the longest war in American history, one based on factual state- ments that were not true: there were no weapons of mass destruction in Iraq before the American invasion of that country. This form of the fallacy is basi- cally the same as the appeal to authority discussed below. The difference is that in this form of the fallacy the person making the claim need not be an authority in the field.

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Appeal to or Against the delivery (Fallacy of Delivery)

The fallacy of delivery involves attacking the person (not the argument pre- sented) because of how some states the argument. As my wife often says, it is not what I say, but how I say it. Ultimately, regardless of how straight for- wardly, bluntly, or rudely someone states his or her position, what matters in regards to critical thinking is the analysis of the argument itself. This may make it extremely painful to admit that the person presenting a position is right (when they do some in such a condensing or obnoxious manner), but those feelings are irrelevant to the question of sound reasoning. In such a case you may be committing both the fallacy of ad hominem and appeal to emotion, as you are allowing your own feelings to cloud your ability to reason.

Appeal to Authority (Argumentum ad auctoritatem)

In this fallacy you claim that an argument is true simply because it is given by an authoritative source. At times this may be a difficult argument to detect, as we trust in authoritative sources for many of our beliefs about the world.

If I visit a physician and ask him to diagnose a specific ailment, he may say it is: Hypoglycemia. Technically, if I take him at his word, without asking for further details as to the nature of his diagnosis, then I have committed this fallacy.

Let’s say that recently a physician wanted to perform an adenotonsil- lectomy, removal of the adenoids and tonsils upon my son. I went to ask the physician why he thought it was necessary to perform the surgery. He said that my son had “polyandrosomething or other” and that was why the surgery needed to be performed. To which I asked, and what is the basis of this diagnosis.

At which point he explained the observations he had made on several occasions of the inflammation of the glands in question, and how this had lead him to a differential diagnosis of the condition. Although, I have no formal training in medicine, I do have formal training in philosophy which allowed me to go beyond a presumed authority of the physician in question, to ask his rationale and for him to provide arguments in defense of the claim that the surgery was necessary.

In the end, he could not provide any empirical basis, an, in fact the sur- gery was in conflict with current best practices of evidence based medicine. After further consultation with a second physician (who stated that such a surgery was unnecessary) the surgery was canceled. Authorities and experts have a place in our society, but they must have clear arguments in favor of their views, they cannot simply support their views solely on the basis of their positions.

Appeal to the Majority (Argumentum ad populum)

This fallacy can be witnessed daily as we watch television advertisements. TV ads often make reference to the fact that 4 out of 5 doctors prescribe brand X or that most people prefer one brand of soda to another. When the only reason given for the superiority of one product over another is the

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fact that more people use it, then the fallacy of appeal to the majority has been committed. Simply because more people believe that something is correct, it does not follow that it actually is. As you may know, the majority of Americans voted for George W. Bush at least once (officially twice) for the office of president of the United States of America, yet it does not fol- low, solely on the basis of popular opinion, that he was the best candidate for the job. The majority may be correct about a particular belief, but they may be mistaken. To rely solely upon this opinion is a mistake in reasoning.

False Cause (Non causa pro causa)

Any argument in which the premises do not provide support for a con- clusion claiming a causal connection is said to commit the fallacy of false cause. Generally false cause is based on a mistaken believe between two events and a claim that there is a connection between them. For example, a superstitious person may believe that their bad luck is the result of break- ing a mirror or that a lucky charm had bearing upon winning a game of chance. The establishment of a causal connection between two objects or events is often an empirical question which can be addressed by proper investigation. In principle a rabbit’s foot might influences luck, but proving that would require empirical evidence which demonstrated that a person’s luck improved while in possession of the object-- although the mechanisms producing the luck might be unknown. Recently researchers in England conducted an experiment where one group of test subjects were told they were going to use a “lucky putter” used by a British Open champion to putt while a control group was given a “regular” putter. In the end, the lucky group outperformed the control group. Neither group knew they were, in fact, using the same putter. The experiment has been repeated several times and each time the “lucky” putter out performs the “regular” putter. The researchers believe that luck is not the cause factor but rather people’s internal perceptions of luck.

Irrelevant Conclusion or Red Herring (Ignoratio elenchi)

The irrelevant conclusion or red hearing fallacy involves arguing about something that is not at issue to confuse the argument. For example, some opponents of stem cell research argue that it is the same as abor- tion. Although in both cases a potential person ceases to exist, there are a number of morally relevant differences between the two cases. In stem cell research the cells involved are pre-embryonic--the cells are obtained in vitro (in a laboratory setting) and harvested in a test tube between five to seven days after conception. Stem cells from an aborted fetus, on the other hand, involves in vivo embryos from which the stem cells are obtained. Although the cases may seem similar, mixing the issue of abortion into the debate on stem cell research is a case of employing a red herring.

Begging the Question or (Petitio Principii)

When one “begs the question” against an argument, he or she structures a position so that it is beyond question--regardless of empirical facts. For

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example, if someone claims that all animals lack basic rights, without provid- ing additional evidence or premises in support of that view, then they are begging the question against those that deny that claim. This is not to say that compelling argument cannot be given for or against animal rights, but in the case noted above, more evidence must be provided.

Another example, from psychology, may help to illustrate this notion of begging the question. Some argue the Freudian psychological theory is struc- tured in such a way that it begs the question against opponents. For example if the theory predicts that a particular individual ought to display a particular neuroses (and the individual does not) then the Freudian will claim that they are “repressed”. In this way, regardless of the empirical evidence, the theory cannot be disproven. This is not to say that the theory is false, although some critics from Adolf Grünbaum to Jean-Paul Sartre have stated that Freud’s theory is at best false, at worse pseudo-scientific. Rather, it is to say that some philosophers argue that it begs the question against opponents.

Circular reasoning (Circulus in Probando)

Circular arguments assume the conclusion in one or more of the premises. There are any number of examples of this type of reasoning, the most famous, perhaps, being the Cartesian Circle, named for René Descartes. In his work, Meditations on First Philosophy, he argues that “I now seem to be able to lay it down as a general rule that whatever I perceive very clearly and distinctly is true.” From this he argues that he clearly and distinctly conceives of God, and then argues that because God does in fact exists, that all ideas that are clear and distinct are also true. A deductive version of the argument is below:

1. I think therefore I am 2. I have a clear and distinct conception of God. 3. In order for a lesser being to have an idea of a greater being, that idea

must originate with the greater being. 4. Therefore, God Exists. 5. God exist and is good therefore he would not let the evil demon deceive

us ( or allow humanity to commit systematic errors in reason and judg- ment) about the world.

6. Therefore, the world exists as we perceive it so long as we have a clear and distinct conception of it.

The problem with the above argument is that Descartes assume clear and distinct ideas are true so that he may prove the existence of God, but then uses the existence of God to prove that clear and distinct ideas are, in fact true. This is clearly circular reasoning and leads to the failure of the entire chain of reasoning.

Equivocation or Ambiguity of Terms

Equivocation involves a conflation of definitions or deliberate or acciden- tal ambiguity in a term. The ancient Greek Sophist Gorgias noted argues

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that it was impossible to communicate our ideas because they could not adequately be capture by words. Although this extreme position is clearly false, Gorgias was right to note that unless a word conveys the same mean- ing to everyone involved communication can be impossible. For example, if your boyfriend says you are “dating” but dating to him means he is dat- ing you and three other girls, whereas for you it means he is dating you exclusively, this confusion is a result of the lack of clarity regarding the term “dating”.

Some extreme proponents of animal rights argue that animals have human rights, and that people have rights, ergo people and animals have the same rights. Most reasonable people would not argue that people have the same rights as animals. Certainly animals cannot vote, drive a car, or own a home- so clearly the rights possessed by people and animals are different. The confusion arises as a result of equivocation. The confusion is a result of the fact that the supposed rights of animals and the rights of people have not been specified in the above statements, thereby leading to the confusion. Equivocation can be avoided by clarifying the terms involved either by clearly defining the terms and elaborating upon their meaning so that all parties involved in the discussion have a clear conception of their intended use.

Octavio Roca and Matthew Schuh

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Does Moral Philosophy Rest on a Mistake?

H. A. Prichard

H. A. Prichard was born in 1871 in London, England. He was educated at Clifton and New College, Oxford University, and then began teaching at Oxford. He was a fellow at Hertford College 1895 to 1898 and a fellow at Trinity College from 1898 until 1923, when poor health caused him to resign. In 1928 Prichard was appointed White’s Professor of Moral Philosophy at Corpus Christi College, Oxford, where he remained until his retirement in 1937. His students over the years included Gilbert Ryle (1900–1976), H. L. A. Hart (1907–1993), Isaiah Berlin (1909–1997), A. J. Ayer (1910–1989), and J. L. Austin (1911–1960). Prichard received an honorary degree from the University of Aberdeen, in Scotland, and continued to write until his death at Oxford in 1947. His writings include Kant’s Theory of Knowledge (1909) and two posthumous volumes of essays edited by W. D. Ross, Moral Obligation, Essays and Lectures (1949) and Knowledge and Perception, Essays and Lectures (1950).

Our reading is from Prichard’s 1912 article, “Does Moral Philosophy Rest on a Mistake?” Prichard here defends moral intuitionism—the doctrine that the moral rightness of an action is perceived immediately, and is not discovered by discerning that it has some quality shared by all morally right actions. For example, actions are not morally right and obligatory because they are intrinsically good, because their consequences are good, or because they are done from a certain kind of motive. To intuit moral rightness and obligation correctly, we may first need to think more fully about the consequences of an action, or about our relation to the persons involved in the action. But once we carry out these preliminaries, our apprehension of moral rightness and obligation is immediate. Prichard explains that moral rightness is not the same as moral goodness: the former refers to the act in itself, while the latter refers to the motive of the agent. A right action is morally good only if the agent performs it “because it is right, that is, from a sense of obligation.” Moreover, a morally good act is not the same as a virtuous act, since a virtuous act is done from a desire that is intrinsically good, whereas a moral act may be done simply from obligation.

Prichard concludes by answering the question posed by the title of his article. If moral philosophy rests on the assumption that it is possible to prove that the things we intuit as morally right and obligatory really are so, and then attempts to produce such a proof, moral philosophy rests on a mistake. For moral rightness cannot be demonstrated, but “can only be apprehended directly by an act of moral thinking.” The proper task of moral philosophy is to reflect on the immediacy of our knowledge of moral rightness and the similarly immediate apprehension of the goodness of the virtues and other dispositions.

Reprinted from H. A. Prichard, “Does Moral Philosophy Rest on a Mistake?” Mind, new series 21 (January 1912).

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. . . The sense of obligation to do, or of the rightness of, an action of a par- ticular kind is absolutely underivative or immediate. The rightness of an action consists in its being the origination of something of a certain kind A in a situation of a certain kind, a situation consisting in a certain rela- tion B of the agent to others or to his own nature. To appreciate its right- ness, two preliminaries may be necessary. We may have to follow out the consequences of the proposed action more fully than we have hitherto done, in order to realize that in the action we should originate A. Thus we may not appreciate the wrongness of telling a certain story until we realize that we should thereby be hurting the feelings of one of our audience. Again, we may have to take into account the relation B involved in the sit- uation, which we had hitherto failed to notice. For instance, we may not appreciate the obligation to give X a present, until we remember that he has done us an act of kindness. But given that, by a process which is of course merely a process of general and not of moral thinking, we come to recognize that the proposed act is one by which we shall originate A in a relation B, then we appreciate the obligation immediately or directly, the appreciation being an activity of moral thinking. We recognize, for instance, that this performance of a service to X, who has done us a service, just in virtue of its being the performance of a service to one who has rendered a service to the would-be agent, ought to be done by us. This apprehension is immediate, in precisely the sense in which a mathematical apprehension is immediate—for example, the apprehension that this three-sided figure, in virtue of its being three-sided, must have three angles. Both apprehen- sions are immediate in the sense that in both insight into the nature of the subject directly leads us to recognize its possession of the predicate; and it is only stating this fact from the other side to say that in both cases the fact apprehended is self-evident.

The plausibility of the view that obligations are not self-evident but need proof lies in the fact that an act which is referred to as an obligation may be incompletely stated, [with] what I have called the preliminaries to appreciating the obligation being incomplete. If, for example, we refer to the act of repaying X by a present merely as giving X a present, it appears—and indeed is—necessary to give a reason. In other words, wher- ever a moral act is regarded in this incomplete way, the question “Why should I do it?” is perfectly legitimate. This fact suggests, but suggests wrongly, that even if the nature of the act is completely stated, it is still necessary to give a reason, or, in other words, to supply a proof.

The relations involved in obligations of various kinds, are, of course, very different. The relation in certain cases is a relation to others due to a past act of theirs or ours. The obligation to repay a benefit involves a rela- tion due to a past act of the benefactor. The obligation to pay a bill involves a relation due to a past of ours in which we have either said or implied that we would make a certain return for something which we have

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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47Does Moral Philosophy Rest on a Mistake? (selection): ReadingAbel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

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Does Moral Philosophy Rest on a Mistake?

H. A. Prichard

H. A. Prichard was born in 1871 in London, England. He was educated at Clifton and New College, Oxford University, and then began teaching at Oxford. He was a fellow at Hertford College 1895 to 1898 and a fellow at Trinity College from 1898 until 1923, when poor health caused him to resign. In 1928 Prichard was appointed White’s Professor of Moral Philosophy at Corpus Christi College, Oxford, where he remained until his retirement in 1937. His students over the years included Gilbert Ryle (1900–1976), H. L. A. Hart (1907–1993), Isaiah Berlin (1909–1997), A. J. Ayer (1910–1989), and J. L. Austin (1911–1960). Prichard received an honorary degree from the University of Aberdeen, in Scotland, and continued to write until his death at Oxford in 1947. His writings include Kant’s Theory of Knowledge (1909) and two posthumous volumes of essays edited by W. D. Ross, Moral Obligation, Essays and Lectures (1949) and Knowledge and Perception, Essays and Lectures (1950).

Our reading is from Prichard’s 1912 article, “Does Moral Philosophy Rest on a Mistake?” Prichard here defends moral intuitionism—the doctrine that the moral rightness of an action is perceived immediately, and is not discovered by discerning that it has some quality shared by all morally right actions. For example, actions are not morally right and obligatory because they are intrinsically good, because their consequences are good, or because they are done from a certain kind of motive. To intuit moral rightness and obligation correctly, we may first need to think more fully about the consequences of an action, or about our relation to the persons involved in the action. But once we carry out these preliminaries, our apprehension of moral rightness and obligation is immediate. Prichard explains that moral rightness is not the same as moral goodness: the former refers to the act in itself, while the latter refers to the motive of the agent. A right action is morally good only if the agent performs it “because it is right, that is, from a sense of obligation.” Moreover, a morally good act is not the same as a virtuous act, since a virtuous act is done from a desire that is intrinsically good, whereas a moral act may be done simply from obligation.

Prichard concludes by answering the question posed by the title of his article. If moral philosophy rests on the assumption that it is possible to prove that the things we intuit as morally right and obligatory really are so, and then attempts to produce such a proof, moral philosophy rests on a mistake. For moral rightness cannot be demonstrated, but “can only be apprehended directly by an act of moral thinking.” The proper task of moral philosophy is to reflect on the immediacy of our knowledge of moral rightness and the similarly immediate apprehension of the goodness of the virtues and other dispositions.

Reprinted from H. A. Prichard, “Does Moral Philosophy Rest on a Mistake?” Mind, new series 21 (January 1912).

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. . . The sense of obligation to do, or of the rightness of, an action of a par- ticular kind is absolutely underivative or immediate. The rightness of an action consists in its being the origination of something of a certain kind A in a situation of a certain kind, a situation consisting in a certain rela- tion B of the agent to others or to his own nature. To appreciate its right- ness, two preliminaries may be necessary. We may have to follow out the consequences of the proposed action more fully than we have hitherto done, in order to realize that in the action we should originate A. Thus we may not appreciate the wrongness of telling a certain story until we realize that we should thereby be hurting the feelings of one of our audience. Again, we may have to take into account the relation B involved in the sit- uation, which we had hitherto failed to notice. For instance, we may not appreciate the obligation to give X a present, until we remember that he has done us an act of kindness. But given that, by a process which is of course merely a process of general and not of moral thinking, we come to recognize that the proposed act is one by which we shall originate A in a relation B, then we appreciate the obligation immediately or directly, the appreciation being an activity of moral thinking. We recognize, for instance, that this performance of a service to X, who has done us a service, just in virtue of its being the performance of a service to one who has rendered a service to the would-be agent, ought to be done by us. This apprehension is immediate, in precisely the sense in which a mathematical apprehension is immediate—for example, the apprehension that this three-sided figure, in virtue of its being three-sided, must have three angles. Both apprehen- sions are immediate in the sense that in both insight into the nature of the subject directly leads us to recognize its possession of the predicate; and it is only stating this fact from the other side to say that in both cases the fact apprehended is self-evident.

The plausibility of the view that obligations are not self-evident but need proof lies in the fact that an act which is referred to as an obligation may be incompletely stated, [with] what I have called the preliminaries to appreciating the obligation being incomplete. If, for example, we refer to the act of repaying X by a present merely as giving X a present, it appears—and indeed is—necessary to give a reason. In other words, wher- ever a moral act is regarded in this incomplete way, the question “Why should I do it?” is perfectly legitimate. This fact suggests, but suggests wrongly, that even if the nature of the act is completely stated, it is still necessary to give a reason, or, in other words, to supply a proof.

The relations involved in obligations of various kinds, are, of course, very different. The relation in certain cases is a relation to others due to a past act of theirs or ours. The obligation to repay a benefit involves a rela- tion due to a past act of the benefactor. The obligation to pay a bill involves a relation due to a past of ours in which we have either said or implied that we would make a certain return for something which we have

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics48 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

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asked for and received. On the other hand, the obligation to speak the truth implies no such definite act; it involves a relation consisting in the fact that others are trusting us to speak the truth, a relation the apprehen- sion of which gives rise to the sense that communication of the truth is something owing1 by us to them. Again, the obligation not to hurt the feelings of another involves no special relation of us to that other—that is, no relation other than that involved in our both being men, and men in one and the same world. Moreover, it seems that the relation involved in an obligation need not be a relation to another at all. Thus we should admit that there is an obligation to overcome our natural timidity or greediness, and that this involves no relations to others. Still there is a relation involved, namely, a relation to our own disposition. It is simply because we can, and because others cannot, directly modify our disposi- tion that it is our business to improve it, and that it is not theirs—or at least not theirs to the same extent.

The negative side of all this is, of course, that we do not come to appreciate an obligation by an argument (that is, by a process of nonmoral thinking) and that, in particular, we do not do so by an argument of which a premise is the ethical but not moral activity2 of appreciating the goodness either of the act or of a consequence of the act—that is, that our sense of the rightness of an act is not a conclusion from our appreciation of the goodness either of it or of anything else.

It will probably be urged that on this view our various obligations form . . . an unrelated chaos in which it is impossible to acquiesce. For, according to it, the obligation to repay a benefit, or to pay a debt, or to keep a promise, presupposes a previous act of another; whereas the obliga- tion to speak the truth or not to harm another does not; and, again, the obligation to remove our timidity involves no relations to others at all. Yet, at any rate, an effective argumentum ad hominem3 is at hand in the fact that the various qualities which we recognize as good are equally unrelated— for example, courage, humility, and interest in knowledge. If, as is plainly the case, agatha differ he-i agatha,4 why should not obligations equally differ qua5 their obligatoriness? Moreover if this were not so, there could in the end be only one obligation, which is palpably contrary to fact.6

Certain observations will help to make the view clearer. In the first place, it may seem that the view, being (as it is) avowedly

put forward [by me] in opposition to the view that what is right is derived from what is good, must itself involve the opposite of this, namely the Kantian7 position that what is good is based upon what is right—that is, that an act, if it be good, is good because it is right. But this is not so. For, on the view put forward [by me], the rightness of a right action lies solely in the origination in which the act consists, whereas the intrinsic goodness of an action lies solely in its motive; and this implies that a morally good action is morally good not simply because it is a right action but because it

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is a right action done because it is right, that is, from a sense of obligation. And this implication, it may be remarked incidentally, seems plainly true.

In the second place, [my] view involves that when, or rather so far as, we act from a sense of obligation, we have no purpose or end. By a “pur- pose” or “end” we really mean something the existence of which we desire, and desire of the existence of which leads us to act. Usually our purpose is something which the act will originate, as when we turn round in order to look at a picture. But it may [also] be the action itself (that is, the origina- tion of something), as when we hit a golf ball into a hole or kill someone out of revenge. Now if by a purpose we mean something the existence of which we desire and desire for which leads us to act, then plainly so far as we act from a sense of obligation, we have no purpose consisting either in the action itself or in anything which it will produce. This is so obvious that it scarcely seems worth pointing out. But I do so for two reasons. (1) If we fail to scrutinize the meaning of the terms “end” and “purpose,” we are apt to assume uncritically that all deliberate action (that is, action proper) must have a purpose; we then become puzzled both when we look for the purpose of an action done from a sense of obligation, and also when we try to apply to such an action the distinction of means and end, the truth all the time being that since there is no end, there is no means either. (2) The attempt to base the sense of obligation on the recognition of the goodness of something is really an attempt to find a purpose in a moral action in the shape of something good which, as good, we want. And the expectation that the goodness of something underlies an obliga- tion disappears as soon as we cease to look for a purpose.

The thesis, however, that so far as we act from a sense of obligation, we have no purpose, must not be misunderstood. It must not be taken either to mean or to imply that so far as we so act we have no motive. No doubt in ordinary speech the words “motive” and “purpose” are usually treated as correlatives, “motive” standing for the desire which induces us to act, and “purpose” standing for the object of this desire. But this is only because, when we are looking for the motive of some action, say some crime, we are usually presupposing that the act in question is prompted by a desire and not by the sense of obligation. At bottom, however, we mean by a motive what moves us to act.8 A sense of obligation does sometimes move us to act, and in our ordinary consciousness we should not hesitate to allow that the action we were considering might have had as its motive a sense of obligation. Desire and the sense of obligation are coordinate forms or species of motive.

In the third place, if the view put forward be right, we must sharply distinguish morality and virtue as independent, though related, species of goodness, neither being an aspect of something of which the other is an aspect, nor again a form or species of the other, nor again something deducible from the other; and we must at the same time allow that it is

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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49Abel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

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asked for and received. On the other hand, the obligation to speak the truth implies no such definite act; it involves a relation consisting in the fact that others are trusting us to speak the truth, a relation the apprehen- sion of which gives rise to the sense that communication of the truth is something owing1 by us to them. Again, the obligation not to hurt the feelings of another involves no special relation of us to that other—that is, no relation other than that involved in our both being men, and men in one and the same world. Moreover, it seems that the relation involved in an obligation need not be a relation to another at all. Thus we should admit that there is an obligation to overcome our natural timidity or greediness, and that this involves no relations to others. Still there is a relation involved, namely, a relation to our own disposition. It is simply because we can, and because others cannot, directly modify our disposi- tion that it is our business to improve it, and that it is not theirs—or at least not theirs to the same extent.

The negative side of all this is, of course, that we do not come to appreciate an obligation by an argument (that is, by a process of nonmoral thinking) and that, in particular, we do not do so by an argument of which a premise is the ethical but not moral activity2 of appreciating the goodness either of the act or of a consequence of the act—that is, that our sense of the rightness of an act is not a conclusion from our appreciation of the goodness either of it or of anything else.

It will probably be urged that on this view our various obligations form . . . an unrelated chaos in which it is impossible to acquiesce. For, according to it, the obligation to repay a benefit, or to pay a debt, or to keep a promise, presupposes a previous act of another; whereas the obliga- tion to speak the truth or not to harm another does not; and, again, the obligation to remove our timidity involves no relations to others at all. Yet, at any rate, an effective argumentum ad hominem3 is at hand in the fact that the various qualities which we recognize as good are equally unrelated— for example, courage, humility, and interest in knowledge. If, as is plainly the case, agatha differ he-i agatha,4 why should not obligations equally differ qua5 their obligatoriness? Moreover if this were not so, there could in the end be only one obligation, which is palpably contrary to fact.6

Certain observations will help to make the view clearer. In the first place, it may seem that the view, being (as it is) avowedly

put forward [by me] in opposition to the view that what is right is derived from what is good, must itself involve the opposite of this, namely the Kantian7 position that what is good is based upon what is right—that is, that an act, if it be good, is good because it is right. But this is not so. For, on the view put forward [by me], the rightness of a right action lies solely in the origination in which the act consists, whereas the intrinsic goodness of an action lies solely in its motive; and this implies that a morally good action is morally good not simply because it is a right action but because it

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is a right action done because it is right, that is, from a sense of obligation. And this implication, it may be remarked incidentally, seems plainly true.

In the second place, [my] view involves that when, or rather so far as, we act from a sense of obligation, we have no purpose or end. By a “pur- pose” or “end” we really mean something the existence of which we desire, and desire of the existence of which leads us to act. Usually our purpose is something which the act will originate, as when we turn round in order to look at a picture. But it may [also] be the action itself (that is, the origina- tion of something), as when we hit a golf ball into a hole or kill someone out of revenge. Now if by a purpose we mean something the existence of which we desire and desire for which leads us to act, then plainly so far as we act from a sense of obligation, we have no purpose consisting either in the action itself or in anything which it will produce. This is so obvious that it scarcely seems worth pointing out. But I do so for two reasons. (1) If we fail to scrutinize the meaning of the terms “end” and “purpose,” we are apt to assume uncritically that all deliberate action (that is, action proper) must have a purpose; we then become puzzled both when we look for the purpose of an action done from a sense of obligation, and also when we try to apply to such an action the distinction of means and end, the truth all the time being that since there is no end, there is no means either. (2) The attempt to base the sense of obligation on the recognition of the goodness of something is really an attempt to find a purpose in a moral action in the shape of something good which, as good, we want. And the expectation that the goodness of something underlies an obliga- tion disappears as soon as we cease to look for a purpose.

The thesis, however, that so far as we act from a sense of obligation, we have no purpose, must not be misunderstood. It must not be taken either to mean or to imply that so far as we so act we have no motive. No doubt in ordinary speech the words “motive” and “purpose” are usually treated as correlatives, “motive” standing for the desire which induces us to act, and “purpose” standing for the object of this desire. But this is only because, when we are looking for the motive of some action, say some crime, we are usually presupposing that the act in question is prompted by a desire and not by the sense of obligation. At bottom, however, we mean by a motive what moves us to act.8 A sense of obligation does sometimes move us to act, and in our ordinary consciousness we should not hesitate to allow that the action we were considering might have had as its motive a sense of obligation. Desire and the sense of obligation are coordinate forms or species of motive.

In the third place, if the view put forward be right, we must sharply distinguish morality and virtue as independent, though related, species of goodness, neither being an aspect of something of which the other is an aspect, nor again a form or species of the other, nor again something deducible from the other; and we must at the same time allow that it is

56 ANALYZING MORAL ISSUES - Vol. 1 Does Moral Philosophy Rest on a Mistake? (selection): Reading

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics50 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

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possible to do the same act either virtuously or morally or in both ways at once. And surely this is true. An act, to be virtuous, must, as Aristotle saw, be done willingly or with pleasure; as such it is not just done from a sense of obligation but from some desire which is intrinsically good, as arising from some intrinsically good emotion. Thus in an act of generosity the motive is the desire to help another arising from sympathy with that other; in an act which is courageous and no more (that is, in an act which is not at the same time an act of public spirit or family affection or the like), we prevent ourselves from being dominated by a feeling of terror, desiring to do so from a sense of shame at being terrified. The goodness of such an act is different from the goodness of an act to which we apply the term “moral” in the strict and narrow sense, namely, an act done from a sense of obligation. Its goodness lies in the intrinsic goodness of the emotion and the consequent desire under which we act, the goodness of this motive being different from the goodness of the moral motive proper, namely, the sense of duty or obligation. Nevertheless, at any rate in certain cases, an act can be done either virtuously or morally or in both ways at once. It is possible to repay a benefit either from desire to repay it, or from the feeling that we ought to do so, or from both motives combined. A doctor may tend his patients either from a desire arising out of interest in his patients or in the exercise of skill, or from a sense of duty, or from a desire and a sense of duty combined. Further, although we recognize that in each case the act possesses an intrinsic goodness, we regard that action as the best in which both motives are combined; in other words, we regard as the really best man the man in whom virtue and morality are united.

It may be objected that the distinction between the two kinds of motive is untenable on the ground that the desire to repay a benefit, for example, is only the manifestation of that which manifests itself as the sense of obligation to repay whenever we think of something in the action which is other than the repayment and which we should not like, such as the loss or pain involved. Yet the distinction can, I think, easily be shown to be tenable. For, in the analogous case of revenge, the desire to return the injury and the sense that we ought not to do so, leading, as they do, in opposite directions, are plainly distinct; and the obviousness of the distinc- tion here seems to remove any difficulty in admitting the existence of a parallel distinction between the desire to return a benefit and the sense that we ought to return it.

Further, the view implies that an obligation can no more be based on or derived from a virtue than a virtue can be derived from an obligation, in which latter case a virtue would consist in carrying out an obligation. And the implication is surely true and important. Take the case of courage. It is untrue to urge that, since courage is a virtue, we ought to act coura- geously. It is and must be untrue because, as we see in the end, to feel an obligation to act courageously would involve a contradiction. For . . . we

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can only feel an obligation to act; we cannot feel an obligation to act from a certain desire, in this case the desire to conquer one’s feelings of terror aris- ing from the sense of shame which they arouse. Moreover, if the sense of obligation to act in a particular way leads to an action, the action will be an action done from a sense of obligation, and therefore not, if the above analysis of virtue be right, an act of courage.

The mistake of supposing that there can be an obligation to act coura- geously seems to arise from two causes. In the first place, there is often an obligation to do that which involves the conquering or controlling our fear in the doing of it, for example, the obligation to walk along the side of a precipice to fetch a doctor for a member of our family. Here the act- ing on the obligation is externally, though only externally, the same as an act of courage proper. In the second place, there is an obligation to acquire courage (that is, to do such things as will enable us afterwards to act courageously), and this may be mistaken for an obligation to act coura- geously. The same considerations can, of course, be applied, mutatis mutandis,9 to the other virtues.

The fact, if it be a fact, that virtue is no basis for morality will explain what otherwise it is difficult to account for, namely, the extreme sense of dissatisfaction produced by a close reading of Aristotle’s [Nicomachean] Ethics. Why is the Ethics so disappointing? Not, I think, because it really answers two radically different questions as if they were one: (1) “What is the happy life?” (2) “What is the virtuous life?” It is, rather, because Aristo- tle does not do what we as moral philosophers want him to do—namely, to convince us that we really ought to do what in our nonreflective con- sciousness we have hitherto believed we ought to do; or, if not, to tell us what, if any, are the other things which we really ought to do, and to prove to us that he is right. Now if what I have just been contending is true, a sys- tematic account of the virtuous character cannot possibly satisfy this demand. At best it can only make clear to us the details of one of our obli- gations, namely, the obligation to make ourselves better men. But the achievement of this does not help us to discover what we ought to do in life as a whole and why; to think that it did would be to think that our only business in life was self-improvement. Hence it is not surprising that Aris- totle’s account of the good man strikes us as almost wholly of academic value, with little relation to our real demand. . . .

I am not, of course, criticizing Aristotle for failing to satisfy this demand, except so far as, here and there, he leads us to think that he intends to satisfy it. For my main contention is that the demand cannot be satisfied, and cannot be satisfied because it is illegitimate. Thus we are brought to the question: “Is there really such a thing as moral philosophy, and, if there is, in what sense?” . . .

The sense that we ought to do certain things arises in our unreflective consciousness, being an activity of moral thinking occasioned by the vari-

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51Abel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

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possible to do the same act either virtuously or morally or in both ways at once. And surely this is true. An act, to be virtuous, must, as Aristotle saw, be done willingly or with pleasure; as such it is not just done from a sense of obligation but from some desire which is intrinsically good, as arising from some intrinsically good emotion. Thus in an act of generosity the motive is the desire to help another arising from sympathy with that other; in an act which is courageous and no more (that is, in an act which is not at the same time an act of public spirit or family affection or the like), we prevent ourselves from being dominated by a feeling of terror, desiring to do so from a sense of shame at being terrified. The goodness of such an act is different from the goodness of an act to which we apply the term “moral” in the strict and narrow sense, namely, an act done from a sense of obligation. Its goodness lies in the intrinsic goodness of the emotion and the consequent desire under which we act, the goodness of this motive being different from the goodness of the moral motive proper, namely, the sense of duty or obligation. Nevertheless, at any rate in certain cases, an act can be done either virtuously or morally or in both ways at once. It is possible to repay a benefit either from desire to repay it, or from the feeling that we ought to do so, or from both motives combined. A doctor may tend his patients either from a desire arising out of interest in his patients or in the exercise of skill, or from a sense of duty, or from a desire and a sense of duty combined. Further, although we recognize that in each case the act possesses an intrinsic goodness, we regard that action as the best in which both motives are combined; in other words, we regard as the really best man the man in whom virtue and morality are united.

It may be objected that the distinction between the two kinds of motive is untenable on the ground that the desire to repay a benefit, for example, is only the manifestation of that which manifests itself as the sense of obligation to repay whenever we think of something in the action which is other than the repayment and which we should not like, such as the loss or pain involved. Yet the distinction can, I think, easily be shown to be tenable. For, in the analogous case of revenge, the desire to return the injury and the sense that we ought not to do so, leading, as they do, in opposite directions, are plainly distinct; and the obviousness of the distinc- tion here seems to remove any difficulty in admitting the existence of a parallel distinction between the desire to return a benefit and the sense that we ought to return it.

Further, the view implies that an obligation can no more be based on or derived from a virtue than a virtue can be derived from an obligation, in which latter case a virtue would consist in carrying out an obligation. And the implication is surely true and important. Take the case of courage. It is untrue to urge that, since courage is a virtue, we ought to act coura- geously. It is and must be untrue because, as we see in the end, to feel an obligation to act courageously would involve a contradiction. For . . . we

Does Moral Philosophy Rest on a Mistake? (selection): Reading 57 Abel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

© The McGraw−Hill Companies, 2006

can only feel an obligation to act; we cannot feel an obligation to act from a certain desire, in this case the desire to conquer one’s feelings of terror aris- ing from the sense of shame which they arouse. Moreover, if the sense of obligation to act in a particular way leads to an action, the action will be an action done from a sense of obligation, and therefore not, if the above analysis of virtue be right, an act of courage.

The mistake of supposing that there can be an obligation to act coura- geously seems to arise from two causes. In the first place, there is often an obligation to do that which involves the conquering or controlling our fear in the doing of it, for example, the obligation to walk along the side of a precipice to fetch a doctor for a member of our family. Here the act- ing on the obligation is externally, though only externally, the same as an act of courage proper. In the second place, there is an obligation to acquire courage (that is, to do such things as will enable us afterwards to act courageously), and this may be mistaken for an obligation to act coura- geously. The same considerations can, of course, be applied, mutatis mutandis,9 to the other virtues.

The fact, if it be a fact, that virtue is no basis for morality will explain what otherwise it is difficult to account for, namely, the extreme sense of dissatisfaction produced by a close reading of Aristotle’s [Nicomachean] Ethics. Why is the Ethics so disappointing? Not, I think, because it really answers two radically different questions as if they were one: (1) “What is the happy life?” (2) “What is the virtuous life?” It is, rather, because Aristo- tle does not do what we as moral philosophers want him to do—namely, to convince us that we really ought to do what in our nonreflective con- sciousness we have hitherto believed we ought to do; or, if not, to tell us what, if any, are the other things which we really ought to do, and to prove to us that he is right. Now if what I have just been contending is true, a sys- tematic account of the virtuous character cannot possibly satisfy this demand. At best it can only make clear to us the details of one of our obli- gations, namely, the obligation to make ourselves better men. But the achievement of this does not help us to discover what we ought to do in life as a whole and why; to think that it did would be to think that our only business in life was self-improvement. Hence it is not surprising that Aris- totle’s account of the good man strikes us as almost wholly of academic value, with little relation to our real demand. . . .

I am not, of course, criticizing Aristotle for failing to satisfy this demand, except so far as, here and there, he leads us to think that he intends to satisfy it. For my main contention is that the demand cannot be satisfied, and cannot be satisfied because it is illegitimate. Thus we are brought to the question: “Is there really such a thing as moral philosophy, and, if there is, in what sense?” . . .

The sense that we ought to do certain things arises in our unreflective consciousness, being an activity of moral thinking occasioned by the vari-

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics52 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

© The McGraw−Hill Companies, 2006

ous situations in which we find ourselves. At this stage our attitude to these obligations is one of unquestioning confidence. But inevitably the appreci- ation of the degree to which the execution of these obligations is contrary to our interest raises the doubt whether after all these obligations are really obligatory—that is, whether our sense that we ought not to do cer- tain things is not illusion. We then want to have it proved to us that we ought to do so—that is, to be convinced of this by a process which, as an argument, is different in kind from our original and unreflective apprecia- tion of it. This demand is . . . illegitimate.

Hence in the first place, if, as is almost universally the case, by moral philosophy is meant the knowledge which would satisfy this demand, there is no such knowledge, and all attempts to attain it are doomed to failure because they rest on a mistake, the mistake of supposing the possibility of proving what can only be apprehended directly by an act of moral think- ing. Nevertheless the demand, though illegitimate, is inevitable until we have carried the process of reflection far enough to realize the self-evidence of our obligations—that is, the immediacy of our apprehension of them. This realization of their self-evidence is positive knowledge, and so far, and so far only, as the term “moral philosophy” is confined to this knowledge and to the knowledge of the parallel immediacy of the apprehension of the goodness of the various virtues and of good dispositions generally, is there such a thing as moral philosophy. But since this knowledge may allay doubts which often affect the whole conduct of life, it is, though not extensive, important, and even vitally important.

In the second place, suppose we come genuinely to doubt whether we ought, for example, to pay our debts owing to a genuine doubt whether our previous conviction that we ought to do so is true—a doubt which can, in fact, only arise if we fail to remember the real nature of what we now call our past conviction. The only remedy lies in actually getting into a sit- uation which occasions the obligation, or—if our imagination be strong enough—in imagining ourselves in that situation, and then letting our moral capacities of thinking do their work. Or, to put the matter gener- ally, if we do doubt whether there is really an obligation to originate A in a situation B, the remedy lies not in any process of general thinking, but in getting face to face with a particular instance of the situation B, and then directly appreciating the obligation to originate A in that situation.

� N O T E S

1. owing: to be paid [D. C. Abel, editor] 2. For Prichard, for an activity to be moral, and not merely ethical, it must

be done from a sense of obligation. [D. C. Abel] 3. argumentum ad hominem: (Latin, “argument to the person”) an

argument directed not against an opponent’s contention, but against

Does Moral Philosophy Rest on a Mistake? (selection): Reading 59 Abel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

© The McGraw−Hill Companies, 2006

the opponent himself or herself (here, Prichard’s argument directed not against his opponent’s point that the various things called obligations are unrelated, but against his opponent’s acceptance of the fact that the various things called good are equally unrelated) [D. C. Abel]

4. agatha differ he-i agatha: good things differ in the way they are good (agatha is Greek for “good things”; he-i is Greek for “as”) [D. C. Abel]

5. qua: in respect to [D. C. Abel] 6. Two other objections may be anticipated: (1) that obligations cannot

be self-evident, since many actions regarded as obligations by some are not so regarded by others; and (2) that if obligations are self-evident, the problem of how we ought to act in the presence of conflicting obligations is insoluble. To the first I should reply: (a) that the appreciation of an obligation is, of course, only possible for a developed moral being, and that different degrees of development are possible; (b) that the failure to recognize some particular obligation is usually due to the fact that, owing to a lack of thoughtfulness . . . , the preliminaries to this recognition are incomplete; (c) that the view put forward is consistent with the admission that, owing to a lack of thoughtfulness, even the best men are blind to many of their obligations, and that in the end our obligations are seen to be coextensive with almost the whole of our life. To the second objection I should reply that obligation admits of degrees, and that where obligations conflict, the decision of what we ought to do turns not on the question “Which of the alternative courses of action will originate the greater good?” but on the question “Which is the greater obligation?” [H. A. Prichard]

7. Kantian: relating to the German philosopher Immanuel Kant (1724–1804) [D. C. Abel]

8. The word “motive” derives from the Latin movere, “to move.” [D. C. Abel] 9. mutatis mutandis: (Latin) with the necessary changes being made

[D. C. Abel]

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

53Abel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

© The McGraw−Hill Companies, 2006

ous situations in which we find ourselves. At this stage our attitude to these obligations is one of unquestioning confidence. But inevitably the appreci- ation of the degree to which the execution of these obligations is contrary to our interest raises the doubt whether after all these obligations are really obligatory—that is, whether our sense that we ought not to do cer- tain things is not illusion. We then want to have it proved to us that we ought to do so—that is, to be convinced of this by a process which, as an argument, is different in kind from our original and unreflective apprecia- tion of it. This demand is . . . illegitimate.

Hence in the first place, if, as is almost universally the case, by moral philosophy is meant the knowledge which would satisfy this demand, there is no such knowledge, and all attempts to attain it are doomed to failure because they rest on a mistake, the mistake of supposing the possibility of proving what can only be apprehended directly by an act of moral think- ing. Nevertheless the demand, though illegitimate, is inevitable until we have carried the process of reflection far enough to realize the self-evidence of our obligations—that is, the immediacy of our apprehension of them. This realization of their self-evidence is positive knowledge, and so far, and so far only, as the term “moral philosophy” is confined to this knowledge and to the knowledge of the parallel immediacy of the apprehension of the goodness of the various virtues and of good dispositions generally, is there such a thing as moral philosophy. But since this knowledge may allay doubts which often affect the whole conduct of life, it is, though not extensive, important, and even vitally important.

In the second place, suppose we come genuinely to doubt whether we ought, for example, to pay our debts owing to a genuine doubt whether our previous conviction that we ought to do so is true—a doubt which can, in fact, only arise if we fail to remember the real nature of what we now call our past conviction. The only remedy lies in actually getting into a sit- uation which occasions the obligation, or—if our imagination be strong enough—in imagining ourselves in that situation, and then letting our moral capacities of thinking do their work. Or, to put the matter gener- ally, if we do doubt whether there is really an obligation to originate A in a situation B, the remedy lies not in any process of general thinking, but in getting face to face with a particular instance of the situation B, and then directly appreciating the obligation to originate A in that situation.

� N O T E S

1. owing: to be paid [D. C. Abel, editor] 2. For Prichard, for an activity to be moral, and not merely ethical, it must

be done from a sense of obligation. [D. C. Abel] 3. argumentum ad hominem: (Latin, “argument to the person”) an

argument directed not against an opponent’s contention, but against

Does Moral Philosophy Rest on a Mistake? (selection): Reading 59 Abel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

© The McGraw−Hill Companies, 2006

the opponent himself or herself (here, Prichard’s argument directed not against his opponent’s point that the various things called obligations are unrelated, but against his opponent’s acceptance of the fact that the various things called good are equally unrelated) [D. C. Abel]

4. agatha differ he-i agatha: good things differ in the way they are good (agatha is Greek for “good things”; he-i is Greek for “as”) [D. C. Abel]

5. qua: in respect to [D. C. Abel] 6. Two other objections may be anticipated: (1) that obligations cannot

be self-evident, since many actions regarded as obligations by some are not so regarded by others; and (2) that if obligations are self-evident, the problem of how we ought to act in the presence of conflicting obligations is insoluble. To the first I should reply: (a) that the appreciation of an obligation is, of course, only possible for a developed moral being, and that different degrees of development are possible; (b) that the failure to recognize some particular obligation is usually due to the fact that, owing to a lack of thoughtfulness . . . , the preliminaries to this recognition are incomplete; (c) that the view put forward is consistent with the admission that, owing to a lack of thoughtfulness, even the best men are blind to many of their obligations, and that in the end our obligations are seen to be coextensive with almost the whole of our life. To the second objection I should reply that obligation admits of degrees, and that where obligations conflict, the decision of what we ought to do turns not on the question “Which of the alternative courses of action will originate the greater good?” but on the question “Which is the greater obligation?” [H. A. Prichard]

7. Kantian: relating to the German philosopher Immanuel Kant (1724–1804) [D. C. Abel]

8. The word “motive” derives from the Latin movere, “to move.” [D. C. Abel] 9. mutatis mutandis: (Latin) with the necessary changes being made

[D. C. Abel]

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics54 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

© The McGraw−Hill Companies, 2006

Does Moral Philosophy Rest on a Mistake? H. A. Prichard

Reading Questions

According to Prichard:

1. What two preliminary steps may be necessary before we can intuitively appreciate the rightness of an action?

2. What is required for a morally good action, in addition to the action’s being right?

3. Does an action done from a sense of obligation have a purpose (end, goal)? Does it have a motive?

4. How does a virtuous action differ from a moral action? Why cannot there be an obligation to act virtuously?

5. Why is it a mistake to expect moral philosophy to prove through argumentation that we ought to fulfill our obligations? What can we expect moral philosophy to provide?

Discussion Questions

In your own view:

1. Is the moral rightness of an action known through a reasoning process, or is it known through direct intuition?

2. Will everyone who takes the proper preliminary steps have the same moral intuition about the rightness of a particular action? If so, what are the proper preliminary steps?

3. Is an action morally good only if done from a sense of obligation?

4. Can an action be morally good without being virtuous? Can it be virtuous without being morally good?

5. Is it possible to prove through argumentation that we ought to fulfill our obligations?

Does Moral Philosophy Rest on a Mistake? (selection): Reading 61 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

The Guest

Albert Camus

Albert Camus was born in 1913 in Mondavi, Algeria. When he was less than a year old, his father was killed in a battle in World War I. His mother then moved the family to Algiers, where Albert attended primary and secondary school. He later enrolled in the University of Algiers, where his academic interests were literature, theater, and philoso- phy and he supported himself by doing odd jobs. His social concern led him to join briefly the Algerian Communist Party (1934 – 1935). Additionally, he founded an ama- teur theater and began writing and producing plays. Camus graduated from the Uni- versity of Algiers in 1936 with a degree in philosophy. He then pursued a career as a journalist, working first in Algiers and then, for a brief time, in Paris. In 1940 he re- turned to Algiers and taught in a private school. Two years later he went back to Paris, writing for the leftist newspaper Combat and serving as its editor from 1944 to 1947. While holding these various jobs, Camus also wrote and published essays, novels, and plays. From 1947 on, he devoted himself full-time to writing — and was awarded the Nobel Prize for literature in 1957. Camus died in an automobile accident near Sens, France, in 1960.

Camus’s major works are Caligula (play; written 1938, published 1945), The Stranger (novel, 1942), The Myth of Sisyphus (essay, 1942), The Plague (novel, 1947), The Rebel (essay, 1951), The Fall (novel, 1956), and The Possessed (play, 1959).

Our reading is Camus’s short story ‘‘The Guest,’’ published in 1957 in his collec- tion of stories entitled Exile and the Kingdom. The story is set in a schoolhouse in a re- mote region of Algeria. A gendarme brings a ‘‘guest’’ to the teacher, Daru. The guest is an Arab who is in custody because he has killed one of his cousins. Daru is ordered to deliver the Arab the next day to the police headquarters in the town of Tinguit, about twenty kilometers away. Daru reluctantly accepts the assignment and the Arab spends the night in the schoolhouse, making no attempt to escape. The next day, after taking the prisoner part of the way to Tinguit, Daru gives him a supply of food and money and points out the way to Tinguit and the way to a group of nomads who will shelter and provide for him. Daru leaves, allowing the prisoner to make his decision. The story illustrates Camus’s philosophical view that we, like Daru and the Arab, must make moral choices even though we have no solid criterion for determining what is right and what is wrong.

The schoolmaster was watching the two men climb toward him. One was on horseback, the other on foot. They had not yet tackled the abrupt rise lead- ing to the schoolhouse built on the hillside. They were toiling onward, mak- ing slow progress in the snow, among the stones, on the vast expanse of the high deserted plateau. From time to time the horse stumbled. Without hear- ing anything yet, he could see the breath issuing from the horse’s nostrils. One of the men, at least, knew the region. They were following the trail although it had disappeared two days ago under a layer of dirty white snow.

From Exile and the Kingdom by Albert Camus, translated by Justin O’Brien. Copyright © 1957, 1958 by Alfred A. Knopf, Inc. Reprinted by permission of Alfred A. Knopf, Inc.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

55The Guest (complete): ReadingAbel: Discourses Ethical Theories H. A. Prichard, ‘‘Does Moral Philosophy Rest on a Mistake?’’ (selection)

© The McGraw−Hill Companies, 2006

Does Moral Philosophy Rest on a Mistake? H. A. Prichard

Reading Questions

According to Prichard:

1. What two preliminary steps may be necessary before we can intuitively appreciate the rightness of an action?

2. What is required for a morally good action, in addition to the action’s being right?

3. Does an action done from a sense of obligation have a purpose (end, goal)? Does it have a motive?

4. How does a virtuous action differ from a moral action? Why cannot there be an obligation to act virtuously?

5. Why is it a mistake to expect moral philosophy to prove through argumentation that we ought to fulfill our obligations? What can we expect moral philosophy to provide?

Discussion Questions

In your own view:

1. Is the moral rightness of an action known through a reasoning process, or is it known through direct intuition?

2. Will everyone who takes the proper preliminary steps have the same moral intuition about the rightness of a particular action? If so, what are the proper preliminary steps?

3. Is an action morally good only if done from a sense of obligation?

4. Can an action be morally good without being virtuous? Can it be virtuous without being morally good?

5. Is it possible to prove through argumentation that we ought to fulfill our obligations?

Does Moral Philosophy Rest on a Mistake? (selection): Reading 61 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

The Guest

Albert Camus

Albert Camus was born in 1913 in Mondavi, Algeria. When he was less than a year old, his father was killed in a battle in World War I. His mother then moved the family to Algiers, where Albert attended primary and secondary school. He later enrolled in the University of Algiers, where his academic interests were literature, theater, and philoso- phy and he supported himself by doing odd jobs. His social concern led him to join briefly the Algerian Communist Party (1934 – 1935). Additionally, he founded an ama- teur theater and began writing and producing plays. Camus graduated from the Uni- versity of Algiers in 1936 with a degree in philosophy. He then pursued a career as a journalist, working first in Algiers and then, for a brief time, in Paris. In 1940 he re- turned to Algiers and taught in a private school. Two years later he went back to Paris, writing for the leftist newspaper Combat and serving as its editor from 1944 to 1947. While holding these various jobs, Camus also wrote and published essays, novels, and plays. From 1947 on, he devoted himself full-time to writing — and was awarded the Nobel Prize for literature in 1957. Camus died in an automobile accident near Sens, France, in 1960.

Camus’s major works are Caligula (play; written 1938, published 1945), The Stranger (novel, 1942), The Myth of Sisyphus (essay, 1942), The Plague (novel, 1947), The Rebel (essay, 1951), The Fall (novel, 1956), and The Possessed (play, 1959).

Our reading is Camus’s short story ‘‘The Guest,’’ published in 1957 in his collec- tion of stories entitled Exile and the Kingdom. The story is set in a schoolhouse in a re- mote region of Algeria. A gendarme brings a ‘‘guest’’ to the teacher, Daru. The guest is an Arab who is in custody because he has killed one of his cousins. Daru is ordered to deliver the Arab the next day to the police headquarters in the town of Tinguit, about twenty kilometers away. Daru reluctantly accepts the assignment and the Arab spends the night in the schoolhouse, making no attempt to escape. The next day, after taking the prisoner part of the way to Tinguit, Daru gives him a supply of food and money and points out the way to Tinguit and the way to a group of nomads who will shelter and provide for him. Daru leaves, allowing the prisoner to make his decision. The story illustrates Camus’s philosophical view that we, like Daru and the Arab, must make moral choices even though we have no solid criterion for determining what is right and what is wrong.

The schoolmaster was watching the two men climb toward him. One was on horseback, the other on foot. They had not yet tackled the abrupt rise lead- ing to the schoolhouse built on the hillside. They were toiling onward, mak- ing slow progress in the snow, among the stones, on the vast expanse of the high deserted plateau. From time to time the horse stumbled. Without hear- ing anything yet, he could see the breath issuing from the horse’s nostrils. One of the men, at least, knew the region. They were following the trail although it had disappeared two days ago under a layer of dirty white snow.

From Exile and the Kingdom by Albert Camus, translated by Justin O’Brien. Copyright © 1957, 1958 by Alfred A. Knopf, Inc. Reprinted by permission of Alfred A. Knopf, Inc.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics56 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

The schoolmaster calculated that it would take them half an hour to get onto the hill. It was cold; he went back into the school to get a sweater.

He crossed the empty, frigid classroom. On the blackboard the four rivers of France, drawn with four different colored chalks, had been flowing toward their estuaries for the past three days. Snow had suddenly fallen in mid-October after eight months of drought without the transition of rain, and the twenty pupils, more or less, who lived in the villages scattered over the plateau had stopped coming. With fair weather they would return. Daru now heated only the single room that was his lodging, adjoining the classroom and giving also onto the plateau to the east. Like the class win- dows, his window looked to the south too. On that side the school was a few kilometers from the point where the plateau began to slope toward the south. In clear weather could be seen the purple mass of the mountain range where the gap opened onto the desert.

Somewhat warmed, Daru returned to the window from which he had first seen the two men. They were no longer visible. Hence they must have tackled the rise. The sky was not so dark, for the snow had stopped falling during the night. The morning had opened with a dirty light which had scarcely become brighter as the ceiling of clouds lifted. At two in the after- noon it seemed as if the day were merely beginning. But still this was better than those three days when the thick snow was falling amidst unbroken darkness with little gusts of wind that rattled the double door of the classroom. Then Daru had spent long hours in his room, leaving it only to go to the shed and feed the chickens or get some coal. Fortunately the delivery truck from Tadjid, the nearest village to the north, had brought his supplies two days before the blizzard. It would return in forty-eight hours.

Besides, he had enough to resist a siege, for the little room was cluttered with bags of wheat that the administration left as a stock to distribute to those of his pupils whose families had suffered from the drought. Actually they had all been victims because they were all poor. Every day Daru would dis- tribute a ration to the children. They had missed it, he knew, during these bad days. Possibly one of the fathers or big brothers would come this after- noon and he could supply them with grain. It was just a matter of carrying them over to the next harvest. Now shiploads of wheat were arriving from France and the worst was over. But it would be hard to forget that poverty, that army of ragged ghosts wandering in the sunlight, the plateaus burned to a cinder month after month, the earth shriveled up little by little, literally scorched, every stone bursting into dust under one’s foot. The sheep had died then by thousands and even a few men, here and there, sometimes without anyone’s knowing.

In contrast with such poverty, he who lived almost like a monk in his remote schoolhouse, nonetheless satisfied with the life he had and with the rough life, had felt like a lord with his whitewashed walls, his narrow couch, his unpainted shelves, his well, and his weekly provision of water and food.

The Guest (complete): Reading 63 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

And suddenly this snow, without warning, without the foretaste of rain. This is the way the region was, cruel to live in, even without men — who didn’t help matters either. But Daru had been born here. Everywhere else, he felt exiled.

He stepped out onto the terrace in front of the schoolhouse. The two men were now halfway up the slope. He recognized the horseman as Bal- ducci, the old gendarme he had known for a long time. Balducci was hold- ing on the end of a rope an Arab who was walking behind him with hands bound and head lowered. The gendarme waved a greeting to which Daru did not reply, lost as he was in contemplation of the Arab dressed in a faded blue jellaba,1 his feet in sandals but covered with socks of heavy raw wool, his head surmounted by a narrow, short chèche.2 They were approaching. Bal- ducci was holding back his horse in order not to hurt the Arab, and the group was advancing slowly.

Within earshot, Balducci shouted: ‘‘One hour to do the three kilometers from El Ameur!’’ Daru did not answer. Short and square in his thick sweater, he watched them climb. Not once had the Arab raised his head. ‘‘Hello,’’ said Daru when they got up onto the terrace. ‘‘Come in and warm up.’’ Balducci painfully got down from his horse without letting go the rope. From under his bristling mustache he smiled at the schoolmaster. His little dark eyes, deep-set under a tanned forehead, and his mouth surrounded with wrinkles made him look attentive and studious. Daru took the bridle, led the horse to the shed, and came back to the two men, who were now waiting for him in the school. He led them into his room. ‘‘I am going to heat up the classroom,’’ he said. ‘‘We’ll be more comfortable there.’’ When he entered the room again, Balducci was on the couch. He had undone the rope tying him to the Arab, who had squatted near the stove. His hands still bound, the chèche pushed back on his head, he was looking toward the win- dow. At first Daru noticed only his huge lips, fat, smooth, almost Negroid; yet his nose was straight, his eyes were dark and full of fever. The chèche revealed an obstinate forehead and, under the weathered skin now rather discolored by the cold, the whole face had a restless and rebellious look that struck Daru when the Arab, turning his face toward him, looked him straight in the eyes. ‘‘Go into the other room,’’ said the schoolmaster, ‘‘and I’ll make you some mint tea.’’ ‘‘Thanks,’’ Balducci said. ‘‘What a chore! How I long for retire- ment.’’ And addressing his prisoner in Arabic: ‘‘Come on, you.’’ The Arab got up and, slowly, holding his bound wrists in front of him, went into the classroom.

With the tea, Daru brought a chair. But Balducci was already enthroned on the nearest pupil’s desk and the Arab had squatted against the teacher’s platform facing the stove, which stood between the desk and the window. When he held out the glass of tea to the prisoner, Daru hesitated at the sight of his bound hands. ‘‘He might perhaps be untied.’’ ‘‘Sure,’’ said Balducci. ‘‘That was for the trip.’’ He started to get to his feet. But Daru, setting the

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03_bos5511X_int_p001-068.indd 56 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

57The Guest (complete): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

The schoolmaster calculated that it would take them half an hour to get onto the hill. It was cold; he went back into the school to get a sweater.

He crossed the empty, frigid classroom. On the blackboard the four rivers of France, drawn with four different colored chalks, had been flowing toward their estuaries for the past three days. Snow had suddenly fallen in mid-October after eight months of drought without the transition of rain, and the twenty pupils, more or less, who lived in the villages scattered over the plateau had stopped coming. With fair weather they would return. Daru now heated only the single room that was his lodging, adjoining the classroom and giving also onto the plateau to the east. Like the class win- dows, his window looked to the south too. On that side the school was a few kilometers from the point where the plateau began to slope toward the south. In clear weather could be seen the purple mass of the mountain range where the gap opened onto the desert.

Somewhat warmed, Daru returned to the window from which he had first seen the two men. They were no longer visible. Hence they must have tackled the rise. The sky was not so dark, for the snow had stopped falling during the night. The morning had opened with a dirty light which had scarcely become brighter as the ceiling of clouds lifted. At two in the after- noon it seemed as if the day were merely beginning. But still this was better than those three days when the thick snow was falling amidst unbroken darkness with little gusts of wind that rattled the double door of the classroom. Then Daru had spent long hours in his room, leaving it only to go to the shed and feed the chickens or get some coal. Fortunately the delivery truck from Tadjid, the nearest village to the north, had brought his supplies two days before the blizzard. It would return in forty-eight hours.

Besides, he had enough to resist a siege, for the little room was cluttered with bags of wheat that the administration left as a stock to distribute to those of his pupils whose families had suffered from the drought. Actually they had all been victims because they were all poor. Every day Daru would dis- tribute a ration to the children. They had missed it, he knew, during these bad days. Possibly one of the fathers or big brothers would come this after- noon and he could supply them with grain. It was just a matter of carrying them over to the next harvest. Now shiploads of wheat were arriving from France and the worst was over. But it would be hard to forget that poverty, that army of ragged ghosts wandering in the sunlight, the plateaus burned to a cinder month after month, the earth shriveled up little by little, literally scorched, every stone bursting into dust under one’s foot. The sheep had died then by thousands and even a few men, here and there, sometimes without anyone’s knowing.

In contrast with such poverty, he who lived almost like a monk in his remote schoolhouse, nonetheless satisfied with the life he had and with the rough life, had felt like a lord with his whitewashed walls, his narrow couch, his unpainted shelves, his well, and his weekly provision of water and food.

The Guest (complete): Reading 63 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

And suddenly this snow, without warning, without the foretaste of rain. This is the way the region was, cruel to live in, even without men — who didn’t help matters either. But Daru had been born here. Everywhere else, he felt exiled.

He stepped out onto the terrace in front of the schoolhouse. The two men were now halfway up the slope. He recognized the horseman as Bal- ducci, the old gendarme he had known for a long time. Balducci was hold- ing on the end of a rope an Arab who was walking behind him with hands bound and head lowered. The gendarme waved a greeting to which Daru did not reply, lost as he was in contemplation of the Arab dressed in a faded blue jellaba,1 his feet in sandals but covered with socks of heavy raw wool, his head surmounted by a narrow, short chèche.2 They were approaching. Bal- ducci was holding back his horse in order not to hurt the Arab, and the group was advancing slowly.

Within earshot, Balducci shouted: ‘‘One hour to do the three kilometers from El Ameur!’’ Daru did not answer. Short and square in his thick sweater, he watched them climb. Not once had the Arab raised his head. ‘‘Hello,’’ said Daru when they got up onto the terrace. ‘‘Come in and warm up.’’ Balducci painfully got down from his horse without letting go the rope. From under his bristling mustache he smiled at the schoolmaster. His little dark eyes, deep-set under a tanned forehead, and his mouth surrounded with wrinkles made him look attentive and studious. Daru took the bridle, led the horse to the shed, and came back to the two men, who were now waiting for him in the school. He led them into his room. ‘‘I am going to heat up the classroom,’’ he said. ‘‘We’ll be more comfortable there.’’ When he entered the room again, Balducci was on the couch. He had undone the rope tying him to the Arab, who had squatted near the stove. His hands still bound, the chèche pushed back on his head, he was looking toward the win- dow. At first Daru noticed only his huge lips, fat, smooth, almost Negroid; yet his nose was straight, his eyes were dark and full of fever. The chèche revealed an obstinate forehead and, under the weathered skin now rather discolored by the cold, the whole face had a restless and rebellious look that struck Daru when the Arab, turning his face toward him, looked him straight in the eyes. ‘‘Go into the other room,’’ said the schoolmaster, ‘‘and I’ll make you some mint tea.’’ ‘‘Thanks,’’ Balducci said. ‘‘What a chore! How I long for retire- ment.’’ And addressing his prisoner in Arabic: ‘‘Come on, you.’’ The Arab got up and, slowly, holding his bound wrists in front of him, went into the classroom.

With the tea, Daru brought a chair. But Balducci was already enthroned on the nearest pupil’s desk and the Arab had squatted against the teacher’s platform facing the stove, which stood between the desk and the window. When he held out the glass of tea to the prisoner, Daru hesitated at the sight of his bound hands. ‘‘He might perhaps be untied.’’ ‘‘Sure,’’ said Balducci. ‘‘That was for the trip.’’ He started to get to his feet. But Daru, setting the

64 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 57 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics58 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

glass on the floor, had knelt beside the Arab. Without saying anything, the Arab watched him with his feverish eyes. Once his hands were free, he rubbed his swollen wrists against each other, took the glass of tea, and sucked up the burning liquid in swift little sips.

‘‘Good,’’ said Daru. ‘‘And where are you headed?’’ Balducci withdrew his mustache from the tea. ‘‘Here, son.’’ ‘‘Odd pupils! And you’re spending the night?’’ ‘‘No. I’m going back to El Ameur. And you will deliver this fellow to

Tinguit. He is expected at police headquarters.’’ Balducci was looking at Daru with a friendly little smile. ‘‘What’s this story?’’ asked the schoolmaster. ‘‘Are you pulling my leg?’’ ‘‘No, son. Those are the orders.’’ ‘‘The orders? I’m not . . .’’ Daru hesitated, not wanting to hurt the old

Corsican. ‘‘I mean, that’s not my job.’’ ‘‘What! What’s the meaning of that? In wartime people do all kinds of

jobs.’’ ‘‘Then I’ll wait for the declaration of war!’’ Balducci nodded. ‘‘O.K. But the orders exist and they concern you too. Things are brew-

ing, it appears. There is talk of a forthcoming revolt. We are mobilized, in a way.’’

Daru still had his obstinate look. ‘‘Listen, son,’’ Balducci said. ‘‘I like you and you must understand.

There’s only a dozen of us at El Ameur to patrol throughout the whole territory of a small department and I must get back in a hurry. I was told to hand this guy over to you and return without delay. He couldn’t be kept there. His village was beginning to stir; they wanted to take him back. You must take him to Tinguit tomorrow before the day is over. Twenty kilometers shouldn’t faze a husky fellow like you. After that, all will be over. You’ll come back to your pupils and your comfortable life.’’

Behind the wall the horse could be heard snorting and pawing the earth. Daru was looking out the window. Decidedly, the weather was clear- ing and the light was increasing over the snowy plateau. When all the snow was melted, the sun would take over again and once more would burn the fields of stone. For days, still, the unchanging sky would shed its dry light on the solitary expanse where nothing had any connection with man.

‘‘After all,’’ he said, turning around toward Balducci, ‘‘what did he do?’’ And, before the gendarme had opened his mouth, he asked: ‘‘Does he speak French?’’

‘‘No, not a word. We had been looking for him for a month, but they were hiding him. He killed his cousin.’’

‘‘Is he against us?’’ ‘‘I don’t think so. But you can never be sure.’’

The Guest (complete): Reading 65 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

‘‘Why did he kill?’’ ‘‘A family squabble, I think: One owed the other grain, it seems. It’s not

at all clear. In short, he killed his cousin with a billhook. You know, like a sheep, kreezk! ’’

Balducci made the gesture of drawing a blade across his throat and the Arab, his attention attracted, watched him with a sort of anxiety. Daru felt a sudden wrath against the man, against all men with their rotten spite, their tireless hates, their blood lust.

But the kettle was singing on the stove. He served Balducci more tea, hesitated, then served the Arab again, who, a second time, drank avidly. His raised arms made the jellaba fall open and the schoolmaster saw his thin, muscular chest.

‘‘Thanks, kid,’’ Balducci said. ‘‘And now, I’m off.’’ He got up and went toward the Arab, taking a small rope from his

pocket. ‘‘What are you doing?’’ Daru asked dryly. Balducci, disconcerted, showed him the rope. ‘‘Don’t bother.’’ The old gendarme hesitated. ‘‘It’s up to you. Of course, you are armed?’’ ‘‘I have my shotgun.’’ ‘‘Where?’’ ‘‘In the trunk.’’ ‘‘You ought to have it near your bed.’’ ‘‘Why? I have nothing to fear.’’ ‘‘You’re crazy, son. If there’s an uprising, no one is safe, we’re all in the

same boat.’’ ‘‘I’ll defend myself. I’ll have time to see them coming.’’ Balducci began to laugh, then suddenly the mustache covered the white

teeth. ‘‘You’ll have time? O.K. That’s just what I was saying. You have always

been a little cracked. That’s way I like you, my son was like that.’’ At the same time he took out his revolver and put it on the desk. ‘‘Keep it; I don’t need two weapons from here to El Ameur.’’ The revolver shone against the black paint of the table. When the gen-

darme turned toward him, the schoolmaster caught the smell of leather and horse-flesh.

‘‘Listen, Balducci,’’ Daru said suddenly, ‘‘every bit of this disgusts me, and first of all your fellow here. But I won’t hand him over. Fight, yes, if I have to. But not that.’’

The old gendarme stood in front of him and looked at him severely. ‘‘You’re being a fool,’’ he said slowly. ‘‘I don’t like it either. You don’t

get used to putting a rope on a man even after years of it, and you’re even ashamed — yes, ashamed. But you can’t let them have their way.’’

‘‘I won’t hand him over,’’ Daru said again.

66 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 58 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

59The Guest (complete): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

glass on the floor, had knelt beside the Arab. Without saying anything, the Arab watched him with his feverish eyes. Once his hands were free, he rubbed his swollen wrists against each other, took the glass of tea, and sucked up the burning liquid in swift little sips.

‘‘Good,’’ said Daru. ‘‘And where are you headed?’’ Balducci withdrew his mustache from the tea. ‘‘Here, son.’’ ‘‘Odd pupils! And you’re spending the night?’’ ‘‘No. I’m going back to El Ameur. And you will deliver this fellow to

Tinguit. He is expected at police headquarters.’’ Balducci was looking at Daru with a friendly little smile. ‘‘What’s this story?’’ asked the schoolmaster. ‘‘Are you pulling my leg?’’ ‘‘No, son. Those are the orders.’’ ‘‘The orders? I’m not . . .’’ Daru hesitated, not wanting to hurt the old

Corsican. ‘‘I mean, that’s not my job.’’ ‘‘What! What’s the meaning of that? In wartime people do all kinds of

jobs.’’ ‘‘Then I’ll wait for the declaration of war!’’ Balducci nodded. ‘‘O.K. But the orders exist and they concern you too. Things are brew-

ing, it appears. There is talk of a forthcoming revolt. We are mobilized, in a way.’’

Daru still had his obstinate look. ‘‘Listen, son,’’ Balducci said. ‘‘I like you and you must understand.

There’s only a dozen of us at El Ameur to patrol throughout the whole territory of a small department and I must get back in a hurry. I was told to hand this guy over to you and return without delay. He couldn’t be kept there. His village was beginning to stir; they wanted to take him back. You must take him to Tinguit tomorrow before the day is over. Twenty kilometers shouldn’t faze a husky fellow like you. After that, all will be over. You’ll come back to your pupils and your comfortable life.’’

Behind the wall the horse could be heard snorting and pawing the earth. Daru was looking out the window. Decidedly, the weather was clear- ing and the light was increasing over the snowy plateau. When all the snow was melted, the sun would take over again and once more would burn the fields of stone. For days, still, the unchanging sky would shed its dry light on the solitary expanse where nothing had any connection with man.

‘‘After all,’’ he said, turning around toward Balducci, ‘‘what did he do?’’ And, before the gendarme had opened his mouth, he asked: ‘‘Does he speak French?’’

‘‘No, not a word. We had been looking for him for a month, but they were hiding him. He killed his cousin.’’

‘‘Is he against us?’’ ‘‘I don’t think so. But you can never be sure.’’

The Guest (complete): Reading 65 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

‘‘Why did he kill?’’ ‘‘A family squabble, I think: One owed the other grain, it seems. It’s not

at all clear. In short, he killed his cousin with a billhook. You know, like a sheep, kreezk! ’’

Balducci made the gesture of drawing a blade across his throat and the Arab, his attention attracted, watched him with a sort of anxiety. Daru felt a sudden wrath against the man, against all men with their rotten spite, their tireless hates, their blood lust.

But the kettle was singing on the stove. He served Balducci more tea, hesitated, then served the Arab again, who, a second time, drank avidly. His raised arms made the jellaba fall open and the schoolmaster saw his thin, muscular chest.

‘‘Thanks, kid,’’ Balducci said. ‘‘And now, I’m off.’’ He got up and went toward the Arab, taking a small rope from his

pocket. ‘‘What are you doing?’’ Daru asked dryly. Balducci, disconcerted, showed him the rope. ‘‘Don’t bother.’’ The old gendarme hesitated. ‘‘It’s up to you. Of course, you are armed?’’ ‘‘I have my shotgun.’’ ‘‘Where?’’ ‘‘In the trunk.’’ ‘‘You ought to have it near your bed.’’ ‘‘Why? I have nothing to fear.’’ ‘‘You’re crazy, son. If there’s an uprising, no one is safe, we’re all in the

same boat.’’ ‘‘I’ll defend myself. I’ll have time to see them coming.’’ Balducci began to laugh, then suddenly the mustache covered the white

teeth. ‘‘You’ll have time? O.K. That’s just what I was saying. You have always

been a little cracked. That’s way I like you, my son was like that.’’ At the same time he took out his revolver and put it on the desk. ‘‘Keep it; I don’t need two weapons from here to El Ameur.’’ The revolver shone against the black paint of the table. When the gen-

darme turned toward him, the schoolmaster caught the smell of leather and horse-flesh.

‘‘Listen, Balducci,’’ Daru said suddenly, ‘‘every bit of this disgusts me, and first of all your fellow here. But I won’t hand him over. Fight, yes, if I have to. But not that.’’

The old gendarme stood in front of him and looked at him severely. ‘‘You’re being a fool,’’ he said slowly. ‘‘I don’t like it either. You don’t

get used to putting a rope on a man even after years of it, and you’re even ashamed — yes, ashamed. But you can’t let them have their way.’’

‘‘I won’t hand him over,’’ Daru said again.

66 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 59 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics60 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

‘‘It’s an order, son, and I repeat it.’’ ‘‘That’s right. Repeat to them what I’ve said to you: I won’t hand him

over.’’ Balducci made a visible effort to reflect. He looked at the Arab and at

Daru. At last he decided. ‘‘No, I won’t tell them anything. If you want to drop us, go ahead; I’ll not

denounce you. I have an order to deliver the prisoner and I’m doing so. And now you’ll just sign this paper for me.’’

‘‘There’s no need. I’ll not deny that you left him with me.’’ ‘‘Don’t be mean with me. I know you’ll tell the truth. You’re from here-

abouts and you are a man. But you must sign, that’s the rule.’’ Daru opened his drawer, took out a little square bottle of purple ink, the

red wooden penholder with the ‘‘sergeant-major’’ pen he used for making models of penmanship, and signed. The gendarme carefully folded the paper and put it into his wallet. Then he moved toward the door.

‘‘I’ll see you off,’’ Daru said. ‘‘No,’’ said Balducci. ‘‘There’s no use being polite. You insulted me.’’ He looked at the Arab, motionless in the same spot, sniffed peevishly,

and turned away toward the door. ‘‘Good-by, son,’’ he said. The door shut behind him. Balducci appeared suddenly outside the window and then dis- appeared. His footsteps were muffled by the snow. The horse stirred on the other side of the wall and several chickens fluttered in fright. A moment later Balducci reappeared outside the window leading the horse by the bri- dle. He walked toward the little rise without turning around and disap- peared from sight with the horse following him. A big stone could be heard bouncing down. Daru walked back toward the prisoner, who, without stir- ring, never took his eyes off him. ‘‘Wait,’’ the schoolmaster said in Arabic and went toward the bedroom. As he was going through the door, he had a second thought, went to the desk, took the revolver, and stuck it in his pocket. Then, without looking back, he went into his room.

For some time he lay on his couch watching the sky gradually close over, listening to the silence. It was this silence that had seemed painful to him during the first few days here, after the war. He had requested a post in the little town at the base of the foothills separating the upper plateaus from the desert. There, rocky walls, green and black to the north, pink and lavender to the south, marked the frontier of eternal summer. He had been named to a post farther north, on the plateau itself. In the beginning, the solitude and the silence had been hard for him on these wastelands peopled only by stones. Occasionally, furrows suggested cultivation, but they had been dug to uncover a certain kind of stone good for building. The only plowing here was to harvest rocks. Elsewhere a thin layer of soil accumulated in the hol- lows would be scraped out to enrich paltry village gardens. This is the way it was: bare rock covered three quarters of the region. Towns sprang up, flour- ished, then disappeared; men came by, loved one another or fought bitterly,

The Guest (complete): Reading 67 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

then died. No one in this desert, neither he nor his guest, mattered. And yet, outside this desert neither of them, Daru knew, could have really lived.

When he got up, no noise came from the classroom. He was amazed at the unmixed joy he derived from the mere thought that the Arab might have fled and that he would be alone with no decision to make. But the prisoner was there. He had merely stretched out between the stove and the desk. With eyes open, he was staring at the ceiling. In that position, his thick lips were particularly noticeable, giving him a pouting look. ‘‘Come,’’ said Daru. The Arab got up and followed him. In the bedroom, the schoolmaster pointed to a chair near the table under the window. The Arab sat down without taking his eyes off Daru.

‘‘Are you hungry?’’ ‘‘Yes,’’ the prisoner said. Daru set the table for two. He took flour and oil, shaped a cake in a

frying pan, and lighted the little stove that functioned on bottled gas. While the cake was cooking, he went out to the shed to get cheese, eggs, dates, and condensed milk. When the cake was done he set it on the window sill to cool, heated some condensed milk diluted with water, and beat up the eggs into an omelette. In one of his motions he knocked against the revolver stuck in his right pocket. He set the bowl down, went into the classroom, and put the revolver in his desk drawer. When he came back to the room, night was falling. He put on the light and served the Arab. ‘‘Eat,’’ he said. The Arab took a piece of the cake, lifted it eagerly to his mouth, and stopped short.

‘‘And you?’’ he asked. ‘‘After you. I’ll eat too.’’ The thick lips opened slightly. The Arab hesitated, then bit into the cake

determinedly. The meal over, the Arab looked at the schoolmaster. ‘‘Are you the

judge?’’ ‘‘No, I’m simply keeping you until tomorrow.’’ ‘‘Why do you eat with me?’’ ‘‘I’m hungry.’’ The Arab fell silent. Daru got up and went out. He brought back a

folding bed from the shed, set it up between the table and the stove, perpen- dicular to his own bed. From a large suitcase which, upright in a corner, served as a shelf for papers, he took two blankets and arranged them on the camp bed. Then he stopped, felt useless, and sat down on his bed. There was nothing more to do or to get ready. He had to look at this man. He looked at him, therefore, trying to imagine his face bursting with rage. He couldn’t do so. He could see nothing but the dark yet shining eyes and the animal mouth.

‘‘Why did you kill him?’’ he asked in a voice whose hostile tone surprised him.

The Arab looked away.

68 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 60 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

61The Guest (complete): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

‘‘It’s an order, son, and I repeat it.’’ ‘‘That’s right. Repeat to them what I’ve said to you: I won’t hand him

over.’’ Balducci made a visible effort to reflect. He looked at the Arab and at

Daru. At last he decided. ‘‘No, I won’t tell them anything. If you want to drop us, go ahead; I’ll not

denounce you. I have an order to deliver the prisoner and I’m doing so. And now you’ll just sign this paper for me.’’

‘‘There’s no need. I’ll not deny that you left him with me.’’ ‘‘Don’t be mean with me. I know you’ll tell the truth. You’re from here-

abouts and you are a man. But you must sign, that’s the rule.’’ Daru opened his drawer, took out a little square bottle of purple ink, the

red wooden penholder with the ‘‘sergeant-major’’ pen he used for making models of penmanship, and signed. The gendarme carefully folded the paper and put it into his wallet. Then he moved toward the door.

‘‘I’ll see you off,’’ Daru said. ‘‘No,’’ said Balducci. ‘‘There’s no use being polite. You insulted me.’’ He looked at the Arab, motionless in the same spot, sniffed peevishly,

and turned away toward the door. ‘‘Good-by, son,’’ he said. The door shut behind him. Balducci appeared suddenly outside the window and then dis- appeared. His footsteps were muffled by the snow. The horse stirred on the other side of the wall and several chickens fluttered in fright. A moment later Balducci reappeared outside the window leading the horse by the bri- dle. He walked toward the little rise without turning around and disap- peared from sight with the horse following him. A big stone could be heard bouncing down. Daru walked back toward the prisoner, who, without stir- ring, never took his eyes off him. ‘‘Wait,’’ the schoolmaster said in Arabic and went toward the bedroom. As he was going through the door, he had a second thought, went to the desk, took the revolver, and stuck it in his pocket. Then, without looking back, he went into his room.

For some time he lay on his couch watching the sky gradually close over, listening to the silence. It was this silence that had seemed painful to him during the first few days here, after the war. He had requested a post in the little town at the base of the foothills separating the upper plateaus from the desert. There, rocky walls, green and black to the north, pink and lavender to the south, marked the frontier of eternal summer. He had been named to a post farther north, on the plateau itself. In the beginning, the solitude and the silence had been hard for him on these wastelands peopled only by stones. Occasionally, furrows suggested cultivation, but they had been dug to uncover a certain kind of stone good for building. The only plowing here was to harvest rocks. Elsewhere a thin layer of soil accumulated in the hol- lows would be scraped out to enrich paltry village gardens. This is the way it was: bare rock covered three quarters of the region. Towns sprang up, flour- ished, then disappeared; men came by, loved one another or fought bitterly,

The Guest (complete): Reading 67 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

then died. No one in this desert, neither he nor his guest, mattered. And yet, outside this desert neither of them, Daru knew, could have really lived.

When he got up, no noise came from the classroom. He was amazed at the unmixed joy he derived from the mere thought that the Arab might have fled and that he would be alone with no decision to make. But the prisoner was there. He had merely stretched out between the stove and the desk. With eyes open, he was staring at the ceiling. In that position, his thick lips were particularly noticeable, giving him a pouting look. ‘‘Come,’’ said Daru. The Arab got up and followed him. In the bedroom, the schoolmaster pointed to a chair near the table under the window. The Arab sat down without taking his eyes off Daru.

‘‘Are you hungry?’’ ‘‘Yes,’’ the prisoner said. Daru set the table for two. He took flour and oil, shaped a cake in a

frying pan, and lighted the little stove that functioned on bottled gas. While the cake was cooking, he went out to the shed to get cheese, eggs, dates, and condensed milk. When the cake was done he set it on the window sill to cool, heated some condensed milk diluted with water, and beat up the eggs into an omelette. In one of his motions he knocked against the revolver stuck in his right pocket. He set the bowl down, went into the classroom, and put the revolver in his desk drawer. When he came back to the room, night was falling. He put on the light and served the Arab. ‘‘Eat,’’ he said. The Arab took a piece of the cake, lifted it eagerly to his mouth, and stopped short.

‘‘And you?’’ he asked. ‘‘After you. I’ll eat too.’’ The thick lips opened slightly. The Arab hesitated, then bit into the cake

determinedly. The meal over, the Arab looked at the schoolmaster. ‘‘Are you the

judge?’’ ‘‘No, I’m simply keeping you until tomorrow.’’ ‘‘Why do you eat with me?’’ ‘‘I’m hungry.’’ The Arab fell silent. Daru got up and went out. He brought back a

folding bed from the shed, set it up between the table and the stove, perpen- dicular to his own bed. From a large suitcase which, upright in a corner, served as a shelf for papers, he took two blankets and arranged them on the camp bed. Then he stopped, felt useless, and sat down on his bed. There was nothing more to do or to get ready. He had to look at this man. He looked at him, therefore, trying to imagine his face bursting with rage. He couldn’t do so. He could see nothing but the dark yet shining eyes and the animal mouth.

‘‘Why did you kill him?’’ he asked in a voice whose hostile tone surprised him.

The Arab looked away.

68 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 61 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics62 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

‘‘He ran away. I ran after him.’’ He raised his eyes to Daru again and they were full of a sort of woeful

interrogation. ‘‘Now what will they do to me?’’ ‘‘Are you afraid?’’ He stiffened, turning his eyes away. ‘‘Are you sorry?’’ The Arab stared at him openmouthed. Obviously he did not under-

stand. Daru’s annoyance was growing. At the same time he felt awkward and self-conscious with his big body wedged between the two beds.

‘‘Lie down there,’’ he said impatiently. ‘‘That’s your bed.’’ The Arab didn’t move. He called to Daru: ‘‘Tell me!’’ The schoolmaster looked at him. ‘‘Is the gendarme coming back tomorrow?’’ ‘‘I don’t know.’’ ‘‘Are you coming with us?’’ ‘‘I don’t know. Why?’’ The prisoner got up and stretched out on top of the blankets, his feet

toward the window. The light from the electric bulb shone straight into his eyes and he closed them at once.

‘‘Why?’’ Daru repeated, standing beside the bed. The Arab opened his eyes under the blinding light and looked at him,

trying not to blink. ‘‘Come with us,’’ he said.

In the middle of the night, Daru was still not asleep. He had gone to bed after undressing completely; he generally slept naked. But when he suddenly realized that he had nothing on, he hesitated. He felt vulnerable and the temptation came to him to put his clothes back on. Then he shrugged his shoulders; after all, he wasn’t a child and, if need be, he could break his adversary in two. From his bed he could observe him, lying on his back, still motionless with his eyes closed under the harsh light. When Daru turned out the light, the darkness seemed to coagulate all of a sudden. Little by little, the night came back to life in the window where the starless sky was stirring gently. The schoolmaster soon made out the body lying at his feet. The Arab still did not move, but his eyes seemed open. A faint wind was prowling around the schoolhouse. Perhaps it would drive away the clouds and the sun would reappear.

During the night the wind increased. The hens fluttered a little and then were silent. The Arab turned over on his side with his back to Daru, who thought he heard him moan. Then he listened for his guest’s breathing, become heavier and more regular. He listened to that breath so close to him and mused without being able to go to sleep. In this room where he had been sleeping alone for a year, the presence bothered him. But it bothered him also by imposing on him a sort of brotherhood he knew well but refused

The Guest (complete): Reading 69 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

to accept in the present circumstances. Men who share the same rooms, soldiers or prisoners, develop a strange alliance as if, having cast off their armor with their clothing, they fraternized every evening, over and above their differences, in the ancient community of dream and fatigue. But Daru shook himself; he didn’t like such musings, and it was essential to sleep.

A little later, however, when the Arab stirred slightly, the schoolmaster was still not asleep. When the prisoner made a second move, he stiffened, on the alert. The Arab was lifting himself slowly on his arms with almost the motion of a sleepwalker. Seated upright in bed, he waited motionless with- out turning his head toward Daru, as if he were listening attentively. Daru did not stir; it had just occurred to him that the revolver was still in the drawer of his desk. It was better to act at once. Yet he continued to observe the prisoner, who, with the same slithery motion, put his feet on the ground, waited again, then began to stand up slowly. Daru was about to call out to him when the Arab began to walk, in a quite natural but extraordinarily silent way. He was heading toward the door at the end of the room that opened into the shed. He lifted the latch with precaution and went out, pushing the door behind him but without shutting it. Daru had not stirred. ‘‘He is running away,’’ he merely thought. ‘‘Good riddance!’’ Yet he listened attentively. The hens were not fluttering; the guest must be on the plateau. A faint sound of water reached him, and he didn’t know what it was until the Arab again stood framed in the doorway, closed the door carefully, and came back to bed without a sound. Then Daru turned his back on him and fell asleep. Still later he seemed, from the depths of his sleep, to hear furtive steps around the schoolhouse. ‘‘I’m dreaming! I’m dreaming!’’ he repeated to himself. And he went on sleeping.

When he awoke, the sky was clear; the loose window let in a cold, pure air. The Arab was asleep, hunched up under the blankets now, his mouth open, utterly relaxed. But when Daru shook him, he started dreadfully, star- ing at Daru with wild eyes as if he had never seen him and such a frightened expression that the schoolmaster stepped back. ‘‘Don’t be afraid. It’s me. You must eat.’’ The Arab nodded his head and said yes. Calm had returned to his face, but his expression was vacant and listless.

The coffee was ready. They drank it seated together on the folding bed as they munched their pieces of the cake. Then Daru led the Arab under the shed and showed him the faucet where he washed. He went back into the room, folded the blankets and the bed, made his own bed and put the room in order. Then he went through the classroom and out onto the terrace. The sun was already rising in the blue sky; a soft, bright light was bathing the deserted plateau. On the ridge the snow was melting in spots. The stones were about to reappear. Crouched on the edge of the plateau, the school- master looked at the deserted expanse. He thought of Balducci. He had hurt him, for he had sent him off in a way as if he didn’t want to be associated with him. He could still hear the gendarme’s farewell and, without knowing why, he felt strangely empty and vulnerable. At that moment, from the other side

70 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 62 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

63The Guest (complete): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

‘‘He ran away. I ran after him.’’ He raised his eyes to Daru again and they were full of a sort of woeful

interrogation. ‘‘Now what will they do to me?’’ ‘‘Are you afraid?’’ He stiffened, turning his eyes away. ‘‘Are you sorry?’’ The Arab stared at him openmouthed. Obviously he did not under-

stand. Daru’s annoyance was growing. At the same time he felt awkward and self-conscious with his big body wedged between the two beds.

‘‘Lie down there,’’ he said impatiently. ‘‘That’s your bed.’’ The Arab didn’t move. He called to Daru: ‘‘Tell me!’’ The schoolmaster looked at him. ‘‘Is the gendarme coming back tomorrow?’’ ‘‘I don’t know.’’ ‘‘Are you coming with us?’’ ‘‘I don’t know. Why?’’ The prisoner got up and stretched out on top of the blankets, his feet

toward the window. The light from the electric bulb shone straight into his eyes and he closed them at once.

‘‘Why?’’ Daru repeated, standing beside the bed. The Arab opened his eyes under the blinding light and looked at him,

trying not to blink. ‘‘Come with us,’’ he said.

In the middle of the night, Daru was still not asleep. He had gone to bed after undressing completely; he generally slept naked. But when he suddenly realized that he had nothing on, he hesitated. He felt vulnerable and the temptation came to him to put his clothes back on. Then he shrugged his shoulders; after all, he wasn’t a child and, if need be, he could break his adversary in two. From his bed he could observe him, lying on his back, still motionless with his eyes closed under the harsh light. When Daru turned out the light, the darkness seemed to coagulate all of a sudden. Little by little, the night came back to life in the window where the starless sky was stirring gently. The schoolmaster soon made out the body lying at his feet. The Arab still did not move, but his eyes seemed open. A faint wind was prowling around the schoolhouse. Perhaps it would drive away the clouds and the sun would reappear.

During the night the wind increased. The hens fluttered a little and then were silent. The Arab turned over on his side with his back to Daru, who thought he heard him moan. Then he listened for his guest’s breathing, become heavier and more regular. He listened to that breath so close to him and mused without being able to go to sleep. In this room where he had been sleeping alone for a year, the presence bothered him. But it bothered him also by imposing on him a sort of brotherhood he knew well but refused

The Guest (complete): Reading 69 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

to accept in the present circumstances. Men who share the same rooms, soldiers or prisoners, develop a strange alliance as if, having cast off their armor with their clothing, they fraternized every evening, over and above their differences, in the ancient community of dream and fatigue. But Daru shook himself; he didn’t like such musings, and it was essential to sleep.

A little later, however, when the Arab stirred slightly, the schoolmaster was still not asleep. When the prisoner made a second move, he stiffened, on the alert. The Arab was lifting himself slowly on his arms with almost the motion of a sleepwalker. Seated upright in bed, he waited motionless with- out turning his head toward Daru, as if he were listening attentively. Daru did not stir; it had just occurred to him that the revolver was still in the drawer of his desk. It was better to act at once. Yet he continued to observe the prisoner, who, with the same slithery motion, put his feet on the ground, waited again, then began to stand up slowly. Daru was about to call out to him when the Arab began to walk, in a quite natural but extraordinarily silent way. He was heading toward the door at the end of the room that opened into the shed. He lifted the latch with precaution and went out, pushing the door behind him but without shutting it. Daru had not stirred. ‘‘He is running away,’’ he merely thought. ‘‘Good riddance!’’ Yet he listened attentively. The hens were not fluttering; the guest must be on the plateau. A faint sound of water reached him, and he didn’t know what it was until the Arab again stood framed in the doorway, closed the door carefully, and came back to bed without a sound. Then Daru turned his back on him and fell asleep. Still later he seemed, from the depths of his sleep, to hear furtive steps around the schoolhouse. ‘‘I’m dreaming! I’m dreaming!’’ he repeated to himself. And he went on sleeping.

When he awoke, the sky was clear; the loose window let in a cold, pure air. The Arab was asleep, hunched up under the blankets now, his mouth open, utterly relaxed. But when Daru shook him, he started dreadfully, star- ing at Daru with wild eyes as if he had never seen him and such a frightened expression that the schoolmaster stepped back. ‘‘Don’t be afraid. It’s me. You must eat.’’ The Arab nodded his head and said yes. Calm had returned to his face, but his expression was vacant and listless.

The coffee was ready. They drank it seated together on the folding bed as they munched their pieces of the cake. Then Daru led the Arab under the shed and showed him the faucet where he washed. He went back into the room, folded the blankets and the bed, made his own bed and put the room in order. Then he went through the classroom and out onto the terrace. The sun was already rising in the blue sky; a soft, bright light was bathing the deserted plateau. On the ridge the snow was melting in spots. The stones were about to reappear. Crouched on the edge of the plateau, the school- master looked at the deserted expanse. He thought of Balducci. He had hurt him, for he had sent him off in a way as if he didn’t want to be associated with him. He could still hear the gendarme’s farewell and, without knowing why, he felt strangely empty and vulnerable. At that moment, from the other side

70 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 63 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics64 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

of the schoolhouse, the prisoner coughed. Daru listened to him almost de- spite himself and then, furious, threw a pebble that whistled through the air before sinking into the snow. That man’s stupid crime revolted him, but to hand him over was contrary to honor. Merely thinking of it made him smart with humiliation. And he cursed at one and the same time his own people who had sent him this Arab and the Arab too who had dared to kill and not managed to get away. Daru got up, walked in a circle on the terrace, waited motionless, and then went back into the schoolhouse.

The Arab, leaning over the cement floor of the shed, was washing his teeth with two fingers. Daru looked at him and said: ‘‘Come.’’ He went back into the room ahead of the prisoner. He slipped a hunting-jacket on over his sweater and put on walking-shoes. Standing, he waited until the Arab had put on his chèche and sandals. They went into the classroom and the school- master pointed to the exit, saying: ‘‘Go ahead.’’ The fellow didn’t budge. ‘‘I’m coming,’’ said Daru. The Arab went out. Daru went back into the room and made a package of pieces of rusk, dates, and sugar. In the classroom, before going out, he hesitated a second in front of his desk, then crossed the threshold and locked the door. ‘‘That’s the way,’’ he said. He started toward the east, followed by the prisoner. But, a short distance from the school- house, he thought he heard a slight sound behind them. He retraced his steps and examined the surroundings of the house; there was no one there. The Arab watched him without seeming to understand ‘‘Come on,’’ said Daru.

They walked for an hour and rested beside a sharp peak of limestone. The snow was melting faster and faster and the sun was drinking up the puddles at once, rapidly cleaning the plateau, which gradually dried and vibrated like the air itself. When they resumed walking, the ground rang under their feet. From time to time a bird rent the space in front of them with a joyful cry. Daru breathed in deeply the fresh morning light. He felt a sort of rapture before the vast familiar expanse, now almost entirely yellow under its dome of blue sky. They walked an hour more, descending toward the south. They reached a level height made up of crumbly rocks. From there on, the plateau sloped down, eastward, toward a low plain where there were a few spindly trees and, to the south, toward outcroppings of rock that gave the landscape a chaotic look.

Daru surveyed the two directions. There was nothing but the sky on the horizon. Not a man could be seen. He turned toward the Arab, who was looking at him blankly. Daru held out the package to him. ‘‘Take it,’’ he said. ‘‘There are dates, bread, and sugar. You can hold out for two days. Here are a thousand francs too.’’ The Arab took the package and the money but kept his full hands at chest level as if he didn’t know what to do with what was being given him. ‘‘Now look,’’ the schoolmaster said as he pointed in the direction of the east ‘‘There’s the way to Tinguit. You have a two-hour walk. At Tinguit you’ll find the administration and the police. They are expecting you.’’ The Arab looked toward the east, still holding the package and the

The Guest (complete): Reading 71 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

money against his chest. Daru took his elbow and turned him rather roughly toward the south. At the foot of the height on which they stood could be seen a faint path. ‘‘That’s the trail across the plateau. In a day’s walk from here you’ll find pasturelands and the first nomads. They’ll take you in and shelter you according to their law.’’ The Arab had now turned toward Daru and a sort of panic was visible in his expression. ‘‘Listen,’’ he said. Daru shook his head: ‘‘No, be quiet. Now I’m leaving you.’’ He turned his back on him, took two long steps in the direction of the school, looked hesitantly at the motionless Arab, and started off again. For a few minutes he heard nothing but his own step resounding on the cold ground and did not turn his head. A moment later, however, he turned around. The Arab was still there on the edge of the hill, his arms hanging now, and he was looking at the schoolmaster. Daru felt something rise in his throat. But he swore with impatience, waved vaguely, and started off again. He had already gone some distance when he again stopped and looked. There was no longer anyone on the hill.

Daru hesitated. The sun was now rather high in the sky and was begin- ning to beat down on his head. The schoolmaster retraced his steps, at first somewhat uncertainly, then with decision. When he reached the little hill, he was bathed in sweat. He climbed it as fast as he could and stopped, out of breath, at the top. The rock-fields to the south stood out sharply against the blue sky, but on the plain to the east a steamy heat was already rising. And in that slight haze, Daru, with heavy heart, made out the Arab walking slowly on the road to prison.

A little later, standing before the window of the classroom, the school- master was watching the clear light bathing the whole surface of the plateau, but he hardly saw it. Behind him on the blackboard, among the winding French rivers, sprawled the clumsily chalked-up words he had just read: ‘‘You handed over our brother. You will pay for this.’’ Daru looked at the sky, the plateau, and, beyond, the invisible lands stretching all the way to the sea. In this vast landscape he had loved so much, he was alone.

� N O T E S

1. jellaba: a loose garment with a hood, sleeves, and a skirt [D.C.A., ed.] 2. chèche: a cylindrical, brimless cap with a tassel [D.C.A.]

72 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 64 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

65The Guest (complete): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

of the schoolhouse, the prisoner coughed. Daru listened to him almost de- spite himself and then, furious, threw a pebble that whistled through the air before sinking into the snow. That man’s stupid crime revolted him, but to hand him over was contrary to honor. Merely thinking of it made him smart with humiliation. And he cursed at one and the same time his own people who had sent him this Arab and the Arab too who had dared to kill and not managed to get away. Daru got up, walked in a circle on the terrace, waited motionless, and then went back into the schoolhouse.

The Arab, leaning over the cement floor of the shed, was washing his teeth with two fingers. Daru looked at him and said: ‘‘Come.’’ He went back into the room ahead of the prisoner. He slipped a hunting-jacket on over his sweater and put on walking-shoes. Standing, he waited until the Arab had put on his chèche and sandals. They went into the classroom and the school- master pointed to the exit, saying: ‘‘Go ahead.’’ The fellow didn’t budge. ‘‘I’m coming,’’ said Daru. The Arab went out. Daru went back into the room and made a package of pieces of rusk, dates, and sugar. In the classroom, before going out, he hesitated a second in front of his desk, then crossed the threshold and locked the door. ‘‘That’s the way,’’ he said. He started toward the east, followed by the prisoner. But, a short distance from the school- house, he thought he heard a slight sound behind them. He retraced his steps and examined the surroundings of the house; there was no one there. The Arab watched him without seeming to understand ‘‘Come on,’’ said Daru.

They walked for an hour and rested beside a sharp peak of limestone. The snow was melting faster and faster and the sun was drinking up the puddles at once, rapidly cleaning the plateau, which gradually dried and vibrated like the air itself. When they resumed walking, the ground rang under their feet. From time to time a bird rent the space in front of them with a joyful cry. Daru breathed in deeply the fresh morning light. He felt a sort of rapture before the vast familiar expanse, now almost entirely yellow under its dome of blue sky. They walked an hour more, descending toward the south. They reached a level height made up of crumbly rocks. From there on, the plateau sloped down, eastward, toward a low plain where there were a few spindly trees and, to the south, toward outcroppings of rock that gave the landscape a chaotic look.

Daru surveyed the two directions. There was nothing but the sky on the horizon. Not a man could be seen. He turned toward the Arab, who was looking at him blankly. Daru held out the package to him. ‘‘Take it,’’ he said. ‘‘There are dates, bread, and sugar. You can hold out for two days. Here are a thousand francs too.’’ The Arab took the package and the money but kept his full hands at chest level as if he didn’t know what to do with what was being given him. ‘‘Now look,’’ the schoolmaster said as he pointed in the direction of the east ‘‘There’s the way to Tinguit. You have a two-hour walk. At Tinguit you’ll find the administration and the police. They are expecting you.’’ The Arab looked toward the east, still holding the package and the

The Guest (complete): Reading 71 Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete) © The McGraw−Hill Companies, 2006

money against his chest. Daru took his elbow and turned him rather roughly toward the south. At the foot of the height on which they stood could be seen a faint path. ‘‘That’s the trail across the plateau. In a day’s walk from here you’ll find pasturelands and the first nomads. They’ll take you in and shelter you according to their law.’’ The Arab had now turned toward Daru and a sort of panic was visible in his expression. ‘‘Listen,’’ he said. Daru shook his head: ‘‘No, be quiet. Now I’m leaving you.’’ He turned his back on him, took two long steps in the direction of the school, looked hesitantly at the motionless Arab, and started off again. For a few minutes he heard nothing but his own step resounding on the cold ground and did not turn his head. A moment later, however, he turned around. The Arab was still there on the edge of the hill, his arms hanging now, and he was looking at the schoolmaster. Daru felt something rise in his throat. But he swore with impatience, waved vaguely, and started off again. He had already gone some distance when he again stopped and looked. There was no longer anyone on the hill.

Daru hesitated. The sun was now rather high in the sky and was begin- ning to beat down on his head. The schoolmaster retraced his steps, at first somewhat uncertainly, then with decision. When he reached the little hill, he was bathed in sweat. He climbed it as fast as he could and stopped, out of breath, at the top. The rock-fields to the south stood out sharply against the blue sky, but on the plain to the east a steamy heat was already rising. And in that slight haze, Daru, with heavy heart, made out the Arab walking slowly on the road to prison.

A little later, standing before the window of the classroom, the school- master was watching the clear light bathing the whole surface of the plateau, but he hardly saw it. Behind him on the blackboard, among the winding French rivers, sprawled the clumsily chalked-up words he had just read: ‘‘You handed over our brother. You will pay for this.’’ Daru looked at the sky, the plateau, and, beyond, the invisible lands stretching all the way to the sea. In this vast landscape he had loved so much, he was alone.

� N O T E S

1. jellaba: a loose garment with a hood, sleeves, and a skirt [D.C.A., ed.] 2. chèche: a cylindrical, brimless cap with a tassel [D.C.A.]

72 ANALYZING MORAL ISSUES - Vol. 1

03_bos5511X_int_p001-068.indd 65 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics66 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

The Guest Albert Camus

Reading Questions

According to the story:

1. Why does Daru “feel like a lord” in his residence?

2. Why does Balducci bring the Arab to Daru?

3. How does Daru react when he hears the Arab leave the room during the night?

4. Why is Daru reluctant to hand over the Arab?

5. What does Daru give the Arab before leaving him?

Discussion Questions

In your own view:

1. Does Daru have a moral obligation to obey the orders given to him by Balducci?

2. When he looks back at the Arab after leaving him, why does Daru feel “something rise in his throat”?

3. Is Daru’s decision to let the Arab choose whether to go to Tinguit praiseworthy, blameworthy, neither, or both?

4. Why does Camus have the Arab decide to go to Tinguit?

5. Why does Camus call his story “The Guest”?

The Guest (complete): Reading 73

03_bos5511X_int_p001-068.indd 66 25/07/14 3:04 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

67Bibliography

BIBLIOGRAPHY

Charles Barsotti, The New Yorker Cartoon Collection, The New Yorker, February 14, 2005

H. A. Prichard, “Does Moral Philosophy Rest on a Mistake?” Mind, new series 21 (January 1912).

Abel: Discourses Human Nature Albert Camus, ‘‘The Guest’’ (complete)

© The McGraw−Hill Companies, 2006

The Guest Albert Camus

Reading Questions

According to the story:

1. Why does Daru “feel like a lord” in his residence?

2. Why does Balducci bring the Arab to Daru?

3. How does Daru react when he hears the Arab leave the room during the night?

4. Why is Daru reluctant to hand over the Arab?

5. What does Daru give the Arab before leaving him?

Discussion Questions

In your own view:

1. Does Daru have a moral obligation to obey the orders given to him by Balducci?

2. When he looks back at the Arab after leaving him, why does Daru feel “something rise in his throat”?

3. Is Daru’s decision to let the Arab choose whether to go to Tinguit praiseworthy, blameworthy, neither, or both?

4. Why does Camus have the Arab decide to go to Tinguit?

5. Why does Camus call his story “The Guest”?

The Guest (complete): Reading 73

03_bos5511X_int_p001-068.indd 67 25/07/14 3:04 pm

03_bos5511X_int_p001-068.indd 68 25/07/14 3:04 pm

Part II. ETHICAL THEORIES Thinking critically about the right way to live, the right thing to do.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

71Chapter 2: Wrong Is Always Wrong—Kant’s Categorical Imperative

CHAPTER 2: Wrong Is Always Wrong—Kant’s

Categorical Imperative

INTRODUCTION

Reason, which we all have, reveals to us both the equality of all persons and a necessary respect for human dignity. Showing that respect for others as well as for ourselves, recognizing our duty to do the right thing: These are the aims of one of the most influential moral philosophies ever proposed.

Immanuel Kant employs a deontological analysis of ethical issues. Deontological ethics focus on the act itself and or its motive, as opposed to the consequences of the act, when evaluating ethical issues. The common thread that runs through all deontological analysis is the assumption that duty and obligation are primary in ethics. The axiological value of consequences, the “good life”, and so on, are ancillary. The Kantian analysis of ethics stresses that moral rules are fundamental to behaving morally. The moral rules are absolute and universal.

As is the case with many systematic philosophers from Aristotle to Sartre, it is difficult to consider any particular aspect of Kant’s philosophy separately from his entire philosophical system. To do so, will often result in a hopelessly distorted view, one that bears little resemblance to what Kant originally stated in his works. In fact, many contemporary bio-ethicists have latched on to key phrases of Kant’s moral philosophy in order to support their own views, but seem to have misinterpreted his philosophy.

Simply citing the categorical imperative or the principle of humanity is insufficient to ground to resolve an ethical dilemma. Such a move does not establish that patients have particular rights, for example, nor does it demonstrate that physicians have specific responsibilities or obligations. From a Kantian perspective, certain acts such as abortion, euthanasia or assisted suicide are normally always either permissible or impermissible depending upon their compatibility with the categorical imperative.

The categorical imperative is Kant’s supreme moral principle. Kant states several formulations of the categorical imperative; we will consider what are traditionally known as the first two formulations. The first formulation of the categorical imperative, also known as the formulation of a universal law of nature, says this: “Act only as if according to a maxim that you can at the same time will that it should become a universal law.” 1 The idea is that our actions should be universalizable by others in our same circumstance.

Rationality, according to Kant, is not aimed at the individual good or self-interest. For Kant, one is rational and autonomous if and only if one is acting in accordance with universal rules of behavior which are compatible with the categorical imperative. If an individual is only acting from what he

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics72 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

believes is his prudential self interest, and in a way that is not compatible with the categorical imperative, then he is neither rational nor free in Kant’s view. The following passage, taken from The Foundation of the Metaphysics of Morals, recapitulates his view on autonomy:

“The Concept of Freedom is the Key to the explanation of the Autonomy of the Will. WILL is a kind of causality belonging to living beings in so far as they are rational, and freedom would be that property of such causality that it can be efficient, independently of alien causes determining it; just as natural necessity is the property that the causality of all nonrational (irrational) beings to be determined to activity by the influence of alien causes.2

For Kant, rational wills are free, whereas irrational wills are not. A necessary condition of one’s acting autonomously is that one be rational. On his view, we must postulate ourselves as being “free”, in a metaphysical sense, if we are to consider ourselves as moral agents. In support of this interpretation, consider the following passage, “the idea of freedom and the concept of autonomy are now inseparably combined, and with the concept of autonomy the universal principle of morality, which in idea is the ground of all actions of rational beings, just as the law of nature is the ground of all appearances.”3 Kant says that all of our actions, ideally, would be performed in accordance with the “universal principle of morality” (the categorical imperative). If individuals act in accordance with the categorical imperative then they are autonomous; when they don’t act in accordance with the categorical imperative, they are not autonomous.

Moral autonomy is exercised when our actions are arrived at by means of reason and the maxim of the action is compatible with the categorical imperative. The idea is that our actions, in order to be considered rational, must be universalizable in accordance with the categorical imperative. It should be noted that rationality is not aimed at the individual good or our self-interest.

There are three central issues raised by employing the first version of the categorical imperative to evaluate the ethical permissibility of an action:

1. There is a question of proof. Is the categorical imperative a valid moral principle? This is important because Utilitarians (and others) will sim- ply challenge the truth of the principle.

2. Often it is not clear how to apply the principle to specific ethical issues. How can one tell whether anyone can rationally will that the maxim of his or her contemplated act; and

3. Two reasonable people can employ two different maxims for the same act.

First, the truth of the categorical imperative is not self-evident. Nevertheless, Kant and contemporary Kantians argue that it is a correct moral principle.

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73

Generally, philosophers don’t agree on much, and the competing theories discussed in the textbook bring this to light. One cannot simply assume that the categorical imperative is binding in all ethical circumstances for that would beg the question against rival moral theories, such as Utilitarianism.

Second, it is not clear how to apply the categorical imperative in most cases. Kant provides notoriously few examples of the application of the principle. Besides what he takes to paradigm cases such as lying or suicide, he says very little. Even so, what he does say, particularly regarding the ethical permissibility of suicide, calls into question reliance upon the categorical imperative in number of problematic ethical situations. In the case of suicide, which Kant argues is unethical, he maintains that a such a desire to end his life is irrational. Yet it is irrational only if you make several additional assumptions. It is irrational if first of the maxim of the action actually violates the categorical imperative, and, second, if all actions that violate the categorical imperative are irrational. Whether this is the case or not is debatable. It is certainly possible to imagine particular circumstances where an individual would really be better off dead.

As for the third point: different people could employ different maxims as they consider the ethical permissibility of an action A key problem for Kantians is that for the very same act, there can be many different maxims,

MAKING A KANTIAN ARGUMENT

•   Am I acting as if according to a maxim that I would at the same time will to  become a universal law?

•   Am I treating humanity, in my own person as well in that of others, as an end  in itself and never as a means to an end?

some of which are universalizable and some of which are not. If this is true, then it will be both morally permissible and morally impermissible to perform some actions, depending on the maxim of one’s act, to include placebo controls or to randomize.

Application of the categorical imperative, as discussed above, is more complicated than most contemporary writers admit. The second version of the categorical imperative is often discussed when considering the rights of persons. Kant calls this a “supreme practical law”, the principle of humanity: So act as to treat humanity, whether in thine own person or in that of any other, in every case as an end withal, never as means only.4 How one is to interpret the notion that a person should never be employed as a “mean only” can lead to considerable disagreement. Some philosophers argue that one would violate such a principle when paying for gas, as you are using the cashier as a means to an end (buying gas) as opposed to a person in his or her own right. More charitable interpretations still lead to a problem of application of the theory.

Octavio Roca and Matthew Schuh

Chapter 2: Wrong Is Always Wrong—Kant’s Categorical Imperative

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a friend of ours, whom he is persecuting, has not hidden himself in our house — would be a crime.3

On page 124, the French philosopher refutes this principle in the fol- lowing manner:

It is a duty to tell the truth. The conception of duty is inseparable from that of right or law. A duty is that which corresponds in one being to the rights of another. Where there are no rights there are no duties. Hence it is a duty to tell the truth, but a duty only towards him who has a right to the truth. But no man has a right to a truth which harms others.

The prōton pseudos (first error) lies here in the proposition that ‘‘it is a duty to tell the truth, [but only towards] him who has a right to the truth.’’

It is to be remarked, first, that the expression ‘‘to have a right to a truth’’ is a phrase without any sense. One ought rather to say that man has a right to his own veracity, that is, to the subjective truth in his person. For that I have a right objectively to a truth means: I depend ([as in cases of] ‘‘mine’’ and ‘‘yours’’) upon my will whether a given proposition is to be true or false — which would establish a strange logic.

Now the first question is whether a man has the authority, or the right, to be untruthful in cases where he cannot escape answering by either Yes or No. The second question is whether he is not even obliged to be untruthful in that statement, which an unjust compulsion forces him to make, for the purpose of preventing a threatened crime to be committed upon either him or another.

Truthfulness in statements which we cannot avoid making is the formal duty which each one owes to all men, no matter how great a disadvantage may result therefrom to him or to another. And although I inflict no wrong upon the person who unjustly compels a statement from me, by falsifying it; I yet by such a falsification — which may, therefore, be also called a lie, though not in legal sense — commit a general wrong. Namely, in this: I do all in my power to bring about a state of things wherein no statement whatever any longer finds belief, hence wherein all rights based upon agreements crum- ble away and lose their power, which is a wrong committed upon mankind in general.

Hence the lie, defined simply as a wilful untrue statement made to an- other man, needs not the additional definition that it must inflict harm upon another, as the lawyers define it: mendacium est falsiloquium in prejudi- cium alteris.4 For it always hurts another — and if not another man, at least mankind in general, by making the source of all right useless.

This good-humored lie may, however, become punishable by accident (casus) under civil law, since that which escapes punishment merely by acci- dent can also be adjudged a wrong by external laws. For instance, if you by telling a lie have prevented someone, who intended to commit murder, from the deed, then you are legally responsible for all the consequences that may arise from your lie; whereas, if you keep strictly to the truth, public justice can prefer no charge against you, let the unforeseen results be what

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Concerning a Pretended Right to Lie from Motives of Humanity

Immanuel Kant

Immanuel Kant was born in 1724 in Königsberg, Prussia, where he spent his entire life. As a boy he attended the Collegium Fridericanum, a school run by the Pietists (the Lutheran sect to which his family belonged). In 1740 he enrolled in the University of Königsberg, where he studied a wide variety of subjects, including theology, philoso- phy, mathematics, physics, and medicine. He withdrew from the university in 1747 to support himself by working as a private tutor for families in the Königsberg area. He resumed his studies in 1754 and completed his degree the following year. He then be- came a lecturer at the University of Königsberg, teaching such diverse subjects as math- ematics, geography, mineralogy, and philosophy. Fifteen years later he was appointed Professor of Logic and Metaphysics. His writings — especially his monumental Critique of Pure Reason (1781) — brought him increasing fame, and students came from afar to hear him lecture. In 1797 he stopped lecturing, but he continued to write. He died in Königsberg in 1804 at the age of seventy-nine.

Kant’s principal works, in addition to the Critique of Pure Reason, are Prolegomena to Any Future Metaphysics (1783), Fundamental Principles of the Metaphysics of Morals (1785), Critique of Practical Reason (1788), Critique of Judgment (1790), and The Metaphysics of Morals (1797).

Our reading is from Kant’s 1797 article, ‘‘Concerning a Pretended Right to Lie from Motives of Humanity,’’ which is a response to criticism made by the French writer Benjamin Constant against Kant’s strict prohibition of lying. Kant had stated that it is never permissible to lie, even if by lying we could save a friend from being murdered by someone who comes to our door and asks if our friend is hiding inside. Constant maintained that we may lie in such cases because we have a duty to tell the truth only to those who have a right to know the truth. In this article, Kant argues that we have a duty to tell the truth always, because even though a lie may sometimes benefit particu- lar persons (in this case, an innocent friend), a lie also always harms humanity in gen- eral. Kant’s argument is based on what he elsewhere calls the categorical imperative: If I cannot will that the personal policy I follow in a given situation should be followed by everyone, my action is immoral. With regard to lying, if everyone lied all the time, no one would ever be believed and social life would be impossible. When I lie, I harm humanity because ‘‘I do all in my power to bring about [this] state of things.’’ Kant goes on to explain that a lie to save our innocent friend could, in certain circumstan- ces, be punishable under civil law.

In the work France in the Year 1797,1 Sixth Part, No. 1, ‘‘Concerning Political Reactions,’’ by Benjamin Constant,2 the following passage occurs on page 123:

The moral principle that it is a duty to tell the truth, would, if taken unconditionally and separately, make all society an impossibility. Of this we have a proof in the very immediate consequences which a German philosopher has drawn from this princi- ple. He [goes] so far as to maintain that a lie told to a murderer who asks us whether

Immanuel Kant, ‘‘Concerning a Pretended Right to Lie from Motives of Humanity,’’ trans. A. E. Kroeger. The Journal of Speculative Philosophy 7 (1873): 14 – 19.

30 An Examined Life Critical Thinking and Ethics

“Right is right, and wrong is wrong, and a body ain’t got no business doing wrong when he ain’t ignorant and knows better.” Huckleberry Finn, as told to Mark Twain

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Immanuel Kant, ‘‘Concerning a Pretended Right to Lie’’ (selection)

© The McGraw−Hill Companies, 2006

a friend of ours, whom he is persecuting, has not hidden himself in our house — would be a crime.3

On page 124, the French philosopher refutes this principle in the fol- lowing manner:

It is a duty to tell the truth. The conception of duty is inseparable from that of right or law. A duty is that which corresponds in one being to the rights of another. Where there are no rights there are no duties. Hence it is a duty to tell the truth, but a duty only towards him who has a right to the truth. But no man has a right to a truth which harms others.

The prōton pseudos (first error) lies here in the proposition that ‘‘it is a duty to tell the truth, [but only towards] him who has a right to the truth.’’

It is to be remarked, first, that the expression ‘‘to have a right to a truth’’ is a phrase without any sense. One ought rather to say that man has a right to his own veracity, that is, to the subjective truth in his person. For that I have a right objectively to a truth means: I depend ([as in cases of] ‘‘mine’’ and ‘‘yours’’) upon my will whether a given proposition is to be true or false — which would establish a strange logic.

Now the first question is whether a man has the authority, or the right, to be untruthful in cases where he cannot escape answering by either Yes or No. The second question is whether he is not even obliged to be untruthful in that statement, which an unjust compulsion forces him to make, for the purpose of preventing a threatened crime to be committed upon either him or another.

Truthfulness in statements which we cannot avoid making is the formal duty which each one owes to all men, no matter how great a disadvantage may result therefrom to him or to another. And although I inflict no wrong upon the person who unjustly compels a statement from me, by falsifying it; I yet by such a falsification — which may, therefore, be also called a lie, though not in legal sense — commit a general wrong. Namely, in this: I do all in my power to bring about a state of things wherein no statement whatever any longer finds belief, hence wherein all rights based upon agreements crum- ble away and lose their power, which is a wrong committed upon mankind in general.

Hence the lie, defined simply as a wilful untrue statement made to an- other man, needs not the additional definition that it must inflict harm upon another, as the lawyers define it: mendacium est falsiloquium in prejudi- cium alteris.4 For it always hurts another — and if not another man, at least mankind in general, by making the source of all right useless.

This good-humored lie may, however, become punishable by accident (casus) under civil law, since that which escapes punishment merely by acci- dent can also be adjudged a wrong by external laws. For instance, if you by telling a lie have prevented someone, who intended to commit murder, from the deed, then you are legally responsible for all the consequences that may arise from your lie; whereas, if you keep strictly to the truth, public justice can prefer no charge against you, let the unforeseen results be what

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© The McGraw−Hill Companies, 2006

Concerning a Pretended Right to Lie from Motives of Humanity

Immanuel Kant

Immanuel Kant was born in 1724 in Königsberg, Prussia, where he spent his entire life. As a boy he attended the Collegium Fridericanum, a school run by the Pietists (the Lutheran sect to which his family belonged). In 1740 he enrolled in the University of Königsberg, where he studied a wide variety of subjects, including theology, philoso- phy, mathematics, physics, and medicine. He withdrew from the university in 1747 to support himself by working as a private tutor for families in the Königsberg area. He resumed his studies in 1754 and completed his degree the following year. He then be- came a lecturer at the University of Königsberg, teaching such diverse subjects as math- ematics, geography, mineralogy, and philosophy. Fifteen years later he was appointed Professor of Logic and Metaphysics. His writings — especially his monumental Critique of Pure Reason (1781) — brought him increasing fame, and students came from afar to hear him lecture. In 1797 he stopped lecturing, but he continued to write. He died in Königsberg in 1804 at the age of seventy-nine.

Kant’s principal works, in addition to the Critique of Pure Reason, are Prolegomena to Any Future Metaphysics (1783), Fundamental Principles of the Metaphysics of Morals (1785), Critique of Practical Reason (1788), Critique of Judgment (1790), and The Metaphysics of Morals (1797).

Our reading is from Kant’s 1797 article, ‘‘Concerning a Pretended Right to Lie from Motives of Humanity,’’ which is a response to criticism made by the French writer Benjamin Constant against Kant’s strict prohibition of lying. Kant had stated that it is never permissible to lie, even if by lying we could save a friend from being murdered by someone who comes to our door and asks if our friend is hiding inside. Constant maintained that we may lie in such cases because we have a duty to tell the truth only to those who have a right to know the truth. In this article, Kant argues that we have a duty to tell the truth always, because even though a lie may sometimes benefit particu- lar persons (in this case, an innocent friend), a lie also always harms humanity in gen- eral. Kant’s argument is based on what he elsewhere calls the categorical imperative: If I cannot will that the personal policy I follow in a given situation should be followed by everyone, my action is immoral. With regard to lying, if everyone lied all the time, no one would ever be believed and social life would be impossible. When I lie, I harm humanity because ‘‘I do all in my power to bring about [this] state of things.’’ Kant goes on to explain that a lie to save our innocent friend could, in certain circumstan- ces, be punishable under civil law.

In the work France in the Year 1797,1 Sixth Part, No. 1, ‘‘Concerning Political Reactions,’’ by Benjamin Constant,2 the following passage occurs on page 123:

The moral principle that it is a duty to tell the truth, would, if taken unconditionally and separately, make all society an impossibility. Of this we have a proof in the very immediate consequences which a German philosopher has drawn from this princi- ple. He [goes] so far as to maintain that a lie told to a murderer who asks us whether

Immanuel Kant, ‘‘Concerning a Pretended Right to Lie from Motives of Humanity,’’ trans. A. E. Kroeger. The Journal of Speculative Philosophy 7 (1873): 14 – 19.

30 An Examined Life Critical Thinking and Ethics

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nature admits of no exceptions, since in admitting them it would directly contradict itself.

� N O T E S

1. This is the 1797 volume of the journal France, published in Altona, Ger- many. [D.C.A., ed.]

2. Benjamin Constant de Rebecque (1767 – 1830) was a French writer (in this article, Kant calls him a philosopher) and politician. [D.C.A.]

3. I hereby acknowledge that I really said this is some sentence which I cannot, however, recall to mind. [I.K.]

4. ‘‘A lie is a falsehood that harms another’’ (Latin). [D.C.A.] 5. in potentia: potentially (Latin) [D.C.A.]

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they may. It is quite possible that after you have honestly replied to the murderer, upon his asking whether his intended victim is in your house, by saying Yes, the person may have escaped from your house unobserved and thus avoided the murderer, in which case the deed would be prevented; whereas if you had told a lie and said that the person was not in your house, while he has really escaped — although unknown to you — and the murderer had met and killed him, you could justly be charged with the death of the victim. For if you had stated the truth to the best of your knowledge, the murderer, in looking [for] his victim in your house, might have been caught by the arrival of some of your neighbors, and the deed might thus have been prevented. Hence, whosoever lies — no matter with what good intention — is legally amenable to and must suffer the consequences of his lie before a civil tribunal, however unforeseen these consequences may have been. For truth- fulness is a duty which must be considered as the basis of all duties that are based upon agreements, the law of which agreements would become utterly uncertain and useless if the least exception were admitted.

Hence it is a holy — unconditionally commanding, and by no conve- niences to be limited — imperative of reason to be truthful (that is, honest) in all our statements. . . .

Mr. Constant . . . mistook the act whereby some one harms (nocet) an- other in telling a truth which he cannot avoid stating, with an act whereby he wrongs (laedit) another. It was simply an accident (casus) that the truthfulness of the statement harmed the refugee of the house, and it was in no manner a free deed, in legal meaning. For a pretended right to demand of another that he should lie for my benefit, would involve results opposed to all justice. But every man has not only a right but the strictest duty to be truthful in his statements, and this duty he cannot avoid whether it harms him or others. Hence he himself does not inflict harm upon whosoever may suffer from that truthfulness; the harm is caused by accident. For he who acts is not free to choose — truthfulness being his unconditional duty, if he is bound to speak at all.

Hence the ‘‘German philosopher’’ cannot admit this proposition: ‘‘To tell the truth is a duty only towards him who has a right to the truth’’; first, because its formula is not clear, since truth is not a possession to which we may deny the right to one and admit it to the other; but, secondly and chiefly, because the duty of truthfulness — of which alone we speak here — makes no distinction between persons to whom we may owe this duty and those toward whom we may repudiate it, but is an unconditioned duty which is valid in all circumstances.

Whoever does not listen with indignation at the expressed suspicion that he might be a liar, to an inquiry whether in his now-to-be-made state- ment he intends to be truthful or not, but rather asks for permission to consider whether there might not be possible exceptions to his truthfulness, is already a liar in potentia,5 since he shows that he does not recognize truth- fulness as a duty in itself, but keeps in mind exceptions to a rule which in its

32 An Examined Life Critical Thinking and Ethics

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nature admits of no exceptions, since in admitting them it would directly contradict itself.

� N O T E S

1. This is the 1797 volume of the journal France, published in Altona, Ger- many. [D.C.A., ed.]

2. Benjamin Constant de Rebecque (1767 – 1830) was a French writer (in this article, Kant calls him a philosopher) and politician. [D.C.A.]

3. I hereby acknowledge that I really said this is some sentence which I cannot, however, recall to mind. [I.K.]

4. ‘‘A lie is a falsehood that harms another’’ (Latin). [D.C.A.] 5. in potentia: potentially (Latin) [D.C.A.]

Concerning a Pretended Right to Lie (selection): Reading 33Concerning a Pretended Right to Lie (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Lying Immanuel Kant, ‘‘Concerning a Pretended Right to Lie’’ (selection)

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they may. It is quite possible that after you have honestly replied to the murderer, upon his asking whether his intended victim is in your house, by saying Yes, the person may have escaped from your house unobserved and thus avoided the murderer, in which case the deed would be prevented; whereas if you had told a lie and said that the person was not in your house, while he has really escaped — although unknown to you — and the murderer had met and killed him, you could justly be charged with the death of the victim. For if you had stated the truth to the best of your knowledge, the murderer, in looking [for] his victim in your house, might have been caught by the arrival of some of your neighbors, and the deed might thus have been prevented. Hence, whosoever lies — no matter with what good intention — is legally amenable to and must suffer the consequences of his lie before a civil tribunal, however unforeseen these consequences may have been. For truth- fulness is a duty which must be considered as the basis of all duties that are based upon agreements, the law of which agreements would become utterly uncertain and useless if the least exception were admitted.

Hence it is a holy — unconditionally commanding, and by no conve- niences to be limited — imperative of reason to be truthful (that is, honest) in all our statements. . . .

Mr. Constant . . . mistook the act whereby some one harms (nocet) an- other in telling a truth which he cannot avoid stating, with an act whereby he wrongs (laedit) another. It was simply an accident (casus) that the truthfulness of the statement harmed the refugee of the house, and it was in no manner a free deed, in legal meaning. For a pretended right to demand of another that he should lie for my benefit, would involve results opposed to all justice. But every man has not only a right but the strictest duty to be truthful in his statements, and this duty he cannot avoid whether it harms him or others. Hence he himself does not inflict harm upon whosoever may suffer from that truthfulness; the harm is caused by accident. For he who acts is not free to choose — truthfulness being his unconditional duty, if he is bound to speak at all.

Hence the ‘‘German philosopher’’ cannot admit this proposition: ‘‘To tell the truth is a duty only towards him who has a right to the truth’’; first, because its formula is not clear, since truth is not a possession to which we may deny the right to one and admit it to the other; but, secondly and chiefly, because the duty of truthfulness — of which alone we speak here — makes no distinction between persons to whom we may owe this duty and those toward whom we may repudiate it, but is an unconditioned duty which is valid in all circumstances.

Whoever does not listen with indignation at the expressed suspicion that he might be a liar, to an inquiry whether in his now-to-be-made state- ment he intends to be truthful or not, but rather asks for permission to consider whether there might not be possible exceptions to his truthfulness, is already a liar in potentia,5 since he shows that he does not recognize truth- fulness as a duty in itself, but keeps in mind exceptions to a rule which in its

32 An Examined Life Critical Thinking and Ethics

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© Tom Cheney//e New Yorker Collection/from www.cartoonbank.com

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Concerning a Pretended Right to Lie from Motives of Humanity Immanuel Kant

Reading Questions

According to Kant:

1. What argument does Constant give to refute Kant’s position that it is always wrong to lie?

2. Why is it always our duty to answer truthfully a question that we cannot avoid answering?

3. Why is it redundant to define a lie as “a falsehood that harms another”?

4. In what kind of situation could a lie told to save an innocent friend be punishable under civil law?

5. How does Constant’s argument rest on a confusion between an act that harms another and an act that wrongs another?

Discussion Questions

In your own view:

1. Is it wrong to lie to save an innocent friend from a murderer?

2. Is it wrong to commit perjury to save an innocent person from being convicted of a crime?

3. Does a lie always harm society in some way?

4. Is it morally wrong to lie when one is convinced that the lie would benefit others and not harm anyone?

5. Can the duty to tell the truth conflict with other duties? If so, how do we decide which duty to fulfill?

34 An Examined Life Critical Thinking and Ethics

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79

© Tom Cheney//e New Yorker Collection/from www.cartoonbank.com

“It all depends on how you define ‘chop.’” 35“It all depends on how you define ‘chop.’”Abel: Discourses Applied Ethics and Social Ethics: Lying Immanuel Kant, ‘‘Concerning a Pretended Right to Lie’’ (selection)

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Concerning a Pretended Right to Lie from Motives of Humanity Immanuel Kant

Reading Questions

According to Kant:

1. What argument does Constant give to refute Kant’s position that it is always wrong to lie?

2. Why is it always our duty to answer truthfully a question that we cannot avoid answering?

3. Why is it redundant to define a lie as “a falsehood that harms another”?

4. In what kind of situation could a lie told to save an innocent friend be punishable under civil law?

5. How does Constant’s argument rest on a confusion between an act that harms another and an act that wrongs another?

Discussion Questions

In your own view:

1. Is it wrong to lie to save an innocent friend from a murderer?

2. Is it wrong to commit perjury to save an innocent person from being convicted of a crime?

3. Does a lie always harm society in some way?

4. Is it morally wrong to lie when one is convinced that the lie would benefit others and not harm anyone?

5. Can the duty to tell the truth conflict with other duties? If so, how do we decide which duty to fulfill?

34 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics80 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

When a man declares that he ‘‘has great pleasure in accepting’’ a vexatious invitation or is the ‘‘obedient servant’’ of one whom he regards as an inferior, he uses phrases which were probably once deceptive. If they are so no longer, Common Sense condemns as over-scrupulous the refusal to use them where it is customary to do so. But Common Sense seems doubtful and perplexed where the process of degradation is incomplete and there are still persons who may be deceived: as in the use of the reply that one is ‘‘not at home’’ to an inconvenient visitor from the country.

– Henry Sidgwick, Methods of Ethics

Harmless Lying White lies are at the other end of the spectrum of deception from lies in a serious crisis. They are the most common and the most trivial forms that duplicity can take. The fact that they are so common provides their protective coloring. And their very triviality, when compared to more threatening lies, makes it seem unnecessary or even absurd to condemn them. Some consider all well-intentioned lies, however momentous, to be white; in this book, I shall adhere to the narrower usage: a white lie, in this sense, is a falsehood not meant to injure anyone, and of little moral import. I want to ask whether there are such lies; and if there are, whether their cumu- lative consequences are still without harm; and, finally, whether many lies are not defended as ‘‘white’’ which are in fact harmful in their own right.

Many small subterfuges may not even be intended to mislead. They are only ‘‘white lies’’ in the most marginal sense. Take, for example, the many social exchanges: ‘‘How nice to see you!’’ or ‘‘Cordially yours.’’ These and a thousand other polite expressions are so much taken for granted that if someone decided, in the name of total honesty, not to employ them, he might well give the impression of an indifference he did not possess. The justification for continuing to use such accepted formulations is that they deceive no one, except possibly those unfamiliar with the language.

A social practice more clearly deceptive is that of giving a false excuse so as not to hurt the feelings of someone making an invitation or request: to say one ‘‘can’t’’ do what in reality one may not want to do. Once again, the false excuse may prevent unwarranted inferences of greater hostility to the un- dertaking than one may well feel. Merely to say that one can’t do something, moreover, is not deceptive in the sense that an elaborately concocted story can be.

Still other white lies are told in an effort to flatter, to throw a cheerful interpretation on depressing circumstances, or to show gratitude for un- wanted gifts. In the eyes of many, such white lies do no harm, provide needed support and cheer, and help dispel gloom and boredom. They pre- serve the equilibrium and often the humaneness of social relationships, and are usually accepted as excusable so long as they do not become excessive. Many argue, moreover, that such deception is so helpful and at times so necessary that it must be tolerated as an exception to a general policy against lying. Thus Bacon observed:

80 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

Lying

Sissela Bok

Sissela Bok was born in Stockholm, Sweden, in 1934. After studying in Switzerland and France, she came to the United States and studied psychology at George Washington University in Washington, D.C. She received her bachelor’s degree in 1957 and her master’s degree the following year. Later, wishing to explore some philosophical issues that arose in her psychology studies, she entered the doctoral program in philosophy at Harvard University, completing her Ph.D. in 1970. She taught at Simmons College (1972 – 1973), in a joint program in health sciences and technology at Harvard and the Massachusetts Institute of Technology (1975 – 1982), at Harvard (1982 – 1986), and at Brandeis University (1985 – 1992). After spending a year at the Center for Advanced Study in the Behavioral Sciences at Stanford University, Bok was appointed to her current position — Distinguished Fellow at the Harvard Center for Population and Development Studies. She has been awarded honorary degrees by Mount Holyoke College, George Washington University, Clark University, the University of Massachu- setts, and Georgetown University.

Bok’s publications include Lying: Moral Choice in Public and Private Life (1978), Secrets: On the Ethics of Concealment and Revelation (1982), A Strategy for Peace: Human Values and the Threat of War (1990), and Alva Myrdal: A Daughter’s Memoir (1991).

Our reading is Chapter V of Lying, entitled ‘‘White Lies.’’ Defining a white lie as a falsehood that is ‘‘not meant to injure anyone, and of little moral import,’’ Bok asks whether there really are such lies. Do deceptions commonly considered white lies have little moral import? Moreover, even if a single such lie does little harm, is the cumula- tive effect of the general practice of telling these lies without harm?

Bok proceeds to examine in detail two common practices that are typically justi- fied as being merely white lies: physicians prescribing placebos to patients, and persons writing inflated letters of recommendation. Bok argues that placebo-giving can cause significant harm both to individuals and to the practice of medicine in general. Exag- gerated praise in a letter of recommendation for someone may seem innocuous, but, Bok points out, it harms persons whose recommenders are more honest. Additionally, the general practice of writing such letters discourages honesty and reduces the value of letters in the application process. Bok concludes that although some white lies may be justifiable, most lies considered ‘‘white’’ are ‘‘unnecessary if not downright undesir- able.’’

Chapter V: White Lies

Never have I lied in my own interest; but often I have lied through shame in order to draw myself from embarrassment in indifferent matters . . . when, having to sustain discussion, the slowness of my ideas and the dryness of my conversation forced me to have recourse to fictions in order to say something.

– Jean-Jacques Rousseau, Reveries of a Solitary

From Lying by Sissela Bok. Copyright © 1978 by Sissela Bok. Reprinted by permission of Pantheon Books, a division of Random House, Inc.

Lying (selection): Reading 79

04_bos5511X_Ch02_p069-092.indd 80 7/24/14 9:27 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

81Lying (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

When a man declares that he ‘‘has great pleasure in accepting’’ a vexatious invitation or is the ‘‘obedient servant’’ of one whom he regards as an inferior, he uses phrases which were probably once deceptive. If they are so no longer, Common Sense condemns as over-scrupulous the refusal to use them where it is customary to do so. But Common Sense seems doubtful and perplexed where the process of degradation is incomplete and there are still persons who may be deceived: as in the use of the reply that one is ‘‘not at home’’ to an inconvenient visitor from the country.

– Henry Sidgwick, Methods of Ethics

Harmless Lying White lies are at the other end of the spectrum of deception from lies in a serious crisis. They are the most common and the most trivial forms that duplicity can take. The fact that they are so common provides their protective coloring. And their very triviality, when compared to more threatening lies, makes it seem unnecessary or even absurd to condemn them. Some consider all well-intentioned lies, however momentous, to be white; in this book, I shall adhere to the narrower usage: a white lie, in this sense, is a falsehood not meant to injure anyone, and of little moral import. I want to ask whether there are such lies; and if there are, whether their cumu- lative consequences are still without harm; and, finally, whether many lies are not defended as ‘‘white’’ which are in fact harmful in their own right.

Many small subterfuges may not even be intended to mislead. They are only ‘‘white lies’’ in the most marginal sense. Take, for example, the many social exchanges: ‘‘How nice to see you!’’ or ‘‘Cordially yours.’’ These and a thousand other polite expressions are so much taken for granted that if someone decided, in the name of total honesty, not to employ them, he might well give the impression of an indifference he did not possess. The justification for continuing to use such accepted formulations is that they deceive no one, except possibly those unfamiliar with the language.

A social practice more clearly deceptive is that of giving a false excuse so as not to hurt the feelings of someone making an invitation or request: to say one ‘‘can’t’’ do what in reality one may not want to do. Once again, the false excuse may prevent unwarranted inferences of greater hostility to the un- dertaking than one may well feel. Merely to say that one can’t do something, moreover, is not deceptive in the sense that an elaborately concocted story can be.

Still other white lies are told in an effort to flatter, to throw a cheerful interpretation on depressing circumstances, or to show gratitude for un- wanted gifts. In the eyes of many, such white lies do no harm, provide needed support and cheer, and help dispel gloom and boredom. They pre- serve the equilibrium and often the humaneness of social relationships, and are usually accepted as excusable so long as they do not become excessive. Many argue, moreover, that such deception is so helpful and at times so necessary that it must be tolerated as an exception to a general policy against lying. Thus Bacon observed:

80 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

Lying

Sissela Bok

Sissela Bok was born in Stockholm, Sweden, in 1934. After studying in Switzerland and France, she came to the United States and studied psychology at George Washington University in Washington, D.C. She received her bachelor’s degree in 1957 and her master’s degree the following year. Later, wishing to explore some philosophical issues that arose in her psychology studies, she entered the doctoral program in philosophy at Harvard University, completing her Ph.D. in 1970. She taught at Simmons College (1972 – 1973), in a joint program in health sciences and technology at Harvard and the Massachusetts Institute of Technology (1975 – 1982), at Harvard (1982 – 1986), and at Brandeis University (1985 – 1992). After spending a year at the Center for Advanced Study in the Behavioral Sciences at Stanford University, Bok was appointed to her current position — Distinguished Fellow at the Harvard Center for Population and Development Studies. She has been awarded honorary degrees by Mount Holyoke College, George Washington University, Clark University, the University of Massachu- setts, and Georgetown University.

Bok’s publications include Lying: Moral Choice in Public and Private Life (1978), Secrets: On the Ethics of Concealment and Revelation (1982), A Strategy for Peace: Human Values and the Threat of War (1990), and Alva Myrdal: A Daughter’s Memoir (1991).

Our reading is Chapter V of Lying, entitled ‘‘White Lies.’’ Defining a white lie as a falsehood that is ‘‘not meant to injure anyone, and of little moral import,’’ Bok asks whether there really are such lies. Do deceptions commonly considered white lies have little moral import? Moreover, even if a single such lie does little harm, is the cumula- tive effect of the general practice of telling these lies without harm?

Bok proceeds to examine in detail two common practices that are typically justi- fied as being merely white lies: physicians prescribing placebos to patients, and persons writing inflated letters of recommendation. Bok argues that placebo-giving can cause significant harm both to individuals and to the practice of medicine in general. Exag- gerated praise in a letter of recommendation for someone may seem innocuous, but, Bok points out, it harms persons whose recommenders are more honest. Additionally, the general practice of writing such letters discourages honesty and reduces the value of letters in the application process. Bok concludes that although some white lies may be justifiable, most lies considered ‘‘white’’ are ‘‘unnecessary if not downright undesir- able.’’

Chapter V: White Lies

Never have I lied in my own interest; but often I have lied through shame in order to draw myself from embarrassment in indifferent matters . . . when, having to sustain discussion, the slowness of my ideas and the dryness of my conversation forced me to have recourse to fictions in order to say something.

– Jean-Jacques Rousseau, Reveries of a Solitary

From Lying by Sissela Bok. Copyright © 1978 by Sissela Bok. Reprinted by permission of Pantheon Books, a division of Random House, Inc.

Lying (selection): Reading 79

04_bos5511X_Ch02_p069-092.indd 81 7/24/14 9:27 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics82 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

rigid, so the cases of white lies show the casual utilitarian calculation to be inadequate. Such a criticism of utilitarianism does not attack its foundations, because it does not disprove the importance of weighing consequences. It merely shows that utilitarians most often do not weigh enough factors in their quick assumption that white lies are harmless. They often fail to look at practices of deception and the ways in which these multiply and reinforce one another. They tend to focus, rather, on the individual case, seen from the point of view of the individual liar.

In the post-Watergate period, no one need regard a concern with the combined and long-term effects of deception as far-fetched. But even apart from political life, with its peculiar and engrossing temptations, lies tend to spread. Disagreeable facts come to be sugar-coated, and sad news softened or denied altogether. Many lie to children and to those who are ill about matters no longer peripheral but quite central, such as birth, adoption, divorce, and death. Deceptive propaganda and misleading advertising abound. All these lies are often dismissed on the same grounds of harmless- ness and triviality used for white lies in general.

It is worth taking a closer look at practices where lies believed trivial are common. Triviality in an isolated lie can then be more clearly seen to differ markedly from the costs of an entire practice — both to individuals and to communities. One such practice is that of giving placebos.

Placebos The common practice of prescribing placebos to unwitting pa- tients illustrates the two miscalculations so common to minor forms of de- ceit: ignoring possible harm and failing to see how gestures assumed to be trivial build up into collectively undesirable practices. Placebos have been used since the beginning of medicine. They can be sugar pills, salt-water injections — in fact, any medical procedure which has no specific effect on a patient’s condition, but which can have powerful psychological effects lead- ing to relief from symptoms such as pain or depression.

Placebos are prescribed with great frequency. Exactly how often cannot be known, the less so as physicians do not ordinarily talk publicly about using them. At times, self-deception enters in on the part of physicians, so that they have unwarranted faith in the powers of what can work only as a placebo. As with salesmanship, medication often involves unjustified belief in the excel- lence of what is suggested to others. In the past, most remedies were of a kind that, unknown to the medical profession and their patients, could have only placebic benefits, if any.

The derivation of ‘‘placebo,’’ from the Latin for ‘‘I shall please,’’ gives the word a benevolent ring, somehow placing placebos beyond moral criti- cism and conjuring up images of hypochondriacs whose vague ailments are dispelled through adroit prescriptions of beneficent sugar pills. Physicians often give a humorous tinge to instructions for prescribing these substances, which helps to remove them from serious ethical concern. One authority

82 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

Doth any man doubt, that if there were taken out of men’s minds vain opinions, flattering hopes, false valuations, imaginations as one would, and the like, but it would leave the minds of a number of men poor shrunken things, full of melancholy and indisposition, and unpleasing to themselves?1

Another kind of lie may actually be advocated as bringing a more sub- stantial benefit, or avoiding a real harm, while seeming quite innocuous to those who tell the lies. Such are the placebos given for innumerable com- mon ailments, and the pervasive use of inflated grades and recommenda- tions for employment and promotion.

A large number of lies without such redeeming features are nevertheless often regarded as so trivial that they should be grouped with white lies. They are the lies told on the spur of the moment, for want of reflection, or to get out of a scrape, or even simply to pass the time. Such are the lies told to boast or exaggerate, or on the contrary to deprecate and understate; the many lies told or repeated in gossip; Rousseau’s lies told simply ‘‘in order to say some- thing’’;2 the embroidering on facts that seem too tedious in their own right; and the substitution of a quick lie for the lengthy explanations one might otherwise have to provide for something not worth spending time on.

Utilitarians3 often cite white lies as the kind of deception where their theory shows the benefits of common sense and clear thinking. A white lie, they hold, is trivial; it is either completely harmless, or so marginally harmful that the cost of detecting and evaluating the harm is much greater than the minute harm itself. In addition, the white lie can often actually be beneficial, thus further tipping the scales of utility. In a world with so many difficult problems, utilitarians might ask: Why take the time to weigh the minute pros and cons in telling someone that his tie is attractive when it is an abomina- tion, or of saying to a guest that a broken vase was worthless? Why bother even to define such insignificant distortions or make mountains of our molehills by seeking to justify them?

Triviality surely does set limits to when moral inquiry is reasonable. But when we look more closely at practices such as placebo-giving, it becomes clear that all lies defended as ‘‘white’’ cannot be so easily dismissed. In the first place, the harmlessness of lies is notoriously disputable. What the liar perceives as harmless or even beneficial may not be so in the eyes of the deceived. Second, the failure to look at an entire practice rather than at their own isolated case often blinds liars to cumulative harm and expanding deceptive activities. Those who begin with white lies can come to resort to more frequent and more serious ones. Where some tell a few white lies, others may tell more. Because lines are so hard to draw, the indiscriminate use of such lies can lead to other deceptive practices. The aggregate harm from a large number of marginally harmful instances may, therefore, be highly undesirable in the end — for liars, those deceived, and honesty and trust more generally.

Just as the life-threatening cases showed the Kantian analysis4 to be too

Lying (selection): Reading 81

04_bos5511X_Ch02_p069-092.indd 82 7/24/14 9:27 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

83Lying (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

rigid, so the cases of white lies show the casual utilitarian calculation to be inadequate. Such a criticism of utilitarianism does not attack its foundations, because it does not disprove the importance of weighing consequences. It merely shows that utilitarians most often do not weigh enough factors in their quick assumption that white lies are harmless. They often fail to look at practices of deception and the ways in which these multiply and reinforce one another. They tend to focus, rather, on the individual case, seen from the point of view of the individual liar.

In the post-Watergate period, no one need regard a concern with the combined and long-term effects of deception as far-fetched. But even apart from political life, with its peculiar and engrossing temptations, lies tend to spread. Disagreeable facts come to be sugar-coated, and sad news softened or denied altogether. Many lie to children and to those who are ill about matters no longer peripheral but quite central, such as birth, adoption, divorce, and death. Deceptive propaganda and misleading advertising abound. All these lies are often dismissed on the same grounds of harmless- ness and triviality used for white lies in general.

It is worth taking a closer look at practices where lies believed trivial are common. Triviality in an isolated lie can then be more clearly seen to differ markedly from the costs of an entire practice — both to individuals and to communities. One such practice is that of giving placebos.

Placebos The common practice of prescribing placebos to unwitting pa- tients illustrates the two miscalculations so common to minor forms of de- ceit: ignoring possible harm and failing to see how gestures assumed to be trivial build up into collectively undesirable practices. Placebos have been used since the beginning of medicine. They can be sugar pills, salt-water injections — in fact, any medical procedure which has no specific effect on a patient’s condition, but which can have powerful psychological effects lead- ing to relief from symptoms such as pain or depression.

Placebos are prescribed with great frequency. Exactly how often cannot be known, the less so as physicians do not ordinarily talk publicly about using them. At times, self-deception enters in on the part of physicians, so that they have unwarranted faith in the powers of what can work only as a placebo. As with salesmanship, medication often involves unjustified belief in the excel- lence of what is suggested to others. In the past, most remedies were of a kind that, unknown to the medical profession and their patients, could have only placebic benefits, if any.

The derivation of ‘‘placebo,’’ from the Latin for ‘‘I shall please,’’ gives the word a benevolent ring, somehow placing placebos beyond moral criti- cism and conjuring up images of hypochondriacs whose vague ailments are dispelled through adroit prescriptions of beneficent sugar pills. Physicians often give a humorous tinge to instructions for prescribing these substances, which helps to remove them from serious ethical concern. One authority

82 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

Doth any man doubt, that if there were taken out of men’s minds vain opinions, flattering hopes, false valuations, imaginations as one would, and the like, but it would leave the minds of a number of men poor shrunken things, full of melancholy and indisposition, and unpleasing to themselves?1

Another kind of lie may actually be advocated as bringing a more sub- stantial benefit, or avoiding a real harm, while seeming quite innocuous to those who tell the lies. Such are the placebos given for innumerable com- mon ailments, and the pervasive use of inflated grades and recommenda- tions for employment and promotion.

A large number of lies without such redeeming features are nevertheless often regarded as so trivial that they should be grouped with white lies. They are the lies told on the spur of the moment, for want of reflection, or to get out of a scrape, or even simply to pass the time. Such are the lies told to boast or exaggerate, or on the contrary to deprecate and understate; the many lies told or repeated in gossip; Rousseau’s lies told simply ‘‘in order to say some- thing’’;2 the embroidering on facts that seem too tedious in their own right; and the substitution of a quick lie for the lengthy explanations one might otherwise have to provide for something not worth spending time on.

Utilitarians3 often cite white lies as the kind of deception where their theory shows the benefits of common sense and clear thinking. A white lie, they hold, is trivial; it is either completely harmless, or so marginally harmful that the cost of detecting and evaluating the harm is much greater than the minute harm itself. In addition, the white lie can often actually be beneficial, thus further tipping the scales of utility. In a world with so many difficult problems, utilitarians might ask: Why take the time to weigh the minute pros and cons in telling someone that his tie is attractive when it is an abomina- tion, or of saying to a guest that a broken vase was worthless? Why bother even to define such insignificant distortions or make mountains of our molehills by seeking to justify them?

Triviality surely does set limits to when moral inquiry is reasonable. But when we look more closely at practices such as placebo-giving, it becomes clear that all lies defended as ‘‘white’’ cannot be so easily dismissed. In the first place, the harmlessness of lies is notoriously disputable. What the liar perceives as harmless or even beneficial may not be so in the eyes of the deceived. Second, the failure to look at an entire practice rather than at their own isolated case often blinds liars to cumulative harm and expanding deceptive activities. Those who begin with white lies can come to resort to more frequent and more serious ones. Where some tell a few white lies, others may tell more. Because lines are so hard to draw, the indiscriminate use of such lies can lead to other deceptive practices. The aggregate harm from a large number of marginally harmful instances may, therefore, be highly undesirable in the end — for liars, those deceived, and honesty and trust more generally.

Just as the life-threatening cases showed the Kantian analysis4 to be too

Lying (selection): Reading 81

04_bos5511X_Ch02_p069-092.indd 83 7/24/14 9:27 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics84 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

somewhat overweight. This, she felt, was part of her problem. She claimed she was not very attractive to the opposite sex and could not seem to ‘‘get boys interested in me.’’ She had a few close friends of the same sex.

Her life at home was quite chaotic and stressful. There were frequent battles with her younger brother, who was fourteen, and with her parents. She claimed her parents were always ‘‘on my back.’’ She described her mother as extremely rigid and her father as a disciplinarian, who was quite old-fashioned in his values.

In all, she spent about twenty minutes talking with her pediatrician. She told him that what she thought she really needed was tranquilizers, and that was the reason she came. She felt that this was an extremely difficult year for her, and if she could have something to calm her nerves until she got over her current crises, everything would go better.

The pediatrician told her that he did not really believe in giving tranquilizers to a girl of her age. He said he thought it would be a bad precedent for her to establish. She was very insistent, however, and claimed that if he did not give her tranquilizers, she would ‘‘get them somehow.’’ Finally, he agreed to call her pharmacy and order medication for her nerves. She accepted graciously. He suggested that she call him in a few days to let him know how things were going. He also called her parents to say that he had a talk with her and he was giving her some medicine that might help her nerves.

Five days later, the girl called the pediatrician back to say that the pills were really working well. She claimed that she had calmed down a great deal, that she was working things out better with her parents, and had a new outlook on life. He suggested that she keep taking them twice a day for the rest of the school year. She agreed.

A month later, the girl ran out of pills and called her pediatrician for a refill. She found that he was away on vacation. She was quite distraught at not having any medication left, so she called her uncle who was a surgeon in the next town. He called the pharmacy to renew her pills and, in speaking to the druggist, found out that they were only vitamins. He told the girl that the pills were only vitamins and that she could get them over the counter and didn’t really need him to refill them. The girl became very distraught, feeling that she had been deceived and betrayed by her pediatrician. Her parents, when they heard, commented that they thought the pediatrician was ‘‘very clever.’’

The patients who do not discover the deception and are left believing that a placebic remedy has worked may continue to rely on it under the wrong circumstances. This is especially true with drugs such as antibiotics, which are sometimes used as placebos and sometimes for their specific ac- tion. Many parents, for example, come to believe that they must ask for the prescription of antibiotics every time their child has a fever or a cold. The fact that so many doctors accede to such requests perpetuates the depen- dence of these families on medical care they do not need and weakens their ability to cope with health problems. Worst of all, those children who cannot tolerate antibiotics may have severe reactions, sometimes fatal, to such un- necessary medication.

Such deceptive practices, by their very nature, tend to escape the normal restraints of accountability and can therefore spread more easily than others. There are many instances in which an innocuous-seeming practice has grown to become a large-scale and more dangerous one. Although

84 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

wrote in a pharmacological journal that the placebo should be given a name previously unknown to the patient and preferably Latin and polysyllabic, and added:

[I]t is wise if it be prescribed with some assurance and emphasis for psychotherapeu- tic effect. The older physicians each had his favorite placebic prescriptions — one chose tincture of Condurango, another the Fluidextract of Cimicifuga nigra.5

After all, health professionals argue, are not placebos far less dangerous than some genuine drugs? And more likely to produce a cure than if noth- ing at all is prescribed? Such a view was expressed in a letter to the Lancet:

Whenever pain can be relieved with a ml of saline, why should we inject an opiate? Do anxieties or discomforts that are allayed with starch capsules require administra- tion of a barbiturate, diazepam, or propoxyphene?6

Such a simplistic view conceals the real costs of placebos, both to indi- viduals and to the practice of medicine. First, the resort to placebos may actually prevent the treatment of an underlying, undiagnosed problem. And even if the placebo ‘‘works,’’ the effect is often short-lived; the symptoms may recur, or crop up in other forms. Very often, the symptoms of which the patient complains are bound to go away by themselves, sometimes even from the mere contact with a health professional. In those cases, the placebo itself is unnecessary; having recourse to it merely reinforces a tendency to depend upon pills or treatments where none is needed.

In the aggregate, the costs of placebos are immense. Many millions of dollars are expended on drugs, diagnostic tests, and psychotherapies of a placebic nature. Even operations can be of this nature — a hysterectomy may thus be performed, not because the condition of the patient requires such surgery, but because she goes from one doctor to another seeking to have the surgery performed, or because she is judged to have a great fear of cancer which might be alleviated by the very fact of the operation.

Even apart from financial and emotional costs and the squandering of resources, the practice of giving placebos is wasteful of a very precious good: the trust on which so much in the medical relationship depends. The trust of those patients who find out they have been duped is lost, sometimes irretriev- ably. They may then lose confidence in physicians and even in bona fide medication which they may need in the future. They may obtain for them- selves more harmful drugs or attach their hopes to debilitating fad cures.

The following description of a case7 where a placebo was prescribed reflects a common approach:

A seventeen-year-old girl visited her pediatrician, who had been taking care of her since infancy. She went to his office without her parents, although her mother had made the appointment for her over the telephone. She told the pediatrician that she was very healthy, but that she thought she had some emotional problems. She stated that she was having trouble sleeping at night, that she was very nervous most of the day. She was a senior in high school and claimed she was doing quite poorly in most of her subjects. She was worried about what she was going to do next year. She was

Lying (selection): Reading 83

04_bos5511X_Ch02_p069-092.indd 84 7/24/14 9:27 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

85Lying (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

somewhat overweight. This, she felt, was part of her problem. She claimed she was not very attractive to the opposite sex and could not seem to ‘‘get boys interested in me.’’ She had a few close friends of the same sex.

Her life at home was quite chaotic and stressful. There were frequent battles with her younger brother, who was fourteen, and with her parents. She claimed her parents were always ‘‘on my back.’’ She described her mother as extremely rigid and her father as a disciplinarian, who was quite old-fashioned in his values.

In all, she spent about twenty minutes talking with her pediatrician. She told him that what she thought she really needed was tranquilizers, and that was the reason she came. She felt that this was an extremely difficult year for her, and if she could have something to calm her nerves until she got over her current crises, everything would go better.

The pediatrician told her that he did not really believe in giving tranquilizers to a girl of her age. He said he thought it would be a bad precedent for her to establish. She was very insistent, however, and claimed that if he did not give her tranquilizers, she would ‘‘get them somehow.’’ Finally, he agreed to call her pharmacy and order medication for her nerves. She accepted graciously. He suggested that she call him in a few days to let him know how things were going. He also called her parents to say that he had a talk with her and he was giving her some medicine that might help her nerves.

Five days later, the girl called the pediatrician back to say that the pills were really working well. She claimed that she had calmed down a great deal, that she was working things out better with her parents, and had a new outlook on life. He suggested that she keep taking them twice a day for the rest of the school year. She agreed.

A month later, the girl ran out of pills and called her pediatrician for a refill. She found that he was away on vacation. She was quite distraught at not having any medication left, so she called her uncle who was a surgeon in the next town. He called the pharmacy to renew her pills and, in speaking to the druggist, found out that they were only vitamins. He told the girl that the pills were only vitamins and that she could get them over the counter and didn’t really need him to refill them. The girl became very distraught, feeling that she had been deceived and betrayed by her pediatrician. Her parents, when they heard, commented that they thought the pediatrician was ‘‘very clever.’’

The patients who do not discover the deception and are left believing that a placebic remedy has worked may continue to rely on it under the wrong circumstances. This is especially true with drugs such as antibiotics, which are sometimes used as placebos and sometimes for their specific ac- tion. Many parents, for example, come to believe that they must ask for the prescription of antibiotics every time their child has a fever or a cold. The fact that so many doctors accede to such requests perpetuates the depen- dence of these families on medical care they do not need and weakens their ability to cope with health problems. Worst of all, those children who cannot tolerate antibiotics may have severe reactions, sometimes fatal, to such un- necessary medication.

Such deceptive practices, by their very nature, tend to escape the normal restraints of accountability and can therefore spread more easily than others. There are many instances in which an innocuous-seeming practice has grown to become a large-scale and more dangerous one. Although

84 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

wrote in a pharmacological journal that the placebo should be given a name previously unknown to the patient and preferably Latin and polysyllabic, and added:

[I]t is wise if it be prescribed with some assurance and emphasis for psychotherapeu- tic effect. The older physicians each had his favorite placebic prescriptions — one chose tincture of Condurango, another the Fluidextract of Cimicifuga nigra.5

After all, health professionals argue, are not placebos far less dangerous than some genuine drugs? And more likely to produce a cure than if noth- ing at all is prescribed? Such a view was expressed in a letter to the Lancet:

Whenever pain can be relieved with a ml of saline, why should we inject an opiate? Do anxieties or discomforts that are allayed with starch capsules require administra- tion of a barbiturate, diazepam, or propoxyphene?6

Such a simplistic view conceals the real costs of placebos, both to indi- viduals and to the practice of medicine. First, the resort to placebos may actually prevent the treatment of an underlying, undiagnosed problem. And even if the placebo ‘‘works,’’ the effect is often short-lived; the symptoms may recur, or crop up in other forms. Very often, the symptoms of which the patient complains are bound to go away by themselves, sometimes even from the mere contact with a health professional. In those cases, the placebo itself is unnecessary; having recourse to it merely reinforces a tendency to depend upon pills or treatments where none is needed.

In the aggregate, the costs of placebos are immense. Many millions of dollars are expended on drugs, diagnostic tests, and psychotherapies of a placebic nature. Even operations can be of this nature — a hysterectomy may thus be performed, not because the condition of the patient requires such surgery, but because she goes from one doctor to another seeking to have the surgery performed, or because she is judged to have a great fear of cancer which might be alleviated by the very fact of the operation.

Even apart from financial and emotional costs and the squandering of resources, the practice of giving placebos is wasteful of a very precious good: the trust on which so much in the medical relationship depends. The trust of those patients who find out they have been duped is lost, sometimes irretriev- ably. They may then lose confidence in physicians and even in bona fide medication which they may need in the future. They may obtain for them- selves more harmful drugs or attach their hopes to debilitating fad cures.

The following description of a case7 where a placebo was prescribed reflects a common approach:

A seventeen-year-old girl visited her pediatrician, who had been taking care of her since infancy. She went to his office without her parents, although her mother had made the appointment for her over the telephone. She told the pediatrician that she was very healthy, but that she thought she had some emotional problems. She stated that she was having trouble sleeping at night, that she was very nervous most of the day. She was a senior in high school and claimed she was doing quite poorly in most of her subjects. She was worried about what she was going to do next year. She was

Lying (selection): Reading 83

04_bos5511X_Ch02_p069-092.indd 85 7/24/14 9:27 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics86 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

gators neither assumed financial responsibility for the babies nor indicated any concern about having bypassed the ‘‘informed consent’’ that is required in ethical experiments with human beings. One contented himself with the observation that if only the law had permitted it, he could have aborted the pregnant women!

The failure to think about the ethical problems in such a case stems at least in part from the innocent-seeming white lies so often told in giving placebos. The spread from therapy to experimentation and from harmless- ness to its opposite often goes unnoticed in part because of the triviality believed to be connected with placebos as white lies. This lack of foresight and concern is most frequent when the subjects in the experiment are least likely to object or defend themselves; as with the poor, the institutionalized, and the very young.

In view of all these ways in which placebo usage can spread, it is not enough to look at each incident of manipulation in isolation, no matter how benevolent it may be. When the costs and benefits are weighed, not only the individual consequences must be considered, but also the cumulative ones. Reports of deceptive practices inevitably leak out, and the resulting suspi- cion is heightened by the anxiety which threats to health always create. And so even the health professionals who do not mislead their patients are injured by those who do; the entire institution of medicine is threatened by practices lacking in candor, however harmless the results may appear in some individ- ual cases.

This is not to say that all placebos must be ruled out; merely that they cannot be excused as innocuous. They should be prescribed but rarely, and only after a careful diagnosis and consideration of non-deceptive alterna- tives; they should be used in experimentation only after subjects have con- sented to their use.

Letters of Recommendation Another deceptive practice where not much may seem to be at stake yet which has high accumulated costs is that of the inflated recommendation. It seems a harmless enough practice, and often an act of loyalty, to give extra praise to a friend, a colleague, a student, a relative. In the harsh competition for employment and advancement, such a gesture is natural. It helps someone, while injuring no one in particular, and balances out similar gestures on the part of many others. Yet the practice obviously injures those who do not benefit from this kind of assistance; and it injures them in a haphazard and inequitable way. Two applicants for work, who are equally capable, may be quite differently rated through no fault of their own.

The existing practices also pose many problems for the individuals caught up in them. Take, for instance, a system where all recommendations given to students are customarily exaggerated — where, say, 60 percent of all graduates are classified as belonging to the top 10 percent. If a professor were to make the honest statement to an employer that a student is merely

86 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

warnings against the ‘‘entering wedge’’ are often rhetorical devices, they can at times express justifiable caution; especially when there are great pressures to move along the undesirable path and when the safeguards are insuffi- cient.

In this perspective, there is much reason for concern about placebos. The safeguards against this practice are few or nonexistent — both because it is secretive in nature and because it is condoned but rarely carefully dis- cussed in the medical literature. And the pressures are very great, and grow- ing stronger, from drug companies, patients eager for cures, and busy physi- cians, for more medication, whether it is needed or not. Given this lack of safeguards and these strong pressures, the use of placebos can spread in a number of ways.

The clearest danger lies in the gradual shift from pharmacologically inert placebos to more active ones. It is not always easy to distinguish com- pletely inert substances from somewhat active ones and these in turn from more active ones. It may be hard to distinguish between a quantity of an active substance so low that it has little or no effect and quantities that have some effect. It is not always clear to doctors whether patients require an inert placebo or possibly a more active one, and there can be the temptation to resort to an active one just in case it might also have a specific effect. It is also much easier to deceive a patient with a medication that is known to be ‘‘real’’ and to have power. One recent textbook in medicine goes so far as to advocate the use of small doses of effective compounds as placebos rather than inert substances — because it is important for both the doctor and the patient to believe in the treatment! This shift is made easier because the dangers and side effects of active agents are not always known or considered important by the physician.

Meanwhile, the number of patients receiving placebos increases as more and more people seek and receive medical care and as their desire for in- stant, push-button alleviation of symptoms is stimulated by drug advertising and by rising expectations of what science can do. The use of placebos for children grows as well, and the temptations to manipulate the truth are less easily resisted once such great inroads have already been made.

Deception by placebo can also spread from therapy and diagnosis to experimentation. Much experimentation with placebos is honest and con- sented to by the experimental subjects, especially since the advent of strict rules governing such experimentation. But grievous abuses have taken place where placebos were given to unsuspecting subjects who believed they had received another substance. In 1971, for example, a number of Mexican- American women applied to a family-planning clinic for contraceptives. Some of them were given oral contraceptives and others were given place- bos, or dummy pills that looked like the real thing. Without fully informed consent, the women were being used in an experiment to explore the side effects of various contraceptive pills. Some of these who were given placebos experienced a predictable side effect — they became pregnant. The investi-

Lying (selection): Reading 85

04_bos5511X_Ch02_p069-092.indd 86 7/24/14 9:27 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

87Lying (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

gators neither assumed financial responsibility for the babies nor indicated any concern about having bypassed the ‘‘informed consent’’ that is required in ethical experiments with human beings. One contented himself with the observation that if only the law had permitted it, he could have aborted the pregnant women!

The failure to think about the ethical problems in such a case stems at least in part from the innocent-seeming white lies so often told in giving placebos. The spread from therapy to experimentation and from harmless- ness to its opposite often goes unnoticed in part because of the triviality believed to be connected with placebos as white lies. This lack of foresight and concern is most frequent when the subjects in the experiment are least likely to object or defend themselves; as with the poor, the institutionalized, and the very young.

In view of all these ways in which placebo usage can spread, it is not enough to look at each incident of manipulation in isolation, no matter how benevolent it may be. When the costs and benefits are weighed, not only the individual consequences must be considered, but also the cumulative ones. Reports of deceptive practices inevitably leak out, and the resulting suspi- cion is heightened by the anxiety which threats to health always create. And so even the health professionals who do not mislead their patients are injured by those who do; the entire institution of medicine is threatened by practices lacking in candor, however harmless the results may appear in some individ- ual cases.

This is not to say that all placebos must be ruled out; merely that they cannot be excused as innocuous. They should be prescribed but rarely, and only after a careful diagnosis and consideration of non-deceptive alterna- tives; they should be used in experimentation only after subjects have con- sented to their use.

Letters of Recommendation Another deceptive practice where not much may seem to be at stake yet which has high accumulated costs is that of the inflated recommendation. It seems a harmless enough practice, and often an act of loyalty, to give extra praise to a friend, a colleague, a student, a relative. In the harsh competition for employment and advancement, such a gesture is natural. It helps someone, while injuring no one in particular, and balances out similar gestures on the part of many others. Yet the practice obviously injures those who do not benefit from this kind of assistance; and it injures them in a haphazard and inequitable way. Two applicants for work, who are equally capable, may be quite differently rated through no fault of their own.

The existing practices also pose many problems for the individuals caught up in them. Take, for instance, a system where all recommendations given to students are customarily exaggerated — where, say, 60 percent of all graduates are classified as belonging to the top 10 percent. If a professor were to make the honest statement to an employer that a student is merely

86 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

warnings against the ‘‘entering wedge’’ are often rhetorical devices, they can at times express justifiable caution; especially when there are great pressures to move along the undesirable path and when the safeguards are insuffi- cient.

In this perspective, there is much reason for concern about placebos. The safeguards against this practice are few or nonexistent — both because it is secretive in nature and because it is condoned but rarely carefully dis- cussed in the medical literature. And the pressures are very great, and grow- ing stronger, from drug companies, patients eager for cures, and busy physi- cians, for more medication, whether it is needed or not. Given this lack of safeguards and these strong pressures, the use of placebos can spread in a number of ways.

The clearest danger lies in the gradual shift from pharmacologically inert placebos to more active ones. It is not always easy to distinguish com- pletely inert substances from somewhat active ones and these in turn from more active ones. It may be hard to distinguish between a quantity of an active substance so low that it has little or no effect and quantities that have some effect. It is not always clear to doctors whether patients require an inert placebo or possibly a more active one, and there can be the temptation to resort to an active one just in case it might also have a specific effect. It is also much easier to deceive a patient with a medication that is known to be ‘‘real’’ and to have power. One recent textbook in medicine goes so far as to advocate the use of small doses of effective compounds as placebos rather than inert substances — because it is important for both the doctor and the patient to believe in the treatment! This shift is made easier because the dangers and side effects of active agents are not always known or considered important by the physician.

Meanwhile, the number of patients receiving placebos increases as more and more people seek and receive medical care and as their desire for in- stant, push-button alleviation of symptoms is stimulated by drug advertising and by rising expectations of what science can do. The use of placebos for children grows as well, and the temptations to manipulate the truth are less easily resisted once such great inroads have already been made.

Deception by placebo can also spread from therapy and diagnosis to experimentation. Much experimentation with placebos is honest and con- sented to by the experimental subjects, especially since the advent of strict rules governing such experimentation. But grievous abuses have taken place where placebos were given to unsuspecting subjects who believed they had received another substance. In 1971, for example, a number of Mexican- American women applied to a family-planning clinic for contraceptives. Some of them were given oral contraceptives and others were given place- bos, or dummy pills that looked like the real thing. Without fully informed consent, the women were being used in an experiment to explore the side effects of various contraceptive pills. Some of these who were given placebos experienced a predictable side effect — they became pregnant. The investi-

Lying (selection): Reading 85

04_bos5511X_Ch02_p069-092.indd 87 7/24/14 9:27 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics88 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

more excusable for those individuals to cooperate with the general norm, who cannot establish a different verbal ‘‘currency’’ for what they say.

Institutions, on the other hand, do have more leverage. Some can seek to minimize the reliance on such reports altogether. Others can try to work at the verbal inflation itself. But it is very difficult to do so, especially for large organizations. The U.S. Army tried to scale down evaluations by publishing the evaluation report I have cited. It suggested mean scores for the different ranks, but few felt free to follow these means in individual cases, for fear of hurting the persons being rated. As a result, the suggested mean scores once again lost all value.

Truthfulness at What Price? These examples show that one cannot dismiss lies merely by claiming that they don’t matter. More often than not, they do matter, even where looked at in simple terms of harm and benefit. Any awareness of how lies spread must generate a real sensitivity to the fact that most lies believed to be ‘‘white’’ are unnecessary if not downright undesir- able. Many are not as harmless as liars take them to be. And even those lies which would generally be accepted as harmless are not needed whenever their goals can be achieved through completely honest means. Why tell a flattering lie about someone’s hat rather than a flattering truth about their flowers? Why tell a general white lie about a gift, a kind act, a newborn baby, rather than a more specific truthful statement? If the purpose is understood by both speaker and listener to be one of civility and support, the full truth in such cases is not called for.8

I would not wish to argue that all white lies should be ruled out. Individ- uals caught up in the practices of making inflated recommendations, for example, may have no other recourse. In a few cases, placebos may be the only reasonable alternative. And certain marginally deceptive social ex- cuses and conventions are unavoidable if feelings are not be be needlessly in- jured.

But these are very few. And it is fallacious to argue that all white lies are right because a few are. As a result, those who undertake to tell white lies should look hard for alternatives. They should see even these lies as links in much wider practices and should know the ways in which these practices can spread. If they do, white lies, where truly harmless and a last resort — told, for instance, to avoid hurting someone’s feelings — can be accepted as pol- icy, but only under such limited circumstances.

Most of us doubtless come into more frequent contact with white lies than with any other form of deception. To the extent that we train ourselves to see their ramifications and succeed in eliminating them from our speech, the need to resort to them will diminish. If we can then make it clear to others that we stand in no need of white lies from them, many needless complications will have been avoided.

A word of caution is needed here. To say that white lies should be kept at a minimum is not to endorse the telling of truths to all comers. Silence and

88 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

among the top 60 percent, he might severely injure that student’s ability to find work, since the statement would not be taken at face value but would be wrongly interpreted to mean that his real standing was very near the bottom.

Or consider officer evaluation reports in the U.S. Army. Those who rate officers are asked to give them scores of ‘‘outstanding,’’ ‘‘superior,’’ ‘‘excel- lent,’’ ‘‘effective,’’ ‘‘marginal,’’ and ‘‘inadequate.’’ Raters know, however, that those who are ranked anything less than ‘‘outstanding’’ (say, ‘‘supe- rior’’ or ‘‘excellent’’) are then at a great disadvantage, and become likely candidates for discharge. Here, superficial verbal harmlessness combines with the harsh realities of the competition for advancement and job reten- tion to produce an inflated set of standards to which most feel bound to conform.

In such cases, honesty might victimize innocent persons. At the same time, using the evaluations in the accepted manner is still burdensome or irritating to many. And the blurring of the meaning of words in these cir- cumstances can make it seem easier, perhaps even necessary, not to be straightforward in others.

It is difficult for raters to know what to do in such cases. Some feel forced to say what they do not mean. Others adhere to a high standard of accuracy and thereby perhaps injure those who must have their recommendations.

To make choices on the basis of such inflated recommendations is equally difficult. This is especially true in large organizations, or at great distances, where those who receive the ratings never know who the raters are or by what standards they work.

The entire practice, then, is unjust for those rated and bewildering for those who give and make use of ratings. It also robs recommendations of whatever benefits they are intended to bring. No one can know what is meant by a particular rating. Such a practice is fraught with difficulties; the costs to deceivers and deceived alike are great.

For this reason, those who give ratings should make every effort to re- duce the injustice and to come closer to the standard of accuracy which they would accept were it not for the inflated practice. But if one goes against such a practice, one does have the responsibility of indicating that one is doing so, in order to minimize the effect on those rated. To do so requires time, power, and consistency. A counselor at a school for highly sought-after students, for example, can make it clear to college recruiters that he means every word he uses in his recommendations of students. So can colleagues who know each other well, when they discuss job applicants. But many are caught up in practices where they are nearly anonymous, perhaps transient, and where they have no contact with those who ask them to make out ratings for students or staff members or military personnel. They are then quite powerless: while it may be demeaning to participate in the inflated practices, it is hard to resist them singlehandedly. In verbal inflation as with monetary inflation, more general measures are often necessary. It must, therefore, be

Lying (selection): Reading 87

04_bos5511X_Ch02_p069-092.indd 88 7/24/14 9:27 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

89Lying (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

more excusable for those individuals to cooperate with the general norm, who cannot establish a different verbal ‘‘currency’’ for what they say.

Institutions, on the other hand, do have more leverage. Some can seek to minimize the reliance on such reports altogether. Others can try to work at the verbal inflation itself. But it is very difficult to do so, especially for large organizations. The U.S. Army tried to scale down evaluations by publishing the evaluation report I have cited. It suggested mean scores for the different ranks, but few felt free to follow these means in individual cases, for fear of hurting the persons being rated. As a result, the suggested mean scores once again lost all value.

Truthfulness at What Price? These examples show that one cannot dismiss lies merely by claiming that they don’t matter. More often than not, they do matter, even where looked at in simple terms of harm and benefit. Any awareness of how lies spread must generate a real sensitivity to the fact that most lies believed to be ‘‘white’’ are unnecessary if not downright undesir- able. Many are not as harmless as liars take them to be. And even those lies which would generally be accepted as harmless are not needed whenever their goals can be achieved through completely honest means. Why tell a flattering lie about someone’s hat rather than a flattering truth about their flowers? Why tell a general white lie about a gift, a kind act, a newborn baby, rather than a more specific truthful statement? If the purpose is understood by both speaker and listener to be one of civility and support, the full truth in such cases is not called for.8

I would not wish to argue that all white lies should be ruled out. Individ- uals caught up in the practices of making inflated recommendations, for example, may have no other recourse. In a few cases, placebos may be the only reasonable alternative. And certain marginally deceptive social ex- cuses and conventions are unavoidable if feelings are not be be needlessly in- jured.

But these are very few. And it is fallacious to argue that all white lies are right because a few are. As a result, those who undertake to tell white lies should look hard for alternatives. They should see even these lies as links in much wider practices and should know the ways in which these practices can spread. If they do, white lies, where truly harmless and a last resort — told, for instance, to avoid hurting someone’s feelings — can be accepted as pol- icy, but only under such limited circumstances.

Most of us doubtless come into more frequent contact with white lies than with any other form of deception. To the extent that we train ourselves to see their ramifications and succeed in eliminating them from our speech, the need to resort to them will diminish. If we can then make it clear to others that we stand in no need of white lies from them, many needless complications will have been avoided.

A word of caution is needed here. To say that white lies should be kept at a minimum is not to endorse the telling of truths to all comers. Silence and

88 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

among the top 60 percent, he might severely injure that student’s ability to find work, since the statement would not be taken at face value but would be wrongly interpreted to mean that his real standing was very near the bottom.

Or consider officer evaluation reports in the U.S. Army. Those who rate officers are asked to give them scores of ‘‘outstanding,’’ ‘‘superior,’’ ‘‘excel- lent,’’ ‘‘effective,’’ ‘‘marginal,’’ and ‘‘inadequate.’’ Raters know, however, that those who are ranked anything less than ‘‘outstanding’’ (say, ‘‘supe- rior’’ or ‘‘excellent’’) are then at a great disadvantage, and become likely candidates for discharge. Here, superficial verbal harmlessness combines with the harsh realities of the competition for advancement and job reten- tion to produce an inflated set of standards to which most feel bound to conform.

In such cases, honesty might victimize innocent persons. At the same time, using the evaluations in the accepted manner is still burdensome or irritating to many. And the blurring of the meaning of words in these cir- cumstances can make it seem easier, perhaps even necessary, not to be straightforward in others.

It is difficult for raters to know what to do in such cases. Some feel forced to say what they do not mean. Others adhere to a high standard of accuracy and thereby perhaps injure those who must have their recommendations.

To make choices on the basis of such inflated recommendations is equally difficult. This is especially true in large organizations, or at great distances, where those who receive the ratings never know who the raters are or by what standards they work.

The entire practice, then, is unjust for those rated and bewildering for those who give and make use of ratings. It also robs recommendations of whatever benefits they are intended to bring. No one can know what is meant by a particular rating. Such a practice is fraught with difficulties; the costs to deceivers and deceived alike are great.

For this reason, those who give ratings should make every effort to re- duce the injustice and to come closer to the standard of accuracy which they would accept were it not for the inflated practice. But if one goes against such a practice, one does have the responsibility of indicating that one is doing so, in order to minimize the effect on those rated. To do so requires time, power, and consistency. A counselor at a school for highly sought-after students, for example, can make it clear to college recruiters that he means every word he uses in his recommendations of students. So can colleagues who know each other well, when they discuss job applicants. But many are caught up in practices where they are nearly anonymous, perhaps transient, and where they have no contact with those who ask them to make out ratings for students or staff members or military personnel. They are then quite powerless: while it may be demeaning to participate in the inflated practices, it is hard to resist them singlehandedly. In verbal inflation as with monetary inflation, more general measures are often necessary. It must, therefore, be

Lying (selection): Reading 87

04_bos5511X_Ch02_p069-092.indd 89 7/24/14 9:27 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics90 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

Lying Sissela Bok

Reading Questions

According to Bok:

1. Why are expressions such as “Cordially yours” white lies in only a marginal sense?

2. What do utilitarians often overlook in their justification of white lies?

3. What dangers arise from the widespread use of placebos?

4. What difficulties does the prevalence of inflated recommendations create for those writing letters of recommendation? for those reading them?

5. What responsibilities fall on those who write noninflated letters of recommendation?

Discussion Questions

In your own view:

1. What makes lying wrong in general? Does this reason apply to white lies?

2. Is it morally wrong for a physician to give a patient a placebo if the physician is convinced that a placebo will help the patient and do no harm?

3. Is it morally wrong to write an inflated letter of recommendation in order to enable the person to compete among other candidates who will probably also have inflated recommendations?

4. Is it morally wrong to tell a white lie to give someone a compliment?

5. Is it morally wrong to tell a white lie when one is convinced that the lie would benefit others and not harm anyone?

90 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

© The McGraw−Hill Companies, 2006

discretion, respect for the privacy and for the feelings of others must natu- rally govern what is spoken. The gossip one conveys and the malicious re- ports one spreads may be true without therefore being excusable. And the truth told in such a way as to wound may be unforgivably cruel, as when a physician answers a young man asking if he has cancer with a curt Yes as he leaves the room. He may not have lied, but he has failed in every professional duty of respect and concern for his patient.

Once it has been established that lies should not be told, it still remains to be seen whether anything should be conveyed, and, if so, how this can best be done. The self-appointed removers of false beliefs from those for whom these beliefs may be all that sustains them can be as harmful as the most callous liars.

� N O T E S

1. Francis Bacon, ‘‘Of Truth,’’ in Essays Civil and Moral (London: Ward, Lock, & Co., 1910). [S.B.] Francis Bacon (1561 – 1626) was an English philosopher. [D.C.A., ed.]

2. Jean-Jacques Rousseau, Reveries of a Solitary, trans. John Gould Fletcher (New York: Franklin, 1971). [S.B.] Rousseau was a French (Swiss born) philosopher. [D.C.A.]

3. utilitarians: proponents of the doctrine that one should always act in a way that maximizes ‘‘utility,’’ which is defined as the greatest good for the greatest number [D.C.A.]

4. According to the German philosopher Immanuel Kant (1724 – 1804), it is always wrong to tell a lie, even when doing so would save the life of an innocent person. [D.C.A.]

5. O. H. Pepper, ‘‘A Note on the Placebo,’’ American Journal of Pharmacy 117 (1945):409 – 412. [S.B.]

6. J. Sice, ‘‘Letter to the Editor,’’ The Lancet 2 (1972):651. [S.B.] 7. I am grateful to Dr. Melvin Levine for the permission to reproduce this

case, used in the Ethics Rounds at the Children’s Hospital in Boston. [S.B.]

8. If, on the other hand, one is asked for one’s honest opinion, such partial answers no longer suffice. A flattering truth that conceals one’s opinion is then as deceitful as a flattering lie. To avoid deception, one must then choose either to refuse to answer or to answer honestly. [S.B.]

Lying (selection): Reading 89

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91Lying (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

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Lying Sissela Bok

Reading Questions

According to Bok:

1. Why are expressions such as “Cordially yours” white lies in only a marginal sense?

2. What do utilitarians often overlook in their justification of white lies?

3. What dangers arise from the widespread use of placebos?

4. What difficulties does the prevalence of inflated recommendations create for those writing letters of recommendation? for those reading them?

5. What responsibilities fall on those who write noninflated letters of recommendation?

Discussion Questions

In your own view:

1. What makes lying wrong in general? Does this reason apply to white lies?

2. Is it morally wrong for a physician to give a patient a placebo if the physician is convinced that a placebo will help the patient and do no harm?

3. Is it morally wrong to write an inflated letter of recommendation in order to enable the person to compete among other candidates who will probably also have inflated recommendations?

4. Is it morally wrong to tell a white lie to give someone a compliment?

5. Is it morally wrong to tell a white lie when one is convinced that the lie would benefit others and not harm anyone?

90 ANALYZING MORAL ISSUES - Vol. 1Abel: Discourses Applied Ethics and Social Ethics: Lying

Sissela Bok, ‘‘Lying’’ (selection)

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discretion, respect for the privacy and for the feelings of others must natu- rally govern what is spoken. The gossip one conveys and the malicious re- ports one spreads may be true without therefore being excusable. And the truth told in such a way as to wound may be unforgivably cruel, as when a physician answers a young man asking if he has cancer with a curt Yes as he leaves the room. He may not have lied, but he has failed in every professional duty of respect and concern for his patient.

Once it has been established that lies should not be told, it still remains to be seen whether anything should be conveyed, and, if so, how this can best be done. The self-appointed removers of false beliefs from those for whom these beliefs may be all that sustains them can be as harmful as the most callous liars.

� N O T E S

1. Francis Bacon, ‘‘Of Truth,’’ in Essays Civil and Moral (London: Ward, Lock, & Co., 1910). [S.B.] Francis Bacon (1561 – 1626) was an English philosopher. [D.C.A., ed.]

2. Jean-Jacques Rousseau, Reveries of a Solitary, trans. John Gould Fletcher (New York: Franklin, 1971). [S.B.] Rousseau was a French (Swiss born) philosopher. [D.C.A.]

3. utilitarians: proponents of the doctrine that one should always act in a way that maximizes ‘‘utility,’’ which is defined as the greatest good for the greatest number [D.C.A.]

4. According to the German philosopher Immanuel Kant (1724 – 1804), it is always wrong to tell a lie, even when doing so would save the life of an innocent person. [D.C.A.]

5. O. H. Pepper, ‘‘A Note on the Placebo,’’ American Journal of Pharmacy 117 (1945):409 – 412. [S.B.]

6. J. Sice, ‘‘Letter to the Editor,’’ The Lancet 2 (1972):651. [S.B.] 7. I am grateful to Dr. Melvin Levine for the permission to reproduce this

case, used in the Ethics Rounds at the Children’s Hospital in Boston. [S.B.]

8. If, on the other hand, one is asked for one’s honest opinion, such partial answers no longer suffice. A flattering truth that conceals one’s opinion is then as deceitful as a flattering lie. To avoid deception, one must then choose either to refuse to answer or to answer honestly. [S.B.]

Lying (selection): Reading 89

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics92

BIBLIOGRAPHY

Immanuel Kant, “Concerning a Pretended Right to Lie from Motives of Humanity,” trans. A. E. Kroeger. The Journal of Speculative Philosophy 7 (1873) (updated stylistically).

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© The McGraw−Hill Companies, 2006

93Chapter 3: Consequences Matter—Utilitarianism

CHAPTER 3: Consequences

Matter—Utilitarianism

INTRODUCTION

Utilitarianism is a teleological or consequentiality ethical theory which determines the ethical permissibility of an act on the basis of the con- sequences of the act. Two of the most renowned Utilitarians are Jeremy Bentham and his son-in-law John Stuart Mill. Their philosophical analyses provides the foundation for the work of contemporary Utilitarians such as Peter Singer.

Bentham argues that “Nature has placed mankind under two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as determine what we shall do.” In his view, human beings are put together in such a way that we respond primarily to two forces, pain and pleasure. Thus we engage in actions and activities that will lead to pleasure and we avoid actions and activities that will lead to pain or suffering. In the above quotation above, Bentham claims that, as a matter of ethics, we ought to live by this principle and also that, as a matter of human psychology we will, in fact, live by this principle.

By the principle of utility Bentham means “that principle which approves and disapproves of every action whatsoever, according to the tendency which it appears to have to augment or diminish happiness”. In other words, ethical actions augment or increase net happiness and unethical or bad action diminish or reduce net happiness. As John Stuart Mill notes, the happiness involved is not solely individual happiness but the happiness of all affected directly by an action. Mill adds that “The happiness which forms the Utilitarian standard of what is right conduct, is not the agent’s own happiness, but that of all concerned…” In this way, the rightness or wrongness of an act is not based upon the consequences of pain and pleasure for yourself alone, but also those consequences for others who are directly affected by the act.

For Bentham, when one is faced with an ethical dilemma for which one is unsure of right course of action, then one must employ what Bentham calls the Hedonic Calculus.

The following considerations are made regarding acts of pleasure: intensity, duration, certainty, and propinquity (nearness in time). The following considerations are made regarding the consequences of actions: fecundity (the chances that it will be followed by more of the same), purity (the chances that the pleasure will not be followed by pain), and extent--the number of people it affects.

Bentham argues that pleasure is pleasure and it does not matter if one engages in base, animal pleasure or more robust intellectual activities. John Stuart Mill, on the other hand, argues that humanity can aim higher and

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ought to seek out higher, intellectual pleasure. As he says, “It is better to be Socrates dissatisfied than a fool satisfied… It is better to be a human being dissatisfied than a pig satisfied.” Mill goes on to argue that there are higher and lower pleasures. As he says, “If one of the two [pleasures] is, by those who are competently acquainted with both, placed so far above the other that they… would not resign it for any quantity of the other pleasure which their nature is capable of, we are justified in ascribing to the preferred enjoyment a superiority in quality, so far outweighing quantity as to render it, in comparison, of small account.”

“It is better to be a human being dissatisfied than a pig satisfied, better to be Socrates dissatisfied than a fool satisfied” John Stuart Mill

The central problem with a Utilitarian justification for the ethical permissibility of an ethical issue is that a utilitarian analysis could be used to systematically violate the rights of individual persons if such a violation would result in a net to all involved. This results from the fact that the theory says nothing about the distribution of the good effects, say happiness. So long as the number of people who will benefit from an unethical action (and the benefit generated to them outweighs the harm caused to the few), then the action is justified.

For example, the Nazis employed utilitarian justifications for some of their experiments conducted on unwilling prisoners during WWII, arguing that, theoretically, the appalling pain and unhappiness they were causing could in the long run save lives. When there is a great need, especially in cases where there is an epidemic, Utilitarian justifications are often employed to justify infringing upon or violating the rights of persons in the name of benefiting the greater good. Mill’s finessing of Bentham’s original theory does take care of much of this chink in the utilitarian armor, but some problems remain.

The Utilitarians endeavor to block the objection by appealing to “the long run”, one may ask what is the long run? Is it 10 years, 40 years, or even 100 years? Whatever time period is picked will be arbitrary. The case against President Harry Truman’s decision to drop the atomic bomb on Hiroshima and Nagasaki in 1945—an indefensible decision to kill innocent people that has been condemned in no uncertain terms by Kantian moral philosophers as nothing less than mass murder—could be made to seem the right thing to do if one could prove that Truman in fact saved more lives than he killed in the long run, that is, had the war gone on longer than it did with its atomic holocaust of an ending. The meaning of “in the long run” in this particular case, however, has changed over the years, as the number of those who have died from cancer directly caused by atomic radiation increased exponentially. A related problem is that there is often no way of knowing whether in the distant future, the bad effects of an ethically objectionable action will swamp the good effects. As will be seen in Part III,

MAKING A UTILITARIAN ARGUMENT • Consider

the conse- quences of the act, not the act itself and not the moral agent. Only the con- sequences matter.

• Consider whether the amount of happiness or the elimi- nation of unhappiness those con- sequences bring. Nothing else matters.

• Consider the happiness and unhappi- ness caused by those con- sequences to persons affected by the action in the same way.

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95

the damage human society is perpetrating on the Earth and its atmosphere may have initially been justified by short-term bits of happiness such as better transportation and cheaper energy; but it is in the last half-century that the long-term irreparable damage to the atmosphere and the oceans has come to light. In practice, Utilitarians just as often decide on intuitive grounds which actions are unacceptable and which are not as they decide on present evidence about the consequences of the act in question. When they provide no evidence to support the claim of long-term bad effects and are deciding beforehand on intuitive grounds which experiments are bad, they are not really using Mill’s principle to decide the issue. It is worth noting that, applied as Mill and his followers have found, Classical Utilitarian arguments when the actual evidence is verifiable have proved immensely effective in virtually every fight for individual rights as well as for civil rights in the 20th and 21st Centuries.

Octavio Roca and Matthew Schuh

Chapter 3: Consequences Matter—Utilitarianism

• Everyone counts the same, if the conse- quences affect them in the same way.

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well as to determine what we shall do. On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection will serve but to demonstrate and confirm it. In words a man may pretend to abjure their empire,1 but in re- ality he will remain subject to it all the while. The principle of utility recognises this subjection and assumes it for the foundation of that system, the object of which is to rear2 the fabric of felicity by the hands of reason and of law. Systems which attempt to question it deal in sounds instead of sense, in caprice instead of reason, in darkness instead of light.

But enough of metaphor and declamation; it is not by such means that moral science is to be improved.

The principle of utility is the foundation of the present work. It will be proper therefore at the outset to give an explicit and determinate account of what is meant by it. By the principle of utility is meant that principle which approves or disapproves of every action whatsoever, according to the ten- dency which it appears to have to augment or diminish the happiness of the party whose interest is in question—or, what is the same thing in other words, to promote or to oppose that happiness. I say of every action whatso- ever; and therefore not only of every action of a private individual, but of every measure of government.

By utility is meant that property in any object whereby it tends to pro- duce benefit, advantage, pleasure, good, or happiness (all this in the present case comes to the same thing), or (what comes again to the same thing) to prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered: if that party be the community in general, then the happiness of the community; if a particular individual, then the happi- ness of that individual.

The interest of the community is one of the most general expressions that can occur in the phraseology of morals. No wonder that the meaning of it is often lost. When it has a meaning, it is this. The community is a ficti- tious body composed of the individual persons who are considered as consti- tuting, as it were, its members. The interest of the community, then, is what? The sum of the interests of the several members who compose it.

It is in vain to talk of the interest of the community without under- standing what is the interest of the individual. A thing is said to promote the interest, or to be for the interest, of an individual when it tends to add to the sum total of his pleasures—or, what comes to the same thing, to diminish the sum total of his pains.

An action then may be said to be conformable to the principle of utility, or, for shortness’ sake, to utility (meaning with respect to the community at large), when the tendency it has to augment the happiness of the commu- nity is greater than any it has to diminish it.

A measure of government (which is but a particular kind of action, per- formed by a particular person or persons) may be said to be conformable to

Abel Discourses

Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

An Introduction to the Principles of Morals (selection): Reading 37

An Introduction to the Principles of Morals and Legislation

Jeremy Bentham

Jeremy Bentham was born in London in 1748. A child prodigy, he read Latin at age four and graduated from Oxford University at age fifteen. He then studied law. Distressed by the abuses in the English legal system that he witnessed as a law student, and by the inadequate theoretical justification of legal practices, he set out to reform the system on a solid philosophical basis. Bentham wrote a commentary on Commentaries on the Laws of England by the English jurist William Blackstone. He pub- lished part of it in 1776 as A Fragment on Government, but the entire work was not pub- lished until 1928, under the title A Comment on the Commentaries: A Criticism of William Blackstone’s Commentaries on the Laws of England. In 1875 Bentham began a three-year trip to visit his brother Samuel, who was working as an engineer in the Russian armed forces. While abroad he wrote and published a treatise on economics entitled A Defense of Usury (1787) and continued to work on An Introduction to the Principles of Morals and Legislation, which was published in 1789 and brought him great fame.

To help promulgate his philosophical ideas, Bentham helped found the Westminster Review in 1823. He published the first volume of A Constitutional Code: For the Use of All Nations and All Governments Professing Liberal Opinions in 1830, but was unable to complete it before his death in London in 1832. In accordance with the directives in his will, a likeness of him was reconstructed from his skeleton and put on display in a cabinet at the University of London (which he had helped found in 1826), where it still remains. (After his body was dissected, his skeleton was dressed in his own clothes, seated upright, and then fitted with a wax head to replace his mummified real head, which is also on display.)

Our reading is from An Introduction to the Principles of Morals and Legislation. In Chapter I, “Of the Principle of Utility,” Bentham presents his moral doctrine that the morality of an action depends on its utility (the doctrine known as utilitarianism). He explains that by “utility” he means the property by which an action tends to promote the happiness, or prevent the unhappiness, of everyone affected by it. Happiness is syn- onymous with pleasure, and unhappiness with pain. According to the “principle of util- ity,” therefore, the moral goodness of an action is determined by the extent to which it produces pleasure or prevents pain for everyone involved, and moral evil is determined by the extent to which the action produces pain or prevents pleasure for everyone in- volved.

In Chapter II, “Of Principles Averse to That of Utility,” Bentham explains and ar- gues against two theories opposed to utilitarianism: the principle of asceticism, which holds (in exact opposition to utilitarianism) that actions are good insofar as they pro- mote pain and are evil insofar as they promote pleasure; and the principle of sympa- thy/antipathy, which bases the morality of an action on the agent’s feelings of approval and disapproval, rather than on the external effects of the action. Chapter IV, “Value of a Lot of Pleasure or Pain, How to Be Measured,” gives guidelines for calculating the amount of pleasure or pain an action produces. In Chapter X, “Of Motives,” Bentham argues that because all actions are motivated by the desire to gain pleasure or avoid pain, all motives are, strictly speaking, good.

Chapter I. Of the Principle of Utility

Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as

Abel Discourses

Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

36 An Examined Life Critical Thinking and Ethics

05_bos5511X_Ch03_p093-117.indd 96 7/24/14 8:19 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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97An Introduction to the Principles of Morals (selection): Reading

well as to determine what we shall do. On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection will serve but to demonstrate and confirm it. In words a man may pretend to abjure their empire,1 but in re- ality he will remain subject to it all the while. The principle of utility recognises this subjection and assumes it for the foundation of that system, the object of which is to rear2 the fabric of felicity by the hands of reason and of law. Systems which attempt to question it deal in sounds instead of sense, in caprice instead of reason, in darkness instead of light.

But enough of metaphor and declamation; it is not by such means that moral science is to be improved.

The principle of utility is the foundation of the present work. It will be proper therefore at the outset to give an explicit and determinate account of what is meant by it. By the principle of utility is meant that principle which approves or disapproves of every action whatsoever, according to the ten- dency which it appears to have to augment or diminish the happiness of the party whose interest is in question—or, what is the same thing in other words, to promote or to oppose that happiness. I say of every action whatso- ever; and therefore not only of every action of a private individual, but of every measure of government.

By utility is meant that property in any object whereby it tends to pro- duce benefit, advantage, pleasure, good, or happiness (all this in the present case comes to the same thing), or (what comes again to the same thing) to prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered: if that party be the community in general, then the happiness of the community; if a particular individual, then the happi- ness of that individual.

The interest of the community is one of the most general expressions that can occur in the phraseology of morals. No wonder that the meaning of it is often lost. When it has a meaning, it is this. The community is a ficti- tious body composed of the individual persons who are considered as consti- tuting, as it were, its members. The interest of the community, then, is what? The sum of the interests of the several members who compose it.

It is in vain to talk of the interest of the community without under- standing what is the interest of the individual. A thing is said to promote the interest, or to be for the interest, of an individual when it tends to add to the sum total of his pleasures—or, what comes to the same thing, to diminish the sum total of his pains.

An action then may be said to be conformable to the principle of utility, or, for shortness’ sake, to utility (meaning with respect to the community at large), when the tendency it has to augment the happiness of the commu- nity is greater than any it has to diminish it.

A measure of government (which is but a particular kind of action, per- formed by a particular person or persons) may be said to be conformable to

Abel Discourses

Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

An Introduction to the Principles of Morals (selection): Reading 37

An Introduction to the Principles of Morals and Legislation

Jeremy Bentham

Jeremy Bentham was born in London in 1748. A child prodigy, he read Latin at age four and graduated from Oxford University at age fifteen. He then studied law. Distressed by the abuses in the English legal system that he witnessed as a law student, and by the inadequate theoretical justification of legal practices, he set out to reform the system on a solid philosophical basis. Bentham wrote a commentary on Commentaries on the Laws of England by the English jurist William Blackstone. He pub- lished part of it in 1776 as A Fragment on Government, but the entire work was not pub- lished until 1928, under the title A Comment on the Commentaries: A Criticism of William Blackstone’s Commentaries on the Laws of England. In 1875 Bentham began a three-year trip to visit his brother Samuel, who was working as an engineer in the Russian armed forces. While abroad he wrote and published a treatise on economics entitled A Defense of Usury (1787) and continued to work on An Introduction to the Principles of Morals and Legislation, which was published in 1789 and brought him great fame.

To help promulgate his philosophical ideas, Bentham helped found the Westminster Review in 1823. He published the first volume of A Constitutional Code: For the Use of All Nations and All Governments Professing Liberal Opinions in 1830, but was unable to complete it before his death in London in 1832. In accordance with the directives in his will, a likeness of him was reconstructed from his skeleton and put on display in a cabinet at the University of London (which he had helped found in 1826), where it still remains. (After his body was dissected, his skeleton was dressed in his own clothes, seated upright, and then fitted with a wax head to replace his mummified real head, which is also on display.)

Our reading is from An Introduction to the Principles of Morals and Legislation. In Chapter I, “Of the Principle of Utility,” Bentham presents his moral doctrine that the morality of an action depends on its utility (the doctrine known as utilitarianism). He explains that by “utility” he means the property by which an action tends to promote the happiness, or prevent the unhappiness, of everyone affected by it. Happiness is syn- onymous with pleasure, and unhappiness with pain. According to the “principle of util- ity,” therefore, the moral goodness of an action is determined by the extent to which it produces pleasure or prevents pain for everyone involved, and moral evil is determined by the extent to which the action produces pain or prevents pleasure for everyone in- volved.

In Chapter II, “Of Principles Averse to That of Utility,” Bentham explains and ar- gues against two theories opposed to utilitarianism: the principle of asceticism, which holds (in exact opposition to utilitarianism) that actions are good insofar as they pro- mote pain and are evil insofar as they promote pleasure; and the principle of sympa- thy/antipathy, which bases the morality of an action on the agent’s feelings of approval and disapproval, rather than on the external effects of the action. Chapter IV, “Value of a Lot of Pleasure or Pain, How to Be Measured,” gives guidelines for calculating the amount of pleasure or pain an action produces. In Chapter X, “Of Motives,” Bentham argues that because all actions are motivated by the desire to gain pleasure or avoid pain, all motives are, strictly speaking, good.

Chapter I. Of the Principle of Utility

Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as

Abel Discourses

Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

36 An Examined Life Critical Thinking and Ethics

05_bos5511X_Ch03_p093-117.indd 97 7/24/14 8:19 AM

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plied. Is it possible for a man to move the earth? Yes, but he must first find out another earth to stand upon.

To disprove the propriety of it by arguments is impossible. But, from the causes that have been mentioned, or from some confused or partial view of it, a man may happen to be disposed not to relish it. Where this is the case, if he thinks the settling of his opinions on such a subject worth the trouble, let him take the following steps; and at length, perhaps, he may come to rec- oncile himself to it.

1. Let him settle with himself, whether he would wish to discard this prin- ciple altogether. If so, let him consider what it is that all his reasonings (in matters of politics especially) can amount to.

2. If he would, let him settle with himself whether he would judge and act without any principle, or whether there is any other he would judge and act by.

3. If there be, let him examine and satisfy himself whether the principle he thinks he has found is really any separate intelligible principle; or whether it be not a mere principle in words, a kind of phrase which at bottom expresses neither more nor less than the mere averment4 of his own unfounded sentiments—that is, what in another person he might be apt to call caprice.

4. If he is inclined to think that his own approbation or disapprobation an- nexed to the idea of an act, without any regard to its consequences, is a sufficient foundation for him to judge and act upon, let him ask himself whether his sentiment is to be a standard of right and wrong with re- spect to every other man, or whether every man’s sentiment has the same privilege of being a standard to itself.

5. In the first case, let him ask himself whether his principle is not despot- ical, and hostile to all the rest of human race.

6. In the second case, whether it is not anarchial, and whether at this rate there are not as many different standards of right and wrong as there are men; and whether even to the same man, the same thing which is right today may not (without the least change in its nature) be wrong to- morrow; and whether the same thing is not right and wrong in the same place at the same time; and in either case, whether all argument is not at an end; and whether, when two men have said, “I like this,” and “I don’t like it,” they can (upon such a principle) have anything more to say.

7. If he should have said to himself, No, [because] the sentiment which he proposes as a standard must be grounded on reflection, let him say on what particulars the reflection is to turn. If on particulars having rela- tion to the utility of the act, then let him say whether this is not desert- ing his own principle and borrowing assistance from that very one in op- position to which he sets it up; or if not on those particulars, on what other particulars.

8. If he should be for compounding the matter, and adopting his own

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An Introduction to the Principles of Morals (selection): Reading 39

or dictated by the principle of utility when, in like manner, the tendency which it has to augment the happiness of the community is greater than any which it has to diminish it.

When an action, or in particular a measure of government, is supposed by a man to be conformable to the principle of utility, it may be convenient for the purposes of discourse to imagine a kind of law or dictate, called a law or dictate of utility, and to speak of the action in question as being con- formable to such law or dictate.

A man may be said to be a partizan of the principle of utility when the approbation or disapprobation he annexes to any action, or to any measure, is determined by and proportioned to the tendency which he conceives it to have to augment or to diminish the happiness of the community—or, in other words, to its conformity or unconformity to the laws or dictates of utility.

Of an action that is conformable to the principle of utility one may al- ways say either that it is one that ought to be done, or at least that it is not one that ought not to be done. One may say also that it is right it should be done, at least that it is not wrong it should be done; that it is a right action, at least that it is not a wrong action. When thus interpreted, the words ought, and right and wrong, and others of that stamp, have a meaning; when other- wise, they have none.

Has the rectitude of this principle been ever formally contested? It should seem that it had, by those who have not known what they have been meaning. Is it susceptible of any direct proof? It should seem not, for that which is used to prove everything else cannot itself be proved; a chain of proofs must have their commencement somewhere. To give such proof is as impossible as it is needless.

Not that there is or ever has been that human creature breathing, how- ever stupid or perverse, who has not on many, perhaps on most, occasions of his life deferred to it. By the natural constitution of the human frame, on most occasions of their lives men in general embrace this principle without thinking of it—if not for the ordering of their own actions, yet for the trying3

of their own actions, as well as of those of other men. There have been, at the same time, not many, perhaps, even of the most intelligent, who have been disposed to embrace it purely and without reserve. There are even few who have not taken some occasion or other to quarrel with it, either on ac- count of their not understanding always how to apply it, or on account of some prejudice or other which they were afraid to examine into, or could not bear to part with. For such is the stuff that man is made of: in principle and in practice, in a right track and in a wrong one, the rarest of all human qualities is consistency.

When a man attempts to combat the principle of utility, it is with reasons drawn, without his being aware of it, from that very principle itself. His ar- guments, if they prove anything, prove not that the principle is wrong, but that, according to the applications he supposes to be made of it, it is misap-

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38 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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99

plied. Is it possible for a man to move the earth? Yes, but he must first find out another earth to stand upon.

To disprove the propriety of it by arguments is impossible. But, from the causes that have been mentioned, or from some confused or partial view of it, a man may happen to be disposed not to relish it. Where this is the case, if he thinks the settling of his opinions on such a subject worth the trouble, let him take the following steps; and at length, perhaps, he may come to rec- oncile himself to it.

1. Let him settle with himself, whether he would wish to discard this prin- ciple altogether. If so, let him consider what it is that all his reasonings (in matters of politics especially) can amount to.

2. If he would, let him settle with himself whether he would judge and act without any principle, or whether there is any other he would judge and act by.

3. If there be, let him examine and satisfy himself whether the principle he thinks he has found is really any separate intelligible principle; or whether it be not a mere principle in words, a kind of phrase which at bottom expresses neither more nor less than the mere averment4 of his own unfounded sentiments—that is, what in another person he might be apt to call caprice.

4. If he is inclined to think that his own approbation or disapprobation an- nexed to the idea of an act, without any regard to its consequences, is a sufficient foundation for him to judge and act upon, let him ask himself whether his sentiment is to be a standard of right and wrong with re- spect to every other man, or whether every man’s sentiment has the same privilege of being a standard to itself.

5. In the first case, let him ask himself whether his principle is not despot- ical, and hostile to all the rest of human race.

6. In the second case, whether it is not anarchial, and whether at this rate there are not as many different standards of right and wrong as there are men; and whether even to the same man, the same thing which is right today may not (without the least change in its nature) be wrong to- morrow; and whether the same thing is not right and wrong in the same place at the same time; and in either case, whether all argument is not at an end; and whether, when two men have said, “I like this,” and “I don’t like it,” they can (upon such a principle) have anything more to say.

7. If he should have said to himself, No, [because] the sentiment which he proposes as a standard must be grounded on reflection, let him say on what particulars the reflection is to turn. If on particulars having rela- tion to the utility of the act, then let him say whether this is not desert- ing his own principle and borrowing assistance from that very one in op- position to which he sets it up; or if not on those particulars, on what other particulars.

8. If he should be for compounding the matter, and adopting his own

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Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

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An Introduction to the Principles of Morals (selection): Reading 39An Introduction to the Principles of Morals (selection): Reading

or dictated by the principle of utility when, in like manner, the tendency which it has to augment the happiness of the community is greater than any which it has to diminish it.

When an action, or in particular a measure of government, is supposed by a man to be conformable to the principle of utility, it may be convenient for the purposes of discourse to imagine a kind of law or dictate, called a law or dictate of utility, and to speak of the action in question as being con- formable to such law or dictate.

A man may be said to be a partizan of the principle of utility when the approbation or disapprobation he annexes to any action, or to any measure, is determined by and proportioned to the tendency which he conceives it to have to augment or to diminish the happiness of the community—or, in other words, to its conformity or unconformity to the laws or dictates of utility.

Of an action that is conformable to the principle of utility one may al- ways say either that it is one that ought to be done, or at least that it is not one that ought not to be done. One may say also that it is right it should be done, at least that it is not wrong it should be done; that it is a right action, at least that it is not a wrong action. When thus interpreted, the words ought, and right and wrong, and others of that stamp, have a meaning; when other- wise, they have none.

Has the rectitude of this principle been ever formally contested? It should seem that it had, by those who have not known what they have been meaning. Is it susceptible of any direct proof? It should seem not, for that which is used to prove everything else cannot itself be proved; a chain of proofs must have their commencement somewhere. To give such proof is as impossible as it is needless.

Not that there is or ever has been that human creature breathing, how- ever stupid or perverse, who has not on many, perhaps on most, occasions of his life deferred to it. By the natural constitution of the human frame, on most occasions of their lives men in general embrace this principle without thinking of it—if not for the ordering of their own actions, yet for the trying3

of their own actions, as well as of those of other men. There have been, at the same time, not many, perhaps, even of the most intelligent, who have been disposed to embrace it purely and without reserve. There are even few who have not taken some occasion or other to quarrel with it, either on ac- count of their not understanding always how to apply it, or on account of some prejudice or other which they were afraid to examine into, or could not bear to part with. For such is the stuff that man is made of: in principle and in practice, in a right track and in a wrong one, the rarest of all human qualities is consistency.

When a man attempts to combat the principle of utility, it is with reasons drawn, without his being aware of it, from that very principle itself. His ar- guments, if they prove anything, prove not that the principle is wrong, but that, according to the applications he supposes to be made of it, it is misap-

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© The McGraw−Hill Companies, 1997

38 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics100 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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motives which appear to have recommended it to the notice of these differ- ent parties. Hope (that is, the prospect of pleasure) seems to have animated the former: hope, the aliment of philosophic pride; the hope of honour and reputation at the hands of men. Fear (that is, the prospect of pain) the lat- ter: fear, the offspring of superstitious fancy; the fear of future punishment at the hands of a splenetic and revengeful Deity. I say in this case fear: for of the invisible future, fear is more powerful than hope. These circumstances characterize the two different parties among the partizans of the principle of asceticism—the parties and their motives different, the principle the same.

The religious party, however, appear to have carried it farther than the philosophical; they have acted more consistently and less wisely. The philo- sophical party have scarcely gone farther than to reprobate pleasure; the re- ligious party have frequently gone so far as to make it a matter of merit and of duty to court pain. The philosophical party have hardly gone farther than the making pain a matter of indifference. It is no evil, they have said; they have not said it is a good. They have not so much as reprobated all pleasure in the lump. They have discarded only what they have called the gross—that is, such as are organical, or of which the origin is easily traced up to such as are organical. They have even cherished and magnified the refined. Yet this, however, not under the name of pleasure; to cleanse itself from the sordes6

of its impure original, it was necessary it should change its name: the hon- ourable, the glorious, the reputable, the becoming, the honestum, the deco- rum,7 it was to be called—in short, anything but pleasure. . . .

The principle of asceticism seems originally to have been the reverie of certain hasty speculators who, having perceived, or fancied, that certain pleasures, when reaped in certain circumstances, have at the long run been attended with pains more than equivalent to them, took occasion to quarrel with everything that offered itself under the name of pleasure. Having then got thus far, and having forgot the point which they set out from, they pushed on and went so much further as to think it meritorious to fall in love with pain. Even this, we see, is at bottom but the principle of utility misap- plied.

The principle of utility is capable of being consistently pursued, and it is but tautology to say that the more consistently it is pursued, the better it must ever be for humankind. The principle of asceticism never was, nor ever can be, consistently pursued by any living creature. Let but one tenth part of the inhabitants of this earth pursue it consistently, and in a day’s time they will have turned it into a hell.

Among principles adverse to that of utility, that which at this day seems to have most influence in matters of government, is what may be called the principle of sympathy and antipathy. By the principle of sympathy and an- tipathy, I mean that principle which approves or disapproves of certain ac- tions not on account of their tending to augment the happiness, nor yet on account of their tending to diminish the happiness, of the party whose in-

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Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

An Introduction to the Principles of Morals (selection): Reading 41

principle in part and the principle of utility in part, let him say how far he will adopt [the latter].

9. When he has settled with himself where he will stop, then let him ask himself how he justifies to himself the adopting it so far, and why he will not adopt it any farther.

10. Admitting any other principle than the principle of utility to be a right principle, a principle that it is right for a man to pursue; admitting (what is not true) that the word right can have a meaning without refer- ence to utility; let him say whether there is any such thing as a motive that a man can have to pursue the dictates of it. If there is, let him say what that motive is, and how it is to be distinguished from those which en- force the dictates of utility. If not, then lastly let him say what it is this other principle can be good for.

Chapter II. Of Principles Adverse to That of Utility

If the principle of utility be a right principle to be governed by, and that in all cases, it follows from what has been just observed that whatever principle differs from it in any case must necessarily be a wrong one. To prove any other principle, therefore, to be a wrong one, there needs no more than just to show it to be what it is, a principle of which the dictates are in some point or other different from those of the principle of utility: to state it is to con- fute it.

A principle may be different from that of utility in two ways: (1) by be- ing constantly opposed to it; this is the case with a principle which may be termed the principle of asceticism; (2) by being sometimes opposed to it and sometimes not, as it may happen; this is the case with another, which may be termed the principle of sympathy and antipathy.

By the principle of asceticism I mean that principle which, like the prin- ciple of utility, approves or disapproves of any action according to the ten- dency which it appears to have to augment or diminish the happiness of the party whose interest is in question, but in an inverse manner—approving of actions in as far as they tend to diminish his happiness, disapproving of them in as far as they tend to augment it.

It is evident that anyone who reprobates any the least particle of plea- sure, as such, from whatever source derived, is pro tanto5 a partizan of the principle of asceticism. It is only upon that principle, and not from the prin- ciple of utility, that the most abominable pleasure which the vilest of male- factors ever reaped from his crime would be to be reprobated, if it stood alone. The case is, that it never does stand alone, but is necessarily followed by such a quantity of pain (or, what comes to the same thing, such a chance for a certain quantity of pain) that the pleasure in comparison of it, is as nothing. And this is the true and sole, but perfectly sufficient, reason for making it a ground for punishment.

There are two classes of men, of very different complexions, by whom the principle of asceticism appears to have been embraced: the one a set of moralists, the other a set of religionists. Different accordingly have been the

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Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

40 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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101

motives which appear to have recommended it to the notice of these differ- ent parties. Hope (that is, the prospect of pleasure) seems to have animated the former: hope, the aliment of philosophic pride; the hope of honour and reputation at the hands of men. Fear (that is, the prospect of pain) the lat- ter: fear, the offspring of superstitious fancy; the fear of future punishment at the hands of a splenetic and revengeful Deity. I say in this case fear: for of the invisible future, fear is more powerful than hope. These circumstances characterize the two different parties among the partizans of the principle of asceticism—the parties and their motives different, the principle the same.

The religious party, however, appear to have carried it farther than the philosophical; they have acted more consistently and less wisely. The philo- sophical party have scarcely gone farther than to reprobate pleasure; the re- ligious party have frequently gone so far as to make it a matter of merit and of duty to court pain. The philosophical party have hardly gone farther than the making pain a matter of indifference. It is no evil, they have said; they have not said it is a good. They have not so much as reprobated all pleasure in the lump. They have discarded only what they have called the gross—that is, such as are organical, or of which the origin is easily traced up to such as are organical. They have even cherished and magnified the refined. Yet this, however, not under the name of pleasure; to cleanse itself from the sordes6

of its impure original, it was necessary it should change its name: the hon- ourable, the glorious, the reputable, the becoming, the honestum, the deco- rum,7 it was to be called—in short, anything but pleasure. . . .

The principle of asceticism seems originally to have been the reverie of certain hasty speculators who, having perceived, or fancied, that certain pleasures, when reaped in certain circumstances, have at the long run been attended with pains more than equivalent to them, took occasion to quarrel with everything that offered itself under the name of pleasure. Having then got thus far, and having forgot the point which they set out from, they pushed on and went so much further as to think it meritorious to fall in love with pain. Even this, we see, is at bottom but the principle of utility misap- plied.

The principle of utility is capable of being consistently pursued, and it is but tautology to say that the more consistently it is pursued, the better it must ever be for humankind. The principle of asceticism never was, nor ever can be, consistently pursued by any living creature. Let but one tenth part of the inhabitants of this earth pursue it consistently, and in a day’s time they will have turned it into a hell.

Among principles adverse to that of utility, that which at this day seems to have most influence in matters of government, is what may be called the principle of sympathy and antipathy. By the principle of sympathy and an- tipathy, I mean that principle which approves or disapproves of certain ac- tions not on account of their tending to augment the happiness, nor yet on account of their tending to diminish the happiness, of the party whose in-

Abel Discourses

Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

An Introduction to the Principles of Morals (selection): Reading 41An Introduction to the Principles of Morals (selection): Reading

principle in part and the principle of utility in part, let him say how far he will adopt [the latter].

9. When he has settled with himself where he will stop, then let him ask himself how he justifies to himself the adopting it so far, and why he will not adopt it any farther.

10. Admitting any other principle than the principle of utility to be a right principle, a principle that it is right for a man to pursue; admitting (what is not true) that the word right can have a meaning without refer- ence to utility; let him say whether there is any such thing as a motive that a man can have to pursue the dictates of it. If there is, let him say what that motive is, and how it is to be distinguished from those which en- force the dictates of utility. If not, then lastly let him say what it is this other principle can be good for.

Chapter II. Of Principles Adverse to That of Utility

If the principle of utility be a right principle to be governed by, and that in all cases, it follows from what has been just observed that whatever principle differs from it in any case must necessarily be a wrong one. To prove any other principle, therefore, to be a wrong one, there needs no more than just to show it to be what it is, a principle of which the dictates are in some point or other different from those of the principle of utility: to state it is to con- fute it.

A principle may be different from that of utility in two ways: (1) by be- ing constantly opposed to it; this is the case with a principle which may be termed the principle of asceticism; (2) by being sometimes opposed to it and sometimes not, as it may happen; this is the case with another, which may be termed the principle of sympathy and antipathy.

By the principle of asceticism I mean that principle which, like the prin- ciple of utility, approves or disapproves of any action according to the ten- dency which it appears to have to augment or diminish the happiness of the party whose interest is in question, but in an inverse manner—approving of actions in as far as they tend to diminish his happiness, disapproving of them in as far as they tend to augment it.

It is evident that anyone who reprobates any the least particle of plea- sure, as such, from whatever source derived, is pro tanto5 a partizan of the principle of asceticism. It is only upon that principle, and not from the prin- ciple of utility, that the most abominable pleasure which the vilest of male- factors ever reaped from his crime would be to be reprobated, if it stood alone. The case is, that it never does stand alone, but is necessarily followed by such a quantity of pain (or, what comes to the same thing, such a chance for a certain quantity of pain) that the pleasure in comparison of it, is as nothing. And this is the true and sole, but perfectly sufficient, reason for making it a ground for punishment.

There are two classes of men, of very different complexions, by whom the principle of asceticism appears to have been embraced: the one a set of moralists, the other a set of religionists. Different accordingly have been the

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Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

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40 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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6. Its purity, or the chance it has of not being followed by sensations of the opposite kind: that is, pains, if it be a pleasure; pleasures, if it be a pain.

These two last [circumstances], however, are in strictness scarcely to be deemed properties of the pleasure or the pain itself. They are not, there- fore, in strictness to be taken into the account of the value of that pleasure or that pain. They are in strictness to be deemed properties only of the act, or other event, by which such pleasure or pain has been produced, and ac- cordingly are only to be taken into the account of the tendency of such act or such event.

To a number of persons, with reference to each of whom the value of a pleasure or a pain is considered, it will be greater or less, according to seven circumstances—to wit, the six preceding ones, namely:

1. Its intensity. 2. Its duration. 3. Its certainty or uncertainty. 4. Its propinquity or remoteness. 5. Its fecundity. 6. Its purity.

And one other, namely:

7. Its extent—that is, the number of persons to whom it extends; or (in other words) who are affected by it.10

To take an exact account, then, of the general tendency of any act by which the interests of a community are affected, proceed as follows. Begin with any one person of those whose interests seem most immediately to be affected by it and take an account:

1. Of the value of each distinguishable pleasure which appears to be pro- duced by it in the first instance.

2. Of the value of each pain which appears to be produced by it in the first instance.

3. Of the value of each pleasure which appears to be produced by it after the first. This constitutes the fecundity of the first pleasure and the impurity of the first pain.

4. Of the value of each pain which appears to be produced by it after the first. This constitutes the fecundity of the first pain and the impurity of the first pleasure.

5. Sum up all the values of all the pleasures on the one side, and those of all the pains on the other. The balance, if it be on the side of pleasure, will give the good tendency of the act upon the whole, with respect to the in- terests of that individual person; if on the side of pain, the bad tendency of it upon the whole.

6. Take an account of the number of persons whose interests appear to be concerned, and repeat the above process with respect to each. Sum up the

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Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

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An Introduction to the Principles of Morals (selection): Reading 43

terest is in question, but merely because a man finds himself disposed to ap- prove or disapprove of them—holding up that approbation or disapproba- tion as a sufficient reason for itself, and disclaiming the necessity of looking out for any extrinsic ground. Thus far in the general department8 of morals; and in the particular department of politics, measuring out the quantum9

(as well as determining the ground) of punishment by the degree of the dis- approbation.

It is manifest that this is rather a principle in name than in reality. It is not a positive principle of itself, so much as a term employed to signify the negation of all principle. What one expects to find in a principle is some- thing that points out some external consideration as a means of warranting and guiding the internal sentiments of approbation and disapprobation. This expectation is but ill fulfilled by a proposition which does neither more nor less than hold up each of those sentiments as a ground and standard for itself. . . .

The only right ground of action that can possibly subsist is, after all, the consideration of utility, which, if it is a right principle of action and of ap- probation in any one case, is so in every other. Other principles in abun- dance (that is, other motives) may be the reasons why such and such an act has been done—that is, the reasons or causes of its being done. But it is this alone that can be the reason why it might or ought to have been done. Antipathy or resentment requires always to be regulated, to prevent its do- ing mischief. To be regulated by what? Aways by the principle of utility. The principle of utility neither requires nor admits of any other regulator than itself.

Chapter IV. Value of a Lot of Pleasure or Pain, How to Be Measured

Pleasures, then, and the avoidance of pains are the ends which the legislator has in view: it behoves him therefore to understand their value. Pleasures and pains are the instruments he has to work with: it behoves him therefore to understand their force, which is again, in other words, their value.

To a person considered by himself, the value of a pleasure or pain con- sidered by itself will be greater or less, according to the four following cir- cumstances:

1. Its intensity. 2. Its duration. 3. Its certainty or uncertainty. 4. Its propinquity or remoteness.

These are the circumstances which are to be considered in estimating a pleasure or a pain considered each of them by itself. But when the value of any pleasure or pain is considered for the purpose of estimating the ten- dency of any act by which it is produced, there are two other circumstances to be taken into the account. These are:

5. Its fecundity, or the chance it has of being followed by sensations of the same kind: that is, pleasures, if it be a pleasure; pains, if it be a pain.

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42 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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103

6. Its purity, or the chance it has of not being followed by sensations of the opposite kind: that is, pains, if it be a pleasure; pleasures, if it be a pain.

These two last [circumstances], however, are in strictness scarcely to be deemed properties of the pleasure or the pain itself. They are not, there- fore, in strictness to be taken into the account of the value of that pleasure or that pain. They are in strictness to be deemed properties only of the act, or other event, by which such pleasure or pain has been produced, and ac- cordingly are only to be taken into the account of the tendency of such act or such event.

To a number of persons, with reference to each of whom the value of a pleasure or a pain is considered, it will be greater or less, according to seven circumstances—to wit, the six preceding ones, namely:

1. Its intensity. 2. Its duration. 3. Its certainty or uncertainty. 4. Its propinquity or remoteness. 5. Its fecundity. 6. Its purity.

And one other, namely:

7. Its extent—that is, the number of persons to whom it extends; or (in other words) who are affected by it.10

To take an exact account, then, of the general tendency of any act by which the interests of a community are affected, proceed as follows. Begin with any one person of those whose interests seem most immediately to be affected by it and take an account:

1. Of the value of each distinguishable pleasure which appears to be pro- duced by it in the first instance.

2. Of the value of each pain which appears to be produced by it in the first instance.

3. Of the value of each pleasure which appears to be produced by it after the first. This constitutes the fecundity of the first pleasure and the impurity of the first pain.

4. Of the value of each pain which appears to be produced by it after the first. This constitutes the fecundity of the first pain and the impurity of the first pleasure.

5. Sum up all the values of all the pleasures on the one side, and those of all the pains on the other. The balance, if it be on the side of pleasure, will give the good tendency of the act upon the whole, with respect to the in- terests of that individual person; if on the side of pain, the bad tendency of it upon the whole.

6. Take an account of the number of persons whose interests appear to be concerned, and repeat the above process with respect to each. Sum up the

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Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

An Introduction to the Principles of Morals (selection): Reading 43An Introduction to the Principles of Morals (selection): Reading

terest is in question, but merely because a man finds himself disposed to ap- prove or disapprove of them—holding up that approbation or disapproba- tion as a sufficient reason for itself, and disclaiming the necessity of looking out for any extrinsic ground. Thus far in the general department8 of morals; and in the particular department of politics, measuring out the quantum9

(as well as determining the ground) of punishment by the degree of the dis- approbation.

It is manifest that this is rather a principle in name than in reality. It is not a positive principle of itself, so much as a term employed to signify the negation of all principle. What one expects to find in a principle is some- thing that points out some external consideration as a means of warranting and guiding the internal sentiments of approbation and disapprobation. This expectation is but ill fulfilled by a proposition which does neither more nor less than hold up each of those sentiments as a ground and standard for itself. . . .

The only right ground of action that can possibly subsist is, after all, the consideration of utility, which, if it is a right principle of action and of ap- probation in any one case, is so in every other. Other principles in abun- dance (that is, other motives) may be the reasons why such and such an act has been done—that is, the reasons or causes of its being done. But it is this alone that can be the reason why it might or ought to have been done. Antipathy or resentment requires always to be regulated, to prevent its do- ing mischief. To be regulated by what? Aways by the principle of utility. The principle of utility neither requires nor admits of any other regulator than itself.

Chapter IV. Value of a Lot of Pleasure or Pain, How to Be Measured

Pleasures, then, and the avoidance of pains are the ends which the legislator has in view: it behoves him therefore to understand their value. Pleasures and pains are the instruments he has to work with: it behoves him therefore to understand their force, which is again, in other words, their value.

To a person considered by himself, the value of a pleasure or pain con- sidered by itself will be greater or less, according to the four following cir- cumstances:

1. Its intensity. 2. Its duration. 3. Its certainty or uncertainty. 4. Its propinquity or remoteness.

These are the circumstances which are to be considered in estimating a pleasure or a pain considered each of them by itself. But when the value of any pleasure or pain is considered for the purpose of estimating the ten- dency of any act by which it is produced, there are two other circumstances to be taken into the account. These are:

5. Its fecundity, or the chance it has of being followed by sensations of the same kind: that is, pleasures, if it be a pleasure; pains, if it be a pain.

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42 An Examined Life Critical Thinking and Ethics

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continuing or preventing. A motive is substantially nothing more than plea- sure or pain operating in a certain manner.

Now pleasure is in itself a good; nay, even setting aside immunity from pain, the only good. Pain is in itself an evil; and indeed, without exception, the only evil—or else the words good and evil have no meaning. And this is alike true of every sort of pain and of every sort of pleasure. It follows, there- fore, immediately and incontestibly that there is no such thing as any sort of mo- tive that is in itself a bad one.11

It is common, however, to speak of actions as proceeding from good or bad motives, in which case the motives meant are such as are internal. The expression is far from being an accurate one; and as it is apt to occur in the consideration of almost every kind of offence, it will be requisite to settle the precise meaning of it and observe how far it quadrates12 with the truth of things.

With respect to goodness and badness, as it is with everything else that is not itself either pain or pleasure, so is it with motives. If they are good or bad, it is only on account of their effects: good on account of their tendency to produce pleasure or avert pain; bad on account of their tendency to pro- duce pain or avert pleasure. Now the case is, that from one and the same mo- tive, and from every kind of motive, may proceed actions that are good, oth- ers that are bad, and others that are indifferent. . . .

3. Catalog of Motives Corresponding to That of Pleasure and Pains . . . It appears then that there is no such thing as any sort of motive which is a bad one in itself; nor, consequently, any such thing as a sort of motive which in itself is exclusively a good one. And as to their effects, it appears too that these are sometimes bad, at other times either indifferent or good—and this appears to be the case with every sort of motive. If any sort of motive, then, is ei- ther good or bad on the score of its effects, this is the case only on individual occasions and with individual motives; and this is the case with one sort of motive as well as with another. If any sort of motive, then, can, in consideration of its effects, be termed with any propriety a bad one, it can only be with reference to the balance of all the effects it may have had of both kinds within a given period—that is, of its most usual tendency.

What then (it will be said), are not lust, cruelty, avarice, bad motives? Is there so much as any one individual occasion in which motives like these can be otherwise than bad? No, certainly. And yet the proposition that there is no one sort of motive but what will on many occasions be a good one, is nev- ertheless true. The fact is that these are names which, if properly applied, are never applied but in the cases where the motives they signify happen to be bad. The names of these motives, considered apart from their effects, are sexual desire, displeasure, and pecuniary interest. To sexual desire, when the effects of it are looked upon as bad, is given the name of lust. Now lust is always a bad motive. Why? Because if the case be such that the effects of the motive are not bad, it does not go, or at least ought not to go, by the

Abel Discourses

Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

An Introduction to the Principles of Morals (selection): Reading 45

numbers expressive of the degrees of good tendency which the act has with respect to each individual, in regard to whom the tendency of it is good upon the whole. Do this again with respect to each individual in re- gard to whom the tendency of it is good upon the whole. Do this again with respect to each individual in regard to whom the tendency of it is bad upon the whole. Take the balance, which, if on the side of pleasure, will give the general good tendency of the act with respect to the total number or community of individuals concerned; if on the side of pain, the gen- eral evil tendency with respect to the same community.

It is not to be expected that this process should be strictly pursued pre- viously to every moral judgment, or to every legislative or judicial operation. It may, however, be always kept in view; and as near as the process actually pursued on these occasions approaches to it, so near will such process ap- proach to the character of an exact one.

The same process is alike applicable to pleasure and pain in whatever shape they appear and by whatever denomination they are distinguished: to pleasure, whether it be called good (which is properly the cause or instru- ment of pleasure), or profit (which is distant pleasure, or the cause or in- strument of distant pleasure), or convenience, or advantage, benefit, emolument, happiness, and so forth; to pain, whether it be called evil, (which corresponds to good), or mischief, or inconvenience, or disadvantage, or loss, or unhappiness, and so forth.

Nor is this a novel and unwarranted, any more than it is a useless, the- ory. In all this there is nothing but what the practice of mankind, whereso- ever they have a clear view of their own interest, is perfectly conformable to. An article of property, an estate in land, for instance, is valuable, on what ac- count? On account of the pleasures of all kinds which it enables a man to produce and (what comes to the same thing) the pains of all kinds which it enables him to avert. But the value of such an article of property is univer- sally understood to rise or fall according to the length or shortness of the time which a man has in it, the certainty or uncertainty of its coming into possession, and the nearness or remoteness of the time at which, if at all, it is to come into possession. As to the intensity of the pleasures which a man may derive from it, this is never thought of, because it depends upon the use which each particular person may come to make of it—which cannot be es- timated till the particular pleasures he may come to derive from it, or the particular pains he may come to exclude by means of it, are brought to view. For the same reason, neither does he think of the fecundity or purity of those pleasures. . . .

Chapter X. Of Motives

. . . 2. No Motives Either Constantly Good or Constantly Bad . . . [A per- son’s] motive in prospect, we see, is always some pleasure, or some pain: some pleasure which the act in question is expected to be a means of con- tinuing or producing; some pain which it is expected to be a means of dis-

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Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

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44 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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105

continuing or preventing. A motive is substantially nothing more than plea- sure or pain operating in a certain manner.

Now pleasure is in itself a good; nay, even setting aside immunity from pain, the only good. Pain is in itself an evil; and indeed, without exception, the only evil—or else the words good and evil have no meaning. And this is alike true of every sort of pain and of every sort of pleasure. It follows, there- fore, immediately and incontestibly that there is no such thing as any sort of mo- tive that is in itself a bad one.11

It is common, however, to speak of actions as proceeding from good or bad motives, in which case the motives meant are such as are internal. The expression is far from being an accurate one; and as it is apt to occur in the consideration of almost every kind of offence, it will be requisite to settle the precise meaning of it and observe how far it quadrates12 with the truth of things.

With respect to goodness and badness, as it is with everything else that is not itself either pain or pleasure, so is it with motives. If they are good or bad, it is only on account of their effects: good on account of their tendency to produce pleasure or avert pain; bad on account of their tendency to pro- duce pain or avert pleasure. Now the case is, that from one and the same mo- tive, and from every kind of motive, may proceed actions that are good, oth- ers that are bad, and others that are indifferent. . . .

3. Catalog of Motives Corresponding to That of Pleasure and Pains . . . It appears then that there is no such thing as any sort of motive which is a bad one in itself; nor, consequently, any such thing as a sort of motive which in itself is exclusively a good one. And as to their effects, it appears too that these are sometimes bad, at other times either indifferent or good—and this appears to be the case with every sort of motive. If any sort of motive, then, is ei- ther good or bad on the score of its effects, this is the case only on individual occasions and with individual motives; and this is the case with one sort of motive as well as with another. If any sort of motive, then, can, in consideration of its effects, be termed with any propriety a bad one, it can only be with reference to the balance of all the effects it may have had of both kinds within a given period—that is, of its most usual tendency.

What then (it will be said), are not lust, cruelty, avarice, bad motives? Is there so much as any one individual occasion in which motives like these can be otherwise than bad? No, certainly. And yet the proposition that there is no one sort of motive but what will on many occasions be a good one, is nev- ertheless true. The fact is that these are names which, if properly applied, are never applied but in the cases where the motives they signify happen to be bad. The names of these motives, considered apart from their effects, are sexual desire, displeasure, and pecuniary interest. To sexual desire, when the effects of it are looked upon as bad, is given the name of lust. Now lust is always a bad motive. Why? Because if the case be such that the effects of the motive are not bad, it does not go, or at least ought not to go, by the

Abel Discourses

Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

An Introduction to the Principles of Morals (selection): Reading 45An Introduction to the Principles of Morals (selection): Reading

numbers expressive of the degrees of good tendency which the act has with respect to each individual, in regard to whom the tendency of it is good upon the whole. Do this again with respect to each individual in re- gard to whom the tendency of it is good upon the whole. Do this again with respect to each individual in regard to whom the tendency of it is bad upon the whole. Take the balance, which, if on the side of pleasure, will give the general good tendency of the act with respect to the total number or community of individuals concerned; if on the side of pain, the gen- eral evil tendency with respect to the same community.

It is not to be expected that this process should be strictly pursued pre- viously to every moral judgment, or to every legislative or judicial operation. It may, however, be always kept in view; and as near as the process actually pursued on these occasions approaches to it, so near will such process ap- proach to the character of an exact one.

The same process is alike applicable to pleasure and pain in whatever shape they appear and by whatever denomination they are distinguished: to pleasure, whether it be called good (which is properly the cause or instru- ment of pleasure), or profit (which is distant pleasure, or the cause or in- strument of distant pleasure), or convenience, or advantage, benefit, emolument, happiness, and so forth; to pain, whether it be called evil, (which corresponds to good), or mischief, or inconvenience, or disadvantage, or loss, or unhappiness, and so forth.

Nor is this a novel and unwarranted, any more than it is a useless, the- ory. In all this there is nothing but what the practice of mankind, whereso- ever they have a clear view of their own interest, is perfectly conformable to. An article of property, an estate in land, for instance, is valuable, on what ac- count? On account of the pleasures of all kinds which it enables a man to produce and (what comes to the same thing) the pains of all kinds which it enables him to avert. But the value of such an article of property is univer- sally understood to rise or fall according to the length or shortness of the time which a man has in it, the certainty or uncertainty of its coming into possession, and the nearness or remoteness of the time at which, if at all, it is to come into possession. As to the intensity of the pleasures which a man may derive from it, this is never thought of, because it depends upon the use which each particular person may come to make of it—which cannot be es- timated till the particular pleasures he may come to derive from it, or the particular pains he may come to exclude by means of it, are brought to view. For the same reason, neither does he think of the fecundity or purity of those pleasures. . . .

Chapter X. Of Motives

. . . 2. No Motives Either Constantly Good or Constantly Bad . . . [A per- son’s] motive in prospect, we see, is always some pleasure, or some pain: some pleasure which the act in question is expected to be a means of con- tinuing or producing; some pain which it is expected to be a means of dis-

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Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

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44 An Examined Life Critical Thinking and Ethics

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An Examined Life: Critical Thinking and Ethics106 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection)

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Utilitarianism

John Stuart Mill

John Stuart Mill was born in London in 1806. He was educated personally by his father, the Scottish economist and philosopher James Mill, who put him through a rigorous program of study from his earliest years. Mill was reading Greek at age three and Latin at age eight. As a boy he read works of many classical authors in the original language, including works by Plato and Aristotle. When he was thirteen, he began studying the economic theories of Adam Smith and David Ricardo. The following year he traveled to France and spent a year with the family of Samuel Bentham (brother of the English jurist and philosopher Jeremy Bentham). After returning to England, he began to study Roman law, with a view to possibly becoming a lawyer. But in 1823, when he was seventeen, he took a job at the British East India Company, where he was employed for the next thirty-five years. Mill was elected to Parliament in 1865, but failed to gain reelection in 1868. After his defeat he retired to Avignon, France, where he died in 1873.

Mill’s major writings include A System of Logic (1843), Principles of Political Economy (1848), On Liberty (1859), Utilitarianism (published serially in Fraser’s Magazine in 1861, separately in 1863), and The Subjection of Women (written in 1861, published in 1869).

Our reading is from Utilitarianism, the work that has become the most popular and influential treatment of utilitarianism. Utilitarianism is the moral theory that was first set forth by Jeremy Bentham. It claims that the morality of an action is determined by how well it promotes “utility,” which is defined as the greatest good for the greatest number. Utilitarians differ, however, on how to define “good” and whom to include in the “greatest number.”

According to Mill, “good” means happiness, and happiness means pleasure and the absence of pain; the “greatest number” includes not only human beings but all creatures capable of feeling pleasure and pain. Mill’s version of utilitarianism, therefore, claims that the moral thing to do in any situation is the action that causes the greatest sum total of pleasure for all the sentient beings involved. Mill typically says that utility is to be determined wholly on the basis of the individual action, but at times he seems to endorse the view that one should always follow the rule (for example, “Don’t kill innocent people”) that, when universally followed, would promote the greatest utility—even if, in a particular situation, following the rule would not do so. Philosophers have come to call these two versions of utilitarianism, respectively, act utilitarianism and rule utilitarianism.

In our selection from Chapter II, “What Utilitarianism Is,” Mill briefly describes his theory and then defends it against several objections. In the selection from Chapter IV, “Of What Sort of Proof the Principle of Utility Is Susceptible,” he explains in what sense one can prove that the happiness (pleasure) of the individual and the group are desirable and are the only things desirable.

Chapter II: What Utilitarianism Is

. . . The creed which accepts as the foundation of morals, utility, or the greatest happiness principle, holds that actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness. By happiness is intended pleasure and the absence of pain; by unhappiness, pain and the privation of pleasure. To give a clear view of

Utilitarianism (selection): Reading 47

name of lust. The case is, then, that when I say, “Lust is a bad motive,” it is a proposition that merely concerns the import of the word “lust,” and which would be false if transferred to the other word used for the same motive, “sexual desire.” Hence we see the emptiness of all those rhapsodies of com- monplace morality, which consist in the taking of such names as lust, cru- elty, and avarice, and branding them with marks of reprobation. Applied to the thing, they are false; applied to the name, they are true indeed, but nu- gatory. Would you do a real service to mankind, show them the cases in which sexual desire merits the name of lust; displeasure, that of cruelty; and pecuniary interest, that of avarice.

� N O T E S

1. empire: dominion, rule [D.C.A., ed.] 2. rear: construct, create [D.C.A.] 3. trying: judging [D.C.A.] 4. averment: affirmation [D.C.A.] 5. pro tanto: to that extent (Latin) [D.C.A.] 6. sordes: foul matter [D.C.A.] 7. Honestum and decorum are Latin words, respectively, for “virtuous” and

“morally proper” [D.C.A.] 8. department: province, sphere [D.C.A.] 9. quantum: amount [D.C.A.]

10. In a footnote to this chapter, Bentham offers the following rhyme as a way to remember the seven circumstances of pleasure and pain [D.C.A.]:

Intense, long, certain, speedy, fruitful, pure— Such marks in pleasures and in pains endure. Such pleasures seek if private be thy end; If it be public, wide let them extend. Such pains avoid, whichever be thy view: If pains must come, let them extend to few.

11. Let a man’s motive be ill will; call it even malice, envy, cruelty. It is still a kind of pleasure that is his motive—the pleasure he takes at the thought of the pain which he sees, or expects to see, his adversary un- dergo. Now even this wretched pleasure, taken by itself, is good. It may be faint, it may be short; it may at any rate be impure. Yet, while it lasts and before any bad consequences arrive, it is as good as any other that is not more intense. [J.B.]

12. quadrates: agrees, “squares” [D.C.A.]

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Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

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46 An Examined Life Critical Thinking and Ethics

“A person may cause evil to others not only by his actions but by his inaction, and in either case he is justly accountable to them for the injury.” John Stuart Mill

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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107Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection)

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Utilitarianism

John Stuart Mill

John Stuart Mill was born in London in 1806. He was educated personally by his father, the Scottish economist and philosopher James Mill, who put him through a rigorous program of study from his earliest years. Mill was reading Greek at age three and Latin at age eight. As a boy he read works of many classical authors in the original language, including works by Plato and Aristotle. When he was thirteen, he began studying the economic theories of Adam Smith and David Ricardo. The following year he traveled to France and spent a year with the family of Samuel Bentham (brother of the English jurist and philosopher Jeremy Bentham). After returning to England, he began to study Roman law, with a view to possibly becoming a lawyer. But in 1823, when he was seventeen, he took a job at the British East India Company, where he was employed for the next thirty-five years. Mill was elected to Parliament in 1865, but failed to gain reelection in 1868. After his defeat he retired to Avignon, France, where he died in 1873.

Mill’s major writings include A System of Logic (1843), Principles of Political Economy (1848), On Liberty (1859), Utilitarianism (published serially in Fraser’s Magazine in 1861, separately in 1863), and The Subjection of Women (written in 1861, published in 1869).

Our reading is from Utilitarianism, the work that has become the most popular and influential treatment of utilitarianism. Utilitarianism is the moral theory that was first set forth by Jeremy Bentham. It claims that the morality of an action is determined by how well it promotes “utility,” which is defined as the greatest good for the greatest number. Utilitarians differ, however, on how to define “good” and whom to include in the “greatest number.”

According to Mill, “good” means happiness, and happiness means pleasure and the absence of pain; the “greatest number” includes not only human beings but all creatures capable of feeling pleasure and pain. Mill’s version of utilitarianism, therefore, claims that the moral thing to do in any situation is the action that causes the greatest sum total of pleasure for all the sentient beings involved. Mill typically says that utility is to be determined wholly on the basis of the individual action, but at times he seems to endorse the view that one should always follow the rule (for example, “Don’t kill innocent people”) that, when universally followed, would promote the greatest utility—even if, in a particular situation, following the rule would not do so. Philosophers have come to call these two versions of utilitarianism, respectively, act utilitarianism and rule utilitarianism.

In our selection from Chapter II, “What Utilitarianism Is,” Mill briefly describes his theory and then defends it against several objections. In the selection from Chapter IV, “Of What Sort of Proof the Principle of Utility Is Susceptible,” he explains in what sense one can prove that the happiness (pleasure) of the individual and the group are desirable and are the only things desirable.

Chapter II: What Utilitarianism Is

. . . The creed which accepts as the foundation of morals, utility, or the greatest happiness principle, holds that actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness. By happiness is intended pleasure and the absence of pain; by unhappiness, pain and the privation of pleasure. To give a clear view of

Utilitarianism (selection): Reading 47Utilitarianism (selection): Reading

name of lust. The case is, then, that when I say, “Lust is a bad motive,” it is a proposition that merely concerns the import of the word “lust,” and which would be false if transferred to the other word used for the same motive, “sexual desire.” Hence we see the emptiness of all those rhapsodies of com- monplace morality, which consist in the taking of such names as lust, cru- elty, and avarice, and branding them with marks of reprobation. Applied to the thing, they are false; applied to the name, they are true indeed, but nu- gatory. Would you do a real service to mankind, show them the cases in which sexual desire merits the name of lust; displeasure, that of cruelty; and pecuniary interest, that of avarice.

� N O T E S

1. empire: dominion, rule [D.C.A., ed.] 2. rear: construct, create [D.C.A.] 3. trying: judging [D.C.A.] 4. averment: affirmation [D.C.A.] 5. pro tanto: to that extent (Latin) [D.C.A.] 6. sordes: foul matter [D.C.A.] 7. Honestum and decorum are Latin words, respectively, for “virtuous” and

“morally proper” [D.C.A.] 8. department: province, sphere [D.C.A.] 9. quantum: amount [D.C.A.]

10. In a footnote to this chapter, Bentham offers the following rhyme as a way to remember the seven circumstances of pleasure and pain [D.C.A.]:

Intense, long, certain, speedy, fruitful, pure— Such marks in pleasures and in pains endure. Such pleasures seek if private be thy end; If it be public, wide let them extend. Such pains avoid, whichever be thy view: If pains must come, let them extend to few.

11. Let a man’s motive be ill will; call it even malice, envy, cruelty. It is still a kind of pleasure that is his motive—the pleasure he takes at the thought of the pain which he sees, or expects to see, his adversary un- dergo. Now even this wretched pleasure, taken by itself, is good. It may be faint, it may be short; it may at any rate be impure. Yet, while it lasts and before any bad consequences arrive, it is as good as any other that is not more intense. [J.B.]

12. quadrates: agrees, “squares” [D.C.A.]

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Ethical Theories Jeremy Bentham An Introduction to the Principles of Morals (selection)

© The McGraw−Hill Companies, 1997

46 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics108 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection)

© The McGraw−Hill Companies, 2006

as quantity, the estimation of pleasures should be supposed to depend on quantity alone.

If I am asked what I mean by difference of quality in pleasures, or what makes one pleasure more valuable than another, merely as a pleasure, ex- cept its being greater in amount, there is but one possible answer. Of two pleasures, if there be one to which all or almost all who have experience of both give a decided preference, irrespective of any feeling of moral obliga- tion to prefer it, that is the more desirable pleasure. If one of the two is, by those who are competently acquainted with both, placed so far above the other that they prefer it, even though knowing it to be attended with a greater amount of discontent, and would not resign it for any quantity of the other pleasure which their nature is capable of, we are justified in as- cribing to the preferred enjoyment a superiority in quality, so far outweigh- ing quantity as to render it, in comparison, of small account.

Now it is an unquestionable fact that those who are equally acquainted with, and equally capable of appreciating and enjoying, both, do give a most marked preference to the manner of existence which employs their higher faculties. Few human creatures would consent to be changed into any of the lower animals, for a promise of the fullest allowance of a beast’s pleasures; no intelligent human being would consent to be a fool, no in- structed person would be an ignoramus, no person of feeling and con- science would be selfish and base, even though they should be persuaded that the fool, the dunce, or the rascal is better satisfied with his lot than they are with theirs. They would not resign what they possess more than he for the most complete satisfaction of all the desires which they have in common with him. If they ever fancy they would, it is only in cases of un- happiness so extreme that to escape from it they would exchange their lot for almost any other, however undesirable in their own eyes. A being of higher faculties requires more to make him happy, is capable probably of more acute suffering, and is certainly accessible to it at more points, than one of an inferior type; but in spite of these liabilities, he can never really wish to sink into what he feels to be a lower grade of existence. We may give what explanation we please of this unwillingness; we may attribute it to pride, a name which is given indiscriminately to some of the most and to some of the least estimable feelings of which mankind are capable; we may refer it to the love of liberty and personal independence, an appeal to which was with the Stoics one of the most effective means for the inculca- tion of it; to the love of power, or to the love of excitement, both of which do really enter into and contribute to it. But its most appropriate appella- tion is a sense of dignity, which all human beings possess in one form or other and in some, though by no means in exact, proportion to their high- er faculties; and which is so essential a part of the happiness of those in whom it is strong, that nothing which conflicts with it could be, otherwise than momentarily, an object of desire to them. Whoever supposes that this preference takes place at a sacrifice of happiness—that the superior being,

Utilitarianism (selection): Reading 49Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection) © The McGraw−Hill Companies, 2006

the moral standard set up by the theory, much more requires to be said; in particular, what things it includes in the ideas of pain and pleasure; and to what extent this is left an open question. But these supplementary explana- tions do not affect the theory of life on which this theory of morality is grounded—namely, that pleasure and freedom from pain are the only things desirable as ends; and that all desirable things (which are as numer- ous in the utilitarian as in any other scheme) are desirable either for the pleasure inherent in themselves, or as means to the promotion of pleasure and the prevention of pain.

Now such a theory of life excites in many minds, and among them in some of the most estimable in feeling and purpose, inveterate dislike. To suppose that life has (as they express it) no higher end than pleasure—no better and nobler object of desire and pursuit—they designate as utterly mean and grovelling; as a doctrine worthy only of swine, to whom the fol- lowers of Epicurus1 were, at a very early period, contemptuously likened; and modern holders of the doctrine are occasionally made the subject of equally polite comparisons by its German, French, and English assailants.

When thus attacked, the Epicureans have always answered that it is not they, but their accusers, who represent human nature in a degrading light; since the accusation supposes human beings to be capable of no pleasures except those of which swine are capable. If this supposition were true, the charge could not be gainsaid, but would then be no longer an imputation; for if the sources of pleasure were precisely the same to human beings and to swine, the rule of life which is good enough for the one would be good enough for the other. The comparison of the Epicurean life to that of beasts is felt as degrading, precisely because a beast’s pleasures do not satis- fy a human being’s conceptions of happiness. Human beings have faculties more elevated than the animal appetites, and when once made conscious of them, do not regard anything as happiness which does not include their gratification. I do not, indeed, consider the Epicureans to have been by any means faultless in drawing out their scheme of consequences from the util- itarian principle. To do this in any sufficient manner, many Stoic,2 as well as Christian elements require to be included. But there is no known Epi- curean theory of life which does not assign to the pleasures of the intellect, of the feelings and imagination, and of the moral sentiments, a much high- er value as pleasures than to those of mere sensation. It must be admitted, however, that utilitarian writers in general have placed the superiority of mental over bodily pleasures chiefly in the greater permanency, safety, un- costliness, etc., of the former—that is, in their circumstantial advantages rather than in their intrinsic nature.3 And on all these points utilitarians have fully proved their case; but they might have taken the other, and, as it may be called, higher ground, with entire consistency. It is quite compati- ble with the principle of utility to recognise the fact, that some kinds of pleasure are more desirable and more valuable than others. It would be ab- surd that while, in estimating all other things, quality is considered as well

48 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

109Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection)

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as quantity, the estimation of pleasures should be supposed to depend on quantity alone.

If I am asked what I mean by difference of quality in pleasures, or what makes one pleasure more valuable than another, merely as a pleasure, ex- cept its being greater in amount, there is but one possible answer. Of two pleasures, if there be one to which all or almost all who have experience of both give a decided preference, irrespective of any feeling of moral obliga- tion to prefer it, that is the more desirable pleasure. If one of the two is, by those who are competently acquainted with both, placed so far above the other that they prefer it, even though knowing it to be attended with a greater amount of discontent, and would not resign it for any quantity of the other pleasure which their nature is capable of, we are justified in as- cribing to the preferred enjoyment a superiority in quality, so far outweigh- ing quantity as to render it, in comparison, of small account.

Now it is an unquestionable fact that those who are equally acquainted with, and equally capable of appreciating and enjoying, both, do give a most marked preference to the manner of existence which employs their higher faculties. Few human creatures would consent to be changed into any of the lower animals, for a promise of the fullest allowance of a beast’s pleasures; no intelligent human being would consent to be a fool, no in- structed person would be an ignoramus, no person of feeling and con- science would be selfish and base, even though they should be persuaded that the fool, the dunce, or the rascal is better satisfied with his lot than they are with theirs. They would not resign what they possess more than he for the most complete satisfaction of all the desires which they have in common with him. If they ever fancy they would, it is only in cases of un- happiness so extreme that to escape from it they would exchange their lot for almost any other, however undesirable in their own eyes. A being of higher faculties requires more to make him happy, is capable probably of more acute suffering, and is certainly accessible to it at more points, than one of an inferior type; but in spite of these liabilities, he can never really wish to sink into what he feels to be a lower grade of existence. We may give what explanation we please of this unwillingness; we may attribute it to pride, a name which is given indiscriminately to some of the most and to some of the least estimable feelings of which mankind are capable; we may refer it to the love of liberty and personal independence, an appeal to which was with the Stoics one of the most effective means for the inculca- tion of it; to the love of power, or to the love of excitement, both of which do really enter into and contribute to it. But its most appropriate appella- tion is a sense of dignity, which all human beings possess in one form or other and in some, though by no means in exact, proportion to their high- er faculties; and which is so essential a part of the happiness of those in whom it is strong, that nothing which conflicts with it could be, otherwise than momentarily, an object of desire to them. Whoever supposes that this preference takes place at a sacrifice of happiness—that the superior being,

Utilitarianism (selection): Reading 49Utilitarianism (selection): ReadingAbel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection) © The McGraw−Hill Companies, 2006

the moral standard set up by the theory, much more requires to be said; in particular, what things it includes in the ideas of pain and pleasure; and to what extent this is left an open question. But these supplementary explana- tions do not affect the theory of life on which this theory of morality is grounded—namely, that pleasure and freedom from pain are the only things desirable as ends; and that all desirable things (which are as numer- ous in the utilitarian as in any other scheme) are desirable either for the pleasure inherent in themselves, or as means to the promotion of pleasure and the prevention of pain.

Now such a theory of life excites in many minds, and among them in some of the most estimable in feeling and purpose, inveterate dislike. To suppose that life has (as they express it) no higher end than pleasure—no better and nobler object of desire and pursuit—they designate as utterly mean and grovelling; as a doctrine worthy only of swine, to whom the fol- lowers of Epicurus1 were, at a very early period, contemptuously likened; and modern holders of the doctrine are occasionally made the subject of equally polite comparisons by its German, French, and English assailants.

When thus attacked, the Epicureans have always answered that it is not they, but their accusers, who represent human nature in a degrading light; since the accusation supposes human beings to be capable of no pleasures except those of which swine are capable. If this supposition were true, the charge could not be gainsaid, but would then be no longer an imputation; for if the sources of pleasure were precisely the same to human beings and to swine, the rule of life which is good enough for the one would be good enough for the other. The comparison of the Epicurean life to that of beasts is felt as degrading, precisely because a beast’s pleasures do not satis- fy a human being’s conceptions of happiness. Human beings have faculties more elevated than the animal appetites, and when once made conscious of them, do not regard anything as happiness which does not include their gratification. I do not, indeed, consider the Epicureans to have been by any means faultless in drawing out their scheme of consequences from the util- itarian principle. To do this in any sufficient manner, many Stoic,2 as well as Christian elements require to be included. But there is no known Epi- curean theory of life which does not assign to the pleasures of the intellect, of the feelings and imagination, and of the moral sentiments, a much high- er value as pleasures than to those of mere sensation. It must be admitted, however, that utilitarian writers in general have placed the superiority of mental over bodily pleasures chiefly in the greater permanency, safety, un- costliness, etc., of the former—that is, in their circumstantial advantages rather than in their intrinsic nature.3 And on all these points utilitarians have fully proved their case; but they might have taken the other, and, as it may be called, higher ground, with entire consistency. It is quite compati- ble with the principle of utility to recognise the fact, that some kinds of pleasure are more desirable and more valuable than others. It would be ab- surd that while, in estimating all other things, quality is considered as well

48 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics110 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection)

© The McGraw−Hill Companies, 2006

utilitarianism requires him to be as strictly impartial as a disinterested and benevolent spectator. In the golden rule of Jesus of Nazareth, we read the complete spirit of the ethics of utility. To do as one would be done by,4 and to love one’s neighbour as oneself,5 constitute the ideal perfection of utili- tarian morality. As the means of making the nearest approach to this ideal, utility would enjoin, first, that laws and social arrangements should place the happiness, or (as speaking practically it may be called) the interest, of every individual, as nearly as possible in harmony with the interest of the whole; and secondly, that education and opinion, which have so vast a power over human character, should so use that power as to establish in the mind of every individual an indissoluble association between his own happiness and the good of the whole; especially between his own happi- ness and the practice of such modes of conduct, negative and positive, as regard for the universal happiness prescribes: so that not only he may be unable to conceive the possibility of happiness to himself consistently with conduct opposed to the general good, but also that a direct impulse to pro- mote the general good may be in every individual one of the habitual mo- tives of action, and the sentiments connected therewith may fill a large and prominent place in every human being’s sentient existence. If the impugn- ers of the utilitarian morality represented it to their own minds in this its true character, I know not what recommendation possessed by any other morality they could possibly affirm to be wanting to it; what more beautiful or more exalted developments of human nature any other ethical system can be supposed to foster, or what springs of action, not accessible to the utilitarian, such systems rely on for giving effect to their mandates.

The objectors to utilitarianism cannot always be charged with repre- senting it in a discreditable light. On the contrary, those among them who entertain anything like a just idea of its disinterested character sometimes find fault with its standard as being too high for humanity. They say it is ex- acting too much to require that people shall always act from the induce- ment of promoting the general interests of society. But this is to mistake the very meaning of a standard of morals and to confound the rule of ac- tion with the motive of it. It is the business of ethics to tell us what are our duties, or by what test we may know them; but no system of ethics requires that the sole motive of all we do shall be a feeling of duty; on the contrary, ninety-nine hundredths of all our actions are done from other motives, and rightly so done, if the rule of duty does not condemn them. It is the more unjust to utilitarianism that this particular misapprehension should be made a ground of objection to it, inasmuch as utilitarian moralists have gone beyond almost all others in affirming that the motive has nothing to do with the morality of the action, though much with the worth of the agent. He who saves a fellow creature from drowning does what is morally right, whether his motive be duty, or the hope of being paid for his trouble; he who betrays the friend that trusts him, is guilty of a crime, even if his ob- ject be to serve another friend to whom he is under greater obligations.

Utilitarianism (selection): Reading 51Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection) © The McGraw−Hill Companies, 2006

in anything like equal circumstances, is not happier than the inferior— confounds the two very different ideas of happiness and content. It is indis- putable that the being whose capacities of enjoyment are low has the great- est chance of having them fully satisfied; and a highly-endowed being will always feel that any happiness which he can look for, as the world is consti- tuted, is imperfect. But he can learn to bear its imperfections, if they are at all bearable; and they will not make him envy the being who is indeed un- conscious of the imperfections, but only because he feels not at all the good which those imperfections qualify. It is better to be a human being dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied. And if the fool or the pig is of a different opinion, it is because they only know their own side of the question. The other party to the com- parison knows both sides. . . .

I have dwelt on this point, as being a necessary part of a perfectly just conception of utility or happiness, considered as the directive rule of human conduct. But it is by no means an indispensable condition to the acceptance of the utilitarian standard; for that standard is not the agent’s own greatest happiness, but the greatest amount of happiness altogether; and if it may possibly be doubted whether a noble character is always the happier for its nobleness, there can be no doubt that it makes other people happier and that the world in general is immensely a gainer by it. Utilitari- anism, therefore, could only attain its end by the general cultivation of no- bleness of character, even if each individual were only benefited by the no- bleness of others, and his own, so far as happiness is concerned, were a sheer deduction from the benefit. But the bare enunciation of such an ab- surdity as this last, renders refutation superfluous.

According to the greatest happiness principle, as above explained, the ultimate end, with reference to and for the sake of which all other things are desirable (whether we are considering our own good or that of other people), is an existence exempt as far as possible from pain, and as rich as possible in enjoyments, both in point of quantity and quality; the test of quality, and the rule for measuring it against quantity, being the preference felt by those who, in their opportunities of experience, to which must be added their habits of self-consciousness and self-observation, are best fur- nished with the means of comparison. This, being according to the utilitar- ian opinion the end of human action, is necessarily also the standard of morality; which may accordingly be defined [as] the rules and precepts for human conduct, by the observance of which an existence such as has been described might be, to the greatest extent possible, secured to all mankind; and not to them only, but, so far as the nature of things admits, to the whole sentient creation. . . .

I must again repeat what the assailants of utilitarianism seldom have the justice to acknowledge, that the happiness which forms the utilitarian standard of what is right in conduct, is not the agent’s own happiness, but that of all concerned. As between his own happiness and that of others,

50 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

111Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection)

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utilitarianism requires him to be as strictly impartial as a disinterested and benevolent spectator. In the golden rule of Jesus of Nazareth, we read the complete spirit of the ethics of utility. To do as one would be done by,4 and to love one’s neighbour as oneself,5 constitute the ideal perfection of utili- tarian morality. As the means of making the nearest approach to this ideal, utility would enjoin, first, that laws and social arrangements should place the happiness, or (as speaking practically it may be called) the interest, of every individual, as nearly as possible in harmony with the interest of the whole; and secondly, that education and opinion, which have so vast a power over human character, should so use that power as to establish in the mind of every individual an indissoluble association between his own happiness and the good of the whole; especially between his own happi- ness and the practice of such modes of conduct, negative and positive, as regard for the universal happiness prescribes: so that not only he may be unable to conceive the possibility of happiness to himself consistently with conduct opposed to the general good, but also that a direct impulse to pro- mote the general good may be in every individual one of the habitual mo- tives of action, and the sentiments connected therewith may fill a large and prominent place in every human being’s sentient existence. If the impugn- ers of the utilitarian morality represented it to their own minds in this its true character, I know not what recommendation possessed by any other morality they could possibly affirm to be wanting to it; what more beautiful or more exalted developments of human nature any other ethical system can be supposed to foster, or what springs of action, not accessible to the utilitarian, such systems rely on for giving effect to their mandates.

The objectors to utilitarianism cannot always be charged with repre- senting it in a discreditable light. On the contrary, those among them who entertain anything like a just idea of its disinterested character sometimes find fault with its standard as being too high for humanity. They say it is ex- acting too much to require that people shall always act from the induce- ment of promoting the general interests of society. But this is to mistake the very meaning of a standard of morals and to confound the rule of ac- tion with the motive of it. It is the business of ethics to tell us what are our duties, or by what test we may know them; but no system of ethics requires that the sole motive of all we do shall be a feeling of duty; on the contrary, ninety-nine hundredths of all our actions are done from other motives, and rightly so done, if the rule of duty does not condemn them. It is the more unjust to utilitarianism that this particular misapprehension should be made a ground of objection to it, inasmuch as utilitarian moralists have gone beyond almost all others in affirming that the motive has nothing to do with the morality of the action, though much with the worth of the agent. He who saves a fellow creature from drowning does what is morally right, whether his motive be duty, or the hope of being paid for his trouble; he who betrays the friend that trusts him, is guilty of a crime, even if his ob- ject be to serve another friend to whom he is under greater obligations.

Utilitarianism (selection): Reading 51Utilitarianism (selection): ReadingAbel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection) © The McGraw−Hill Companies, 2006

in anything like equal circumstances, is not happier than the inferior— confounds the two very different ideas of happiness and content. It is indis- putable that the being whose capacities of enjoyment are low has the great- est chance of having them fully satisfied; and a highly-endowed being will always feel that any happiness which he can look for, as the world is consti- tuted, is imperfect. But he can learn to bear its imperfections, if they are at all bearable; and they will not make him envy the being who is indeed un- conscious of the imperfections, but only because he feels not at all the good which those imperfections qualify. It is better to be a human being dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied. And if the fool or the pig is of a different opinion, it is because they only know their own side of the question. The other party to the com- parison knows both sides. . . .

I have dwelt on this point, as being a necessary part of a perfectly just conception of utility or happiness, considered as the directive rule of human conduct. But it is by no means an indispensable condition to the acceptance of the utilitarian standard; for that standard is not the agent’s own greatest happiness, but the greatest amount of happiness altogether; and if it may possibly be doubted whether a noble character is always the happier for its nobleness, there can be no doubt that it makes other people happier and that the world in general is immensely a gainer by it. Utilitari- anism, therefore, could only attain its end by the general cultivation of no- bleness of character, even if each individual were only benefited by the no- bleness of others, and his own, so far as happiness is concerned, were a sheer deduction from the benefit. But the bare enunciation of such an ab- surdity as this last, renders refutation superfluous.

According to the greatest happiness principle, as above explained, the ultimate end, with reference to and for the sake of which all other things are desirable (whether we are considering our own good or that of other people), is an existence exempt as far as possible from pain, and as rich as possible in enjoyments, both in point of quantity and quality; the test of quality, and the rule for measuring it against quantity, being the preference felt by those who, in their opportunities of experience, to which must be added their habits of self-consciousness and self-observation, are best fur- nished with the means of comparison. This, being according to the utilitar- ian opinion the end of human action, is necessarily also the standard of morality; which may accordingly be defined [as] the rules and precepts for human conduct, by the observance of which an existence such as has been described might be, to the greatest extent possible, secured to all mankind; and not to them only, but, so far as the nature of things admits, to the whole sentient creation. . . .

I must again repeat what the assailants of utilitarianism seldom have the justice to acknowledge, that the happiness which forms the utilitarian standard of what is right in conduct, is not the agent’s own happiness, but that of all concerned. As between his own happiness and that of others,

50 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics112 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection)

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namely, the whole past duration of the human species. During all that time mankind have been learning by experience the tendencies of actions, on which experience all the prudence, as well as all the morality of life, is de- pendent. People talk as if the commencement of this course of experience had hitherto been put off, and as if, at the moment when some man feels tempted to meddle with the property or life of another, he had to begin considering for the first time whether murder and theft are injurious to human happiness. Even then I do not think that he would find the ques- tion very puzzling; but, at all events, the matter is now done to his hand. It is truly a whimsical supposition that if mankind were agreed to considering utility to be the test of morality, they would remain without any agreement as to what is useful, and would take no measures for having their notions on the subject taught to the young and enforced by law and opinion. There is no difficulty in proving any ethical standard whatever to work ill, if we suppose universal idiocy to be conjoined with it; but on any hypothesis short of that, mankind must by this time have acquired positive beliefs as to the effects of some actions on their happiness; and [the] beliefs which have thus come down are the rules of morality for the multitude, and for the philosopher until he has succeeded in finding better. . . .

Chapter IV: Of What Sort of Proof the Principle of Utility Is Susceptible

. . . Questions of ultimate ends do not admit of proof, in the ordinary ac- ceptation of the term. To be incapable of proof by reasoning is common to all first principles; to the first premises of our knowledge, as well as to those of our conduct. But the former, being matters of fact, may be the subject of a direct appeal to the faculties which judge of fact—namely, our senses and our internal consciousness. Can an appeal be made to the same faculties on questions of practical ends? Or by what other faculty is cognizance taken of them?

Questions about ends are, in other words, questions what things are de- sirable. The utilitarian doctrine is that happiness is desirable, and the only thing desirable, as an end; all other things being only desirable as means to that end. What ought to be required of this doctrine—what conditions is it requisite that the doctrine should fulfil—to make good its claim to be be- lieved?

The only proof capable of being given that an object is visible, is that people actually see it. The only proof that a sound is audible, is that people hear it: and so of the other sources of our experience. In like manner, I ap- prehend, the sole evidence it is possible to produce that anything is desir- able, is that people do actually desire it. If the end which the utilitarian doctrine proposes to itself were not, in theory and in practice, acknowl- edged to be an end, nothing could ever convince any person that it was so. No reason can be given why the general happiness is desirable, except that each person, so far as he believes it to be attainable, desires his own happi- ness. This, however, being a fact, we have not only all the proof which the

Utilitarianism (selection): Reading 53Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection) © The McGraw−Hill Companies, 2006

But to speak only of actions done from the motive of duty and in direct obedience to principle: it is a misapprehension of the utilitarian mode of thought, to conceive it as implying that people should fix their minds upon so wide a generality as the world, or society at large. The great majority of good actions are intended, not for the benefit of the world, but for that of individuals, of which the good of the world is made up; and the thoughts of the most virtuous man need not on these occasions travel beyond the particular persons concerned, except so far as is necessary to assure him- self that in benefiting them he is not violating the rights—that is, the legiti- mate and authorized expectations—of anyone else. The multiplication of happiness is, according to the utilitarian ethics, the object of virtue: the oc- casions on which any person (except one in a thousand) has it in his power to do this on an extended scale, in other words, to be a public benefactor, are but exceptional; and on these occasions alone is he called on to consid- er public utility; in every other case, private utility, the interest or happiness of some few persons, is all he has to attend to. Those alone the influence of whose actions extends to society in general, need concern themselves ha- bitually about so large an object. In the case of abstinences indeed—of things which people forbear to do, from moral considerations, though the consequences in the particular case might be beneficial—it would be un- worthy of an intelligent agent not to be consciously aware that the action is of a class which, if practised generally, would be generally injurious, and that this is the ground of the obligation to abstain from it. The amount of regard for the public interest implied in this recognition is no greater than is demanded by every system of morals, for they all enjoin to abstain from whatever is manifestly pernicious to society. . . .

We not uncommonly hear the doctrine of utility inveighed against as a godless doctrine. If it be necessary to say anything at all against so mere an assumption, we may say that the question depends upon what idea we have formed of the moral character of the Deity. If it be a true belief that God desires, above all things, the happiness of his creatures, and that this was his purpose in their creation, utility is not only not a godless doctrine, but more profoundly religious than any other. If it be meant that utilitarianism does not recognise the revealed will of God as the supreme law of morals, I answer that a utilitarian who believes in the perfect goodness and wisdom of God necessarily believes that whatever God has thought fit to reveal on the subject of morals, must fulfil the requirements of utility in a supreme degree. . . .

Again, defenders of utility often find themselves called upon to reply to such objections as this—that there is not time, previous to action, for calcu- lating and weighing the effects of any line of conduct on the general hap- piness. This is exactly as if anyone were to say that it is impossible to guide our conduct by Christianity because there is not time, on every occasion on which anything has to be done, to read through the Old and New Testa- ments. The answer to the objection is that there has been ample time,

52 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

113Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection)

© The McGraw−Hill Companies, 2006

namely, the whole past duration of the human species. During all that time mankind have been learning by experience the tendencies of actions, on which experience all the prudence, as well as all the morality of life, is de- pendent. People talk as if the commencement of this course of experience had hitherto been put off, and as if, at the moment when some man feels tempted to meddle with the property or life of another, he had to begin considering for the first time whether murder and theft are injurious to human happiness. Even then I do not think that he would find the ques- tion very puzzling; but, at all events, the matter is now done to his hand. It is truly a whimsical supposition that if mankind were agreed to considering utility to be the test of morality, they would remain without any agreement as to what is useful, and would take no measures for having their notions on the subject taught to the young and enforced by law and opinion. There is no difficulty in proving any ethical standard whatever to work ill, if we suppose universal idiocy to be conjoined with it; but on any hypothesis short of that, mankind must by this time have acquired positive beliefs as to the effects of some actions on their happiness; and [the] beliefs which have thus come down are the rules of morality for the multitude, and for the philosopher until he has succeeded in finding better. . . .

Chapter IV: Of What Sort of Proof the Principle of Utility Is Susceptible

. . . Questions of ultimate ends do not admit of proof, in the ordinary ac- ceptation of the term. To be incapable of proof by reasoning is common to all first principles; to the first premises of our knowledge, as well as to those of our conduct. But the former, being matters of fact, may be the subject of a direct appeal to the faculties which judge of fact—namely, our senses and our internal consciousness. Can an appeal be made to the same faculties on questions of practical ends? Or by what other faculty is cognizance taken of them?

Questions about ends are, in other words, questions what things are de- sirable. The utilitarian doctrine is that happiness is desirable, and the only thing desirable, as an end; all other things being only desirable as means to that end. What ought to be required of this doctrine—what conditions is it requisite that the doctrine should fulfil—to make good its claim to be be- lieved?

The only proof capable of being given that an object is visible, is that people actually see it. The only proof that a sound is audible, is that people hear it: and so of the other sources of our experience. In like manner, I ap- prehend, the sole evidence it is possible to produce that anything is desir- able, is that people do actually desire it. If the end which the utilitarian doctrine proposes to itself were not, in theory and in practice, acknowl- edged to be an end, nothing could ever convince any person that it was so. No reason can be given why the general happiness is desirable, except that each person, so far as he believes it to be attainable, desires his own happi- ness. This, however, being a fact, we have not only all the proof which the

Utilitarianism (selection): Reading 53

“That’s a cen- tral part of philosophy, of ethics. What do I owe to strangers? What do I owe my fam- ily? What is it to live a good life? Those are questions we face as indi- viduals.” Peter Singer

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But to speak only of actions done from the motive of duty and in direct obedience to principle: it is a misapprehension of the utilitarian mode of thought, to conceive it as implying that people should fix their minds upon so wide a generality as the world, or society at large. The great majority of good actions are intended, not for the benefit of the world, but for that of individuals, of which the good of the world is made up; and the thoughts of the most virtuous man need not on these occasions travel beyond the particular persons concerned, except so far as is necessary to assure him- self that in benefiting them he is not violating the rights—that is, the legiti- mate and authorized expectations—of anyone else. The multiplication of happiness is, according to the utilitarian ethics, the object of virtue: the oc- casions on which any person (except one in a thousand) has it in his power to do this on an extended scale, in other words, to be a public benefactor, are but exceptional; and on these occasions alone is he called on to consid- er public utility; in every other case, private utility, the interest or happiness of some few persons, is all he has to attend to. Those alone the influence of whose actions extends to society in general, need concern themselves ha- bitually about so large an object. In the case of abstinences indeed—of things which people forbear to do, from moral considerations, though the consequences in the particular case might be beneficial—it would be un- worthy of an intelligent agent not to be consciously aware that the action is of a class which, if practised generally, would be generally injurious, and that this is the ground of the obligation to abstain from it. The amount of regard for the public interest implied in this recognition is no greater than is demanded by every system of morals, for they all enjoin to abstain from whatever is manifestly pernicious to society. . . .

We not uncommonly hear the doctrine of utility inveighed against as a godless doctrine. If it be necessary to say anything at all against so mere an assumption, we may say that the question depends upon what idea we have formed of the moral character of the Deity. If it be a true belief that God desires, above all things, the happiness of his creatures, and that this was his purpose in their creation, utility is not only not a godless doctrine, but more profoundly religious than any other. If it be meant that utilitarianism does not recognise the revealed will of God as the supreme law of morals, I answer that a utilitarian who believes in the perfect goodness and wisdom of God necessarily believes that whatever God has thought fit to reveal on the subject of morals, must fulfil the requirements of utility in a supreme degree. . . .

Again, defenders of utility often find themselves called upon to reply to such objections as this—that there is not time, previous to action, for calcu- lating and weighing the effects of any line of conduct on the general hap- piness. This is exactly as if anyone were to say that it is impossible to guide our conduct by Christianity because there is not time, on every occasion on which anything has to be done, to read through the Old and New Testa- ments. The answer to the objection is that there has been ample time,

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We have now, then, an answer to the question, of what sort of proof the principle of utility is susceptible. If the opinion which I have now stated is psychologically true—if human nature is so constituted as to desire noth- ing which is not either a part of happiness or a means of happiness, we can have no other proof, and we require no other, that these are the only things desirable. If so, happiness is the sole end of human action, and the promotion of it the test by which to judge of all human conduct; from whence it necessarily follows that it must be the criterion of morality, since a part is included in the whole.

And now to decide whether this is really so; whether mankind do de- sire nothing for itself but that which is a pleasure to them, or of which the absence is a pain; we have evidently arrived at a question of fact and experi- ence, dependent, like all similar questions, upon evidence. It can only be determined by practised self-consciousness and self-observation, assisted by observation of others. I believe that these sources of evidence, impartially consulted, will declare that desiring a thing and finding it pleasant, aver- sion to it and thinking of it as painful, are phenomena entirely inseparable, or rather two parts of the same phenomenon; in strictness of language, two different modes of naming the same psychological fact: that to think of an object as desirable (unless for the sake of its consequences), and to think of it as pleasant, are one and the same thing; and that to desire anything, except in proportion as the idea of it is pleasant, is a physical and meta- physical impossibility.

NOTES

1. Epicurus (341–270 B.C.E.) was a Greek philosopher. [D.C.A., ed.] 2. Stoicism is the school of philosophy founded by the Greek philosopher

Zeno of Citium (about 335–263 B.C.E). [D.C.A.] 3. Mill refers here primarily to Jeremy Bentham (1748–1832), the English

jurist and philosopher who first proposed the theory of utilitarianism. [D.C.A.]

4. Matthew 7:21; Luke 6:31 [D.C.A.] 5. Matthew 22:39 [D.C.A.]

Utilitarianism (selection): Reading 55Abel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection) © The McGraw−Hill Companies, 2006

case admits of, but all which it is possible to require, that happiness is a good: that each person’s happiness is a good to that person, and the gener- al happiness, therefore, a good to the aggregate of all persons. Happiness has made out its title as one of the ends of conduct, and consequently one of the criteria of morality.

But it has not, by this alone, proved itself to be the sole criterion. To do that, it would seem, by the same rule, necessary to show not only that peo- ple desire happiness, but that they never desire anything else. Now it is pal- pable that they do desire things which, in common language, are decidedly distinguished from happiness. They desire, for example, virtue and the ab- sence of vice, no less really than pleasure and the absence of pain. The de- sire of virtue is not as universal, but it is as authentic a fact, as the desire of happiness. And hence the opponents of the utilitarian standard deem that they have a right to infer that there are other ends of human action besides happiness, and that happiness is not the standard of approbation and dis- approbation.

But does the utilitarian doctrine deny that people desire virtue, or maintain that virtue is not a thing to be desired? The very reverse. It main- tains not only that virtue is to be desired, but that it is to be desired disin- terestedly, for itself. Whatever may be the opinion of utilitarian moralists as to the original conditions by which virtue is made virtue; however they may believe (as they do) that actions and dispositions are only virtuous because they promote another end than virtue; yet this being granted, and it having been decided, from considerations of this description, what is virtuous, they not only place virtue at the very head of the things which are good as means to the ultimate end, but they also recognise as a psychological fact the possibility of its being, to the individual, a good in itself, without look- ing to any end beyond it; and hold that the mind is not in a right state, not in a state conformable to utility, not in the state most conducive to the gen- eral happiness, unless it does love virtue in this manner—as a thing desir- able in itself, even although, in the individual instance, it should not pro- duce those other desirable consequences which it tends to produce, and on account of which it is held to be virtue. This opinion is not, in the small- est degree, a departure from the happiness principle. The ingredients of happiness are very various and each of them is desirable in itself, and not merely when considered as swelling an aggregate. The principle of utility does not mean that any given pleasure, as music, for instance, or any given exemption from pain, as for example health, are to be looked upon as means to a collective something termed happiness, and to be desired on that account. They are desired and desirable in and for themselves; besides being means, they are a part of the end. Virtue, according to the utilitarian doctrine, is not naturally and originally part of the end, but it is capable of becoming so; and in those who love it disinterestedly it has become so, and is desired and cherished, not as a means to happiness, but as a part of their happiness. . . .

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We have now, then, an answer to the question, of what sort of proof the principle of utility is susceptible. If the opinion which I have now stated is psychologically true—if human nature is so constituted as to desire noth- ing which is not either a part of happiness or a means of happiness, we can have no other proof, and we require no other, that these are the only things desirable. If so, happiness is the sole end of human action, and the promotion of it the test by which to judge of all human conduct; from whence it necessarily follows that it must be the criterion of morality, since a part is included in the whole.

And now to decide whether this is really so; whether mankind do de- sire nothing for itself but that which is a pleasure to them, or of which the absence is a pain; we have evidently arrived at a question of fact and experi- ence, dependent, like all similar questions, upon evidence. It can only be determined by practised self-consciousness and self-observation, assisted by observation of others. I believe that these sources of evidence, impartially consulted, will declare that desiring a thing and finding it pleasant, aver- sion to it and thinking of it as painful, are phenomena entirely inseparable, or rather two parts of the same phenomenon; in strictness of language, two different modes of naming the same psychological fact: that to think of an object as desirable (unless for the sake of its consequences), and to think of it as pleasant, are one and the same thing; and that to desire anything, except in proportion as the idea of it is pleasant, is a physical and meta- physical impossibility.

NOTES

1. Epicurus (341–270 B.C.E.) was a Greek philosopher. [D.C.A., ed.] 2. Stoicism is the school of philosophy founded by the Greek philosopher

Zeno of Citium (about 335–263 B.C.E). [D.C.A.] 3. Mill refers here primarily to Jeremy Bentham (1748–1832), the English

jurist and philosopher who first proposed the theory of utilitarianism. [D.C.A.]

4. Matthew 7:21; Luke 6:31 [D.C.A.] 5. Matthew 22:39 [D.C.A.]

Utilitarianism (selection): Reading 55Utilitarianism (selection): ReadingAbel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection) © The McGraw−Hill Companies, 2006

case admits of, but all which it is possible to require, that happiness is a good: that each person’s happiness is a good to that person, and the gener- al happiness, therefore, a good to the aggregate of all persons. Happiness has made out its title as one of the ends of conduct, and consequently one of the criteria of morality.

But it has not, by this alone, proved itself to be the sole criterion. To do that, it would seem, by the same rule, necessary to show not only that peo- ple desire happiness, but that they never desire anything else. Now it is pal- pable that they do desire things which, in common language, are decidedly distinguished from happiness. They desire, for example, virtue and the ab- sence of vice, no less really than pleasure and the absence of pain. The de- sire of virtue is not as universal, but it is as authentic a fact, as the desire of happiness. And hence the opponents of the utilitarian standard deem that they have a right to infer that there are other ends of human action besides happiness, and that happiness is not the standard of approbation and dis- approbation.

But does the utilitarian doctrine deny that people desire virtue, or maintain that virtue is not a thing to be desired? The very reverse. It main- tains not only that virtue is to be desired, but that it is to be desired disin- terestedly, for itself. Whatever may be the opinion of utilitarian moralists as to the original conditions by which virtue is made virtue; however they may believe (as they do) that actions and dispositions are only virtuous because they promote another end than virtue; yet this being granted, and it having been decided, from considerations of this description, what is virtuous, they not only place virtue at the very head of the things which are good as means to the ultimate end, but they also recognise as a psychological fact the possibility of its being, to the individual, a good in itself, without look- ing to any end beyond it; and hold that the mind is not in a right state, not in a state conformable to utility, not in the state most conducive to the gen- eral happiness, unless it does love virtue in this manner—as a thing desir- able in itself, even although, in the individual instance, it should not pro- duce those other desirable consequences which it tends to produce, and on account of which it is held to be virtue. This opinion is not, in the small- est degree, a departure from the happiness principle. The ingredients of happiness are very various and each of them is desirable in itself, and not merely when considered as swelling an aggregate. The principle of utility does not mean that any given pleasure, as music, for instance, or any given exemption from pain, as for example health, are to be looked upon as means to a collective something termed happiness, and to be desired on that account. They are desired and desirable in and for themselves; besides being means, they are a part of the end. Virtue, according to the utilitarian doctrine, is not naturally and originally part of the end, but it is capable of becoming so; and in those who love it disinterestedly it has become so, and is desired and cherished, not as a means to happiness, but as a part of their happiness. . . .

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Utilitarianism John Stuart Mill

Reading Questions

According to Mill:

1. What is the “greatest happiness principle”?

2. How can one determine which of two pleasures has the higher quality?

3. Why are the following assertions about utilitarianism false? a. “Utilitarianism is a selfish doctrine.” b. “Utilitarianism sets too high a standard by requiring that our

motive always be the greatest happiness of society.” c. “Utilitarianism is a godless doctrine.” d. “A utilitarian has insufficient time to calculate the effects of

proposed actions on the general happiness.”

4. Why is the general happiness desirable?

5. How is it possible to desire things other than happiness (virtue, for example) in themselves, when happiness is the only thing desirable in itself?

Discussion Questions

In your own view:

1. Is an action immoral if it fails to maximize the happiness of all sentient creatures?

2. Should the good of the individual always be subordinated to the good of the group?

3. Is morality concerned only with the effects of actions and not with the motive of the agent?

4. Is pleasure the only thing intrinsically good (desired for its own sake)?

5. Is it consistent to hold that pleasure is the only intrinsic good, and that a pleasure with less quantity but more quality is better than one with less quality but more quantity?

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117

BIBLIOGRAPHY

Jeremy Bentham, An Introduction to the Principles of Morals and Legislation. Oxford, England: Clarendon Press, 1907.

John Stuart Mill, Utilitarianism, 4th ed. London, England: Longmans, Green, Reader & Dyer, 1871.

BibliographyAbel: Discourses Ethical Theories John Stuart Mill, ‘‘Utilitarianism’’ (selection)

© The McGraw−Hill Companies, 2006

Utilitarianism John Stuart Mill

Reading Questions

According to Mill:

1. What is the “greatest happiness principle”?

2. How can one determine which of two pleasures has the higher quality?

3. Why are the following assertions about utilitarianism false? a. “Utilitarianism is a selfish doctrine.” b. “Utilitarianism sets too high a standard by requiring that our

motive always be the greatest happiness of society.” c. “Utilitarianism is a godless doctrine.” d. “A utilitarian has insufficient time to calculate the effects of

proposed actions on the general happiness.”

4. Why is the general happiness desirable?

5. How is it possible to desire things other than happiness (virtue, for example) in themselves, when happiness is the only thing desirable in itself?

Discussion Questions

In your own view:

1. Is an action immoral if it fails to maximize the happiness of all sentient creatures?

2. Should the good of the individual always be subordinated to the good of the group?

3. Is morality concerned only with the effects of actions and not with the motive of the agent?

4. Is pleasure the only thing intrinsically good (desired for its own sake)?

5. Is it consistent to hold that pleasure is the only intrinsic good, and that a pleasure with less quantity but more quality is better than one with less quality but more quantity?

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CHAPTER 4: Continental Perspectives

INTRODUCTION

Continental Philosophy is a very, very broad umbrella of a category. It is a term used by Anglophone philosophers, that is, by most philosophers in the United Kingdom and the United States. It describes something other than Analytic Philosophy and it is in fact an interesting historical feature of the field of philosophy in general as well as of ethics in particular. For philosophical analysts, logical methodology—the first part of this book dealing with critical thinking and ethics, for instance—is and ought to be the main subject of ethics. Nothing wrong with that, perhaps, save that since the middle of the 20th Century that enterprise has tended to leave out many important everyday problems as well as major political problems. In other words, it turned the study of ethics away from practical matters, from the political matters that were at the heart of ethics from the time of Plato and Aristotle. Considered reflection on the meaning of reality and the ways in which we may know that reality are the basic problems of metaphysics and epistemology. Beginning with the Ancient Greeks, these problems were considered in the polis, in reasoned public discourse, in the context of ethics and politics. That is, as Aristotle pointedly noticed, it is nearly impossible to consider ethics without also considering politics.

The thinkers we now call Continental philosophers never stopped mak- ing that connection. In many American academic philosophy departments they are not even considered philosophers. Edmund Husserl is usually given a pass, but Friedrich Nietzsche is often treated as a curiosity in textbooks. Jean-Paul Sartre, Albert Camus, and Michel Foucault all have been called folk psychologists or sociologists and, as a sort of insult, artists. Karl Marx, Friedrich Engels and V. I. Lenin are political scientists of considerable his- torical influence, but not “real” philosophers. Simone de Beauvoir, who will be discussed in detail in Chapter 8, is a feminist, not a moral philosopher. Questions such as “What is the meaning of life?”, “What kind of life should I live?”, “Am I responsible for others?” or “What is my place in this world?” came to be seen as silly, pretentious, frivolous or at the very least unclear and at best difficult to answer. Not for the first time, it is worth remembering that the fact that a question is difficult does not mean that it has no answer. It merely means that the question is difficult.

The philosophies that ask these difficult questions are hard to ignore. The Age of Enlightenment in the 17th and 18th Centuries exploded into the historical realities of the French and American revolutions and led to the destruction of the political power and moral hegemony of church and monarchy alike, all based on an optimistic trust in reason as the root of moral and political truths. Thus, ethical theories as diverse as those of Kant’s categorical imperative with its absolute moral laws, and the Utilitarians’ hope

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119Chapter 4: Continental Perspectives

to find a flexible way to make moral judgements based on the consequences of an act all were based on this faith in reason. How to find a law without a lawgiver? Reason seemed the best answer. Major reforms, from the establishment of democratic governments the likes of which had not been contemplated in millennia, to the movements to abolish slavery, to give women equal rights, to reform and re-examine the role of prisons and the morality of the death penalty, to achieve marriage equality—topics dealt with in Part III of this book—rest largely on a faith in reason. That faith in reason was already present in Aristotle, who recognized that it is reason that makes us better than animals, reason that makes ethics possible.

“Morality is neither rational nor absolute nor natural. The world has known many moral systems, each of which advances claims of universality; all moral systems are therefore particular, serving a specific purpose for their propagators or creators, and enforcing a certain regime that disciplines human beings for social life by narrowing our perspectives and limiting our horizons.” Friedrich Nietzsche

Then Friedrich Nietzsche sounded the alarm about our trust in reason, and he was among the first to reject the rationalist metaphysics that he believed led to a slave morality of subjection to the established order and to religion. “Which is it,” asked Nietzsche with every intention to provoke, “is man one of God’s mistakes or is God one of man’s?” He saw the reigning morality as the morality of the herd, of slaves ready to be exploited. It was the morality of the masses who follow orders, supported by Christian ethics. A superior master morality would be the morality of the noble individual human being. The philosopher’s role must be, according to Nietzsche, to help destroy the slave morality. The problem remains, as Plato was the first to notice in the Republic, who will decide the enforcement of this superior morality? Niezsche’s famous Übermensch, the superman mentioned briefly in his 1883 Thus Spoke Zarathustra, was likely an attempt to lead human beings into being more than, in his words, human, all too human. The concept of the Übermensch who is above the slave morality of the masses remains at the very least a difficult ethical and political question.

The success of ruthless dictators from Adolph Hitler and Josef Stalin right through Vladimir Putin and Kim Jong-Un was envisioned in anguished human terms by the Russian novelist Fyodor Dostoyevsky. Particularly in the chapter called “The Grand Inquisitor” from his 1880 novel The Brothers Karamazov, Dostoyevsky added a painfully personal touch to Nietzsche’s question by pointing out the comforts of being told what to do, of pretending that the choice is not ours to make. That was the precocious beginning of Existentialism, a 20th and 21st Century philosophical movement that encompasses not only most of those who are bundled together as Continental philosophers but also artists like Alberto Giacometti, novelists including Miguel de Unamuno, Franz Kafka and Georges Perec, playwrights such as Samuel Beckett, Eugène Ionesco and Harold Pinter, the filmmakers Jean-

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Luc Godard, Michelangelo Antonioni and Krzysztof Kiés lowski, and, yes, the feminist novelist and essayist Simone de Beauvoir.

They all have this much in common. Existentialists believe that an intellectual must be engaged in the actual life of his or her world, that philosophy in particular must focus on the confrontation of the individual with a world that reason simply cannot explain. That feelings of emptiness, dread, and existential anxiety accompany the realization that we are in fact alone, without any gods we might have invented and with no reality other than the freedom that defines who we are and the brutal limits on that freedom presented by the facts of the world. With a grateful nod to the Hegelian dialectic that challenged traditional logic and metaphysics with a claim that being and nothing are in a constant process of becoming, it is the Existentialist dialectic between brute facticity and absolute freedom— between Being and Nothingness, as Sartre put it in his 1942 masterpiece of that title—that defines our place in the world.

“A freedom which is interested only in denying freedom must be denied. And it is not true that the recognition of the freedom of others limits my own freedom: to be free is not to have the power to do anything you like; it is to be able to surpass the given toward an open future; the existence of others as a freedom defines my situation and is even the condition of my own freedom. I am oppressed if I am thrown into prison, but not if I am kept from throwing my neighbor into prison.” Simone de Beauvoir

There are no answers forthcoming unless we come up with those answers ourselves. Morality is on us. Camus made much of the concept of absurdity, but he did not mean to say that the world is absurd. The world is a thing, neither absurd nor rational. What is absurd is our presence in the world given that we keep asking “Why?” as the world remains and always will remain silent. The Enlightenment’s faith in reason falls apart: There is no reason, there is only action. Praxis precedes theory, as Marx pointed out. Existence precedes essence, so ethics precedes ontology. Every moral choice is personal: we are defined by what we do. We are what we make of ourselves. Finding joy— choosing joy—in the midst of this lived dialectic is a daunting but necessary project, one Camus famously exhorts us to do in the finals lines of The Myth of Sisyphus: “We must imagine Sisyphus happy.”

All of this leads to politics, and in fact the major Continental perspectives on ethics are political and fall outside the scope of this book. Michel Foucault’s post-Sartrean project remains the most powerful and influential argument for prison reform as well as for reconsidering the role of mental hospitals and the marginalization of the mentally ill. It is worth mentioning, however, that Sartre famously promised a treatise on ethics at the end of Being and Nothingness; he never got around to writing it, giving us instead one of the seminal modern texts on political philosophy, his 1960 Critique of Dialectical Reason. It took his life partner, Simone de Beauvoir, to fill the gap by writing the concise 1947 Ethics of Ambiguity, a prolegomena to an existentialist politics.

Octavio Roca and Matthew Schuh © J.B. Handelsman//e New Yorker Collection/from www.cartoonbank.com

“Religion is the opium of the people, Fred.” “Just say no, Karl.” 57

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© J.B. Handelsman//e New Yorker Collection/from www.cartoonbank.com

“Religion is the opium of the people, Fred.” “Just say no, Karl.” 57“Religion is the opium of the people, Fred.” “Just say no, Karl.”

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Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

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Manifesto of the Communist Party

Karl Marx and Friedrich Engels

Karl Marx was born in 1818 in Trier, Prussia. He began studying law at the University of Bonn at the age of seventeen, but soon transferred to the University of Berlin, where he became interested in philosophy. In 1841 he received his doctorate in philosophy from the University of Jena. Unable to get a teaching position because of his association with the politically radical Young Hegelians, Marx in 1842 became editor of the Rhenish Gazette, a liberal newspaper in the Rhineland. He then moved to Paris to take a job as coeditor of a new socialist publication, the German-French Annals. The Annals was soon shut down by the authorities, and Marx was expelled from Paris in 1844. He moved to Brussels, Belgium, where he worked to promote communism. In 1849 he settled in London, where he lived for the rest of his life. In 1867 he published the first volume of Capital, his comprehensive work on economics; the drafts of the second and third volumes were still uncompleted when Marx died in 1883.

Friedrich Engels was born in Barmen, Prussia, in 1820. He attended secondary school but dropped out before graduating. In 1838 he went to Bremen to work in the office of his father’s textile company to prepare for a career in business. He soon developed an interest in politics and associated with the Young Hegelians, becoming a communist in 1842. He then went to Manchester, England, to work as a clerk in a cotton mill owned by his father. In 1844 he went to Paris to visit with Marx, and the two became friends and lifelong collaborators. Engels followed Marx to Brussels when Marx was exiled in 1845; there they coauthored The German Ideology (written in 1845, not published in full until 1932) and the Manifesto of the Communist Party (1848). Engels later moved back to Manchester and worked again for his father’s company. He shared his salary with Marx, who was living in London. After Marx’s death, Engels edited and published the second and third volumes of Capital (1885, 1894). Engels died in London in 1895.

Our reading is from the Manifesto of the Communist Party, a document Marx and Engels wrote as the platform of the Communist League, an international association of workers. Marx and Engels explain that communism interprets the history of society as the history of class struggles. While the classes vary with the historical epoch, they are always the result of the prevailing economic system. The two classes produced by the industrial revolution are the bourgeoisie (capitalists, who own the means of production) and the proletariat (wage-laborers employed by the bourgeoisie). Under capitalism, workers become just one more commodity, bought and sold at market prices. To earn enough money simply to survive, they must work long hours under increasingly inhumane conditions.

Marx and Engels argue that capitalism, ironically, contains the seeds of its own destruction: On the one hand, its very success leads to overproduction and thus to economic ruin; on the other hand, it drives the oppressed workers to unite to overthrow the entire capitalistic system. The fall of capitalism and the victory of the proletariat are therefore inevitable. Marx and Engels explain that the goal of the Communist Party is to hasten the end of capitalism by uniting the workers of all countries and encouraging them to revolt. The revolution will abolish private property (private ownership of the means of production) and shift political power from the bourgeoisie to the proletariat. Eventually the distinction between bourgeoisie and proletariat will disappear, and with it the need for political power.

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Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

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I. Bourgeois and Proletarians1

The history of all hitherto existing society is the history of class struggles. Freeman and slave, patrician and plebeian, lord and serf, guild master2

and journeyman, in a word, oppressor and oppressed, stood in constant opposition to one another, carried on an uninterrupted, now hidden, now open fight; a fight that each time ended either in a revolutionary reconsti- tution of society at large, or in the common ruin of the contending classes.

In the earlier epochs of history, we find almost everywhere a complicat- ed arrangement of society into various orders, a manifold gradation of so- cial rank. In ancient Rome, we have patricians, knights, plebeians, slaves; in the Middle Ages, feudal lords, vassals, guild masters, journeymen, appren- tices, serfs; in almost all of these classes, again, subordinate gradations.

The modern bourgeois society that has sprouted from the ruins of feu- dal society has not done away with class antagonisms. It has but established new classes, new conditions of oppression, new forms of struggle in place of the old ones.

Our epoch, the epoch of the bourgeoisie, possesses, however, this dis- tinctive feature: it has simplified the class antagonisms. Society as a whole is more and more splitting up into two great hostile camps, into two great classes directly facing each other: bourgeoisie and proletariat.

From the serfs of the Middle Ages sprang the chartered burghers of the earliest towns. From these burgesses the first elements of the bour- geoisie were developed.

The discovery of America, the rounding of the Cape, opened up fresh ground for the rising bourgeoisie. The East Indian and Chinese markets, the colonisation of America, trade with the colonies, the increase in the means of exchange and in commodities generally, gave to commerce, to navigation, to industry, an impulse never before known, and thereby, to the revolutionary element in the tottering feudal society, a rapid development.

The feudal system of industry, under which industrial production was monopolised by closed guilds, now no longer sufficed for the growing wants of the new markets. The manufacturing system took its place. The guild masters were pushed on one side by the manufacturing middle class; division of labour between the different corporate guilds vanished in the face of division of labour in each single workshop.

Meantime the markets kept ever growing, the demand ever rising. Even manufacture no longer sufficed. Thereupon, steam and machinery revolutionised industrial production. The place of manufacture was taken by the giant, modern industry; the place of the industrial middle class, by industrial millionaires, the leaders of whole industrial armies, the modern bourgeois.

Modern industry has established the world market, for which the dis- covery of America paved the way. This market has given an immense devel- opment to commerce, to navigation, to communication by land. This de- velopment has, in its turn, reacted on the extension of industry; and in

Manifesto of the Communist Party (selection): Reading 59

06_bos5511X_Ch04_p118-157.indd 122 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

123Manifesto of the Communist Party (selection): ReadingAbel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

Manifesto of the Communist Party

Karl Marx and Friedrich Engels

Karl Marx was born in 1818 in Trier, Prussia. He began studying law at the University of Bonn at the age of seventeen, but soon transferred to the University of Berlin, where he became interested in philosophy. In 1841 he received his doctorate in philosophy from the University of Jena. Unable to get a teaching position because of his association with the politically radical Young Hegelians, Marx in 1842 became editor of the Rhenish Gazette, a liberal newspaper in the Rhineland. He then moved to Paris to take a job as coeditor of a new socialist publication, the German-French Annals. The Annals was soon shut down by the authorities, and Marx was expelled from Paris in 1844. He moved to Brussels, Belgium, where he worked to promote communism. In 1849 he settled in London, where he lived for the rest of his life. In 1867 he published the first volume of Capital, his comprehensive work on economics; the drafts of the second and third volumes were still uncompleted when Marx died in 1883.

Friedrich Engels was born in Barmen, Prussia, in 1820. He attended secondary school but dropped out before graduating. In 1838 he went to Bremen to work in the office of his father’s textile company to prepare for a career in business. He soon developed an interest in politics and associated with the Young Hegelians, becoming a communist in 1842. He then went to Manchester, England, to work as a clerk in a cotton mill owned by his father. In 1844 he went to Paris to visit with Marx, and the two became friends and lifelong collaborators. Engels followed Marx to Brussels when Marx was exiled in 1845; there they coauthored The German Ideology (written in 1845, not published in full until 1932) and the Manifesto of the Communist Party (1848). Engels later moved back to Manchester and worked again for his father’s company. He shared his salary with Marx, who was living in London. After Marx’s death, Engels edited and published the second and third volumes of Capital (1885, 1894). Engels died in London in 1895.

Our reading is from the Manifesto of the Communist Party, a document Marx and Engels wrote as the platform of the Communist League, an international association of workers. Marx and Engels explain that communism interprets the history of society as the history of class struggles. While the classes vary with the historical epoch, they are always the result of the prevailing economic system. The two classes produced by the industrial revolution are the bourgeoisie (capitalists, who own the means of production) and the proletariat (wage-laborers employed by the bourgeoisie). Under capitalism, workers become just one more commodity, bought and sold at market prices. To earn enough money simply to survive, they must work long hours under increasingly inhumane conditions.

Marx and Engels argue that capitalism, ironically, contains the seeds of its own destruction: On the one hand, its very success leads to overproduction and thus to economic ruin; on the other hand, it drives the oppressed workers to unite to overthrow the entire capitalistic system. The fall of capitalism and the victory of the proletariat are therefore inevitable. Marx and Engels explain that the goal of the Communist Party is to hasten the end of capitalism by uniting the workers of all countries and encouraging them to revolt. The revolution will abolish private property (private ownership of the means of production) and shift political power from the bourgeoisie to the proletariat. Eventually the distinction between bourgeoisie and proletariat will disappear, and with it the need for political power.

58 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

I. Bourgeois and Proletarians1

The history of all hitherto existing society is the history of class struggles. Freeman and slave, patrician and plebeian, lord and serf, guild master2

and journeyman, in a word, oppressor and oppressed, stood in constant opposition to one another, carried on an uninterrupted, now hidden, now open fight; a fight that each time ended either in a revolutionary reconsti- tution of society at large, or in the common ruin of the contending classes.

In the earlier epochs of history, we find almost everywhere a complicat- ed arrangement of society into various orders, a manifold gradation of so- cial rank. In ancient Rome, we have patricians, knights, plebeians, slaves; in the Middle Ages, feudal lords, vassals, guild masters, journeymen, appren- tices, serfs; in almost all of these classes, again, subordinate gradations.

The modern bourgeois society that has sprouted from the ruins of feu- dal society has not done away with class antagonisms. It has but established new classes, new conditions of oppression, new forms of struggle in place of the old ones.

Our epoch, the epoch of the bourgeoisie, possesses, however, this dis- tinctive feature: it has simplified the class antagonisms. Society as a whole is more and more splitting up into two great hostile camps, into two great classes directly facing each other: bourgeoisie and proletariat.

From the serfs of the Middle Ages sprang the chartered burghers of the earliest towns. From these burgesses the first elements of the bour- geoisie were developed.

The discovery of America, the rounding of the Cape, opened up fresh ground for the rising bourgeoisie. The East Indian and Chinese markets, the colonisation of America, trade with the colonies, the increase in the means of exchange and in commodities generally, gave to commerce, to navigation, to industry, an impulse never before known, and thereby, to the revolutionary element in the tottering feudal society, a rapid development.

The feudal system of industry, under which industrial production was monopolised by closed guilds, now no longer sufficed for the growing wants of the new markets. The manufacturing system took its place. The guild masters were pushed on one side by the manufacturing middle class; division of labour between the different corporate guilds vanished in the face of division of labour in each single workshop.

Meantime the markets kept ever growing, the demand ever rising. Even manufacture no longer sufficed. Thereupon, steam and machinery revolutionised industrial production. The place of manufacture was taken by the giant, modern industry; the place of the industrial middle class, by industrial millionaires, the leaders of whole industrial armies, the modern bourgeois.

Modern industry has established the world market, for which the dis- covery of America paved the way. This market has given an immense devel- opment to commerce, to navigation, to communication by land. This de- velopment has, in its turn, reacted on the extension of industry; and in

Manifesto of the Communist Party (selection): Reading 59

06_bos5511X_Ch04_p118-157.indd 123 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics124 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

proportion as industry, commerce, navigation, railways extended, in the same proportion the bourgeoisie developed, increased its capital, and pushed into the background every class handed down from the Middle Ages.

We see, therefore, how the modern bourgeoisie is itself the product of a long course of development, of a series of revolutions in the modes of production and of exchange. . . .

The bourgeoisie, historically, has played a most revolutionary part. The bourgeoisie, wherever it has got the upper hand, has put an end to

all feudal, patriarchal, idyllic relations. It has pitilessly torn asunder the motley feudal ties that bound man to his “natural superiors,” and has left remaining no other nexus between man and man than naked self-interest, than callous “cash payment.” It has drowned the most heavenly ecstasies of religious fervour, of chivalrous enthusiasm, of philistine sentimentalism, in the icy water of egotistical calculation. It has resolved personal worth into exchange value, and in place of the numberless indefeasible chartered freedoms, has set up that single, unconscionable freedom—free trade. In one word, for exploitation veiled by religious and political illusions, it has substituted naked, shameless, direct, brutal exploitation.

The bourgeoisie has stripped of its halo every occupation hitherto hon- oured and looked up to with reverent awe. It has converted the physician, the lawyer, the priest, the poet, the man of science, into its paid wage- labourers.

The bourgeoisie has torn away from the family its sentimental veil, and has reduced the family relation to a mere money relation. . . .

The bourgeoisie cannot exist without constantly revolutionising the in- struments of production, and thereby the relations of production, and with them the whole relations of society. Conservation of the old modes of pro- duction in unaltered form was, on the contrary, the first condition of exis- tence for all earlier industrial classes. Constant revolutionising of produc- tion, uninterrupted disturbance of all social conditions, everlasting uncertainty and agitation, distinguish the bourgeois epoch from all earlier ones. All fixed, fast-frozen relations, with their train of ancient and venera- ble prejudices and opinions, are swept away; all new-formed ones become antiquated before they can ossify. All that is solid melts into air, all that is holy is profaned, and man is at last compelled to face with sober senses his real conditions of life and his relations with his kind.

The need of a constantly expanding market for its products chases the bourgeoisie over the whole surface of the globe. It must nestle everywhere, settle everywhere, establish connexions everywhere.

The bourgeoisie has through its exploitation of the world market given a cosmopolitan character to production and consumption in every coun- try. To the great chagrin of reactionists, it has drawn from under the feet of industry the national ground on which it stood. All old-established national industries have been destroyed or are daily being destroyed. They are dis-

60 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

lodged by new industries, whose introduction becomes a life and death question for all civilised nations, by industries that no longer work up in- digenous raw material, but raw material drawn from the remotest zones; in- dustries whose products are consumed not only at home, but in every quar- ter of the globe. In place of the old wants, satisfied by the productions of the country, we find new wants, requiring for their satisfaction the products of distant lands and climes. In place of the old local and national seclusion and self-sufficiency, we have intercourse in every direction, universal inter- dependence of nations. And as in material, so also in intellectual produc- tion. The intellectual creations of individual nations become common property. National one-sidedness and narrow-mindedness become more and more impossible, and from the numerous national and local litera- tures there arises a world literature.

The bourgeoisie, by the rapid improvement of all instruments of pro- duction, by the immensely facilitated means of communication, draws all, even the most barbarian, nations into civilisation. The cheap prices of its commodities are the heavy artillery with which it batters down all Chinese walls, with which it forces the barbarians’ intensely obstinate hatred of for- eigners to capitulate. It compels all nations, on pain of extinction, to adopt the bourgeois mode of production; it compels them to introduce what it calls civilisation into their midst, that is, to become bourgeois themselves. In one word, it creates a world after its own image. . . .

Modern bourgeois society with its relations of production, of ex- change, and of property, a society that has conjured up such gigantic means of production and of exchange, is like the sorcerer who is no longer able to control the powers of the nether world whom he has called up by his spells. For many a decade past, the history of industry and commerce is but the history of the revolt of modern productive forces against modern conditions of production, against the property relations that are the condi- tions for the existence of the bourgeoisie and of its rule. It is enough to mention the commercial crises that by their periodical return put on its trial, each time more threateningly, the existence of the entire bourgeois society. In these crises a great part not only of the existing products, but also of the previously created productive forces, are periodically destroyed. In these crises there breaks out an epidemic that, in all earlier epochs, would have seemed an absurdity—the epidemic of overproduction. Society suddenly finds itself put back into a state of momentary barbarism; it ap- pears as if a famine, a universal war of devastation, had cut off the supply of every means of subsistence; industry and commerce seem to be destroyed. And why? Because there is too much civilisation, too much means of subsis- tence, too much industry, too much commerce. The productive forces at the disposal of society no longer tend to further the development of the conditions of bourgeois property; on the contrary, they have become too powerful for these conditions by which they are fettered, and so soon as they overcome these fetters, they bring disorder into the whole of bour-

Manifesto of the Communist Party (selection): Reading 61

06_bos5511X_Ch04_p118-157.indd 124 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

125Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

proportion as industry, commerce, navigation, railways extended, in the same proportion the bourgeoisie developed, increased its capital, and pushed into the background every class handed down from the Middle Ages.

We see, therefore, how the modern bourgeoisie is itself the product of a long course of development, of a series of revolutions in the modes of production and of exchange. . . .

The bourgeoisie, historically, has played a most revolutionary part. The bourgeoisie, wherever it has got the upper hand, has put an end to

all feudal, patriarchal, idyllic relations. It has pitilessly torn asunder the motley feudal ties that bound man to his “natural superiors,” and has left remaining no other nexus between man and man than naked self-interest, than callous “cash payment.” It has drowned the most heavenly ecstasies of religious fervour, of chivalrous enthusiasm, of philistine sentimentalism, in the icy water of egotistical calculation. It has resolved personal worth into exchange value, and in place of the numberless indefeasible chartered freedoms, has set up that single, unconscionable freedom—free trade. In one word, for exploitation veiled by religious and political illusions, it has substituted naked, shameless, direct, brutal exploitation.

The bourgeoisie has stripped of its halo every occupation hitherto hon- oured and looked up to with reverent awe. It has converted the physician, the lawyer, the priest, the poet, the man of science, into its paid wage- labourers.

The bourgeoisie has torn away from the family its sentimental veil, and has reduced the family relation to a mere money relation. . . .

The bourgeoisie cannot exist without constantly revolutionising the in- struments of production, and thereby the relations of production, and with them the whole relations of society. Conservation of the old modes of pro- duction in unaltered form was, on the contrary, the first condition of exis- tence for all earlier industrial classes. Constant revolutionising of produc- tion, uninterrupted disturbance of all social conditions, everlasting uncertainty and agitation, distinguish the bourgeois epoch from all earlier ones. All fixed, fast-frozen relations, with their train of ancient and venera- ble prejudices and opinions, are swept away; all new-formed ones become antiquated before they can ossify. All that is solid melts into air, all that is holy is profaned, and man is at last compelled to face with sober senses his real conditions of life and his relations with his kind.

The need of a constantly expanding market for its products chases the bourgeoisie over the whole surface of the globe. It must nestle everywhere, settle everywhere, establish connexions everywhere.

The bourgeoisie has through its exploitation of the world market given a cosmopolitan character to production and consumption in every coun- try. To the great chagrin of reactionists, it has drawn from under the feet of industry the national ground on which it stood. All old-established national industries have been destroyed or are daily being destroyed. They are dis-

60 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

lodged by new industries, whose introduction becomes a life and death question for all civilised nations, by industries that no longer work up in- digenous raw material, but raw material drawn from the remotest zones; in- dustries whose products are consumed not only at home, but in every quar- ter of the globe. In place of the old wants, satisfied by the productions of the country, we find new wants, requiring for their satisfaction the products of distant lands and climes. In place of the old local and national seclusion and self-sufficiency, we have intercourse in every direction, universal inter- dependence of nations. And as in material, so also in intellectual produc- tion. The intellectual creations of individual nations become common property. National one-sidedness and narrow-mindedness become more and more impossible, and from the numerous national and local litera- tures there arises a world literature.

The bourgeoisie, by the rapid improvement of all instruments of pro- duction, by the immensely facilitated means of communication, draws all, even the most barbarian, nations into civilisation. The cheap prices of its commodities are the heavy artillery with which it batters down all Chinese walls, with which it forces the barbarians’ intensely obstinate hatred of for- eigners to capitulate. It compels all nations, on pain of extinction, to adopt the bourgeois mode of production; it compels them to introduce what it calls civilisation into their midst, that is, to become bourgeois themselves. In one word, it creates a world after its own image. . . .

Modern bourgeois society with its relations of production, of ex- change, and of property, a society that has conjured up such gigantic means of production and of exchange, is like the sorcerer who is no longer able to control the powers of the nether world whom he has called up by his spells. For many a decade past, the history of industry and commerce is but the history of the revolt of modern productive forces against modern conditions of production, against the property relations that are the condi- tions for the existence of the bourgeoisie and of its rule. It is enough to mention the commercial crises that by their periodical return put on its trial, each time more threateningly, the existence of the entire bourgeois society. In these crises a great part not only of the existing products, but also of the previously created productive forces, are periodically destroyed. In these crises there breaks out an epidemic that, in all earlier epochs, would have seemed an absurdity—the epidemic of overproduction. Society suddenly finds itself put back into a state of momentary barbarism; it ap- pears as if a famine, a universal war of devastation, had cut off the supply of every means of subsistence; industry and commerce seem to be destroyed. And why? Because there is too much civilisation, too much means of subsis- tence, too much industry, too much commerce. The productive forces at the disposal of society no longer tend to further the development of the conditions of bourgeois property; on the contrary, they have become too powerful for these conditions by which they are fettered, and so soon as they overcome these fetters, they bring disorder into the whole of bour-

Manifesto of the Communist Party (selection): Reading 61Manifesto of the Communist Party (selection): Reading

06_bos5511X_Ch04_p118-157.indd 125 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics126 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

geois society, endanger the existence of bourgeois property. The condi- tions of bourgeois society are too narrow to comprise the wealth created by them. And how does the bourgeoisie get over these crises? On the one hand, by enforced destruction of a mass of productive forces; on the other, by the conquest of new markets and by the more thorough exploitation of the old ones. That is to say, by paving the way for more extensive and more destructive crises, and by diminishing the means whereby crises are pre- vented.

The weapons with which the bourgeoisie felled feudalism to the ground are now turned against the bourgeoisie itself.

But not only has the bourgeoisie forged the weapons that bring death to itself; it has also called into existence the men who are to wield those weapons—the modern working class, the proletarians.

In proportion as the bourgeoisie, that is, capital, is developed, in the same proportion is the proletariat, the modern working class, developed— a class of labourers who live only so long as they find work and who find work only so long as their labour increases capital. These labourers, who must sell themselves piecemeal, are a commodity like every other article of commerce, and are consequently exposed to all the vicissitudes of competi- tion, to all the fluctuations of the market.

Owing to the extensive use of machinery and to division of labour, the work of the proletarians has lost all individual character and, consequently, all charm for the workman. He becomes an appendage of the machine, and it is only the most simple, most monotonous, and most easily acquired knack that is required of him. Hence, the cost of production of a workman is restricted, almost entirely, to the means of subsistence that he requires for his maintenance and for the propagation of his race. But the price of a commodity, and therefore also of labour, is equal to its cost of production. In proportion, therefore, as the repulsiveness of the work increases, the wage decreases. Nay more, in proportion as the use of machinery and divi- sion of labour increases, in the same proportion the burden of toil also in- creases, whether by prolongation of the working hours, by increase of the work exacted in a given time, or by increased speed of the machinery, etc.

Modern industry has converted the little workshop of the patriarchal master into the great factory of the industrial capitalist. Masses of labour- ers, crowded into the factory, are organised like soldiers. As privates of the industrial army they are placed under the command of a perfect hierarchy of officers and sergeants. Not only are they slaves of the bourgeois class and of the bourgeois state; they are daily and hourly enslaved by the ma- chine, by the overlooker, and, above all, by the individual bourgeois manu- facturer himself. The more openly this despotism proclaims gain to be its end and aim, the more petty, the more hateful, and the more embittering it is.

The less the skill and exertion of strength implied in manual labour, in other words, the more modern industry becomes developed, the more is

62 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

the labour of men superseded by that of women. Differences of age and sex have no longer any distinctive social validity for the working class. All are instruments of labour, more or less expensive to use, according to their age and sex.

No sooner is the exploitation of the labourer by the manufacturer, so far, at an end, and he receives his wages in cash, than he is set upon by the other portions of the bourgeoisie, the landlord, the shopkeeper, the pawn- broker, etc.

The lower strata of the middle class—the small tradespeople, shop- keepers, and retired tradesmen generally, the handicraftsmen and peas- ants—all these sink gradually into the proletariat, partly because their diminutive capital does not suffice for the scale on which modern industry is carried on, and is swamped in the competition with the large capitalists, partly because their specialised skill is rendered worthless by new methods of production. Thus the proletariat is recruited from all classes of the pop- ulation.

The proletariat goes through various stages of development. With its birth begins its struggle with the bourgeoisie. At first the contest is carried on by individual labourers, then by the workpeople of a factory, then by the operatives of one trade, in one locality, against the individual bourgeois who directly exploits them. They direct their attacks not against the bour- geois conditions of production, but against the instruments of production themselves; they destroy imported wares that compete with their labour, they smash to pieces machinery, they set factories ablaze, they seek to re- store by force the vanished status of the workman of the Middle Ages.

At this stage the labourers still form an incoherent mass scattered over the whole country and broken up by their mutual competition. If any- where they unite to form more compact bodies, this is not yet the conse- quence of their own active union, but of the union of the bourgeoisie, which class, in order to attain its own political ends, is compelled to set the whole proletariat in motion, and is moreover yet, for a time, able to do so. At this stage, therefore, the proletarians do not fight their enemies, but the enemies of their enemies, the remnants of absolute monarchy, the landowners, the nonindustrial bourgeois, the petty bourgeoisie. Thus the whole historical movement is concentrated in the hands of the bour- geoisie; every victory so obtained is a victory for the bourgeoisie.

But with the development of industry the proletariat not only increases in number; it becomes concentrated in greater masses, its strength grows, and it feels that strength more. The various interests and conditions of life within the ranks of the proletariat are more and more equalised, in propor- tion as machinery obliterates all distinctions of labour, and nearly every- where reduces wages to the same low level. The growing competition among the bourgeois, and the resulting commercial crises, make the wages of the workers ever more fluctuating. The unceasing improvement of ma- chinery, ever more rapidly developing, makes their livelihood more and

Manifesto of the Communist Party (selection): Reading 63

06_bos5511X_Ch04_p118-157.indd 126 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

127Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

geois society, endanger the existence of bourgeois property. The condi- tions of bourgeois society are too narrow to comprise the wealth created by them. And how does the bourgeoisie get over these crises? On the one hand, by enforced destruction of a mass of productive forces; on the other, by the conquest of new markets and by the more thorough exploitation of the old ones. That is to say, by paving the way for more extensive and more destructive crises, and by diminishing the means whereby crises are pre- vented.

The weapons with which the bourgeoisie felled feudalism to the ground are now turned against the bourgeoisie itself.

But not only has the bourgeoisie forged the weapons that bring death to itself; it has also called into existence the men who are to wield those weapons—the modern working class, the proletarians.

In proportion as the bourgeoisie, that is, capital, is developed, in the same proportion is the proletariat, the modern working class, developed— a class of labourers who live only so long as they find work and who find work only so long as their labour increases capital. These labourers, who must sell themselves piecemeal, are a commodity like every other article of commerce, and are consequently exposed to all the vicissitudes of competi- tion, to all the fluctuations of the market.

Owing to the extensive use of machinery and to division of labour, the work of the proletarians has lost all individual character and, consequently, all charm for the workman. He becomes an appendage of the machine, and it is only the most simple, most monotonous, and most easily acquired knack that is required of him. Hence, the cost of production of a workman is restricted, almost entirely, to the means of subsistence that he requires for his maintenance and for the propagation of his race. But the price of a commodity, and therefore also of labour, is equal to its cost of production. In proportion, therefore, as the repulsiveness of the work increases, the wage decreases. Nay more, in proportion as the use of machinery and divi- sion of labour increases, in the same proportion the burden of toil also in- creases, whether by prolongation of the working hours, by increase of the work exacted in a given time, or by increased speed of the machinery, etc.

Modern industry has converted the little workshop of the patriarchal master into the great factory of the industrial capitalist. Masses of labour- ers, crowded into the factory, are organised like soldiers. As privates of the industrial army they are placed under the command of a perfect hierarchy of officers and sergeants. Not only are they slaves of the bourgeois class and of the bourgeois state; they are daily and hourly enslaved by the ma- chine, by the overlooker, and, above all, by the individual bourgeois manu- facturer himself. The more openly this despotism proclaims gain to be its end and aim, the more petty, the more hateful, and the more embittering it is.

The less the skill and exertion of strength implied in manual labour, in other words, the more modern industry becomes developed, the more is

62 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

the labour of men superseded by that of women. Differences of age and sex have no longer any distinctive social validity for the working class. All are instruments of labour, more or less expensive to use, according to their age and sex.

No sooner is the exploitation of the labourer by the manufacturer, so far, at an end, and he receives his wages in cash, than he is set upon by the other portions of the bourgeoisie, the landlord, the shopkeeper, the pawn- broker, etc.

The lower strata of the middle class—the small tradespeople, shop- keepers, and retired tradesmen generally, the handicraftsmen and peas- ants—all these sink gradually into the proletariat, partly because their diminutive capital does not suffice for the scale on which modern industry is carried on, and is swamped in the competition with the large capitalists, partly because their specialised skill is rendered worthless by new methods of production. Thus the proletariat is recruited from all classes of the pop- ulation.

The proletariat goes through various stages of development. With its birth begins its struggle with the bourgeoisie. At first the contest is carried on by individual labourers, then by the workpeople of a factory, then by the operatives of one trade, in one locality, against the individual bourgeois who directly exploits them. They direct their attacks not against the bour- geois conditions of production, but against the instruments of production themselves; they destroy imported wares that compete with their labour, they smash to pieces machinery, they set factories ablaze, they seek to re- store by force the vanished status of the workman of the Middle Ages.

At this stage the labourers still form an incoherent mass scattered over the whole country and broken up by their mutual competition. If any- where they unite to form more compact bodies, this is not yet the conse- quence of their own active union, but of the union of the bourgeoisie, which class, in order to attain its own political ends, is compelled to set the whole proletariat in motion, and is moreover yet, for a time, able to do so. At this stage, therefore, the proletarians do not fight their enemies, but the enemies of their enemies, the remnants of absolute monarchy, the landowners, the nonindustrial bourgeois, the petty bourgeoisie. Thus the whole historical movement is concentrated in the hands of the bour- geoisie; every victory so obtained is a victory for the bourgeoisie.

But with the development of industry the proletariat not only increases in number; it becomes concentrated in greater masses, its strength grows, and it feels that strength more. The various interests and conditions of life within the ranks of the proletariat are more and more equalised, in propor- tion as machinery obliterates all distinctions of labour, and nearly every- where reduces wages to the same low level. The growing competition among the bourgeois, and the resulting commercial crises, make the wages of the workers ever more fluctuating. The unceasing improvement of ma- chinery, ever more rapidly developing, makes their livelihood more and

Manifesto of the Communist Party (selection): Reading 63Manifesto of the Communist Party (selection): Reading

06_bos5511X_Ch04_p118-157.indd 127 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics128 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

more precarious; the collisions between individual workmen and individ- ual bourgeois take more and more the character of collisions between two classes. Thereupon the workers begin to form combinations (trades’ unions) against the bourgeois; they club together in order to keep up the rate of wages; they found permanent associationsin order to make provi- sion beforehand for these occasional revolts. Here and there the contest breaks out into riots.

Now and then the workers are victorious, but only for a time. The real fruit of their battles lies not in the immediate result, but in the ever-ex- panding union of the workers. This union is helped on by the improved means of communication that are created by modern industry and that place the workers of different localities in contact with one another. It was just this contact that was needed to centralise the numerous local struggles, all of the same character, into one national struggle between classes. But every class struggle is a political struggle. And that union, to attain which the burghers of the Middle Ages, with their miserable highways, required centuries, the modern proletarians, thanks to railways, achieve in a few years.

This organisation of the proletarians into a class, and consequently into a political party, is continually being upset again by the competition between the workers themselves. But it ever rises up again, stronger, firmer, mightier. It compels legislative recognition of particular interests of the workers, by taking advantage of the divisions among the bourgeoisie itself. Thus the ten hours’ bill in England was carried.3

Altogether collisions between the classes of the old society further, in many ways, the course of development of the proletariat. The bourgeoisie finds itself involved in a constant battle. At first with the aristocracy; later on, with those portions of the bourgeoisie itself, whose interests have be- come antagonistic to the progress of industry; at all times, with the bour- geoisie of foreign countries. In all these battles it sees itself compelled to appeal to the proletariat, to ask for its help, and thus to drag it into the po- litical arena. The bourgeoisie itself, therefore, supplies the proletariat with its own elements of political and general education. In other words, it fur- nishes the proletariat with weapons for fighting the bourgeoisie.

Further, as we have already seen, entire sections of the ruling classes are, by the advance of industry, precipitated into the proletariat, or are at least threatened in their conditions of existence. These also supply the pro- letariat with fresh elements of enlightenment and progress.

Finally, in times when the class struggle nears the decisive hour, the process of dissolution going on within the ruling class—in fact within the whole range of old society—assumes such a violent, glaring character, that a small section of the ruling class cuts itself adrift and joins the revolution- ary class, the class that holds the future in its hands. Just as, therefore, at an earlier period, a section of the nobility went over to the bourgeoisie, so now a portion of the bourgeoisie goes over to the proletariat, and in partic-

64 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

ular, a portion of the bourgeois ideologists, who have raised themselves to the level of comprehending theoretically the historical movement as a whole.

Of all the classes that stand face to face with the bourgeoisie today, the proletariat alone is a really revolutionary class. The other classes decay and finally disappear in the face of modern industry; the proletariat is its spe- cial and essential product. . . .

All the preceding classes that got the upper hand sought to fortify their already acquired status by subjecting society at large to their conditions of appropriation. The proletarians cannot become masters of the productive forces of society, except by abolishing their own previous mode of appro- priation, and thereby also every other previous mode of appropriation. They have nothing of their own to secure and to fortify; their mission is to destroy all previous securities for, and insurances of, individual property.

All previous historical movements were movements of minorities, or in the interest of minorities. The proletarian movement is the self-conscious, independent movement of the immense majority, in the interest of the im- mense majority. The proletariat, the lowest stratum of our present society, cannot stir, cannot raise itself up, without the whole superincumbent strata of official society being sprung into the air.

Though not in substance, yet in form, the struggle of the proletariat with the bourgeoisie is at first a national struggle. The proletariat of each country must, of course, first of all settle matters with its own bourgeoisie.

In depicting the most general phases of the development of the prole- tariat, we traced the more or less veiled civil war, raging within existing soci- ety, up to the point where that war breaks out into open revolution, and where the violent overthrow of the bourgeoisie lays the foundation for the sway of the proletariat.

Hitherto, every form of society has been based, as we have already seen, on the antagonism of oppressing and oppressed classes. But in order to oppress a class, certain conditions must be assured to it under which it can at least continue its slavish existence. The serf, in the period of serf- dom, raised himself to membership in the commune, just as the petty bourgeois, under the yoke of feudal absolutism, managed to develop into a bourgeois. The modern labourer, on the contrary, instead of rising with the progress of industry, sinks deeper and deeper below the conditions of existence of his own class. He becomes a pauper, and pauperism develops more rapidly than population and wealth. And here it becomes evident that the bourgeoisie is unfit any longer to be the ruling class in society and to impose its conditions of existence upon society as an overriding law. It is unfit to rule because it is incompetent to assure an existence to its slave within his slavery, because it cannot help letting him sink into such a state that it has to feed him, instead of being fed by him. Society can no longer live under this bourgeoisie. In other words, its existence is no longer com- patible with society.

Manifesto of the Communist Party (selection): Reading 65

06_bos5511X_Ch04_p118-157.indd 128 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

129Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

more precarious; the collisions between individual workmen and individ- ual bourgeois take more and more the character of collisions between two classes. Thereupon the workers begin to form combinations (trades’ unions) against the bourgeois; they club together in order to keep up the rate of wages; they found permanent associationsin order to make provi- sion beforehand for these occasional revolts. Here and there the contest breaks out into riots.

Now and then the workers are victorious, but only for a time. The real fruit of their battles lies not in the immediate result, but in the ever-ex- panding union of the workers. This union is helped on by the improved means of communication that are created by modern industry and that place the workers of different localities in contact with one another. It was just this contact that was needed to centralise the numerous local struggles, all of the same character, into one national struggle between classes. But every class struggle is a political struggle. And that union, to attain which the burghers of the Middle Ages, with their miserable highways, required centuries, the modern proletarians, thanks to railways, achieve in a few years.

This organisation of the proletarians into a class, and consequently into a political party, is continually being upset again by the competition between the workers themselves. But it ever rises up again, stronger, firmer, mightier. It compels legislative recognition of particular interests of the workers, by taking advantage of the divisions among the bourgeoisie itself. Thus the ten hours’ bill in England was carried.3

Altogether collisions between the classes of the old society further, in many ways, the course of development of the proletariat. The bourgeoisie finds itself involved in a constant battle. At first with the aristocracy; later on, with those portions of the bourgeoisie itself, whose interests have be- come antagonistic to the progress of industry; at all times, with the bour- geoisie of foreign countries. In all these battles it sees itself compelled to appeal to the proletariat, to ask for its help, and thus to drag it into the po- litical arena. The bourgeoisie itself, therefore, supplies the proletariat with its own elements of political and general education. In other words, it fur- nishes the proletariat with weapons for fighting the bourgeoisie.

Further, as we have already seen, entire sections of the ruling classes are, by the advance of industry, precipitated into the proletariat, or are at least threatened in their conditions of existence. These also supply the pro- letariat with fresh elements of enlightenment and progress.

Finally, in times when the class struggle nears the decisive hour, the process of dissolution going on within the ruling class—in fact within the whole range of old society—assumes such a violent, glaring character, that a small section of the ruling class cuts itself adrift and joins the revolution- ary class, the class that holds the future in its hands. Just as, therefore, at an earlier period, a section of the nobility went over to the bourgeoisie, so now a portion of the bourgeoisie goes over to the proletariat, and in partic-

64 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

ular, a portion of the bourgeois ideologists, who have raised themselves to the level of comprehending theoretically the historical movement as a whole.

Of all the classes that stand face to face with the bourgeoisie today, the proletariat alone is a really revolutionary class. The other classes decay and finally disappear in the face of modern industry; the proletariat is its spe- cial and essential product. . . .

All the preceding classes that got the upper hand sought to fortify their already acquired status by subjecting society at large to their conditions of appropriation. The proletarians cannot become masters of the productive forces of society, except by abolishing their own previous mode of appro- priation, and thereby also every other previous mode of appropriation. They have nothing of their own to secure and to fortify; their mission is to destroy all previous securities for, and insurances of, individual property.

All previous historical movements were movements of minorities, or in the interest of minorities. The proletarian movement is the self-conscious, independent movement of the immense majority, in the interest of the im- mense majority. The proletariat, the lowest stratum of our present society, cannot stir, cannot raise itself up, without the whole superincumbent strata of official society being sprung into the air.

Though not in substance, yet in form, the struggle of the proletariat with the bourgeoisie is at first a national struggle. The proletariat of each country must, of course, first of all settle matters with its own bourgeoisie.

In depicting the most general phases of the development of the prole- tariat, we traced the more or less veiled civil war, raging within existing soci- ety, up to the point where that war breaks out into open revolution, and where the violent overthrow of the bourgeoisie lays the foundation for the sway of the proletariat.

Hitherto, every form of society has been based, as we have already seen, on the antagonism of oppressing and oppressed classes. But in order to oppress a class, certain conditions must be assured to it under which it can at least continue its slavish existence. The serf, in the period of serf- dom, raised himself to membership in the commune, just as the petty bourgeois, under the yoke of feudal absolutism, managed to develop into a bourgeois. The modern labourer, on the contrary, instead of rising with the progress of industry, sinks deeper and deeper below the conditions of existence of his own class. He becomes a pauper, and pauperism develops more rapidly than population and wealth. And here it becomes evident that the bourgeoisie is unfit any longer to be the ruling class in society and to impose its conditions of existence upon society as an overriding law. It is unfit to rule because it is incompetent to assure an existence to its slave within his slavery, because it cannot help letting him sink into such a state that it has to feed him, instead of being fed by him. Society can no longer live under this bourgeoisie. In other words, its existence is no longer com- patible with society.

Manifesto of the Communist Party (selection): Reading 65Manifesto of the Communist Party (selection): Reading

06_bos5511X_Ch04_p118-157.indd 129 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics130 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

The essential condition for the existence and for the sway of the bour- geois class is the formation and augmentation of capital; the condition for capital is wage-labour. Wage-labour rests exclusively on competition be- tween the labourers. The advance of industry, whose involuntary promoter is the bourgeoisie, replaces the isolation of the labourers, due to competi- tion, by their revolutionary combination, due to association. The develop- ment of modern industry, therefore, cuts from under its feet the very foun- dation on which the bourgeoisie produces and appropriates products. What the bourgeoisie, therefore, produces above all is its own grave-dig- gers. Its fall and the victory of the proletariat are equally inevitable.

II. Proletarians and Communists

In what relation do the Communists stand to the proletarians as a whole? The Communists do not form a separate party opposed to other work-

ing-class parties. They have no interests separate and apart from those of the proletariat

as a whole. They do not set up any sectarian principles of their own, by which to

shape and mould the proletarian movement. The Communists are distinguished from the other working-class par-

ties by this only: (1) In the national struggles of the proletarians of the dif- ferent countries, they point out and bring to the front the common inter- ests of the entire proletariat, independently of all nationality. (2) In the various stages of development which the struggle of the working class against the bourgeoisie has to pass through, they always and everywhere represent the interests of the movement as a whole.

The Communists, therefore, are on the one hand, practically, the most advanced and resolute section of the working-class parties of every country, that section which pushes forward all others; on the other hand, theoreti- cally, they have over the great mass of the proletariat the advantage of clearly understanding the line of march, the conditions, and the ultimate general results of the proletarian movement.

The immediate aim of the Communists is the same as that of all the other proletarian parties: formation of the proletariat into a class, over- throw of the bourgeois supremacy, conquest of political power by the pro- letariat.

The theoretical conclusions of the Communists are in no way based on ideas or principles that have been invented, or discovered by this or that would-be universal reformer.

They merely express, in general terms, actual relations springing from an existing class struggle, from a historical movement going on under our very eyes. The abolition of existing property relations is not at all a distinc- tive feature of Communism.

All property relations in the past have continually been subject to his- torical change consequent upon the change in historical conditions.

66 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

The French Revolution, for example, abolished feudal property in favour of bourgeois property.

The distinguishing feature of Communism is not the abolition of prop- erty generally, but the abolition of bourgeois property. But modern bour- geois private property4 is the final and most complete expression of the sys- tem of producing and appropriating products that is based on class antagonisms, on the exploitation of the many by the few.

In this sense, the theory of the Communists may be summed up in the single sentence: Abolition of private property. . . .

The first step in the revolution by the working class is to raise the prole- tariat to the position of ruling class, to win the battle of democracy.

The proletariat will use its political supremacy to wrest, by degrees, all capital from the bourgeoisie, to centralize all instruments of production in the hands of the state, that is, of the proletariat organised as the ruling class; and to increase the total of productive forces as rapidly as possible.

Of course, in the beginning this cannot be effected except by means of despotic inroads on the rights of property, and on the conditions of bour- geois production; by means of measures, therefore, which appear economi- cally insufficient and untenable, but which, in the course of the movement, outstrip themselves, necessitate further inroads upon the old social order, and are unavoidable as a means of entirely revolutionising the mode of production.

These measures will, of course, be different in different countries. Nevertheless, in the most advanced countries the following will be pret-

ty generally applicable: 1. Abolition of property in land and application of all rents of land to

public purposes. 2. A heavy progressive or graduated income tax. 3. Abolition of all right of inheritance. 4. Confiscation of the property of all emigrants and rebels. 5. Centralisation of credit in the hands of the state, by means of a na-

tional bank with state capital and an exclusive monopoly. 6. Centralisation of the means of communication and transport in the

hands of the state. 7. Extension of factories and instruments of production owned by the

state; the bringing into cultivation of wastelands, and the improvement of the soil generally in accordance with a common plan.

8. Equal liability of all to labour. Establishment of industrial armies, es- pecially for agriculture.

9. Combination of agriculture with manufacturing industries; gradual abolition of the distinction between town and country, by a more equable distribution of the population over the country.

10. Free education for all children in public schools. Abolition of chil- dren’s factory labour in its present form. Combination of education with industrial production, etc., etc.

Manifesto of the Communist Party (selection): Reading 67

06_bos5511X_Ch04_p118-157.indd 130 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

131Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

The essential condition for the existence and for the sway of the bour- geois class is the formation and augmentation of capital; the condition for capital is wage-labour. Wage-labour rests exclusively on competition be- tween the labourers. The advance of industry, whose involuntary promoter is the bourgeoisie, replaces the isolation of the labourers, due to competi- tion, by their revolutionary combination, due to association. The develop- ment of modern industry, therefore, cuts from under its feet the very foun- dation on which the bourgeoisie produces and appropriates products. What the bourgeoisie, therefore, produces above all is its own grave-dig- gers. Its fall and the victory of the proletariat are equally inevitable.

II. Proletarians and Communists

In what relation do the Communists stand to the proletarians as a whole? The Communists do not form a separate party opposed to other work-

ing-class parties. They have no interests separate and apart from those of the proletariat

as a whole. They do not set up any sectarian principles of their own, by which to

shape and mould the proletarian movement. The Communists are distinguished from the other working-class par-

ties by this only: (1) In the national struggles of the proletarians of the dif- ferent countries, they point out and bring to the front the common inter- ests of the entire proletariat, independently of all nationality. (2) In the various stages of development which the struggle of the working class against the bourgeoisie has to pass through, they always and everywhere represent the interests of the movement as a whole.

The Communists, therefore, are on the one hand, practically, the most advanced and resolute section of the working-class parties of every country, that section which pushes forward all others; on the other hand, theoreti- cally, they have over the great mass of the proletariat the advantage of clearly understanding the line of march, the conditions, and the ultimate general results of the proletarian movement.

The immediate aim of the Communists is the same as that of all the other proletarian parties: formation of the proletariat into a class, over- throw of the bourgeois supremacy, conquest of political power by the pro- letariat.

The theoretical conclusions of the Communists are in no way based on ideas or principles that have been invented, or discovered by this or that would-be universal reformer.

They merely express, in general terms, actual relations springing from an existing class struggle, from a historical movement going on under our very eyes. The abolition of existing property relations is not at all a distinc- tive feature of Communism.

All property relations in the past have continually been subject to his- torical change consequent upon the change in historical conditions.

66 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

The French Revolution, for example, abolished feudal property in favour of bourgeois property.

The distinguishing feature of Communism is not the abolition of prop- erty generally, but the abolition of bourgeois property. But modern bour- geois private property4 is the final and most complete expression of the sys- tem of producing and appropriating products that is based on class antagonisms, on the exploitation of the many by the few.

In this sense, the theory of the Communists may be summed up in the single sentence: Abolition of private property. . . .

The first step in the revolution by the working class is to raise the prole- tariat to the position of ruling class, to win the battle of democracy.

The proletariat will use its political supremacy to wrest, by degrees, all capital from the bourgeoisie, to centralize all instruments of production in the hands of the state, that is, of the proletariat organised as the ruling class; and to increase the total of productive forces as rapidly as possible.

Of course, in the beginning this cannot be effected except by means of despotic inroads on the rights of property, and on the conditions of bour- geois production; by means of measures, therefore, which appear economi- cally insufficient and untenable, but which, in the course of the movement, outstrip themselves, necessitate further inroads upon the old social order, and are unavoidable as a means of entirely revolutionising the mode of production.

These measures will, of course, be different in different countries. Nevertheless, in the most advanced countries the following will be pret-

ty generally applicable: 1. Abolition of property in land and application of all rents of land to

public purposes. 2. A heavy progressive or graduated income tax. 3. Abolition of all right of inheritance. 4. Confiscation of the property of all emigrants and rebels. 5. Centralisation of credit in the hands of the state, by means of a na-

tional bank with state capital and an exclusive monopoly. 6. Centralisation of the means of communication and transport in the

hands of the state. 7. Extension of factories and instruments of production owned by the

state; the bringing into cultivation of wastelands, and the improvement of the soil generally in accordance with a common plan.

8. Equal liability of all to labour. Establishment of industrial armies, es- pecially for agriculture.

9. Combination of agriculture with manufacturing industries; gradual abolition of the distinction between town and country, by a more equable distribution of the population over the country.

10. Free education for all children in public schools. Abolition of chil- dren’s factory labour in its present form. Combination of education with industrial production, etc., etc.

Manifesto of the Communist Party (selection): Reading 67Manifesto of the Communist Party (selection): Reading

06_bos5511X_Ch04_p118-157.indd 131 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics132 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

When, in the course of development, class distinctions have disap- peared and all production has been concentrated in the hands of a vast as- sociation of the whole nation, the public power will lose its political charac- ter. Political power, properly so called, is merely the organised power of one class for oppressing another. If the proletariat during its contest with the bourgeoisie is compelled, by the force of circumstances, to organise it- self as a class; if, by means of a revolution, it makes itself the ruling class, and, as such, sweeps away by force the old conditions of production; then it will, along with these conditions, have swept away the conditions for the ex- istence of class antagonisms and of classes generally, and will thereby have abolished its own supremacy as a class.

In place of the old bourgeois society, with its classes and class antago- nisms, we shall have an association in which the free development of each is the condition for the free development of all.

IV. Position of the Communists in Relation to the Various Existing

Opposition Parties

. . . The Communists everywhere support every revolutionary movement against the existing social and political order of things.

In all these movements they bring to the front, as the leading question in each, the property question, no matter what its degree of development at the time.

Finally, they labour everywhere for the union and agreement of the de- mocratic parties of all countries.

The Communists disdain to conceal their views and aims. They openly declare that their ends can be attained only by the forcible overthrow of all existing social conditions. Let the ruling classes tremble at a Communistic revolution. The proletarians have nothing to lose but their chains. They have a world to win.

WORKING MEN OF ALL COUNTRIES, UNITE!

NOTES

1. By bourgeoisie [the class of bourgeois people] is meant the class of modern capitalists, owners of the means of social production and em- ployers of wage labour; by proletariat, the class of modern wage-labour- ers who, having no means of production of their own, are reduced to selling their labour power in order to live. [F.E.]

2. guild master: a full member of a guild—not a master within, not a head of a guild [F.E.]

3. The Ten Hours Act, passed in 1847, limited the labor in industry of women and children to ten hours a day. [D.C.A., ed.]

4. private property: private ownership of the means of production [D.C.A.]

68 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

Manifesto of the Communist Party Karl Marx and Friedrich Engels

Reading Questions

According to Marx and Engels:

1. How does the class struggle in the epoch of the bourgeoisie differ from the class struggles of previous epochs?

2. What is the “epidemic” that periodically threatens the existence of bourgeois society? How does the bourgeoisie overcome these crises?

3. What kind of action by the proletariat will lay the foundation for its taking over the productive forces of society?

4. What phrase sums up the theory of the Communists?

5. Why will the victory of the proletariat lead to the abolition of its own supremacy as a class?

Discussion Questions

In your own view:

1. Is the history of society fundamentally a history of class struggles?

2. Is the basis of human relations in a capitalist society “naked self-interest”?

3. Is Marx and Engels’s analysis of the bourgeoisie-proletariat struggle applicable to capitalist systems in which workers are also stockholders in companies?

4. Which (if any) of the ten measures listed by Marx and Engels for making inroads on property are compatible with capitalism?

5. Is a classless society possible?

Manifesto of the Communist Party (selection): Reading 69

06_bos5511X_Ch04_p118-157.indd 132 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

133Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

When, in the course of development, class distinctions have disap- peared and all production has been concentrated in the hands of a vast as- sociation of the whole nation, the public power will lose its political charac- ter. Political power, properly so called, is merely the organised power of one class for oppressing another. If the proletariat during its contest with the bourgeoisie is compelled, by the force of circumstances, to organise it- self as a class; if, by means of a revolution, it makes itself the ruling class, and, as such, sweeps away by force the old conditions of production; then it will, along with these conditions, have swept away the conditions for the ex- istence of class antagonisms and of classes generally, and will thereby have abolished its own supremacy as a class.

In place of the old bourgeois society, with its classes and class antago- nisms, we shall have an association in which the free development of each is the condition for the free development of all.

IV. Position of the Communists in Relation to the Various Existing

Opposition Parties

. . . The Communists everywhere support every revolutionary movement against the existing social and political order of things.

In all these movements they bring to the front, as the leading question in each, the property question, no matter what its degree of development at the time.

Finally, they labour everywhere for the union and agreement of the de- mocratic parties of all countries.

The Communists disdain to conceal their views and aims. They openly declare that their ends can be attained only by the forcible overthrow of all existing social conditions. Let the ruling classes tremble at a Communistic revolution. The proletarians have nothing to lose but their chains. They have a world to win.

WORKING MEN OF ALL COUNTRIES, UNITE!

NOTES

1. By bourgeoisie [the class of bourgeois people] is meant the class of modern capitalists, owners of the means of social production and em- ployers of wage labour; by proletariat, the class of modern wage-labour- ers who, having no means of production of their own, are reduced to selling their labour power in order to live. [F.E.]

2. guild master: a full member of a guild—not a master within, not a head of a guild [F.E.]

3. The Ten Hours Act, passed in 1847, limited the labor in industry of women and children to ten hours a day. [D.C.A., ed.]

4. private property: private ownership of the means of production [D.C.A.]

68 An Examined Life Critical Thinking and Ethics Abel: Discourses Political and Social Philosophy

Karl Marx & Friedrich Engels, ‘‘Manifesto of the Communist Party’’ (selection)

© The McGraw−Hill Companies, 2006

Manifesto of the Communist Party Karl Marx and Friedrich Engels

Reading Questions

According to Marx and Engels:

1. How does the class struggle in the epoch of the bourgeoisie differ from the class struggles of previous epochs?

2. What is the “epidemic” that periodically threatens the existence of bourgeois society? How does the bourgeoisie overcome these crises?

3. What kind of action by the proletariat will lay the foundation for its taking over the productive forces of society?

4. What phrase sums up the theory of the Communists?

5. Why will the victory of the proletariat lead to the abolition of its own supremacy as a class?

Discussion Questions

In your own view:

1. Is the history of society fundamentally a history of class struggles?

2. Is the basis of human relations in a capitalist society “naked self-interest”?

3. Is Marx and Engels’s analysis of the bourgeoisie-proletariat struggle applicable to capitalist systems in which workers are also stockholders in companies?

4. Which (if any) of the ten measures listed by Marx and Engels for making inroads on property are compatible with capitalism?

5. Is a classless society possible?

Manifesto of the Communist Party (selection): Reading 69Manifesto of the Communist Party (selection): Reading

06_bos5511X_Ch04_p118-157.indd 133 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics134 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

© The McGraw−Hill Companies, 2008

Existentialism Is a Humanism

Jean-Paul Sartre

I would like on this occasion to defend existentialism against some charges that have been brought against it.

First, it has been charged with inviting people to remain in a kind of des- perate quietism because, since no solutions are possible, we would have to consider action in this world as quite impossible. We would then end up in a philosophy of contemplation; and since contemplation is a luxury, we come in the end to a bourgeois philosophy. The communists in particular have made these charges.

On the other hand, we have been charged with dwelling on human degradation, with pointing up everywhere the sordid, shady, and slimy, and neglecting the gracious and beautiful, the bright side of human nature—for example, according to Mademoiselle Mercier, a Catholic critic, with forget- ting the smile of the child. Both sides charge us with having ignored human solidarity, with considering man as an isolated being. The communists say that the main reason for this is that we take pure subjectivity, the Cartesian “I think” [cogito] as our starting point; in other words, the moment in which man becomes fully aware of what it means to him to be an isolated being; as a result, we are unable to return to a state of solidarity with the men who are not ourselves, a state that we can never reach in the cogito.

From the Christian standpoint, we are charged with denying the reality and seriousness of human undertakings, since, if we reject God’s com- mandments and the eternal verities, there no longer remains anything but pure caprice, with everyone permitted to do as he pleases and incapable, from his own point of view, of condemning the points of view and acts of others.

I shall try today to answer these different charges. Many people are going to be surprised at what is said here about humanism. We shall try to see in what sense it is to be understood. In any case, what can be said from the very beginning is that by existentialism we mean a doctrine that makes human life possible and, in addition, declares that every truth and every action implies a human setting and a human subjectivity.

As is generally known, the basic charge against us is that we put the emphasis on the dark side of human life. Someone recently told me of a lady who, when she let slip a vulgar word in a moment of irritation, excused her- self by saying, “I guess I’m becoming an existentialist”! Consequently, exis- tentialism is regarded as something ugly; that is why we are said to be naturalists; and if we are, it is rather surprising that in this day and age we cause so much more alarm and scandal than does naturalism, properly so called. The kind of person who can take in his stride such a novel as Zola’s

Jean-Paul Sartre, Existentialism, trans. Bernard Frechtman. New York: Philosophical Library, 1947.

70 An Examined Life Critical Thinking and Ethics Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

© The McGraw−Hill Companies, 2008

The Earth is disgusted as soon as he starts reading an existentialist novel; the kind of person who is resigned to the wisdom of the ages—which is pretty sad—finds us even sadder. Yet, what can be more disillusioning than saying “True charity begins at home” or “A scoundrel will always return evil for good”?

We know the commonplace remarks made when this subject comes up, remarks that always add up to the same thing: We shouldn’t struggle against the powers-that-be; we shouldn’t resist authority; we shouldn’t try to rise above our station; any action that doesn’t conform to authority is romantic; any effort not based on past experience is doomed to failure; experience shows that man’s bent is always toward trouble, that there must be a strong hand to hold him in check—if not, there will be anarchy. There are still peo- ple who go on mumbling these melancholy old maxims, the people who say “It’s only human!” whenever a more or less repugnant act is pointed out to them, the people who glut themselves on chansons realists [realistic songs]; these are the people who accuse existentialism of being too gloomy, and to such an extent that I wonder whether they are complaining about it, not for its pessimism, but much rather its optimism. Can it be that what really scares them in the doctrine I shall try to present here is that it leaves to man a pos- sibility of choice? To answer this question, we must reexamine it on a strictly philosophical plane. What is meant by the term existentialism?

Most people who use the word would be rather embarrassed if they had to explain it, since, now that the word is all the rage, even the work of a musi- cian or painter is being called existentialist. A gossip columnist in Clartés signs his name “The Existentialist,” so that by this time the word has been so stretched and has taken on so broad a meaning, that it no longer means any- thing at all. It seems that for lack of an avante-garde doctrine analogous to surrealism, the kind of people who are eager for scandal and flurry turn to this philosophy, which in other respects does not at all serve their purposes in this sphere.

Actually, it is the least scandalous, the most austere of doctrines. It is intended strictly for specialists and philosophers. Yet it can be defined eas- ily. What complicates matters is that there are two kinds of existentialists: first, those who are Christian, among whom I would include Jaspers and Gabriel Marcel, both Catholic; and on the other hand the atheistic existen- tialists, among whom I class Heidegger, and then the French existentialists and myself. What they have in common is that they think that existence pre- cedes essence, or, if you prefer, that subjectivity must be the starting point.

Just what does that mean? Let us consider some object that is manufac- tured, for example, a book or a paper cutter. Here is an object that has been made by an artisan whose inspiration came from a concept. He referred to the concept of what a paper cutter is and likewise to a known method of pro- duction, which is part of the concept—something that is, by and large, a routine. Thus the paper cutter is at once an object produced in a certain way and, on the other hand, one having a specific use; and one cannot postulate

Existentialism Is a Humanism (complete text): Reading 71

06_bos5511X_Ch04_p118-157.indd 134 7/24/14 9:15 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

135Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

© The McGraw−Hill Companies, 2008

Existentialism Is a Humanism

Jean-Paul Sartre

I would like on this occasion to defend existentialism against some charges that have been brought against it.

First, it has been charged with inviting people to remain in a kind of des- perate quietism because, since no solutions are possible, we would have to consider action in this world as quite impossible. We would then end up in a philosophy of contemplation; and since contemplation is a luxury, we come in the end to a bourgeois philosophy. The communists in particular have made these charges.

On the other hand, we have been charged with dwelling on human degradation, with pointing up everywhere the sordid, shady, and slimy, and neglecting the gracious and beautiful, the bright side of human nature—for example, according to Mademoiselle Mercier, a Catholic critic, with forget- ting the smile of the child. Both sides charge us with having ignored human solidarity, with considering man as an isolated being. The communists say that the main reason for this is that we take pure subjectivity, the Cartesian “I think” [cogito] as our starting point; in other words, the moment in which man becomes fully aware of what it means to him to be an isolated being; as a result, we are unable to return to a state of solidarity with the men who are not ourselves, a state that we can never reach in the cogito.

From the Christian standpoint, we are charged with denying the reality and seriousness of human undertakings, since, if we reject God’s com- mandments and the eternal verities, there no longer remains anything but pure caprice, with everyone permitted to do as he pleases and incapable, from his own point of view, of condemning the points of view and acts of others.

I shall try today to answer these different charges. Many people are going to be surprised at what is said here about humanism. We shall try to see in what sense it is to be understood. In any case, what can be said from the very beginning is that by existentialism we mean a doctrine that makes human life possible and, in addition, declares that every truth and every action implies a human setting and a human subjectivity.

As is generally known, the basic charge against us is that we put the emphasis on the dark side of human life. Someone recently told me of a lady who, when she let slip a vulgar word in a moment of irritation, excused her- self by saying, “I guess I’m becoming an existentialist”! Consequently, exis- tentialism is regarded as something ugly; that is why we are said to be naturalists; and if we are, it is rather surprising that in this day and age we cause so much more alarm and scandal than does naturalism, properly so called. The kind of person who can take in his stride such a novel as Zola’s

Jean-Paul Sartre, Existentialism, trans. Bernard Frechtman. New York: Philosophical Library, 1947.

70 An Examined Life Critical Thinking and Ethics Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

© The McGraw−Hill Companies, 2008

The Earth is disgusted as soon as he starts reading an existentialist novel; the kind of person who is resigned to the wisdom of the ages—which is pretty sad—finds us even sadder. Yet, what can be more disillusioning than saying “True charity begins at home” or “A scoundrel will always return evil for good”?

We know the commonplace remarks made when this subject comes up, remarks that always add up to the same thing: We shouldn’t struggle against the powers-that-be; we shouldn’t resist authority; we shouldn’t try to rise above our station; any action that doesn’t conform to authority is romantic; any effort not based on past experience is doomed to failure; experience shows that man’s bent is always toward trouble, that there must be a strong hand to hold him in check—if not, there will be anarchy. There are still peo- ple who go on mumbling these melancholy old maxims, the people who say “It’s only human!” whenever a more or less repugnant act is pointed out to them, the people who glut themselves on chansons realists [realistic songs]; these are the people who accuse existentialism of being too gloomy, and to such an extent that I wonder whether they are complaining about it, not for its pessimism, but much rather its optimism. Can it be that what really scares them in the doctrine I shall try to present here is that it leaves to man a pos- sibility of choice? To answer this question, we must reexamine it on a strictly philosophical plane. What is meant by the term existentialism?

Most people who use the word would be rather embarrassed if they had to explain it, since, now that the word is all the rage, even the work of a musi- cian or painter is being called existentialist. A gossip columnist in Clartés signs his name “The Existentialist,” so that by this time the word has been so stretched and has taken on so broad a meaning, that it no longer means any- thing at all. It seems that for lack of an avante-garde doctrine analogous to surrealism, the kind of people who are eager for scandal and flurry turn to this philosophy, which in other respects does not at all serve their purposes in this sphere.

Actually, it is the least scandalous, the most austere of doctrines. It is intended strictly for specialists and philosophers. Yet it can be defined eas- ily. What complicates matters is that there are two kinds of existentialists: first, those who are Christian, among whom I would include Jaspers and Gabriel Marcel, both Catholic; and on the other hand the atheistic existen- tialists, among whom I class Heidegger, and then the French existentialists and myself. What they have in common is that they think that existence pre- cedes essence, or, if you prefer, that subjectivity must be the starting point.

Just what does that mean? Let us consider some object that is manufac- tured, for example, a book or a paper cutter. Here is an object that has been made by an artisan whose inspiration came from a concept. He referred to the concept of what a paper cutter is and likewise to a known method of pro- duction, which is part of the concept—something that is, by and large, a routine. Thus the paper cutter is at once an object produced in a certain way and, on the other hand, one having a specific use; and one cannot postulate

Existentialism Is a Humanism (complete text): Reading 71Existentialism Is a Humanism (complete text): Reading

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics136 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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a man who produces a paper cutter but does not know what it is used for. Therefore let us say that, for the paper cutter, essence—that is, the ensem- ble of both the production routines and the properties that enable it to be both produced and defined—precedes existence. Thus the presence of the paper cutter or book in front of me is determined. Therefore we have here a technical view of the world whereby it can be said that production pre- cedes existence.

When we conceive God as the creator, he is generally thought of as a superior sort of artisan. Whatever doctrine we may be considering, whether one like that of Descartes or that of Leibniz, we always grant that will more or less follows understanding, or at the very least accompanies it, and that when God creates he knows exactly what he is creating. Thus the concept of man in the mind of God is comparable to the concept of paper cutter in the mind of the manufacturer; and, following certain techniques and a con- ception, God produces man, just as the artisan, following a definition and a technique, makes a paper cutter. Thus the individual man is the realization of a certain concept in the divine intelligence.

In the eighteenth century, the atheism of the philosophes discarded the idea of God, but not so much for the notion that essence precedes exis- tence. To a certain extent, this idea is found everywhere; we find it in Diderot, in Voltaire, and even in Kant. Man has a human nature; this human nature, which is the concept of the human, is found in all men, which means that each man is a particular example of a universal concept “man.” In Kant, the result of this universality is that the wild man, the natural man, as well as the bourgeois, are circumscribed by the same definition and have the same basic qualities. Thus, here too the essence of man precedes the historical existence that we find in nature.

Atheistic existentialism, which I represent, is more coherent. It states that if God does not exist, there is at least one being in whom existence pre- cedes essence, a being who exists before he can be defined by any concept, and that this being is man—or, as Heidegger says, human reality. What is meant here by saying that existence precedes essence? It means that, first of all, man exists, turns up, appears on the scene, and only afterwards defines himself. If man, as the existentialist conceives him, is indefinable, it is because at first he is nothing. Only afterward will he be something, and he will be what he has made himself to be. Thus there is no human nature, since there is no God to conceive it. Not only is man what he conceives him- self to be, but he is also only what he wills himself to be after this thrust toward existence.

Man is nothing else but what he makes of himself. This is the first prin- ciple of existentialism. It is also what is called subjectivity, the name we are labeled with when charges are brought against us. But what do we mean by this, if not that man has a greater dignity than a stone or table? For we mean that man first exists—that is, that man first of all is the being who hurls him- self toward a future and who is conscious of imagining himself as being in

72 An Examined Life Critical Thinking and Ethics Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

© The McGraw−Hill Companies, 2008

the future. Man is at the start a plan that is aware of itself, rather than a patch of moss, a piece of garbage, or a cauliflower. Nothing exists prior to this plan; there is nothing in heaven. Man will be what he will have planned to be—not what he may will to be, because by the word “will” we generally mean a conscious decision, which is subsequent to what we have already made of ourselves. I may will to belong to a political party, write a book, get married; but all that is only a manifestation of an earlier choice and more spontaneous than what is called “will.” But if existence really does precede essence, man is responsible for what he is. Thus existentialism’s first move is to make every man aware of what he is and to make the full responsibility of his existence rest on him. And when we say that a man is responsible for himself, we do not only mean that he is responsible for his own individual- ity, but that he is responsible for all men.

The word “subjectivism” has two meanings, and our opponents play on the two. Subjectivism means, on the one hand, that an individual chooses and makes himself; and, on the other, that it is impossible for man to tran- scend human subjectivity. The second of these is the essential meaning of existentialism. When we say that man chooses his own self, we mean that every one of us does likewise; but we also mean by that that in making this choice he also chooses all men. In fact, in creating the man that we want to be, there is not a single one of our acts that does not at the same time cre- ate an image of man as we think he ought to be. To choose to be this or that is to affirm at the same time the value of what we choose, because we can never choose evil. We always choose the good, and nothing can be good for us without being good for all.

If, on the other hand, existence precedes essence, and if we grant that we exist and fashion our image at one and the same time, the image is valid for everybody and for our whole age. Thus our responsibility is much greater than we might have supposed, because it involves all mankind. If I am a workingman and choose to join a Christian trade union rather than be a Communist, and if by being a member I want to show that the best thing for man is resignation, that the kingdom of man is not of this world, I am not only involving my own case—I want to be resigned for everyone. As a result, my action has involved all humanity. To take a more individual mat- ter, if I want to marry, to have children—even if this marriage depends solely on my own circumstances or passion or wish—I am involving all humanity in monogamy and not merely myself. Therefore I am responsible for myself and for everyone else. I am creating a certain image of man of my own choosing. In choosing myself, I choose man.

This helps us understand what the actual content is of such rather grandiloquent words as anguish, forlornness, despair. As you will see, it’s all quite simple.

First, what is meant by anguish? The existentialists say at once that man is anguish. What that means is this: The man who involves himself and who realizes that he is not only the person he chooses to be, but also a lawmaker

Existentialism Is a Humanism (complete text): Reading 73

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

137Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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a man who produces a paper cutter but does not know what it is used for. Therefore let us say that, for the paper cutter, essence—that is, the ensem- ble of both the production routines and the properties that enable it to be both produced and defined—precedes existence. Thus the presence of the paper cutter or book in front of me is determined. Therefore we have here a technical view of the world whereby it can be said that production pre- cedes existence.

When we conceive God as the creator, he is generally thought of as a superior sort of artisan. Whatever doctrine we may be considering, whether one like that of Descartes or that of Leibniz, we always grant that will more or less follows understanding, or at the very least accompanies it, and that when God creates he knows exactly what he is creating. Thus the concept of man in the mind of God is comparable to the concept of paper cutter in the mind of the manufacturer; and, following certain techniques and a con- ception, God produces man, just as the artisan, following a definition and a technique, makes a paper cutter. Thus the individual man is the realization of a certain concept in the divine intelligence.

In the eighteenth century, the atheism of the philosophes discarded the idea of God, but not so much for the notion that essence precedes exis- tence. To a certain extent, this idea is found everywhere; we find it in Diderot, in Voltaire, and even in Kant. Man has a human nature; this human nature, which is the concept of the human, is found in all men, which means that each man is a particular example of a universal concept “man.” In Kant, the result of this universality is that the wild man, the natural man, as well as the bourgeois, are circumscribed by the same definition and have the same basic qualities. Thus, here too the essence of man precedes the historical existence that we find in nature.

Atheistic existentialism, which I represent, is more coherent. It states that if God does not exist, there is at least one being in whom existence pre- cedes essence, a being who exists before he can be defined by any concept, and that this being is man—or, as Heidegger says, human reality. What is meant here by saying that existence precedes essence? It means that, first of all, man exists, turns up, appears on the scene, and only afterwards defines himself. If man, as the existentialist conceives him, is indefinable, it is because at first he is nothing. Only afterward will he be something, and he will be what he has made himself to be. Thus there is no human nature, since there is no God to conceive it. Not only is man what he conceives him- self to be, but he is also only what he wills himself to be after this thrust toward existence.

Man is nothing else but what he makes of himself. This is the first prin- ciple of existentialism. It is also what is called subjectivity, the name we are labeled with when charges are brought against us. But what do we mean by this, if not that man has a greater dignity than a stone or table? For we mean that man first exists—that is, that man first of all is the being who hurls him- self toward a future and who is conscious of imagining himself as being in

72 An Examined Life Critical Thinking and Ethics Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

© The McGraw−Hill Companies, 2008

the future. Man is at the start a plan that is aware of itself, rather than a patch of moss, a piece of garbage, or a cauliflower. Nothing exists prior to this plan; there is nothing in heaven. Man will be what he will have planned to be—not what he may will to be, because by the word “will” we generally mean a conscious decision, which is subsequent to what we have already made of ourselves. I may will to belong to a political party, write a book, get married; but all that is only a manifestation of an earlier choice and more spontaneous than what is called “will.” But if existence really does precede essence, man is responsible for what he is. Thus existentialism’s first move is to make every man aware of what he is and to make the full responsibility of his existence rest on him. And when we say that a man is responsible for himself, we do not only mean that he is responsible for his own individual- ity, but that he is responsible for all men.

The word “subjectivism” has two meanings, and our opponents play on the two. Subjectivism means, on the one hand, that an individual chooses and makes himself; and, on the other, that it is impossible for man to tran- scend human subjectivity. The second of these is the essential meaning of existentialism. When we say that man chooses his own self, we mean that every one of us does likewise; but we also mean by that that in making this choice he also chooses all men. In fact, in creating the man that we want to be, there is not a single one of our acts that does not at the same time cre- ate an image of man as we think he ought to be. To choose to be this or that is to affirm at the same time the value of what we choose, because we can never choose evil. We always choose the good, and nothing can be good for us without being good for all.

If, on the other hand, existence precedes essence, and if we grant that we exist and fashion our image at one and the same time, the image is valid for everybody and for our whole age. Thus our responsibility is much greater than we might have supposed, because it involves all mankind. If I am a workingman and choose to join a Christian trade union rather than be a Communist, and if by being a member I want to show that the best thing for man is resignation, that the kingdom of man is not of this world, I am not only involving my own case—I want to be resigned for everyone. As a result, my action has involved all humanity. To take a more individual mat- ter, if I want to marry, to have children—even if this marriage depends solely on my own circumstances or passion or wish—I am involving all humanity in monogamy and not merely myself. Therefore I am responsible for myself and for everyone else. I am creating a certain image of man of my own choosing. In choosing myself, I choose man.

This helps us understand what the actual content is of such rather grandiloquent words as anguish, forlornness, despair. As you will see, it’s all quite simple.

First, what is meant by anguish? The existentialists say at once that man is anguish. What that means is this: The man who involves himself and who realizes that he is not only the person he chooses to be, but also a lawmaker

Existentialism Is a Humanism (complete text): Reading 73Existentialism Is a Humanism (complete text): Reading

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics138 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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who is, at the same time, choosing all mankind as well as himself, cannot escape the feeling of his total and deep responsibility. Of course there are many people who are not anxious, but we claim that they are hiding their anxiety, that they are fleeing from it. Certainly, many people believe that when they do something, they themselves are the only ones involved, and when someone says to them “What if everyone acted that way?,” they shrug their shoulders and answer “Everyone doesn’t act that way.” But really, one should always ask oneself “What would happen if everybody looked at things that way?” There is no escaping this disturbing thought except by a kind of double-dealing. A man who lies and makes excuses for himself by saying “Not everybody does that” is someone with an uneasy conscience, because the act of lying implies that a universal value is conferred upon the lie.

Anguish is evident even when it conceals itself. This is the anguish that Kierkegaard called the anguish of Abraham. You know the story: An angel has ordered Abraham to sacrifice his son; if it really were an angel who has come and said, “You are Abraham, you shall sacrifice your son,” everything would be all right. But everyone might first wonder, “Is it really an angel, and am I really Abraham? What proof do I have?”

There was a madwoman who had hallucinations; someone used to speak to her on the telephone and give her orders. Her doctor asked her, “Who is it who talks to you?” She answered, “He says it’s God.” What proof did she really have that it was God? If an angel comes to me, what proof is there that it’s an angel? And if I hear voices, what proof is there that they come from heaven and not from hell, or from the subconscious, or from a pathological condition? What proves that they are addressed to me? What proof is there that I have been appointed to impose my choice and my con- ception of man on humanity? I’ll never find any proof or sign to convince me of that. If a voice addresses me, it is always for me to decide that this is the angel’s voice; if I consider that such an act is a good one, it is I who will choose to say that it is good rather than bad.

Now, I’m not being singled out as an Abraham, and yet at every moment I’m obliged to perform exemplary acts. For every man, everything happens as if all mankind had its eyes fixed on him and were guiding itself by what he does. And every man ought to say to himself, “Am I really the kind of man who has the right to act in such a way that humanity might guide itself by my actions?” And if he does not say that to himself, he is masking his anguish.

There is no question here of the kind of anguish that would lead to qui- etism, to inaction. It is a matter of a simple sort of anguish that anybody who has had responsibilities is familiar with. For example, when a military officer takes the responsibility for an attack and sends a certain number of men to death, he chooses to do so, and in the main he alone makes the choice. Doubtless, orders come from above, but they are too broad; he interprets them, and on this interpretation depend the lives of ten or fourteen or twenty men. In making a decision he cannot help having a certain anguish. All leaders know this anguish. That doesn’t keep them from acting; on the

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contrary, it is the very condition of their action. For it implies that they envis- age a number of possibilities, and when they choose one, they realize that it has value only because it is chosen. We shall see that this kind of anguish, which is the kind that existentialism describes, is explained, in addition, by a direct responsibility to the other men whom it involves. It is not a curtain separating us from action, but is part of action itself.

When we speak of forlornness (a term Heidegger was fond of), we mean only that God does not exist and that we have to face all the consequences of this. The existentialist is strongly opposed to a certain kind of secular ethics that would like to abolish God with the least possible expense. About 1880, some French teachers tried to set up a secular ethics that went some- thing like this: God is a useless and costly hypothesis; we are discarding it. But meanwhile, in order for there to be an ethics, a society, a civilization, it is essential that certain values be taken seriously and that they be considered as having an a priori existence. It must be obligatory a priori to be honest, not to lie, not to beat your wife, to have children, and so on, and so on. So we’re going to try a little device that will make it possible to show that values exist all the same, inscribed in a heaven of ideas, though otherwise God does not exist. In other words (and this, I believe, is the tendency of everything called “reformism” in France), nothing will be changed if God does not exist. We shall find ourselves with the same norms of honesty, progress, and humanism, and we shall have made of God an outdated hypothesis that will peacefully die off by itself.

The existentialist, on the contrary, thinks it very distressing that God does not exist, because all possibility of finding values in a heaven of ideas disappears along with him; there can no longer be an a priori Good, since there is no infinite and perfect consciousness to think it. Nowhere is it writ- ten that the Good exists, that we must be honest, that we must not lie— because the fact is, we are on a plane where there are only men. Dostoyevsky said, “If God did not exist, everything would be permitted.” That is the very starting point of existentialism. Indeed, everything is permissible if God does not exist, and as a result man is forlorn, because neither within him nor without does he find anything to cling to. He can’t start making excuses for himself.

If existence really does precede essence, there is no explaining things away by reference to a fixed and given human nature. In other words, there is no determinism: Man is free, man is freedom. On the other hand, if God does not exist, we find no values or commands to turn to that legitimize our conduct. So, in the bright realm of values, we have no excuse behind us, nor justification before us. We are alone, with no excuses.

That is the idea I shall try to convey when I say that man is condemned to be free: condemned because he did not create himself; yet in other respects is free because, once thrown into the world, he is responsible for everything he does. The existentialist does not believe in the power of pas- sion. He will never agree that a sweeping passion is a ravaging torrent that

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who is, at the same time, choosing all mankind as well as himself, cannot escape the feeling of his total and deep responsibility. Of course there are many people who are not anxious, but we claim that they are hiding their anxiety, that they are fleeing from it. Certainly, many people believe that when they do something, they themselves are the only ones involved, and when someone says to them “What if everyone acted that way?,” they shrug their shoulders and answer “Everyone doesn’t act that way.” But really, one should always ask oneself “What would happen if everybody looked at things that way?” There is no escaping this disturbing thought except by a kind of double-dealing. A man who lies and makes excuses for himself by saying “Not everybody does that” is someone with an uneasy conscience, because the act of lying implies that a universal value is conferred upon the lie.

Anguish is evident even when it conceals itself. This is the anguish that Kierkegaard called the anguish of Abraham. You know the story: An angel has ordered Abraham to sacrifice his son; if it really were an angel who has come and said, “You are Abraham, you shall sacrifice your son,” everything would be all right. But everyone might first wonder, “Is it really an angel, and am I really Abraham? What proof do I have?”

There was a madwoman who had hallucinations; someone used to speak to her on the telephone and give her orders. Her doctor asked her, “Who is it who talks to you?” She answered, “He says it’s God.” What proof did she really have that it was God? If an angel comes to me, what proof is there that it’s an angel? And if I hear voices, what proof is there that they come from heaven and not from hell, or from the subconscious, or from a pathological condition? What proves that they are addressed to me? What proof is there that I have been appointed to impose my choice and my con- ception of man on humanity? I’ll never find any proof or sign to convince me of that. If a voice addresses me, it is always for me to decide that this is the angel’s voice; if I consider that such an act is a good one, it is I who will choose to say that it is good rather than bad.

Now, I’m not being singled out as an Abraham, and yet at every moment I’m obliged to perform exemplary acts. For every man, everything happens as if all mankind had its eyes fixed on him and were guiding itself by what he does. And every man ought to say to himself, “Am I really the kind of man who has the right to act in such a way that humanity might guide itself by my actions?” And if he does not say that to himself, he is masking his anguish.

There is no question here of the kind of anguish that would lead to qui- etism, to inaction. It is a matter of a simple sort of anguish that anybody who has had responsibilities is familiar with. For example, when a military officer takes the responsibility for an attack and sends a certain number of men to death, he chooses to do so, and in the main he alone makes the choice. Doubtless, orders come from above, but they are too broad; he interprets them, and on this interpretation depend the lives of ten or fourteen or twenty men. In making a decision he cannot help having a certain anguish. All leaders know this anguish. That doesn’t keep them from acting; on the

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contrary, it is the very condition of their action. For it implies that they envis- age a number of possibilities, and when they choose one, they realize that it has value only because it is chosen. We shall see that this kind of anguish, which is the kind that existentialism describes, is explained, in addition, by a direct responsibility to the other men whom it involves. It is not a curtain separating us from action, but is part of action itself.

When we speak of forlornness (a term Heidegger was fond of), we mean only that God does not exist and that we have to face all the consequences of this. The existentialist is strongly opposed to a certain kind of secular ethics that would like to abolish God with the least possible expense. About 1880, some French teachers tried to set up a secular ethics that went some- thing like this: God is a useless and costly hypothesis; we are discarding it. But meanwhile, in order for there to be an ethics, a society, a civilization, it is essential that certain values be taken seriously and that they be considered as having an a priori existence. It must be obligatory a priori to be honest, not to lie, not to beat your wife, to have children, and so on, and so on. So we’re going to try a little device that will make it possible to show that values exist all the same, inscribed in a heaven of ideas, though otherwise God does not exist. In other words (and this, I believe, is the tendency of everything called “reformism” in France), nothing will be changed if God does not exist. We shall find ourselves with the same norms of honesty, progress, and humanism, and we shall have made of God an outdated hypothesis that will peacefully die off by itself.

The existentialist, on the contrary, thinks it very distressing that God does not exist, because all possibility of finding values in a heaven of ideas disappears along with him; there can no longer be an a priori Good, since there is no infinite and perfect consciousness to think it. Nowhere is it writ- ten that the Good exists, that we must be honest, that we must not lie— because the fact is, we are on a plane where there are only men. Dostoyevsky said, “If God did not exist, everything would be permitted.” That is the very starting point of existentialism. Indeed, everything is permissible if God does not exist, and as a result man is forlorn, because neither within him nor without does he find anything to cling to. He can’t start making excuses for himself.

If existence really does precede essence, there is no explaining things away by reference to a fixed and given human nature. In other words, there is no determinism: Man is free, man is freedom. On the other hand, if God does not exist, we find no values or commands to turn to that legitimize our conduct. So, in the bright realm of values, we have no excuse behind us, nor justification before us. We are alone, with no excuses.

That is the idea I shall try to convey when I say that man is condemned to be free: condemned because he did not create himself; yet in other respects is free because, once thrown into the world, he is responsible for everything he does. The existentialist does not believe in the power of pas- sion. He will never agree that a sweeping passion is a ravaging torrent that

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fatally leads a man to certain acts and is therefore an excuse. He thinks that man is responsible for his passion.

The existentialist does not think that man is going to help himself by finding in the world some omen by which to orient himself, because he thinks that man will interpret the omen to suit himself. Therefore he thinks that man, with no support and no aid, is condemned every moment to invent man. Ponge, in a very fine article, has said, “Man is the future of man.” That’s exactly it. But if it is taken to mean that this future is recorded in heaven, that God sees it, then it is false, because it would really no longer be a future. If it is taken to mean that, whatever a man may be, there is a future to be forged, a virgin future before him, then this remark is sound. But then we are forlorn.

To give you an example that will enable you to understand forlornness better, I shall cite the case of one of my students who came to see me under the following circumstances: His father was on bad terms with his mother and, moreover, was inclined to be a “collaborator.” His older brother had been killed in the German offensive of 1940, and the young man, with some- what immature but generous feelings, wanted to avenge him. His mother lived alone with him, very much upset by the half-treason of her husband and the death of her older son. The boy was her only consolation.

The boy was faced with the choice of leaving for England and joining the Free French Forces—that is, leaving his mother behind—or remaining with his mother and helping her to carry on. He was fully aware that the woman lived only for him and that his going off, and perhaps his death, would plunge her into despair. He was also aware that every act that he did for his mother’s sake was a sure thing, in the sense that it was helping her to carry on, whereas every effort he made toward going off and fighting was an uncertain move that might run aground and prove completely useless. For example, on his way to England he might, while passing through Spain, be detained indefinitely in a Spanish camp; he might reach England or Algiers and be stuck in an office at a desk job. As a result, he was faced with two very different kinds of action: one of them concrete, immediate, but concerning only one individual; the other concerning an incomparably vaster group, a national collectivity, but which for that very reason was dubious—and it might be interrupted en route. And, at the same time, he was wavering between two kinds of ethics: on the one hand, an ethics of sympathy, of per- sonal devotion; on the other, a broader ethics, but one whose efficacy was more dubious. He had to choose between the two.

Who could help him choose? Christian doctrine? No. Christian doc- trine says: “Be charitable, love your neighbor, take the more rugged path, and so on, and so on.” But which is the more rugged path? Whom should he love as a brother, the fighting man or his mother? Which does the greater good, the vague act of fighting in a group, or the concrete one of helping a particular human being to go on living? Who can decide a priori? Nobody. No book of ethics can tell him. Kantian ethics says: “Never treat any

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person as a means, but as an end.” Very well; if I stay with my mother, I’ll treat her as an end and not as a means. But by virtue of this very fact, I’m running the risk of treating the people around me who are fighting, as a means. And conversely, if I go to join those who are fighting, I’ll be treating them as an end, and by doing that I run the risk of treating my mother as a means.

If values are vague, and if they are always too broad for the concrete and specific case that we are considering, the only thing left for us is to trust our instincts. That’s what this young man tried to do; and when I saw him, he said: “In the end, feeling is what counts. I ought to choose whichever pushes me in one direction. If I feel that I love my mother enough to sacrifice every- thing else for her—my desire for vengeance, for action, for adventure— then I’ll stay with her. If, on the contrary, I feel that my love for my mother isn’t enough, I’ll leave.”

But how is the value of a feeling determined? What gives his feeling for his mother value? Precisely the fact that he remained with her. I may say that I like so-and-so well enough to sacrifice a certain amount of money for him, but I may say so only if I’ve done it. I may say “I love my mother well enough to remain with her” [only] if I have remained with her. The only way to determine the value of this affection is, precisely, to perform an act that con- firms and defines it. But since I require this affection to justify my act, I find myself caught in a vicious circle.

On the other hand, as Gide has well said, a mock feeling and a true feel- ing are almost indistinguishable. To decide that I love my mother and will remain with her, or to remain with her by putting on an act, amount some- what to the same thing. In other words, the feeling is formed by the acts one performs, so I cannot refer to it in order to act upon it. This means that I can neither seek within myself the true condition that will impel me to act, nor look to a system of ethics for concepts that will permit me to act. You will say, “At least he did go to a teacher for advice.” But if you seek advice from a priest, for example, you have chosen this priest; you already knew, more or less, just about what advice he was going to give you. In other words, choosing your adviser is involving yourself. The proof of this is that if you are a Christian, you will say, “Consult a priest.” But some priests are collab- orators, some are just marking time, some are resisters. Which to choose? If the young man chooses a priest who is resisting or collaborating, he has already decided on the kind of advice he’s going to get. Therefore, in com- ing to see me he knew the answer I was going to give him, and I had only one answer to give: “You’re free, choose—that is, invent. No general ethics can show you what is to be done; there are no omens in the world.” The Catholics will reply, “But there are.” Granted—but in any case, I myself choose the meaning they have.

When I was a prisoner, I knew a rather remarkable young man who was a Jesuit. He had entered the Jesuit order in the following way: He had had a number of very bad breaks. In childhood, his father died, leaving him in

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fatally leads a man to certain acts and is therefore an excuse. He thinks that man is responsible for his passion.

The existentialist does not think that man is going to help himself by finding in the world some omen by which to orient himself, because he thinks that man will interpret the omen to suit himself. Therefore he thinks that man, with no support and no aid, is condemned every moment to invent man. Ponge, in a very fine article, has said, “Man is the future of man.” That’s exactly it. But if it is taken to mean that this future is recorded in heaven, that God sees it, then it is false, because it would really no longer be a future. If it is taken to mean that, whatever a man may be, there is a future to be forged, a virgin future before him, then this remark is sound. But then we are forlorn.

To give you an example that will enable you to understand forlornness better, I shall cite the case of one of my students who came to see me under the following circumstances: His father was on bad terms with his mother and, moreover, was inclined to be a “collaborator.” His older brother had been killed in the German offensive of 1940, and the young man, with some- what immature but generous feelings, wanted to avenge him. His mother lived alone with him, very much upset by the half-treason of her husband and the death of her older son. The boy was her only consolation.

The boy was faced with the choice of leaving for England and joining the Free French Forces—that is, leaving his mother behind—or remaining with his mother and helping her to carry on. He was fully aware that the woman lived only for him and that his going off, and perhaps his death, would plunge her into despair. He was also aware that every act that he did for his mother’s sake was a sure thing, in the sense that it was helping her to carry on, whereas every effort he made toward going off and fighting was an uncertain move that might run aground and prove completely useless. For example, on his way to England he might, while passing through Spain, be detained indefinitely in a Spanish camp; he might reach England or Algiers and be stuck in an office at a desk job. As a result, he was faced with two very different kinds of action: one of them concrete, immediate, but concerning only one individual; the other concerning an incomparably vaster group, a national collectivity, but which for that very reason was dubious—and it might be interrupted en route. And, at the same time, he was wavering between two kinds of ethics: on the one hand, an ethics of sympathy, of per- sonal devotion; on the other, a broader ethics, but one whose efficacy was more dubious. He had to choose between the two.

Who could help him choose? Christian doctrine? No. Christian doc- trine says: “Be charitable, love your neighbor, take the more rugged path, and so on, and so on.” But which is the more rugged path? Whom should he love as a brother, the fighting man or his mother? Which does the greater good, the vague act of fighting in a group, or the concrete one of helping a particular human being to go on living? Who can decide a priori? Nobody. No book of ethics can tell him. Kantian ethics says: “Never treat any

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person as a means, but as an end.” Very well; if I stay with my mother, I’ll treat her as an end and not as a means. But by virtue of this very fact, I’m running the risk of treating the people around me who are fighting, as a means. And conversely, if I go to join those who are fighting, I’ll be treating them as an end, and by doing that I run the risk of treating my mother as a means.

If values are vague, and if they are always too broad for the concrete and specific case that we are considering, the only thing left for us is to trust our instincts. That’s what this young man tried to do; and when I saw him, he said: “In the end, feeling is what counts. I ought to choose whichever pushes me in one direction. If I feel that I love my mother enough to sacrifice every- thing else for her—my desire for vengeance, for action, for adventure— then I’ll stay with her. If, on the contrary, I feel that my love for my mother isn’t enough, I’ll leave.”

But how is the value of a feeling determined? What gives his feeling for his mother value? Precisely the fact that he remained with her. I may say that I like so-and-so well enough to sacrifice a certain amount of money for him, but I may say so only if I’ve done it. I may say “I love my mother well enough to remain with her” [only] if I have remained with her. The only way to determine the value of this affection is, precisely, to perform an act that con- firms and defines it. But since I require this affection to justify my act, I find myself caught in a vicious circle.

On the other hand, as Gide has well said, a mock feeling and a true feel- ing are almost indistinguishable. To decide that I love my mother and will remain with her, or to remain with her by putting on an act, amount some- what to the same thing. In other words, the feeling is formed by the acts one performs, so I cannot refer to it in order to act upon it. This means that I can neither seek within myself the true condition that will impel me to act, nor look to a system of ethics for concepts that will permit me to act. You will say, “At least he did go to a teacher for advice.” But if you seek advice from a priest, for example, you have chosen this priest; you already knew, more or less, just about what advice he was going to give you. In other words, choosing your adviser is involving yourself. The proof of this is that if you are a Christian, you will say, “Consult a priest.” But some priests are collab- orators, some are just marking time, some are resisters. Which to choose? If the young man chooses a priest who is resisting or collaborating, he has already decided on the kind of advice he’s going to get. Therefore, in com- ing to see me he knew the answer I was going to give him, and I had only one answer to give: “You’re free, choose—that is, invent. No general ethics can show you what is to be done; there are no omens in the world.” The Catholics will reply, “But there are.” Granted—but in any case, I myself choose the meaning they have.

When I was a prisoner, I knew a rather remarkable young man who was a Jesuit. He had entered the Jesuit order in the following way: He had had a number of very bad breaks. In childhood, his father died, leaving him in

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poverty, and he was a scholarship student at a religious institution where he was constantly made to feel that he was being kept out of charity. Then he failed to get any of the honors and distinctions that children like. Later on, at about eighteen, he bungled a love affair. Finally, at twenty-two, he failed in military training—a childish enough matter, but it was the last straw.

This young fellow might well have felt that he had botched everything. It was a sign of something, but of what? He might have taken refuge in bit- terness or despair. But he very wisely looked upon all this as a sign that he was not made for secular triumphs, and that only the triumphs of religion, holiness, and faith were open to him. He saw the hand of God in all this, and so he entered the order. Who can help seeing that he alone decided what the sign meant?

Some other interpretation might have been drawn from this series of setbacks; for example, that he might have done better to turn carpenter or revolutionist. Therefore he is fully responsible for the interpretation. Forlornness implies that we ourselves choose our being. Forlornness and anguish go together.

As for despair, the term has a very simple meaning. It means that we shall confine ourselves to reckoning only with what depends upon our will, or on the ensemble of probabilities that make our action possible. When we want something, we always have to reckon with probabilities. I may be count- ing on the arrival of a friend. The friend is coming by rail or streetcar; this supposes that the train will arrive on schedule, or that the streetcar will not jump the track. I’m left in the realm of possibility; but possibilities are to be reckoned with only to the point where my action comports with the ensem- ble of these possibilities, and no further. The moment the possibilities I am considering are not rigorously involved by my action, I ought to disengage myself from them, because no God, no scheme, can adapt the world and its possibilities to my will. When Descartes said “Conquer yourself rather than the world,” he meant essentially the same thing.

The Marxists to whom I have spoken reply: “You can rely on the support of others in your action, which obviously has certain limits because you’re not going to live forever. That means, rely on both what others are doing elsewhere to help you, in China, in Russia, and what they will do later on, after your death, to carry on the action and lead it to its fulfillment, which will be the revolution. You even have to rely on that; otherwise you’re immoral.” I reply at once that I will always rely on fellow fighters insofar as these comrades are involved with me in a common struggle, in the unity of a party or a group in which I can more or less make my weight felt—that is, one whose ranks I am in as a fighter and whose movements I am aware of at every moment. In such a situation, relying on the unity and will of the party is exactly like counting on the fact that the train will arrive on time or that the streetcar won’t jump the track. But given that man is free and that there is no human nature for me to depend on, I cannot count on men whom I do not know by relying on human goodness or man’s concern for the good

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of society. I don’t know what will become of the Russian revolution. I may make an example of it to the extent that at the present time it is apparent that the proletariat plays a part in Russia that it plays in no other nation, but I can’t swear that this will inevitably lead to a triumph of the proletariat. I’ve got to limit myself to what I see.

Given that men are free and that tomorrow they will freely decide what man will be, I cannot be sure that, after my death, fellow fighters will carry on my work to bring it to its maximum perfection. Tomorrow, after my death, some men may decide to set up Fascism, and the others may be cow- ardly and muddled enough to let them do it. Fascism will then be the human reality, so much the worse for us.

Actually, things will be as man will have decided they are to be. Does that mean that I should abandon myself to quietism? No. I should first involve myself, and then act on the old formula “Nothing ventured, nothing gained.” Nor does it mean that I shouldn’t belong to a [political] party, but rather that I shall have no illusions and shall do what I can. For example, suppose I ask myself, “Will the social ideal, as such, ever come about?” I know nothing about it. All I know is that I’m going to do everything in my power to bring it about. Beyond that, I can’t count on anything. Quietism is the attitude of people who say, “Let others do what I can’t do.” The doctrine I am presenting is the very opposite of quietism, since it declares, “There is no reality except in action.” Moreover, it goes further, since it adds: “Man is nothing else than his plan; he exists only to the extent that he fulfills him- self. He is therefore nothing else than the ensemble of his acts, nothing else than his life.”

According to this, we can understand why our doctrine horrifies certain people—because often the only way they can bear their wretchedness is to think: “Circumstances have been against me. What I’ve been and done doesn’t show my true worth. To be sure, I’ve had no great love, no great friendship, but that’s because I haven’t met a man or woman who was wor- thy. The books I’ve written haven’t been very good because I haven’t had the proper leisure. I haven’t had children to devote myself to because I didn’t find a man with whom I could have spent my life. So there remains within me, unused and quite viable, a host of propensities, inclinations, pos- sibilities, that one wouldn’t guess from the mere series of things I’ve done.”

Now for the existentialist there is really no love other than one that manifests itself in a person’s being in love. There is no genius other than one that is expressed in works of art; the genius of Proust is the sum of Proust’s works; the genius of Racine is his series of tragedies. Outside of that, there is nothing. Why say that Racine could have written another tragedy, when he didn’t write it? A man is involved in life, leaves his impress on it, and outside of that there is nothing. To be sure, this may seem a harsh thought to someone whose life hasn’t been a success. But on the other hand, it prompts people to understand that reality alone is what counts; that dreams, expectations, and hopes warrant no more than to define a man as

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poverty, and he was a scholarship student at a religious institution where he was constantly made to feel that he was being kept out of charity. Then he failed to get any of the honors and distinctions that children like. Later on, at about eighteen, he bungled a love affair. Finally, at twenty-two, he failed in military training—a childish enough matter, but it was the last straw.

This young fellow might well have felt that he had botched everything. It was a sign of something, but of what? He might have taken refuge in bit- terness or despair. But he very wisely looked upon all this as a sign that he was not made for secular triumphs, and that only the triumphs of religion, holiness, and faith were open to him. He saw the hand of God in all this, and so he entered the order. Who can help seeing that he alone decided what the sign meant?

Some other interpretation might have been drawn from this series of setbacks; for example, that he might have done better to turn carpenter or revolutionist. Therefore he is fully responsible for the interpretation. Forlornness implies that we ourselves choose our being. Forlornness and anguish go together.

As for despair, the term has a very simple meaning. It means that we shall confine ourselves to reckoning only with what depends upon our will, or on the ensemble of probabilities that make our action possible. When we want something, we always have to reckon with probabilities. I may be count- ing on the arrival of a friend. The friend is coming by rail or streetcar; this supposes that the train will arrive on schedule, or that the streetcar will not jump the track. I’m left in the realm of possibility; but possibilities are to be reckoned with only to the point where my action comports with the ensem- ble of these possibilities, and no further. The moment the possibilities I am considering are not rigorously involved by my action, I ought to disengage myself from them, because no God, no scheme, can adapt the world and its possibilities to my will. When Descartes said “Conquer yourself rather than the world,” he meant essentially the same thing.

The Marxists to whom I have spoken reply: “You can rely on the support of others in your action, which obviously has certain limits because you’re not going to live forever. That means, rely on both what others are doing elsewhere to help you, in China, in Russia, and what they will do later on, after your death, to carry on the action and lead it to its fulfillment, which will be the revolution. You even have to rely on that; otherwise you’re immoral.” I reply at once that I will always rely on fellow fighters insofar as these comrades are involved with me in a common struggle, in the unity of a party or a group in which I can more or less make my weight felt—that is, one whose ranks I am in as a fighter and whose movements I am aware of at every moment. In such a situation, relying on the unity and will of the party is exactly like counting on the fact that the train will arrive on time or that the streetcar won’t jump the track. But given that man is free and that there is no human nature for me to depend on, I cannot count on men whom I do not know by relying on human goodness or man’s concern for the good

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of society. I don’t know what will become of the Russian revolution. I may make an example of it to the extent that at the present time it is apparent that the proletariat plays a part in Russia that it plays in no other nation, but I can’t swear that this will inevitably lead to a triumph of the proletariat. I’ve got to limit myself to what I see.

Given that men are free and that tomorrow they will freely decide what man will be, I cannot be sure that, after my death, fellow fighters will carry on my work to bring it to its maximum perfection. Tomorrow, after my death, some men may decide to set up Fascism, and the others may be cow- ardly and muddled enough to let them do it. Fascism will then be the human reality, so much the worse for us.

Actually, things will be as man will have decided they are to be. Does that mean that I should abandon myself to quietism? No. I should first involve myself, and then act on the old formula “Nothing ventured, nothing gained.” Nor does it mean that I shouldn’t belong to a [political] party, but rather that I shall have no illusions and shall do what I can. For example, suppose I ask myself, “Will the social ideal, as such, ever come about?” I know nothing about it. All I know is that I’m going to do everything in my power to bring it about. Beyond that, I can’t count on anything. Quietism is the attitude of people who say, “Let others do what I can’t do.” The doctrine I am presenting is the very opposite of quietism, since it declares, “There is no reality except in action.” Moreover, it goes further, since it adds: “Man is nothing else than his plan; he exists only to the extent that he fulfills him- self. He is therefore nothing else than the ensemble of his acts, nothing else than his life.”

According to this, we can understand why our doctrine horrifies certain people—because often the only way they can bear their wretchedness is to think: “Circumstances have been against me. What I’ve been and done doesn’t show my true worth. To be sure, I’ve had no great love, no great friendship, but that’s because I haven’t met a man or woman who was wor- thy. The books I’ve written haven’t been very good because I haven’t had the proper leisure. I haven’t had children to devote myself to because I didn’t find a man with whom I could have spent my life. So there remains within me, unused and quite viable, a host of propensities, inclinations, pos- sibilities, that one wouldn’t guess from the mere series of things I’ve done.”

Now for the existentialist there is really no love other than one that manifests itself in a person’s being in love. There is no genius other than one that is expressed in works of art; the genius of Proust is the sum of Proust’s works; the genius of Racine is his series of tragedies. Outside of that, there is nothing. Why say that Racine could have written another tragedy, when he didn’t write it? A man is involved in life, leaves his impress on it, and outside of that there is nothing. To be sure, this may seem a harsh thought to someone whose life hasn’t been a success. But on the other hand, it prompts people to understand that reality alone is what counts; that dreams, expectations, and hopes warrant no more than to define a man as

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a disappointed dream, as miscarried hopes, as vain expectations—in other words, to define him negatively and not positively. However, when we say “You are nothing else than your life,” that does not imply that the artist will be judged solely on the basis of his works of art; a thousand other things will contribute toward summing him up. What we mean is that a man is nothing else than a series of undertakings, that he is the sum, the organization, the ensemble of the relationships that make up these undertakings.

When all is said and done, what we are accused of, at bottom, is not our pessimism but an optimistic toughness. If people throw up to us our works of fiction in which we write about people who are soft, weak, cowardly, and sometimes even downright bad, it’s not because these people are soft, weak, cowardly, or bad; because if we were to say, as Zola did, that they are that way because of heredity, the workings of environment, society, because of bio- logical or psychological determinism, people would be reassured. They would say, “Well, that’s what we’re like, no one can do anything about it.” But when the existentialist writes about a coward, he says that this coward is responsible for his cowardice. He’s not like that because he has a cowardly heart or lung or brain; he’s not like that on account of his physiological makeup; but he’s like that because he has made himself a coward by his acts. There’s no such thing as a cowardly constitution. There are nervous consti- tutions; there is poor blood, as the common people say; and there are strong constitutions. But the man whose blood is poor is not a coward on that account, for what makes cowardice is the act of renouncing or yielding. A constitution is not an act; the coward is defined on the basis of the acts he performs. People feel, in a vague sort of way, that this coward we’re talking about is guilty of being a coward, and the thought frightens them. What peo- ple would like is that a coward or a hero be born that way.

One of the complaints most frequently made about The Ways of Freedom1

can be summed up as follows: “After all, these people are so spineless, how are you going to make heroes out of them?” This objection almost makes me laugh, for it assumes that people are born heroes. That’s what people really want to think. If you’re born cowardly, you may set your mind perfectly at rest; there’s nothing you can do about it; you’ll be cowardly all your life, whatever you may do. If you’re born a hero, you may set your mind just as much at rest; you’ll be a hero all your life; you’ll drink like a hero and eat like a hero. What the existentialist says is that the coward makes himself cowardly, that the hero makes himself heroic. There’s always the possibility for the coward not to be cowardly any more and for the hero to stop being heroic. What counts is total involvement; some one particular action or set of circumstances is not total involvement.

Thus, I think we have answered a number of the charges concerning existentialism. You see that it cannot be taken for a philosophy of quietism, since it defines man in terms of action; nor for a pessimistic description of man—there is no doctrine more optimistic, since man’s destiny is within himself; nor for an attempt to discourage man from acting, since it tells him

80 An Examined Life Critical Thinking and Ethics Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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that the only hope is in his acting and that action is the only thing that enables a man to live. Consequently, we are dealing here with an ethics of action and involvement.

Nevertheless, on the basis of a few notions like these, we are still charged with immuring man in his private subjectivity. There again we’re very much misunderstood. Subjectivity of the individual is indeed our point of depar- ture, and this for strictly philosophic reasons. Not because we are bourgeois, but because we want a doctrine based on truth and not a lot of fine theories, full of hope but with no real basis. There can be no other truth to take off from than this: “I think, therefore I exist.” There we have the absolute truth of consciousness becoming aware of itself. Every theory that takes man out of the moment in which he becomes aware of himself is, at its very begin- ning, a theory that confounds truth; for, outside the Cartesian cogito, all views are only probable, and a doctrine of probability that is not bound to a truth dissolves into thin air. In order to describe the probable, you must have a firm hold on the true. Therefore, before there can be any truth what- soever, there must be an absolute truth; and this one is simple and easily arrived at. It’s on everyone’s doorstep; it’s a matter of grasping it directly.

Secondly, this theory is the only one that gives man dignity, the only one that does not reduce him to an object. The effect of all materialism is to treat all men, including the one philosophizing, as objects, that is, as an ensemble of determined reactions in no way distinguished from the ensem- ble of qualities and phenomena that constitute a table or a chair or a stone. We definitely wish to establish the human realm as an ensemble of values distinct from the material realm. But the subjectivity that we have thus arrived at, and that we have claimed to be truth, is not a strictly individual subjectivity, for we have demonstrated that one discovers in the cogito not only himself, but others as well.

The philosophies of Descartes and Kant to the contrary, through the “I think” we reach our own self in the presence of others, and the others are just as real to us as our own self. Thus, the man who becomes aware of him- self through the cogito also perceives all others, and he perceives them as the condition of his own existence. He realizes that he cannot be anything (in the sense that we say that someone is witty or nasty or jealous) unless others recognize it as such. In order to get any truth about myself, I must have con- tact with another person. The other is indispensable to my own existence, as well as to my knowledge about myself. This being so, in discovering my inner being I discover the other person at the same time, like a freedom placed in front of me that thinks and wills only for or against me. Hence, let us at once announce the discovery of a world that we shall call intersubjec- tivity; this is the world in which man decides what he is and what others are.

Besides, if it is impossible to find in every man some universal essence that would be human nature, yet there does exist a universal human condi- tion. It’s not by chance that today’s thinkers speak more readily of man’s condition than of his nature. By “condition” they mean, more or less defi-

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145Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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a disappointed dream, as miscarried hopes, as vain expectations—in other words, to define him negatively and not positively. However, when we say “You are nothing else than your life,” that does not imply that the artist will be judged solely on the basis of his works of art; a thousand other things will contribute toward summing him up. What we mean is that a man is nothing else than a series of undertakings, that he is the sum, the organization, the ensemble of the relationships that make up these undertakings.

When all is said and done, what we are accused of, at bottom, is not our pessimism but an optimistic toughness. If people throw up to us our works of fiction in which we write about people who are soft, weak, cowardly, and sometimes even downright bad, it’s not because these people are soft, weak, cowardly, or bad; because if we were to say, as Zola did, that they are that way because of heredity, the workings of environment, society, because of bio- logical or psychological determinism, people would be reassured. They would say, “Well, that’s what we’re like, no one can do anything about it.” But when the existentialist writes about a coward, he says that this coward is responsible for his cowardice. He’s not like that because he has a cowardly heart or lung or brain; he’s not like that on account of his physiological makeup; but he’s like that because he has made himself a coward by his acts. There’s no such thing as a cowardly constitution. There are nervous consti- tutions; there is poor blood, as the common people say; and there are strong constitutions. But the man whose blood is poor is not a coward on that account, for what makes cowardice is the act of renouncing or yielding. A constitution is not an act; the coward is defined on the basis of the acts he performs. People feel, in a vague sort of way, that this coward we’re talking about is guilty of being a coward, and the thought frightens them. What peo- ple would like is that a coward or a hero be born that way.

One of the complaints most frequently made about The Ways of Freedom1

can be summed up as follows: “After all, these people are so spineless, how are you going to make heroes out of them?” This objection almost makes me laugh, for it assumes that people are born heroes. That’s what people really want to think. If you’re born cowardly, you may set your mind perfectly at rest; there’s nothing you can do about it; you’ll be cowardly all your life, whatever you may do. If you’re born a hero, you may set your mind just as much at rest; you’ll be a hero all your life; you’ll drink like a hero and eat like a hero. What the existentialist says is that the coward makes himself cowardly, that the hero makes himself heroic. There’s always the possibility for the coward not to be cowardly any more and for the hero to stop being heroic. What counts is total involvement; some one particular action or set of circumstances is not total involvement.

Thus, I think we have answered a number of the charges concerning existentialism. You see that it cannot be taken for a philosophy of quietism, since it defines man in terms of action; nor for a pessimistic description of man—there is no doctrine more optimistic, since man’s destiny is within himself; nor for an attempt to discourage man from acting, since it tells him

80 An Examined Life Critical Thinking and Ethics Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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that the only hope is in his acting and that action is the only thing that enables a man to live. Consequently, we are dealing here with an ethics of action and involvement.

Nevertheless, on the basis of a few notions like these, we are still charged with immuring man in his private subjectivity. There again we’re very much misunderstood. Subjectivity of the individual is indeed our point of depar- ture, and this for strictly philosophic reasons. Not because we are bourgeois, but because we want a doctrine based on truth and not a lot of fine theories, full of hope but with no real basis. There can be no other truth to take off from than this: “I think, therefore I exist.” There we have the absolute truth of consciousness becoming aware of itself. Every theory that takes man out of the moment in which he becomes aware of himself is, at its very begin- ning, a theory that confounds truth; for, outside the Cartesian cogito, all views are only probable, and a doctrine of probability that is not bound to a truth dissolves into thin air. In order to describe the probable, you must have a firm hold on the true. Therefore, before there can be any truth what- soever, there must be an absolute truth; and this one is simple and easily arrived at. It’s on everyone’s doorstep; it’s a matter of grasping it directly.

Secondly, this theory is the only one that gives man dignity, the only one that does not reduce him to an object. The effect of all materialism is to treat all men, including the one philosophizing, as objects, that is, as an ensemble of determined reactions in no way distinguished from the ensem- ble of qualities and phenomena that constitute a table or a chair or a stone. We definitely wish to establish the human realm as an ensemble of values distinct from the material realm. But the subjectivity that we have thus arrived at, and that we have claimed to be truth, is not a strictly individual subjectivity, for we have demonstrated that one discovers in the cogito not only himself, but others as well.

The philosophies of Descartes and Kant to the contrary, through the “I think” we reach our own self in the presence of others, and the others are just as real to us as our own self. Thus, the man who becomes aware of him- self through the cogito also perceives all others, and he perceives them as the condition of his own existence. He realizes that he cannot be anything (in the sense that we say that someone is witty or nasty or jealous) unless others recognize it as such. In order to get any truth about myself, I must have con- tact with another person. The other is indispensable to my own existence, as well as to my knowledge about myself. This being so, in discovering my inner being I discover the other person at the same time, like a freedom placed in front of me that thinks and wills only for or against me. Hence, let us at once announce the discovery of a world that we shall call intersubjec- tivity; this is the world in which man decides what he is and what others are.

Besides, if it is impossible to find in every man some universal essence that would be human nature, yet there does exist a universal human condi- tion. It’s not by chance that today’s thinkers speak more readily of man’s condition than of his nature. By “condition” they mean, more or less defi-

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nitely, the a priori limits that outline man’s fundamental situation in the universe. Historical situations vary; a man may be born a slave in a pagan society or a feudal lord or a proletarian. What does not vary is the necessity for him to exist in the world, to be at work there, to be there in the midst of other people, and to be mortal there. The limits are neither subjective or objective, or, rather, they have an objective and a subjective side: objective because they are to be found everywhere and are recognizable everywhere; subjective because they are lived and are nothing if man does not live them, that is, freely determine his existence with reference to them. And though the configurations may differ, at least none of them are completely strange to me, because they all appear as attempts either to pass beyond these lim- its or recede from them or deny them or adapt to them. Consequently, every configuration, however individual it may be, has a universal value.

Every configuration, even the Chinese, the Indian, or the Negro, can be understood by a Westerner. “Can be understood” means that by virtue of a situation that he can imagine, a European of 1945 can, in like manner, push himself to his limits and reconstitute within himself the configuration of the Chinese, the Indian, or the African. Every configuration has universality in the sense that every configuration can be understood by every man. This does not at all mean that this configuration defines man forever, but that it can be met with again. There is always a way to understand the idiot, the child, the savage, the foreigner, provided one has the necessary information.

In this sense we may say that there is a universality of man; but it is not given, it is perpetually being made. I build the universal in choosing myself; I build it in understanding the configuration of every other man, whatever age he might have lived in. This absoluteness of choice does not do away with the relativeness of each epoch. At heart, what existentialism shows is the connection between the absolute character of free involvement, by virtue of which every man realizes himself in realizing a type of mankind, an involvement always comprehensible in any age whatsoever and by any per- son whosoever, and the relativeness of the cultural ensemble that may result from such a choice. It must be stressed that the relativity of Cartesianism and the absolute character of Cartesian involvement go together. In this sense, you may, if you like, say that each of us performs an absolute act in breathing, eating, sleeping, or behaving in any way whatever. There is no difference between being free like a configuration, like an existence that chooses its essence, and being absolute. There is no difference between being an absolute temporarily localized (that is, localized in history) and being universally comprehensible.

This does not entirely settle the objection to subjectivism. In fact, the objection still takes several forms. First, there is the following. We are told, “So you’re able to do anything, no matter what!” This is expressed in vari- ous ways. First we are accused of anarchy. Then they say, “You’re unable to pass judgment on others, because there’s no reason to prefer one configu- ration to another.” Finally they tell us, “Everything is arbitrary in this choos-

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ing of yours. You take something from one pocket and pretend you’re putting it into the other.”

These three objections aren’t very serious. Take the first objection. “You’re able to do anything, no matter what” is not to the point. In one sense choice is possible, but what is not possible is not to choose. I can always choose, but I ought to know that if I do not choose, I am still choosing. Although this may seem purely formal, it is highly important for keeping fantasy and caprice within bounds. If it is true that in facing a situation—for example, one in which, as a person capable of having sexual relations, of having children—I am obliged to choose an attitude. And if I in any way assume responsibility for a choice that, in involving myself, also involves all mankind, this has nothing to do with caprice, even if no a priori value deter- mines my choice.

If anybody thinks that he recognizes here Gide’s theory of the arbitrary act, he fails to see the enormous difference between this doctrine and Gide’s. Gide does not know what a situation is. He acts out of pure caprice. For us, on the contrary, man is in an organized situation in which he him- self is involved. Through his choice, he involves all mankind, and he cannot avoid making a choice: Either he will remain chaste, or he will marry with- out having children, or he will marry and have children. Anyhow, whatever he may do, it is impossible for him not to take full responsibility for the way he handles this problem. Doubtless, he chooses without referring to preestablished values, but it is unfair to accuse him of caprice. Instead, let us say that moral choice is to be compared to the making of a work of art. And before going any further, let it be said at once that we are not dealing here with an aesthetic ethics, because our opponents are so dishonest that they even accuse us of that. The example I’ve chosen is a comparison only.

Having said that, may I ask whether anyone has ever accused an artist who has painted a picture of not having drawn his inspiration from rules set up a priori. Has anyone ever asked, “What painting ought he to make?” It is clearly understood that there is no definite painting to be made, that the artist is engaged in the making of his painting, and that the painting to be made is precisely the painting he will have made. It is clearly understood that there are no a priori aesthetic values, but that there are values that appear subsequently in the coherence of the painting, in the correspon- dence between what the artist intended and the result. Nobody can tell what the painting of tomorrow will be like. Painting can be judged only after it has once been made. What connection does that have with ethics? We are in the same creative situation. We never say that a work of art is arbitrary. When we speak of a canvas of Picasso, we never say that it is arbitrary; we understand quite well that he was making himself what he is at the very time he was painting, that the ensemble of his work is embodied in his life.

The same holds on the ethical plane. What art and ethics have in com- mon is that we have creation and invention in both cases. We cannot decide a priori what there is to be done. I think that I pointed this out quite suffi-

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147Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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nitely, the a priori limits that outline man’s fundamental situation in the universe. Historical situations vary; a man may be born a slave in a pagan society or a feudal lord or a proletarian. What does not vary is the necessity for him to exist in the world, to be at work there, to be there in the midst of other people, and to be mortal there. The limits are neither subjective or objective, or, rather, they have an objective and a subjective side: objective because they are to be found everywhere and are recognizable everywhere; subjective because they are lived and are nothing if man does not live them, that is, freely determine his existence with reference to them. And though the configurations may differ, at least none of them are completely strange to me, because they all appear as attempts either to pass beyond these lim- its or recede from them or deny them or adapt to them. Consequently, every configuration, however individual it may be, has a universal value.

Every configuration, even the Chinese, the Indian, or the Negro, can be understood by a Westerner. “Can be understood” means that by virtue of a situation that he can imagine, a European of 1945 can, in like manner, push himself to his limits and reconstitute within himself the configuration of the Chinese, the Indian, or the African. Every configuration has universality in the sense that every configuration can be understood by every man. This does not at all mean that this configuration defines man forever, but that it can be met with again. There is always a way to understand the idiot, the child, the savage, the foreigner, provided one has the necessary information.

In this sense we may say that there is a universality of man; but it is not given, it is perpetually being made. I build the universal in choosing myself; I build it in understanding the configuration of every other man, whatever age he might have lived in. This absoluteness of choice does not do away with the relativeness of each epoch. At heart, what existentialism shows is the connection between the absolute character of free involvement, by virtue of which every man realizes himself in realizing a type of mankind, an involvement always comprehensible in any age whatsoever and by any per- son whosoever, and the relativeness of the cultural ensemble that may result from such a choice. It must be stressed that the relativity of Cartesianism and the absolute character of Cartesian involvement go together. In this sense, you may, if you like, say that each of us performs an absolute act in breathing, eating, sleeping, or behaving in any way whatever. There is no difference between being free like a configuration, like an existence that chooses its essence, and being absolute. There is no difference between being an absolute temporarily localized (that is, localized in history) and being universally comprehensible.

This does not entirely settle the objection to subjectivism. In fact, the objection still takes several forms. First, there is the following. We are told, “So you’re able to do anything, no matter what!” This is expressed in vari- ous ways. First we are accused of anarchy. Then they say, “You’re unable to pass judgment on others, because there’s no reason to prefer one configu- ration to another.” Finally they tell us, “Everything is arbitrary in this choos-

82 An Examined Life Critical Thinking and Ethics Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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ing of yours. You take something from one pocket and pretend you’re putting it into the other.”

These three objections aren’t very serious. Take the first objection. “You’re able to do anything, no matter what” is not to the point. In one sense choice is possible, but what is not possible is not to choose. I can always choose, but I ought to know that if I do not choose, I am still choosing. Although this may seem purely formal, it is highly important for keeping fantasy and caprice within bounds. If it is true that in facing a situation—for example, one in which, as a person capable of having sexual relations, of having children—I am obliged to choose an attitude. And if I in any way assume responsibility for a choice that, in involving myself, also involves all mankind, this has nothing to do with caprice, even if no a priori value deter- mines my choice.

If anybody thinks that he recognizes here Gide’s theory of the arbitrary act, he fails to see the enormous difference between this doctrine and Gide’s. Gide does not know what a situation is. He acts out of pure caprice. For us, on the contrary, man is in an organized situation in which he him- self is involved. Through his choice, he involves all mankind, and he cannot avoid making a choice: Either he will remain chaste, or he will marry with- out having children, or he will marry and have children. Anyhow, whatever he may do, it is impossible for him not to take full responsibility for the way he handles this problem. Doubtless, he chooses without referring to preestablished values, but it is unfair to accuse him of caprice. Instead, let us say that moral choice is to be compared to the making of a work of art. And before going any further, let it be said at once that we are not dealing here with an aesthetic ethics, because our opponents are so dishonest that they even accuse us of that. The example I’ve chosen is a comparison only.

Having said that, may I ask whether anyone has ever accused an artist who has painted a picture of not having drawn his inspiration from rules set up a priori. Has anyone ever asked, “What painting ought he to make?” It is clearly understood that there is no definite painting to be made, that the artist is engaged in the making of his painting, and that the painting to be made is precisely the painting he will have made. It is clearly understood that there are no a priori aesthetic values, but that there are values that appear subsequently in the coherence of the painting, in the correspon- dence between what the artist intended and the result. Nobody can tell what the painting of tomorrow will be like. Painting can be judged only after it has once been made. What connection does that have with ethics? We are in the same creative situation. We never say that a work of art is arbitrary. When we speak of a canvas of Picasso, we never say that it is arbitrary; we understand quite well that he was making himself what he is at the very time he was painting, that the ensemble of his work is embodied in his life.

The same holds on the ethical plane. What art and ethics have in com- mon is that we have creation and invention in both cases. We cannot decide a priori what there is to be done. I think that I pointed this out quite suffi-

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ciently when I mentioned the case of the student who came to see me, and who might have applied to all the ethical systems, Kantian or otherwise, without getting any sort of guidance. He was obliged to devise his law him- self. Never let it be said by us that this man—who, taking affection, individ- ual action, and kindheartedness toward a specific person as his ethical first principle, chooses to remain with his mother, or who, preferring to make a sacrifice, chooses to go to England—has made an arbitrary choice. Man makes himself. He isn’t ready-made at the start. In choosing his ethics, he makes himself, and force of circumstances is such that he cannot abstain from choosing one. We define man only in relationship to involvement. It is therefore absurd to charge us with arbitrariness of choice.

In the second place, it is said that we are unable to pass judgment on others. In a way this is true, and in another way, false. It is true in this sense that, whenever a man sanely and sincerely involves himself and chooses his configuration, it is impossible for him to prefer another configuration, regardless of what his own may be in other respects. It is true in this sense, that we do not believe in progress. Progress is betterment. Man is always the same; the situation confronting him varies. Choice always remains a choice in a situation. The problem has not changed since the time one could choose between those for and those against slavery, for example, at the time of the Civil War, and the present time, when one can side with the Maquis Resistance Party, or with the Communists.

But nevertheless, one can still pass judgment, for, as I have said, one makes a choice in relationship to others. First, one can judge (and this is perhaps not a judgment of value, but a logical judgment) that certain choices are based on error and others on truth. If we have defined man’s sit- uation as a free choice, with no excuses and no recourse, every man who takes refuge behind the excuse of his passions, every man who sets up a determinism, is a dishonest man.

The objection may be raised, “But why may not he choose himself dis- honestly?” I reply that I am not obliged to pass moral judgment on him, but that I do define his dishonesty as an error. One cannot help considering the truth of the matter. Dishonesty is obviously a falsehood because it belies the complete freedom of involvement. On the same grounds, I maintain that there is also dishonesty if I choose to state that certain values exist prior to me; it is self-contradictory for me to want them and at the same state that they are imposed on me. Suppose someone says to me, “What if I want to be dis- honest?” I’ll answer, “There’s no reason for you not to be, but I’m saying that that’s what you are, and that the strictly coherent attitude is that of honesty.”

Besides, I can bring moral judgment to bear. When I declare that free- dom in every concrete circumstance can have no other aim than to want itself, if man has become aware that in his forlornness he imposes values, he can no longer want but one thing—and that is freedom, as the basis of all values. That doesn’t mean that he wants it in the abstract; it means simply that the ultimate meaning of the acts of honest men is the quest for freedom

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as such. A man who belongs to a communist or revolutionary union wants concrete goals; these goals imply an abstract desire for freedom, but this freedom is wanted in something concrete. We want freedom for freedom’s sake and in every particular circumstance. And in wanting freedom we dis- cover that it depends entirely on the freedom of others, and that the free- dom of others depends on ours. Of course, freedom as the definition of man does not depend on others, but as soon as there is involvement, I am obliged to want others to have freedom at the same time that I want my own freedom. I can take freedom as my goal only if I take that of others as a goal as well. Consequently when, in all honesty, I’ve recognized that man is a being in whom existence precedes essence, that he is a free being who, in various circumstances, can want only his freedom, I have at the same time recognized that I can want only the freedom of others.

Therefore, in the name of this will for freedom, which freedom itself implies, I may pass judgment on those who seek to hide from themselves the complete arbitrariness and the complete freedom of their existence. Those who hide their complete freedom from themselves out of a spirit of seri- ousness or by means of deterministic excuses, I shall call cowards; those who try to show that their existence was necessary, when it is the very contingency of man’s appearance on earth, I shall call stinkers. But cowards or stinkers can be judged only from a strictly unbiased point of view.

Therefore, though the content of ethics is variable, a certain form of it is universal. Kant says that freedom desires both itself and the freedom of oth- ers. Granted. But he believes that the formal and the universal are enough to constitute an ethics. We, on the other hand, think that principles that are too abstract run aground in trying to decide action. Once again, take the case of the student. In the name of what, in the name of what great moral maxim do you think he could have decided, in perfect peace of mind, to abandon his mother or to stay with her? There is no way of judging. The content is always concrete and thereby unforeseeable; there is always the element of inven- tion. The one thing that counts is knowing whether the inventing that has been done, has been done in the name of freedom.

For example, let us look at the following two cases. You will see to what extent they correspond, yet differ. Take The Mill on the Floss. We find a cer- tain young girl, Maggie Tulliver, who is an embodiment of the value of pas- sion and who is aware of it. She is in love with a young man, Stephen, who is engaged to an insignificant young girl. This Maggie Tulliver, instead of heed- lessly preferring her own happiness, chooses, in the name of human solidar- ity, to sacrifice herself and give up the man she loves. On the other hand, Sanseverina, in The Charterhouse of Parma, believing that passion is man’s true value, would say that a great love deserves sacrifices; that it is to be preferred to the banality of the conjugal love that would tie Stephen to the young ninny he had to marry. She would choose to sacrifice the girl and fulfill her happi- ness; and, as Stendhal shows, she is even ready to sacrifice herself for the sake of passion, if this life demands it. Here we are in the presence of two strictly

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149Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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ciently when I mentioned the case of the student who came to see me, and who might have applied to all the ethical systems, Kantian or otherwise, without getting any sort of guidance. He was obliged to devise his law him- self. Never let it be said by us that this man—who, taking affection, individ- ual action, and kindheartedness toward a specific person as his ethical first principle, chooses to remain with his mother, or who, preferring to make a sacrifice, chooses to go to England—has made an arbitrary choice. Man makes himself. He isn’t ready-made at the start. In choosing his ethics, he makes himself, and force of circumstances is such that he cannot abstain from choosing one. We define man only in relationship to involvement. It is therefore absurd to charge us with arbitrariness of choice.

In the second place, it is said that we are unable to pass judgment on others. In a way this is true, and in another way, false. It is true in this sense that, whenever a man sanely and sincerely involves himself and chooses his configuration, it is impossible for him to prefer another configuration, regardless of what his own may be in other respects. It is true in this sense, that we do not believe in progress. Progress is betterment. Man is always the same; the situation confronting him varies. Choice always remains a choice in a situation. The problem has not changed since the time one could choose between those for and those against slavery, for example, at the time of the Civil War, and the present time, when one can side with the Maquis Resistance Party, or with the Communists.

But nevertheless, one can still pass judgment, for, as I have said, one makes a choice in relationship to others. First, one can judge (and this is perhaps not a judgment of value, but a logical judgment) that certain choices are based on error and others on truth. If we have defined man’s sit- uation as a free choice, with no excuses and no recourse, every man who takes refuge behind the excuse of his passions, every man who sets up a determinism, is a dishonest man.

The objection may be raised, “But why may not he choose himself dis- honestly?” I reply that I am not obliged to pass moral judgment on him, but that I do define his dishonesty as an error. One cannot help considering the truth of the matter. Dishonesty is obviously a falsehood because it belies the complete freedom of involvement. On the same grounds, I maintain that there is also dishonesty if I choose to state that certain values exist prior to me; it is self-contradictory for me to want them and at the same state that they are imposed on me. Suppose someone says to me, “What if I want to be dis- honest?” I’ll answer, “There’s no reason for you not to be, but I’m saying that that’s what you are, and that the strictly coherent attitude is that of honesty.”

Besides, I can bring moral judgment to bear. When I declare that free- dom in every concrete circumstance can have no other aim than to want itself, if man has become aware that in his forlornness he imposes values, he can no longer want but one thing—and that is freedom, as the basis of all values. That doesn’t mean that he wants it in the abstract; it means simply that the ultimate meaning of the acts of honest men is the quest for freedom

84 An Examined Life Critical Thinking and Ethics Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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as such. A man who belongs to a communist or revolutionary union wants concrete goals; these goals imply an abstract desire for freedom, but this freedom is wanted in something concrete. We want freedom for freedom’s sake and in every particular circumstance. And in wanting freedom we dis- cover that it depends entirely on the freedom of others, and that the free- dom of others depends on ours. Of course, freedom as the definition of man does not depend on others, but as soon as there is involvement, I am obliged to want others to have freedom at the same time that I want my own freedom. I can take freedom as my goal only if I take that of others as a goal as well. Consequently when, in all honesty, I’ve recognized that man is a being in whom existence precedes essence, that he is a free being who, in various circumstances, can want only his freedom, I have at the same time recognized that I can want only the freedom of others.

Therefore, in the name of this will for freedom, which freedom itself implies, I may pass judgment on those who seek to hide from themselves the complete arbitrariness and the complete freedom of their existence. Those who hide their complete freedom from themselves out of a spirit of seri- ousness or by means of deterministic excuses, I shall call cowards; those who try to show that their existence was necessary, when it is the very contingency of man’s appearance on earth, I shall call stinkers. But cowards or stinkers can be judged only from a strictly unbiased point of view.

Therefore, though the content of ethics is variable, a certain form of it is universal. Kant says that freedom desires both itself and the freedom of oth- ers. Granted. But he believes that the formal and the universal are enough to constitute an ethics. We, on the other hand, think that principles that are too abstract run aground in trying to decide action. Once again, take the case of the student. In the name of what, in the name of what great moral maxim do you think he could have decided, in perfect peace of mind, to abandon his mother or to stay with her? There is no way of judging. The content is always concrete and thereby unforeseeable; there is always the element of inven- tion. The one thing that counts is knowing whether the inventing that has been done, has been done in the name of freedom.

For example, let us look at the following two cases. You will see to what extent they correspond, yet differ. Take The Mill on the Floss. We find a cer- tain young girl, Maggie Tulliver, who is an embodiment of the value of pas- sion and who is aware of it. She is in love with a young man, Stephen, who is engaged to an insignificant young girl. This Maggie Tulliver, instead of heed- lessly preferring her own happiness, chooses, in the name of human solidar- ity, to sacrifice herself and give up the man she loves. On the other hand, Sanseverina, in The Charterhouse of Parma, believing that passion is man’s true value, would say that a great love deserves sacrifices; that it is to be preferred to the banality of the conjugal love that would tie Stephen to the young ninny he had to marry. She would choose to sacrifice the girl and fulfill her happi- ness; and, as Stendhal shows, she is even ready to sacrifice herself for the sake of passion, if this life demands it. Here we are in the presence of two strictly

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Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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opposed moralities. I claim that they are much the same thing: In both cases, what has been set up as the goal is freedom.

You can imagine two highly similar attitudes: One girl prefers to renounce her love out of resignation; another prefers to disregard the prior attachment of the man she loves out of sexual desire. On the surface, these two actions resemble those we’ve just described. However, they are com- pletely different. Sanseverina’s attitude is much nearer that of Maggie Tulliver, one of heedless rapacity.

Thus, you see that the second charge is true and, at the same time, false. One may choose anything if it is on the grounds of free involvement.

The third objection is the following: “You take something from one pocket and put it into the other. That is, fundamentally, values aren’t seri- ous, since you choose them.” My answer to this is that I’m quite vexed that that’s the way it is; but if I’ve discarded God the Father, there has to be some- one to invent values. You’ve got to take things as they are. Moreover, to say that we invent values means nothing else but this: Life has no meaning a pri- ori. Before you come alive, life is nothing; it’s up to you to give it a meaning, and value is nothing else but the meaning that you choose. In that way, you see, there is a possibility of creating a human community.

I’ve been reproached for asking whether existentialism is humanistic. It’s been said, “But you said in Nausea that the humanists were all wrong. You made fun of a certain kind of humanist. Why come back to it now?” Actually, the word “humanism” has two very different meanings. By human- ism one can mean a theory that takes man as an end and as a higher value. Humanism in this sense can be found in Cocteau’s tale Around the World in Eighty Hours when a character, because he is flying over some mountains in an airplane, declares, “Man is simply amazing.” That means that I, who did not build the airplanes, shall personally benefit from these particular inven- tions, and that I, as man, shall personally consider myself responsible for, and honored by, acts of a few particular men. This would imply that we ascribe a value to man on the basis of the highest deeds of certain men. This humanism is absurd, because only the dog or the horse would be able to make such an overall judgment about man, which they are careful not to do, at least to my knowledge.

But it cannot be granted that a man may make a judgment about man. Existentialism spares him from any such judgment. The existentialist will never consider man as an end because he is always in the making. Nor should we believe that there is a mankind to which we might set up a cult in the manner of Auguste Comte. The cult of mankind ends in the self- enclosed humanism of Comte, and, let it be said, of fascism. This kind of humanism we can do without.

But there is another meaning of humanism. Fundamentally it is this: Man is constantly outside of himself; in projecting himself, in losing himself outside of himself, he makes for man’s existing; and, on the other hand, it is by pursuing transcendent goals that he is able to exist. Man, being this

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state of passing-beyond and seizing upon things only as they bear upon this passing-beyond, is at the heart, at the center of this passing-beyond. There is no universe other than a human universe, the universe of human subjec- tivity. This connection between transcendence, as a constituent element of man—not in the sense that God is transcendent, but in the sense of passing beyond—and subjectivity, in the sense that man is not closed in on himself but is always present in a human universe, is what we call existentialist humanism. It is humanism because we remind man that there is no law- maker other than himself, and that in his forlornness he will decide by him- self; because we point out that man will fulfill himself as man, not in turning toward himself, but in seeking outside of himself a goal that is just this lib- eration, just this particular fulfillment.

From these few reflections it is evident that nothing is more unjust than the objections that have been raised against us. Existentialism is nothing else than an attempt to draw all the consequences of a coherent atheistic position. It isn’t trying to plunge man into despair at all. But if one calls every attitude of unbelief despair, like the Christians, then the word is not being used in its original sense. Existentialism isn’t so atheistic that it wears itself out showing that God doesn’t exist. Rather, it declares that even if God did exist, that would change nothing. There you’ve got our point of view. Not that we believe that God exists, but we think that the problem of his exis- tence is not the issue. In this sense existentialism is optimistic, a doctrine of action, and it is plain dishonesty for Christians to make no distinction between their own despair and ours and then to call us despairing.

� N O T E

1. Jean-Paul Sartre, Le Chemins de la Liberté (Paris, France: Gallimard, 1945–1949) [B. FRECHTMAN, TRANSLATOR]

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151Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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opposed moralities. I claim that they are much the same thing: In both cases, what has been set up as the goal is freedom.

You can imagine two highly similar attitudes: One girl prefers to renounce her love out of resignation; another prefers to disregard the prior attachment of the man she loves out of sexual desire. On the surface, these two actions resemble those we’ve just described. However, they are com- pletely different. Sanseverina’s attitude is much nearer that of Maggie Tulliver, one of heedless rapacity.

Thus, you see that the second charge is true and, at the same time, false. One may choose anything if it is on the grounds of free involvement.

The third objection is the following: “You take something from one pocket and put it into the other. That is, fundamentally, values aren’t seri- ous, since you choose them.” My answer to this is that I’m quite vexed that that’s the way it is; but if I’ve discarded God the Father, there has to be some- one to invent values. You’ve got to take things as they are. Moreover, to say that we invent values means nothing else but this: Life has no meaning a pri- ori. Before you come alive, life is nothing; it’s up to you to give it a meaning, and value is nothing else but the meaning that you choose. In that way, you see, there is a possibility of creating a human community.

I’ve been reproached for asking whether existentialism is humanistic. It’s been said, “But you said in Nausea that the humanists were all wrong. You made fun of a certain kind of humanist. Why come back to it now?” Actually, the word “humanism” has two very different meanings. By human- ism one can mean a theory that takes man as an end and as a higher value. Humanism in this sense can be found in Cocteau’s tale Around the World in Eighty Hours when a character, because he is flying over some mountains in an airplane, declares, “Man is simply amazing.” That means that I, who did not build the airplanes, shall personally benefit from these particular inven- tions, and that I, as man, shall personally consider myself responsible for, and honored by, acts of a few particular men. This would imply that we ascribe a value to man on the basis of the highest deeds of certain men. This humanism is absurd, because only the dog or the horse would be able to make such an overall judgment about man, which they are careful not to do, at least to my knowledge.

But it cannot be granted that a man may make a judgment about man. Existentialism spares him from any such judgment. The existentialist will never consider man as an end because he is always in the making. Nor should we believe that there is a mankind to which we might set up a cult in the manner of Auguste Comte. The cult of mankind ends in the self- enclosed humanism of Comte, and, let it be said, of fascism. This kind of humanism we can do without.

But there is another meaning of humanism. Fundamentally it is this: Man is constantly outside of himself; in projecting himself, in losing himself outside of himself, he makes for man’s existing; and, on the other hand, it is by pursuing transcendent goals that he is able to exist. Man, being this

86 An Examined Life Critical Thinking and Ethics Abel: Discourses Jean−Paul Sartre Existentialism Is a Humanism (complete text)

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state of passing-beyond and seizing upon things only as they bear upon this passing-beyond, is at the heart, at the center of this passing-beyond. There is no universe other than a human universe, the universe of human subjec- tivity. This connection between transcendence, as a constituent element of man—not in the sense that God is transcendent, but in the sense of passing beyond—and subjectivity, in the sense that man is not closed in on himself but is always present in a human universe, is what we call existentialist humanism. It is humanism because we remind man that there is no law- maker other than himself, and that in his forlornness he will decide by him- self; because we point out that man will fulfill himself as man, not in turning toward himself, but in seeking outside of himself a goal that is just this lib- eration, just this particular fulfillment.

From these few reflections it is evident that nothing is more unjust than the objections that have been raised against us. Existentialism is nothing else than an attempt to draw all the consequences of a coherent atheistic position. It isn’t trying to plunge man into despair at all. But if one calls every attitude of unbelief despair, like the Christians, then the word is not being used in its original sense. Existentialism isn’t so atheistic that it wears itself out showing that God doesn’t exist. Rather, it declares that even if God did exist, that would change nothing. There you’ve got our point of view. Not that we believe that God exists, but we think that the problem of his exis- tence is not the issue. In this sense existentialism is optimistic, a doctrine of action, and it is plain dishonesty for Christians to make no distinction between their own despair and ours and then to call us despairing.

� N O T E

1. Jean-Paul Sartre, Le Chemins de la Liberté (Paris, France: Gallimard, 1945–1949) [B. FRECHTMAN, TRANSLATOR]

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The Myth of Sisyphus

Albert Camus

Albert Camus was born in 1913 in Mondavi, Algeria. When he was less than a year old, his father was killed in a battle in World War I. His mother then moved the family to Algiers, where Albert attended primary and secondary school. He later enrolled in the University of Algiers, where his academic interests were literature, theater, and philosophy and where he supported himself by doing odd jobs. His social concern led him to join briefly the Algerian Communist Party (1934–1935). Additionally, he founded an amateur theater and began writing and producing plays. Camus graduated from the University of Algiers in 1936 with a degree in philosophy. He then pursued a career as a journalist, working first in Algiers and then, for a brief time, in Paris. In 1940 he returned to Algiers and taught in a private school. Two years later he went back to Paris, writing for the leftist newspaper Combat and serving as its editor from 1944 to 1947. While holding these various jobs, Camus also wrote and published essays, novels, and plays. From 1947 on, he devoted himself full-time to writing—and was awarded the Nobel Prize for literature in 1957. Camus died in an automobile accident near Sens, France, in 1960.

Camus’s major works are Caligula (play; written 1938, published 1945), The Stranger (novel, 1942), The Myth of Sisyphus (essay, 1942), The Plague (novel, 1947), The Rebel (essay, 1951), The Fall (novel, 1956), and The Possessed (play, 1959).

Our reading is the last section of Camus’s philosophical essay The Myth of Sisyphus. The previous sections of the essay examine the notion of “the absurd.” Camus believes that the human condition is absurd because we want to find a basis for human values (our personal goals, what is morally right and what is wrong), but the world provides no such basis. Once we become aware of this absurdity, we must decide whether life is worth living. As Camus states in the stark opening sentence of The Myth of Sisyphus, “There is but one truly serious philosophical problem, and that is suicide.” He holds that the proper response to the absurd is not to take one’s life but to be fully aware of absurdity and live defiantly in the face of it.

In the last section of The Myth of Sisyphus, which has the same title as the essay as a whole, Camus relates the stories from Greek mythology about Sisyphus and explains why Sisyphus is “the absurd hero.” As a punishment for certain crimes he had committed, the gods condemned Sisyphus eternally to roll a huge stone up a mountain. Each time he gets the rock to the top of the mountain, it rolls back down to the plain below, and Sisyphus must return to the bottom of the mountain to repeat the task. Sisyphus suffers greatly, but he is superior to the gods who have sentenced him to eternal and futile labor because, in those moments of lucidity when he returns to the foot of the mountain to begin his task anew, he understands his fate and scorns it. Camus concludes that “one must imagine Sisyphus happy.”

The Myth of Sisyphus

The gods had condemned Sisyphus to ceaselessly rolling a rock to the top of a mountain, whence the stone would fall back of its own weight. They had thought with some reason that there is no more dreadful punishment than futile and hopeless labor.

From The Myth of Sisyphus by Albert Camus, translated by Justin O’Brien. Copyright © 1955 by Alfred A. Knopf, Inc. Reprinted by permission of Alfred A. Knoph, Inc.

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If one believes Homer, Sisyphus was the wisest and most prudent of mortals.1 According to another tradition, however, he was disposed to practice the profession of highwayman. I see no contradiction in this. Opinions differ as to the reasons why he became the futile laborer of the underworld. To begin with, he is accused of a certain levity in regard to the gods. He stole their secrets. Aegina, the daughter of Aesopus, was car- ried off by Jupiter.2 The father was shocked by that disappearance and complained to Sisyphus. He, who knew of the abduction, offered to tell about it on condition that Aesopus would give water to the citadel of Corinth. To the celestial thunderbolts he preferred the benediction of water. He was punished for this in the underworld. Homer tells us also that Sisyphus had put Death in chains. Pluto3 could not endure the sight of his deserted, silent empire. He dispatched the god of war, who liber- ated Death from the hands of her conqueror.

It is said also that Sisyphus, being near to death, rashly wanted to test his wife’s love. He ordered her to cast his unburied body into the middle of the public square. Sisyphus woke up in the underworld. And there, annoyed by an obedience so contrary to human love, he obtained from Pluto permission to return to earth in order to chastise his wife. But when he had seen again the face of this world, enjoyed water and sun, warm stones and the sea, he no longer wanted to go back to the infernal dark- ness. Recalls, signs of anger, warnings were of no avail. Many years more he lived facing the curve of the gulf, the sparkling sea, and the smiles of earth. A decree of the gods was necessary. Mercury4 came and seized the impudent man by the collar and, snatching him from his joys, led him forcibly back to the underworld, where his rock was ready for him.

You have already grasped that Sisyphus is the absurd hero. He is, as much through his passions as through his torture. His scorn of the gods, his hatred of death, and his passion for life won him that unspeakable penalty in which the whole being is exerted toward accomplishing noth- ing. This is the price that must be paid for the passions of this earth. Nothing is told us about Sisyphus in the underworld. Myths are made for the imagination to breathe life into them. As for this myth, one sees merely the whole effort of a body straining to raise the huge stone, to roll it and push it up a slope a hundred times over; one sees the face screwed up, the cheek tight against the stone, the shoulder bracing the clay-covered mass, the foot wedging it, the fresh start with arms outstretched, the wholly human security of two earth-clotted hands. At the very end of his long effort measured by skyless space and time without depth, the purpose is achieved. Then Sisyphus watches the stone rush down in a few moments toward that lower world whence he will have to push it up again toward the summit. He goes back down to the plain.

It is during that return, that pause, that Sisyphus interests me. A face that toils so close to stones is already stone itself! I see that man going back down with a heavy yet measured step toward the torment of which he will

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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153The Myth of Sisyphus (selection): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Myth of Sisyphus’’(selection)

© The McGraw−Hill Companies, 2006

The Myth of Sisyphus

Albert Camus

Albert Camus was born in 1913 in Mondavi, Algeria. When he was less than a year old, his father was killed in a battle in World War I. His mother then moved the family to Algiers, where Albert attended primary and secondary school. He later enrolled in the University of Algiers, where his academic interests were literature, theater, and philosophy and where he supported himself by doing odd jobs. His social concern led him to join briefly the Algerian Communist Party (1934–1935). Additionally, he founded an amateur theater and began writing and producing plays. Camus graduated from the University of Algiers in 1936 with a degree in philosophy. He then pursued a career as a journalist, working first in Algiers and then, for a brief time, in Paris. In 1940 he returned to Algiers and taught in a private school. Two years later he went back to Paris, writing for the leftist newspaper Combat and serving as its editor from 1944 to 1947. While holding these various jobs, Camus also wrote and published essays, novels, and plays. From 1947 on, he devoted himself full-time to writing—and was awarded the Nobel Prize for literature in 1957. Camus died in an automobile accident near Sens, France, in 1960.

Camus’s major works are Caligula (play; written 1938, published 1945), The Stranger (novel, 1942), The Myth of Sisyphus (essay, 1942), The Plague (novel, 1947), The Rebel (essay, 1951), The Fall (novel, 1956), and The Possessed (play, 1959).

Our reading is the last section of Camus’s philosophical essay The Myth of Sisyphus. The previous sections of the essay examine the notion of “the absurd.” Camus believes that the human condition is absurd because we want to find a basis for human values (our personal goals, what is morally right and what is wrong), but the world provides no such basis. Once we become aware of this absurdity, we must decide whether life is worth living. As Camus states in the stark opening sentence of The Myth of Sisyphus, “There is but one truly serious philosophical problem, and that is suicide.” He holds that the proper response to the absurd is not to take one’s life but to be fully aware of absurdity and live defiantly in the face of it.

In the last section of The Myth of Sisyphus, which has the same title as the essay as a whole, Camus relates the stories from Greek mythology about Sisyphus and explains why Sisyphus is “the absurd hero.” As a punishment for certain crimes he had committed, the gods condemned Sisyphus eternally to roll a huge stone up a mountain. Each time he gets the rock to the top of the mountain, it rolls back down to the plain below, and Sisyphus must return to the bottom of the mountain to repeat the task. Sisyphus suffers greatly, but he is superior to the gods who have sentenced him to eternal and futile labor because, in those moments of lucidity when he returns to the foot of the mountain to begin his task anew, he understands his fate and scorns it. Camus concludes that “one must imagine Sisyphus happy.”

The Myth of Sisyphus

The gods had condemned Sisyphus to ceaselessly rolling a rock to the top of a mountain, whence the stone would fall back of its own weight. They had thought with some reason that there is no more dreadful punishment than futile and hopeless labor.

From The Myth of Sisyphus by Albert Camus, translated by Justin O’Brien. Copyright © 1955 by Alfred A. Knopf, Inc. Reprinted by permission of Alfred A. Knoph, Inc.

The Myth of Sisyphus (selection): Reading 157 Abel: Discourses Human Nature Albert Camus, ‘‘The Myth of Sisyphus’’(selection) © The McGraw−Hill Companies, 2006

If one believes Homer, Sisyphus was the wisest and most prudent of mortals.1 According to another tradition, however, he was disposed to practice the profession of highwayman. I see no contradiction in this. Opinions differ as to the reasons why he became the futile laborer of the underworld. To begin with, he is accused of a certain levity in regard to the gods. He stole their secrets. Aegina, the daughter of Aesopus, was car- ried off by Jupiter.2 The father was shocked by that disappearance and complained to Sisyphus. He, who knew of the abduction, offered to tell about it on condition that Aesopus would give water to the citadel of Corinth. To the celestial thunderbolts he preferred the benediction of water. He was punished for this in the underworld. Homer tells us also that Sisyphus had put Death in chains. Pluto3 could not endure the sight of his deserted, silent empire. He dispatched the god of war, who liber- ated Death from the hands of her conqueror.

It is said also that Sisyphus, being near to death, rashly wanted to test his wife’s love. He ordered her to cast his unburied body into the middle of the public square. Sisyphus woke up in the underworld. And there, annoyed by an obedience so contrary to human love, he obtained from Pluto permission to return to earth in order to chastise his wife. But when he had seen again the face of this world, enjoyed water and sun, warm stones and the sea, he no longer wanted to go back to the infernal dark- ness. Recalls, signs of anger, warnings were of no avail. Many years more he lived facing the curve of the gulf, the sparkling sea, and the smiles of earth. A decree of the gods was necessary. Mercury4 came and seized the impudent man by the collar and, snatching him from his joys, led him forcibly back to the underworld, where his rock was ready for him.

You have already grasped that Sisyphus is the absurd hero. He is, as much through his passions as through his torture. His scorn of the gods, his hatred of death, and his passion for life won him that unspeakable penalty in which the whole being is exerted toward accomplishing noth- ing. This is the price that must be paid for the passions of this earth. Nothing is told us about Sisyphus in the underworld. Myths are made for the imagination to breathe life into them. As for this myth, one sees merely the whole effort of a body straining to raise the huge stone, to roll it and push it up a slope a hundred times over; one sees the face screwed up, the cheek tight against the stone, the shoulder bracing the clay-covered mass, the foot wedging it, the fresh start with arms outstretched, the wholly human security of two earth-clotted hands. At the very end of his long effort measured by skyless space and time without depth, the purpose is achieved. Then Sisyphus watches the stone rush down in a few moments toward that lower world whence he will have to push it up again toward the summit. He goes back down to the plain.

It is during that return, that pause, that Sisyphus interests me. A face that toils so close to stones is already stone itself! I see that man going back down with a heavy yet measured step toward the torment of which he will

158 ANALYZING MORAL ISSUES - Vol. 1

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics154 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Albert Camus, ‘‘The Myth of Sisyphus’’(selection)

© The McGraw−Hill Companies, 2006

never know the end. That hour, like a breathing-space which returns as surely as his suffering—that is the hour of consciousness. At each of those moments when he leaves the heights and gradually sinks toward the lairs of the gods, he is superior to his fate. He is stronger than his rock.

If this myth is tragic, that is because its hero is conscious. Where would his torture be, indeed, if at every step the hope of succeeding upheld him? The workman of today works every day in his life at the same tasks, and this fate is no less absurd. But it is tragic only at the rare moments when it becomes conscious. Sisyphus, proletarian of the gods, powerless and rebellious, knows the whole extent of his wretched condi- tion: It is what he thinks of during his descent. The lucidity that was to constitute his torture at the same time crowns his victory. There is no fate that cannot be surmounted by scorn.

If the descent is thus sometimes performed in sorrow, it can also take place in joy. This word is not too much. Again I fancy Sisyphus returning toward his rock, and the sorrow was in the beginning. When the images of earth cling too tightly to memory, when the call of happiness becomes too insistent, it happens that melancholy rises in man’s heart: This is the rock’s victory, this is the rock itself. The boundless grief is too heavy to bear. These are our nights of Gethsemane.5 But crushing truths perish from being acknowledged. Thus, Oedipus6 at the outset obeys fate without knowing it. But from the moment he knows, his tragedy begins. Yet at the same moment, blind and desperate, he realizes that the only bond linking him to the world is the cool hand of a girl. Then a tremendous remark rings out: “Despite so many ordeals, my advanced age and the nobility of my soul make me conclude that all is well.”7 Sophocles’ Oedipus, like Dos- toevsky’s Kirilov,8 thus gives the recipe for the absurd victory. Ancient wis- dom confirms modern heroism.

One does not discover the absurd without being tempted to write a manual of happiness. “What! by such narrow ways—?” There is but one world, however. Happiness and the absurd are two sons of the same earth. They are inseparable. It would be a mistake to say that happiness neces- sarily springs from the absurd discovery. It happens as well that the feeling of the absurd springs from happiness. “I conclude that all is well,” says Oedipus, and that remark is sacred. It echoes in the wild and limited uni- verse of man. It teaches that all is not, has not been, exhausted. It drives out of this world a god who had come into it with dissatisfaction and a preference for futile sufferings. It makes of fate a human matter, which must be settled among men.

All Sisyphus’ silent joy is contained therein. His fate belongs to him. His rock is his thing. Likewise, the absurd man, when he contemplates his torment, silences all the idols. In the universe suddenly restored to its silence, the myriad wondering little voices of the earth rise up. Uncon- scious, secret calls, invitations from all the faces, they are the necessary reverse and price of victory. There is no sun without shadow, and it is

The Myth of Sisyphus (selection): Reading 159 Abel: Discourses Human Nature Albert Camus, ‘‘The Myth of Sisyphus’’(selection) © The McGraw−Hill Companies, 2006

essential to know the night. The absurd man says yes and his effort will henceforth be unceasing. If there is a personal fate, there is no higher destiny—or at least there is but one, which he concludes is inevitable and despicable. For the rest, he knows himself to be the master of his days. At that subtle moment when man glances backward over his life—Sisyphus returning toward his rock—in that slight pivoting, he contemplates that series of unrelated actions which becomes his fate, created by him, com- bined under his memory’s eye, and soon sealed by his death. Thus, con- vinced of the wholly human origin of all that is human, a blind man eager to see who knows that the night has no end, he is still on the go. The rock is still rolling.

I leave Sisyphus at the foot of the mountain! One always finds one’s burden again. But Sisyphus teaches the higher fidelity that negates the gods and raises rocks. He too concludes that all is well. This universe henceforth without a master seems to him neither sterile nor futile. Each atom of that stone, each mineral flake of that night-filled mountain, in itself forms a world. The struggle itself toward the heights is enough to fill a man’s heart. One must imagine Sisyphus happy.

� N O T E S

1. The Greek poet Homer (8th or 9th century B.C.E.) describes Sisyphus in his epics the Iliad, Book VI, lines 153–154, and the Odyssey, Book X, lines 593–600. [D. C. ABEL, EDITOR]

2. In Greek mythology, Aegina was a nymph, the daughter of the river- god Aesopos; Jupiter (the Roman name for Zeus) was the king of the gods. [D. C. ABEL]

3. Pluto: the Greek god of the underworld [D. C. ABEL] 4. Mercury: the god of eloquence, cunning, and theft, who serves as

messenger for the other gods. Mercury is the Roman name for the Greek god Hermes. [D. C. ABEL]

5. Gethsemane: according to the account in Mark 14:32–51, the garden outside Jerusalem where Jesus underwent his agony and was arrested prior to his crucifixion [D. C. ABEL]

6. Oedipus: in Greek mythology, a man who unknowingly filled the prophecy that he would kill his father and marry his mother. The story is told in Oedipus the King, a play by the Greek dramatist Sophocles (about 496–406 B.C.E.). [D. C. ABEL]

7. This is Camus’s paraphrase of statements by Oedipus in Sophocles’s play Oedipus at Colonus. [D. C. ABEL]

8. Alexei Nilych Kirilov is a character in The Possessed, a novel by the Russian writer Fyodor Dostoyevsky (1821–1881). [D. C. ABEL]

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

155The Myth of Sisyphus (selection): ReadingAbel: Discourses Human Nature Albert Camus, ‘‘The Myth of Sisyphus’’(selection)

© The McGraw−Hill Companies, 2006

never know the end. That hour, like a breathing-space which returns as surely as his suffering—that is the hour of consciousness. At each of those moments when he leaves the heights and gradually sinks toward the lairs of the gods, he is superior to his fate. He is stronger than his rock.

If this myth is tragic, that is because its hero is conscious. Where would his torture be, indeed, if at every step the hope of succeeding upheld him? The workman of today works every day in his life at the same tasks, and this fate is no less absurd. But it is tragic only at the rare moments when it becomes conscious. Sisyphus, proletarian of the gods, powerless and rebellious, knows the whole extent of his wretched condi- tion: It is what he thinks of during his descent. The lucidity that was to constitute his torture at the same time crowns his victory. There is no fate that cannot be surmounted by scorn.

If the descent is thus sometimes performed in sorrow, it can also take place in joy. This word is not too much. Again I fancy Sisyphus returning toward his rock, and the sorrow was in the beginning. When the images of earth cling too tightly to memory, when the call of happiness becomes too insistent, it happens that melancholy rises in man’s heart: This is the rock’s victory, this is the rock itself. The boundless grief is too heavy to bear. These are our nights of Gethsemane.5 But crushing truths perish from being acknowledged. Thus, Oedipus6 at the outset obeys fate without knowing it. But from the moment he knows, his tragedy begins. Yet at the same moment, blind and desperate, he realizes that the only bond linking him to the world is the cool hand of a girl. Then a tremendous remark rings out: “Despite so many ordeals, my advanced age and the nobility of my soul make me conclude that all is well.”7 Sophocles’ Oedipus, like Dos- toevsky’s Kirilov,8 thus gives the recipe for the absurd victory. Ancient wis- dom confirms modern heroism.

One does not discover the absurd without being tempted to write a manual of happiness. “What! by such narrow ways—?” There is but one world, however. Happiness and the absurd are two sons of the same earth. They are inseparable. It would be a mistake to say that happiness neces- sarily springs from the absurd discovery. It happens as well that the feeling of the absurd springs from happiness. “I conclude that all is well,” says Oedipus, and that remark is sacred. It echoes in the wild and limited uni- verse of man. It teaches that all is not, has not been, exhausted. It drives out of this world a god who had come into it with dissatisfaction and a preference for futile sufferings. It makes of fate a human matter, which must be settled among men.

All Sisyphus’ silent joy is contained therein. His fate belongs to him. His rock is his thing. Likewise, the absurd man, when he contemplates his torment, silences all the idols. In the universe suddenly restored to its silence, the myriad wondering little voices of the earth rise up. Uncon- scious, secret calls, invitations from all the faces, they are the necessary reverse and price of victory. There is no sun without shadow, and it is

The Myth of Sisyphus (selection): Reading 159 Abel: Discourses Human Nature Albert Camus, ‘‘The Myth of Sisyphus’’(selection) © The McGraw−Hill Companies, 2006

essential to know the night. The absurd man says yes and his effort will henceforth be unceasing. If there is a personal fate, there is no higher destiny—or at least there is but one, which he concludes is inevitable and despicable. For the rest, he knows himself to be the master of his days. At that subtle moment when man glances backward over his life—Sisyphus returning toward his rock—in that slight pivoting, he contemplates that series of unrelated actions which becomes his fate, created by him, com- bined under his memory’s eye, and soon sealed by his death. Thus, con- vinced of the wholly human origin of all that is human, a blind man eager to see who knows that the night has no end, he is still on the go. The rock is still rolling.

I leave Sisyphus at the foot of the mountain! One always finds one’s burden again. But Sisyphus teaches the higher fidelity that negates the gods and raises rocks. He too concludes that all is well. This universe henceforth without a master seems to him neither sterile nor futile. Each atom of that stone, each mineral flake of that night-filled mountain, in itself forms a world. The struggle itself toward the heights is enough to fill a man’s heart. One must imagine Sisyphus happy.

� N O T E S

1. The Greek poet Homer (8th or 9th century B.C.E.) describes Sisyphus in his epics the Iliad, Book VI, lines 153–154, and the Odyssey, Book X, lines 593–600. [D. C. ABEL, EDITOR]

2. In Greek mythology, Aegina was a nymph, the daughter of the river- god Aesopos; Jupiter (the Roman name for Zeus) was the king of the gods. [D. C. ABEL]

3. Pluto: the Greek god of the underworld [D. C. ABEL] 4. Mercury: the god of eloquence, cunning, and theft, who serves as

messenger for the other gods. Mercury is the Roman name for the Greek god Hermes. [D. C. ABEL]

5. Gethsemane: according to the account in Mark 14:32–51, the garden outside Jerusalem where Jesus underwent his agony and was arrested prior to his crucifixion [D. C. ABEL]

6. Oedipus: in Greek mythology, a man who unknowingly filled the prophecy that he would kill his father and marry his mother. The story is told in Oedipus the King, a play by the Greek dramatist Sophocles (about 496–406 B.C.E.). [D. C. ABEL]

7. This is Camus’s paraphrase of statements by Oedipus in Sophocles’s play Oedipus at Colonus. [D. C. ABEL]

8. Alexei Nilych Kirilov is a character in The Possessed, a novel by the Russian writer Fyodor Dostoyevsky (1821–1881). [D. C. ABEL]

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Abel: Discourses Human Nature Albert Camus, ‘‘The Myth of Sisyphus’’(selection)

© The McGraw−Hill Companies, 2006

The Myth of Sisyphus Albert Camus

Reading Questions

According to Camus:

1. What does Homer tell us about Sisyphus?

2. After returning to Earth from the underworld to chastise his wife, how did Sisyphus break his promise to Pluto? How was he punished for this?

3. During his punishment, when does Sisyphus have his “hour of consciousness”?

4. What makes the story of Sisyphus tragic?

5. Why is Sisyphus “the absurd hero”?

Discussion Questions

In your own view:

1. Did Sisyphus triumph over absurdity?

2. Is our life of work similar to Sisyphus’s labors in the underworld?

3. Does consciousness enable us to make ourselves superior to fate?

4. Are happiness and absurdity inseparable?

5. If there is no God, is life absurd?

The Myth of Sisyphus (selection): Reading 161

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

157BibliographyAbel: Discourses Human Nature Albert Camus, ‘‘The Myth of Sisyphus’’(selection)

© The McGraw−Hill Companies, 2006

The Myth of Sisyphus Albert Camus

Reading Questions

According to Camus:

1. What does Homer tell us about Sisyphus?

2. After returning to Earth from the underworld to chastise his wife, how did Sisyphus break his promise to Pluto? How was he punished for this?

3. During his punishment, when does Sisyphus have his “hour of consciousness”?

4. What makes the story of Sisyphus tragic?

5. Why is Sisyphus “the absurd hero”?

Discussion Questions

In your own view:

1. Did Sisyphus triumph over absurdity?

2. Is our life of work similar to Sisyphus’s labors in the underworld?

3. Does consciousness enable us to make ourselves superior to fate?

4. Are happiness and absurdity inseparable?

5. If there is no God, is life absurd?

The Myth of Sisyphus (selection): Reading 161

BIBLIOGRAPHY

Karl Marx & Friedrich Engels, Manifesto of the Communist Party, trans. Samuel Moore. Chicago: Charles H. Kerr, 1888.

Jean-Paul Sartre, Existentialism, trans. Bernard Frechtman. New York: Philosophical Library, 1947.

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An Examined Life: Critical Thinking and Ethics158 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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CHAPTER 5: A Matter of Virtue

INTRODUCTION

What kind of person do I want to be? That is a good question, a question that is central to Aristotle’s ethics as well as his politics. There are three elements in any moral dilemma: the act itself, the consequences of that act, and the moral agent, that is, the person performing the act in question. For the most part, the subject matter of moral philosophy involves sets of rules and rational ways to justify those rules: these ways to make judgements concern the first two elements of moral questions. Kant’s categorical imperative and Mill’s utilitarian or consequentialist moral philosophies, described in the previous two chapters, outline the rationale behind those arguments. They are ways of judging something right or wrong.

However, looking at the moral agent is a much older and perhaps still most useful way to consider a moral dilemma.

“What kind of person would do this?” “Would a virtuous person do this?” “Would the kind of person I want to be do this?” These questions suggest ways to pass judgement not on an action or on its consequences, but rather on the kind of character, the kind of life we should consider good.

Already Socrates, in Plato’s Republic, tells us that ethics is about “no small matter, but how we ought to live.” Three generations after Socrates, around 325 B.C., Aristotle in his Nichomachean Ethics put this crucial question not in terms of the right thing to do, but rather of the right way to be: For Aristotle, ethics is a question of character.

The most desirable character is that of a virtuous person because, according to Aristotle, that person in the long run is simply likelier to be happier than a person who lacks virtue. Aristotle’s Nichomachean Ethics, the first full, comprehensive treatment of the subject in the history of humanity, put moral philosophy not in terms of the right thing to do but rather the right way to be.

“One swallow does not a summer make, neither does one beautiful day; similarly, one day, one brief moment of happiness does not make a person entirely happy.” Aristotle

So what is virtue? Aristotle defines it as a midpoint between two extremes, those of excess and deficiency. For example, a generous person is neither cheap nor extravagant. A courageous soldier is neither reckless nor cowardly. You should of course be loyal to your friends, but if a friend tells you he has found a cheap and effective way to build a bomb that he plans to set off in your professor’s office, this might be a good time to think that too much

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Chapter 5: A Matter of Virtue 159

loyalty can be a bad thing. In this case, you might want to tell somebody what your friend is planning even if in ordinary circumstances that would be betraying a friend.

These and other virtues are cultivated by habit while exercising our reason. No one is born friendly, industrious, dependable, tactful, thoughtful or tolerant. No children are born bigoted—they learn that at home. No one is born a great dancer or musician. Just as it is only by practicing and competing that one becomes a great Olympic athlete, as Aristotle mentions in one of his examples, it is only by doing the things a virtuous person does that one becomes virtuous. And it is doing, not saying or meaning to do, that counts. Loyalty, fairness, honesty, consideration, discretion and even love all are things we learn only by doing and by doing them well.

They are also qualities that are likely to lead to a happy life.

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“Doing something never solves anything.” 575

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161Chapter 5: A Matter of Virtue“Doing something never solves anything.” 575

ARISTOTLE (384 BCE – 322 BCE) Aristotle was born in Stagira, in the Macedonian coast north of Athens. At 17, he was sent to Athens to study with Plato at his Academy, where he flourished intellectually for twenty years and eventually grew to disagree with his mentor on the nature of reality and the possibility of knowledge. Aristotle’s approach to seeking knowledge is what we today call the scientific method and involves asking four basic questions: “What is it?”, “What is it made of?”, “What made it?” and, most important, “What is its purpose?” He believed that using our reason we could find answers to these important questions. And the last question, when asked about human beings, is the foundation of his Nichomachean Ethics.

In 343 BCE Aristotle returned to Macedonia in order to be the tutor of the son of King Philip and other young men at his court. That teenage pupil was Alexander, soon be to known as Alexander the Great, the conqueror of much of the known world. When Athens came under Macedonian rule, the well-connected Aristotle returned to Athens and founded the Lyceum (though some sources mention that the school was already there and Aristotle simply became the new director). Perhaps because of his fondness for the breezy outdoor classes he had taught in Macedonia’s palace gardens, Aristotle preferred to teach his class while wandering around the colonnades outside. He and his followers became known as the Peripatetic School, from the Greek word peripatetikos, or “walking around.” After the death of Alexander the Great in 323 BCE, Athens turned against Macedonia and Aristotle was charged with impiety and corrupting youth—the same charges brought against Socrates three generations earlier. Mindful of that trial’s tragic outcome, Aristotle decided to leave town, famously saying that he “did not want Athens to sin against philosophy twice.”

Happiness is our function in life, according to Aristotle, because it seems to be the only thing for which we have no reason other than itself. You might want money or a great job, or an “A” in philosophy class, or perhaps a big house, or a nap. Why do you want those things? Because they will make you happy. Why do you want to be happy? We just do, we all do. There is a staggering variety when it comes to what people want: we all want different things, but each of us wants that because that will make us happy.

Virtue ethics, as Aristotle’s ethics has become known in modern times, is a powerful force in current moral debates. Particularly in an increasingly secular world, the ethics of virtue provides common ground for dialogue among believers and non-believers alike, as among Jews, Christians and Muslims (all of whom, incidentally, have been greatly influenced by Aristotle in matters of theology as well as in ethics). In other words, we may disagree on metaphysical matters, but we generally agree that human beings have reason and can use that reason to find the truth. The questions Aristotle asked three millennia ago, his theory of the four causes, remain both sensible and useful. To know anything, we ask “What is it?,” “How was it made?,” What is it made of?” and, most important, “What is it for?” This quest for a final cause of things suggests that by exercising our reason indeed we can find the truth, including a moral truth. The answer to the question “What are human beings for?” turns out to be “To be happy.” That is our final cause according to Aristotle. Thus, regardless of the source of one’s beliefs, it seems eminently sensible to ask both what makes people happy and what traits of

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character make for a good person. In other words, it makes more sense to ask “What kind of person would do this?” or “Would a good person do such a thing? than “Is this right? or “Is this wrong?”

MAKING AN ARISTOTELIAN ARGUMENT • Would a virtuous person do this? • What kind of person would do this? • Would the kind or person I want to be do this?

© Robert Weber//e New Yorker Collection/from www.cartoonbank.com

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163“‘Give me liberty or give me death.’ Now, what kind of person would say something like that?”

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In any moral dilemma, it still of course makes sense to consider the act itself as well as the consequences of the act in question—these are the approaches first suggested by Immanuel Kant; and by the Utilitarians—also called consequentialists—beginning with Jeremy Bentham and John Stuart Mill and continuing recently with philosophers such as James Rachels and Peter Singer, whose “Solution to World Poverty” follows in this chapter. In Part III of this book, we will see that utilitarian arguments have been the force behind virtually every civil rights cause in the 20th and 21st centuries.

In his influential 1984 book After Virtue, Alasdair MacIntyre suggested that “there seems to be no rational way of securing moral agreement in our culture” if we keep looking to argue about whether a specific action is right or wrong, whether its consequences are good or bad. Life cannot be simply a matter of rules. If that is the case, a return to Aristotle is in order, in other words, we should concern ourselves with being good people rather than with judging acts right or wrong.

Elizabeth Anscombe, a British philosopher known for her neo-Kantian views but also for having gravitated towards Aristotle near the end of her life, perhaps put it best in her 1958 Modern Moral Philosophy when she claimed that “The concepts of obligation—moral obligation and moral duty, that is to say—and of what is morally right and morally wrong, ought to be jettisoned. It would be a great improvement if, instead of ‘morally wrong,’ one always named a genus such as ‘untruthful,’ ‘unchaste,’ ‘unjust.’”

These, Aristotle and his followers today believe, all are things everyone needs. That is, despite all our differences, we all want to be happy, and we all can approach happiness by leading virtuous lives.

Octavio Roca and Matthew Schuh

Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

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After Virtue

Alasdair MacIntyre

Alasdair MacIntyre was born in 1929 in Glasgow, Scotland. He received his bachelor’s degree from the University of London in 1949. He completed his master’s degree at Victoria University of Manchester in 1951 and taught there until 1955. The next four years he taught at Leeds College. MacIntyre then studied at Oxford University, completing a master’s degree in 1961. He was a research fellow at Oxford in 1961–62 and at Princeton University the following year. Returning to England, he then taught at Oxford (1963–1966) and at the University of Essex (1966–1970). MacIntyre then accepted positions at Brandeis University (1970–1972), Boston University (1972–1980), Wellesley College (1980–1982), Vanderbilt University (1982–1985), the University of Notre Dame (1985–1994), and Duke University (1995–1997). He is Professor Emeritus at Duke University and from 2000 to 2007 was the Rev. John A. O’Brien Senior Research Professor and the Permanent Senior Research Fellow at the University of Notre Dame. He was elected to the American Philosophical Society in 2005.

MacIntyre’s numerous publications include The Unconscious: A Conceptual Analysis (1958; 2nd ed., 2004), A Short History of Ethics (1966; 2nd ed., 1998), Marxism and Christianity (1968; 2nd ed., 1995), After Virtue: A Study in Moral Theory (1981; 2nd ed., 1984), Whose Justice? Which Rationality? (1988), and Dependent Rational Animals: Why Human Beings Need the Virtues (1999).

Our selection is from Chapter 14 of After Virtue, “The Nature of the Virtues,” where MacIntyre defines the notion of moral virtue in terms of a “practice.” By “practice” he means a “coherent and complex form of cooperative human activity through which goods internal to that form of activity are realized in the course of trying to achieve [the] standards of excellence” of that activity. For example, chess is a practice, logical analysis is one of its internal goods, and its standards of excellence derive from the history of the game (tradition). A virtue is an acquired quality that enables a person to achieve the goods internal to a practice; moreover, it is essential for achieving those goods.

MacIntyre argues that three virtues are necessary for any human practice: justice (giving others their due), courage (being able to risk one’s personal well-being), and honesty (acknowledging the facts about situations and about oneself). Although different societies have different specific codes of justice, courage, and honesty, in no society can a practice flourish if those codes are not valued. MacIntyre concludes by contrasting practices with technical skills and with institutions, and by discussing the issue of evil practices.

From Chapter 14, “The Nature of Virtues” from Alasdair MacIntyre, After Virtue: A Study in Moral Theory, 2nd ed., pp. 187–200. Copyright © 1981, 1984 by Alasdair MacIntyre. Reprinted by permis- sion of University of Notre Dame Press.

88 An Examined Life Critical Thinking and Ethics

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After Virtue

Alasdair MacIntyre

Alasdair MacIntyre was born in 1929 in Glasgow, Scotland. He received his bachelor’s degree from the University of London in 1949. He completed his master’s degree at Victoria University of Manchester in 1951 and taught there until 1955. The next four years he taught at Leeds College. MacIntyre then studied at Oxford University, completing a master’s degree in 1961. He was a research fellow at Oxford in 1961–62 and at Princeton University the following year. Returning to England, he then taught at Oxford (1963–1966) and at the University of Essex (1966–1970). MacIntyre then accepted positions at Brandeis University (1970–1972), Boston University (1972–1980), Wellesley College (1980–1982), Vanderbilt University (1982–1985), the University of Notre Dame (1985–1994), and Duke University (1995–1997). He is Professor Emeritus at Duke University and from 2000 to 2007 was the Rev. John A. O’Brien Senior Research Professor and the Permanent Senior Research Fellow at the University of Notre Dame. He was elected to the American Philosophical Society in 2005.

MacIntyre’s numerous publications include The Unconscious: A Conceptual Analysis (1958; 2nd ed., 2004), A Short History of Ethics (1966; 2nd ed., 1998), Marxism and Christianity (1968; 2nd ed., 1995), After Virtue: A Study in Moral Theory (1981; 2nd ed., 1984), Whose Justice? Which Rationality? (1988), and Dependent Rational Animals: Why Human Beings Need the Virtues (1999).

Our selection is from Chapter 14 of After Virtue, “The Nature of the Virtues,” where MacIntyre defines the notion of moral virtue in terms of a “practice.” By “practice” he means a “coherent and complex form of cooperative human activity through which goods internal to that form of activity are realized in the course of trying to achieve [the] standards of excellence” of that activity. For example, chess is a practice, logical analysis is one of its internal goods, and its standards of excellence derive from the history of the game (tradition). A virtue is an acquired quality that enables a person to achieve the goods internal to a practice; moreover, it is essential for achieving those goods.

MacIntyre argues that three virtues are necessary for any human practice: justice (giving others their due), courage (being able to risk one’s personal well-being), and honesty (acknowledging the facts about situations and about oneself). Although different societies have different specific codes of justice, courage, and honesty, in no society can a practice flourish if those codes are not valued. MacIntyre concludes by contrasting practices with technical skills and with institutions, and by discussing the issue of evil practices.

From Chapter 14, “The Nature of Virtues” from Alasdair MacIntyre, After Virtue: A Study in Moral Theory, 2nd ed., pp. 187–200. Copyright © 1981, 1984 by Alasdair MacIntyre. Reprinted by permis- sion of University of Notre Dame Press.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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165After Virtue (selection): Reading

Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

© The McGraw−Hill Companies, 2008

After Virtue

Alasdair MacIntyre

Alasdair MacIntyre was born in 1929 in Glasgow, Scotland. He received his bachelor’s degree from the University of London in 1949. He completed his master’s degree at Victoria University of Manchester in 1951 and taught there until 1955. The next four years he taught at Leeds College. MacIntyre then studied at Oxford University, completing a master’s degree in 1961. He was a research fellow at Oxford in 1961–62 and at Princeton University the following year. Returning to England, he then taught at Oxford (1963–1966) and at the University of Essex (1966–1970). MacIntyre then accepted positions at Brandeis University (1970–1972), Boston University (1972–1980), Wellesley College (1980–1982), Vanderbilt University (1982–1985), the University of Notre Dame (1985–1994), and Duke University (1995–1997). He is Professor Emeritus at Duke University and from 2000 to 2007 was the Rev. John A. O’Brien Senior Research Professor and the Permanent Senior Research Fellow at the University of Notre Dame. He was elected to the American Philosophical Society in 2005.

MacIntyre’s numerous publications include The Unconscious: A Conceptual Analysis (1958; 2nd ed., 2004), A Short History of Ethics (1966; 2nd ed., 1998), Marxism and Christianity (1968; 2nd ed., 1995), After Virtue: A Study in Moral Theory (1981; 2nd ed., 1984), Whose Justice? Which Rationality? (1988), and Dependent Rational Animals: Why Human Beings Need the Virtues (1999).

Our selection is from Chapter 14 of After Virtue, “The Nature of the Virtues,” where MacIntyre defines the notion of moral virtue in terms of a “practice.” By “practice” he means a “coherent and complex form of cooperative human activity through which goods internal to that form of activity are realized in the course of trying to achieve [the] standards of excellence” of that activity. For example, chess is a practice, logical analysis is one of its internal goods, and its standards of excellence derive from the history of the game (tradition). A virtue is an acquired quality that enables a person to achieve the goods internal to a practice; moreover, it is essential for achieving those goods.

MacIntyre argues that three virtues are necessary for any human practice: justice (giving others their due), courage (being able to risk one’s personal well-being), and honesty (acknowledging the facts about situations and about oneself). Although different societies have different specific codes of justice, courage, and honesty, in no society can a practice flourish if those codes are not valued. MacIntyre concludes by contrasting practices with technical skills and with institutions, and by discussing the issue of evil practices.

From Chapter 14, “The Nature of Virtues” from Alasdair MacIntyre, After Virtue: A Study in Moral Theory, 2nd ed., pp. 187–200. Copyright © 1981, 1984 by Alasdair MacIntyre. Reprinted by permis- sion of University of Notre Dame Press.

88 An Examined Life Critical Thinking and Ethics “Am I a good person? Deep down, do I even really want to be a good person, or do I want to seem like a good person so that people (including myself) will approve of me? Is there a difference?” David Foster Wallace

Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

© The McGraw−Hill Companies, 2008

After Virtue

Alasdair MacIntyre

Alasdair MacIntyre was born in 1929 in Glasgow, Scotland. He received his bachelor’s degree from the University of London in 1949. He completed his master’s degree at Victoria University of Manchester in 1951 and taught there until 1955. The next four years he taught at Leeds College. MacIntyre then studied at Oxford University, completing a master’s degree in 1961. He was a research fellow at Oxford in 1961–62 and at Princeton University the following year. Returning to England, he then taught at Oxford (1963–1966) and at the University of Essex (1966–1970). MacIntyre then accepted positions at Brandeis University (1970–1972), Boston University (1972–1980), Wellesley College (1980–1982), Vanderbilt University (1982–1985), the University of Notre Dame (1985–1994), and Duke University (1995–1997). He is Professor Emeritus at Duke University and from 2000 to 2007 was the Rev. John A. O’Brien Senior Research Professor and the Permanent Senior Research Fellow at the University of Notre Dame. He was elected to the American Philosophical Society in 2005.

MacIntyre’s numerous publications include The Unconscious: A Conceptual Analysis (1958; 2nd ed., 2004), A Short History of Ethics (1966; 2nd ed., 1998), Marxism and Christianity (1968; 2nd ed., 1995), After Virtue: A Study in Moral Theory (1981; 2nd ed., 1984), Whose Justice? Which Rationality? (1988), and Dependent Rational Animals: Why Human Beings Need the Virtues (1999).

Our selection is from Chapter 14 of After Virtue, “The Nature of the Virtues,” where MacIntyre defines the notion of moral virtue in terms of a “practice.” By “practice” he means a “coherent and complex form of cooperative human activity through which goods internal to that form of activity are realized in the course of trying to achieve [the] standards of excellence” of that activity. For example, chess is a practice, logical analysis is one of its internal goods, and its standards of excellence derive from the history of the game (tradition). A virtue is an acquired quality that enables a person to achieve the goods internal to a practice; moreover, it is essential for achieving those goods.

MacIntyre argues that three virtues are necessary for any human practice: justice (giving others their due), courage (being able to risk one’s personal well-being), and honesty (acknowledging the facts about situations and about oneself). Although different societies have different specific codes of justice, courage, and honesty, in no society can a practice flourish if those codes are not valued. MacIntyre concludes by contrasting practices with technical skills and with institutions, and by discussing the issue of evil practices.

From Chapter 14, “The Nature of Virtues” from Alasdair MacIntyre, After Virtue: A Study in Moral Theory, 2nd ed., pp. 187–200. Copyright © 1981, 1984 by Alasdair MacIntyre. Reprinted by permis- sion of University of Notre Dame Press.

88 An Examined Life Critical Thinking and Ethics

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Chapter 14. The Nature of the Virtues

. . . In the Homeric1 account of the virtues—and in heroic societies more generally—the exercise of a virtue exhibits qualities which are required for sustaining a social role and for exhibiting excellence in some well-marked area of social practice: to excel is to excel at war or in the games, as Achilles does; in sustaining a household, as Penelope does; in giving counsel in the assembly, as Nestor does;2 in the telling of a tale, as Homer himself does. When Aristotle3 speaks of excellence in human activity, he sometimes though not always, refers to some well-defined type of human practice: flute- playing, or war, or geometry. I am going to suggest that this notion of a par- ticular type of practice as providing the arena in which the virtues are exhibited and in terms of which they are to receive their primary, if incom- plete, definition is crucial to the whole enterprise of identifying a core con- cept of the virtues. I hasten to add two caveats, however.

The first is to point out that my argument will not in any way imply that virtues are only exercised in the course of what I am calling practices. The second is to warn that I shall be using the word “practice” in a specially defined way which does not completely agree with current ordinary usage. . . .

By a “practice” I am going to mean any coherent and complex form of socially established cooperative human activity through which goods inter- nal to that form of activity are realized in the course of trying to achieve those standards of excellence which are appropriate to, and partially defin- itive of, that form of activity, with the result that human powers to achieve excellence, and human conceptions of the ends and goods involved, are sys- tematically extended. Tic-tac-toe is not an example of a practice in this sense, nor is throwing a football with skill; but the game of football is, and so is chess. Bricklaying is not a practice; architecture is. Planting turnips is not a practice; farming is. So are the inquiries of physics, chemistry, and biology, and so is the work of the historian, and so are painting and music. In the ancient and medieval worlds the creation and sustaining of human communities—of households, cities, nations—is generally taken to be a practice in the sense in which I have defined it. Thus the range of practices is wide: Arts, sciences, games, politics in the Aristotelian sense, the making and sustaining of family life—all fall under the concept. But the question of the precise range of practices is not at this stage of the first importance. Instead let me explain some of the key terms involved in my definition, beginning with the notion of goods internal to a practice.

Consider the example of a highly intelligent seven-year-old child whom I wish to teach to play chess, although the child has no particular desire to learn the game. The child does however have a very strong desire for candy and little chance of obtaining it. I therefore tell the child that if the child will play chess with me once a week I will give the child 50 cents worth of candy; moreover, I tell the child that I will always play in such a way that it will be difficult, but not impossible, for the child to win and that, if the child

After Virtue (selection): Reading 89 Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection) © The McGraw−Hill Companies, 2008

wins, the child will receive an extra 50 cents worth of candy. Thus motivated the child plays and plays to win. Notice however that, so long as it is the candy alone which provides the child with a good reason for playing chess, the child has no reason not to cheat and every reason to cheat, provided he or she can do so successfully. But, so we may hope, there will come a time when the child will find in those goods specific to chess, in the achievement of a certain highly particular kind of analytical skill, strategic imagination, and competitive intensity, a new set of reasons—reasons now not just for winning on a particular occasion, but for trying to excel in whatever way the game of chess demands. Now if the child cheats, he or she will be defeating not me, but himself or herself.

There are thus two kinds of good possibly to be gained by playing chess. On the one hand, there are those goods externally and contingently4

attached to chess-playing and to other practices by the accidents of social circumstance—in the case of the imaginary child, candy; in the case of real adults, such goods as prestige, status, and money. There are always alterna- tive ways for achieving such goods, and their achievement is never to be had only by engaging in some particular kind of practice. On the other hand, there are the goods internal to the practice of chess which cannot be had in any way but by playing chess or some other game of that specific kind. We call them internal for two reasons: first, as I have already suggested, because we can only specify them in terms of chess or some other game of that spe- cific kind and by means of examples from such games (otherwise the mea- gerness of our vocabulary for speaking of such goods forces us into such devices as my own resort to writing of “a certain highly particular kind of”); and secondly, because they can only be identified and recognized by the experience of participating in the practice in question. Those who lack the relevant experience are incompetent thereby as judges of internal goods. . . .

A practice involves standards of excellence and obedience to rules as well as the achievement of goods. To enter into a practice is to accept the authority of those standards and the inadequacy of my own performance as judged by them. It is to subject my own attitudes, choices, preferences, and tastes to the standards which currently and partially define the practice. Practices of course . . . have a history: Games, sciences and arts all have his- tories. Thus the standards are not themselves immune from criticism, but nonetheless we cannot be initiated into a practice without accepting the authority of the best standards realized so far. If, on starting to listen to music, I do not accept my own incapacity to judge correctly, I will never learn to hear, let alone to appreciate, Bartók’s5 last quartets. If, on starting to play baseball, I do not accept that others know better than I when to throw a fast ball and when not, I will never learn to appreciate good pitch- ing, let alone to pitch. In the realm of practices, the authority of both goods and standards operates in such a way as to rule out all subjectivist and emo- tivist analyses of judgment.6 De gustibus est disputandum.7

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© The McGraw−Hill Companies, 2006

167After Virtue (selection): ReadingAbel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

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Chapter 14. The Nature of the Virtues

. . . In the Homeric1 account of the virtues—and in heroic societies more generally—the exercise of a virtue exhibits qualities which are required for sustaining a social role and for exhibiting excellence in some well-marked area of social practice: to excel is to excel at war or in the games, as Achilles does; in sustaining a household, as Penelope does; in giving counsel in the assembly, as Nestor does;2 in the telling of a tale, as Homer himself does. When Aristotle3 speaks of excellence in human activity, he sometimes though not always, refers to some well-defined type of human practice: flute- playing, or war, or geometry. I am going to suggest that this notion of a par- ticular type of practice as providing the arena in which the virtues are exhibited and in terms of which they are to receive their primary, if incom- plete, definition is crucial to the whole enterprise of identifying a core con- cept of the virtues. I hasten to add two caveats, however.

The first is to point out that my argument will not in any way imply that virtues are only exercised in the course of what I am calling practices. The second is to warn that I shall be using the word “practice” in a specially defined way which does not completely agree with current ordinary usage. . . .

By a “practice” I am going to mean any coherent and complex form of socially established cooperative human activity through which goods inter- nal to that form of activity are realized in the course of trying to achieve those standards of excellence which are appropriate to, and partially defin- itive of, that form of activity, with the result that human powers to achieve excellence, and human conceptions of the ends and goods involved, are sys- tematically extended. Tic-tac-toe is not an example of a practice in this sense, nor is throwing a football with skill; but the game of football is, and so is chess. Bricklaying is not a practice; architecture is. Planting turnips is not a practice; farming is. So are the inquiries of physics, chemistry, and biology, and so is the work of the historian, and so are painting and music. In the ancient and medieval worlds the creation and sustaining of human communities—of households, cities, nations—is generally taken to be a practice in the sense in which I have defined it. Thus the range of practices is wide: Arts, sciences, games, politics in the Aristotelian sense, the making and sustaining of family life—all fall under the concept. But the question of the precise range of practices is not at this stage of the first importance. Instead let me explain some of the key terms involved in my definition, beginning with the notion of goods internal to a practice.

Consider the example of a highly intelligent seven-year-old child whom I wish to teach to play chess, although the child has no particular desire to learn the game. The child does however have a very strong desire for candy and little chance of obtaining it. I therefore tell the child that if the child will play chess with me once a week I will give the child 50 cents worth of candy; moreover, I tell the child that I will always play in such a way that it will be difficult, but not impossible, for the child to win and that, if the child

After Virtue (selection): Reading 89 Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection) © The McGraw−Hill Companies, 2008

wins, the child will receive an extra 50 cents worth of candy. Thus motivated the child plays and plays to win. Notice however that, so long as it is the candy alone which provides the child with a good reason for playing chess, the child has no reason not to cheat and every reason to cheat, provided he or she can do so successfully. But, so we may hope, there will come a time when the child will find in those goods specific to chess, in the achievement of a certain highly particular kind of analytical skill, strategic imagination, and competitive intensity, a new set of reasons—reasons now not just for winning on a particular occasion, but for trying to excel in whatever way the game of chess demands. Now if the child cheats, he or she will be defeating not me, but himself or herself.

There are thus two kinds of good possibly to be gained by playing chess. On the one hand, there are those goods externally and contingently4

attached to chess-playing and to other practices by the accidents of social circumstance—in the case of the imaginary child, candy; in the case of real adults, such goods as prestige, status, and money. There are always alterna- tive ways for achieving such goods, and their achievement is never to be had only by engaging in some particular kind of practice. On the other hand, there are the goods internal to the practice of chess which cannot be had in any way but by playing chess or some other game of that specific kind. We call them internal for two reasons: first, as I have already suggested, because we can only specify them in terms of chess or some other game of that spe- cific kind and by means of examples from such games (otherwise the mea- gerness of our vocabulary for speaking of such goods forces us into such devices as my own resort to writing of “a certain highly particular kind of”); and secondly, because they can only be identified and recognized by the experience of participating in the practice in question. Those who lack the relevant experience are incompetent thereby as judges of internal goods. . . .

A practice involves standards of excellence and obedience to rules as well as the achievement of goods. To enter into a practice is to accept the authority of those standards and the inadequacy of my own performance as judged by them. It is to subject my own attitudes, choices, preferences, and tastes to the standards which currently and partially define the practice. Practices of course . . . have a history: Games, sciences and arts all have his- tories. Thus the standards are not themselves immune from criticism, but nonetheless we cannot be initiated into a practice without accepting the authority of the best standards realized so far. If, on starting to listen to music, I do not accept my own incapacity to judge correctly, I will never learn to hear, let alone to appreciate, Bartók’s5 last quartets. If, on starting to play baseball, I do not accept that others know better than I when to throw a fast ball and when not, I will never learn to appreciate good pitch- ing, let alone to pitch. In the realm of practices, the authority of both goods and standards operates in such a way as to rule out all subjectivist and emo- tivist analyses of judgment.6 De gustibus est disputandum.7

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© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

© The McGraw−Hill Companies, 2008

We are now in a position to notice an important difference between what I have called internal and what I have called external goods. It is char- acteristic of what I have called external goods that, when achieved, they are always some individual’s property and possession. Moreover characteristi- cally, they are such that the more someone has of them, the less there is for other people. This is sometimes necessarily the case, as with power and fame, and sometimes is the case by reason of contingent circumstance, as with money. External goods are therefore characteristically objects of com- petition in which there must be losers as well as winners. Internal goods are indeed the outcome of competition to excel, but it is characteristic of them that their achievement is a good for the whole community who participate in the practice. So when Turner8 transformed the seascape in painting, or W. G. Grace9 advanced the art of batting in cricket in a quite new way, their achievement enriched the whole relevant community.

But what does all or any of this have to do with the concept of the virtues? It turns out that we are now in a position to formulate a first, even if partial and tentative definition of a virtue: A virtue is an acquired human quality the possession and exercise of which tends to enable us to achieve those goods which are internal to practices and the lack of which effectively prevents us from achieving any such goods. Later this definition will need amplification and amendment. But as a first approximation to an adequate definition it already illuminates the place of the virtues in human life. For it is not diffi- cult to show for a whole range of key virtues that without them the goods internal to practices are barred to us—but not just barred to us generally, barred in a very particular way.

It belongs to the concept of a practice as I have outlined it—and as we are all familiar with it already in our actual lives, whether we are painters or physicists or quarterbacks or indeed just lovers of good painting or first-rate experiments or a well-thrown pass—that its goods can only be achieved by subordinating ourselves within the practice in our relationship to other practitioners. We have to learn to recognize what is due to whom, we have to be prepared to take whatever self-endangering risks are demanded along the way, and we have to listen carefully to what we are told about our own inadequacies and to reply with the same carefulness for the facts. In other words, we have to accept as necessary components of any practice with inter- nal goods and standards of excellence the virtues of justice, courage, and honesty. For not to accept these, to be willing to cheat as our imagined child was willing to cheat in his or her early days at chess, so far bars us from achieving the standards of excellence or the goods internal to the practice that it renders the practice pointless except as a device for achieving exter- nal goods.

We can put the same point in another way. Every practice requires a cer- tain kind of relationship between those who participate in it. Now the virtues are those goods by reference to which, whether we like it or not, we define our relationships to those other people with whom we share the kind

After Virtue (selection): Reading 91 Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection) © The McGraw−Hill Companies, 2008

of purposes and standards which inform practices. Consider an example of how reference to the virtues has to be made in certain kinds of human rela- tionship.

A, B, C, and D are friends in that sense of friendship which Aristotle takes to be primary: They share in the pursuit of certain goods. In my terms, they share in a practice. D dies in obscure circumstances, A discovers how D died and tells the truth about it to B while lying to C. C discovers the lie. What A cannot then intelligibly claim is that he stands in the same relation- ship of friendship to both B and C. By telling the truth to one and lying to the other he has partially defined a difference in the relationship. Of course it is open to A to explain this difference in a number of ways; perhaps he was trying to spare C pain or perhaps he is simply cheating C. But some differ- ence in the relationship now exists as a result of the lie. For their allegiance to each other in the pursuit of common goods has been put in question.

Just as, so long as we share the standards and purposes characteristic of practices, we define our relationship to each other, whether we acknowl- edge it or not, by reference to standards of truthfulness and trust—so we define them too by reference to standards of justice and of courage. If A, a professor, gives B and C the grades that their papers deserve, but grades D because he is attracted by D’s blue eyes or is repelled by D’s dandruff, he has defined his relationship to D differently from his relationship to the other members of the class, whether he wishes it or not. Justice requires that we treat others in respect of merit or desert according to uniform and imper- sonal standards; to depart from the standards of justice in some particular instance defines our relationship with the relevant person as in some way special or distinctive.

The case with courage is a little different. We hold courage to be a virtue because the care and concern for individuals, communities, and causes which is so crucial to so much in practices requires the existence of such a virtue. If someone says that he cares for some individual, community, or cause, but is unwilling to risk harm or danger on his, her, or its own behalf, he puts in question the genuineness of his care and concern. Courage, the capacity to risk harm or danger to oneself, has its role in human life because of this connection with care and concern. This is not to say that a man can- not genuinely care and also be a coward. It is in part to say that a man who genuinely cares and has not the capacity for risking harm or danger has to define himself, both to himself and to others, as a coward. I take it then that from the standpoint of those types of relationship without which practices cannot be sustained truthfulness, justice, and courage—and perhaps some others—are genuine excellences, are virtues in the light of which we have to characterize ourselves and others, whatever our private moral standpoint or our society’s particular codes may be. For this recognition that we cannot escape the definition of our relationships in terms of such goods is perfectly compatible with the acknowledgment that different societies have and have had different codes of truthfulness, justice, and courage. Lutheran Pietists10

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

169After Virtue (selection): ReadingAbel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

© The McGraw−Hill Companies, 2008

We are now in a position to notice an important difference between what I have called internal and what I have called external goods. It is char- acteristic of what I have called external goods that, when achieved, they are always some individual’s property and possession. Moreover characteristi- cally, they are such that the more someone has of them, the less there is for other people. This is sometimes necessarily the case, as with power and fame, and sometimes is the case by reason of contingent circumstance, as with money. External goods are therefore characteristically objects of com- petition in which there must be losers as well as winners. Internal goods are indeed the outcome of competition to excel, but it is characteristic of them that their achievement is a good for the whole community who participate in the practice. So when Turner8 transformed the seascape in painting, or W. G. Grace9 advanced the art of batting in cricket in a quite new way, their achievement enriched the whole relevant community.

But what does all or any of this have to do with the concept of the virtues? It turns out that we are now in a position to formulate a first, even if partial and tentative definition of a virtue: A virtue is an acquired human quality the possession and exercise of which tends to enable us to achieve those goods which are internal to practices and the lack of which effectively prevents us from achieving any such goods. Later this definition will need amplification and amendment. But as a first approximation to an adequate definition it already illuminates the place of the virtues in human life. For it is not diffi- cult to show for a whole range of key virtues that without them the goods internal to practices are barred to us—but not just barred to us generally, barred in a very particular way.

It belongs to the concept of a practice as I have outlined it—and as we are all familiar with it already in our actual lives, whether we are painters or physicists or quarterbacks or indeed just lovers of good painting or first-rate experiments or a well-thrown pass—that its goods can only be achieved by subordinating ourselves within the practice in our relationship to other practitioners. We have to learn to recognize what is due to whom, we have to be prepared to take whatever self-endangering risks are demanded along the way, and we have to listen carefully to what we are told about our own inadequacies and to reply with the same carefulness for the facts. In other words, we have to accept as necessary components of any practice with inter- nal goods and standards of excellence the virtues of justice, courage, and honesty. For not to accept these, to be willing to cheat as our imagined child was willing to cheat in his or her early days at chess, so far bars us from achieving the standards of excellence or the goods internal to the practice that it renders the practice pointless except as a device for achieving exter- nal goods.

We can put the same point in another way. Every practice requires a cer- tain kind of relationship between those who participate in it. Now the virtues are those goods by reference to which, whether we like it or not, we define our relationships to those other people with whom we share the kind

After Virtue (selection): Reading 91 Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection) © The McGraw−Hill Companies, 2008

of purposes and standards which inform practices. Consider an example of how reference to the virtues has to be made in certain kinds of human rela- tionship.

A, B, C, and D are friends in that sense of friendship which Aristotle takes to be primary: They share in the pursuit of certain goods. In my terms, they share in a practice. D dies in obscure circumstances, A discovers how D died and tells the truth about it to B while lying to C. C discovers the lie. What A cannot then intelligibly claim is that he stands in the same relation- ship of friendship to both B and C. By telling the truth to one and lying to the other he has partially defined a difference in the relationship. Of course it is open to A to explain this difference in a number of ways; perhaps he was trying to spare C pain or perhaps he is simply cheating C. But some differ- ence in the relationship now exists as a result of the lie. For their allegiance to each other in the pursuit of common goods has been put in question.

Just as, so long as we share the standards and purposes characteristic of practices, we define our relationship to each other, whether we acknowl- edge it or not, by reference to standards of truthfulness and trust—so we define them too by reference to standards of justice and of courage. If A, a professor, gives B and C the grades that their papers deserve, but grades D because he is attracted by D’s blue eyes or is repelled by D’s dandruff, he has defined his relationship to D differently from his relationship to the other members of the class, whether he wishes it or not. Justice requires that we treat others in respect of merit or desert according to uniform and imper- sonal standards; to depart from the standards of justice in some particular instance defines our relationship with the relevant person as in some way special or distinctive.

The case with courage is a little different. We hold courage to be a virtue because the care and concern for individuals, communities, and causes which is so crucial to so much in practices requires the existence of such a virtue. If someone says that he cares for some individual, community, or cause, but is unwilling to risk harm or danger on his, her, or its own behalf, he puts in question the genuineness of his care and concern. Courage, the capacity to risk harm or danger to oneself, has its role in human life because of this connection with care and concern. This is not to say that a man can- not genuinely care and also be a coward. It is in part to say that a man who genuinely cares and has not the capacity for risking harm or danger has to define himself, both to himself and to others, as a coward. I take it then that from the standpoint of those types of relationship without which practices cannot be sustained truthfulness, justice, and courage—and perhaps some others—are genuine excellences, are virtues in the light of which we have to characterize ourselves and others, whatever our private moral standpoint or our society’s particular codes may be. For this recognition that we cannot escape the definition of our relationships in terms of such goods is perfectly compatible with the acknowledgment that different societies have and have had different codes of truthfulness, justice, and courage. Lutheran Pietists10

92 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics170 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

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brought up their children to believe that one ought to tell the truth to every- body at all times, whatever the circumstances or consequences. . . . Traditional Bantu parents brought up their children not to tell the truth to unknown strangers, since they believed that this could render the family vul- nerable to witchcraft. In our culture many of us have been brought up not to tell the truth to elderly great-aunts who invite us to admire their new hats. But each of these codes embodies an acknowledgment of the virtue of truth- fulness. So it is also with varying codes of justice and of courage.

Practices then might flourish in societies with very different codes; what they could not do is flourish in societies in which the virtues were not val- ued, although institutions and technical skills serving unified purposes might well continue to flourish. (I shall have more to say about the contrast between institutions and technical skills mobilized for a unified end, on the one hand, and practices on the other, in a moment.) For the kind of coop- eration, the kind of recognition of authority and of achievement, the kind of respect for standards and the kind of risk-taking which are characteristi- cally involved in practices demand, for example, fairness in judging oneself and others (the kind of fairness absent in my example of the professor), a ruthless truthfulness without which fairness cannot find application (the kind of truthfulness absent in my example of A, B, C, and D), and willing- ness to trust the judgments of those whose achievement in the practice give them an authority to judge which presupposes fairness and truthfulness in those judgments, and from time to time the taking of self-endangering and even achievement-endangering risks. It is no part of my thesis that great vio- linists cannot be vicious or great chess players mean-spirited. Where the virtues are required, the vices also may flourish. It is just that the vicious and mean-spirited necessarily rely on the virtues of others for the practices in which they engage to flourish and also deny themselves the experience of achieving those internal goods which may reward even not very good chess players and violinists.

To situate the virtues any further within practices it is necessary now to clarify a little further the nature of a practice by drawing two important con- trasts. The discussion so far I hope makes it clear that a practice, in the sense intended, is never just a set of technical skills, even when directed towards some unified purpose and even if the exercise of those skills can on occa- sion be valued or enjoyed for their own sake. What is distinctive in a prac- tice is, in part, the way in which conceptions of the relevant goods and ends which the technical skills serve—and every practice does require the exer- cise of technical skills—are transformed and enriched by these extensions of human powers and by that regard for its own internal goods which are partially definitive of each particular practice or type of practice. Practices never have a goal or goals fixed for all time—painting has no such goal nor has physics—but the goals themselves are transmuted by the history of the activity. It therefore turns out not to be accidental that every practice has its own history and a history which is more and other than that of the improve-

After Virtue (selection): Reading 93 Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection) © The McGraw−Hill Companies, 2008

ment of the relevant technical skills. This historical dimension is crucial in relation to the virtues.

To enter into a practice is to enter into a relationship not only with its contemporary practitioners, but also with those who have preceded us in the practice, particularly those whose achievements extended the reach of the practice to its present point. It is thus the achievement—and, a for- tiori,11 the authority—of a tradition which I then confront and from which I have to learn. And for this learning and the relationship to the past which it embodies, the virtues of justice, courage, and truthfulness are prerequi- site in precisely the same way and for precisely the same reasons as they are in sustaining present relationships within practices.

It is not only, of course, with sets of technical skills that practices ought to be contrasted. Practices must not be confused with institutions. Chess, physics, and medicine are practices; chess clubs, laboratories, universities, and hospitals are institutions. Institutions are characteristically and neces- sarily concerned with what I have called external goods. They are involved in acquiring money and other material goods; they are structured in terms of power and status, and they distribute money, power, and status as rewards. Nor could they do otherwise if they are to sustain not only them- selves, but also the practices of which they are the bearers. For no practices can survive for any length of time unsustained by institutions. Indeed so inti- mate is the relationship of practices to institutions—and consequently of the goods external to the goods internal to the practices in question—that institutions and practices characteristically form a single causal order in which the ideals and the creativity of the practice are always vulnerable to the acquisitiveness of the institution, in which the cooperative care for com- mon goods of the practice is always vulnerable to the competitiveness of the institution. In this context the essential function of the virtues is clear. Without them—without justice, courage, and truthfulness—practices could not resist the corrupting power of institutions. . . .

Virtues then stand in a different relationship to external and to internal goods. The possession of the virtues—and not only of their semblance and simulacra12—is necessary to achieve the latter; yet the possession of the virtues may perfectly well hinder us in achieving external goods. I need to emphasize at this point that external goods genuinely are goods. Not only are they characteristic objects of human desire, whose allocation is what gives point to the virtues of justice and of generosity, but no one can despise them altogether without a certain hypocrisy. Yet notoriously the cultivation of truthfulness, justice, and courage will often—the world being what it con- tingently is—bar us from being rich or famous or powerful. Thus, although we may hope that we can not only achieve the standards of excellence and the internal goods of certain practices by possessing the virtues and become rich, famous, and powerful, the virtues are always a potential stumbling block to this comfortable ambition. We should therefore expect that, if in a particular society the pursuit of external goods were to become dominant,

94 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

171After Virtue (selection): ReadingAbel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

© The McGraw−Hill Companies, 2008

brought up their children to believe that one ought to tell the truth to every- body at all times, whatever the circumstances or consequences. . . . Traditional Bantu parents brought up their children not to tell the truth to unknown strangers, since they believed that this could render the family vul- nerable to witchcraft. In our culture many of us have been brought up not to tell the truth to elderly great-aunts who invite us to admire their new hats. But each of these codes embodies an acknowledgment of the virtue of truth- fulness. So it is also with varying codes of justice and of courage.

Practices then might flourish in societies with very different codes; what they could not do is flourish in societies in which the virtues were not val- ued, although institutions and technical skills serving unified purposes might well continue to flourish. (I shall have more to say about the contrast between institutions and technical skills mobilized for a unified end, on the one hand, and practices on the other, in a moment.) For the kind of coop- eration, the kind of recognition of authority and of achievement, the kind of respect for standards and the kind of risk-taking which are characteristi- cally involved in practices demand, for example, fairness in judging oneself and others (the kind of fairness absent in my example of the professor), a ruthless truthfulness without which fairness cannot find application (the kind of truthfulness absent in my example of A, B, C, and D), and willing- ness to trust the judgments of those whose achievement in the practice give them an authority to judge which presupposes fairness and truthfulness in those judgments, and from time to time the taking of self-endangering and even achievement-endangering risks. It is no part of my thesis that great vio- linists cannot be vicious or great chess players mean-spirited. Where the virtues are required, the vices also may flourish. It is just that the vicious and mean-spirited necessarily rely on the virtues of others for the practices in which they engage to flourish and also deny themselves the experience of achieving those internal goods which may reward even not very good chess players and violinists.

To situate the virtues any further within practices it is necessary now to clarify a little further the nature of a practice by drawing two important con- trasts. The discussion so far I hope makes it clear that a practice, in the sense intended, is never just a set of technical skills, even when directed towards some unified purpose and even if the exercise of those skills can on occa- sion be valued or enjoyed for their own sake. What is distinctive in a prac- tice is, in part, the way in which conceptions of the relevant goods and ends which the technical skills serve—and every practice does require the exer- cise of technical skills—are transformed and enriched by these extensions of human powers and by that regard for its own internal goods which are partially definitive of each particular practice or type of practice. Practices never have a goal or goals fixed for all time—painting has no such goal nor has physics—but the goals themselves are transmuted by the history of the activity. It therefore turns out not to be accidental that every practice has its own history and a history which is more and other than that of the improve-

After Virtue (selection): Reading 93 Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection) © The McGraw−Hill Companies, 2008

ment of the relevant technical skills. This historical dimension is crucial in relation to the virtues.

To enter into a practice is to enter into a relationship not only with its contemporary practitioners, but also with those who have preceded us in the practice, particularly those whose achievements extended the reach of the practice to its present point. It is thus the achievement—and, a for- tiori,11 the authority—of a tradition which I then confront and from which I have to learn. And for this learning and the relationship to the past which it embodies, the virtues of justice, courage, and truthfulness are prerequi- site in precisely the same way and for precisely the same reasons as they are in sustaining present relationships within practices.

It is not only, of course, with sets of technical skills that practices ought to be contrasted. Practices must not be confused with institutions. Chess, physics, and medicine are practices; chess clubs, laboratories, universities, and hospitals are institutions. Institutions are characteristically and neces- sarily concerned with what I have called external goods. They are involved in acquiring money and other material goods; they are structured in terms of power and status, and they distribute money, power, and status as rewards. Nor could they do otherwise if they are to sustain not only them- selves, but also the practices of which they are the bearers. For no practices can survive for any length of time unsustained by institutions. Indeed so inti- mate is the relationship of practices to institutions—and consequently of the goods external to the goods internal to the practices in question—that institutions and practices characteristically form a single causal order in which the ideals and the creativity of the practice are always vulnerable to the acquisitiveness of the institution, in which the cooperative care for com- mon goods of the practice is always vulnerable to the competitiveness of the institution. In this context the essential function of the virtues is clear. Without them—without justice, courage, and truthfulness—practices could not resist the corrupting power of institutions. . . .

Virtues then stand in a different relationship to external and to internal goods. The possession of the virtues—and not only of their semblance and simulacra12—is necessary to achieve the latter; yet the possession of the virtues may perfectly well hinder us in achieving external goods. I need to emphasize at this point that external goods genuinely are goods. Not only are they characteristic objects of human desire, whose allocation is what gives point to the virtues of justice and of generosity, but no one can despise them altogether without a certain hypocrisy. Yet notoriously the cultivation of truthfulness, justice, and courage will often—the world being what it con- tingently is—bar us from being rich or famous or powerful. Thus, although we may hope that we can not only achieve the standards of excellence and the internal goods of certain practices by possessing the virtues and become rich, famous, and powerful, the virtues are always a potential stumbling block to this comfortable ambition. We should therefore expect that, if in a particular society the pursuit of external goods were to become dominant,

94 An Examined Life Critical Thinking and Ethics

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© The McGraw−Hill Companies, 2008

the concept of the virtues might suffer first attrition and then perhaps some- thing near total effacement, although simulacra might abound. . . .

I have defined the virtues partly in terms of their place in practices. But surely, it may be suggested, some practices—that is, some coherent human activities which answer to the description of what I have called a practice— are evil. So, in discussions by some moral philosophers of this type of account of the virtues, it has been suggested that torture and sadomasochistic sexual activities might be examples of practices. But how can a disposition be a virtue if it is the kind of disposition which sustains practices and some prac- tices issue in evil? My answer to this objection falls into two pans.

First I want to allow that there may be practices—in the sense in which I understand the concept—which simply are evil. I am far from convinced that there are, and I do not in fact believe that either torture or sado- masochistic sexuality answer to the description of a practice which my account of the virtues employs. But I do not want to rest my case on this lack of conviction, especially since it is plain that as a matter of contingent fact many types of practice may on particular occasions be productive of evil. For the range of practices includes the arts, the sciences, and certain types of intellectual and athletic games. And it is at once obvious that any of these may under certain conditions be a source of evil: The desire to excel and to win can corrupt; a man may be so engrossed by his painting that he neglects his family; what was initially an honorable resort to war can issue in savage cruelty. But what follows from this?

It certainly is not the case that my account entails either that we ought to excuse or condone such evils or that whatever flows from a virtue is right. I do have to allow that courage sometimes sustains injustice, that loyalty has been known to strengthen a murderous aggressor, and that generosity has sometimes weakened the capacity to do good. To deny this would be to fly in the face of . . . empirical facts. . . . That the virtues need initially to be defined and explained with reference to the notion of a practice thus in no way entails approval of all practices in all circumstances. That the virtues— as the objection itself presupposed—are defined not in terms of good and right practices, but of practices, does not entail or imply that practices as actually carried through at particular times and places do not stand in need of moral criticism. And the resources for such criticism are not lacking. There is in the first place no inconsistency in appealing to the requirements of a virtue to criticize a practice. Justice may be initially defined as a dispo- sition which in its particular way is necessary to sustain practices; it does not follow that in pursuing the requirements of a practice violations of justice are not to be condemned. Moreover . . . a morality of virtues requires as its counterpart a conception of moral law. Its requirements too have to be met by practices.

After Virtue (selection): Reading 95 Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection) © The McGraw−Hill Companies, 2008

� N O T E S

1. Homeric: derived from the works of Greek epic poet Homer (ninth or eighth century B.C.E.) [D. C. ABEL, EDITOR]

2. Achilles, Penelope, and Nestor are characters in Homer’s poems. [D. C. ABEL]

3. Aristotle (384–322 B.C.E.) was a Greek philosopher. [D. C. ABEL] 4. contingently: capable of being otherwise, or of not occurring at all; not

necessary [D. C. ABEL] 5. Béla Bartók (1881–1945) was a Hungarian composer. [D. C. ABEL] 6. A subjectivist analysis holds that the truth of a judgment is determined by

the individual person’s opinion; an emotivist analysis holds that the truth of a judgment is determined, more specifically, by the individual’s emo- tional reaction. [D. C. ABEL]

7. De gustibus est disputandum: (Latin) “We can dispute about tastes.} MacIntyre alters the traditional saying De gustibus non est disputandum, “We cannot dispute about tastes.” [D. C. ABEL]

8. Joseph Mallord William Turner (1775–1851) was an English painter. [D. C. ABEL]

9. Grace (1848–1915) was an English cricket player. [D. C. ABEL] 10. Pietists: members of a seventeenth- and eighteenth-century religious

movement within Lutheranism [D. C. ABEL] 11. a fortiori: (Latin, “from the stronger [argument]”) with all the more rea-

son [D. C. ABEL] 12. simulacra: images [D. C. ABEL]

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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173After Virtue (selection): ReadingAbel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

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the concept of the virtues might suffer first attrition and then perhaps some- thing near total effacement, although simulacra might abound. . . .

I have defined the virtues partly in terms of their place in practices. But surely, it may be suggested, some practices—that is, some coherent human activities which answer to the description of what I have called a practice— are evil. So, in discussions by some moral philosophers of this type of account of the virtues, it has been suggested that torture and sadomasochistic sexual activities might be examples of practices. But how can a disposition be a virtue if it is the kind of disposition which sustains practices and some prac- tices issue in evil? My answer to this objection falls into two pans.

First I want to allow that there may be practices—in the sense in which I understand the concept—which simply are evil. I am far from convinced that there are, and I do not in fact believe that either torture or sado- masochistic sexuality answer to the description of a practice which my account of the virtues employs. But I do not want to rest my case on this lack of conviction, especially since it is plain that as a matter of contingent fact many types of practice may on particular occasions be productive of evil. For the range of practices includes the arts, the sciences, and certain types of intellectual and athletic games. And it is at once obvious that any of these may under certain conditions be a source of evil: The desire to excel and to win can corrupt; a man may be so engrossed by his painting that he neglects his family; what was initially an honorable resort to war can issue in savage cruelty. But what follows from this?

It certainly is not the case that my account entails either that we ought to excuse or condone such evils or that whatever flows from a virtue is right. I do have to allow that courage sometimes sustains injustice, that loyalty has been known to strengthen a murderous aggressor, and that generosity has sometimes weakened the capacity to do good. To deny this would be to fly in the face of . . . empirical facts. . . . That the virtues need initially to be defined and explained with reference to the notion of a practice thus in no way entails approval of all practices in all circumstances. That the virtues— as the objection itself presupposed—are defined not in terms of good and right practices, but of practices, does not entail or imply that practices as actually carried through at particular times and places do not stand in need of moral criticism. And the resources for such criticism are not lacking. There is in the first place no inconsistency in appealing to the requirements of a virtue to criticize a practice. Justice may be initially defined as a dispo- sition which in its particular way is necessary to sustain practices; it does not follow that in pursuing the requirements of a practice violations of justice are not to be condemned. Moreover . . . a morality of virtues requires as its counterpart a conception of moral law. Its requirements too have to be met by practices.

After Virtue (selection): Reading 95 Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection) © The McGraw−Hill Companies, 2008

� N O T E S

1. Homeric: derived from the works of Greek epic poet Homer (ninth or eighth century B.C.E.) [D. C. ABEL, EDITOR]

2. Achilles, Penelope, and Nestor are characters in Homer’s poems. [D. C. ABEL]

3. Aristotle (384–322 B.C.E.) was a Greek philosopher. [D. C. ABEL] 4. contingently: capable of being otherwise, or of not occurring at all; not

necessary [D. C. ABEL] 5. Béla Bartók (1881–1945) was a Hungarian composer. [D. C. ABEL] 6. A subjectivist analysis holds that the truth of a judgment is determined by

the individual person’s opinion; an emotivist analysis holds that the truth of a judgment is determined, more specifically, by the individual’s emo- tional reaction. [D. C. ABEL]

7. De gustibus est disputandum: (Latin) “We can dispute about tastes.} MacIntyre alters the traditional saying De gustibus non est disputandum, “We cannot dispute about tastes.” [D. C. ABEL]

8. Joseph Mallord William Turner (1775–1851) was an English painter. [D. C. ABEL]

9. Grace (1848–1915) was an English cricket player. [D. C. ABEL] 10. Pietists: members of a seventeenth- and eighteenth-century religious

movement within Lutheranism [D. C. ABEL] 11. a fortiori: (Latin, “from the stronger [argument]”) with all the more rea-

son [D. C. ABEL] 12. simulacra: images [D. C. ABEL]

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174 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and EthicsAbel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

© The McGraw−Hill Companies, 2008

After Virtue Alasdair MacIntyre

Reading Questions

According to MacIntyre:

1. Why do chess, architecture, and farming qualify as practices, while tic- tac-toe, bricklaying, and planting turnips do not?

2. How do internal goods of a practice differ from external goods achieved by a practice?

3. How is the notion of virtue related to the notion of a practice?

4. Why are the virtues of justice, courage, and honesty essential to partici- pating in a practice?

5. Why would virtues become endangered in a society in which the pursuit of external goods predominates over the pursuit of internal goods?

Discussion Questions

In your own view:

1. Do all cooperative human activities have internal goods?

2. Do people who violate the rule of a practice harm themselves?

3. Are all virtues necessarily connected with practices?

4. Are the virtues of justice, courage, and honesty essential to every practice?

5. Can virtues produce evil results?

After Virtue (selection): Reading 97

© Leo Cullum/The New Yorker Collection/from www.cartoonbank.com

98 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

175“I’ve tried a lot of life strategies, and being completely self-serving works best for me.”Abel: Discourses Ethical Theories Alasdair MacIntyre, ‘‘After Virtue’’ (selection)

© The McGraw−Hill Companies, 2008

After Virtue Alasdair MacIntyre

Reading Questions

According to MacIntyre:

1. Why do chess, architecture, and farming qualify as practices, while tic- tac-toe, bricklaying, and planting turnips do not?

2. How do internal goods of a practice differ from external goods achieved by a practice?

3. How is the notion of virtue related to the notion of a practice?

4. Why are the virtues of justice, courage, and honesty essential to partici- pating in a practice?

5. Why would virtues become endangered in a society in which the pursuit of external goods predominates over the pursuit of internal goods?

Discussion Questions

In your own view:

1. Do all cooperative human activities have internal goods?

2. Do people who violate the rule of a practice harm themselves?

3. Are all virtues necessarily connected with practices?

4. Are the virtues of justice, courage, and honesty essential to every practice?

5. Can virtues produce evil results?

After Virtue (selection): Reading 97

© Leo Cullum/The New Yorker Collection/from www.cartoonbank.com

98 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

176

BIBLIOGRAPHY

Alasdair MacIntyre, After Virtue: A Study in Moral Theory. 2nd ed. Notre Dame, Ind.: University of Notre Dame Press, 1984.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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177Chapter 6: Does It Matter How I Feel About It? Ethical Subjectivism

CHAPTER 6: Does It Matter How I Feel

About It? Ethical Subjectivism

INTRODUCTION

As Ernest Hemmingway once said, “What is moral is what you feel good after, and what is immoral is what you feel bad after.” (citation needed).

David Hume’s ethical theory is based upon his theory of perception and of metaphysics. Most contemporary philosophers interpret Hume as a sentimentalist- that sentiments or feeling are the basis of ethical statements. This view is based in part upon his various works, including the Treatise of Human Nature. In that book Hume states“ An impression first strikes upon the senses, and makes us perceive heat or cold, thirst or hunger, pleasure or pain, of some kind or other. Of this impression there is a copy taken by the mind, which remains after the impression ceases; and this we call an idea. This idea of pleasure or pain, when it returns upon the soul, produces the new impressions of desire and aversion, hope and fear, which may properly be called impressions of reflection, because derived from it” (T 1.1.2.2- Treatise of Human Nature, “Of Morals” ).

Some philosophers take the quote above and other like it to posit the thesis that Hume is actual some sort of utilitarian-given his reliance upon pain and pleasure for the determination of actions. Yet the standard view is that Hume is bases ethical determination upon sentiments or feelings. A sentimentalist, in general, argues that our feelings guide or determine ethics. If we feel good about something, it is good, if we feel repulsed by something it is bad.

The main problem with any view that relies upon sentiments, feelings, or intuitions is that not all people share those same feelings. For example, several years ago a man in Texas called 911 claiming to be eating his girlfriend for breakfast. If you make such a call, be certain the police will come to your door! In this case, the man was indeed eating his now deceased girlfriend- and had been doing so for several days. On a sentimentalist view of ethics, if a person feels it is right to become a cannibal, then it is right to be a cannibal so long as they are acting in accordance with their feelings!

This, of course, seems outrageous to most reasonable persons, yet it illustrates a fundamental flaw with basing ethics upon subjective intuitions, feelings, or sentiments- there is no basis for rational deliberation. If you feel sick seeing an interaction couple together, then it is wrong (for you). Yet obviously the interracial couple does not share your sentiment.

“The rules of morality are not the conclusion of our reason.” David Hume

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An Examined Life: Critical Thinking and Ethics178 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Octavio Roca and Matthew Schuh

Hume, with his usual flare, embraces this apparent absurd position when he states: “‘’Tis not contrary to reason to prefer the destruction of the whole world to the scratching of my finger. ‘Tis not contrary to reason for me to chose my total ruin, to prevent the least uneasiness of an Indian or person wholly unknown to me. ‘Tis as little contrary to reason to prefer even my own acknowledged lesser good to my greater, and have a more ardent affection for the former than for the latter.” (2.3.3.6)

“Take any action allowed to be vicious: Wilful murder, for instance. Examine it in all lights, and see if you can find that matter of fact, or real existence, which you call vice. In whichever way you take it, you find only certain passions, motives, volitions and thoughts. There is no other matter of fact in the case. The vice entirely escapes you, as long as you consider the object. You never can find it, till you turn your reflex- ion into your own breast, and find a sentiment of disapprobation, which arises in you, towards this action. Here is a matter of fact; but ‘tis the object of feeling, not of reason.” David Hume.

Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

© The McGraw−Hill Companies, 2006

A Treatise of Human Nature

David Hume

David Hume was born in 1711 in Edinburgh, Scotland. His family wanted him to become a lawyer, but he found himself more interested in liberal arts than law. After three years at the University of Edinburgh (1723–1725), Hume withdrew to study literature, history, and philosophy privately at home. His intensive study took its toll on his health, and in 1729 he nearly had a nervous breakdown. In 1734 Hume went to Bristol, England, to take a job as a clerk for a sugar company. But he disliked the life of commerce and soon resigned his job. Hume then lived in France three years, studying philosophy. In 1744 he applied for a position in moral philosophy at the University of Edinburgh. Not chosen for the post, he spent the next several years in various occupations in England and abroad. Hume lived in Edinburgh from 1751 to 1763 and then went to Paris, where he served as secretary to the British Embassy for three years. Upon his return, he first lived in London but then moved back to Edinburgh, where he died in 1776.

Hume’s major works are A Treatise of Human Nature (three volumes, 1739–1740), An Enquiry Concerning Human Understanding (1748; originally entitled Philosophical Essays Concerning Human Understanding, but renamed in the 1758 edition), An Enquiry Concerning the Principles of Morals (1751), History of England (six volumes, 1754–1762), and Dialogues Concerning Natural Religion (published posthumously, 1779).

Our selection is from Book I of A Treatise of Human Nature, titled “Of the Understanding.” In the reading from Part I, Section I, “Of the Origin of Our Ideas,” Hume distinguishes two kinds of perceptions of the mind: impressions and ideas. Impressions are perceptions that are forceful and lively—namely, “all our sensations, passions and emotions as they make their first appearance in the soul.” Ideas are perceptions less forceful and lively than impressions. Hume maintains that all ideas derive from perceptions; for example, a faint image I have of a tree comes from my original perception of the tree. When an idea is complex rather than simple, each element can be traced back ultimately to a simple impression.

In Part IV, Section VI, “Of Personal Identity,” Hume applies his doctrine of the origin of ideas to the notion of the “self.” We may think we have an idea of self as an unchanging entity that underlies all our experiences and makes us the same person from one moment to the next. But if the self is to be a genuine idea, it must derive from an impression. When Hume looks inside what he calls “himself,” he finds no impression of a “self”; all he encounters is “a bundle or collection of different perceptions, which succeed each other with an inconceivable rapidity and are in a perpetual flux and movement.” Consequently, there is no idea of the self; there is no self. Hume then explains how we come to create the fiction of the “self” and rejects the theory that memory produces personal identity.

BOOK I: OF THE UNDERSTANDING

Part I: Of Ideas, Their Origin, Composition, Connexion, Abstraction, etc.

Section I: Of the Origin of Our Ideas All the perceptions of the human mind resolve themselves into two distinct kinds, which I shall call IMPRES- SIONS and IDEAS. The difference between these consists in the degrees of

A Treatise of Human Nature (selection): Reading 99

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

A Treatise of Human Nature (selection): Reading 179Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

© The McGraw−Hill Companies, 2006

A Treatise of Human Nature

David Hume

David Hume was born in 1711 in Edinburgh, Scotland. His family wanted him to become a lawyer, but he found himself more interested in liberal arts than law. After three years at the University of Edinburgh (1723–1725), Hume withdrew to study literature, history, and philosophy privately at home. His intensive study took its toll on his health, and in 1729 he nearly had a nervous breakdown. In 1734 Hume went to Bristol, England, to take a job as a clerk for a sugar company. But he disliked the life of commerce and soon resigned his job. Hume then lived in France three years, studying philosophy. In 1744 he applied for a position in moral philosophy at the University of Edinburgh. Not chosen for the post, he spent the next several years in various occupations in England and abroad. Hume lived in Edinburgh from 1751 to 1763 and then went to Paris, where he served as secretary to the British Embassy for three years. Upon his return, he first lived in London but then moved back to Edinburgh, where he died in 1776.

Hume’s major works are A Treatise of Human Nature (three volumes, 1739–1740), An Enquiry Concerning Human Understanding (1748; originally entitled Philosophical Essays Concerning Human Understanding, but renamed in the 1758 edition), An Enquiry Concerning the Principles of Morals (1751), History of England (six volumes, 1754–1762), and Dialogues Concerning Natural Religion (published posthumously, 1779).

Our selection is from Book I of A Treatise of Human Nature, titled “Of the Understanding.” In the reading from Part I, Section I, “Of the Origin of Our Ideas,” Hume distinguishes two kinds of perceptions of the mind: impressions and ideas. Impressions are perceptions that are forceful and lively—namely, “all our sensations, passions and emotions as they make their first appearance in the soul.” Ideas are perceptions less forceful and lively than impressions. Hume maintains that all ideas derive from perceptions; for example, a faint image I have of a tree comes from my original perception of the tree. When an idea is complex rather than simple, each element can be traced back ultimately to a simple impression.

In Part IV, Section VI, “Of Personal Identity,” Hume applies his doctrine of the origin of ideas to the notion of the “self.” We may think we have an idea of self as an unchanging entity that underlies all our experiences and makes us the same person from one moment to the next. But if the self is to be a genuine idea, it must derive from an impression. When Hume looks inside what he calls “himself,” he finds no impression of a “self”; all he encounters is “a bundle or collection of different perceptions, which succeed each other with an inconceivable rapidity and are in a perpetual flux and movement.” Consequently, there is no idea of the self; there is no self. Hume then explains how we come to create the fiction of the “self” and rejects the theory that memory produces personal identity.

BOOK I: OF THE UNDERSTANDING

Part I: Of Ideas, Their Origin, Composition, Connexion, Abstraction, etc.

Section I: Of the Origin of Our Ideas All the perceptions of the human mind resolve themselves into two distinct kinds, which I shall call IMPRES- SIONS and IDEAS. The difference between these consists in the degrees of

A Treatise of Human Nature (selection): Reading 99

08_bos5511X_Ch06_p177-186.indd 179 7/24/14 8:40 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics180 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

© The McGraw−Hill Companies, 2006

force and liveliness with which they strike upon the mind and make their way into our thought or consciousness. Those perceptions which enter with most force and violence, we may name impressions; and under this name I comprehend all our sensations, passions, and emotions as they make their first appearance in the soul. By ideas I mean the faint images of these in thinking and reasoning; such as, for instance, are all the perceptions excit- ed by the present discourse, excepting only those which arise from the sight and touch, and excepting the immediate pleasure or uneasiness it may occasion. . . .

There is another division of our perceptions which it will be conven- ient to observe and which extends itself both to our impressions and ideas. This division is into SIMPLE and COMPLEX. Simple perceptions or impres- sions and ideas are such as admit of no distinction nor separation. The complex are the contrary to these and may be distinguished into parts. Though a particular colour, taste, and smell are qualities all united togeth- er in this apple, it is easy to perceive they are not the same, but are at least distinguishable from each other.

Having by these divisions given an order and arrangement to our ob- jects, we may now apply ourselves to consider with the more accuracy their qualities and relations. The first circumstance that strikes my eye is the great resemblance between our impressions and ideas in every other par- ticular, except their degree of force and vivacity. The one seem to be in a manner the reflexion of the other; so that all the perceptions of the mind are double and appear both as impressions and ideas. When I shut my eyes and think of my chamber, the ideas I form are exact representations of the impressions I felt; nor is there any circumstance of the one, which is not to be found in the other. In running over my other perceptions, I find still the same resemblance and representation. Ideas and impressions appear always to correspond to each other. This circumstance seems to me re- markable and engages my attention for a moment.

Upon a more accurate survey I find I have been carried away too far by the first appearance, and that I must make use of the distinction of percep- tions into simple and complex, to limit this general decision1 that all our ideas and impressions are resembling.2 I observe that many of our complex ideas never had impressions that corresponded to them, and that many of our complex impressions never are exactly copied in ideas. I can imagine to myself such a city as the New Jerusalem, whose pavement is gold and walls are rubies, though I never saw any such. I have seen Paris; but shall I affirm I can form such an idea of that city, as will perfectly represent all its streets and houses in their real and just proportions?

I perceive, therefore, that though there is in general a great resem- blance between our complex impressions and ideas, yet the rule is not uni- versally true that they are exact copies of each other. We may next consider how the case stands with our simple perceptions. After the most accurate ex- amination of which I am capable, I venture to affirm that the rule here

100 An Examined Life Critical Thinking and Ethics Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

© The McGraw−Hill Companies, 2006

holds without any exception, and that every simple idea has a simple im- pression, which resembles it; and every simple impression a correspondent idea. That idea of red which we form in the dark, and that impression which strikes our eyes in sunshine, differ only in degree, not in nature. That the case is the same with all our simple impressions and ideas, it is im- possible to prove by a particular enumeration of them. Everyone may satis- fy himself in this point by running over as many as he pleases. But if any one should deny this universal resemblance, I know no way of convincing him, but by desiring him to show a simple impression that has not a corre- spondent idea, or a simple idea that has not a correspondent impression. If he does not answer this challenge, as it is certain he cannot, we may from his silence and our own observation establish our conclusion.

Thus we find that all simple ideas and impressions resemble each other; and as the complex are formed from them, we may affirm in general that these two species of perception are exactly correspondent. Having dis- covered this relation, which requires no farther examination, I am curious to find some other of their qualities. Let us consider how they stand with regard to their existence, and which of the impressions and ideas are caus- es, and which effects.

The full examination of this question is the subject of the present trea- tise; and therefore we shall here content ourselves with establishing one general proposition, that all our simple ideas in their first appearance are derived from simple impressions which are correspondent to them and which they exactly rep- resent. . . .

Part IV: Of the Sceptical and Other Systems of Philosophy

Section VI: Of Personal Identity There are some philosophers who imag- ine we are every moment intimately conscious of what we call our SELF; that we feel its existence and its continuance in existence; and are certain, beyond the evidence of a demonstration, both of its perfect identity and simplicity. . . .

Unluckily all these positive assertions are contrary to that very experi- ence which is pleaded for them, nor have we any idea of self, after the man- ner it is here explained. For from what impression could this idea be de- rived? This question it is impossible to answer without a manifest contradiction and absurdity; and yet it is a question which must necessarily be answered if we would have the idea of self pass for clear and intelligible. It must be some one impression that gives rise to every real idea. But self or person is not any one impression, but that to which our several impres- sions and ideas are supposed to have a reference. If any impression gives rise to the idea of self, that impression must continue invariably the same through the whole course of our lives; since self is supposed to exist after that manner. But there is no impression constant and invariable. Pain and pleasure, grief and joy, passions and sensations succeed each other and never all exist at the same time. It cannot, therefore, be from any of these

A Treatise of Human Nature (selection): Reading 101

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

A Treatise of Human Nature (selection): Reading 181Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

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force and liveliness with which they strike upon the mind and make their way into our thought or consciousness. Those perceptions which enter with most force and violence, we may name impressions; and under this name I comprehend all our sensations, passions, and emotions as they make their first appearance in the soul. By ideas I mean the faint images of these in thinking and reasoning; such as, for instance, are all the perceptions excit- ed by the present discourse, excepting only those which arise from the sight and touch, and excepting the immediate pleasure or uneasiness it may occasion. . . .

There is another division of our perceptions which it will be conven- ient to observe and which extends itself both to our impressions and ideas. This division is into SIMPLE and COMPLEX. Simple perceptions or impres- sions and ideas are such as admit of no distinction nor separation. The complex are the contrary to these and may be distinguished into parts. Though a particular colour, taste, and smell are qualities all united togeth- er in this apple, it is easy to perceive they are not the same, but are at least distinguishable from each other.

Having by these divisions given an order and arrangement to our ob- jects, we may now apply ourselves to consider with the more accuracy their qualities and relations. The first circumstance that strikes my eye is the great resemblance between our impressions and ideas in every other par- ticular, except their degree of force and vivacity. The one seem to be in a manner the reflexion of the other; so that all the perceptions of the mind are double and appear both as impressions and ideas. When I shut my eyes and think of my chamber, the ideas I form are exact representations of the impressions I felt; nor is there any circumstance of the one, which is not to be found in the other. In running over my other perceptions, I find still the same resemblance and representation. Ideas and impressions appear always to correspond to each other. This circumstance seems to me re- markable and engages my attention for a moment.

Upon a more accurate survey I find I have been carried away too far by the first appearance, and that I must make use of the distinction of percep- tions into simple and complex, to limit this general decision1 that all our ideas and impressions are resembling.2 I observe that many of our complex ideas never had impressions that corresponded to them, and that many of our complex impressions never are exactly copied in ideas. I can imagine to myself such a city as the New Jerusalem, whose pavement is gold and walls are rubies, though I never saw any such. I have seen Paris; but shall I affirm I can form such an idea of that city, as will perfectly represent all its streets and houses in their real and just proportions?

I perceive, therefore, that though there is in general a great resem- blance between our complex impressions and ideas, yet the rule is not uni- versally true that they are exact copies of each other. We may next consider how the case stands with our simple perceptions. After the most accurate ex- amination of which I am capable, I venture to affirm that the rule here

100 An Examined Life Critical Thinking and Ethics Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

© The McGraw−Hill Companies, 2006

holds without any exception, and that every simple idea has a simple im- pression, which resembles it; and every simple impression a correspondent idea. That idea of red which we form in the dark, and that impression which strikes our eyes in sunshine, differ only in degree, not in nature. That the case is the same with all our simple impressions and ideas, it is im- possible to prove by a particular enumeration of them. Everyone may satis- fy himself in this point by running over as many as he pleases. But if any one should deny this universal resemblance, I know no way of convincing him, but by desiring him to show a simple impression that has not a corre- spondent idea, or a simple idea that has not a correspondent impression. If he does not answer this challenge, as it is certain he cannot, we may from his silence and our own observation establish our conclusion.

Thus we find that all simple ideas and impressions resemble each other; and as the complex are formed from them, we may affirm in general that these two species of perception are exactly correspondent. Having dis- covered this relation, which requires no farther examination, I am curious to find some other of their qualities. Let us consider how they stand with regard to their existence, and which of the impressions and ideas are caus- es, and which effects.

The full examination of this question is the subject of the present trea- tise; and therefore we shall here content ourselves with establishing one general proposition, that all our simple ideas in their first appearance are derived from simple impressions which are correspondent to them and which they exactly rep- resent. . . .

Part IV: Of the Sceptical and Other Systems of Philosophy

Section VI: Of Personal Identity There are some philosophers who imag- ine we are every moment intimately conscious of what we call our SELF; that we feel its existence and its continuance in existence; and are certain, beyond the evidence of a demonstration, both of its perfect identity and simplicity. . . .

Unluckily all these positive assertions are contrary to that very experi- ence which is pleaded for them, nor have we any idea of self, after the man- ner it is here explained. For from what impression could this idea be de- rived? This question it is impossible to answer without a manifest contradiction and absurdity; and yet it is a question which must necessarily be answered if we would have the idea of self pass for clear and intelligible. It must be some one impression that gives rise to every real idea. But self or person is not any one impression, but that to which our several impres- sions and ideas are supposed to have a reference. If any impression gives rise to the idea of self, that impression must continue invariably the same through the whole course of our lives; since self is supposed to exist after that manner. But there is no impression constant and invariable. Pain and pleasure, grief and joy, passions and sensations succeed each other and never all exist at the same time. It cannot, therefore, be from any of these

A Treatise of Human Nature (selection): Reading 101

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics182 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

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impressions, or from any other, that the idea of self is derived; and conse- quently there is no such idea.

But farther, what must become of all our particular perceptions upon this hypothesis? All these are different, and distinguishable, and separable from each other, and may be separately considered, and may exist separate- ly, and have no need of anything to support their existence. After what manner, therefore, do they belong to self; and how are they connected with it? For my part, when I enter most intimately into what I call myself, I always stumble on some particular perception or other, of heat or cold, light or shade, love or hatred, pain or pleasure. I never can catch myself at any time without a perception and never can observe anything but the per- ception. When my perceptions are removed for any time, as by sound sleep; so long am I insensible3 of myself and may truly be said not to exist. And were all my perceptions removed by death, and could I neither think, nor feel, nor see, nor love, nor hate after the dissolution of my body, I should be entirely annihilated, nor do I conceive what is farther requisite to make me a perfect nonentity. If any one upon serious and unprejudiced reflexion thinks he has a different notion of himself, I must confess I can reason no longer with him. All I can allow him is that he may be in the right as well as I, and that we are essentially different in this particular. He may, perhaps, perceive something simple and continued, which he calls himself; though I am certain there is no such principle in me.

But setting aside some metaphysicians of this kind, I may venture to af- firm of the rest of mankind, that they are nothing but a bundle or collec- tion of different perceptions, which succeed each other with an inconceiv- able rapidity and are in a perpetual flux and movement. Our eyes cannot turn in their sockets without varying our perceptions. Our thought is still more variable than our sight; and all our other senses and faculties con- tribute to this change; nor is there any single power of the soul which re- mains unalterably the same, perhaps for one moment. The mind is a kind of theatre, where several perceptions successively make their appearance; pass, re-pass, glide away, and mingle in an infinite variety of postures and situations. There is properly no simplicity in it at one time, nor identity in different; whatever natural propension4 we may have to imagine that sim- plicity and identity. The comparison of the theatre must not mislead us. They are the successive perceptions only, that constitute the mind; nor have we the most distant notion of the place where these scenes are repre- sented, or of the materials of which it is composed.

What then gives us so great a propension to ascribe an identity to these successive perceptions and to suppose ourselves possessed of an invariable and uninterrupted existence through the whole course of our lives? . . .

We have a distinct idea of an object, that remains invariable and unin- terrupted through a supposed variation of time; and this idea we call that of identity or sameness. We have also a distinct idea of several different ob- jects existing in succession and connected together by a close relation; and

102 An Examined Life Critical Thinking and Ethics Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

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this to an accurate view affords as perfect a notion of diversity, as if there was no manner of relation among the objects. But though these two ideas of identity and [of] a succession of related objects be in themselves perfect- ly distinct, and even contrary, yet it is certain that in our common way of thinking they are generally confounded with each other. That action of the imagination by which we consider the uninterrupted and invariable object, and that by which we reflect on the succession of related objects, are al- most the same to the feeling, nor is there much more effort of thought re- quired in the latter case than in the former. The relation facilitates the transition of the mind from one object to another and renders its passage as smooth as if it contemplated one continued object. This resemblance is the cause of the confusion and mistake, and makes us substitute the notion of identity instead of that of related objects. However at one instant we may consider the related succession as variable or interrupted, we are sure the next to ascribe to it a perfect identity and regard it as invariable and unin- terrupted. Our propensity to this mistake is so great from the resemblance above-mentioned, that we fall into it before we are aware; and though we incessantly correct ourselves by reflexion and return to a more accurate method of thinking, yet we cannot long sustain our philosophy or take off this bias from the imagination. Our last resource is to yield to it and boldly assert that these different related objects are in effect the same, however interrupted and variable. In order to justify to ourselves this absurdity, we often feign some new and unintelligible principle that connects the objects together and prevents their interruption or variation. Thus we feign the continued existence of the perceptions of our senses, to remove the inter- ruption; and run into the notion of a soul, and self, and substance, to dis- guise the variation. But we may farther observe that where we do not give rise to such a fiction, our propension to confound identity with relation is so great that we are apt to imagine something unknown and mysterious connecting the parts, beside their relation; and this I take to be the case with regard to the identity we ascribe to plants and vegetables. And even when this does not take place, we still feel a propensity to confound these ideas, though we are not able fully to satisfy ourselves in that particular, nor find anything invariable and uninterrupted to justify our notion of identity.

Thus the controversy concerning identity is not merely a dispute of words. For when we attribute identity, in an improper sense, to variable or interrupted objects, our mistake is not confined to the expression, but is commonly attended with a fiction, either of something invariable and un- interrupted, or of something mysterious and inexplicable, or at least with a propensity to such fictions. . . .

The identity which we ascribe to the mind of man is only a fictitious one, and of a like kind with that which we ascribe to vegetables and animal bodies. It cannot, therefore, have a different origin, but must proceed from a like operation of the imagination upon like objects.

A Treatise of Human Nature (selection): Reading 103

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

A Treatise of Human Nature (selection): Reading 183Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

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impressions, or from any other, that the idea of self is derived; and conse- quently there is no such idea.

But farther, what must become of all our particular perceptions upon this hypothesis? All these are different, and distinguishable, and separable from each other, and may be separately considered, and may exist separate- ly, and have no need of anything to support their existence. After what manner, therefore, do they belong to self; and how are they connected with it? For my part, when I enter most intimately into what I call myself, I always stumble on some particular perception or other, of heat or cold, light or shade, love or hatred, pain or pleasure. I never can catch myself at any time without a perception and never can observe anything but the per- ception. When my perceptions are removed for any time, as by sound sleep; so long am I insensible3 of myself and may truly be said not to exist. And were all my perceptions removed by death, and could I neither think, nor feel, nor see, nor love, nor hate after the dissolution of my body, I should be entirely annihilated, nor do I conceive what is farther requisite to make me a perfect nonentity. If any one upon serious and unprejudiced reflexion thinks he has a different notion of himself, I must confess I can reason no longer with him. All I can allow him is that he may be in the right as well as I, and that we are essentially different in this particular. He may, perhaps, perceive something simple and continued, which he calls himself; though I am certain there is no such principle in me.

But setting aside some metaphysicians of this kind, I may venture to af- firm of the rest of mankind, that they are nothing but a bundle or collec- tion of different perceptions, which succeed each other with an inconceiv- able rapidity and are in a perpetual flux and movement. Our eyes cannot turn in their sockets without varying our perceptions. Our thought is still more variable than our sight; and all our other senses and faculties con- tribute to this change; nor is there any single power of the soul which re- mains unalterably the same, perhaps for one moment. The mind is a kind of theatre, where several perceptions successively make their appearance; pass, re-pass, glide away, and mingle in an infinite variety of postures and situations. There is properly no simplicity in it at one time, nor identity in different; whatever natural propension4 we may have to imagine that sim- plicity and identity. The comparison of the theatre must not mislead us. They are the successive perceptions only, that constitute the mind; nor have we the most distant notion of the place where these scenes are repre- sented, or of the materials of which it is composed.

What then gives us so great a propension to ascribe an identity to these successive perceptions and to suppose ourselves possessed of an invariable and uninterrupted existence through the whole course of our lives? . . .

We have a distinct idea of an object, that remains invariable and unin- terrupted through a supposed variation of time; and this idea we call that of identity or sameness. We have also a distinct idea of several different ob- jects existing in succession and connected together by a close relation; and

102 An Examined Life Critical Thinking and Ethics Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

© The McGraw−Hill Companies, 2006

this to an accurate view affords as perfect a notion of diversity, as if there was no manner of relation among the objects. But though these two ideas of identity and [of] a succession of related objects be in themselves perfect- ly distinct, and even contrary, yet it is certain that in our common way of thinking they are generally confounded with each other. That action of the imagination by which we consider the uninterrupted and invariable object, and that by which we reflect on the succession of related objects, are al- most the same to the feeling, nor is there much more effort of thought re- quired in the latter case than in the former. The relation facilitates the transition of the mind from one object to another and renders its passage as smooth as if it contemplated one continued object. This resemblance is the cause of the confusion and mistake, and makes us substitute the notion of identity instead of that of related objects. However at one instant we may consider the related succession as variable or interrupted, we are sure the next to ascribe to it a perfect identity and regard it as invariable and unin- terrupted. Our propensity to this mistake is so great from the resemblance above-mentioned, that we fall into it before we are aware; and though we incessantly correct ourselves by reflexion and return to a more accurate method of thinking, yet we cannot long sustain our philosophy or take off this bias from the imagination. Our last resource is to yield to it and boldly assert that these different related objects are in effect the same, however interrupted and variable. In order to justify to ourselves this absurdity, we often feign some new and unintelligible principle that connects the objects together and prevents their interruption or variation. Thus we feign the continued existence of the perceptions of our senses, to remove the inter- ruption; and run into the notion of a soul, and self, and substance, to dis- guise the variation. But we may farther observe that where we do not give rise to such a fiction, our propension to confound identity with relation is so great that we are apt to imagine something unknown and mysterious connecting the parts, beside their relation; and this I take to be the case with regard to the identity we ascribe to plants and vegetables. And even when this does not take place, we still feel a propensity to confound these ideas, though we are not able fully to satisfy ourselves in that particular, nor find anything invariable and uninterrupted to justify our notion of identity.

Thus the controversy concerning identity is not merely a dispute of words. For when we attribute identity, in an improper sense, to variable or interrupted objects, our mistake is not confined to the expression, but is commonly attended with a fiction, either of something invariable and un- interrupted, or of something mysterious and inexplicable, or at least with a propensity to such fictions. . . .

The identity which we ascribe to the mind of man is only a fictitious one, and of a like kind with that which we ascribe to vegetables and animal bodies. It cannot, therefore, have a different origin, but must proceed from a like operation of the imagination upon like objects.

A Treatise of Human Nature (selection): Reading 103

“Modern morality consists in accepting the standard of one’s age.” Oscar Wilde

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The whole of this doctrine leads us to a conclusion which is of great im- portance in the present affair, namely, that all the nice and subtle ques- tions concerning personal identity can never possibly be decided, and are to be regarded rather as grammatical than as philosophical difficulties. Identity depends on the relations of ideas; and these relations produce identity, by means of that easy transition they occasion. But as the relations and the easiness of the transition may diminish by insensible degrees, we have no just standard by which we can decide any dispute concerning the time when they acquire or lose a title to the name of identity. All the dis- putes concerning the identity of connected objects are merely verbal, ex- cept so far as the relation of parts gives rise to some fiction or imaginary principle of union, as we have already observed.

NOTES

1. decision: conclusion [D.C.A., ed.] 2. resembling: similar [D.C.A.] 3. insensible: having no sensation [D.C.A.] 4. propension: propensity, inclination [D.C.A.]

A Treatise of Human Nature (selection): Reading 105

Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

© The McGraw−Hill Companies, 2006

A Treatise of Human Nature David Hume

Reading Questions

According to Hume:

1. How do impressions differ from ideas? How do simple impressions and ideas differ from complex impressions and ideas?

2. Why can there be no genuine idea of the self?

3. How is the mind like a theater? How is it unlike a theater?

4. How does our imagination lead us to substitute the notion of identity for the notion of diversity?

5. Why is it a mistake to claim that memory produces personal identity?

Discussion Questions

In your own view:

1. Do we have an idea of the self? If so, where did it originate?

2. Is there something to which all a person’s perceptions are related? If so, is this the self?

3. Is there anything permanent about a tree that makes it the identical object over time? Is there anything permanent about a chair? a rock?

4. Is there anything permanent about you that makes you the identical person over time? If not, what does your name refer to?

5. Does personal identity require an unchanging self?

106 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

A Treatise of Human Nature (selection): Reading 185

Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

© The McGraw−Hill Companies, 2006

The whole of this doctrine leads us to a conclusion which is of great im- portance in the present affair, namely, that all the nice and subtle ques- tions concerning personal identity can never possibly be decided, and are to be regarded rather as grammatical than as philosophical difficulties. Identity depends on the relations of ideas; and these relations produce identity, by means of that easy transition they occasion. But as the relations and the easiness of the transition may diminish by insensible degrees, we have no just standard by which we can decide any dispute concerning the time when they acquire or lose a title to the name of identity. All the dis- putes concerning the identity of connected objects are merely verbal, ex- cept so far as the relation of parts gives rise to some fiction or imaginary principle of union, as we have already observed.

NOTES

1. decision: conclusion [D.C.A., ed.] 2. resembling: similar [D.C.A.] 3. insensible: having no sensation [D.C.A.] 4. propension: propensity, inclination [D.C.A.]

A Treatise of Human Nature (selection): Reading 105

Abel: Discourses Mind, Body, and Self David Hume, ‘‘A Treatise of Human Nature’’ (selection)

© The McGraw−Hill Companies, 2006

A Treatise of Human Nature David Hume

Reading Questions

According to Hume:

1. How do impressions differ from ideas? How do simple impressions and ideas differ from complex impressions and ideas?

2. Why can there be no genuine idea of the self?

3. How is the mind like a theater? How is it unlike a theater?

4. How does our imagination lead us to substitute the notion of identity for the notion of diversity?

5. Why is it a mistake to claim that memory produces personal identity?

Discussion Questions

In your own view:

1. Do we have an idea of the self? If so, where did it originate?

2. Is there something to which all a person’s perceptions are related? If so, is this the self?

3. Is there anything permanent about a tree that makes it the identical object over time? Is there anything permanent about a chair? a rock?

4. Is there anything permanent about you that makes you the identical person over time? If not, what does your name refer to?

5. Does personal identity require an unchanging self?

106 An Examined Life Critical Thinking and Ethics

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An Examined Life: Critical Thinking and Ethics186

BIBLIOGRAPHY

David Hume, A Treatise of Human Nature, ed. L. A. Selby-Bigge. Oxford, England: Clarendon Press, 1888 (updated stylistically).

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187Chapter 7: Relativism, Divine Command, Natural Law

CHAPTER 7: Does Morality Depend on God

or Society?—Relativism, Divine Command,

Natural Law

INTRODUCTION

One way, quite an old way, to decide what is right and what is wrong is simply to follow what society believes is right and what society believes is wrong. Given that definitions of right and wrong differ from culture to culture, perhaps then it is the case that there is no objective truth in morality. The particular moral code of our society is no better and no worse than the code of another society—what’s right for them is right for them, by definition; it just may not be right for us. It would be arrogant to assume our society’s values are right for everyone. That is, in fact, the moral assumption behind the beginnings of sociology; other fields including journalism, for example, also often take pride in the objectivity of their non-judgemental observations. On the face of it, this argument based on recognizing cultural differences sounds sensible. In other words, we can be sure of what is right and wrong in our own society, but we have no moral standing to judge right and wrong in another society.

“Morality differs in every society, and it is a convenient term for socially approved habits.” Ruth Benedict, Patterns of Culture

Few philosophers subscribe to this form of relativism, but an alarming number of students turn up in college as relativists. “Who am I to judge?” is a common, well-intentioned attitude among young people. So what can be the problem with that? Here is an example of something that happened recently in another society, in a very conservative town called Mingora in Pakistan. The fifteen-year-old Malala Yousafzai, with the support of her family, defied the Taliban religious authorities and demanded that she be given an education, the same education that boys her age received in her community in a school that her own father had founded. The education of girls is frowned upon in that community, and Malala first received death threats from the Taliban and then, after she tried going to school, she was shot in the head by a Taliban gunman in 2012 while she was going home at the end of a schoolday.

She was taken to a hospital in Peshawar initially, and part of her skull was removed to alleviate the swelling in her brain. She was then transferred to a hospital in Birmingham, England, for further medical care, underwent multiple surgeries, and was left with the left side of her face paralyzed. But she survived. Since then, Malala has become a powerful moral force in the

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fight for equal rights, but she is still under a death threat from the Taliban. She continues to speak out, bravely. She was awarded Pakistan’s National Youth Peace Prize and, in 2013, she received the Sakharov Prize for Freedom of Thought from the European Parliament. She has been nominated for the Nobel Peace Prize.

“If I win the Nobel Peace Prize, it would be a great opportunity for me, but if I don’t get it, it’s not important because my goal is to not to get the Nobel Peace Prize and my goal is to see the education of every child.” Malala Yousafsai

If we accept relativism, and if we are not Pakistanis living in Mingora, who are we to judge what is right and what is wrong in Pakistan? Perhaps, in that case, the Taliban was right to do what it did. After all, it is their society, not ours. Other examples of relativist ethics abound, and some of them are taken seriously. Who are we to judge the Nazis? after all we don’t know what it was like living in Munich in 1936. Worse yet, if you are part of the society whose mores you accept by definition, then you also have no moral standing to object—you are simply wrong because all wrong means is what your culture or community says is wrong.

What a reasonable person could consider obscene when applying the standards of his or her community, for example, is the definition of obscenity in the United States. What is obscene in one community is not obscene in another. Eve Ensler’s 1996 international Off-Broadway hit The Vagina Monologues has enjoyed several successful productions all over the world, including one in Miami at Miami Dade College. Yet in 2007, North of Miami but in the same state of Florida, the Atlantic Beach Theater Near Jacksonville had to change the name of the play on its marquee to The Hoohah Monologues. The word “vagina” offended at least one local citizen, who objected to its use. That is how applying community standards works. Deciding moral matters by checking the standards of society forbids any criticism of that society. Progress would be at best unlikely. Keeping an open mind would be difficult.

© J.B. Handelsman//e New Yorker Collection/from www.cartoonbank.com

“We can be proud of our little Attila. He has totally absorbed the Hun ethic.” 581

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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189“We can be proud of our little Attila. He has totally absorbed the Hun ethic.”

© J.B. Handelsman//e New Yorker Collection/from www.cartoonbank.com

“We can be proud of our little Attila. He has totally absorbed the Hun ethic.” 581

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An Examined Life: Critical Thinking and Ethics190 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Perhaps there is a better way, another very old way to decide right and wrong.

Divine Command theory is simple: The right thing to do is whatever your god commands you to do. God is a law-giver, so in order to live well and do the right thing, one should follow his commands.

There are initial objections to that theory, not least of them the question of whose god, of how we happen to get the command from that god, of trusting a messenger, and most of all of the vast diversity of religions in a multicultural society. Your religion may not allow you to eat shellfish, but it would be difficult to argue that because of that no one should eat shellfish. You might claim, as some politicians do, that Jesus told you to run for office; someone might reasonably doubt that bit of information. St. Joan of Arc heard divine voices, and today she is considered a martyr and saint, a symbol of France. Another woman moved to do battle because of voices in her head today might likely be forced to receive psychiatric care even though she might be as sincere as the Maid of Orleans. The al-Qaeda terrorists who slammed into the World Trade Center and the Pentagon on Sept. 11, 2001, by all accounts were following their God’s commands, and there is no reason to doubt that they believed that.

Still, if you are sure of your god and you are sure you got the message right, there is nevertheless a problem. This basic problem, one that has plagued theologians for millennia, was first pointed out by Socrates in Plato’s dialogue the Euthyphro, included in this chapter. A young man looking for an answer on ways to live right and do the right thing offers Socrates a possibility, namely, that the right thing to do is whatever pleases the gods. That is, the right thing to do is what God commands you to do.

Socrates agrees, but he suggests there may be more to Euthyphro’s idea. Let’s agree that the right thing to do is whatever God commands you to do, Socrates tells him. This question remains: Is it right because God commands it, or does God command it because it is right? This is one of the most famous questions in the history of philosophy and, like so much in Plato’s challenging dialogues, it creates more questions than answers.

In the first instance, God commands something because it is right. After all, God is wise and would not steer us wrong. God knows best. The problem here is that you have then set up an authority higher than God, that the concepts of right and wrong precede God. You have turned God into Google, a nice source of information. Once you get that information, you do not need him anymore. God is omniscient in this case, but he is no longer omnipotent since right and wrong are out of his hands.

So perhaps the alternative is better, something is right because God commands it. In this case, however, you have made God’s commands arbitrary. God could command you to lie, to murder, or worse—he is omnipotent, after all—and those acts would be right precisely because what makes them right is that God commanded them. Either way, the results are not what any religious person would want. One way you take away God’s power, the other way you

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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191Chapter 7: Relativism, Divine Command, Natural Law

take away his mercy. In fact, the omniscience and omnipotence of God are a major dilemma for theologians, beyond the scope of a critical thinking and ethics discussion here but nevertheless interesting.

“To disparage the dictate of reason is to condemn the command of God.” St. Thomas Aquinas

St. Thomas Aquinas thought so too. The 13th century philosopher knew the Euthyphro problem very well, and his strikingly original if ultimately flawed Natural Law Theory went a long way to avoid Divine Command theory. What he did was clever. Following Aristotle and translating the pagan Greek’s philosophy into a Christian ethics, Aquinas suggested the following. Our reason reveals to us how the world works. So far so good—this is what Aristotle suggested with his theory of the four causes, and it is the basis of today’s scientific method. Then Aquinas added something Aristotle would not have countenanced.

If reason reveals to us how nature works, and we also know that God made nature, then it follows that reason reveals to us that this is the way it has to work, since God made it that way. So it is the case that the right thing to do ends up being what God commands, but not because God commands it but rather because “in the light of reason” you yourself find that moral truth revealed to you. Unnatural equals bad, natural equals good. That is Natural Law. Never mind that, for example, the most natural thing in life would be to die of cancer, slowly and in pain; we have found Egyptian mummies with cancer, a disease that has been around naturally as long as humanity itself. Yet few people today would call chemotherapy, radiation therapy and pain killers wrong—though they are all certainly unnatural. Vaccines keep nature from killing us. Hospitals are in the business of going against nature; that is what they do. If you have ever taken an aspirin, you have committed an unnatural act.

That same Natural Law, which was declared the official philosophy of the Catholic Church in the 19th Century, has been widely used along with scriptural citations to support slavery (reason reveals that some races are superior to others), to launch the Holy Crusades, to oppose scientific discoveries such as that the Earth is not the center of the universe, that it is not flat, and that the Sun does not go around the Earth. For centuries, scientists from Hypatia in the Hellenistic Age to Bruno in the Renaissance were executed as heretics for suggesting that church findings about nature might be scientifically and therefore morally incorrect. To this day, Natural Law is the main argument used not only by the Catholic Church but by other religious and political organizations to oppose, say, the use of condoms as unnatural and therefore wrong. There are AIDS-prevention programs in Africa that have been denied funding because they promote the use of condoms, which are unnatural. The Natural Law argument bears studying

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because it is still being used. In recent times, Natural Law was the first argument used to oppose interracial marriage, racial integration, women in combat, gays in the Army, and marriage equality. “That’s just not natural” remains a powerful emotionally charged insult passing for moral judgement.

As it happens, it is not a moral judgement at all. Natural Law begins with a mistake of the sort no critical thinking and ethics student ought to make. We owe this discovery to David Hume, one of the most important philosophers in the English language and the forefather of the field of psychology. Put simply, even if Aquinas had been right about every description of nature that his reason revealed to him, merely describing something is not the same thing as prescribing or judging anything about that same thing. Science is descriptive, ethics is prescriptive, normative. One needs reasons, clear and impartial reasons, to begin making moral arguments. One cannot obtain a prescriptive judgement from a descriptive statement. As Hume pointed out in one of the most devastating, pithy claims in all of moral philosophy, an “is” is not an “ought.” Natural Law rests on a mistake.

Octavio Roca and Matthew Schuh

“An ‘is’ is not an ‘ought’.” David Hume

Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

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Cultural Relativism and Cultural Values

Melville J. Herskovits

Melville J. Herskovits was born in Bellefontaine, Ohio, in 1895. After serving in the United States Army Medical Corps during World War II, he enrolled in the University of Chicago and received his bachelor’s degree in history in 1920. He then began graduate studies in anthropology at Columbia University, where he completed his master’s degree in 1921 and his doctorate in 1923. He taught at Columbia and at Howard University. In 1927 he accepted an appointment as Assistant Professor of Sociology at Northwestern University, where he was promoted to Associate Professor in 1931 and to Professor four years later. In 1938 he established and became first chair of the Anthropology Department at Northwestern. Ten years later he founded the Program of African Studies and was named its first director. Herskovits chaired the American Council of Learned Societies (1939–1950), helped found the African Studies Association and served as its first president (1957–1958), and was an adviser to the United States Senate Foreign Relations Committee (1959–1960). He was a principal organizer of the First International Congress of Africanists, held in Ghana in 1962. Herskovits died in Evanston, Illinois, in 1963.

Herskovits’s many publications include The Myth of the Negro Past (1941), The Economic Life of Primitive People (1948), Man and His Works (1948), Continuity and Change in African Culture (1959), and The Human Factor in Changing Africa (1962). A collection of his papers entitled Cultural Relativism: Perspectives in Cultural Pluralism, edited by Frances Herskovits, was published in 1972.

Our reading is from Herskovits’s paper “Cultural Relativism and Cultural Values,” published in Cultural Relativism. Herskovits argues that moral values are not absolute but “relative to the cultural background out of which they arise.” Value judgments are relative because they are based on experience, and experience “is interpreted by each individual in terms of his own enculturation.” Even facts about the physical world are interpreted through language, which is a system of symbols that varies from culture to culture. The definition of what is normal and abnormal is also relative to culture: Behavior that is classified as pathological by one society may be considered quite normal in another society. Herskovits distinguishes absolutes from universals. Things like the existence of morality and the standards of truth are universal to all cultures, but any form of morality or standard of truth that occurs in a given culture is relative to that culture and not absolute.

Cultures tend to be ethnocentric, that is, to view their own way of life as superior to all others. While ethnocentrism can strengthen the individual’s ego and identification with his or her group, it creates problems when it is used as a basis for taking actions detrimental to other groups. We need to recognize “the validity of every set of norms for the people who have them” and respect other cultures. The doctrine of cultural relativism can help “lift us out of the ethnocentric morass in which our thinking about ultimate values has for so long bogged down.”

© Jean Herskovits.

Cultural Relativism and Cultural Values (selection): Reading 107

09_bos5511X_Ch07_p187-224.indd 192 7/24/14 8:41 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

193Chapter 7: Relativism, Divine Command, Natural LawAbel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

Cultural Relativism and Cultural Values

Melville J. Herskovits

Melville J. Herskovits was born in Bellefontaine, Ohio, in 1895. After serving in the United States Army Medical Corps during World War II, he enrolled in the University of Chicago and received his bachelor’s degree in history in 1920. He then began graduate studies in anthropology at Columbia University, where he completed his master’s degree in 1921 and his doctorate in 1923. He taught at Columbia and at Howard University. In 1927 he accepted an appointment as Assistant Professor of Sociology at Northwestern University, where he was promoted to Associate Professor in 1931 and to Professor four years later. In 1938 he established and became first chair of the Anthropology Department at Northwestern. Ten years later he founded the Program of African Studies and was named its first director. Herskovits chaired the American Council of Learned Societies (1939–1950), helped found the African Studies Association and served as its first president (1957–1958), and was an adviser to the United States Senate Foreign Relations Committee (1959–1960). He was a principal organizer of the First International Congress of Africanists, held in Ghana in 1962. Herskovits died in Evanston, Illinois, in 1963.

Herskovits’s many publications include The Myth of the Negro Past (1941), The Economic Life of Primitive People (1948), Man and His Works (1948), Continuity and Change in African Culture (1959), and The Human Factor in Changing Africa (1962). A collection of his papers entitled Cultural Relativism: Perspectives in Cultural Pluralism, edited by Frances Herskovits, was published in 1972.

Our reading is from Herskovits’s paper “Cultural Relativism and Cultural Values,” published in Cultural Relativism. Herskovits argues that moral values are not absolute but “relative to the cultural background out of which they arise.” Value judgments are relative because they are based on experience, and experience “is interpreted by each individual in terms of his own enculturation.” Even facts about the physical world are interpreted through language, which is a system of symbols that varies from culture to culture. The definition of what is normal and abnormal is also relative to culture: Behavior that is classified as pathological by one society may be considered quite normal in another society. Herskovits distinguishes absolutes from universals. Things like the existence of morality and the standards of truth are universal to all cultures, but any form of morality or standard of truth that occurs in a given culture is relative to that culture and not absolute.

Cultures tend to be ethnocentric, that is, to view their own way of life as superior to all others. While ethnocentrism can strengthen the individual’s ego and identification with his or her group, it creates problems when it is used as a basis for taking actions detrimental to other groups. We need to recognize “the validity of every set of norms for the people who have them” and respect other cultures. The doctrine of cultural relativism can help “lift us out of the ethnocentric morass in which our thinking about ultimate values has for so long bogged down.”

© Jean Herskovits.

Cultural Relativism and Cultural Values (selection): Reading 107

“Modern morality consists in accepting the standard of one’s age.”

Oscar Wilde

09_bos5511X_Ch07_p187-224.indd 193 7/24/14 8:41 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics194 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

1

All peoples form judgments about ways of life different from their own. When systematic study is undertaken, comparison gives rise to classifica- tion, and scholars have devised many schemes for classifying ways of life. Moral judgments have been drawn regarding the ethical principles that guide the behavior and mold the value systems of different peoples. Their economic and political structures and their religious beliefs have been ranked in order of complexity, efficiency, desirability. Their art, music, and literary forms have been weighed.

It has become increasingly evident, however, that evaluations of this kind stand or fall with the acceptance of the premises from which they derive. In addition, many of the criteria on which judgment is based are in conflict, so that conclusions drawn from one definition of what is desirable will not agree with those based on another formulation.

A simple example will illustrate this. There are not many ways in which the primary family can be constituted. One man may live with one woman, one woman may have a number of husbands, one man may have a num- ber of wives. But if we evaluate these forms according to their function of perpetuating the group, it is clear that they perform their essential tasks. Otherwise, the societies wherein they exist would not survive.

Such an answer will, however, not satisfy all those who have under- taken to study cultural evaluation. What of the moral questions inherent in the practice of monogamy as against polygamy, the adjustment of chil- dren raised in households where, for example, the mothers must compete on behalf of their offspring for the favors of a common husband? If monogamy is held to be the desired form of marriage, the responses to these questions are predetermined. But when we consider these questions from the point of view of those who live in polygamous societies, alternative answers, based on different conceptions of what is desirable, may be given.

Let us consider, for example, the life of a plural family in the West African culture of Dahomey. Here, within a compound, live a man and his wives. The man has his own house, as has each of the women and her chil- dren, after the basic African principle that two wives cannot successfully inhabit the same quarters. Each wife in turn spends a native week of four days with the common husband, cooking his food, washing his clothes, sleeping in his house, and then making way for the next. Her children, however, remain in their mother’s hut. With pregnancy, she drops out of this routine, and ideally, in the interest of her child’s health and her own, does not again visit her husband until the child has been born and weaned. This means a period of from three to four years, since infants are nursed two years and longer.

The compound, made up of these households, is a cooperative unit. The women who sell goods in the market, or make pottery, or have their gardens, contribute to its support. This aspect, though of great economic

108 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

importance, is secondary to the prestige that attaches to the larger unit. This is why one often finds a wife not only urging her husband to acquire a second spouse but even aiding him by loans or gifts to make this possible.

Tensions do arise between the women who inhabit a large compound. Thirteen different ways of getting married have been recorded in this soci- ety, and in a large household those wives who are married in the same cat- egory tend to unite against all others. Competition for the regard of the husband is also a factor, when several wives try to influence the choice of an heir in favor of their own sons. Yet all the children of the compound play together, and the strength of the emotional ties between the children of the same mother more than compensates for whatever stresses may arise between brothers and sisters who share the same father but are of different mothers. Cooperation, moreover, is by no means a mere formal- ity among the wives. Many common tasks are performed in friendly uni- son, and there is solidarity in the interest of women’s prerogatives, or where the status of the common husband is threatened.

We may now return to the criteria to be applied in drawing judgments concerning polygamous as against monogamous families. The family struc- ture of Dahomey is obviously a complex institution. If we but consider the possible lines of personal relations among the many individuals con- cerned, we see clearly how numerous are the ramifications of reciprocal right and obligation of the Dahomean family. The effectiveness of the Dahomean family is, however, patent. It has, for untold generations, per- formed its function of rearing the young; more than this, the very size of the group gives it economic resources and a resulting stability that might well be envied by those who live under different systems of family organi- zation. Moral values are always difficult to establish, but at least in this soci- ety marriage is clearly distinguished from casual sex relations and from prostitution, in its supernatural sanctions and in the prestige it confers, to say nothing of the economic obligations toward spouse and prospective offspring explicitly accepted by one who enters into a marriage.

Numerous problems of adjustment do present themselves in an aggre- gate of this sort. It does not call for much speculation to understand the plaint of the head of one large compound when he said: “One must be something of a diplomat if one has many wives.” Yet the sly digs in proverb and song, and the open quarreling, involve no greater stress than is found in any small rural community where people are also thrown closely together for long periods of time. Quarrels between cowives are not greatly different from disputes over the back fence between neighbors. And Dahomeans who know European culture, when they argue for their system, stress the fact that it permits the individual wife to space her chil- dren in a way that is in accord with the best precepts of modern gynecology.

Thus polygamy, when looked at from the point of view of those who practice it, is seen to hold values that are not apparent from the outside. A

Cultural Relativism and Cultural Values (selection): Reading 109

09_bos5511X_Ch07_p187-224.indd 194 7/24/14 8:41 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Cultural Relativism and Cultural Values (selection): Reading 195Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

1

All peoples form judgments about ways of life different from their own. When systematic study is undertaken, comparison gives rise to classifica- tion, and scholars have devised many schemes for classifying ways of life. Moral judgments have been drawn regarding the ethical principles that guide the behavior and mold the value systems of different peoples. Their economic and political structures and their religious beliefs have been ranked in order of complexity, efficiency, desirability. Their art, music, and literary forms have been weighed.

It has become increasingly evident, however, that evaluations of this kind stand or fall with the acceptance of the premises from which they derive. In addition, many of the criteria on which judgment is based are in conflict, so that conclusions drawn from one definition of what is desirable will not agree with those based on another formulation.

A simple example will illustrate this. There are not many ways in which the primary family can be constituted. One man may live with one woman, one woman may have a number of husbands, one man may have a num- ber of wives. But if we evaluate these forms according to their function of perpetuating the group, it is clear that they perform their essential tasks. Otherwise, the societies wherein they exist would not survive.

Such an answer will, however, not satisfy all those who have under- taken to study cultural evaluation. What of the moral questions inherent in the practice of monogamy as against polygamy, the adjustment of chil- dren raised in households where, for example, the mothers must compete on behalf of their offspring for the favors of a common husband? If monogamy is held to be the desired form of marriage, the responses to these questions are predetermined. But when we consider these questions from the point of view of those who live in polygamous societies, alternative answers, based on different conceptions of what is desirable, may be given.

Let us consider, for example, the life of a plural family in the West African culture of Dahomey. Here, within a compound, live a man and his wives. The man has his own house, as has each of the women and her chil- dren, after the basic African principle that two wives cannot successfully inhabit the same quarters. Each wife in turn spends a native week of four days with the common husband, cooking his food, washing his clothes, sleeping in his house, and then making way for the next. Her children, however, remain in their mother’s hut. With pregnancy, she drops out of this routine, and ideally, in the interest of her child’s health and her own, does not again visit her husband until the child has been born and weaned. This means a period of from three to four years, since infants are nursed two years and longer.

The compound, made up of these households, is a cooperative unit. The women who sell goods in the market, or make pottery, or have their gardens, contribute to its support. This aspect, though of great economic

108 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

importance, is secondary to the prestige that attaches to the larger unit. This is why one often finds a wife not only urging her husband to acquire a second spouse but even aiding him by loans or gifts to make this possible.

Tensions do arise between the women who inhabit a large compound. Thirteen different ways of getting married have been recorded in this soci- ety, and in a large household those wives who are married in the same cat- egory tend to unite against all others. Competition for the regard of the husband is also a factor, when several wives try to influence the choice of an heir in favor of their own sons. Yet all the children of the compound play together, and the strength of the emotional ties between the children of the same mother more than compensates for whatever stresses may arise between brothers and sisters who share the same father but are of different mothers. Cooperation, moreover, is by no means a mere formal- ity among the wives. Many common tasks are performed in friendly uni- son, and there is solidarity in the interest of women’s prerogatives, or where the status of the common husband is threatened.

We may now return to the criteria to be applied in drawing judgments concerning polygamous as against monogamous families. The family struc- ture of Dahomey is obviously a complex institution. If we but consider the possible lines of personal relations among the many individuals con- cerned, we see clearly how numerous are the ramifications of reciprocal right and obligation of the Dahomean family. The effectiveness of the Dahomean family is, however, patent. It has, for untold generations, per- formed its function of rearing the young; more than this, the very size of the group gives it economic resources and a resulting stability that might well be envied by those who live under different systems of family organi- zation. Moral values are always difficult to establish, but at least in this soci- ety marriage is clearly distinguished from casual sex relations and from prostitution, in its supernatural sanctions and in the prestige it confers, to say nothing of the economic obligations toward spouse and prospective offspring explicitly accepted by one who enters into a marriage.

Numerous problems of adjustment do present themselves in an aggre- gate of this sort. It does not call for much speculation to understand the plaint of the head of one large compound when he said: “One must be something of a diplomat if one has many wives.” Yet the sly digs in proverb and song, and the open quarreling, involve no greater stress than is found in any small rural community where people are also thrown closely together for long periods of time. Quarrels between cowives are not greatly different from disputes over the back fence between neighbors. And Dahomeans who know European culture, when they argue for their system, stress the fact that it permits the individual wife to space her chil- dren in a way that is in accord with the best precepts of modern gynecology.

Thus polygamy, when looked at from the point of view of those who practice it, is seen to hold values that are not apparent from the outside. A

Cultural Relativism and Cultural Values (selection): Reading 109

09_bos5511X_Ch07_p187-224.indd 195 7/24/14 8:41 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics196 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

similar case can be made for monogamy, however, when it is attacked by those who are enculturated to a different kind of family structure. And what is true of a particular phase of culture such as this, is also true of oth- ers. Evaluations are relative to the cultural background out of which they arise.

2

Cultural relativism is in essence an approach to the question of the nature and role of values in culture. It represents a scientific, inductive attack on an age-old philosophical problem, using fresh cross-cultural data hitherto not available to scholars, gained from the study of the underlying value- systems of societies having the most diverse customs. The principle of cul- tural relativism, briefly stated, is as follows: Judgments are based on experience, and experience is interpreted by each individual in terms of his own enculturation. Those who hold for the existence of fixed values will find materials in other societies that necessitate a reinvestigation of their assumptions. Are there absolute moral standards, or are moral standards effective only as far as they agree with the orientations of a given people at a given period of their history? We even approach the problem of the ultimate nature of reality itself. Cassirer holds that reality can only be experienced through the symbolism of language.1 Is reality, then, not defined and redefined by the ever-varied symbolisms of the innumerable languages of mankind?

Answers to questions such as these represent one of the most pro- found contributions of anthropology to the analysis of man’s place in the world. When we reflect that such intangibles as right and wrong, normal and abnormal, beautiful and plain are absorbed as a person learns the ways of the group into which he is born, we see that we are dealing here with a process of first importance. Even the facts of the physical world are discerned through the enculturative screen, so that the perception of time, distance, weight, size, and other “realities” is mediated by the con- ventions of any given group.

No culture, however, is a closed system of rigid molds to which the behavior of all members of a society must conform. The psychological reality of culture tells us that a culture, as such, can do nothing. It is but the summation of the behavior and habitual modes of thought of the per- sons who make up a particular society. Though by learning and habit these individuals conform to the ways of the group into which they have been born, they nonetheless vary in their reactions to the situations of liv- ing they commonly meet. They vary, too, in the degree to which they desire change, as whole cultures vary. This is but another way in which we see that culture is flexible and holds many possibilities of choice within its framework, and that to recognize the values held by a given people in no wise implies that these values are a constant factor in the lives of succeed- ing generations of the same group.

110 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

How the ideas of a people mediate their approach even to the physical world can be made plain by a few examples. Indians living in the south- western part of the United States think in terms of six cardinal points rather than four. In addition to north, south, east, and west, they include the directions “up” and “down.” From the point of view that the universe is three-dimensional, these Indians are entirely realistic. Among ourselves, even in airplane navigation, where three dimensions must be coped with as they need not by those who keep to the surface of the earth, we sepa- rate direction from height in instruments and in our thinking about posi- tion. We operate, conceptually, on two distinct planes. One is horizontal—”We are traveling ENE.” One is vertical—”We are now cruis- ing at 8000 feet.”

Or take a problem in the patterning of sound. We accept the concept of the wave length, tune pianos in accordance with a mechanically deter- mined scale, and are thus conditioned to what we call true pitch. Some persons, we say, have absolute pitch; that is, a note struck or sung at ran- dom will immediately be given its place in the scale—“That’s B flat.” A composition learned in a given key, when transposed, will deeply trouble such a person, though those who are musically trained but do not have true pitch will enjoy such a transposed work, if the relation of each note to every other has not been disturbed. Let us assume that it is proposed to study whether this ability to identify a note is an inborn trait, found among varying but small percentages of individuals in various societies. The difficulty of probing such a question appears immediately once we discover that but few peoples have fixed scales, and none other than our- selves has the concept of true pitch! Those living in cultures without mechanically tuned and true instruments are free to enjoy notes that are as much as a quarter-tone “off,” as we would say. As for the patterned pro- gressions in which the typical scales and modal orientations of any musical convention are set, the number of such systems, each of which is consis- tent within its own limits, is infinite.

The principle that judgments are derived from experience has a sure psychological foundation. This has been best expressed by Sherif in his development of the hypothesis of “social norms.” His experiments are fun- damental, and his accessory concept of the “frame of reference,” the back- ground to which experience is referred, has become standard in social psychology. Because of its importance for an understanding of cultural dif- ferences, we shall briefly describe the work he did in testing his hypothesis that “experience appears to depend always upon relations.” 2

The subjects were introduced into a dark room where a dim light appeared and disappeared when an electric key was pressed. Some sub- jects were brought into the room, first alone and later as members of groups, while others were exposed to the group situation before they were tested individually. Though the light was fixed, the autokinetic response3

Cultural Relativism and Cultural Values (selection): Reading 111

09_bos5511X_Ch07_p187-224.indd 196 7/24/14 8:41 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Cultural Relativism and Cultural Values (selection): Reading 197Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

similar case can be made for monogamy, however, when it is attacked by those who are enculturated to a different kind of family structure. And what is true of a particular phase of culture such as this, is also true of oth- ers. Evaluations are relative to the cultural background out of which they arise.

2

Cultural relativism is in essence an approach to the question of the nature and role of values in culture. It represents a scientific, inductive attack on an age-old philosophical problem, using fresh cross-cultural data hitherto not available to scholars, gained from the study of the underlying value- systems of societies having the most diverse customs. The principle of cul- tural relativism, briefly stated, is as follows: Judgments are based on experience, and experience is interpreted by each individual in terms of his own enculturation. Those who hold for the existence of fixed values will find materials in other societies that necessitate a reinvestigation of their assumptions. Are there absolute moral standards, or are moral standards effective only as far as they agree with the orientations of a given people at a given period of their history? We even approach the problem of the ultimate nature of reality itself. Cassirer holds that reality can only be experienced through the symbolism of language.1 Is reality, then, not defined and redefined by the ever-varied symbolisms of the innumerable languages of mankind?

Answers to questions such as these represent one of the most pro- found contributions of anthropology to the analysis of man’s place in the world. When we reflect that such intangibles as right and wrong, normal and abnormal, beautiful and plain are absorbed as a person learns the ways of the group into which he is born, we see that we are dealing here with a process of first importance. Even the facts of the physical world are discerned through the enculturative screen, so that the perception of time, distance, weight, size, and other “realities” is mediated by the con- ventions of any given group.

No culture, however, is a closed system of rigid molds to which the behavior of all members of a society must conform. The psychological reality of culture tells us that a culture, as such, can do nothing. It is but the summation of the behavior and habitual modes of thought of the per- sons who make up a particular society. Though by learning and habit these individuals conform to the ways of the group into which they have been born, they nonetheless vary in their reactions to the situations of liv- ing they commonly meet. They vary, too, in the degree to which they desire change, as whole cultures vary. This is but another way in which we see that culture is flexible and holds many possibilities of choice within its framework, and that to recognize the values held by a given people in no wise implies that these values are a constant factor in the lives of succeed- ing generations of the same group.

110 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

How the ideas of a people mediate their approach even to the physical world can be made plain by a few examples. Indians living in the south- western part of the United States think in terms of six cardinal points rather than four. In addition to north, south, east, and west, they include the directions “up” and “down.” From the point of view that the universe is three-dimensional, these Indians are entirely realistic. Among ourselves, even in airplane navigation, where three dimensions must be coped with as they need not by those who keep to the surface of the earth, we sepa- rate direction from height in instruments and in our thinking about posi- tion. We operate, conceptually, on two distinct planes. One is horizontal—”We are traveling ENE.” One is vertical—”We are now cruis- ing at 8000 feet.”

Or take a problem in the patterning of sound. We accept the concept of the wave length, tune pianos in accordance with a mechanically deter- mined scale, and are thus conditioned to what we call true pitch. Some persons, we say, have absolute pitch; that is, a note struck or sung at ran- dom will immediately be given its place in the scale—“That’s B flat.” A composition learned in a given key, when transposed, will deeply trouble such a person, though those who are musically trained but do not have true pitch will enjoy such a transposed work, if the relation of each note to every other has not been disturbed. Let us assume that it is proposed to study whether this ability to identify a note is an inborn trait, found among varying but small percentages of individuals in various societies. The difficulty of probing such a question appears immediately once we discover that but few peoples have fixed scales, and none other than our- selves has the concept of true pitch! Those living in cultures without mechanically tuned and true instruments are free to enjoy notes that are as much as a quarter-tone “off,” as we would say. As for the patterned pro- gressions in which the typical scales and modal orientations of any musical convention are set, the number of such systems, each of which is consis- tent within its own limits, is infinite.

The principle that judgments are derived from experience has a sure psychological foundation. This has been best expressed by Sherif in his development of the hypothesis of “social norms.” His experiments are fun- damental, and his accessory concept of the “frame of reference,” the back- ground to which experience is referred, has become standard in social psychology. Because of its importance for an understanding of cultural dif- ferences, we shall briefly describe the work he did in testing his hypothesis that “experience appears to depend always upon relations.” 2

The subjects were introduced into a dark room where a dim light appeared and disappeared when an electric key was pressed. Some sub- jects were brought into the room, first alone and later as members of groups, while others were exposed to the group situation before they were tested individually. Though the light was fixed, the autokinetic response3

Cultural Relativism and Cultural Values (selection): Reading 111

09_bos5511X_Ch07_p187-224.indd 197 7/24/14 8:41 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics198 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

to a situation like this is such that the subject perceives movement where there is none, since being in a room that is perfectly dark, he has no fixed point from which to judge motion. Judgments obtained from each subject individually conclusively demonstrated that individuals subjectively estab- lish “a range of extent and a point (a standard or norm) within that range which is peculiar to the individual”4 when no objective standard is avail- able to them, and that in repetitions of the experiment the established range is retained. In the group situation, diversity of individual judgments concerning the extent of movement by the light became gradually less. But each group establishes a norm peculiar to itself, after which the indi- vidual member “perceives the situation in terms of the range and norm that he brings from the group situation.”5

The general principle advanced on the basis of these results and those of many other relevant psychological experiments may be given in the words of Sherif:

The psychological basis of the established social norms, such as stereotypes, fash- ions, conventions, customs, and values, is the formation of common frames of ref- erence as a product of the contact of individuals. Once such frames of reference are established and incorporated in the individual, they enter as important factors to determine or modify his reactions to the situations he will face later—social, and even nonsocial, at times, especially if the stimulus field is not well structured [—that is, if the experience is one for which precedents in accustomed behavior are lacking].6

In extending Sherif’s position in terms of the cross-cultural factor, but with stress laid on the influence of culture on the perceptive processes in general, Hallowell has stated:

Dynamically conceived, perception is one of the basic integral functions of an ongoing adjustment process on the part of any organism viewed as a whole. . . . In our species, therefore, what is learned and the content of acquired experience in one society as compared to another constitute important variables with reference to full understanding, explanation, or prediction of the behavior of individuals who have received a common preparation for action.7

And he quotes from a paper by Bartlett, the psychologist: “Everybody now realizes that perceptual meanings, which have an enormous influence upon social life, vary from social setting to social setting, and the field anthropologist has a golden opportunity to study the limits of such varia- tion and its importance.”8

Numerous instances of how the norms posited by Sherif vary may be found in the anthropological literature. They are so powerful that they can flourish even in the face of what seems to the outsider an obvious, objectively verifiable fact. Thus, while recognizing the role of both father and mother in procreation, many peoples have conventions of relation- ship that count descent on but one side of the family. In such societies, it is common for incest lines to be so arbitrarily defined that “first cousins,” as we would say, on the mother’s side call each other brother and sister

112 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

and regard marriage with one another with horror. Yet marriage within the same degree of biological relationship on the father’s side may be held not only desirable, but sometimes mandatory. This is because two persons related in this way are by definition not considered blood relatives.

The very definition of what is normal or abnormal is relative to the cultural frame of reference. As an example of this, we may take the phe- nomenon of possession as found among African and New World Negroes. The supreme expression of their religious experience, possession, is a psy- chological state wherein a displacement of personality occurs when the god “comes to the head” of the worshipper. The individual thereupon is held to be the deity himself. This phenomenon has been described in pathological terms by many students whose approach is nonanthropologi- cal, because of its surface resemblance to cases in the records of medical practitioners, psychological clinicians, psychiatrists, and others. The hyste- ria-like trances, where persons, their eyes tightly closed, move about excit- edly and presumably without purpose or design, or roll on the ground, muttering meaningless syllables, or go into a state where their bodies achieve complete rigidity, are not difficult to equate with the neurotic and even psychotic manifestations of abnormality found in Euroamerican society.

Yet when we look beneath behavior to meaning, and place such appar- ently random acts in their cultural frame of reference, such conclusions become untenable. For relative to the setting in which these possession experi- ences occur, they are not to be regarded as abnormal at all, much less psy- chopathological. They are culturally patterned, and often induced by learning and discipline. The dancing or other acts of the possessed per- sons are so stylized that one who knows this religion can identify the god possessing a devotee by the behavior of the individual possessed. Further- more, the possession experience does not seem to be confined to emo- tionally unstable persons. Those who “get the god” run the gamut of personality types found in the group. Observation of persons who fre- quent the cults, yet who, in the idiom of worship, “have nothing in the head” and thus never experience possession, seems to show that they are far less adjusted than those who do get possessed. Finally, the nature of the possession experience in these cultures is so disciplined that it may only come to a given devotee under particular circumstances. In West Africa and Brazil the gods come only to those who have been designated in advance by the priest of their group, who lays his hands on their heads. In Haiti, for an initiate not a member of the family group giving a rite to become possessed at a ceremony is considered extremely “bad form” socially and a sign of spiritual weakness, evidence that the god is not under the control of his worshipper.

The terminology of psychopathology, employed solely for descriptive purposes, may be of some utility. But the connotation it carries of psychic instability, emotional imbalance, and departure from normality recom-

Cultural Relativism and Cultural Values (selection): Reading 113

09_bos5511X_Ch07_p187-224.indd 198 7/24/14 8:41 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Cultural Relativism and Cultural Values (selection): Reading 199Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

to a situation like this is such that the subject perceives movement where there is none, since being in a room that is perfectly dark, he has no fixed point from which to judge motion. Judgments obtained from each subject individually conclusively demonstrated that individuals subjectively estab- lish “a range of extent and a point (a standard or norm) within that range which is peculiar to the individual”4 when no objective standard is avail- able to them, and that in repetitions of the experiment the established range is retained. In the group situation, diversity of individual judgments concerning the extent of movement by the light became gradually less. But each group establishes a norm peculiar to itself, after which the indi- vidual member “perceives the situation in terms of the range and norm that he brings from the group situation.”5

The general principle advanced on the basis of these results and those of many other relevant psychological experiments may be given in the words of Sherif:

The psychological basis of the established social norms, such as stereotypes, fash- ions, conventions, customs, and values, is the formation of common frames of ref- erence as a product of the contact of individuals. Once such frames of reference are established and incorporated in the individual, they enter as important factors to determine or modify his reactions to the situations he will face later—social, and even nonsocial, at times, especially if the stimulus field is not well structured [—that is, if the experience is one for which precedents in accustomed behavior are lacking].6

In extending Sherif’s position in terms of the cross-cultural factor, but with stress laid on the influence of culture on the perceptive processes in general, Hallowell has stated:

Dynamically conceived, perception is one of the basic integral functions of an ongoing adjustment process on the part of any organism viewed as a whole. . . . In our species, therefore, what is learned and the content of acquired experience in one society as compared to another constitute important variables with reference to full understanding, explanation, or prediction of the behavior of individuals who have received a common preparation for action.7

And he quotes from a paper by Bartlett, the psychologist: “Everybody now realizes that perceptual meanings, which have an enormous influence upon social life, vary from social setting to social setting, and the field anthropologist has a golden opportunity to study the limits of such varia- tion and its importance.”8

Numerous instances of how the norms posited by Sherif vary may be found in the anthropological literature. They are so powerful that they can flourish even in the face of what seems to the outsider an obvious, objectively verifiable fact. Thus, while recognizing the role of both father and mother in procreation, many peoples have conventions of relation- ship that count descent on but one side of the family. In such societies, it is common for incest lines to be so arbitrarily defined that “first cousins,” as we would say, on the mother’s side call each other brother and sister

112 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

and regard marriage with one another with horror. Yet marriage within the same degree of biological relationship on the father’s side may be held not only desirable, but sometimes mandatory. This is because two persons related in this way are by definition not considered blood relatives.

The very definition of what is normal or abnormal is relative to the cultural frame of reference. As an example of this, we may take the phe- nomenon of possession as found among African and New World Negroes. The supreme expression of their religious experience, possession, is a psy- chological state wherein a displacement of personality occurs when the god “comes to the head” of the worshipper. The individual thereupon is held to be the deity himself. This phenomenon has been described in pathological terms by many students whose approach is nonanthropologi- cal, because of its surface resemblance to cases in the records of medical practitioners, psychological clinicians, psychiatrists, and others. The hyste- ria-like trances, where persons, their eyes tightly closed, move about excit- edly and presumably without purpose or design, or roll on the ground, muttering meaningless syllables, or go into a state where their bodies achieve complete rigidity, are not difficult to equate with the neurotic and even psychotic manifestations of abnormality found in Euroamerican society.

Yet when we look beneath behavior to meaning, and place such appar- ently random acts in their cultural frame of reference, such conclusions become untenable. For relative to the setting in which these possession experi- ences occur, they are not to be regarded as abnormal at all, much less psy- chopathological. They are culturally patterned, and often induced by learning and discipline. The dancing or other acts of the possessed per- sons are so stylized that one who knows this religion can identify the god possessing a devotee by the behavior of the individual possessed. Further- more, the possession experience does not seem to be confined to emo- tionally unstable persons. Those who “get the god” run the gamut of personality types found in the group. Observation of persons who fre- quent the cults, yet who, in the idiom of worship, “have nothing in the head” and thus never experience possession, seems to show that they are far less adjusted than those who do get possessed. Finally, the nature of the possession experience in these cultures is so disciplined that it may only come to a given devotee under particular circumstances. In West Africa and Brazil the gods come only to those who have been designated in advance by the priest of their group, who lays his hands on their heads. In Haiti, for an initiate not a member of the family group giving a rite to become possessed at a ceremony is considered extremely “bad form” socially and a sign of spiritual weakness, evidence that the god is not under the control of his worshipper.

The terminology of psychopathology, employed solely for descriptive purposes, may be of some utility. But the connotation it carries of psychic instability, emotional imbalance, and departure from normality recom-

Cultural Relativism and Cultural Values (selection): Reading 113

09_bos5511X_Ch07_p187-224.indd 199 7/24/14 8:41 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics200 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

mends the use of other words that do not invite such a distortion of cul- tural reality. For in these Negro societies, the meaning this experience holds for the people falls entirely in the realm of understandable, pre- dictable, normal behavior. This behavior is known and recognized by all members as an experience that may come to any one of them, and is to be welcomed not only for the psychological security it affords, but also for the status, economic gain, aesthetic expression, and emotional release it vouchsafes the devotee.

3

The primary mechanism that directs the evaluation of culture is ethnocen- trism. Ethnocentrism is the point of view that one’s own way of life is to be preferred to all others. Flowing logically from the process of early encul- turation, it characterizes the way most individuals feel about their own cul- ture, whether or not they verbalize their feeling. Outside the stream of Euroamerican culture, particularly among nonliterate peoples, this is taken for granted and is to be viewed as a factor making for individual adjustment and social integration. For the strengthening of the ego, iden- tification with one’s own group, whose ways are implicitly accepted as best, is all-important. It is when, as in Euroamerican culture, ethnocentrism is rationalized and made the basis of programs of action detrimental to the well-being of other peoples that it gives rise to serious problems.

The ethnocentrism of nonliterate peoples is best illustrated in their myths, folk tales, proverbs, and linguistic habits. It is manifest in many tribal names whose meaning in their respective languages signifies “human beings.” The inference that those to whom the name does not apply are outside this category is, however, rarely, if ever, explicitly made. When the Suriname Bush Negro, shown a flashlight, admires it and then quotes the proverb “White man’s magic isn’t black man’s magic,” he is merely reaffirming his faith in his own culture. He is pointing out that the stranger, for all his mechanical devices, would be lost in the Guiana jungle without the aid of his Bush Negro friends.

A myth of the origin of human races, told by the Cherokee Indians of the Great Smoky Mountains, gives another instance of this kind of ethno- centrism. The Creator fashioned man by first making and firing an oven and then, from dough he had prepared, shaping three figures in human form. He placed the figures in the oven and waited for them to get done. But his impatience to see the result of this, his crowning experiment in the work of creation, was so great that he removed the first figure too soon. It was sadly underdone—pale, an unlovely color—and from it descended the white people. His second figure had fared well. The timing was accurate, the form, richly browned, that was to be the ancestor of the Indians, pleased him in every way. He so admired it, indeed, that he neg- lected to take out of the oven the third form, until he smelled it burning.

114 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

He threw open the door, only to find this last one charred and black. It was regrettable, but there was nothing to be done; and this was the first Negro.9

This is the more usual form that ethnocentrism takes among many peoples—a gentle insistence on the good qualities of one’s own group, without any drive to extend this attitude into the field of action. With such a point of view, the objectives, sanctioned modes of behavior, and value systems of peoples with whom one’s own group comes into contact can be considered in terms of their desirability, then accepted or rejected without any reference to absolute standards. That differences in the manner of achieving commonly sought objectives may be permitted to exist without a judgment being entered on them involves a reorientation in thought for those in the Euroamerican tradition, because in this tradition, a difference in belief or behavior too often implies something is worse, or less desir- able, and must be changed.

The assumption that the cultures of nonliterate peoples are of inferior quality is the end product of a long series of developments in our intellec- tual history. It is not often recalled that the concept of progress, which strikes so deep into our thinking, is relatively recent. It is, in fact, a unique product of our culture. It is a part of the same historic stream that devel- oped the scientific tradition and that developed the machine, thus giving Europe and America the final word in debates about cultural superiority. “He who makes the gunpowder wields the power,” runs a Dahomean proverb. There is no rebuttal to an argument, backed by cannon, advanced to a people who can defend their position with no more than spears, or bows and arrows, or at best a flintlock gun.

With the possible exception of technological aspects of life, however, the proposition that one way of thought or action is better than another is exceedingly difficult to establish on the grounds of any universally accept- able criteria. Let us take food as an instance. Cultures are equipped differ- ently for the production of food, so that some peoples eat more than others. However, even on the subsistence level, there is no people who do not hold certain potential foodstuffs to be unfit for human consumption. Milk, which figures importantly in our diet, is rejected as food by the peo- ples of southeastern Asia. Beef, a valued element of the Euroamerican cui- sine, is regarded with disgust by Hindus. Nor need compulsions be this strong. The thousands of cattle that range the East African highlands are primarily wealth to be preserved, and not a source of food. Only the cow that dies is eaten—a practice that, though abhorrent to us, has apparently done no harm to those who have been following it for generations.

Totemic and religious taboos set up further restrictions on available foodstuffs, while the refusal to consume many other edible and nourishing substances is simply based on the enculturative conditioning. So strong is this conditioning that prohibited food consumed unwittingly may induce

Cultural Relativism and Cultural Values (selection): Reading 115

09_bos5511X_Ch07_p187-224.indd 200 7/24/14 8:41 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Cultural Relativism and Cultural Values (selection): Reading 201Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

mends the use of other words that do not invite such a distortion of cul- tural reality. For in these Negro societies, the meaning this experience holds for the people falls entirely in the realm of understandable, pre- dictable, normal behavior. This behavior is known and recognized by all members as an experience that may come to any one of them, and is to be welcomed not only for the psychological security it affords, but also for the status, economic gain, aesthetic expression, and emotional release it vouchsafes the devotee.

3

The primary mechanism that directs the evaluation of culture is ethnocen- trism. Ethnocentrism is the point of view that one’s own way of life is to be preferred to all others. Flowing logically from the process of early encul- turation, it characterizes the way most individuals feel about their own cul- ture, whether or not they verbalize their feeling. Outside the stream of Euroamerican culture, particularly among nonliterate peoples, this is taken for granted and is to be viewed as a factor making for individual adjustment and social integration. For the strengthening of the ego, iden- tification with one’s own group, whose ways are implicitly accepted as best, is all-important. It is when, as in Euroamerican culture, ethnocentrism is rationalized and made the basis of programs of action detrimental to the well-being of other peoples that it gives rise to serious problems.

The ethnocentrism of nonliterate peoples is best illustrated in their myths, folk tales, proverbs, and linguistic habits. It is manifest in many tribal names whose meaning in their respective languages signifies “human beings.” The inference that those to whom the name does not apply are outside this category is, however, rarely, if ever, explicitly made. When the Suriname Bush Negro, shown a flashlight, admires it and then quotes the proverb “White man’s magic isn’t black man’s magic,” he is merely reaffirming his faith in his own culture. He is pointing out that the stranger, for all his mechanical devices, would be lost in the Guiana jungle without the aid of his Bush Negro friends.

A myth of the origin of human races, told by the Cherokee Indians of the Great Smoky Mountains, gives another instance of this kind of ethno- centrism. The Creator fashioned man by first making and firing an oven and then, from dough he had prepared, shaping three figures in human form. He placed the figures in the oven and waited for them to get done. But his impatience to see the result of this, his crowning experiment in the work of creation, was so great that he removed the first figure too soon. It was sadly underdone—pale, an unlovely color—and from it descended the white people. His second figure had fared well. The timing was accurate, the form, richly browned, that was to be the ancestor of the Indians, pleased him in every way. He so admired it, indeed, that he neg- lected to take out of the oven the third form, until he smelled it burning.

114 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

He threw open the door, only to find this last one charred and black. It was regrettable, but there was nothing to be done; and this was the first Negro.9

This is the more usual form that ethnocentrism takes among many peoples—a gentle insistence on the good qualities of one’s own group, without any drive to extend this attitude into the field of action. With such a point of view, the objectives, sanctioned modes of behavior, and value systems of peoples with whom one’s own group comes into contact can be considered in terms of their desirability, then accepted or rejected without any reference to absolute standards. That differences in the manner of achieving commonly sought objectives may be permitted to exist without a judgment being entered on them involves a reorientation in thought for those in the Euroamerican tradition, because in this tradition, a difference in belief or behavior too often implies something is worse, or less desir- able, and must be changed.

The assumption that the cultures of nonliterate peoples are of inferior quality is the end product of a long series of developments in our intellec- tual history. It is not often recalled that the concept of progress, which strikes so deep into our thinking, is relatively recent. It is, in fact, a unique product of our culture. It is a part of the same historic stream that devel- oped the scientific tradition and that developed the machine, thus giving Europe and America the final word in debates about cultural superiority. “He who makes the gunpowder wields the power,” runs a Dahomean proverb. There is no rebuttal to an argument, backed by cannon, advanced to a people who can defend their position with no more than spears, or bows and arrows, or at best a flintlock gun.

With the possible exception of technological aspects of life, however, the proposition that one way of thought or action is better than another is exceedingly difficult to establish on the grounds of any universally accept- able criteria. Let us take food as an instance. Cultures are equipped differ- ently for the production of food, so that some peoples eat more than others. However, even on the subsistence level, there is no people who do not hold certain potential foodstuffs to be unfit for human consumption. Milk, which figures importantly in our diet, is rejected as food by the peo- ples of southeastern Asia. Beef, a valued element of the Euroamerican cui- sine, is regarded with disgust by Hindus. Nor need compulsions be this strong. The thousands of cattle that range the East African highlands are primarily wealth to be preserved, and not a source of food. Only the cow that dies is eaten—a practice that, though abhorrent to us, has apparently done no harm to those who have been following it for generations.

Totemic and religious taboos set up further restrictions on available foodstuffs, while the refusal to consume many other edible and nourishing substances is simply based on the enculturative conditioning. So strong is this conditioning that prohibited food consumed unwittingly may induce

Cultural Relativism and Cultural Values (selection): Reading 115

09_bos5511X_Ch07_p187-224.indd 201 7/24/14 8:41 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics202 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

such a physiological reaction as vomiting. All young animals provide suc- culent meat, but the religious abhorrence of the young pig by the Mohammedan is no stronger than the secular rejection of puppy steaks or colt chops by ourselves. Ant larvae, insect grubs, locusts—all of which have caloric values and vitamin content—when roasted or otherwise cooked, or even when raw, are regarded by many peoples as delicacies. We never eat them, however, though they are equally available to us. On the other hand, some of the same peoples who feed on these with gusto regard sub- stances that come out of tin cans as unfit for human consumption. . . .

5

Before we terminate our discussion of cultural relativism, it is important that we consider certain questions that are raised when the cultural- relativistic position is advanced. “It may be true,” it is argued, “that human beings live in accordance with the ways they have learned. These ways may be regarded by them as best. A people may be so devoted to these ways that they are ready to fight and die for them. In terms of survival value, their effectiveness may be admitted, since the group that lives in accor- dance with them continues to exist. But does this mean that all systems of moral values, all concepts of right and wrong, are founded on such shift- ing sands that there is no need for morality, for proper behavior, for ethi- cal codes? Does not a relativistic philosophy, indeed, imply a negation of these?”

To hold that values do not exist because they are relative to time and place is to fall prey to a fallacy that results from a failure to take into account the positive contribution of the relativistic position. For cultural relativism is a philosophy that recognizes the values set up by every society to guide its own life and that understands their worth to those who live by them, though they may differ from one’s own. Instead of underscoring dif- ferences from absolute norms that, however objectively arrived at, are nonetheless the product of a given time or place, the relativistic point of view brings into relief the validity of every set of norms for the people who have them, and the values these represent.

It is essential, in considering cultural relativism, that we differentiate absolutes from universals. Absolutes are fixed, and, as far as convention is concerned, are not admitted to have variation, to differ from culture to culture, from epoch to epoch. Universals, on the other hand, are those least common denominators to be extracted from the range of variation that all phenomena of the natural or cultural world manifest. If we apply the distinction between these two concepts in drawing an answer to the points raised in our question, these criticisms are found to lose their force. To say that there is no absolute criterion of values or morals, or even, psy- chologically, of time or space, does not mean that such criteria, in differ- ing forms, do not comprise universals in human culture. Morality is a

116 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

universal, and so is enjoyment of beauty, and some standard for truth. The many forms these concepts take are but products of the particular histori- cal experience of the societies that manifest them. In each, criteria are subject to continuous questioning, continuous change. But the basic con- ceptions remain, to channel thought and direct conduct, to give purpose to living.

In considering cultural relativism, also, we must recognize that it has three quite different aspects, which in most discussions of it tend to be dis- regarded. One of these is methodological, one philosophical, and one practical. As it has been put:

As method, relativism encompasses the principle of our science that, in studying a culture, one seeks to attain as great a degree of objectivity as possible; that one does not judge the modes of behavior one is describing, or seek to change them. Rather, one seeks to understand the sanctions of behavior in terms of the estab- lished relationships within the culture itself, and refrains from making interpreta- tions that arise from a preconceived frame of reference. Relativism as philosophy concerns the nature of cultural values, and, beyond this, the implications of an epistemology10 that derives from a recognition of the force of enculturative condi- tioning in shaping thought and behavior. Its practical aspects involve the applica- tion—the practice—of the philosophical principles derived from this method, to the wider, cross-cultural scene.11

We may follow this reasoning somewhat further.

In these terms, the three aspects of cultural relativism can be regarded as repre- senting a logical sequence which, in a broad sense, the historical development of the idea has also followed. That is, the methodological aspect, whereby the data from which the epistemological propositions flow are gathered, ordered and assessed, came first. For it is difficult to conceive of a systematic theory of cultural relativism—as against a generalized idea of live-and-let-live—without the preexis- tence of the massive ethnographic documentation gathered by anthropologists concerning the similarities and differences between cultures the world over. Out of these data came the philosophical position, and with the philosophical position came speculation as to its implications for conduct.12

Cultural relativism, in all cases, must be sharply distinguished from concepts of the relativity of individual behavior, which would negate all social controls over conduct. Conformity to the code of the group is a requirement for any regularity in life. Yet to say that we have a right to expect conformity to the code of our day for ourselves does not imply that we need expect, much less impose, conformity to our code on persons who live by other codes. The very core of cultural relativism is the social discipline that comes of respect for differences—of mutual respect. Emphasis on the worth of many ways of life, not one, is an affirmation of the values in each culture. Such emphasis seeks to understand and to har- monize goals, not to judge and destroy those that do not dovetail with our own. Cultural history teaches that, important as it is to discern and study the parallelisms in human civilizations, it is no less important to discern and study the different ways man has devised to fulfill his needs.

Cultural Relativism and Cultural Values (selection): Reading 117

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Cultural Relativism and Cultural Values (selection): Reading 203Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

such a physiological reaction as vomiting. All young animals provide suc- culent meat, but the religious abhorrence of the young pig by the Mohammedan is no stronger than the secular rejection of puppy steaks or colt chops by ourselves. Ant larvae, insect grubs, locusts—all of which have caloric values and vitamin content—when roasted or otherwise cooked, or even when raw, are regarded by many peoples as delicacies. We never eat them, however, though they are equally available to us. On the other hand, some of the same peoples who feed on these with gusto regard sub- stances that come out of tin cans as unfit for human consumption. . . .

5

Before we terminate our discussion of cultural relativism, it is important that we consider certain questions that are raised when the cultural- relativistic position is advanced. “It may be true,” it is argued, “that human beings live in accordance with the ways they have learned. These ways may be regarded by them as best. A people may be so devoted to these ways that they are ready to fight and die for them. In terms of survival value, their effectiveness may be admitted, since the group that lives in accor- dance with them continues to exist. But does this mean that all systems of moral values, all concepts of right and wrong, are founded on such shift- ing sands that there is no need for morality, for proper behavior, for ethi- cal codes? Does not a relativistic philosophy, indeed, imply a negation of these?”

To hold that values do not exist because they are relative to time and place is to fall prey to a fallacy that results from a failure to take into account the positive contribution of the relativistic position. For cultural relativism is a philosophy that recognizes the values set up by every society to guide its own life and that understands their worth to those who live by them, though they may differ from one’s own. Instead of underscoring dif- ferences from absolute norms that, however objectively arrived at, are nonetheless the product of a given time or place, the relativistic point of view brings into relief the validity of every set of norms for the people who have them, and the values these represent.

It is essential, in considering cultural relativism, that we differentiate absolutes from universals. Absolutes are fixed, and, as far as convention is concerned, are not admitted to have variation, to differ from culture to culture, from epoch to epoch. Universals, on the other hand, are those least common denominators to be extracted from the range of variation that all phenomena of the natural or cultural world manifest. If we apply the distinction between these two concepts in drawing an answer to the points raised in our question, these criticisms are found to lose their force. To say that there is no absolute criterion of values or morals, or even, psy- chologically, of time or space, does not mean that such criteria, in differ- ing forms, do not comprise universals in human culture. Morality is a

116 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

universal, and so is enjoyment of beauty, and some standard for truth. The many forms these concepts take are but products of the particular histori- cal experience of the societies that manifest them. In each, criteria are subject to continuous questioning, continuous change. But the basic con- ceptions remain, to channel thought and direct conduct, to give purpose to living.

In considering cultural relativism, also, we must recognize that it has three quite different aspects, which in most discussions of it tend to be dis- regarded. One of these is methodological, one philosophical, and one practical. As it has been put:

As method, relativism encompasses the principle of our science that, in studying a culture, one seeks to attain as great a degree of objectivity as possible; that one does not judge the modes of behavior one is describing, or seek to change them. Rather, one seeks to understand the sanctions of behavior in terms of the estab- lished relationships within the culture itself, and refrains from making interpreta- tions that arise from a preconceived frame of reference. Relativism as philosophy concerns the nature of cultural values, and, beyond this, the implications of an epistemology10 that derives from a recognition of the force of enculturative condi- tioning in shaping thought and behavior. Its practical aspects involve the applica- tion—the practice—of the philosophical principles derived from this method, to the wider, cross-cultural scene.11

We may follow this reasoning somewhat further.

In these terms, the three aspects of cultural relativism can be regarded as repre- senting a logical sequence which, in a broad sense, the historical development of the idea has also followed. That is, the methodological aspect, whereby the data from which the epistemological propositions flow are gathered, ordered and assessed, came first. For it is difficult to conceive of a systematic theory of cultural relativism—as against a generalized idea of live-and-let-live—without the preexis- tence of the massive ethnographic documentation gathered by anthropologists concerning the similarities and differences between cultures the world over. Out of these data came the philosophical position, and with the philosophical position came speculation as to its implications for conduct.12

Cultural relativism, in all cases, must be sharply distinguished from concepts of the relativity of individual behavior, which would negate all social controls over conduct. Conformity to the code of the group is a requirement for any regularity in life. Yet to say that we have a right to expect conformity to the code of our day for ourselves does not imply that we need expect, much less impose, conformity to our code on persons who live by other codes. The very core of cultural relativism is the social discipline that comes of respect for differences—of mutual respect. Emphasis on the worth of many ways of life, not one, is an affirmation of the values in each culture. Such emphasis seeks to understand and to har- monize goals, not to judge and destroy those that do not dovetail with our own. Cultural history teaches that, important as it is to discern and study the parallelisms in human civilizations, it is no less important to discern and study the different ways man has devised to fulfill his needs.

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An Examined Life: Critical Thinking and Ethics204 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

That it has been necessary to consider questions such as have been raised reflects an enculturative experience wherein the prevalent system of morals is not only consciously inculcated, but its exclusive claim to excel- lence emphasized. There are not many cultures, for example, where a rigid dichotomy between good and evil, such as we have set up, is insisted upon. Rather it is recognized that good and evil are but the extremes of a continuously varied scale between these poles that produces only different degrees of greyness. We thus return to the principle enunciated earlier, that “judgments are based on experience, and experience is interpreted by each individual in terms of his enculturation.” In a culture where absolute values are stressed, the relativism of a world that encompasses many ways of living will be difficult to comprehend. Rather, it will offer a field day for value judgments based on the degree to which a given body of customs resembles or differs from those of Euroamerican culture.

Once comprehended, however, and employing the field methods of the scientific student of man, together with an awareness of the satisfac- tions the most varied bodies of custom yield, this position gives us a lever- age to lift us out of the ethnocentric morass in which our thinking about ultimate values has for so long bogged down. With a means of probing deeply into all manner of differing cultural orientations, of reaching into the significance of the ways of living of different peoples, we can turn again to our own culture with fresh perspective, and an objectivity that can be achieved in no other manner.

N O T E S

1. Ernst Cassirer, An Essay on Man: An Introduction to a Philosophy of Human Culture (Oxford, England: Oxford University Press, 1944), p. 25. [M. J. HERSKOVITS] Cassirer (1874–1945) was a German philosopher. [D. C. ABEL, editor]

2. Muzafer Sherif, The Psychology of Social Norms (New York: Harper & Brothers, 1936), p. 32. [M. J. HERSKOVITS] Sherif (1908–1988) was an American (Turkish-born) psychologist. [D. C. ABEL]

3. autokinetic response: the illusory experience that a stationary object in an otherwise empty field is moving [D. C. ABEL]

4. Sherif, The Psychology of Social Norms, p. 96 [M. J. HERSKOVITS] 5. Ibid., p. 105 [M. J. HERSKOVITS] 6. Ibid., p. 106 [M. J. HERSKOVITS] 7. A. Irving Hallowell, “Cultural Factors in the Structuralization of

Perception,” in Social Psychology at the Crossroads, ed. John H. Rohrer and Muzafer Sherif (New York: Harper, 1951), p. 166. [M. J. HERSKOVITS] Hallowell (1982–1974) was an American anthropologist. [D. C. ABEL]

118 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

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8. Ibid., p. 190. [M. J. HERSKOVITS] F. C. Bartlett (1886–1969) was a British psychologist. The quotation is from Bartlett’s article “Psychological Methods and Anthropological Problems,” Africa: Journal of the International African Institute, 10 (October 1937): 407. [D. C. ABEL]

9. This unpublished myth was told to F. M. Olbrechts of Brussels, Belgium, in the course of field work among the Cherokee. His having made it available is gratefully acknowledged. A similar tale has been recorded from the Albany Cree. [M. J. HERSKOVITS]

10. epistemology: the study of the nature and grounds of knowledge [D. C. ABEL]

11. Melville J. Herskovits, “Tender- and Tough-Minded Anthropology and the Study of Values in Culture,” Southwestern Journal of Anthropology 7 (Spring 1951): 24 [M. J. HERSKOVITS]

12. Ibid. [M. J. HERSKOVITS]

Cultural Relativism and Cultural Values (selection): Reading 119

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Cultural Relativism and Cultural Values (selection): Reading 205Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

That it has been necessary to consider questions such as have been raised reflects an enculturative experience wherein the prevalent system of morals is not only consciously inculcated, but its exclusive claim to excel- lence emphasized. There are not many cultures, for example, where a rigid dichotomy between good and evil, such as we have set up, is insisted upon. Rather it is recognized that good and evil are but the extremes of a continuously varied scale between these poles that produces only different degrees of greyness. We thus return to the principle enunciated earlier, that “judgments are based on experience, and experience is interpreted by each individual in terms of his enculturation.” In a culture where absolute values are stressed, the relativism of a world that encompasses many ways of living will be difficult to comprehend. Rather, it will offer a field day for value judgments based on the degree to which a given body of customs resembles or differs from those of Euroamerican culture.

Once comprehended, however, and employing the field methods of the scientific student of man, together with an awareness of the satisfac- tions the most varied bodies of custom yield, this position gives us a lever- age to lift us out of the ethnocentric morass in which our thinking about ultimate values has for so long bogged down. With a means of probing deeply into all manner of differing cultural orientations, of reaching into the significance of the ways of living of different peoples, we can turn again to our own culture with fresh perspective, and an objectivity that can be achieved in no other manner.

N O T E S

1. Ernst Cassirer, An Essay on Man: An Introduction to a Philosophy of Human Culture (Oxford, England: Oxford University Press, 1944), p. 25. [M. J. HERSKOVITS] Cassirer (1874–1945) was a German philosopher. [D. C. ABEL, editor]

2. Muzafer Sherif, The Psychology of Social Norms (New York: Harper & Brothers, 1936), p. 32. [M. J. HERSKOVITS] Sherif (1908–1988) was an American (Turkish-born) psychologist. [D. C. ABEL]

3. autokinetic response: the illusory experience that a stationary object in an otherwise empty field is moving [D. C. ABEL]

4. Sherif, The Psychology of Social Norms, p. 96 [M. J. HERSKOVITS] 5. Ibid., p. 105 [M. J. HERSKOVITS] 6. Ibid., p. 106 [M. J. HERSKOVITS] 7. A. Irving Hallowell, “Cultural Factors in the Structuralization of

Perception,” in Social Psychology at the Crossroads, ed. John H. Rohrer and Muzafer Sherif (New York: Harper, 1951), p. 166. [M. J. HERSKOVITS] Hallowell (1982–1974) was an American anthropologist. [D. C. ABEL]

118 An Examined Life Critical Thinking and Ethics Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

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8. Ibid., p. 190. [M. J. HERSKOVITS] F. C. Bartlett (1886–1969) was a British psychologist. The quotation is from Bartlett’s article “Psychological Methods and Anthropological Problems,” Africa: Journal of the International African Institute, 10 (October 1937): 407. [D. C. ABEL]

9. This unpublished myth was told to F. M. Olbrechts of Brussels, Belgium, in the course of field work among the Cherokee. His having made it available is gratefully acknowledged. A similar tale has been recorded from the Albany Cree. [M. J. HERSKOVITS]

10. epistemology: the study of the nature and grounds of knowledge [D. C. ABEL]

11. Melville J. Herskovits, “Tender- and Tough-Minded Anthropology and the Study of Values in Culture,” Southwestern Journal of Anthropology 7 (Spring 1951): 24 [M. J. HERSKOVITS]

12. Ibid. [M. J. HERSKOVITS]

Cultural Relativism and Cultural Values (selection): Reading 119

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics206 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

Cultural Relativism and Cultural Values Melville J. Herskovits

Reading Questions

According to Herskovits:

1. What does the example of the Dahomean family structure illustrate?

2. What is the principle of cultural relativism?

3. How does early enculturation lead to ethnocentrism?

4. How do cultural absolutes differ from cultural universals? How does this distinction apply to morality?

5. How do methodological, philosophical, and practical relativism differ?

Discussion Questions

In your own view:

1. Does the enculturation of the person who evaluates another culture make it impossible for that person to give an objective evaluation?

2. If a moral value differs widely from culture to culture, is this evidence that the value is culturally relative? Is it conclusive evidence?

3. Are all moral values relative to the culture in which they appear?

4. Are the things that Herskovits calls “cultural universals” in some sense cultural absolutes?

5. If moral values are culturally determined, is it immoral to act against the accepted values of one’s own culture?

120 An Examined Life Critical Thinking and Ethics

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“I hope this isn’t meant to be a criticism of our current life style.” 121

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

207“I hope this isn’t meant to be a criticism of our current life style.”Abel: Discourses Ethical Theories Melville J. Herskovits, ‘‘Cultural Relativism and Cultural Values’’ (selection)

© The McGraw−Hill Companies, 2010

Cultural Relativism and Cultural Values Melville J. Herskovits

Reading Questions

According to Herskovits:

1. What does the example of the Dahomean family structure illustrate?

2. What is the principle of cultural relativism?

3. How does early enculturation lead to ethnocentrism?

4. How do cultural absolutes differ from cultural universals? How does this distinction apply to morality?

5. How do methodological, philosophical, and practical relativism differ?

Discussion Questions

In your own view:

1. Does the enculturation of the person who evaluates another culture make it impossible for that person to give an objective evaluation?

2. If a moral value differs widely from culture to culture, is this evidence that the value is culturally relative? Is it conclusive evidence?

3. Are all moral values relative to the culture in which they appear?

4. Are the things that Herskovits calls “cultural universals” in some sense cultural absolutes?

5. If moral values are culturally determined, is it immoral to act against the accepted values of one’s own culture?

120 An Examined Life Critical Thinking and Ethics

© Frank Cotham//e New Yorker Collection/from www.cartoonbank.com

“I hope this isn’t meant to be a criticism of our current life style.” 121

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics208 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Plato Euthyphro (complete text) © The McGraw−Hill Companies, 2008

Euthyphro

Plato

Euthyphro: Why have you left the Lyceum, Socrates, and what are you doing at the porch of the king-archon? Surely you cannot be involved in a suit before the king-archon as I am.

Socrates: Not in a suit, Euthyphro; indictment is the word the Athenians use.

Euthyphro: What? I suppose that someone has been prosecuting you, for I cannot believe that you are prosecuting someone.

Socrates: Certainly not. Euthyphro: Then someone else is prosecuting you? Socrates: Yes. Euthyphro: And who is he? Socrates: A young man who is little known, Euthyphro—and I hardly

know him. His name is Meletus, and he is from the deme of Pitthis. Perhaps you remember his appearance: a beak-like nose, long hair, and a meager beard.

Euthyphro: No, I do not remember him, Socrates. What charge does he bring against you?

Socrates: What charge? Well, a very serious one, which shows a good deal of character in the young man, and for which he is certainly not to be despised. He says that he knows how the youth are corrupted and who cor- rupt them. I think he must be a wise man; and since I am the opposite of a wise man, he has found me out and is going to accuse me of corrupting his young friends, coming to the state as a boy comes to his mother. Of all our political men, he is the only one who seems to me to begin in the right way, with the cultivation of virtue in youth. Like a good farmer, he first tends to the young plants and clears away us who destroy them. This is only the first step; he will then tend the older plants. And if he goes on as he has begun, he will be a very great public benefactor.

Euthyphro: I hope he will be. But I fear, Socrates, that the opposite will turn out to be the truth. My opinion is that in attacking you he is simply aim- ing a blow at the foundation of the state. But how does he say that you cor- rupt the young?

Socrates: He brings a strange accusation against me, which at first hear- ing causes surprise. He says that I am a poet or maker of gods, and that I invent new gods and deny the existence of old ones; this is the ground of his indictment.

Euthyphro: I understand, Socrates. He means to attack you about the divine sign that, as you say, occasionally comes to you. He thinks that you make innovations in religious matters, and he is going to slander you in

The Dialogues of Plato, trans. Benjamin Jowett. 3rd ed., vol. 2. New York: Macmillan, 1892 (updated stylistically).

122 An Examined Life Critical Thinking and Ethics Abel: Discourses Plato Euthyphro (complete text) © The McGraw−Hill Companies, 2008

court for this, knowing that such a slander is readily accepted by the people. I myself know this only too well, for when I speak in the assembly about divine things and foretell the future to them, they laugh at me and think I am a madman. Yet every word I say is true. They are jealous of us, and we must be brave and confront them.

Socrates: Their laughter, friend Euthyphro, is not a matter of much con- sequence. For a man may be thought to be wise, but the Athenians, I sus- pect, do not trouble themselves about him until he begins to impart his wisdom to others. And then for some reason or other—perhaps, as you say, from jealousy—they are angry.

Euthyphro: I am not one who likes to test their temper in this way. Socrates: I dare say not, for you are reserved in your behavior and seldom

impart your wisdom. But I have a benevolent habit of pouring out myself to everybody and would even pay someone to listen, and I am afraid that the Athenians may think that I am too talkative. Now if, as I was saying, they would only laugh at me, as you say that they laugh at you, the time might pass pleasantly enough in court. But perhaps they are serious—and then only you prophets can predict the outcome.

Euthyphro: I dare say that the affair will end in nothing, Socrates, and that you will win your cause. And I think that I will win my own.

Socrates: And what is your suit, Euthyphro? Are you the prosecutor or the defendant?

Euthyphro: I am the prosecutor. Socrates: Of whom? Euthyphro: You will think that I am crazy when I tell you. Socrates: Why, does he have wings and will fly away? Euthyphro: Not at all; he is an old man. Socrates: Who is he? Euthyphro: My father. Socrates: Your father, my good man? Euthyphro: Yes. Socrates: And what are you accusing him of? Euthyphro: Murder, Socrates. Socrates: By the powers, Euthyphro! How little the ordinary person

knows about the nature of right and truth. A man must be extraordinary, and have made great strides in wisdom, before he could bring such an action.

Euthyphro: Indeed, Socrates, he must. Socrates: I suppose that the man whom your father murdered was one of

your relatives. Clearly he was—for if he had been a stranger you would never have thought of prosecuting him.

Euthyphro: I am amused, Socrates, that you make a distinction between one who is a relative and one who is not. For surely the pollution is the same in either case, if you knowingly associate with the murderer when you ought to purify yourself and him by proceeding against him. The real question is

Euthyphro (complete text): Reading 123

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

209Euthyphro (complete text): ReadingAbel: Discourses Plato Euthyphro (complete text) © The McGraw−Hill Companies, 2008

Euthyphro

Plato

Euthyphro: Why have you left the Lyceum, Socrates, and what are you doing at the porch of the king-archon? Surely you cannot be involved in a suit before the king-archon as I am.

Socrates: Not in a suit, Euthyphro; indictment is the word the Athenians use.

Euthyphro: What? I suppose that someone has been prosecuting you, for I cannot believe that you are prosecuting someone.

Socrates: Certainly not. Euthyphro: Then someone else is prosecuting you? Socrates: Yes. Euthyphro: And who is he? Socrates: A young man who is little known, Euthyphro—and I hardly

know him. His name is Meletus, and he is from the deme of Pitthis. Perhaps you remember his appearance: a beak-like nose, long hair, and a meager beard.

Euthyphro: No, I do not remember him, Socrates. What charge does he bring against you?

Socrates: What charge? Well, a very serious one, which shows a good deal of character in the young man, and for which he is certainly not to be despised. He says that he knows how the youth are corrupted and who cor- rupt them. I think he must be a wise man; and since I am the opposite of a wise man, he has found me out and is going to accuse me of corrupting his young friends, coming to the state as a boy comes to his mother. Of all our political men, he is the only one who seems to me to begin in the right way, with the cultivation of virtue in youth. Like a good farmer, he first tends to the young plants and clears away us who destroy them. This is only the first step; he will then tend the older plants. And if he goes on as he has begun, he will be a very great public benefactor.

Euthyphro: I hope he will be. But I fear, Socrates, that the opposite will turn out to be the truth. My opinion is that in attacking you he is simply aim- ing a blow at the foundation of the state. But how does he say that you cor- rupt the young?

Socrates: He brings a strange accusation against me, which at first hear- ing causes surprise. He says that I am a poet or maker of gods, and that I invent new gods and deny the existence of old ones; this is the ground of his indictment.

Euthyphro: I understand, Socrates. He means to attack you about the divine sign that, as you say, occasionally comes to you. He thinks that you make innovations in religious matters, and he is going to slander you in

The Dialogues of Plato, trans. Benjamin Jowett. 3rd ed., vol. 2. New York: Macmillan, 1892 (updated stylistically).

122 An Examined Life Critical Thinking and Ethics Abel: Discourses Plato Euthyphro (complete text) © The McGraw−Hill Companies, 2008

court for this, knowing that such a slander is readily accepted by the people. I myself know this only too well, for when I speak in the assembly about divine things and foretell the future to them, they laugh at me and think I am a madman. Yet every word I say is true. They are jealous of us, and we must be brave and confront them.

Socrates: Their laughter, friend Euthyphro, is not a matter of much con- sequence. For a man may be thought to be wise, but the Athenians, I sus- pect, do not trouble themselves about him until he begins to impart his wisdom to others. And then for some reason or other—perhaps, as you say, from jealousy—they are angry.

Euthyphro: I am not one who likes to test their temper in this way. Socrates: I dare say not, for you are reserved in your behavior and seldom

impart your wisdom. But I have a benevolent habit of pouring out myself to everybody and would even pay someone to listen, and I am afraid that the Athenians may think that I am too talkative. Now if, as I was saying, they would only laugh at me, as you say that they laugh at you, the time might pass pleasantly enough in court. But perhaps they are serious—and then only you prophets can predict the outcome.

Euthyphro: I dare say that the affair will end in nothing, Socrates, and that you will win your cause. And I think that I will win my own.

Socrates: And what is your suit, Euthyphro? Are you the prosecutor or the defendant?

Euthyphro: I am the prosecutor. Socrates: Of whom? Euthyphro: You will think that I am crazy when I tell you. Socrates: Why, does he have wings and will fly away? Euthyphro: Not at all; he is an old man. Socrates: Who is he? Euthyphro: My father. Socrates: Your father, my good man? Euthyphro: Yes. Socrates: And what are you accusing him of? Euthyphro: Murder, Socrates. Socrates: By the powers, Euthyphro! How little the ordinary person

knows about the nature of right and truth. A man must be extraordinary, and have made great strides in wisdom, before he could bring such an action.

Euthyphro: Indeed, Socrates, he must. Socrates: I suppose that the man whom your father murdered was one of

your relatives. Clearly he was—for if he had been a stranger you would never have thought of prosecuting him.

Euthyphro: I am amused, Socrates, that you make a distinction between one who is a relative and one who is not. For surely the pollution is the same in either case, if you knowingly associate with the murderer when you ought to purify yourself and him by proceeding against him. The real question is

Euthyphro (complete text): Reading 123

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics210 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Plato Euthyphro (complete text) © The McGraw−Hill Companies, 2008

whether the murdered man has been justly killed. If justly, then your duty is to let the matter alone; but if unjustly, then even if the murderer lives under the same roof with you and eats at the same table, you should proceed against him. The man who is dead was a poor dependent of mine who worked for us as a field laborer on our farm in Naxos. One day in a fit of drunken passion he got into a quarrel with one of our domestic servants and killed him. My father bound him hand and foot and threw him into a ditch, and then sent to Athens to ask a religious adviser what he should do with him. Meanwhile he never attended to him and took no care about him, for he regarded him as a murderer and thought that no great harm would be done even if he did die. And this was just what happened. For cold and hunger and chains affected him so badly that, before the messenger returned from the religious adviser, he was dead. My father and family are angry with me for prosecuting my father on behalf of a murderer. They say that my father did not kill him, and that even if he did, the dead man was a murderer, and I that I should pay no attention to it because a son who pros- ecutes his father is impious. This shows, Socrates, how little they know what the gods think about piety and impiety.

Socrates: Good heavens, Euthyphro! And is your knowledge of religion and of pious and impious things so very exact that, even if the circumstances are as you say, you are not afraid of doing an impious thing in bringing an action against your father?

Euthyphro: The best of Euthyphro, and what distinguishes him, Socrates, from other men, is his exact knowledge of all such matters. What would I be good for without this knowledge?

Socrates: Rare friend! I do not think that I can do better than to be your pupil. Then, before the trial with Meletus begins, I will challenge Meletus and say that I have always had a great interest in religious questions, and that, now that he charges me with rash new ideas and innovations in reli- gion, I have become your pupil. “Meletus,” I will say to him, “you acknowl- edge that Euthyphro is a great theologian and has sound opinions. If you approve of him, you ought to approve of me, and not bring me into court. But if you disapprove of me, you should begin by indicting him who is my teacher, and who will be the ruin, not of the young, but of the old—that is to say, the ruin of me, whom he teaches, and of his aged father, whom he admonishes and chastises.” And if Meletus refuses to listen to me but con- tinues and will not shift the indictment from me to you, I cannot do better than to repeat this challenge in court.

Euthyphro: Yes, indeed, Socrates. And if he attempts to indict me, I am mistaken if I do not find a flaw in him. The court will have a great deal more to say to him than to me.

Socrates: And I, my dear friend, knowing this, want to become your pupil. For I observe that no one appears to notice you—not even Meletus. But his sharp eyes have discovered me and has indicted me for impiety. Therefore I ask you to tell me the nature of piety and impiety, which you said that you

124 An Examined Life Critical Thinking and Ethics Abel: Discourses Plato Euthyphro (complete text) © The McGraw−Hill Companies, 2008

knew so well, and the nature of murder and other offenses against the gods. What are they? Is not piety in every action always the same? And is not impi- ety always the opposite of piety and the same with itself, having a form that includes whatever is impious?

Euthyphro: To be sure, Socrates. Socrates: Then what is piety, and what is impiety? Euthyphro: Piety is doing as I am doing now: prosecuting anyone guilty

of murder, sacrilege, or any similar crime. Whether the person is your father or mother or anyone else makes no difference. And not to prosecute the per- son is impiety. And please consider, Socrates, what a notable proof I will give you of the truth of my words, a proof that I have already given to others—a proof of the principle, I mean, that the impious person, whoever he may be, ought not to go unpunished. For do not men regard Zeus as the best and most righteous of the gods? And yet they admit that he bound his father because he wickedly devoured his sons, and that he too had punished his own father for a similar reason, in a nameless manner. And yet when I pro- ceed against my father, they are angry with me. They are clearly inconsistent in the way the talk when the gods are concerned, and when I am concerned.

Socrates: Might this be the reason, Euthyphro, why I am charged with impiety—that I cannot accept these stories about the gods? And therefore I suppose that people think me wrong. But, since you, who are well informed about the gods, accept these stories, I cannot do better than assent to your superior wisdom. What else can I say, admitting as I do, that I know nothing about them? Tell me, for the love of Zeus, whether you really believe that these stories are true.

Euthyphro: Yes, Socrates; and things even more amazing, unknown to the world.

Socrates: And do you really believe that the gods fought with one another and had dire quarrels, battles, and so on, as the poets say, and as are depicted in the works of great artists? The temples are full of them; and notably the robe of Athena, which is carried up to the Acropolis at the Great Panathenaea, is embroidered with them. Are all these tales of the gods true, Euthyphro?

Euthyphro: Yes, Socrates. And as I was saying, I can tell you, if you would like to hear them, many other things about the gods that would quite amaze you.

Socrates: I dare say; and you will tell me them some other time when I have leisure. But now I would rather hear from you a more precise answer, which you have not given yet, my friend, to the question, What is piety? When asked, you only replied that it was doing as you do, charging your father with murder.

Euthyphro: And what I said was true, Socrates. Socrates: No doubt, Euthyphro. But you would admit that there are many

other pious acts? Euthyphro: There are.

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whether the murdered man has been justly killed. If justly, then your duty is to let the matter alone; but if unjustly, then even if the murderer lives under the same roof with you and eats at the same table, you should proceed against him. The man who is dead was a poor dependent of mine who worked for us as a field laborer on our farm in Naxos. One day in a fit of drunken passion he got into a quarrel with one of our domestic servants and killed him. My father bound him hand and foot and threw him into a ditch, and then sent to Athens to ask a religious adviser what he should do with him. Meanwhile he never attended to him and took no care about him, for he regarded him as a murderer and thought that no great harm would be done even if he did die. And this was just what happened. For cold and hunger and chains affected him so badly that, before the messenger returned from the religious adviser, he was dead. My father and family are angry with me for prosecuting my father on behalf of a murderer. They say that my father did not kill him, and that even if he did, the dead man was a murderer, and I that I should pay no attention to it because a son who pros- ecutes his father is impious. This shows, Socrates, how little they know what the gods think about piety and impiety.

Socrates: Good heavens, Euthyphro! And is your knowledge of religion and of pious and impious things so very exact that, even if the circumstances are as you say, you are not afraid of doing an impious thing in bringing an action against your father?

Euthyphro: The best of Euthyphro, and what distinguishes him, Socrates, from other men, is his exact knowledge of all such matters. What would I be good for without this knowledge?

Socrates: Rare friend! I do not think that I can do better than to be your pupil. Then, before the trial with Meletus begins, I will challenge Meletus and say that I have always had a great interest in religious questions, and that, now that he charges me with rash new ideas and innovations in reli- gion, I have become your pupil. “Meletus,” I will say to him, “you acknowl- edge that Euthyphro is a great theologian and has sound opinions. If you approve of him, you ought to approve of me, and not bring me into court. But if you disapprove of me, you should begin by indicting him who is my teacher, and who will be the ruin, not of the young, but of the old—that is to say, the ruin of me, whom he teaches, and of his aged father, whom he admonishes and chastises.” And if Meletus refuses to listen to me but con- tinues and will not shift the indictment from me to you, I cannot do better than to repeat this challenge in court.

Euthyphro: Yes, indeed, Socrates. And if he attempts to indict me, I am mistaken if I do not find a flaw in him. The court will have a great deal more to say to him than to me.

Socrates: And I, my dear friend, knowing this, want to become your pupil. For I observe that no one appears to notice you—not even Meletus. But his sharp eyes have discovered me and has indicted me for impiety. Therefore I ask you to tell me the nature of piety and impiety, which you said that you

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knew so well, and the nature of murder and other offenses against the gods. What are they? Is not piety in every action always the same? And is not impi- ety always the opposite of piety and the same with itself, having a form that includes whatever is impious?

Euthyphro: To be sure, Socrates. Socrates: Then what is piety, and what is impiety? Euthyphro: Piety is doing as I am doing now: prosecuting anyone guilty

of murder, sacrilege, or any similar crime. Whether the person is your father or mother or anyone else makes no difference. And not to prosecute the per- son is impiety. And please consider, Socrates, what a notable proof I will give you of the truth of my words, a proof that I have already given to others—a proof of the principle, I mean, that the impious person, whoever he may be, ought not to go unpunished. For do not men regard Zeus as the best and most righteous of the gods? And yet they admit that he bound his father because he wickedly devoured his sons, and that he too had punished his own father for a similar reason, in a nameless manner. And yet when I pro- ceed against my father, they are angry with me. They are clearly inconsistent in the way the talk when the gods are concerned, and when I am concerned.

Socrates: Might this be the reason, Euthyphro, why I am charged with impiety—that I cannot accept these stories about the gods? And therefore I suppose that people think me wrong. But, since you, who are well informed about the gods, accept these stories, I cannot do better than assent to your superior wisdom. What else can I say, admitting as I do, that I know nothing about them? Tell me, for the love of Zeus, whether you really believe that these stories are true.

Euthyphro: Yes, Socrates; and things even more amazing, unknown to the world.

Socrates: And do you really believe that the gods fought with one another and had dire quarrels, battles, and so on, as the poets say, and as are depicted in the works of great artists? The temples are full of them; and notably the robe of Athena, which is carried up to the Acropolis at the Great Panathenaea, is embroidered with them. Are all these tales of the gods true, Euthyphro?

Euthyphro: Yes, Socrates. And as I was saying, I can tell you, if you would like to hear them, many other things about the gods that would quite amaze you.

Socrates: I dare say; and you will tell me them some other time when I have leisure. But now I would rather hear from you a more precise answer, which you have not given yet, my friend, to the question, What is piety? When asked, you only replied that it was doing as you do, charging your father with murder.

Euthyphro: And what I said was true, Socrates. Socrates: No doubt, Euthyphro. But you would admit that there are many

other pious acts? Euthyphro: There are.

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Socrates: Remember that I did not ask you to give me two or three exam- ples of piety, but to explain that form that makes all pious things pious. You said there is one form that makes all impious actions impious, and one that makes all pious actions pious.

Euthyphro: I remember. Socrates: Teach me what this form is, so I can have a model that I can

look to, in order to determine whether an action—whether yours or anyone else’s—is pious: It will be pious if it agrees with the form, and impious if it does not.

Euthyphro: I will tell you, if you want this. Socrates: I want this very much. Euthyphro: Piety, then, is what dear to the gods, and impiety is what is not

dear to them. Socrates: Very good, Euthyphro! You have now given me the sort of

answer that I wanted. But whether what you say is true or not I cannot tell yet, although I have no doubt that you will prove that your words are true.

Euthyphro: Of course. Socrates: Come, then, let us examine what we are saying. That thing or

person that is dear to the gods is pious, and that thing or person that is hate- ful to the gods is impious—these are the two extremes, opposite to each other. Is that now what we said?

Euthyphro: It was. Socrates: And it was well said? Euthyphro: Yes, Socrates, I thought so; it was certainly said. Socrates: And further, Euthyphro, did we say that the gods have enmities

and hatreds and disagreements? Euthyphro: Yes, we also said that. Socrates: And what sort of difference creates enmity and anger? Suppose,

for example, that you and I, my good friend, differ about a number. Do dif- ferences of this sort make us enemies and set us at odds with one another? Do we not go immediately to arithmetic, and put an end to our differences by calculating a sum?

Euthyphro: True. Socrates: Or suppose that we differ about magnitudes. Do we not quickly

end the difference by measuring? Euthyphro: Very true. Socrates: And we end a controversy about what is heavy and what is light

by using a scale. Euthyphro: To be sure. Socrates: But kinds of differences cannot be decided in this way, and

therefore make us angry and set us at odds with one another? I dare say the answer does not occur to you at the moment, and therefore I will suggest that these enmities arise when the matters of difference are just and unjust, good and evil, and honorable and dishonorable. Are not these the points that we disagree about and, that you and I and others quarrel about (when we do quarrel), when we cannot satisfactorily settle our differences about them?

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Euthyphro: Yes, Socrates, the nature of the differences that we quarrel about is as you say.

Socrates: And the quarrels of the gods, noble Euthyphro, when they occur, are of a similar kind?

Euthyphro: Certainly they are. Socrates: They have differences of opinion, as you say, about good and

evil, just and unjust, honorable and dishonorable. And there would have been no quarrels among them if there had been no such differences.

Euthyphro: You are quite right. Socrates: Does not every man love what he judges to be noble and just

and good, and what is the opposite? Euthyphro: Very true. Socrates: But as you say, some people regard as just the same things that

others regard as unjust—and they dispute about these. And so wars and fighting arise among them.

Euthyphro: Very true. Socrates: Then the same things are hated by the gods and loved by the

gods, and are both hateful and dear to them? Euthyphro: True. Socrates: And upon this view, Euthyphro, the same things be pious and

also impious? Euthyphro: It seems so. Socrates: Then, my friend, I remark with surprise that you have not

answered the question that I asked. For I certainly did not ask you to tell me what action is both pious and impious—but now it would seem that what is loved by the gods is also hated by them. And therefore, Euthyphro, in pun- ishing your father you may very likely be doing what is agreeable to Zeus but disagreeable to Cronos or Uranus, and what is acceptable to Hephaestus but unacceptable to Hera, and there may be other gods who have similar dif- ferences of opinion.

Euthyphro: But, Socrates, I believe that all the gods would agree about the propriety of punishing a murderer; there would be no difference of opinion about that.

Socrates: Well, but regard to men, Euthyphro, did you ever hear anyone argue that a murderer or any sort of evildoer should not be punished?

Euthyphro: I would say that these are the questions that they are always arguing about, especially in law courts. They commit all sorts of crimes, and there is nothing that they will not say or do in their own defense.

Socrates: But do they admit their guilt, Euthyphro, and say that, despite their guilt, they should not be punished?

Euthyphro: No, they do not. Socrates: Then there are some things that they do not venture to say and

do. For they do not venture to argue that the guilty should not be punished; rather, they deny their guilt, do they not?

Euthyphro: Yes.

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Socrates: Remember that I did not ask you to give me two or three exam- ples of piety, but to explain that form that makes all pious things pious. You said there is one form that makes all impious actions impious, and one that makes all pious actions pious.

Euthyphro: I remember. Socrates: Teach me what this form is, so I can have a model that I can

look to, in order to determine whether an action—whether yours or anyone else’s—is pious: It will be pious if it agrees with the form, and impious if it does not.

Euthyphro: I will tell you, if you want this. Socrates: I want this very much. Euthyphro: Piety, then, is what dear to the gods, and impiety is what is not

dear to them. Socrates: Very good, Euthyphro! You have now given me the sort of

answer that I wanted. But whether what you say is true or not I cannot tell yet, although I have no doubt that you will prove that your words are true.

Euthyphro: Of course. Socrates: Come, then, let us examine what we are saying. That thing or

person that is dear to the gods is pious, and that thing or person that is hate- ful to the gods is impious—these are the two extremes, opposite to each other. Is that now what we said?

Euthyphro: It was. Socrates: And it was well said? Euthyphro: Yes, Socrates, I thought so; it was certainly said. Socrates: And further, Euthyphro, did we say that the gods have enmities

and hatreds and disagreements? Euthyphro: Yes, we also said that. Socrates: And what sort of difference creates enmity and anger? Suppose,

for example, that you and I, my good friend, differ about a number. Do dif- ferences of this sort make us enemies and set us at odds with one another? Do we not go immediately to arithmetic, and put an end to our differences by calculating a sum?

Euthyphro: True. Socrates: Or suppose that we differ about magnitudes. Do we not quickly

end the difference by measuring? Euthyphro: Very true. Socrates: And we end a controversy about what is heavy and what is light

by using a scale. Euthyphro: To be sure. Socrates: But kinds of differences cannot be decided in this way, and

therefore make us angry and set us at odds with one another? I dare say the answer does not occur to you at the moment, and therefore I will suggest that these enmities arise when the matters of difference are just and unjust, good and evil, and honorable and dishonorable. Are not these the points that we disagree about and, that you and I and others quarrel about (when we do quarrel), when we cannot satisfactorily settle our differences about them?

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Euthyphro: Yes, Socrates, the nature of the differences that we quarrel about is as you say.

Socrates: And the quarrels of the gods, noble Euthyphro, when they occur, are of a similar kind?

Euthyphro: Certainly they are. Socrates: They have differences of opinion, as you say, about good and

evil, just and unjust, honorable and dishonorable. And there would have been no quarrels among them if there had been no such differences.

Euthyphro: You are quite right. Socrates: Does not every man love what he judges to be noble and just

and good, and what is the opposite? Euthyphro: Very true. Socrates: But as you say, some people regard as just the same things that

others regard as unjust—and they dispute about these. And so wars and fighting arise among them.

Euthyphro: Very true. Socrates: Then the same things are hated by the gods and loved by the

gods, and are both hateful and dear to them? Euthyphro: True. Socrates: And upon this view, Euthyphro, the same things be pious and

also impious? Euthyphro: It seems so. Socrates: Then, my friend, I remark with surprise that you have not

answered the question that I asked. For I certainly did not ask you to tell me what action is both pious and impious—but now it would seem that what is loved by the gods is also hated by them. And therefore, Euthyphro, in pun- ishing your father you may very likely be doing what is agreeable to Zeus but disagreeable to Cronos or Uranus, and what is acceptable to Hephaestus but unacceptable to Hera, and there may be other gods who have similar dif- ferences of opinion.

Euthyphro: But, Socrates, I believe that all the gods would agree about the propriety of punishing a murderer; there would be no difference of opinion about that.

Socrates: Well, but regard to men, Euthyphro, did you ever hear anyone argue that a murderer or any sort of evildoer should not be punished?

Euthyphro: I would say that these are the questions that they are always arguing about, especially in law courts. They commit all sorts of crimes, and there is nothing that they will not say or do in their own defense.

Socrates: But do they admit their guilt, Euthyphro, and say that, despite their guilt, they should not be punished?

Euthyphro: No, they do not. Socrates: Then there are some things that they do not venture to say and

do. For they do not venture to argue that the guilty should not be punished; rather, they deny their guilt, do they not?

Euthyphro: Yes.

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Socrates: Then they do not argue that the evildoer should not be pun- ished, but they argue about who the evildoer is, and about what he did and when he did it.

Euthyphro: True. Socrates: And the gods are in the same situation if, as you assert, they

quarrel about just and unjust, and some of them say that injustice was done, and others deny this. For surely neither god nor man will ever venture to say that one who does injustice should not to be punished.

Euthyphro: That is true, Socrates, for the most part. Socrates: But both gods and men dispute about the particulars. And if

they dispute at all, they dispute about some act that is called into question— some saying that the act is just, and others saying that it is unjust. Is not that true?

Euthyphro: Quite true. Socrates: Well, then, my dear friend Euthyphro, please tell me, for my

instruction and information, what proof you have that, in the opinion of all the gods, a servant dies unjustly who is guilty of murder, is put in chains by the master of the dead man, and dies because he is put in chains before the person who bound him can learn from religious advisers what he should do with him; and that, on behalf of such a person who dies, a son should pro- ceed against his father and accuse him of murder. How would you show that all the gods absolutely agree in approving this act? Prove to me that they do, and I will applaud your wisdom as long as I live.

Euthyphro: It will be a difficult task, but I could make the matter very clear to you.

Socrates: I understand: You mean to say that I am not as quick-witted as the judges. For you will surely prove to them that such an action is unjust, and hateful to the gods.

Euthyphro: Yes indeed, Socrates—at least if they will listen to me. Socrates: But they will be sure to listen if they find that you are a good

speaker. There was a notion that came into my mind while you were speaking. I said to myself: “Well, and what if Euthyphro does prove to me that all the gods regarded the death of the laborer as unjust—how do I know anything more of the nature of piety and impiety? For, granting that this action may be hateful to the gods, still piety and impiety are not adequately defined by these distinctions, for what is hateful to the gods has been shown to be also pleasing and dear to them.” And therefore, Euthyphro, I do not ask you to prove this; I will suppose, if you like, that all the gods condemn and abominate such an action. But I will amend the definition to say that what all the gods hate is impious, and what they all love pious—and what some of them love and oth- ers hate is both or neither. Shall this be our definition of piety and impiety?

Euthyphro: Why not, Socrates? Socrates: Why not? Certainly, as far as I am concerned, Euthyphro, there

is no reason why not. But whether this admission will greatly assist you in the task of instructing me as you promised, is a matter for you to consider.

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Euthyphro: Yes, I say that what all the gods love is pious, and the opposite (that is, what they all hate) is impious.

Socrates: Should we inquire into the truth of this, Euthyphro, or simply accept the mere statement on our own authority and that of others? What do you say?

Euthyphro: We should inquire into it. And I believe that the statement will stand the test of inquiry.

Socrates: We will know better, my good friend, in a little while. The point that I first wish to understand is whether the pious is loved by the gods because it is pious, or pious because it is loved by the gods.

Euthyphro: I do not understand your meaning, Socrates. Socrates: I will try to explain. We speak of carrying and we speak of being

carried, of leading and being led, seeing and being seen. Do you know that in all such cases there is a difference, and in what the difference lies?

Euthyphro: I think that I understand. Socrates: And is not that which is loved distinct from that which loves? Euthyphro: Certainly. Socrates: Now tell me: Is that which is carried in this state of being car-

ried because of the act of carrying or for some other reason? Euthyphro: No; that is the reason. Socrates: And the same is true of what is led and of what is seen? Euthyphro: True. Socrates: And a thing is not seen because it is in the state of being seen,

but the reverse of this: it is in the state of being seen because of the act of seeing. Nor is a thing led because it is in the state of being led, or carried because it is in the state of being carried, but the reverse of this. And now I think, Euthyphro, that my meaning will be intelligible—and my meaning is that any state of becoming or being affected implies previous act of becom- ing or affecting. A thing does not become because it is in a state of becom- ing, but it is in a state of becoming because of an act of becoming. Nor is it being affected because it is in a state of being affected, but it is in a state of being affected because of an act of affecting. Do you agree?

Euthyphro: Yes. Socrates: Is not that which is loved in some state either of becoming or

being affected? Euthyphro: Yes. Socrates: And the same holds as in the previous instances: The state of

being loved follows the act of loving; the act does not follow the state. Euthyphro: Certainly. Socrates: And what do you say of piety, Euthyphro? Is not piety, accord-

ing to your definition, loved by all the gods? Euthyphro: Yes. Socrates: Is it loved because it is pious, or for some other reason? Euthyphro: No, that is the reason. Socrates: It is loved because it is pious, not pious because it is loved.

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Socrates: Then they do not argue that the evildoer should not be pun- ished, but they argue about who the evildoer is, and about what he did and when he did it.

Euthyphro: True. Socrates: And the gods are in the same situation if, as you assert, they

quarrel about just and unjust, and some of them say that injustice was done, and others deny this. For surely neither god nor man will ever venture to say that one who does injustice should not to be punished.

Euthyphro: That is true, Socrates, for the most part. Socrates: But both gods and men dispute about the particulars. And if

they dispute at all, they dispute about some act that is called into question— some saying that the act is just, and others saying that it is unjust. Is not that true?

Euthyphro: Quite true. Socrates: Well, then, my dear friend Euthyphro, please tell me, for my

instruction and information, what proof you have that, in the opinion of all the gods, a servant dies unjustly who is guilty of murder, is put in chains by the master of the dead man, and dies because he is put in chains before the person who bound him can learn from religious advisers what he should do with him; and that, on behalf of such a person who dies, a son should pro- ceed against his father and accuse him of murder. How would you show that all the gods absolutely agree in approving this act? Prove to me that they do, and I will applaud your wisdom as long as I live.

Euthyphro: It will be a difficult task, but I could make the matter very clear to you.

Socrates: I understand: You mean to say that I am not as quick-witted as the judges. For you will surely prove to them that such an action is unjust, and hateful to the gods.

Euthyphro: Yes indeed, Socrates—at least if they will listen to me. Socrates: But they will be sure to listen if they find that you are a good

speaker. There was a notion that came into my mind while you were speaking. I said to myself: “Well, and what if Euthyphro does prove to me that all the gods regarded the death of the laborer as unjust—how do I know anything more of the nature of piety and impiety? For, granting that this action may be hateful to the gods, still piety and impiety are not adequately defined by these distinctions, for what is hateful to the gods has been shown to be also pleasing and dear to them.” And therefore, Euthyphro, I do not ask you to prove this; I will suppose, if you like, that all the gods condemn and abominate such an action. But I will amend the definition to say that what all the gods hate is impious, and what they all love pious—and what some of them love and oth- ers hate is both or neither. Shall this be our definition of piety and impiety?

Euthyphro: Why not, Socrates? Socrates: Why not? Certainly, as far as I am concerned, Euthyphro, there

is no reason why not. But whether this admission will greatly assist you in the task of instructing me as you promised, is a matter for you to consider.

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Euthyphro: Yes, I say that what all the gods love is pious, and the opposite (that is, what they all hate) is impious.

Socrates: Should we inquire into the truth of this, Euthyphro, or simply accept the mere statement on our own authority and that of others? What do you say?

Euthyphro: We should inquire into it. And I believe that the statement will stand the test of inquiry.

Socrates: We will know better, my good friend, in a little while. The point that I first wish to understand is whether the pious is loved by the gods because it is pious, or pious because it is loved by the gods.

Euthyphro: I do not understand your meaning, Socrates. Socrates: I will try to explain. We speak of carrying and we speak of being

carried, of leading and being led, seeing and being seen. Do you know that in all such cases there is a difference, and in what the difference lies?

Euthyphro: I think that I understand. Socrates: And is not that which is loved distinct from that which loves? Euthyphro: Certainly. Socrates: Now tell me: Is that which is carried in this state of being car-

ried because of the act of carrying or for some other reason? Euthyphro: No; that is the reason. Socrates: And the same is true of what is led and of what is seen? Euthyphro: True. Socrates: And a thing is not seen because it is in the state of being seen,

but the reverse of this: it is in the state of being seen because of the act of seeing. Nor is a thing led because it is in the state of being led, or carried because it is in the state of being carried, but the reverse of this. And now I think, Euthyphro, that my meaning will be intelligible—and my meaning is that any state of becoming or being affected implies previous act of becom- ing or affecting. A thing does not become because it is in a state of becom- ing, but it is in a state of becoming because of an act of becoming. Nor is it being affected because it is in a state of being affected, but it is in a state of being affected because of an act of affecting. Do you agree?

Euthyphro: Yes. Socrates: Is not that which is loved in some state either of becoming or

being affected? Euthyphro: Yes. Socrates: And the same holds as in the previous instances: The state of

being loved follows the act of loving; the act does not follow the state. Euthyphro: Certainly. Socrates: And what do you say of piety, Euthyphro? Is not piety, accord-

ing to your definition, loved by all the gods? Euthyphro: Yes. Socrates: Is it loved because it is pious, or for some other reason? Euthyphro: No, that is the reason. Socrates: It is loved because it is pious, not pious because it is loved.

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Euthyphro: Yes. Socrates: And that which is dear to the gods is loved by them, and is in a

state of being loved by them because of their act of loving? Euthyphro: Certainly. Socrates: Then that which is dear to the gods, Euthyphro, is not the same

as pious, nor is that which is pious the same as dear to the gods, as you affirm; but they are two different things.

Euthyphro: What do you mean, Socrates? Socrates: I mean that we have acknowledged that the pious is loved by the

gods because it is pious, and it is not pious because it is loved by the gods. Euthyphro: Yes. Socrates: But that which is dear to the gods is dear to them because it is

loved by them; it is not loved by them because it is dear to them. Euthyphro: True. Socrates: But, my friend Euthyphro, if that which is pious is the same with

that which is dear to the gods, and if it is loved because it is pious, then that which is dear to the gods would have been loved because it is dear to the gods. But if that which is dear to the gods is dear to them because loved by them, then that which is pious would have been pious because loved by them. But now you see that the reverse is the case, and that they are quite different from one another. For one (namely, what is dear to the gods) is of a kind to be loved because it is loved, and the other (namely, the pious) is loved because it is of a kind to be loved. Thus you appear to me, Euthyphro, when I ask you what essence piety is, to offer an attribute only, and not the essence—the attribute of being loved by all the gods. But you still refuse to explain to me the nature of piety. Please do not hide your treasure from me, but tell me once more what piety is and what impiety is; we will not quarrel about whether or not piety has the attribute of being dear to the gods.

Euthyphro: I really do not know, Socrates, how to express what I mean. For somehow or other our arguments, on whatever ground we rest them, seem to turn round and walk away from us.

Socrates: Your words, Euthyphro, are like the handiwork of my ancestor Daedalus; and if I were the one speaking your words, you might say that my arguments walk away and will not stay put because I am a descendant of his. But now, since these notions are your own, you must find some other just, for certainly (as you yourself admit) they have a tendency to move about.

Euthyphro: No, Socrates, I still say that you are the Daedalus who sets arguments in motion. Not I, certainly, but you make them move and go around; for they would never have stirred, as far as I am concerned.

Socrates: Then I must be greater than Daedalus—for whereas he only made his own creations move, I move those of other people as well. And the beauty of it is that I would rather not do this. For I would give the wisdom of Daedalus and the wealth of Tantalus to be able to detain them and keep them fixed. But enough of this. I see that you are lazy, so I myself will try to show you how you might teach me about the nature of piety; and I hope that

130 An Examined Life Critical Thinking and Ethics Abel: Discourses Plato Euthyphro (complete text) © The McGraw−Hill Companies, 2008

you will not withhold your labor. Tell me, then: Is not that which is pious necessarily just?

Euthyphro: Yes. Socrates: And is all that is just pious? Or is all that is pious just, but the

just is partly pious and partly something else? Euthyphro: I do not understand you, Socrates. Socrates: And yet I know that you are as much wiser than I am, as you are

younger. But as I was saying, revered friend, the abundance of your wisdom makes you lazy. Please to exert yourself, for there is no real difficulty in understanding me. What I mean I can explain by an illustration of what I do not mean. The poet sings:

Zeus, the author and creator of all these things, You will not name; for where there is fear there is also shame.

Now I disagree with this poet. Shall I tell you in what respect? Euthyphro: By all means. Socrates: I would not say that where there is fear there is also shame; for

I am sure that many persons fear poverty and disease and similar evils, but are not ashamed of the things they fear.

Euthyphro: Very true. Socrates: But where shame is, there is fear. For he who is ashamed of an

action fears and is afraid of a bad reputation. Euthyphro: No doubt. Socrates: Then we are wrong in saying that where there is fear there is

also shame; and we should say instead that where there is shame there is also fear. But there is not always shame where there is fear; for fear is a more extended notion, and shame is a part of fear—just as the odd is a part of number, and number is a more extended notion than the odd. I suppose that you follow me now?

Euthyphro: Quite well. Socrates: That was the sort of question that I meant to raise when I asked

whether the just is always the pious, or the pious is always the just; and whether there can be justice where there is no piety. For justice is the more extended notion, and piety is only a part of it. Do you disagree?

Euthyphro: No, I think you are quite right. Socrates: Then, if piety is a part of justice, should inquire what part it is.

If you had pursued the inquiry in the previous cases—for instance, if you had asked me what an even number is, and what part of number the even is—I would have had no difficulty in replying that an even number is a num- ber that represents a figure having two equal sides. Do you agree?

Euthyphro: Yes, I fully agree. Socrates: In the same way, I want you to tell me what part of justice piety

is, so I can tell Meletus not to treat me unjustly or indict me for impiety, because I have adequately learned from you the nature of piety and the nature of its opposite.

Euthyphro (complete text): Reading 131

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Euthyphro: Yes. Socrates: And that which is dear to the gods is loved by them, and is in a

state of being loved by them because of their act of loving? Euthyphro: Certainly. Socrates: Then that which is dear to the gods, Euthyphro, is not the same

as pious, nor is that which is pious the same as dear to the gods, as you affirm; but they are two different things.

Euthyphro: What do you mean, Socrates? Socrates: I mean that we have acknowledged that the pious is loved by the

gods because it is pious, and it is not pious because it is loved by the gods. Euthyphro: Yes. Socrates: But that which is dear to the gods is dear to them because it is

loved by them; it is not loved by them because it is dear to them. Euthyphro: True. Socrates: But, my friend Euthyphro, if that which is pious is the same with

that which is dear to the gods, and if it is loved because it is pious, then that which is dear to the gods would have been loved because it is dear to the gods. But if that which is dear to the gods is dear to them because loved by them, then that which is pious would have been pious because loved by them. But now you see that the reverse is the case, and that they are quite different from one another. For one (namely, what is dear to the gods) is of a kind to be loved because it is loved, and the other (namely, the pious) is loved because it is of a kind to be loved. Thus you appear to me, Euthyphro, when I ask you what essence piety is, to offer an attribute only, and not the essence—the attribute of being loved by all the gods. But you still refuse to explain to me the nature of piety. Please do not hide your treasure from me, but tell me once more what piety is and what impiety is; we will not quarrel about whether or not piety has the attribute of being dear to the gods.

Euthyphro: I really do not know, Socrates, how to express what I mean. For somehow or other our arguments, on whatever ground we rest them, seem to turn round and walk away from us.

Socrates: Your words, Euthyphro, are like the handiwork of my ancestor Daedalus; and if I were the one speaking your words, you might say that my arguments walk away and will not stay put because I am a descendant of his. But now, since these notions are your own, you must find some other just, for certainly (as you yourself admit) they have a tendency to move about.

Euthyphro: No, Socrates, I still say that you are the Daedalus who sets arguments in motion. Not I, certainly, but you make them move and go around; for they would never have stirred, as far as I am concerned.

Socrates: Then I must be greater than Daedalus—for whereas he only made his own creations move, I move those of other people as well. And the beauty of it is that I would rather not do this. For I would give the wisdom of Daedalus and the wealth of Tantalus to be able to detain them and keep them fixed. But enough of this. I see that you are lazy, so I myself will try to show you how you might teach me about the nature of piety; and I hope that

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you will not withhold your labor. Tell me, then: Is not that which is pious necessarily just?

Euthyphro: Yes. Socrates: And is all that is just pious? Or is all that is pious just, but the

just is partly pious and partly something else? Euthyphro: I do not understand you, Socrates. Socrates: And yet I know that you are as much wiser than I am, as you are

younger. But as I was saying, revered friend, the abundance of your wisdom makes you lazy. Please to exert yourself, for there is no real difficulty in understanding me. What I mean I can explain by an illustration of what I do not mean. The poet sings:

Zeus, the author and creator of all these things, You will not name; for where there is fear there is also shame.

Now I disagree with this poet. Shall I tell you in what respect? Euthyphro: By all means. Socrates: I would not say that where there is fear there is also shame; for

I am sure that many persons fear poverty and disease and similar evils, but are not ashamed of the things they fear.

Euthyphro: Very true. Socrates: But where shame is, there is fear. For he who is ashamed of an

action fears and is afraid of a bad reputation. Euthyphro: No doubt. Socrates: Then we are wrong in saying that where there is fear there is

also shame; and we should say instead that where there is shame there is also fear. But there is not always shame where there is fear; for fear is a more extended notion, and shame is a part of fear—just as the odd is a part of number, and number is a more extended notion than the odd. I suppose that you follow me now?

Euthyphro: Quite well. Socrates: That was the sort of question that I meant to raise when I asked

whether the just is always the pious, or the pious is always the just; and whether there can be justice where there is no piety. For justice is the more extended notion, and piety is only a part of it. Do you disagree?

Euthyphro: No, I think you are quite right. Socrates: Then, if piety is a part of justice, should inquire what part it is.

If you had pursued the inquiry in the previous cases—for instance, if you had asked me what an even number is, and what part of number the even is—I would have had no difficulty in replying that an even number is a num- ber that represents a figure having two equal sides. Do you agree?

Euthyphro: Yes, I fully agree. Socrates: In the same way, I want you to tell me what part of justice piety

is, so I can tell Meletus not to treat me unjustly or indict me for impiety, because I have adequately learned from you the nature of piety and the nature of its opposite.

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Euthyphro: Piety, Socrates, appears to me to be the part of justice that attends to the gods; and the other part of justice attends to men.

Socrates: That is good, Euthyphro. Yet still there is a small point that I would like to know more about: What is the meaning of “attention”? For attention can hardly be used in the same sense when applied to the gods as when applied to other things. For instance, horses are said to require atten- tion, and not every person is able to attend to them, but only a person skilled in horse breeding. Is this not so?

Euthyphro: Certainly. Socrates: I should suppose that the art of horse breeding is the art of

attending to horses? Euthyphro: Yes. Socrates: Nor is every one qualified to attend to dogs, but only the

hunter. Euthyphro: True. Socrates: And I should also conceive that the art of the hunter is the art

of attending to dogs? Euthyphro: Yes. Socrates: As the art of the oxherd is the art of attending to oxen? Euthyphro: Very true. Socrates: Similarly, piety is the art of attending to the gods—that would

be your meaning, Euthyphro? Euthyphro: Yes. Socrates: And is not attention always designed for the good or benefit of

that to which the attention is given? In the case of horses, you may observe that, when attended to by the horse breeder’s art, they are benefited and improved. Is this not so?

Euthyphro: True. Socrates: As the dogs are benefited by the art of the hunter, and the oxen

by the art of the oxherd, and all other things are tended or attended for their good and not for their harm.

Euthyphro: Certainly, not for their harm. Socrates: But for their good? Euthyphro: Of course. Socrates: And does piety, which has been defined to be the art of attend-

ing to the gods, benefit or improve them? Would you say that when you do a pious act you make any of the gods better?

Euthyphro: No, no! That was certainly not what I meant. Socrates: And I, Euthyphro, never supposed that you did. I asked you the

question about the nature of the attention, because I thought that you did not mean that.

Euthyphro: You do me justice, Socrates; that is not the sort of attention that I mean.

Socrates: Good. But I must still ask what is this attention to the gods that is called piety.

132 An Examined Life Critical Thinking and Ethics Abel: Discourses Plato Euthyphro (complete text) © The McGraw−Hill Companies, 2008

Euthyphro: It is the kind of attention, Socrates, that servants show to their masters.

Socrates: I understand—a sort of service to the gods. Euthyphro: Exactly. Socrates: Medicine is also a sort of service, having the goal of attaining

some object. Would you say that the object is health? Euthyphro: Yes. Socrates: Again, there is an art that serves the shipbuilder, with a goal of

attaining some result. Euthyphro: Yes, Socrates, with the goal of building a ship. Socrates: And there is an art that serves the housebuilder, with the goal

of building a house? Euthyphro: Yes. Socrates: And now tell me, my good friend, about the art and how it

serves the gods: What work does that service help accomplish? For you must surely know if, as you say, you are the best of those instructed in religion.

Euthyphro: And I speak the truth, Socrates. Socrates: Tell me then: What is that good work that the gods do with the

help of our service? Euthyphro: Many and fine, Socrates, are the works that they do. Socrates: But, my friend, the works of a general are also many and fine.

But the chief work is easily stated. Would you not say that victory in war is the chief work of a general?

Euthyphro: Certainly. Socrates: Many and fine, too, are the works of the farmer, if I am not mis-

taken. But his chief work is the production of food from the earth. Euthyphro: Exactly. Socrates: And of the many and fine things done by the gods, which is the

chief or principal one? Euthyphro: I have told you already, Socrates, that to learn all these things

accurately will be very tiresome. Let me simply say that piety is learning how to please the gods in word and deed, by prayers and sacrifices. Such piety is the salvation of families and states, just as the impious, which is unpleasing to the gods, is their ruin and destruction.

Socrates: I think that you could have answered in much fewer words the chief question that I asked, Euthyphro, if you had chosen. But I see plainly that you are not disposed to instruct me. Clearly not—or else why, when we reached the point, did you turn aside? Had you only answered me, I should have truly learned of you by this time the nature of piety. Now, as the asker of a question is necessarily dependent on the answerer, where he leads I must follow. And can only ask again, What is the pious, and what is piety? Do you mean that they are a sort of science of praying and sacrificing?

Euthyphro: Yes, I do. Socrates: And sacrificing is giving to the gods, and prayer is asking of the

gods?

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Euthyphro: Piety, Socrates, appears to me to be the part of justice that attends to the gods; and the other part of justice attends to men.

Socrates: That is good, Euthyphro. Yet still there is a small point that I would like to know more about: What is the meaning of “attention”? For attention can hardly be used in the same sense when applied to the gods as when applied to other things. For instance, horses are said to require atten- tion, and not every person is able to attend to them, but only a person skilled in horse breeding. Is this not so?

Euthyphro: Certainly. Socrates: I should suppose that the art of horse breeding is the art of

attending to horses? Euthyphro: Yes. Socrates: Nor is every one qualified to attend to dogs, but only the

hunter. Euthyphro: True. Socrates: And I should also conceive that the art of the hunter is the art

of attending to dogs? Euthyphro: Yes. Socrates: As the art of the oxherd is the art of attending to oxen? Euthyphro: Very true. Socrates: Similarly, piety is the art of attending to the gods—that would

be your meaning, Euthyphro? Euthyphro: Yes. Socrates: And is not attention always designed for the good or benefit of

that to which the attention is given? In the case of horses, you may observe that, when attended to by the horse breeder’s art, they are benefited and improved. Is this not so?

Euthyphro: True. Socrates: As the dogs are benefited by the art of the hunter, and the oxen

by the art of the oxherd, and all other things are tended or attended for their good and not for their harm.

Euthyphro: Certainly, not for their harm. Socrates: But for their good? Euthyphro: Of course. Socrates: And does piety, which has been defined to be the art of attend-

ing to the gods, benefit or improve them? Would you say that when you do a pious act you make any of the gods better?

Euthyphro: No, no! That was certainly not what I meant. Socrates: And I, Euthyphro, never supposed that you did. I asked you the

question about the nature of the attention, because I thought that you did not mean that.

Euthyphro: You do me justice, Socrates; that is not the sort of attention that I mean.

Socrates: Good. But I must still ask what is this attention to the gods that is called piety.

132 An Examined Life Critical Thinking and Ethics Abel: Discourses Plato Euthyphro (complete text) © The McGraw−Hill Companies, 2008

Euthyphro: It is the kind of attention, Socrates, that servants show to their masters.

Socrates: I understand—a sort of service to the gods. Euthyphro: Exactly. Socrates: Medicine is also a sort of service, having the goal of attaining

some object. Would you say that the object is health? Euthyphro: Yes. Socrates: Again, there is an art that serves the shipbuilder, with a goal of

attaining some result. Euthyphro: Yes, Socrates, with the goal of building a ship. Socrates: And there is an art that serves the housebuilder, with the goal

of building a house? Euthyphro: Yes. Socrates: And now tell me, my good friend, about the art and how it

serves the gods: What work does that service help accomplish? For you must surely know if, as you say, you are the best of those instructed in religion.

Euthyphro: And I speak the truth, Socrates. Socrates: Tell me then: What is that good work that the gods do with the

help of our service? Euthyphro: Many and fine, Socrates, are the works that they do. Socrates: But, my friend, the works of a general are also many and fine.

But the chief work is easily stated. Would you not say that victory in war is the chief work of a general?

Euthyphro: Certainly. Socrates: Many and fine, too, are the works of the farmer, if I am not mis-

taken. But his chief work is the production of food from the earth. Euthyphro: Exactly. Socrates: And of the many and fine things done by the gods, which is the

chief or principal one? Euthyphro: I have told you already, Socrates, that to learn all these things

accurately will be very tiresome. Let me simply say that piety is learning how to please the gods in word and deed, by prayers and sacrifices. Such piety is the salvation of families and states, just as the impious, which is unpleasing to the gods, is their ruin and destruction.

Socrates: I think that you could have answered in much fewer words the chief question that I asked, Euthyphro, if you had chosen. But I see plainly that you are not disposed to instruct me. Clearly not—or else why, when we reached the point, did you turn aside? Had you only answered me, I should have truly learned of you by this time the nature of piety. Now, as the asker of a question is necessarily dependent on the answerer, where he leads I must follow. And can only ask again, What is the pious, and what is piety? Do you mean that they are a sort of science of praying and sacrificing?

Euthyphro: Yes, I do. Socrates: And sacrificing is giving to the gods, and prayer is asking of the

gods?

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Euthyphro: Yes, Socrates. Socrates: Upon this view, then, piety is a science of asking and giving? Euthyphro: You understand me excellently, Socrates. Socrates: Yes, my friend. The reason is that I am eager for your wisdom

and give my mind to it, and therefore nothing you say will be wasted on me. Please then tell me, what is the nature of this service to the gods? Do you mean that we make requests and give gifts to them?

Euthyphro: Yes, I do. Socrates: Is not the right way of asking, to ask them to give what we want? Euthyphro: Certainly. Socrates: And the right way of giving is to give them, in return, what they

want from us; there would be no meaning in an art that gives to anyone something he does not want.

Euthyphro: Very true, Socrates. Socrates: Then piety, Euthyphro, is an art that gods and men have of

doing business with one another. Euthyphro: You may use that expression if you like. Socrates: But I have no particular liking for anything but the truth. I do

wish, however, that you would tell me what benefit accrues to the gods from our gifts. There is no doubt about what they give to us, for there is no good thing that they do not give. But how we can give any good thing to them in return, is far from being equally clear. If they give everything and we give nothing, that must be a business arrangement in which we have a very great advantage over them.

Euthyphro: And do you imagine, Socrates, that any benefit accrues to the gods from our gifts?

Socrates: But if not, Euthyphro, what is the meaning of gifts that we give to the gods?

Euthyphro: What else, but honor and praise and as I was just now saying, what pleases them?

Socrates: Piety, then, is pleasing to the gods, but not beneficial or dear to them?

Euthyphro: I would say that nothing could be dearer. Socrates: Then once again, piety is that which is dear to the gods. Euthyphro: Certainly. Socrates: And when you say this, can you be surprised that your words do

not stand firm, but walk away? Will you accuse me of being the Daedalus who makes them walk away, not seeing that there is another and far greater artist than Daedalus who makes them go around in a circle—namely, your- self? For the argument, as you see, comes back to the same point. Were we not saying that the pious was not the same as what is loved by the gods? Have you forgotten?

Euthyphro: I quite remember. Socrates: And are you not saying, then, that what is loved by the gods is

pious? And is not this the same as what is dear to them? Do you see?

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Euthyphro: True. Socrates: Then either we were wrong in our former assertion; or, if we

were right then, we are wrong now. Euthyphro: One of the two must be true. Socrates: Then we must begin again and ask, What is piety? That is an

inquiry that I will never be weary of pursuing as much as I can. And I beg you not to scorn me, but to apply your mind to the utmost and tell me the truth. For if any man knows, you are the one—and therefore I must detain you, like Proteus, until you tell me. If you had not certainly known the nature of piety and impiety, I am confident that you would never, on behalf of a laborer, have charged your aged father with murder. You would not have run such a risk of doing wrong in the sight of the gods, and you would have had too much respect for the opinions of men. I am sure, therefore, that you know the nature of piety and impiety. Speak forth then, my dear Euthyphro, and do not hide your knowledge.

Euthyphro: Another time, Socrates; for I am in a hurry and must go now. Socrates: Alas, my companion! Will you leave me in despair? I was hop-

ing that you would instruct me in the nature of piety and impiety; and then I could have cleared myself of Meletus and his indictment. I would have told him that I had been enlightened by Euthyphro and had given up rash inno- vations and speculations, caused only by my ignorance, and that now I am about to lead a better life.

Euthyphro (complete text): Reading 135

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Euthyphro: Yes, Socrates. Socrates: Upon this view, then, piety is a science of asking and giving? Euthyphro: You understand me excellently, Socrates. Socrates: Yes, my friend. The reason is that I am eager for your wisdom

and give my mind to it, and therefore nothing you say will be wasted on me. Please then tell me, what is the nature of this service to the gods? Do you mean that we make requests and give gifts to them?

Euthyphro: Yes, I do. Socrates: Is not the right way of asking, to ask them to give what we want? Euthyphro: Certainly. Socrates: And the right way of giving is to give them, in return, what they

want from us; there would be no meaning in an art that gives to anyone something he does not want.

Euthyphro: Very true, Socrates. Socrates: Then piety, Euthyphro, is an art that gods and men have of

doing business with one another. Euthyphro: You may use that expression if you like. Socrates: But I have no particular liking for anything but the truth. I do

wish, however, that you would tell me what benefit accrues to the gods from our gifts. There is no doubt about what they give to us, for there is no good thing that they do not give. But how we can give any good thing to them in return, is far from being equally clear. If they give everything and we give nothing, that must be a business arrangement in which we have a very great advantage over them.

Euthyphro: And do you imagine, Socrates, that any benefit accrues to the gods from our gifts?

Socrates: But if not, Euthyphro, what is the meaning of gifts that we give to the gods?

Euthyphro: What else, but honor and praise and as I was just now saying, what pleases them?

Socrates: Piety, then, is pleasing to the gods, but not beneficial or dear to them?

Euthyphro: I would say that nothing could be dearer. Socrates: Then once again, piety is that which is dear to the gods. Euthyphro: Certainly. Socrates: And when you say this, can you be surprised that your words do

not stand firm, but walk away? Will you accuse me of being the Daedalus who makes them walk away, not seeing that there is another and far greater artist than Daedalus who makes them go around in a circle—namely, your- self? For the argument, as you see, comes back to the same point. Were we not saying that the pious was not the same as what is loved by the gods? Have you forgotten?

Euthyphro: I quite remember. Socrates: And are you not saying, then, that what is loved by the gods is

pious? And is not this the same as what is dear to them? Do you see?

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Euthyphro: True. Socrates: Then either we were wrong in our former assertion; or, if we

were right then, we are wrong now. Euthyphro: One of the two must be true. Socrates: Then we must begin again and ask, What is piety? That is an

inquiry that I will never be weary of pursuing as much as I can. And I beg you not to scorn me, but to apply your mind to the utmost and tell me the truth. For if any man knows, you are the one—and therefore I must detain you, like Proteus, until you tell me. If you had not certainly known the nature of piety and impiety, I am confident that you would never, on behalf of a laborer, have charged your aged father with murder. You would not have run such a risk of doing wrong in the sight of the gods, and you would have had too much respect for the opinions of men. I am sure, therefore, that you know the nature of piety and impiety. Speak forth then, my dear Euthyphro, and do not hide your knowledge.

Euthyphro: Another time, Socrates; for I am in a hurry and must go now. Socrates: Alas, my companion! Will you leave me in despair? I was hop-

ing that you would instruct me in the nature of piety and impiety; and then I could have cleared myself of Meletus and his indictment. I would have told him that I had been enlightened by Euthyphro and had given up rash inno- vations and speculations, caused only by my ignorance, and that now I am about to lead a better life.

Euthyphro (complete text): Reading 135

THE EUTHYPHRO PROBLEM Is something right because God commands it? Or does God command it because it is right?

“Nothing is evil which is according to nature.” Marcus Aurelius

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223Bibliography136 An Examined Life Critical Thinking and Ethics

BIBLIOGRAPHY

Melville J. Herskovits, “Cultural Relativism and Cultural Values.” In Cultural Relativism: Perspectives in Cultural Pluralism, ed. Frances Herskovits. New York: Random House, 1972.

The Dialogues of Plato, trans. Benjamin Jowett. 3rd ed., vol. 2. New York: Macmillan, 1892 (updated stylistically).

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Part III. CONTEMPORARY

ETHICAL ISSUES Applying Ethical Theories to Life Today.

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CHAPTER 8: Women’s Rights, Human Rights

INTRODUCTION

“Of all the evils for which man has made himself responsible, none is so degrading, so shocking or so brutal as his abuse of the better half of humanity: the female sex.” Mahatma Gandhi

“Women typically choose a mate (husband or boyfriend) who earns more than she does. Men don’t have the same preference for a higher-earning mate. While women prefer to HAVE a higher-earning partner, men gen- erally prefer to BE the higher-earning partner in a relationship. This simple but profound difference between the sexes has powerful conse- quences for the so-called pay gap. Suppose the pay gap between men and women were magically eliminated. If that happened, simple arithmetic suggests that half of women would be unable to find what they regard as a suitable mate. The best way to improve economic prospects for women is to improve job prospects for the men in their lives, even if that means increasing the so-called pay gap.” Phyllis Schlafly

Women are not a minority, but they have been treated as second class persons by virtually every society in the history of humanity. The ethical problems attached to that fact are not new, but their being in the news at all in the 2st century should be cause for moral introspection as well as political concern. According to the most recent U.S. Census Bureau statistics, American women working full-time in 2012 earned on average 77 cents for every dollar men earned. The figures are more grim still for minority women: African-American women made 64 cents, Hispanic women 54 cents for every dollar earned by a white male. The promise of the 1963 Equal Pay Act has not been fulfilled, and more recent attempts at closing the paycheck gap have faltered. The Equal Rights Amendment infamously failed to pass all states in the 1970s, and attempts at a bill guaranteeing equal pay for equal jobs was defeated for the third time in the U.S. Congress in 2014. The gap in the paycheck is due to the fact that men work harder and are “more motivated by money than women are,” explained U.S. Representative Will Infantine.

He was not alone. Phyllis Schlafly, a prominent opponent of the Equal Rights Amendment, came out fighting again against equality in 2014 to explain that the solution should not be to give women equal pay but rather to pay them even less so that they’ll do better at finding a husband.

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From Plato and Aristotle, right through an embarrassing number of contemporary intellectuals, women often have been treated as inferior to men. The cause of women’s rights began, not exactly in a confrontational manner, in the Renaissance in both the New World and the Old. The Mexican poet and nun Sor Juana Inés de la Cruz argued for equal rights with a subtlety and wit that still sound fresh today. Her wry, incisive “Poet’s Answer” follows in this chapter. The Castilian poet and mystic St. Teresa of Jesus, while remaining among her sisters in Avila most of her life, managed to outwit the Spanish Inquisition, reform what would become the language of Cervantes, and hold her own as a philosopher and theologian. Particularly in her masterpieces Interior Castle and The Road to Perfection as well as in her spiritual autobiography Libro de la Vida, Teresa’s oeuvre was a call to freedom, a challenge for men and women alike and as equals to reach the greatness of human possibilities. She was declared a Doctor of the Church in 1970 and today is considered the patron saint of Spanish writers.

My own sex, I hope, will excuse me, if I treat them like rational creatures, instead of flattering their fascinating graces, and viewing them as if they were in a state of perpetual childhood, unable to stand alone.” Mary Wollstonecraft

A first wave of feminism, as it has been called, began in earnest in the late 18th Century with Mary Wollstonecraft’s A Vindication of the Rights of Women--a plea for the education of women--and turned into a fully-developed utilitarian argument in the 19th Century with John Stuart Mill’s The Subjection of Women and On Liberty. The arguments here were as simple as they were ahead of their time: giving women equal education and equal opportunities, including the right to vote, would not take away any of those rights and opportunities from men; it would only mean that more people had the same opportunities, the same rights. In the 20th Century, a second wave of feminism is most closely identified with Simone de Beauvoir’s 1949 explosive manifesto The Second Sex, which had a defining influence not only on other European philosophers but also on the burgeoning American feminist movement. Betty Friedan, Germaine Greer, Gloria Steinem and many others were marked by Beauvoir’s deceptively simple claim that “No one is born a woman, one must learn to become one.”

Making full use of her existentialist philosophical armour, Beauvoir pointed out the bad faith involved in treating women as an “other,” in pretending that women are but mere objects. There is no such thing as human nature for the existentialists, and that applies to men and women equally. Human beings are defined by freedom itself, always in opposition to the being that is the world. We are not things. Developing her partner Jean-Paul Sartre’s phenomenological ontology from the 1942 Being and Nothingness and applying it to the condition of women, Beauvoir pointed out

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that a woman becomes a woman by being taught that role and internalizing it, by pretending herself to be that role. To pretend that others are things, to pretend you are a thing—these are all examples of bad faith, of inauthenticity. In other words, both you and the oppressors, women and men, know better. Anticipating structuralism and the concept of our creating structures that we allow to become endowed with power over us, Beauvoir set the path both for political action and phenomenological investigation. That investigation continues, taking interesting turns. There have been claims that women are in fact not equal but rather different and better than men, that they have a privileged epistemology. These issues fall outside the scope of this discussion of ethics. Claims that women care more—something called “Ethics of Care” in the late 20th Century—fall within Aristotle’s ethics of virtue by stressing neither the act nor its consequences but rather the moral agent, in this case women. Still, asking “What makes a good woman?” is not much different than asking “What makes a good man?” There are differences, yes. But it is not evident that these differences are morally significant.

Octavio Roca and Matthew Schuh

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progress reflection and the experience of life: [namely, the opinion] that the principle which regulates the existing social relations between the two sexes—the legal subordination of one sex to the other—is wrong itself and now one of the chief hindrances to human improvement; and that it ought to be replaced by a principle of perfect equality, admitting no power or priv- ilege on the one side, nor disability on the other. . . .

The generality of a practice is in some cases a strong presumption that it is, or at all events once was, conducive to laudable ends.1 This is the case when the practice was first adopted, or afterwards kept up, as a means to such ends, and was grounded on experience of the mode in which they could be most effectually attained. If the authority of men over women, when first established, had been the result of a conscientious comparison between different modes of constituting the government of society; if, after trying various other modes of social organization—the government of women over men, equality between the two, and such mixed and divided modes of government as might be invented—it had been decided, on the testimony of experience, that the mode in which women are wholly under the rule of men, having no share at all in public concerns, and each in pri- vate being under the legal obligation of obedience to the man with whom she has associated her destiny, was the arrangement most conducive to the happiness and well-being of both; [then] its general adoption might then be fairly thought to be some evidence that, at the time when it was adopted, it was the best—though even then the considerations which recommended it may, like so many other primeval social facts of the greatest importance, have subsequently, in the course of ages, ceased to exist. But the state of the case is in every respect the reverse of this. In the first place, the opinion in favor of the present system, which entirely subordinates the weaker sex to the stronger, rests upon theory only. For there never has been trial made of any other, so that experience, in the sense in which it is vulgarly opposed to theory, cannot be pretended to have pronounced any verdict. And in the second place, the adoption of this system of inequality never was the result of deliberation, or forethought, or any social ideas, or any notion whatever of what conduced to the benefit of humanity or the good order of society. It arose simply from the fact that from the very earliest twilight of human society, every woman (owing to the value attached to her by men, combined with her inferiority in muscular strength) was found in a state of bondage to some man. Laws and systems of polity always begin by recognizing the rela- tions they find already existing between individuals. They convert what was a mere physical fact into a legal right, give it the sanction of society, and principally aim at the substitution of public and organized means of assert- ing and protecting these rights, instead of the irregular and lawless conflict of physical strength. Those who had already been compelled to obedience became in this manner legally bound to it. . . .

But, it will be said, the rule of men over women . . . is accepted volun- tarily; women make no complaint and are consenting parties to it. In the

138 An Examined Life Critical Thinking and EthicsAbel: Discourses Political and Social Philosophy

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The Subjection of Women

John Stuart Mill

John Stuart Mill was born in London in 1806. He was educated personally by his father, Scottish economist and philosopher James Mill, who put him through a rigorous program of study from his earliest years. Mill was reading Greek at age three and Latin at age eight. As a boy he read works of many classical authors in the original language, including works by Plato and Aristotle. When he was thirteen, he began studying the economic theories of Adam Smith and David Ricardo. The following year he traveled to France and spent a year with the family of Samuel Bentham (brother of English jurist and philosopher Jeremy Bentham). After returning to England, he began to study Roman law, with a view to possibly becoming a lawyer. But in 1823, when he was seventeen, he took a job at the British East India Company, where he was employed for the next thirty-five years. Mill was elected to Parliament in 1865 but failed to gain reelection in 1868. After his defeat he retired to Avignon, France, where he died in 1873.

Mill’s major writings include A System of Logic (1843), Principles of Political Economy (1848), On Liberty (1859), Utilitarianism (published serially in Fraser’s Magazine in 1861, separately in 1863), and The Subjection of Women (written in 1861, published in 1869).

Our reading is from The Subjection of Women. Mill’s aim in this essay is to show that the legal subordination of women to men “is wrong itself and . . . one of the chief hindrances to human improvement; and that it ought to be replaced by a principle of perfect equality.” Mill explains that subjection of women was never the result of rational deliberation; it initially resulted from men’s superior physical strength, and then became enshrined in custom and law. Society educates women to be submissive, to live by emotion, and, above all, to be attractive to men. It is as unjust to limit one’s opportunities because of one’s sex as to limit them because of one’s race. To establish laws upholding the equality of the sexes would benefit men as well as women. It psychologically damages a boy to believe that “by the mere fact of being born a male he is by right the superior of all and every one of an entire half of the human race,” and it psychologically damages a girl to believe that she is naturally inferior to all males. Society needs capable individuals to flourish and improve, and if women were given the same education and opportunities as men have, the number of such individuals would double. The most direct benefit of sexual quality in society would be “the unspeakable gain in private happiness to the liberated half of the species; the difference to them between a life of subjection to the will of others, and a life of rational freedom.”

Chapter I

The object of this essay is to explain, as clearly as I am able, grounds of an opinion which I have held from the very earliest period when I had formed any opinions at all on social political matters, and which, instead of being weakened or modified, has been constantly growing stronger by the

John Stuart Mill, The Subjection of Women. London, England: Longmans, Green, Reader & Dyer, 1869.

The Subjection of Women (selection): Reading 137

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© The McGraw−Hill Companies, 2006

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progress reflection and the experience of life: [namely, the opinion] that the principle which regulates the existing social relations between the two sexes—the legal subordination of one sex to the other—is wrong itself and now one of the chief hindrances to human improvement; and that it ought to be replaced by a principle of perfect equality, admitting no power or priv- ilege on the one side, nor disability on the other. . . .

The generality of a practice is in some cases a strong presumption that it is, or at all events once was, conducive to laudable ends.1 This is the case when the practice was first adopted, or afterwards kept up, as a means to such ends, and was grounded on experience of the mode in which they could be most effectually attained. If the authority of men over women, when first established, had been the result of a conscientious comparison between different modes of constituting the government of society; if, after trying various other modes of social organization—the government of women over men, equality between the two, and such mixed and divided modes of government as might be invented—it had been decided, on the testimony of experience, that the mode in which women are wholly under the rule of men, having no share at all in public concerns, and each in pri- vate being under the legal obligation of obedience to the man with whom she has associated her destiny, was the arrangement most conducive to the happiness and well-being of both; [then] its general adoption might then be fairly thought to be some evidence that, at the time when it was adopted, it was the best—though even then the considerations which recommended it may, like so many other primeval social facts of the greatest importance, have subsequently, in the course of ages, ceased to exist. But the state of the case is in every respect the reverse of this. In the first place, the opinion in favor of the present system, which entirely subordinates the weaker sex to the stronger, rests upon theory only. For there never has been trial made of any other, so that experience, in the sense in which it is vulgarly opposed to theory, cannot be pretended to have pronounced any verdict. And in the second place, the adoption of this system of inequality never was the result of deliberation, or forethought, or any social ideas, or any notion whatever of what conduced to the benefit of humanity or the good order of society. It arose simply from the fact that from the very earliest twilight of human society, every woman (owing to the value attached to her by men, combined with her inferiority in muscular strength) was found in a state of bondage to some man. Laws and systems of polity always begin by recognizing the rela- tions they find already existing between individuals. They convert what was a mere physical fact into a legal right, give it the sanction of society, and principally aim at the substitution of public and organized means of assert- ing and protecting these rights, instead of the irregular and lawless conflict of physical strength. Those who had already been compelled to obedience became in this manner legally bound to it. . . .

But, it will be said, the rule of men over women . . . is accepted volun- tarily; women make no complaint and are consenting parties to it. In the

138 An Examined Life Critical Thinking and EthicsAbel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

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The Subjection of Women

John Stuart Mill

John Stuart Mill was born in London in 1806. He was educated personally by his father, Scottish economist and philosopher James Mill, who put him through a rigorous program of study from his earliest years. Mill was reading Greek at age three and Latin at age eight. As a boy he read works of many classical authors in the original language, including works by Plato and Aristotle. When he was thirteen, he began studying the economic theories of Adam Smith and David Ricardo. The following year he traveled to France and spent a year with the family of Samuel Bentham (brother of English jurist and philosopher Jeremy Bentham). After returning to England, he began to study Roman law, with a view to possibly becoming a lawyer. But in 1823, when he was seventeen, he took a job at the British East India Company, where he was employed for the next thirty-five years. Mill was elected to Parliament in 1865 but failed to gain reelection in 1868. After his defeat he retired to Avignon, France, where he died in 1873.

Mill’s major writings include A System of Logic (1843), Principles of Political Economy (1848), On Liberty (1859), Utilitarianism (published serially in Fraser’s Magazine in 1861, separately in 1863), and The Subjection of Women (written in 1861, published in 1869).

Our reading is from The Subjection of Women. Mill’s aim in this essay is to show that the legal subordination of women to men “is wrong itself and . . . one of the chief hindrances to human improvement; and that it ought to be replaced by a principle of perfect equality.” Mill explains that subjection of women was never the result of rational deliberation; it initially resulted from men’s superior physical strength, and then became enshrined in custom and law. Society educates women to be submissive, to live by emotion, and, above all, to be attractive to men. It is as unjust to limit one’s opportunities because of one’s sex as to limit them because of one’s race. To establish laws upholding the equality of the sexes would benefit men as well as women. It psychologically damages a boy to believe that “by the mere fact of being born a male he is by right the superior of all and every one of an entire half of the human race,” and it psychologically damages a girl to believe that she is naturally inferior to all males. Society needs capable individuals to flourish and improve, and if women were given the same education and opportunities as men have, the number of such individuals would double. The most direct benefit of sexual quality in society would be “the unspeakable gain in private happiness to the liberated half of the species; the difference to them between a life of subjection to the will of others, and a life of rational freedom.”

Chapter I

The object of this essay is to explain, as clearly as I am able, grounds of an opinion which I have held from the very earliest period when I had formed any opinions at all on social political matters, and which, instead of being weakened or modified, has been constantly growing stronger by the

John Stuart Mill, The Subjection of Women. London, England: Longmans, Green, Reader & Dyer, 1869.

The Subjection of Women (selection): Reading 137 The Subjection of Women (selection): Reading

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The preceding considerations are amply sufficient to show that custom, however universal it may be, affords in this case no presumption, and ought not to create any prejudice, in favor of the arrangements which place women in social and political subjection to men. But I may go farther, and maintain that the course of history and the tendencies of progressive human society afford not only no presumption in favor of this system of inequality of rights, but a strong one against it; and that, so far as the whole course of human improvement up to the time, the whole stream of modern tendencies, warrants any inference on the subject, it is that this relic of the past is discordant with the future, and must necessarily disappear.

For, what is the peculiar character of the modern world—the difference which chiefly distinguishes modern institutions, modern social ideas, mod- ern life itself, from those of times long past? It is that human beings are no longer born to their place in life and chained down by an inexorable bond to the place they are born to, but are free to employ their faculties, and such favorable chances as offer, to achieve the lot which may appear to them most desirable. Human society of old was constituted on a very different principle. All were born to a fixed social position, and were mostly kept in it by law or interdicted from any means by which they could emerge from it. . . .

If individuals, with such help as they can derive from the opinion of those who know them, are not better judges than the law and the govern- ment of their own capacities and vocation . . . , we ought to act as if we believed it, and not to ordain that to be born a girl instead of a boy, any more than to be born black instead of white, or a commoner instead of a nobleman, shall decide the person’s position through all life—shall inter- dict people from all the more elevated social positions, and from all except a few respectable occupations. . . . In all things of any difficulty and impor- tance, those who can do them well are fewer than the need, even with the most unrestricted latitude of choice. And any limitation of the field of selec- tion deprives society of some chances of being served by the competent, without ever saving it from the incompetent.

At present, in the more improved countries, the disabilities of women are the only case, save one, in which laws and institutions take persons at their birth and ordain that they shall never in all their lives be allowed to compete for certain things. The one exception is that of royalty. Persons still are born to the throne; no one, not of the reigning family, can ever occupy it, and no one even of that family can, by any means but the course of hered- itary succession, attain it. All other dignities and social advantages are open to the whole male sex. Many indeed are only attainable by wealth, but wealth may be striven for by anyone, and is actually obtained by many men of the very humblest origin. . . . The disabilities, therefore, to which women are subject from the mere fact of their birth are the solitary examples of the kind in modern legislation. In no instance except this, which comprehends half the human race, are the higher social functions closed against anyone

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first place, a great number of women do not accept it. Ever since there have been women able to make their sentiments known by their writings (the only mode of publicity which society permits to them), an increasing num- ber of them have recorded protests against their present social condition. And recently many thousands of them, headed by the most eminent women known to the public, have petitioned Parliament for their admission to the Parliamentary suffrage. The claim of women to be educated as solidly and in the same branches of knowledge as men is urged with growing intensity, and with a great prospect of success; while the demand for their admission into professions and occupations hitherto closed against them, becomes every year more urgent. . . .

All causes, social and natural, combine to make it unlikely that women should be collectively rebellious to the power of men. They are so far in a position different from all other subject classes, that their masters require something more from them than actual service. Men do not want solely the obedience of women; they want their sentiments. All men, except the most brutish, desire to have, in the woman most nearly connected with them, not a forced slave but a willing one; not a slave merely, but a favorite. They have therefore put everything in practice to enslave their minds. The masters of all other slaves rely, for maintaining obedience, on fear—either fear of themselves or religious fears. The masters of women wanted more than sim- ple obedience, and they turned the whole force of education to effect their purpose. All women are brought up from the very earliest years in the belief that their ideal of character is the very opposite to that of men: not self will and government by self-control, but submission and yielding to the control of other. All the moralities tell them that it is the duty of women, and all the current sentimentalities that it is their nature, to live for others, to make complete abnegation of themselves, and to have no life but in their affec- tions. And by their affections are meant the only ones they are allowed to have—those to the men with whom they are connected, or to the children who constitute an additional and indefeasible tie between them and a man. When we put together three things—first, the natural attraction between opposite sexes; secondly, the wife’s entire dependence on the husband, every privilege or pleasure she has being either his gift, or depending entirely on his will; and lastly, that the principal object of human pursuit, consideration, and all objects of social ambition, can in general be sought or obtained by her only through him—it would be a miracle if the object of being attractive to men had not become the polar star of feminine educa- tion and formation of character. And, this great means of influence over the minds of women having been acquired, an instinct of selfishness made men avail themselves of it to the utmost as a means of holding women in subjec- tion, by representing to them meekness, submissiveness, and resignation of all individual will into the hands of a man, as an essential part of sexual attractiveness. . . .

The Subjection of Women (selection): Reading 139

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

233Abel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

The preceding considerations are amply sufficient to show that custom, however universal it may be, affords in this case no presumption, and ought not to create any prejudice, in favor of the arrangements which place women in social and political subjection to men. But I may go farther, and maintain that the course of history and the tendencies of progressive human society afford not only no presumption in favor of this system of inequality of rights, but a strong one against it; and that, so far as the whole course of human improvement up to the time, the whole stream of modern tendencies, warrants any inference on the subject, it is that this relic of the past is discordant with the future, and must necessarily disappear.

For, what is the peculiar character of the modern world—the difference which chiefly distinguishes modern institutions, modern social ideas, mod- ern life itself, from those of times long past? It is that human beings are no longer born to their place in life and chained down by an inexorable bond to the place they are born to, but are free to employ their faculties, and such favorable chances as offer, to achieve the lot which may appear to them most desirable. Human society of old was constituted on a very different principle. All were born to a fixed social position, and were mostly kept in it by law or interdicted from any means by which they could emerge from it. . . .

If individuals, with such help as they can derive from the opinion of those who know them, are not better judges than the law and the govern- ment of their own capacities and vocation . . . , we ought to act as if we believed it, and not to ordain that to be born a girl instead of a boy, any more than to be born black instead of white, or a commoner instead of a nobleman, shall decide the person’s position through all life—shall inter- dict people from all the more elevated social positions, and from all except a few respectable occupations. . . . In all things of any difficulty and impor- tance, those who can do them well are fewer than the need, even with the most unrestricted latitude of choice. And any limitation of the field of selec- tion deprives society of some chances of being served by the competent, without ever saving it from the incompetent.

At present, in the more improved countries, the disabilities of women are the only case, save one, in which laws and institutions take persons at their birth and ordain that they shall never in all their lives be allowed to compete for certain things. The one exception is that of royalty. Persons still are born to the throne; no one, not of the reigning family, can ever occupy it, and no one even of that family can, by any means but the course of hered- itary succession, attain it. All other dignities and social advantages are open to the whole male sex. Many indeed are only attainable by wealth, but wealth may be striven for by anyone, and is actually obtained by many men of the very humblest origin. . . . The disabilities, therefore, to which women are subject from the mere fact of their birth are the solitary examples of the kind in modern legislation. In no instance except this, which comprehends half the human race, are the higher social functions closed against anyone

140 An Examined Life Critical Thinking and EthicsAbel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

first place, a great number of women do not accept it. Ever since there have been women able to make their sentiments known by their writings (the only mode of publicity which society permits to them), an increasing num- ber of them have recorded protests against their present social condition. And recently many thousands of them, headed by the most eminent women known to the public, have petitioned Parliament for their admission to the Parliamentary suffrage. The claim of women to be educated as solidly and in the same branches of knowledge as men is urged with growing intensity, and with a great prospect of success; while the demand for their admission into professions and occupations hitherto closed against them, becomes every year more urgent. . . .

All causes, social and natural, combine to make it unlikely that women should be collectively rebellious to the power of men. They are so far in a position different from all other subject classes, that their masters require something more from them than actual service. Men do not want solely the obedience of women; they want their sentiments. All men, except the most brutish, desire to have, in the woman most nearly connected with them, not a forced slave but a willing one; not a slave merely, but a favorite. They have therefore put everything in practice to enslave their minds. The masters of all other slaves rely, for maintaining obedience, on fear—either fear of themselves or religious fears. The masters of women wanted more than sim- ple obedience, and they turned the whole force of education to effect their purpose. All women are brought up from the very earliest years in the belief that their ideal of character is the very opposite to that of men: not self will and government by self-control, but submission and yielding to the control of other. All the moralities tell them that it is the duty of women, and all the current sentimentalities that it is their nature, to live for others, to make complete abnegation of themselves, and to have no life but in their affec- tions. And by their affections are meant the only ones they are allowed to have—those to the men with whom they are connected, or to the children who constitute an additional and indefeasible tie between them and a man. When we put together three things—first, the natural attraction between opposite sexes; secondly, the wife’s entire dependence on the husband, every privilege or pleasure she has being either his gift, or depending entirely on his will; and lastly, that the principal object of human pursuit, consideration, and all objects of social ambition, can in general be sought or obtained by her only through him—it would be a miracle if the object of being attractive to men had not become the polar star of feminine educa- tion and formation of character. And, this great means of influence over the minds of women having been acquired, an instinct of selfishness made men avail themselves of it to the utmost as a means of holding women in subjec- tion, by representing to them meekness, submissiveness, and resignation of all individual will into the hands of a man, as an essential part of sexual attractiveness. . . .

The Subjection of Women (selection): Reading 139 The Subjection of Women (selection): Reading

10_bos5511X_Ch08_p225-273.indd 233 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics234 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

institutions? Would mankind be at all better off if women were free? If not, why disturb their minds, and attempt to make a social revolution in the name of an abstract right? . . .

In regard . . . to . . . the removal of women’s disabilities (their recogni- tion as the equals of men in all that belongs to citizenship), the opening to them of all honorable employments and of the training and education which qualifies for those employments—there are many persons for whom it is not enough that the inequality has no just or legitimate defense; they require to be told what express advantage would be obtained by abolishing it.

To which let me first answer, the advantage of having the most univer- sal and pervading of all human relations regulated by justice instead of injustice. The vast amount of this gain to human nature, it is hardly possible by any explanation or illustration to place in a stronger light than it is placed by the bare statement, to anyone who attaches a moral meaning to words. All the selfish propensities, the self-worship, the unjust self-preference which exist among mankind have their source and root in, and derive their principal nourishment from, the present constitution of the relation between men and women. Think what it is to a boy to grow up to manhood in the belief that without any merit or any exertion of his own, though he may be the most frivolous and empty or the most ignorant and stolid of mankind, by the mere fact of being born a male he is by right the superior of all and every one of an entire half of the human race—including proba- bly some whose real superiority to himself he has daily or hourly occasion to feel. But even if in his whole conduct he habitually follows a woman’s guid- ance, still, if he is a fool, she thinks that of course she is not, and cannot be, equal in ability and judgment to himself. And if he is not a fool, he does worse—he sees that she is superior to him, and believes that, notwithstand- ing her superiority, he is entitled to command and she is bound to obey. What must be the effect on his character, of this lesson? And men of the cul- tivated classes are often not aware how deeply it sinks into the immense majority of male minds. For, among right-feeling and well-bred people, the inequality is kept as much as possible out of sight—above all, out of sight of the children. As much obedience is required from boys to their mother as to their father; they are not permitted to domineer over their sisters, nor are they accustomed to see these postponed to them, but the contrary; the com- pensations of the chivalrous feeling being made prominent, while the servi- tude which requires them is kept in the background. Well brought-up youths in the higher classes thus often escape the bad influences of the sit- uation in their early years, and only experience them when, arrived at man- hood, they fall under the dominion of facts as they really exist. Such people are little aware, when a boy is differently brought up, how early the notion of his inherent superiority to a girl arises in his mind; how it grows with his growth and strengthens with his strength; how it is inoculated by one school- boy upon another; how early the youth thinks himself superior to his mother, owing her perhaps forbearance, but no real respect; and how sub-

142 An Examined Life Critical Thinking and EthicsAbel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

by a fatality of birth which no exertions and no change of circumstances can overcome. . . .

The least that can be demanded is that the question should not be con- sidered as prejudged by existing fact and existing opinion, but open to dis- cussion on its merits, as a question of justice and expediency—the decision on this, as on any of the other social arrangements of mankind, depending on what an enlightened estimate of tendencies and consequences may show to be most advantageous to humanity in general, without distinction of sex. And the discussion must be a real discussion, descending to foundations, and not resting satisfied with vague and general assertions. It will not do, for instance, to assert in general terms that the experience of mankind has pro- nounced in favor of the existing system. Experience cannot possibly have decided between two courses, so long as there has only been experience of one. If it be said that the doctrine of the equality of the sexes rests only on theory, it must be remembered that the contrary doctrine also has only the- ory to rest upon. All that is proved in its favor by direct experience is that mankind have been able to exist under it, and to attain the degree of improvement and prosperity which we now see. But whether that prosper- ity has been attained sooner, or is now greater, than it would have been under the other system, experience does not say. On the other hand, expe- rience does say that every step in improvement has been so invariably accompanied by a step made in raising the social position of women, that historians and philosophers have been led to adopt their elevation or debasement as on the whole the surest test and most correct measure of the civilization of a people or an age. Through all the progressive period of human history, the condition of women has been approaching nearer to equality with men. This does not of itself prove that the assimilation must go on to complete equality, but it assuredly affords some presumption that such is the case.

Neither does it avail anything to say that the nature of the two sexes adapts them to their present functions and position, and renders these appropriate to them. Standing on the ground of common sense and the constitution of the human mind, I deny that anyone knows, or can know, the nature of the two sexes, as long as they have only been seen in their pres- ent relation to one another. If men had ever been found in society without women, or women without men, or if there had been a society of men and women in which the women were not under the control of the men, some- thing might have been positively known about the mental and moral differ- ences which may be inherent in the nature of each. What is now called the nature of women is an eminently artificial thing—the result of forced repression in some directions, unnatural stimulation in others. . . .

Chapter IV

There remains a question . . . which will be asked the most importunately by those opponents whose conviction is somewhat shaken on the main point. What good are we to expect from the changes proposed in our customs and

The Subjection of Women (selection): Reading 141

10_bos5511X_Ch08_p225-273.indd 234 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

235Abel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

institutions? Would mankind be at all better off if women were free? If not, why disturb their minds, and attempt to make a social revolution in the name of an abstract right? . . .

In regard . . . to . . . the removal of women’s disabilities (their recogni- tion as the equals of men in all that belongs to citizenship), the opening to them of all honorable employments and of the training and education which qualifies for those employments—there are many persons for whom it is not enough that the inequality has no just or legitimate defense; they require to be told what express advantage would be obtained by abolishing it.

To which let me first answer, the advantage of having the most univer- sal and pervading of all human relations regulated by justice instead of injustice. The vast amount of this gain to human nature, it is hardly possible by any explanation or illustration to place in a stronger light than it is placed by the bare statement, to anyone who attaches a moral meaning to words. All the selfish propensities, the self-worship, the unjust self-preference which exist among mankind have their source and root in, and derive their principal nourishment from, the present constitution of the relation between men and women. Think what it is to a boy to grow up to manhood in the belief that without any merit or any exertion of his own, though he may be the most frivolous and empty or the most ignorant and stolid of mankind, by the mere fact of being born a male he is by right the superior of all and every one of an entire half of the human race—including proba- bly some whose real superiority to himself he has daily or hourly occasion to feel. But even if in his whole conduct he habitually follows a woman’s guid- ance, still, if he is a fool, she thinks that of course she is not, and cannot be, equal in ability and judgment to himself. And if he is not a fool, he does worse—he sees that she is superior to him, and believes that, notwithstand- ing her superiority, he is entitled to command and she is bound to obey. What must be the effect on his character, of this lesson? And men of the cul- tivated classes are often not aware how deeply it sinks into the immense majority of male minds. For, among right-feeling and well-bred people, the inequality is kept as much as possible out of sight—above all, out of sight of the children. As much obedience is required from boys to their mother as to their father; they are not permitted to domineer over their sisters, nor are they accustomed to see these postponed to them, but the contrary; the com- pensations of the chivalrous feeling being made prominent, while the servi- tude which requires them is kept in the background. Well brought-up youths in the higher classes thus often escape the bad influences of the sit- uation in their early years, and only experience them when, arrived at man- hood, they fall under the dominion of facts as they really exist. Such people are little aware, when a boy is differently brought up, how early the notion of his inherent superiority to a girl arises in his mind; how it grows with his growth and strengthens with his strength; how it is inoculated by one school- boy upon another; how early the youth thinks himself superior to his mother, owing her perhaps forbearance, but no real respect; and how sub-

142 An Examined Life Critical Thinking and EthicsAbel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

by a fatality of birth which no exertions and no change of circumstances can overcome. . . .

The least that can be demanded is that the question should not be con- sidered as prejudged by existing fact and existing opinion, but open to dis- cussion on its merits, as a question of justice and expediency—the decision on this, as on any of the other social arrangements of mankind, depending on what an enlightened estimate of tendencies and consequences may show to be most advantageous to humanity in general, without distinction of sex. And the discussion must be a real discussion, descending to foundations, and not resting satisfied with vague and general assertions. It will not do, for instance, to assert in general terms that the experience of mankind has pro- nounced in favor of the existing system. Experience cannot possibly have decided between two courses, so long as there has only been experience of one. If it be said that the doctrine of the equality of the sexes rests only on theory, it must be remembered that the contrary doctrine also has only the- ory to rest upon. All that is proved in its favor by direct experience is that mankind have been able to exist under it, and to attain the degree of improvement and prosperity which we now see. But whether that prosper- ity has been attained sooner, or is now greater, than it would have been under the other system, experience does not say. On the other hand, expe- rience does say that every step in improvement has been so invariably accompanied by a step made in raising the social position of women, that historians and philosophers have been led to adopt their elevation or debasement as on the whole the surest test and most correct measure of the civilization of a people or an age. Through all the progressive period of human history, the condition of women has been approaching nearer to equality with men. This does not of itself prove that the assimilation must go on to complete equality, but it assuredly affords some presumption that such is the case.

Neither does it avail anything to say that the nature of the two sexes adapts them to their present functions and position, and renders these appropriate to them. Standing on the ground of common sense and the constitution of the human mind, I deny that anyone knows, or can know, the nature of the two sexes, as long as they have only been seen in their pres- ent relation to one another. If men had ever been found in society without women, or women without men, or if there had been a society of men and women in which the women were not under the control of the men, some- thing might have been positively known about the mental and moral differ- ences which may be inherent in the nature of each. What is now called the nature of women is an eminently artificial thing—the result of forced repression in some directions, unnatural stimulation in others. . . .

Chapter IV

There remains a question . . . which will be asked the most importunately by those opponents whose conviction is somewhat shaken on the main point. What good are we to expect from the changes proposed in our customs and

The Subjection of Women (selection): Reading 141 The Subjection of Women (selection): Reading

10_bos5511X_Ch08_p225-273.indd 235 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics236 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

The second benefit to be expected from giving to women the free use of their faculties, by leaving them the free choice of their employments and opening to them the same field of occupation and the same prizes and encouragements as to other human beings, would be that of doubling the mass of mental faculties available for the higher service of humanity. Where there is now one person qualified to benefit mankind and promote the gen- eral improvement as a public teacher or an administrator of some branch of public or social affairs, there would then be a chance of two. Mental superi- ority of any kind is at present everywhere so much below the demand; there is such a deficiency of persons competent to do excellently anything which it requires any considerable amount of ability to do—that the loss to the world, by refusing to make use of one half of the whole quantity of talent it possesses, is extremely serious. It is true that this amount of mental power is not totally lost. Much of it is employed, and would in any case be employed, in domestic management and in the few other occupations open to women. And from the remainder, indirect benefit is in many individual cases obtained through the personal influence of individual women over individ- ual men. But these benefits are partial; their range is extremely circum- scribed; and if they must be admitted, on the one hand, as a deduction from the amount of fresh social power that would be acquired by giving freedom to one-half of the whole sum of human intellect, there must be added, on the other, the benefit of the stimulus that would be given to the intellect of men by the competition; or (to use a more true expression) by the necessity that would be imposed on them of deserving precedency before they could expect to obtain it.

This great accession to the intellectual power of the species, and to the amount of intellect available for the good management of its affairs, would be obtained partly through the better and more complete intellectual edu- cation of women, which would then improve pari passu3 with that of men. Women in general would be brought up equally capable of understanding business, public affairs, and the higher matters of speculation, with men in the same class of society; and the select few of the one as well as of the other sex who were qualified not only to comprehend what is done or thought by others, but to think or do something considerable themselves, would meet with the same facilities for improving and training their capacities in the one sex as in the other. In this way, the widening of the sphere of action for women would operate for good, by raising their education to the level of that of men and making the one participate in all improvements made in the other. But independently of this, the mere breaking down of the barrier would of itself have an educational virtue of the highest worth. The mere getting rid of the idea that all the wider subjects of thought and action, all the things which are of general and not solely of private interest, are men’s business, from which women are to be warned off (positively interdicted from most of it, coldly tolerated in the little which is allowed them), the mere consciousness a woman would then have of being a human being like

144 An Examined Life Critical Thinking and EthicsAbel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

lime and sultan-like a sense of superiority he feels, above all, over the woman whom he honors by admitting her to a partnership of his life. Is it imagined that all this does not pervert the whole manner of existence of the man, both as an individual and as a social being? It is an exact parallel to the feeling of a hereditary king that he is excellent above others by being born a king, or a noble by being born a noble. The relation between husband and wife is very like that between lord and vassal, except that the wife is held to more unlimited obedience than the vassal was. However the vassal’s charac- ter may have been affected, for better and for worse, by his subordination, who can help seeing that the lord’s was affected greatly for the worse— whether he was led to believe that his vassals were really superior to himself, or to feel that he was placed in command over people as good as himself, for no merits or labors of his own, but merely for having, as Figaro says, taken the trouble to be born.2 The self-worship of the monarch or of the feudal superior is matched by the self-worship of the male. Human beings do not grow up from childhood in the possession of unearned distinctions, without pluming themselves upon them. Those whom privileges not acquired by their merit, and which they feel to be disproportioned to it, inspire with additional humility are always the few, and the best few. The rest are only inspired with pride, and the worst sort of pride—that which val- ues itself upon accidental advantages, not of its own achieving. . . .

The education given to the sentiments by laying the foundation of domestic existence upon a relation contradictory to the first principles of social justice must, from the very nature of man, have a perverting influence of such magnitude that it is hardly possible with our present experience to raise our imaginations to the conception of so great a change for the better as would be made by its removal. All that education and civilization are doing to efface the influences on character of the law of force, and replace them by those of justice, remains merely on the surface as long as the citadel of the enemy is not attacked. The principle of the modern movement in morals and politics is that conduct, and conduct alone, entitles to respect; that not what men are, but what they do, constitutes their claim to defer- ence; that, above all, merit and not birth is the only rightful claim to power and authority. If no authority, not in its nature temporary, were allowed to one human being over another, society would not be employed in building up propensities with one hand which it has to curb with the other. The child would really, for the first time in man’s existence on earth, be trained in the way he should go, and when he was old there would be a chance that he would not depart from it. But so long as the right of the strong to power over the weak rules in the very heart of society, the attempt to make the equal right of the weak the principle of its outward actions will always be an uphill struggle; for the law of justice, which is also that of Christianity, will never get possession of men’s inmost sentiments; they will be working against it, even when bending to it.

The Subjection of Women (selection): Reading 143

10_bos5511X_Ch08_p225-273.indd 236 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

237Abel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

The second benefit to be expected from giving to women the free use of their faculties, by leaving them the free choice of their employments and opening to them the same field of occupation and the same prizes and encouragements as to other human beings, would be that of doubling the mass of mental faculties available for the higher service of humanity. Where there is now one person qualified to benefit mankind and promote the gen- eral improvement as a public teacher or an administrator of some branch of public or social affairs, there would then be a chance of two. Mental superi- ority of any kind is at present everywhere so much below the demand; there is such a deficiency of persons competent to do excellently anything which it requires any considerable amount of ability to do—that the loss to the world, by refusing to make use of one half of the whole quantity of talent it possesses, is extremely serious. It is true that this amount of mental power is not totally lost. Much of it is employed, and would in any case be employed, in domestic management and in the few other occupations open to women. And from the remainder, indirect benefit is in many individual cases obtained through the personal influence of individual women over individ- ual men. But these benefits are partial; their range is extremely circum- scribed; and if they must be admitted, on the one hand, as a deduction from the amount of fresh social power that would be acquired by giving freedom to one-half of the whole sum of human intellect, there must be added, on the other, the benefit of the stimulus that would be given to the intellect of men by the competition; or (to use a more true expression) by the necessity that would be imposed on them of deserving precedency before they could expect to obtain it.

This great accession to the intellectual power of the species, and to the amount of intellect available for the good management of its affairs, would be obtained partly through the better and more complete intellectual edu- cation of women, which would then improve pari passu3 with that of men. Women in general would be brought up equally capable of understanding business, public affairs, and the higher matters of speculation, with men in the same class of society; and the select few of the one as well as of the other sex who were qualified not only to comprehend what is done or thought by others, but to think or do something considerable themselves, would meet with the same facilities for improving and training their capacities in the one sex as in the other. In this way, the widening of the sphere of action for women would operate for good, by raising their education to the level of that of men and making the one participate in all improvements made in the other. But independently of this, the mere breaking down of the barrier would of itself have an educational virtue of the highest worth. The mere getting rid of the idea that all the wider subjects of thought and action, all the things which are of general and not solely of private interest, are men’s business, from which women are to be warned off (positively interdicted from most of it, coldly tolerated in the little which is allowed them), the mere consciousness a woman would then have of being a human being like

144 An Examined Life Critical Thinking and EthicsAbel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

lime and sultan-like a sense of superiority he feels, above all, over the woman whom he honors by admitting her to a partnership of his life. Is it imagined that all this does not pervert the whole manner of existence of the man, both as an individual and as a social being? It is an exact parallel to the feeling of a hereditary king that he is excellent above others by being born a king, or a noble by being born a noble. The relation between husband and wife is very like that between lord and vassal, except that the wife is held to more unlimited obedience than the vassal was. However the vassal’s charac- ter may have been affected, for better and for worse, by his subordination, who can help seeing that the lord’s was affected greatly for the worse— whether he was led to believe that his vassals were really superior to himself, or to feel that he was placed in command over people as good as himself, for no merits or labors of his own, but merely for having, as Figaro says, taken the trouble to be born.2 The self-worship of the monarch or of the feudal superior is matched by the self-worship of the male. Human beings do not grow up from childhood in the possession of unearned distinctions, without pluming themselves upon them. Those whom privileges not acquired by their merit, and which they feel to be disproportioned to it, inspire with additional humility are always the few, and the best few. The rest are only inspired with pride, and the worst sort of pride—that which val- ues itself upon accidental advantages, not of its own achieving. . . .

The education given to the sentiments by laying the foundation of domestic existence upon a relation contradictory to the first principles of social justice must, from the very nature of man, have a perverting influence of such magnitude that it is hardly possible with our present experience to raise our imaginations to the conception of so great a change for the better as would be made by its removal. All that education and civilization are doing to efface the influences on character of the law of force, and replace them by those of justice, remains merely on the surface as long as the citadel of the enemy is not attacked. The principle of the modern movement in morals and politics is that conduct, and conduct alone, entitles to respect; that not what men are, but what they do, constitutes their claim to defer- ence; that, above all, merit and not birth is the only rightful claim to power and authority. If no authority, not in its nature temporary, were allowed to one human being over another, society would not be employed in building up propensities with one hand which it has to curb with the other. The child would really, for the first time in man’s existence on earth, be trained in the way he should go, and when he was old there would be a chance that he would not depart from it. But so long as the right of the strong to power over the weak rules in the very heart of society, the attempt to make the equal right of the weak the principle of its outward actions will always be an uphill struggle; for the law of justice, which is also that of Christianity, will never get possession of men’s inmost sentiments; they will be working against it, even when bending to it.

The Subjection of Women (selection): Reading 143 The Subjection of Women (selection): Reading

10_bos5511X_Ch08_p225-273.indd 237 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics238 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

felt on emerging from boyhood—from the tutelage and control of even loved and affectionate elders—and entering upon the responsibilities of manhood. Was it not like the physical effect of taking off a heavy weight, or releasing him from obstructive, even if not otherwise painful, bonds? Did he not feel twice as much alive, twice as much a human being, as before? And does he imagine that women have none of these feelings? . . .

What, in unenlightened societies, color, race, religion—or in the case of a conquered country, nationality—are to some men, sex is to all women: a peremptory exclusion from almost all honorable occupations but either such as cannot be fulfilled by others, or such as those others do not think worthy of their acceptance. Sufferings arising from causes of this nature usu- ally meet with so little sympathy that few persons are aware of the great amount of unhappiness even now produced by the feeling of a wasted life. The case will be even more frequent, as increased cultivation creates a greater and greater disproportion between the ideas and faculties of women, and the scope which society allows to their activity.

When we consider the positive evil caused to the disqualified half of the human race by their disqualification—first in the loss of the most inspiriting and elevating kind of personal enjoyment, and next in the weariness, disap- pointment, and profound dissatisfaction with life, which are so often the substitute for it—one feels that among all the lessons which men require for carrying on the struggle against the inevitable imperfections of their lot on earth, there is no lesson which they more need than not to add to the evils which nature inflicts, by their jealous and prejudiced restrictions on one another. Their vain fears only substitute other and worse evils for those which they are idly apprehensive of, while every restraint on the freedom of conduct of any of their human fellow-creatures (otherwise than by making them responsible for any evil actually caused by it) dries up pro tanto4 the principal fountain of human happiness, and leaves the species less rich, to an inappreciable degree, in all that makes life valuable to the individual human being.

� N O T E S

1. ends: goals [D. C. ABEL, EDITOR] 2. In the play The Marriage of Figaro by Pierre-Augustin Caron de

Beaumarchais, Figaro says: “What have you done to earn so many hon- ors? You took the trouble to be born, that is all” (Act 5, Scene 3). Beaumarchais (1732–1799) was a French dramatist and businessperson. [D. C. ABEL]

3. pari passu: (Latin, “with equal step”) at the same rate [D. C. ABEL] 4. pro tanto: (Latin) to that extent [D. C. ABEL]

146 An Examined Life Critical Thinking and EthicsAbel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

any other, entitled to choose her pursuits, urged or invited by the same inducements as anyone else to interest herself in whatever is interesting to human beings, entitled to exert the share of influence on all human con- cerns which belongs to an individual opinion, whether she attempted actual participation in them or not—this alone would effect an immense expan- sion of the faculties of women, as well as enlargement of the range of their moral sentiments. . . .

There is another very injurious aspect in which the effect, not of women’s disabilities directly, but of the broad line of difference which those disabilities create between the education and character of a woman and that of a man, requires to be considered. Nothing can be more unfavorable to that union of thoughts and inclinations which is the ideal of married life. Intimate society between people radically dissimilar to one another is an idle dream. Unlikeness may attract, but it is likeness which retains; and in proportion to the likeness is the suitability of the individuals to give each other a happy life. . . .

What marriage may be in the case of two persons of cultivated faculties, identical in opinions and purposes, between whom there exists that best kind of equality, similarity of powers and capacities with reciprocal superi- ority in them—so that each can enjoy the luxury of looking up to the other, and can have alternately the pleasure of leading and of being led in the path of development—I will not attempt to describe. To those who can conceive it, there is no need; to those who cannot, it would appear the dream of an enthusiast. But I maintain with the profoundest conviction that this, and this only, is the ideal of marriage; and that all opinions, customs, and insti- tutions which favor any other notion of it, or turn the conceptions and aspi- rations connected with it into any other direction, by whatever pretences they may be colored, are relics of primitive barbarism. The moral regenera- tion of mankind will only really commence when the most fundamental of the social relations is placed under the rule of equal justice, and when human beings learn to cultivate their strongest sympathy with an equal in rights and in cultivation.

Thus far, the benefits which it has appeared that the world would gain by ceasing to make sex a disqualification for privileges and a badge of sub- jection, are social rather than individual; consisting in an increase of the general fund of thinking and acting power, and an improvement in the gen- eral conditions of the association of men with women. But it would be a grievous understatement of the case to omit the most direct benefit of all, the unspeakable gain in private happiness to the liberated half of the species; the difference to them between a life of subjection to the will of others, and a life of rational freedom. After the primary necessities of food and raiment, freedom is the first and strongest want of human nature. . . .

He who would rightly appreciate the worth of personal independence as an element of happiness should consider the value he himself puts upon it as an ingredient of his own. . . . Let any man call to mind what he himself

The Subjection of Women (selection): Reading 145

10_bos5511X_Ch08_p225-273.indd 238 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

239Abel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

felt on emerging from boyhood—from the tutelage and control of even loved and affectionate elders—and entering upon the responsibilities of manhood. Was it not like the physical effect of taking off a heavy weight, or releasing him from obstructive, even if not otherwise painful, bonds? Did he not feel twice as much alive, twice as much a human being, as before? And does he imagine that women have none of these feelings? . . .

What, in unenlightened societies, color, race, religion—or in the case of a conquered country, nationality—are to some men, sex is to all women: a peremptory exclusion from almost all honorable occupations but either such as cannot be fulfilled by others, or such as those others do not think worthy of their acceptance. Sufferings arising from causes of this nature usu- ally meet with so little sympathy that few persons are aware of the great amount of unhappiness even now produced by the feeling of a wasted life. The case will be even more frequent, as increased cultivation creates a greater and greater disproportion between the ideas and faculties of women, and the scope which society allows to their activity.

When we consider the positive evil caused to the disqualified half of the human race by their disqualification—first in the loss of the most inspiriting and elevating kind of personal enjoyment, and next in the weariness, disap- pointment, and profound dissatisfaction with life, which are so often the substitute for it—one feels that among all the lessons which men require for carrying on the struggle against the inevitable imperfections of their lot on earth, there is no lesson which they more need than not to add to the evils which nature inflicts, by their jealous and prejudiced restrictions on one another. Their vain fears only substitute other and worse evils for those which they are idly apprehensive of, while every restraint on the freedom of conduct of any of their human fellow-creatures (otherwise than by making them responsible for any evil actually caused by it) dries up pro tanto4 the principal fountain of human happiness, and leaves the species less rich, to an inappreciable degree, in all that makes life valuable to the individual human being.

� N O T E S

1. ends: goals [D. C. ABEL, EDITOR] 2. In the play The Marriage of Figaro by Pierre-Augustin Caron de

Beaumarchais, Figaro says: “What have you done to earn so many hon- ors? You took the trouble to be born, that is all” (Act 5, Scene 3). Beaumarchais (1732–1799) was a French dramatist and businessperson. [D. C. ABEL]

3. pari passu: (Latin, “with equal step”) at the same rate [D. C. ABEL] 4. pro tanto: (Latin) to that extent [D. C. ABEL]

146 An Examined Life Critical Thinking and EthicsAbel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

any other, entitled to choose her pursuits, urged or invited by the same inducements as anyone else to interest herself in whatever is interesting to human beings, entitled to exert the share of influence on all human con- cerns which belongs to an individual opinion, whether she attempted actual participation in them or not—this alone would effect an immense expan- sion of the faculties of women, as well as enlargement of the range of their moral sentiments. . . .

There is another very injurious aspect in which the effect, not of women’s disabilities directly, but of the broad line of difference which those disabilities create between the education and character of a woman and that of a man, requires to be considered. Nothing can be more unfavorable to that union of thoughts and inclinations which is the ideal of married life. Intimate society between people radically dissimilar to one another is an idle dream. Unlikeness may attract, but it is likeness which retains; and in proportion to the likeness is the suitability of the individuals to give each other a happy life. . . .

What marriage may be in the case of two persons of cultivated faculties, identical in opinions and purposes, between whom there exists that best kind of equality, similarity of powers and capacities with reciprocal superi- ority in them—so that each can enjoy the luxury of looking up to the other, and can have alternately the pleasure of leading and of being led in the path of development—I will not attempt to describe. To those who can conceive it, there is no need; to those who cannot, it would appear the dream of an enthusiast. But I maintain with the profoundest conviction that this, and this only, is the ideal of marriage; and that all opinions, customs, and insti- tutions which favor any other notion of it, or turn the conceptions and aspi- rations connected with it into any other direction, by whatever pretences they may be colored, are relics of primitive barbarism. The moral regenera- tion of mankind will only really commence when the most fundamental of the social relations is placed under the rule of equal justice, and when human beings learn to cultivate their strongest sympathy with an equal in rights and in cultivation.

Thus far, the benefits which it has appeared that the world would gain by ceasing to make sex a disqualification for privileges and a badge of sub- jection, are social rather than individual; consisting in an increase of the general fund of thinking and acting power, and an improvement in the gen- eral conditions of the association of men with women. But it would be a grievous understatement of the case to omit the most direct benefit of all, the unspeakable gain in private happiness to the liberated half of the species; the difference to them between a life of subjection to the will of others, and a life of rational freedom. After the primary necessities of food and raiment, freedom is the first and strongest want of human nature. . . .

He who would rightly appreciate the worth of personal independence as an element of happiness should consider the value he himself puts upon it as an ingredient of his own. . . . Let any man call to mind what he himself

The Subjection of Women (selection): Reading 145 The Subjection of Women (selection): Reading

10_bos5511X_Ch08_p225-273.indd 239 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics240 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

The Subjection of Women John Stuart Mill

Reading Questions

According to Mill:

1. What factors make attractiveness to men “the polar star of feminine edu- cation and formation of character”?

2. What chiefly distinguishes modern times from previous times?

3. Why is it erroneous to argue that the nature of the two sexes makes their present relationship appropriate?

4. What are the two main benefits to society that would result from the legal equality of men and women?

5. What is the main benefit to individuals that would result from the legal equality of men and women?

Discussion Questions

In your own view:

1. Should women and men receive the same education?

2. Should husband and wife have equal authority in a marriage? If so, how should disputes be resolved?

3. Is sexism similar to racism?

4. If a culture teaches that women are subordinate to men, does this idea psychologically damage both the women and the men?

5. Should the U.S. Constitution be amended to guarantee that males and females have equal rights under the law?

The Subjection of Women (selection): Reading 147 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

Feminism and Moral Theory

Virginia Held

Virginia Held was born in Mendham, New Jersey, in 1929. She attended Barnard College of Columbia University, receiving her bachelor’s degree in philosophy in 1950. After pursuing graduate studies in France for a year with a Fulbright Grant, she gave up philosophy for a decade because it seemed too remote from the social and political problems that had become her central concerns. Held worked for a magazine of news and opinion, doing research and occasional writing. But after seeing how philosophical assumptions pervaded the thinking of those outside academics, she resumed graduate studies in philosophy, completing her doctorate at Columbia in 1968. Held has been teaching at Hunter College of the City University of New York since 1965. Since 1977 she has also been on the faculty of the Graduate School of the City University of New York. Held has been a visiting professor at Yale University, Dartmouth College, the University of California at Los Angeles, and Hamilton College. She has also been a visit- ing scholar at Harvard Law School.

Held’s works, which have contributed to the renewed philosophical interest in applied ethics, include The Public Interest and Individual Interests (1970), Property, Profits, and Economic Justice (editor, 1980), Rights and Goods: Justifying Social Action (1984), and Feminist Morality: Transforming Culture, Society, and Politics (1993; an expansion of the moral theory outlined in our reading).

Our reading is from Held’s 1987 article, “Women and Moral Theory.” Held first states her belief that philosophers should postpone their attempts to devise a general moral theory covering all domains of human activity and should instead devote their energies to developing theories for specific, actual contexts. Her article explores ethi- cal issues pertaining to the context of a large part of many women’s experience: moth- erhood.

Held argues that ethical theories that view contractual exchange as the fundamen- tal social relationship are suitable for the activity of commerce, but inappropriate for the family. She contends that the foundation of society is the mother-child relation, not the buyer-seller relation of the marketplace, and that the nurturing relationship (the nurturer need not be the mother) may turn out to be the paradigm for all human rela- tionships.

An ethics focused on nurture would help turn our ethical attention away from the two poles of self and all others, and toward the intermediate region of “particular others” (for example, relatives and friends). Such an ethics would put less emphasis on general moral principles but not eliminate them altogether. Held concludes by exploring the significance for moral theory of the fact that, although both men and women can nur- ture children, only women can give birth.

The tasks of moral inquiry and moral practice are such that different moral approaches may be appropriate for different domains of human activity. I have argued in a recent book1 that we need a division of moral labor. In Rights and Goods, I suggest that we ought to try to develop moral inquiries that will be as satisfactory as possible for the actual contexts in which we live

Virginia Held. From “Feminism and Moral Theory,” in Women and Moral Theory, eds. Eva Feder Kittay and Diana T. Myers. Copyright © 1987 by Rowman & Littlefield Publishers.

Feminism and Moral Theory (selection): Reading 247

10_bos5511X_Ch08_p225-273.indd 240 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

241Feminism and Moral Theory (selection): ReadingAbel: Discourses Political and Social Philosophy

John Stuart Mill, ‘‘The Subjection of Women’’ (selection)

© The McGraw−Hill Companies, 2008

The Subjection of Women John Stuart Mill

Reading Questions

According to Mill:

1. What factors make attractiveness to men “the polar star of feminine edu- cation and formation of character”?

2. What chiefly distinguishes modern times from previous times?

3. Why is it erroneous to argue that the nature of the two sexes makes their present relationship appropriate?

4. What are the two main benefits to society that would result from the legal equality of men and women?

5. What is the main benefit to individuals that would result from the legal equality of men and women?

Discussion Questions

In your own view:

1. Should women and men receive the same education?

2. Should husband and wife have equal authority in a marriage? If so, how should disputes be resolved?

3. Is sexism similar to racism?

4. If a culture teaches that women are subordinate to men, does this idea psychologically damage both the women and the men?

5. Should the U.S. Constitution be amended to guarantee that males and females have equal rights under the law?

The Subjection of Women (selection): Reading 147 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

Feminism and Moral Theory

Virginia Held

Virginia Held was born in Mendham, New Jersey, in 1929. She attended Barnard College of Columbia University, receiving her bachelor’s degree in philosophy in 1950. After pursuing graduate studies in France for a year with a Fulbright Grant, she gave up philosophy for a decade because it seemed too remote from the social and political problems that had become her central concerns. Held worked for a magazine of news and opinion, doing research and occasional writing. But after seeing how philosophical assumptions pervaded the thinking of those outside academics, she resumed graduate studies in philosophy, completing her doctorate at Columbia in 1968. Held has been teaching at Hunter College of the City University of New York since 1965. Since 1977 she has also been on the faculty of the Graduate School of the City University of New York. Held has been a visiting professor at Yale University, Dartmouth College, the University of California at Los Angeles, and Hamilton College. She has also been a visit- ing scholar at Harvard Law School.

Held’s works, which have contributed to the renewed philosophical interest in applied ethics, include The Public Interest and Individual Interests (1970), Property, Profits, and Economic Justice (editor, 1980), Rights and Goods: Justifying Social Action (1984), and Feminist Morality: Transforming Culture, Society, and Politics (1993; an expansion of the moral theory outlined in our reading).

Our reading is from Held’s 1987 article, “Women and Moral Theory.” Held first states her belief that philosophers should postpone their attempts to devise a general moral theory covering all domains of human activity and should instead devote their energies to developing theories for specific, actual contexts. Her article explores ethi- cal issues pertaining to the context of a large part of many women’s experience: moth- erhood.

Held argues that ethical theories that view contractual exchange as the fundamen- tal social relationship are suitable for the activity of commerce, but inappropriate for the family. She contends that the foundation of society is the mother-child relation, not the buyer-seller relation of the marketplace, and that the nurturing relationship (the nurturer need not be the mother) may turn out to be the paradigm for all human rela- tionships.

An ethics focused on nurture would help turn our ethical attention away from the two poles of self and all others, and toward the intermediate region of “particular others” (for example, relatives and friends). Such an ethics would put less emphasis on general moral principles but not eliminate them altogether. Held concludes by exploring the significance for moral theory of the fact that, although both men and women can nur- ture children, only women can give birth.

The tasks of moral inquiry and moral practice are such that different moral approaches may be appropriate for different domains of human activity. I have argued in a recent book1 that we need a division of moral labor. In Rights and Goods, I suggest that we ought to try to develop moral inquiries that will be as satisfactory as possible for the actual contexts in which we live

Virginia Held. From “Feminism and Moral Theory,” in Women and Moral Theory, eds. Eva Feder Kittay and Diana T. Myers. Copyright © 1987 by Rowman & Littlefield Publishers.

Feminism and Moral Theory (selection): Reading 247

10_bos5511X_Ch08_p225-273.indd 241 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics242 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

and in which our experience is located. Such a division of moral labor can be expected to yield different moral theories for different contexts of hu- man activity, at least for the foreseeable future. In my view, the moral ap- proaches most suitable for the courtroom are not those most suitable for po- litical bargaining; the moral approaches suitable for economic activity are not those suitable for relations within the family, and so on. The task of achieving a unified moral field theory covering all domains is one we may do well to postpone, while we do our best to devise and to “test” various moral theories in actual contexts and in light of our actual moral experi- ence.

What are the implications of such a view for women? Traditionally, the experience of women has been located to a large extent in the context of the family. In recent centuries, the family has been thought of as a “private” domain distinct not only from that of the “public” domain of the polis,2 but also from the domain of production and of the marketplace. Women (and men) certainly need to develop moral inquiries appropriate to the context of mothering and of family relations, rather than accepting the application to this context of theories developed for the marketplace or the polis. We can certainly show that the moral guidelines appropriate to mothering are different from those that now seem suitable for various other domains of ac- tivity as presently constituted. But we need to do more as well: we need to consider whether distinctively feminist moral theories, suitable for the con- texts in which the experience of women has or will continue to be located, are better moral theories than those already available, and better for other domains as well. . . .

Mothering and Markets

When we bring women’s experience fully into the domain of moral con- sciousness, we can see how questionable it is to imagine contractual rela- tionships as central or fundamental to society and morality. They seem, in- stead, the relationships of only very particular regions of human activity.

The most central and fundamental social relationship seems to be that between mother or mothering person and child. It is this relationship that creates and recreates society. It is the activity of mothering which transforms biological entities into human social beings. Mothers and mothering per- sons produce children and empower them with language and symbolic rep- resentations. Mothers and mothering persons thus produce and create hu- man culture.

Despite its implausibility, the assumption is often made that human mothering is like the mothering of other animals rather than being distinc- tively human. In accordance with the traditional distinction between the family and the polis, and the assumption that what occurs in the public sphere of the polis is distinctively human, it is assumed that what human mothers do within the family belongs to the “natural” rather than to the “dis- tinctively human” domain. Or, if it is recognized that the activities of human mothers do not resemble the activities of the mothers of other mammals, it

248 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

is assumed that, at least, the difference is far narrower than the difference between what animals do and what humans who take part in government and industry and art do. But, in fact, mothering is among the most human of human activities.

Consider the reality. A human birth is thoroughly different from the birth of other animals, because a human mother can choose not to give birth. However extreme the alternative, even when abortion is not a possi- bility, a woman can choose suicide early enough in her pregnancy to con- sciously prevent the birth. A human mother comprehends that she brings about the birth of another human being. A human mother is then respon- sible, at least in an existentialist sense, for the creation of a new human life. The event is essentially different from what is possible for other animals.

Human mothering is utterly different from the mothering of animals without language. The human mother or nurturing person constructs with and for the child a human social reality. The child’s understanding of lan- guage and of symbols, and of all that they create and make real, occurs in in- teractions between child and caretakers. Nothing seems more distinctively human than this. In comparison, government can be thought to resemble the governing of ant colonies, industrial production to be similar to the building of beaver dams, a market exchange to be like the relation between a large fish that protects and a small fish that grooms, and the conquest by force of arms that characterizes so much of human history to be like the ag- gression of packs of animals. But the imparting of language and the creation within and for each individual of a human social reality, and often a new hu- man social reality, seems utterly human.

An argument is often made that art and industry and government cre- ate new human reality, while mothering merely “reproduces” human be- ings, their cultures, and social structures. But consider a more accurate view: in bringing up children, those who mother create new human persons. They change persons, the culture, and the social structures that depend on them, by creating the kinds of persons who can continue to transform themselves and their surroundings. Creating new and better persons is surely as “cre- ative” as creating new and better objects or institutions. It is not only bodies that do not spring into being unaided and fully formed; neither do imagi- nations, personalities, and minds.

Perhaps morality should make room first for the human experience re- flected in the social bond between mothering person and child, and for the human projects of nurturing and of growth apparent for both persons in the relationship. In comparison, the transactions of the marketplace seem pe- ripheral; the authority of weapons and the laws they uphold, beside the point.

The relation between buyer and seller has often been taken as the model of all human interactions. Most of the social contract tradition has seen this relation of contractual exchange as fundamental to law and politi- cal authority as well as to economic activity. And some contemporary moral

Feminism and Moral Theory (selection): Reading 249

10_bos5511X_Ch08_p225-273.indd 242 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

243Feminism and Moral Theory (selection): ReadingAbel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

and in which our experience is located. Such a division of moral labor can be expected to yield different moral theories for different contexts of hu- man activity, at least for the foreseeable future. In my view, the moral ap- proaches most suitable for the courtroom are not those most suitable for po- litical bargaining; the moral approaches suitable for economic activity are not those suitable for relations within the family, and so on. The task of achieving a unified moral field theory covering all domains is one we may do well to postpone, while we do our best to devise and to “test” various moral theories in actual contexts and in light of our actual moral experi- ence.

What are the implications of such a view for women? Traditionally, the experience of women has been located to a large extent in the context of the family. In recent centuries, the family has been thought of as a “private” domain distinct not only from that of the “public” domain of the polis,2 but also from the domain of production and of the marketplace. Women (and men) certainly need to develop moral inquiries appropriate to the context of mothering and of family relations, rather than accepting the application to this context of theories developed for the marketplace or the polis. We can certainly show that the moral guidelines appropriate to mothering are different from those that now seem suitable for various other domains of ac- tivity as presently constituted. But we need to do more as well: we need to consider whether distinctively feminist moral theories, suitable for the con- texts in which the experience of women has or will continue to be located, are better moral theories than those already available, and better for other domains as well. . . .

Mothering and Markets

When we bring women’s experience fully into the domain of moral con- sciousness, we can see how questionable it is to imagine contractual rela- tionships as central or fundamental to society and morality. They seem, in- stead, the relationships of only very particular regions of human activity.

The most central and fundamental social relationship seems to be that between mother or mothering person and child. It is this relationship that creates and recreates society. It is the activity of mothering which transforms biological entities into human social beings. Mothers and mothering per- sons produce children and empower them with language and symbolic rep- resentations. Mothers and mothering persons thus produce and create hu- man culture.

Despite its implausibility, the assumption is often made that human mothering is like the mothering of other animals rather than being distinc- tively human. In accordance with the traditional distinction between the family and the polis, and the assumption that what occurs in the public sphere of the polis is distinctively human, it is assumed that what human mothers do within the family belongs to the “natural” rather than to the “dis- tinctively human” domain. Or, if it is recognized that the activities of human mothers do not resemble the activities of the mothers of other mammals, it

248 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

is assumed that, at least, the difference is far narrower than the difference between what animals do and what humans who take part in government and industry and art do. But, in fact, mothering is among the most human of human activities.

Consider the reality. A human birth is thoroughly different from the birth of other animals, because a human mother can choose not to give birth. However extreme the alternative, even when abortion is not a possi- bility, a woman can choose suicide early enough in her pregnancy to con- sciously prevent the birth. A human mother comprehends that she brings about the birth of another human being. A human mother is then respon- sible, at least in an existentialist sense, for the creation of a new human life. The event is essentially different from what is possible for other animals.

Human mothering is utterly different from the mothering of animals without language. The human mother or nurturing person constructs with and for the child a human social reality. The child’s understanding of lan- guage and of symbols, and of all that they create and make real, occurs in in- teractions between child and caretakers. Nothing seems more distinctively human than this. In comparison, government can be thought to resemble the governing of ant colonies, industrial production to be similar to the building of beaver dams, a market exchange to be like the relation between a large fish that protects and a small fish that grooms, and the conquest by force of arms that characterizes so much of human history to be like the ag- gression of packs of animals. But the imparting of language and the creation within and for each individual of a human social reality, and often a new hu- man social reality, seems utterly human.

An argument is often made that art and industry and government cre- ate new human reality, while mothering merely “reproduces” human be- ings, their cultures, and social structures. But consider a more accurate view: in bringing up children, those who mother create new human persons. They change persons, the culture, and the social structures that depend on them, by creating the kinds of persons who can continue to transform themselves and their surroundings. Creating new and better persons is surely as “cre- ative” as creating new and better objects or institutions. It is not only bodies that do not spring into being unaided and fully formed; neither do imagi- nations, personalities, and minds.

Perhaps morality should make room first for the human experience re- flected in the social bond between mothering person and child, and for the human projects of nurturing and of growth apparent for both persons in the relationship. In comparison, the transactions of the marketplace seem pe- ripheral; the authority of weapons and the laws they uphold, beside the point.

The relation between buyer and seller has often been taken as the model of all human interactions. Most of the social contract tradition has seen this relation of contractual exchange as fundamental to law and politi- cal authority as well as to economic activity. And some contemporary moral

Feminism and Moral Theory (selection): Reading 249

10_bos5511X_Ch08_p225-273.indd 243 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics244 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

philosophers see the contractual relation as the relation on which even morality itself should be based. The marketplace, as a model for relation- ships, has become so firmly entrenched in our normative theories that it is rarely questioned as a proper foundation for recommendations extending beyond the marketplace. Consequently, much moral thinking is built on the concept of rational economic man. Relationships between human beings are seen as arising, and as justified, when they serve the interests of individ- ual rational contractors.

In the society imagined in the model based on assumptions about ratio- nal economic man, connections between people become no more than in- strumental. Nancy Hartsock effectively characterizes the worldview of these assumptions, and shows how misguided it is to suppose that the relationship between buyer and seller can serve as a model for all human relations: “the paradigmatic connections between people [on this view of the social world] are instrumental or extrinsic and conflictual, and in a world populated by these isolated individuals, relations of competition and domination come to be substitutes for a more substantial and encompassing community.”3

Whether the relationship between nurturing person (who need not be a biological mother) and child should be taken as itself paradigmatic, in place of the contractual paradigm, or whether it should be seen only as an obviously important relationship that does not fit into the contractual framework and should not be overlooked, remains to be seen. It is certainly instructive to consider it, at least tentatively, as paradigmatic. If this were done, the competition and desire for domination thought of as acceptable for rational economic man might appear as a very particular and limited hu- man connection, suitable perhaps, if at all, only for a restricted marketplace. Such a relation of conflict and competition can be seen to be unacceptable for establishing the social trust on which public institutions must rest, or for upholding the bonds on which caring, regard, friendship, or love must be based.

The social map would be fundamentally altered by adoption of the point of view here suggested. Possibly, the relationship between “mother” and child would be recognized as a much more promising source of trust and concern than any other, for reasons to be explored later. In addition, social relations would be seen as dynamic rather than as fixed-point ex- changes. And assumptions that human beings are equally capable of enter- ing or not entering into the contractual relations taken to characterize so- cial relations generally would be seen for the distortions they are. Although human mothers could do other than give birth, their choices to do so or not are usually highly constrained. And children, even human children, cannot choose at all whether to be born.

It may be that no human relationship should be thought of as paradig- matic for all the others. Relations between mothering persons and children can become oppressive for both, and relations between equals who can de- cide whether to enter into agreements may seem attractive in contrast. But

250 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

no mapping of the social and moral landscape can possibly be satisfactory if it does not adequately take into account and provide appropriate guidance for relationships between mothering persons and children.

Between the Self and the Universal

Perhaps the most important legacy of the new insights will be the recogni- tion that more attention must be paid to the domain between the self—the ego, the self-interested individual—on the one hand, and the universal— everyone, others in general—on the other hand. Ethics traditionally has dealt with these poles, trying to reconcile their conflicting claims. It has called for impartiality against the partiality of the egoistic self, or it has de- fended the claims of egoism against such demands for a universal perspec- tive.

In seeing the problems of ethics as problems of reconciling the interests of the self with what would be right or best for everyone, moral theory has neglected the intermediate region of family relations and relations of friendship, and has neglected the sympathy and concern people actually feel for particular others. As Larry Blum has shown, “contemporary moral philosophy in the Anglo-American tradition has paid little attention to [the] morally significant phenomena” of sympathy, compassion, human concern, and friendship.4

Standard moral philosophy has construed personal relationships as as- pects of the self-interested feelings of individuals, as when a person might fa- vor those he loves over those distant because it satisfies his own desires to do so. Or it has let those close others stand in for the universal “other,” as when an analysis might be offered of how the conflict between self and others is to be resolved in something like “enlightened self-interest” or “acting out of respect for the moral law,” and seeing this as what should guide us in our re- lations with those close, particular others with whom we interact. . . .

The region of “particular others” is a distinct domain, where it can be seen that what becomes artificial and problematic are the very “self” and “all others” of standard moral theory. In the domain of particular others, the self is already closely entwined in relations with others, and the relation may be much more real, salient, and important than the interests of any individual self in isolation. But the “others” in the picture are not “all others,” or “every- one,” or what a universal point of view could provide. They are particular flesh and blood others for whom we have actual feelings in our insides and in our skin, not the others of rational constructs and universal principles.

Relationships can be characterized as trusting or mistrustful, mutually considerate or selfish, and so forth. Where trust and consideration are ap- propriate, we can find ways to foster them. But doing so will depend on as- pects of what can be understood only if we look at relations between persons. To focus on either self-interested individuals or the totality of all persons is to miss the qualities of actual relations between actual human beings.

Moral theories must pay attention to the neglected realm of particular others in actual contexts. In doing so, problems of egoism vs. the universal

Feminism and Moral Theory (selection): Reading 251

10_bos5511X_Ch08_p225-273.indd 244 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

245Feminism and Moral Theory (selection): ReadingAbel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

philosophers see the contractual relation as the relation on which even morality itself should be based. The marketplace, as a model for relation- ships, has become so firmly entrenched in our normative theories that it is rarely questioned as a proper foundation for recommendations extending beyond the marketplace. Consequently, much moral thinking is built on the concept of rational economic man. Relationships between human beings are seen as arising, and as justified, when they serve the interests of individ- ual rational contractors.

In the society imagined in the model based on assumptions about ratio- nal economic man, connections between people become no more than in- strumental. Nancy Hartsock effectively characterizes the worldview of these assumptions, and shows how misguided it is to suppose that the relationship between buyer and seller can serve as a model for all human relations: “the paradigmatic connections between people [on this view of the social world] are instrumental or extrinsic and conflictual, and in a world populated by these isolated individuals, relations of competition and domination come to be substitutes for a more substantial and encompassing community.”3

Whether the relationship between nurturing person (who need not be a biological mother) and child should be taken as itself paradigmatic, in place of the contractual paradigm, or whether it should be seen only as an obviously important relationship that does not fit into the contractual framework and should not be overlooked, remains to be seen. It is certainly instructive to consider it, at least tentatively, as paradigmatic. If this were done, the competition and desire for domination thought of as acceptable for rational economic man might appear as a very particular and limited hu- man connection, suitable perhaps, if at all, only for a restricted marketplace. Such a relation of conflict and competition can be seen to be unacceptable for establishing the social trust on which public institutions must rest, or for upholding the bonds on which caring, regard, friendship, or love must be based.

The social map would be fundamentally altered by adoption of the point of view here suggested. Possibly, the relationship between “mother” and child would be recognized as a much more promising source of trust and concern than any other, for reasons to be explored later. In addition, social relations would be seen as dynamic rather than as fixed-point ex- changes. And assumptions that human beings are equally capable of enter- ing or not entering into the contractual relations taken to characterize so- cial relations generally would be seen for the distortions they are. Although human mothers could do other than give birth, their choices to do so or not are usually highly constrained. And children, even human children, cannot choose at all whether to be born.

It may be that no human relationship should be thought of as paradig- matic for all the others. Relations between mothering persons and children can become oppressive for both, and relations between equals who can de- cide whether to enter into agreements may seem attractive in contrast. But

250 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

no mapping of the social and moral landscape can possibly be satisfactory if it does not adequately take into account and provide appropriate guidance for relationships between mothering persons and children.

Between the Self and the Universal

Perhaps the most important legacy of the new insights will be the recogni- tion that more attention must be paid to the domain between the self—the ego, the self-interested individual—on the one hand, and the universal— everyone, others in general—on the other hand. Ethics traditionally has dealt with these poles, trying to reconcile their conflicting claims. It has called for impartiality against the partiality of the egoistic self, or it has de- fended the claims of egoism against such demands for a universal perspec- tive.

In seeing the problems of ethics as problems of reconciling the interests of the self with what would be right or best for everyone, moral theory has neglected the intermediate region of family relations and relations of friendship, and has neglected the sympathy and concern people actually feel for particular others. As Larry Blum has shown, “contemporary moral philosophy in the Anglo-American tradition has paid little attention to [the] morally significant phenomena” of sympathy, compassion, human concern, and friendship.4

Standard moral philosophy has construed personal relationships as as- pects of the self-interested feelings of individuals, as when a person might fa- vor those he loves over those distant because it satisfies his own desires to do so. Or it has let those close others stand in for the universal “other,” as when an analysis might be offered of how the conflict between self and others is to be resolved in something like “enlightened self-interest” or “acting out of respect for the moral law,” and seeing this as what should guide us in our re- lations with those close, particular others with whom we interact. . . .

The region of “particular others” is a distinct domain, where it can be seen that what becomes artificial and problematic are the very “self” and “all others” of standard moral theory. In the domain of particular others, the self is already closely entwined in relations with others, and the relation may be much more real, salient, and important than the interests of any individual self in isolation. But the “others” in the picture are not “all others,” or “every- one,” or what a universal point of view could provide. They are particular flesh and blood others for whom we have actual feelings in our insides and in our skin, not the others of rational constructs and universal principles.

Relationships can be characterized as trusting or mistrustful, mutually considerate or selfish, and so forth. Where trust and consideration are ap- propriate, we can find ways to foster them. But doing so will depend on as- pects of what can be understood only if we look at relations between persons. To focus on either self-interested individuals or the totality of all persons is to miss the qualities of actual relations between actual human beings.

Moral theories must pay attention to the neglected realm of particular others in actual contexts. In doing so, problems of egoism vs. the universal

Feminism and Moral Theory (selection): Reading 251

10_bos5511X_Ch08_p225-273.indd 245 25/07/14 3:07 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics246 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

moral point of view appear very different, and may recede to the region of background insolubility or relative unimportance. The important problems may then be seen to be how we ought to guide or maintain or reshape the relationships, both close and more distant, that we have or might have with actual human beings.

Particular others can, I think, be actual starving children in Africa with whom one feels empathy or even the anticipated children of future genera- tions, not just those we are close to in any traditional context of family, neighbors, or friends. But particular others are still not “all rational beings” or “the greatest number.”

In recognizing the component of feeling and relatedness between self and particular others, motivation is addressed as an inherent part of moral inquiry. Caring between parent and child is a good example. We should not glamorize parental care. Many mothers and fathers dominate their children in harmful or inappropriate ways, or fail to care adequately for them. But when the relationship between “mother” and child is as it should be, the caretaker does not care for the child (nor the child for the caretaker) be- cause of universal moral rules. The love and concern one feels for the child already motivate much of what one does. This is not to say that morality is ir- relevant. One must still decide what one ought to do. But the process of ad- dressing the moral questions in mothering and of trying to arrive at answers one can find acceptable involves motivated acting, not just thinking. And neither egoism nor a morality of universal rules will be of much help. . . .

The feelings characteristic of mothering—that there are too many de- mands on us, that we cannot do everything that we ought to do—are highly instructive. They give rise to problems different from those of universal rule vs. self-interest. They require us to weigh the claims of one self-other rela- tionship against the claims of other self-other relationships, to try to bring about some harmony between them, to see the issues in an actual temporal context, and to act rather than merely reflect.

For instance, we have limited resources for caring. We cannot care for everyone or do everything a caring approach suggests. We need moral guidelines for ordering our priorities. The hunger of our own children comes before the hunger of children we do not know. But the hunger of children in Africa ought to come before some of the expensive amusements we may wish to provide for our own children. These are moral problems call- ing to some extent for principled answers. But we have to figure out what we ought to do when actually buying groceries, cooking meals, refusing the re- quests of our children for the latest toy they have seen advertised, and send- ing money to UNICEF. The context is one of real action, not of ideal thought.

Principles and Particulars

When we take the context of mothering as central, rather than peripheral, for moral theory, we run the risk of excessively discounting other contexts. It is a commendable risk, given the enormously more prevalent one of ex-

252 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

cessively discounting mothering. But I think that the attack on principles has sometimes been carried too far by critics of traditional moral theory.

Noddings, for instance, writes that “To say, ‘It is wrong to cause pain needlessly,’ contributes nothing by way of knowledge and can hardly be thought likely to change the attitude or behavior of one who might ask, ‘Why is it wrong?’ . . . Ethical caring . . . depends not upon rule or principle” but upon the development of a self “in congruence with one’s best remem- brance of caring and being cared-for.”5

We should not forget that an absence of principles can be an invitation to capriciousness. Caring may be a weak defense against arbitrary decisions, and the person cared for may find the relation more satisfactory if both per- sons, but especially the person caring, are guided, to some extent, by prin- ciples concerning obligations and rights. To argue that no two cases are ever alike is to invite moral chaos. Furthermore, for one person to be in a posi- tion of caretaker means that that person has the power to withhold care, to leave the other without it. The person cared for is usually in a position of vul- nerability. The moral significance of this needs to be addressed along with other aspects of the caring relationship. Principles may remind a giver of questions, for instance those of economic justice. Such issues cry out for rel- evant principles. Although caring may be needed to motivate us to act on such principles, the principles are not dispensable. Noddings questions the concern people may have for starving persons in distant countries, because she sees universal love and universal justice as masculine illusions. She re- frains from judging that the rich deserve less or the poor more, because car- ing for individuals cannot yield such judgments. But this may amount to tak- ing a given economic stratification as given, rather than as the appropriate object of critical scrutiny that it should be. It may lead to accepting that the rich will care for the rich and the poor for the poor, with the gap between them, however unjustifiably wide, remaining what it is. Some important moral issues seem beyond the reach of an ethic of caring, once caring leads us, perhaps through empathy, to be concerned with them.

On ethical views that renounce principles as excessively abstract, we might have few arguments to uphold the equality of women. After all, as par- ents can care for children recognized as weaker, less knowledgeable, less ca- pable, and with appropriately restricted rights, so men could care for women deemed inferior in every way. On a view that ethics could satisfacto- rily be founded on caring alone, men could care for women considered un- deserving of equal rights in all the significant areas in which women have been struggling to have their equality recognized. So an ethic of care, es- sential as a component of morality, seems deficient if taken as an exclusive preoccupation.

That aspect of the attack on principles which seems entirely correct is the view that not all ethical problems can be solved by appeal to one or a very few simple principles. It is often argued that all more particular moral rules or principles can be derived from such underlying ones as the categorical

Feminism and Moral Theory (selection): Reading 253

10_bos5511X_Ch08_p225-273.indd 246 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

247Feminism and Moral Theory (selection): ReadingAbel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

moral point of view appear very different, and may recede to the region of background insolubility or relative unimportance. The important problems may then be seen to be how we ought to guide or maintain or reshape the relationships, both close and more distant, that we have or might have with actual human beings.

Particular others can, I think, be actual starving children in Africa with whom one feels empathy or even the anticipated children of future genera- tions, not just those we are close to in any traditional context of family, neighbors, or friends. But particular others are still not “all rational beings” or “the greatest number.”

In recognizing the component of feeling and relatedness between self and particular others, motivation is addressed as an inherent part of moral inquiry. Caring between parent and child is a good example. We should not glamorize parental care. Many mothers and fathers dominate their children in harmful or inappropriate ways, or fail to care adequately for them. But when the relationship between “mother” and child is as it should be, the caretaker does not care for the child (nor the child for the caretaker) be- cause of universal moral rules. The love and concern one feels for the child already motivate much of what one does. This is not to say that morality is ir- relevant. One must still decide what one ought to do. But the process of ad- dressing the moral questions in mothering and of trying to arrive at answers one can find acceptable involves motivated acting, not just thinking. And neither egoism nor a morality of universal rules will be of much help. . . .

The feelings characteristic of mothering—that there are too many de- mands on us, that we cannot do everything that we ought to do—are highly instructive. They give rise to problems different from those of universal rule vs. self-interest. They require us to weigh the claims of one self-other rela- tionship against the claims of other self-other relationships, to try to bring about some harmony between them, to see the issues in an actual temporal context, and to act rather than merely reflect.

For instance, we have limited resources for caring. We cannot care for everyone or do everything a caring approach suggests. We need moral guidelines for ordering our priorities. The hunger of our own children comes before the hunger of children we do not know. But the hunger of children in Africa ought to come before some of the expensive amusements we may wish to provide for our own children. These are moral problems call- ing to some extent for principled answers. But we have to figure out what we ought to do when actually buying groceries, cooking meals, refusing the re- quests of our children for the latest toy they have seen advertised, and send- ing money to UNICEF. The context is one of real action, not of ideal thought.

Principles and Particulars

When we take the context of mothering as central, rather than peripheral, for moral theory, we run the risk of excessively discounting other contexts. It is a commendable risk, given the enormously more prevalent one of ex-

252 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

cessively discounting mothering. But I think that the attack on principles has sometimes been carried too far by critics of traditional moral theory.

Noddings, for instance, writes that “To say, ‘It is wrong to cause pain needlessly,’ contributes nothing by way of knowledge and can hardly be thought likely to change the attitude or behavior of one who might ask, ‘Why is it wrong?’ . . . Ethical caring . . . depends not upon rule or principle” but upon the development of a self “in congruence with one’s best remem- brance of caring and being cared-for.”5

We should not forget that an absence of principles can be an invitation to capriciousness. Caring may be a weak defense against arbitrary decisions, and the person cared for may find the relation more satisfactory if both per- sons, but especially the person caring, are guided, to some extent, by prin- ciples concerning obligations and rights. To argue that no two cases are ever alike is to invite moral chaos. Furthermore, for one person to be in a posi- tion of caretaker means that that person has the power to withhold care, to leave the other without it. The person cared for is usually in a position of vul- nerability. The moral significance of this needs to be addressed along with other aspects of the caring relationship. Principles may remind a giver of questions, for instance those of economic justice. Such issues cry out for rel- evant principles. Although caring may be needed to motivate us to act on such principles, the principles are not dispensable. Noddings questions the concern people may have for starving persons in distant countries, because she sees universal love and universal justice as masculine illusions. She re- frains from judging that the rich deserve less or the poor more, because car- ing for individuals cannot yield such judgments. But this may amount to tak- ing a given economic stratification as given, rather than as the appropriate object of critical scrutiny that it should be. It may lead to accepting that the rich will care for the rich and the poor for the poor, with the gap between them, however unjustifiably wide, remaining what it is. Some important moral issues seem beyond the reach of an ethic of caring, once caring leads us, perhaps through empathy, to be concerned with them.

On ethical views that renounce principles as excessively abstract, we might have few arguments to uphold the equality of women. After all, as par- ents can care for children recognized as weaker, less knowledgeable, less ca- pable, and with appropriately restricted rights, so men could care for women deemed inferior in every way. On a view that ethics could satisfacto- rily be founded on caring alone, men could care for women considered un- deserving of equal rights in all the significant areas in which women have been struggling to have their equality recognized. So an ethic of care, es- sential as a component of morality, seems deficient if taken as an exclusive preoccupation.

That aspect of the attack on principles which seems entirely correct is the view that not all ethical problems can be solved by appeal to one or a very few simple principles. It is often argued that all more particular moral rules or principles can be derived from such underlying ones as the categorical

Feminism and Moral Theory (selection): Reading 253

10_bos5511X_Ch08_p225-273.indd 247 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics248 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

imperative or the principle of utility,6 and that these can be applied to all moral problems. The call for an ethic of care may be a call, which I share, for a more pluralistic view of ethics, recognizing that we need a division of moral labor employing different moral approaches for different domains, at least for the time being. Satisfactory intermediate principles for areas such as those of international affairs, or family relations, cannot be derived from simple universal principles, but must be arrived at in conjunction with ex- perience within the domains in question.

Attention to particular others will always require that we respect the par- ticularity of the context, and arrive at solutions to moral problems that will not give moral principles more weight than their due. But their due may re- main considerable. And we will need principles concerning relationships, not only concerning the actions of individuals, as we will need evaluations of kinds of relationships, not only of the character traits of individuals.

Birth and Valuing

To a large extent, the activity of mothering is potentially open to men as well as to women. Fathers can conceivably come to be as emotionally close, or as close through caretaking, to children as are mothers. The experience of re- latedness, of responsibility for the growth and empowerment of new life, and of responsiveness to particular others, ought to be incorporated into moral theory, and will have to be so incorporated for moral theory to be ad- equate. At present, in this domain, it is primarily the experience of women (and of children) that has not been sufficiently reflected in moral theory and that ought to be so reflected. But this is not to say that it must remain experience available only to women. If men came to share fully and equi- tably in the care of all persons who need care—especially children, the sick, the old—the moral values that now arise for women in the context of caring might arise as fully for men.

There are some experiences, however, that are open only to women: menstruating, having an abortion, giving birth, suckling. We need to con- sider their possible significance or lack of significance for moral experience and theory. I will consider here only one kind of experience not open to men but of obviously great importance to women: the experience of giving birth or of deciding not to. Does the very experience of giving birth, or of deciding not to exercise the capacity to do so, make a significant difference for moral experience and moral theory? I think the answer must be: per- haps.

Of course birthing is a social as well as a personal or biological event. It takes place in a social context structured by attitudes and arrangements that deeply affect how women experience it: whether it will be accepted as “nat- ural,” whether it will be welcomed and celebrated, or whether it will be fraught with fear or shame. But I wish to focus briefly on the conscious awareness women can have of what they are doing in giving birth, and on the specifically personal and biological aspects of human birthing.

254 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

It is women who give birth to other persons. Women are responsible for the existence of new persons in ways far more fundamental than are men. It is not bizarre to recognize that women can, through abortion or suicide, choose not to give birth. A woman can be aware of the possibility that she can act to prevent a new person from existing, and can be aware that if this new person exists, it is because of what she has done and made possible. . . .

Of all the human capacities, it is probably the capacity to create new hu- man beings that is most worth celebrating. We can expect that a woman will care about and feel concern for a child she has created as the child grows and develops, and that she feels responsible for having given the child life. But her concern is more than something to be expected. It is, perhaps, jus- tifiable in certain ways unique to women.

Children are born into actual situations. A mother cannot escape ulti- mate responsibility for having given birth to this particular child in these particular circumstances. She can be aware that she could have avoided in- tercourse, or used more effective contraception, or waited to get pregnant until her circumstances were different; that she could have aborted this child and had another later; or that she could have killed herself and pre- vented this child from facing the suffering or hardship of this particular life. The momentousness of all these decisions about giving or not giving life can hardly fail to affect what she experiences in relation to the child. . . .

Perhaps there is a tendency to want to approve of or to justify what one has decided with respect to giving life. In deciding to give birth, perhaps a woman has a natural tendency to approve of the birth, to believe that the child ought to have been born. Perhaps this inclines her to believe whatever may follow from this: that the child is entitled to care, and that feelings of love for the child are appropriate and justified. The conscious decision to create a new human being may provide women with an inclination to value the child and to have hope for the child’s future. Since, in her view, the child ought to have been born, a woman may feel that the world ought to be hos- pitable to the child. And if the child ought to have been born, the child ought to grow into an admirable human adult. The child’s life has, and should continue to have, value that is recognized.

Consider next the phenomenon of sacrifice. In giving birth, women suf- fer severe pain for the sake of new life. Having suffered for the child in giv- ing the child life, women may have a natural tendency to value what they have endured pain for. There is a tendency, often noted in connection with war, for people to feel that because sacrifices have been made, the sacrifice should have been “worth it,” and if necessary, other things ought to be done so that the sacrifice “shall not have been in vain.” There may be a similar ten- dency for those who have suffered to give birth to assure themselves that the pain was for the good reason of creating a new life that is valuable and that will be valued.

Certainly, this is not to say that there is anything good or noble about suffering, or that merely because people want to believe that what they suf-

Feminism and Moral Theory (selection): Reading 255

10_bos5511X_Ch08_p225-273.indd 248 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

249Feminism and Moral Theory (selection): ReadingAbel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

imperative or the principle of utility,6 and that these can be applied to all moral problems. The call for an ethic of care may be a call, which I share, for a more pluralistic view of ethics, recognizing that we need a division of moral labor employing different moral approaches for different domains, at least for the time being. Satisfactory intermediate principles for areas such as those of international affairs, or family relations, cannot be derived from simple universal principles, but must be arrived at in conjunction with ex- perience within the domains in question.

Attention to particular others will always require that we respect the par- ticularity of the context, and arrive at solutions to moral problems that will not give moral principles more weight than their due. But their due may re- main considerable. And we will need principles concerning relationships, not only concerning the actions of individuals, as we will need evaluations of kinds of relationships, not only of the character traits of individuals.

Birth and Valuing

To a large extent, the activity of mothering is potentially open to men as well as to women. Fathers can conceivably come to be as emotionally close, or as close through caretaking, to children as are mothers. The experience of re- latedness, of responsibility for the growth and empowerment of new life, and of responsiveness to particular others, ought to be incorporated into moral theory, and will have to be so incorporated for moral theory to be ad- equate. At present, in this domain, it is primarily the experience of women (and of children) that has not been sufficiently reflected in moral theory and that ought to be so reflected. But this is not to say that it must remain experience available only to women. If men came to share fully and equi- tably in the care of all persons who need care—especially children, the sick, the old—the moral values that now arise for women in the context of caring might arise as fully for men.

There are some experiences, however, that are open only to women: menstruating, having an abortion, giving birth, suckling. We need to con- sider their possible significance or lack of significance for moral experience and theory. I will consider here only one kind of experience not open to men but of obviously great importance to women: the experience of giving birth or of deciding not to. Does the very experience of giving birth, or of deciding not to exercise the capacity to do so, make a significant difference for moral experience and moral theory? I think the answer must be: per- haps.

Of course birthing is a social as well as a personal or biological event. It takes place in a social context structured by attitudes and arrangements that deeply affect how women experience it: whether it will be accepted as “nat- ural,” whether it will be welcomed and celebrated, or whether it will be fraught with fear or shame. But I wish to focus briefly on the conscious awareness women can have of what they are doing in giving birth, and on the specifically personal and biological aspects of human birthing.

254 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

It is women who give birth to other persons. Women are responsible for the existence of new persons in ways far more fundamental than are men. It is not bizarre to recognize that women can, through abortion or suicide, choose not to give birth. A woman can be aware of the possibility that she can act to prevent a new person from existing, and can be aware that if this new person exists, it is because of what she has done and made possible. . . .

Of all the human capacities, it is probably the capacity to create new hu- man beings that is most worth celebrating. We can expect that a woman will care about and feel concern for a child she has created as the child grows and develops, and that she feels responsible for having given the child life. But her concern is more than something to be expected. It is, perhaps, jus- tifiable in certain ways unique to women.

Children are born into actual situations. A mother cannot escape ulti- mate responsibility for having given birth to this particular child in these particular circumstances. She can be aware that she could have avoided in- tercourse, or used more effective contraception, or waited to get pregnant until her circumstances were different; that she could have aborted this child and had another later; or that she could have killed herself and pre- vented this child from facing the suffering or hardship of this particular life. The momentousness of all these decisions about giving or not giving life can hardly fail to affect what she experiences in relation to the child. . . .

Perhaps there is a tendency to want to approve of or to justify what one has decided with respect to giving life. In deciding to give birth, perhaps a woman has a natural tendency to approve of the birth, to believe that the child ought to have been born. Perhaps this inclines her to believe whatever may follow from this: that the child is entitled to care, and that feelings of love for the child are appropriate and justified. The conscious decision to create a new human being may provide women with an inclination to value the child and to have hope for the child’s future. Since, in her view, the child ought to have been born, a woman may feel that the world ought to be hos- pitable to the child. And if the child ought to have been born, the child ought to grow into an admirable human adult. The child’s life has, and should continue to have, value that is recognized.

Consider next the phenomenon of sacrifice. In giving birth, women suf- fer severe pain for the sake of new life. Having suffered for the child in giv- ing the child life, women may have a natural tendency to value what they have endured pain for. There is a tendency, often noted in connection with war, for people to feel that because sacrifices have been made, the sacrifice should have been “worth it,” and if necessary, other things ought to be done so that the sacrifice “shall not have been in vain.” There may be a similar ten- dency for those who have suffered to give birth to assure themselves that the pain was for the good reason of creating a new life that is valuable and that will be valued.

Certainly, this is not to say that there is anything good or noble about suffering, or that merely because people want to believe that what they suf-

Feminism and Moral Theory (selection): Reading 255

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics250 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

fered for was worthwhile, it was. A vast amount of human suffering has been in vain, and could and should have been avoided. The point is that once suf- fering has already occurred and the “price,” if we resort to such calculations, has already been paid, it will be worse if the result is a further cost, and bet- ter if the result is a clear benefit that can make the price, when it is neces- sary for the result, validly “worth it.”

The suffering of the mother who has given birth will more easily have been worthwhile if the child’s life has value. The chance that the suffering will be outweighed by future happiness is much greater if the child is valued by the society and the family into which the child is born. If the mother’s suf- fering yields nothing but further suffering and a being deemed to be of no value, her suffering may truly have been in vain. Anyone can have reasons to value children. But the person who has already undergone the suffering needed to create one has a special reason to recognize that the child is valu- able and to want the child to be valued so that the suffering she has already borne will have been, truly, worthwhile.

These arguments can be repeated for the burdens of work and anxiety normally expended in bringing up a child. Those who have already borne these burdens have special reasons for wanting to see the grown human be- ing for whom they have cared as valuable and valued. Traditionally, women have not only borne the burdens of childbirth, but, with little help, the much greater burdens of child rearing. Of course, the burdens of child rear- ing could be shared fully by men, as they have been partially shared by women other than natural mothers. Although the concerns involved in bringing up a child may greatly outweigh the suffering of childbirth itself, this does not mean that giving birth is incidental.

The decision not to have children is often influenced by a comparable tendency to value the potential child. Knowing how much care the child would deserve and how highly, as a mother, she would value the child, a woman who gives up the prospect of motherhood can recognize how much she is losing. For such reasons, a woman may feel overwhelming ambiva- lence concerning the choice.

Consider, finally, how biology can affect our ways of valuing children. Although men and women may share a desire or an instinctive tendency to wish to reproduce, and although these feelings may be equally strong for both men and women, such feelings might affect their attitudes toward a given child very differently. In terms of biological capacity, a mother has a relatively greater stake in a child to which she has given birth. This child is about one-twentieth or one twenty-fifth of all the children she could possi- bly have, whereas a man could potentially have hundreds or thousands of other children. In giving birth, a woman has already contributed a large amount of energy and effort toward the production of this particular child, while a man has, biologically, contributed only a few minutes. To the extent that such biological facts may influence attitudes, the attitudes of the mother and father toward the “worth” or “value” of a particular child may

256 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

be different. The father might consider the child more easily replaceable in the sense that the father’s biological contribution can so easily and so pain- lessly be repeated on another occasion or with another woman; for the mother to repeat her biological contribution would be highly exhausting and painful. The mother, having already contributed so much more to the creation of this particular child than the father, might value the result of her effort in proportion. And her pride at what she has accomplished in giving birth can be appropriately that much greater. She has indeed “accom- plished” far more than has the father. . . .

Morality and Human Tendencies

So far, I have been describing possible feelings rather than attaching any moral value to them. That children are valued does not mean that they are valuable, and if mothers have a natural tendency to value their children, it does not follow that they ought to. But if feelings are taken to be relevant to moral theory, the feelings of valuing the child, like the feelings of empathy for other persons in pain, may be of moral significance.

To the extent that a moral theory takes natural male tendencies into ac- count, it would at least be reasonable to take natural female tendencies into account. Traditional moral theories often suppose it is legitimate for indi- viduals to maximize self-interest, or satisfy their preferences, within certain constraints based on the equal rights of others. If it can be shown that the tendency to want to pursue individual self-interest is a stronger tendency among men than among women, this would certainly be relevant to an eval- uation of such theory. And if it could be shown that a tendency to value chil- dren and a desire to foster the developing capabilities of the particular oth- ers for whom we care is a stronger tendency among women than among men, this too would be relevant in evaluating moral theories.

Many moral theories, and fields dependent on them such as economics, employ the assumption that to increase the utility7 of individuals is a good thing to do. But if asked why it is a good thing to increase utility, or satisfy desire, or produce pleasure, or why doing so counts as a good reason for something, it is very difficult to answer. The claim is taken as a kind of start- ing assumption for which no further reason can be given. It seems to rest on a view that people seek pleasure, or that we can recognize pleasure as hav- ing intrinsic value. But if women recognize quite different assumptions as more likely to be valid, that would certainly be of importance to ethics. We might then take it as one of our starting assumptions that creating good re- lations of care and concern and trust between ourselves and our children, and creating social arrangements in which children will be valued and well cared for, are more important than maximizing individual utilities. And the moral theories that might be compatible with such assumptions might be very different from those with which we are familiar.

Feminism and Moral Theory (selection): Reading 257

10_bos5511X_Ch08_p225-273.indd 250 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

251Feminism and Moral Theory (selection): ReadingAbel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

fered for was worthwhile, it was. A vast amount of human suffering has been in vain, and could and should have been avoided. The point is that once suf- fering has already occurred and the “price,” if we resort to such calculations, has already been paid, it will be worse if the result is a further cost, and bet- ter if the result is a clear benefit that can make the price, when it is neces- sary for the result, validly “worth it.”

The suffering of the mother who has given birth will more easily have been worthwhile if the child’s life has value. The chance that the suffering will be outweighed by future happiness is much greater if the child is valued by the society and the family into which the child is born. If the mother’s suf- fering yields nothing but further suffering and a being deemed to be of no value, her suffering may truly have been in vain. Anyone can have reasons to value children. But the person who has already undergone the suffering needed to create one has a special reason to recognize that the child is valu- able and to want the child to be valued so that the suffering she has already borne will have been, truly, worthwhile.

These arguments can be repeated for the burdens of work and anxiety normally expended in bringing up a child. Those who have already borne these burdens have special reasons for wanting to see the grown human be- ing for whom they have cared as valuable and valued. Traditionally, women have not only borne the burdens of childbirth, but, with little help, the much greater burdens of child rearing. Of course, the burdens of child rear- ing could be shared fully by men, as they have been partially shared by women other than natural mothers. Although the concerns involved in bringing up a child may greatly outweigh the suffering of childbirth itself, this does not mean that giving birth is incidental.

The decision not to have children is often influenced by a comparable tendency to value the potential child. Knowing how much care the child would deserve and how highly, as a mother, she would value the child, a woman who gives up the prospect of motherhood can recognize how much she is losing. For such reasons, a woman may feel overwhelming ambiva- lence concerning the choice.

Consider, finally, how biology can affect our ways of valuing children. Although men and women may share a desire or an instinctive tendency to wish to reproduce, and although these feelings may be equally strong for both men and women, such feelings might affect their attitudes toward a given child very differently. In terms of biological capacity, a mother has a relatively greater stake in a child to which she has given birth. This child is about one-twentieth or one twenty-fifth of all the children she could possi- bly have, whereas a man could potentially have hundreds or thousands of other children. In giving birth, a woman has already contributed a large amount of energy and effort toward the production of this particular child, while a man has, biologically, contributed only a few minutes. To the extent that such biological facts may influence attitudes, the attitudes of the mother and father toward the “worth” or “value” of a particular child may

256 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

be different. The father might consider the child more easily replaceable in the sense that the father’s biological contribution can so easily and so pain- lessly be repeated on another occasion or with another woman; for the mother to repeat her biological contribution would be highly exhausting and painful. The mother, having already contributed so much more to the creation of this particular child than the father, might value the result of her effort in proportion. And her pride at what she has accomplished in giving birth can be appropriately that much greater. She has indeed “accom- plished” far more than has the father. . . .

Morality and Human Tendencies

So far, I have been describing possible feelings rather than attaching any moral value to them. That children are valued does not mean that they are valuable, and if mothers have a natural tendency to value their children, it does not follow that they ought to. But if feelings are taken to be relevant to moral theory, the feelings of valuing the child, like the feelings of empathy for other persons in pain, may be of moral significance.

To the extent that a moral theory takes natural male tendencies into ac- count, it would at least be reasonable to take natural female tendencies into account. Traditional moral theories often suppose it is legitimate for indi- viduals to maximize self-interest, or satisfy their preferences, within certain constraints based on the equal rights of others. If it can be shown that the tendency to want to pursue individual self-interest is a stronger tendency among men than among women, this would certainly be relevant to an eval- uation of such theory. And if it could be shown that a tendency to value chil- dren and a desire to foster the developing capabilities of the particular oth- ers for whom we care is a stronger tendency among women than among men, this too would be relevant in evaluating moral theories.

Many moral theories, and fields dependent on them such as economics, employ the assumption that to increase the utility7 of individuals is a good thing to do. But if asked why it is a good thing to increase utility, or satisfy desire, or produce pleasure, or why doing so counts as a good reason for something, it is very difficult to answer. The claim is taken as a kind of start- ing assumption for which no further reason can be given. It seems to rest on a view that people seek pleasure, or that we can recognize pleasure as hav- ing intrinsic value. But if women recognize quite different assumptions as more likely to be valid, that would certainly be of importance to ethics. We might then take it as one of our starting assumptions that creating good re- lations of care and concern and trust between ourselves and our children, and creating social arrangements in which children will be valued and well cared for, are more important than maximizing individual utilities. And the moral theories that might be compatible with such assumptions might be very different from those with which we are familiar.

Feminism and Moral Theory (selection): Reading 257

10_bos5511X_Ch08_p225-273.indd 251 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics252 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

� N O T E S

1. Virginia Held, Rights and Goods: Justifying Social Action (New York: Free Press, 1984). [V.H.]

2. polis: state, political society [D.C.A., ed.] 3. Nancy Hartsock, Money, Sex, and Power (New York: Longman, 1983), p.

39. [V.H.] 4. Lawrence A. Blum, Friendship, Altruism and Morality (London: Routledge

& Kegan Paul, 1980), p. 1. [V.H.] 5. Nell Noddings, Caring: A Feminist Approach to Ethics and Moral Education

(Berkeley: University of California Press, 1984), pp. 91–94. [V.H.] 6. According to the categorical imperative, the personal policy on which our

action is based should be one that we can consistently will that all persons follow; according to the principle of utility, we should act in a way that max- imizes utility (the greatest happiness of the greatest number). [D.C.A.]

7. utility: the experience of happiness or pleasure [D.C.A.]

258 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

Feminism and Moral Theory Virginia Held

Reading Questions

According to Held:

1. In what sense are mothers and mothering persons the creators of human culture?

2. What relationship between human beings has frequently—and mistakenly—been taken as the model for all human interactions?

3. What has caused contemporary ethical theorists to ignore the special moral status of family members and friends, and to neglect the sympathy and concern we feel for “particular others”?

4. Why cannot ethics be founded on caring alone?

5. What significance does the fact that only women can give birth have for moral experience and moral theory?

Discussion Questions

In your own view:

1. Is the relationship between mother (or mothering person) and child the paradigm for all human relationships?

2. Do we have stronger moral obligations toward family members and friends than to other persons? If so, why are these obligations stronger?

3. Can the moral relationship between parent and child be fully explained in terms of rights and duties?

4. Is there one particular concept (for example, contract or care) that explains all our various moral obligations?

5. Should the biological differences between the sexes lead to different moral theories for men and women?

Feminism and Moral Theory (selection): Reading 259

10_bos5511X_Ch08_p225-273.indd 252 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

253Feminism and Moral Theory (selection): ReadingAbel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

� N O T E S

1. Virginia Held, Rights and Goods: Justifying Social Action (New York: Free Press, 1984). [V.H.]

2. polis: state, political society [D.C.A., ed.] 3. Nancy Hartsock, Money, Sex, and Power (New York: Longman, 1983), p.

39. [V.H.] 4. Lawrence A. Blum, Friendship, Altruism and Morality (London: Routledge

& Kegan Paul, 1980), p. 1. [V.H.] 5. Nell Noddings, Caring: A Feminist Approach to Ethics and Moral Education

(Berkeley: University of California Press, 1984), pp. 91–94. [V.H.] 6. According to the categorical imperative, the personal policy on which our

action is based should be one that we can consistently will that all persons follow; according to the principle of utility, we should act in a way that max- imizes utility (the greatest happiness of the greatest number). [D.C.A.]

7. utility: the experience of happiness or pleasure [D.C.A.]

258 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Ethical Theories Virginia Held, ‘‘Feminism and Moral Theory’’ (selection)

© The McGraw−Hill Companies, 2006

Feminism and Moral Theory Virginia Held

Reading Questions

According to Held:

1. In what sense are mothers and mothering persons the creators of human culture?

2. What relationship between human beings has frequently—and mistakenly—been taken as the model for all human interactions?

3. What has caused contemporary ethical theorists to ignore the special moral status of family members and friends, and to neglect the sympathy and concern we feel for “particular others”?

4. Why cannot ethics be founded on caring alone?

5. What significance does the fact that only women can give birth have for moral experience and moral theory?

Discussion Questions

In your own view:

1. Is the relationship between mother (or mothering person) and child the paradigm for all human relationships?

2. Do we have stronger moral obligations toward family members and friends than to other persons? If so, why are these obligations stronger?

3. Can the moral relationship between parent and child be fully explained in terms of rights and duties?

4. Is there one particular concept (for example, contract or care) that explains all our various moral obligations?

5. Should the biological differences between the sexes lead to different moral theories for men and women?

Feminism and Moral Theory (selection): Reading 259

10_bos5511X_Ch08_p225-273.indd 253 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics254 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Simone de Beauvoir was born in Paris in 1908 and educated in Catholic schools and at the Sorbonne. In 1943 she left teaching and founded the controversial magazine Les Temps Moderne with Jean-Paul Sartre. In 1973 she published the classic The Coming of Age, about perceptions of, and behavior toward, aging and the aged. Much earlier in her career, de Beauvoir published The Second Sex (1952), in which she explores the social and cultural determinants of gender roles, particularly in the making of the “second sex.” While much theoretical and empirical groundwork in the sociology of gender roles and feminism has been done since the publication of this work, much of what she wrote over four decades ago still resonates. She describes the complex gender socialization process wherein females encounter a unique conflict between their “autonomous” and “objective” selves and perceive the manifold consequences of gender hierarchies in the process.

The Making of a Woman Simone de Beauvoir

The passivity that is the essential characteristic of the “feminine” woman is a trait that develops in her from the earliest years. But it is wrong to assert that a biological datum is concerned; it is in fact a destiny imposed upon her by her teach- ers and by society. The great advantage enjoyed by the boy is that his mode of existence in rela- tion to others leads him to assert his subjective freedom. His apprenticeship for life consists in free movement toward the outside world; he contends in hardihood and independence with other boys, he scorns girls. Climbing trees, fight- ing with his companions, facing them in rough games, he feels his body as a means for dominat- ing nature and as a weapon for fighting; he takes pride in his muscles as in his sex; in games, sports, fights, challenges, trials of strength, he finds a balanced exercise of his powers; at the same time he absorbs the severe lessons of vio- lence; he learns from an early age to take blows, to scorn pain, to keep back the tears. He under- takes, he invents, he dares. Certainly he tests

himself also as if he were another; he challenges his own manhood, and many problems result in relation to adults and to other children. But what is very important is that there is no fun- damental opposition between his concern for that objective figure which is his, and his will to self-realization in concrete projects. It is by doing that he creates his existence, both in one and the same action.

In woman, on the contrary, there is from the beginning a conflict between her autono- mous existence and her objective self, her “be- ing-the-other”; she is taught that to please she must try to please, she must make herself object; she should therefore renounce her autonomy. She is treated like a live doll and is refused liberty. Thus a vicious circle is formed; for the less she exercises her freedom to understand, to grasp and discover the world about her, the less resources will she find within herself, the less will she dare to affirm herself as subject. If she were encouraged in it, she could display the same lively exuberance, the same curiosity, the same initiative, the same hardihood, as a boy. This does happen occasionally, when the girl is

From The Second Sex by Simone de Beauvoir. Copyright © 1952 and renewed 1980 by Alfred A. Knopf, Inc. Used by permission of Alfred A. Knopf.

Lena Readings in Sociology

Socialization de Beauvoir The Making of a Woman

© McGraw−Hill, Inc., 1995148 An Examined Life Critical Thinking and Ethics

given a boyish bringing up; in this case she is spared many of the problems.1 It is noteworthy that this is the kind of education a father prefers to give his daughter; and women brought up under male guidance very largely escape the defects of femininity. But custom as opposed to treating girls like boys. I have known of little village girls of three or four being compelled by their fathers to wear trousers.2 All the other children teased them: “Are they girls or boys?” —and they proposed to settle the matter by examination. The victims begged to wear dresses. Unless the little girl leads an unusually solitary existence, a boyish way of life, though approved by her parents, will shock her entourage, her friends, her teachers. There will always be aunts, grandmothers, cousins around to counteract the father’s influence. Normally he is given a secondary role with respect to his daughters’ training. One of the curses that weigh heavily upon women—as Michelet has justly pointed out—is to be left in women’s hands during childhood. The boy, too, is brought up at first by his mother, but she respects his maleness and he escapes very soon,3 whereas she fully intends to fit her daughter into the feminine world.

We shall see later how complex the rela- tions of mother to daughter are: the daughter is for the mother at once her double and another person, the mother is at once overweeningly affectionate and hostile toward her daughter; she saddles her child with her own destiny: a way of proudly laying claim to her own femininity and also a way of revenging herself for it. The same process is to be found in pederasts, gam- blers, drug addicts, in all who at once take pride in belonging to a certain confraternity and feel humiliated by the association: they endeavor with eager proselytism to gain new adherents. So, when a child comes under their care, women apply themselves to changing her into a woman like themselves, manifesting a zeal in which arrogance and resentment are mingled; and even a generous mother, who sincerely seeks her child’s welfare, will as a rule think that

it is wiser to make a “true woman” of her, since society will more readily accept her if this is done. She is therefore given little girls for play- mates, she is entrusted to female teachers, she lives among the older women as in the days of the Greek gynaeceum, books and games are chosen for her which initiate her into her des- tined sphere, the treasures of feminine wisdom are poured into her ears, feminine virtues are urged upon her, she is taught cooking, sewing, housekeeping, along with care of her person, charm, and modesty; she is dressed in inconven- ient and frilly clothes of which she has to be careful, her hair is done up in fancy style, she is given rules of deportment: “Stand up straight, don’t walk like a duck”; to develop grace she must repress her spontaneous movements; she is told not to act like a would-be boy, she is forbidden violent exercises, she is not allowed to fight. In brief, she is pressed to become, like her elders, a servant and an idol. Today, thanks to the conquests of feminism, it is becoming more and more normal to encourage the young girl to get an education, to devote herself to sports; but lack of success in these fields is more readily pardoned in her than in a boy; and success is made harder by the demands made upon her for another kind of accomplishment: at any rate she must be also a woman, she must not lose her femininity.

When very young the girl child resigns her- self to all this without too much trouble. The child moves on the play and dream level, playing at being, playing at doing; to do and to be are not clearly distinguished when one is concerned only with imaginary accomplishments. The little girl can compensate for the present superiority of the boys by the promises that are inherent in her womanly destiny and that she already fulfills in play. Because she knows as yet only her child- hood universe, her mother at first seems to her to be endowed with more authority than her father; she imagines the world to be a kind of matriarchate; she imitates her mother and iden- tifies herself with her; frequently she even re-

Lena Readings in Sociology

Socialization de Beauvoir The Making of a Woman

© McGraw−Hill, Inc., 1995The Making of a Woman: Reading 149

10_bos5511X_Ch08_p225-273.indd 254 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

255

Simone de Beauvoir was born in Paris in 1908 and educated in Catholic schools and at the Sorbonne. In 1943 she left teaching and founded the controversial magazine Les Temps Moderne with Jean-Paul Sartre. In 1973 she published the classic The Coming of Age, about perceptions of, and behavior toward, aging and the aged. Much earlier in her career, de Beauvoir published The Second Sex (1952), in which she explores the social and cultural determinants of gender roles, particularly in the making of the “second sex.” While much theoretical and empirical groundwork in the sociology of gender roles and feminism has been done since the publication of this work, much of what she wrote over four decades ago still resonates. She describes the complex gender socialization process wherein females encounter a unique conflict between their “autonomous” and “objective” selves and perceive the manifold consequences of gender hierarchies in the process.

The Making of a Woman Simone de Beauvoir

The passivity that is the essential characteristic of the “feminine” woman is a trait that develops in her from the earliest years. But it is wrong to assert that a biological datum is concerned; it is in fact a destiny imposed upon her by her teach- ers and by society. The great advantage enjoyed by the boy is that his mode of existence in rela- tion to others leads him to assert his subjective freedom. His apprenticeship for life consists in free movement toward the outside world; he contends in hardihood and independence with other boys, he scorns girls. Climbing trees, fight- ing with his companions, facing them in rough games, he feels his body as a means for dominat- ing nature and as a weapon for fighting; he takes pride in his muscles as in his sex; in games, sports, fights, challenges, trials of strength, he finds a balanced exercise of his powers; at the same time he absorbs the severe lessons of vio- lence; he learns from an early age to take blows, to scorn pain, to keep back the tears. He under- takes, he invents, he dares. Certainly he tests

himself also as if he were another; he challenges his own manhood, and many problems result in relation to adults and to other children. But what is very important is that there is no fun- damental opposition between his concern for that objective figure which is his, and his will to self-realization in concrete projects. It is by doing that he creates his existence, both in one and the same action.

In woman, on the contrary, there is from the beginning a conflict between her autono- mous existence and her objective self, her “be- ing-the-other”; she is taught that to please she must try to please, she must make herself object; she should therefore renounce her autonomy. She is treated like a live doll and is refused liberty. Thus a vicious circle is formed; for the less she exercises her freedom to understand, to grasp and discover the world about her, the less resources will she find within herself, the less will she dare to affirm herself as subject. If she were encouraged in it, she could display the same lively exuberance, the same curiosity, the same initiative, the same hardihood, as a boy. This does happen occasionally, when the girl is

From The Second Sex by Simone de Beauvoir. Copyright © 1952 and renewed 1980 by Alfred A. Knopf, Inc. Used by permission of Alfred A. Knopf.

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given a boyish bringing up; in this case she is spared many of the problems.1 It is noteworthy that this is the kind of education a father prefers to give his daughter; and women brought up under male guidance very largely escape the defects of femininity. But custom as opposed to treating girls like boys. I have known of little village girls of three or four being compelled by their fathers to wear trousers.2 All the other children teased them: “Are they girls or boys?” —and they proposed to settle the matter by examination. The victims begged to wear dresses. Unless the little girl leads an unusually solitary existence, a boyish way of life, though approved by her parents, will shock her entourage, her friends, her teachers. There will always be aunts, grandmothers, cousins around to counteract the father’s influence. Normally he is given a secondary role with respect to his daughters’ training. One of the curses that weigh heavily upon women—as Michelet has justly pointed out—is to be left in women’s hands during childhood. The boy, too, is brought up at first by his mother, but she respects his maleness and he escapes very soon,3 whereas she fully intends to fit her daughter into the feminine world.

We shall see later how complex the rela- tions of mother to daughter are: the daughter is for the mother at once her double and another person, the mother is at once overweeningly affectionate and hostile toward her daughter; she saddles her child with her own destiny: a way of proudly laying claim to her own femininity and also a way of revenging herself for it. The same process is to be found in pederasts, gam- blers, drug addicts, in all who at once take pride in belonging to a certain confraternity and feel humiliated by the association: they endeavor with eager proselytism to gain new adherents. So, when a child comes under their care, women apply themselves to changing her into a woman like themselves, manifesting a zeal in which arrogance and resentment are mingled; and even a generous mother, who sincerely seeks her child’s welfare, will as a rule think that

it is wiser to make a “true woman” of her, since society will more readily accept her if this is done. She is therefore given little girls for play- mates, she is entrusted to female teachers, she lives among the older women as in the days of the Greek gynaeceum, books and games are chosen for her which initiate her into her des- tined sphere, the treasures of feminine wisdom are poured into her ears, feminine virtues are urged upon her, she is taught cooking, sewing, housekeeping, along with care of her person, charm, and modesty; she is dressed in inconven- ient and frilly clothes of which she has to be careful, her hair is done up in fancy style, she is given rules of deportment: “Stand up straight, don’t walk like a duck”; to develop grace she must repress her spontaneous movements; she is told not to act like a would-be boy, she is forbidden violent exercises, she is not allowed to fight. In brief, she is pressed to become, like her elders, a servant and an idol. Today, thanks to the conquests of feminism, it is becoming more and more normal to encourage the young girl to get an education, to devote herself to sports; but lack of success in these fields is more readily pardoned in her than in a boy; and success is made harder by the demands made upon her for another kind of accomplishment: at any rate she must be also a woman, she must not lose her femininity.

When very young the girl child resigns her- self to all this without too much trouble. The child moves on the play and dream level, playing at being, playing at doing; to do and to be are not clearly distinguished when one is concerned only with imaginary accomplishments. The little girl can compensate for the present superiority of the boys by the promises that are inherent in her womanly destiny and that she already fulfills in play. Because she knows as yet only her child- hood universe, her mother at first seems to her to be endowed with more authority than her father; she imagines the world to be a kind of matriarchate; she imitates her mother and iden- tifies herself with her; frequently she even re-

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verses their respective roles: “When I am big and you are little . . . ” she likes to say to her mother. The doll is not only her double; it is also her child. These two functions do not exclude each other, inasmuch as the real child is also an alter ego for the mother. When she scolds, punishes, and then consoles her doll, she is at once vindi- cating herself as against her mother and assum- ing, herself, the dignity of a mother: she com- bines in herself the two elements of the mother-daughter pair. She confides in her doll, she brings it up, exercises upon it her sovereign authority, sometimes even tears off its arms, beats it, tortures it. Which is to say she experi- ences subjective affirmation and identification through the doll. The child plays with her mother at being father and mother of the doll, making a couple that excludes the man. Here again there is no “maternal instinct,” innate and mysterious. The little girl ascertains that the care of children falls upon the mother, she is so taught; stories heard, books read, all her little ex- periences confirm the idea. She is encouraged to feel the enchantment of these future riches, she is given dolls so that these values may hence- forth have a tangible aspect. Her “vocation” is powerfully impressed upon her. . . .

In addition to this hope which playing with dolls makes concrete, family life provides the little girl with other possibilities for self-expres- sion. A large part of the housework is within the capability of a very young child; the boy is com- monly excused, but his sister is allowed, even asked, to sweep, dust, peel vegetables, wash the baby, watch the soup kettle. In particular, the eldest sister is often concerned in this way with motherly tasks; whether for convenience or be- cause of hostility and sadism, the mother thus rids herself of many of her functions; the girl is in this manner made to fit precociously into the universe of serious affairs; her sense of impor- tance will help her in assuming her femininity. But she is deprived of happy freedom, the care- free aspect of childhood; having become preco- ciously a woman, she learns all too soon the

limitations this estate imposes upon a human being; she reaches adolescence as an adult, which gives her history a special character. A child overburdened with work may well become prematurely a slave, doomed to a joyless exist- ence. But if no more than an effort suited to her powers is asked of her, she is proud to feel herself as capable as a grown-up and she enjoys sharing responsibility with adults. This equal sharing is possible because it is not a far cry from child to housekeeper. A man expert in his trade is separated from the stage of childhood by his years of apprenticeship. Thus the little boy finds his father’s activities quite mysterious, and the man he is to become is hardly sketched out in him at all. On the contrary, the mother’s activi- ties are quite accessible to the girl; “she is al- ready a little woman,” as her parents say; and it is sometimes held that she is more precocious than the boy. In truth, if she is nearer to the adult stage it is because this stage in most women remains traditionally more or less infan- tile. The fact is that the girl is conscious of her precocity, that she takes pride in playing the little mother toward the younger children; she is glad to become important, she talks sensibly, she gives orders, she assumes airs of superiority over her brothers of infantile rank, she con- verses on a footing of equality with her mother.

In spite of all these compensations, she does not accept without regret the fate assigned to her; as she grows, she envies the boys their vigor. Parents and grandparents may poorly conceal the fact that they would have preferred male offspring to female; or they may show more affection for the brother than the sister. Investigations make it clear that the majority of parents would rather have sons than daughters. Boys are spoken to with greater seriousness and esteem, they are granted more rights; they themselves treat girls scornfully; they play by themselves, not admitting girls to their group, they offer insults: for one thing, calling girls “prissy” or the like and thus recalling the little girls’ secret humiliation. In France, in mixed

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schools, the boys’ caste deliberately oppresses and persecutes the girls’ caste.

If the girls want to struggle with the boys and fight for their rights, they are reprimanded. They are doubly envious of the activities pecu- liar to the boys: first, because they have a spon- taneous desire to display their power over the world, and, second, because they are in protest against the inferior status to which they are con- demned. For one thing, they suffer under the rule forbidding them to climb trees and ladders or on roofs. Adler remarks that the notions of high and low have great importance, the idea of elevation in space implying a spiritual supe- riority, as may be seen in various heroic myths; to attain a summit, a peak, is to stand out be- yond the common world of fact as sovereign subject (ego); among boys, climbing is fre- quently a basis for challenge. The little girl, to whom such exploits are forbidden and who, seated at the foot of a tree or cliff, sees the triumphant boys high above her, must feel she is, body and soul, their inferior. And it is the same if she is left behind in a race or jumping match, if she is thrown down in a scuffle or simply kept on the side lines.

As she becomes more mature, her universe enlarges, and masculine superiority is perceived still more clearly. Very often identification with the mother no longer seems to be a satisfying solution; if the little girl at first accepts her femi- nine vocation, it is not because she intends to abdicate; it is, on the contrary, in order to rule; she wants to be a matron because the matrons’ group seems privileged; but when her company, her studies, her games, her reading, take her out of the maternal circle, she sees that it is not the women but the men who control the world. It is this revelation—much more than the dis- covery of the penis—that irresistibly alters her conception of herself.

The relative rank, the hierarchy, of the sexes is first brought to her attention in family life; lit- tle by little she realizes that if the father’s author- ity is not that which is most often felt in daily af-

fairs, it is actually supreme; it only takes on more dignity from not being degraded to daily use; and even if it is in fact the mother who rules as mistress of the household, she is commonly clever enough to see to it that the father’s wishes come first; in important matters the mother de- mands, rewards, and punishes in his name and through his authority. The life of the father has a mysterious prestige: the hours he spends at home, the room where he works, the objects he has around him, his pursuits, his hobbies, have a sacred character. He supports the family, and he is the responsible head of the family. As a rule his work takes him outside, and so it is through him that the family communicates with the rest of the world: he incarnates that immense, diffi- cult, and marvelous world of adventure; he per- sonifies transcendence, he is God.4 This is what the child feels physically in the powerful arms that lift her up, in the strength of his frame against which she nestles. Through him the mother is dethroned as once was Isis by Ra, and the Earth by the Sun.

But here the child’s situation is profoundly altered: she was to become one day a woman like her all-powerful mother—she will never be the sovereign father; the bond attaching her to her mother was an active emulation—from her father she can but passively await an expression of approval. The boy thinks of his father’s supe- riority with a feeling of rivalry; but the girl has to accept it with impotent admiration. I have al- ready pointed out that what Freud calls the Elec- tra complex is not, as he supposes, a sexual desire; it is a full abdication of the subject, con- senting to become object in submission and adoration. If her father shows affection for his daughter, she feels that her existence is magnifi- cently justified; she is endowed with all the mer- its that others have to acquire with difficulty; she is fulfilled and deified. All her life she may long- ingly seek that lost state of plenitude and peace. If the father’s love is withheld, she may ever after feel herself guilty and condemned; or she may look elsewhere for a valuation of herself

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257

verses their respective roles: “When I am big and you are little . . . ” she likes to say to her mother. The doll is not only her double; it is also her child. These two functions do not exclude each other, inasmuch as the real child is also an alter ego for the mother. When she scolds, punishes, and then consoles her doll, she is at once vindi- cating herself as against her mother and assum- ing, herself, the dignity of a mother: she com- bines in herself the two elements of the mother-daughter pair. She confides in her doll, she brings it up, exercises upon it her sovereign authority, sometimes even tears off its arms, beats it, tortures it. Which is to say she experi- ences subjective affirmation and identification through the doll. The child plays with her mother at being father and mother of the doll, making a couple that excludes the man. Here again there is no “maternal instinct,” innate and mysterious. The little girl ascertains that the care of children falls upon the mother, she is so taught; stories heard, books read, all her little ex- periences confirm the idea. She is encouraged to feel the enchantment of these future riches, she is given dolls so that these values may hence- forth have a tangible aspect. Her “vocation” is powerfully impressed upon her. . . .

In addition to this hope which playing with dolls makes concrete, family life provides the little girl with other possibilities for self-expres- sion. A large part of the housework is within the capability of a very young child; the boy is com- monly excused, but his sister is allowed, even asked, to sweep, dust, peel vegetables, wash the baby, watch the soup kettle. In particular, the eldest sister is often concerned in this way with motherly tasks; whether for convenience or be- cause of hostility and sadism, the mother thus rids herself of many of her functions; the girl is in this manner made to fit precociously into the universe of serious affairs; her sense of impor- tance will help her in assuming her femininity. But she is deprived of happy freedom, the care- free aspect of childhood; having become preco- ciously a woman, she learns all too soon the

limitations this estate imposes upon a human being; she reaches adolescence as an adult, which gives her history a special character. A child overburdened with work may well become prematurely a slave, doomed to a joyless exist- ence. But if no more than an effort suited to her powers is asked of her, she is proud to feel herself as capable as a grown-up and she enjoys sharing responsibility with adults. This equal sharing is possible because it is not a far cry from child to housekeeper. A man expert in his trade is separated from the stage of childhood by his years of apprenticeship. Thus the little boy finds his father’s activities quite mysterious, and the man he is to become is hardly sketched out in him at all. On the contrary, the mother’s activi- ties are quite accessible to the girl; “she is al- ready a little woman,” as her parents say; and it is sometimes held that she is more precocious than the boy. In truth, if she is nearer to the adult stage it is because this stage in most women remains traditionally more or less infan- tile. The fact is that the girl is conscious of her precocity, that she takes pride in playing the little mother toward the younger children; she is glad to become important, she talks sensibly, she gives orders, she assumes airs of superiority over her brothers of infantile rank, she con- verses on a footing of equality with her mother.

In spite of all these compensations, she does not accept without regret the fate assigned to her; as she grows, she envies the boys their vigor. Parents and grandparents may poorly conceal the fact that they would have preferred male offspring to female; or they may show more affection for the brother than the sister. Investigations make it clear that the majority of parents would rather have sons than daughters. Boys are spoken to with greater seriousness and esteem, they are granted more rights; they themselves treat girls scornfully; they play by themselves, not admitting girls to their group, they offer insults: for one thing, calling girls “prissy” or the like and thus recalling the little girls’ secret humiliation. In France, in mixed

Lena Readings in Sociology

Socialization de Beauvoir The Making of a Woman

© McGraw−Hill, Inc., 1995150 An Examined Life Critical Thinking and Ethics The Making of a Woman: Reading

schools, the boys’ caste deliberately oppresses and persecutes the girls’ caste.

If the girls want to struggle with the boys and fight for their rights, they are reprimanded. They are doubly envious of the activities pecu- liar to the boys: first, because they have a spon- taneous desire to display their power over the world, and, second, because they are in protest against the inferior status to which they are con- demned. For one thing, they suffer under the rule forbidding them to climb trees and ladders or on roofs. Adler remarks that the notions of high and low have great importance, the idea of elevation in space implying a spiritual supe- riority, as may be seen in various heroic myths; to attain a summit, a peak, is to stand out be- yond the common world of fact as sovereign subject (ego); among boys, climbing is fre- quently a basis for challenge. The little girl, to whom such exploits are forbidden and who, seated at the foot of a tree or cliff, sees the triumphant boys high above her, must feel she is, body and soul, their inferior. And it is the same if she is left behind in a race or jumping match, if she is thrown down in a scuffle or simply kept on the side lines.

As she becomes more mature, her universe enlarges, and masculine superiority is perceived still more clearly. Very often identification with the mother no longer seems to be a satisfying solution; if the little girl at first accepts her femi- nine vocation, it is not because she intends to abdicate; it is, on the contrary, in order to rule; she wants to be a matron because the matrons’ group seems privileged; but when her company, her studies, her games, her reading, take her out of the maternal circle, she sees that it is not the women but the men who control the world. It is this revelation—much more than the dis- covery of the penis—that irresistibly alters her conception of herself.

The relative rank, the hierarchy, of the sexes is first brought to her attention in family life; lit- tle by little she realizes that if the father’s author- ity is not that which is most often felt in daily af-

fairs, it is actually supreme; it only takes on more dignity from not being degraded to daily use; and even if it is in fact the mother who rules as mistress of the household, she is commonly clever enough to see to it that the father’s wishes come first; in important matters the mother de- mands, rewards, and punishes in his name and through his authority. The life of the father has a mysterious prestige: the hours he spends at home, the room where he works, the objects he has around him, his pursuits, his hobbies, have a sacred character. He supports the family, and he is the responsible head of the family. As a rule his work takes him outside, and so it is through him that the family communicates with the rest of the world: he incarnates that immense, diffi- cult, and marvelous world of adventure; he per- sonifies transcendence, he is God.4 This is what the child feels physically in the powerful arms that lift her up, in the strength of his frame against which she nestles. Through him the mother is dethroned as once was Isis by Ra, and the Earth by the Sun.

But here the child’s situation is profoundly altered: she was to become one day a woman like her all-powerful mother—she will never be the sovereign father; the bond attaching her to her mother was an active emulation—from her father she can but passively await an expression of approval. The boy thinks of his father’s supe- riority with a feeling of rivalry; but the girl has to accept it with impotent admiration. I have al- ready pointed out that what Freud calls the Elec- tra complex is not, as he supposes, a sexual desire; it is a full abdication of the subject, con- senting to become object in submission and adoration. If her father shows affection for his daughter, she feels that her existence is magnifi- cently justified; she is endowed with all the mer- its that others have to acquire with difficulty; she is fulfilled and deified. All her life she may long- ingly seek that lost state of plenitude and peace. If the father’s love is withheld, she may ever after feel herself guilty and condemned; or she may look elsewhere for a valuation of herself

Lena Readings in Sociology

Socialization de Beauvoir The Making of a Woman

© McGraw−Hill, Inc., 1995The Making of a Woman: Reading 151

10_bos5511X_Ch08_p225-273.indd 257 25/07/14 3:08 pm

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and become indifferent to her father or even hostile. Moreover, it is not alone the father who holds the keys to the world: men in general share normally in the prestige of manhood; there is no occasion for regarding them as “fa- ther substitutes.” It is directly, as men, that grandfathers, older brothers, uncles, playmates’ fathers, family friends, teachers, priests, doctors, fascinate the little girl. The emotional concern shown by adult women toward Man would of itself suffice to perch him on a pedestal.5

Everything helps to confirm this hierarchy in the eyes of the little girl. The historical and lit- erary culture to which she belongs, the songs and legends with which she is lulled to sleep, are one long exaltation of man. It was men who built up Greece, the Roman Empire, France, and all other nations, who have explored the world and invented the tools for its exploitation, who have governed it, who have filled it with sculptures, paintings, works of literature. Children’s books, mythology, stories, tales, all reflect the myths born of the pride and the desires of men; thus it is that through the eyes of men the little girl dis- covers the world and reads therein her destiny.

The superiority of the male is, indeed, over- whelming: Perseus, Hercules, David, Achilles, Lancelot, the old French warriors Du Guesclin and Bayard, Napoleon—so many men for one Joan of Arc; and behind her one descries the great male figure of the archangel Michael! Nothing could be more tiresome than the biog- raphies of famous women: they are but pallid figures compared with great men; and most of them bask in the glory of some masculine hero. Eve was not created for her own sake but as a companion for Adam, and she was made from his rib. There are few women in the Bible of really high renown: Ruth did no more than find herself a husband. Esther obtained favor for the Jews by kneeling before Ahasuerus, but she was only a docile tool in the hands of Mordecai; Judith was more audacious, but she was subser- vient to the priests, and her exploit, of dubious aftertaste, is by no means to be compared with

the clean, brilliant triumph of young David. The goddesses of pagan mythology are frivolous or capricious, and they all tremble before Jupiter. While Prometheus magnificently steals fire from the sun, Pandora opens her box of evils upon the world.

There are in legend and story, to be sure, witches and hags who wield fearful powers. Among others, the figure of the Mother on the Winds in Andersen’s Garden of Paradise recalls the primitive Great Goddess: her four gigantic sons obey her in fear and trembling, she beats them and shuts them up in sacks when they mis- behave. But these are not attractive personages. More pleasing are the fairies, sirens, and un- dines, and these are outside male domination; but their existence is dubious, hardly individual- ized; they intervene in human affairs but have no destiny of their own: from the day when An- dersen’s little siren becomes a woman, she knows the yoke of love, and suffering becomes her lot. . . .

1. At least during early childhood. Under pres- ent social conditions, the conflicts of adoles- cence, on the contrary, may well be exagger- ated.

2. Quite in accordance with current American fashion!–Tr.

3. There are of course many exceptions; but we cannot undertake here to study the part played by the mother in the boy’s develop- ment.

4. “His generous presence inspired great love and extreme fear in me,” says Mme de Noailles in speaking of her father. “At first he astounded me. The first man astounds a little girl. I felt strongly that everything depended upon him.”

5. It is noteworthy that the worship of the father is to be met with especially in the eldest of the children, and indeed a man is more in-

E N D N O T E S

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terested in his first paternity than in later ones; he often consoles his daughter, as he consoles his son, when their mother is mo- nopolized by newcomers, and she is likely to become ardently attached to him. On the contrary, a younger sister never can have her father all to herself, without sharing him; she is commonly jealous at once of him and of her elder sister; she attaches herself to that same elder sister whom the father’s favor invests with high prestige, or she turns to her mother, or she revolts against the family and looks for help outside. In many families the youngest daughter gains a privileged posi- tion in some other way. Many things, of course, can motivate special preferences in the father. But almost all the cases I know of confirm this observation on the different at- titudes of the older and younger sisters.

1. How does de Beauvoir differentiate the socialization experiences of males and females?

2. According to de Beauvoir, what role do mothers play in gender socialization of their daughters?

3. What evidence do you see for changing pat- terns of female socialization and gender hi- erarchies since the 1950s?

4. How would de Beauvoir counter the biol- ogical argument that there really may be physiological differences between men and women in such areas as aggressiveness or mathematical ability?

5. How do your own socialization experi- ences square with those described by de Beauvoir?

Q U E S T I O N S

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259

and become indifferent to her father or even hostile. Moreover, it is not alone the father who holds the keys to the world: men in general share normally in the prestige of manhood; there is no occasion for regarding them as “fa- ther substitutes.” It is directly, as men, that grandfathers, older brothers, uncles, playmates’ fathers, family friends, teachers, priests, doctors, fascinate the little girl. The emotional concern shown by adult women toward Man would of itself suffice to perch him on a pedestal.5

Everything helps to confirm this hierarchy in the eyes of the little girl. The historical and lit- erary culture to which she belongs, the songs and legends with which she is lulled to sleep, are one long exaltation of man. It was men who built up Greece, the Roman Empire, France, and all other nations, who have explored the world and invented the tools for its exploitation, who have governed it, who have filled it with sculptures, paintings, works of literature. Children’s books, mythology, stories, tales, all reflect the myths born of the pride and the desires of men; thus it is that through the eyes of men the little girl dis- covers the world and reads therein her destiny.

The superiority of the male is, indeed, over- whelming: Perseus, Hercules, David, Achilles, Lancelot, the old French warriors Du Guesclin and Bayard, Napoleon—so many men for one Joan of Arc; and behind her one descries the great male figure of the archangel Michael! Nothing could be more tiresome than the biog- raphies of famous women: they are but pallid figures compared with great men; and most of them bask in the glory of some masculine hero. Eve was not created for her own sake but as a companion for Adam, and she was made from his rib. There are few women in the Bible of really high renown: Ruth did no more than find herself a husband. Esther obtained favor for the Jews by kneeling before Ahasuerus, but she was only a docile tool in the hands of Mordecai; Judith was more audacious, but she was subser- vient to the priests, and her exploit, of dubious aftertaste, is by no means to be compared with

the clean, brilliant triumph of young David. The goddesses of pagan mythology are frivolous or capricious, and they all tremble before Jupiter. While Prometheus magnificently steals fire from the sun, Pandora opens her box of evils upon the world.

There are in legend and story, to be sure, witches and hags who wield fearful powers. Among others, the figure of the Mother on the Winds in Andersen’s Garden of Paradise recalls the primitive Great Goddess: her four gigantic sons obey her in fear and trembling, she beats them and shuts them up in sacks when they mis- behave. But these are not attractive personages. More pleasing are the fairies, sirens, and un- dines, and these are outside male domination; but their existence is dubious, hardly individual- ized; they intervene in human affairs but have no destiny of their own: from the day when An- dersen’s little siren becomes a woman, she knows the yoke of love, and suffering becomes her lot. . . .

1. At least during early childhood. Under pres- ent social conditions, the conflicts of adoles- cence, on the contrary, may well be exagger- ated.

2. Quite in accordance with current American fashion!–Tr.

3. There are of course many exceptions; but we cannot undertake here to study the part played by the mother in the boy’s develop- ment.

4. “His generous presence inspired great love and extreme fear in me,” says Mme de Noailles in speaking of her father. “At first he astounded me. The first man astounds a little girl. I felt strongly that everything depended upon him.”

5. It is noteworthy that the worship of the father is to be met with especially in the eldest of the children, and indeed a man is more in-

E N D N O T E S

Lena Readings in Sociology

Socialization de Beauvoir The Making of a Woman

© McGraw−Hill, Inc., 1995152 An Examined Life Critical Thinking and Ethics The Making of a Woman: Reading

terested in his first paternity than in later ones; he often consoles his daughter, as he consoles his son, when their mother is mo- nopolized by newcomers, and she is likely to become ardently attached to him. On the contrary, a younger sister never can have her father all to herself, without sharing him; she is commonly jealous at once of him and of her elder sister; she attaches herself to that same elder sister whom the father’s favor invests with high prestige, or she turns to her mother, or she revolts against the family and looks for help outside. In many families the youngest daughter gains a privileged posi- tion in some other way. Many things, of course, can motivate special preferences in the father. But almost all the cases I know of confirm this observation on the different at- titudes of the older and younger sisters.

1. How does de Beauvoir differentiate the socialization experiences of males and females?

2. According to de Beauvoir, what role do mothers play in gender socialization of their daughters?

3. What evidence do you see for changing pat- terns of female socialization and gender hi- erarchies since the 1950s?

4. How would de Beauvoir counter the biol- ogical argument that there really may be physiological differences between men and women in such areas as aggressiveness or mathematical ability?

5. How do your own socialization experi- ences square with those described by de Beauvoir?

Q U E S T I O N S

Lena Readings in Sociology

Socialization de Beauvoir The Making of a Woman

© McGraw−Hill, Inc., 1995The Making of a Woman: Reading 153

“One is not born, but rather becomes, a woman.” Simone de Beauvoir

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics260 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

What Do Women Want in a Moral Theory?

Annette C. Baier

Annette C. Baier was born in 1929 in Queenstown, New Zealand. She attended Otago University in New Zealand, where she received her bachelor’s degree in 1951 and her master’s degree the following year. She then attended Oxford University, receiving a bachelor of philosophy degree in 1954. Baier taught at the University of Aberdeen in Scotland for a year and then returned to New Zealand, where she taught at the University of Auckland for two years. In 1963 she accepted a position in the United States, at Carnegie-Mellon University in Pittsburgh. Ten years later she joined the faculty at the University of Pittsburgh, where she currently holds the position of Distinguished Service Professor. Baier serves on the editorial board of a number of philosophical journals and is a reader for several university presses. She has published many articles on the philosophy of mind, ethics, and the history of philosophy, some of which are collected in Postures of the Mind (1985). Baier is also the author of Sentiments: Reflections on Hume’s Treatise (1991).

Our reading is from Baier’s 1985 article, “What Do Women Want in a Moral Theory?” Baier begins with a reference to Carol Gilligan’s book In a Different Voice, published in 1982. Gilligan, a developmental psychologist at Harvard, points out that previous theories of human moral development are based mostly on studies of male subjects. Gilligan’s research with female subjects, however, revealed patterns of moral thinking different from those in males. Women do not have the same moral attitudes as men; they speak “in a different voice.” While males emphasize rules, obligation, justice, rights, and universality, females stress love, caring, cooperation, personal relationships, and the uniqueness of the situation. If Gilligan is right and women do have a substantially different moral vision than men, Baier asks, then what sort of moral theories would women produce?

Baier briefly surveys recent writings of moral philosophers who are women. She finds these authors discussing topics such as love, mercy, honesty, relationships, the mistreatment of animals, and the destruction of the environment. But she finds none of them proposing a general moral theory. Baier states that the various points made by women moral philosophers could probably be unified into a single theory that has love as its fundamental principle. An ethic of love would qualify as a moral theory, but it would probably give too little scope to the moral principle that is central to the moral theories proposed by men: obligation. Baier asks whether there might be some higher concept that could include both love and obligation, providing a moral theory that embraces both feminine and masculine moral insights. She suggests that the concept of trust could serve this function. For, on the one hand, love requires that one trust others and be trustworthy; on the other hand, obligation involves entrusting others with the power to instill obligations, to require their fulfillment, and to impose sanctions if they go unfulfilled. The main question to be addressed by an ethic of trust would be: “Who should trust whom with what, and why?”

When I finished reading Carol Gilligan’s In a Different Voice,1 I asked myself the obvious question for a philosopher reader, namely what differences

From Annette Baier, “What Do Women Want in a Moral Theory?” Nous, vol. 19, March, 1985, pp.43–63. © 1985. Used by permission of Blackwell Publishers and the author.

What Do Women Want in a Moral Theory? (selection): Reading 381 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

one should expect in the moral philosophy done by women, supposing Gilligan’s sample of women representative, and supposing her analysis of their moral attitudes and moral development to be correct. Should one ex- pect them to want to produce moral theories, and if so, what sort of moral theories? How will any moral theories they produce differ from those pro- duced by men?

Obviously one does not have to make this an entirely a priori and hypo- thetical question. One can look and see what sort of contributions women have made to moral philosophy. Such a look confirms, I think, Gilligan’s findings. What one finds is a bit different in tone and approach from the standard sort of moral philosophy as done by men following in the foot- steps of the great moral philosophers (all men). Generalizations are ex- tremely rash, but when I think of Philippa Foot’s work on the moral virtues, of Elizabeth Anscombe’s work on intention and on modern moral philosophy, of Iris Murdoch’s philosophical writings, of Ruth Barcan Mar- cus’ work on moral dilemmas, of the work of the radical feminist moral philosophers who are not content with orthodox Marxist lines of thought, of Jenny Teichman’s book on illegitimacy, of Susan Wolf’s recent articles, of Claudia Card’s essay on mercy, Sabina Lovilbond’s recent book, Gabriele Taylor’s work on pride, love and on integrity, Cora Diamond’s and Mary Midgley’s work on our attitude to animals, Sissela Bok’s work on lying and on secrecy, Virginia Held’s work, the work of Alison Jaggar, Marilyn Frye, and many others, I seem to hear a different voice from the standard moral philosophers’ voice. I hear the voice Gilligan heard, made reflective and philosophical. What women want in moral philosophy is what they are pro- viding. And what they are providing seems to me to confirm Gilligan’s the- ses about women. One has to be careful here, of course, for not all impor- tant contributions to moral philosophy by women fall easily into the Gilligan stereotype, nor its philosophical extension. Nor has it been only women who recently have been proclaiming discontent with the standard approach in moral philosophy, and trying new approaches. Michael Stock- er, Alasdair MacIntyre, Ian Hacking when he assesses the game theoretic approach to morality,2 all should be given the status of honorary women, if we accept the hypothesis that there are some moral insights which for whatever reason women seem to attain more easily or more reliably than men do. Still, exceptions confirm the rule, so I shall proceed undaunted by these important exceptions to my generalizations.

If Hacking is right, preoccupation with prisoner’s and prisoners’ dilem- ma is a big boys’ game, and a pretty silly one too. It is, I think, significant that women have not rushed into the field of game-theoretic moral philos- ophy, and that those who have dared enter that male locker room have said distinctive things there. Edna Ullmann-Margalit’s book The Emergence of Norms3 put prisoners’ dilemma in its limited moral place. Supposing that at least part of the explanation for the relatively few women in this field is dis- inclination rather than disability, one might ask if this disinclination also

382 ANALYZING MORAL ISSUES - Vol. 1

10_bos5511X_Ch08_p225-273.indd 260 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

261What Do Women Want in a Moral Theory? (selection): ReadingAbel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

What Do Women Want in a Moral Theory?

Annette C. Baier

Annette C. Baier was born in 1929 in Queenstown, New Zealand. She attended Otago University in New Zealand, where she received her bachelor’s degree in 1951 and her master’s degree the following year. She then attended Oxford University, receiving a bachelor of philosophy degree in 1954. Baier taught at the University of Aberdeen in Scotland for a year and then returned to New Zealand, where she taught at the University of Auckland for two years. In 1963 she accepted a position in the United States, at Carnegie-Mellon University in Pittsburgh. Ten years later she joined the faculty at the University of Pittsburgh, where she currently holds the position of Distinguished Service Professor. Baier serves on the editorial board of a number of philosophical journals and is a reader for several university presses. She has published many articles on the philosophy of mind, ethics, and the history of philosophy, some of which are collected in Postures of the Mind (1985). Baier is also the author of Sentiments: Reflections on Hume’s Treatise (1991).

Our reading is from Baier’s 1985 article, “What Do Women Want in a Moral Theory?” Baier begins with a reference to Carol Gilligan’s book In a Different Voice, published in 1982. Gilligan, a developmental psychologist at Harvard, points out that previous theories of human moral development are based mostly on studies of male subjects. Gilligan’s research with female subjects, however, revealed patterns of moral thinking different from those in males. Women do not have the same moral attitudes as men; they speak “in a different voice.” While males emphasize rules, obligation, justice, rights, and universality, females stress love, caring, cooperation, personal relationships, and the uniqueness of the situation. If Gilligan is right and women do have a substantially different moral vision than men, Baier asks, then what sort of moral theories would women produce?

Baier briefly surveys recent writings of moral philosophers who are women. She finds these authors discussing topics such as love, mercy, honesty, relationships, the mistreatment of animals, and the destruction of the environment. But she finds none of them proposing a general moral theory. Baier states that the various points made by women moral philosophers could probably be unified into a single theory that has love as its fundamental principle. An ethic of love would qualify as a moral theory, but it would probably give too little scope to the moral principle that is central to the moral theories proposed by men: obligation. Baier asks whether there might be some higher concept that could include both love and obligation, providing a moral theory that embraces both feminine and masculine moral insights. She suggests that the concept of trust could serve this function. For, on the one hand, love requires that one trust others and be trustworthy; on the other hand, obligation involves entrusting others with the power to instill obligations, to require their fulfillment, and to impose sanctions if they go unfulfilled. The main question to be addressed by an ethic of trust would be: “Who should trust whom with what, and why?”

When I finished reading Carol Gilligan’s In a Different Voice,1 I asked myself the obvious question for a philosopher reader, namely what differences

From Annette Baier, “What Do Women Want in a Moral Theory?” Nous, vol. 19, March, 1985, pp.43–63. © 1985. Used by permission of Blackwell Publishers and the author.

What Do Women Want in a Moral Theory? (selection): Reading 381 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

one should expect in the moral philosophy done by women, supposing Gilligan’s sample of women representative, and supposing her analysis of their moral attitudes and moral development to be correct. Should one ex- pect them to want to produce moral theories, and if so, what sort of moral theories? How will any moral theories they produce differ from those pro- duced by men?

Obviously one does not have to make this an entirely a priori and hypo- thetical question. One can look and see what sort of contributions women have made to moral philosophy. Such a look confirms, I think, Gilligan’s findings. What one finds is a bit different in tone and approach from the standard sort of moral philosophy as done by men following in the foot- steps of the great moral philosophers (all men). Generalizations are ex- tremely rash, but when I think of Philippa Foot’s work on the moral virtues, of Elizabeth Anscombe’s work on intention and on modern moral philosophy, of Iris Murdoch’s philosophical writings, of Ruth Barcan Mar- cus’ work on moral dilemmas, of the work of the radical feminist moral philosophers who are not content with orthodox Marxist lines of thought, of Jenny Teichman’s book on illegitimacy, of Susan Wolf’s recent articles, of Claudia Card’s essay on mercy, Sabina Lovilbond’s recent book, Gabriele Taylor’s work on pride, love and on integrity, Cora Diamond’s and Mary Midgley’s work on our attitude to animals, Sissela Bok’s work on lying and on secrecy, Virginia Held’s work, the work of Alison Jaggar, Marilyn Frye, and many others, I seem to hear a different voice from the standard moral philosophers’ voice. I hear the voice Gilligan heard, made reflective and philosophical. What women want in moral philosophy is what they are pro- viding. And what they are providing seems to me to confirm Gilligan’s the- ses about women. One has to be careful here, of course, for not all impor- tant contributions to moral philosophy by women fall easily into the Gilligan stereotype, nor its philosophical extension. Nor has it been only women who recently have been proclaiming discontent with the standard approach in moral philosophy, and trying new approaches. Michael Stock- er, Alasdair MacIntyre, Ian Hacking when he assesses the game theoretic approach to morality,2 all should be given the status of honorary women, if we accept the hypothesis that there are some moral insights which for whatever reason women seem to attain more easily or more reliably than men do. Still, exceptions confirm the rule, so I shall proceed undaunted by these important exceptions to my generalizations.

If Hacking is right, preoccupation with prisoner’s and prisoners’ dilem- ma is a big boys’ game, and a pretty silly one too. It is, I think, significant that women have not rushed into the field of game-theoretic moral philos- ophy, and that those who have dared enter that male locker room have said distinctive things there. Edna Ullmann-Margalit’s book The Emergence of Norms3 put prisoners’ dilemma in its limited moral place. Supposing that at least part of the explanation for the relatively few women in this field is dis- inclination rather than disability, one might ask if this disinclination also

382 ANALYZING MORAL ISSUES - Vol. 1

10_bos5511X_Ch08_p225-273.indd 261 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics262 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

extends to a disinclination for the construction of moral theories. For al- though we find out what sort of moral philosophy women want by looking to see what they have provided, if we do that for moral theory, the answer we get seems to be “none.” For none of the contributions to moral philoso- phy by women really count as moral theories, nor are seen as such by their authors.

Is it that reflective women, when they become philosophers, want to do without moral theory, want no part in the construction of such theories? To conclude this at this early stage, when we have only a few generations of women moral philosophers to judge from, would be rash indeed. The term “theory” can be used in wider and narrower ways, and in its widest sense a moral theory is simply an internally consistent fairly comprehensive ac- count of what morality is and when and why it merits our acceptance and support. In that wide sense, a moral theory is something it would take a sceptic, or one who believes that our intellectual vision is necessarily blurred or distorted when we let it try to take in too much, to be an anti- theorist. Even if there were some truth in the latter claim, one might com- patibly with it still hope to build up a coherent total account by a mosaic method, assembling a lot of smaller scale works until one had built up a complete account—say taking the virtues or purported virtues one by one until one had a more or less complete account. But would that sort of com- prehensiveness in one’s moral philosophy entitle one to call the finished work a moral theory? If it does, then many women moral philosophers today can be seen as engaged in moral theory construction. In the weakest sense of “theory,” namely coherent near-comprehensive account, then there are plenty incomplete theories to be found in the works of women moral philosophers. And in that sense of theory, most of what are recog- nized as the current moral theories are also incomplete, since they do not purport to be yet really comprehensive. Wrongs to animals and wrongful destruction of our physical environment are put to one side by Rawls,4 and in most “liberal” theories there are only hand waves concerning our proper attitude to our children, to the ill, to our relatives, friends and lovers.

Is comprehensiveness too much to ask of a moral theory? The para- digm examples of moral theories—those that are called by their authors “moral theories”—are distinguished not by the comprehensiveness of their internally coherent account, but by the sort of coherence which is aimed at over a fairly broad area. Their method is not the mosaic method, but the broad brushstroke method. Moral theories, as we know them, are, to change the art form, vaults rather than walls—they are not built by assem- bling painstakingly-made brick after brick. In this sense of theory, namely, fairly tightly systematic account of a fairly large area of morality, with a key stone supporting all the rest, women moral philosophers have not yet, to my knowledge, produced moral theories, nor claimed that they have.

Leaving to one side the question of what good purpose (other than good clean intellectual fun) is served by such moral theories, and suppos-

What Do Women Want in a Moral Theory? (selection): Reading 383 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

ing for the sake of argument that women can, if they wish, systematize as well as thenext man, and if need be systematize in a mathematical fashion as well as the next mathematically minded moral philosopher, then what key concept, or guiding motif, might hold together the structure of a moral theory hypothetically produced by a reflective woman, Gilligan-style, who has taken up moral theorizing as a calling? What would be a suitable central question, principle, or concept, to structure a moral theory which might accommodate those moral insights women tend to have more readi- ly than men, and to answer those moral questions which, it seems, worry women more than men? I hypothesized that the women’s theory, expres- sive mainly of women’s insights and concerns, would be an ethics of love, and this hypothesis seems to be Gilligan’s too, since she has gone on from In a Different Voice to write about the limitations of Freud’s understanding of love as women know it.5 But presumably women theorists will be like enough to men to want their moral theory to be acceptable to all, so ac- ceptable both to reflective women and to reflective men. Like any good theory, it will need not to ignore the partial truth of previous theories. So it must accommodate both the insights men have more easily than women, and those women have more easily than men. It should swallow up its pre- decessor theories. Women moral theorists, if any, will have this very great advantage over the men whose theories theirs supplant, that they can stand on the shoulders of men moral theorists, as no man has yet been able to stand on the shoulders of any woman moral theorist. There can be ad- vantages, as well as handicaps, in being latecomers. So women theorists will need to connect their ethics of love with what has been the men theorists’ preoccupation, namely obligation.

The great and influential moral theorists have in the modern era taken obligation as the key and the problematic concept, and have asked what jus- tifies treating a person as morally bound or obliged to do a particular thing. Since to be bound is to be unfree, by making obligation central, one at the same time makes central the question of the justification of coer- cion, of forcing or trying to force someone to act in a particular way. The concept of obligation as justified limitation of freedom does just what one wants a good theoretical concept to do—to divide up the field (as one looks at different ways one’s freedom may be limited, freedom in different spheres, different sorts and versions and levels of justification) and at the same time hold the subfields together. There must in a theory be some generalization and some speciation or diversification, and a good rich key concept guides one both in recognizing the diversity and in recognizing the unity in it. The concept of obligation has served this function very well for the area of morality it covers, and so we have some fine theories about that area. But as Aristotelians and Christians, as well as women, know, there is a lot of morality not covered by that concept, a lot of very great impor- tance even for the area where there are obligations.6

384 ANALYZING MORAL ISSUES - Vol. 1

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

263What Do Women Want in a Moral Theory? (selection): ReadingAbel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

extends to a disinclination for the construction of moral theories. For al- though we find out what sort of moral philosophy women want by looking to see what they have provided, if we do that for moral theory, the answer we get seems to be “none.” For none of the contributions to moral philoso- phy by women really count as moral theories, nor are seen as such by their authors.

Is it that reflective women, when they become philosophers, want to do without moral theory, want no part in the construction of such theories? To conclude this at this early stage, when we have only a few generations of women moral philosophers to judge from, would be rash indeed. The term “theory” can be used in wider and narrower ways, and in its widest sense a moral theory is simply an internally consistent fairly comprehensive ac- count of what morality is and when and why it merits our acceptance and support. In that wide sense, a moral theory is something it would take a sceptic, or one who believes that our intellectual vision is necessarily blurred or distorted when we let it try to take in too much, to be an anti- theorist. Even if there were some truth in the latter claim, one might com- patibly with it still hope to build up a coherent total account by a mosaic method, assembling a lot of smaller scale works until one had built up a complete account—say taking the virtues or purported virtues one by one until one had a more or less complete account. But would that sort of com- prehensiveness in one’s moral philosophy entitle one to call the finished work a moral theory? If it does, then many women moral philosophers today can be seen as engaged in moral theory construction. In the weakest sense of “theory,” namely coherent near-comprehensive account, then there are plenty incomplete theories to be found in the works of women moral philosophers. And in that sense of theory, most of what are recog- nized as the current moral theories are also incomplete, since they do not purport to be yet really comprehensive. Wrongs to animals and wrongful destruction of our physical environment are put to one side by Rawls,4 and in most “liberal” theories there are only hand waves concerning our proper attitude to our children, to the ill, to our relatives, friends and lovers.

Is comprehensiveness too much to ask of a moral theory? The para- digm examples of moral theories—those that are called by their authors “moral theories”—are distinguished not by the comprehensiveness of their internally coherent account, but by the sort of coherence which is aimed at over a fairly broad area. Their method is not the mosaic method, but the broad brushstroke method. Moral theories, as we know them, are, to change the art form, vaults rather than walls—they are not built by assem- bling painstakingly-made brick after brick. In this sense of theory, namely, fairly tightly systematic account of a fairly large area of morality, with a key stone supporting all the rest, women moral philosophers have not yet, to my knowledge, produced moral theories, nor claimed that they have.

Leaving to one side the question of what good purpose (other than good clean intellectual fun) is served by such moral theories, and suppos-

What Do Women Want in a Moral Theory? (selection): Reading 383 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

ing for the sake of argument that women can, if they wish, systematize as well as thenext man, and if need be systematize in a mathematical fashion as well as the next mathematically minded moral philosopher, then what key concept, or guiding motif, might hold together the structure of a moral theory hypothetically produced by a reflective woman, Gilligan-style, who has taken up moral theorizing as a calling? What would be a suitable central question, principle, or concept, to structure a moral theory which might accommodate those moral insights women tend to have more readi- ly than men, and to answer those moral questions which, it seems, worry women more than men? I hypothesized that the women’s theory, expres- sive mainly of women’s insights and concerns, would be an ethics of love, and this hypothesis seems to be Gilligan’s too, since she has gone on from In a Different Voice to write about the limitations of Freud’s understanding of love as women know it.5 But presumably women theorists will be like enough to men to want their moral theory to be acceptable to all, so ac- ceptable both to reflective women and to reflective men. Like any good theory, it will need not to ignore the partial truth of previous theories. So it must accommodate both the insights men have more easily than women, and those women have more easily than men. It should swallow up its pre- decessor theories. Women moral theorists, if any, will have this very great advantage over the men whose theories theirs supplant, that they can stand on the shoulders of men moral theorists, as no man has yet been able to stand on the shoulders of any woman moral theorist. There can be ad- vantages, as well as handicaps, in being latecomers. So women theorists will need to connect their ethics of love with what has been the men theorists’ preoccupation, namely obligation.

The great and influential moral theorists have in the modern era taken obligation as the key and the problematic concept, and have asked what jus- tifies treating a person as morally bound or obliged to do a particular thing. Since to be bound is to be unfree, by making obligation central, one at the same time makes central the question of the justification of coer- cion, of forcing or trying to force someone to act in a particular way. The concept of obligation as justified limitation of freedom does just what one wants a good theoretical concept to do—to divide up the field (as one looks at different ways one’s freedom may be limited, freedom in different spheres, different sorts and versions and levels of justification) and at the same time hold the subfields together. There must in a theory be some generalization and some speciation or diversification, and a good rich key concept guides one both in recognizing the diversity and in recognizing the unity in it. The concept of obligation has served this function very well for the area of morality it covers, and so we have some fine theories about that area. But as Aristotelians and Christians, as well as women, know, there is a lot of morality not covered by that concept, a lot of very great impor- tance even for the area where there are obligations.6

384 ANALYZING MORAL ISSUES - Vol. 1

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics264 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

This is fairly easy to see if we look at what lies behind the perceived obligation to keep promises. Unless there is some good moral reason why someone should assume the responsibility of rearing a child to be capable of taking promises seriously, once she understands what a promise is, the obligation to obey promises will not effectively tie her, and any force ap- plied to punish her when she breaks promises or makes fraudulent ones will be of questionable justice. Is there an obligation on someone to make the child into a morally competent promisor? If so, on whom? Who have failed in their obligations when, say, war orphans who grew up without parental love or any other love arrive at legal adulthood very willing to be untrue to their word? Who failed in what obligation in all those less ex- treme cases of attempted but unsuccessful moral education? The parents who didn’t produce promise-keeping offspring? Those who failed to edu- cate the parents in how to educate their children (whoever it might be who might plausibly be thought to have the responsibility for training parents to fulfill their obligations)? The liberal version of our basic moral obliga- tions tends to be fairly silent on who has what obligations to new members of the moral community, and it would throw most theories of the justifica- tion of obligations into some confusion if the obligation to lovingly rear one’s children were added to the list of obligations. Such evidence as we have about the conditions in which children do successfully “learn” the morality of the community of which they are members suggests that we cannot substitute “conscientiously” for “lovingly” in this hypothetical extra needed obligation. But an obligation to love, in the strong sense needed, would be an embarrassment to the theorist, given most accepted versions of “ought implies can.”

It is hard to make fair generalizations here, so I shall content myself with indicating how this charge I am making against the current men’s moral theories, that their version of the justified list of obligations does not ensure the proper care of the young, so does nothing to ensure the stability of the morality in question over several generations, can be made against what I regard as the best of the men’s recent theories, namely John Rawls’ theory of justice. One of the great strengths of Rawls’ theory is the careful attention given to the question of how just institutions produce the condi- tions for their continued support, across generations, and in particular of how the sense of justice will arise in children, once there are minimally just institutions structuring the social world into which they are born. Rawls, more than most moral theorists, has attended to the question of the stabili- ty of his just society, given what we know about child development. But Rawls’ sensitive account of the conditions for the development of that sense of justice needed for the maintenance of his version of a just society takes it for granted that there will be loving parents rearing the children in whom the sense of justice is to develop. “The parents, we may suppose, love the child, and in time the child comes to love and trust the parents.”7 Why

What Do Women Want in a Moral Theory? (selection): Reading 385 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

may we suppose this? Not because compliance with Rawls’ version of our obligations and duties will ensure it. Rawls’ theory, like so many other theo- ries of obligation, in the end must take out a loan not only on the natural duty of parents to care for children (which he will have no trouble includ- ing), but on the natural virtue of parental love (or even a loan on the ma- ternal instinct?). The virtue of being a loving parent must supplement the natural duties and the obligations of justice, if the just society is to last be- yond the first generation. . . .

Granted that the men’s theories of obligation need supplementation, to have much chance of integrity and coherence, and that the women’s hy- pothetical theories will want to cover obligation as well as love, then what concept brings them together? My tentative answer is—the concept of ap- propriate trust, oddly neglected in moral theory. This concept also nicely mediates between reason and feeling, those tired old candidates for moral authority, since to trust is neither quite to believe something about the trusted, nor necessarily to feel any emotion towards them—but to have a belief-informed and action-influencing attitude. To make it plausible that the neglected concept of appropriate trust is a good one for the enlight- ened moral theorist to make central, I need to show, or begin to show, how it could include obligation, indeed shed light on obligations and their justi- fication, as well as include love and the other moral concerns of Gilligan’s women, and many of the topics women moral philosophers have chosen to address, mosaic fashion. I would also need to show that it could connect all of these in a way which holds out promise both of synthesis and of compre- hensive moral coverage. A moral theory which looked at the conditions for proper trust of all the various sorts we show, and at what sorts of reasons justify inviting such trust, giving it, and meeting it, would, I believe, not have to avoid turning its gaze on the conditions for the survival of the prac- tices it endorses, so it could avoid that unpleasant choice many current lib- eral theories seem to have—between incoherence and bad faith. I do not pretend that we will easily agree once we raise the questions I think we should raise, but at least we may have a language adequate to the expres- sion of both men’s and women’s moral viewpoints.

My trust in the concept of trust is based in part on my own attempts to restate and consider what was right and what wrong with men’s theories, especially Hume’s,8 which I consider the best of the lot. There I found my- self reconstructing his account of the artifices of justice as an account of the progressive enlargement of a climate of trust, and found that a helpful way to see it. It has some textual basis, but is nevertheless a reconstruction, and one I found, immodestly, an improvement. So it is because I have tried the concept and explored its dimensions a bit—the variety of goods we may trust others not to take from us, the variety of sorts of security or insur- ance we have when we do, the sorts of defences or potential defences we lay down when we trust, the various conditions for reasonable trust of vari- ous types—that I am hopeful about its power as a theoretical not just an ex-

386 ANALYZING MORAL ISSUES - Vol. 1

10_bos5511X_Ch08_p225-273.indd 264 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

265What Do Women Want in a Moral Theory? (selection): ReadingAbel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

This is fairly easy to see if we look at what lies behind the perceived obligation to keep promises. Unless there is some good moral reason why someone should assume the responsibility of rearing a child to be capable of taking promises seriously, once she understands what a promise is, the obligation to obey promises will not effectively tie her, and any force ap- plied to punish her when she breaks promises or makes fraudulent ones will be of questionable justice. Is there an obligation on someone to make the child into a morally competent promisor? If so, on whom? Who have failed in their obligations when, say, war orphans who grew up without parental love or any other love arrive at legal adulthood very willing to be untrue to their word? Who failed in what obligation in all those less ex- treme cases of attempted but unsuccessful moral education? The parents who didn’t produce promise-keeping offspring? Those who failed to edu- cate the parents in how to educate their children (whoever it might be who might plausibly be thought to have the responsibility for training parents to fulfill their obligations)? The liberal version of our basic moral obliga- tions tends to be fairly silent on who has what obligations to new members of the moral community, and it would throw most theories of the justifica- tion of obligations into some confusion if the obligation to lovingly rear one’s children were added to the list of obligations. Such evidence as we have about the conditions in which children do successfully “learn” the morality of the community of which they are members suggests that we cannot substitute “conscientiously” for “lovingly” in this hypothetical extra needed obligation. But an obligation to love, in the strong sense needed, would be an embarrassment to the theorist, given most accepted versions of “ought implies can.”

It is hard to make fair generalizations here, so I shall content myself with indicating how this charge I am making against the current men’s moral theories, that their version of the justified list of obligations does not ensure the proper care of the young, so does nothing to ensure the stability of the morality in question over several generations, can be made against what I regard as the best of the men’s recent theories, namely John Rawls’ theory of justice. One of the great strengths of Rawls’ theory is the careful attention given to the question of how just institutions produce the condi- tions for their continued support, across generations, and in particular of how the sense of justice will arise in children, once there are minimally just institutions structuring the social world into which they are born. Rawls, more than most moral theorists, has attended to the question of the stabili- ty of his just society, given what we know about child development. But Rawls’ sensitive account of the conditions for the development of that sense of justice needed for the maintenance of his version of a just society takes it for granted that there will be loving parents rearing the children in whom the sense of justice is to develop. “The parents, we may suppose, love the child, and in time the child comes to love and trust the parents.”7 Why

What Do Women Want in a Moral Theory? (selection): Reading 385 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

may we suppose this? Not because compliance with Rawls’ version of our obligations and duties will ensure it. Rawls’ theory, like so many other theo- ries of obligation, in the end must take out a loan not only on the natural duty of parents to care for children (which he will have no trouble includ- ing), but on the natural virtue of parental love (or even a loan on the ma- ternal instinct?). The virtue of being a loving parent must supplement the natural duties and the obligations of justice, if the just society is to last be- yond the first generation. . . .

Granted that the men’s theories of obligation need supplementation, to have much chance of integrity and coherence, and that the women’s hy- pothetical theories will want to cover obligation as well as love, then what concept brings them together? My tentative answer is—the concept of ap- propriate trust, oddly neglected in moral theory. This concept also nicely mediates between reason and feeling, those tired old candidates for moral authority, since to trust is neither quite to believe something about the trusted, nor necessarily to feel any emotion towards them—but to have a belief-informed and action-influencing attitude. To make it plausible that the neglected concept of appropriate trust is a good one for the enlight- ened moral theorist to make central, I need to show, or begin to show, how it could include obligation, indeed shed light on obligations and their justi- fication, as well as include love and the other moral concerns of Gilligan’s women, and many of the topics women moral philosophers have chosen to address, mosaic fashion. I would also need to show that it could connect all of these in a way which holds out promise both of synthesis and of compre- hensive moral coverage. A moral theory which looked at the conditions for proper trust of all the various sorts we show, and at what sorts of reasons justify inviting such trust, giving it, and meeting it, would, I believe, not have to avoid turning its gaze on the conditions for the survival of the prac- tices it endorses, so it could avoid that unpleasant choice many current lib- eral theories seem to have—between incoherence and bad faith. I do not pretend that we will easily agree once we raise the questions I think we should raise, but at least we may have a language adequate to the expres- sion of both men’s and women’s moral viewpoints.

My trust in the concept of trust is based in part on my own attempts to restate and consider what was right and what wrong with men’s theories, especially Hume’s,8 which I consider the best of the lot. There I found my- self reconstructing his account of the artifices of justice as an account of the progressive enlargement of a climate of trust, and found that a helpful way to see it. It has some textual basis, but is nevertheless a reconstruction, and one I found, immodestly, an improvement. So it is because I have tried the concept and explored its dimensions a bit—the variety of goods we may trust others not to take from us, the variety of sorts of security or insur- ance we have when we do, the sorts of defences or potential defences we lay down when we trust, the various conditions for reasonable trust of vari- ous types—that I am hopeful about its power as a theoretical not just an ex-

386 ANALYZING MORAL ISSUES - Vol. 1

10_bos5511X_Ch08_p225-273.indd 265 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics266 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

egetical tool. I also found myself needing to use it, when I made a brief rash attempt at that women’s topic, caring (invited in by a man philoso- pher,9 I should say). That it does generalize some central moral features both of the recognition of binding obligations and moral virtues, and of loving, as well as of other important relations between persons, such as teacher-pupil, confider-confidante, worker to co-worker in the same cause, professional to client, I am reasonably sure. Indeed it is fairly obvious that love, the main moral phenomenon women want attended to, involves trust, so I anticipate little quarrel when I claim that, if we had a moral theory spelling out the conditions for appropriate trust and distrust, that would include a morality of love in all its variants—parental love, love of children for their parents, love of family members, love of friends, of lovers in the strict sense, of co-workers, of one’s country and its figureheads, of exem- plary heroines and heros, of goddesses and gods.

Love and loyalty demand maximal trust of one sort, and maximal trust- worthiness, and in investigating the conditions for maximal trust and maxi- mal risk we must think about the ethics of love. More controversial may be my claim that the ethics of obligation will also be covered. I see it as cov- ered since to recognize a set of obligations is to trust some group of per- sons to instill them, to demand that they be met, possibly to levy sanctions if they are not, and this is to trust persons with very significant coercive power over others. Less coercive but still significant power is possessed by those shaping our conception of the virtues, and expecting us to display them, approving when we do, disapproving and perhaps shunning us when we do not. Such coercive and manipulative power over others requires jus- tification, and is justified only if we have reason to trust those who have it to use it properly, and to use the discretion which is always given when trust is given in a way which serves the purpose of the whole system of moral control, and not merely self-serving or morally improper purposes. Since the question of the justification of coercion becomes, at least in part, the question of the wisdom of trusting the coercers to do their job properly, the morality of obligation, inasfar as it reduces to the morality of coercion, is covered by the morality of proper trust. Other forms of trust may also be involved, but trusting enforcers with the use of force is the most problemat- ic form of trust involved.

The coercers and manipulators are, to some extent, all of us, so to ask what our obligations are and what virtues we should exhibit is to ask what it is reasonable to trust us to demand, expect, and contrive to get, from one another. It becomes, in part, a question of what powers we can in reason trust ourselves to exercise properly. But self-trust is a dubious or limited case of trust, so I prefer to postpone the examination of the concept of proper self-trust at least until proper trust of others is more clearly under- stood. Nor do we distort matters too much if we concentrate on those cases where moral sanctions and moral pressure and moral manipulation is not self-applied but applied to others, particularly by older persons to younger

What Do Women Want in a Moral Theory? (selection): Reading 387 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

persons. Most moral pressuring that has any effects goes on in childhood and early youth. Moral sanctions may continue to be applied, formally and informally, to adults, but unless the criminal courts apply them it is easy enough for adults to ignore them, to brush them aside. It is not difficult to become a sensible knave, and to harden one’s heart so that one is insensi- ble to the moral condemnation of one’s victims and those who sympathize with them. Only if the pressures applied in the morally formative stage have given one a heart that rebels against the thought of such ruthless in- dependence of what others think will one see any reason not to ignore moral condemnation, not to treat it as mere powerless words and breath. Condemning sensible knaves is as much a waste of breath as arguing with them—all we can sensibly do is to try to protect children against their in- fluence, and ourselves against their knavery. Adding to the criminal law will not be the way to do the latter, since such moves will merely challenge sensible knaves to find new knavish exceptions and loopholes, not protect us from sensible knavery. Sensible knaves are precisely those who exploit us without breaking the law. So the whole question of when moral pressure of various sorts, formative, reformative, and punitive, ought to be brought to bear by whom is subsumed under the question of whom to trust when and with what, and for what good reasons.

In concentrating on obligations rather than virtues, modern moral the- orists have chosen to look at the cases where more trust is placed in en- forcers of obligations than is placed in ordinary moral agents, the bearers of the obligations. In taking, as contractarians do, contractual obligations as the model of obligations, they concentrate on a case where the very min- imal trust is put in the obligated person, and considerable punitive power entrusted to the one to whom the obligation is owed (I assume here that Hume is right in saying that when we promise or contract, we formally sub- ject ourselves to the penalty, in case of failure, of never being trusted as a promisor again). This is an interesting case of the allocation of trust of vari- ous sorts, but it surely distorts our moral vision to suppose that all obliga- tions, let alone all morally pressured expectations we impose on others, conform to that abnormally coercive model. It takes very special conditions for it to be safe to trust persons to inflict penalties on other persons, condi- tions in which either we can trust the penalizers to have the virtues neces- sary to penalize wisely and fairly, or else we can rely on effective threats to keep unvirtuous penalizers from abusing their power—that is to say, rely on others to coerce the first coercers into proper behaviour. But that re- liance too will either be trust, or will have to rely on threats from coercers of the coercers of coercers, and so on. Morality on this model becomes a nasty, if intellectually intriguing, game of mutual mutually corrective threats. The central question of who should deprive whom of what free- dom soon becomes the question of whose anger should be dreaded by whom (the theory of obligation) supplemented perhaps by an after- thought on whose favor should be courted by whom (the theory of the virtues).

388 ANALYZING MORAL ISSUES - Vol. 1

10_bos5511X_Ch08_p225-273.indd 266 25/07/14 3:08 pm

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

267What Do Women Want in a Moral Theory? (selection): ReadingAbel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

egetical tool. I also found myself needing to use it, when I made a brief rash attempt at that women’s topic, caring (invited in by a man philoso- pher,9 I should say). That it does generalize some central moral features both of the recognition of binding obligations and moral virtues, and of loving, as well as of other important relations between persons, such as teacher-pupil, confider-confidante, worker to co-worker in the same cause, professional to client, I am reasonably sure. Indeed it is fairly obvious that love, the main moral phenomenon women want attended to, involves trust, so I anticipate little quarrel when I claim that, if we had a moral theory spelling out the conditions for appropriate trust and distrust, that would include a morality of love in all its variants—parental love, love of children for their parents, love of family members, love of friends, of lovers in the strict sense, of co-workers, of one’s country and its figureheads, of exem- plary heroines and heros, of goddesses and gods.

Love and loyalty demand maximal trust of one sort, and maximal trust- worthiness, and in investigating the conditions for maximal trust and maxi- mal risk we must think about the ethics of love. More controversial may be my claim that the ethics of obligation will also be covered. I see it as cov- ered since to recognize a set of obligations is to trust some group of per- sons to instill them, to demand that they be met, possibly to levy sanctions if they are not, and this is to trust persons with very significant coercive power over others. Less coercive but still significant power is possessed by those shaping our conception of the virtues, and expecting us to display them, approving when we do, disapproving and perhaps shunning us when we do not. Such coercive and manipulative power over others requires jus- tification, and is justified only if we have reason to trust those who have it to use it properly, and to use the discretion which is always given when trust is given in a way which serves the purpose of the whole system of moral control, and not merely self-serving or morally improper purposes. Since the question of the justification of coercion becomes, at least in part, the question of the wisdom of trusting the coercers to do their job properly, the morality of obligation, inasfar as it reduces to the morality of coercion, is covered by the morality of proper trust. Other forms of trust may also be involved, but trusting enforcers with the use of force is the most problemat- ic form of trust involved.

The coercers and manipulators are, to some extent, all of us, so to ask what our obligations are and what virtues we should exhibit is to ask what it is reasonable to trust us to demand, expect, and contrive to get, from one another. It becomes, in part, a question of what powers we can in reason trust ourselves to exercise properly. But self-trust is a dubious or limited case of trust, so I prefer to postpone the examination of the concept of proper self-trust at least until proper trust of others is more clearly under- stood. Nor do we distort matters too much if we concentrate on those cases where moral sanctions and moral pressure and moral manipulation is not self-applied but applied to others, particularly by older persons to younger

What Do Women Want in a Moral Theory? (selection): Reading 387 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

persons. Most moral pressuring that has any effects goes on in childhood and early youth. Moral sanctions may continue to be applied, formally and informally, to adults, but unless the criminal courts apply them it is easy enough for adults to ignore them, to brush them aside. It is not difficult to become a sensible knave, and to harden one’s heart so that one is insensi- ble to the moral condemnation of one’s victims and those who sympathize with them. Only if the pressures applied in the morally formative stage have given one a heart that rebels against the thought of such ruthless in- dependence of what others think will one see any reason not to ignore moral condemnation, not to treat it as mere powerless words and breath. Condemning sensible knaves is as much a waste of breath as arguing with them—all we can sensibly do is to try to protect children against their in- fluence, and ourselves against their knavery. Adding to the criminal law will not be the way to do the latter, since such moves will merely challenge sensible knaves to find new knavish exceptions and loopholes, not protect us from sensible knavery. Sensible knaves are precisely those who exploit us without breaking the law. So the whole question of when moral pressure of various sorts, formative, reformative, and punitive, ought to be brought to bear by whom is subsumed under the question of whom to trust when and with what, and for what good reasons.

In concentrating on obligations rather than virtues, modern moral the- orists have chosen to look at the cases where more trust is placed in en- forcers of obligations than is placed in ordinary moral agents, the bearers of the obligations. In taking, as contractarians do, contractual obligations as the model of obligations, they concentrate on a case where the very min- imal trust is put in the obligated person, and considerable punitive power entrusted to the one to whom the obligation is owed (I assume here that Hume is right in saying that when we promise or contract, we formally sub- ject ourselves to the penalty, in case of failure, of never being trusted as a promisor again). This is an interesting case of the allocation of trust of vari- ous sorts, but it surely distorts our moral vision to suppose that all obliga- tions, let alone all morally pressured expectations we impose on others, conform to that abnormally coercive model. It takes very special conditions for it to be safe to trust persons to inflict penalties on other persons, condi- tions in which either we can trust the penalizers to have the virtues neces- sary to penalize wisely and fairly, or else we can rely on effective threats to keep unvirtuous penalizers from abusing their power—that is to say, rely on others to coerce the first coercers into proper behaviour. But that re- liance too will either be trust, or will have to rely on threats from coercers of the coercers of coercers, and so on. Morality on this model becomes a nasty, if intellectually intriguing, game of mutual mutually corrective threats. The central question of who should deprive whom of what free- dom soon becomes the question of whose anger should be dreaded by whom (the theory of obligation) supplemented perhaps by an after- thought on whose favor should be courted by whom (the theory of the virtues).

388 ANALYZING MORAL ISSUES - Vol. 1

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics268 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

Undoubtedly some important part of morality does depend in part on a system of threats and bribes, at least for its survival in difficult conditions when normal goodwill and normally virtuous dispositions may be insuffi- cient to motivate the conduct required for the preservation and justice of the moral network of relationships. But equally undoubtedly life will be nasty, emotionally poor, and worse than brutish (even if longer), if that is all morality is, or even if that coercive structure of morality is regarded as the backbone, rather than as an available crutch, should the main support fail. For the main support has to come from those we entrust with the job of rearing and training persons so that they can be trusted in various ways, some trusted with extraordinary coercive powers, some with public deci- sion-making powers, all trusted as parties to promise, most trusted by some who love them and by one or more willing to become co-parents with them, most trusted by dependent children, dependent elderly relatives, sick friends, and so on. A very complex network of a great variety of sorts of trust structures our moral relationships with our fellows, and if there is a main support to this network, it is the trust we place in those who respond to the trust of new members of the moral community, namely of children, and prepare them for new forms of trust.

A theory which took as its central question “Who should trust whom with what, and why?” would not have to forego the intellectual fun and games previous theorists have had with the various paradoxes of morality— curbing freedom to increase freedom, curbing self-interest the better to satisfy self-interest, not aiming at happiness in order to become happier. For it is easy enough to get a paradox of trust to accompany or, if I am right, to generalize the paradoxes of freedom, self-interest and hedonism. To trust is to make oneself or let oneself be more vulnerable than one might have been to harm from others—to give them an opportunity to harm one, in the confidence that they will not take it, because they have no good reason to. Why would one take such a risk? For risk it always is, given the partial opaqueness to us of the reasoning and motivation of those we trust and with whom we cooperate. Our confidence may be, and quite often is, misplaced. That is what we risk when we trust. If the best reason to take such a risk is the expected gain in security which comes from a climate of trust, then in trusting we are always giving up security to get greater se- curity, exposing our throats so that others become accustomed to not bit- ing. A moral theory which made proper trust its central concern could have its own categorical imperative,10 could replace obedience to self-made laws and freely chosen restraint on freedom with security-increasing sacri- fice of security, distrust in the promoters of a climate of distrust, and so on.

Such reflexive use of one’s central concept, negative or affirmative, is an intellectually satisfying activity which is bound to have appeal to those system-lovers who want to construct moral theories, and it may help them design their theory in an intellectually pleasing manner. But we should be- ware of becoming hypnotized by our slogans, or of sacrificing truth to in- tellectual elegance. Any theory of proper trust should not prejudge the

What Do Women Want in a Moral Theory? (selection): Reading 389 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

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question of when distrust is proper. We might find more objects of proper distrust than just the contributors to a climate of reasonable distrust, just as freedom should be restricted not just to increase human freedom but to protect human life from poisoners and other killers. I suspect, however, that all the objects of reasonable distrust are more reasonably seen as falling into the category of ones who contribute to a decrease in the scope of proper trust, than can all who are reasonably coerced be seen as them- selves guilty of wrongful coercion. Still, even if all proper trust turns out to be for such persons and on such matters as will increase the scope or stabil- ity of a climate of reasonable trust, and all proper distrust for such persons and on such matters as increase the scope of reasonable distrust, overre- liance on such nice reflexive formulae can distract us from asking all the questions about trust which need to be asked, if an adequate moral theory is to be constructed around that concept. These questions should include when to respond to trust with untrustworthiness, when and when not to in- vite trust, as well as when to give and refuse trust. We should not assume that promiscuous trustworthiness is any more a virtue than is undiscrimi- nating distrust. It is appropriate trustworthiness, appropriate trustingness, appropriate encouragement to trust, which will be virtues, as will be judi- cious untrustworthiness, selective refusal to trust, discriminating discour- agement of trust.

Women are particularly well placed to appreciate these last virtues, since they have sometimes needed them to get into a position to even con- sider becoming moral theorizers. The long exploitation and domination of women by men depended on men’s trust in women and women’s trustwor- thiness to play their allotted role and so to perpetuate their own and their daughters’ servitude. However keen women now are to end the loveless- ness of modern moral philosophy, they are unlikely to lose sight of the cau- tious virtue of appropriate distrust, or of the tough virtue of principled be- trayal of the exploiters’ trust.

Gilligan’s girls and women saw morality as a matter of preserving val- ued ties to others, of preserving the conditions for that care and mutual care without which human life becomes bleak, lonely, and after a while, as the mature men in her study found, not self-affirming, however successful in achieving the egoistic goals which had been set. The boys and men saw morality as a matter of finding workable traffic rules for self-assertors, so that they not needlessly frustrate one another, and so that they could, should they so choose, cooperate in more positive ways to mutual advan- tage. Both for the women’s sometimes unchosen and valued ties with oth- ers, and for the men’s mutual respect as sovereigns and subjects of the same minimal moral traffic rules (and for their more voluntary and more selective associations of profiteers), trust is important. Both men and women are concerned with cooperation, and the dimensions of trust-dis- trust structure the different cooperative relations each emphasize. The var- ious considerations which arise when we try to defend an answer to any

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Undoubtedly some important part of morality does depend in part on a system of threats and bribes, at least for its survival in difficult conditions when normal goodwill and normally virtuous dispositions may be insuffi- cient to motivate the conduct required for the preservation and justice of the moral network of relationships. But equally undoubtedly life will be nasty, emotionally poor, and worse than brutish (even if longer), if that is all morality is, or even if that coercive structure of morality is regarded as the backbone, rather than as an available crutch, should the main support fail. For the main support has to come from those we entrust with the job of rearing and training persons so that they can be trusted in various ways, some trusted with extraordinary coercive powers, some with public deci- sion-making powers, all trusted as parties to promise, most trusted by some who love them and by one or more willing to become co-parents with them, most trusted by dependent children, dependent elderly relatives, sick friends, and so on. A very complex network of a great variety of sorts of trust structures our moral relationships with our fellows, and if there is a main support to this network, it is the trust we place in those who respond to the trust of new members of the moral community, namely of children, and prepare them for new forms of trust.

A theory which took as its central question “Who should trust whom with what, and why?” would not have to forego the intellectual fun and games previous theorists have had with the various paradoxes of morality— curbing freedom to increase freedom, curbing self-interest the better to satisfy self-interest, not aiming at happiness in order to become happier. For it is easy enough to get a paradox of trust to accompany or, if I am right, to generalize the paradoxes of freedom, self-interest and hedonism. To trust is to make oneself or let oneself be more vulnerable than one might have been to harm from others—to give them an opportunity to harm one, in the confidence that they will not take it, because they have no good reason to. Why would one take such a risk? For risk it always is, given the partial opaqueness to us of the reasoning and motivation of those we trust and with whom we cooperate. Our confidence may be, and quite often is, misplaced. That is what we risk when we trust. If the best reason to take such a risk is the expected gain in security which comes from a climate of trust, then in trusting we are always giving up security to get greater se- curity, exposing our throats so that others become accustomed to not bit- ing. A moral theory which made proper trust its central concern could have its own categorical imperative,10 could replace obedience to self-made laws and freely chosen restraint on freedom with security-increasing sacri- fice of security, distrust in the promoters of a climate of distrust, and so on.

Such reflexive use of one’s central concept, negative or affirmative, is an intellectually satisfying activity which is bound to have appeal to those system-lovers who want to construct moral theories, and it may help them design their theory in an intellectually pleasing manner. But we should be- ware of becoming hypnotized by our slogans, or of sacrificing truth to in- tellectual elegance. Any theory of proper trust should not prejudge the

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question of when distrust is proper. We might find more objects of proper distrust than just the contributors to a climate of reasonable distrust, just as freedom should be restricted not just to increase human freedom but to protect human life from poisoners and other killers. I suspect, however, that all the objects of reasonable distrust are more reasonably seen as falling into the category of ones who contribute to a decrease in the scope of proper trust, than can all who are reasonably coerced be seen as them- selves guilty of wrongful coercion. Still, even if all proper trust turns out to be for such persons and on such matters as will increase the scope or stabil- ity of a climate of reasonable trust, and all proper distrust for such persons and on such matters as increase the scope of reasonable distrust, overre- liance on such nice reflexive formulae can distract us from asking all the questions about trust which need to be asked, if an adequate moral theory is to be constructed around that concept. These questions should include when to respond to trust with untrustworthiness, when and when not to in- vite trust, as well as when to give and refuse trust. We should not assume that promiscuous trustworthiness is any more a virtue than is undiscrimi- nating distrust. It is appropriate trustworthiness, appropriate trustingness, appropriate encouragement to trust, which will be virtues, as will be judi- cious untrustworthiness, selective refusal to trust, discriminating discour- agement of trust.

Women are particularly well placed to appreciate these last virtues, since they have sometimes needed them to get into a position to even con- sider becoming moral theorizers. The long exploitation and domination of women by men depended on men’s trust in women and women’s trustwor- thiness to play their allotted role and so to perpetuate their own and their daughters’ servitude. However keen women now are to end the loveless- ness of modern moral philosophy, they are unlikely to lose sight of the cau- tious virtue of appropriate distrust, or of the tough virtue of principled be- trayal of the exploiters’ trust.

Gilligan’s girls and women saw morality as a matter of preserving val- ued ties to others, of preserving the conditions for that care and mutual care without which human life becomes bleak, lonely, and after a while, as the mature men in her study found, not self-affirming, however successful in achieving the egoistic goals which had been set. The boys and men saw morality as a matter of finding workable traffic rules for self-assertors, so that they not needlessly frustrate one another, and so that they could, should they so choose, cooperate in more positive ways to mutual advan- tage. Both for the women’s sometimes unchosen and valued ties with oth- ers, and for the men’s mutual respect as sovereigns and subjects of the same minimal moral traffic rules (and for their more voluntary and more selective associations of profiteers), trust is important. Both men and women are concerned with cooperation, and the dimensions of trust-dis- trust structure the different cooperative relations each emphasize. The var- ious considerations which arise when we try to defend an answer to any

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question about the appropriateness of a particular form of cooperation with its distinctive form of trust or distrust, that is, when we look into the terms of all sorts of cooperation, at the terms of trust in different cases of trust, at what are fair terms and what are trust-enhancing and trust-preserv- ing terms, are suitably many and richly interconnected. A moral theory (or family of theories) that made trust its central problem could do better jus- tice to men’s and women’s moral intuitions than do the going men’s theo- ries. Even if we don’t easily agree on the answer to the question of who should trust whom with what, who should accept and who should meet var- ious sorts of trust, and why, these questions might enable us better to morally reason together than we can when the central moral questions are reduced to those of whose favor one must court and whose anger one must dread. But such programmatic claims as I am making will be tested only when women standing on the shoulders of men, or men on the shoulders of women, or some theorizing Tiresias,11 actually work out such a theory. I am no Tiresias, and have not foresuffered all the labor pains of such a the- ory. I aim here only to fertilize.

NOTES

1. Cambridge, Mass.: Harvard University Press, 1982. [D.C.A., ed.] 2. Ian Hacking, “Winner Takes Less,” a review of The Evolution of Coopera-

tion by Robert Axelrod, New York Review of Books, June 28, 1984. [A.C.B.] The “game theoretic” approach to morality compares situations requir- ing moral decisions to games in which individuals try to maximize their self-interest. The most discussed example is the “prisoners’ dilemma,” which Baier mentions in the following paragraph. In this imaginary dilemma, two prisoners guilty of a crime are interrogated separately. Both prisoners know (1) that if neither confesses, they will both get rather light sentences; (2) that if one confesses and the other does not, the one who confesses will fare best (by turning state’s evidence) and the one who does not will fare worst (by receiving a vindictive sen- tence); and (3) that if they both confess, they will both avoid the worst but neither will attain the best. Each prisoner faces the dilemma of whether to confess or not. [D.C.A.]

3. Oxford, England: Clarendon Press, 1977. [D.C.A.] 4. John Rawls, A Theory of Justice (Cambridge, Mass.: Harvard University

Press, 1971). [D.C.A.] 5. “The Conquistador and the Dark Continent: Reflections on the Psy-

chology of Love,” Daedalus, Summer 1984. [A.C.B.] 6. The following two paragraphs were not included in the version of the

article published in Noûs (Vol. 19, March 1985, pp. 53–63); they were supplied by Professor Baier for use here and are reprinted with her kind permission. These two paragraphs form part of a longer section

What Do Women Want in a Moral Theory? (selection): Reading 391 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

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omitted from the Noûs version. The complete version of the article will appear in Baier’s forthcoming collection, Moral Prejudices. [D.C.A.]

7. Rawls, A Theory of Justice, p. 463. [D.C.A.] 8. David Hume (1711–1776) was a Scottish philosopher and historian.

[D.C.A.] 9. “Caring About Caring,” a response to Harry Frankfurt’s “What We Care

About,” both in Matters of the Mind, Synthese 53 (November 1982): 257–290. [A.C.B.] Baier’s article is reprinted in her collection Postures of the Mind (Minneapolis: University of Minnesota Press, 1985). [D.C.A.]

10. categorical imperative: an unconditionally binding moral command. The term comes from the German philosopher Immanuel Kant (1724– 1804). [D.C.A.]

11. Tiresias was a legendary blind seer of the ancient Greek city of Thebes. [D.C.A.]

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question about the appropriateness of a particular form of cooperation with its distinctive form of trust or distrust, that is, when we look into the terms of all sorts of cooperation, at the terms of trust in different cases of trust, at what are fair terms and what are trust-enhancing and trust-preserv- ing terms, are suitably many and richly interconnected. A moral theory (or family of theories) that made trust its central problem could do better jus- tice to men’s and women’s moral intuitions than do the going men’s theo- ries. Even if we don’t easily agree on the answer to the question of who should trust whom with what, who should accept and who should meet var- ious sorts of trust, and why, these questions might enable us better to morally reason together than we can when the central moral questions are reduced to those of whose favor one must court and whose anger one must dread. But such programmatic claims as I am making will be tested only when women standing on the shoulders of men, or men on the shoulders of women, or some theorizing Tiresias,11 actually work out such a theory. I am no Tiresias, and have not foresuffered all the labor pains of such a the- ory. I aim here only to fertilize.

NOTES

1. Cambridge, Mass.: Harvard University Press, 1982. [D.C.A., ed.] 2. Ian Hacking, “Winner Takes Less,” a review of The Evolution of Coopera-

tion by Robert Axelrod, New York Review of Books, June 28, 1984. [A.C.B.] The “game theoretic” approach to morality compares situations requir- ing moral decisions to games in which individuals try to maximize their self-interest. The most discussed example is the “prisoners’ dilemma,” which Baier mentions in the following paragraph. In this imaginary dilemma, two prisoners guilty of a crime are interrogated separately. Both prisoners know (1) that if neither confesses, they will both get rather light sentences; (2) that if one confesses and the other does not, the one who confesses will fare best (by turning state’s evidence) and the one who does not will fare worst (by receiving a vindictive sen- tence); and (3) that if they both confess, they will both avoid the worst but neither will attain the best. Each prisoner faces the dilemma of whether to confess or not. [D.C.A.]

3. Oxford, England: Clarendon Press, 1977. [D.C.A.] 4. John Rawls, A Theory of Justice (Cambridge, Mass.: Harvard University

Press, 1971). [D.C.A.] 5. “The Conquistador and the Dark Continent: Reflections on the Psy-

chology of Love,” Daedalus, Summer 1984. [A.C.B.] 6. The following two paragraphs were not included in the version of the

article published in Noûs (Vol. 19, March 1985, pp. 53–63); they were supplied by Professor Baier for use here and are reprinted with her kind permission. These two paragraphs form part of a longer section

What Do Women Want in a Moral Theory? (selection): Reading 391 Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

omitted from the Noûs version. The complete version of the article will appear in Baier’s forthcoming collection, Moral Prejudices. [D.C.A.]

7. Rawls, A Theory of Justice, p. 463. [D.C.A.] 8. David Hume (1711–1776) was a Scottish philosopher and historian.

[D.C.A.] 9. “Caring About Caring,” a response to Harry Frankfurt’s “What We Care

About,” both in Matters of the Mind, Synthese 53 (November 1982): 257–290. [A.C.B.] Baier’s article is reprinted in her collection Postures of the Mind (Minneapolis: University of Minnesota Press, 1985). [D.C.A.]

10. categorical imperative: an unconditionally binding moral command. The term comes from the German philosopher Immanuel Kant (1724– 1804). [D.C.A.]

11. Tiresias was a legendary blind seer of the ancient Greek city of Thebes. [D.C.A.]

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What Do Women Want in a Moral Theory? Annette C. Baier

Reading Questions

According to Baier:

1. How does a survey of the writings of women moral philosophers confirm Gilligan’s finding that women speak “in a different voice” than men do?

2. How does the “mosaic” method of moral theory differ from the “broad brushstroke” method? Which sense best describes the work of women moral philosophers? of men moral philosophers?

3. What concept would best serve to unify into a general systematic theory the work in ethics done by women moral philosophers? What concept is basic to the theories of the influential men moral philosophers?

4. Why would a moral theory of trust include an ethics of love?

5. Why would a moral theory of trust include an ethics of obligation?

Discussion Questions

In your own view:

1. Do women view morality mainly in terms of love? Do men view it mainly in terms of obligation?

2. Do the moral intuitions of men and women differ too greatly to be harmonized into a single moral theory?

3. Does love necessarily involve trust?

4. Does obligation necessarily involve trust?

5. Is mutual trust essential for cooperation among members of society?

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273Bibliography

BIBLIOGRAPHY

John Stuart Mill, The Subjection of Women. London, England: Longmans, Green, Reader & Dyer, 1869.

Simone de Beauvoir, In this excerpt from her book, The Second Sex (1952), discusses the socialization experiences of females.

Abel: Discourses Ethical Theories Annette C. Baier, ‘‘What Do Women Want in a Moral Theory?’’ (selection)

© The McGraw−Hill Companies, 2006

What Do Women Want in a Moral Theory? Annette C. Baier

Reading Questions

According to Baier:

1. How does a survey of the writings of women moral philosophers confirm Gilligan’s finding that women speak “in a different voice” than men do?

2. How does the “mosaic” method of moral theory differ from the “broad brushstroke” method? Which sense best describes the work of women moral philosophers? of men moral philosophers?

3. What concept would best serve to unify into a general systematic theory the work in ethics done by women moral philosophers? What concept is basic to the theories of the influential men moral philosophers?

4. Why would a moral theory of trust include an ethics of love?

5. Why would a moral theory of trust include an ethics of obligation?

Discussion Questions

In your own view:

1. Do women view morality mainly in terms of love? Do men view it mainly in terms of obligation?

2. Do the moral intuitions of men and women differ too greatly to be harmonized into a single moral theory?

3. Does love necessarily involve trust?

4. Does obligation necessarily involve trust?

5. Is mutual trust essential for cooperation among members of society?

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CHAPTER 9: Humans and Other Living

Creatures

INTRODUCTION

Arguments pertaining to animal rights run the gamut from “They have none” to “They are equal in moral status to humans”. Most reasonable views, as with many issues, fall somewhere between these two extremes. The analysis of the moral status of animals involves several questions. The first question is what, if any, rights they possess. The question of rights is complex, and there are still contentious debates as to what rights, if any, humans have, let alone other sentient non-humans. The second question involves the treatment and use of animals.

A number of criteria have been employed to establish rights. Some, like René Descartes, argue that rights are founded upon having a soul; others philosophers, such as Immanuel Kant, argue that rights are founded upon rationality. And others still claim that rights are founded upon the capacity to feel pain or pleasure. This last claim has been the foundation of the animal rights movement and was first brought up by Jeremy Bentham.

The Cartesian view on animal rights is untenable as it is not possible to determine if animals possess a soul or not. The same is true of human souls, given that if they do exist, they are beyond the scope of human scientific understanding There is certainly no method to establish whether animals have souls or not.

Immanuel Kant’s analysis of the status of animals fairs better in that rationality can be measured and in some sense quantified. Rationality involves the ability to reason and think about complex abstract things a skill that most animal lack. One’s kitty cat is not sitting on the couch contemplating the meaning of life or if tuna is better than chicken. One flaw with this analysis of rights is that other beings that lack rationality would also be deprived of any rights. Just as cats and most other animals are not rational, so too, are human babies. If animals do not have rights because they are not rational, then logic dictates that any other being that lacks the trait would also lack any rights. This may lead most to conclude that this line of reasoning is untenable and an alternative criterion must be employed for the establishment of rights. It is worth noting that the Kantian approach includes judging that animals have no right, sicne they are not rational beings; but that it would be wrong to be cruel to animals because someone who is cruel to animals might also be cruel to people, which would be wrong according to Kant’s categorical imperative. It is a reasonable argument. One probably would not be inclined to hire Michael Vick as a baby-sitter, for instance, given his criminal conviction on charges of animal cruelty. But note that the reasoning has nothing to do with the animals’ rights, but rather with the moral agent performing the cruel acts; in other words, in this case Kant is offering an

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CHAPTER 9: Humans and Other Living Creatures 275

This line of reasoning can lead to both extreme and more moderate positions. On extreme interpretations animals are placed on equal moral footing with humans. If you would not eat, experiment or skin a person, then you should not do it to an animal. Proponents of this view may argue that animals should have the same rights, liberties, and freedoms as humans. Opponents of such a view might point out that no one really believes that animals should have the exact same rights as humans--it would be rather odd to see goats driving down the Interstate or cows lined up to vote for the next president. The problem above is a result of equivocation( or ambiuguiity) in the use of the term “rights”. The term “right” is being applied to both humans and animals, but the rights that each possesses are not defined or specified. A more complete analysis of the utilitarian position will require the utilitarian to specify what rights animals possess and what obligations those rights create for people.

A final, alternative analysis of animal rights is perhaps still best derived from the views of Kant. This version of the Kantian analysis focuses on the potential for rationality as a basis for rights. On this view, only beings with the potential for rationality have rights. As such, babies, which have the capacity to one day grow, mature and become rational have rights, but animals (which lack this capacity) do not have rights. Coincidentally, this view, of potential rationality as the basis for rights, is the one that currently guides our medical practices in this country.

Octavio Roca and Matthew Schuh

“The day may come when the rest of animal creation may acquire those rights which never could have been withholden from them but by the hand of tyranny. The French have already discovered that the blackness of skin is no reason why a human being should be abandoned without redress to the caprice of a tormentor. It may one day be recognized that the number of legs, the villosity of the skin, or the termination of the os sacrum are reasons equally insufficient for abandoning a sensitive being to the same fate.. What else is it that should trace the insuperable line? Is it the faculty of reason, or perhaps the faculty of discourse? But a full-grown horse or dog is beyond comparison a more rational, as well as a more conversable animal, than an infant of a day or a week or even a month old. But suppose they were otherwise, what would it avail? The question is not, Can they reason? nor Can they talk? but, Can they suffer?”

Jeremy Bentham

Aristotelian argument. Beyond that, animals have value to humans just as things have value to humans, and that is all. Humans count morally, animals and things do not.

The utilitarians, from Jeremy Bentham to this day, approach to the issue of animal rights from a different direction. The classic utilitarian defense of animal rights is clearly stated in Peter Singer’s landmark Animal Liberation, excerpted in this chapter. A utilitarian does not care if Fido can understand the meaning of life but rather can Fido enjoy it. The capacity to feel pain provides the foundation for animal rights according to many utilitarians. The fact that animals have the capacity to feel both pain and pleasure means that they have certain rights and, further, that humans have certain obligations towards them.

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The Rights of the Nonhuman World

Mary Anne Warren

Mary Anne Warren received her doctorate in philosophy from the University of California, Berkeley, in 1974. She then joined the Department of Philosophy at San Francisco State University, where she specialized in applied ethics and in women’s studies. She remained at San Francisco State University until her retirement in 2004 and is now Professor Emerita of Philosophy. Warren has published articles on issues such as animal rights, abortion, sex selection, in vitro fertilization, and embryo research. She has also published three books: The Nature of Woman: An Encyclopedia and Guide to the Literature (editor, 1980), Gendercide: The Implications of Sex Selection (1985), and Moral Status: Obligations to Persons and Other Living Things (1997).

Our reading is from Warren’s 1983 article “The Rights of the Nonhuman World,” which addresses the question of whether moral rights can be attributed to nonhuman entities such as animals and plants (both individually and as species), the ecosystem, natural habitats, mountains, forests, and rivers. She explains that the traditional view that only human beings are the direct object of moral concern has recently been challenged both by environmentalists who support a “land ethic” and by proponents of animal rights. Land ethic environmentalism focuses on the good of the entire interdependent community of living things, while animal rights theory emphasizes individual organisms that can experience pleasure and pain. Warren argues that there are merits in each theory, but that each one needs to be modified if they are to be combined into a consistent and plausible moral position with regard to the treatment of nonhuman beings. Animal rights theorists are correct in holding that animals have rights, but are mistaken in their views that the content and the strength of those rights is the same for animals as for human beings, and that we cannot assign certain rights to “nonparadigm” humans (infants, children, the severely brain-damaged, and so on) without ascribing the same rights to animals who have intellectual capacities superior to those of such persons. She agrees with land ethic environmentalists that entities such as mountains and forests have intrinsic value and therefore should be taken into moral consideration, but denies that we should ascribe rights to such entities, since they cannot feel pleasure and pain. Warren concludes that only by combining into a coherent whole the insights of animal rights theory and of land ethic environmental theory can we “take account of the full range of moral considerations which ought to guide our interactions with the nonhuman world.”

Reprinted from The Rights of the Nonhuman World in Environmental Philosophy: A Collection of Readings, Robert Elliot and Arran Gare (eds.), University of Queensland Press, St. Lucia, 1983.

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“The greatness of a nation and its moral progress can be judged by the way its animals are treated.” Mahatma Gandhi

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Western philosophers have typically held that human beings are the only proper objects of human moral concern. Those who speak of duties gener- ally hold that we have duties only to human beings (or perhaps to God), and that our apparent duties towards animals, plants and other nonhuman entities in nature are in fact indirect duties to human beings. Those who speak of moral rights generally ascribe such rights only to human beings.

This strictly homocentric (human-centered) view of morality is cur- rently challenged from two seemingly disparate directions. On the one hand, environmentalists argue that because humanity is only one part of the natural world, an organic species in the total, interdependent, plane- tary biosystem,1 it is necessary for consistency to view all of the elements of that system, and not just its human elements, as worthy of moral concern in themselves, and not only because of their usefulness to us. The ecolo- gist Aldo Leopold was one of the first and most influential exponents of the view that not only human beings, but plants, animals, and natural habitats have moral rights. We need, Leopold argued, a new ethical system that will deal with our relationships not only with other human individuals and with human society, but also with the land, and its nonhuman inhabi- tants. Such a “land ethic” would seek to change “the role of Homo sapiens from conqueror of the land community to plain member and citizen of it.”2 It would judge our interaction with the nonhuman world as “right when it tends to preserve the integrity, stability, and beauty of the biotic3

community,” and “wrong when it tends otherwise.”4

On the other hand, homocentric morality is attacked by the so-called animal liberationists, who have argued, at least as early as the eighteenth century (in the Western tradition), that insofar as (some) nonhuman ani- mals are sentient beings, capable of experiencing pleasure and pain,5 they are worthy in their own right of our moral concern.6 On the surface at least, the animal liberationist ethic appears to be quite different from that of ecologists such as Leopold. The land ethic is holistic in its emphasis: It treats the good of the biotic community as the ultimate measure of the value of individual organisms or species, and of the rightness or wrongness of human actions. In contrast, the animal-liberationist ethic is largely inspired by the utilitarianism of Jeremy Bentham and John Stuart Mill.7

The latter tradition is individualist in its moral focus, in that it treats the needs and interests of individual sentient beings as the ultimate basis for conclusions about right and wrong.

These differences in moral perspective predictably result in differ- ences in the emphasis given to specific moral issues. Thus, environmental- ists treat the protection of endangered species and habitats as matters for utmost concern, while, unlike many of the animal liberationists, they gen- erally do not object to hunting, fishing, or rearing animals for food, so long as these practices do not endanger the survival of certain species or

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The Rights of the Nonhuman World

Mary Anne Warren

Mary Anne Warren received her doctorate in philosophy from the University of California, Berkeley, in 1974. She then joined the Department of Philosophy at San Francisco State University, where she specialized in applied ethics and in women’s studies. She remained at San Francisco State University until her retirement in 2004 and is now Professor Emerita of Philosophy. Warren has published articles on issues such as animal rights, abortion, sex selection, in vitro fertilization, and embryo research. She has also published three books: The Nature of Woman: An Encyclopedia and Guide to the Literature (editor, 1980), Gendercide: The Implications of Sex Selection (1985), and Moral Status: Obligations to Persons and Other Living Things (1997).

Our reading is from Warren’s 1983 article “The Rights of the Nonhuman World,” which addresses the question of whether moral rights can be attributed to nonhuman entities such as animals and plants (both individually and as species), the ecosystem, natural habitats, mountains, forests, and rivers. She explains that the traditional view that only human beings are the direct object of moral concern has recently been challenged both by environmentalists who support a “land ethic” and by proponents of animal rights. Land ethic environmentalism focuses on the good of the entire interdependent community of living things, while animal rights theory emphasizes individual organisms that can experience pleasure and pain. Warren argues that there are merits in each theory, but that each one needs to be modified if they are to be combined into a consistent and plausible moral position with regard to the treatment of nonhuman beings. Animal rights theorists are correct in holding that animals have rights, but are mistaken in their views that the content and the strength of those rights is the same for animals as for human beings, and that we cannot assign certain rights to “nonparadigm” humans (infants, children, the severely brain-damaged, and so on) without ascribing the same rights to animals who have intellectual capacities superior to those of such persons. She agrees with land ethic environmentalists that entities such as mountains and forests have intrinsic value and therefore should be taken into moral consideration, but denies that we should ascribe rights to such entities, since they cannot feel pleasure and pain. Warren concludes that only by combining into a coherent whole the insights of animal rights theory and of land ethic environmental theory can we “take account of the full range of moral considerations which ought to guide our interactions with the nonhuman world.”

Reprinted from The Rights of the Nonhuman World in Environmental Philosophy: A Collection of Readings, Robert Elliot and Arran Gare (eds.), University of Queensland Press, St. Lucia, 1983.

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Western philosophers have typically held that human beings are the only proper objects of human moral concern. Those who speak of duties gener- ally hold that we have duties only to human beings (or perhaps to God), and that our apparent duties towards animals, plants and other nonhuman entities in nature are in fact indirect duties to human beings. Those who speak of moral rights generally ascribe such rights only to human beings.

This strictly homocentric (human-centered) view of morality is cur- rently challenged from two seemingly disparate directions. On the one hand, environmentalists argue that because humanity is only one part of the natural world, an organic species in the total, interdependent, plane- tary biosystem,1 it is necessary for consistency to view all of the elements of that system, and not just its human elements, as worthy of moral concern in themselves, and not only because of their usefulness to us. The ecolo- gist Aldo Leopold was one of the first and most influential exponents of the view that not only human beings, but plants, animals, and natural habitats have moral rights. We need, Leopold argued, a new ethical system that will deal with our relationships not only with other human individuals and with human society, but also with the land, and its nonhuman inhabi- tants. Such a “land ethic” would seek to change “the role of Homo sapiens from conqueror of the land community to plain member and citizen of it.”2 It would judge our interaction with the nonhuman world as “right when it tends to preserve the integrity, stability, and beauty of the biotic3

community,” and “wrong when it tends otherwise.”4

On the other hand, homocentric morality is attacked by the so-called animal liberationists, who have argued, at least as early as the eighteenth century (in the Western tradition), that insofar as (some) nonhuman ani- mals are sentient beings, capable of experiencing pleasure and pain,5 they are worthy in their own right of our moral concern.6 On the surface at least, the animal liberationist ethic appears to be quite different from that of ecologists such as Leopold. The land ethic is holistic in its emphasis: It treats the good of the biotic community as the ultimate measure of the value of individual organisms or species, and of the rightness or wrongness of human actions. In contrast, the animal-liberationist ethic is largely inspired by the utilitarianism of Jeremy Bentham and John Stuart Mill.7

The latter tradition is individualist in its moral focus, in that it treats the needs and interests of individual sentient beings as the ultimate basis for conclusions about right and wrong.

These differences in moral perspective predictably result in differ- ences in the emphasis given to specific moral issues. Thus, environmental- ists treat the protection of endangered species and habitats as matters for utmost concern, while, unlike many of the animal liberationists, they gen- erally do not object to hunting, fishing, or rearing animals for food, so long as these practices do not endanger the survival of certain species or

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Mary Anne Warren, ‘‘The Rights of the Nonhuman World’’ (selection)

© The McGraw−Hill Companies, 2006

otherwise damage the natural environment. Animal liberationists, on the other hand, regard the inhumane treatment or killing of animals which are raised for meat, used in scientific experimentation, and the like, as just as objectionable as the killing or mistreatment of “wild” animals. They oppose such practices not only because they may sometimes lead to envi- ronmental damage, but because they cause suffering or death to sentient beings.

Contrasts such as these have led some philosophers to conclude that the theoretical foundations of the Leopoldian land ethic and those of the animal-liberationist movement are fundamentally incompatible, or that there are “intractable practical differences” between them.8 I shall argue on the contrary, that a harmonious marriage between these two approaches is possible, provided that each side is prepared to make cer- tain compromises. In brief, the animal liberationists must recognize that although animals do have significant moral rights, these rights are not pre- cisely the same as those of human beings and that part of the difference is that the rights of animals may sometimes be overridden, for example, for environmental or utilitarian reasons, in situations where it would not be morally acceptable to override human rights for similar reasons. For their part, the environmentalists must recognize that while it may be acceptable, as a legal or rhetorical tactic, to speak of the rights of trees or mountains, the logical foundations of such rights are quite different from those of the rights of human and other sentient beings. The issue is of enormous importance for moral philosophy, for it centers upon the theoretical basis for the ascription of moral rights, and hence bears directly upon such disputed cases as the rights of (human) fetuses, children, the coma- tose, the insane, and so on. Another interesting feature is the way in which utilitarians and deontologists9 often seem to exchange sides in the battle— the former insist upon the universal application of the principle that to cause unnecessary pain is wrong, while the latter refuse to apply that prin- ciple to other than human beings, unless there are utilitarian reasons for doing so.

In Section I, I will examine the primary line of argument presented by the contemporary animal-rights advocates, and suggest that their conclu- sions must be amended in the way mentioned above. In Section II, I will present two arguments for distinguishing between the rights of human beings and those of (most) nonhuman animals. In Section III, I will con- sider the animal liberationists’ objection that any such distinction will endanger the rights of certain “nonparadigm” human beings—for exam- ple, infants and the mentally incapacitated. . . . In Section V, I will exam- ine the moral theory implicit in the land ethic, and argue that it may be formulated and put into practice in a manner which is consistent with the concerns of the animal liberationists.

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I. Why (Some) Animals Have (Some) Moral Rights

Peter Singer is the best known contemporary proponent of animal libera- tion. Singer maintains that all sentient animals, human or otherwise, should be regarded as morally equal—that is, that their interests should be given equal consideration. He argues that sentience, the capacity to have conscious experiences such as pain or pleasure, is “the only defensible boundary of concern for the interests of others.”10 In Bentham’s often- quoted words, “The question is not, Can they reason ? nor Can they talk ?, but Can they suffer ?”11 To suppose that the interests of animals are outside the scope of moral concern is to commit a moral fallacy analogous to sex- ism or racism, a fallacy which Singer calls speciesism. True, women and members of “minority” races are more intelligent than (most) animals— and almost certainly no less so than white males—but that is not the point. The point does not concern these complex capabilities at all. For, Singer says, “The claim to equality does not depend on intelligence, moral capac- ity, physical strength, or similar matters of fact.”12

As a utilitarian, Singer prefers to avoid speaking of moral rights, at least insofar as these are construed as claims which may sometimes over- ride purely utilitarian considerations.13 There are, however, many other advocates of animal liberation who do maintain that animals have moral rights, rights which place limitations upon the use of utilitarian justifica- tions for killing animals or causing them to suffer. Tom Regan, for exam- ple, argues that if all or most human beings have a right to life, then so do at least some animals. Regan points out that unless we hold that animals have a right to life, we may not be able to adequately support many of the conclusions that most animal liberationists think are important, for exam- ple, that it is wrong to kill animals painlessly to provide human beings with relatively trivial forms of pleasure.14

This disagreement between Singer and Regan demonstrates that there is no single well-defined theory of the moral status of animals which can be identified as the animal liberationist position. It is clear, however, that neither philosopher is committed to the claim that the moral status of ani- mals is completely identical to that of humans. Singer points out that his basic principle of equal consideration does not imply identical treatment.15

Regan holds only that animals have some of the same moral rights as do human beings, not that all of their rights are necessarily the same.16

Nevertheless, none of the animal liberationists have thus far provided a clear explanation of how and why the moral status of (most) animals dif- fers from that of (most) human beings; and this is a point which must be clarified if their position is to be made fully persuasive. That there is such a difference seems to follow from some very strong moral intuitions which most of us share. A man who shoots squirrels for sport may or may not be acting reprehensibly; but it is difficult to believe that his actions should be placed in exactly the same moral category as those of a man who shoots

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otherwise damage the natural environment. Animal liberationists, on the other hand, regard the inhumane treatment or killing of animals which are raised for meat, used in scientific experimentation, and the like, as just as objectionable as the killing or mistreatment of “wild” animals. They oppose such practices not only because they may sometimes lead to envi- ronmental damage, but because they cause suffering or death to sentient beings.

Contrasts such as these have led some philosophers to conclude that the theoretical foundations of the Leopoldian land ethic and those of the animal-liberationist movement are fundamentally incompatible, or that there are “intractable practical differences” between them.8 I shall argue on the contrary, that a harmonious marriage between these two approaches is possible, provided that each side is prepared to make cer- tain compromises. In brief, the animal liberationists must recognize that although animals do have significant moral rights, these rights are not pre- cisely the same as those of human beings and that part of the difference is that the rights of animals may sometimes be overridden, for example, for environmental or utilitarian reasons, in situations where it would not be morally acceptable to override human rights for similar reasons. For their part, the environmentalists must recognize that while it may be acceptable, as a legal or rhetorical tactic, to speak of the rights of trees or mountains, the logical foundations of such rights are quite different from those of the rights of human and other sentient beings. The issue is of enormous importance for moral philosophy, for it centers upon the theoretical basis for the ascription of moral rights, and hence bears directly upon such disputed cases as the rights of (human) fetuses, children, the coma- tose, the insane, and so on. Another interesting feature is the way in which utilitarians and deontologists9 often seem to exchange sides in the battle— the former insist upon the universal application of the principle that to cause unnecessary pain is wrong, while the latter refuse to apply that prin- ciple to other than human beings, unless there are utilitarian reasons for doing so.

In Section I, I will examine the primary line of argument presented by the contemporary animal-rights advocates, and suggest that their conclu- sions must be amended in the way mentioned above. In Section II, I will present two arguments for distinguishing between the rights of human beings and those of (most) nonhuman animals. In Section III, I will con- sider the animal liberationists’ objection that any such distinction will endanger the rights of certain “nonparadigm” human beings—for exam- ple, infants and the mentally incapacitated. . . . In Section V, I will exam- ine the moral theory implicit in the land ethic, and argue that it may be formulated and put into practice in a manner which is consistent with the concerns of the animal liberationists.

158 An Examined Life Critical Thinking and Ethics Abel: Discourses Applied Ethics and Social Ethics: The Environment and Animals

Mary Anne Warren, ‘‘The Rights of the Nonhuman World’’ (selection)

© The McGraw−Hill Companies, 2006

I. Why (Some) Animals Have (Some) Moral Rights

Peter Singer is the best known contemporary proponent of animal libera- tion. Singer maintains that all sentient animals, human or otherwise, should be regarded as morally equal—that is, that their interests should be given equal consideration. He argues that sentience, the capacity to have conscious experiences such as pain or pleasure, is “the only defensible boundary of concern for the interests of others.”10 In Bentham’s often- quoted words, “The question is not, Can they reason ? nor Can they talk ?, but Can they suffer ?”11 To suppose that the interests of animals are outside the scope of moral concern is to commit a moral fallacy analogous to sex- ism or racism, a fallacy which Singer calls speciesism. True, women and members of “minority” races are more intelligent than (most) animals— and almost certainly no less so than white males—but that is not the point. The point does not concern these complex capabilities at all. For, Singer says, “The claim to equality does not depend on intelligence, moral capac- ity, physical strength, or similar matters of fact.”12

As a utilitarian, Singer prefers to avoid speaking of moral rights, at least insofar as these are construed as claims which may sometimes over- ride purely utilitarian considerations.13 There are, however, many other advocates of animal liberation who do maintain that animals have moral rights, rights which place limitations upon the use of utilitarian justifica- tions for killing animals or causing them to suffer. Tom Regan, for exam- ple, argues that if all or most human beings have a right to life, then so do at least some animals. Regan points out that unless we hold that animals have a right to life, we may not be able to adequately support many of the conclusions that most animal liberationists think are important, for exam- ple, that it is wrong to kill animals painlessly to provide human beings with relatively trivial forms of pleasure.14

This disagreement between Singer and Regan demonstrates that there is no single well-defined theory of the moral status of animals which can be identified as the animal liberationist position. It is clear, however, that neither philosopher is committed to the claim that the moral status of ani- mals is completely identical to that of humans. Singer points out that his basic principle of equal consideration does not imply identical treatment.15

Regan holds only that animals have some of the same moral rights as do human beings, not that all of their rights are necessarily the same.16

Nevertheless, none of the animal liberationists have thus far provided a clear explanation of how and why the moral status of (most) animals dif- fers from that of (most) human beings; and this is a point which must be clarified if their position is to be made fully persuasive. That there is such a difference seems to follow from some very strong moral intuitions which most of us share. A man who shoots squirrels for sport may or may not be acting reprehensibly; but it is difficult to believe that his actions should be placed in exactly the same moral category as those of a man who shoots

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Abel: Discourses Applied Ethics and Social Ethics: The Environment and Animals

Mary Anne Warren, ‘‘The Rights of the Nonhuman World’’ (selection)

© The McGraw−Hill Companies, 2006

women, or black children, for sport. So too it is doubtful that the Japanese fishermen who slaughtered dolphins because the latter were thought to be depleting the local fish populations were acting quite as wrongly as if they had slaughtered an equal number of their human neighbors for the same reason.

Can anything persuasive be said in support of these intuitive judg- ments? Or are they merely evidence of unreconstructed speciesism? To answer these questions we must consider both certain similarities and cer- tain differences between ourselves and other animals, and then decide which of these are relevant to the assignment of moral rights. To do this we must first ask just what it means to say than an entity possesses a certain moral right.

There are two elements of the concept of a moral right which are cru- cial for our present purposes. To say that an entity, X, has a moral right to Y (some activity, benefit or satisfaction) is to imply at least the following:

1. that it would be morally wrong for any moral agent to intentionally deprive X or Y without some sufficient justification;

2. that this would be wrong, at least in part, because of the (actual or potential) harm which it would do to the interests of X.

On this (partial) definition of a moral right, to ask whether animals have such rights is to ask whether there are some ways of treating them which are morally objectionable because of the harm done to the animals themselves, and not merely because of some other undesirable results, such as damaging the environment or undermining the moral character of human beings. As Regan and other animal liberationists have pointed out, the arguments for ascribing at least some moral rights to sentient nonhu- man animals are very similar to the arguments for ascribing those same rights to sentient human beings.17 If we argue that human beings have rights not to be tortured, starved or confined under inhumane conditions, it is usually by appealing to our knowledge that they will suffer in much the same ways that we would under like circumstances. A child must learn that other persons (and animals) can experience, for example, pain or fear or anger, on the one hand; pleasure or satisfaction, on the other, in order to even begin to comprehend why some ways of behaving towards them are morally preferable to others.

If these facts are morally significant in the case of human beings, it is attractive to suppose that they should have similar significance in the case of animals. Everything that we know about the behavior, biology, and neu- rophysiology of, for instance, nonhuman mammals, indicates that they are capable of experiencing the same basic types of physical suffering and dis- comfort as we are, and it is reasonable to suppose that their pleasures are equally real and approximately as various. Doubts about the sentience of other animals are no more plausible than doubts about that of other

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© The McGraw−Hill Companies, 2006

human beings. True, most animals cannot use human language to report that they are in pain, but the vocalizations and “body language” through which they express pain, and many other psychological states, are similar enough to our own that their significance is generally clear.

But to say this is not yet to establish that animals have moral rights. We need a connecting link between the premise that certain ways of treating animals cause them to suffer, and the conclusion that such actions are prima facie18 morally wrong, that is, wrong unless proven otherwise. One way to make this connection is to hold that it is a self-evident truth that the unnecessary infliction of suffering upon any sentient being is wrong. Those who doubt this claim may be accused (perhaps with some justice) of lacking empathy, the ability to “feel with” other sentient beings, to com- prehend the reality of their experience. It may be held that it is possible to regard the suffering of animals as morally insignificant only to the extent that one suffers from blindness to “the ontology of animal reality”19—that is, from a failure to grasp the fact that they are centers of conscious expe- rience, as we are.

This argument is inadequate, however, since there may be those who fully comprehend the fact that animals are sentient beings, but who still deny that their pains and pleasures have any direct moral significance. For them, a more persuasive consideration may be that our moral reasoning will gain in clarity and coherence if we recognize that the suffering of a nonhuman being is an evil of the same general sort as that of a human being. For if we do not recognize that suffering is an intrinsic evil, some- thing which ought not to be inflicted deliberately without just cause, then we will not be able to fully understand why treating human beings in certain ways is immoral.

Torturing human beings, for example, is not wrong merely because it is illegal (where it is illegal), or merely because it violates some implicit agreement amongst human beings (though it may). Such legalistic or con- tractualistic reasons leave us in the dark as to why we ought to have, and enforce, laws and agreements against torture. The essential reason for regarding torture as wrong is that it hurts, and that people greatly prefer to avoid such pain—as do animals. I am not arguing, as does Kant,20 that cruelty to animals is wrong because it causes cruelty to human beings, a position which consequentalists21 often endorse. The point, rather, is that unless we view the deliberate infliction of needless pain as inherently wrong we will not be able to understand the moral objection to cruelty of either kind.

It seems we must conclude, therefore, that sentient nonhuman ani- mals have certain basic moral rights, rights which they share with all beings that are psychologically organized around the pleasure/pain axis. Their capacity for pain gives them the right that pain not be intentionally and needlessly inflicted upon them. Their capacity for pleasure gives them

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women, or black children, for sport. So too it is doubtful that the Japanese fishermen who slaughtered dolphins because the latter were thought to be depleting the local fish populations were acting quite as wrongly as if they had slaughtered an equal number of their human neighbors for the same reason.

Can anything persuasive be said in support of these intuitive judg- ments? Or are they merely evidence of unreconstructed speciesism? To answer these questions we must consider both certain similarities and cer- tain differences between ourselves and other animals, and then decide which of these are relevant to the assignment of moral rights. To do this we must first ask just what it means to say than an entity possesses a certain moral right.

There are two elements of the concept of a moral right which are cru- cial for our present purposes. To say that an entity, X, has a moral right to Y (some activity, benefit or satisfaction) is to imply at least the following:

1. that it would be morally wrong for any moral agent to intentionally deprive X or Y without some sufficient justification;

2. that this would be wrong, at least in part, because of the (actual or potential) harm which it would do to the interests of X.

On this (partial) definition of a moral right, to ask whether animals have such rights is to ask whether there are some ways of treating them which are morally objectionable because of the harm done to the animals themselves, and not merely because of some other undesirable results, such as damaging the environment or undermining the moral character of human beings. As Regan and other animal liberationists have pointed out, the arguments for ascribing at least some moral rights to sentient nonhu- man animals are very similar to the arguments for ascribing those same rights to sentient human beings.17 If we argue that human beings have rights not to be tortured, starved or confined under inhumane conditions, it is usually by appealing to our knowledge that they will suffer in much the same ways that we would under like circumstances. A child must learn that other persons (and animals) can experience, for example, pain or fear or anger, on the one hand; pleasure or satisfaction, on the other, in order to even begin to comprehend why some ways of behaving towards them are morally preferable to others.

If these facts are morally significant in the case of human beings, it is attractive to suppose that they should have similar significance in the case of animals. Everything that we know about the behavior, biology, and neu- rophysiology of, for instance, nonhuman mammals, indicates that they are capable of experiencing the same basic types of physical suffering and dis- comfort as we are, and it is reasonable to suppose that their pleasures are equally real and approximately as various. Doubts about the sentience of other animals are no more plausible than doubts about that of other

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Mary Anne Warren, ‘‘The Rights of the Nonhuman World’’ (selection)

© The McGraw−Hill Companies, 2006

human beings. True, most animals cannot use human language to report that they are in pain, but the vocalizations and “body language” through which they express pain, and many other psychological states, are similar enough to our own that their significance is generally clear.

But to say this is not yet to establish that animals have moral rights. We need a connecting link between the premise that certain ways of treating animals cause them to suffer, and the conclusion that such actions are prima facie18 morally wrong, that is, wrong unless proven otherwise. One way to make this connection is to hold that it is a self-evident truth that the unnecessary infliction of suffering upon any sentient being is wrong. Those who doubt this claim may be accused (perhaps with some justice) of lacking empathy, the ability to “feel with” other sentient beings, to com- prehend the reality of their experience. It may be held that it is possible to regard the suffering of animals as morally insignificant only to the extent that one suffers from blindness to “the ontology of animal reality”19—that is, from a failure to grasp the fact that they are centers of conscious expe- rience, as we are.

This argument is inadequate, however, since there may be those who fully comprehend the fact that animals are sentient beings, but who still deny that their pains and pleasures have any direct moral significance. For them, a more persuasive consideration may be that our moral reasoning will gain in clarity and coherence if we recognize that the suffering of a nonhuman being is an evil of the same general sort as that of a human being. For if we do not recognize that suffering is an intrinsic evil, some- thing which ought not to be inflicted deliberately without just cause, then we will not be able to fully understand why treating human beings in certain ways is immoral.

Torturing human beings, for example, is not wrong merely because it is illegal (where it is illegal), or merely because it violates some implicit agreement amongst human beings (though it may). Such legalistic or con- tractualistic reasons leave us in the dark as to why we ought to have, and enforce, laws and agreements against torture. The essential reason for regarding torture as wrong is that it hurts, and that people greatly prefer to avoid such pain—as do animals. I am not arguing, as does Kant,20 that cruelty to animals is wrong because it causes cruelty to human beings, a position which consequentalists21 often endorse. The point, rather, is that unless we view the deliberate infliction of needless pain as inherently wrong we will not be able to understand the moral objection to cruelty of either kind.

It seems we must conclude, therefore, that sentient nonhuman ani- mals have certain basic moral rights, rights which they share with all beings that are psychologically organized around the pleasure/pain axis. Their capacity for pain gives them the right that pain not be intentionally and needlessly inflicted upon them. Their capacity for pleasure gives them

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the right not to be prevented from pursuing whatever pleasures and fulfill- ments are natural to creatures of their kind. Like human rights, the rights of animals may be overridden if there is a morally sufficient reason for doing so. What counts as a morally significant reason, however, may be dif- ferent in the two cases.

II. Human and Animal Rights Compared

There are two dimensions in which we may find differences between the rights of human beings and those of animals. The first involves the content of those rights, while the second involves their strength—that is, the strength of the reasons which are required to override them.

Consider, for instance, the right to liberty. The human right to liberty precludes imprisonment without due process of law, even if the prison is spacious and the conditions of confinement cause no obvious physical suf- fering. But it is not so obviously wrong to imprison animals, especially when the area to which they are confined provides a fair approximation of the conditions of their natural habitat, and a reasonable opportunity to pursue the satisfactions natural to their kind. Such conditions, which often result in an increased lifespan, and which may exist in wildlife sanctuaries or even well-designed zoos, need not frustrate the needs or interests of animals in any significant way, and thus do not clearly violate their rights. Similarly treated human beings, on the other hand (for example, native peoples confined to prison-like reservations), do tend to suffer from their loss of freedom. Human dignity and the fulfillment of the sorts of plans, hopes, and desires which appear (thus far) to be uniquely human, require a more extensive freedom of movement than is the case with at least many nonhuman animals. Furthermore, there are aspects of human freedom, such as freedom of thought, freedom of speech, and freedom of political association, which simply do not apply in the case of animals.

Thus, it seems that the human right to freedom is more extensive— that is, it precludes a wider range of specific ways of treating human beings than does the corresponding right on the part of animals. The argument cuts both ways, of course. Some animals (for example, great whales and migratory birds) may require at least as much physical freedom as do human beings if they are to pursue the satisfactions natural to their kind, and this fact provides a moral argument against keeping such crea- tures imprisoned. And even chickens may suffer from the extreme and unnatural confinement to which they are subjected on modern “factory farms.” Yet it seems unnecessary to claim for most animals a right to a free- dom quite as broad as that which we claim for ourselves.

Similar points may be made with respect to the right to life. Animals, it may be argued, lack the cognitive equipment to value their lives in the way that human beings do. Ruth Cigman argues that animals have no right to life because death is no misfortune for them. In her view, the death of an

162 An Examined Life Critical Thinking and Ethics Abel: Discourses Applied Ethics and Social Ethics: The Environment and Animals

Mary Anne Warren, ‘‘The Rights of the Nonhuman World’’ (selection)

© The McGraw−Hill Companies, 2006

animal is not a misfortune, because animals have no desires which are cat- egorical—that is, which do not “merely presuppose being alive (like the desire to eat when one is hungry), but rather answer the question whether one wants to remain alive.”22 In other words, animals appear to lack the sorts of long-range hopes, plans, ambitions, and the like, which give human beings such a powerful interest in continued life. Animals, it seems, take life as it comes and do not specifically desire that it go on. True, squirrels store nuts for the winter and deer run from wolves; but these may be seen as instinctive or conditioned responses to present cir- cumstances, rather than evidence that they value life as such.

These reflections probably help to explain why the death of a sparrow seems less tragic than that of a human being. Human lives, one might say, have greater intrinsic value, because they are worth more to their possessors. But this does not demonstrate that no nonhuman animal has any right to life. Premature death may be a less severe misfortune for sentient nonhu- man animals than for human beings, but it is a misfortune nevertheless. In the first place, it is a misfortune in that it deprives them of whatever pleas- ures the future might have held for them, regardless of whether or not they ever consciously anticipated those pleasures. The fact that they are not here afterwards to experience their loss, no more shows that they have not lost anything than it does in the case of humans. In the second place, it is (possibly) a misfortune in that it frustrates whatever future-oriented desires animals may have, unbeknownst to us. Even now, in an age in which apes have been taught to use simplified human languages and attempts have been made to communicate with dolphins and whales, we still know very little about the operation of nonhuman minds. We know much too little to assume that nonhuman animals never consciously pur- sue relatively distant future goals. To the extent that they do, the question of whether such desires provide them with reasons for living or merely pre- suppose continued life, has no satisfactory answer, since they cannot con- template these alternatives—or, if they can, we have no way of knowing what their conclusions are. All we know is that the more intelligent and psychologically complex an animal is, the more likely it is that it possesses specifically future-oriented desires, which would be frustrated even by painless death.

For these reasons, it is premature to conclude from the apparent intel- lectual inferiority of nonhuman animals that they have no right to life. A more plausible conclusion is that animals do have a right to life but that it is generally somewhat weaker than that of human beings. It is, perhaps, weak enough to enable us to justify killing animals when we have no other ways of achieving such vital goals as feeding or clothing ourselves, or obtaining knowledge which is necessary to save human lives. Weakening their right to life in this way does not render meaningless the assertion that they have such a right. For the point remains that some serious justifi-

The Rights of the Nonhuman World (selection): Reading 163

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

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© The McGraw−Hill Companies, 2006

the right not to be prevented from pursuing whatever pleasures and fulfill- ments are natural to creatures of their kind. Like human rights, the rights of animals may be overridden if there is a morally sufficient reason for doing so. What counts as a morally significant reason, however, may be dif- ferent in the two cases.

II. Human and Animal Rights Compared

There are two dimensions in which we may find differences between the rights of human beings and those of animals. The first involves the content of those rights, while the second involves their strength—that is, the strength of the reasons which are required to override them.

Consider, for instance, the right to liberty. The human right to liberty precludes imprisonment without due process of law, even if the prison is spacious and the conditions of confinement cause no obvious physical suf- fering. But it is not so obviously wrong to imprison animals, especially when the area to which they are confined provides a fair approximation of the conditions of their natural habitat, and a reasonable opportunity to pursue the satisfactions natural to their kind. Such conditions, which often result in an increased lifespan, and which may exist in wildlife sanctuaries or even well-designed zoos, need not frustrate the needs or interests of animals in any significant way, and thus do not clearly violate their rights. Similarly treated human beings, on the other hand (for example, native peoples confined to prison-like reservations), do tend to suffer from their loss of freedom. Human dignity and the fulfillment of the sorts of plans, hopes, and desires which appear (thus far) to be uniquely human, require a more extensive freedom of movement than is the case with at least many nonhuman animals. Furthermore, there are aspects of human freedom, such as freedom of thought, freedom of speech, and freedom of political association, which simply do not apply in the case of animals.

Thus, it seems that the human right to freedom is more extensive— that is, it precludes a wider range of specific ways of treating human beings than does the corresponding right on the part of animals. The argument cuts both ways, of course. Some animals (for example, great whales and migratory birds) may require at least as much physical freedom as do human beings if they are to pursue the satisfactions natural to their kind, and this fact provides a moral argument against keeping such crea- tures imprisoned. And even chickens may suffer from the extreme and unnatural confinement to which they are subjected on modern “factory farms.” Yet it seems unnecessary to claim for most animals a right to a free- dom quite as broad as that which we claim for ourselves.

Similar points may be made with respect to the right to life. Animals, it may be argued, lack the cognitive equipment to value their lives in the way that human beings do. Ruth Cigman argues that animals have no right to life because death is no misfortune for them. In her view, the death of an

162 An Examined Life Critical Thinking and Ethics Abel: Discourses Applied Ethics and Social Ethics: The Environment and Animals

Mary Anne Warren, ‘‘The Rights of the Nonhuman World’’ (selection)

© The McGraw−Hill Companies, 2006

animal is not a misfortune, because animals have no desires which are cat- egorical—that is, which do not “merely presuppose being alive (like the desire to eat when one is hungry), but rather answer the question whether one wants to remain alive.”22 In other words, animals appear to lack the sorts of long-range hopes, plans, ambitions, and the like, which give human beings such a powerful interest in continued life. Animals, it seems, take life as it comes and do not specifically desire that it go on. True, squirrels store nuts for the winter and deer run from wolves; but these may be seen as instinctive or conditioned responses to present cir- cumstances, rather than evidence that they value life as such.

These reflections probably help to explain why the death of a sparrow seems less tragic than that of a human being. Human lives, one might say, have greater intrinsic value, because they are worth more to their possessors. But this does not demonstrate that no nonhuman animal has any right to life. Premature death may be a less severe misfortune for sentient nonhu- man animals than for human beings, but it is a misfortune nevertheless. In the first place, it is a misfortune in that it deprives them of whatever pleas- ures the future might have held for them, regardless of whether or not they ever consciously anticipated those pleasures. The fact that they are not here afterwards to experience their loss, no more shows that they have not lost anything than it does in the case of humans. In the second place, it is (possibly) a misfortune in that it frustrates whatever future-oriented desires animals may have, unbeknownst to us. Even now, in an age in which apes have been taught to use simplified human languages and attempts have been made to communicate with dolphins and whales, we still know very little about the operation of nonhuman minds. We know much too little to assume that nonhuman animals never consciously pur- sue relatively distant future goals. To the extent that they do, the question of whether such desires provide them with reasons for living or merely pre- suppose continued life, has no satisfactory answer, since they cannot con- template these alternatives—or, if they can, we have no way of knowing what their conclusions are. All we know is that the more intelligent and psychologically complex an animal is, the more likely it is that it possesses specifically future-oriented desires, which would be frustrated even by painless death.

For these reasons, it is premature to conclude from the apparent intel- lectual inferiority of nonhuman animals that they have no right to life. A more plausible conclusion is that animals do have a right to life but that it is generally somewhat weaker than that of human beings. It is, perhaps, weak enough to enable us to justify killing animals when we have no other ways of achieving such vital goals as feeding or clothing ourselves, or obtaining knowledge which is necessary to save human lives. Weakening their right to life in this way does not render meaningless the assertion that they have such a right. For the point remains that some serious justifi-

The Rights of the Nonhuman World (selection): Reading 163

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Mary Anne Warren, ‘‘The Rights of the Nonhuman World’’ (selection)

© The McGraw−Hill Companies, 2006

cation for the killing of sentient nonhuman animals is always necessary; they may not be killed merely to provide amusement or minor gains in convenience.

If animals’ rights to liberty and life are somewhat weaker than those of human beings, may we say the same about their right to happiness—their right not to be made to suffer needlessly or to be deprived of the pleas- ures natural to their kind? If so, it is not immediately clear why. There is little reason to suppose that pain or suffering are any less unpleasant for the higher animals (at least) than they are for us. Our large brains may cause us to experience pain more intensely than do most animals, and probably cause us to suffer more from the anticipation or remembrance of pain. These facts might tend to suggest that pain is, on the whole, a worse experience for us than for them. But it may also be argued that pain may be worse in some respects for nonhuman animals, who are presumably less able to distract themselves from it by thinking of something else, or to comfort themselves with the knowledge that it is temporary. Brigid Brophy points out that “pain is likely to fill the sheep’s whole capacity for experi- ence in a way it seldom does in us, whose intellect and imagination can create breaks for us in the immediacy of our sensations.”23

The net result of such contrasting considerations is that we cannot possibly claim to know whether pain is, on the whole, worse for us than for animals, or whether their pleasures are any more or any less intense than ours. Thus, while we may justify assigning them a somewhat weaker right to life or liberty, on the grounds that they desire these goods less intensely than we do, we cannot discount their rights to freedom from needlessly inflicted pain or unnatural frustration on the same basis. There may, how- ever, be other reasons for regarding all of the moral rights of animals as somewhat less stringent than the corresponding human rights.

A number of philosophers who deny that animals have moral rights point to the fact that nonhuman animals evidently lack the capacity for moral autonomy. Moral autonomy is the ability to act as a moral agent— that is, to act on the basis of an understanding of, and adherence to, moral rules or principles. H. J. McCloskey, for example, holds that “it is the capacity for moral autonomy . . . that is basic to the possibility of pos- sessing a right.”24 McCloskey argues that it is inappropriate to ascribe moral rights to any entity which is not a moral agent, or potentially a moral agent, because a right is essentially an entitlement granted to a moral agent, licensing him or her to act in certain ways and to demand that other moral agents refrain from interference. For this reason, he says, “Where there is no possibility of [morally autonomous] action, potentially or actu- ally . . . and where the being is not a member of a kind which is normally capable of [such] action, we withhold talk of rights.”25

If moral autonomy—or being potentially autonomous, or a member of a kind which is normally capable of autonomy—is a necessary condition for

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having moral rights, then probably no nonhuman animal can qualify. For moral autonomy requires such probably uniquely human traits as “the capacity to be critically self-aware, manipulate concepts, use a sophisti- cated language, reflect, plan, deliberate, choose, and accept responsibility for acting.”26

But why, we must ask, should the capacity for autonomy be regarded as a precondition for possessing moral rights? Autonomy is clearly crucial for the exercise of many human moral or legal rights, such as the right to vote or to run for public office. It is less clearly relevant, however, to the more basic human rights, such as the right to life or to freedom from unnecessary suffering. The fact that animals, like many human beings, cannot demand their moral rights (at least not in the words of any conven- tional human language) seems irrelevant. For, as Joel Feinberg points out, the interests of nonmorally autonomous human beings may be defended by others, for example, in legal proceedings; and it is not clear why the interests of animals might not be represented in a similar fashion.27

It is implausible, therefore, to conclude that because animals lack moral autonomy they should be accorded no moral rights whatsoever. Never- theless, it may be argued that the moral autonomy of (most) human beings provides a second reason, in addition to their more extensive inter- ests and desires, for according somewhat stronger moral rights to human beings. The fundamental insight behind contractualist theories of moral- ity28 is that, for morally autonomous beings such as ourselves, there is enormous mutual advantage in the adoption of a moral system designed to protect each of us from the harms that might otherwise be visited upon us by others. Each of us ought to accept and promote such a system because, to the extent that others also accept it, we will all be safer from attack by our fellows, more likely to receive assistance when we need it, and freer to engage in individual as well as cooperative endeavors of all kinds.

Thus, it is the possibility of reciprocity which motivates moral agents to extend full and equal moral rights, in the first instance, only to other moral agents. I respect your rights to life, liberty and the pursuit of happiness in part because you are a sentient being, whose interests have intrinsic moral significance. But I respect them as fully equal to my own because I hope and expect that you will do the same for me. Animals, insofar as they lack the degree of rationality necessary for moral autonomy, cannot agree to respect our interests as equal in moral importance to their own, and nei- ther do they expect or demand such respect from us. Of course, domestic animals may expect to be fed, and so on, but they do not, and cannot, expect to be treated as moral equals, for they do not understand that moral concept or what it implies. Consequently, it is neither pragmatically feasible nor morally obligatory to extend to them the same full and equal rights which we extend to human beings. . . .

The Rights of the Nonhuman World (selection): Reading 165

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

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© The McGraw−Hill Companies, 2006

cation for the killing of sentient nonhuman animals is always necessary; they may not be killed merely to provide amusement or minor gains in convenience.

If animals’ rights to liberty and life are somewhat weaker than those of human beings, may we say the same about their right to happiness—their right not to be made to suffer needlessly or to be deprived of the pleas- ures natural to their kind? If so, it is not immediately clear why. There is little reason to suppose that pain or suffering are any less unpleasant for the higher animals (at least) than they are for us. Our large brains may cause us to experience pain more intensely than do most animals, and probably cause us to suffer more from the anticipation or remembrance of pain. These facts might tend to suggest that pain is, on the whole, a worse experience for us than for them. But it may also be argued that pain may be worse in some respects for nonhuman animals, who are presumably less able to distract themselves from it by thinking of something else, or to comfort themselves with the knowledge that it is temporary. Brigid Brophy points out that “pain is likely to fill the sheep’s whole capacity for experi- ence in a way it seldom does in us, whose intellect and imagination can create breaks for us in the immediacy of our sensations.”23

The net result of such contrasting considerations is that we cannot possibly claim to know whether pain is, on the whole, worse for us than for animals, or whether their pleasures are any more or any less intense than ours. Thus, while we may justify assigning them a somewhat weaker right to life or liberty, on the grounds that they desire these goods less intensely than we do, we cannot discount their rights to freedom from needlessly inflicted pain or unnatural frustration on the same basis. There may, how- ever, be other reasons for regarding all of the moral rights of animals as somewhat less stringent than the corresponding human rights.

A number of philosophers who deny that animals have moral rights point to the fact that nonhuman animals evidently lack the capacity for moral autonomy. Moral autonomy is the ability to act as a moral agent— that is, to act on the basis of an understanding of, and adherence to, moral rules or principles. H. J. McCloskey, for example, holds that “it is the capacity for moral autonomy . . . that is basic to the possibility of pos- sessing a right.”24 McCloskey argues that it is inappropriate to ascribe moral rights to any entity which is not a moral agent, or potentially a moral agent, because a right is essentially an entitlement granted to a moral agent, licensing him or her to act in certain ways and to demand that other moral agents refrain from interference. For this reason, he says, “Where there is no possibility of [morally autonomous] action, potentially or actu- ally . . . and where the being is not a member of a kind which is normally capable of [such] action, we withhold talk of rights.”25

If moral autonomy—or being potentially autonomous, or a member of a kind which is normally capable of autonomy—is a necessary condition for

164 An Examined Life Critical Thinking and Ethics Abel: Discourses Applied Ethics and Social Ethics: The Environment and Animals

Mary Anne Warren, ‘‘The Rights of the Nonhuman World’’ (selection)

© The McGraw−Hill Companies, 2006

having moral rights, then probably no nonhuman animal can qualify. For moral autonomy requires such probably uniquely human traits as “the capacity to be critically self-aware, manipulate concepts, use a sophisti- cated language, reflect, plan, deliberate, choose, and accept responsibility for acting.”26

But why, we must ask, should the capacity for autonomy be regarded as a precondition for possessing moral rights? Autonomy is clearly crucial for the exercise of many human moral or legal rights, such as the right to vote or to run for public office. It is less clearly relevant, however, to the more basic human rights, such as the right to life or to freedom from unnecessary suffering. The fact that animals, like many human beings, cannot demand their moral rights (at least not in the words of any conven- tional human language) seems irrelevant. For, as Joel Feinberg points out, the interests of nonmorally autonomous human beings may be defended by others, for example, in legal proceedings; and it is not clear why the interests of animals might not be represented in a similar fashion.27

It is implausible, therefore, to conclude that because animals lack moral autonomy they should be accorded no moral rights whatsoever. Never- theless, it may be argued that the moral autonomy of (most) human beings provides a second reason, in addition to their more extensive inter- ests and desires, for according somewhat stronger moral rights to human beings. The fundamental insight behind contractualist theories of moral- ity28 is that, for morally autonomous beings such as ourselves, there is enormous mutual advantage in the adoption of a moral system designed to protect each of us from the harms that might otherwise be visited upon us by others. Each of us ought to accept and promote such a system because, to the extent that others also accept it, we will all be safer from attack by our fellows, more likely to receive assistance when we need it, and freer to engage in individual as well as cooperative endeavors of all kinds.

Thus, it is the possibility of reciprocity which motivates moral agents to extend full and equal moral rights, in the first instance, only to other moral agents. I respect your rights to life, liberty and the pursuit of happiness in part because you are a sentient being, whose interests have intrinsic moral significance. But I respect them as fully equal to my own because I hope and expect that you will do the same for me. Animals, insofar as they lack the degree of rationality necessary for moral autonomy, cannot agree to respect our interests as equal in moral importance to their own, and nei- ther do they expect or demand such respect from us. Of course, domestic animals may expect to be fed, and so on, but they do not, and cannot, expect to be treated as moral equals, for they do not understand that moral concept or what it implies. Consequently, it is neither pragmatically feasible nor morally obligatory to extend to them the same full and equal rights which we extend to human beings. . . .

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© The McGraw−Hill Companies, 2006

III. The Moral Rights of Nonparadigm Humans

If we are justified in ascribing somewhat different, and also somewhat stronger, moral rights to human beings than to sentient but non-morally autonomous animals, then what are we to say of the rights of human beings who happen not to be capable of moral autonomy, perhaps not even potentially? Both Singer and Regan have argued that if any of the superior intellectual capacities of normal and mature human beings are used to support a distinction between the moral status of typical, or para- digm, human beings, and that of animals, then consistency will require us to place certain “nonparadigm” humans—such as infants, small children and the severely retarded or incurably brain damaged—in the same infe- rior moral category.29 Such a result is, of course, highly counterintuitive.

Fortunately, no such conclusion follows from the autonomy argument. There are many reasons for extending strong moral rights to nonpara- digm humans—reasons which do not apply to most nonhuman animals. Infants and small children are granted strong moral rights in part because of their potential autonomy. But potential autonomy, as I have argued else- where,30 is not in itself a sufficient reason for the ascription of full moral rights; if it were, then not only human fetuses (from conception onwards) but even ununited human sperm-egg pairs would have to be regarded as entities with a right to life the equivalent of our own—thus making not only abortion, but any intentional failure to procreate, the moral equiva- lent of murder. Those who do not find this extreme conclusion acceptable must appeal to reasons other than the potential moral autonomy of infants and small children to explain the strength of the latter’s moral rights.

One reason for assigning strong moral rights to infants and children is that they possess not just potential but partial autonomy, and it is not clear how much of it they have at any given moment. The fact that, unlike baby chimpanzees, they are already learning the things which will enable them to become morally autonomous, makes it likely that their minds have more subtleties than their speech (or the lack of it) proclaims. Another reason is simply that most of us tend to place a very high value on the lives and well- being of infants. Perhaps we are to some degree “programmed” by nature to love and protect them; perhaps our reasons are somewhat egocentric; or perhaps we value them for their potential. Whatever the explanation, the fact that we do feel this way about them is in itself a valid reason for extending to them stronger moral and legal protections than we extend to nonhuman animals, even those which may have just as well or better-devel- oped psychological capacities. A third, and perhaps the most important, reason is that if we did not extend strong moral rights to infants, far too few of them would ever become responsible, morally autonomous adults; too many would be treated “like animals” (that is, in ways that it is gener- ally wrong to treat even animals) and would consequently become socially crippled, antisocial, or just very unhappy people. If any part of our moral

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code is to remain intact, it seems that infants and small children must be protected and cared for.

Analogous arguments explain why strong moral rights should also be accorded to other nonparadigm humans. The severely retarded or incur- ably senile, for instance, may have no potential for moral autonomy, but there are apt to be friends, relatives, or other people who care what hap- pens to them. Like children, such individuals may have more mental capacities than are readily apparent. Like children, they are more apt to achieve or return to moral autonomy if they are valued and well cared for. Furthermore, any one of us may someday become mentally incapacitated to one degree or another, and we would all have reason to be anxious about our own futures if such incapacitation were made the basis for deny- ing strong moral rights.

There are, then, sound reasons for assigning strong moral rights even to human beings who lack the mental capacities which justify the general distinction between human and animal rights. Their rights are based not only on the value which they themselves place upon their lives and well- being, but also on the value which other human beings place upon them.

But is this a valid basis for the assignment of moral rights? Is it consis- tent with the definition presented earlier, according to which X may be said to have a moral right to Y only if depriving X of Y is prima facie wrong because of the harm done to the interests of X, and not merely because of any further consequences? Regan argues that we cannot justify the ascrip- tion of stronger rights to nonparadigm humans than to nonhuman ani- mals in the way suggested, because “what underlies the ascription of rights to any given X is that X has value independently of anyone’s valuing X.”31

After all, we do not speak of expensive paintings or gemstones as having rights, although many people value them and have good reasons for want- ing them protected.

There is, however, a crucial difference between a rare painting and a severely retarded or senile human being; the latter not only has (or may have) value for other human beings but also has his or her own needs and interests. It may be this which leads us to say that such individuals have intrinsic value. The sentience of nonparadigm humans, like that of sen- tient nonhuman animals, gives them a place in the sphere of rights hold- ers. So long as the moral rights of all sentient beings are given due recognition, there should be no objection to providing some of them with additional protections, on the basis of our interests as well as their own. . . .

V. Animal Liberation and the Land Ethic

The fundamental message of Leopold’s land ethic, and of the environ- mentalist movement in general, is that the terrestrial biosphere is an inte- grated whole, and that humanity is a part of that natural order, wholly dependent upon it and morally responsible for maintaining its integrity.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

289The Rights of the Nonhuman World (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: The Environment and Animals

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© The McGraw−Hill Companies, 2006

III. The Moral Rights of Nonparadigm Humans

If we are justified in ascribing somewhat different, and also somewhat stronger, moral rights to human beings than to sentient but non-morally autonomous animals, then what are we to say of the rights of human beings who happen not to be capable of moral autonomy, perhaps not even potentially? Both Singer and Regan have argued that if any of the superior intellectual capacities of normal and mature human beings are used to support a distinction between the moral status of typical, or para- digm, human beings, and that of animals, then consistency will require us to place certain “nonparadigm” humans—such as infants, small children and the severely retarded or incurably brain damaged—in the same infe- rior moral category.29 Such a result is, of course, highly counterintuitive.

Fortunately, no such conclusion follows from the autonomy argument. There are many reasons for extending strong moral rights to nonpara- digm humans—reasons which do not apply to most nonhuman animals. Infants and small children are granted strong moral rights in part because of their potential autonomy. But potential autonomy, as I have argued else- where,30 is not in itself a sufficient reason for the ascription of full moral rights; if it were, then not only human fetuses (from conception onwards) but even ununited human sperm-egg pairs would have to be regarded as entities with a right to life the equivalent of our own—thus making not only abortion, but any intentional failure to procreate, the moral equiva- lent of murder. Those who do not find this extreme conclusion acceptable must appeal to reasons other than the potential moral autonomy of infants and small children to explain the strength of the latter’s moral rights.

One reason for assigning strong moral rights to infants and children is that they possess not just potential but partial autonomy, and it is not clear how much of it they have at any given moment. The fact that, unlike baby chimpanzees, they are already learning the things which will enable them to become morally autonomous, makes it likely that their minds have more subtleties than their speech (or the lack of it) proclaims. Another reason is simply that most of us tend to place a very high value on the lives and well- being of infants. Perhaps we are to some degree “programmed” by nature to love and protect them; perhaps our reasons are somewhat egocentric; or perhaps we value them for their potential. Whatever the explanation, the fact that we do feel this way about them is in itself a valid reason for extending to them stronger moral and legal protections than we extend to nonhuman animals, even those which may have just as well or better-devel- oped psychological capacities. A third, and perhaps the most important, reason is that if we did not extend strong moral rights to infants, far too few of them would ever become responsible, morally autonomous adults; too many would be treated “like animals” (that is, in ways that it is gener- ally wrong to treat even animals) and would consequently become socially crippled, antisocial, or just very unhappy people. If any part of our moral

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code is to remain intact, it seems that infants and small children must be protected and cared for.

Analogous arguments explain why strong moral rights should also be accorded to other nonparadigm humans. The severely retarded or incur- ably senile, for instance, may have no potential for moral autonomy, but there are apt to be friends, relatives, or other people who care what hap- pens to them. Like children, such individuals may have more mental capacities than are readily apparent. Like children, they are more apt to achieve or return to moral autonomy if they are valued and well cared for. Furthermore, any one of us may someday become mentally incapacitated to one degree or another, and we would all have reason to be anxious about our own futures if such incapacitation were made the basis for deny- ing strong moral rights.

There are, then, sound reasons for assigning strong moral rights even to human beings who lack the mental capacities which justify the general distinction between human and animal rights. Their rights are based not only on the value which they themselves place upon their lives and well- being, but also on the value which other human beings place upon them.

But is this a valid basis for the assignment of moral rights? Is it consis- tent with the definition presented earlier, according to which X may be said to have a moral right to Y only if depriving X of Y is prima facie wrong because of the harm done to the interests of X, and not merely because of any further consequences? Regan argues that we cannot justify the ascrip- tion of stronger rights to nonparadigm humans than to nonhuman ani- mals in the way suggested, because “what underlies the ascription of rights to any given X is that X has value independently of anyone’s valuing X.”31

After all, we do not speak of expensive paintings or gemstones as having rights, although many people value them and have good reasons for want- ing them protected.

There is, however, a crucial difference between a rare painting and a severely retarded or senile human being; the latter not only has (or may have) value for other human beings but also has his or her own needs and interests. It may be this which leads us to say that such individuals have intrinsic value. The sentience of nonparadigm humans, like that of sen- tient nonhuman animals, gives them a place in the sphere of rights hold- ers. So long as the moral rights of all sentient beings are given due recognition, there should be no objection to providing some of them with additional protections, on the basis of our interests as well as their own. . . .

V. Animal Liberation and the Land Ethic

The fundamental message of Leopold’s land ethic, and of the environ- mentalist movement in general, is that the terrestrial biosphere is an inte- grated whole, and that humanity is a part of that natural order, wholly dependent upon it and morally responsible for maintaining its integrity.

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Because of the holistic nature of biotic systems, it is impossible to deter- mine the value of an organism simply by considering its individual moral rights: We must also consider its relationship to other parts of the system. For this reason, some philosophers have concluded that the theoretical foundations of the environmentalist and animal liberation movements are mutually contradictory. Alastair Gunn states; “Environmentalism seems incompatible with the Western obsession with individualism, which leads us to resolve questions about our treatment of animals by appealing to the essentially atomistic, competitive notion of rights.”32

As an example of the apparent clash between the land ethic and the ascription of rights to animals, Gunn points to the situation on certain islands off the coast of New Zealand, where feral goats, pigs, and cats have had to be exterminated in order to protect indigenous species and habi- tats, which were threatened by the introduced species. “Considered purely in terms of rights,” he says, “it is hard to see how this could be justified. [For,] if the goats, and so on, are held to have rights, then we are violating these rights in order perhaps to save or increase a rare species.”33

I maintain, on the contrary, that the appearance of fundamental con- tradiction between the land ethic and the claim that sentient nonhuman animals have moral rights is illusory. If we were to hold that the rights of animals are identical to those of human beings, then we would indeed be forced to conclude that it is wrong to eliminate harmful introduced species for the good of the indigenous ones or of the ecosystem as a whole—just as wrong as it would be to exterminate all of the human inhabitants of North America who are immigrants, however greatly this might benefit the native Americans and the natural ecology. There is no inconsistency, however, in the view that animals have a significant right to life, but one which is somewhat more easily overridden by certain kinds of utilitarian or environmental considerations than is the human right to life. On this view, it is wrong to kill animals for trivial reasons, but not wrong to do so when there is no other way of achieving a vital goal, such as the preservation of threatened species.

Another apparent point of inconsistency between the land ethic and the animal liberation movement involves the issue of whether sentience is a necessary, as well as sufficient, condition for the possession of moral rights. Animal liberationists sometimes maintain that it is, and that consequently plants, rivers, mountains and other elements of nature which are not themselves sentient (though they may contain sentient life forms) cannot have moral rights. Environmentalists, on the other hand, sometimes argue for the ascription of moral rights to even the nonsentient elements of the biosphere. Does this difference represent a genuine contradiction between the two approaches?

One argument that it does not is that the fact that a particular entity is not accorded moral rights does not imply that there are no sound reasons

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for protecting it from harm. Human health and survival alone requires that we place a high value on clean air, unpolluted land and water and crops, and on the maintenance of stable and diverse natural ecosystems. Furthermore, there are vital scientific, spiritual, aesthetic, and recreational values associated with the conservation of the natural world, values which cannot be dismissed as luxuries which benefit only the affluent portion of humanity. Once we realize how valuable nature is, it may seem immaterial whether or not we also wish to speak of its nonsentient elements as pos- sessing moral rights.

But there is a deeper issue here than the precise definition of the term “moral rights.” The issue is whether trees, rivers and the like ought to be protected only because of their value to us (and to other sentient animals), or whether they also have intrinsic value. That is, are they to be valued and protected because of what they are, or only because of what they are good for? Most environmentalists think that the natural world is intrinsically valuable, and that it is therefore wrong to wantonly destroy forests, streams, marshes and so on, even where doing so is not obviously inconsis- tent with the welfare of human beings. It is this conviction which finds expression in the claim that even nonsentient elements of nature have moral rights. Critics of the environmental movement, on the other hand, often insist that the value of the nonhuman world is purely instrumental, and that it is only sentimentalists who hold otherwise. . . .

This strictly instrumentalist view of the value of the nonhuman world is rejected by animal liberationists and environmentalists alike. The animal liberationists maintain that the sentience of many nonhuman animals con- stitutes a sufficient reason for regarding their needs and interests as wor- thy of our moral concern, and for assigning them certain moral rights. Sentience is, in this sense, a sufficient condition for the possession of intrinsic value. It does not follow from this that it is also a necessary condi- tion for having intrinsic value. It may be a necessary condition for having individual moral rights; certainly it is necessary for some rights, such as the right not to be subjected to unnecessary pain. But there is room to argue that even though mountains and trees are not subject to pleasure or pain, and hence do not have rights of the sort we ascribe to sentient beings, nev- ertheless they have intrinsic value of another sort, or for another reason. . . .

Furthermore, I would suggest that the claim that mountains and forests have intrinsic value of some sort is intuitively much more plausible than its denial.

One way to test your own intuitions, or unformulated convictions, about this claim is to consider a hypothetical case of the following sort. Suppose that a virilent virus, developed by some unwise researcher, has escaped into the environment and will inevitably extinguish all animal life (ourselves included) within a few weeks. Suppose further that this or some other scientist has developed another virus which, if released, would

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© The McGraw−Hill Companies, 2006

Because of the holistic nature of biotic systems, it is impossible to deter- mine the value of an organism simply by considering its individual moral rights: We must also consider its relationship to other parts of the system. For this reason, some philosophers have concluded that the theoretical foundations of the environmentalist and animal liberation movements are mutually contradictory. Alastair Gunn states; “Environmentalism seems incompatible with the Western obsession with individualism, which leads us to resolve questions about our treatment of animals by appealing to the essentially atomistic, competitive notion of rights.”32

As an example of the apparent clash between the land ethic and the ascription of rights to animals, Gunn points to the situation on certain islands off the coast of New Zealand, where feral goats, pigs, and cats have had to be exterminated in order to protect indigenous species and habi- tats, which were threatened by the introduced species. “Considered purely in terms of rights,” he says, “it is hard to see how this could be justified. [For,] if the goats, and so on, are held to have rights, then we are violating these rights in order perhaps to save or increase a rare species.”33

I maintain, on the contrary, that the appearance of fundamental con- tradiction between the land ethic and the claim that sentient nonhuman animals have moral rights is illusory. If we were to hold that the rights of animals are identical to those of human beings, then we would indeed be forced to conclude that it is wrong to eliminate harmful introduced species for the good of the indigenous ones or of the ecosystem as a whole—just as wrong as it would be to exterminate all of the human inhabitants of North America who are immigrants, however greatly this might benefit the native Americans and the natural ecology. There is no inconsistency, however, in the view that animals have a significant right to life, but one which is somewhat more easily overridden by certain kinds of utilitarian or environmental considerations than is the human right to life. On this view, it is wrong to kill animals for trivial reasons, but not wrong to do so when there is no other way of achieving a vital goal, such as the preservation of threatened species.

Another apparent point of inconsistency between the land ethic and the animal liberation movement involves the issue of whether sentience is a necessary, as well as sufficient, condition for the possession of moral rights. Animal liberationists sometimes maintain that it is, and that consequently plants, rivers, mountains and other elements of nature which are not themselves sentient (though they may contain sentient life forms) cannot have moral rights. Environmentalists, on the other hand, sometimes argue for the ascription of moral rights to even the nonsentient elements of the biosphere. Does this difference represent a genuine contradiction between the two approaches?

One argument that it does not is that the fact that a particular entity is not accorded moral rights does not imply that there are no sound reasons

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for protecting it from harm. Human health and survival alone requires that we place a high value on clean air, unpolluted land and water and crops, and on the maintenance of stable and diverse natural ecosystems. Furthermore, there are vital scientific, spiritual, aesthetic, and recreational values associated with the conservation of the natural world, values which cannot be dismissed as luxuries which benefit only the affluent portion of humanity. Once we realize how valuable nature is, it may seem immaterial whether or not we also wish to speak of its nonsentient elements as pos- sessing moral rights.

But there is a deeper issue here than the precise definition of the term “moral rights.” The issue is whether trees, rivers and the like ought to be protected only because of their value to us (and to other sentient animals), or whether they also have intrinsic value. That is, are they to be valued and protected because of what they are, or only because of what they are good for? Most environmentalists think that the natural world is intrinsically valuable, and that it is therefore wrong to wantonly destroy forests, streams, marshes and so on, even where doing so is not obviously inconsis- tent with the welfare of human beings. It is this conviction which finds expression in the claim that even nonsentient elements of nature have moral rights. Critics of the environmental movement, on the other hand, often insist that the value of the nonhuman world is purely instrumental, and that it is only sentimentalists who hold otherwise. . . .

This strictly instrumentalist view of the value of the nonhuman world is rejected by animal liberationists and environmentalists alike. The animal liberationists maintain that the sentience of many nonhuman animals con- stitutes a sufficient reason for regarding their needs and interests as wor- thy of our moral concern, and for assigning them certain moral rights. Sentience is, in this sense, a sufficient condition for the possession of intrinsic value. It does not follow from this that it is also a necessary condi- tion for having intrinsic value. It may be a necessary condition for having individual moral rights; certainly it is necessary for some rights, such as the right not to be subjected to unnecessary pain. But there is room to argue that even though mountains and trees are not subject to pleasure or pain, and hence do not have rights of the sort we ascribe to sentient beings, nev- ertheless they have intrinsic value of another sort, or for another reason. . . .

Furthermore, I would suggest that the claim that mountains and forests have intrinsic value of some sort is intuitively much more plausible than its denial.

One way to test your own intuitions, or unformulated convictions, about this claim is to consider a hypothetical case of the following sort. Suppose that a virilent virus, developed by some unwise researcher, has escaped into the environment and will inevitably extinguish all animal life (ourselves included) within a few weeks. Suppose further that this or some other scientist has developed another virus which, if released, would

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destroy all plant life as well, but more slowly, such that the effects of the second virus would not be felt until after the last animal was gone. If the second virus were released secretly, its release would do no further damage to the well-being of any sentient creature; no one would suffer, even from the knowledge that the plant kingdom is as doomed as we are. Finally, suppose that it is known with certainty that sentient life forms would never re-evolve on the earth (this time from plants), and that no sentient aliens will ever visit the planet. The question is would it be morally preferable, in such a case, not to release the second virus, even secretly? If we tend to think that it would be, that it would certainly be better to allow the plants to survive us than to render the earth utterly lifeless (except perhaps for the viruses), then we do not really believe that it is only sentient—let alone only human—beings which have intrinsic value.

This being the case, it is relatively unimportant whether we say that even nonsentient natural entities may have moral rights, or whether we say only that, because of their intrinsic value, they ought to be protected, even at some cost to certain human interests. Nevertheless, there is an argu- ment for preferring the latter way of speaking. It is that nonsentient enti- ties, not being subject to pleasure or pain and lacking any preferences with respect to what happens to them, cannot sensibly be said to have interests. The Gulf Stream or the south wind may have value because of their role in the natural order, but if they were to be somehow altered or destroyed, they would not experience suffering, or lose anything which it is in their interest to have. Thus, “harming” them would not be wrong in and of itself, but rather because of the kinds of environmental efforts which the land ethic stresses. In contrast, harm done to a sentient being has moral significance even if it has no further consequences whatsoever.

The position at which we have arrived represents a compromise between those animal liberationists who hold that only sentient beings have either intrinsic value or moral rights, and those environmentalists who ascribe both intrinsic value and moral rights to even the nonsentient ele- ments of nature. Mountains and trees should be protected not because they have moral rights, but because they are intrinsically—as well as instru- mentally—valuable.

So stated, the land ethic is fully compatible with the claim that individ- ual sentient animals have moral rights. Indeed, the two positions are com- plementary; each helps to remedy some of the apparent defects of the other. The animal liberation theory, for instance, does not in itself explain why we ought to protect not only individual animals, but also threatened species of plants as well as animals. The land ethic, on the other hand, fails to explain why it is wrong to inflict needless suffering or death even upon domestic animals, which may play little or no role in the maintenance of natural ecosystems, or only a negative role. Practices such as rearing ani- mals in conditions of severe confinement and discomfort, or subjecting

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them to painful experiments which have no significant scientific purpose, are wrong primarily because of the suffering inflicted upon individual sen- tient beings, and only secondarily because of any social or environmental damage they may incidentally cause.

Thus, it is clear that as we learn to extend our moral concern beyond the boundaries of our own species we shall have to take account of both the rights of individual animals and the value of those elements of the nat- ural world which are not themselves sentient. Respecting the interests of creatures who, like ourselves, are subject to pleasure and pain is in no way inconsistent with valuing and protecting the richness, diversity and stabil- ity of natural ecosystems. In many cases, such as the commercial slaughter of whales, there are both environmental and humane reasons for altering current practices. In other cases, in which humane and environmental considerations appear to point in opposite directions (for example, the case of the feral goats on the New Zealand islands), these factors must be weighed against each other, much as the rights of individual human beings must often be weighed against larger social needs. In no case does a concern for the environment preclude also considering the rights of individual animals; it may, for instance, be possible to trap and deport the goats alive, rather than killing them.

VI. Summary and Conclusion

I have argued that the environmentalist and animal liberationist perspec- tives are complementary, rather than essentially competitive or mutually inconsistent approaches towards a nonhomocentric moral theory. The claim that animals have certain moral rights, by virtue of their sentience, does not negate the fact that ecosystems are complexly unified wholes, in which one element generally cannot be damaged without causing reper- cussions elsewhere in the system. If sentience is a necessary, as well as suf- ficient, condition for having moral rights, then we cannot ascribe such rights to oceans, mountains and the like; yet we have a moral obligation to protect such natural resources from excessive damage at human hands, both because of their value to us and to future generations, and because they are intrinsically valuable, as elements of the planetary biosystem. It is not necessary to choose between regarding biological communities as uni- fied systems, analogous to organisms, and regarding them as containing many individual sentient creatures, each with its own separate needs and interests; for it is clearly both of these things at once. Only by combining the environmentalist and animal rights perspectives can we take account of the full range of moral considerations which ought to guide our inter- actions with the nonhuman world.

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destroy all plant life as well, but more slowly, such that the effects of the second virus would not be felt until after the last animal was gone. If the second virus were released secretly, its release would do no further damage to the well-being of any sentient creature; no one would suffer, even from the knowledge that the plant kingdom is as doomed as we are. Finally, suppose that it is known with certainty that sentient life forms would never re-evolve on the earth (this time from plants), and that no sentient aliens will ever visit the planet. The question is would it be morally preferable, in such a case, not to release the second virus, even secretly? If we tend to think that it would be, that it would certainly be better to allow the plants to survive us than to render the earth utterly lifeless (except perhaps for the viruses), then we do not really believe that it is only sentient—let alone only human—beings which have intrinsic value.

This being the case, it is relatively unimportant whether we say that even nonsentient natural entities may have moral rights, or whether we say only that, because of their intrinsic value, they ought to be protected, even at some cost to certain human interests. Nevertheless, there is an argu- ment for preferring the latter way of speaking. It is that nonsentient enti- ties, not being subject to pleasure or pain and lacking any preferences with respect to what happens to them, cannot sensibly be said to have interests. The Gulf Stream or the south wind may have value because of their role in the natural order, but if they were to be somehow altered or destroyed, they would not experience suffering, or lose anything which it is in their interest to have. Thus, “harming” them would not be wrong in and of itself, but rather because of the kinds of environmental efforts which the land ethic stresses. In contrast, harm done to a sentient being has moral significance even if it has no further consequences whatsoever.

The position at which we have arrived represents a compromise between those animal liberationists who hold that only sentient beings have either intrinsic value or moral rights, and those environmentalists who ascribe both intrinsic value and moral rights to even the nonsentient ele- ments of nature. Mountains and trees should be protected not because they have moral rights, but because they are intrinsically—as well as instru- mentally—valuable.

So stated, the land ethic is fully compatible with the claim that individ- ual sentient animals have moral rights. Indeed, the two positions are com- plementary; each helps to remedy some of the apparent defects of the other. The animal liberation theory, for instance, does not in itself explain why we ought to protect not only individual animals, but also threatened species of plants as well as animals. The land ethic, on the other hand, fails to explain why it is wrong to inflict needless suffering or death even upon domestic animals, which may play little or no role in the maintenance of natural ecosystems, or only a negative role. Practices such as rearing ani- mals in conditions of severe confinement and discomfort, or subjecting

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Mary Anne Warren, ‘‘The Rights of the Nonhuman World’’ (selection)

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them to painful experiments which have no significant scientific purpose, are wrong primarily because of the suffering inflicted upon individual sen- tient beings, and only secondarily because of any social or environmental damage they may incidentally cause.

Thus, it is clear that as we learn to extend our moral concern beyond the boundaries of our own species we shall have to take account of both the rights of individual animals and the value of those elements of the nat- ural world which are not themselves sentient. Respecting the interests of creatures who, like ourselves, are subject to pleasure and pain is in no way inconsistent with valuing and protecting the richness, diversity and stabil- ity of natural ecosystems. In many cases, such as the commercial slaughter of whales, there are both environmental and humane reasons for altering current practices. In other cases, in which humane and environmental considerations appear to point in opposite directions (for example, the case of the feral goats on the New Zealand islands), these factors must be weighed against each other, much as the rights of individual human beings must often be weighed against larger social needs. In no case does a concern for the environment preclude also considering the rights of individual animals; it may, for instance, be possible to trap and deport the goats alive, rather than killing them.

VI. Summary and Conclusion

I have argued that the environmentalist and animal liberationist perspec- tives are complementary, rather than essentially competitive or mutually inconsistent approaches towards a nonhomocentric moral theory. The claim that animals have certain moral rights, by virtue of their sentience, does not negate the fact that ecosystems are complexly unified wholes, in which one element generally cannot be damaged without causing reper- cussions elsewhere in the system. If sentience is a necessary, as well as suf- ficient, condition for having moral rights, then we cannot ascribe such rights to oceans, mountains and the like; yet we have a moral obligation to protect such natural resources from excessive damage at human hands, both because of their value to us and to future generations, and because they are intrinsically valuable, as elements of the planetary biosystem. It is not necessary to choose between regarding biological communities as uni- fied systems, analogous to organisms, and regarding them as containing many individual sentient creatures, each with its own separate needs and interests; for it is clearly both of these things at once. Only by combining the environmentalist and animal rights perspectives can we take account of the full range of moral considerations which ought to guide our inter- actions with the nonhuman world.

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� N O T E S

1. biosystem: the system of living beings [D. C. Abel, editor] 2. Aldo Leopold, A Sand County Almanac (New York: Oxford University

Press, 1949), p. 204 [M. A. Warren] 3. biotic: relating to life [D. C. Abel] 4. Leopold, A Sand County Almanac, p. 225 [M. A. Warren] 5. Here, as elsewhere in this paper, the terms “pleasure” and “pain”

should not be understood in the narrow sense in which they refer only to particular sorts of sensation, but rather as an abbreviated way of referring to the fulfillment or frustration, respectively, of the needs, interests and desires of sentient beings. [M. A. Warren]

6. See, for example, the selections by Jeremy Bentham, “A Utilitarian View”; John Stuart Mill, “A Defense of Bentham”; and Henry S. Salt, “The Humanities of Diet,” “Animal Rights,” and “The Logic of the Larder,” in Animal Rights and Human Obligations, ed. Tom Regan and Peter Singer (Englewood Cliffs, N.J.: Prentice-Hall, 1976). [M. A. Warren]

7. Utilitarianism is the doctrine that one should always act in a way that maximizes “utility,” which is understood as the greatest good for the greatest number. Jeremy Bentham (1748–1832) was an English jurist and philosopher, and John Stuart Mill (1806–1873) was an English philosopher and economist. [D. C. Abel]

8. J. Baird Callicott, “Animal Liberation: A Triangular Affair,” Environmental Ethics 2 (Winter 1980): 337 [M. A. Warren]

9. deontologist: a proponent of deontology, the doctrine that the morality of an action is determined by its intrinsic quality, rather than by some other factor, such as utility (see note 7) [D. C. Abel]

10. Peter Singer, Animal Liberation: A New Ethic for Our Treatment of Animals (New York: Avon, 1975), p. 9 [M. A. Warren]

11. Jeremy Bentham, The Principles of Morals and Legislation (1798), Chapter 17, Section 1, note [M. A. Warren]

12. Singer, Animal Liberation, p. 5 [M. A. Warren] 13. Peter Singer, “The Fable of the Fox,” Ethics 88 (January 1978): 122

[M. A. Warren] 14. Tom Regan, “Do Animals Have a Right to Life?” in Animal Rights and

Human Obligations, ed. Regan and Singer, p. 203 [M. A. Warren] 15. Singer, Animal Liberation, p. 3 [M. A. Warren] 16. Regan, “Do Animals Have a Right to Life?” pp. 197–204 [M. A.

Warren] 17. Ibid., p. 197 [M. A. Warren] 18. prima facie: on first appearance (literally, in Latin, “at first glance”).

To say that an action is prima facie morally wrong is to say that it is wrong unless overridden by another, stronger moral consideration. [D. C. Abel]

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19. T. L. S. Sprigge, “Metaphysics, Physicalism, and Animal Rights,” Inquiry 22 (Summer 1979): 101 [M. A. Warren]

20. Immanuel Kant (1724–1804) was a German philosopher. [D. C. Abel] 21. consequentialists: those who hold consequentialism, the doctrine that the

morality of an action is determined by its consequences [D. C. Abel] 22. Ruth Cigman, “Death, Misfortune, and Species Inequality,” Philosophy

and Public Affairs 1 (Winter 1981): 57–58 [M. A. Warren] 23. Brigid Brophy, “In Pursuit of a Fantasy,” in Animals, Men, and Morals,

ed. Stanley Godlovitch and Rosalind Godlovitch (New York: Taplinger, 1972), p. 129 [M. A. Warren]

24. H. J. McCloskey, “Moral Rights and Animals,” Inquiry 22 (Summer 1979): 31 [M. A. Warren]

25. Ibid., p. 29 [M. A. Warren] 26. Michael Fox, “Animal Liberation: A Critique,” Ethics 88 (January

1978): 111 [M. A. Warren] 27. Joel Feinberg, “The Rights of Animals and Unborn Generations,” in

Philosophy and Environmental Crisis, ed. William T. Blackstone (Athens: University of Georgia Press, 1974), pp. 46–47 [M. A. Warren]

28. contractualist theories of morality: theories that derive morality from a social contract, which is an agreement (hypothetical or actual) among individuals that establishes organized society [D. C. Abel]

29. Singer, Animal Liberation, pp. 75–76; Tom Regan, “An Examination and Defense of One Argument Concerning Animal Rights,” Inquiry 22 (Summer 1979): 189–217 [M. A. Warren]

30. Mary Anne Warren, “Do Potential People Have Moral Rights?” Canadian Journal of Philosophy 7 (June 1977): 275–289 [M. A. Warren]

31. Regan, “An Examination and Defense of One Argument Concerning Animal Rights,” p. 189 [M. A. Warren]

32. Alastair S. Gunn, “Why Should We Care about Rare Species,” Environmental Ethics 2 (Spring 1980): 36 [M. A. Warren]

33. Ibid., p. 37 [M. A. Warren]

The Rights of the Nonhuman World (selection): Reading 173

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� N O T E S

1. biosystem: the system of living beings [D. C. Abel, editor] 2. Aldo Leopold, A Sand County Almanac (New York: Oxford University

Press, 1949), p. 204 [M. A. Warren] 3. biotic: relating to life [D. C. Abel] 4. Leopold, A Sand County Almanac, p. 225 [M. A. Warren] 5. Here, as elsewhere in this paper, the terms “pleasure” and “pain”

should not be understood in the narrow sense in which they refer only to particular sorts of sensation, but rather as an abbreviated way of referring to the fulfillment or frustration, respectively, of the needs, interests and desires of sentient beings. [M. A. Warren]

6. See, for example, the selections by Jeremy Bentham, “A Utilitarian View”; John Stuart Mill, “A Defense of Bentham”; and Henry S. Salt, “The Humanities of Diet,” “Animal Rights,” and “The Logic of the Larder,” in Animal Rights and Human Obligations, ed. Tom Regan and Peter Singer (Englewood Cliffs, N.J.: Prentice-Hall, 1976). [M. A. Warren]

7. Utilitarianism is the doctrine that one should always act in a way that maximizes “utility,” which is understood as the greatest good for the greatest number. Jeremy Bentham (1748–1832) was an English jurist and philosopher, and John Stuart Mill (1806–1873) was an English philosopher and economist. [D. C. Abel]

8. J. Baird Callicott, “Animal Liberation: A Triangular Affair,” Environmental Ethics 2 (Winter 1980): 337 [M. A. Warren]

9. deontologist: a proponent of deontology, the doctrine that the morality of an action is determined by its intrinsic quality, rather than by some other factor, such as utility (see note 7) [D. C. Abel]

10. Peter Singer, Animal Liberation: A New Ethic for Our Treatment of Animals (New York: Avon, 1975), p. 9 [M. A. Warren]

11. Jeremy Bentham, The Principles of Morals and Legislation (1798), Chapter 17, Section 1, note [M. A. Warren]

12. Singer, Animal Liberation, p. 5 [M. A. Warren] 13. Peter Singer, “The Fable of the Fox,” Ethics 88 (January 1978): 122

[M. A. Warren] 14. Tom Regan, “Do Animals Have a Right to Life?” in Animal Rights and

Human Obligations, ed. Regan and Singer, p. 203 [M. A. Warren] 15. Singer, Animal Liberation, p. 3 [M. A. Warren] 16. Regan, “Do Animals Have a Right to Life?” pp. 197–204 [M. A.

Warren] 17. Ibid., p. 197 [M. A. Warren] 18. prima facie: on first appearance (literally, in Latin, “at first glance”).

To say that an action is prima facie morally wrong is to say that it is wrong unless overridden by another, stronger moral consideration. [D. C. Abel]

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19. T. L. S. Sprigge, “Metaphysics, Physicalism, and Animal Rights,” Inquiry 22 (Summer 1979): 101 [M. A. Warren]

20. Immanuel Kant (1724–1804) was a German philosopher. [D. C. Abel] 21. consequentialists: those who hold consequentialism, the doctrine that the

morality of an action is determined by its consequences [D. C. Abel] 22. Ruth Cigman, “Death, Misfortune, and Species Inequality,” Philosophy

and Public Affairs 1 (Winter 1981): 57–58 [M. A. Warren] 23. Brigid Brophy, “In Pursuit of a Fantasy,” in Animals, Men, and Morals,

ed. Stanley Godlovitch and Rosalind Godlovitch (New York: Taplinger, 1972), p. 129 [M. A. Warren]

24. H. J. McCloskey, “Moral Rights and Animals,” Inquiry 22 (Summer 1979): 31 [M. A. Warren]

25. Ibid., p. 29 [M. A. Warren] 26. Michael Fox, “Animal Liberation: A Critique,” Ethics 88 (January

1978): 111 [M. A. Warren] 27. Joel Feinberg, “The Rights of Animals and Unborn Generations,” in

Philosophy and Environmental Crisis, ed. William T. Blackstone (Athens: University of Georgia Press, 1974), pp. 46–47 [M. A. Warren]

28. contractualist theories of morality: theories that derive morality from a social contract, which is an agreement (hypothetical or actual) among individuals that establishes organized society [D. C. Abel]

29. Singer, Animal Liberation, pp. 75–76; Tom Regan, “An Examination and Defense of One Argument Concerning Animal Rights,” Inquiry 22 (Summer 1979): 189–217 [M. A. Warren]

30. Mary Anne Warren, “Do Potential People Have Moral Rights?” Canadian Journal of Philosophy 7 (June 1977): 275–289 [M. A. Warren]

31. Regan, “An Examination and Defense of One Argument Concerning Animal Rights,” p. 189 [M. A. Warren]

32. Alastair S. Gunn, “Why Should We Care about Rare Species,” Environmental Ethics 2 (Spring 1980): 36 [M. A. Warren]

33. Ibid., p. 37 [M. A. Warren]

The Rights of the Nonhuman World (selection): Reading 173

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The Rights of the Nonhuman World Mary Anne Warren

Reading Questions

According to Warren:

1. Why do sentient nonhuman animals have certain basic moral rights?

2. How does the right to liberty differ between human beings and animals? the right to life?

3. Why should we assign strong moral rights to “nonparadigm” human beings, such as infants and the incurably senile?

4. Why is it plausible that nonsentient natural entities such as mountains and valleys have some sort of intrinsic value? Why is it preferable to speak of their intrinsic value rather than of their moral rights?

5. How do the perspectives of “land-ethic” environmentalists and of animal liberationists complement each other?

Discussion Questions

In your own view:

1. Why is it wrong to intentionally cause needless suffering to human beings? Does the same reason apply to causing needless suffering to animals?

2. Is it morally wrong to kill animals purely for sport?

3. Do animals have moral rights?

4. Does having human moral rights depend on having specific qualities, such as rationality or autonomy? If so, do human beings who lack these qualities have moral rights?

5. Do nonsentient natural entities such as mountains and valleys have moral rights? Do they have intrinsic value?

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297BibliographyAbel: Discourses Applied Ethics and Social Ethics: The Environment and Animals

Mary Anne Warren, ‘‘The Rights of the Nonhuman World’’ (selection)

© The McGraw−Hill Companies, 2006

The Rights of the Nonhuman World Mary Anne Warren

Reading Questions

According to Warren:

1. Why do sentient nonhuman animals have certain basic moral rights?

2. How does the right to liberty differ between human beings and animals? the right to life?

3. Why should we assign strong moral rights to “nonparadigm” human beings, such as infants and the incurably senile?

4. Why is it plausible that nonsentient natural entities such as mountains and valleys have some sort of intrinsic value? Why is it preferable to speak of their intrinsic value rather than of their moral rights?

5. How do the perspectives of “land-ethic” environmentalists and of animal liberationists complement each other?

Discussion Questions

In your own view:

1. Why is it wrong to intentionally cause needless suffering to human beings? Does the same reason apply to causing needless suffering to animals?

2. Is it morally wrong to kill animals purely for sport?

3. Do animals have moral rights?

4. Does having human moral rights depend on having specific qualities, such as rationality or autonomy? If so, do human beings who lack these qualities have moral rights?

5. Do nonsentient natural entities such as mountains and valleys have moral rights? Do they have intrinsic value?

174 An Examined Life Critical Thinking and Ethics

BIBLIOGRAPHY

Mary Ann Warren. “The Rights of the Nonhuman World.” In Environmental Philosophy: A Collection of Readings, ed. Robert Elliot and Arran Gare. University Park: Pennsylvania State University Press, 1983.

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CHAPTER 10: Whose Life is It Anyway?

Euthanasia, Assisted Suicide, Suicide

INTRODUCTION

Faithful Fido, your family’s beloved old beagle, has been around as long as you can remember. He hasn’t been doing well lately, however, staying in a corner and moaning, not excited about going out and in fact obviously in pain. The veterinarian’s diagnosis is that Fido has metastatic stomach cancer, that is, cancer that has spread to other parts of his body. His condition is terminal, he will not get better but instead will continue living in increased pain until he dies. It is no secret in the medical community that pain killers are not effective in alleviating the sort of pain cancer brings, unless they are given in such a high dose that it is the patient who will be killed, not just the pain. Out of mercy and out of love, you ask the veterinarian to euthanize Fido. That course of action seems moral. It is legal, and perhaps above all, it is merciful.

Sebastian, your favorite uncle, has been around as long as you can remember. He hasn’t been well lately, however, staying in bed late after nights of poor sleep, no longer excited to get together with the family, always tired and in fact always in pain. The doctor’s diagnosis is that Uncle Sebastian has metastatic cancer which is spreading to his lymph glands and his bones. His condition is terminal, he will not get better but instead will go on living in increased pain until he dies. He himself would like to die rather than go through months of invasive, useless medical procedures that will only add to his pain. And yet, what seemed the right thing to do in the case of Fido the old beagle is illegal in most places, and it is also considered immoral by many. Are we treating dogs better than we treat people?

The question is difficult, and the answers are in a state of flux. In the case of Uncle Sebastian, there were two widely accepted options. Both illustrate what is at best a grey area in health care of people who are dying. One is the hospice movement, which has grown considerably in the last few decades. In hospice care, the patient is not put through any medical procedures or given any medications other than those that will make him or her less uncomfortable, that is, pain killers. Since Uncle Sebastian happened to be a doctor, he was put in charge of his own hospice care at home and thus in control of his pain medication. When the pain became unbearable, he gave himself enough morphine to die with dignity, at his home surrounded by family and friends rather than in a hospital connected to a myriad tubes. A patient who is not a doctor does not have that option, but he or she has another: a “Do Not Resuscitate” order signed by the patient and posted at the head of the hospital bed. That means that should the patient have the good fortune to have a heart attack and stop breathing, the doctors and nurses will

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299

do nothing to bring that patient back. With a strictly Kantian outlook, it can be said that the doctors did nothing in this case, that the patient died. That in fact the doctors killed him precisely by doing nothing is open to debate. DNR orders are common in hospitals in the United States, and they are legal.

Killing a patient is not legal, however, except in five states that have adopted “Death with Dignity” laws that allow for assisted suicide: Oregon, Montana, Washington, New Mexico and Vermont. There are “Death With Dignity” bills pending in Connecticut, Hawaii, Kansas, Massachusetts, and New Hampshire. In Canada, the British Columbia Supreme Court in 2012 overturned the Canadian law against assisted dying. In Europe, doctor- assisted suicide and voluntary active euthanasia are legal in the Netherlands, Belgium, Luxembourg, and Switzerland. The dissimilarities among countries have led to some painful legal dilemmas. Sir Edward Downes, the legendary music director of the BBC Philharmonic and a popular conductor at the Royal Opera House, Covent Garden, was severely ill, blind and deaf, in pain; his wife of 54 years, Joan, was diagnosed with terminal cancer. Sir Edward and Lady Joan decided to die together. They traveled to the Dignitas Clinic in Zurich in 2009, lay down together after drinking a clear liquid provided by the clinic, and died peacefully holding hands. Their son, who helped his parents obtain the hotel reservation in Switzerland for their final trip, was brought into Scotland Yard with a view to prosecuting him as an accessory to murder. He was cleared in 2010, using new guidelines now in place that state that anyone acting with compassion to help end the life of someone who has decided he or she cannot go on is “unlikely” to be charged. But the law is still in the books. In 2013, in Miami, Florida, a woman who tried to commit suicide and failed was arrested and charged with attempted manslaughter.

The arguments for and against assisted suicide and euthanasia are as powerful as they are clear. On the one hand, Kant’s categorical imperative reveals without any doubt the immorality of killing an innocent person— and who is more innocent than a patient? That, besides weaker Natural Law justifications, is the principle behind not only the law in most countries but also the traditions of the Jewish, Christian, and Muslim religions, all of whose holy scriptures forbid suicide. There have been glimmers of change, however slow: as early as 1957, Pope Pius XII used his encyclical authority to state that there is no moral obligation to apply “extraordinary measures” to dying patients. Pope John Paul II, as he lay dying in 2005, chose not to remain in the hospital with all the extraordinary measures provided by the most sophisticated medical technology available to extend his life. Instead, he went back to his apartments in the Vatican to die peacefully in his own bed.

“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. Over himself, over his own body and mind, the individual is sovereign.” John Stuart Mill

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Chapter 10: Whose Life is It Anyway? Euthanasia, Assisted Suicide, Suicide

That was his choice in any case, argue the utilitarians. If you don’t have a right to decide over your own life, what rights do you have? As the existentialist philosopher Albert Camus famously pointed out in the first line of his Myth of Sisyphus, suicide is the most important philosophical question— and it is always personal. The utilitarian argument stems from John Stuart Mill’s essay On Liberty, where he stated that “over himself, over his own body and mind, the individual is sovereign.” The argument for assisted suicide is classical utilitarianism at its clearest: Consider the consequences of the act, namely the end of pain and unhappiness for the individual who is actually suffering that pain and unhappiness. Is anyone else affected that directly? No. The decision, then, belongs to the individual.

“There is but one truly serious philosophical problem, and that is suicide…. All the rest comes afterwards.” Albert Camus

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The Wrongfulness of Euthanasia

J. Gay-Williams

J. Gay-Williams has requested that no biographical information be provided. Our reading is Gay-Williams’s 1979 article, “The Wrongfulness of Euthanasia.” Gay-

Williams begins by defining euthanasia as “intentionally taking the life of a presumably hopeless person”—a definition that rules out cases (sometimes called “passive euthanasia”) in which treatment is withheld from someone who has little chance of benefiting from it. Gay-Williams then gives three reasons why euthanasia is immoral. (1) It goes against our natural human inclinations: Since our bodily organization and natural behavioral responses are geared to keeping us alive, euthanasia contradicts our nature and our dignity. (2) It can be contrary to our self-interest: Our diagnosis or prognosis may be mistaken, a cure for our disease may soon be found, or the prospect of euthanasia may weaken our will to fight our disease. (3) Euthanasia as a social policy could have unfortunate practical effects: It could lead to a decline in the quality of care to seriously ill patients—and to other patients as well. Moreover, once voluntary euthanasia is socially accepted (taking the life of patients who wish to die), it may lead to the acceptance of involuntary euthanasia (taking the life of patients who do not wish to die). So while we may legitimately seek an “easeful death” for others and ourselves, we should not use killing as a means to this end.

My impression is that euthanasia—the idea, if not the practice—is slowly gaining acceptance within our society. Cynics might attribute this to an in- creasing tendency to devalue human life, but I do not believe this is the major factor. The acceptance is much more likely to be the result of un- thinking sympathy and benevolence. Well-publicized, tragic stories like that of Karen Quinlan1 elicit from us deep feelings of compassion. We think to ourselves, “She and her family would be better off if she were dead.” It is an easy step from this very human response to the view that if someone (and others) would be better off dead, then it must be all right to kill that per- son. Although I respect the compassion that leads to this conclusion, I be- lieve the conclusion is wrong. I want to show that euthanasia is wrong. It is inherently wrong, but it is also wrong judged from the standpoints of self- interest and of practical effects.

Before presenting my arguments to support this claim, it would be well to define “euthanasia.” An essential aspect of euthanasia is that it involves taking a human life, either one’s own or that of another. Also, the person whose life is taken must be someone who is believed to be suffering from some disease or injury from which recovery cannot reasonably be expect- ed. Finally, the action must be deliberate and intentional. Thus, euthanasia is intentionally taking the life of a presumably hopeless person. Whether the life is one’s own or that of another, the taking of it is still euthanasia.

J. Gay-Williams, “The Wrongfulness of Euthanasia,” from Intervention and Reflection: Basic Is- sues in Medical Ethics, Ronald Munson, 1992. Copyright © 1992. Used by permission.

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301The Wrongfulness of Euthanasia (complete): ReadingAbel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

J. Gay−Williams, ‘‘The Wrongfulness of Euthanasia’’ (complete)

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The Wrongfulness of Euthanasia

J. Gay-Williams

J. Gay-Williams has requested that no biographical information be provided. Our reading is Gay-Williams’s 1979 article, “The Wrongfulness of Euthanasia.” Gay-

Williams begins by defining euthanasia as “intentionally taking the life of a presumably hopeless person”—a definition that rules out cases (sometimes called “passive euthanasia”) in which treatment is withheld from someone who has little chance of benefiting from it. Gay-Williams then gives three reasons why euthanasia is immoral. (1) It goes against our natural human inclinations: Since our bodily organization and natural behavioral responses are geared to keeping us alive, euthanasia contradicts our nature and our dignity. (2) It can be contrary to our self-interest: Our diagnosis or prognosis may be mistaken, a cure for our disease may soon be found, or the prospect of euthanasia may weaken our will to fight our disease. (3) Euthanasia as a social policy could have unfortunate practical effects: It could lead to a decline in the quality of care to seriously ill patients—and to other patients as well. Moreover, once voluntary euthanasia is socially accepted (taking the life of patients who wish to die), it may lead to the acceptance of involuntary euthanasia (taking the life of patients who do not wish to die). So while we may legitimately seek an “easeful death” for others and ourselves, we should not use killing as a means to this end.

My impression is that euthanasia—the idea, if not the practice—is slowly gaining acceptance within our society. Cynics might attribute this to an in- creasing tendency to devalue human life, but I do not believe this is the major factor. The acceptance is much more likely to be the result of un- thinking sympathy and benevolence. Well-publicized, tragic stories like that of Karen Quinlan1 elicit from us deep feelings of compassion. We think to ourselves, “She and her family would be better off if she were dead.” It is an easy step from this very human response to the view that if someone (and others) would be better off dead, then it must be all right to kill that per- son. Although I respect the compassion that leads to this conclusion, I be- lieve the conclusion is wrong. I want to show that euthanasia is wrong. It is inherently wrong, but it is also wrong judged from the standpoints of self- interest and of practical effects.

Before presenting my arguments to support this claim, it would be well to define “euthanasia.” An essential aspect of euthanasia is that it involves taking a human life, either one’s own or that of another. Also, the person whose life is taken must be someone who is believed to be suffering from some disease or injury from which recovery cannot reasonably be expect- ed. Finally, the action must be deliberate and intentional. Thus, euthanasia is intentionally taking the life of a presumably hopeless person. Whether the life is one’s own or that of another, the taking of it is still euthanasia.

J. Gay-Williams, “The Wrongfulness of Euthanasia,” from Intervention and Reflection: Basic Is- sues in Medical Ethics, Ronald Munson, 1992. Copyright © 1992. Used by permission.

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It is important to be clear about the deliberate and intentional aspect of the killing. If a hopeless person is given an injection of the wrong drug by mistake and this causes his death, this is wrongful killing but not eu- thanasia. The killing cannot be the result of accident. Furthermore, if the person is given an injection of a drug that is believed to be necessary to treat his disease or better his condition and the person dies as a result, then this is neither wrongful killing nor euthanasia. The intention was to make the patient well, not kill him. Similarly, when a patient’s condition is such that it is not reasonable to hope that any medical procedures or treat- ments will save his life, a failure to implement the procedures or treat- ments is not euthanasia. If the person dies, this will be as a result of his in- juries or disease and not because of his failure to receive treatment.

The failure to continue treatment after it has been realized that the pa- tient has little chance of benefitting from it has been characterized by some as “passive euthanasia.” This phrase is misleading and mistaken. In such cases, the person involved is not killed (the first essential aspect of eu- thanasia), nor is the death of the person intended by the withholding of additional treatment (the third essential aspect of euthanasia). The aim may be to spare the person additional and unjustifiable pain, to save him from the indignities of hopeless manipulations, and to avoid increasing the financial and emotional burden on his family. When I buy a pencil it is so that I can use it to write, not to contribute to an increase in the gross na- tional product. This may be the unintended consequence of my action, but it is not the aim of my action. So it is with failing to continue the treatment of a dying person. I intend his death no more than I intend to reduce the GNP by not using medical supplies. His is an unintended dying, and so- called “passive euthanasia” is not euthanasia at all.

1. The Argument from Nature

Every human being has a natural inclination to continue living. Our reflexes and responses fit us to fight attackers, flee wild animals, and dodge out of the way of trucks. In our daily lives we exercise the caution and care necessary to protect ourselves. Our bodies are similarly structured for sur- vival right down to the molecular level. When we are cut, our capillaries seal shut, our blood clots, and fibrogen is produced to start the process of healing the wound. When we are invaded by bacteria, antibodies are pro- duced to fight against the alien organisms, and their remains are swept out of the body by special cells designed for clean-up work.

Euthanasia does violence to this natural goal of survival. It is literally acting against nature because all the processes of nature are bent towards the end of bodily survival. Euthanasia defeats these subtle mechanisms in a way that, in a particular case, disease and injury might not.

It is possible, but not necessary, to make an appeal to revealed religion in this connection. Man as trustee of his body acts against God, its rightful possessor, when he takes his own life. He also violates the commandment

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to hold life sacred and never to take it without just and compelling cause. But since this appeal will persuade only those who are prepared to accept that religion has access to revealed truths, I shall not employ this line of ar- gument.

It is enough, I believe, to recognize that the organization of the human body and our patterns of behavioral responses make the continuation of life a natural goal. By reason alone, then, we can recognize that euthanasia sets us against our own nature. Furthermore, in doing so, euthanasia does violence to our dignity. Our dignity comes from seeking our ends. When one of our goals is survival, and actions are taken that eliminate that goal, then our natural dignity suffers. Unlike animals, we are conscious through reason of our nature and our ends. Euthanasia involves acting as if this dual nature—inclination towards survival and awareness of this as an end—did not exist. Thus, euthanasia denies our basic human character and requires that we regard ourselves or others as something less than fully human.

2. The Argument from Self-Interest

The above arguments are, I believe, sufficient to show that euthanasia is in- herently wrong. But there are reasons for considering it wrong when judged by standards other than reason. Because death is final and irre- versible, euthanasia contains within it the possibility that we will work against our own interest if we practice it or allow it to be practiced on us.

Contemporary medicine has high standards of excellence and a proven record of accomplishment, but it does not possess perfect and com- plete knowledge. A mistaken diagnosis is possible, and so is a mistaken prognosis. Consequently, we may believe that we are dying of a disease when, as a matter of fact, we may not be. We may think that we have no hope of recovery when, as a matter of fact, our chances are quite good. In such circumstances, if euthanasia were permitted, we would die needlessly. Death is final and the chance of error too great to approve the practice of euthanasia.

Also, there is always the possibility that an experimental procedure or a hitherto untried technique will pull us through. We should at least keep this option open, but euthanasia closes it off. Furthermore, spontaneous remission does occur in many cases. For no apparent reason, a patient sim- ply recovers when those all around him, including his physicians, expected him to die. Euthanasia would just guarantee their expectations and leave no room for the “miraculous” recoveries that frequently occur.

Finally, knowing that we can take our life at any time (or ask another to take it) might well incline us to give up too easily. The will to live is strong in all of us, but it can be weakened by pain and suffering and feelings of hopelessness. If during a bad time we allow ourselves to be killed, we never have a chance to reconsider. Recovery from a serious illness requires that we fight for it, and anything that weakens our determination by suggesting

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It is important to be clear about the deliberate and intentional aspect of the killing. If a hopeless person is given an injection of the wrong drug by mistake and this causes his death, this is wrongful killing but not eu- thanasia. The killing cannot be the result of accident. Furthermore, if the person is given an injection of a drug that is believed to be necessary to treat his disease or better his condition and the person dies as a result, then this is neither wrongful killing nor euthanasia. The intention was to make the patient well, not kill him. Similarly, when a patient’s condition is such that it is not reasonable to hope that any medical procedures or treat- ments will save his life, a failure to implement the procedures or treat- ments is not euthanasia. If the person dies, this will be as a result of his in- juries or disease and not because of his failure to receive treatment.

The failure to continue treatment after it has been realized that the pa- tient has little chance of benefitting from it has been characterized by some as “passive euthanasia.” This phrase is misleading and mistaken. In such cases, the person involved is not killed (the first essential aspect of eu- thanasia), nor is the death of the person intended by the withholding of additional treatment (the third essential aspect of euthanasia). The aim may be to spare the person additional and unjustifiable pain, to save him from the indignities of hopeless manipulations, and to avoid increasing the financial and emotional burden on his family. When I buy a pencil it is so that I can use it to write, not to contribute to an increase in the gross na- tional product. This may be the unintended consequence of my action, but it is not the aim of my action. So it is with failing to continue the treatment of a dying person. I intend his death no more than I intend to reduce the GNP by not using medical supplies. His is an unintended dying, and so- called “passive euthanasia” is not euthanasia at all.

1. The Argument from Nature

Every human being has a natural inclination to continue living. Our reflexes and responses fit us to fight attackers, flee wild animals, and dodge out of the way of trucks. In our daily lives we exercise the caution and care necessary to protect ourselves. Our bodies are similarly structured for sur- vival right down to the molecular level. When we are cut, our capillaries seal shut, our blood clots, and fibrogen is produced to start the process of healing the wound. When we are invaded by bacteria, antibodies are pro- duced to fight against the alien organisms, and their remains are swept out of the body by special cells designed for clean-up work.

Euthanasia does violence to this natural goal of survival. It is literally acting against nature because all the processes of nature are bent towards the end of bodily survival. Euthanasia defeats these subtle mechanisms in a way that, in a particular case, disease and injury might not.

It is possible, but not necessary, to make an appeal to revealed religion in this connection. Man as trustee of his body acts against God, its rightful possessor, when he takes his own life. He also violates the commandment

The Wrongfulness of Euthanasia (complete): Reading 291 Abel: Discourses Applied Ethics and Social Ethics: Euthanasia J. Gay−Williams, ‘‘The Wrongfulness of Euthanasia’’ (complete)

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to hold life sacred and never to take it without just and compelling cause. But since this appeal will persuade only those who are prepared to accept that religion has access to revealed truths, I shall not employ this line of ar- gument.

It is enough, I believe, to recognize that the organization of the human body and our patterns of behavioral responses make the continuation of life a natural goal. By reason alone, then, we can recognize that euthanasia sets us against our own nature. Furthermore, in doing so, euthanasia does violence to our dignity. Our dignity comes from seeking our ends. When one of our goals is survival, and actions are taken that eliminate that goal, then our natural dignity suffers. Unlike animals, we are conscious through reason of our nature and our ends. Euthanasia involves acting as if this dual nature—inclination towards survival and awareness of this as an end—did not exist. Thus, euthanasia denies our basic human character and requires that we regard ourselves or others as something less than fully human.

2. The Argument from Self-Interest

The above arguments are, I believe, sufficient to show that euthanasia is in- herently wrong. But there are reasons for considering it wrong when judged by standards other than reason. Because death is final and irre- versible, euthanasia contains within it the possibility that we will work against our own interest if we practice it or allow it to be practiced on us.

Contemporary medicine has high standards of excellence and a proven record of accomplishment, but it does not possess perfect and com- plete knowledge. A mistaken diagnosis is possible, and so is a mistaken prognosis. Consequently, we may believe that we are dying of a disease when, as a matter of fact, we may not be. We may think that we have no hope of recovery when, as a matter of fact, our chances are quite good. In such circumstances, if euthanasia were permitted, we would die needlessly. Death is final and the chance of error too great to approve the practice of euthanasia.

Also, there is always the possibility that an experimental procedure or a hitherto untried technique will pull us through. We should at least keep this option open, but euthanasia closes it off. Furthermore, spontaneous remission does occur in many cases. For no apparent reason, a patient sim- ply recovers when those all around him, including his physicians, expected him to die. Euthanasia would just guarantee their expectations and leave no room for the “miraculous” recoveries that frequently occur.

Finally, knowing that we can take our life at any time (or ask another to take it) might well incline us to give up too easily. The will to live is strong in all of us, but it can be weakened by pain and suffering and feelings of hopelessness. If during a bad time we allow ourselves to be killed, we never have a chance to reconsider. Recovery from a serious illness requires that we fight for it, and anything that weakens our determination by suggesting

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Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

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© The McGraw−Hill Companies, 2006

that there is an easy way out is ultimately against our own interest. Also, we may be inclined towards euthanasia because of our concern for others. If we see our sickness and suffering as an emotional and financial burden on our family, we may feel that to leave our life is to make their lives easier. The very presence of the possibility of euthanasia may keep us from surviv- ing when we might.

3. The Argument from Practical Effects

Doctors and nurses are, for the most part, totally committed to saving lives. A life lost is, for them, almost a personal failure, an insult to their skills and knowledge. Euthanasia as a practice might well alter this. It could have a corrupting influence so that in any case that is severe doctors and nurses might not try hard enough to save the patient. They might decide that the patient would simply be “better off dead” and take the steps necessary to make that come about. This attitude could then carry over to their deal- ings with patients less seriously ill. The result would be an overall decline in the quality of medical care.

Finally, euthanasia as a policy is a slippery slope.2 A person apparently hopelessly ill may be allowed to take his own life. Then he may be permit- ted to deputize others to do it for him should he no longer be able to act. The judgment of others then becomes the ruling factor. Already at this point euthanasia is not personal and voluntary, for others are acting “on behalf of” the patient as they see fit. This may well incline them to act on behalf of other patients who have not authorized them to exercise their judgment. It is only a short step, then, from voluntary euthanasia (self- inflicted or authorized), to directed euthanasia administered to a patient who has given no authorization, to involuntary euthanasia conducted as part of a social policy. Recently many psychiatrists and sociologists have ar- gued that we define as “mental illness” those forms of behavior that we dis- approve of.3 This gives us license then to lock up those who display the be- havior. The category of the “hopelessly ill” provides the possibility of even worse abuse. Embedded in a social policy, it would give society or its repre- sentatives the authority to eliminate all those who might be considered too “ill” to function normally any longer. The dangers of euthanasia are too great to all to run the risk of approving it in any form. The first slippery step may well lead to a serious and harmful fall.

I hope that I have succeeded in showing why the benevolence that in- clines us to give approval of euthanasia is misplaced. Euthanasia is inher- ently wrong because it violates the nature and dignity of human beings. But even those who are not convinced by this must be persuaded that the potential personal and social dangers inherent in euthanasia are sufficient to forbid our approving it either as a personal practice or as a public policy.

Suffering is surely a terrible thing, and we have a clear duty to comfort those in need and to ease their suffering when we can. But suffering is also

The Wrongfulness of Euthanasia (complete): Reading 293 Abel: Discourses Applied Ethics and Social Ethics: Euthanasia J. Gay−Williams, ‘‘The Wrongfulness of Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

a natural part of life with values for the individual and for others that we should not overlook. We may legitimately seek for others and for ourselves an easeful death, as Arthur Dyck has pointed out.4 Euthanasia, however, is not just an easeful death. It is a wrongful death. Euthanasia is not just dying. It is killing.

NOTES

1. Karen Quinlan was a young woman from New Jersey who in 1975 suf- fered severe brain damage, became comatose, and seemed unlikely ever to regain consciousness. Her parents sought authorization from the courts to remove her from the mechanical respirator that kept her breathing. The case ultimately went to the New Jersey Supreme Court, which in 1976 authorized removal of the respirator. Quinlan continued to breathe without the respirator; she lived for nine more years (with in- travenous feeding) but never regained consciousness. [D.C.A., ed.]

2. To call a policy a “slippery slope” is to claim that it will inevitably lead to a similar but less desirable policy, which will in turn lead to even less de- sirable policy, and so on, until one slips down to the bottom of the “slope” and ends up in a thoroughly undesirable state of affairs. [D.C.A.]

3. See, for example, Thomas S. Szasz, The Myth of Mental Illness, 2d ed. (New York: Harper & Row, 1974).[J.G-W.]

4. Arthur Dyck, “Beneficent Euthanasia and Benemortasia,” in Beneficent Euthanasia, ed. Marvin Kohl (Buffalo, N.Y.: Prometheus, 1975), pp. 117–129. [J.G-W.]

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that there is an easy way out is ultimately against our own interest. Also, we may be inclined towards euthanasia because of our concern for others. If we see our sickness and suffering as an emotional and financial burden on our family, we may feel that to leave our life is to make their lives easier. The very presence of the possibility of euthanasia may keep us from surviv- ing when we might.

3. The Argument from Practical Effects

Doctors and nurses are, for the most part, totally committed to saving lives. A life lost is, for them, almost a personal failure, an insult to their skills and knowledge. Euthanasia as a practice might well alter this. It could have a corrupting influence so that in any case that is severe doctors and nurses might not try hard enough to save the patient. They might decide that the patient would simply be “better off dead” and take the steps necessary to make that come about. This attitude could then carry over to their deal- ings with patients less seriously ill. The result would be an overall decline in the quality of medical care.

Finally, euthanasia as a policy is a slippery slope.2 A person apparently hopelessly ill may be allowed to take his own life. Then he may be permit- ted to deputize others to do it for him should he no longer be able to act. The judgment of others then becomes the ruling factor. Already at this point euthanasia is not personal and voluntary, for others are acting “on behalf of” the patient as they see fit. This may well incline them to act on behalf of other patients who have not authorized them to exercise their judgment. It is only a short step, then, from voluntary euthanasia (self- inflicted or authorized), to directed euthanasia administered to a patient who has given no authorization, to involuntary euthanasia conducted as part of a social policy. Recently many psychiatrists and sociologists have ar- gued that we define as “mental illness” those forms of behavior that we dis- approve of.3 This gives us license then to lock up those who display the be- havior. The category of the “hopelessly ill” provides the possibility of even worse abuse. Embedded in a social policy, it would give society or its repre- sentatives the authority to eliminate all those who might be considered too “ill” to function normally any longer. The dangers of euthanasia are too great to all to run the risk of approving it in any form. The first slippery step may well lead to a serious and harmful fall.

I hope that I have succeeded in showing why the benevolence that in- clines us to give approval of euthanasia is misplaced. Euthanasia is inher- ently wrong because it violates the nature and dignity of human beings. But even those who are not convinced by this must be persuaded that the potential personal and social dangers inherent in euthanasia are sufficient to forbid our approving it either as a personal practice or as a public policy.

Suffering is surely a terrible thing, and we have a clear duty to comfort those in need and to ease their suffering when we can. But suffering is also

The Wrongfulness of Euthanasia (complete): Reading 293 Abel: Discourses Applied Ethics and Social Ethics: Euthanasia J. Gay−Williams, ‘‘The Wrongfulness of Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

a natural part of life with values for the individual and for others that we should not overlook. We may legitimately seek for others and for ourselves an easeful death, as Arthur Dyck has pointed out.4 Euthanasia, however, is not just an easeful death. It is a wrongful death. Euthanasia is not just dying. It is killing.

NOTES

1. Karen Quinlan was a young woman from New Jersey who in 1975 suf- fered severe brain damage, became comatose, and seemed unlikely ever to regain consciousness. Her parents sought authorization from the courts to remove her from the mechanical respirator that kept her breathing. The case ultimately went to the New Jersey Supreme Court, which in 1976 authorized removal of the respirator. Quinlan continued to breathe without the respirator; she lived for nine more years (with in- travenous feeding) but never regained consciousness. [D.C.A., ed.]

2. To call a policy a “slippery slope” is to claim that it will inevitably lead to a similar but less desirable policy, which will in turn lead to even less de- sirable policy, and so on, until one slips down to the bottom of the “slope” and ends up in a thoroughly undesirable state of affairs. [D.C.A.]

3. See, for example, Thomas S. Szasz, The Myth of Mental Illness, 2d ed. (New York: Harper & Row, 1974).[J.G-W.]

4. Arthur Dyck, “Beneficent Euthanasia and Benemortasia,” in Beneficent Euthanasia, ed. Marvin Kohl (Buffalo, N.Y.: Prometheus, 1975), pp. 117–129. [J.G-W.]

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James Rachels, ‘‘Active and Passive Euthanasia’’ (complete)

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Active and Passive Euthanasia

James Rachels

James Rachels was born in Columbus, Georgia, in 1941. He attended Mercer University in Macon, receiving his bachelor’s degree in 1962. He then began doctoral studies in philosophy at the University of North Carolina at Chapel Hill, completing his Ph.D. in 1967. Rachels has held appointments at the University of Richmond (1966 – 1968), New York University (1968 – 1972), and the University of Miami (1972 – 1977). Since 1977 he has been at the University of Alabama at Birmingham, where he is currently University Professor of Philosophy.

Rachels’s publications include Moral Problems: A Collection of Philosophical Essays (ed- itor, 1971; 3d ed., 1979), Understanding Moral Philosophy (1976), The End of Life: Euthana- sia and Morality (1986), The Elements of Moral Philosophy (1986), The Right Thing to Do: Basic Readings in Moral Philosophy (editor, 1989), Created from Animals: The Moral Implica- tions of Darwinism (1990).

Our reading is Rachels’s 1975 article, ‘‘Active and Passive Euthanasia.’’ To commit active euthanasia is to take direct action to end the life of a suffering patient; to com- mit passive euthanasia is to withhold medical treatment and allow the patient to die. The commonly held view, Rachels explains, is that the former is always immoral be- cause it is killing, while the latter is sometimes morally permissible because it is simply letting die. Rachels gives four reasons why he rejects this traditional moral distinction between active and passive euthanasia (a distinction he finds endorsed in an official policy statement of the American Medical Association). First, active euthanasia is some- times more merciful — and therefore more moral — than passive euthanasia. Second, the conventional doctrine leads people to make decisions about life and death on ir- relevant grounds. Third, the difference between killing someone and letting that per- son die is not, in itself, an important moral difference. Finally, he finds unsound the arguments commonly given to support the traditional distinction between active and passive euthanasia.

The distinction between active and passive euthanasia is thought to be cru- cial for medical ethics. The idea is that it is permissible, at least in some cases, to withhold treatment and allow a patient to die, but it is never permissible to take any direct action designed to kill the patient. This doctrine seems to be accepted by most doctors, and it is endorsed in a statement adopted by the House of Delegates of the American Medical Association on December 4, 1973:

The intentional termination of the life of one human being by another — mercy killing — is contrary to that for which the medical profession stands and is contrary to the policy of the American Medical Association.

The cessation of the employment of extraordinary means to prolong the life of the body when there is irrefutable evidence that biological death is imminent is the

From Rachels, James, ‘‘Active and Passive Euthanasia,’’ NEJM, vol. 292, pp. 78 – 80, 1975. Copyright 1975. Massachusetts Medical Society.

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© The McGraw−Hill Companies, 2006

The Wrongfulness of Euthanasia J. Gay-Williams

Reading Questions

According to Gay-Williams:

1. Why is what is commonly called “passive euthanasia” not really euthanasia?

2. How does euthanasia violate our natural tendencies as an organism?

3. How does euthanasia violate human dignity?

4. In what three ways could euthanasia work against our self-interest?

5. What two kinds of adverse practical effects could result from euthanasia?

Discussion Questions

In your own view:

1. If a terminally ill person is in severe pain, do we violate the person’s natural human tendencies if we end his or her life in order to end the suffering?

2. Does euthanasia necessarily violate human dignity?

3. Is the possibility of a mistaken diagnosis or prognosis a sufficient reason not to perform euthanasia on a person who is suffering severely from a terminal illness for which there is no known cure and who wants euthanasia?

4. Would the legalization of voluntary euthanasia probably lead to society’s acceptance of involuntary euthanasia in some cases?

5. Should the possibility of a painful death be accepted as “a natural part of life”?

The Wrongfulness of Euthanasia (complete): Reading 295

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Active and Passive Euthanasia (complete): Reading 307Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

James Rachels, ‘‘Active and Passive Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

Active and Passive Euthanasia

James Rachels

James Rachels was born in Columbus, Georgia, in 1941. He attended Mercer University in Macon, receiving his bachelor’s degree in 1962. He then began doctoral studies in philosophy at the University of North Carolina at Chapel Hill, completing his Ph.D. in 1967. Rachels has held appointments at the University of Richmond (1966 – 1968), New York University (1968 – 1972), and the University of Miami (1972 – 1977). Since 1977 he has been at the University of Alabama at Birmingham, where he is currently University Professor of Philosophy.

Rachels’s publications include Moral Problems: A Collection of Philosophical Essays (ed- itor, 1971; 3d ed., 1979), Understanding Moral Philosophy (1976), The End of Life: Euthana- sia and Morality (1986), The Elements of Moral Philosophy (1986), The Right Thing to Do: Basic Readings in Moral Philosophy (editor, 1989), Created from Animals: The Moral Implica- tions of Darwinism (1990).

Our reading is Rachels’s 1975 article, ‘‘Active and Passive Euthanasia.’’ To commit active euthanasia is to take direct action to end the life of a suffering patient; to com- mit passive euthanasia is to withhold medical treatment and allow the patient to die. The commonly held view, Rachels explains, is that the former is always immoral be- cause it is killing, while the latter is sometimes morally permissible because it is simply letting die. Rachels gives four reasons why he rejects this traditional moral distinction between active and passive euthanasia (a distinction he finds endorsed in an official policy statement of the American Medical Association). First, active euthanasia is some- times more merciful — and therefore more moral — than passive euthanasia. Second, the conventional doctrine leads people to make decisions about life and death on ir- relevant grounds. Third, the difference between killing someone and letting that per- son die is not, in itself, an important moral difference. Finally, he finds unsound the arguments commonly given to support the traditional distinction between active and passive euthanasia.

The distinction between active and passive euthanasia is thought to be cru- cial for medical ethics. The idea is that it is permissible, at least in some cases, to withhold treatment and allow a patient to die, but it is never permissible to take any direct action designed to kill the patient. This doctrine seems to be accepted by most doctors, and it is endorsed in a statement adopted by the House of Delegates of the American Medical Association on December 4, 1973:

The intentional termination of the life of one human being by another — mercy killing — is contrary to that for which the medical profession stands and is contrary to the policy of the American Medical Association.

The cessation of the employment of extraordinary means to prolong the life of the body when there is irrefutable evidence that biological death is imminent is the

From Rachels, James, ‘‘Active and Passive Euthanasia,’’ NEJM, vol. 292, pp. 78 – 80, 1975. Copyright 1975. Massachusetts Medical Society.

Active and Passive Euthanasia (complete): Reading 175Abel: Discourses Applied Ethics and Social Ethics: Euthanasia J. Gay−Williams, ‘‘The Wrongfulness of Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

The Wrongfulness of Euthanasia J. Gay-Williams

Reading Questions

According to Gay-Williams:

1. Why is what is commonly called “passive euthanasia” not really euthanasia?

2. How does euthanasia violate our natural tendencies as an organism?

3. How does euthanasia violate human dignity?

4. In what three ways could euthanasia work against our self-interest?

5. What two kinds of adverse practical effects could result from euthanasia?

Discussion Questions

In your own view:

1. If a terminally ill person is in severe pain, do we violate the person’s natural human tendencies if we end his or her life in order to end the suffering?

2. Does euthanasia necessarily violate human dignity?

3. Is the possibility of a mistaken diagnosis or prognosis a sufficient reason not to perform euthanasia on a person who is suffering severely from a terminal illness for which there is no known cure and who wants euthanasia?

4. Would the legalization of voluntary euthanasia probably lead to society’s acceptance of involuntary euthanasia in some cases?

5. Should the possibility of a painful death be accepted as “a natural part of life”?

The Wrongfulness of Euthanasia (complete): Reading 295

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics308 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

James Rachels, ‘‘Active and Passive Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

decision of the patient and/or his immediate family. The advice and judgment of the physician should be freely available to the patient and/or his immediate family.

However, a strong case can be made against this doctrine. In what follows, I will set out some of the relevant arguments and urge doctors to reconsider their views on this matter.

To begin with a familiar type of situation, a patient who is dying of incurable cancer of the throat is in terrible pain, which can no longer be satisfactorily alleviated. He is certain to die within a few days, even if present treatment is continued, but he does not want to go on living for those days since the pain is unbearable. So he asks the doctor for an end to it, and his family joins in the request.

Suppose the doctor agrees to withhold treatment, as the conventional doctrine says he may. The justification for his doing so is that the patient is in terrible agony, and since he is going to die anyway, it would be wrong to prolong his suffering needlessly. But now notice this. If one simply withholds treatment, it may take the patient longer to die, and so he may suffer more than he would if more direct action were taken and a lethal injection given. This fact provides strong reason for thinking that, once the initial decision not to prolong his agony has been made, active euthanasia is actually prefer- able to passive euthanasia, rather than the reverse. To say otherwise is to endorse the option that leads to more suffering rather than less, and is contrary to the humanitarian impulse that prompts the decision not to pro- long his life in the first place.

Part of my point is that the process of being ‘‘allowed to die’’ can be relatively slow and painful, whereas being given a lethal injection is relatively quick and painless. Let me give a different sort of example. In the United States about one in 600 babies is born with Down’s syndrome. Most of these babies are otherwise healthy — that is, with only the usual pediatric care, they will proceed to an otherwise normal infancy. Some, however, are born with congenital defects such as intestinal obstructions that require operations if they are to live. Sometimes, the parents and the doctor will decide not to operate, and let the infant die. Anthony Shaw describes what happens then:

. . . When surgery is denied [the doctor] must try to keep the infant from suffering while natural forces sap the baby’s life away. As a surgeon whose natural inclination is to use the scalpel to fight off death, standing by and watching a salvageable baby die is the most emotionally exhausting experience I know. It is easy at a conference, in a theoretical discussion, to decide that such infants should be allowed to die. It is altogether different to stand by in the nursery and watch as dehydration and infec- tion wither a tiny being over hours and days. This is a terrible ordeal for me and the hospital staff — much more so than for the parents who never set foot in the nur- sery.1

I can understand why some people are opposed to all euthanasia, and insist that such infants must be allowed to live. I think I can also understand why other people favor destroying these babies quickly and painlessly. But why

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should anyone favor letting ‘‘dehydration and infection wither a tiny being over hours and days’’ ? The doctrine that says that a baby may be allowed to dehydrate and wither, but may not be given an injection that would end its life without suffering, seems so patently cruel as to require no further refuta- tion. The strong language is not intended to offend, but only to put the point in the clearest possible way.

My second argument is that the conventional doctrine leads to decisions concerning life and death made on irrelevant grounds.

Consider again the case of the infants with Down’s syndrome who need operations for congenital defects unrelated to the syndrome to live. Some- times, there is no operation, and the baby dies, but when there is no such defect, the baby lives on. Now, an operation such as that to remove an intestinal obstruction is not prohibitively difficult. The reason why such operations are not performed in these cases is, clearly, that the child has Down’s syndrome and the parents and doctor judge that because of that fact it is better for the child to die.

But notice that this situation is absurd, no matter what view one takes of the lives and potentials of such babies. If the life of such an infant is worth preserving, what does it matter if it needs a simple operation? Or, if one thinks it better that such a baby should not live on, what difference does it make that it happens to have an unobstructed intestinal tract? In either case, the matter of life and death is being decided on irrelevant grounds. It is the Down’s syndrome, and not the intestines, that is the issue. The matter should be decided, if at all, on that basis, and not be allowed to depend on the essentially irrelevant question of whether the intestinal tract is blocked.

What makes this situation possible, of course, is the idea that when there is an intestinal blockage, one can ‘‘let the baby die,’’ but when there is no such defect there is nothing that can be done, for one must not ‘‘kill’’ it. The fact that this idea leads to such results as deciding life or death on irrelevant grounds is another good reason why the doctrine should be rejected.

One reason why so many people think that there is an important moral difference between active and passive euthanasia is that they think killing someone is morally worse than letting someone die. But is it? Is killing, in itself, worse than letting die? To investigate this issue, two cases may be considered that are exactly alike except that one involves killing whereas the other involves letting someone die. Then, it can be asked whether this dif- ference makes any difference to the moral assessments. It is important that the cases be exactly alike, except for this one difference, since otherwise one cannot be confident that it is this difference and not some other that ac- counts for any variation in the assessments of the two cases. So, let us con- sider this pair of cases:

In the first, Smith stands to gain a large inheritance if anything should happen to his six-year-old cousin. One evening while the child is taking his bath, Smith sneaks into the bathroom and drowns the child, and then arranges things so that it will look like an accident.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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decision of the patient and/or his immediate family. The advice and judgment of the physician should be freely available to the patient and/or his immediate family.

However, a strong case can be made against this doctrine. In what follows, I will set out some of the relevant arguments and urge doctors to reconsider their views on this matter.

To begin with a familiar type of situation, a patient who is dying of incurable cancer of the throat is in terrible pain, which can no longer be satisfactorily alleviated. He is certain to die within a few days, even if present treatment is continued, but he does not want to go on living for those days since the pain is unbearable. So he asks the doctor for an end to it, and his family joins in the request.

Suppose the doctor agrees to withhold treatment, as the conventional doctrine says he may. The justification for his doing so is that the patient is in terrible agony, and since he is going to die anyway, it would be wrong to prolong his suffering needlessly. But now notice this. If one simply withholds treatment, it may take the patient longer to die, and so he may suffer more than he would if more direct action were taken and a lethal injection given. This fact provides strong reason for thinking that, once the initial decision not to prolong his agony has been made, active euthanasia is actually prefer- able to passive euthanasia, rather than the reverse. To say otherwise is to endorse the option that leads to more suffering rather than less, and is contrary to the humanitarian impulse that prompts the decision not to pro- long his life in the first place.

Part of my point is that the process of being ‘‘allowed to die’’ can be relatively slow and painful, whereas being given a lethal injection is relatively quick and painless. Let me give a different sort of example. In the United States about one in 600 babies is born with Down’s syndrome. Most of these babies are otherwise healthy — that is, with only the usual pediatric care, they will proceed to an otherwise normal infancy. Some, however, are born with congenital defects such as intestinal obstructions that require operations if they are to live. Sometimes, the parents and the doctor will decide not to operate, and let the infant die. Anthony Shaw describes what happens then:

. . . When surgery is denied [the doctor] must try to keep the infant from suffering while natural forces sap the baby’s life away. As a surgeon whose natural inclination is to use the scalpel to fight off death, standing by and watching a salvageable baby die is the most emotionally exhausting experience I know. It is easy at a conference, in a theoretical discussion, to decide that such infants should be allowed to die. It is altogether different to stand by in the nursery and watch as dehydration and infec- tion wither a tiny being over hours and days. This is a terrible ordeal for me and the hospital staff — much more so than for the parents who never set foot in the nur- sery.1

I can understand why some people are opposed to all euthanasia, and insist that such infants must be allowed to live. I think I can also understand why other people favor destroying these babies quickly and painlessly. But why

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should anyone favor letting ‘‘dehydration and infection wither a tiny being over hours and days’’ ? The doctrine that says that a baby may be allowed to dehydrate and wither, but may not be given an injection that would end its life without suffering, seems so patently cruel as to require no further refuta- tion. The strong language is not intended to offend, but only to put the point in the clearest possible way.

My second argument is that the conventional doctrine leads to decisions concerning life and death made on irrelevant grounds.

Consider again the case of the infants with Down’s syndrome who need operations for congenital defects unrelated to the syndrome to live. Some- times, there is no operation, and the baby dies, but when there is no such defect, the baby lives on. Now, an operation such as that to remove an intestinal obstruction is not prohibitively difficult. The reason why such operations are not performed in these cases is, clearly, that the child has Down’s syndrome and the parents and doctor judge that because of that fact it is better for the child to die.

But notice that this situation is absurd, no matter what view one takes of the lives and potentials of such babies. If the life of such an infant is worth preserving, what does it matter if it needs a simple operation? Or, if one thinks it better that such a baby should not live on, what difference does it make that it happens to have an unobstructed intestinal tract? In either case, the matter of life and death is being decided on irrelevant grounds. It is the Down’s syndrome, and not the intestines, that is the issue. The matter should be decided, if at all, on that basis, and not be allowed to depend on the essentially irrelevant question of whether the intestinal tract is blocked.

What makes this situation possible, of course, is the idea that when there is an intestinal blockage, one can ‘‘let the baby die,’’ but when there is no such defect there is nothing that can be done, for one must not ‘‘kill’’ it. The fact that this idea leads to such results as deciding life or death on irrelevant grounds is another good reason why the doctrine should be rejected.

One reason why so many people think that there is an important moral difference between active and passive euthanasia is that they think killing someone is morally worse than letting someone die. But is it? Is killing, in itself, worse than letting die? To investigate this issue, two cases may be considered that are exactly alike except that one involves killing whereas the other involves letting someone die. Then, it can be asked whether this dif- ference makes any difference to the moral assessments. It is important that the cases be exactly alike, except for this one difference, since otherwise one cannot be confident that it is this difference and not some other that ac- counts for any variation in the assessments of the two cases. So, let us con- sider this pair of cases:

In the first, Smith stands to gain a large inheritance if anything should happen to his six-year-old cousin. One evening while the child is taking his bath, Smith sneaks into the bathroom and drowns the child, and then arranges things so that it will look like an accident.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics310 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

James Rachels, ‘‘Active and Passive Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

In the second, Jones also stands to gain if anything should happen to his six-year-old cousin. Like Smith, Jones sneaks in planning to drown the child in his bath. However, just as he enters the bathroom Jones sees the child slip and hit his head, and fall face down in the water. Jones is delighted; he stands by, ready to push the child’s head back under if it is necessary, but it is not necessary. With only a little thrashing about the child drowns all by himself, ‘‘accidentally,’’ as Jones watches and does nothing.

Now Smith killed the child, whereas Jones ‘‘merely’’ let the child die. That is the only difference between them. Did either man behave better, from a moral point of view? If the difference between killing and letting die were in itself a morally important matter, one should say that Jones’s behav- ior was less reprehensible than Smith’s. But does one really want to say that? I think not. In the first place, both men acted from the same motive, per- sonal gain, and both had exactly the same end in view when they acted. It may be inferred from Smith’s conduct that he is a bad man, although that judgment may be withdrawn or modified if certain further facts are learned about him — for example, that he is mentally deranged. But would not the very same thing be inferred about Jones from his conduct? And would not the same further considerations also be relevant to any modification of this judgment? Moreover, suppose Jones pleaded, in his own defense, ‘‘After all, I didn’t do anything except just stand there and watch the child drown. I didn’t kill him; I only let him die.’’ Again, if letting die were in itself less bad than killing, this defense should have at least some weight. But it does not. Such a ‘‘defense’’ can only be regarded as a grotesque perversion of moral reasoning. Morally speaking, it is no defense at all.

Now, it may be pointed out, quite properly, that the cases of euthanasia with which doctors are concerned are not like this at all. They do not involve personal gain or the destruction of normally healthy children. Doctors are concerned only with cases in which the patient’s life is of no further use to him, or in which the patient’s life has become or will soon become a terrible burden. However, the point is the same in these cases: the bare difference between killing and letting die does not, in itself, make a moral difference. If a doctor lets a patient die, for humane reasons, he is in the same moral position as if he had given the patient a lethal injection for humane reasons. If his decision was wrong — if, for example, the patient’s illness was in fact curable — the decision would be equally regrettable no matter which method was used to carry it out. And if the doctor’s decision was the right one, the method used is not in itself important.

The AMA policy statement isolates the crucial issue very well; the crucial issue is ‘‘the intentional termination of the life of one human being by another.’’ But after identifying this issue, and forbidding ‘‘mercy killing,’’ the statement goes on to deny that the cessation of treatment is the inten- tional termination of a life. This is where the mistake comes in, for what is the cessation of treatment, in these circumstances, if it is not ‘‘the inten-

178 An Examined Life Critical Thinking and Ethics Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

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tional termination of the life of one human being by another’’? Of course, it is exactly that, and if it were not, there would be no point to it.

Many people will find this judgment hard to accept. One reason, I think, is that it is very easy to conflate the question of whether killing is, in itself, worse than letting die, with the very different question of whether most actual cases of killing are more reprehensible than most actual cases of letting die. Most actual cases of killing are clearly terrible (think, for exam- ple, of all the murders reported in the newspapers), and one hears of such cases every day. On the other hand, one hardly ever hears of a case of letting die, except for the actions of doctors who are motivated by humanitarian reasons. So one learns to think of killing in a much worse light than of letting die. But this does not mean that there is something about killing that makes it in itself worse than letting die, for it is not the bare difference between killing and letting die that makes the difference in these cases. Rather, the other factors — the murderer’s motive of personal gain, for example, con- trasted with the doctor’s humanitarian motivation — account for different reactions to the different cases.

I have argued that killing is not in itself any worse than letting die; if my contention is right, it follows that active euthanasia is not any worse than passive euthanasia. What arguments can be given on the other side? The most common, I believe, is the following:

‘‘The important difference between active and passive euthanasia is that, in passive euthanasia, the doctor does not do anything to bring about the patient’s death. The doctor does nothing, and the patient dies of whatever ills already afflict him. In active euthanasia, however, the doctor does some- thing to bring about the patient’s death: he kills him. The doctor who gives the patient with cancer a lethal injection has himself caused his patient’s death; whereas if he merely ceases treatment, the cancer is the cause of the death.’’

A number of points need to be made here. The first is that it is not exactly correct to say that in passive euthanasia the doctor does nothing, for he does do one thing that is very important: he lets the patient die. ‘‘Letting someone die’’ is certainly different, in some respects, from other types of action — mainly in that it is a kind of action that one may perform by way of not performing certain other actions. For example, one may let a patient die by way of not giving medication, just as one may insult someone by way of not shaking his hand. But for any purpose of moral assessment, it is a type of action nonetheless. The decision to let a patient die is subject to moral appraisal in the same way that a decision to kill him would be subject to moral appraisal: it may be assessed as wise or unwise, compassionate or sadistic, right or wrong. If a doctor deliberately let a patient die who was suffering from a routinely curable illness, the doctor would certainly be to blame for what he had done, just as he would be to blame if he had need- lessly killed the patient. Charges against him would then be appropriate. If

Active and Passive Euthanasia (complete): Reading 179

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Active and Passive Euthanasia (complete): Reading 311Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

James Rachels, ‘‘Active and Passive Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

In the second, Jones also stands to gain if anything should happen to his six-year-old cousin. Like Smith, Jones sneaks in planning to drown the child in his bath. However, just as he enters the bathroom Jones sees the child slip and hit his head, and fall face down in the water. Jones is delighted; he stands by, ready to push the child’s head back under if it is necessary, but it is not necessary. With only a little thrashing about the child drowns all by himself, ‘‘accidentally,’’ as Jones watches and does nothing.

Now Smith killed the child, whereas Jones ‘‘merely’’ let the child die. That is the only difference between them. Did either man behave better, from a moral point of view? If the difference between killing and letting die were in itself a morally important matter, one should say that Jones’s behav- ior was less reprehensible than Smith’s. But does one really want to say that? I think not. In the first place, both men acted from the same motive, per- sonal gain, and both had exactly the same end in view when they acted. It may be inferred from Smith’s conduct that he is a bad man, although that judgment may be withdrawn or modified if certain further facts are learned about him — for example, that he is mentally deranged. But would not the very same thing be inferred about Jones from his conduct? And would not the same further considerations also be relevant to any modification of this judgment? Moreover, suppose Jones pleaded, in his own defense, ‘‘After all, I didn’t do anything except just stand there and watch the child drown. I didn’t kill him; I only let him die.’’ Again, if letting die were in itself less bad than killing, this defense should have at least some weight. But it does not. Such a ‘‘defense’’ can only be regarded as a grotesque perversion of moral reasoning. Morally speaking, it is no defense at all.

Now, it may be pointed out, quite properly, that the cases of euthanasia with which doctors are concerned are not like this at all. They do not involve personal gain or the destruction of normally healthy children. Doctors are concerned only with cases in which the patient’s life is of no further use to him, or in which the patient’s life has become or will soon become a terrible burden. However, the point is the same in these cases: the bare difference between killing and letting die does not, in itself, make a moral difference. If a doctor lets a patient die, for humane reasons, he is in the same moral position as if he had given the patient a lethal injection for humane reasons. If his decision was wrong — if, for example, the patient’s illness was in fact curable — the decision would be equally regrettable no matter which method was used to carry it out. And if the doctor’s decision was the right one, the method used is not in itself important.

The AMA policy statement isolates the crucial issue very well; the crucial issue is ‘‘the intentional termination of the life of one human being by another.’’ But after identifying this issue, and forbidding ‘‘mercy killing,’’ the statement goes on to deny that the cessation of treatment is the inten- tional termination of a life. This is where the mistake comes in, for what is the cessation of treatment, in these circumstances, if it is not ‘‘the inten-

178 An Examined Life Critical Thinking and Ethics Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

James Rachels, ‘‘Active and Passive Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

tional termination of the life of one human being by another’’? Of course, it is exactly that, and if it were not, there would be no point to it.

Many people will find this judgment hard to accept. One reason, I think, is that it is very easy to conflate the question of whether killing is, in itself, worse than letting die, with the very different question of whether most actual cases of killing are more reprehensible than most actual cases of letting die. Most actual cases of killing are clearly terrible (think, for exam- ple, of all the murders reported in the newspapers), and one hears of such cases every day. On the other hand, one hardly ever hears of a case of letting die, except for the actions of doctors who are motivated by humanitarian reasons. So one learns to think of killing in a much worse light than of letting die. But this does not mean that there is something about killing that makes it in itself worse than letting die, for it is not the bare difference between killing and letting die that makes the difference in these cases. Rather, the other factors — the murderer’s motive of personal gain, for example, con- trasted with the doctor’s humanitarian motivation — account for different reactions to the different cases.

I have argued that killing is not in itself any worse than letting die; if my contention is right, it follows that active euthanasia is not any worse than passive euthanasia. What arguments can be given on the other side? The most common, I believe, is the following:

‘‘The important difference between active and passive euthanasia is that, in passive euthanasia, the doctor does not do anything to bring about the patient’s death. The doctor does nothing, and the patient dies of whatever ills already afflict him. In active euthanasia, however, the doctor does some- thing to bring about the patient’s death: he kills him. The doctor who gives the patient with cancer a lethal injection has himself caused his patient’s death; whereas if he merely ceases treatment, the cancer is the cause of the death.’’

A number of points need to be made here. The first is that it is not exactly correct to say that in passive euthanasia the doctor does nothing, for he does do one thing that is very important: he lets the patient die. ‘‘Letting someone die’’ is certainly different, in some respects, from other types of action — mainly in that it is a kind of action that one may perform by way of not performing certain other actions. For example, one may let a patient die by way of not giving medication, just as one may insult someone by way of not shaking his hand. But for any purpose of moral assessment, it is a type of action nonetheless. The decision to let a patient die is subject to moral appraisal in the same way that a decision to kill him would be subject to moral appraisal: it may be assessed as wise or unwise, compassionate or sadistic, right or wrong. If a doctor deliberately let a patient die who was suffering from a routinely curable illness, the doctor would certainly be to blame for what he had done, just as he would be to blame if he had need- lessly killed the patient. Charges against him would then be appropriate. If

Active and Passive Euthanasia (complete): Reading 179

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics312 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

James Rachels, ‘‘Active and Passive Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

so, it would be no defense at all for him to insist that he didn’t ‘‘do any- thing.’’ He would have done something very serious indeed, for he let his patient die.

Fixing the cause of death may be very important from a legal point of view, for it may determine whether criminal charges are brought against the doctor. But I do not think that this notion can be used to show a moral difference between active and passive euthanasia. The reason why it is con- sidered bad to be the cause of someone’s death is that death is regarded as a great evil — and so it is. However, if it has been decided that euthanasia — even passive euthanasia — is desirable in a given case, it has also been de- cided that in this instance death is no greater an evil than the patient’s continued existence. And if this is true, the usual reason for not wanting to be the cause of someone’s death simply does not apply.

Finally, doctors may think that all of this is only of academic interest — the sort of thing that philosophers may worry about but that has no practical bearing on their own work. After all, doctors must be concerned about the legal consequences of what they do, and active euthanasia is clearly forbid- den by the law. But even so, doctors should also be concerned with the fact that the law is forcing upon them a moral doctrine that may well be indefen- sible, and has a considerable effect on their practices. Of course, most doc- tors are not now in the position of being coerced in this matter, for they do not regard themselves as merely going along with what the law requires. Rather, in statements such as the AMA policy statement that I have quoted, they are endorsing this doctrine as a central point of medical ethics. In that statement, active euthanasia is condemned not merely as illegal but as ‘‘con- trary to that for which the medical profession stands,’’ whereas passive eu- thanasia is approved. However, the preceding considerations suggest that there is really no moral difference between the two, considered in them- selves (there may be important moral differences in some cases in their consequences, but, as I pointed out, these differences may make active eutha- nasia, and not passive euthanasia, the morally preferable option). So, whereas doctors may have to discriminate between active and passive eutha- nasia to satisfy the law, they should not do any more than that. In particular, they should not give the distinction any added authority and weight by writ- ing it into official statements of medical ethics.

� N O T E

1. Anthony Shaw, ‘‘Doctor, Do We Have a Choice?’’ The New York Times Magazine, January 30, 1972, p. 54. [J.R.]

180 An Examined Life Critical Thinking and Ethics Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

James Rachels, ‘‘Active and Passive Euthanasia’’ (complete)

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Active and Passive Euthanasia James Rachels

Reading Questions

According to Rachels:

1. Why is active euthanasia preferable to passive euthanasia in cases such as a patient dying from an extremely painful and incurable cancer of the throat?

2. How does the conventional moral doctrine of allowing passive euthanasia and prohibiting active euthanasia lead people to make decisions concerning life and death on irrelevant grounds?

3. What conclusion about the moral difference between killing and letting die follows from the parallel examples of Smith and his six-year-old cousin, and Jones and his six-year-old cousin?

4. Why is it a mistake to claim that passive euthanasia is not the intentional termination of life?

5. Why is it false to say that in passive euthanasia the doctor does not, in a moral sense, do anything?

Discussion Questions

In your own view:

1. If a terminal patient in substantial chronic pain wishes to die, is passive euthanasia morally permissible? Is it permissible if the terminal patient is not in substantial chronic pain?

2. If a terminal patient in substantial chronic pain wishes to die, is active euthanasia morally permissible? Is it permissible if the terminal patient is not in substantial chronic pain?

3. If a routine intestinal operation would save the life of an infant with Down’s syndrome who has an intestinal blockage, is it moral for the parents to forgo the operation because they do not want a child with Down’s syndrome?

4. Is passive euthanasia the intentional termination of life? If so, is it immoral for that reason?

5. Is active euthanasia sometimes morally preferable to passive euthanasia?

Active and Passive Euthanasia (complete): Reading 181

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Active and Passive Euthanasia (complete): Reading 313Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

James Rachels, ‘‘Active and Passive Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

so, it would be no defense at all for him to insist that he didn’t ‘‘do any- thing.’’ He would have done something very serious indeed, for he let his patient die.

Fixing the cause of death may be very important from a legal point of view, for it may determine whether criminal charges are brought against the doctor. But I do not think that this notion can be used to show a moral difference between active and passive euthanasia. The reason why it is con- sidered bad to be the cause of someone’s death is that death is regarded as a great evil — and so it is. However, if it has been decided that euthanasia — even passive euthanasia — is desirable in a given case, it has also been de- cided that in this instance death is no greater an evil than the patient’s continued existence. And if this is true, the usual reason for not wanting to be the cause of someone’s death simply does not apply.

Finally, doctors may think that all of this is only of academic interest — the sort of thing that philosophers may worry about but that has no practical bearing on their own work. After all, doctors must be concerned about the legal consequences of what they do, and active euthanasia is clearly forbid- den by the law. But even so, doctors should also be concerned with the fact that the law is forcing upon them a moral doctrine that may well be indefen- sible, and has a considerable effect on their practices. Of course, most doc- tors are not now in the position of being coerced in this matter, for they do not regard themselves as merely going along with what the law requires. Rather, in statements such as the AMA policy statement that I have quoted, they are endorsing this doctrine as a central point of medical ethics. In that statement, active euthanasia is condemned not merely as illegal but as ‘‘con- trary to that for which the medical profession stands,’’ whereas passive eu- thanasia is approved. However, the preceding considerations suggest that there is really no moral difference between the two, considered in them- selves (there may be important moral differences in some cases in their consequences, but, as I pointed out, these differences may make active eutha- nasia, and not passive euthanasia, the morally preferable option). So, whereas doctors may have to discriminate between active and passive eutha- nasia to satisfy the law, they should not do any more than that. In particular, they should not give the distinction any added authority and weight by writ- ing it into official statements of medical ethics.

� N O T E

1. Anthony Shaw, ‘‘Doctor, Do We Have a Choice?’’ The New York Times Magazine, January 30, 1972, p. 54. [J.R.]

180 An Examined Life Critical Thinking and Ethics Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

James Rachels, ‘‘Active and Passive Euthanasia’’ (complete)

© The McGraw−Hill Companies, 2006

Active and Passive Euthanasia James Rachels

Reading Questions

According to Rachels:

1. Why is active euthanasia preferable to passive euthanasia in cases such as a patient dying from an extremely painful and incurable cancer of the throat?

2. How does the conventional moral doctrine of allowing passive euthanasia and prohibiting active euthanasia lead people to make decisions concerning life and death on irrelevant grounds?

3. What conclusion about the moral difference between killing and letting die follows from the parallel examples of Smith and his six-year-old cousin, and Jones and his six-year-old cousin?

4. Why is it a mistake to claim that passive euthanasia is not the intentional termination of life?

5. Why is it false to say that in passive euthanasia the doctor does not, in a moral sense, do anything?

Discussion Questions

In your own view:

1. If a terminal patient in substantial chronic pain wishes to die, is passive euthanasia morally permissible? Is it permissible if the terminal patient is not in substantial chronic pain?

2. If a terminal patient in substantial chronic pain wishes to die, is active euthanasia morally permissible? Is it permissible if the terminal patient is not in substantial chronic pain?

3. If a routine intestinal operation would save the life of an infant with Down’s syndrome who has an intestinal blockage, is it moral for the parents to forgo the operation because they do not want a child with Down’s syndrome?

4. Is passive euthanasia the intentional termination of life? If so, is it immoral for that reason?

5. Is active euthanasia sometimes morally preferable to passive euthanasia?

Active and Passive Euthanasia (complete): Reading 181

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics314 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

182 An Examined Life Critical Thinking and Ethics Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

Looking for the Exit Door: Killing and Caring in Modern Medicine

Stephen G. Potts

Stephen G. Potts was born in Norwich, England, in 1957. He attended Cambridge Uni- versity, where he studied medicine. Desiring to explore more deeply certain issues in medical ethics, he devoted a year to the study of philosophy. After completing his bachelor’s degree in medical sciences and philosophy at Cambridge in 1979, he pur- sued advanced studies in medicine at Oxford University, receiving his medical degree in 1982. After his medical internship, Potts enrolled in the graduate program in philos- ophy at Oxford. He received a Harkness Fellowship to come to the United States for a year as a visiting scholar at several medical ethics centers, including the Kennedy In- stitute of Ethics in Washington, D.C., the Hastings Center in Briarcliff Manor, New York, and the Institute for Medical Humanities in Galveston, Texas. In 1987 he under- went training in psychiatry at Maudsley Hospital in London; he was certified in 1990. Potts is currently a research fellow and faculty member at the Department of Psychiatry of the University of Edinburgh, in Scotland. He has published many articles and book chapters on topics in psychiatry and medical ethics. In addition, he coauthored (with Dinesh Bhurga) Case Presentations in Psychiatry (1993).

Our reading is from Potts’s 1988 article on euthanasia, ‘‘Looking for the Exit Door: Killing and Caring in Modern Medicine.’’ Potts maintains that although certain individual patients in severe pain may benefit from being killed, it would be a serious mistake to legalize euthanasia. He begins his article by setting forth eight serious risks a society would incur by legalizing euthanasia. He then argues that supporters of legal- ization have the burden of proof: they must show, beyond a reasonable doubt, that these dangers will not materialize — and this they have not done. Potts agrees that patients in extreme suffering have a right to refuse life-prolonging treatment and a right to rational suicide, but he denies that this imposes on others a duty to help them commit suicide or to kill them. The institutionalization of euthanasia is objectionable because it imposes this duty on doctors.

III. Objections to the Institutionalisation of Euthanasia

. . . Despite the best efforts of medicine to cure and care for them, some terminally ill people may be better off dead, in their own and others’ judg- ment. I accept the premise that killing these people surreptitiously and semi-legally, while it may produce the best outcome for individual patients, is too difficult to control and too open to abuse for society to tolerate. I em- phatically deny the conclusion that the appropriate response is to institu- tionalise and regulate the practice, because the risks of such institutionalisa- tion are so grave as to outweigh the very real suffering of those who might benefit from it.

Potts, Stephen G., ‘‘Looking for the Exit Door: Killing and Caring in Modern Medicine,’’ in Houston Law Review, vol. 25, pp. 493 (part), 504 (part), 505 (part), 506 – 508, 509 (part), 510 (part), 511 (part), 515 (part). Copyright © 1988. Reprinted with permission of Houston Law Review.

Looking for the Exit Door (selection): Reading 303

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

315Looking for the Exit Door (selection): Reading182 An Examined Life Critical Thinking and Ethics Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

Looking for the Exit Door: Killing and Caring in Modern Medicine

Stephen G. Potts

Stephen G. Potts was born in Norwich, England, in 1957. He attended Cambridge Uni- versity, where he studied medicine. Desiring to explore more deeply certain issues in medical ethics, he devoted a year to the study of philosophy. After completing his bachelor’s degree in medical sciences and philosophy at Cambridge in 1979, he pur- sued advanced studies in medicine at Oxford University, receiving his medical degree in 1982. After his medical internship, Potts enrolled in the graduate program in philos- ophy at Oxford. He received a Harkness Fellowship to come to the United States for a year as a visiting scholar at several medical ethics centers, including the Kennedy In- stitute of Ethics in Washington, D.C., the Hastings Center in Briarcliff Manor, New York, and the Institute for Medical Humanities in Galveston, Texas. In 1987 he under- went training in psychiatry at Maudsley Hospital in London; he was certified in 1990. Potts is currently a research fellow and faculty member at the Department of Psychiatry of the University of Edinburgh, in Scotland. He has published many articles and book chapters on topics in psychiatry and medical ethics. In addition, he coauthored (with Dinesh Bhurga) Case Presentations in Psychiatry (1993).

Our reading is from Potts’s 1988 article on euthanasia, ‘‘Looking for the Exit Door: Killing and Caring in Modern Medicine.’’ Potts maintains that although certain individual patients in severe pain may benefit from being killed, it would be a serious mistake to legalize euthanasia. He begins his article by setting forth eight serious risks a society would incur by legalizing euthanasia. He then argues that supporters of legal- ization have the burden of proof: they must show, beyond a reasonable doubt, that these dangers will not materialize — and this they have not done. Potts agrees that patients in extreme suffering have a right to refuse life-prolonging treatment and a right to rational suicide, but he denies that this imposes on others a duty to help them commit suicide or to kill them. The institutionalization of euthanasia is objectionable because it imposes this duty on doctors.

III. Objections to the Institutionalisation of Euthanasia

. . . Despite the best efforts of medicine to cure and care for them, some terminally ill people may be better off dead, in their own and others’ judg- ment. I accept the premise that killing these people surreptitiously and semi-legally, while it may produce the best outcome for individual patients, is too difficult to control and too open to abuse for society to tolerate. I em- phatically deny the conclusion that the appropriate response is to institu- tionalise and regulate the practice, because the risks of such institutionalisa- tion are so grave as to outweigh the very real suffering of those who might benefit from it.

Potts, Stephen G., ‘‘Looking for the Exit Door: Killing and Caring in Modern Medicine,’’ in Houston Law Review, vol. 25, pp. 493 (part), 504 (part), 505 (part), 506 – 508, 509 (part), 510 (part), 511 (part), 515 (part). Copyright © 1988. Reprinted with permission of Houston Law Review.

Looking for the Exit Door (selection): Reading 303

12_bos5511X_Ch10_p298-322.indd 315 7/24/14 9:47 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics316 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

A. Risks of Institutionalisation Among the potential effects of a legalised practice of euthanasia are the following:

1. Reduced Pressure to Improve Curative or Symptomatic Treatment. If euthana- sia had been legal forty years ago, it is quite possible that there would be no hospice movement today. The improvement in terminal care is a direct result of attempts made to minimise suffering. If that suffering had been extinguished by extinguishing the patients who bore it, then we may never have known the advances in the control of pain, nausea, breathlessness and other terminal symptoms that the last twenty years have seen.

Some diseases that were terminal a few decades ago are now routinely cured by newly developed treatments. Earlier acceptance of euthanasia might well have undercut the urgency of the research efforts which lead to the discovery of those treatments. If we accept euthanasia now, we may well delay by decades the discovery of effective treatments for those diseases that are now terminal.

2. Abandonment of Hope. Every doctor can tell stories of patients expected to die within days who surprise everyone with their extraordinary recoveries. Every doctor has experienced the wonderful embarassment of being proven wrong in their pessimistic prognosis. To make euthanasia a legitimate op- tion as soon as the prognosis is pessimistic enough is to reduce the probabil- ity of such extraordinary recoveries from low to zero.

3. Increased Fear of Hospitals and Doctors. Despite all the efforts at health education, it seems there will always be a transference of the patient’s fear of illness from the illness to the doctors and hospitals who treat it. This fear is still very real and leads to large numbers of late presentations of illnesses that might have been cured if only the patients had sought help earlier. To institutionalise euthanasia, however carefully, would undoubtedly magnify all the latent fear of doctors and hospitals harbored by the public. The inevitable result would be a rise in late presentations and, therefore, pre- ventable deaths.

4. Difficulties of Oversight and Regulation. . . . The history of legal ‘‘loop- holes’’ is not a cheering one. Abuses might arise when the patient is wealthy and an inheritance is at stake, when the doctor has made mistakes in diag- nosis and treatment and hopes to avoid detection, when insurance coverage for treatment costs is about to expire, and in a host of other circumstances.

5. Pressure on the Patient. . . . Families have all kinds of subtle ways, conscious and unconscious, of putting pressure on a patient to request eu- thanasia and relieve them of the financial and social burden of care. Many patients already feel guilty for imposing burdens on those who care for them, even when the families are happy to bear that burden. To provide an avenue for the discharge of that guilt in a request for euthanasia is to risk putting to death a great many patients who do not wish to die.

304 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

6. Conflict with Aims of Medicine. The pro-euthanasia movement cheerfully hands the dirty work of the actual killing to the doctors who by and large, neither seek nor welcome the responsibility. There is little examination of the psychological stresses imposed on those whose training and professional outlook are geared to the saving of lives by asking them to start taking lives on a regular basis. Euthanasia advocates seem very confident that doctors can be relied on to make the enormous efforts sometimes necessary to save some lives, while at the same time assenting to requests to take other lives. Such confidence reflects, perhaps, a high opinion of doctors’ psychic ro- bustness, but it is a confidence seriously undermined by the shocking rates of depression, suicide, alcoholism, drug addiction, and marital discord con- sistently recorded among this group.

7. Dangers of Societal Acceptance. It must never be forgotten that doctors, nurses, and hospital administrators have personal lives, homes, and families, or that they are something more than just doctors, nurses or hospital admin- istrators. They are citizens and a significant part of the society around them. I am very worried about what the institutionalisation of euthanasia will do to society, in general, and, particularly how much it will further erode our attachment to the sixth commandment.1 How will we regard murderers? What will we say to the terrorist who justifies killing as a means to his political end when we ourselves justify killing as a means to a humanitarian end? I do not know and I daresay the euthanasia advocates do not either, but I worry about it and they appear not to. They need to justify their complacency.

8. The Slippery Slope.2 How long after acceptance of voluntary euthanasia will we hear the calls for nonvoluntary euthanasia? There are thousands of comatose or demented patients sustained by little more than good nursing care. They are an enormous financial and social burden. How soon will the advocates of euthanasia be arguing that we should ‘‘assist them in dying’’ — for, after all, they won’t mind, will they?

How soon after that will we hear the calls for involuntary euthanasia, the disposal of the burdensome, the unproductive, the polluters of the gene pool? We must never forget the way the Nazi euthanasia programme made this progression in a few short years. ‘‘Oh, but they were barbarians,’’ you say, and so they were, but not at the outset.

If developments in terminal care can be represented by a progression from the CURE mode of medical care to the CARE mode, enacting volun- tary euthanasia legislation would permit a further progression to the KILL mode. The slippery slope argument represents the fear that, if this step is taken, then it will be difficult to avoid a further progression to the CULL mode, as illustrated:

CURE The central aim of medicine CARE The central aim of terminal care once patients are beyond cure KILL The aim of the proponents of euthanasia for those patients

beyond cure and not helped by care

Looking for the Exit Door (selection): Reading 305

12_bos5511X_Ch10_p298-322.indd 316 7/24/14 9:47 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

317Looking for the Exit Door (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

A. Risks of Institutionalisation Among the potential effects of a legalised practice of euthanasia are the following:

1. Reduced Pressure to Improve Curative or Symptomatic Treatment. If euthana- sia had been legal forty years ago, it is quite possible that there would be no hospice movement today. The improvement in terminal care is a direct result of attempts made to minimise suffering. If that suffering had been extinguished by extinguishing the patients who bore it, then we may never have known the advances in the control of pain, nausea, breathlessness and other terminal symptoms that the last twenty years have seen.

Some diseases that were terminal a few decades ago are now routinely cured by newly developed treatments. Earlier acceptance of euthanasia might well have undercut the urgency of the research efforts which lead to the discovery of those treatments. If we accept euthanasia now, we may well delay by decades the discovery of effective treatments for those diseases that are now terminal.

2. Abandonment of Hope. Every doctor can tell stories of patients expected to die within days who surprise everyone with their extraordinary recoveries. Every doctor has experienced the wonderful embarassment of being proven wrong in their pessimistic prognosis. To make euthanasia a legitimate op- tion as soon as the prognosis is pessimistic enough is to reduce the probabil- ity of such extraordinary recoveries from low to zero.

3. Increased Fear of Hospitals and Doctors. Despite all the efforts at health education, it seems there will always be a transference of the patient’s fear of illness from the illness to the doctors and hospitals who treat it. This fear is still very real and leads to large numbers of late presentations of illnesses that might have been cured if only the patients had sought help earlier. To institutionalise euthanasia, however carefully, would undoubtedly magnify all the latent fear of doctors and hospitals harbored by the public. The inevitable result would be a rise in late presentations and, therefore, pre- ventable deaths.

4. Difficulties of Oversight and Regulation. . . . The history of legal ‘‘loop- holes’’ is not a cheering one. Abuses might arise when the patient is wealthy and an inheritance is at stake, when the doctor has made mistakes in diag- nosis and treatment and hopes to avoid detection, when insurance coverage for treatment costs is about to expire, and in a host of other circumstances.

5. Pressure on the Patient. . . . Families have all kinds of subtle ways, conscious and unconscious, of putting pressure on a patient to request eu- thanasia and relieve them of the financial and social burden of care. Many patients already feel guilty for imposing burdens on those who care for them, even when the families are happy to bear that burden. To provide an avenue for the discharge of that guilt in a request for euthanasia is to risk putting to death a great many patients who do not wish to die.

304 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

6. Conflict with Aims of Medicine. The pro-euthanasia movement cheerfully hands the dirty work of the actual killing to the doctors who by and large, neither seek nor welcome the responsibility. There is little examination of the psychological stresses imposed on those whose training and professional outlook are geared to the saving of lives by asking them to start taking lives on a regular basis. Euthanasia advocates seem very confident that doctors can be relied on to make the enormous efforts sometimes necessary to save some lives, while at the same time assenting to requests to take other lives. Such confidence reflects, perhaps, a high opinion of doctors’ psychic ro- bustness, but it is a confidence seriously undermined by the shocking rates of depression, suicide, alcoholism, drug addiction, and marital discord con- sistently recorded among this group.

7. Dangers of Societal Acceptance. It must never be forgotten that doctors, nurses, and hospital administrators have personal lives, homes, and families, or that they are something more than just doctors, nurses or hospital admin- istrators. They are citizens and a significant part of the society around them. I am very worried about what the institutionalisation of euthanasia will do to society, in general, and, particularly how much it will further erode our attachment to the sixth commandment.1 How will we regard murderers? What will we say to the terrorist who justifies killing as a means to his political end when we ourselves justify killing as a means to a humanitarian end? I do not know and I daresay the euthanasia advocates do not either, but I worry about it and they appear not to. They need to justify their complacency.

8. The Slippery Slope.2 How long after acceptance of voluntary euthanasia will we hear the calls for nonvoluntary euthanasia? There are thousands of comatose or demented patients sustained by little more than good nursing care. They are an enormous financial and social burden. How soon will the advocates of euthanasia be arguing that we should ‘‘assist them in dying’’ — for, after all, they won’t mind, will they?

How soon after that will we hear the calls for involuntary euthanasia, the disposal of the burdensome, the unproductive, the polluters of the gene pool? We must never forget the way the Nazi euthanasia programme made this progression in a few short years. ‘‘Oh, but they were barbarians,’’ you say, and so they were, but not at the outset.

If developments in terminal care can be represented by a progression from the CURE mode of medical care to the CARE mode, enacting volun- tary euthanasia legislation would permit a further progression to the KILL mode. The slippery slope argument represents the fear that, if this step is taken, then it will be difficult to avoid a further progression to the CULL mode, as illustrated:

CURE The central aim of medicine CARE The central aim of terminal care once patients are beyond cure KILL The aim of the proponents of euthanasia for those patients

beyond cure and not helped by care

Looking for the Exit Door (selection): Reading 305

12_bos5511X_Ch10_p298-322.indd 317 7/24/14 9:47 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics318 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

CULL The feared result of weakening the prohibition on euthanasia

I do not know how easy these moves will be to resist once voluntary euthanasia is accepted, but I have seen little evidence that the modern eu- thanasia advocates care about resisting them or even worry that they might be possible.

9. Costs and Benefits. Perhaps the most disturbing risk of all is posed by the growing concern over medical costs. Euthanasia is, after all, a very cheap service. The cost of a dose of barbiturates and curare and the few hours in a hospital bed that it takes them to act is minute compared to the massive bills incurred by many patients in the last weeks and months of their lives. Al- ready in Britain, there is a serious under-provision of expensive therapies like renal dialysis and intensive care, with the result that many otherwise preventable deaths occur. Legalising euthanasia would save substantial fi- nancial resources which could be diverted to more ‘‘useful’’ treatments. These economic concerns already exert pressure to accept euthanasia, and, if accepted, they will inevitably tend to enlarge the category of patients for whom euthanasia is permitted.

Each of these objections could, and should, be expanded and pressed harder. I do not propose to do so now, for it is sufficient for my purposes to list them as risks, not inevitabilities. Several elements go into our judgment of the severity of a risk: the probability that the harm in question will arise (the odds), the severity of the harm in question (the stakes), and the ease with which the harm in question can be corrected (the reversibility). The institu- tionalisation of euthanasia is such a radical departure from anything that has gone before in Western society that we simply cannot judge the probability of any or all of the listed consequences. Nor can we rule any of them out. There must, however, be agreement that the severity of each of the harms listed is enough to give serious cause for concern, and the severity of all the harms together is enough to horrify. Furthermore, many of the potential harms seem likely to prove very difficult, if not impossible, to reverse by reinstituting a ban on euthanasia.

B. Weighing the Risks For all these reasons, the burden of proof must lie with those who would have us gamble by legalising euthanasia. They should demonstrate beyond reasonable doubt that the dangers listed will not arise, just as chemical companies proposing to introduce a new drug are required to demonstrate that it is safe as well as beneficial. Thus far, the proponents of euthanasia have relied exclusively on the compassion they arouse with tales of torment mercifully cut short by death, and have made little or no attempt to shoulder the burden of proving that legalising euthanasia is safe. Until they make such an attempt and carry it off successfully, their proposed legis- lation must be rejected outright.

306 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

C. The Right to Die and the Duty to Kill The nature of my arguments should have made it clear by now that I object, not so much to individual acts of euthanasia, but to institutionalising it as a practice. All the pro-euthanasia arguments turn on the individual case of the patient in pain, suffering at the center of an intolerable existence. They exert powerful calls on our compas- sion, and appeal to our pity, therefore, we assent too readily when it is claimed that such patients have a ‘‘right to die’’ as an escape from torment. So long as the right to die means no more than the right to refuse life-prolong- ing treatment and the right to rational suicide, I agree. The advocates of euthanasia want to go much further than this though. They want to extend the right to die to encompass the right to receive assistance in suicide and, beyond that, the right to be killed. Here, the focus shifts from the patient to the agent, and from the killed to the killer; but, the argument begins to break down because our compassion does not extend this far.

If it is true that there is a right to be assisted in suicide or a right to be killed, then it follows that someone, somewhere, has a duty to provide the assistance or to do the killing. When we look at the proposed legislation, it is very clear upon whom the advocates of euthanasia would place this duty: the doctor. It would be the doctor’s job to provide the pills and the doctor’s job to give the lethal injection. The regulation of euthanasia is meant to prevent anyone, other than the doctor, from doing it. Such regulation would ensure that the doctor does it with the proper precautions and consultations, and would give the doctor security from legal sanctions for doing it. The emotive appeal of euthanasia is undeniably powerful, but it lasts only so long as we can avoid thinking about who has to do the killing, and where, and when, and how. Proposals to institutionalise euthanasia force us to think hard about these things, and the chill that their contemplation generates is deep enough to freeze any proponent’s ardor. . . .

Enacting the legislation could result in a general willingness on the part of most doctors to meet expectations and comply with requests for euthana- sia, at the one extreme, or, at the other, a general refusal to comply, coupled with reluctant transfers to a small number of more compliant doctors who will become de facto death specialists (‘‘thanatologists’’ perhaps). Neither alternative, nor any mix of the two, is attractive. Instituting either of them involves a recognition that ceding someone the right to be killed involves imposing on someone else, not just the permission, but the duty to kill. It is the institutionalisation of this duty which gives rise to many of the dangers listed above. . . .

The right to die is an emotive slogan, used liberally in the pro-euthanasia campaign, but with little attention to its dangerous correlates — specifically, the institutionalisation of a doctor’s duty to kill and a patient’s duty to die. Euthanasia’s proponents must show that the legislation they advocate separates these correlates, but they cannot, nor have they ever really tried. . . .

Looking for the Exit Door (selection): Reading 307

12_bos5511X_Ch10_p298-322.indd 318 7/24/14 9:47 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

319Looking for the Exit Door (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

CULL The feared result of weakening the prohibition on euthanasia

I do not know how easy these moves will be to resist once voluntary euthanasia is accepted, but I have seen little evidence that the modern eu- thanasia advocates care about resisting them or even worry that they might be possible.

9. Costs and Benefits. Perhaps the most disturbing risk of all is posed by the growing concern over medical costs. Euthanasia is, after all, a very cheap service. The cost of a dose of barbiturates and curare and the few hours in a hospital bed that it takes them to act is minute compared to the massive bills incurred by many patients in the last weeks and months of their lives. Al- ready in Britain, there is a serious under-provision of expensive therapies like renal dialysis and intensive care, with the result that many otherwise preventable deaths occur. Legalising euthanasia would save substantial fi- nancial resources which could be diverted to more ‘‘useful’’ treatments. These economic concerns already exert pressure to accept euthanasia, and, if accepted, they will inevitably tend to enlarge the category of patients for whom euthanasia is permitted.

Each of these objections could, and should, be expanded and pressed harder. I do not propose to do so now, for it is sufficient for my purposes to list them as risks, not inevitabilities. Several elements go into our judgment of the severity of a risk: the probability that the harm in question will arise (the odds), the severity of the harm in question (the stakes), and the ease with which the harm in question can be corrected (the reversibility). The institu- tionalisation of euthanasia is such a radical departure from anything that has gone before in Western society that we simply cannot judge the probability of any or all of the listed consequences. Nor can we rule any of them out. There must, however, be agreement that the severity of each of the harms listed is enough to give serious cause for concern, and the severity of all the harms together is enough to horrify. Furthermore, many of the potential harms seem likely to prove very difficult, if not impossible, to reverse by reinstituting a ban on euthanasia.

B. Weighing the Risks For all these reasons, the burden of proof must lie with those who would have us gamble by legalising euthanasia. They should demonstrate beyond reasonable doubt that the dangers listed will not arise, just as chemical companies proposing to introduce a new drug are required to demonstrate that it is safe as well as beneficial. Thus far, the proponents of euthanasia have relied exclusively on the compassion they arouse with tales of torment mercifully cut short by death, and have made little or no attempt to shoulder the burden of proving that legalising euthanasia is safe. Until they make such an attempt and carry it off successfully, their proposed legis- lation must be rejected outright.

306 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

C. The Right to Die and the Duty to Kill The nature of my arguments should have made it clear by now that I object, not so much to individual acts of euthanasia, but to institutionalising it as a practice. All the pro-euthanasia arguments turn on the individual case of the patient in pain, suffering at the center of an intolerable existence. They exert powerful calls on our compas- sion, and appeal to our pity, therefore, we assent too readily when it is claimed that such patients have a ‘‘right to die’’ as an escape from torment. So long as the right to die means no more than the right to refuse life-prolong- ing treatment and the right to rational suicide, I agree. The advocates of euthanasia want to go much further than this though. They want to extend the right to die to encompass the right to receive assistance in suicide and, beyond that, the right to be killed. Here, the focus shifts from the patient to the agent, and from the killed to the killer; but, the argument begins to break down because our compassion does not extend this far.

If it is true that there is a right to be assisted in suicide or a right to be killed, then it follows that someone, somewhere, has a duty to provide the assistance or to do the killing. When we look at the proposed legislation, it is very clear upon whom the advocates of euthanasia would place this duty: the doctor. It would be the doctor’s job to provide the pills and the doctor’s job to give the lethal injection. The regulation of euthanasia is meant to prevent anyone, other than the doctor, from doing it. Such regulation would ensure that the doctor does it with the proper precautions and consultations, and would give the doctor security from legal sanctions for doing it. The emotive appeal of euthanasia is undeniably powerful, but it lasts only so long as we can avoid thinking about who has to do the killing, and where, and when, and how. Proposals to institutionalise euthanasia force us to think hard about these things, and the chill that their contemplation generates is deep enough to freeze any proponent’s ardor. . . .

Enacting the legislation could result in a general willingness on the part of most doctors to meet expectations and comply with requests for euthana- sia, at the one extreme, or, at the other, a general refusal to comply, coupled with reluctant transfers to a small number of more compliant doctors who will become de facto death specialists (‘‘thanatologists’’ perhaps). Neither alternative, nor any mix of the two, is attractive. Instituting either of them involves a recognition that ceding someone the right to be killed involves imposing on someone else, not just the permission, but the duty to kill. It is the institutionalisation of this duty which gives rise to many of the dangers listed above. . . .

The right to die is an emotive slogan, used liberally in the pro-euthanasia campaign, but with little attention to its dangerous correlates — specifically, the institutionalisation of a doctor’s duty to kill and a patient’s duty to die. Euthanasia’s proponents must show that the legislation they advocate separates these correlates, but they cannot, nor have they ever really tried. . . .

Looking for the Exit Door (selection): Reading 307

12_bos5511X_Ch10_p298-322.indd 319 7/24/14 9:47 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics320 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

V. Conclusion

. . . While our empathy with the suffering of individual patients may lead to our understanding of, and even assent to, individual acts of euthanasia, the institutionalisation of euthanasia is so fraught with serious risks that it cannot be countenanced.

It does not follow, however, that we should cling to the last spark of life as long and as hard as we can. The distinction between killing and letting die has a sound foundation, though not the traditional one, a foundation strong enough to give solid support to a patient’s right to refuse treatment, while at the same time denying their ‘‘right’’ to be killed.

� N O T E S

1. ‘‘Thou shalt not kill,’’ Exodus 20:13 (King James). [S.G.P.] 2. slippery slope: a type of argument that claims that if a certain kind of action

is performed, it will inevitably lead to a similar but less desirable kind of action, which will in turn lead to an even less desirable kind of action, etc., until one slips down to the bottom of the ‘‘slope,’’ which is a thoroughly undesirable state of affairs [D.C.A., ed.]

308 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

Looking for the Exit Door Stephen G. Potts

Reading Questions

According to Potts:

1. How could the legalization of euthanasia adversely affect the development of medical research?

2. What kinds of pressure could the legalization of euthanasia put on patients to request euthanasia, even though they do not wish to die?

3. What is the “slippery slope” danger of legalizing voluntary euthanasia?

4. Why does the burden of proof lie on supporters of legalized euthanasia to show that the potential risks will not be realized, rather than on opponents to show that the risks will be realized?

5. What problem is created for physicians when society claims that terminal patients have a “right to die” through active euthanasia?

Discussion Questions

In your own view:

1. Would the legalization of euthanasia put undue pressure on some patients to choose this option? If so, is this a sufficient reason for rejecting legalized euthanasia?

2. Is it contrary to the aims of medicine for a physician to administer euthanasia to a terminal patient who requests it?

3. Is the risk of sliding down a “slippery slope” a sufficient reason for rejecting the legalization of voluntary euthanasia?

4. Is it up to opponents of legalized euthanasia to show that the potential risks will be realized, or up to supporters to show that the risks will not be realized?

5. Do terminal patients who want to die by suicide have a right to assistance in committing suicide? Do terminal patients who want to die by homicide have the right to be killed by another?

Looking for the Exit Door (selection): Reading 309

12_bos5511X_Ch10_p298-322.indd 320 7/24/14 9:47 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

321Looking for the Exit Door (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

V. Conclusion

. . . While our empathy with the suffering of individual patients may lead to our understanding of, and even assent to, individual acts of euthanasia, the institutionalisation of euthanasia is so fraught with serious risks that it cannot be countenanced.

It does not follow, however, that we should cling to the last spark of life as long and as hard as we can. The distinction between killing and letting die has a sound foundation, though not the traditional one, a foundation strong enough to give solid support to a patient’s right to refuse treatment, while at the same time denying their ‘‘right’’ to be killed.

� N O T E S

1. ‘‘Thou shalt not kill,’’ Exodus 20:13 (King James). [S.G.P.] 2. slippery slope: a type of argument that claims that if a certain kind of action

is performed, it will inevitably lead to a similar but less desirable kind of action, which will in turn lead to an even less desirable kind of action, etc., until one slips down to the bottom of the ‘‘slope,’’ which is a thoroughly undesirable state of affairs [D.C.A., ed.]

308 ANALYZING MORAL ISSUES - Vol. 1 Abel: Discourses Applied Ethics and Social Ethics: Euthanasia

Stephen G. Potts, ‘‘Looking for the Exit Door’’ (selection)

© The McGraw−Hill Companies, 2006

Looking for the Exit Door Stephen G. Potts

Reading Questions

According to Potts:

1. How could the legalization of euthanasia adversely affect the development of medical research?

2. What kinds of pressure could the legalization of euthanasia put on patients to request euthanasia, even though they do not wish to die?

3. What is the “slippery slope” danger of legalizing voluntary euthanasia?

4. Why does the burden of proof lie on supporters of legalized euthanasia to show that the potential risks will not be realized, rather than on opponents to show that the risks will be realized?

5. What problem is created for physicians when society claims that terminal patients have a “right to die” through active euthanasia?

Discussion Questions

In your own view:

1. Would the legalization of euthanasia put undue pressure on some patients to choose this option? If so, is this a sufficient reason for rejecting legalized euthanasia?

2. Is it contrary to the aims of medicine for a physician to administer euthanasia to a terminal patient who requests it?

3. Is the risk of sliding down a “slippery slope” a sufficient reason for rejecting the legalization of voluntary euthanasia?

4. Is it up to opponents of legalized euthanasia to show that the potential risks will be realized, or up to supporters to show that the risks will not be realized?

5. Do terminal patients who want to die by suicide have a right to assistance in committing suicide? Do terminal patients who want to die by homicide have the right to be killed by another?

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An Examined Life: Critical Thinking and Ethics322

BIBLIOGRAPHY

James Rachels, “Active and Passive Euthanasia.” New England Journal of Medicine 292 (1975).

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323

CHAPTER 11: The Death Penalty

INTRODUCTION

The ethical analysis of capital punishment falls within the scope of the broader discussion of punishment by the state. Punishment is the deliberate limitation or revocation of rights and liberties by the government and, as such, it must be justified. There are four contemporary theories for the justification of punishment by the state. Capital punishment--the premeditated legal killing of a criminal by the state for his or her crimes is certainly the greatest punishment the state can exact against any criminal. There are strong arguments on both sides of this issue. Some, harking to arguments from religion, argue that life is sacred and that only God or some higher authority has the right to take the life of a person. Others argue that capital punishment dehumanizes the criminal and society as a whole as we become insensitive to the importance of life. This last arguments fall in the Aristotelian camp of virtue ethics: what kind of person would do this, what sort of country does this? Later in this chapter, Sister Helen Prejean—a Catholic nun perhaps best known for the book, play and film Dead Man Walking—forgoes the Catholic Church’s usual anti-death penalty position from a Divine Command or Natural Law argument, opting instead for a powerful Aristotelian argument in her article “Would Jesus pull the switch?” In other words, and Sister Helen knows how to back this up with biblical references, the answer to “What would Jesus do?” is not likely to be “Torture and kill the guy.” A virtuous person would not do that.

Some proponents of the death penalty argue that punishment requires taking an eye for an eye, and as such the murderer ought to have his or her life taken by the state. Some argue that certain crimes and criminals are so reprehensible that the criminal does not deserve to breathe the air of the innocent and ought to have their life ended. Curiously, this is the Kantian position on the death penalty.

Some theories of Punishment related to the death penalty are worth noting: • RETRIBUTIVE THEORY--Lex Talionis, an eye for an eye. This theory falls in the

category of direct retributivism, that is, a person committing a crime ought to be punished for the crime by having the same crime inflicted upon them; literally, an eye for an eye. Yet this is not practical. If a murder kills your father, are we to kill his father, is a rapist to be raped? It simply is not practical to employ this type of Retributivism. Proportional retributivism, a slight variation, claims that a person should be punished in a way proportional to the crime he or she com- mitted. We are going to inflict pain and suffering to an equal degree upon them. The rapist is not going to be raped, but he is going to suffer in a equal degree.

• FORFEITURE THEORY This theory states that although we have certain positive rights within society, when we violate laws and violate the rights of others, then we forfeit our own rights. As such we must be punished for these violations, and the

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Capital punishment has a long history in Western Society. Holy books, such as the Hebrew and Christian scriptures, although citing commandments such as “Thou Shall not Kill” (Exodus 20) also have lesser-known rules (immediately following the commandments, in Exodus 21) such as “Anyone who curses his father or mother is to be put to death” (Exodus 20 verse 17).

The Spanish who first settled in the Americas meted out the death penalty much as they had done in their own country. The most prominent among these was the burning at the stake of the Taíno cacique Hatuey, a pioneer in the opposition to colonial powers in the New World. His execution was recorded by Friar Bartolomé de Las Casas and became the seed for a future argument against both slavery and the death penalty in the colonies: The first anti-slavery book, A Just Defense of the Natural Freedom of Slaves by Fr. Epifanio de Moirans, written in Havana, Cuba in 1682 and discovered in the Archive of the Indies, translated and edited as recently as 2007 by Prof. Edward Sunshine of Barry University. A century after the arrival of the Spanish, we find the first recorded instance of capital punishment in the English colonies in 1608, the execution of Captain George Kendall at the Jamestown colony. The use of the death penalty in the United States has ebbed and waned over the centuries--currently a slim majority of Americans favor the death penalty, with Texas and Florida topping the list of states with the most executions to

state has the right, obligation and duty to see that we are punished. Immanuel Kant provides a good foundation for this theory and practice.

• DETERRENCE THEORY This theory claims that punishing criminals deters others from committing the same crimes. Punishment is justified only if it has a deterrent effect. If punishment did not deter future crimes then there would be no reason to punish people. This is a Utilitarian argument and, as such, easy to analyze. The United States in fact has more violent crime and murder per capita that any of our allies that do not have the death penalty, so clearly the claim of deterrence as a justifitcation for the death penalty is wrong. Capital punishment has not been shown to diminish murder. Of course other facts may be at play here, including the ease with which a gun can be purchased in the United States compared to in Canada any country in Europe. Still, there is no evidence for the deterrence theory.

• REFORM THEORY This theory claims that the goal of punishment is to reform criminals. If the punishment does not have such an effect then it is not justi- fied. Clearly, the death penalty does not reform the criminal, it simply kills the criminal.

• MIXED THEORIES It is possible to mix elements of the different theories and claim that together they justify punishment. The argument of unfairness is as clear as it is challenging: There are no rich people in death row, and the vast majority of executed criminals are Black or Hispanic. Another major complicat- ing element in recent decades has been the advent of DNA evidence. It turns out that as many as 5% of the criminals executed have been proved to be innocent, and that percentage applies still to today’s death-row inmates. One can always let an exonerated prisoner out of jail, with apologies for the time served; but one cannot let anyone out of a grave even if he or she was been proved innocent. That mistake can’t be fixed.

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325Chapter 11: The Death Penalty

date. In the late 20th Century a number of Supreme Court cases established the current law regarding the death penalty in the United States. Most of our European allies as well as Canada no longer have the death penalty as an option for punishment and consider it barbaric.

In Furman v. Georgia (1972) the Supreme Court ruled that capital punishment statutes in certain states were “cruel and unusual“, and therefore unconstitutional. The court also noted that there was not consistent application of the law in certain jurisdictions. In Gregg v. Georgia (1976) the Court ruled that newly revised death penalty statutes adding a long appeal process in Florida, Georgia, and Texas were constitutional, thus reinstating the death penalty in those states and the death penalty was ruled constitutional in the United States again.

Currently 100 countries have abolished the death penalty. It still is legal in 48 countries that in fact have not carried out an execution in 10 years or more. And in 40 other countries it is routinely practiced: among some nations of note that routinely carry out executions are North Korea, Iran, Cuba, China and the United States.

Octavio Roca and Matthew Schuh

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Abel: Discourses Applied Ethics and Social Ethics: Capital Punishment

Immanuel Kant, ‘‘The Metaphysics of Morals’’ (selection)

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The Metaphysics of Morals

Immanuel Kant

Immanuel Kant was born in 1724 in Königsberg, Prussia, where he spent his entire life. As a boy he attended the Collegium Fridericanum, a school run by the Pietists (the Lutheran sect to which his family belonged). In 1740 he enrolled in the University of Königsberg, where he studied a wide variety of subjects, including theology, philosophy, mathematics, physics, and medicine. He withdrew from the university in 1747 to support himself by working as a private tutor for families in the Königsberg area. He resumed his studies in 1754 and completed his degree the following year. He then became a lecturer at the University of Königsberg, teaching such diverse subjects as mathematics, geography, mineralogy, and philosophy. Fifteen years later he was appointed Professor of Logic and Metaphysics. His writings—especially his monumental Critique of Pure Reason (1781)—brought him increasing fame, and students came from afar to hear him lecture. In 1797 he stopped lecturing, but he continued to write. He died in Königsberg in 1804 at the age of seventy-nine.

Kant’s principal works, in addition to the Critique of Pure Reason, are Prolegomena to Any Future Metaphysics (1783), Fundamental Principles of the Metaphysics of Morals (1785), Critique of Practical Reason (1788), Critique of Judgment (1790), and The Metaphysics of Morals (1797).

Our reading is from the section of The Metaphysics of Morals entitled “The Right of Punishing,” which examines the right of the state to punish criminals. Kant argues that the fundamental justification for punishing criminals is that they deserve to suffer because of their offenses. It would be immoral to punish criminals primarily for their own good or for the good of society, because this would be using them as a means to an end and not respecting them as ends in themselves—and for Kant it is always immoral to treat someone simply as a means to an end. Kant argues that society has not only a right but a duty to punish, because justice demands that criminals pay for their deeds. The severity of the penalty for a crime is determined by the principle of retaliation, which states that a punishment should, as far as possible, match the crime. In the case of murder, the principle of retaliation requires that a murderer be executed, for “there is no likeness or proportion between life, however, painful, and death.” Kant also maintains that the state must kill all accomplices to murder, except when the accomplices are so numerous that few persons would be left in the state, or when the spectacle of mass execution would “deaden the sensibilities of the people.”

Part I, Metaphysical Principles of the Doctrine of Right; Second

Part, Public Right

Section 1, The Right of a State; Part E, The Right of Punishing and Pardon-

ing; Section 1, The Right of Punishing The right of administering punish- ment is the right of the sovereign as the supreme power to inflict pain upon a subject on account of a crime committed by him. The head of the state cannot therefore be punished, but his supremacy may be withdrawn from him. Any transgression of the public law which makes him who com- mits it incapable of being a citizen, constitutes a crime, either simply as a private crime, or also as a public crime. Private crimes are dealt with by a civil court; public crimes by a criminal court. Embezzlement ([misappro-

The Metaphysics of Morals (selection): Reading 183 Abel: Discourses Applied Ethics and Social Ethics: Capital Punishment Immanuel Kant, ‘‘The Metaphysics of Morals’’ (selection)

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priation] of money or goods entrusted in trade) [and] fraud in purchase or sale, if done before the eyes of the party who suffers, are private crimes. On the other hand, coining false money or forging bills of exchange, theft, robbery, and so on, are public crimes because the commonwealth, and not merely some particular individual, is endangered thereby. Such crimes may be divided into those of a base character and those of a violent character.

Judicial (juridical) punishment is to be distinguished from natural punishment, in which crime as vice punishes itself and does not as such come within the [jurisdiction] of the legislator. Juridical punishment can never be administered merely as a means for promoting another good ei- ther with regard to the criminal himself or to civil society, but must in all cases be imposed only because the individual on whom it is inflicted has committed a crime. For one man ought never to be dealt with merely as a means subservient to the purpose of another, nor be mixed up with the subjects of [rights to things]. Against such treatment his inborn personality has a right to protect him, even though he may be condemned to lose his civil personality. He must first be found guilty and punishable, before there can be any thought of drawing from his punishment any benefit for him- self or his fellow-citizens. The penal law is a categorical imperative;1 and woe to him who creeps through the serpent-windings of [a happiness-based ethics] to discover some advantage that may discharge him from the justice of punishment, or even from the due measure of it, according to the phari- saic maxim, “It is better that one man should die than that the whole peo- ple should perish.”2 For if justice and righteousness perish, human life would no longer have any value in the world. What, then, is to be said of such a proposal as to keep a criminal alive who has been condemned to death, on his being given to understand that if he agreed to certain dan- gerous experiments being performed upon him, he would be allowed to survive if he came happily through them? It is argued that physicians might thus obtain new information that would be of value to the commonweal. But a court of justice would repudiate with scorn any proposal of this kind if made to it by the medical faculty; for justice would cease to be justice if it were bartered away for any consideration whatever.

But what is the mode and measure of punishment which public justice takes as its principle and standard? It is just the principle of equality, by which the pointer of the scale of justice is made to incline no more to the one side than the other. It may be rendered by saying that the undeserved evil which anyone commits on another is to be regarded as perpetrated on himself. Hence it may be said: “If you slander another, you slander yourself; if you steal from another, you steal from yourself; if you strike another, you strike yourself; if you kill another, you kill yourself.” This is the right of RE- TALIATION, and properly understood, it is the only principle which, in regu- lating a public court, as distinguished from mere private judgment, can definitely assign both the quality and the quantity of a just penalty. All other standards are wavering and uncertain; and on account of other con-

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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327Abel: Discourses Applied Ethics and Social Ethics: Capital Punishment

Immanuel Kant, ‘‘The Metaphysics of Morals’’ (selection)

© The McGraw−Hill Companies, 2006

The Metaphysics of Morals

Immanuel Kant

Immanuel Kant was born in 1724 in Königsberg, Prussia, where he spent his entire life. As a boy he attended the Collegium Fridericanum, a school run by the Pietists (the Lutheran sect to which his family belonged). In 1740 he enrolled in the University of Königsberg, where he studied a wide variety of subjects, including theology, philosophy, mathematics, physics, and medicine. He withdrew from the university in 1747 to support himself by working as a private tutor for families in the Königsberg area. He resumed his studies in 1754 and completed his degree the following year. He then became a lecturer at the University of Königsberg, teaching such diverse subjects as mathematics, geography, mineralogy, and philosophy. Fifteen years later he was appointed Professor of Logic and Metaphysics. His writings—especially his monumental Critique of Pure Reason (1781)—brought him increasing fame, and students came from afar to hear him lecture. In 1797 he stopped lecturing, but he continued to write. He died in Königsberg in 1804 at the age of seventy-nine.

Kant’s principal works, in addition to the Critique of Pure Reason, are Prolegomena to Any Future Metaphysics (1783), Fundamental Principles of the Metaphysics of Morals (1785), Critique of Practical Reason (1788), Critique of Judgment (1790), and The Metaphysics of Morals (1797).

Our reading is from the section of The Metaphysics of Morals entitled “The Right of Punishing,” which examines the right of the state to punish criminals. Kant argues that the fundamental justification for punishing criminals is that they deserve to suffer because of their offenses. It would be immoral to punish criminals primarily for their own good or for the good of society, because this would be using them as a means to an end and not respecting them as ends in themselves—and for Kant it is always immoral to treat someone simply as a means to an end. Kant argues that society has not only a right but a duty to punish, because justice demands that criminals pay for their deeds. The severity of the penalty for a crime is determined by the principle of retaliation, which states that a punishment should, as far as possible, match the crime. In the case of murder, the principle of retaliation requires that a murderer be executed, for “there is no likeness or proportion between life, however, painful, and death.” Kant also maintains that the state must kill all accomplices to murder, except when the accomplices are so numerous that few persons would be left in the state, or when the spectacle of mass execution would “deaden the sensibilities of the people.”

Part I, Metaphysical Principles of the Doctrine of Right; Second

Part, Public Right

Section 1, The Right of a State; Part E, The Right of Punishing and Pardon-

ing; Section 1, The Right of Punishing The right of administering punish- ment is the right of the sovereign as the supreme power to inflict pain upon a subject on account of a crime committed by him. The head of the state cannot therefore be punished, but his supremacy may be withdrawn from him. Any transgression of the public law which makes him who com- mits it incapable of being a citizen, constitutes a crime, either simply as a private crime, or also as a public crime. Private crimes are dealt with by a civil court; public crimes by a criminal court. Embezzlement ([misappro-

The Metaphysics of Morals (selection): Reading 183 The Metaphysics of Morals (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Capital Punishment Immanuel Kant, ‘‘The Metaphysics of Morals’’ (selection)

© The McGraw−Hill Companies, 2006

priation] of money or goods entrusted in trade) [and] fraud in purchase or sale, if done before the eyes of the party who suffers, are private crimes. On the other hand, coining false money or forging bills of exchange, theft, robbery, and so on, are public crimes because the commonwealth, and not merely some particular individual, is endangered thereby. Such crimes may be divided into those of a base character and those of a violent character.

Judicial (juridical) punishment is to be distinguished from natural punishment, in which crime as vice punishes itself and does not as such come within the [jurisdiction] of the legislator. Juridical punishment can never be administered merely as a means for promoting another good ei- ther with regard to the criminal himself or to civil society, but must in all cases be imposed only because the individual on whom it is inflicted has committed a crime. For one man ought never to be dealt with merely as a means subservient to the purpose of another, nor be mixed up with the subjects of [rights to things]. Against such treatment his inborn personality has a right to protect him, even though he may be condemned to lose his civil personality. He must first be found guilty and punishable, before there can be any thought of drawing from his punishment any benefit for him- self or his fellow-citizens. The penal law is a categorical imperative;1 and woe to him who creeps through the serpent-windings of [a happiness-based ethics] to discover some advantage that may discharge him from the justice of punishment, or even from the due measure of it, according to the phari- saic maxim, “It is better that one man should die than that the whole peo- ple should perish.”2 For if justice and righteousness perish, human life would no longer have any value in the world. What, then, is to be said of such a proposal as to keep a criminal alive who has been condemned to death, on his being given to understand that if he agreed to certain dan- gerous experiments being performed upon him, he would be allowed to survive if he came happily through them? It is argued that physicians might thus obtain new information that would be of value to the commonweal. But a court of justice would repudiate with scorn any proposal of this kind if made to it by the medical faculty; for justice would cease to be justice if it were bartered away for any consideration whatever.

But what is the mode and measure of punishment which public justice takes as its principle and standard? It is just the principle of equality, by which the pointer of the scale of justice is made to incline no more to the one side than the other. It may be rendered by saying that the undeserved evil which anyone commits on another is to be regarded as perpetrated on himself. Hence it may be said: “If you slander another, you slander yourself; if you steal from another, you steal from yourself; if you strike another, you strike yourself; if you kill another, you kill yourself.” This is the right of RE- TALIATION, and properly understood, it is the only principle which, in regu- lating a public court, as distinguished from mere private judgment, can definitely assign both the quality and the quantity of a just penalty. All other standards are wavering and uncertain; and on account of other con-

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siderations involved in them, they contain no principle conformable to the sentence of pure and strict justice. It may appear, however, that difference of social status would not admit the application of the principle of retalia- tion, which is that of “like with like.” But although the application may not in all cases be possible according to the letter, yet as regards the effect it may always be attained in practice, by due regard being given to the dispo- sition and sentiment of the parties in the higher social sphere. Thus a pe- cuniary penalty on account of a verbal injury may have no direct propor- tion to the injustice of slander, for one who is wealthy may be able to indulge himself in this offence for his own gratification. Yet the attack com- mitted on the honour of the party aggrieved may have its equivalent in the pain inflicted upon the pride of the aggressor, especially if he is con- demned by the judgment of the court, not only to retract and apologize but to submit to some meaner ordeal, as kissing the hand of the injured person. In like manner, if a man of the highest rank has violently assaulted an innocent citizen of the lower orders, he may be condemned not only to apologize but to undergo a solitary and painful imprisonment, whereby, in addition to the discomfort endured, the vanity of the offender would be painfully affected, and the very shame of his position would constitute an adequate retaliation after the principle of “like with like.” But how then would we render the statement, “If you steal from another, you steal from yourself”? In this way, that whoever steals anything makes the property of all insecure; he therefore robs himself of all security in property, according to the right of retaliation. Such a one has nothing and can acquire noth- ing, but he has the will to live; and this is only possible by others support- ing him. But as the state should not do this gratuitously, he must for this purpose yield his powers to the state to be used in penal labour; and thus he falls for a time, or it may be for life, into a condition of slavery. But who- ever has committed murder must die. There is, in this case, no juridical substitute or surrogate that can be given or taken for the satisfaction of jus- tice. There is no likeness or proportion between life, however painful, and death; and therefore there is no equality between the crime of murder and the retaliation of it but what is judicially accomplished by the execution of the criminal. His death, however, must be kept free from all maltreatment that would make the humanity suffering in his person loathsome or abom- inable. Even if a civil society resolved to dissolve itself with the consent of all its members—as might be supposed in the case of a people inhabiting an island resolving to separate and scatter themselves throughout the whole world—the last murderer lying in the prison ought to be executed before the resolution was carried out. This ought to be done in order that everyone may realize the desert of his deeds, and that bloodguilt may not remain upon the people; for otherwise they might all be regarded as par- ticipators in the murder as a public violation of justice.

The equalization of punishment with crime is therefore only possible by the [sentence] of the judge extending even to the penalty of death, ac-

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cording to the right of retaliation. This is manifest from the fact that it is only thus that a sentence can be pronounced over all criminals proportion- ate to their internal wickedness—as may be seen by considering the case when the punishment of death has to be inflicted, not on account of a murder, but on account of a political crime that can only be punished capi- tally. A hypothetical case, founded on history, will illustrate this. In the last Scottish rebellion there were various participators in it—such as Balmerino and others—who believed that in taking part in the rebellion they were only discharging their duty to the House of Stuart;3 but there were also others who were animated only by private motives and interests. Now, sup- pose that the judgment of the supreme court regarding them had been this: that every one should have liberty to choose between the punishment of death or penal servitude for life. In view of such an alternative, I say that the man of honour would choose death, and the knave would choose servi- tude. This would be the effect of their human nature as it is; for the hon- ourable man values his honour more highly than even life itself, whereas a knave regards a life, although covered with shame, as better in his eyes than not to be. The former is, without gainsaying, less guilty than the other; and they can only be proportionately punished by death being inflicted equally upon them both; yet to the one it is a mild punishment when his nobler temperament is taken into account, whereas it is a hard punishment to the other in view of his baser temperament. But on the other hand, were they all equally condemned to penal servitude for life, the honourable man would be too severely punished, while the other, on account of his baseness of nature, would be too mildly punished. In the judgment to be pronounced over a number of criminals united in such a conspiracy, the best equalizer of punishment and crime in the form of pub- lic justice is death. And besides all this, it has never been heard of, that a criminal condemned to death on account of a murder has complained that the sentence inflicted on him more than was [excessive and therefore un- just]; and anyone would treat him with scorn if he expressed himself to this effect against it. Otherwise it would be necessary to admit that although wrong and injustice are not done to the criminal by the law, yet the legisla- tive power is not entitled to administer this mode of punishment; and that if it did so, it would be in contradiction with itself.

However many they may be who have committed a murder, or have even commanded it, or [have taken] part in it—they ought all to suffer death. For so justice wills it, in accordance with the idea of the juridical power as founded on the universal laws of reason. But the number of the accomplices in such a deed might happen to be so great that the state, in resolving to be without such criminals, would be in danger of soon also being deprived of subjects. But it [must] not thus dissolve itself; neither must it return to the much worse condition of nature, in which there would be no external justice. Nor, above all, should it deaden the sensibili- ties of the people by the spectacle of justice being exhibited in the mere

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siderations involved in them, they contain no principle conformable to the sentence of pure and strict justice. It may appear, however, that difference of social status would not admit the application of the principle of retalia- tion, which is that of “like with like.” But although the application may not in all cases be possible according to the letter, yet as regards the effect it may always be attained in practice, by due regard being given to the dispo- sition and sentiment of the parties in the higher social sphere. Thus a pe- cuniary penalty on account of a verbal injury may have no direct propor- tion to the injustice of slander, for one who is wealthy may be able to indulge himself in this offence for his own gratification. Yet the attack com- mitted on the honour of the party aggrieved may have its equivalent in the pain inflicted upon the pride of the aggressor, especially if he is con- demned by the judgment of the court, not only to retract and apologize but to submit to some meaner ordeal, as kissing the hand of the injured person. In like manner, if a man of the highest rank has violently assaulted an innocent citizen of the lower orders, he may be condemned not only to apologize but to undergo a solitary and painful imprisonment, whereby, in addition to the discomfort endured, the vanity of the offender would be painfully affected, and the very shame of his position would constitute an adequate retaliation after the principle of “like with like.” But how then would we render the statement, “If you steal from another, you steal from yourself”? In this way, that whoever steals anything makes the property of all insecure; he therefore robs himself of all security in property, according to the right of retaliation. Such a one has nothing and can acquire noth- ing, but he has the will to live; and this is only possible by others support- ing him. But as the state should not do this gratuitously, he must for this purpose yield his powers to the state to be used in penal labour; and thus he falls for a time, or it may be for life, into a condition of slavery. But who- ever has committed murder must die. There is, in this case, no juridical substitute or surrogate that can be given or taken for the satisfaction of jus- tice. There is no likeness or proportion between life, however painful, and death; and therefore there is no equality between the crime of murder and the retaliation of it but what is judicially accomplished by the execution of the criminal. His death, however, must be kept free from all maltreatment that would make the humanity suffering in his person loathsome or abom- inable. Even if a civil society resolved to dissolve itself with the consent of all its members—as might be supposed in the case of a people inhabiting an island resolving to separate and scatter themselves throughout the whole world—the last murderer lying in the prison ought to be executed before the resolution was carried out. This ought to be done in order that everyone may realize the desert of his deeds, and that bloodguilt may not remain upon the people; for otherwise they might all be regarded as par- ticipators in the murder as a public violation of justice.

The equalization of punishment with crime is therefore only possible by the [sentence] of the judge extending even to the penalty of death, ac-

The Metaphysics of Morals (selection): Reading 185 The Metaphysics of Morals (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Capital Punishment Immanuel Kant, ‘‘The Metaphysics of Morals’’ (selection)

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cording to the right of retaliation. This is manifest from the fact that it is only thus that a sentence can be pronounced over all criminals proportion- ate to their internal wickedness—as may be seen by considering the case when the punishment of death has to be inflicted, not on account of a murder, but on account of a political crime that can only be punished capi- tally. A hypothetical case, founded on history, will illustrate this. In the last Scottish rebellion there were various participators in it—such as Balmerino and others—who believed that in taking part in the rebellion they were only discharging their duty to the House of Stuart;3 but there were also others who were animated only by private motives and interests. Now, sup- pose that the judgment of the supreme court regarding them had been this: that every one should have liberty to choose between the punishment of death or penal servitude for life. In view of such an alternative, I say that the man of honour would choose death, and the knave would choose servi- tude. This would be the effect of their human nature as it is; for the hon- ourable man values his honour more highly than even life itself, whereas a knave regards a life, although covered with shame, as better in his eyes than not to be. The former is, without gainsaying, less guilty than the other; and they can only be proportionately punished by death being inflicted equally upon them both; yet to the one it is a mild punishment when his nobler temperament is taken into account, whereas it is a hard punishment to the other in view of his baser temperament. But on the other hand, were they all equally condemned to penal servitude for life, the honourable man would be too severely punished, while the other, on account of his baseness of nature, would be too mildly punished. In the judgment to be pronounced over a number of criminals united in such a conspiracy, the best equalizer of punishment and crime in the form of pub- lic justice is death. And besides all this, it has never been heard of, that a criminal condemned to death on account of a murder has complained that the sentence inflicted on him more than was [excessive and therefore un- just]; and anyone would treat him with scorn if he expressed himself to this effect against it. Otherwise it would be necessary to admit that although wrong and injustice are not done to the criminal by the law, yet the legisla- tive power is not entitled to administer this mode of punishment; and that if it did so, it would be in contradiction with itself.

However many they may be who have committed a murder, or have even commanded it, or [have taken] part in it—they ought all to suffer death. For so justice wills it, in accordance with the idea of the juridical power as founded on the universal laws of reason. But the number of the accomplices in such a deed might happen to be so great that the state, in resolving to be without such criminals, would be in danger of soon also being deprived of subjects. But it [must] not thus dissolve itself; neither must it return to the much worse condition of nature, in which there would be no external justice. Nor, above all, should it deaden the sensibili- ties of the people by the spectacle of justice being exhibited in the mere

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Immanuel Kant, ‘‘The Metaphysics of Morals’’ (selection)

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carnage of a slaughtering bench. In such circumstances, the sovereign must always be allowed to have it in his power to take the part of the judge upon himself as a case of necessity—and to deliver a judgment which, in- stead of the penalty of death, shall assign some other punishment to the criminals and thereby preserve a multitude of the people.

NOTES

1. categorical imperative: a moral obligation that binds unconditionally, irre- spective of the consequences (e.g., happiness or misery) that may result from fulfilling the obligation [D.C.A., ed.]

2. See John 11:50. [D.C.A.] 3. The Scottish rebellion of 1745–1746 was an unsuccessful attempt to put

Charles Edward Stuart on the English throne. One of the rebels was Arthur Elphinstone, Baron Balmerino (1688–1746), who was captured and executed. [D.C.A.]

The Metaphysics of Morals (selection): Reading 187 Abel: Discourses Applied Ethics and Social Ethics: Capital Punishment Immanuel Kant, ‘‘The Metaphysics of Morals’’ (selection)

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The Metaphysics of Morals Immanuel Kant

Reading Questions

According to Kant:

1. Why may judicial punishment not be administered merely as a means to promote the good of the criminal or the good of society?

2. In a public court, by what principle should the quality and quantity of punishment be determined?

3. Why does justice demand that every murderer be executed?

4. In the hypothetical case of a rebellion against the government by both honorable and base persons, why would it be better to execute all the rebels than to sentence them all to penal servitude for life?

5. When murder has been committed by a large number of accomplices, in what circumstances is it permissible not to execute the murderers?

Discussion Questions

In your own view:

1. Is it wrong to punish a criminal primarily as a means to reform the criminal?

2. Is it wrong to punish a criminal primarily as a means to deter others from committing similar crimes?

3. Is retribution a legitimate basis for punishment? If so, is it the only legitimate basis?

4. Is execution the only just penalty for murder? If not, what alternate penalty could be just?

5. Would it be just retribution to torture and kill a criminal who has tortured and murdered someone? If not, what makes such retribution unjust?

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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331Abel: Discourses Applied Ethics and Social Ethics: Capital Punishment

Immanuel Kant, ‘‘The Metaphysics of Morals’’ (selection)

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carnage of a slaughtering bench. In such circumstances, the sovereign must always be allowed to have it in his power to take the part of the judge upon himself as a case of necessity—and to deliver a judgment which, in- stead of the penalty of death, shall assign some other punishment to the criminals and thereby preserve a multitude of the people.

NOTES

1. categorical imperative: a moral obligation that binds unconditionally, irre- spective of the consequences (e.g., happiness or misery) that may result from fulfilling the obligation [D.C.A., ed.]

2. See John 11:50. [D.C.A.] 3. The Scottish rebellion of 1745–1746 was an unsuccessful attempt to put

Charles Edward Stuart on the English throne. One of the rebels was Arthur Elphinstone, Baron Balmerino (1688–1746), who was captured and executed. [D.C.A.]

The Metaphysics of Morals (selection): Reading 187 The Metaphysics of Morals (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Capital Punishment Immanuel Kant, ‘‘The Metaphysics of Morals’’ (selection)

© The McGraw−Hill Companies, 2006

The Metaphysics of Morals Immanuel Kant

Reading Questions

According to Kant:

1. Why may judicial punishment not be administered merely as a means to promote the good of the criminal or the good of society?

2. In a public court, by what principle should the quality and quantity of punishment be determined?

3. Why does justice demand that every murderer be executed?

4. In the hypothetical case of a rebellion against the government by both honorable and base persons, why would it be better to execute all the rebels than to sentence them all to penal servitude for life?

5. When murder has been committed by a large number of accomplices, in what circumstances is it permissible not to execute the murderers?

Discussion Questions

In your own view:

1. Is it wrong to punish a criminal primarily as a means to reform the criminal?

2. Is it wrong to punish a criminal primarily as a means to deter others from committing similar crimes?

3. Is retribution a legitimate basis for punishment? If so, is it the only legitimate basis?

4. Is execution the only just penalty for murder? If not, what alternate penalty could be just?

5. Would it be just retribution to torture and kill a criminal who has tortured and murdered someone? If not, what makes such retribution unjust?

188 An Examined Life Critical Thinking and Ethics

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Capital Punishment

Hugo Adam Bedau

Hugo Adam Bedau was born in Portland, Oregon, in 1926. He entered the Naval Of- ficer Procurement Program at the University of Southern California in 1944 and served in the Naval Reserve for two years. Bedau completed a bachelor’s degree at the Univer- sity of Redlands in 1949 and subsequently enrolled in the graduate program in philoso- phy at Harvard University, receiving his M.A. in 1953. He then taught at Dartmouth College (1953 – 1954) and Princeton University (1954 – 1961). After completing his Ph.D. at Harvard in 1961, Bedau accepted an appointment at Reed College. Since 1966 he has been at Tufts University, where he is now Austin Fletcher Professor of Philosophy.

Bedau’s publications include The Death Penalty in America (editor, 1964; 3d ed., 1982), Victimless Crimes: Two Sides of a Controversy (coauthor with Edwin M. Schur, 1974), The Courts, the Constitution, and Capital Punishment (1977), Death Is Different: Studies in the Morality, Law, and Politics of Capital Punishment (1987), and Civil Disobedience in Focus (editor, 1991).

Our reading is taken from the final three sections of Bedau’s essay ‘‘Capital Pun- ishment’’ (1993 revision; originally published 1980). In Section IV, ‘‘Capital Punish- ment and Social Defense,’’ Bedau examines the argument that, just as an individual may kill another person in self-defense in certain circumstances, so a society may some- times kill a criminal as a means of social self-defense. He argues that the goals of social defense (preventing the criminal from committing additional offenses, deterring others) are achieved roughly equally by long-term imprisonment and by capital pun- ishment. In Section V, ‘‘Capital Punishment and Retributive Justice,’’ Bedau argues that although the principle of retribution (that the punishment should fit the crime) has some merit, justice does not require that murderers be killed. In Section VI, ‘‘Con- clusion,’’ Bedau states his own view that, in light of all the data and arguments he has examined, ‘‘the balance of reasons favors abolition of the death penalty.’’

IV. Capital Punishment and Social Defense

The Analogy with Self-Defense Capital punishment, it is sometimes said, is to the body politic what self-defense is to the individual. If the latter is not morally wrong, how can the former be? To assess the strength of this anal- ogy, we need first to inspect the morality of self-defense.

Except for absolute pacifists, who believe it is morally wrong to use vio- lence even to defend themselves or others from undeserved aggression, most of us believe that it is not morally wrong and may even be our moral duty to use violence to prevent aggression directed against either ourselves or innocent third parties. The law has long granted persons the right to defend themselves against the unjust aggressions of others, even to the ex- tent of using lethal force to kill an assailant. It is very difficult to think of any convincing argument that would show it is never rational to risk the death of another to prevent death or grave injury to oneself. Certainly self-interest

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994

From Bedau, Hugo Adam, ‘‘Capital Punishment,’’ in Regan, Tom, ed., Matters of Life and Death, 3rd Ed., pp. 176 – 191. Copyright © 1993 by McGraw-Hill, Inc. Reproduced by permission of McGraw-Hill, Inc.

Capital Punishment (selection): Reading 189

dictates the legitimacy of self-defense. So does concern for the well-being of others. So also does justice. If it is unfair for one person to inflict undeserved violence on another, then it is hard to see how morality could require the victim to acquiesce in the attempt by another to do so, even if resistance involves risks or injury to the assailant.

The foregoing account assumes that the person acting in self-defense is innocent of any provocation of the assailant. It also assumes that there is no alternative to victimization except resistance. In actual life, both assumptions — especially the second — are often false, because there may be a third alternative: escape, or removing oneself from the scene of imminent aggression. Hence, the law imposes on us the ‘‘duty to retreat.’’ Before we use violence to resist aggression, we must try to get out of the way, lest unnecessary violence be used to resist aggression. Now suppose that unjust aggression is imminent, and there is no path open for escape. How much violence may justifiably be used to ward off aggression? The answer is: No more violence than is necessary to prevent the aggressive assault. Violence beyond that is unnecessary and therefore unjustified. We may restate the principle governing the use of violence in self-defense by reference to the concept of ‘‘deadly force’’ by the police in the discharge of their duties. The rule is this: Use of deadly force is justified only to prevent loss of life in immediate jeopardy where a lesser use of force cannot reasonably be ex- pected to save the life that is threatened.

In real life, violence in self-defense in excess of the minimum necessary to prevent aggression, even though it is not justifiable, is often excusable. One cannot always tell what will suffice to deter an aggressor and avoid becoming a victim; thus the law looks with a certain tolerance upon the frightened and innocent would-be victim who in self-protection turns upon a vicious assailant and inflicts a fatal injury even though a lesser injury would have been sufficient. What is not justified is deliberately using more violence than is necessary to avoid becoming a victim. It is the deliberate, not the impulsive or the unintentional, use of violence that is relevant to the death- penalty controversy, since the death penalty is enacted into law and carried out in each case deliberately — with ample time to weigh alternatives. Notice that we are assuming that the act of self-defense is to protect oneself or a third party. The reasoning outlined here does not extend to the defense of one’s property. Shooting a thief to prevent one’s automobile from being stolen cannot be excused or justified in the way that shooting an assailant charging with a knife pointed at one’s face can be. Our criterion must be that deadly force is never justified to prevent crimes against property or other violent crimes not immediately threatening the life of an innocent person.

The rationale for self-defense as set out above illustrates two moral prin- ciples of great importance to our discussion. One is that if a life is to be risked, then it is better that it be the life of someone who is guilty (in this context, the initial assailant) rather than the life of someone who is not (the

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994190 An Examined Life Critical Thinking and Ethics

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© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Capital Punishment (selection): Reading 333

Capital Punishment

Hugo Adam Bedau

Hugo Adam Bedau was born in Portland, Oregon, in 1926. He entered the Naval Of- ficer Procurement Program at the University of Southern California in 1944 and served in the Naval Reserve for two years. Bedau completed a bachelor’s degree at the Univer- sity of Redlands in 1949 and subsequently enrolled in the graduate program in philoso- phy at Harvard University, receiving his M.A. in 1953. He then taught at Dartmouth College (1953 – 1954) and Princeton University (1954 – 1961). After completing his Ph.D. at Harvard in 1961, Bedau accepted an appointment at Reed College. Since 1966 he has been at Tufts University, where he is now Austin Fletcher Professor of Philosophy.

Bedau’s publications include The Death Penalty in America (editor, 1964; 3d ed., 1982), Victimless Crimes: Two Sides of a Controversy (coauthor with Edwin M. Schur, 1974), The Courts, the Constitution, and Capital Punishment (1977), Death Is Different: Studies in the Morality, Law, and Politics of Capital Punishment (1987), and Civil Disobedience in Focus (editor, 1991).

Our reading is taken from the final three sections of Bedau’s essay ‘‘Capital Pun- ishment’’ (1993 revision; originally published 1980). In Section IV, ‘‘Capital Punish- ment and Social Defense,’’ Bedau examines the argument that, just as an individual may kill another person in self-defense in certain circumstances, so a society may some- times kill a criminal as a means of social self-defense. He argues that the goals of social defense (preventing the criminal from committing additional offenses, deterring others) are achieved roughly equally by long-term imprisonment and by capital pun- ishment. In Section V, ‘‘Capital Punishment and Retributive Justice,’’ Bedau argues that although the principle of retribution (that the punishment should fit the crime) has some merit, justice does not require that murderers be killed. In Section VI, ‘‘Con- clusion,’’ Bedau states his own view that, in light of all the data and arguments he has examined, ‘‘the balance of reasons favors abolition of the death penalty.’’

IV. Capital Punishment and Social Defense

The Analogy with Self-Defense Capital punishment, it is sometimes said, is to the body politic what self-defense is to the individual. If the latter is not morally wrong, how can the former be? To assess the strength of this anal- ogy, we need first to inspect the morality of self-defense.

Except for absolute pacifists, who believe it is morally wrong to use vio- lence even to defend themselves or others from undeserved aggression, most of us believe that it is not morally wrong and may even be our moral duty to use violence to prevent aggression directed against either ourselves or innocent third parties. The law has long granted persons the right to defend themselves against the unjust aggressions of others, even to the ex- tent of using lethal force to kill an assailant. It is very difficult to think of any convincing argument that would show it is never rational to risk the death of another to prevent death or grave injury to oneself. Certainly self-interest

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994

From Bedau, Hugo Adam, ‘‘Capital Punishment,’’ in Regan, Tom, ed., Matters of Life and Death, 3rd Ed., pp. 176 – 191. Copyright © 1993 by McGraw-Hill, Inc. Reproduced by permission of McGraw-Hill, Inc.

Capital Punishment (selection): Reading 189

dictates the legitimacy of self-defense. So does concern for the well-being of others. So also does justice. If it is unfair for one person to inflict undeserved violence on another, then it is hard to see how morality could require the victim to acquiesce in the attempt by another to do so, even if resistance involves risks or injury to the assailant.

The foregoing account assumes that the person acting in self-defense is innocent of any provocation of the assailant. It also assumes that there is no alternative to victimization except resistance. In actual life, both assumptions — especially the second — are often false, because there may be a third alternative: escape, or removing oneself from the scene of imminent aggression. Hence, the law imposes on us the ‘‘duty to retreat.’’ Before we use violence to resist aggression, we must try to get out of the way, lest unnecessary violence be used to resist aggression. Now suppose that unjust aggression is imminent, and there is no path open for escape. How much violence may justifiably be used to ward off aggression? The answer is: No more violence than is necessary to prevent the aggressive assault. Violence beyond that is unnecessary and therefore unjustified. We may restate the principle governing the use of violence in self-defense by reference to the concept of ‘‘deadly force’’ by the police in the discharge of their duties. The rule is this: Use of deadly force is justified only to prevent loss of life in immediate jeopardy where a lesser use of force cannot reasonably be ex- pected to save the life that is threatened.

In real life, violence in self-defense in excess of the minimum necessary to prevent aggression, even though it is not justifiable, is often excusable. One cannot always tell what will suffice to deter an aggressor and avoid becoming a victim; thus the law looks with a certain tolerance upon the frightened and innocent would-be victim who in self-protection turns upon a vicious assailant and inflicts a fatal injury even though a lesser injury would have been sufficient. What is not justified is deliberately using more violence than is necessary to avoid becoming a victim. It is the deliberate, not the impulsive or the unintentional, use of violence that is relevant to the death- penalty controversy, since the death penalty is enacted into law and carried out in each case deliberately — with ample time to weigh alternatives. Notice that we are assuming that the act of self-defense is to protect oneself or a third party. The reasoning outlined here does not extend to the defense of one’s property. Shooting a thief to prevent one’s automobile from being stolen cannot be excused or justified in the way that shooting an assailant charging with a knife pointed at one’s face can be. Our criterion must be that deadly force is never justified to prevent crimes against property or other violent crimes not immediately threatening the life of an innocent person.

The rationale for self-defense as set out above illustrates two moral prin- ciples of great importance to our discussion. One is that if a life is to be risked, then it is better that it be the life of someone who is guilty (in this context, the initial assailant) rather than the life of someone who is not (the

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994190 An Examined Life Critical Thinking and Ethics

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innocent potential victim). It is not fair to expect the innocent prospective victim to run the added risk of severe injury or death in order to avoid using violence in self-defense to the extent of possibly killing his or her assailant. Rather, fairness dictates that the guilty aggressor ought to be the one to run the risk.

The other principle is that taking life deliberately is not justified so long as there is any feasible alternative. One does not expect miracles, of course, but in theory, if shooting a burglar through the foot will stop the burglary and enable one to call the police for help, then there is no reason to shoot to kill. Likewise, if the burglar is unarmed, there is no reason to shoot at all. In actual life, of course, a burglar is likely to be shot at by an aroused house- holder who does not know whether the burglar is armed, and prudence may seem to dictate the assumption that he or she is. Even so, although the burglar has no right to commit a felony against a person or a person’s prop- erty, the attempt does not give the victims the right to respond in whatever way they please, and then to excuse or justify such conduct on the ground that they were ‘‘only acting in self-defense.’’ In these ways the law shows a tacit regard for the life even of a felon and discourages the use of unneces- sary violence even by the innocent; morality can hardly do less.

Deterrence, Incapacitation, and Crime Prevention The analogy with self-de- fense leads naturally to the empirical and the conceptual questions surrounding the death penalty as a method of crime prevention. Notice first that crimes can be prevented without recourse to punishment; we do that when we take weapons from offenders, protect targets by bolts and alarms, and educate the public to be less vulnerable to victimization. As for punish- ment, it prevents crimes by incapacitation and by deterrence. The two are theo- retically independent because they achieve prevention very differently. Exe- cuting a murderer prevents crimes by means of incapacitation to the extent that the murderer would have committed further crimes if not executed. Incapacitating a murderer will not have any preventive benefits, however, unless the murderer would otherwise have committed some further crimes. (In fact relatively few murderers turn out to be homicidal recidivists.) Nor is killing persons the only way to incapacitate them; isolation and restraints will suffice. Executing a murderer prevents crimes by means of deterrence to the extent that others are frightened into not committing any capital crimes by the knowledge that convicted offenders are executed. Thus, successful de- terrence is prevention by a psychologically effective threat; incapacitation, if it prevents crimes at all, does so by physically disabling the offender.

The Death Penalty and Incapacitation Capital punishment is unusual among penalties because its incapacitative effects limit its deterrent effects. The death penalty can never deter an executed person from further crimes. At most, it incapacitates the executed person from committing them. (Popular discussions of the death penalty are frequently confused because they so

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© McGraw−Hill, Inc., 1994Capital Punishment (selection): Reading 191

often assume that the death penalty is a perfect and infallible deterrent so far as the executed criminal is concerned.) Even more important, it is also wrong to think that in every execution the death penalty has proved to be an infallible crime preventive. True, once an offender has been executed, it is physically impossible for that person to commit any further crimes, since the punishment is totally incapacitative. But incapacitation is not identical with prevention. Prevention by means of incapacitation occurs only if the exe- cuted criminal would have committed other crimes if he or she had not been executed and had been punished only in some less incapacitative way (e.g., by imprisonment).

What evidence is there that the incapacitative results of the death pen- alty are an effective crime preventive? From the study of imprisonment, parole, and release records, this much is clear: If the murderers and other criminals who have been executed are like the murderers who were con- victed but not executed, then (1) executing all convicted murderers would have prevented many crimes, including some murders; and (2) convicted murderers, whether inside prison or outside after release, have as good a record of no further criminal activity as any other class of convicted felon.

These facts show that the general public tends to overrate the danger and threat to public safety constituted by the failure to execute every mur- derer who is caught and convicted. While it would be quite wrong to say that there is no risk such criminals will repeat their crimes — or similar ones — if they are not executed, it would be nearly as erroneous to say that executing every convicted murderer would prevent many horrible crimes. All we know is that such executions would prevent a few such crimes from being commit- ted; we do not know how many or by whom they would have been commit- ted. (Obviously, if we did know we would have tried to prevent them!) This is the nub of the problem. There is no way to know in advance which if any of the incarcerated or released murderers will kill again. It is useful in this connection to remember that the only way to guarantee that no horrible crimes ever occur is to execute everyone who might conceivably commit such a crime. Similarly, the only way to guarantee that no convicted murderer ever commits another murder is to execute them all. No modern society has ever done this, and for two hundred years Western societies have been mov- ing steadily in the opposite direction.

These considerations show that our society has implicitly adopted an attitude toward the risk of murder rather like the attitude it has adopted toward the risk of fatality from other causes, such as automobile accidents, lung cancer, or drowning. Since no one knows when or where or upon whom any of these lethal events will fall, it would be too great an invasion of freedom to undertake the severe restrictions that alone would suffice to prevent any such deaths from occurring. It is better to take the risks and keep our freedom than to try to eliminate the risks altogether and lose our freedom in the process. Hence, we have lifeguards at the beach, but swim-

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Applied Ethics and Social Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Capital Punishment (selection): Reading 335

innocent potential victim). It is not fair to expect the innocent prospective victim to run the added risk of severe injury or death in order to avoid using violence in self-defense to the extent of possibly killing his or her assailant. Rather, fairness dictates that the guilty aggressor ought to be the one to run the risk.

The other principle is that taking life deliberately is not justified so long as there is any feasible alternative. One does not expect miracles, of course, but in theory, if shooting a burglar through the foot will stop the burglary and enable one to call the police for help, then there is no reason to shoot to kill. Likewise, if the burglar is unarmed, there is no reason to shoot at all. In actual life, of course, a burglar is likely to be shot at by an aroused house- holder who does not know whether the burglar is armed, and prudence may seem to dictate the assumption that he or she is. Even so, although the burglar has no right to commit a felony against a person or a person’s prop- erty, the attempt does not give the victims the right to respond in whatever way they please, and then to excuse or justify such conduct on the ground that they were ‘‘only acting in self-defense.’’ In these ways the law shows a tacit regard for the life even of a felon and discourages the use of unneces- sary violence even by the innocent; morality can hardly do less.

Deterrence, Incapacitation, and Crime Prevention The analogy with self-de- fense leads naturally to the empirical and the conceptual questions surrounding the death penalty as a method of crime prevention. Notice first that crimes can be prevented without recourse to punishment; we do that when we take weapons from offenders, protect targets by bolts and alarms, and educate the public to be less vulnerable to victimization. As for punish- ment, it prevents crimes by incapacitation and by deterrence. The two are theo- retically independent because they achieve prevention very differently. Exe- cuting a murderer prevents crimes by means of incapacitation to the extent that the murderer would have committed further crimes if not executed. Incapacitating a murderer will not have any preventive benefits, however, unless the murderer would otherwise have committed some further crimes. (In fact relatively few murderers turn out to be homicidal recidivists.) Nor is killing persons the only way to incapacitate them; isolation and restraints will suffice. Executing a murderer prevents crimes by means of deterrence to the extent that others are frightened into not committing any capital crimes by the knowledge that convicted offenders are executed. Thus, successful de- terrence is prevention by a psychologically effective threat; incapacitation, if it prevents crimes at all, does so by physically disabling the offender.

The Death Penalty and Incapacitation Capital punishment is unusual among penalties because its incapacitative effects limit its deterrent effects. The death penalty can never deter an executed person from further crimes. At most, it incapacitates the executed person from committing them. (Popular discussions of the death penalty are frequently confused because they so

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often assume that the death penalty is a perfect and infallible deterrent so far as the executed criminal is concerned.) Even more important, it is also wrong to think that in every execution the death penalty has proved to be an infallible crime preventive. True, once an offender has been executed, it is physically impossible for that person to commit any further crimes, since the punishment is totally incapacitative. But incapacitation is not identical with prevention. Prevention by means of incapacitation occurs only if the exe- cuted criminal would have committed other crimes if he or she had not been executed and had been punished only in some less incapacitative way (e.g., by imprisonment).

What evidence is there that the incapacitative results of the death pen- alty are an effective crime preventive? From the study of imprisonment, parole, and release records, this much is clear: If the murderers and other criminals who have been executed are like the murderers who were con- victed but not executed, then (1) executing all convicted murderers would have prevented many crimes, including some murders; and (2) convicted murderers, whether inside prison or outside after release, have as good a record of no further criminal activity as any other class of convicted felon.

These facts show that the general public tends to overrate the danger and threat to public safety constituted by the failure to execute every mur- derer who is caught and convicted. While it would be quite wrong to say that there is no risk such criminals will repeat their crimes — or similar ones — if they are not executed, it would be nearly as erroneous to say that executing every convicted murderer would prevent many horrible crimes. All we know is that such executions would prevent a few such crimes from being commit- ted; we do not know how many or by whom they would have been commit- ted. (Obviously, if we did know we would have tried to prevent them!) This is the nub of the problem. There is no way to know in advance which if any of the incarcerated or released murderers will kill again. It is useful in this connection to remember that the only way to guarantee that no horrible crimes ever occur is to execute everyone who might conceivably commit such a crime. Similarly, the only way to guarantee that no convicted murderer ever commits another murder is to execute them all. No modern society has ever done this, and for two hundred years Western societies have been mov- ing steadily in the opposite direction.

These considerations show that our society has implicitly adopted an attitude toward the risk of murder rather like the attitude it has adopted toward the risk of fatality from other causes, such as automobile accidents, lung cancer, or drowning. Since no one knows when or where or upon whom any of these lethal events will fall, it would be too great an invasion of freedom to undertake the severe restrictions that alone would suffice to prevent any such deaths from occurring. It is better to take the risks and keep our freedom than to try to eliminate the risks altogether and lose our freedom in the process. Hence, we have lifeguards at the beach, but swim-

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ming is not totally prohibited; smokers are warned, but cigarettes are still legally sold; pedestrians may have the right of way in a crosswalk, but mar- ginally competent drivers are still allowed to operate motor vehicles. Some risk is thereby imposed on the innocent; in the name of our right to free- dom, we do not insist on having society protect us at all costs.

The Death Penalty and Deterrence Determining whether the death penalty is an effective deterrent is even more difficult than determining its effective- ness as a crime preventive. In general, our knowledge about how penalties deter crimes and whether in fact they do — whom they deter, from which crimes, and under what conditions — is distressingly inexact. Most people nevertheless are convinced that punishments do deter, and that the more severe a punishment is the better it will deter. For half a century, social scientists have studied the questions whether the death penalty is a deterrent and whether it is a better deterrent than the alternative of imprisonment. Their verdict, while not unanimous, is nearly so. Whatever may be true about the deterrence of lesser crimes by other penalties, the deterrence achieved by the death penalty for murder is not measurably any greater than the deterrence achieved by long-term imprisonment. In the nature of the case, the evidence is quite indirect. No one can identify for certain any crimes that did not occur because the would-be offender was deterred by the threat of the death penalty and could not have been deterred by a less severe threat. Likewise, no one can identify any crimes that did occur because the offender was not deterred by the threat of prison even though he or she could have been deterred by the threat of death. Nevertheless, such evidence as we have fails to show that the more severe penalty (death) is really a better deterrent than the less severe penalty (imprisonment) for such crimes as murder.

If the death penalty and long-term imprisonment are equally effective (or ineffective) as deterrents to murder, then the argument for the death penalty on grounds of deterrence is seriously weakened. One of the moral principles identified earlier now comes into play: Unless there is a good reason for choosing a more rather than a less severe punishment for a crime, the less severe penalty is to be preferred. This principle obviously commends itself to anyone who values human life and who concedes that, all other things being equal, less pain and suffering is always better than more. Human life is valued in part to the degree that it is free of pain, suffering, misery, and frustration, and in particular to the extent that it is free of such experiences when they serve no known purpose. If the death penalty is not a more effective deterrent than imprisonment, then its greater severity amounts to nothing less than gratuitous suffering and deprivation. Accord- ingly, we must reject it in favor of some less severe alternative, unless we can identify some more weighty moral principle that the death penalty serves better and that any less severe mode of punishment ignores. Whether there is any such principle is unclear.

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A Cost/Benefit Analysis of the Death Penalty A full study of the costs and benefits involved in the practice of capital punishment would not be con- fined solely to the question of whether it is a better deterrent or preventive of murder than imprisonment. Any thoroughgoing utilitarian1 approach to the death-penalty controversy would need to examine carefully other costs and benefits as well, because maximizing the balance of all the social bene- fits over all the social costs is the sole criterion of right and wrong according to utilitarianism. Let us consider, therefore, some of the other costs and benefits to be calculated. Clinical psychologists have presented evidence to suggest that the death penalty actually incites some persons of unstable mind to murder others, either because they are afraid to take their own lives and hope that society will punish them for murder by putting them to death, or because they fancy that they, too, are killing with justification analogously to the lawful and presumably justified killing involved in capital punishment. If such evidence is sound, capital punishment can serve as a counter-preven- tive or even an incitement to murder; such incited murders become part of its social cost. Imprisonment, however, has not been known to incite any murders or other crimes of violence in a comparable fashion. (A possible exception might be found in the imprisonment of terrorists, which has in- spired other terrorists to take hostages as part of a scheme to force the authorities to release their imprisoned comrades.) The risks of executing the innocent are also part of the social cost. The historical record is replete with innocent persons arrested, indicted, convicted, sentenced, and occa- sionally legally executed for crimes they did not commit. This is quite apart from the guilty persons unfairly convicted, sentenced to death, and exe- cuted on the strength of perjured testimony, fraudulent evidence, suborna- tion of jurors, and other violations of the civil rights and liberties of the accused. Nor is this all. The high costs of a capital trial and of the inevitable appeals, the costly methods of custody most prisons adopt for convicts on ‘‘death row,’’ are among the straightforward economic costs that the death penalty incurs. Conducting a valid cost/benefit analysis of capital punish- ment would be extremely difficult; nevertheless, on the basis of the evidence we have, it is quite possible that such a study would show that abolition of all death penalties is much less costly than their retention.

What If Executions Did Deter? From the moral point of view, it is quite important to determine what one should think about capital punishment if the evidence were clearly to show that the death penalty is a distinctly supe- rior method of social defense by comparison with less severe alterna- tives. . . .

To oppose the death penalty in the face of incontestable evidence that it is an effective method of social defense violates the moral principle that where grave risks are to be run, it is better that they be run by the guilty than by the innocent. Consider in this connection an imaginary world in which executing the murderer would invariably restore the murder victim to life,

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© McGraw−Hill, Inc., 1994194 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Capital Punishment (selection): Reading 337

ming is not totally prohibited; smokers are warned, but cigarettes are still legally sold; pedestrians may have the right of way in a crosswalk, but mar- ginally competent drivers are still allowed to operate motor vehicles. Some risk is thereby imposed on the innocent; in the name of our right to free- dom, we do not insist on having society protect us at all costs.

The Death Penalty and Deterrence Determining whether the death penalty is an effective deterrent is even more difficult than determining its effective- ness as a crime preventive. In general, our knowledge about how penalties deter crimes and whether in fact they do — whom they deter, from which crimes, and under what conditions — is distressingly inexact. Most people nevertheless are convinced that punishments do deter, and that the more severe a punishment is the better it will deter. For half a century, social scientists have studied the questions whether the death penalty is a deterrent and whether it is a better deterrent than the alternative of imprisonment. Their verdict, while not unanimous, is nearly so. Whatever may be true about the deterrence of lesser crimes by other penalties, the deterrence achieved by the death penalty for murder is not measurably any greater than the deterrence achieved by long-term imprisonment. In the nature of the case, the evidence is quite indirect. No one can identify for certain any crimes that did not occur because the would-be offender was deterred by the threat of the death penalty and could not have been deterred by a less severe threat. Likewise, no one can identify any crimes that did occur because the offender was not deterred by the threat of prison even though he or she could have been deterred by the threat of death. Nevertheless, such evidence as we have fails to show that the more severe penalty (death) is really a better deterrent than the less severe penalty (imprisonment) for such crimes as murder.

If the death penalty and long-term imprisonment are equally effective (or ineffective) as deterrents to murder, then the argument for the death penalty on grounds of deterrence is seriously weakened. One of the moral principles identified earlier now comes into play: Unless there is a good reason for choosing a more rather than a less severe punishment for a crime, the less severe penalty is to be preferred. This principle obviously commends itself to anyone who values human life and who concedes that, all other things being equal, less pain and suffering is always better than more. Human life is valued in part to the degree that it is free of pain, suffering, misery, and frustration, and in particular to the extent that it is free of such experiences when they serve no known purpose. If the death penalty is not a more effective deterrent than imprisonment, then its greater severity amounts to nothing less than gratuitous suffering and deprivation. Accord- ingly, we must reject it in favor of some less severe alternative, unless we can identify some more weighty moral principle that the death penalty serves better and that any less severe mode of punishment ignores. Whether there is any such principle is unclear.

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Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994Capital Punishment (selection): Reading 193

A Cost/Benefit Analysis of the Death Penalty A full study of the costs and benefits involved in the practice of capital punishment would not be con- fined solely to the question of whether it is a better deterrent or preventive of murder than imprisonment. Any thoroughgoing utilitarian1 approach to the death-penalty controversy would need to examine carefully other costs and benefits as well, because maximizing the balance of all the social bene- fits over all the social costs is the sole criterion of right and wrong according to utilitarianism. Let us consider, therefore, some of the other costs and benefits to be calculated. Clinical psychologists have presented evidence to suggest that the death penalty actually incites some persons of unstable mind to murder others, either because they are afraid to take their own lives and hope that society will punish them for murder by putting them to death, or because they fancy that they, too, are killing with justification analogously to the lawful and presumably justified killing involved in capital punishment. If such evidence is sound, capital punishment can serve as a counter-preven- tive or even an incitement to murder; such incited murders become part of its social cost. Imprisonment, however, has not been known to incite any murders or other crimes of violence in a comparable fashion. (A possible exception might be found in the imprisonment of terrorists, which has in- spired other terrorists to take hostages as part of a scheme to force the authorities to release their imprisoned comrades.) The risks of executing the innocent are also part of the social cost. The historical record is replete with innocent persons arrested, indicted, convicted, sentenced, and occa- sionally legally executed for crimes they did not commit. This is quite apart from the guilty persons unfairly convicted, sentenced to death, and exe- cuted on the strength of perjured testimony, fraudulent evidence, suborna- tion of jurors, and other violations of the civil rights and liberties of the accused. Nor is this all. The high costs of a capital trial and of the inevitable appeals, the costly methods of custody most prisons adopt for convicts on ‘‘death row,’’ are among the straightforward economic costs that the death penalty incurs. Conducting a valid cost/benefit analysis of capital punish- ment would be extremely difficult; nevertheless, on the basis of the evidence we have, it is quite possible that such a study would show that abolition of all death penalties is much less costly than their retention.

What If Executions Did Deter? From the moral point of view, it is quite important to determine what one should think about capital punishment if the evidence were clearly to show that the death penalty is a distinctly supe- rior method of social defense by comparison with less severe alterna- tives. . . .

To oppose the death penalty in the face of incontestable evidence that it is an effective method of social defense violates the moral principle that where grave risks are to be run, it is better that they be run by the guilty than by the innocent. Consider in this connection an imaginary world in which executing the murderer would invariably restore the murder victim to life,

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© McGraw−Hill, Inc., 1994194 An Examined Life Critical Thinking and Ethics

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whole and intact, as though no murder had ever occurred. In such a miracu- lous world, it is hard to see how anyone could oppose the death penalty on moral grounds. Why shouldn’t a murderer die if that will infallibly bring the innocent victim back to life? What could possibly be morally wrong with taking the murderer’s life under such conditions? The death penalty would be an instrument of perfect restitution, and it would give a new and better meaning to lex talionis,2 ‘‘a life for a life.’’ The whole idea is fanciful, of course, but it shows as nothing else can how opposition to the death penalty cannot be both moral and wholly unconditional. If opposition to the death penalty is to be morally responsible, then it must be conceded that there are conditions (however unlikely) under which that opposition should cease.

But even if the death penalty were known to be a uniquely effective social defense, we could still imagine conditions under which it would be reasonable to oppose it. Suppose that in addition to being a slightly better preventive and deterrent than imprisonment, executions also have a slight incitive effect (so that for every ten murders an execution prevented or deterred, another murder was incited). Suppose also that the administration of criminal justice in capital cases was inefficient and unequal, and tended to secure convictions and death sentences only for murderers who least ‘‘de- served’’ to be sentenced to death (including some death sentences and a few executions of the innocent). Under such conditions, it would be reasonable to oppose the death penalty, because on the facts supposed more (or not fewer) innocent lives would be threatened and lost by using the death pen- alty than would be risked by abolishing it. It is important to remember throughout our evaluation of the deterrence controversy that we cannot ever apply the principle that advises us to risk the lives of the guilty to save the lives of the innocent. Instead, we must rely on a weaker principle: Weigh the risk for the general public against the execution of those who are found guilty by an imperfect system of criminal justice. These hypothetical factual assumptions illustrate the contingencies upon which the morality of opposi- tion to the death penalty rests. And not only the morality of opposition; the morality of any defense of the death penalty rests on the same contingencies. This should help us understand why, in resolving the morality of capital punishment one way or the other, it is so important to know, as well as we can, whether the death penalty really does prevent or incite crime, whether the innocent really are ever executed, and how likely is the occurrence of these things in the future.

How Many Guilty Lives Is One Innocent Life Worth? The great unanswered question that utilitarians must face concerns the level of social defense that executions should be expected to achieve before it is justifiable to carry them out. Consider three possible situations: (1) At the level of a hundred executions per year, each additional execution of a convicted murderer reduces the number of murder victims by ten. (2) Executing every convicted murderer reduces the number of murders to 5,000 victims annually, whereas

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executing only one out of ten reduces the number to 5,001. (3) Executing every convicted murderer reduces the murder rate no more than does exe- cuting one in a hundred and no more than does a random pattern of execu- tions.

Many people contemplating situation (1) would regard this as a reason- able trade-off: The execution of each additional guilty person saves the lives of ten innocent ones. (In fact, situation (1) or something like it may be taken as a description of what most of those who defend the death penalty on grounds of social defense believe is true.) But suppose that, instead of saving 10 lives, the number dropped to 0.5, i.e., one victim avoided for each two additional executions. Would that be a reasonable price to pay? We are on the road toward the situation described in (2), where a drastic 90 percent reduction in the number of persons executed causes the level of social de- fense to drop by only 0.0002 percent. Would it be worth it to execute so many more murderers to obtain such a slight increase in social defense? How many guilty lives is one innocent life worth? (Only those who think that guilty lives are worthless — or of worth equal to that of the innocent — can avoid facing this problem.) In situation (3), of course, there is no basis for executing all convicted murderers, since there is no gain in social defense to show for each additional execution after the first out of each hundred has been executed. How, then, should we determine which out of each hundred convicted murderers is the unlucky one to be put to death?

If a complete and thoroughgoing cost/benefit analysis of the death penalty were possible, we might be able to answer such questions. But an appeal merely to the moral principle that if lives are to be risked then let it be the lives of the guilty rather than of the innocent will not suffice. (We have already noticed that this abstract principle is of little use in the actual administration of criminal justice, because the police and the courts do not deal with the guilty as such but only with those judged guilty.) Nor will it suffice to agree that society deserves all the crime prevention and deterrence it can get as a result of inflicting severe punishments. These principles are consistent with too many different policies. They are too vague by themselves to resolve the choice on grounds of social defense when one is confronted with hypothetical situations like those proposed above.

Since no adequate cost/benefit analysis of the death penalty exists, there is no way to resolve these questions from that standpoint at this time. Moreover, it can be argued that we cannot have such an analysis without already establishing in some way or other the relative value of innocent lives versus guilty lives. Far from being a product of cost/benefit analysis, a com- parative evaluation of lives would have to be available to us before we under- took any such analysis. Without it, no cost/benefit analysis of this problem can get off the ground. Finally, it must be noted that our knowledge at present does not indicate that we are in anything like the situation described above in (1). On the contrary, from the evidence we do have it seems we achieve about the same deterrent and preventive effects whether we punish

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Capital Punishment (selection): Reading 339

whole and intact, as though no murder had ever occurred. In such a miracu- lous world, it is hard to see how anyone could oppose the death penalty on moral grounds. Why shouldn’t a murderer die if that will infallibly bring the innocent victim back to life? What could possibly be morally wrong with taking the murderer’s life under such conditions? The death penalty would be an instrument of perfect restitution, and it would give a new and better meaning to lex talionis,2 ‘‘a life for a life.’’ The whole idea is fanciful, of course, but it shows as nothing else can how opposition to the death penalty cannot be both moral and wholly unconditional. If opposition to the death penalty is to be morally responsible, then it must be conceded that there are conditions (however unlikely) under which that opposition should cease.

But even if the death penalty were known to be a uniquely effective social defense, we could still imagine conditions under which it would be reasonable to oppose it. Suppose that in addition to being a slightly better preventive and deterrent than imprisonment, executions also have a slight incitive effect (so that for every ten murders an execution prevented or deterred, another murder was incited). Suppose also that the administration of criminal justice in capital cases was inefficient and unequal, and tended to secure convictions and death sentences only for murderers who least ‘‘de- served’’ to be sentenced to death (including some death sentences and a few executions of the innocent). Under such conditions, it would be reasonable to oppose the death penalty, because on the facts supposed more (or not fewer) innocent lives would be threatened and lost by using the death pen- alty than would be risked by abolishing it. It is important to remember throughout our evaluation of the deterrence controversy that we cannot ever apply the principle that advises us to risk the lives of the guilty to save the lives of the innocent. Instead, we must rely on a weaker principle: Weigh the risk for the general public against the execution of those who are found guilty by an imperfect system of criminal justice. These hypothetical factual assumptions illustrate the contingencies upon which the morality of opposi- tion to the death penalty rests. And not only the morality of opposition; the morality of any defense of the death penalty rests on the same contingencies. This should help us understand why, in resolving the morality of capital punishment one way or the other, it is so important to know, as well as we can, whether the death penalty really does prevent or incite crime, whether the innocent really are ever executed, and how likely is the occurrence of these things in the future.

How Many Guilty Lives Is One Innocent Life Worth? The great unanswered question that utilitarians must face concerns the level of social defense that executions should be expected to achieve before it is justifiable to carry them out. Consider three possible situations: (1) At the level of a hundred executions per year, each additional execution of a convicted murderer reduces the number of murder victims by ten. (2) Executing every convicted murderer reduces the number of murders to 5,000 victims annually, whereas

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executing only one out of ten reduces the number to 5,001. (3) Executing every convicted murderer reduces the murder rate no more than does exe- cuting one in a hundred and no more than does a random pattern of execu- tions.

Many people contemplating situation (1) would regard this as a reason- able trade-off: The execution of each additional guilty person saves the lives of ten innocent ones. (In fact, situation (1) or something like it may be taken as a description of what most of those who defend the death penalty on grounds of social defense believe is true.) But suppose that, instead of saving 10 lives, the number dropped to 0.5, i.e., one victim avoided for each two additional executions. Would that be a reasonable price to pay? We are on the road toward the situation described in (2), where a drastic 90 percent reduction in the number of persons executed causes the level of social de- fense to drop by only 0.0002 percent. Would it be worth it to execute so many more murderers to obtain such a slight increase in social defense? How many guilty lives is one innocent life worth? (Only those who think that guilty lives are worthless — or of worth equal to that of the innocent — can avoid facing this problem.) In situation (3), of course, there is no basis for executing all convicted murderers, since there is no gain in social defense to show for each additional execution after the first out of each hundred has been executed. How, then, should we determine which out of each hundred convicted murderers is the unlucky one to be put to death?

If a complete and thoroughgoing cost/benefit analysis of the death penalty were possible, we might be able to answer such questions. But an appeal merely to the moral principle that if lives are to be risked then let it be the lives of the guilty rather than of the innocent will not suffice. (We have already noticed that this abstract principle is of little use in the actual administration of criminal justice, because the police and the courts do not deal with the guilty as such but only with those judged guilty.) Nor will it suffice to agree that society deserves all the crime prevention and deterrence it can get as a result of inflicting severe punishments. These principles are consistent with too many different policies. They are too vague by themselves to resolve the choice on grounds of social defense when one is confronted with hypothetical situations like those proposed above.

Since no adequate cost/benefit analysis of the death penalty exists, there is no way to resolve these questions from that standpoint at this time. Moreover, it can be argued that we cannot have such an analysis without already establishing in some way or other the relative value of innocent lives versus guilty lives. Far from being a product of cost/benefit analysis, a com- parative evaluation of lives would have to be available to us before we under- took any such analysis. Without it, no cost/benefit analysis of this problem can get off the ground. Finally, it must be noted that our knowledge at present does not indicate that we are in anything like the situation described above in (1). On the contrary, from the evidence we do have it seems we achieve about the same deterrent and preventive effects whether we punish

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Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994196 An Examined Life Critical Thinking and Ethics

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murder by death or by imprisonment. Something like the situation in (2) or in (3) may therefore be correct. If so, this shows that the choice between the two policies of capital punishment and life imprisonment for murder will probably have to be made on some basis other than social defense; on that basis alone, the two policies are equivalent and therefore equally acceptable.

V. Capital Punishment and Retributive Justice

No discussion of the morality of punishment would be complete without taking into account the two leading principles of retributive justice relevant to the capital punishment controversy. One is the principle that crimes ought to be punished. The other is the principle that the severity of a pun- ishment ought to be proportional to the gravity of the offense. These are moral principles of recognized weight. Leaving aside all questions of social defense, how strong a case for capital punishment can be made on their basis? How reliable and persuasive are these principles themselves?

Crime Must Be Punished . . . There cannot be any dispute over the princi- ple that crime ought to be punished. In embracing it, of course, we are not automatically making a fetish of ‘‘law and order,’’ in the sense that we would be if we thought that the most important single thing to do with social resources is to punish crimes. Fortunately, this principle need not be in dispute between proponents and opponents of the death penalty. Even de- fenders of the death penalty must admit that putting a convicted murderer in prison for years is a punishment of that criminal. The principle that crime must be punished is neutral to our controversy, because both sides acknowl- edge it.

The other principle of retributive justice is the one that seems to be decisive. Under lex talionis, it must always have seemed that murderers ought to be put to death. Proponents of the death penalty, with rare excep- tions, have insisted on this point, and even opponents of the death penalty must give grudging assent to the seeming fittingness of demanding capital punishment for murder. The strategy for opponents of the death penalty is to argue either that (1) this principle is not really a principle of justice after all, or that (2) to the extent it is, it does not require death for murderers, or that (3) in any case it is not the only principle of punitive justice. As we shall see, all these objections have merit.

Is Murder Alone to Be Punished by Death? Let us recall, first, that not even the biblical world limited the death penalty to the punishment of murder. Many other nonhomicidal crimes also carried this penalty (e.g., kidnapping, witchcraft, cursing one’s parents). In our own nation’s recent history, per- sons have been executed for aggravated assault, rape, kidnapping, armed robbery, sabotage, and espionage. It is not possible to defend any of these executions (not to mention some of the more bizarre capital statutes, like the one in Georgia that used to provide an optional death penalty for dese-

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994Capital Punishment (selection): Reading 197

cration of a grave) on grounds of just retribution. Either such executions are not justified or they are justified on some ground other than retribution. In actual practice, few if any defenders of the death penalty have ever been willing to rest their case entirely on the moral principle of just retribution as formulated in terms of ‘‘a life for a life.’’ (Kant3 was a conspicuous excep- tion.) Most defenders of the death penalty have implied by their willingness to use executions to defend not only life but limb and property as well, that they did not place much value on the lives of criminals when compared with the value of both lives and things belonging to innocent citizens.

Are All Murders to Be Punished by Death? European civilization for several centuries has tended to limit the variety of criminal homicides punishable by death. Even Kant took a casual attitude toward a mother’s killing of her illegitimate child. (‘‘A child born into the world outside marriage is outside the law . . . , and consequently it is also outside the protection of the law.’’)4 In the United States, the development two hundred years ago of the distinction between first- and second-degree murder was an attempt to narrow the class of criminal homicides deserving the death penalty. (First- degree murder has been variously defined. Typically it consists of (a) any willful, deliberate, premeditated homicide or (b) any homicide during the commission of another felony, e.g., armed robbery, rape, burglary. Second- degree murder is any other intentional homicide.) Yet those dead owing to manslaughter, or to any kind of unintentional, accidental, unpremeditated, unavoidable, unmalicious killing are just as dead as the victims of the most ghastly murder. Both the law in practice and moral reflection show how difficult it is to identify all and only the criminal homicides that are appro- priately punished by death (assuming that any are). Individual judges and juries differ in the conclusions they reach. The history of capital punishment for homicides reveals continual efforts, uniformly unsuccessful, to specify the criteria defining those homicides for which the slayer should die. Sixty years ago, Justice Benjamin Cardozo of the United States Supreme Court said of the distinction between degrees of murder that it was

. . . so obscure that no jury hearing it for the first time can fairly be expected to assimilate and understand it. I am not at all sure that I understand it myself after trying to apply it for many years and after diligent study of what has been written in the books. Upon the basis of this fine distinction with its obscure and mystifying psychology, scores of men have gone to their death.5

Similar skepticism has been expressed on the reliability and rationality of death-penalty statutes that give the trial court the discretion to sentence to prison or to death. As Justice John Marshall Harlan of the Supreme Court observed some two decades ago,

Those who have come to grips with the hard task of actually attempting to draft means of channeling capital sentencing discretion have confirmed the lesson taught by history. . . . To identify before the fact those characteristics of criminal homicide and their perpetrators which call for the death penalty, and to express these charac-

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994198 An Examined Life Critical Thinking and Ethics

13_bos5511X_Ch11_p323-348.indd 340 7/24/14 9:55 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Capital Punishment (selection): Reading 341

murder by death or by imprisonment. Something like the situation in (2) or in (3) may therefore be correct. If so, this shows that the choice between the two policies of capital punishment and life imprisonment for murder will probably have to be made on some basis other than social defense; on that basis alone, the two policies are equivalent and therefore equally acceptable.

V. Capital Punishment and Retributive Justice

No discussion of the morality of punishment would be complete without taking into account the two leading principles of retributive justice relevant to the capital punishment controversy. One is the principle that crimes ought to be punished. The other is the principle that the severity of a pun- ishment ought to be proportional to the gravity of the offense. These are moral principles of recognized weight. Leaving aside all questions of social defense, how strong a case for capital punishment can be made on their basis? How reliable and persuasive are these principles themselves?

Crime Must Be Punished . . . There cannot be any dispute over the princi- ple that crime ought to be punished. In embracing it, of course, we are not automatically making a fetish of ‘‘law and order,’’ in the sense that we would be if we thought that the most important single thing to do with social resources is to punish crimes. Fortunately, this principle need not be in dispute between proponents and opponents of the death penalty. Even de- fenders of the death penalty must admit that putting a convicted murderer in prison for years is a punishment of that criminal. The principle that crime must be punished is neutral to our controversy, because both sides acknowl- edge it.

The other principle of retributive justice is the one that seems to be decisive. Under lex talionis, it must always have seemed that murderers ought to be put to death. Proponents of the death penalty, with rare excep- tions, have insisted on this point, and even opponents of the death penalty must give grudging assent to the seeming fittingness of demanding capital punishment for murder. The strategy for opponents of the death penalty is to argue either that (1) this principle is not really a principle of justice after all, or that (2) to the extent it is, it does not require death for murderers, or that (3) in any case it is not the only principle of punitive justice. As we shall see, all these objections have merit.

Is Murder Alone to Be Punished by Death? Let us recall, first, that not even the biblical world limited the death penalty to the punishment of murder. Many other nonhomicidal crimes also carried this penalty (e.g., kidnapping, witchcraft, cursing one’s parents). In our own nation’s recent history, per- sons have been executed for aggravated assault, rape, kidnapping, armed robbery, sabotage, and espionage. It is not possible to defend any of these executions (not to mention some of the more bizarre capital statutes, like the one in Georgia that used to provide an optional death penalty for dese-

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994Capital Punishment (selection): Reading 197

cration of a grave) on grounds of just retribution. Either such executions are not justified or they are justified on some ground other than retribution. In actual practice, few if any defenders of the death penalty have ever been willing to rest their case entirely on the moral principle of just retribution as formulated in terms of ‘‘a life for a life.’’ (Kant3 was a conspicuous excep- tion.) Most defenders of the death penalty have implied by their willingness to use executions to defend not only life but limb and property as well, that they did not place much value on the lives of criminals when compared with the value of both lives and things belonging to innocent citizens.

Are All Murders to Be Punished by Death? European civilization for several centuries has tended to limit the variety of criminal homicides punishable by death. Even Kant took a casual attitude toward a mother’s killing of her illegitimate child. (‘‘A child born into the world outside marriage is outside the law . . . , and consequently it is also outside the protection of the law.’’)4 In the United States, the development two hundred years ago of the distinction between first- and second-degree murder was an attempt to narrow the class of criminal homicides deserving the death penalty. (First- degree murder has been variously defined. Typically it consists of (a) any willful, deliberate, premeditated homicide or (b) any homicide during the commission of another felony, e.g., armed robbery, rape, burglary. Second- degree murder is any other intentional homicide.) Yet those dead owing to manslaughter, or to any kind of unintentional, accidental, unpremeditated, unavoidable, unmalicious killing are just as dead as the victims of the most ghastly murder. Both the law in practice and moral reflection show how difficult it is to identify all and only the criminal homicides that are appro- priately punished by death (assuming that any are). Individual judges and juries differ in the conclusions they reach. The history of capital punishment for homicides reveals continual efforts, uniformly unsuccessful, to specify the criteria defining those homicides for which the slayer should die. Sixty years ago, Justice Benjamin Cardozo of the United States Supreme Court said of the distinction between degrees of murder that it was

. . . so obscure that no jury hearing it for the first time can fairly be expected to assimilate and understand it. I am not at all sure that I understand it myself after trying to apply it for many years and after diligent study of what has been written in the books. Upon the basis of this fine distinction with its obscure and mystifying psychology, scores of men have gone to their death.5

Similar skepticism has been expressed on the reliability and rationality of death-penalty statutes that give the trial court the discretion to sentence to prison or to death. As Justice John Marshall Harlan of the Supreme Court observed some two decades ago,

Those who have come to grips with the hard task of actually attempting to draft means of channeling capital sentencing discretion have confirmed the lesson taught by history. . . . To identify before the fact those characteristics of criminal homicide and their perpetrators which call for the death penalty, and to express these charac-

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994198 An Examined Life Critical Thinking and Ethics

13_bos5511X_Ch11_p323-348.indd 341 7/24/14 9:55 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics342 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

teristics in language which can be fairly understood and applied by the sentencing authority, appear to be tasks which are beyond present human ability.6

The abstract principle that the punishment of death best fits the crime of murder turns out to be extremely difficult to interpret and apply.

If we look at the matter from the standpoint of the actual practice of criminal justice, we can only conclude that ‘‘a life for a life’’ plays little or no role whatever. Plea bargaining (in which a person charged with a crime pleads guilty in exchange for a less severe sentence than he might have received if his case went to trial and he was found guilty), even where murder is concerned, is widespread. Studies of criminal justice reveal that what the courts (trial or appellate) in a given jurisdiction decide on a given day is first-degree murder suitably punished by death could just as well have been decided in a neighboring jurisdiction on another day either as second- degree murder or as first-degree murder but without the death penalty. The factors that influence prosecutors in determining the charge under which they will prosecute go far beyond the simple principle of ‘‘a life for a life.’’ Cynics, of course, will say that these facts show that our society does not care about justice. One might also reply that either justice in punishment does not consist of retribution, because there are other principles of justice; or there are other moral considerations besides justice that must be honored; or retributive justice is not adequately expressed in the idea of ‘‘a life for a life’’; or justice in the criminal justice system is beyond our reach.

Is Death Sufficiently Retributive? Those who advocate capital punishment for murder on retributive grounds must face the objection that, on their own principles, the death penalty in some cases is morally inadequate. How could death in the electric chair or the gas chamber or before a firing squad or by lethal injection suffice as just retribution, given the savage, brutal, wanton character of so many murders? How can retributive justice be served by anything less than equally savage methods of execution? From a retributive point of view, the oft-heard exclamation, ‘‘Death is too good for him!,’’ has a certain truth. Are defenders of the death penalty willing to embrace this consequence of their own doctrine?

If they were, they would be stooping to the squalor of the murderer. Where the quality of the crime sets the limits of just methods of punishment, as it will if we attempt to give exact and literal implementation to lex talionis, society will find itself descending to the cruelties and savagery that criminals employ. What is worse, society would be deliberately authorizing such acts, in the cool light of reason, and not (as is usually true of vicious criminals) impulsively or in hatred and anger or with an insane or unbalanced mind. Moral constraints, in short, prohibit us from trying to make executions per- fectly retributive. Once we grant that such constraints are proper, it is unrea- sonable to insist that the principle of ‘‘a life for a life’’ nevertheless by itself justifies the execution of murderers.

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994Capital Punishment (selection): Reading 199

Other considerations take us in a different direction. Few murders, out- side television and movie scripts, involve anything like an execution. An execution, after all, begins with a solemn pronouncement of the death sen- tence from a judge; this is followed by detention of the convicted person in maximum security awaiting the date of execution, during which various complex and protracted appeals will be pursued; after this there is a clem- ency hearing before the governor, and then ‘‘the last mile’’ to the execution chamber itself. As the French writer Albert Camus once remarked,

For there to be an equivalence, the death penalty would have to punish a criminal who had warned his victim of the date at which he would inflict a horrible death on him and who, from that moment onward, had confined him at his mercy for months. Such a monster is not encountered in private life.7

Differential Severity Does Not Require Executions What, then, emerges from our examination of retributive justice and the death penalty? If retrib- utive justice is thought to consist in lex talionis, all one can say is that this principle has never exercised more than a crude and indirect effect on the actual punishments meted out by society. Other moral principles interfere with a literal and single-minded application of this one. Some homicides seem improperly punished by death at all; others would require methods of execution too horrible to inflict. In any case, proponents of the death pen- alty rarely confine themselves to reliance on nothing but this principle of just retribution, since they rarely confine themselves to supporting the death penalty only for murder.

But retributive justice need not be identified with lex talionis. One may reject that principle as too crude and still embrace the retributive principle that the severity of punishments should be graded according to the gravity of the offense. Even though one need not claim that life imprisonment (or any kind of punishment other than death) ‘‘fits’’ the crime of murder, one can claim that this punishment is the proper one for murder. To do this, the schedule of punishments accepted by society must be arranged so that this mode of imprisonment is the most severe penalty used. Opponents of the death penalty can embrace this principle of retributive justice, even though they must reject a literal lex talionis.

Equal Justice and Capital Punishment During the past generation, the strongest practical objection to the death penalty has been the inequity with which it has been applied. As the late Supreme Court Justice William O. Douglas once observed, ‘‘One searches our chronicles in vain for the execu- tion of any member of the affluent strata of the society.’’8 One does not search our chronicles in vain for the crime of murder committed by the affluent. All the sociological evidence points to the conclusion that the death penalty is the poor man’s justice; hence the slogan, ‘‘Those without the capital get the punishment.’’ The death penalty is also racially sensitive. Every study of the death penalty for rape (unconstitutional only since 1977)

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994200 An Examined Life Critical Thinking and Ethics

13_bos5511X_Ch11_p323-348.indd 342 7/24/14 9:55 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Capital Punishment (selection): Reading 343

teristics in language which can be fairly understood and applied by the sentencing authority, appear to be tasks which are beyond present human ability.6

The abstract principle that the punishment of death best fits the crime of murder turns out to be extremely difficult to interpret and apply.

If we look at the matter from the standpoint of the actual practice of criminal justice, we can only conclude that ‘‘a life for a life’’ plays little or no role whatever. Plea bargaining (in which a person charged with a crime pleads guilty in exchange for a less severe sentence than he might have received if his case went to trial and he was found guilty), even where murder is concerned, is widespread. Studies of criminal justice reveal that what the courts (trial or appellate) in a given jurisdiction decide on a given day is first-degree murder suitably punished by death could just as well have been decided in a neighboring jurisdiction on another day either as second- degree murder or as first-degree murder but without the death penalty. The factors that influence prosecutors in determining the charge under which they will prosecute go far beyond the simple principle of ‘‘a life for a life.’’ Cynics, of course, will say that these facts show that our society does not care about justice. One might also reply that either justice in punishment does not consist of retribution, because there are other principles of justice; or there are other moral considerations besides justice that must be honored; or retributive justice is not adequately expressed in the idea of ‘‘a life for a life’’; or justice in the criminal justice system is beyond our reach.

Is Death Sufficiently Retributive? Those who advocate capital punishment for murder on retributive grounds must face the objection that, on their own principles, the death penalty in some cases is morally inadequate. How could death in the electric chair or the gas chamber or before a firing squad or by lethal injection suffice as just retribution, given the savage, brutal, wanton character of so many murders? How can retributive justice be served by anything less than equally savage methods of execution? From a retributive point of view, the oft-heard exclamation, ‘‘Death is too good for him!,’’ has a certain truth. Are defenders of the death penalty willing to embrace this consequence of their own doctrine?

If they were, they would be stooping to the squalor of the murderer. Where the quality of the crime sets the limits of just methods of punishment, as it will if we attempt to give exact and literal implementation to lex talionis, society will find itself descending to the cruelties and savagery that criminals employ. What is worse, society would be deliberately authorizing such acts, in the cool light of reason, and not (as is usually true of vicious criminals) impulsively or in hatred and anger or with an insane or unbalanced mind. Moral constraints, in short, prohibit us from trying to make executions per- fectly retributive. Once we grant that such constraints are proper, it is unrea- sonable to insist that the principle of ‘‘a life for a life’’ nevertheless by itself justifies the execution of murderers.

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994Capital Punishment (selection): Reading 199

Other considerations take us in a different direction. Few murders, out- side television and movie scripts, involve anything like an execution. An execution, after all, begins with a solemn pronouncement of the death sen- tence from a judge; this is followed by detention of the convicted person in maximum security awaiting the date of execution, during which various complex and protracted appeals will be pursued; after this there is a clem- ency hearing before the governor, and then ‘‘the last mile’’ to the execution chamber itself. As the French writer Albert Camus once remarked,

For there to be an equivalence, the death penalty would have to punish a criminal who had warned his victim of the date at which he would inflict a horrible death on him and who, from that moment onward, had confined him at his mercy for months. Such a monster is not encountered in private life.7

Differential Severity Does Not Require Executions What, then, emerges from our examination of retributive justice and the death penalty? If retrib- utive justice is thought to consist in lex talionis, all one can say is that this principle has never exercised more than a crude and indirect effect on the actual punishments meted out by society. Other moral principles interfere with a literal and single-minded application of this one. Some homicides seem improperly punished by death at all; others would require methods of execution too horrible to inflict. In any case, proponents of the death pen- alty rarely confine themselves to reliance on nothing but this principle of just retribution, since they rarely confine themselves to supporting the death penalty only for murder.

But retributive justice need not be identified with lex talionis. One may reject that principle as too crude and still embrace the retributive principle that the severity of punishments should be graded according to the gravity of the offense. Even though one need not claim that life imprisonment (or any kind of punishment other than death) ‘‘fits’’ the crime of murder, one can claim that this punishment is the proper one for murder. To do this, the schedule of punishments accepted by society must be arranged so that this mode of imprisonment is the most severe penalty used. Opponents of the death penalty can embrace this principle of retributive justice, even though they must reject a literal lex talionis.

Equal Justice and Capital Punishment During the past generation, the strongest practical objection to the death penalty has been the inequity with which it has been applied. As the late Supreme Court Justice William O. Douglas once observed, ‘‘One searches our chronicles in vain for the execu- tion of any member of the affluent strata of the society.’’8 One does not search our chronicles in vain for the crime of murder committed by the affluent. All the sociological evidence points to the conclusion that the death penalty is the poor man’s justice; hence the slogan, ‘‘Those without the capital get the punishment.’’ The death penalty is also racially sensitive. Every study of the death penalty for rape (unconstitutional only since 1977)

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994200 An Examined Life Critical Thinking and Ethics

13_bos5511X_Ch11_p323-348.indd 343 7/24/14 9:55 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics344 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

has confirmed that black rapists (especially where the victim is white) are far more likely to be sentenced to death and executed than white rapists. Con- victed black murderers are more likely to end up on ‘‘death row’’ than are others, and the killers of whites (whether white or nonwhite) are more likely to be sentenced to death than are the killers of nonwhites.

Let us suppose that the factual basis for such a criticism is sound. What follows for the morality of capital punishment? Many defenders of the death penalty have been quick to point out that since there is nothing intrinsic about the crime of murder or rape dictating that only the poor or only racial-minority males will commit it, and since there is nothing overtly racist about the statutes that authorize the death penalty for murder or rape, capital punishment itself is hardly at fault if in practice it falls with unfair impact on the poor and the black. There is, in short, nothing in the death penalty that requires it to be applied unfairly and with arbitrary or discrimi- natory results. At worst, such results stem from defects in the system of ad- ministering criminal justice. (Some, who dispute the facts cited above, would deny even this.) There is an adequate remedy — execute more whites, women, and affluent murderers.

Presumably, both proponents and opponents of capital punishment would concede that it is a fundamental dictate of justice that a punishment should not be unfairly — inequitably or unevenly — enforced and applied. They should also be able to agree that when the punishment in question is the extremely severe one of death, then the requirement to be fair in using such a punishment becomes even more stringent. There should be no dis- pute in the death penalty controversy over these principles of justice. The dispute should begin only when one attempts to connect the principles with the actual use of this punishment.

In this country, many critics of the death penalty have argued, we would long ago have got rid of it entirely if equal and fair application had been a condition of its use. In the words of the attorneys who argued against the death penalty before the Supreme Court during 1972, ‘‘It is a freakish aberration, a random extreme act of violence, visibly arbitrary and discriminatory — a penalty reserved for unusual application because, if it were usually used, it would affront universally shared standards of public decency.’’9 It is difficult to dispute this judgment, when one considers that there have been in the United States during the past fifty years about half a million criminal homicides, about a third of a million persons arrested for these crimes, but fewer than four thousand executions (all but three dozen of which were of men).

We can look at these statistics in another way to illustrate the same point. If we could be assured that the nearly four thousand persons executed were the worst of the bad, repeated offenders impossible to incarcerate safely (much less to rehabilitate), the most dangerous murderers in captivity — the ones who had killed more than once and were likely to kill again, and the least likely to be confined in prison without chronic danger to other inmates

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994Capital Punishment (selection): Reading 201

and the staff — then one might accept half a million murders and a few thousand executions with a sense that rough justice had been done. But the truth is otherwise. Persons are sentenced to death and executed not because they have been found to be uncontrollably violent or hopelessly poor risks for safe confinement and release. Instead, they are executed because at trial they had a poor defense (inexperienced or overworked counsel); they had no funds to bring sympathetic witnesses to court; they are transients or strangers in the community where they are tried; the prosecuting attorney wanted the publicity that goes with ‘‘sending a killer to the chair’’; there were no funds for an appeal or for a transcript of the trial record; they are members of a despised racial or political minority. In short, the actual study of why particular persons have been sentenced to death and executed does not show any careful winnowing of the worst from the bad. It shows that those executed were usually the unlucky victims of prejudice and discrimi- nation, the losers in an arbitrary lottery that could just as well have spared them, the victims of the disadvantages that almost always go with poverty. A system like this does not enhance human life; it cheapens and degrades it. However heinous murder and other crimes are, the system of capital pun- ishment does not compensate for or erase those crimes. It tends only to add new injuries of its own to the catalogue of human brutality.

VI. Conclusion

Our discussion of the death penalty from the moral point of view shows that there is no one moral principle that has paramount validity and that deci- sively favors one side of the controversy. Rather, we have seen how it is possible to argue either for or against the death penalty, and in each case to be appealing to moral principles that derive from the worth, value, or dignity of human life. We have also seen how it is impossible to connect any of these abstract principles with the actual practice of capital punishment without a close study of sociological, psychological, and economic factors. By them- selves, the moral principles that are relevant are too abstract and uncertain in application to be of much help. Without the guidance of such principles, of course, the facts (who gets executed, and why) are of little consequence, either.

My own view of the controversy is that, given the moral principles identi- fied in the course of our discussion (including the overriding value of human life), and given all the facts about capital punishment, the balance of reasons favors abolition of the death penalty. The alternative to capital pun- ishment that I favor, as things currently stand, is long-term imprisonment. Such a punishment is retributive and can be made more or less severe to reflect the gravity of the crime. It gives adequate (though hardly perfect) protection to the public. It is free of the worst defect to which the death penalty is liable: execution of the innocent. It tacitly acknowledges that there is no way for a criminal, alive or dead, to make complete amends for murder or other grave crimes against the person. Last but not least, long-term im-

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994202 An Examined Life Critical Thinking and Ethics

13_bos5511X_Ch11_p323-348.indd 344 7/24/14 9:55 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Capital Punishment (selection): Reading 345

has confirmed that black rapists (especially where the victim is white) are far more likely to be sentenced to death and executed than white rapists. Con- victed black murderers are more likely to end up on ‘‘death row’’ than are others, and the killers of whites (whether white or nonwhite) are more likely to be sentenced to death than are the killers of nonwhites.

Let us suppose that the factual basis for such a criticism is sound. What follows for the morality of capital punishment? Many defenders of the death penalty have been quick to point out that since there is nothing intrinsic about the crime of murder or rape dictating that only the poor or only racial-minority males will commit it, and since there is nothing overtly racist about the statutes that authorize the death penalty for murder or rape, capital punishment itself is hardly at fault if in practice it falls with unfair impact on the poor and the black. There is, in short, nothing in the death penalty that requires it to be applied unfairly and with arbitrary or discrimi- natory results. At worst, such results stem from defects in the system of ad- ministering criminal justice. (Some, who dispute the facts cited above, would deny even this.) There is an adequate remedy — execute more whites, women, and affluent murderers.

Presumably, both proponents and opponents of capital punishment would concede that it is a fundamental dictate of justice that a punishment should not be unfairly — inequitably or unevenly — enforced and applied. They should also be able to agree that when the punishment in question is the extremely severe one of death, then the requirement to be fair in using such a punishment becomes even more stringent. There should be no dis- pute in the death penalty controversy over these principles of justice. The dispute should begin only when one attempts to connect the principles with the actual use of this punishment.

In this country, many critics of the death penalty have argued, we would long ago have got rid of it entirely if equal and fair application had been a condition of its use. In the words of the attorneys who argued against the death penalty before the Supreme Court during 1972, ‘‘It is a freakish aberration, a random extreme act of violence, visibly arbitrary and discriminatory — a penalty reserved for unusual application because, if it were usually used, it would affront universally shared standards of public decency.’’9 It is difficult to dispute this judgment, when one considers that there have been in the United States during the past fifty years about half a million criminal homicides, about a third of a million persons arrested for these crimes, but fewer than four thousand executions (all but three dozen of which were of men).

We can look at these statistics in another way to illustrate the same point. If we could be assured that the nearly four thousand persons executed were the worst of the bad, repeated offenders impossible to incarcerate safely (much less to rehabilitate), the most dangerous murderers in captivity — the ones who had killed more than once and were likely to kill again, and the least likely to be confined in prison without chronic danger to other inmates

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994Capital Punishment (selection): Reading 201

and the staff — then one might accept half a million murders and a few thousand executions with a sense that rough justice had been done. But the truth is otherwise. Persons are sentenced to death and executed not because they have been found to be uncontrollably violent or hopelessly poor risks for safe confinement and release. Instead, they are executed because at trial they had a poor defense (inexperienced or overworked counsel); they had no funds to bring sympathetic witnesses to court; they are transients or strangers in the community where they are tried; the prosecuting attorney wanted the publicity that goes with ‘‘sending a killer to the chair’’; there were no funds for an appeal or for a transcript of the trial record; they are members of a despised racial or political minority. In short, the actual study of why particular persons have been sentenced to death and executed does not show any careful winnowing of the worst from the bad. It shows that those executed were usually the unlucky victims of prejudice and discrimi- nation, the losers in an arbitrary lottery that could just as well have spared them, the victims of the disadvantages that almost always go with poverty. A system like this does not enhance human life; it cheapens and degrades it. However heinous murder and other crimes are, the system of capital pun- ishment does not compensate for or erase those crimes. It tends only to add new injuries of its own to the catalogue of human brutality.

VI. Conclusion

Our discussion of the death penalty from the moral point of view shows that there is no one moral principle that has paramount validity and that deci- sively favors one side of the controversy. Rather, we have seen how it is possible to argue either for or against the death penalty, and in each case to be appealing to moral principles that derive from the worth, value, or dignity of human life. We have also seen how it is impossible to connect any of these abstract principles with the actual practice of capital punishment without a close study of sociological, psychological, and economic factors. By them- selves, the moral principles that are relevant are too abstract and uncertain in application to be of much help. Without the guidance of such principles, of course, the facts (who gets executed, and why) are of little consequence, either.

My own view of the controversy is that, given the moral principles identi- fied in the course of our discussion (including the overriding value of human life), and given all the facts about capital punishment, the balance of reasons favors abolition of the death penalty. The alternative to capital pun- ishment that I favor, as things currently stand, is long-term imprisonment. Such a punishment is retributive and can be made more or less severe to reflect the gravity of the crime. It gives adequate (though hardly perfect) protection to the public. It is free of the worst defect to which the death penalty is liable: execution of the innocent. It tacitly acknowledges that there is no way for a criminal, alive or dead, to make complete amends for murder or other grave crimes against the person. Last but not least, long-term im-

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prisonment has symbolic significance. The death penalty, more than any other kind of killing, is done by officials in the name of society and on its behalf. Each of us, therefore, has a hand in such killings. Unless they are absolutely necessary they cannot be justified. Thus, abolishing the death penalty represents extending the hand of life even to those who by their crimes have ‘‘forfeited’’ any right to live. A penal policy limiting the severity of punishment to long-term incarceration acknowledges that we must aban- don the folly and pretense of attempting to secure perfect justice in an imperfect world.

Searching for an epigram suitable for our times, in which governments have waged war and suppressed internal dissent by methods that can be described only as savage and criminal, Camus was prompted to admonish: ‘‘Let us be neither victims nor executioners.’’ Perhaps better than any other, this exhortation points the way between unacceptable extremes if we are to respect the humanity in each of us.

� N O T E S

1. utilitarian: relating to the theory of utilitarianism, which states that the morally correct action in a given situation is the one that produces the best consequences overall [D.C.A., ed.]

2. lex talionis: the law that retribution should be equivalent to the offense (Latin for ‘‘law of retaliation’’) [D.C.A.]

3. Immanuel Kant (1724 – 1804) was a German philosopher. [D.C.A.] 4. Kant, The Metaphysical Elements of Justice, trans. John Ladd (Indianapolis,

Ind.: Bobbs-Merrill, 1965), p. 106. [H.A.B.] 5. Benjamin Cardozo, ‘‘What Medicine Can Do for Law,’’ in Selected Writings

of Benjamin Nathan Cardozo, ed. Margaret E. Hall (New York: Fallon, 1947), p. 384. [H.A.B.]

6. McGautha v. California, 402 U.S. 183 (1971), p. 204. [H.A.B.] 7. Albert Camus, Resistance, Rebellion, and Death, trans. Justin O’Brien (New

York: Knopf, 1961), p. 199. [H.A.B.] 8. Furman v. Georgia, 408 U.S. 183 (1971), pp. 251 – 252. [H.A.B.] 9. NAACP Legal Defense and Educational Fund, Brief for Petitioner in

Aikens v. California, O.T. 1971, No. 68-5027. [H.A.B.]

Abel Discourses

Applied Ethics and Social Ethics

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© McGraw−Hill, Inc., 1994Capital Punishment (selection): Reading 203

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347“I’m sorry, but I’m morally and politically opposed to bangman.”

prisonment has symbolic significance. The death penalty, more than any other kind of killing, is done by officials in the name of society and on its behalf. Each of us, therefore, has a hand in such killings. Unless they are absolutely necessary they cannot be justified. Thus, abolishing the death penalty represents extending the hand of life even to those who by their crimes have ‘‘forfeited’’ any right to live. A penal policy limiting the severity of punishment to long-term incarceration acknowledges that we must aban- don the folly and pretense of attempting to secure perfect justice in an imperfect world.

Searching for an epigram suitable for our times, in which governments have waged war and suppressed internal dissent by methods that can be described only as savage and criminal, Camus was prompted to admonish: ‘‘Let us be neither victims nor executioners.’’ Perhaps better than any other, this exhortation points the way between unacceptable extremes if we are to respect the humanity in each of us.

� N O T E S

1. utilitarian: relating to the theory of utilitarianism, which states that the morally correct action in a given situation is the one that produces the best consequences overall [D.C.A., ed.]

2. lex talionis: the law that retribution should be equivalent to the offense (Latin for ‘‘law of retaliation’’) [D.C.A.]

3. Immanuel Kant (1724 – 1804) was a German philosopher. [D.C.A.] 4. Kant, The Metaphysical Elements of Justice, trans. John Ladd (Indianapolis,

Ind.: Bobbs-Merrill, 1965), p. 106. [H.A.B.] 5. Benjamin Cardozo, ‘‘What Medicine Can Do for Law,’’ in Selected Writings

of Benjamin Nathan Cardozo, ed. Margaret E. Hall (New York: Fallon, 1947), p. 384. [H.A.B.]

6. McGautha v. California, 402 U.S. 183 (1971), p. 204. [H.A.B.] 7. Albert Camus, Resistance, Rebellion, and Death, trans. Justin O’Brien (New

York: Knopf, 1961), p. 199. [H.A.B.] 8. Furman v. Georgia, 408 U.S. 183 (1971), pp. 251 – 252. [H.A.B.] 9. NAACP Legal Defense and Educational Fund, Brief for Petitioner in

Aikens v. California, O.T. 1971, No. 68-5027. [H.A.B.]

Abel Discourses

Applied Ethics and Social Ethics

Hugo Adam Bedau Capital Punishment (selection)

© McGraw−Hill, Inc., 1994Capital Punishment (selection): Reading 203

© Danny Shanahan//e New Yorker Collection/from www.cartoonbank.com

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An Examined Life: Critical Thinking and Ethics348

BIBLIOGRAPHY

Immanuel Kant, The Philosophy of Law [a section of The Metaphysics of Morals], trans. W. Hastie, Edinburgh, Scotland: T. & T. Clark, 1887 (updated stylistically).

Hugo Adam Bedau, “Capital Punishment.” In Matters of Life and Death: New Introductory Essays in Moral Philosophy, ed. Tom Regan. 3rd ed. New York: McGraw-Hill, 1993.

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349

CHAPTER 12: Sexual Morality and

Reproductive Rights

INTRODUCTION

Sexual morality encompasses a wide number of interrelated issues including the dangers of sexually transmitted diseases, teenage sexuality, pregnancy, abortion and woman’s choice to her reproductive rights, pornography, rape, prostitution, sexual tourism, even sexual orientation and gender identity. Each of these topics could be examined in detail but a general overview will be discussed here, with a view to encouraging class discussion on related topics beyond those selected in this book. Some writers argue that there is nothing unique about sex that differentiates it from other human activities. Philosophers such as Alan Goldman in Plain Sex claim that having sex is akin to shaking hands and that the same morals that govern other human activities, govern sexual relations. Alternatively, most people find the intimacy and physical connections of sexual relations create unique circumstances that differentiate sexual relations from other human activities.

For starters, there are some potential consequences of sex, such as disease and pregnancy, that seem to place an added significance on sexual relations. A new life is not potentially going to be created when I shake someone’s hand or break a promise, but such is the possibility in certain sexual activities. Shaking hands seldom if ever can result in acquiring a disease, but having unprotected sex can bring that possibility.

According to the W.H.O. (World Health Organization), there are sobering facts about sexually transmit5ed diseases:

• More than 1 million people acquire a sexually transmitted infection (STI) every day.

• Each year, an estimated 500 million people become ill with one of 4 STIs: chlamydia, gonorrhoea, syphilis and trichomoniasis.

• More than 530 million people have the virus that causes genital herpes (HSV2).

• More than 290 million women have a human papillomavirus (HPV) infection. The very use of a vaccine to prevent HPV has become a controversial issue in its own right in this country.

• The majority of STIs are present without symptoms. • Some STIs can increase the risk of HIV acquisition three-fold or more. • STIs can have serious consequences beyond the immediate impact of

the infection itself, through mother-to-child transmission of infections and chronic diseases.

• Drug resistance, especially for gonorrhea, is a major threat to reducing the impact of STIs worldwide.

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Aside from disease, pregnancy is another significant potential conse- quence of unprotected heterosexual sex. The WHO estimates that there are between 70 and 75 million unwanted pregnancies annually, approxi- mately 45 million abortions, and 20 million unsafe abortions are performed. Positions on the topic of abortion vary between two extremes--all are ethically permissible and none are ethically permissible. The majority of persons that argue that no abortion is ethical do so on the basis of the personhood of the fetus. Such a position will often argue, including the Thomistic position of the Catholic Church, that human life begins at conception and that an abor- tion results in the killing of a human life. On the other extreme are those who argue that life does not begin until after birth (or that humanity does not ensue until days, weeks or months after birth), so that late-term abor- tion and even infanticide are ethically permissible. More moderate positions argue that some abortions are ethical under various circumstances. Some argue that abortions are ethical up until viability (the point at which the fetus could survive outside of the mother, that is, about 22 weeks of gestation.

The law of the land in the United States is the Roe v. Wade decision, which made abortion legal in the country as a matter of privacy: in a classical Utilitarian argument, the Supreme Court decided that ending a pregnancy or not was a woman’s decision since she and only she was directly affected by the consequences of the act; a fetus, at least up to three months, is not as person according to the law as well as according to most medical authorities. In many countries, others argue that all first trimester abortions are ethical. Others still claim that particular moral circumstances dictate the ethics of abortion. Such circumstances include saving a woman’s life, when the mother has been raped, or when the fetus is terminally ill or has an insurmountable birth defect. The argument that abortion is wrong except in the case of rape falls apart on close inspection. The abortion will not un-rape the woman in question. And if abortion is indeed murder, as some fundamentalists claim, then how can the murder of any child be justified just so the pregnant woman will feel better? In other words, the arguments exposes at best the insincerity of the claim that a fetus is a person. The status of the fetus and its potential personhood is discussed in the readings that follow in this chapter.

The topic of pornography in this day and age is still contested, but the internet has almost made the issue moot. In the recent past, access to pornographic material was restricted. Today, however, just about anyone with a computer, laptop, smart phone, or tablet can download pornographic material in an instant. Although there are some who argue that all pornographic material is offensive and immoral—usually a relativist argument that may rely on community standards that by their very nature vary from place to place--that view is a minority position. What seems to be of more interest in our technological world is ownership and privacy of personal pornographic material. A major trend is the advent of sexting-- sending sexually explicit pictures to a sexual partner. Further, the ease of use of digital media has made it possible for anyone to take pornographic

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351Chapter 12: Sexual Morality and Reproductive Rights

pictures or videos. A number of cases have emerged where an ex- partner has uploaded or sold pictures and videos onto the internet without the consent of the person in the photos. Technology has complicated and blurred the lines between what pornography is and what it is not.

Prostitution is another topic that garners great debate. In a number of places it is legal, in the vast majority of places it is not. Some argue that anyone that wants to sell himself or herself ought to have the right to do so, and that anyone that wants to pay for sex ought to have that same right. If it a person’s choice of career, the argument against it becomes more difficult—the hours and wages may well be much better than those of, say, any full-time Wallmart employee who is not making a living wage and must rely on food stamps to make ends meet. Prostitution is not always a matter of choice, however, and that does complicate the issue. Many of the prostitutes involved in illegal prostitution in the United States and around the world today are coerced or even held in bondage. Sexual slavery, sex trafficking, involves abducting (or buying) men and women (usually young boys and girls and young as 4 or 5 years of age) to be used as prostitutes. This is not just prostitution, it is in fact slavery. Although some philosophers may argue for the ethical permissibility of prostitution, no reasonable person is going to argue for the abduction and rape of children. This is not to conflate the two issues, prostitution and sex trafficking, but in many cases the two are inexorably intertwined. It may be the case that prostitution may be ethical in principle, but not ethical as it is currently practiced on the whole in the world today.

Octavio Roca and Matthew Schuh

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Confi rming Pages

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T H E V A T I C A N

Declaration on Sexual Ethics

The Declaration on Sexual Ethics was issued by the Vatican on December 29, 1975. The Vatican defends the doctrine, based on natural law ethics and scriptural text, that sexual acts must occur only in the context of marriage. Premarital sex, homosexuality, and masturbation are all condemned.

Critical Reading Questions

1. Why did the Vatican feel the need to issue the “Declaration on Sexual Ethics”? 2. What is the connection between sexuality and human dignity? 3. What is the source of morality? 4. Why is marriage between a man and a woman the only framework in which sexual

intimacy is moral? 5. What is the moral relationship between sexuality and procreation? 6. Why is premarital sex immoral? 7. Why is homosexuality immoral? How should the Church respond to people who are

homosexual? 8. What is the Vatican’s position on the morality of masturbation?

SUMMARY OF READINGS ON SEXUAL INTIMACY AND MARRIAGE

The Vatican, “Declaration on Sexual Ethics.” Sexual acts should occur only within marriage.

Ruddick, “Better Sex.” Better sex brings benefi t to those engaging in it and is also complete and natural.

Ruse, “Is Homosexuality Bad Sexuality?” Although some people may regard homosexuality as a perversion, it is not immoral.

Marshall and Cordy, “ Goodridge v. Department of Public Health (2003).” Argu- ments are presented for and against the legalization of same-sex marriage.

Wasserstrom, “Is Adultery Immoral?” Adultery in general is immoral because it involves deception.

Vatican Statement, “Persona Humana: Declaration on Certain Questions Concerning Sexual Ethics.” Given at Rome, at the Sacred Congregation for the Doctrine of the Faith, on December 29, 1975.

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nature is respected. Of course, in the history of civilization many of the concrete conditions and needs of human life have changed and will con- tinue to change. But all evolution of morals and every type of life must be kept within the limits imposed by the immutable principles based upon every human person’s constitutive elements and essential relations—elements and relations which transcend historical contingency.

These fundamental principles, which can be grasped by reason, are contained in “the divine law—eternal, objective, and universal—whereby God orders, directs, and governs the entire uni- verse and all the ways of the human community, by a plan conceived in wisdom and love. . . .

4. Hence, those many people are in error who today assert that one can fi nd neither in human nature nor in the revealed law any absolute and immutable norm to serve for particular actions other than the one which expresses itself in the general law of charity and respect for human dignity. . . .

But in fact, divine Revelation and, in its own proper order, philosophical wisdom, emphasize the authentic exigencies of human nature. They thereby necessarily manifest the existence of immu- table laws inscribed in the constitutive elements of human nature and which are revealed to be identi- cal in all beings endowed with reason.

Furthermore, Christ instituted his Church as “the pillar and bulwark of truth.” 2 With the Holy Spirit’s assistance, she ceaselessly preserves and transmits without error the truths of the moral order, and she authentically interprets not only the revealed positive law but “also . . . those prin- ciples of the moral order which have their origin in human nature itself ” 3 and which concern man’s full development and sanctifi cation. . . .

5. Since sexual ethics concern certain funda- mental values of human and Christian life, this general teaching equally applies to sexual ethics. In this domain there exist principles and norms which the Church has always unhesitatingly trans- mitted as part of her teaching, however much the opinions and morals of the world may have been

1. According to contemporary scientifi c research, the human person is so profoundly affected by sexuality that it must be considered as one of the factors which give to each individual’s life the prin- cipal traits that distinguish it. In fact it is from sex that the human person receives the characteristics which, on the biological, psychological and spiritual levels, make that person a man or a woman, and thereby largely condition his or her progress towards maturity and insertion into society. Hence sexual matters, as is obvious to everyone, today constitute a theme frequently and openly dealt with in books, reviews, magazines, and other means of social communication.

In the present period, the corruption of morals has increased, and one of the most serious indica- tions of this corruption is the unbridled exaltation of sex. . . .

2. The Church cannot remain indifferent to this confusion of minds and relaxation of morals. It is a question, in fact, of a matter which is of the utmost importance both for the personal lives of Christians and for the social life of our time . . . since the erroneous opinions and resulting devia- tions are continuing to spread everywhere, the Sacred Congregation for the Doctrine of the Faith, by virtue of its function in the universal Church and by a mandate of the Supreme Pontiff, has judged it necessary to publish the present Declaration.

3. The people of our time are more and more convinced that the human person’s dignity and vocation demand that they should discover, by the light of their own intelligence, the values innate in their nature, that they should ceaselessly develop these values and realize them in their lives, in order to achieve an ever greater development.

In moral matters man cannot make value judg- ments according to his personal whim: “In the depths of his conscience, man detects a law which he does not impose on himself, but which holds him to obedience. . . . For man has in his heart a law written by God. To obey it is the very dignity of man; according to it he will be judged.” 1 . . . .

Therefore there can be no true promotion of man’s dignity unless the essential order of his

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353

Confi rming Pages

The Vatican ■ Declaration on Sexual Ethics 335

T H E V A T I C A N

Declaration on Sexual Ethics

The Declaration on Sexual Ethics was issued by the Vatican on December 29, 1975. The Vatican defends the doctrine, based on natural law ethics and scriptural text, that sexual acts must occur only in the context of marriage. Premarital sex, homosexuality, and masturbation are all condemned.

Critical Reading Questions

1. Why did the Vatican feel the need to issue the “Declaration on Sexual Ethics”? 2. What is the connection between sexuality and human dignity? 3. What is the source of morality? 4. Why is marriage between a man and a woman the only framework in which sexual

intimacy is moral? 5. What is the moral relationship between sexuality and procreation? 6. Why is premarital sex immoral? 7. Why is homosexuality immoral? How should the Church respond to people who are

homosexual? 8. What is the Vatican’s position on the morality of masturbation?

SUMMARY OF READINGS ON SEXUAL INTIMACY AND MARRIAGE

The Vatican, “Declaration on Sexual Ethics.” Sexual acts should occur only within marriage.

Ruddick, “Better Sex.” Better sex brings benefi t to those engaging in it and is also complete and natural.

Ruse, “Is Homosexuality Bad Sexuality?” Although some people may regard homosexuality as a perversion, it is not immoral.

Marshall and Cordy, “ Goodridge v. Department of Public Health (2003).” Argu- ments are presented for and against the legalization of same-sex marriage.

Wasserstrom, “Is Adultery Immoral?” Adultery in general is immoral because it involves deception.

Vatican Statement, “Persona Humana: Declaration on Certain Questions Concerning Sexual Ethics.” Given at Rome, at the Sacred Congregation for the Doctrine of the Faith, on December 29, 1975.

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336 Part II ■ Analyzing Moral Issues

nature is respected. Of course, in the history of civilization many of the concrete conditions and needs of human life have changed and will con- tinue to change. But all evolution of morals and every type of life must be kept within the limits imposed by the immutable principles based upon every human person’s constitutive elements and essential relations—elements and relations which transcend historical contingency.

These fundamental principles, which can be grasped by reason, are contained in “the divine law—eternal, objective, and universal—whereby God orders, directs, and governs the entire uni- verse and all the ways of the human community, by a plan conceived in wisdom and love. . . .

4. Hence, those many people are in error who today assert that one can fi nd neither in human nature nor in the revealed law any absolute and immutable norm to serve for particular actions other than the one which expresses itself in the general law of charity and respect for human dignity. . . .

But in fact, divine Revelation and, in its own proper order, philosophical wisdom, emphasize the authentic exigencies of human nature. They thereby necessarily manifest the existence of immu- table laws inscribed in the constitutive elements of human nature and which are revealed to be identi- cal in all beings endowed with reason.

Furthermore, Christ instituted his Church as “the pillar and bulwark of truth.” 2 With the Holy Spirit’s assistance, she ceaselessly preserves and transmits without error the truths of the moral order, and she authentically interprets not only the revealed positive law but “also . . . those prin- ciples of the moral order which have their origin in human nature itself ” 3 and which concern man’s full development and sanctifi cation. . . .

5. Since sexual ethics concern certain funda- mental values of human and Christian life, this general teaching equally applies to sexual ethics. In this domain there exist principles and norms which the Church has always unhesitatingly trans- mitted as part of her teaching, however much the opinions and morals of the world may have been

1. According to contemporary scientifi c research, the human person is so profoundly affected by sexuality that it must be considered as one of the factors which give to each individual’s life the prin- cipal traits that distinguish it. In fact it is from sex that the human person receives the characteristics which, on the biological, psychological and spiritual levels, make that person a man or a woman, and thereby largely condition his or her progress towards maturity and insertion into society. Hence sexual matters, as is obvious to everyone, today constitute a theme frequently and openly dealt with in books, reviews, magazines, and other means of social communication.

In the present period, the corruption of morals has increased, and one of the most serious indica- tions of this corruption is the unbridled exaltation of sex. . . .

2. The Church cannot remain indifferent to this confusion of minds and relaxation of morals. It is a question, in fact, of a matter which is of the utmost importance both for the personal lives of Christians and for the social life of our time . . . since the erroneous opinions and resulting devia- tions are continuing to spread everywhere, the Sacred Congregation for the Doctrine of the Faith, by virtue of its function in the universal Church and by a mandate of the Supreme Pontiff, has judged it necessary to publish the present Declaration.

3. The people of our time are more and more convinced that the human person’s dignity and vocation demand that they should discover, by the light of their own intelligence, the values innate in their nature, that they should ceaselessly develop these values and realize them in their lives, in order to achieve an ever greater development.

In moral matters man cannot make value judg- ments according to his personal whim: “In the depths of his conscience, man detects a law which he does not impose on himself, but which holds him to obedience. . . . For man has in his heart a law written by God. To obey it is the very dignity of man; according to it he will be judged.” 1 . . . .

Therefore there can be no true promotion of man’s dignity unless the essential order of his

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Confi rming Pages

The Vatican ■ Declaration on Sexual Ethics 337

when this intimate relationship seems necessary in order for love to be preserved.

This opinion is contrary to Christian doc- trine, which states that every genital act must be within the framework of marriage. However fi rm the intention of those who practice such prema- ture sexual relations may be, the fact remains that these relations cannot ensure, in sincerity and fi delity, the interpersonal relationship between a man and a woman, nor especially can they protect this relationship from whims and caprices. Now it is a stable union that Jesus willed, and he restored its original requirement, beginning with the sex- ual difference. “Have you not read that the creator from the beginning made them male and female and that he said: This is why a man must leave father and mother, and cling to his wife, and the two become one body? They are no longer two, therefore, but one body. So then, what God has united, man must not divide.” 5 . . . Through mar- riage, in fact, the love of married people is taken up into that love which Christ irrevocably has for the Church, 6 while dissolute sexual union 7 defi les the temple of the Holy Spirit which the Christian has become. Sexual union therefore is only legit- imate if a defi nitive community of life has been established between the man and the woman. . . .

Experience teaches us that love must fi nd its safeguard in the stability of marriage, if sexual intercourse is truly to respond to the require- ments of its own fi nality and to those of human dignity. These requirements call for a conjugal contract sanctioned and guaranteed by society— a contract which establishes a state of life of cap- ital importance both for the exclusive union of the man and the woman and for the good of their family and of the human community. Most often, in fact, premarital relations exclude the possibil- ity of children. What is represented to be conju- gal love is not able, as it absolutely should be, to develop into paternal and maternal love. Or, if it does happen to do so, this will be to the detriment of the children, who will be deprived of the sta- ble environment in which they ought to develop in order to fi nd in it the way and the means of their insertion into society as a whole.

opposed to them. These principles and norms in no way owe their origin to a certain type of culture, but rather to knowledge of the divine law and of human nature. . . .

It is these principles which inspired the exhor- tations and directives given by the Second Vatican Council for an education and an organization of social life taking account of the equal dignity of man and woman while respecting their difference. . . .

In this regard the Council declares that the moral goodness of the acts proper to conjugal life, acts which are ordered according to true human dignity, “does not depend solely on sincere inten- tions or on an evaluation of motives. It must be determined by objective standards. These, based on the nature of the human person and his acts, preserve the full sense of mutual self-giving and human procreation in the context of true love.” 4

These fi nal words briefl y sum up the Council’s teaching—more fully expounded in an earlier part of the same Constitution—on the fi nality of the sexual act and on the principal criterion of its morality: it is respect for its fi nality that ensures the moral goodness of this act.

This same principle, which the Church holds from divine Revelation and from her authentic interpretation of the natural law, is also the basis of her traditional doctrine, which states that the use of the sexual function has its true meaning and moral rectitude only in true marriage.

6. It is not the purpose of the present dec- laration to deal with all the abuses of the sexual faculty, nor with all the elements involved in the practice of chastity. Its object is rather to repeat the Church’s doctrine on certain particular points, in view of the urgent need to oppose serious errors and widespread aberrant modes of behavior.

7. Today there are many who vindicate the right to sexual union before marriage, at least in those cases where a fi rm intention to marry and an affection which is already in some way conju- gal in the psychology of the subjects require this completion, which they judge to be connatural. This is especially the case when the celebration of the marriage is impeded by circumstances or

bos38448_ch07_324-375.indd 337 13/07/12 8:35 AM

Analyzing Moral Issues, Sixth Edition 219 Confi rming Pages

338 Part II ■ Analyzing Moral Issues

9. The traditional Catholic doctrine that mas- turbation constitutes a grave moral disorder is often called into doubt or expressly denied today. It is said that psychology and sociology show that it is a nor- mal phenomenon of sexual development, especially among the young. . . .

This opinion is contradictory to the teaching and pastoral practice of the Catholic Church. What- ever the force of certain arguments of a biological and philosophical nature, which have sometimes been used by theologians, in fact both the Magis- terium of the Church—in the course of a constant tradition—and the moral sense of the faithful have declared without hesitation that masturbation is an intrinsically and seriously disordered act. The main reason is that, whatever the motive for acting in this way, the deliberate use of the sexual faculty outside normal conjugal relations essentially con- tradicts the fi nality of the faculty. For it lacks the sexual relationship called for by the moral order, namely the relationship which realizes “the full sense of mutual self-giving and human procreation in the context of true love.” 9 All deliberate exercise of sexuality must be reserved to this regular rela- tionship. . . . The frequency of the phenomenon in question is certainly to be linked with man’s innate weakness following original sin; but it is also to be linked with the loss of a sense of God, with the cor- ruption of morals engendered by the commercial- ization of vice, with the unrestrained licentiousness of so many public entertainments and publications, as well as with the neglect of modesty, which is the guardian of chastity. . . .

In the pastoral ministry, in order to form an adequate judgment in concrete cases, the habitual behavior of people will be considered in its total- ity, not only with regard to the individual’s prac- tice of charity and of justice but also with regard to the individual’s care in observing the particular precepts of chastity. In particular, one will have to examine whether the individual is using the neces- sary means, both natural and supernatural, which Christian asceticism from its long experience rec- ommends for overcoming the passions and pro- gressing in virtue. . . . .

The consent given by people who wish to be united in marriage must therefore be manifested externally and in a manner which makes it valid in the eyes of society. . . .

8. At the present time there are those who, bas- ing themselves on observations in the psychologi- cal order, have begun to judge indulgently, and even to excuse completely, homosexual relations between certain people. This they do in opposi- tion to the constant teaching of the Magisterium and to the moral sense of the Christian people.

A distinction is drawn, and it seems with some reason, between homosexuals whose tendency comes from a false education, from a lack of nor- mal sexual development, from habit, from bad example, or from other similar causes, and is tran- sitory or at least not incurable; and homosexuals who are defi nitively such because of some kind of innate instinct or a pathological constitution judged to be incurable.

In regard to this second category of subjects, some people conclude that their tendency is so natural that it justifi es in their case homosexual relations within a sincere communion of life and love analogous to marriage insofar as such homo- sexuals feel incapable of enduring a solitary life.

In the pastoral fi eld, these homosexuals must certainly be treated with understanding and sus- tained in the hope of overcoming their personal diffi culties and their inability to fi t into society. Their culpability will be judged with prudence. But no pastoral method can be employed which would give moral justifi cation to these acts on the grounds that they would be consonant with the condition of such people. For according to the objective moral order, homosexual relations are acts which lack an essential and indispensable fi nality. In Sacred Scrip- ture they are condemned as a serious depravity and even presented as the sad consequence of reject- ing God. 8 This judgment of Scripture does not of course permit us to conclude that all those who suf- fer from this anomaly are personally responsible for it, but it does attest to the fact that homosexual acts are intrinsically disordered and can in no case be approved.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

355Confi rming Pages

The Vatican ■ Declaration on Sexual Ethics 337

when this intimate relationship seems necessary in order for love to be preserved.

This opinion is contrary to Christian doc- trine, which states that every genital act must be within the framework of marriage. However fi rm the intention of those who practice such prema- ture sexual relations may be, the fact remains that these relations cannot ensure, in sincerity and fi delity, the interpersonal relationship between a man and a woman, nor especially can they protect this relationship from whims and caprices. Now it is a stable union that Jesus willed, and he restored its original requirement, beginning with the sex- ual difference. “Have you not read that the creator from the beginning made them male and female and that he said: This is why a man must leave father and mother, and cling to his wife, and the two become one body? They are no longer two, therefore, but one body. So then, what God has united, man must not divide.” 5 . . . Through mar- riage, in fact, the love of married people is taken up into that love which Christ irrevocably has for the Church, 6 while dissolute sexual union 7 defi les the temple of the Holy Spirit which the Christian has become. Sexual union therefore is only legit- imate if a defi nitive community of life has been established between the man and the woman. . . .

Experience teaches us that love must fi nd its safeguard in the stability of marriage, if sexual intercourse is truly to respond to the require- ments of its own fi nality and to those of human dignity. These requirements call for a conjugal contract sanctioned and guaranteed by society— a contract which establishes a state of life of cap- ital importance both for the exclusive union of the man and the woman and for the good of their family and of the human community. Most often, in fact, premarital relations exclude the possibil- ity of children. What is represented to be conju- gal love is not able, as it absolutely should be, to develop into paternal and maternal love. Or, if it does happen to do so, this will be to the detriment of the children, who will be deprived of the sta- ble environment in which they ought to develop in order to fi nd in it the way and the means of their insertion into society as a whole.

opposed to them. These principles and norms in no way owe their origin to a certain type of culture, but rather to knowledge of the divine law and of human nature. . . .

It is these principles which inspired the exhor- tations and directives given by the Second Vatican Council for an education and an organization of social life taking account of the equal dignity of man and woman while respecting their difference. . . .

In this regard the Council declares that the moral goodness of the acts proper to conjugal life, acts which are ordered according to true human dignity, “does not depend solely on sincere inten- tions or on an evaluation of motives. It must be determined by objective standards. These, based on the nature of the human person and his acts, preserve the full sense of mutual self-giving and human procreation in the context of true love.” 4

These fi nal words briefl y sum up the Council’s teaching—more fully expounded in an earlier part of the same Constitution—on the fi nality of the sexual act and on the principal criterion of its morality: it is respect for its fi nality that ensures the moral goodness of this act.

This same principle, which the Church holds from divine Revelation and from her authentic interpretation of the natural law, is also the basis of her traditional doctrine, which states that the use of the sexual function has its true meaning and moral rectitude only in true marriage.

6. It is not the purpose of the present dec- laration to deal with all the abuses of the sexual faculty, nor with all the elements involved in the practice of chastity. Its object is rather to repeat the Church’s doctrine on certain particular points, in view of the urgent need to oppose serious errors and widespread aberrant modes of behavior.

7. Today there are many who vindicate the right to sexual union before marriage, at least in those cases where a fi rm intention to marry and an affection which is already in some way conju- gal in the psychology of the subjects require this completion, which they judge to be connatural. This is especially the case when the celebration of the marriage is impeded by circumstances or

bos38448_ch07_324-375.indd 337 13/07/12 8:35 AM

Analyzing Moral Issues, Sixth Edition 219 Analyzing Moral Issues, Sixth EditionConfi rming Pages

338 Part II ■ Analyzing Moral Issues

9. The traditional Catholic doctrine that mas- turbation constitutes a grave moral disorder is often called into doubt or expressly denied today. It is said that psychology and sociology show that it is a nor- mal phenomenon of sexual development, especially among the young. . . .

This opinion is contradictory to the teaching and pastoral practice of the Catholic Church. What- ever the force of certain arguments of a biological and philosophical nature, which have sometimes been used by theologians, in fact both the Magis- terium of the Church—in the course of a constant tradition—and the moral sense of the faithful have declared without hesitation that masturbation is an intrinsically and seriously disordered act. The main reason is that, whatever the motive for acting in this way, the deliberate use of the sexual faculty outside normal conjugal relations essentially con- tradicts the fi nality of the faculty. For it lacks the sexual relationship called for by the moral order, namely the relationship which realizes “the full sense of mutual self-giving and human procreation in the context of true love.” 9 All deliberate exercise of sexuality must be reserved to this regular rela- tionship. . . . The frequency of the phenomenon in question is certainly to be linked with man’s innate weakness following original sin; but it is also to be linked with the loss of a sense of God, with the cor- ruption of morals engendered by the commercial- ization of vice, with the unrestrained licentiousness of so many public entertainments and publications, as well as with the neglect of modesty, which is the guardian of chastity. . . .

In the pastoral ministry, in order to form an adequate judgment in concrete cases, the habitual behavior of people will be considered in its total- ity, not only with regard to the individual’s prac- tice of charity and of justice but also with regard to the individual’s care in observing the particular precepts of chastity. In particular, one will have to examine whether the individual is using the neces- sary means, both natural and supernatural, which Christian asceticism from its long experience rec- ommends for overcoming the passions and pro- gressing in virtue. . . . .

The consent given by people who wish to be united in marriage must therefore be manifested externally and in a manner which makes it valid in the eyes of society. . . .

8. At the present time there are those who, bas- ing themselves on observations in the psychologi- cal order, have begun to judge indulgently, and even to excuse completely, homosexual relations between certain people. This they do in opposi- tion to the constant teaching of the Magisterium and to the moral sense of the Christian people.

A distinction is drawn, and it seems with some reason, between homosexuals whose tendency comes from a false education, from a lack of nor- mal sexual development, from habit, from bad example, or from other similar causes, and is tran- sitory or at least not incurable; and homosexuals who are defi nitively such because of some kind of innate instinct or a pathological constitution judged to be incurable.

In regard to this second category of subjects, some people conclude that their tendency is so natural that it justifi es in their case homosexual relations within a sincere communion of life and love analogous to marriage insofar as such homo- sexuals feel incapable of enduring a solitary life.

In the pastoral fi eld, these homosexuals must certainly be treated with understanding and sus- tained in the hope of overcoming their personal diffi culties and their inability to fi t into society. Their culpability will be judged with prudence. But no pastoral method can be employed which would give moral justifi cation to these acts on the grounds that they would be consonant with the condition of such people. For according to the objective moral order, homosexual relations are acts which lack an essential and indispensable fi nality. In Sacred Scrip- ture they are condemned as a serious depravity and even presented as the sad consequence of reject- ing God. 8 This judgment of Scripture does not of course permit us to conclude that all those who suf- fer from this anomaly are personally responsible for it, but it does attest to the fact that homosexual acts are intrinsically disordered and can in no case be approved.

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Confi rming Pages

Sara Ruddick ■ Better Sex 339

6. See Eph 5, 25–32. 7. Extramarital intercourse is expressly condemned

in 1 Cor 5, 1; 6, 9; 7, 2; 10, 8; Eph 5, 5–7; 1 Tm 1, 10; Heb 13, 4; there are explicit arguments given in 1 Cor 6, 12–20.

8. Rom 1:24–27: . . . . See also what St. Paul says of sodomy in 1 Cor 6, 9; 1 Tm 1, 10.

9. Pastoral Constitution on the Church in the World of Today, no. 51: AAS 58 (1966) 1072 [ TPS XI, 293].

NOTES

1. Pastoral Constitution on the Church in the World of Today, no. 16: AAS 58 (1966) 1037 [ TPS XI, 268].

2. 1 Tm 3, 15. 3. Declaration on Religious Freedom, no. 14: AAS 58

(1966) 940 [ TPS XI, 93]. 4. Loc. cit.; see also no. 49: AAS 58 (1966) 1069–1070

[ TPS XI, 291–292]. 5. Mt 19, 4–6.

Discussion Questions

1. The Vatican argues that procreation is the only proper end of the sexual act. Does this claim logically follow from the fact that procreation occurs as a result of the sexual act? Support your answer.

2. Does the claim that the primary purpose of marriage is the procreation and raising of children reduce marriage to a means to an end? How might the authors of the “Declaration of Sexual Ethics” respond to this question? Support your answers.

3. Discuss the Vatican’s condemnation of homosexuality. Does calling homosexual- ity a pathological state merely beg the question and avoid the issue? Support your answers.

4. The majority of Americans, including Catholics, believe that priests should be allowed to marry and continue to function as priests. 29 Is requiring celibacy con- trary to natural law or harmful to the social good? Support your answer.

S A R A R U D D I C K

Better Sex

Sara Ruddick is professor emeritus at Eugene Lang College at the New School for Social Research. She is also the author of Maternal Thinking: Towards a Politics of Peace. In this reading, Ruddick distinguishes between incomplete and complete or better sex. Better sex, she argues, is sex that increases the benefi t of the act for the person engag- ing in it. Better sex is also complete and natural.

“Better Sex,” in Philosophy and Sex, revised edition, ed. by Robert Baker and Frederick Elliston (Amherst, N.Y.: Prometheus Books, 1994), 280–299.

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Analyzing Moral Issues, Sixth Edition 221 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

Gay Basics: Some Questions, Facts, and Values

Richard D. Mohr

Richard D. Mohr was born in Portland, Oregon, in 1950. He attended the University of Chicago and received his bachelor’s degree in 1972. He then enrolled in the graduate program in philosophy at the University of Toronto, where he completed his master’s degree in 1973 and his doctorate in 1977. Mohr accepted a position as Assistant Professor of Philosophy at the University of Illinois at Urbana/Champaign. He was promoted to Associate Professor in 1984 and has been Professor since 1989. He was the founding editor (1989) of the journal Between Men—Between Women: Lesbian and Gay Studies and was its general editor until 1991.

Mohr’s publications include The Platonic Cosmology (1985), Gays/Justice: A Study of Ethics, Society, and Law (1988), Gay Ideas: Outing and Other Controversies (1992), A More Perfect Union: Why Straight America Must Stand Up for Gay Rights (1994), and The Long Arc of Justice: Lesbian and Gay Marriage, Equality, and Rights (2005). Gays/Justice and Gay Ideas each received, in the year of publication, the Gustavus Myers Center Outstanding Book Award, given for books on the subject of intolerance.

Our reading is “Gay Basics: Some Questions, Facts, and Values,” an article that Mohr wrote while he was a Visiting Research Scholar at the Center (now Institute) for Philosophy at the University of Maryland in 1985–1986. In this article Mohr describes and rejects stereotypes of lesbian women and gay men and examines the reasons for the persistence of these characterizations. He calls attention to the harassment and violence that gay people suffer and points out how society discriminates against them in such areas as employment, housing, and treatment by the judicial system. He examines and rejects two kinds of arguments commonly given to show that gay sex is immoral: the argument that God condemns it (frequently based on citations from the Bible) and that argument that it is unnatural. Mohr notes that discrimination is especially deplorable when it is based on matters over which the victim has virtually no control, and he argues that sexual orientation falls into this category. If sexual orientation were a matter of personal choice, it would be hard to explain why “gay people abide in being gay even in the face of persecution.” Mohr concludes by rejecting the argument that ending discrimination against gay people would undermine society and even cause its downfall. On the contrary, society would benefit in significant ways if this discrimination ended.

© 1999 Richard D. Mohr.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

357Confi rming Pages

Sara Ruddick ■ Better Sex 339

6. See Eph 5, 25–32. 7. Extramarital intercourse is expressly condemned

in 1 Cor 5, 1; 6, 9; 7, 2; 10, 8; Eph 5, 5–7; 1 Tm 1, 10; Heb 13, 4; there are explicit arguments given in 1 Cor 6, 12–20.

8. Rom 1:24–27: . . . . See also what St. Paul says of sodomy in 1 Cor 6, 9; 1 Tm 1, 10.

9. Pastoral Constitution on the Church in the World of Today, no. 51: AAS 58 (1966) 1072 [ TPS XI, 293].

NOTES

1. Pastoral Constitution on the Church in the World of Today, no. 16: AAS 58 (1966) 1037 [ TPS XI, 268].

2. 1 Tm 3, 15. 3. Declaration on Religious Freedom, no. 14: AAS 58

(1966) 940 [ TPS XI, 93]. 4. Loc. cit.; see also no. 49: AAS 58 (1966) 1069–1070

[ TPS XI, 291–292]. 5. Mt 19, 4–6.

Discussion Questions

1. The Vatican argues that procreation is the only proper end of the sexual act. Does this claim logically follow from the fact that procreation occurs as a result of the sexual act? Support your answer.

2. Does the claim that the primary purpose of marriage is the procreation and raising of children reduce marriage to a means to an end? How might the authors of the “Declaration of Sexual Ethics” respond to this question? Support your answers.

3. Discuss the Vatican’s condemnation of homosexuality. Does calling homosexual- ity a pathological state merely beg the question and avoid the issue? Support your answers.

4. The majority of Americans, including Catholics, believe that priests should be allowed to marry and continue to function as priests. 29 Is requiring celibacy con- trary to natural law or harmful to the social good? Support your answer.

S A R A R U D D I C K

Better Sex

Sara Ruddick is professor emeritus at Eugene Lang College at the New School for Social Research. She is also the author of Maternal Thinking: Towards a Politics of Peace. In this reading, Ruddick distinguishes between incomplete and complete or better sex. Better sex, she argues, is sex that increases the benefi t of the act for the person engag- ing in it. Better sex is also complete and natural.

“Better Sex,” in Philosophy and Sex, revised edition, ed. by Robert Baker and Frederick Elliston (Amherst, N.Y.: Prometheus Books, 1994), 280–299.

bos38448_ch07_324-375.indd 339 13/07/12 8:35 AM

Analyzing Moral Issues, Sixth Edition 221 Gay Basics: Some Questions, Facts, and Values (complete): ReadingAbel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

Gay Basics: Some Questions, Facts, and Values

Richard D. Mohr

Richard D. Mohr was born in Portland, Oregon, in 1950. He attended the University of Chicago and received his bachelor’s degree in 1972. He then enrolled in the graduate program in philosophy at the University of Toronto, where he completed his master’s degree in 1973 and his doctorate in 1977. Mohr accepted a position as Assistant Professor of Philosophy at the University of Illinois at Urbana/Champaign. He was promoted to Associate Professor in 1984 and has been Professor since 1989. He was the founding editor (1989) of the journal Between Men—Between Women: Lesbian and Gay Studies and was its general editor until 1991.

Mohr’s publications include The Platonic Cosmology (1985), Gays/Justice: A Study of Ethics, Society, and Law (1988), Gay Ideas: Outing and Other Controversies (1992), A More Perfect Union: Why Straight America Must Stand Up for Gay Rights (1994), and The Long Arc of Justice: Lesbian and Gay Marriage, Equality, and Rights (2005). Gays/Justice and Gay Ideas each received, in the year of publication, the Gustavus Myers Center Outstanding Book Award, given for books on the subject of intolerance.

Our reading is “Gay Basics: Some Questions, Facts, and Values,” an article that Mohr wrote while he was a Visiting Research Scholar at the Center (now Institute) for Philosophy at the University of Maryland in 1985–1986. In this article Mohr describes and rejects stereotypes of lesbian women and gay men and examines the reasons for the persistence of these characterizations. He calls attention to the harassment and violence that gay people suffer and points out how society discriminates against them in such areas as employment, housing, and treatment by the judicial system. He examines and rejects two kinds of arguments commonly given to show that gay sex is immoral: the argument that God condemns it (frequently based on citations from the Bible) and that argument that it is unnatural. Mohr notes that discrimination is especially deplorable when it is based on matters over which the victim has virtually no control, and he argues that sexual orientation falls into this category. If sexual orientation were a matter of personal choice, it would be hard to explain why “gay people abide in being gay even in the face of persecution.” Mohr concludes by rejecting the argument that ending discrimination against gay people would undermine society and even cause its downfall. On the contrary, society would benefit in significant ways if this discrimination ended.

© 1999 Richard D. Mohr.

258 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics358 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

I. Who Are Gays Anyway?

A recent Gallup poll found that only one in five Americans reports having a gay or lesbian acquaintance.1 This finding is extraordinary given the number of practicing homosexuals in America. Alfred Kinsey’s 1948 study of the sex lives of 5,000 white males shocked the nation: 37 percent had at least one homosexual experience to orgasm in their adult lives; an addi- tional 13 percent had homosexual fantasies to orgasm; 4 percent were exclusively homosexual in their practices; another 5 percent had virtually no heterosexual experience; and nearly one-fifth had at least as many homosexual as heterosexual experiences.2

Two out of five men one passes on the street have had orgasmic sex with men. Every second family in the country has a member who is essen- tially homosexual, and many more people regularly have homosexual experiences. Who are homosexuals? They are your friends, your minister, your teacher, your bank teller, your doctor, your mail carrier, your secre- tary, your congressional representative, your sibling, parent, and spouse. They are everywhere, virtually all ordinary, virtually all unknown.

Several important consequences follow. First, the country is profoundly ignorant of the actual experience of gay people. Second, social attitudes and practices that are harmful to gays have a much greater overall harmful impact on society than is usually realized. Third, most gay people live in hiding—in the closet—making the “coming out” experience the central fixture of gay consciousness and invisibility the chief characteristic of the gay community.

II. Ignorance, Stereotype, and Morality

Ignorance about gays, however, has not stopped people from having strong opinions about them. The void which ignorance leaves has been filled with stereotypes. Society holds chiefly two groups of antigay stereo- types; the two are an oddly contradictory lot. One set of stereotypes revolves around alleged mistakes in an individual’s gender identity: Les- bians are women that want to be, or at least look and act like, men—bull dykes, diesel dykes; while gay men are those who want to be, or at least look and act like, women—queens, fairies, limp-wrists, nellies. These stereotypes of mismatched genders provide the materials through which gays and lesbians become the butts of ethnic-like jokes. These stereotypes and jokes, though derisive, basically view gays and lesbians as ridiculous.

Another set of stereotypes revolves around gays as a pervasive sinister conspiratorial threat. The core stereotype here is the gay person as child molester, and more generally, as sex-crazed maniac. These stereotypes carry with them fears of the very destruction of family and civilization itself. Now, that which is essentially ridiculous can hardly have such a stag- gering effect. Something must be afoot in this incoherent amalgam.

Gay Basics: Some Questions, Facts, and Values (complete): Reading 259 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

Sense can be made of this incoherence if the nature of stereotypes is clarified. Stereotypes are not simply false generalizations from a skewed sample of cases examined. Admittedly, false generalizing plays some part in the stereotypes a society holds. If, for instance, one takes as one’s sam- ple homosexuals who are in psychiatric hospitals or prisons, as was done in nearly all early investigations, not surprisingly one will probably find homosexuals to be of a crazed and criminal cast. Such false generaliza- tions, though, simply confirm beliefs already held on independent grounds, ones that likely led the investigator to the prison and psychiatric ward to begin with. Evelyn Hooker, who in the late 1950s carried out the first rig- orous studies to use nonclinical gays, found that psychiatrists, when pre- sented with case files including all the standard diagnostic psychological profiles—but omitting indications of sexual orientation—were unable to distinguish gay files from straight ones, even though they believed gays to be crazy and supposed themselves to be experts in detecting craziness.3

These studies proved a profound embarrassment to the psychiatric estab- lishment, the financial well-being of which has been substantially enhanced by “curing” allegedly insane gays. The studies led the way to the American Psychiatric Association finally dropping homosexuality from its registry of mental illnesses in 1973. Nevertheless, the stereotype of gays as sick con- tinues apace in the mind of America.

False generalizations help maintain stereotypes; they do not form them. As the history of Hooker’s discoveries shows, stereotypes have a life beyond facts: Their origin lies in a culture’s ideology—the general system of beliefs by which it lives—and they are sustained across generations by diverse cultural transmissions, hardly any of which, including slang and jokes, even purport to have a scientific basis. Stereotypes, then, are not the products of bad science but are social constructions that perform central functions in maintaining society’s conception of itself.

On this understanding, it is easy to see that the antigay stereotypes sur- rounding gender identification are chiefly means of reinforcing still pow- erful gender roles in society. If, as this stereotype presumes and condemns, one is free to choose one’s social roles independently of gender, many guiding social divisions, both domestic and commercial, might be threat- ened. The socially gender-linked distinctions between breadwinner and homemaker, boss and secretary, doctor and nurse, protector and pro- tected, would blur. The accusations “fag” and “dyke” exist in significant part to keep women in their place and to prevent men from breaking ranks and ceding away theirs.

The stereotypes of gays as child molesters, sex-crazed maniacs, and civ- ilization destroyers function to displace (socially irresolvable) problems from their actual source to a foreign (and so, it is thought, manageable) one. Thus, the stereotype of child molester functions to give the family unit a false sheen of absolute innocence. It keeps the unit from being

260 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

359Gay Basics: Some Questions, Facts, and Values (complete): ReadingAbel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

I. Who Are Gays Anyway?

A recent Gallup poll found that only one in five Americans reports having a gay or lesbian acquaintance.1 This finding is extraordinary given the number of practicing homosexuals in America. Alfred Kinsey’s 1948 study of the sex lives of 5,000 white males shocked the nation: 37 percent had at least one homosexual experience to orgasm in their adult lives; an addi- tional 13 percent had homosexual fantasies to orgasm; 4 percent were exclusively homosexual in their practices; another 5 percent had virtually no heterosexual experience; and nearly one-fifth had at least as many homosexual as heterosexual experiences.2

Two out of five men one passes on the street have had orgasmic sex with men. Every second family in the country has a member who is essen- tially homosexual, and many more people regularly have homosexual experiences. Who are homosexuals? They are your friends, your minister, your teacher, your bank teller, your doctor, your mail carrier, your secre- tary, your congressional representative, your sibling, parent, and spouse. They are everywhere, virtually all ordinary, virtually all unknown.

Several important consequences follow. First, the country is profoundly ignorant of the actual experience of gay people. Second, social attitudes and practices that are harmful to gays have a much greater overall harmful impact on society than is usually realized. Third, most gay people live in hiding—in the closet—making the “coming out” experience the central fixture of gay consciousness and invisibility the chief characteristic of the gay community.

II. Ignorance, Stereotype, and Morality

Ignorance about gays, however, has not stopped people from having strong opinions about them. The void which ignorance leaves has been filled with stereotypes. Society holds chiefly two groups of antigay stereo- types; the two are an oddly contradictory lot. One set of stereotypes revolves around alleged mistakes in an individual’s gender identity: Les- bians are women that want to be, or at least look and act like, men—bull dykes, diesel dykes; while gay men are those who want to be, or at least look and act like, women—queens, fairies, limp-wrists, nellies. These stereotypes of mismatched genders provide the materials through which gays and lesbians become the butts of ethnic-like jokes. These stereotypes and jokes, though derisive, basically view gays and lesbians as ridiculous.

Another set of stereotypes revolves around gays as a pervasive sinister conspiratorial threat. The core stereotype here is the gay person as child molester, and more generally, as sex-crazed maniac. These stereotypes carry with them fears of the very destruction of family and civilization itself. Now, that which is essentially ridiculous can hardly have such a stag- gering effect. Something must be afoot in this incoherent amalgam.

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Sense can be made of this incoherence if the nature of stereotypes is clarified. Stereotypes are not simply false generalizations from a skewed sample of cases examined. Admittedly, false generalizing plays some part in the stereotypes a society holds. If, for instance, one takes as one’s sam- ple homosexuals who are in psychiatric hospitals or prisons, as was done in nearly all early investigations, not surprisingly one will probably find homosexuals to be of a crazed and criminal cast. Such false generaliza- tions, though, simply confirm beliefs already held on independent grounds, ones that likely led the investigator to the prison and psychiatric ward to begin with. Evelyn Hooker, who in the late 1950s carried out the first rig- orous studies to use nonclinical gays, found that psychiatrists, when pre- sented with case files including all the standard diagnostic psychological profiles—but omitting indications of sexual orientation—were unable to distinguish gay files from straight ones, even though they believed gays to be crazy and supposed themselves to be experts in detecting craziness.3

These studies proved a profound embarrassment to the psychiatric estab- lishment, the financial well-being of which has been substantially enhanced by “curing” allegedly insane gays. The studies led the way to the American Psychiatric Association finally dropping homosexuality from its registry of mental illnesses in 1973. Nevertheless, the stereotype of gays as sick con- tinues apace in the mind of America.

False generalizations help maintain stereotypes; they do not form them. As the history of Hooker’s discoveries shows, stereotypes have a life beyond facts: Their origin lies in a culture’s ideology—the general system of beliefs by which it lives—and they are sustained across generations by diverse cultural transmissions, hardly any of which, including slang and jokes, even purport to have a scientific basis. Stereotypes, then, are not the products of bad science but are social constructions that perform central functions in maintaining society’s conception of itself.

On this understanding, it is easy to see that the antigay stereotypes sur- rounding gender identification are chiefly means of reinforcing still pow- erful gender roles in society. If, as this stereotype presumes and condemns, one is free to choose one’s social roles independently of gender, many guiding social divisions, both domestic and commercial, might be threat- ened. The socially gender-linked distinctions between breadwinner and homemaker, boss and secretary, doctor and nurse, protector and pro- tected, would blur. The accusations “fag” and “dyke” exist in significant part to keep women in their place and to prevent men from breaking ranks and ceding away theirs.

The stereotypes of gays as child molesters, sex-crazed maniacs, and civ- ilization destroyers function to displace (socially irresolvable) problems from their actual source to a foreign (and so, it is thought, manageable) one. Thus, the stereotype of child molester functions to give the family unit a false sheen of absolute innocence. It keeps the unit from being

260 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics360 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

examined too closely for incest, child abuse, wife battering, and the terror- ism of constant threats. The stereotype teaches that the problems of the family are not internal to it, but external.

One can see these cultural forces at work in society’s and the media’s treatment of current reports of violence, especially domestic violence. When a mother kills her child or a father rapes his daughter—regular Sec- tion B fare even in major urban papers—this is never taken by reporters, columnists, or pundits as evidence that there is something wrong with het- erosexuality or with traditional families. These issues are not even raised. But when a homosexual child molestation is reported, it is taken as con- firming evidence of the way homosexuals are. One never hears of hetero- sexual murders, but one regularly hears of “homosexual” ones. Compare the social treatment of Richard Speck’s sexually motivated mass murder of Chicago nurses with that of John Wayne Gacy’s murders of Chicago youths. Gacy was in the culture’s mind taken as symbolic of gay men in general. To prevent the possibility that The Family was viewed as anything but an innocent victim in this affair, the mainstream press knowingly failed to mention that most of Gacy’s adolescent victims were homeless hustlers. That knowledge would be too much for the six o’clock news and for cherished beliefs.

Because “the facts” largely don’t matter when it comes to the genera- tion and maintenance of stereotypes, the effects of scientific and academic research and of enlightenment generally will be, at best, slight and grad- ual in the changing fortunes of lesbians and gay men. If this account of stereotypes holds, society has been profoundly immoral. For its treatment of gays is a grand scale rationalization, a moral sleight-of-hand. The prob- lem is not that society’s usual standards of evidence and procedure in coming to judgments of social policy have been misapplied to gays; rather, when it comes to gays, the standards themselves have simply been ruled out of court and disregarded in favor of mechanisms that encourage unex- amined fear and hatred.

III. Are Gays Discriminated Against? Does It Matter?

Partly because lots of people suppose they don’t know any gay people and partly through willful ignorance of its own workings, society at large is unaware of the many ways in which gays are subject to discrimination in consequence of widespread fear and hatred. Contributing to this social ignorance of discrimination is the difficulty for gay people, as an invisible minority, even to complain of discrimination. For if one is gay, to register a complaint would suddenly target one as a stigmatized person, and so in the absence of any protections against discrimination, would simply invite additional discrimination. Further, many people, especially those who are persistently downtrodden and thus lack a firm sense of self to begin with, tend either to blame themselves for their troubles or to view injustice as a

Gay Basics: Some Questions, Facts, and Values (complete): Reading 261 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

matter of bad luck rather than as indicating something wrong with society. The latter recognition would require doing something to rectify wrong, and most people, especially the already beleaguered, simply aren’t up to that. So for a number of reasons discrimination against gays, like rape, goes seriously unreported.

First, gays are subject to violence and harassment based simply on their perceived status rather than because of any actions they have per- formed. A recent extensive study by the National Gay Task Force found that over 90 percent of gays and lesbians had been victimized in some form on the basis of their sexual orientation.4 Greater than one in five gay men and nearly one in ten lesbians had been punched, hit, or kicked; a quarter of all gays had had objects thrown at them; a third had been chased; a third had been sexually harassed; and 14 percent had been spit on—all just for being perceived as gay.

The most extreme form of antigay violence is “queerbashing”—where groups of young men target a person who they suppose is a gay man and beat and kick him unconscious and sometimes to death amid a torrent of taunts and slurs. Such seemingly random but in reality socially encouraged violence has the same social origin and function as lynchings of blacks—to keep a whole stigmatized group in line. As with lynchings of the recent past, the police and courts have routinely averted their eyes, giving their implicit approval to the practice.

Few such cases with gay victims reach the courts. Those that do are marked by inequitable procedures and results. Frequently judges will describe “queerbashers” as “just all-American boys.” Recently a District of Columbia judge handed suspended sentences to “queerbashers” whose vic- tim had been stalked, beaten, stripped at knife-point, slashed, kicked, threatened with castration, and pissed on, because the judge thought the bashers were good boys at heart—after all, they went to a religious prep school.5

Police and juries will simply discount testimony from gays; they typi- cally construe assaults on and murders of gays as “justified” self-defense— the killer need only claim his act was a panicked response to a sexual overture. Alternatively, when guilt seems patent, juries will accept highly implausible “diminished capacity” defenses, as in the case of Dan White’s 1978 assassination of openly gay San Francisco city councilman Harvey Milk—Hostess Twinkies made him do it.6

These inequitable procedures and results collectively show that the life and liberty of gays, like those of blacks, simply count for less than the life and liberty of members of the dominant culture.

The equitable rule of law is the heart of an orderly society. The col- lapse of the rule of law for gays shows that society is willing to perpetrate the worst possible injustices against them. Conceptually there is only a dif- ference in degree between the collapse of the rule of law and systematic

262 An Examined Life Critical Thinking and Ethics

14_bos5511X_Ch12_p349-383.indd 360 7/24/14 9:59 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Gay Basics: Some Questions, Facts, and Values (complete): Reading 361Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

examined too closely for incest, child abuse, wife battering, and the terror- ism of constant threats. The stereotype teaches that the problems of the family are not internal to it, but external.

One can see these cultural forces at work in society’s and the media’s treatment of current reports of violence, especially domestic violence. When a mother kills her child or a father rapes his daughter—regular Sec- tion B fare even in major urban papers—this is never taken by reporters, columnists, or pundits as evidence that there is something wrong with het- erosexuality or with traditional families. These issues are not even raised. But when a homosexual child molestation is reported, it is taken as con- firming evidence of the way homosexuals are. One never hears of hetero- sexual murders, but one regularly hears of “homosexual” ones. Compare the social treatment of Richard Speck’s sexually motivated mass murder of Chicago nurses with that of John Wayne Gacy’s murders of Chicago youths. Gacy was in the culture’s mind taken as symbolic of gay men in general. To prevent the possibility that The Family was viewed as anything but an innocent victim in this affair, the mainstream press knowingly failed to mention that most of Gacy’s adolescent victims were homeless hustlers. That knowledge would be too much for the six o’clock news and for cherished beliefs.

Because “the facts” largely don’t matter when it comes to the genera- tion and maintenance of stereotypes, the effects of scientific and academic research and of enlightenment generally will be, at best, slight and grad- ual in the changing fortunes of lesbians and gay men. If this account of stereotypes holds, society has been profoundly immoral. For its treatment of gays is a grand scale rationalization, a moral sleight-of-hand. The prob- lem is not that society’s usual standards of evidence and procedure in coming to judgments of social policy have been misapplied to gays; rather, when it comes to gays, the standards themselves have simply been ruled out of court and disregarded in favor of mechanisms that encourage unex- amined fear and hatred.

III. Are Gays Discriminated Against? Does It Matter?

Partly because lots of people suppose they don’t know any gay people and partly through willful ignorance of its own workings, society at large is unaware of the many ways in which gays are subject to discrimination in consequence of widespread fear and hatred. Contributing to this social ignorance of discrimination is the difficulty for gay people, as an invisible minority, even to complain of discrimination. For if one is gay, to register a complaint would suddenly target one as a stigmatized person, and so in the absence of any protections against discrimination, would simply invite additional discrimination. Further, many people, especially those who are persistently downtrodden and thus lack a firm sense of self to begin with, tend either to blame themselves for their troubles or to view injustice as a

Gay Basics: Some Questions, Facts, and Values (complete): Reading 261 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

matter of bad luck rather than as indicating something wrong with society. The latter recognition would require doing something to rectify wrong, and most people, especially the already beleaguered, simply aren’t up to that. So for a number of reasons discrimination against gays, like rape, goes seriously unreported.

First, gays are subject to violence and harassment based simply on their perceived status rather than because of any actions they have per- formed. A recent extensive study by the National Gay Task Force found that over 90 percent of gays and lesbians had been victimized in some form on the basis of their sexual orientation.4 Greater than one in five gay men and nearly one in ten lesbians had been punched, hit, or kicked; a quarter of all gays had had objects thrown at them; a third had been chased; a third had been sexually harassed; and 14 percent had been spit on—all just for being perceived as gay.

The most extreme form of antigay violence is “queerbashing”—where groups of young men target a person who they suppose is a gay man and beat and kick him unconscious and sometimes to death amid a torrent of taunts and slurs. Such seemingly random but in reality socially encouraged violence has the same social origin and function as lynchings of blacks—to keep a whole stigmatized group in line. As with lynchings of the recent past, the police and courts have routinely averted their eyes, giving their implicit approval to the practice.

Few such cases with gay victims reach the courts. Those that do are marked by inequitable procedures and results. Frequently judges will describe “queerbashers” as “just all-American boys.” Recently a District of Columbia judge handed suspended sentences to “queerbashers” whose vic- tim had been stalked, beaten, stripped at knife-point, slashed, kicked, threatened with castration, and pissed on, because the judge thought the bashers were good boys at heart—after all, they went to a religious prep school.5

Police and juries will simply discount testimony from gays; they typi- cally construe assaults on and murders of gays as “justified” self-defense— the killer need only claim his act was a panicked response to a sexual overture. Alternatively, when guilt seems patent, juries will accept highly implausible “diminished capacity” defenses, as in the case of Dan White’s 1978 assassination of openly gay San Francisco city councilman Harvey Milk—Hostess Twinkies made him do it.6

These inequitable procedures and results collectively show that the life and liberty of gays, like those of blacks, simply count for less than the life and liberty of members of the dominant culture.

The equitable rule of law is the heart of an orderly society. The col- lapse of the rule of law for gays shows that society is willing to perpetrate the worst possible injustices against them. Conceptually there is only a dif- ference in degree between the collapse of the rule of law and systematic

262 An Examined Life Critical Thinking and Ethics

14_bos5511X_Ch12_p349-383.indd 361 7/24/14 9:59 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics362 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

extermination of members of a population simply for having some group status independently of any act an individual has performed. In the Nazi concentration camps, gays were forced to wear pink triangles as identify- ing badges, just as Jews were forced to wear yellow stars. In remembrance of that collapse of the rule of law, the pink triangle has become the chief symbol of the gay rights movement.

Gays are subject to widespread discrimination in employment—the very means by which one puts bread on one’s table and one of the chief means by which individuals identify themselves to themselves and achieve personal dignity. Governments are leading offenders here. They do a lot of discriminating themselves, require that others do it (for example, gov- ernment contractors), and set precedents favoring discrimination in the private sector. The federal government explicitly discriminates against gays in the armed forces, the CIA, FBI, National Security Agency, and the State Department. The federal government refuses to give security clearances to gays and so forces the country’s considerable private-sector military and aerospace contractors to fire known gay employees. State and local govern- ments regularly fire gay teachers, policemen, firemen, social workers, and anyone who has contact with the public. Further, states through licensing laws officially bar gays from a vast array of occupations and professions— everything from doctors, lawyers, accountants, and nurses to hairdressers, morticians, and used car dealers. The American Civil Liberties Union’s handbook The Rights of Gay People lists 307 such prohibited occupations.7

Gays are subject to discrimination in a wide variety of other ways, including private-sector employment, public accommodations, housing, immigration and naturalization, insurance of all types, custody and adop- tion, and zoning regulations that bar “singles” or “nonrelated” couples. All of these discriminations affect central components of a meaningful life; some even reach to the means by which life itself is sustained. In half the states, where gay sex is illegal, the central role of sex to a meaningful life is officially denied to gays.

All these sorts of discriminations also affect the ability of people to have significant intimate relations. It is difficult for people to live together as couples without having their sexual orientation perceived in the public realm and so becoming targets for discrimination. Illegality, discrimination, and the absorption by gays of society’s hatred of them all interact to impede or block altogether the ability of gays and lesbians to create and maintain sig- nificant personal relations with loved ones. So every facet of life is affected by discrimination. Only the most compelling reasons could justify it.

IV. But Aren’t They Immoral?

Many people think society’s treatment of gays is justified because they think gays are extremely immoral. To evaluate this claim, different senses of “moral” must be distinguished. Sometimes by “morality” is meant the

Gay Basics: Some Questions, Facts, and Values (complete): Reading 263 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

overall beliefs affecting behavior in a society—its mores, norms, and cus- toms. On this understanding, gays certainly are not moral: Lots of people hate them and social customs are designed to register widespread disap- proval of gays. The problem here is that this sense of morality is merely a descriptive one. On this understanding every society has a morality—even Nazi society, which had racism and mob rule as central features of its “morality,” understood in this sense. What is needed in order to use the notion of morality to praise or condemn behavior is a sense of morality that is prescriptive or normative—a sense of morality whereby, for instance, the descriptive morality of the Nazis is found wanting.

As the Nazi example makes clear, that something is descriptively moral is nowhere near enough to make it normatively moral. A lot of people in a society saying something is good, even over eons, does not make it so. Our rejection of the long history of socially approved and state-enforced slavery is another good example of this principle at work. Slavery would be wrong even if nearly everyone liked it. So consistency and fairness require that we abandon the belief that gays are immoral simply because most people dis- like or disapprove of gays or gay acts, or even because gay sex acts are illegal.

Furthermore, recent historical and anthropological research has shown that opinion about gays has been by no means universally negative. Histor- ically, it has varied widely even within the larger part of the Christian era and even within the church itself.8 There are even societies—current ones—where homosexuality is not only tolerated but a universal compul- sory part of social maturation.9 Within the last thirty years, American soci- ety has undergone a grand turnabout from deeply ingrained, near total condemnation to near total acceptance on two emotionally charged “moral” or “family” issues: contraception and divorce. Society holds its cur- rent descriptive morality of gays not because it has to, but because it chooses to.

If popular opinion and custom are not enough to ground moral con- demnation of homosexuality, perhaps religion can. Such argument pro- ceeds along two lines. One claims that the condemnation is a direct revelation of God, usually through the Bible; the other claims to be able to detect condemnation in God’s plan as manifested in nature.

One of the more remarkable discoveries of recent gay research is that the Bible may not be as unequivocal in its condemnation of homosexuality as has been usually believed.10 Christ never mentions homosexuality. Recent interpreters of the Old Testament have pointed out that the story of Lot at Sodom is probably intended to condemn inhospitality rather than homosexuality. Further, some of the Old Testament condemnations of homosexuality seem simply to be ways of tarring those of the Israelites’ opponents who happen to accept homosexual practices when the Israelites themselves did not. If so, the condemnation is merely a quirk of history and rhetoric rather than a moral precept.

264 An Examined Life Critical Thinking and Ethics

14_bos5511X_Ch12_p349-383.indd 362 7/24/14 9:59 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Gay Basics: Some Questions, Facts, and Values (complete): Reading 363Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

extermination of members of a population simply for having some group status independently of any act an individual has performed. In the Nazi concentration camps, gays were forced to wear pink triangles as identify- ing badges, just as Jews were forced to wear yellow stars. In remembrance of that collapse of the rule of law, the pink triangle has become the chief symbol of the gay rights movement.

Gays are subject to widespread discrimination in employment—the very means by which one puts bread on one’s table and one of the chief means by which individuals identify themselves to themselves and achieve personal dignity. Governments are leading offenders here. They do a lot of discriminating themselves, require that others do it (for example, gov- ernment contractors), and set precedents favoring discrimination in the private sector. The federal government explicitly discriminates against gays in the armed forces, the CIA, FBI, National Security Agency, and the State Department. The federal government refuses to give security clearances to gays and so forces the country’s considerable private-sector military and aerospace contractors to fire known gay employees. State and local govern- ments regularly fire gay teachers, policemen, firemen, social workers, and anyone who has contact with the public. Further, states through licensing laws officially bar gays from a vast array of occupations and professions— everything from doctors, lawyers, accountants, and nurses to hairdressers, morticians, and used car dealers. The American Civil Liberties Union’s handbook The Rights of Gay People lists 307 such prohibited occupations.7

Gays are subject to discrimination in a wide variety of other ways, including private-sector employment, public accommodations, housing, immigration and naturalization, insurance of all types, custody and adop- tion, and zoning regulations that bar “singles” or “nonrelated” couples. All of these discriminations affect central components of a meaningful life; some even reach to the means by which life itself is sustained. In half the states, where gay sex is illegal, the central role of sex to a meaningful life is officially denied to gays.

All these sorts of discriminations also affect the ability of people to have significant intimate relations. It is difficult for people to live together as couples without having their sexual orientation perceived in the public realm and so becoming targets for discrimination. Illegality, discrimination, and the absorption by gays of society’s hatred of them all interact to impede or block altogether the ability of gays and lesbians to create and maintain sig- nificant personal relations with loved ones. So every facet of life is affected by discrimination. Only the most compelling reasons could justify it.

IV. But Aren’t They Immoral?

Many people think society’s treatment of gays is justified because they think gays are extremely immoral. To evaluate this claim, different senses of “moral” must be distinguished. Sometimes by “morality” is meant the

Gay Basics: Some Questions, Facts, and Values (complete): Reading 263 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

overall beliefs affecting behavior in a society—its mores, norms, and cus- toms. On this understanding, gays certainly are not moral: Lots of people hate them and social customs are designed to register widespread disap- proval of gays. The problem here is that this sense of morality is merely a descriptive one. On this understanding every society has a morality—even Nazi society, which had racism and mob rule as central features of its “morality,” understood in this sense. What is needed in order to use the notion of morality to praise or condemn behavior is a sense of morality that is prescriptive or normative—a sense of morality whereby, for instance, the descriptive morality of the Nazis is found wanting.

As the Nazi example makes clear, that something is descriptively moral is nowhere near enough to make it normatively moral. A lot of people in a society saying something is good, even over eons, does not make it so. Our rejection of the long history of socially approved and state-enforced slavery is another good example of this principle at work. Slavery would be wrong even if nearly everyone liked it. So consistency and fairness require that we abandon the belief that gays are immoral simply because most people dis- like or disapprove of gays or gay acts, or even because gay sex acts are illegal.

Furthermore, recent historical and anthropological research has shown that opinion about gays has been by no means universally negative. Histor- ically, it has varied widely even within the larger part of the Christian era and even within the church itself.8 There are even societies—current ones—where homosexuality is not only tolerated but a universal compul- sory part of social maturation.9 Within the last thirty years, American soci- ety has undergone a grand turnabout from deeply ingrained, near total condemnation to near total acceptance on two emotionally charged “moral” or “family” issues: contraception and divorce. Society holds its cur- rent descriptive morality of gays not because it has to, but because it chooses to.

If popular opinion and custom are not enough to ground moral con- demnation of homosexuality, perhaps religion can. Such argument pro- ceeds along two lines. One claims that the condemnation is a direct revelation of God, usually through the Bible; the other claims to be able to detect condemnation in God’s plan as manifested in nature.

One of the more remarkable discoveries of recent gay research is that the Bible may not be as unequivocal in its condemnation of homosexuality as has been usually believed.10 Christ never mentions homosexuality. Recent interpreters of the Old Testament have pointed out that the story of Lot at Sodom is probably intended to condemn inhospitality rather than homosexuality. Further, some of the Old Testament condemnations of homosexuality seem simply to be ways of tarring those of the Israelites’ opponents who happen to accept homosexual practices when the Israelites themselves did not. If so, the condemnation is merely a quirk of history and rhetoric rather than a moral precept.

264 An Examined Life Critical Thinking and Ethics

14_bos5511X_Ch12_p349-383.indd 363 7/24/14 9:59 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics364 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

What does seem clear is that those who regularly cite the Bible to con- demn an activity like homosexuality do so by reading it selectively. Do ministers who cite what they take to be condemnations of homosexuality in Leviticus maintain in their lives all the hygienic and dietary laws of Leviticus? If they cite the story of Lot at Sodom to condemn homosexual- ity, do they also cite the story of Lot in the cave to praise incestuous rape? It seems then not that the Bible is being used to ground condemnations of homosexuality as much as society’s dislike of homosexuality is being used to interpret the Bible.

Even if a consistent portrait of condemnation could be gleaned from the Bible, what social significance should it be given? One of the guiding principles of society, enshrined in the Constitution as a check against the government, is that decisions affecting social policy are not made on reli- gious grounds. If the real ground of the alleged immorality invoked by governments to discriminate against gays is religious (as it has explicitly been even in some recent court cases involving teachers and guardians), then one of the major commitments of our nation is violated.

V. But Aren’t They Unnatural?

The most noteworthy feature of the accusation of something being unnat- ural (where a moral rather than an advertising point is being made) is that the plaint is so infrequently made. One used to hear the charge lev- eled against abortion, but that has pretty much faded as antiabortionists have come to lay all their chips on the hope that people will come to view abortion as murder. Incest used to be considered unnatural but discourse now usually assimilates it to the moral machinery of rape and violated trust. The charge comes up now in ordinary discourse only against homo- sexuality. This suggests that the charge is highly idiosyncratic and has lit- tle, if any, explanatory force. It fails to put homosexuality in a class with anything else so that one can learn by comparison with clear cases of the class just exactly what it is that is allegedly wrong with it.

Though the accusation of unnaturalness looks whimsical, in actual ordinary discourse when applied to homosexuality, it is usually delivered with venom of forethought. It carries a high emotional charge, usually expressing disgust and evincing queasiness. Probably it is nothing but an emotional charge. For people get equally disgusted and queasy at all sorts of things that are perfectly natural—to be expected in nature apart from artifice—and that could hardly be fit subjects for moral condemnation. Two typical examples in current American culture are some people’s responses to mothers’ suckling in public and to women who do not shave body hair. When people have strong emotional reactions, as they do in these cases, without being able to give good reasons for them, we think of them not as operating morally, but rather as being obsessed and manic. So the feelings of disgust that some people have to gays will hardly ground a

Gay Basics: Some Questions, Facts, and Values (complete): Reading 265 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

charge of immorality. People fling the term “unnatural” against gays in the same breath and with the same force as when they call gays “sick” and “gross.” When they do this, they give every appearance of being neuroti- cally fearful and incapable of reasoned discourse.

When “nature” is taken in technical rather than ordinary usage, it looks like the notion also will not ground a charge of homosexual immorality. When unnatural means “by artifice” or “made by humans,” it need only be pointed out that virtually everything that is good about life is unnatural in this sense, that the chief feature that distinguishes people from other ani- mals is their very ability to make over the world to meet their needs and desires, and that their well-being depends upon these departures from nature. On this understanding of human nature and the natural, homo- sexuality is perfectly unobjectionable.

Another technical sense of natural is that something is natural, and so, good, if it fulfills some function in nature. Homosexuality on this view is unnatural because it allegedly violates the function of genitals, which is to produce babies. One problem with this view is that lots of bodily parts have lots of functions and just because some one activity can be fulfilled by only one organ (say, the mouth for eating) this activity does not condemn other functions of the organ to immorality (say, the mouth for talking, licking stamps, blowing bubbles, or having sex). So the possible use of the genitals to produce children does not, without more [argumentation], condemn the use of the genitals for other purposes, say, achieving ecstasy and intimacy.

The functional view of nature will only provide a morally condemna- tory sense to the unnatural if a thing which might have many uses has but one proper function to the exclusion of other possible functions. But whether this is so cannot be established simply by looking at the thing. For what is seen is all its possible functions. The notion of function seemed like it might ground moral authority, but instead it turns out that moral authority is needed to define proper function. Some people try to fill in this moral authority by appeal to the “design” or “order” of an organ, say- ing, for instance, that the genitals are designed for the purpose of procre- ation. But these people cheat intellectually if they do not make explicit who the designer and orderer is. If it is God, we are back to square one— holding others accountable for religious beliefs.

Further, ordinary moral attitudes about childrearing will not provide the needed supplement, which, in conjunction with the natural function view of bodily parts, would produce a positive obligation to use the geni- tals for procreation. Society’s attitude toward a childless couple is that of pity not censure—even if the couple could have children. The pity may be an unsympathetic one (that is, not registering a course one would choose for oneself ) but this does not make it a course one would require of others. The couple who discovers it cannot have children is viewed not as having

266 An Examined Life Critical Thinking and Ethics

14_bos5511X_Ch12_p349-383.indd 364 7/24/14 9:59 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Gay Basics: Some Questions, Facts, and Values (complete): Reading 365Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

What does seem clear is that those who regularly cite the Bible to con- demn an activity like homosexuality do so by reading it selectively. Do ministers who cite what they take to be condemnations of homosexuality in Leviticus maintain in their lives all the hygienic and dietary laws of Leviticus? If they cite the story of Lot at Sodom to condemn homosexual- ity, do they also cite the story of Lot in the cave to praise incestuous rape? It seems then not that the Bible is being used to ground condemnations of homosexuality as much as society’s dislike of homosexuality is being used to interpret the Bible.

Even if a consistent portrait of condemnation could be gleaned from the Bible, what social significance should it be given? One of the guiding principles of society, enshrined in the Constitution as a check against the government, is that decisions affecting social policy are not made on reli- gious grounds. If the real ground of the alleged immorality invoked by governments to discriminate against gays is religious (as it has explicitly been even in some recent court cases involving teachers and guardians), then one of the major commitments of our nation is violated.

V. But Aren’t They Unnatural?

The most noteworthy feature of the accusation of something being unnat- ural (where a moral rather than an advertising point is being made) is that the plaint is so infrequently made. One used to hear the charge lev- eled against abortion, but that has pretty much faded as antiabortionists have come to lay all their chips on the hope that people will come to view abortion as murder. Incest used to be considered unnatural but discourse now usually assimilates it to the moral machinery of rape and violated trust. The charge comes up now in ordinary discourse only against homo- sexuality. This suggests that the charge is highly idiosyncratic and has lit- tle, if any, explanatory force. It fails to put homosexuality in a class with anything else so that one can learn by comparison with clear cases of the class just exactly what it is that is allegedly wrong with it.

Though the accusation of unnaturalness looks whimsical, in actual ordinary discourse when applied to homosexuality, it is usually delivered with venom of forethought. It carries a high emotional charge, usually expressing disgust and evincing queasiness. Probably it is nothing but an emotional charge. For people get equally disgusted and queasy at all sorts of things that are perfectly natural—to be expected in nature apart from artifice—and that could hardly be fit subjects for moral condemnation. Two typical examples in current American culture are some people’s responses to mothers’ suckling in public and to women who do not shave body hair. When people have strong emotional reactions, as they do in these cases, without being able to give good reasons for them, we think of them not as operating morally, but rather as being obsessed and manic. So the feelings of disgust that some people have to gays will hardly ground a

Gay Basics: Some Questions, Facts, and Values (complete): Reading 265 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

charge of immorality. People fling the term “unnatural” against gays in the same breath and with the same force as when they call gays “sick” and “gross.” When they do this, they give every appearance of being neuroti- cally fearful and incapable of reasoned discourse.

When “nature” is taken in technical rather than ordinary usage, it looks like the notion also will not ground a charge of homosexual immorality. When unnatural means “by artifice” or “made by humans,” it need only be pointed out that virtually everything that is good about life is unnatural in this sense, that the chief feature that distinguishes people from other ani- mals is their very ability to make over the world to meet their needs and desires, and that their well-being depends upon these departures from nature. On this understanding of human nature and the natural, homo- sexuality is perfectly unobjectionable.

Another technical sense of natural is that something is natural, and so, good, if it fulfills some function in nature. Homosexuality on this view is unnatural because it allegedly violates the function of genitals, which is to produce babies. One problem with this view is that lots of bodily parts have lots of functions and just because some one activity can be fulfilled by only one organ (say, the mouth for eating) this activity does not condemn other functions of the organ to immorality (say, the mouth for talking, licking stamps, blowing bubbles, or having sex). So the possible use of the genitals to produce children does not, without more [argumentation], condemn the use of the genitals for other purposes, say, achieving ecstasy and intimacy.

The functional view of nature will only provide a morally condemna- tory sense to the unnatural if a thing which might have many uses has but one proper function to the exclusion of other possible functions. But whether this is so cannot be established simply by looking at the thing. For what is seen is all its possible functions. The notion of function seemed like it might ground moral authority, but instead it turns out that moral authority is needed to define proper function. Some people try to fill in this moral authority by appeal to the “design” or “order” of an organ, say- ing, for instance, that the genitals are designed for the purpose of procre- ation. But these people cheat intellectually if they do not make explicit who the designer and orderer is. If it is God, we are back to square one— holding others accountable for religious beliefs.

Further, ordinary moral attitudes about childrearing will not provide the needed supplement, which, in conjunction with the natural function view of bodily parts, would produce a positive obligation to use the geni- tals for procreation. Society’s attitude toward a childless couple is that of pity not censure—even if the couple could have children. The pity may be an unsympathetic one (that is, not registering a course one would choose for oneself ) but this does not make it a course one would require of others. The couple who discovers it cannot have children is viewed not as having

266 An Examined Life Critical Thinking and Ethics

14_bos5511X_Ch12_p349-383.indd 365 7/24/14 9:59 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics366 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

thereby had a debt canceled, but rather as having to forgo some of the richness of life, just as a quadriplegic is not viewed as absolved from some moral obligation to hop, skip, and jump, but is viewed as missing some of the richness of life. Consistency requires then that, at most, gays who do not or cannot have children are to be pitied rather than condemned. What is immoral is the willful preventing of people from achieving the richness of life. Immorality in this regard lies with those social customs, regulations, and statutes that prevent lesbians and gay men from establish- ing blood or adoptive families, not with gays themselves.

Sometimes people attempt to establish authority for a moral obliga- tion to use bodily parts in a certain fashion simply by claiming that moral laws are natural laws and vice versa. On this account, inanimate objects and plants are good in that they follow natural laws by necessity, animals by instinct, and persons by a rational will. People are special in that they must first discover the laws that govern them. Now, even if one believes the view—dubious in the post-Newtonian, post-Darwinian world11—the natural laws in the usual sense (e = mc2, for instance) have some moral content, it is not at all clear how one is to discover the laws in nature that apply to people.

On the one hand, if one looks to people themselves for a model—and looks hard enough—one finds amazing variety, including homosexuality as a social ideal (upper-class fifth century Athenians) and even as socially mandatory (Melanesia today). When one looks to people, one is simply unable to strip away the layers of social custom, history, and taboo in order to see what’s really there to any degree more specific than that peo- ple are the creatures that make over their world and are capable of abstract thought. That this is so should raise doubts that neutral principles are to be found in human nature that will condemn homosexuality.

On the other hand, if one looks to nature apart from people for mod- els, the possibilities are staggering. There are fish that change gender over their lifetimes: Should we “follow nature” and be operative transsexuals? Orangutans, genetically our next of kin, live completely solitary lives with- out social organization of any kind: Ought we to “follow nature” and be hermits? There are many species where only two members per generation reproduce: Shall we be bees? The search in nature for people’s purpose— far from finding sure models for action—is likely to leave one morally rudderless.

VI. But Aren’t Gays Willfully the Way They Are?

It is generally conceded that if sexual orientation is something over which an individual—for whatever reason—has virtually no control, then discrim- ination against gays is especially deplorable, as it is against racial and eth- nic classes, because it holds people accountable without regard for

Gay Basics: Some Questions, Facts, and Values (complete): Reading 267 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

anything they themselves have done. And to hold a person accountable for that over which the person has no control is a central form of prejudice.

Attempts to answer the question whether or not sexual orientation is something that is reasonably thought to be within one’s own control usu- ally appeal simply to various claims of the biological or “mental” sciences. But the ensuing debate over genes, hormones, twins, early childhood development, and the like is as unnecessary as it is currently inconclusive. All that is needed to answer the question is to look at the actual experi- ence of gays in current society, and it becomes fairly clear that sexual ori- entation is not likely a matter of choice. For coming to have a homosexual identity simply does not have the same sort of structure that decision- making has.

On the one hand, the “choice” of the gender of a sexual partner does not seem to express a trivial desire which might be as easily well fulfilled by a simple substitution of the desired object. Picking the gender of a sex partner is decidedly dissimilar, that is, to such activities as picking a flavor of ice cream. If an ice-cream parlor is out of one’s flavor, one simply picks another. And if people were persecuted, threatened with jail terms, shat- tered careers, loss of family and housing and the like for eating, say, Rocky Road ice cream, no one would ever eat it; everyone would pick another easily available flavor. That gay people abide in being gay even in the face of persecution shows that being gay is not a matter of easy choice.

On the other hand, even if establishing a sexual orientation is not like making a relatively trivial choice, perhaps it is nevertheless relevantly like making the central and serious life choices by which individuals try to establish themselves as being of some type. Again, if one examines gay experience, this seems not to be the case. For one never sees anyone set- ting out to become a homosexual, in the way one does see people setting out to become doctors, lawyers, and bricklayers. One does not find gays-to- be picking some end—“At some point in the future, I want to become a homosexual”—and then setting about planning and acquiring the ways and means to that end, in the way one does see people deciding that they want to become lawyers, and then sees them planning what courses to take and what sort of temperaments, habits, and skills to develop in order to become lawyers. Typically gays-to-be simply find themselves having homo- sexual encounters and yet at least initially resisting quite strongly the iden- tification of being homosexual. Such a person even very likely resists having such encounters but ends up having them anyway. Only with time, luck, and great personal effort, but sometimes never, does the person gradually come to accept her or his orientation, to view it as a given mate- rial condition of life, coming as materials do with certain capacities and limitations. The person begins to act in accordance with his or her orien- tation and its capacities, seeing its actualization as a requisite for an inte- grated personality and as a central component of personal well-being. As a

268 An Examined Life Critical Thinking and Ethics

14_bos5511X_Ch12_p349-383.indd 366 7/24/14 9:59 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Gay Basics: Some Questions, Facts, and Values (complete): Reading 367Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

thereby had a debt canceled, but rather as having to forgo some of the richness of life, just as a quadriplegic is not viewed as absolved from some moral obligation to hop, skip, and jump, but is viewed as missing some of the richness of life. Consistency requires then that, at most, gays who do not or cannot have children are to be pitied rather than condemned. What is immoral is the willful preventing of people from achieving the richness of life. Immorality in this regard lies with those social customs, regulations, and statutes that prevent lesbians and gay men from establish- ing blood or adoptive families, not with gays themselves.

Sometimes people attempt to establish authority for a moral obliga- tion to use bodily parts in a certain fashion simply by claiming that moral laws are natural laws and vice versa. On this account, inanimate objects and plants are good in that they follow natural laws by necessity, animals by instinct, and persons by a rational will. People are special in that they must first discover the laws that govern them. Now, even if one believes the view—dubious in the post-Newtonian, post-Darwinian world11—the natural laws in the usual sense (e = mc2, for instance) have some moral content, it is not at all clear how one is to discover the laws in nature that apply to people.

On the one hand, if one looks to people themselves for a model—and looks hard enough—one finds amazing variety, including homosexuality as a social ideal (upper-class fifth century Athenians) and even as socially mandatory (Melanesia today). When one looks to people, one is simply unable to strip away the layers of social custom, history, and taboo in order to see what’s really there to any degree more specific than that peo- ple are the creatures that make over their world and are capable of abstract thought. That this is so should raise doubts that neutral principles are to be found in human nature that will condemn homosexuality.

On the other hand, if one looks to nature apart from people for mod- els, the possibilities are staggering. There are fish that change gender over their lifetimes: Should we “follow nature” and be operative transsexuals? Orangutans, genetically our next of kin, live completely solitary lives with- out social organization of any kind: Ought we to “follow nature” and be hermits? There are many species where only two members per generation reproduce: Shall we be bees? The search in nature for people’s purpose— far from finding sure models for action—is likely to leave one morally rudderless.

VI. But Aren’t Gays Willfully the Way They Are?

It is generally conceded that if sexual orientation is something over which an individual—for whatever reason—has virtually no control, then discrim- ination against gays is especially deplorable, as it is against racial and eth- nic classes, because it holds people accountable without regard for

Gay Basics: Some Questions, Facts, and Values (complete): Reading 267 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

anything they themselves have done. And to hold a person accountable for that over which the person has no control is a central form of prejudice.

Attempts to answer the question whether or not sexual orientation is something that is reasonably thought to be within one’s own control usu- ally appeal simply to various claims of the biological or “mental” sciences. But the ensuing debate over genes, hormones, twins, early childhood development, and the like is as unnecessary as it is currently inconclusive. All that is needed to answer the question is to look at the actual experi- ence of gays in current society, and it becomes fairly clear that sexual ori- entation is not likely a matter of choice. For coming to have a homosexual identity simply does not have the same sort of structure that decision- making has.

On the one hand, the “choice” of the gender of a sexual partner does not seem to express a trivial desire which might be as easily well fulfilled by a simple substitution of the desired object. Picking the gender of a sex partner is decidedly dissimilar, that is, to such activities as picking a flavor of ice cream. If an ice-cream parlor is out of one’s flavor, one simply picks another. And if people were persecuted, threatened with jail terms, shat- tered careers, loss of family and housing and the like for eating, say, Rocky Road ice cream, no one would ever eat it; everyone would pick another easily available flavor. That gay people abide in being gay even in the face of persecution shows that being gay is not a matter of easy choice.

On the other hand, even if establishing a sexual orientation is not like making a relatively trivial choice, perhaps it is nevertheless relevantly like making the central and serious life choices by which individuals try to establish themselves as being of some type. Again, if one examines gay experience, this seems not to be the case. For one never sees anyone set- ting out to become a homosexual, in the way one does see people setting out to become doctors, lawyers, and bricklayers. One does not find gays-to- be picking some end—“At some point in the future, I want to become a homosexual”—and then setting about planning and acquiring the ways and means to that end, in the way one does see people deciding that they want to become lawyers, and then sees them planning what courses to take and what sort of temperaments, habits, and skills to develop in order to become lawyers. Typically gays-to-be simply find themselves having homo- sexual encounters and yet at least initially resisting quite strongly the iden- tification of being homosexual. Such a person even very likely resists having such encounters but ends up having them anyway. Only with time, luck, and great personal effort, but sometimes never, does the person gradually come to accept her or his orientation, to view it as a given mate- rial condition of life, coming as materials do with certain capacities and limitations. The person begins to act in accordance with his or her orien- tation and its capacities, seeing its actualization as a requisite for an inte- grated personality and as a central component of personal well-being. As a

268 An Examined Life Critical Thinking and Ethics

14_bos5511X_Ch12_p349-383.indd 367 7/24/14 9:59 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics368 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

result, the experience of coming out to oneself has for gays the basic struc- ture of a discovery, not the structure of a choice. And far from signaling immorality, coming out to others affords one of the few remaining oppor- tunities in ever more bureaucratic, mechanistic, and socialistic societies to manifest courage.

VII. How Would Society at Large Be Changed

If Gays Were Socially Accepted?

Suggestions to change social policy with regard to gays are invariably met with claims that to do so would invite the destruction of civilization itself: After all, isn’t that what did Rome in? Actually Rome’s decay paralleled not the flourishing of homosexuality, but its repression under the later Christianized emperors.12 Predictions of American civilization’s imminent demise have been as premature as they have been frequent. Civilization has shown itself rather resilient here, in large part because of the country’s traditional commitments to a respect for privacy, to individual liberties, and especially to people minding their own business. These all give society an open texture and the flexibility to try out things to see what works. And because of this one now need not speculate about what changes reforms in gay social policy might bring to society at large. For many reforms have already been tried.

Half the states have decriminalized homosexual acts. Can you guess which of the following states still have sodomy laws? Wisconsin, Minnesota; New Mexico, Arizona; Vermont, New Hampshire; Nebraska, Kansas. One from each pair does and one does not have sodomy laws. And yet one would be hard pressed to point out any substantial difference between the members of each pair. (If you’re interested: It is the second of each pair with them.) Empirical studies have shown that there is no increase in other crimes in states that have decriminalized [homosexual acts].13 Fur- ther, sodomy laws are virtually never enforced. They remain on the books not to “protect society” but to insult gays and, for that reason, need to be removed.

Neither has the passage of legislation barring discrimination against gays ushered in the end of civilization. Some fifty counties and municipali- ties, including some of the country’s largest cities (like Los Angeles and Boston) have passed such statutes, and Wisconsin and the District of Columbia have model protective codes. Again, no more brimstone has fallen in these places than elsewhere. Staunchly antigay cities, like Miami and Houston, have not been spared the AIDS crisis.

Berkeley, California, has even passed domestic partner legislation giv- ing gay couples the same rights to city benefits as married couples, and yet Berkeley has not become more weird than it already was.

Seemingly hysterical predictions that the American family would col- lapse if such reforms would pass proved false, just as the same dire predic-

Gay Basics: Some Questions, Facts, and Values (complete): Reading 269 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

tions that the availability of divorce would lessen the ideal and desirability of marriage proved completely unfounded. Indeed, if current discrimina- tions, which drive gays into hiding and into anonymous relations, were lifted, far from seeing gays raze American families, one would see gays forming them.

Virtually all gays express a desire to have a permanent lover. Many would like to raise or foster children—perhaps [from among] those alarm- ing numbers of gay kids who have been beaten up and thrown out of their “families” for being gay. But currently society makes gay coupling very dif- ficult. A life of hiding is a pressure-cooker existence not easily shared with another. Members of nongay couples are here asked to imagine what it would take to erase every trace of their own sexual orientation for even just a week.

Even against oppressive odds, gays have shown an amazing tendency to nest. And those gay couples who have survived the odds show that the structure of more usual couplings is not a matter of destiny but of per- sonal responsibility. The so-called basic unit of society turns out not to be a unique immutable atom but can adopt different parts, be adapted to dif- ferent needs, and even be improved. Gays might even have a thing or two to teach others about divisions of labor, the relation of sensuality and inti- macy, and states of development in such relations.

If discrimination ceased, gay men and lesbians would enter the main- stream of the human community openly and with self-respect. The ener- gies that the typical gay person wastes in the anxiety of leading a day-to-day existence of systematic disguise would be released for use in personal flourishing. From this release would be generated the many spin-off bene- fits that accrue to a society when its individual members thrive.

Society would be richer for acknowledging another aspect of human richness and diversity. Families with gay members would develop relations based on truth and trust rather than lies and fear. And the heterosexual majority would be better off for knowing that they are no longer tram- pling their gay friends and neighbors.

Finally and perhaps paradoxically, in extending to gays the rights and benefits it has reserved for its dominant culture, America would confirm its deeply held vision of itself as a morally progressing nation, a nation itself advancing and serving as a beacon for others—especially with regard to human rights. The words with which our national pledge ends—“with liberty and justice for all”—are not a description of the present but a call for the future. Ours is a nation given to a prophetic political rhetoric which acknowledges that morality is not arbitrary and that justice is not merely the expression of the current collective will. It is this vision that led the black civil rights movement to its successes. Those congressmen who opposed that movement and its centerpiece, the 1964 Civil Rights Act, on obscurantist grounds, but who lived long enough and were noble enough,

270 An Examined Life Critical Thinking and Ethics

14_bos5511X_Ch12_p349-383.indd 368 7/24/14 9:59 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Gay Basics: Some Questions, Facts, and Values (complete): Reading 369Abel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

result, the experience of coming out to oneself has for gays the basic struc- ture of a discovery, not the structure of a choice. And far from signaling immorality, coming out to others affords one of the few remaining oppor- tunities in ever more bureaucratic, mechanistic, and socialistic societies to manifest courage.

VII. How Would Society at Large Be Changed

If Gays Were Socially Accepted?

Suggestions to change social policy with regard to gays are invariably met with claims that to do so would invite the destruction of civilization itself: After all, isn’t that what did Rome in? Actually Rome’s decay paralleled not the flourishing of homosexuality, but its repression under the later Christianized emperors.12 Predictions of American civilization’s imminent demise have been as premature as they have been frequent. Civilization has shown itself rather resilient here, in large part because of the country’s traditional commitments to a respect for privacy, to individual liberties, and especially to people minding their own business. These all give society an open texture and the flexibility to try out things to see what works. And because of this one now need not speculate about what changes reforms in gay social policy might bring to society at large. For many reforms have already been tried.

Half the states have decriminalized homosexual acts. Can you guess which of the following states still have sodomy laws? Wisconsin, Minnesota; New Mexico, Arizona; Vermont, New Hampshire; Nebraska, Kansas. One from each pair does and one does not have sodomy laws. And yet one would be hard pressed to point out any substantial difference between the members of each pair. (If you’re interested: It is the second of each pair with them.) Empirical studies have shown that there is no increase in other crimes in states that have decriminalized [homosexual acts].13 Fur- ther, sodomy laws are virtually never enforced. They remain on the books not to “protect society” but to insult gays and, for that reason, need to be removed.

Neither has the passage of legislation barring discrimination against gays ushered in the end of civilization. Some fifty counties and municipali- ties, including some of the country’s largest cities (like Los Angeles and Boston) have passed such statutes, and Wisconsin and the District of Columbia have model protective codes. Again, no more brimstone has fallen in these places than elsewhere. Staunchly antigay cities, like Miami and Houston, have not been spared the AIDS crisis.

Berkeley, California, has even passed domestic partner legislation giv- ing gay couples the same rights to city benefits as married couples, and yet Berkeley has not become more weird than it already was.

Seemingly hysterical predictions that the American family would col- lapse if such reforms would pass proved false, just as the same dire predic-

Gay Basics: Some Questions, Facts, and Values (complete): Reading 269 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

tions that the availability of divorce would lessen the ideal and desirability of marriage proved completely unfounded. Indeed, if current discrimina- tions, which drive gays into hiding and into anonymous relations, were lifted, far from seeing gays raze American families, one would see gays forming them.

Virtually all gays express a desire to have a permanent lover. Many would like to raise or foster children—perhaps [from among] those alarm- ing numbers of gay kids who have been beaten up and thrown out of their “families” for being gay. But currently society makes gay coupling very dif- ficult. A life of hiding is a pressure-cooker existence not easily shared with another. Members of nongay couples are here asked to imagine what it would take to erase every trace of their own sexual orientation for even just a week.

Even against oppressive odds, gays have shown an amazing tendency to nest. And those gay couples who have survived the odds show that the structure of more usual couplings is not a matter of destiny but of per- sonal responsibility. The so-called basic unit of society turns out not to be a unique immutable atom but can adopt different parts, be adapted to dif- ferent needs, and even be improved. Gays might even have a thing or two to teach others about divisions of labor, the relation of sensuality and inti- macy, and states of development in such relations.

If discrimination ceased, gay men and lesbians would enter the main- stream of the human community openly and with self-respect. The ener- gies that the typical gay person wastes in the anxiety of leading a day-to-day existence of systematic disguise would be released for use in personal flourishing. From this release would be generated the many spin-off bene- fits that accrue to a society when its individual members thrive.

Society would be richer for acknowledging another aspect of human richness and diversity. Families with gay members would develop relations based on truth and trust rather than lies and fear. And the heterosexual majority would be better off for knowing that they are no longer tram- pling their gay friends and neighbors.

Finally and perhaps paradoxically, in extending to gays the rights and benefits it has reserved for its dominant culture, America would confirm its deeply held vision of itself as a morally progressing nation, a nation itself advancing and serving as a beacon for others—especially with regard to human rights. The words with which our national pledge ends—“with liberty and justice for all”—are not a description of the present but a call for the future. Ours is a nation given to a prophetic political rhetoric which acknowledges that morality is not arbitrary and that justice is not merely the expression of the current collective will. It is this vision that led the black civil rights movement to its successes. Those congressmen who opposed that movement and its centerpiece, the 1964 Civil Rights Act, on obscurantist grounds, but who lived long enough and were noble enough,

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came in time to express their heartfelt regret and shame at what they had done. It is to be hoped and someday to be expected that those who now grasp at anything to oppose the extension of that which is best about America to gays will one day feel the same.

� N O T E S

1. “Public Fears—and Sympathies,” Newsweek, August 12, 1985, p. 23 [R. D. Mohr]

2. Alfred C. Kinsey, Sexual Behavior in the Human Male (Philadelphia: Saunders, 1948), pp. 650–651. On the somewhat lower incidences of lesbianism, see Alfred C. Kinsey, Sexual Behavior in the Human Female (Philadelphia: Saunders, 1953), pp. 472–475. [R. D. Mohr]

3. Evelyn Hooker, “The Adjustment of the Male Overt Homosexual,” Journal of Projective Techniques 21 (1957), pp. 18–31 [R. D. Mohr]

4. See National Gay Task Force, Antigay/Lesbian Victimization (New York: National Gay Task Force, 1984). [R. D. Mohr]

5. “2 St. John’s Students Given Probation in Assault on Gay,” The Washington Post, May 15, 1984, p. 1 [R. D. Mohr]

6. See Randy Shilts, The Mayor of Castro Street: The Life and Times of Harvey Milk (New York: St. Martin’s, 1982), pp. 308–325. [R. D. Mohr]

7. E. Carrington Boggan, The Rights of Gay People: The Basic ACLU Guide to a Gay Person’s Rights (New York: Avon, 1975), pp. 211–235 [R. D. Mohr]

8. John Boswell, Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century (Chicago: University of Chicago Press, 1980) [R. D. Mohr]

9. See Gilbert Herdt, Guardians of the Flute: Idioms of Masculinity (New York: McGraw-Hill, 1981), pp. 232–239, 284–288; and see generally Ritualized Homosexuality in Melanesia, ed. Gilbert Herdt, (Berkeley: University of California Press, 1984). [R. D. Mohr]

10. See especially Boswell, Christianity, Social Tolerance, and Homosexuality, Chapter 4. [R. D. Mohr]

11. Isaac Newton (1642–1727) was an English mathematician and physicist; Charles Darwin (1809–1882) was an English naturalist. [D. C. Abel, editor]

12. See Boswell, Christianity, Social Tolerance, and Homosexuality, Chapter 3. [R. D. Mohr]

13. See Gilbert Geis, “Reported Consequences of Decriminalization of Consensual Adult Homosexuality in Seven American States,” Journal of Homosexuality 1 (1976): 419–426; Ken Sinclair and Michael Ross, “Consequences of Decriminalization of Homosexuality: A Study of Two Australian States,” Journal of Homosexuality 12 (1985): 119–127. [R. D. Mohr]

Gay Basics: Some Questions, Facts, and Values (complete): Reading 271 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

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Gay Basics: Some Questions, Facts, and Values Richard D. Mohr

Reading Questions

According to Mohr:

1. How does the stereotyping of gay persons help society maintain its conception of itself?

2. Why should religious grounds for condemning homosexuality not be a basis for enacting laws that discriminate against gays?

3. What are the two technical meanings of “unnatural”? Why does neither meaning provide a sound argument for legislation against gays?

4. Why is it improbable that being gay is a matter of choice?

5. In what ways would an end to discrimination against gays benefit society?

Discussion Questions

In your own view:

1. Are religious beliefs a legitimate basis for enacting laws that discriminate against gays?

2. Is it unnatural to use sexual activity for purposes other than procreation? If so, does this apply to certain heterosexual activities as well as to homosexual activity?

3. In what kinds of cases, if any, is an activity immoral because it is unnatural?

4. Can it be legitimate to use sexual activity to express affection and foster personal intimacy, when there is no possibility of procreation? If so, does this apply to both heterosexual and homosexual activity?

5. Should a society allow same-sex marriages?

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371Gay Basics: Some Questions, Facts, and Values (complete): ReadingAbel: Discourses Applied Ethics and Social Ethics: Sexuality

Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

© The McGraw−Hill Companies, 2006

came in time to express their heartfelt regret and shame at what they had done. It is to be hoped and someday to be expected that those who now grasp at anything to oppose the extension of that which is best about America to gays will one day feel the same.

� N O T E S

1. “Public Fears—and Sympathies,” Newsweek, August 12, 1985, p. 23 [R. D. Mohr]

2. Alfred C. Kinsey, Sexual Behavior in the Human Male (Philadelphia: Saunders, 1948), pp. 650–651. On the somewhat lower incidences of lesbianism, see Alfred C. Kinsey, Sexual Behavior in the Human Female (Philadelphia: Saunders, 1953), pp. 472–475. [R. D. Mohr]

3. Evelyn Hooker, “The Adjustment of the Male Overt Homosexual,” Journal of Projective Techniques 21 (1957), pp. 18–31 [R. D. Mohr]

4. See National Gay Task Force, Antigay/Lesbian Victimization (New York: National Gay Task Force, 1984). [R. D. Mohr]

5. “2 St. John’s Students Given Probation in Assault on Gay,” The Washington Post, May 15, 1984, p. 1 [R. D. Mohr]

6. See Randy Shilts, The Mayor of Castro Street: The Life and Times of Harvey Milk (New York: St. Martin’s, 1982), pp. 308–325. [R. D. Mohr]

7. E. Carrington Boggan, The Rights of Gay People: The Basic ACLU Guide to a Gay Person’s Rights (New York: Avon, 1975), pp. 211–235 [R. D. Mohr]

8. John Boswell, Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century (Chicago: University of Chicago Press, 1980) [R. D. Mohr]

9. See Gilbert Herdt, Guardians of the Flute: Idioms of Masculinity (New York: McGraw-Hill, 1981), pp. 232–239, 284–288; and see generally Ritualized Homosexuality in Melanesia, ed. Gilbert Herdt, (Berkeley: University of California Press, 1984). [R. D. Mohr]

10. See especially Boswell, Christianity, Social Tolerance, and Homosexuality, Chapter 4. [R. D. Mohr]

11. Isaac Newton (1642–1727) was an English mathematician and physicist; Charles Darwin (1809–1882) was an English naturalist. [D. C. Abel, editor]

12. See Boswell, Christianity, Social Tolerance, and Homosexuality, Chapter 3. [R. D. Mohr]

13. See Gilbert Geis, “Reported Consequences of Decriminalization of Consensual Adult Homosexuality in Seven American States,” Journal of Homosexuality 1 (1976): 419–426; Ken Sinclair and Michael Ross, “Consequences of Decriminalization of Homosexuality: A Study of Two Australian States,” Journal of Homosexuality 12 (1985): 119–127. [R. D. Mohr]

Gay Basics: Some Questions, Facts, and Values (complete): Reading 271 Abel: Discourses Applied Ethics and Social Ethics: Sexuality Richard D. Mohr, ‘‘Gay Basics: Some Questions, Facts, and Values’’ (complete)

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Gay Basics: Some Questions, Facts, and Values Richard D. Mohr

Reading Questions

According to Mohr:

1. How does the stereotyping of gay persons help society maintain its conception of itself?

2. Why should religious grounds for condemning homosexuality not be a basis for enacting laws that discriminate against gays?

3. What are the two technical meanings of “unnatural”? Why does neither meaning provide a sound argument for legislation against gays?

4. Why is it improbable that being gay is a matter of choice?

5. In what ways would an end to discrimination against gays benefit society?

Discussion Questions

In your own view:

1. Are religious beliefs a legitimate basis for enacting laws that discriminate against gays?

2. Is it unnatural to use sexual activity for purposes other than procreation? If so, does this apply to certain heterosexual activities as well as to homosexual activity?

3. In what kinds of cases, if any, is an activity immoral because it is unnatural?

4. Can it be legitimate to use sexual activity to express affection and foster personal intimacy, when there is no possibility of procreation? If so, does this apply to both heterosexual and homosexual activity?

5. Should a society allow same-sex marriages?

272 An Examined Life Critical Thinking and Ethics

“Even in the era of AIDS, sex raises no unique moral issues at all. Decisions about sex may involve considerations about honesty, concern for others, prudence, and so on, but there is nothing special about sex in this respect, for the same could be said of decisions about driving a car. In fact, the moral issues raised by driving a car, both from an environmental and from a safety point of view, are much more serious than those raised by sex.” Peter Singer

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Abel: Discourses Applied Ethics and Social Ethics: Abortion

Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

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On the Moral and Legal Status of Abortion

Mary Anne Warren

Mary Anne Warren received her doctorate in philosophy from the University of California, Berkeley. She currently teaches philosophy at San Francisco State University, where she specializes in applied ethics and women’s studies. She has pub- lished articles on abortion, sex selection, in vitro fertilization, embryo research, and an- imal rights, and is the author of two books, The Nature of Woman: An Encyclopedia and Guide to the Literature (1980) and Gendercide: The Implications of Sex Selection (1985).

Our reading is from Warren’s 1973 article, “On the Moral and Legal Status of Abortion” and her subsequent “Postscript on Infanticide” (1975). Warren argues that although a fetus is genetically human, it is not morally human—that is, not a “full-fledged member of the human community.” The moral community (those with full moral rights) consists of persons, but fetuses are not persons because they possess none of the traits most central to personhood. Moreover, it is a mistake to base a fetus’s right to life on its resemblance to a person, since even a fully developed fetus is less personlike than a typical mature mammal. Warren contends that although the fact that a fetus is a poten- tial person may give it some right to life, this right would not outweigh a woman’s right to have an abortion, since the mother is an actual person and the rights of actual per- sons always outweigh the rights of potential persons. Warren concludes that the laws re- stricting the period during which an abortion can be performed violate women’s basic moral rights.

In her “Postscript on Infanticide,” Warren responds to critics who say that, since a newborn infant is not significantly more personlike than an advanced fetus, her argu- ment for justifying abortion also justifies infanticide. She replies that although infanti- cide is not murder, it can be morally wrong for other reasons.

We will be concerned with both the moral status of abortion, which for our purposes we may define as the act which a woman performs in voluntarily terminating, or allowing another person to terminate, her pregnancy, and the legal status which is appropriate for this act. I will argue that, while it is not possible to produce a satisfactory defense of a woman’s right to obtain an abortion without showing that a fetus is not a human being, in the morally relevant sense of that term, we ought not to conclude that the diffi- culties involved in determining whether or not a fetus is human make it im- possible to produce any satisfactory solution to the problem of the moral sta- tus of abortion. For it is possible to show that, on the basis of intuitions which we may expect even the opponents of abortion to share, a fetus is not a person, and hence not the sort of entity to which it is proper to ascribe full moral rights.

Of course, while some philosophers would deny the possibility of any such proof, others will deny that there is any need for it, since the moral per-

Mary Anne Warren. From “On the Moral and Legal Status of Abortion.” Copyright © 1973, The Monist, La Salle, Illinois 31301. Reprinted by permission.

Mary Anne Warren. “Postscripts on Infanticide” in Today’s Moral Problems, edited by Richard Wasserstrom, pp. 135–136. Copyright © 1975. Used by permission of Mary Anne Warren.

On the Moral and Legal Status of Abortion (selection): Reading 273 Abel: Discourses Applied Ethics and Social Ethics: Abortion Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

missibility of abortion appears to them to be too obvious to require proof. But the inadequacy of this attitude should be evident from the fact that both the friends and the foes of abortion consider their position to be morally self-evident. Because proabortionists have never adequately come to grips with the conceptual issues surrounding abortion, most, if not all, of the ar- guments which they advance in opposition to laws restricting access to abor- tion fail to refute or even weaken the traditional antiabortion argument— that is, that a fetus is a human being, and therefore abortion is murder.

These arguments are typically of one of two sorts. Either they point to the terrible side effects of the restrictive laws (for example, the deaths due to illegal abortions) and the fact that it is poor women who suffer the most as a result of these laws, or else they state that to deny a woman access to abortion is to deprive her of her right to control her own body. Unfortunately, however, the fact that restricting access to abortion has tragic side effects does not, in itself, show that the restrictions are unjustified, since murder is wrong regardless of the consequences of prohibiting it; and the appeal to the right to control one’s body, which is generally construed as a property right, is at best a rather feeble argument for the permissibility of abortion. Mere ownership does not give me the right to kill innocent peo- ple whom I find on my property, and indeed I am apt to be held responsi- ble if such people injure themselves while on my property. It is equally un- clear that I have any moral right to expel an innocent person from my property when I know that doing so will result in his death.

Furthermore, it is probably inappropriate to describe a woman’s body as her property, since it seems natural to hold that a person is something dis- tinct from her property, but not from her body. Even those who would ob- ject to the identification of a person with his body, or with the conjunction of his body and his mind, must admit that it would be very odd to describe, say, breaking a leg, as damaging one’s property, and much more appropri- ate to describe it as injuring oneself. Thus it is probably a mistake to argue that the right to obtain an abortion is in any way derived from the right to own and regulate property.

But however we wish to construe the right to abortion, we cannot hope to convince those who consider abortion a form of murder of the existence of any such right unless we are able to produce a clear and convincing refu- tation of the traditional antiabortion argument; and this has not, to my knowledge, been done. With respect to the two most vital issues which that argument involves, that is, the humanity of the fetus and its implication for the moral status of abortion, confusion has prevailed on both sides of the dispute. . . .

II

The question which we must answer in order to produce a satisfactory solu- tion to the problem of the moral status of abortion is this: How are we to de- fine the moral community, the set of beings with full and equal moral rights, such that we can decide whether a human fetus is a member of this com-

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373Abel: Discourses Applied Ethics and Social Ethics: Abortion

Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

On the Moral and Legal Status of Abortion

Mary Anne Warren

Mary Anne Warren received her doctorate in philosophy from the University of California, Berkeley. She currently teaches philosophy at San Francisco State University, where she specializes in applied ethics and women’s studies. She has pub- lished articles on abortion, sex selection, in vitro fertilization, embryo research, and an- imal rights, and is the author of two books, The Nature of Woman: An Encyclopedia and Guide to the Literature (1980) and Gendercide: The Implications of Sex Selection (1985).

Our reading is from Warren’s 1973 article, “On the Moral and Legal Status of Abortion” and her subsequent “Postscript on Infanticide” (1975). Warren argues that although a fetus is genetically human, it is not morally human—that is, not a “full-fledged member of the human community.” The moral community (those with full moral rights) consists of persons, but fetuses are not persons because they possess none of the traits most central to personhood. Moreover, it is a mistake to base a fetus’s right to life on its resemblance to a person, since even a fully developed fetus is less personlike than a typical mature mammal. Warren contends that although the fact that a fetus is a poten- tial person may give it some right to life, this right would not outweigh a woman’s right to have an abortion, since the mother is an actual person and the rights of actual per- sons always outweigh the rights of potential persons. Warren concludes that the laws re- stricting the period during which an abortion can be performed violate women’s basic moral rights.

In her “Postscript on Infanticide,” Warren responds to critics who say that, since a newborn infant is not significantly more personlike than an advanced fetus, her argu- ment for justifying abortion also justifies infanticide. She replies that although infanti- cide is not murder, it can be morally wrong for other reasons.

We will be concerned with both the moral status of abortion, which for our purposes we may define as the act which a woman performs in voluntarily terminating, or allowing another person to terminate, her pregnancy, and the legal status which is appropriate for this act. I will argue that, while it is not possible to produce a satisfactory defense of a woman’s right to obtain an abortion without showing that a fetus is not a human being, in the morally relevant sense of that term, we ought not to conclude that the diffi- culties involved in determining whether or not a fetus is human make it im- possible to produce any satisfactory solution to the problem of the moral sta- tus of abortion. For it is possible to show that, on the basis of intuitions which we may expect even the opponents of abortion to share, a fetus is not a person, and hence not the sort of entity to which it is proper to ascribe full moral rights.

Of course, while some philosophers would deny the possibility of any such proof, others will deny that there is any need for it, since the moral per-

Mary Anne Warren. From “On the Moral and Legal Status of Abortion.” Copyright © 1973, The Monist, La Salle, Illinois 31301. Reprinted by permission.

Mary Anne Warren. “Postscripts on Infanticide” in Today’s Moral Problems, edited by Richard Wasserstrom, pp. 135–136. Copyright © 1975. Used by permission of Mary Anne Warren.

On the Moral and Legal Status of Abortion (selection): Reading 273 On the Moral and Legal Status of Abortion (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Abortion Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

missibility of abortion appears to them to be too obvious to require proof. But the inadequacy of this attitude should be evident from the fact that both the friends and the foes of abortion consider their position to be morally self-evident. Because proabortionists have never adequately come to grips with the conceptual issues surrounding abortion, most, if not all, of the ar- guments which they advance in opposition to laws restricting access to abor- tion fail to refute or even weaken the traditional antiabortion argument— that is, that a fetus is a human being, and therefore abortion is murder.

These arguments are typically of one of two sorts. Either they point to the terrible side effects of the restrictive laws (for example, the deaths due to illegal abortions) and the fact that it is poor women who suffer the most as a result of these laws, or else they state that to deny a woman access to abortion is to deprive her of her right to control her own body. Unfortunately, however, the fact that restricting access to abortion has tragic side effects does not, in itself, show that the restrictions are unjustified, since murder is wrong regardless of the consequences of prohibiting it; and the appeal to the right to control one’s body, which is generally construed as a property right, is at best a rather feeble argument for the permissibility of abortion. Mere ownership does not give me the right to kill innocent peo- ple whom I find on my property, and indeed I am apt to be held responsi- ble if such people injure themselves while on my property. It is equally un- clear that I have any moral right to expel an innocent person from my property when I know that doing so will result in his death.

Furthermore, it is probably inappropriate to describe a woman’s body as her property, since it seems natural to hold that a person is something dis- tinct from her property, but not from her body. Even those who would ob- ject to the identification of a person with his body, or with the conjunction of his body and his mind, must admit that it would be very odd to describe, say, breaking a leg, as damaging one’s property, and much more appropri- ate to describe it as injuring oneself. Thus it is probably a mistake to argue that the right to obtain an abortion is in any way derived from the right to own and regulate property.

But however we wish to construe the right to abortion, we cannot hope to convince those who consider abortion a form of murder of the existence of any such right unless we are able to produce a clear and convincing refu- tation of the traditional antiabortion argument; and this has not, to my knowledge, been done. With respect to the two most vital issues which that argument involves, that is, the humanity of the fetus and its implication for the moral status of abortion, confusion has prevailed on both sides of the dispute. . . .

II

The question which we must answer in order to produce a satisfactory solu- tion to the problem of the moral status of abortion is this: How are we to de- fine the moral community, the set of beings with full and equal moral rights, such that we can decide whether a human fetus is a member of this com-

274 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Applied Ethics and Social Ethics: Abortion

Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

munity or not? What sort of entity, exactly, has the inalienable rights to life, liberty, and the pursuit of happiness? Jefferson attributed these rights to all men,1 and it may or may not be fair to suggest that he intended to attribute them only to men. Perhaps he ought to have attributed them to all human beings. If so, then we arrive, first, at Noonan’s problem of defining what makes a being human,2 and, second, at the equally vital question which Noonan does not consider—namely, What reason is there for identifying the moral community with the set of all human beings, in whatever way we have chosen to define that term?

1. On the Definition of “Human” One reason why this vital second ques- tion is so frequently overlooked in the debate over the moral status of abor- tion is that the term “human” has two distinct, but not often distinguished, senses. This fact results in a slide of meaning, which serves to conceal the fal- laciousness of the traditional argument that since (1) it is wrong to kill in- nocent human beings, and (2) fetuses are innocent human beings, then (3) it is wrong to kill fetuses. For if “human” is used in the same sense in both (1) and (2) then, whichever of the two senses is meant, one of these premises is question-begging. And if it is used in two different senses then of course the conclusion doesn’t follow.

Thus, (1) is a self-evident moral truth,3 and avoids begging the question about abortion, only if “human being” is used to mean something like “a full-fledged member of the moral community.” (It may or may not also be meant to refer exclusively to members of the species Homo sapiens.) We may call this the moral sense of “human.” It is not to be confused with what we will call the genetic sense, that is, the sense in which any member of the species is a human being, and no member of any other species could be. If (1) is acceptable only if the moral sense is intended, (2) is non-question-beg- ging only if what is intended is the genetic sense.

In “Deciding Who Is Human,” Noonan argues for the classification of fe- tuses with human beings by pointing to the presence of the full genetic code, and the potential capacity for rational thought.4 It is clear that what he needs to show, for his version of the traditional argument to be valid, is that fetuses are human in the moral sense, the sense in which it is analyti- cally true that all human beings have full moral rights. But, in the absence of any argument showing that whatever is genetically human is also morally human, and he gives none, nothing more than genetic humanity can be demonstrated by the presence of the human genetic code. And, as we will see, the potential capacity for rational thought can at most show that an en- tity has the potential for becoming human in the moral sense.

2. Defining the Moral Community Can it be established that genetic hu- manity is sufficient for moral humanity? I think that there are very good rea- sons for not defining the moral community in this way. I would like to sug- gest an alternative way of defining the moral community, which I will argue

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for only to the extent of explaining why it is, or should be, self-evident. The suggestion is simply that the moral community consists of all and only peo- ple,5 rather than all and only human beings;6 and probably the best way of demonstrating its self-evidence is by considering the concept of person- hood, to see what sorts of entity are and are not persons, and what the deci- sion that a being is or is not a person implies about its moral rights.

What characteristics entitle an entity to be considered a person? This is obviously not the place to attempt a complete analysis of the concept of per- sonhood, but we do not need such a fully adequate analysis just to determine whether and why a fetus is or isn’t a person. All we need is a rough and ap- proximate list of the most basic criteria of personhood, and some idea of which, or how many, of these an entity must satisfy in order to properly be considered a person.

In searching for such criteria, it is useful to look beyond the set of peo- ple with whom we are acquainted, and ask how we would decide whether a totally alien being was a person or not. (For we have no right to assume that genetic humanity is necessary for personhood.) Imagine a space traveler who lands on an unknown planet and encounters a race of beings utterly un- like any he has ever seen or heard of. If he wants to be sure of behaving morally toward these beings, he has to somehow decide whether they are people, and hence have full moral rights, or whether they are the sort of thing which he need not feel guilty about treating as, for example, a source of food.

How should he go about making this decision? If he has some anthro- pological background, he might look for such things as religion, art, and the manufacturing of tools, weapons, or shelters, since these factors have been used to distinguish our human from our prehuman ancestors, in what seems to be closer to the moral than the genetic sense of “human.” And no doubt he would be right to consider the presence of such factors as good evidence that the alien beings were people, and morally human. It would, however, be overly anthropocentric of him to take the absence of these things as ade- quate evidence that they were not, since we can imagine people who have progressed beyond, or evolved without ever developing, these cultural char- acteristics.

I suggest that the traits which are most central to the concept of per- sonhood, or humanity in the moral sense, are, very roughly, the following:

1. consciousness (of objects and events external and/or internal to the be- ing), and in particular the capacity to feel pain;

2. reasoning (the developed capacity to solve new and relatively complex problems);

3. self-motivated activity (activity which is relatively independent of either genetic or direct external control);

4. the capacity to communicate, by whatever means, messages of an indefi- nite variety of types, that is, not just with an indefinite number of possi- ble contents, but on indefinitely many possible topics;

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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375Abel: Discourses Applied Ethics and Social Ethics: Abortion

Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

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munity or not? What sort of entity, exactly, has the inalienable rights to life, liberty, and the pursuit of happiness? Jefferson attributed these rights to all men,1 and it may or may not be fair to suggest that he intended to attribute them only to men. Perhaps he ought to have attributed them to all human beings. If so, then we arrive, first, at Noonan’s problem of defining what makes a being human,2 and, second, at the equally vital question which Noonan does not consider—namely, What reason is there for identifying the moral community with the set of all human beings, in whatever way we have chosen to define that term?

1. On the Definition of “Human” One reason why this vital second ques- tion is so frequently overlooked in the debate over the moral status of abor- tion is that the term “human” has two distinct, but not often distinguished, senses. This fact results in a slide of meaning, which serves to conceal the fal- laciousness of the traditional argument that since (1) it is wrong to kill in- nocent human beings, and (2) fetuses are innocent human beings, then (3) it is wrong to kill fetuses. For if “human” is used in the same sense in both (1) and (2) then, whichever of the two senses is meant, one of these premises is question-begging. And if it is used in two different senses then of course the conclusion doesn’t follow.

Thus, (1) is a self-evident moral truth,3 and avoids begging the question about abortion, only if “human being” is used to mean something like “a full-fledged member of the moral community.” (It may or may not also be meant to refer exclusively to members of the species Homo sapiens.) We may call this the moral sense of “human.” It is not to be confused with what we will call the genetic sense, that is, the sense in which any member of the species is a human being, and no member of any other species could be. If (1) is acceptable only if the moral sense is intended, (2) is non-question-beg- ging only if what is intended is the genetic sense.

In “Deciding Who Is Human,” Noonan argues for the classification of fe- tuses with human beings by pointing to the presence of the full genetic code, and the potential capacity for rational thought.4 It is clear that what he needs to show, for his version of the traditional argument to be valid, is that fetuses are human in the moral sense, the sense in which it is analyti- cally true that all human beings have full moral rights. But, in the absence of any argument showing that whatever is genetically human is also morally human, and he gives none, nothing more than genetic humanity can be demonstrated by the presence of the human genetic code. And, as we will see, the potential capacity for rational thought can at most show that an en- tity has the potential for becoming human in the moral sense.

2. Defining the Moral Community Can it be established that genetic hu- manity is sufficient for moral humanity? I think that there are very good rea- sons for not defining the moral community in this way. I would like to sug- gest an alternative way of defining the moral community, which I will argue

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© The McGraw−Hill Companies, 2006

for only to the extent of explaining why it is, or should be, self-evident. The suggestion is simply that the moral community consists of all and only peo- ple,5 rather than all and only human beings;6 and probably the best way of demonstrating its self-evidence is by considering the concept of person- hood, to see what sorts of entity are and are not persons, and what the deci- sion that a being is or is not a person implies about its moral rights.

What characteristics entitle an entity to be considered a person? This is obviously not the place to attempt a complete analysis of the concept of per- sonhood, but we do not need such a fully adequate analysis just to determine whether and why a fetus is or isn’t a person. All we need is a rough and ap- proximate list of the most basic criteria of personhood, and some idea of which, or how many, of these an entity must satisfy in order to properly be considered a person.

In searching for such criteria, it is useful to look beyond the set of peo- ple with whom we are acquainted, and ask how we would decide whether a totally alien being was a person or not. (For we have no right to assume that genetic humanity is necessary for personhood.) Imagine a space traveler who lands on an unknown planet and encounters a race of beings utterly un- like any he has ever seen or heard of. If he wants to be sure of behaving morally toward these beings, he has to somehow decide whether they are people, and hence have full moral rights, or whether they are the sort of thing which he need not feel guilty about treating as, for example, a source of food.

How should he go about making this decision? If he has some anthro- pological background, he might look for such things as religion, art, and the manufacturing of tools, weapons, or shelters, since these factors have been used to distinguish our human from our prehuman ancestors, in what seems to be closer to the moral than the genetic sense of “human.” And no doubt he would be right to consider the presence of such factors as good evidence that the alien beings were people, and morally human. It would, however, be overly anthropocentric of him to take the absence of these things as ade- quate evidence that they were not, since we can imagine people who have progressed beyond, or evolved without ever developing, these cultural char- acteristics.

I suggest that the traits which are most central to the concept of per- sonhood, or humanity in the moral sense, are, very roughly, the following:

1. consciousness (of objects and events external and/or internal to the be- ing), and in particular the capacity to feel pain;

2. reasoning (the developed capacity to solve new and relatively complex problems);

3. self-motivated activity (activity which is relatively independent of either genetic or direct external control);

4. the capacity to communicate, by whatever means, messages of an indefi- nite variety of types, that is, not just with an indefinite number of possi- ble contents, but on indefinitely many possible topics;

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An Examined Life: Critical Thinking and Ethics376 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Applied Ethics and Social Ethics: Abortion

Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

5. the presence of self-concepts, and self-awareness, either individual or racial, or both.

Admittedly, there are apt to be a great many problems involved in for- mulating precise definitions of these criteria, let alone in developing uni- versally valid behavioral criteria for deciding when they apply. But I will as- sume that both we and our explorer know approximately what (1)–(5) mean, and that he is also able to determine whether or not they apply. How, then, should he use his findings to decide whether or not the alien beings are people? We needn’t suppose that an entity must have all of these attrib- utes to be properly considered a person; (1) and (2) alone may well be suf- ficient for personhood, and quite probably (1)–(3) are sufficient. Neither do we need to insist that any one of these criteria is necessary for personhood, although once again (1) and (2) look like fairly good candidates for neces- sary conditions, as does (3), if “activity” is construed so as to include the ac- tivity of reasoning.

All we need to claim, to demonstrate that a fetus is not a person, is that any being which satisfies none of (1)–(5) is certainly not a person. I consider this claim to be so obvious that I think anyone who denied it, and claimed that a being which satisfied none of (1)–(5) was a person all the same, would thereby demonstrate that he had no notion at all of what a person is—per- haps because he had confused the concept of a person with that of genetic humanity. If the opponents of abortion were to deny the appropriateness of these five criteria, I do not know what further arguments would convince them. We would probably have to admit that our conceptual schemes were indeed irreconcilably different, and that our dispute could not be settled ob- jectively.

I do not expect this to happen, however, since I think that the concept of a person is one which is very nearly universal (to people), and that it is common to both proabortionists and antiabortionists, even though neither group has fully realized the relevance of this concept to the resolution of their dispute. Furthermore, I think that on reflection even the antiabor- tionists ought to agree not only that (1)–(5) are central to the concept of personhood, but also that it is a part of this concept that all and only people have full moral rights. The concept of a person is in part a moral concept; once we have admitted that x is a person we have recognized, even if we have not agreed to respect, x’s right to be treated as a member of the moral com- munity. It is true that the claim that x is a human being is more commonly voiced as part of an appeal to treat x decently than is the claim that x is a per- son, but this is either because “human being” is here used in the sense which implies personhood, or because the genetic and moral senses of “human” have been confused.

Now if (1)–(5) are indeed the primary criteria of personhood, then it is clear that genetic humanity is neither necessary nor sufficient for establish- ing that an entity is a person. Some human beings are not people, and there may well be people who are not human beings. A man or woman whose con-

On the Moral and Legal Status of Abortion (selection): Reading 277 Abel: Discourses Applied Ethics and Social Ethics: Abortion Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

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sciousness has been permanently obliterated but who remains alive is a hu- man being which is no longer a person; defective human beings, with no ap- preciable mental capacity, are not and presumably never will be people; and a fetus is a human being which is not yet a person, and which therefore can- not coherently be said to have full moral rights. Citizens of the next century should be prepared to recognize highly advanced, self-aware robots or com- puters, should such be developed, and intelligent inhabitants of other worlds, should such be found, as people in the fullest sense, and to respect their moral rights. But to ascribe full moral rights to an entity which is not a person is as absurd as to ascribe moral obligations and responsibilities to such an entity.

3. Fetal Development and the Right to Life Two problems arise in the ap- plication of these suggestions for the definition of the moral community to the determination of the precise moral status of a human fetus. Given that the paradigm example of a person is a normal adult human being, then (1) How like this paradigm, in particular how far advanced since conception, does a human being need to be before it begins to have a right to life by virtue, not of being fully a person as of yet, but of being like a person? and (2) To what extent, if any, does the fact that a fetus has the potential for be- coming a person endow it with some of the same rights? Each of these ques- tions requires some comment.

In answering the first question, we need not attempt a detailed consid- eration of the moral rights of organisms which are not developed enough, aware enough, intelligent enough, and so on, to be considered people, but which resemble people in some respects. It does seem reasonable to suggest that the more like a person, in the relevant respects, a being is, the stronger is the case for regarding it as having a right to life, and indeed the stronger its right to life is. Thus we ought to take seriously the suggestion that insofar as “the human individual develops biologically in a continuous fash- ion . . . the rights of a human person might develop in the same way.”7 But we must keep in mind that the attributes which are relevant in determining whether or not an entity is enough like a person to be regarded as having some of the same moral rights are no different from those which are rele- vant to determining whether or not it is fully a person—that is, are no dif- ferent from (1)–(5)—and that being genetically human, or having recog- nizably human facial and other physical features, or detectable brain activity, or the capacity to survive outside the uterus, are simply not among these relevant attributes.

Thus it is clear that even though a seven- or eight-month fetus has fea- tures which make it apt to arouse in us almost the same powerful protective instinct as is commonly aroused by a small infant, nevertheless it is not sig- nificantly more personlike than is a very small embryo. It is somewhat more personlike; it can apparently feel and respond to pain, and it may even have a rudimentary form of consciousness, insofar as its brain is quite active.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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377Abel: Discourses Applied Ethics and Social Ethics: Abortion

Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

5. the presence of self-concepts, and self-awareness, either individual or racial, or both.

Admittedly, there are apt to be a great many problems involved in for- mulating precise definitions of these criteria, let alone in developing uni- versally valid behavioral criteria for deciding when they apply. But I will as- sume that both we and our explorer know approximately what (1)–(5) mean, and that he is also able to determine whether or not they apply. How, then, should he use his findings to decide whether or not the alien beings are people? We needn’t suppose that an entity must have all of these attrib- utes to be properly considered a person; (1) and (2) alone may well be suf- ficient for personhood, and quite probably (1)–(3) are sufficient. Neither do we need to insist that any one of these criteria is necessary for personhood, although once again (1) and (2) look like fairly good candidates for neces- sary conditions, as does (3), if “activity” is construed so as to include the ac- tivity of reasoning.

All we need to claim, to demonstrate that a fetus is not a person, is that any being which satisfies none of (1)–(5) is certainly not a person. I consider this claim to be so obvious that I think anyone who denied it, and claimed that a being which satisfied none of (1)–(5) was a person all the same, would thereby demonstrate that he had no notion at all of what a person is—per- haps because he had confused the concept of a person with that of genetic humanity. If the opponents of abortion were to deny the appropriateness of these five criteria, I do not know what further arguments would convince them. We would probably have to admit that our conceptual schemes were indeed irreconcilably different, and that our dispute could not be settled ob- jectively.

I do not expect this to happen, however, since I think that the concept of a person is one which is very nearly universal (to people), and that it is common to both proabortionists and antiabortionists, even though neither group has fully realized the relevance of this concept to the resolution of their dispute. Furthermore, I think that on reflection even the antiabor- tionists ought to agree not only that (1)–(5) are central to the concept of personhood, but also that it is a part of this concept that all and only people have full moral rights. The concept of a person is in part a moral concept; once we have admitted that x is a person we have recognized, even if we have not agreed to respect, x’s right to be treated as a member of the moral com- munity. It is true that the claim that x is a human being is more commonly voiced as part of an appeal to treat x decently than is the claim that x is a per- son, but this is either because “human being” is here used in the sense which implies personhood, or because the genetic and moral senses of “human” have been confused.

Now if (1)–(5) are indeed the primary criteria of personhood, then it is clear that genetic humanity is neither necessary nor sufficient for establish- ing that an entity is a person. Some human beings are not people, and there may well be people who are not human beings. A man or woman whose con-

On the Moral and Legal Status of Abortion (selection): Reading 277 On the Moral and Legal Status of Abortion (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Abortion Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

sciousness has been permanently obliterated but who remains alive is a hu- man being which is no longer a person; defective human beings, with no ap- preciable mental capacity, are not and presumably never will be people; and a fetus is a human being which is not yet a person, and which therefore can- not coherently be said to have full moral rights. Citizens of the next century should be prepared to recognize highly advanced, self-aware robots or com- puters, should such be developed, and intelligent inhabitants of other worlds, should such be found, as people in the fullest sense, and to respect their moral rights. But to ascribe full moral rights to an entity which is not a person is as absurd as to ascribe moral obligations and responsibilities to such an entity.

3. Fetal Development and the Right to Life Two problems arise in the ap- plication of these suggestions for the definition of the moral community to the determination of the precise moral status of a human fetus. Given that the paradigm example of a person is a normal adult human being, then (1) How like this paradigm, in particular how far advanced since conception, does a human being need to be before it begins to have a right to life by virtue, not of being fully a person as of yet, but of being like a person? and (2) To what extent, if any, does the fact that a fetus has the potential for be- coming a person endow it with some of the same rights? Each of these ques- tions requires some comment.

In answering the first question, we need not attempt a detailed consid- eration of the moral rights of organisms which are not developed enough, aware enough, intelligent enough, and so on, to be considered people, but which resemble people in some respects. It does seem reasonable to suggest that the more like a person, in the relevant respects, a being is, the stronger is the case for regarding it as having a right to life, and indeed the stronger its right to life is. Thus we ought to take seriously the suggestion that insofar as “the human individual develops biologically in a continuous fash- ion . . . the rights of a human person might develop in the same way.”7 But we must keep in mind that the attributes which are relevant in determining whether or not an entity is enough like a person to be regarded as having some of the same moral rights are no different from those which are rele- vant to determining whether or not it is fully a person—that is, are no dif- ferent from (1)–(5)—and that being genetically human, or having recog- nizably human facial and other physical features, or detectable brain activity, or the capacity to survive outside the uterus, are simply not among these relevant attributes.

Thus it is clear that even though a seven- or eight-month fetus has fea- tures which make it apt to arouse in us almost the same powerful protective instinct as is commonly aroused by a small infant, nevertheless it is not sig- nificantly more personlike than is a very small embryo. It is somewhat more personlike; it can apparently feel and respond to pain, and it may even have a rudimentary form of consciousness, insofar as its brain is quite active.

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An Examined Life: Critical Thinking and Ethics378 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Applied Ethics and Social Ethics: Abortion

Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

Nevertheless, it seems safe to say that it is not fully conscious, in the way that an infant of a few months is, and that it cannot reason, or communicate mes- sages of indefinitely many sorts, does not engage in self-motivated activity, and has no self-awareness. Thus, in the relevant respects, a fetus, even a fully developed one, is considerably less personlike than is the average mature mammal, indeed the average fish. And I think that a rational person must conclude that if the right to life of a fetus is to be based upon its resemblance to a person, then it cannot be said to have any more right to life than, let us say, a newborn guppy (which also seems to be capable of feeling pain), and that a right of that magnitude could never override a woman’s right to ob- tain an abortion, at any stage of her pregnancy.

There may, of course, be other arguments in favor of placing legal lim- its upon the stage of pregnancy in which an abortion may be performed. Given the relative safety of the new techniques of artifically inducing labor during the third trimester, the danger to the woman’s life or health is no longer such an argument. Neither is the fact that people tend to respond to the thought of abortion in the later stages of pregnancy with emotional re- pulsion, since mere emotional responses cannot take the place of moral rea- soning in determining what ought to be permitted. Nor, finally, is the fre- quently heard argument that legalizing abortion, especially late in the pregnancy, may erode the level of respect for human life, leading, perhaps, to an increase in unjustified euthanasia and other crimes. For this threat, if it is a threat, can be better met by educating people to the kinds of moral distinctions which we are making here than by limiting access to abortion (which limitation may, in its disregard for the rights of women, be just as damaging to the level of respect for human rights).

Thus, since the fact that even a fully developed fetus is not personlike enough to have any significant right to life on the basis of its personlikeness shows that no legal restrictions upon the stage of pregnancy in which an abortion may be performed can be justified on the grounds that we should protect the rights of the older fetus; and since there is no other apparent jus- tification for such restrictions, we may conclude that they are entirely un- justified. Whether or not it would be indecent (whatever that means) for a woman in her seventh month to obtain an abortion just to avoid having to postpone a trip to Europe,8 it would not, in itself, be immoral, and therefore it ought to be permitted.

4. Potential Personhood and the Right to Life We have seen that a fetus does not resemble a person in any way which can support the claim that it has even some of the same rights. But what about its potential, the fact that if nurtured and allowed to develop naturally it will very probably become a person? Doesn’t that alone give it at least some right to life? It is hard to deny that the fact that an entity is a potential person is a strong prima fa- cie reason for not destroying it; but we need not conclude from this that a potential person has a right to life, by virtue of that potential. It may be

On the Moral and Legal Status of Abortion (selection): Reading 279 Abel: Discourses Applied Ethics and Social Ethics: Abortion Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

that our feeling that it is better, other things being equal, not to destroy a potential person is better explained by the fact that potential people are still (felt to be) an invaluable resource, not to be lightly squandered. Surely, if every speck of dust were a potential person, we would be much less apt to conclude that every potential person has a right to become actual.

Still, we do not need to insist that a potential person has no right to life whatever. There may well be something immoral, and not just imprudent, about wantonly destroying potential people, when doing so isn’t necessary to protect anyone’s rights. But even if a potential person does have some prima facie right to life, such a right could not possibly outweigh the right of a woman to obtain an abortion, since the rights of any actual person in- variably outweigh those of any potential person, whenever the two conflict. Since this may not be immediately obvious in the case of a human fetus, let us look at another case.

Suppose that our space explorer falls into the hands of an alien culture, whose scientists decide to create a few hundred thousand or more human beings, by breaking his body into its component cells, and using these to cre- ate fully developed human beings, with, of course, his genetic code. We may imagine that each of these newly created men will have all of the original man’s abilities, skills, knowledge, and so on, and also have an individual self- concept, in short that each of them will be a bona fide (though hardly unique) person. Imagine that the whole project will take only seconds, and that its chances of success are extremely high, and that our explorer knows all of this, and also knows that these people will be treated fairly. I maintain that in such a situation he would have every right to escape if he could, and thus to deprive all of these potential people of their potential lives; for his right to life outweighs all of theirs together, in spite of the fact that they are all genetically human, all innocent, and all have a very high probability of becoming people very soon, if only he refrains from acting.

Indeed, I think he would have a right to escape even if it were not his life which the alien scientists planned to take, but only a year of his freedom, or, indeed, only a day. Nor would he be obligated to stay if he had gotten cap- tured (thus bringing all these people-potentials into existence) because of his own carelessness, or even if he had done so deliberately, knowing the consequences. Regardless of how he got captured, he is not morally obli- gated to remain in captivity for any period of time for the sake of permitting any number of potential people to come into actuality, so great is the mar- gin by which one actual person’s right to liberty outweighs whatever right to life even a hundred thousand potential people have. And it seems reason- able to conclude that the rights of a woman will outweigh by a similar mar- gin whatever right to life a fetus may have by virtue of its potential person- hood.

Thus, neither a fetus’s resemblance to a person, nor its potential for be- coming a person, provides any basis whatever for the claim that it has any

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

379Abel: Discourses Applied Ethics and Social Ethics: Abortion

Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

Nevertheless, it seems safe to say that it is not fully conscious, in the way that an infant of a few months is, and that it cannot reason, or communicate mes- sages of indefinitely many sorts, does not engage in self-motivated activity, and has no self-awareness. Thus, in the relevant respects, a fetus, even a fully developed one, is considerably less personlike than is the average mature mammal, indeed the average fish. And I think that a rational person must conclude that if the right to life of a fetus is to be based upon its resemblance to a person, then it cannot be said to have any more right to life than, let us say, a newborn guppy (which also seems to be capable of feeling pain), and that a right of that magnitude could never override a woman’s right to ob- tain an abortion, at any stage of her pregnancy.

There may, of course, be other arguments in favor of placing legal lim- its upon the stage of pregnancy in which an abortion may be performed. Given the relative safety of the new techniques of artifically inducing labor during the third trimester, the danger to the woman’s life or health is no longer such an argument. Neither is the fact that people tend to respond to the thought of abortion in the later stages of pregnancy with emotional re- pulsion, since mere emotional responses cannot take the place of moral rea- soning in determining what ought to be permitted. Nor, finally, is the fre- quently heard argument that legalizing abortion, especially late in the pregnancy, may erode the level of respect for human life, leading, perhaps, to an increase in unjustified euthanasia and other crimes. For this threat, if it is a threat, can be better met by educating people to the kinds of moral distinctions which we are making here than by limiting access to abortion (which limitation may, in its disregard for the rights of women, be just as damaging to the level of respect for human rights).

Thus, since the fact that even a fully developed fetus is not personlike enough to have any significant right to life on the basis of its personlikeness shows that no legal restrictions upon the stage of pregnancy in which an abortion may be performed can be justified on the grounds that we should protect the rights of the older fetus; and since there is no other apparent jus- tification for such restrictions, we may conclude that they are entirely un- justified. Whether or not it would be indecent (whatever that means) for a woman in her seventh month to obtain an abortion just to avoid having to postpone a trip to Europe,8 it would not, in itself, be immoral, and therefore it ought to be permitted.

4. Potential Personhood and the Right to Life We have seen that a fetus does not resemble a person in any way which can support the claim that it has even some of the same rights. But what about its potential, the fact that if nurtured and allowed to develop naturally it will very probably become a person? Doesn’t that alone give it at least some right to life? It is hard to deny that the fact that an entity is a potential person is a strong prima fa- cie reason for not destroying it; but we need not conclude from this that a potential person has a right to life, by virtue of that potential. It may be

On the Moral and Legal Status of Abortion (selection): Reading 279 On the Moral and Legal Status of Abortion (selection): ReadingAbel: Discourses Applied Ethics and Social Ethics: Abortion Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

that our feeling that it is better, other things being equal, not to destroy a potential person is better explained by the fact that potential people are still (felt to be) an invaluable resource, not to be lightly squandered. Surely, if every speck of dust were a potential person, we would be much less apt to conclude that every potential person has a right to become actual.

Still, we do not need to insist that a potential person has no right to life whatever. There may well be something immoral, and not just imprudent, about wantonly destroying potential people, when doing so isn’t necessary to protect anyone’s rights. But even if a potential person does have some prima facie right to life, such a right could not possibly outweigh the right of a woman to obtain an abortion, since the rights of any actual person in- variably outweigh those of any potential person, whenever the two conflict. Since this may not be immediately obvious in the case of a human fetus, let us look at another case.

Suppose that our space explorer falls into the hands of an alien culture, whose scientists decide to create a few hundred thousand or more human beings, by breaking his body into its component cells, and using these to cre- ate fully developed human beings, with, of course, his genetic code. We may imagine that each of these newly created men will have all of the original man’s abilities, skills, knowledge, and so on, and also have an individual self- concept, in short that each of them will be a bona fide (though hardly unique) person. Imagine that the whole project will take only seconds, and that its chances of success are extremely high, and that our explorer knows all of this, and also knows that these people will be treated fairly. I maintain that in such a situation he would have every right to escape if he could, and thus to deprive all of these potential people of their potential lives; for his right to life outweighs all of theirs together, in spite of the fact that they are all genetically human, all innocent, and all have a very high probability of becoming people very soon, if only he refrains from acting.

Indeed, I think he would have a right to escape even if it were not his life which the alien scientists planned to take, but only a year of his freedom, or, indeed, only a day. Nor would he be obligated to stay if he had gotten cap- tured (thus bringing all these people-potentials into existence) because of his own carelessness, or even if he had done so deliberately, knowing the consequences. Regardless of how he got captured, he is not morally obli- gated to remain in captivity for any period of time for the sake of permitting any number of potential people to come into actuality, so great is the mar- gin by which one actual person’s right to liberty outweighs whatever right to life even a hundred thousand potential people have. And it seems reason- able to conclude that the rights of a woman will outweigh by a similar mar- gin whatever right to life a fetus may have by virtue of its potential person- hood.

Thus, neither a fetus’s resemblance to a person, nor its potential for be- coming a person, provides any basis whatever for the claim that it has any

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significant right to life. Consequently, a woman’s right to protect her health, happiness, freedom, and even her life,9 by terminating an unwanted preg- nancy, will always override whatever right to life it may be appropriate to as- cribe to a fetus, even a fully developed one. And thus, in the absence of any overwhelming social need for every possible child, the laws which restrict the right to obtain an abortion, or limit the period of pregnancy during which an abortion may be performed, are a wholly unjustified violation of a woman’s most basic moral and constitutional rights.

Postscript on Infanticide

Since the publication of this article, many people have written to point out that my argument appears to justify not only abortion, but infanticide as well. For a newborn infant is not significantly more personlike than an ad- vanced fetus, and consequently it would seem that if the destruction of the latter is permissible so too must be that of the former. Inasmuch as most people, regardless of how they feel about the morality of abortion, consider infanticide a form of murder, this might appear to represent a serious flaw in my argument.

Now, if I am right in holding that it is only people who have a full- fledged right to life, and who can be murdered, and if the criteria of per- sonhood are as I have described them, then it obviously follows that killing a newborn infant isn’t murder. It does not follow, however, that infanticide is permissible, for two reasons. In the first place, it would be wrong, at least in this country and in this period of history, and other things being equal, to kill a newborn infant, because even if its parents do not want it and would not suffer from its destruction, there are other people who would like to have it, and would, in all probability, be deprived of a great deal of pleasure by its destruction. Thus, infanticide is wrong for reasons analogous to those which make it wrong to wantonly destroy natural resources, or great works of art.

Secondly, most people, at least in this country, value infants and would much prefer that they be preserved, even if foster parents are not immedi- ately available. Most of us would rather be taxed to support orphanages than allow unwanted infants to be destroyed. So long as there are people who want an infant preserved, and who are willing and able to provide the means of caring for it, under reasonably humane conditions, it is, ceteris paribus,10

wrong to destroy it. But, it might be replied, if this argument shows that infanticide is wrong,

at least at this time and in this country, doesn’t it also show that abortion is wrong? After all, many people value fetuses, are disturbed by their destruc- tion, and would much prefer that they be preserved, even at some cost to themselves. Furthermore, as a potential source of pleasure to some foster family, a fetus is just as valuable as an infant. There is, however, a crucial dif- ference between the two cases: so long as the fetus is unborn, its preserva- tion, contrary to the wishes of the pregnant woman, violates her rights to freedom, happiness, and self-determination. Her rights override the rights

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of those who would like the fetus preserved, just as if someone’s life or limb is threatened by a wild animal, his right to protect himself by destroying the animal overrides the rights of those who would prefer that the animal not be harmed.

The minute the infant is born, however, its preservation no longer vio- lates any of its mother’s rights, even if she wants it destroyed, because she is free to put it up for adoption. Consequently, while the moment of birth does not mark any sharp discontinuity in the degree to which an infant possesses the right to life, it does mark the end of its mother’s right to determine its fate. Indeed, if abortion could be performed without killing the fetus, she would never possess the right to have the fetus destroyed, for the same rea- sons that she has no right to have an infant destroyed.

On the other hand, it follows from my argument that when an unwanted or defective infant is born into a society which cannot afford and/or is not willing to care for it, then its destruction is permissible. This conclusion will, no doubt, strike many people as heartless and immoral; but remember that the very existence of people who feel this way, and who are willing and able to provide care for unwanted infants, is reason enough to conclude that they should be preserved.

� N O T E S

1. Thomas Jefferson, in the Declaration of Independence [D.C.A., ed.] 2. John T. Noonan, Jr., “Abortion and the Catholic Church: A Summary

History,” Natural Law Forum 12 (1967), p. 125. [M.A.W.] 3. Of course, the principle that it is wrong to kill innocent human beings

is in need of many other modifications, for example, that it may be per- missible to do so to save a greater number of other innocent human be- ings, but we may safely ignore these complications here. [M.A.W.]

4. John T. Noonan, Jr., “Deciding Who Is Human,” Natural Law Forum 13 (1968), p. 134. [M.A.W.]

5. Here and subsequently, Warren uses “people” as the plural of “person.” [D.C.A.]

6. From here on, we will use “human” to mean genetically human. [M.A.W.]

7. Thomas L. Hayes, “A Biological View,” Commonweal 85 (March 17, 1967), pp. 677–678. [M.A.W.]

8. The view that such an abortion would be “indecent” but not immoral is held by Judith Jarvis Thomson in “A Defense of Abortion,” Philosophy and Public Affairs 1 (Fall 1971), pp. 65–66. [D.C.A.]

9. that is, insofar as the death rate, for the woman, is higher for childhood than for early abortion [M.A.W.]

10. ceteris paribus: other things being equal (Latin) [D.C.A.]

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significant right to life. Consequently, a woman’s right to protect her health, happiness, freedom, and even her life,9 by terminating an unwanted preg- nancy, will always override whatever right to life it may be appropriate to as- cribe to a fetus, even a fully developed one. And thus, in the absence of any overwhelming social need for every possible child, the laws which restrict the right to obtain an abortion, or limit the period of pregnancy during which an abortion may be performed, are a wholly unjustified violation of a woman’s most basic moral and constitutional rights.

Postscript on Infanticide

Since the publication of this article, many people have written to point out that my argument appears to justify not only abortion, but infanticide as well. For a newborn infant is not significantly more personlike than an ad- vanced fetus, and consequently it would seem that if the destruction of the latter is permissible so too must be that of the former. Inasmuch as most people, regardless of how they feel about the morality of abortion, consider infanticide a form of murder, this might appear to represent a serious flaw in my argument.

Now, if I am right in holding that it is only people who have a full- fledged right to life, and who can be murdered, and if the criteria of per- sonhood are as I have described them, then it obviously follows that killing a newborn infant isn’t murder. It does not follow, however, that infanticide is permissible, for two reasons. In the first place, it would be wrong, at least in this country and in this period of history, and other things being equal, to kill a newborn infant, because even if its parents do not want it and would not suffer from its destruction, there are other people who would like to have it, and would, in all probability, be deprived of a great deal of pleasure by its destruction. Thus, infanticide is wrong for reasons analogous to those which make it wrong to wantonly destroy natural resources, or great works of art.

Secondly, most people, at least in this country, value infants and would much prefer that they be preserved, even if foster parents are not immedi- ately available. Most of us would rather be taxed to support orphanages than allow unwanted infants to be destroyed. So long as there are people who want an infant preserved, and who are willing and able to provide the means of caring for it, under reasonably humane conditions, it is, ceteris paribus,10

wrong to destroy it. But, it might be replied, if this argument shows that infanticide is wrong,

at least at this time and in this country, doesn’t it also show that abortion is wrong? After all, many people value fetuses, are disturbed by their destruc- tion, and would much prefer that they be preserved, even at some cost to themselves. Furthermore, as a potential source of pleasure to some foster family, a fetus is just as valuable as an infant. There is, however, a crucial dif- ference between the two cases: so long as the fetus is unborn, its preserva- tion, contrary to the wishes of the pregnant woman, violates her rights to freedom, happiness, and self-determination. Her rights override the rights

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© The McGraw−Hill Companies, 2006

of those who would like the fetus preserved, just as if someone’s life or limb is threatened by a wild animal, his right to protect himself by destroying the animal overrides the rights of those who would prefer that the animal not be harmed.

The minute the infant is born, however, its preservation no longer vio- lates any of its mother’s rights, even if she wants it destroyed, because she is free to put it up for adoption. Consequently, while the moment of birth does not mark any sharp discontinuity in the degree to which an infant possesses the right to life, it does mark the end of its mother’s right to determine its fate. Indeed, if abortion could be performed without killing the fetus, she would never possess the right to have the fetus destroyed, for the same rea- sons that she has no right to have an infant destroyed.

On the other hand, it follows from my argument that when an unwanted or defective infant is born into a society which cannot afford and/or is not willing to care for it, then its destruction is permissible. This conclusion will, no doubt, strike many people as heartless and immoral; but remember that the very existence of people who feel this way, and who are willing and able to provide care for unwanted infants, is reason enough to conclude that they should be preserved.

� N O T E S

1. Thomas Jefferson, in the Declaration of Independence [D.C.A., ed.] 2. John T. Noonan, Jr., “Abortion and the Catholic Church: A Summary

History,” Natural Law Forum 12 (1967), p. 125. [M.A.W.] 3. Of course, the principle that it is wrong to kill innocent human beings

is in need of many other modifications, for example, that it may be per- missible to do so to save a greater number of other innocent human be- ings, but we may safely ignore these complications here. [M.A.W.]

4. John T. Noonan, Jr., “Deciding Who Is Human,” Natural Law Forum 13 (1968), p. 134. [M.A.W.]

5. Here and subsequently, Warren uses “people” as the plural of “person.” [D.C.A.]

6. From here on, we will use “human” to mean genetically human. [M.A.W.]

7. Thomas L. Hayes, “A Biological View,” Commonweal 85 (March 17, 1967), pp. 677–678. [M.A.W.]

8. The view that such an abortion would be “indecent” but not immoral is held by Judith Jarvis Thomson in “A Defense of Abortion,” Philosophy and Public Affairs 1 (Fall 1971), pp. 65–66. [D.C.A.]

9. that is, insofar as the death rate, for the woman, is higher for childhood than for early abortion [M.A.W.]

10. ceteris paribus: other things being equal (Latin) [D.C.A.]

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On the Moral and Legal Status of Abortion Mary Anne Warren

Reading Questions

According to Warren:

1. Why is it doubtful that a woman’s right to obtain an abortion can be derived from her right to control her own body?

2. Why is being genetically human not sufficient for being a member of the moral community? Why is being genetically human not necessary for being a member of the moral community?

3. Why are legal restrictions on the stage of pregnancy in which an abortion can be performed unjustifiable?

4. Why does the fact that a fetus is a potential person not make abortion immoral?

5. Why is the killing of a newborn infant not murder? For what two reasons could such a killing be morally wrong, even if it is not murder? Why do these two reasons not make abortion morally wrong?

Discussion Questions

In your own view:

1. What makes a being a member of the moral community, with full moral rights?

2. Are all human beings members of the moral community? Could beings other than humans be members of the moral community?

3. Does a human embryo have any of the essential traits of personhood? Does an eight-month-old human fetus? Does someone in an irreversible coma?

4. Does a being that is potentially a person, but not yet actually a person, have a right to life?

5. Do the rights of an actual person always outweigh the rights of a potential person?

On the Moral and Legal Status of Abortion (selection): Reading 283

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383Abel: Discourses Applied Ethics and Social Ethics: Abortion

Mary Anne Warren, ‘‘On the Moral and Legal Status of Abortion’’ (selection)

© The McGraw−Hill Companies, 2006

On the Moral and Legal Status of Abortion Mary Anne Warren

Reading Questions

According to Warren:

1. Why is it doubtful that a woman’s right to obtain an abortion can be derived from her right to control her own body?

2. Why is being genetically human not sufficient for being a member of the moral community? Why is being genetically human not necessary for being a member of the moral community?

3. Why are legal restrictions on the stage of pregnancy in which an abortion can be performed unjustifiable?

4. Why does the fact that a fetus is a potential person not make abortion immoral?

5. Why is the killing of a newborn infant not murder? For what two reasons could such a killing be morally wrong, even if it is not murder? Why do these two reasons not make abortion morally wrong?

Discussion Questions

In your own view:

1. What makes a being a member of the moral community, with full moral rights?

2. Are all human beings members of the moral community? Could beings other than humans be members of the moral community?

3. Does a human embryo have any of the essential traits of personhood? Does an eight-month-old human fetus? Does someone in an irreversible coma?

4. Does a being that is potentially a person, but not yet actually a person, have a right to life?

5. Do the rights of an actual person always outweigh the rights of a potential person?

On the Moral and Legal Status of Abortion (selection): Reading 283 Bibliography

BIBLIOGRAPHY

Judith Boss, Analyzing Moral Issues, Sixth Edition, ©2013, McGraw-Hill Higher Education — USA

Richard D. Mohr, “Gay Basics: Some Questions, Facts, and Values.” In The Right Thing to Do: Basic Readings in Moral Philosophy, ed. James Rachels. 2nd ed. New York: McGraw-Hill, 1999.

Mary Anne Warren, “On the Moral and Legal Status of Abortion.” The Monist 57 (January 1973).

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CHAPTER 13: Civil Rights and the Struggle

for Racial Equality

INTRODUCTION

The late 18th Century witnessed the climax and the political embodiment of the ideals of the Age of Enlightenment, as the American Revolution and the French Revolution brought back an idea that had remained dormant since ancient Greece: democracy. In France, the 1789 Declaration of the Rights of Man declared that “all men are born and remain free and equal in rights.” Prior to that, in 1776, the 33-year-old Thomas Jefferson with the help of Benjamin Franklin wrote The United States Declaration of Independence, which begins with what is perhaps the most sweeping and promising statement of human rights the world has seen:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

In both countries, the promise of the documents was rich. It is worth noting that, also in both countries and elsewhere around the world, the promise was and remains real, but the political and social realities have taken a long time on the road to fulfillment. In the young American republic, racism was institutionalized from the start, enshrined in a constitution that counted blacks as portions of persons and in fact permitted the institution of slavery to continue. That we have come a long way is as obvious as it is that we have a long way to go. “All men are created equal” remains what it was in 1776, a blueprint for the future, a dazzling promise of democracy.

The struggle for racial equality is a major chapter in the work in progress that is American culture. Moral concerns for two centuries have included everything from Natural Law arguments to defend slavery alongside Holy Scriptures that specifically recommend it. Leviticus 25:44-46 is clear on the subject: “ You may purchase male or female slaves from among the foreigners who live among you. You may also purchase the children of such resident foreigners, including those who have been born in your land. You may treat them as your property, passing them on to your children as a permanent inheritance. You may treat your slaves like this, but the people of Israel, your relatives, must never be treated this way.” The New Testament, taken literally, is also quite clear: “Slaves, obey your earthly masters with deep respect and fear. Serve them sincerely as you would serve Christ,” from Ephesians 6:5, is one of more than a few examples. Until

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385CHAPTER 13: Civil Rights and the Struggle for Racial Equality

President Abraham Lincoln’s Emancipation Proclamation, and until the end of the Civil War, these were the moral arguments used by the Confederacy; they remained the main arguments for the founders of the Ku Klux Klan, who still think of themselves as good Christians. The drawbacks of moral arguments that depend on either Divine Command or Natural Law are discussed in Chapter 7 and need not be repeated here. Kantian arguments from the universality of human dignity have had a considerable impact on the civil rights struggle, including providing much of the foundation of Martin Luther King’s arguments. But perhaps the most successful arguments against institutionalized racism—including those that have been successful before the Supreme Court, sometimes with unexpected results—have been utilitarian arguments from harm.

It is worth noting that today’s multicultural, multiracial classroom—very likely including your Ethics class--was illegal in much of the United States until the Civil Rights Act of 1964. In 1963, Alabama Governor George Wallace, Jr. was intent on stopping the racial integration of the University of Alabama, famously declaring that “In the name of the greatest people that have ever trod this earth, I draw the line in the dust and toss the gauntlet before the feet of tyranny, and I say segregation now, segregation tomorrow, segregation forever.” The tyranny in question was the mandatory racial integration of the university, and four brave African-Americans in fact succeeded in enrolling, with historic results. That is, what are the consequences of racial integration at the University of Alabama? Students of all races may attend and receive an education. Was any unhappiness brought about by these consequences? Yes, of course. White racists were and perhaps still are upset by having to sit alongside students of other races in the classroom. But their unhappiness is not as deep as that of being denied an education to begin with. Giving one minority group the right to have an education did not take away that right from the majority group; it merely meant that more students could get an education. The arguments were powerful and influential, with repercussions for virtually every human rights argument in the 20th and 21st Centuries The rights of women to take part in combat in the U.S. Army, a recent fight, did not take away any rights from male soldiers; it only meant that women also could have that career choice. Marriage equality does not take away the rights of same-race couples or of straight couples, it only means that interracial couples and same-sex couples also have those same rights. “Not liking those people” is not an argument.

“Because of the Civil Rights movement, because of the laws President Johnson signed, new doors of opportunity and education swung open for everybody—not all at once, but they swung open. Not just blacks and whites, but also women and Latinos; and Asians and Native Americans; and gay Americans and Americans with disabilities. They swung open for you. And they swung open for me.” U.S. President Barack Obama

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All of which makes affirmative action an interesting issue. Unlike integrating schools that have no actual limit on the number of its students, and unlike the issues of women in combat or marriage equality, affirmative action can and does mean that if one person gets a place in a medical school class, another person will not. The legal concept of affirmative action began in the late 1950s and was expanded in the 1960s and ‘70s. A preferential treatment of African-Americans and other minorities who historically had been denied equal rights translated into quotas in everything from schools to the workplace. It has been argued that these quotas would make schools and workplaces better and would thus be beneficial for society as a whole even if they in fact caused harm to those not included in the process who might have been included without affirmative action. Some powerful arguments for and against affirmative action follow in this chapter, and they have been given renewed urgency by the 2014 U.S. Supreme Court decision upholding Michigan’s ban on affirmative action. The issue divided the court. Chief Justice John Roberts, writing the majority opinion, indicated that the racial inequalities that might have made affirmative action desirable generations ago were no longer the case and that, in fact, affirmative action today is a form of racial discrimination. “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race,” wrote Chief Justice Roberts.

In a scathing 58-page dissenting opinion, aimed at Chief Justice Roberts’ assumptions that the conditions of racism that brought about affirmative action no longer exist, Justice Sonia Sotomayor noted that “While our Constitution does not guarantee minority groups victory in the political process, it does guarantee them meaningful access to that process. It guarantees that the majority may not win by stacking the political process against minority groups permanently, forcing the minority alone to surmount unique obstacles in pursuit of its goals—here, educational diversity.” In other words, in Justice Sotomayor’s legal opinion, race still matters.

“You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, ‘you are free to compete with all the others,’ and still justly believe that you have been completely fair.” U.S. President Lyndon B. Johnson

“Race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man’s view of society when he spends his teenage years watching others tense up as he passes, no matter the neighborhood where he grew up. Race matters to a young woman’s sense of self when she states her hometown, and then is pressed, ‘No, where are you really from?’ regardless of how many generations her family has been in the country. Race matters to a young person addressed by a stranger in a foreign language, which he does not understand because only English was spoken at home. Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: ‘I do not belong here’.” U.S. Supreme Court Justice Sonia Sotomayor

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387CHAPTER 13: Civil Rights and the Struggle for Racial Equality

Octavio Roca and Matthew Schuh

Judge Ruth Bader Ginsberg joined Judge Sonia Sotomayor in her dissent. “The Constitution does not protect racial minorities from political defeat,” wrote Justice Ginsberg. “But neither does it give the majority free rein to erect selective barriers against racial minorities.”

The point of disagreement among the U.S. Supreme Court Justices hinges not on racial equality, which both sides indicate is desirable and right in their individual arguments; rather, the question is a factual one, does racism still exist in American society? Does race still matter? Both sides of this question have provided challenging answers. But in truth, evidence of racism—perhaps not as institutionalized as it once was but real nevertheless— is difficult to ignore.

An elected state official, Oklahoma State Representative Sally Kern, said recently that “I taught school for 20 years, and I saw a lot of people of color who didn’t want to work as hard. They wanted it given to them.” In 2014, Cliven Bundy, a Nevada rancher who had managed not to pay federal taxes on the federal land he had been using as a grazing field for his cattle for twenty years, refused to pay those taxes when requested and turned away at gunpoint officials from the U.S. Bureau of Land Management. The millionaire job-creator was hailed by some including U.S. Senator Rand Paul as a hero in the fight against big government, but also condemned as a “domestic terrorist” by U.S. Senator Harry Reid. On April 23, 2014, in a town meeting speech that went beyond cattle to subjects including welfare, abortion, and minority rights, Bundy came up with this gem:

“I want to tell you one more thing I know about the Negro. They abort their young children, they put their young men in jail, because they never learned how to pick cotton. And I’ve often wondered, are they better off as slaves, picking cotton and having a family life and doing things, or are they better off under government subsidy? They didn’t get no more freedom. They got less freedom.”

“Negroes” were better off as slaves, according to Bundy. The New York Times, in a lead editorial April 22, 2014 following the Supreme

Court’s Michigan decision, accused the court of having “a blinkered view of race in America.” It would seem Justice Sonia Sotomayor has a point in sounding the alarm that “we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society.” Apparently, race still matters, and racism is still very much with us.

“The time is always right to do what is right.” Martin Luther King

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Barack Obama

Obama, Barack. From speech delivered at Lincoln Memorial in Washington, DC, August 28, 2013.

To the King family, who have sacrificed and inspired so much; to President Clinton; President Carter; Vice Presi- dent Biden, Jill; fellow Americans.

Five decades ago today, Americans came to this hon- ored place to lay claim to a promise made at our found- ing: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.”

In 1963, almost 200 years after those words were set to paper, a full century after a great war was fought and emancipation proclaimed, that promise—those truths— remained unmet. And so they came by the thousands from every corner of our country, men and women, young and old, Blacks who longed for freedom and Whites who could no longer accept freedom for themselves while wit- nessing the subjugation of others.

Across the land, congregations sent them off with food and with prayer. In the middle of the night, entire blocks of Harlem came out to wish them well. With the few dollars they scrimped from their labor, some bought tickets and boarded buses, even if they couldn’t always sit where they wanted to sit. Those with less money hitch- hiked or walked. They were seamstresses and steelworkers, students and teachers, maids and Pullman porters. They shared simple meals and bunked together on floors. And then, on a hot summer day, they assembled here, in our Nation’s Capital, under the shadow of the Great Eman- cipator, to offer testimony of injustice, to petition their Government for redress, and to awaken America’s long- slumbering conscience.

We rightly and best remember Dr. King’s soaring ora- tory that day, how he gave mighty voice to the quiet hopes of millions, how he offered a salvation path for oppressed and oppressors alike. His words belong to the ages, pos- sessing a power and prophecy unmatched in our time.

But we would do well to recall that day itself also belonged to those ordinary people whose names never appeared in the history books, never got on TV. Many had gone to segregated schools and sat at segregated lunch counters. They lived in towns where they couldn’t vote

and cities where their votes didn’t matter. They were cou- ples in love who couldn’t marry, soldiers who fought for freedom abroad that they found denied to them at home. They had seen loved ones beaten and children firehosed, and they had every reason to lash out in anger or resign themselves to a bitter fate.

And yet they chose a different path. In the face of hatred, they prayed for their tormentors. In the face of violence, they stood up and sat in with the moral force of nonviolence. Willingly, they went to jail to protest unjust laws, their cells swelling with the sound of freedom songs. A lifetime of indignities had taught them that no man can take away the dignity and grace that God grants us. They had learned through hard experience what Frederick Douglass once taught: that freedom is not given, it must be won through struggle and discipline, persistence and faith.

That was the spirit they brought here that day. That was the spirit young people like John Lewis brought to that day. That was the spirit that they carried with them, like a torch, back to their cities and their neighborhoods. That steady flame of conscience and courage that would sustain them through the campaigns to come: through boycotts and voter registration drives and smaller marches far from the spotlight; through the loss of four little girls in Birmingham and the carnage of the Edmund Pettus Bridge and the agony of Dallas and California and Memphis. Through setbacks and heartbreaks and gnawing doubt, that flame of justice flickered; it never died.

And because they kept marching, America changed. Because they marched, a civil rights law was passed. Because they marched, a voting rights law was signed. Because they marched, doors of opportunity and educa- tion swung open so their daughters and sons could finally imagine a life for themselves beyond washing somebody else’s laundry or shining somebody else’s shoes. Because they marched, city councils changed, and State legisla- tures changed, and Congress changed, and yes, eventually, the White House changed.

Because they marched, America became more free and more fair, not just for African Americans, but for

Remarks at the “Let Freedom Ring” Ceremony Commemorating the

50th Anniversary of the March on Washington for Jobs and Freedom

284 An Examined Life Critical Thinking and Ethics

women and Latinos, Asians and Native Americans; for Catholics, Jews, and Muslims; for gays; for Americans with disabilities. America changed for you and for me. And the entire world drew strength from that example, whether the young people who watched from the other side of an Iron Curtain and would eventually tear down that wall or the young people inside South Africa who would eventu- ally end the scourge of apartheid.

Those are the victories they won with iron wills and hope in their hearts. That is the transformation that they wrought with each step of their well-worn shoes. That’s the debt that I and millions of Americans owe those maids, those laborers, those porters, those secretaries—folks who could have run a company maybe if they had ever had a chance; those White students who put themselves in harm’s way, even though they didn’t have to; those Japa- nese Americans who recalled their own internment; those Jewish Americans who had survived the Holocaust; people who could have given up and given in, but kept on keep- ing on, knowing that “weeping may endure for a night, but joy cometh in the morning.”

On the battlefield of justice, men and women with- out rank or wealth or title or fame would liberate us all in ways that our children now take for granted, as people of all colors and creeds live together and learn together and walk together and fight alongside one another and love one another and judge one another by the content of our character in this greatest nation on Earth.

To dismiss the magnitude of this progress—to sug- gest, as some sometimes do, that little has changed—that dishonors the courage and the sacrifice of those who paid the price to march in those years. Medgar Evers, James Chaney, Andrew Goodman, Michael Schwerner, Martin Luther King, Jr.—they did not die in vain. Their victory was great.

But we would dishonor those heroes as well to sug- gest that the work of this Nation is somehow complete. The arc of the moral universe may bend towards justice, but it doesn’t bend on its own. To secure the gains that this country has made requires constant vigilance, not complacency. Whether by challenging those who erect new barriers to the vote or ensuring that the scales of jus- tice work equally for all and the criminal justice system is not simply a pipeline from underfunded schools to over- crowded jails, it requires vigilance.

And we’ll suffer the occasional setback. But we will win these fights. This country has changed too much. Peo- ple of good will, regardless of party, are too plentiful for those with ill will to change history’s currents.

In some ways, though, the securing of civil rights, voting rights, the eradication of legalized discrimination, the very significance of these victories may have obscured a second goal of the march. For the men and women who gathered 50 years ago were not there in search of some abstract ideal. They were there seeking jobs as well as jus- tice, not just the absence of oppression, but the presence of economic opportunity.

For what does it profit a man, Dr. King would ask, to sit at an integrated lunch counter if he can’t afford the meal? This idea—that one’s liberty is linked to one’s liveli- hood, that the pursuit of happiness requires the dignity of work, the skills to find work, decent pay, some measure of material security—this idea was not new. Lincoln him- self understood the Declaration of Independence in such terms, as a promise that in due time, “the weights should be lifted from the shoulders of all men, and that all should have an equal chance.”

And Dr. King explained that the goals of African Americans were identical to working people of all races: “Decent wages, fair working conditions, livable housing, old-age security, health and welfare measures, conditions in which families can grow, have education for their chil- dren, and respect in the community.”

What King was describing has been the dream of every American. It’s what’s lured for centuries new arrivals to our shores. And it’s along this second dimension—of economic opportunity, the chance through honest toil to advance one’s station in life—where the goals of 50 years ago have fallen most short.

Yes, there have been examples of success within Black America that would have been unimaginable a half century ago. But as has already been noted: Black unem- ployment has remained almost twice as high as White employment, Latino unemployment close behind. The gap in wealth between races has not lessened, it’s grown. And as President Clinton indicated, the position of all working Americans, regardless of color, has eroded, mak- ing the dream Dr. King described even more elusive.

For over a decade, working Americans of all races have seen their wages and incomes stagnate, even as corporate profits soar, even as the pay of a fortunate few explodes. Inequality has steadily risen over the decades. Upward mobility has become harder. In too many com- munities across this country, in cities and suburbs and rural hamlets, the shadow of poverty casts a pall over our youth, their lives a fortress of substandard schools and diminished prospects, inadequate health care and peren- nial violence.

And so as we mark this anniversary, we must remind ourselves that the measure of progress for those who marched 50 years ago was not merely how many Blacks could join the ranks of millionaires. It was whether this country would admit all people who are willing to work hard, regardless of race, into the ranks of a middle class life.

The test was not and never has been whether the doors of opportunity are cracked a bit wider for a few. It was whether our economic system provides a fair shot for the many: for the Black custodian and the White steel- worker, the immigrant dishwasher and the Native Ameri- can veteran. To win that battle, to answer that call—this remains our great unfinished business.

We shouldn’t fool ourselves: The task will not be easy. Since 1963, the economy has changed. The twin forces of technology and global competition have subtracted

Remarks at the "Let Freedom Ring" Ceremony Commemorating the 50th Anniversary of the March on Washington for Jobs and Freedom by Barack Obama 285

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© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

389

Barack Obama

Obama, Barack. From speech delivered at Lincoln Memorial in Washington, DC, August 28, 2013.

To the King family, who have sacrificed and inspired so much; to President Clinton; President Carter; Vice Presi- dent Biden, Jill; fellow Americans.

Five decades ago today, Americans came to this hon- ored place to lay claim to a promise made at our found- ing: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.”

In 1963, almost 200 years after those words were set to paper, a full century after a great war was fought and emancipation proclaimed, that promise—those truths— remained unmet. And so they came by the thousands from every corner of our country, men and women, young and old, Blacks who longed for freedom and Whites who could no longer accept freedom for themselves while wit- nessing the subjugation of others.

Across the land, congregations sent them off with food and with prayer. In the middle of the night, entire blocks of Harlem came out to wish them well. With the few dollars they scrimped from their labor, some bought tickets and boarded buses, even if they couldn’t always sit where they wanted to sit. Those with less money hitch- hiked or walked. They were seamstresses and steelworkers, students and teachers, maids and Pullman porters. They shared simple meals and bunked together on floors. And then, on a hot summer day, they assembled here, in our Nation’s Capital, under the shadow of the Great Eman- cipator, to offer testimony of injustice, to petition their Government for redress, and to awaken America’s long- slumbering conscience.

We rightly and best remember Dr. King’s soaring ora- tory that day, how he gave mighty voice to the quiet hopes of millions, how he offered a salvation path for oppressed and oppressors alike. His words belong to the ages, pos- sessing a power and prophecy unmatched in our time.

But we would do well to recall that day itself also belonged to those ordinary people whose names never appeared in the history books, never got on TV. Many had gone to segregated schools and sat at segregated lunch counters. They lived in towns where they couldn’t vote

and cities where their votes didn’t matter. They were cou- ples in love who couldn’t marry, soldiers who fought for freedom abroad that they found denied to them at home. They had seen loved ones beaten and children firehosed, and they had every reason to lash out in anger or resign themselves to a bitter fate.

And yet they chose a different path. In the face of hatred, they prayed for their tormentors. In the face of violence, they stood up and sat in with the moral force of nonviolence. Willingly, they went to jail to protest unjust laws, their cells swelling with the sound of freedom songs. A lifetime of indignities had taught them that no man can take away the dignity and grace that God grants us. They had learned through hard experience what Frederick Douglass once taught: that freedom is not given, it must be won through struggle and discipline, persistence and faith.

That was the spirit they brought here that day. That was the spirit young people like John Lewis brought to that day. That was the spirit that they carried with them, like a torch, back to their cities and their neighborhoods. That steady flame of conscience and courage that would sustain them through the campaigns to come: through boycotts and voter registration drives and smaller marches far from the spotlight; through the loss of four little girls in Birmingham and the carnage of the Edmund Pettus Bridge and the agony of Dallas and California and Memphis. Through setbacks and heartbreaks and gnawing doubt, that flame of justice flickered; it never died.

And because they kept marching, America changed. Because they marched, a civil rights law was passed. Because they marched, a voting rights law was signed. Because they marched, doors of opportunity and educa- tion swung open so their daughters and sons could finally imagine a life for themselves beyond washing somebody else’s laundry or shining somebody else’s shoes. Because they marched, city councils changed, and State legisla- tures changed, and Congress changed, and yes, eventually, the White House changed.

Because they marched, America became more free and more fair, not just for African Americans, but for

Remarks at the “Let Freedom Ring” Ceremony Commemorating the

50th Anniversary of the March on Washington for Jobs and Freedom

284 An Examined Life Critical Thinking and Ethics Let Freedom Ring” Ceremony Commemorating the 50th Anniversary of the March on Washington for Jobs and Freedom by Barack Obama

women and Latinos, Asians and Native Americans; for Catholics, Jews, and Muslims; for gays; for Americans with disabilities. America changed for you and for me. And the entire world drew strength from that example, whether the young people who watched from the other side of an Iron Curtain and would eventually tear down that wall or the young people inside South Africa who would eventu- ally end the scourge of apartheid.

Those are the victories they won with iron wills and hope in their hearts. That is the transformation that they wrought with each step of their well-worn shoes. That’s the debt that I and millions of Americans owe those maids, those laborers, those porters, those secretaries—folks who could have run a company maybe if they had ever had a chance; those White students who put themselves in harm’s way, even though they didn’t have to; those Japa- nese Americans who recalled their own internment; those Jewish Americans who had survived the Holocaust; people who could have given up and given in, but kept on keep- ing on, knowing that “weeping may endure for a night, but joy cometh in the morning.”

On the battlefield of justice, men and women with- out rank or wealth or title or fame would liberate us all in ways that our children now take for granted, as people of all colors and creeds live together and learn together and walk together and fight alongside one another and love one another and judge one another by the content of our character in this greatest nation on Earth.

To dismiss the magnitude of this progress—to sug- gest, as some sometimes do, that little has changed—that dishonors the courage and the sacrifice of those who paid the price to march in those years. Medgar Evers, James Chaney, Andrew Goodman, Michael Schwerner, Martin Luther King, Jr.—they did not die in vain. Their victory was great.

But we would dishonor those heroes as well to sug- gest that the work of this Nation is somehow complete. The arc of the moral universe may bend towards justice, but it doesn’t bend on its own. To secure the gains that this country has made requires constant vigilance, not complacency. Whether by challenging those who erect new barriers to the vote or ensuring that the scales of jus- tice work equally for all and the criminal justice system is not simply a pipeline from underfunded schools to over- crowded jails, it requires vigilance.

And we’ll suffer the occasional setback. But we will win these fights. This country has changed too much. Peo- ple of good will, regardless of party, are too plentiful for those with ill will to change history’s currents.

In some ways, though, the securing of civil rights, voting rights, the eradication of legalized discrimination, the very significance of these victories may have obscured a second goal of the march. For the men and women who gathered 50 years ago were not there in search of some abstract ideal. They were there seeking jobs as well as jus- tice, not just the absence of oppression, but the presence of economic opportunity.

For what does it profit a man, Dr. King would ask, to sit at an integrated lunch counter if he can’t afford the meal? This idea—that one’s liberty is linked to one’s liveli- hood, that the pursuit of happiness requires the dignity of work, the skills to find work, decent pay, some measure of material security—this idea was not new. Lincoln him- self understood the Declaration of Independence in such terms, as a promise that in due time, “the weights should be lifted from the shoulders of all men, and that all should have an equal chance.”

And Dr. King explained that the goals of African Americans were identical to working people of all races: “Decent wages, fair working conditions, livable housing, old-age security, health and welfare measures, conditions in which families can grow, have education for their chil- dren, and respect in the community.”

What King was describing has been the dream of every American. It’s what’s lured for centuries new arrivals to our shores. And it’s along this second dimension—of economic opportunity, the chance through honest toil to advance one’s station in life—where the goals of 50 years ago have fallen most short.

Yes, there have been examples of success within Black America that would have been unimaginable a half century ago. But as has already been noted: Black unem- ployment has remained almost twice as high as White employment, Latino unemployment close behind. The gap in wealth between races has not lessened, it’s grown. And as President Clinton indicated, the position of all working Americans, regardless of color, has eroded, mak- ing the dream Dr. King described even more elusive.

For over a decade, working Americans of all races have seen their wages and incomes stagnate, even as corporate profits soar, even as the pay of a fortunate few explodes. Inequality has steadily risen over the decades. Upward mobility has become harder. In too many com- munities across this country, in cities and suburbs and rural hamlets, the shadow of poverty casts a pall over our youth, their lives a fortress of substandard schools and diminished prospects, inadequate health care and peren- nial violence.

And so as we mark this anniversary, we must remind ourselves that the measure of progress for those who marched 50 years ago was not merely how many Blacks could join the ranks of millionaires. It was whether this country would admit all people who are willing to work hard, regardless of race, into the ranks of a middle class life.

The test was not and never has been whether the doors of opportunity are cracked a bit wider for a few. It was whether our economic system provides a fair shot for the many: for the Black custodian and the White steel- worker, the immigrant dishwasher and the Native Ameri- can veteran. To win that battle, to answer that call—this remains our great unfinished business.

We shouldn’t fool ourselves: The task will not be easy. Since 1963, the economy has changed. The twin forces of technology and global competition have subtracted

Remarks at the "Let Freedom Ring" Ceremony Commemorating the 50th Anniversary of the March on Washington for Jobs and Freedom by Barack Obama 285

15_bos5511X_Ch13_p384-415.indd 389 7/24/14 10:07 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics390 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

those jobs that once provided a foothold into the mid- dle class, reduced the bargaining power of American work- ers. And our politics has suffered. Entrenched interests, those who benefit from an unjust status quo, resisted any government efforts to give working families a fair deal, marshaling an army of lobbyists and opinion makers to argue that minimum wage increases or stronger labor laws or taxes on the wealthy who could afford it just to fund crumbling schools, that all these things violated sound economic principles. We’d be told that growing inequality was a price for a growing economy, a measure of this free market, that greed was good and compassion ineffective, and that those without jobs or health care had only them- selves to blame.

And then, there were those elected officials who found it useful to practice the old politics of division, doing their best to convince middle class Americans of a great untruth: that government was somehow itself to blame for their growing economic insecurity; that distant bureaucrats were taking their hard-earned dollars to ben- efit the welfare cheat or the illegal immigrant.

And then, if we’re honest with ourselves, we’ll admit that during the course of 50 years, there were times when some of us claiming to push for change lost our way. The anguish of assassinations set off self-defeating riots. Legitimate grievances against police brutality tipped into excuse-making for criminal behavior. Racial politics could cut both ways, as the transformative message of unity and brotherhood was drowned out by the language of recrim- ination. And what had once been a call for equality of opportunity—the chance for all Americans to work hard and get ahead—was too often framed as a mere desire for government support, as if we had no agency in our own liberation, as if poverty was an excuse for not raising your child and the bigotry of others was reason to give up on yourself.

All of that history is how progress stalled. That’s how hope was diverted. It’s how our country remained divided. But the good news is, just as was true in 1963, we now have a choice. We can continue down our current path, in which the gears of this great democracy grind to a halt and our children accept a life of lower expectations; where politics is a zero-sum game; where a few do very well while struggling families of every race fight over a shrinking eco- nomic pie. That’s one path. Or we can have the courage to change.

The March on Washington teaches us that we are not trapped by the mistakes of history, that we are masters of our fate. But it also teaches us that the promise of this Nation will only be kept when we work together. We’ll have to reignite the embers of empathy and fellow feeling, the coalition of conscience that found expression in this place 50 years ago.

And I believe that spirit is there, that truth force inside each of us. I see it when a White mother recognizes her own daughter in the face of a poor Black child. I see it when the Black youth thinks of his own grandfather in the

dignified steps of an elderly White man. It’s there when the native born recognizes that striving spirit of the new immigrant, when the interracial couple connects the pain of a gay couple who are discriminated against and under- stands it as their own.

That’s where courage comes from: when we turn not from each other or on each other, but towards one another, and we find that we do not walk alone. That’s where courage comes from. And with that courage, we can stand together for good jobs and just wages. With that courage, we can stand together for the right to health care in the richest nation on Earth for every person. With that courage, we can stand together for the right of every child, from the corners of Anacostia to the hills of Appalachia, to get an education that stirs the mind and captures the spirit and prepares them for the world that awaits them. With that courage, we can feed the hungry and house the homeless and transform bleak wastelands of poverty into fields of commerce and promise.

America, I know the road will be long, but I know we can get there. Yes, we will stumble, but I know we’ll get back up. That’s how a movement happens. That’s how history bends. That’s how, when somebody is faint of heart, somebody else brings them along and says, come on, we’re marching.

There’s a reason why so many who marched that day, and in the days to come, were young. For the young are unconstrained by habits of fear, unconstrained by the conventions of what is. They dared to dream differently, to imagine something better. And I am convinced that same imagination, the same hunger of purpose stirs in this generation.

We might not face the same dangers of 1963, but the fierce urgency of now remains. We may never duplicate the swelling crowds and dazzling procession of that day so long ago—no one can match King’s brilliance—but the same flame that lit the heart of all who are willing to take a first step for justice, I know that flame remains.

That tireless teacher who gets to class early and stays late and dips into her own pocket to buy supplies because she believes that every child is her charge, she’s marching.

That successful businessman who doesn’t have to, but pays his workers a fair wage and then offers a shot to a man, maybe an ex-con who is down on his luck, he’s marching.

The mother who pours her love into her daughter so that she grows up with the confidence to walk through the same doors as anybody’s son, she’s marching.

The father who realizes the most important job he’ll ever have is raising his boy right, even if he didn’t have a father—especially if he didn’t have a father at home—he’s marching.

The battle-scarred veterans who devote themselves not only to helping their fellow warriors stand again and walk again and run again, but to keep serving their coun- try when they come home, they are marching.

286 An Examined Life Critical Thinking and Ethics

Everyone who realizes what those glorious patriots knew on that day, that change does not come from Wash- ington, but to Washington; that change has always been built on our willingness, we the people, to take on the mantle of citizenship, you are marching.

And that’s the lesson of our past. That’s the promise of tomorrow: that in the face of impossible odds, people who love their country can change it. That when millions of Americans of every race and every region, every faith and every station can join together in a spirit of brother- hood, then those mountains will be made low and those rough places will be made plain and those crooked places,

they straighten out towards grace, and we will vindicate the faith of those who sacrificed so much and live up to the true meaning of our creed, as one Nation, under God, indivisible, with liberty and justice for all.

BARACK OBAMA served as U.S. Senator for Illinois prior to defeating John McCain in the 2008 presidential election to become the 44th President of the United States. He is the first African American to hold the position. In 2012, President Obama defeated Republican challenger Mitt Romney to win a second term.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

391

those jobs that once provided a foothold into the mid- dle class, reduced the bargaining power of American work- ers. And our politics has suffered. Entrenched interests, those who benefit from an unjust status quo, resisted any government efforts to give working families a fair deal, marshaling an army of lobbyists and opinion makers to argue that minimum wage increases or stronger labor laws or taxes on the wealthy who could afford it just to fund crumbling schools, that all these things violated sound economic principles. We’d be told that growing inequality was a price for a growing economy, a measure of this free market, that greed was good and compassion ineffective, and that those without jobs or health care had only them- selves to blame.

And then, there were those elected officials who found it useful to practice the old politics of division, doing their best to convince middle class Americans of a great untruth: that government was somehow itself to blame for their growing economic insecurity; that distant bureaucrats were taking their hard-earned dollars to ben- efit the welfare cheat or the illegal immigrant.

And then, if we’re honest with ourselves, we’ll admit that during the course of 50 years, there were times when some of us claiming to push for change lost our way. The anguish of assassinations set off self-defeating riots. Legitimate grievances against police brutality tipped into excuse-making for criminal behavior. Racial politics could cut both ways, as the transformative message of unity and brotherhood was drowned out by the language of recrim- ination. And what had once been a call for equality of opportunity—the chance for all Americans to work hard and get ahead—was too often framed as a mere desire for government support, as if we had no agency in our own liberation, as if poverty was an excuse for not raising your child and the bigotry of others was reason to give up on yourself.

All of that history is how progress stalled. That’s how hope was diverted. It’s how our country remained divided. But the good news is, just as was true in 1963, we now have a choice. We can continue down our current path, in which the gears of this great democracy grind to a halt and our children accept a life of lower expectations; where politics is a zero-sum game; where a few do very well while struggling families of every race fight over a shrinking eco- nomic pie. That’s one path. Or we can have the courage to change.

The March on Washington teaches us that we are not trapped by the mistakes of history, that we are masters of our fate. But it also teaches us that the promise of this Nation will only be kept when we work together. We’ll have to reignite the embers of empathy and fellow feeling, the coalition of conscience that found expression in this place 50 years ago.

And I believe that spirit is there, that truth force inside each of us. I see it when a White mother recognizes her own daughter in the face of a poor Black child. I see it when the Black youth thinks of his own grandfather in the

dignified steps of an elderly White man. It’s there when the native born recognizes that striving spirit of the new immigrant, when the interracial couple connects the pain of a gay couple who are discriminated against and under- stands it as their own.

That’s where courage comes from: when we turn not from each other or on each other, but towards one another, and we find that we do not walk alone. That’s where courage comes from. And with that courage, we can stand together for good jobs and just wages. With that courage, we can stand together for the right to health care in the richest nation on Earth for every person. With that courage, we can stand together for the right of every child, from the corners of Anacostia to the hills of Appalachia, to get an education that stirs the mind and captures the spirit and prepares them for the world that awaits them. With that courage, we can feed the hungry and house the homeless and transform bleak wastelands of poverty into fields of commerce and promise.

America, I know the road will be long, but I know we can get there. Yes, we will stumble, but I know we’ll get back up. That’s how a movement happens. That’s how history bends. That’s how, when somebody is faint of heart, somebody else brings them along and says, come on, we’re marching.

There’s a reason why so many who marched that day, and in the days to come, were young. For the young are unconstrained by habits of fear, unconstrained by the conventions of what is. They dared to dream differently, to imagine something better. And I am convinced that same imagination, the same hunger of purpose stirs in this generation.

We might not face the same dangers of 1963, but the fierce urgency of now remains. We may never duplicate the swelling crowds and dazzling procession of that day so long ago—no one can match King’s brilliance—but the same flame that lit the heart of all who are willing to take a first step for justice, I know that flame remains.

That tireless teacher who gets to class early and stays late and dips into her own pocket to buy supplies because she believes that every child is her charge, she’s marching.

That successful businessman who doesn’t have to, but pays his workers a fair wage and then offers a shot to a man, maybe an ex-con who is down on his luck, he’s marching.

The mother who pours her love into her daughter so that she grows up with the confidence to walk through the same doors as anybody’s son, she’s marching.

The father who realizes the most important job he’ll ever have is raising his boy right, even if he didn’t have a father—especially if he didn’t have a father at home—he’s marching.

The battle-scarred veterans who devote themselves not only to helping their fellow warriors stand again and walk again and run again, but to keep serving their coun- try when they come home, they are marching.

286 An Examined Life Critical Thinking and Ethics Let Freedom Ring” Ceremony Commemorating the 50th Anniversary of the March on Washington for Jobs and Freedom by Barack Obama

Everyone who realizes what those glorious patriots knew on that day, that change does not come from Wash- ington, but to Washington; that change has always been built on our willingness, we the people, to take on the mantle of citizenship, you are marching.

And that’s the lesson of our past. That’s the promise of tomorrow: that in the face of impossible odds, people who love their country can change it. That when millions of Americans of every race and every region, every faith and every station can join together in a spirit of brother- hood, then those mountains will be made low and those rough places will be made plain and those crooked places,

they straighten out towards grace, and we will vindicate the faith of those who sacrificed so much and live up to the true meaning of our creed, as one Nation, under God, indivisible, with liberty and justice for all.

BARACK OBAMA served as U.S. Senator for Illinois prior to defeating John McCain in the 2008 presidential election to become the 44th President of the United States. He is the first African American to hold the position. In 2012, President Obama defeated Republican challenger Mitt Romney to win a second term.

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The Case Against

Affirmative Action

Louis P. Pojman

Louis P. Pojman was born in 1935 in Chicago, Illinois, and grew up in nearby Cicero. In 1967, after completing a Bachelor of Science degree at Nyack College and a Bachelor of Divinity degree at New Brunswick Theological Seminary, he began a joint doctoral program in religion at Columbia University and Union Theological Seminary. In 1969 Pojman went to Europe for two years to study at the University of Copenhagen, Denmark, and the University of Hamburg, Germany. Returning to Columbia University and Union Theological Seminary, he completed his doctorate in theology in 1972. He then decided to earn a doctoral degree in philosophy and enrolled in Oxford University, England, where he both studied philosophy and taught as a lecturer. After receiving his doctorate from Oxford in 1977, Pojman taught for two years at the University of Notre Dame and for five years at the University of Texas at Dallas. In 1984 he accepted an appointment as Associate Professor at the University of Mississippi and was promoted to Professor two years later. In 1995 he became Professor of Philosophy at the United States Military Academy in West Point, New York, and he received the Academy’s Superior Civilian Service Award in 2004. He held Rockefeller, Fulbright, and Oxford University fellowships and served as a visiting scholar at New York University, Princeton University, and Cambridge University. Pojman retired in 2004 and died the following year.

Pojman published over a hundred journal articles and more than twenty books. His scholarly books include Kierkegaard as Philosopher (1978), The Logic of Subjectivity: A Critique of Kierkegaard’s Philosophy of Religion (1984), and Religious Belief and the Will (1986). His textbooks include Ethics: Discovering Right and Wrong (1989; 5th ed., 2005), Global Political Philosophy (2003), and Who Are We? Theories of Human Nature (2005).

This reading is from Pojman’s 1998 article “The Case Against Affirmative Action.” Drawing a distinction between weak affirmative action, which increases the opportunities for people disadvantaged by race, ethnicity, or gender to attain high social positions, and strong affirmative action, which gives preferential treatment to these disadvantaged persons, Pojman limits his discussion to strong affirmative action. He focuses on strong affirmative action with regard to blacks, noting that his arguments also apply to affirma- tive action based on ethnicity and gender. He presents and rebuts six arguments com- monly given to support strong affirmative action: (A) the need for role models, (B) the need to compensate blacks for past racial discrimination, (C) the need for compensa- tion from whites who innocently benefited from past discrimination against blacks, (D) the need to increase diversity in schools and in the workforce, (E) the need for there to be, in high social positions, the same proportion of each race, ethnicity, and gender as there is in the general population, and (F) the claim that since successful whites do not deserve the talents that brought them to their social positions, it is not unjust to give these positions to less qualified blacks. Pojman then presents and accepts three arguments against strong affirmative action: (A) it requires discrimination against a different group, (B) it encourages mediocrity and incompetence, and (C) it prevents those with the highest merit from holding the highest social positions.

Louis P. Pojman, “The Case Against Affirmative Action,” International Journal of Applied Philosophy, vol. 12, no. 1 (Spring 1998), pp. 97–115. © 1998 International Journal of Applied Philosophy. Reprinted by permission.

288 An Examined Life Critical Thinking and Ethics

. . . Before analyzing arguments concerning affirmative action, I must define my terms. By weak affirmative action I mean policies that will increase the opportunities of disadvantaged people to attain social goods and offices. It includes the dismantling of segregated institutions, widespread advertise- ment to groups not previously represented in certain privileged positions, special scholarships for the disadvantaged classes (for example, the poor, regardless of race or gender), and even using diversity or underrepresenta- tion of groups or history of past discrimination as a tiebreaker when candi- dates for these goods and offices are relatively equal. The goal of weak affirmative action is equal opportunity to compete, not equal results. We seek to provide each citizen regardless of race or gender a fair chance to the most favored positions in society. There is no more moral requirement to guarantee that 12 percent of professors are black than to guarantee that 85 percent of the players in the National Basketball Association are white.

By strong affirmative action I mean preferential treatment on the basis of race, ethnicity, or gender (or some other morally irrelevant criterion), dis- criminating in favor of underrepresented groups against overrepresented groups, aiming at roughly equal results. Strong affirmative action is reverse discrimination. It says it is right to do wrong to correct a wrong. It is the pol- icy that is currently being promoted under the name of affirmative action, so I will use that term . . . throughout this essay to stand for this version of affirmative action. I will not argue for or against the principle of weak affir- mative action. Indeed, I think it has some moral weight. Strong affirmative action has none, or so I will argue.

In what follows I will mainly concentrate on affirmative action policies with regard to race, but the arguments can be extended to cover ethnicity and gender. I think that if a case for affirmative action can be made, it will be as a corrective to racial oppression. I will examine nine arguments regarding affirmative action. The first six will be negative, attempting to show that the best arguments for affirmative action fail. The last three will be positive arguments for policies opposing affirmative action:

I. A Critique of Arguments for Affirmative Action

A. The Need for Role Models

This argument is straightforward. We all have need of role models, and it helps to know that others like us can be successful. We learn and are encour- aged to strive for excellence by emulating our heroes and “our kind of peo- ple” who have succeeded.

In the first place, it’s not clear that role models of one’s own racial or sexual type are necessary (let alone sufficient) for success. One of my heroes was Gandhi, an Indian Hindu, another was my grade school science teacher, Miss DeVoe, and another was Martin Luther King, behind whom I marched in civil rights demonstrations. More important than having role models of one’s “own type” is having genuinely good people, of whatever race or gen- der, to emulate. Our common humanity should be a sufficient basis for us to see the possibility of success in people of virtue and merit. To yield to the

The Case Against Affirmative Action (selection): Reading 289

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© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

The Case Against Affirmative Action (selection): Reading 393

The Case Against

Affirmative Action

Louis P. Pojman

Louis P. Pojman was born in 1935 in Chicago, Illinois, and grew up in nearby Cicero. In 1967, after completing a Bachelor of Science degree at Nyack College and a Bachelor of Divinity degree at New Brunswick Theological Seminary, he began a joint doctoral program in religion at Columbia University and Union Theological Seminary. In 1969 Pojman went to Europe for two years to study at the University of Copenhagen, Denmark, and the University of Hamburg, Germany. Returning to Columbia University and Union Theological Seminary, he completed his doctorate in theology in 1972. He then decided to earn a doctoral degree in philosophy and enrolled in Oxford University, England, where he both studied philosophy and taught as a lecturer. After receiving his doctorate from Oxford in 1977, Pojman taught for two years at the University of Notre Dame and for five years at the University of Texas at Dallas. In 1984 he accepted an appointment as Associate Professor at the University of Mississippi and was promoted to Professor two years later. In 1995 he became Professor of Philosophy at the United States Military Academy in West Point, New York, and he received the Academy’s Superior Civilian Service Award in 2004. He held Rockefeller, Fulbright, and Oxford University fellowships and served as a visiting scholar at New York University, Princeton University, and Cambridge University. Pojman retired in 2004 and died the following year.

Pojman published over a hundred journal articles and more than twenty books. His scholarly books include Kierkegaard as Philosopher (1978), The Logic of Subjectivity: A Critique of Kierkegaard’s Philosophy of Religion (1984), and Religious Belief and the Will (1986). His textbooks include Ethics: Discovering Right and Wrong (1989; 5th ed., 2005), Global Political Philosophy (2003), and Who Are We? Theories of Human Nature (2005).

This reading is from Pojman’s 1998 article “The Case Against Affirmative Action.” Drawing a distinction between weak affirmative action, which increases the opportunities for people disadvantaged by race, ethnicity, or gender to attain high social positions, and strong affirmative action, which gives preferential treatment to these disadvantaged persons, Pojman limits his discussion to strong affirmative action. He focuses on strong affirmative action with regard to blacks, noting that his arguments also apply to affirma- tive action based on ethnicity and gender. He presents and rebuts six arguments com- monly given to support strong affirmative action: (A) the need for role models, (B) the need to compensate blacks for past racial discrimination, (C) the need for compensa- tion from whites who innocently benefited from past discrimination against blacks, (D) the need to increase diversity in schools and in the workforce, (E) the need for there to be, in high social positions, the same proportion of each race, ethnicity, and gender as there is in the general population, and (F) the claim that since successful whites do not deserve the talents that brought them to their social positions, it is not unjust to give these positions to less qualified blacks. Pojman then presents and accepts three arguments against strong affirmative action: (A) it requires discrimination against a different group, (B) it encourages mediocrity and incompetence, and (C) it prevents those with the highest merit from holding the highest social positions.

Louis P. Pojman, “The Case Against Affirmative Action,” International Journal of Applied Philosophy, vol. 12, no. 1 (Spring 1998), pp. 97–115. © 1998 International Journal of Applied Philosophy. Reprinted by permission.

288 An Examined Life Critical Thinking and Ethics

. . . Before analyzing arguments concerning affirmative action, I must define my terms. By weak affirmative action I mean policies that will increase the opportunities of disadvantaged people to attain social goods and offices. It includes the dismantling of segregated institutions, widespread advertise- ment to groups not previously represented in certain privileged positions, special scholarships for the disadvantaged classes (for example, the poor, regardless of race or gender), and even using diversity or underrepresenta- tion of groups or history of past discrimination as a tiebreaker when candi- dates for these goods and offices are relatively equal. The goal of weak affirmative action is equal opportunity to compete, not equal results. We seek to provide each citizen regardless of race or gender a fair chance to the most favored positions in society. There is no more moral requirement to guarantee that 12 percent of professors are black than to guarantee that 85 percent of the players in the National Basketball Association are white.

By strong affirmative action I mean preferential treatment on the basis of race, ethnicity, or gender (or some other morally irrelevant criterion), dis- criminating in favor of underrepresented groups against overrepresented groups, aiming at roughly equal results. Strong affirmative action is reverse discrimination. It says it is right to do wrong to correct a wrong. It is the pol- icy that is currently being promoted under the name of affirmative action, so I will use that term . . . throughout this essay to stand for this version of affirmative action. I will not argue for or against the principle of weak affir- mative action. Indeed, I think it has some moral weight. Strong affirmative action has none, or so I will argue.

In what follows I will mainly concentrate on affirmative action policies with regard to race, but the arguments can be extended to cover ethnicity and gender. I think that if a case for affirmative action can be made, it will be as a corrective to racial oppression. I will examine nine arguments regarding affirmative action. The first six will be negative, attempting to show that the best arguments for affirmative action fail. The last three will be positive arguments for policies opposing affirmative action:

I. A Critique of Arguments for Affirmative Action

A. The Need for Role Models

This argument is straightforward. We all have need of role models, and it helps to know that others like us can be successful. We learn and are encour- aged to strive for excellence by emulating our heroes and “our kind of peo- ple” who have succeeded.

In the first place, it’s not clear that role models of one’s own racial or sexual type are necessary (let alone sufficient) for success. One of my heroes was Gandhi, an Indian Hindu, another was my grade school science teacher, Miss DeVoe, and another was Martin Luther King, behind whom I marched in civil rights demonstrations. More important than having role models of one’s “own type” is having genuinely good people, of whatever race or gen- der, to emulate. Our common humanity should be a sufficient basis for us to see the possibility of success in people of virtue and merit. To yield to the

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics394 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

demand, however tempting it may be to do so, for “role models just like us” is to treat people as means, not ends. It is to elevate morally irrelevant par- ticularity over relevant traits, such as ability and integrity. We don’t need people exactly like us to find inspiration. As Steve Allen1 once quipped, “If I had to follow a role model exactly, I would have become a nun.” . . .

B. The Compensation Argument

The argument goes like this: Blacks have been wronged and severely harmed by whites. Therefore white society should compensate blacks for the injury caused them. Reverse discrimination in terms of preferential hir- ing, contracts, and scholarships is a fitting way to compensate for the past wrongs. . . .

There may be something intuitively compelling about compensating members of an oppressed group who are minimally qualified. Suppose that the Hatfields and the McCoys are enemy clans and some youths from the Hatfields go over and steal diamonds and gold from the McCoys, distribut- ing it within the Hatfield economy. Even though we do not know which Hatfield youths did the stealing, we would want to restore the wealth, as far as possible, to the McCoys. One way might be to tax the Hatfields, but another might be to give preferential treatment in terms of scholarships and training programs and hiring to the McCoys.

This is perhaps the strongest argument for affirmative action, and it may well justify some weaker versions of affirmative action, but it is doubtful whether it is sufficient to justify strong versions with quotas and goals and timetables in skilled positions. There are at least two reasons for this. First, we have no way of knowing how many people of any given group would have achieved some given level of competence had the world been different. . . . Secondly, the normal criterion of competence is a strong prima facie2 con- sideration when the most important positions are at stake. There are three reasons for this: (1) Treating people according to their merits respects them as persons, as ends in themselves, rather than as means to social ends. (If we believe that individuals possess a dignity that deserves to be respected, then we ought to treat that individual on the basis of his or her merits, not as a mere instrument for social policy.) (2) Society has given people expecta- tions that if they attain certain levels of excellence they will be awarded appropriately. (3) Filling the most important positions with the best quali- fied is the best way to insure efficiency in job-related areas and in society in general. These reasons are not absolutes; they can be overridden. But there is a strong presumption in their favor so that a burden of proof rests with those who would override them.

At this point we get into the problem of whether innocent nonblacks should have to pay a penalty in terms of preferential hiring of blacks. We turn to that argument.

290 An Examined Life Critical Thinking and Ethics

C. The Argument for Compensation from Those Who Innocently Benefited from

Past Injustice

Young white males as innocent beneficiaries of unjust discrimination of blacks and women have no grounds for complaint when society seeks to level the tilted field. They may be innocent of oppressing blacks, other minorities, and women, but they have unjustly benefited from that oppres- sion or discrimination. So it is perfectly proper that less qualified women and blacks be hired before them.

The operative principle is: He who knowingly and willingly benefits from a wrong must help pay for the wrong. Judith Jarvis Thomson puts it this way: “Many [white males] have been direct beneficiaries of policies that have downgraded blacks and women . . . and even those who did not directly benefit . . . had, at any rate, the advantage in the competition that comes of the confidence in one’s full membership [in the community], and of one’s right being recognized as a matter of course.”3 That is, white males obtain advantages in self-respect and self-confidence deriving from a racist/sexist system that denies these to blacks and women.

Here is my response to this argument: . . . Compensation is normally individual and specific. If A harms B regarding x, B has a right to compen- sation from A in regard to x. If A steals B’s car and wrecks it, A has an obli- gation to compensate B for the stolen car, but A’s son has no obligation to compensate B. Furthermore, if A dies or disappears, B has no moral right to claim that society compensate him for the stolen car—though, if he has insurance, he can make such a claim to the insurance company. Sometimes a wrong cannot be compensated, and we just have to make the best of an imperfect world.

Suppose my parents, divining that I would grow up to have an unsur- passable desire to be a basketball player, bought an expensive growth hor- mone for me. Unfortunately, a neighbor stole it and gave it to little Michael, who gained the extra 13 inches—my 13 inches—and shot up to an enviable 6 feet 6 inches. Michael, better known as Michael Jordan,4 would have been a runt like me but for his luck. As it is, he profited from the injustice and excelled in basketball, as I would have done had I had my proper dose.

Do I have a right to the millions of dollars that Jordan made as a pro- fessional basketball player—the unjustly innocent beneficiary of my growth hormone? I have a right to something from the neighbor who stole the hor- mone, and it might be kind of Jordan to give me free tickets to the [Chicago] Bulls’ basketball games, and perhaps I should be remembered in his will. As far as I can see, however, he does not owe me anything, either legally or morally.

Suppose further that Michael Jordan and I are in high school together and we are both qualified to play basketball, only he is far better than I. Do I deserve to start in his position because I would have been as good as he is had someone not cheated me as a child? Again, I think not. But if Jordan’s being the lucky beneficiary of wrongdoing does not entail that he (or the

The Case Against Affirmative Action (selection): Reading 291

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

The Case Against Affirmative Action (selection): Reading 395

demand, however tempting it may be to do so, for “role models just like us” is to treat people as means, not ends. It is to elevate morally irrelevant par- ticularity over relevant traits, such as ability and integrity. We don’t need people exactly like us to find inspiration. As Steve Allen1 once quipped, “If I had to follow a role model exactly, I would have become a nun.” . . .

B. The Compensation Argument

The argument goes like this: Blacks have been wronged and severely harmed by whites. Therefore white society should compensate blacks for the injury caused them. Reverse discrimination in terms of preferential hir- ing, contracts, and scholarships is a fitting way to compensate for the past wrongs. . . .

There may be something intuitively compelling about compensating members of an oppressed group who are minimally qualified. Suppose that the Hatfields and the McCoys are enemy clans and some youths from the Hatfields go over and steal diamonds and gold from the McCoys, distribut- ing it within the Hatfield economy. Even though we do not know which Hatfield youths did the stealing, we would want to restore the wealth, as far as possible, to the McCoys. One way might be to tax the Hatfields, but another might be to give preferential treatment in terms of scholarships and training programs and hiring to the McCoys.

This is perhaps the strongest argument for affirmative action, and it may well justify some weaker versions of affirmative action, but it is doubtful whether it is sufficient to justify strong versions with quotas and goals and timetables in skilled positions. There are at least two reasons for this. First, we have no way of knowing how many people of any given group would have achieved some given level of competence had the world been different. . . . Secondly, the normal criterion of competence is a strong prima facie2 con- sideration when the most important positions are at stake. There are three reasons for this: (1) Treating people according to their merits respects them as persons, as ends in themselves, rather than as means to social ends. (If we believe that individuals possess a dignity that deserves to be respected, then we ought to treat that individual on the basis of his or her merits, not as a mere instrument for social policy.) (2) Society has given people expecta- tions that if they attain certain levels of excellence they will be awarded appropriately. (3) Filling the most important positions with the best quali- fied is the best way to insure efficiency in job-related areas and in society in general. These reasons are not absolutes; they can be overridden. But there is a strong presumption in their favor so that a burden of proof rests with those who would override them.

At this point we get into the problem of whether innocent nonblacks should have to pay a penalty in terms of preferential hiring of blacks. We turn to that argument.

290 An Examined Life Critical Thinking and Ethics

C. The Argument for Compensation from Those Who Innocently Benefited from

Past Injustice

Young white males as innocent beneficiaries of unjust discrimination of blacks and women have no grounds for complaint when society seeks to level the tilted field. They may be innocent of oppressing blacks, other minorities, and women, but they have unjustly benefited from that oppres- sion or discrimination. So it is perfectly proper that less qualified women and blacks be hired before them.

The operative principle is: He who knowingly and willingly benefits from a wrong must help pay for the wrong. Judith Jarvis Thomson puts it this way: “Many [white males] have been direct beneficiaries of policies that have downgraded blacks and women . . . and even those who did not directly benefit . . . had, at any rate, the advantage in the competition that comes of the confidence in one’s full membership [in the community], and of one’s right being recognized as a matter of course.”3 That is, white males obtain advantages in self-respect and self-confidence deriving from a racist/sexist system that denies these to blacks and women.

Here is my response to this argument: . . . Compensation is normally individual and specific. If A harms B regarding x, B has a right to compen- sation from A in regard to x. If A steals B’s car and wrecks it, A has an obli- gation to compensate B for the stolen car, but A’s son has no obligation to compensate B. Furthermore, if A dies or disappears, B has no moral right to claim that society compensate him for the stolen car—though, if he has insurance, he can make such a claim to the insurance company. Sometimes a wrong cannot be compensated, and we just have to make the best of an imperfect world.

Suppose my parents, divining that I would grow up to have an unsur- passable desire to be a basketball player, bought an expensive growth hor- mone for me. Unfortunately, a neighbor stole it and gave it to little Michael, who gained the extra 13 inches—my 13 inches—and shot up to an enviable 6 feet 6 inches. Michael, better known as Michael Jordan,4 would have been a runt like me but for his luck. As it is, he profited from the injustice and excelled in basketball, as I would have done had I had my proper dose.

Do I have a right to the millions of dollars that Jordan made as a pro- fessional basketball player—the unjustly innocent beneficiary of my growth hormone? I have a right to something from the neighbor who stole the hor- mone, and it might be kind of Jordan to give me free tickets to the [Chicago] Bulls’ basketball games, and perhaps I should be remembered in his will. As far as I can see, however, he does not owe me anything, either legally or morally.

Suppose further that Michael Jordan and I are in high school together and we are both qualified to play basketball, only he is far better than I. Do I deserve to start in his position because I would have been as good as he is had someone not cheated me as a child? Again, I think not. But if Jordan’s being the lucky beneficiary of wrongdoing does not entail that he (or the

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coach) owes me anything in regard to basketball, why should it be a reason to engage in preferential hiring in academic positions or highly coveted jobs? If minimal qualifications are not adequate to override excellence in basketball, even when the minimality is a consequence of wrongdoing, why should they be adequate in other areas?

D. The Diversity Argument

It is important that we learn to live in a pluralistic world, learning to get along with those of other races and cultures, so we should have schools and employment situations as fully integrated as possible. In a shrinking world, we need to appreciate each other’s culture and specific way of looking at life. Diversity is an important symbol and educative device. Thus, propo- nents of affirmative action argue, preferential treatment is warranted to per- form this role in society.

Once again, there is some truth in these concerns. Diversity of ideas challenges us to scrutinize our own values and beliefs, and diverse customs have aesthetic and moral value, helping us to appreciate the novelty and beauty in life. Diversity may expand our moral horizons. But, again, while we can admit the value of diversity, it hardly seems adequate to override the moral requirement to treat each person with equal respect. Diversity for diversity’s sake is moral promiscuity, since it obfuscates rational distinctions and undermines treating individuals as ends, treating them, instead as mere means (to the goals of social engineering). Furthermore, unless those hired are highly qualified, the diversity factor threatens to become a fetish. At least at the higher levels of business and the professions, competence far out- weighs considerations of diversity. I do not care whether the group of sur- geons operating on me reflect racial or gender balance, but I do care that they are highly qualified. Neither do most football or basketball fans care whether their team reflects ethnic and gender diversity, but whether they are the best combination of players available. And likewise with airplane pilots, military leaders, business executives, and, may I say it, teachers and university professors. . . .

There may be times when diversity may seem to be “crucial” to the well- being of a diverse community, such as a diverse police force. Suppose that white policemen overreact to young black males and the latter group dis- trust white policemen. Hiring more less qualified black policemen, who would relate better to these youth, may have overall utilitarian5 value. But such a move, while we might make it as a lesser evil, could have serious con- sequences in allowing the demographic prejudices to dictate social policy. A better strategy would be to hire the best police—that is, those who can per- form in disciplined, intelligent manner, regardless of their race. A white policeman must be able to arrest a black burglar, even as a black policeman must be able to arrest a white rapist. The quality of the policeman or police- woman, not their race or gender, is what counts.

On the other hand, if the black policeman, though lacking formal skills of the white policeman, really is able to do a better job in the black com-

292 An Examined Life Critical Thinking and Ethics

munity, this might constitute a case of merit, not affirmative action. This is similar to the legitimacy of hiring Chinese men to act as undercover agents in Chinatown.6

E. The Equal Results Argument

Some philosophers and social scientists hold that human nature is roughly identical, so that on a fair playing field the same proportion from every race and ethnic group and both genders would attain to the highest positions in every area of endeavor. It would follow that any inequality of results itself is evidence for inequality of opportunity.

History [writes John Arthur] is important when considering governmental rules like Test 217 because low scores by blacks can be traced in large measure to the legacy of slavery and racism: Segregation, poor schooling, exclusion from trade unions, malnutrition, and poverty have all played their roles. Unless one assumes that blacks are naturally less able to pass the test, the conclusion must be that the results are themselves socially and legally constructed, not a mere given for which law and soci- ety can claim no responsibility.

The conclusion seems to be that genuine equality eventually requires equal results. Obviously blacks have been treated unequally throughout U.S. history, and just as obviously the economic and psychological effects of that inequality linger to this day, showing up in lower income and poorer performance in school and on tests than whites achieve. Since we have no reason to believe that differences in per- formance can be explained by factors other than history, equal results are a good benchmark by which to measure progress made toward genuine equality.8

Sterling Harwood seems to support a similar theory when he writes, “When will [affirmative action] end? When will affirmative action stop com- pensating blacks? As soon as the unfair advantage is gone, affirmative action will stop. The elimination of the unfair advantage can be determined by showing that the percentage of blacks hired and admitted at least roughly equaled the percentage of blacks in the population.”9

Albert G. Mosley develops a similar argument. “Establishing blacks’ presence at a level commensurate with their proportion in the relevant labor market need not be seen as an attempt to actualize some valid pre- diction. Rather, given the impossibility of determining what level of repre- sentation blacks would have achieved were it not for racial discrimination, the assumption of proportional representation is the only fair assumption to make. This is not to argue that blacks should be maintained in such posi- tions, but their contrived exclusion merits equally contrived rectification.”10

The result of a just society should be equal numbers in proportion to each group in the work force.

However, Arthur, Mosley, and Harwood fail even to consider studies that suggest that there are innate differences between races, sexes, and groups. If there are genetic differences in intelligence and temperament within families, why should we not expect such differences between racial groups and the two genders? Why should the evidence for this be com- pletely discounted?

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© The McGraw−Hill Companies, 2006

The Case Against Affirmative Action (selection): Reading 397

coach) owes me anything in regard to basketball, why should it be a reason to engage in preferential hiring in academic positions or highly coveted jobs? If minimal qualifications are not adequate to override excellence in basketball, even when the minimality is a consequence of wrongdoing, why should they be adequate in other areas?

D. The Diversity Argument

It is important that we learn to live in a pluralistic world, learning to get along with those of other races and cultures, so we should have schools and employment situations as fully integrated as possible. In a shrinking world, we need to appreciate each other’s culture and specific way of looking at life. Diversity is an important symbol and educative device. Thus, propo- nents of affirmative action argue, preferential treatment is warranted to per- form this role in society.

Once again, there is some truth in these concerns. Diversity of ideas challenges us to scrutinize our own values and beliefs, and diverse customs have aesthetic and moral value, helping us to appreciate the novelty and beauty in life. Diversity may expand our moral horizons. But, again, while we can admit the value of diversity, it hardly seems adequate to override the moral requirement to treat each person with equal respect. Diversity for diversity’s sake is moral promiscuity, since it obfuscates rational distinctions and undermines treating individuals as ends, treating them, instead as mere means (to the goals of social engineering). Furthermore, unless those hired are highly qualified, the diversity factor threatens to become a fetish. At least at the higher levels of business and the professions, competence far out- weighs considerations of diversity. I do not care whether the group of sur- geons operating on me reflect racial or gender balance, but I do care that they are highly qualified. Neither do most football or basketball fans care whether their team reflects ethnic and gender diversity, but whether they are the best combination of players available. And likewise with airplane pilots, military leaders, business executives, and, may I say it, teachers and university professors. . . .

There may be times when diversity may seem to be “crucial” to the well- being of a diverse community, such as a diverse police force. Suppose that white policemen overreact to young black males and the latter group dis- trust white policemen. Hiring more less qualified black policemen, who would relate better to these youth, may have overall utilitarian5 value. But such a move, while we might make it as a lesser evil, could have serious con- sequences in allowing the demographic prejudices to dictate social policy. A better strategy would be to hire the best police—that is, those who can per- form in disciplined, intelligent manner, regardless of their race. A white policeman must be able to arrest a black burglar, even as a black policeman must be able to arrest a white rapist. The quality of the policeman or police- woman, not their race or gender, is what counts.

On the other hand, if the black policeman, though lacking formal skills of the white policeman, really is able to do a better job in the black com-

292 An Examined Life Critical Thinking and Ethics

munity, this might constitute a case of merit, not affirmative action. This is similar to the legitimacy of hiring Chinese men to act as undercover agents in Chinatown.6

E. The Equal Results Argument

Some philosophers and social scientists hold that human nature is roughly identical, so that on a fair playing field the same proportion from every race and ethnic group and both genders would attain to the highest positions in every area of endeavor. It would follow that any inequality of results itself is evidence for inequality of opportunity.

History [writes John Arthur] is important when considering governmental rules like Test 217 because low scores by blacks can be traced in large measure to the legacy of slavery and racism: Segregation, poor schooling, exclusion from trade unions, malnutrition, and poverty have all played their roles. Unless one assumes that blacks are naturally less able to pass the test, the conclusion must be that the results are themselves socially and legally constructed, not a mere given for which law and soci- ety can claim no responsibility.

The conclusion seems to be that genuine equality eventually requires equal results. Obviously blacks have been treated unequally throughout U.S. history, and just as obviously the economic and psychological effects of that inequality linger to this day, showing up in lower income and poorer performance in school and on tests than whites achieve. Since we have no reason to believe that differences in per- formance can be explained by factors other than history, equal results are a good benchmark by which to measure progress made toward genuine equality.8

Sterling Harwood seems to support a similar theory when he writes, “When will [affirmative action] end? When will affirmative action stop com- pensating blacks? As soon as the unfair advantage is gone, affirmative action will stop. The elimination of the unfair advantage can be determined by showing that the percentage of blacks hired and admitted at least roughly equaled the percentage of blacks in the population.”9

Albert G. Mosley develops a similar argument. “Establishing blacks’ presence at a level commensurate with their proportion in the relevant labor market need not be seen as an attempt to actualize some valid pre- diction. Rather, given the impossibility of determining what level of repre- sentation blacks would have achieved were it not for racial discrimination, the assumption of proportional representation is the only fair assumption to make. This is not to argue that blacks should be maintained in such posi- tions, but their contrived exclusion merits equally contrived rectification.”10

The result of a just society should be equal numbers in proportion to each group in the work force.

However, Arthur, Mosley, and Harwood fail even to consider studies that suggest that there are innate differences between races, sexes, and groups. If there are genetic differences in intelligence and temperament within families, why should we not expect such differences between racial groups and the two genders? Why should the evidence for this be com- pletely discounted?

The Case Against Affirmative Action (selection): Reading 293

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics398 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Mosley’s reasoning is as follows: Since we don’t know for certain whether groups proportionately differ in talent, we should presume that they are equal in every respect. So we should presume that if we were living in a just society, there would be roughly proportionate representation in every field (for example, equal representation of doctors, lawyers, profes- sors, carpenters, airplane pilots, basketball players, and criminals). Hence, it is only fair—productive of justice—to aim at proportionate representation in these fields.

But the logic is flawed. Under a situation of ignorance we should not presume equality or inequality of representation, but conclude that we don’t know what the results would be in a just society. Ignorance doesn’t favor equal group representation any more than it favors unequal group representation. It is neutral between them. . . .

On the logic of Mosley and company, we should take aggressive affirma- tive action against Asians and Jews since they are overrepresented in science, technology, and medicine, and we should presume that Asians and Jews are no more talented than average. So that each group receives its fair share, we should ensure that 12 percent of the philosophers in the United States are black, reduce the percentage of Jews from an estimated 15 percent to 2 percent—firing about 1,300 Jewish philosophers. The fact that Asians are producing 50 percent of PhDs in science and math in this country and blacks less than 1 percent clearly shows, on this reasoning, that we are providing special secret advantages to Asians. By this logic, we should reduce the quota of blacks in the National Basketball Association to 12 percent.

But why does society have to enter into this results game in the first place? Why do we have to decide whether all difference is environmental or genetic? Perhaps we should simply admit that we lack sufficient evidence to pronounce on these issues with any certainty. . . .

F. The “No One Deserves His Talents” Argument Against Meritocracy

According to this argument, the competent do not deserve their intelli- gence, their superior character, their industriousness, or their discipline; therefore they have no right to the best positions in society; therefore it is not unjust to give these positions to less (but still minimally) qualified blacks and women. In one form this argument holds that since no one deserves anything, society may use any criteria it pleases to distribute goods. The cri- terion most often designated is social utility. . . .

Just because I do not deserve the money that I have been given as a gift (for instance) does not mean that I am not entitled to what I get with that money. If you and I both get a gift of $100 and I bury mine in the sand for 5 years while you invest yours wisely and double its value at the end of five years, I cannot complain that you should split the increase 50/50 since nei- ther of us deserved the original gift. If we accept the notion of responsibil- ity at all, we must hold that persons deserve the fruits of their labor and conscious choices. Of course, we might want to distinguish moral from legal desert and argue that, morally speaking, effort is more important than out-

294 An Examined Life Critical Thinking and Ethics

come, whereas, legally speaking, outcome may be more important. Nevertheless, there are good reasons in terms of efficiency, motivation, and rough justice for holding a strong prima facie principle of giving scarce high positions to those most competent. . . .

We have considered six arguments for affirmative action and have found no compelling case for strong affirmative action and only one plau- sible argument (a version of the compensation argument) for weak affir- mative action. We must now turn to the arguments against affirmative action to see whether they fare any better.

II. Arguments Against Affirmative Action

A. Affirmative Action Requires Discrimination Against a Different Group

Weak affirmative action weakly discriminates against new minorities, mostly innocent young white males, and strong affirmative action strongly discrim- inates against these new minorities. As I argued in Section I.D, this discrim- ination is unwarranted, since, even if some compensation to blacks were indicated, it would be unfair to make innocent white males bear the whole brunt of the payments. . . . Affirmative action simply shifts injustice, setting blacks, Hispanics, Native Americans, Asians, and women against young white males, especially ethnic and poor white males. It makes no more sense to discriminate in favor of a rich black or female who had the opportunity of the best family and education available against a poor white, than it does to discriminate in favor of white males against blacks or women. It does lit- tle to rectify the goal of providing equal opportunity to all. . . .

Respect for persons entails that we treat each person as an end in him- or herself, not simply as a means to be used for social purposes. What is wrong about discrimination against blacks is that it fails to treat black peo- ple as individuals, judging them instead by their skin color not their merit. What is wrong about discrimination against women is that it fails to treat them as individuals, judging them by their gender, not their merit. What is equally wrong about affirmative action is that it fails to treat white males with dignity as individuals, judging them by both their race and gender, instead of their merit. Present affirmative action is both racist and sexist.

B. Affirmative Action Encourages Mediocrity and Incompetence

. . . Government programs of enforced preferential treatment tend to appeal to the lowest possible common denominator. Witness the 1974 Department of Health, Education, and Welfare Revised Order No. 14 on affirmative action expectations for preferential hiring: “Neither minorities nor female employees should be required to possess higher qualifications than those of the lowest qualified incumbents.” Furthermore, no test may be given to candidates unless it is proved to be relevant to the job.

No standard or criteria that have, by intent or effect, worked to exclude women or minorities as a class can be utilized, unless the institution can demonstrate the necessity of such standard to the performance of the job in question.

The Case Against Affirmative Action (selection): Reading 295

15_bos5511X_Ch13_p384-415.indd 398 7/24/14 10:08 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

The Case Against Affirmative Action (selection): Reading 399

Mosley’s reasoning is as follows: Since we don’t know for certain whether groups proportionately differ in talent, we should presume that they are equal in every respect. So we should presume that if we were living in a just society, there would be roughly proportionate representation in every field (for example, equal representation of doctors, lawyers, profes- sors, carpenters, airplane pilots, basketball players, and criminals). Hence, it is only fair—productive of justice—to aim at proportionate representation in these fields.

But the logic is flawed. Under a situation of ignorance we should not presume equality or inequality of representation, but conclude that we don’t know what the results would be in a just society. Ignorance doesn’t favor equal group representation any more than it favors unequal group representation. It is neutral between them. . . .

On the logic of Mosley and company, we should take aggressive affirma- tive action against Asians and Jews since they are overrepresented in science, technology, and medicine, and we should presume that Asians and Jews are no more talented than average. So that each group receives its fair share, we should ensure that 12 percent of the philosophers in the United States are black, reduce the percentage of Jews from an estimated 15 percent to 2 percent—firing about 1,300 Jewish philosophers. The fact that Asians are producing 50 percent of PhDs in science and math in this country and blacks less than 1 percent clearly shows, on this reasoning, that we are providing special secret advantages to Asians. By this logic, we should reduce the quota of blacks in the National Basketball Association to 12 percent.

But why does society have to enter into this results game in the first place? Why do we have to decide whether all difference is environmental or genetic? Perhaps we should simply admit that we lack sufficient evidence to pronounce on these issues with any certainty. . . .

F. The “No One Deserves His Talents” Argument Against Meritocracy

According to this argument, the competent do not deserve their intelli- gence, their superior character, their industriousness, or their discipline; therefore they have no right to the best positions in society; therefore it is not unjust to give these positions to less (but still minimally) qualified blacks and women. In one form this argument holds that since no one deserves anything, society may use any criteria it pleases to distribute goods. The cri- terion most often designated is social utility. . . .

Just because I do not deserve the money that I have been given as a gift (for instance) does not mean that I am not entitled to what I get with that money. If you and I both get a gift of $100 and I bury mine in the sand for 5 years while you invest yours wisely and double its value at the end of five years, I cannot complain that you should split the increase 50/50 since nei- ther of us deserved the original gift. If we accept the notion of responsibil- ity at all, we must hold that persons deserve the fruits of their labor and conscious choices. Of course, we might want to distinguish moral from legal desert and argue that, morally speaking, effort is more important than out-

294 An Examined Life Critical Thinking and Ethics

come, whereas, legally speaking, outcome may be more important. Nevertheless, there are good reasons in terms of efficiency, motivation, and rough justice for holding a strong prima facie principle of giving scarce high positions to those most competent. . . .

We have considered six arguments for affirmative action and have found no compelling case for strong affirmative action and only one plau- sible argument (a version of the compensation argument) for weak affir- mative action. We must now turn to the arguments against affirmative action to see whether they fare any better.

II. Arguments Against Affirmative Action

A. Affirmative Action Requires Discrimination Against a Different Group

Weak affirmative action weakly discriminates against new minorities, mostly innocent young white males, and strong affirmative action strongly discrim- inates against these new minorities. As I argued in Section I.D, this discrim- ination is unwarranted, since, even if some compensation to blacks were indicated, it would be unfair to make innocent white males bear the whole brunt of the payments. . . . Affirmative action simply shifts injustice, setting blacks, Hispanics, Native Americans, Asians, and women against young white males, especially ethnic and poor white males. It makes no more sense to discriminate in favor of a rich black or female who had the opportunity of the best family and education available against a poor white, than it does to discriminate in favor of white males against blacks or women. It does lit- tle to rectify the goal of providing equal opportunity to all. . . .

Respect for persons entails that we treat each person as an end in him- or herself, not simply as a means to be used for social purposes. What is wrong about discrimination against blacks is that it fails to treat black peo- ple as individuals, judging them instead by their skin color not their merit. What is wrong about discrimination against women is that it fails to treat them as individuals, judging them by their gender, not their merit. What is equally wrong about affirmative action is that it fails to treat white males with dignity as individuals, judging them by both their race and gender, instead of their merit. Present affirmative action is both racist and sexist.

B. Affirmative Action Encourages Mediocrity and Incompetence

. . . Government programs of enforced preferential treatment tend to appeal to the lowest possible common denominator. Witness the 1974 Department of Health, Education, and Welfare Revised Order No. 14 on affirmative action expectations for preferential hiring: “Neither minorities nor female employees should be required to possess higher qualifications than those of the lowest qualified incumbents.” Furthermore, no test may be given to candidates unless it is proved to be relevant to the job.

No standard or criteria that have, by intent or effect, worked to exclude women or minorities as a class can be utilized, unless the institution can demonstrate the necessity of such standard to the performance of the job in question.

The Case Against Affirmative Action (selection): Reading 295

15_bos5511X_Ch13_p384-415.indd 399 7/24/14 10:08 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics400 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Whenever a validity study is called for, . . . the user should include . . . an inves- tigation of suitable alternative selection procedures and suitable alternative methods of using the selection procedure that have as little adverse impact as possible. . . . Whenever the user is shown an alternative selection procedure with evi- dence of less adverse impact and substantial evidence of validity for the same job in similar circumstances, the user should investigate it to determine the appropriate- ness of using or validating it in accord with these guidelines.

C. An Argument from the Principle of Merit

Traditionally, we have believed that the highest positions in society should be awarded to those who are best qualified. The Qur’an states, “A ruler who appoints any man to an office, when there is in his dominion another man better qualified for it, sins against God and against the state.” Rewarding excellence both seems just to the individuals in the competition and makes for efficiency. . . . Merit is not an absolute value, but there are strong prima facie reasons for awarding positions on its basis, and it should enjoy a weighty presumption in our social practices. . . .

We generally want the best to have the best positions, the best qualified candidate to win the political office, the most brilliant and competent sci- entist to be chosen for the most challenging research project, the best qual- ified pilots to become commercial pilots, only the best soldiers to become generals. . . .

No one is calling for quotas or proportional representation of under- utilized groups in the National Basketball Association, where blacks make up 80 percent of the players. But surely, if merit and merit alone reigns in sports, should it not be valued at least as much in education and industry?

The case for meritocracy has two pillars. One pillar is a deontological11

argument that holds that we ought to treat people as ends and not merely means. By giving people what they deserve as individuals, rather than as members of groups, we show respect for their inherent worth. If you and I take a test, and you get 95 percent of the answers correct and I only get 50 percent correct, it would be unfair to you to give both of us the same grade, say an A, and even more unfair to give me a higher grade A+ than your B+. . . .

The second pillar for meritocracy is utilitarian: In the end, we will be better off by honoring excellence. We want the best leaders, teachers, police officers, physicians, generals, lawyers, and airplane pilots that we can possi- bly produce in society. So our program should be to promote equal oppor- tunity, as much as is feasible in a free market economy, and reward people according to their individual merit.

Conclusion

Let me sum up my discussion. The goal of the civil rights movement and of moral people everywhere has been justice for all, including equal opportu- nity. The question is: how best to get there. Civil rights legislation removed the legal barriers, opening the way toward equal opportunity, but it did not tackle the deeper causes that produce differential results. Weak affirmative

296 An Examined Life Critical Thinking and Ethics

action aims at encouraging minorities in striving for the highest positions without unduly jeopardizing the rights of majorities. The problem of weak affirmative action is that it easily slides into strong affirmative action where quotas, “goals and time-tables,” “equal results”—in a word, reverse discrim- ination—prevail and are forced onto groups, thus promoting mediocrity, inefficiency, and resentment. Furthermore, affirmative action aims at the higher levels of society—universities and skilled jobs—but if we want to improve our society, the best way to do it is to concentrate on families, chil- dren, early education, and the like, so all are prepared to avail themselves of opportunity. Affirmative action, on the one hand, is too much, too soon; and on the other hand, too little, too late. . . .

Martin Luther12 said that humanity is like a man mounting a horse who always tends to fall off on the other side of the horse. This seems to be the case with affirmative action. Attempting to redress the discriminatory iniq- uities of our history, our well-intentioned social engineers now engage in new forms of discriminatory iniquity and thereby think that they have suc- cessfully mounted the horse of racial harmony. They have only fallen off on the other side of the issue.

� N O T E S

1. Steve Allen (1921–2000) was an American radio and television host and comedian. [D. C. ABEL, EDITOR]

2. prima facie: (Latin, “at first glance”) on first appearance [D. C. ABEL] 3. Judith Jarvis Thomson, “Preferential Hiring,” Philosophy and Public

Affairs 2 (Summer 1973): 383–384. [L. P. POJMAN] 4. Michael Jordan (born 1963) is a former American professional basket-

ball player. [D. C. ABEL] 5. utilitarian: relating to utilitarianism, the doctrine that one should always

act in a way that maximizes “utility,” which is understood as the greatest good for the greatest number [D. C. ABEL]

6. Stephen Kershnar pointed this out in written comments (December 22, 1997). [L. P. POJMAN]

7. Test 21: a test of primarily written and verbal skills administered to prospective government employees [D. C. ABEL]

8. John Arthur, The Unfinished Constitution: Philosophy and Constitutional Practice (Belmont, Calif.: Wadsworth Publishing, 1989), p. 238 [L. P. POJMAN]

9. Sterling Harwood, “The Justice of Affirmative Action,” in The Bill of Rights: Bicentennial Reflections, ed. Yeager Hudson and Creighton Peden (Lewiston, N.Y.: Edwin Mellen Press, 1993) [L. P. POJMAN]

10. Albert G. Mosley, “Affirmative Action: Pro,” in Albert G. Mosley and Nicholas Capaldi, Affirmative Action: Social Justice or Unfair Preference? (Lanham, Md.: Rowman & Littlefield, 1996), p. 28 [L. P. POJMAN]

The Case Against Affirmative Action (selection): Reading 297

15_bos5511X_Ch13_p384-415.indd 400 7/24/14 10:08 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

The Case Against Affirmative Action (selection): Reading 401

Whenever a validity study is called for, . . . the user should include . . . an inves- tigation of suitable alternative selection procedures and suitable alternative methods of using the selection procedure that have as little adverse impact as possible. . . . Whenever the user is shown an alternative selection procedure with evi- dence of less adverse impact and substantial evidence of validity for the same job in similar circumstances, the user should investigate it to determine the appropriate- ness of using or validating it in accord with these guidelines.

C. An Argument from the Principle of Merit

Traditionally, we have believed that the highest positions in society should be awarded to those who are best qualified. The Qur’an states, “A ruler who appoints any man to an office, when there is in his dominion another man better qualified for it, sins against God and against the state.” Rewarding excellence both seems just to the individuals in the competition and makes for efficiency. . . . Merit is not an absolute value, but there are strong prima facie reasons for awarding positions on its basis, and it should enjoy a weighty presumption in our social practices. . . .

We generally want the best to have the best positions, the best qualified candidate to win the political office, the most brilliant and competent sci- entist to be chosen for the most challenging research project, the best qual- ified pilots to become commercial pilots, only the best soldiers to become generals. . . .

No one is calling for quotas or proportional representation of under- utilized groups in the National Basketball Association, where blacks make up 80 percent of the players. But surely, if merit and merit alone reigns in sports, should it not be valued at least as much in education and industry?

The case for meritocracy has two pillars. One pillar is a deontological11

argument that holds that we ought to treat people as ends and not merely means. By giving people what they deserve as individuals, rather than as members of groups, we show respect for their inherent worth. If you and I take a test, and you get 95 percent of the answers correct and I only get 50 percent correct, it would be unfair to you to give both of us the same grade, say an A, and even more unfair to give me a higher grade A+ than your B+. . . .

The second pillar for meritocracy is utilitarian: In the end, we will be better off by honoring excellence. We want the best leaders, teachers, police officers, physicians, generals, lawyers, and airplane pilots that we can possi- bly produce in society. So our program should be to promote equal oppor- tunity, as much as is feasible in a free market economy, and reward people according to their individual merit.

Conclusion

Let me sum up my discussion. The goal of the civil rights movement and of moral people everywhere has been justice for all, including equal opportu- nity. The question is: how best to get there. Civil rights legislation removed the legal barriers, opening the way toward equal opportunity, but it did not tackle the deeper causes that produce differential results. Weak affirmative

296 An Examined Life Critical Thinking and Ethics

action aims at encouraging minorities in striving for the highest positions without unduly jeopardizing the rights of majorities. The problem of weak affirmative action is that it easily slides into strong affirmative action where quotas, “goals and time-tables,” “equal results”—in a word, reverse discrim- ination—prevail and are forced onto groups, thus promoting mediocrity, inefficiency, and resentment. Furthermore, affirmative action aims at the higher levels of society—universities and skilled jobs—but if we want to improve our society, the best way to do it is to concentrate on families, chil- dren, early education, and the like, so all are prepared to avail themselves of opportunity. Affirmative action, on the one hand, is too much, too soon; and on the other hand, too little, too late. . . .

Martin Luther12 said that humanity is like a man mounting a horse who always tends to fall off on the other side of the horse. This seems to be the case with affirmative action. Attempting to redress the discriminatory iniq- uities of our history, our well-intentioned social engineers now engage in new forms of discriminatory iniquity and thereby think that they have suc- cessfully mounted the horse of racial harmony. They have only fallen off on the other side of the issue.

� N O T E S

1. Steve Allen (1921–2000) was an American radio and television host and comedian. [D. C. ABEL, EDITOR]

2. prima facie: (Latin, “at first glance”) on first appearance [D. C. ABEL] 3. Judith Jarvis Thomson, “Preferential Hiring,” Philosophy and Public

Affairs 2 (Summer 1973): 383–384. [L. P. POJMAN] 4. Michael Jordan (born 1963) is a former American professional basket-

ball player. [D. C. ABEL] 5. utilitarian: relating to utilitarianism, the doctrine that one should always

act in a way that maximizes “utility,” which is understood as the greatest good for the greatest number [D. C. ABEL]

6. Stephen Kershnar pointed this out in written comments (December 22, 1997). [L. P. POJMAN]

7. Test 21: a test of primarily written and verbal skills administered to prospective government employees [D. C. ABEL]

8. John Arthur, The Unfinished Constitution: Philosophy and Constitutional Practice (Belmont, Calif.: Wadsworth Publishing, 1989), p. 238 [L. P. POJMAN]

9. Sterling Harwood, “The Justice of Affirmative Action,” in The Bill of Rights: Bicentennial Reflections, ed. Yeager Hudson and Creighton Peden (Lewiston, N.Y.: Edwin Mellen Press, 1993) [L. P. POJMAN]

10. Albert G. Mosley, “Affirmative Action: Pro,” in Albert G. Mosley and Nicholas Capaldi, Affirmative Action: Social Justice or Unfair Preference? (Lanham, Md.: Rowman & Littlefield, 1996), p. 28 [L. P. POJMAN]

The Case Against Affirmative Action (selection): Reading 297

15_bos5511X_Ch13_p384-415.indd 401 7/24/14 10:08 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics402 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

11. deontological: relating to deontology, the doctrine that the morality of an action is determined by its intrinsic quality [D. C. ABEL]

12. Martin Luther (1483–1546) was a German Reformation leader. [D. C. ABEL]

298 An Examined Life Critical Thinking and Ethics

“The way to stop discrimination on the basis of race is to stop discriminating on the

basis of race.” U.S. Supreme Court Chief Justice John Roberts

Affirmative Action:

Pro

Albert G. Mosley

Albert G. Mosley was born in 1941 in Dyersburg, Tennessee. He attended the University of Wisconsin–Madison, where he received a bachelor’s degree in mathematics in 1963 and completed his doctorate in philosophy in 1975. He was appointed Professor of Philosophy at the University of the District of Columbia in 1980. Mosley became Professor of Philosophy at Ohio University ten years later, where he received the Golden Apple Award from the Center for Teaching Excellence in 1999. Since 2000 he has been Professor of Philosophy at Smith College, Northampton, Massachusetts. In addition to publishing journal articles, encyclopedia entries, and book chapters, Mosley is the author of Introduction to Logic from Everyday Life to Formal Systems (1989), editor of African Philosophy: Selected Readings (1995), and coauthor (with Nicholas Capaldi) of Affirmative Action: Social Justice or Unfair Preference? (1996).

This reading is an excerpt from “Affirmative Action: Pro,” an essay in Affirmative Action: Social Justice or Unfair Preference? Mosley argues that governments and their con- stituents have a moral obligation to make restitution for past injustices to minorities and women. More specifically, governments and their constituents must try to return victims of discrimination to the situations they would have been in had the discrimina- tion not occurred. With regard to employment, this means that a business that has, in the past, hired a white job applicant instead of a more qualified black applicant on racial grounds, has an obligation, in the future, to make restitution by hiring a less qualified black applicant instead of a more qualified white applicant. Businesses should continue hiring blacks in proportion to the percentage of its labor force that blacks would have had if there had been no past discrimination. The fairest way to estimate this percentage is to base it on their proportion in the relevant labor market. While the individual blacks who benefit from affirmative action are usually not the same persons who were the victims of racial discrimination in the past, this is not unfair because, just as individual cases of discrimination in the past were directed not only at those individ- uals but to blacks as a group, the benefits of affirmative action should be extended to blacks as a group. At the end of his essay, Mosley rejects the argument that affirmative action perpetuates the myth of black inferiority by causing those hired under affirma- tive action policies to be seen as individuals who cannot “make it on their own.”

Albert G. Mosley, “Affirmative Action: Pro” from Albert G. Mosley and Nicholas Capaldi, Affirmative Action: Social Justice or Unfair Preference? pp. 23–53. Copyright © 1996 by Rowman & Littlefield Publishers, Inc. Reprinted by permission of the publisher.

Affirmative Action: Pro (selection): Reading 299

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

403Affirmative Action: Pro (selection): Reading

11. deontological: relating to deontology, the doctrine that the morality of an action is determined by its intrinsic quality [D. C. ABEL]

12. Martin Luther (1483–1546) was a German Reformation leader. [D. C. ABEL]

298 An Examined Life Critical Thinking and Ethics

Affirmative Action:

Pro

Albert G. Mosley

Albert G. Mosley was born in 1941 in Dyersburg, Tennessee. He attended the University of Wisconsin–Madison, where he received a bachelor’s degree in mathematics in 1963 and completed his doctorate in philosophy in 1975. He was appointed Professor of Philosophy at the University of the District of Columbia in 1980. Mosley became Professor of Philosophy at Ohio University ten years later, where he received the Golden Apple Award from the Center for Teaching Excellence in 1999. Since 2000 he has been Professor of Philosophy at Smith College, Northampton, Massachusetts. In addition to publishing journal articles, encyclopedia entries, and book chapters, Mosley is the author of Introduction to Logic from Everyday Life to Formal Systems (1989), editor of African Philosophy: Selected Readings (1995), and coauthor (with Nicholas Capaldi) of Affirmative Action: Social Justice or Unfair Preference? (1996).

This reading is an excerpt from “Affirmative Action: Pro,” an essay in Affirmative Action: Social Justice or Unfair Preference? Mosley argues that governments and their con- stituents have a moral obligation to make restitution for past injustices to minorities and women. More specifically, governments and their constituents must try to return victims of discrimination to the situations they would have been in had the discrimina- tion not occurred. With regard to employment, this means that a business that has, in the past, hired a white job applicant instead of a more qualified black applicant on racial grounds, has an obligation, in the future, to make restitution by hiring a less qualified black applicant instead of a more qualified white applicant. Businesses should continue hiring blacks in proportion to the percentage of its labor force that blacks would have had if there had been no past discrimination. The fairest way to estimate this percentage is to base it on their proportion in the relevant labor market. While the individual blacks who benefit from affirmative action are usually not the same persons who were the victims of racial discrimination in the past, this is not unfair because, just as individual cases of discrimination in the past were directed not only at those individ- uals but to blacks as a group, the benefits of affirmative action should be extended to blacks as a group. At the end of his essay, Mosley rejects the argument that affirmative action perpetuates the myth of black inferiority by causing those hired under affirma- tive action policies to be seen as individuals who cannot “make it on their own.”

Albert G. Mosley, “Affirmative Action: Pro” from Albert G. Mosley and Nicholas Capaldi, Affirmative Action: Social Justice or Unfair Preference? pp. 23–53. Copyright © 1996 by Rowman & Littlefield Publishers, Inc. Reprinted by permission of the publisher.

Affirmative Action: Pro (selection): Reading 299

15_bos5511X_Ch13_p384-415.indd 403 7/24/14 10:08 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics404 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Conceptual Issues

There are many interests that governments pursue—maximization of social production; equitable distribution of rights, opportunities, and services; social safety and cohesion; restitution—and those interests may conflict in various situations. In particular, governments as well as their constituents have a prima facie1 obligation to satisfy the liabilities they incur. One such liability derives from past and present unjust exclusionary acts depriving minorities and women of opportunities and amenities made available to other groups.

“Backward-looking” arguments defend affirmative action as a matter of corrective justice, where paradigmatically the harm-doer is to make restitution to the harmed so as to put the harmed in the position the harmed most likely would have occupied had the harm not occurred. An important part of making restitution is the acknowledgment it provides that the actions causing injury were unjust and such actions will be curtailed and corrected. In this regard Bernard R. Boxill writes:

Without the acknowledgement of error [on his part], the injurer implies that the injured has been treated in a manner that befits him. . . . In such a case, even if the unjust party [has made compensation for] the damage he has caused, justice does not obtain between himself and the victim. For, if it is true that when someone has done his duty [of compensation], nothing can be demanded of him, it follows that if, in my estimation, I have acted dutifully even when someone is injured as a result, then I must feel that nothing can be demanded of me and that any repairs I may make are gratuitous.. . . .

[In addition to compensation], justice requires that we acknowledge that our treatment of others [as equals] can be required of us; thus, where an unjust injury has occurred, the injurer reaffirms his belief in the other’s equality by conceding that repair can be demanded of him, and the injured rejects the allegation of his inferiority . . . by demanding reparation.2

This view is based on the idea that restitution is a basic moral principle that creates obligations that are just as strong as the obligations to maximize wealth and distribute it fairly. If X has deprived Y of opportunities Y had a right not to be deprived of in this manner, then X is obligated to return Y to the position Y would have occupied had X not intervened; X has this obligation irrespective of other obligations X may have. This can be illus- trated another way as follows: Suppose Y is deprived of T by X and we deter- mine retroactively that Y had a right to T. Then X has an obligation to return T to Y or provide Y with something else of equal value to T. In other words, X has an obligation to correct his or her effect on Y and restore Y’s losses.

A slightly different case illustrates a further point. Suppose X deprives Y of the use of Y’s car for a day without Y’s consent, and suppose further that X’s use of the car produces $100 while Y’s use of the car would have pro- duced only $50. Insofar as an act is justified if it increases social utility, X is justified in having taken Y’s car. At most, X need only provide Y with the value ($50) that Y would have received if X had not taken the car. If Y would

300 An Examined Life Critical Thinking and Ethics

not have used the car at all, presumably X would owe Y only the depreciated value of the car resulting from its extra use. But though X increases social utility, X also deprives Y of the exclusive use of Y’s private property. And to the extent that we consider the right of exclusive use important, it is wrong for X to profit from benefits that derive from X’s enrichment through a vio- lation of Y’s rights.

A further application of this principle involves the case where X is not a person but an entity, like a government or a business. If Y was unjustly deprived of employment when firm F hired Z instead of Y because Z was white and Y black, then Y has a right to be made whole—that is, brought to the position he or she would have achieved had that deprivation not occurred. Typically, this involves giving Y a position at least as good as the one he or she would have acquired originally and issuing back pay in the amount that Y would have received had he or she been hired at the time of the initial attempt.

Most critics of preferential treatment acknowledge the applicability of principles of restitution to individuals in specific instances of discrimina- tion. The strongest case is where Y was as, or more, qualified than Z in the initial competition, but the position was given to Z because Y was black and Z was white. Subsequently, Y may not be as qualified for an equivalent posi- tion as some new candidate Z′, but is given preference because of the past act of discrimination by F that deprived Y of the position he or she otherwise would have received.

Some critics have suggested that, in such cases, Z′ is being treated unfairly. For Z′, as the most qualified applicant, has a right not to be excluded from the position in question purely on the basis of race; and Y has a right to restitution for having unjustly been denied the position in the past. But the dilemma is one in appearance only. For having unjustly excluded Y in the past, the current position that Z′ has applied for is not one that F is free to offer to the public. It is a position that is already owed to Y, and is not available for open competition. Judith Jarvis Thomson makes a similar point:

Suppose two candidates [A and B] for a civil service job have equally good test scores, but there is only one job available. We could decide between them by coin- tossing. But in fact we do allow for declaring for A straightway, where A is a veteran, and B is not. It may be that B is a nonveteran through no fault of his own. . . . Yet the fact is that B is not a veteran and A is. On the assumption that the veteran has served his country, the country owes him something. And it is plain that giving him preference is not an unjust way in which part of that debt of gratitude can be paid.3

In a similar way, individual blacks who have suffered from acts of unjust discrimination are owed something by the perpetrator(s) of such acts, and this debt takes precedence over the perpetrator’s right to use his or her options to hire the most qualified person for the position in question. Many white males have developed expectations about the likelihood of their being selected for educational, employment, and entrepreneurial opportu-

Affirmative Action: Pro (selection): Reading 301

15_bos5511X_Ch13_p384-415.indd 404 7/24/14 10:08 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

405

Conceptual Issues

There are many interests that governments pursue—maximization of social production; equitable distribution of rights, opportunities, and services; social safety and cohesion; restitution—and those interests may conflict in various situations. In particular, governments as well as their constituents have a prima facie1 obligation to satisfy the liabilities they incur. One such liability derives from past and present unjust exclusionary acts depriving minorities and women of opportunities and amenities made available to other groups.

“Backward-looking” arguments defend affirmative action as a matter of corrective justice, where paradigmatically the harm-doer is to make restitution to the harmed so as to put the harmed in the position the harmed most likely would have occupied had the harm not occurred. An important part of making restitution is the acknowledgment it provides that the actions causing injury were unjust and such actions will be curtailed and corrected. In this regard Bernard R. Boxill writes:

Without the acknowledgement of error [on his part], the injurer implies that the injured has been treated in a manner that befits him. . . . In such a case, even if the unjust party [has made compensation for] the damage he has caused, justice does not obtain between himself and the victim. For, if it is true that when someone has done his duty [of compensation], nothing can be demanded of him, it follows that if, in my estimation, I have acted dutifully even when someone is injured as a result, then I must feel that nothing can be demanded of me and that any repairs I may make are gratuitous.. . . .

[In addition to compensation], justice requires that we acknowledge that our treatment of others [as equals] can be required of us; thus, where an unjust injury has occurred, the injurer reaffirms his belief in the other’s equality by conceding that repair can be demanded of him, and the injured rejects the allegation of his inferiority . . . by demanding reparation.2

This view is based on the idea that restitution is a basic moral principle that creates obligations that are just as strong as the obligations to maximize wealth and distribute it fairly. If X has deprived Y of opportunities Y had a right not to be deprived of in this manner, then X is obligated to return Y to the position Y would have occupied had X not intervened; X has this obligation irrespective of other obligations X may have. This can be illus- trated another way as follows: Suppose Y is deprived of T by X and we deter- mine retroactively that Y had a right to T. Then X has an obligation to return T to Y or provide Y with something else of equal value to T. In other words, X has an obligation to correct his or her effect on Y and restore Y’s losses.

A slightly different case illustrates a further point. Suppose X deprives Y of the use of Y’s car for a day without Y’s consent, and suppose further that X’s use of the car produces $100 while Y’s use of the car would have pro- duced only $50. Insofar as an act is justified if it increases social utility, X is justified in having taken Y’s car. At most, X need only provide Y with the value ($50) that Y would have received if X had not taken the car. If Y would

300 An Examined Life Critical Thinking and Ethics Affirmative Action: Pro (selection): Reading

not have used the car at all, presumably X would owe Y only the depreciated value of the car resulting from its extra use. But though X increases social utility, X also deprives Y of the exclusive use of Y’s private property. And to the extent that we consider the right of exclusive use important, it is wrong for X to profit from benefits that derive from X’s enrichment through a vio- lation of Y’s rights.

A further application of this principle involves the case where X is not a person but an entity, like a government or a business. If Y was unjustly deprived of employment when firm F hired Z instead of Y because Z was white and Y black, then Y has a right to be made whole—that is, brought to the position he or she would have achieved had that deprivation not occurred. Typically, this involves giving Y a position at least as good as the one he or she would have acquired originally and issuing back pay in the amount that Y would have received had he or she been hired at the time of the initial attempt.

Most critics of preferential treatment acknowledge the applicability of principles of restitution to individuals in specific instances of discrimina- tion. The strongest case is where Y was as, or more, qualified than Z in the initial competition, but the position was given to Z because Y was black and Z was white. Subsequently, Y may not be as qualified for an equivalent posi- tion as some new candidate Z′, but is given preference because of the past act of discrimination by F that deprived Y of the position he or she otherwise would have received.

Some critics have suggested that, in such cases, Z′ is being treated unfairly. For Z′, as the most qualified applicant, has a right not to be excluded from the position in question purely on the basis of race; and Y has a right to restitution for having unjustly been denied the position in the past. But the dilemma is one in appearance only. For having unjustly excluded Y in the past, the current position that Z′ has applied for is not one that F is free to offer to the public. It is a position that is already owed to Y, and is not available for open competition. Judith Jarvis Thomson makes a similar point:

Suppose two candidates [A and B] for a civil service job have equally good test scores, but there is only one job available. We could decide between them by coin- tossing. But in fact we do allow for declaring for A straightway, where A is a veteran, and B is not. It may be that B is a nonveteran through no fault of his own. . . . Yet the fact is that B is not a veteran and A is. On the assumption that the veteran has served his country, the country owes him something. And it is plain that giving him preference is not an unjust way in which part of that debt of gratitude can be paid.3

In a similar way, individual blacks who have suffered from acts of unjust discrimination are owed something by the perpetrator(s) of such acts, and this debt takes precedence over the perpetrator’s right to use his or her options to hire the most qualified person for the position in question. Many white males have developed expectations about the likelihood of their being selected for educational, employment, and entrepreneurial opportu-

Affirmative Action: Pro (selection): Reading 301

15_bos5511X_Ch13_p384-415.indd 405 7/24/14 10:08 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics406 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

nities that are realistic only because of the general exclusion of women and nonwhites as competitors for such positions. Individuals enjoying inflated odds of obtaining such opportunities because of racist and sexist practices are recipients of an “unjust enrichment.”

Redistributing opportunities would clearly curtail benefits that many have come to expect. And given the frustration of their traditional expecta- tions, it is understandable that they would feel resentment. But blocking tra- ditional expectations is not unjust if those expectations conflict with the equally important moral duties of restitution and just distribution. It is a question, not of “is,” but of “ought”; not “Do those with decreased opportu- nities as a result of affirmative action feel resentment?” but “Should those with decreased opportunities as a result of affirmative action feel resent- ment?”

White males who are affected by such redistributions may be innocent in the sense that they have not practiced overt acts of racial discrimination, have developed reasonable expectations based on the status quo, and have exerted efforts that, given the status quo, would normally have resulted in their achieving certain rewards. Their life plans and interests are thus thwarted despite their having met all of the standards “normally” required for the achievement of their goals. Clearly, disappointment is not unnatural or irrational. Nonetheless, the resentment is not sufficiently justified if the competing moral claims of restitution and fair distribution have equal or even greater weight.

Since Title VII [of the Civil Rights Act of 1964] protects bona fide seniority plans, it forces the burden of rectification to be borne by whites who are entering the labor force rather than whites who are the direct ben- eficiaries of past discriminatory practices. Given this limitation placed on affirmative action remedies, the burden of social restitution may, in many cases, be borne by those who were not directly involved in past discrimina- tory practices. But it is generally not true that those burdened have not ben- efited at all from past discriminatory practices. For the latent effects of acts of invidious racial discrimination have plausibly bolstered and encouraged the efforts of whites in roughly the same proportion as it inhibited and dis- couraged the efforts of blacks. Such considerations are also applicable to cases where F discriminated against Y in favor of Z, but the make-whole rem- edy involves providing compensation to Y ′ rather than Y. This suggests that Y ′ is an undeserving beneficiary of the preferential treatment meant to com- pensate for the unjust discrimination against Y, just as Z′ before appeared to be the innocent victim forced to bear the burden that Z benefited from. Many critics have argued that this misappropriation of benefits and burdens demonstrates the unfairness of compensation to groups rather than indi- viduals. But it is important that the context and rationale for such remedies be appreciated.

In cases of “egregious” racial discrimination, not only is it true that F dis- criminated against a particular black person Y, but F’s discrimination adver-

302 An Examined Life Critical Thinking and Ethics

tised a general disposition to discriminate against any other black person who might seek such positions. The specific effect of F’s unjust discrimina- tion was that Y was refused a position he or she would otherwise have received. The latent (or dispositional) effect of F’s unjust discrimination was that many blacks who otherwise would have sought such positions were dis- couraged from doing so. Thus, even if the specific Y actually discriminated against can no longer be compensated, F has an obligation to take affirma- tive action to communicate to blacks as a group that such positions are indeed open to them. After being found in violation of laws prohibiting racial discrimination, many agencies have disclaimed further discrimina- tion while in fact continuing to do so.4 In such cases, the courts have required the discriminating agencies to actually hire and/or promote blacks who may not be as qualified as some current white applicants until blacks approach the proportion in F’s labor force they in all likelihood would have achieved had F’s unjust discriminatory acts not deterred them.

Of course, what this proportion would have been is a matter of specula- tion. It may have been less than the proportion of blacks available in the rel- evant labor pool from which applicants are drawn if factors other than racial discrimination act to depress the merit of such applicants. This point is made again and again by critics. Some, such as Thomas Sowell, argue that cultural factors often mitigate against blacks meriting representation in a particular labor force in proportion to their presence in the pool of candi- dates looking for jobs or seeking promotions.5 Others, such as Michael Levin, argue that cognitive deficits limit blacks from being hired and pro- moted at a rate proportionate to their presence in the relevant labor pool.6

What such critics reject is the assumption that, were it not for pervasive dis- crimination and overexploitation, blacks would be equally represented in the positions in question. What is scarcely considered is the possibility that, were it not for racist exclusions, blacks might be over- rather than under- represented in competitive positions.

Establishing blacks’ presence at a level commensurate with their pro- portion in the relevant labor market need not be seen as an attempt to actu- alize some valid prediction. Rather, given the impossibility of determining what level of representation blacks would have achieved were it not for racist discrimination, the assumption of proportional representation is the only fair assumption to make. This is not to argue that blacks should be main- tained in such positions, but their contrived exclusion merits an equally contrived rectification.

Racist acts excluding blacks affected particular individuals, but were directed at affecting the behavior of the group of all those similar to the vic- tim. Likewise, the benefits of affirmative action policies should not be con- ceived as limited in their effects to the specific individuals receiving them. Rather, those benefits should be conceived as extending to all those identified with the recipient, sending the message that opportunities are indeed avail- able to qualified black candidates who would have been excluded in the past.

Affirmative Action: Pro (selection): Reading 303

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

407

nities that are realistic only because of the general exclusion of women and nonwhites as competitors for such positions. Individuals enjoying inflated odds of obtaining such opportunities because of racist and sexist practices are recipients of an “unjust enrichment.”

Redistributing opportunities would clearly curtail benefits that many have come to expect. And given the frustration of their traditional expecta- tions, it is understandable that they would feel resentment. But blocking tra- ditional expectations is not unjust if those expectations conflict with the equally important moral duties of restitution and just distribution. It is a question, not of “is,” but of “ought”; not “Do those with decreased opportu- nities as a result of affirmative action feel resentment?” but “Should those with decreased opportunities as a result of affirmative action feel resent- ment?”

White males who are affected by such redistributions may be innocent in the sense that they have not practiced overt acts of racial discrimination, have developed reasonable expectations based on the status quo, and have exerted efforts that, given the status quo, would normally have resulted in their achieving certain rewards. Their life plans and interests are thus thwarted despite their having met all of the standards “normally” required for the achievement of their goals. Clearly, disappointment is not unnatural or irrational. Nonetheless, the resentment is not sufficiently justified if the competing moral claims of restitution and fair distribution have equal or even greater weight.

Since Title VII [of the Civil Rights Act of 1964] protects bona fide seniority plans, it forces the burden of rectification to be borne by whites who are entering the labor force rather than whites who are the direct ben- eficiaries of past discriminatory practices. Given this limitation placed on affirmative action remedies, the burden of social restitution may, in many cases, be borne by those who were not directly involved in past discrimina- tory practices. But it is generally not true that those burdened have not ben- efited at all from past discriminatory practices. For the latent effects of acts of invidious racial discrimination have plausibly bolstered and encouraged the efforts of whites in roughly the same proportion as it inhibited and dis- couraged the efforts of blacks. Such considerations are also applicable to cases where F discriminated against Y in favor of Z, but the make-whole rem- edy involves providing compensation to Y ′ rather than Y. This suggests that Y ′ is an undeserving beneficiary of the preferential treatment meant to com- pensate for the unjust discrimination against Y, just as Z′ before appeared to be the innocent victim forced to bear the burden that Z benefited from. Many critics have argued that this misappropriation of benefits and burdens demonstrates the unfairness of compensation to groups rather than indi- viduals. But it is important that the context and rationale for such remedies be appreciated.

In cases of “egregious” racial discrimination, not only is it true that F dis- criminated against a particular black person Y, but F’s discrimination adver-

302 An Examined Life Critical Thinking and Ethics Affirmative Action: Pro (selection): Reading

tised a general disposition to discriminate against any other black person who might seek such positions. The specific effect of F’s unjust discrimina- tion was that Y was refused a position he or she would otherwise have received. The latent (or dispositional) effect of F’s unjust discrimination was that many blacks who otherwise would have sought such positions were dis- couraged from doing so. Thus, even if the specific Y actually discriminated against can no longer be compensated, F has an obligation to take affirma- tive action to communicate to blacks as a group that such positions are indeed open to them. After being found in violation of laws prohibiting racial discrimination, many agencies have disclaimed further discrimina- tion while in fact continuing to do so.4 In such cases, the courts have required the discriminating agencies to actually hire and/or promote blacks who may not be as qualified as some current white applicants until blacks approach the proportion in F’s labor force they in all likelihood would have achieved had F’s unjust discriminatory acts not deterred them.

Of course, what this proportion would have been is a matter of specula- tion. It may have been less than the proportion of blacks available in the rel- evant labor pool from which applicants are drawn if factors other than racial discrimination act to depress the merit of such applicants. This point is made again and again by critics. Some, such as Thomas Sowell, argue that cultural factors often mitigate against blacks meriting representation in a particular labor force in proportion to their presence in the pool of candi- dates looking for jobs or seeking promotions.5 Others, such as Michael Levin, argue that cognitive deficits limit blacks from being hired and pro- moted at a rate proportionate to their presence in the relevant labor pool.6

What such critics reject is the assumption that, were it not for pervasive dis- crimination and overexploitation, blacks would be equally represented in the positions in question. What is scarcely considered is the possibility that, were it not for racist exclusions, blacks might be over- rather than under- represented in competitive positions.

Establishing blacks’ presence at a level commensurate with their pro- portion in the relevant labor market need not be seen as an attempt to actu- alize some valid prediction. Rather, given the impossibility of determining what level of representation blacks would have achieved were it not for racist discrimination, the assumption of proportional representation is the only fair assumption to make. This is not to argue that blacks should be main- tained in such positions, but their contrived exclusion merits an equally contrived rectification.

Racist acts excluding blacks affected particular individuals, but were directed at affecting the behavior of the group of all those similar to the vic- tim. Likewise, the benefits of affirmative action policies should not be con- ceived as limited in their effects to the specific individuals receiving them. Rather, those benefits should be conceived as extending to all those identified with the recipient, sending the message that opportunities are indeed avail- able to qualified black candidates who would have been excluded in the past.

Affirmative Action: Pro (selection): Reading 303

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics408 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Reflecting the view of many critics of preferential treatment, Robert Fullinwider writes:

Surely the most harmed by past employment discrimination are those black men and women over fifty years of age who were denied an adequate education, kept out of the unions, legally excluded from many jobs, who have lived in poverty or close to it, and whose income-producing days are nearly at an end. Preferential hiring programs will have virtually no effect on these people at all. Thus, preferential hir- ing will tend not to benefit those most deserving of compensation.7

Because of the failure to appreciate the latent effects of discriminatory acts, this conclusion is flawed in two important respects. First, it limits the effect of specific acts of discrimination to the specific individuals involved. But the effect on the individual that is the specific object of a racist exclu- sion is not the only effect of that act, and may not be the effect that is most injurious or long-term. For an invidious act affects not only Y, but also Y’s family and friends. And it may well be that the greatest injury is not to Y, but to those who are deprived of sharing not only the specific benefits denied Y, but also the motivation to seek (as Y did) educational and employment opportunities they believe they would be excluded from (as Y was).

Second, the conclusion that “preferential hiring will tend not to benefit those most deserving of compensation” fails to appreciate the extent that helping one member of a group may contribute indirectly to helping other members of that group. Clearly, admitting Y ′ to medical school to compen- sate for not having admitted Y in the past may nonetheless benefit Y by increasing Y’s chance of obtaining medical services that otherwise might not be available.

We should conceive of the purpose of preferential treatment as being to benefit not only the specific individuals directly affected by past racist acts, but also those counterfactually8 indicated in such acts. Affirmative action communicates not only to the specific blacks and whites involved in a par- ticular episode, but to all blacks and whites that invidious racial discrimina- tion is no longer the order of the day. Unless this is recognized, the purpose of preferential treatment will not be understood.

A similar criticism of the argument that preferential policies are a form of group restitution is based on the view that those in the group who have been harmed most by racial discrimination should receive the greatest com- pensation and those harmed least should receive the least compensation. But, it is argued, preferential treatment targets those with highest qualifica- tions in the group and provides them with greater opportunities, while those without minimal qualifications are ignored.

One example of this kind of argument against preferential treatment is illustrated in Justice Stevens’s dissent in the premier case concerning set- asides for minority businesses. The minority business enterprise provision of the Public Works Employment Act of 1977 mandated that at least 10 percent of the funds expended in the implementation of that bill be reserved for minority businesses. In upholding that provision in Fullilove v. Klutznick, the

304 An Examined Life Critical Thinking and Ethics

majority of the Supreme Court agreed that Congress, having established that the federal government had discriminated against minority businesses in the past, had the authority to attempt to rectify this by race-conscious measures intended to correct for past injuries and stop such injuries from being perpetuated into the future.

Justice Stevens dissented from the majority in this case, arguing that set- asides were both overinclusive and underinclusive in that they, as Ellen Frankel Paul puts it, “benefit most those least disadvantaged in the class, and leave the most disadvantaged, and hence the most likely to be still suffering from the effects of past wrongs, with no benefits.”9 In a similar fashion, Alan Goldman argues: “Since hiring within the preferred group still depends upon relative qualifications and hence upon past opportunities for acquir- ing qualifications, there is in fact an inverse ratio established between past discrimination and present benefits, so that those who benefit most from the program, those who actually obtain jobs, are those who deserve to [ben- efit] least.”10

The major flaw I find in such arguments is the misconception that those with the least qualifications are necessarily those who have been harmed most by racial discrimination. Prior to the initiation of affirmative action, we find that the black/white earning ratio was progressively lower the more blacks invested in themselves. That is, the more education a black person had, the lower his or her earnings were relative to the earnings of a white person with a similar level of education. Thus, in 1949 (for men with 1 to 10 years’ experience) a black college graduate (on the average) made 68 per- cent what a comparably educated white man made, while a black high school graduate made 82 percent of what a white high school graduate made. In 1959 a black college graduate (on the average) made 69 percent of the income of the average white college graduate, while the black high school graduate now made only 73 percent of the income of the white high school graduate.11 And in 1959 the average black man with a college degree was earning less than the average white man with only eight years of formal education.12

These figures indicate how, prior to affirmative action, racial discrimi- nation operated to disadvantage blacks with higher levels of education pro- gressively more than it disadvantaged those with less education. That blacks of equal achievement and productivity benefited less than whites of similar qualifications is a well-known feature of slavery and segregation. It is less appreciated that (on the average) benefits decreased with increases in abil- ity, potential, and qualifications relative to similarly situated whites. Providing equal opportunity thus means more than simply moving black people above the poverty line, for this would do nothing for those whose ability would likely have placed them far above the poverty line, were it not for the increasing hostility at higher levels of achievement. While it might appear that black businesspersons have been harmed least by racial dis- crimination, the fact is that many such individuals may in fact have been

Affirmative Action: Pro (selection): Reading 305

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

409

Reflecting the view of many critics of preferential treatment, Robert Fullinwider writes:

Surely the most harmed by past employment discrimination are those black men and women over fifty years of age who were denied an adequate education, kept out of the unions, legally excluded from many jobs, who have lived in poverty or close to it, and whose income-producing days are nearly at an end. Preferential hiring programs will have virtually no effect on these people at all. Thus, preferential hir- ing will tend not to benefit those most deserving of compensation.7

Because of the failure to appreciate the latent effects of discriminatory acts, this conclusion is flawed in two important respects. First, it limits the effect of specific acts of discrimination to the specific individuals involved. But the effect on the individual that is the specific object of a racist exclu- sion is not the only effect of that act, and may not be the effect that is most injurious or long-term. For an invidious act affects not only Y, but also Y’s family and friends. And it may well be that the greatest injury is not to Y, but to those who are deprived of sharing not only the specific benefits denied Y, but also the motivation to seek (as Y did) educational and employment opportunities they believe they would be excluded from (as Y was).

Second, the conclusion that “preferential hiring will tend not to benefit those most deserving of compensation” fails to appreciate the extent that helping one member of a group may contribute indirectly to helping other members of that group. Clearly, admitting Y ′ to medical school to compen- sate for not having admitted Y in the past may nonetheless benefit Y by increasing Y’s chance of obtaining medical services that otherwise might not be available.

We should conceive of the purpose of preferential treatment as being to benefit not only the specific individuals directly affected by past racist acts, but also those counterfactually8 indicated in such acts. Affirmative action communicates not only to the specific blacks and whites involved in a par- ticular episode, but to all blacks and whites that invidious racial discrimina- tion is no longer the order of the day. Unless this is recognized, the purpose of preferential treatment will not be understood.

A similar criticism of the argument that preferential policies are a form of group restitution is based on the view that those in the group who have been harmed most by racial discrimination should receive the greatest com- pensation and those harmed least should receive the least compensation. But, it is argued, preferential treatment targets those with highest qualifica- tions in the group and provides them with greater opportunities, while those without minimal qualifications are ignored.

One example of this kind of argument against preferential treatment is illustrated in Justice Stevens’s dissent in the premier case concerning set- asides for minority businesses. The minority business enterprise provision of the Public Works Employment Act of 1977 mandated that at least 10 percent of the funds expended in the implementation of that bill be reserved for minority businesses. In upholding that provision in Fullilove v. Klutznick, the

304 An Examined Life Critical Thinking and Ethics Affirmative Action: Pro (selection): Reading

majority of the Supreme Court agreed that Congress, having established that the federal government had discriminated against minority businesses in the past, had the authority to attempt to rectify this by race-conscious measures intended to correct for past injuries and stop such injuries from being perpetuated into the future.

Justice Stevens dissented from the majority in this case, arguing that set- asides were both overinclusive and underinclusive in that they, as Ellen Frankel Paul puts it, “benefit most those least disadvantaged in the class, and leave the most disadvantaged, and hence the most likely to be still suffering from the effects of past wrongs, with no benefits.”9 In a similar fashion, Alan Goldman argues: “Since hiring within the preferred group still depends upon relative qualifications and hence upon past opportunities for acquir- ing qualifications, there is in fact an inverse ratio established between past discrimination and present benefits, so that those who benefit most from the program, those who actually obtain jobs, are those who deserve to [ben- efit] least.”10

The major flaw I find in such arguments is the misconception that those with the least qualifications are necessarily those who have been harmed most by racial discrimination. Prior to the initiation of affirmative action, we find that the black/white earning ratio was progressively lower the more blacks invested in themselves. That is, the more education a black person had, the lower his or her earnings were relative to the earnings of a white person with a similar level of education. Thus, in 1949 (for men with 1 to 10 years’ experience) a black college graduate (on the average) made 68 per- cent what a comparably educated white man made, while a black high school graduate made 82 percent of what a white high school graduate made. In 1959 a black college graduate (on the average) made 69 percent of the income of the average white college graduate, while the black high school graduate now made only 73 percent of the income of the white high school graduate.11 And in 1959 the average black man with a college degree was earning less than the average white man with only eight years of formal education.12

These figures indicate how, prior to affirmative action, racial discrimi- nation operated to disadvantage blacks with higher levels of education pro- gressively more than it disadvantaged those with less education. That blacks of equal achievement and productivity benefited less than whites of similar qualifications is a well-known feature of slavery and segregation. It is less appreciated that (on the average) benefits decreased with increases in abil- ity, potential, and qualifications relative to similarly situated whites. Providing equal opportunity thus means more than simply moving black people above the poverty line, for this would do nothing for those whose ability would likely have placed them far above the poverty line, were it not for the increasing hostility at higher levels of achievement. While it might appear that black businesspersons have been harmed least by racial dis- crimination, the fact is that many such individuals may in fact have been

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harmed most, relative to what they could have achieved if racial discrimina- tion had not impeded their efforts.

Of course, there are many among the least well-off who have the poten- tial to have done much better than they have in fact done. This is true for both blacks and whites. Affirmative action attempts to target those whose potential has been depressed as a result of racial discrimination and provide them with opportunities they would not have otherwise. While many blacks among the least well-off would have done better but for racial discrimina- tion, it is equally plausible that many blacks among the most well-off would have done better but for racial discrimination. It follows that equalizing opportunity and erasing the effects of racial discrimination, past and pres- ent, should target both the overrepresentation of blacks among the poor and the underrepresentation of blacks among the well-off.

These considerations are not meant to deny that there may be many rea- sons why a particular individual may have been denied opportunities other than because of racial discrimination. To illustrate, suppose Y goes for a job interview and X, the interviewer, doesn’t like brown-eyed people, and Y hap- pens to be brown-eyed. Interviewer X gives Y a low rating and Y doesn’t get the job, though by “objective” criteria, Y was qualified. Can Y bring suit against X for unjust discrimination? The answer is no. The Civil Rights Acts of 1964, 1972, and 1991 prohibit discrimination on the basis of race, sex, national origin, and religion. There is no prohibition against discrimination on the basis of education, level of skill, or eye color. Education and skill level are used to discriminate between prospective employees, because they are taken to be good indicators of whether the applicant will be able to perform at or above the level required. But eye color does not appear relevant in pre- dicting a person’s future performance (though there might be some cases in which eye color was relevant, for example, as a model for a particular brand of cosmetics), and so our moral intuition is that using this factor in deciding between candidates is a form of unjust discrimination. There is, however, no legal prohibition against discrimination on the basis of eye color.

There are many factors that influence individual prospective employers in choosing between candidates—the way they dress, their posture and demeanor, their choice of cologne, hairstyle, personal relationship to the employer—and many if not most may be totally irrelevant to the person’s ability to perform the job in question. But it is not always immoral to choose a candidate based on factors irrelevant to his or her ability to perform, as in the case of hiring a person because he or she is a close relative. In any case, it would be impossible to identify all such factors and legislate against them.

Civil rights legislation prohibits using factors that historically have been used systematically to exclude certain groups of individuals from opportu- nities generally available to members of other groups. Thus, the disabled have systematically been excluded relative to the physically normal, women excluded relative to men, blacks excluded relative to whites, Muslims and

306 An Examined Life Critical Thinking and Ethics

Jews excluded relative to Christians, and so on. We can expect many individuals equal with respect to their productive

capacity to have been treated unequally by the market because of random factors that influence the choices of decision makers for available opportu- nities. Within both excluded and preferred groups, there will be some who are better off than others, based on random factors that have influenced their economic destiny. But it is only at the level of the group that system- atic as opposed to random factors can be distinguished. Economist Lester Thurow estimates that “70 to 80 percent of the variance in individual earn- ings is caused by factors that are not within the control of even perfect gov- ernmental economic policies,” and he concludes: “The economy will treat different individuals unequally no matter what we do. Only groups can be treated equally.”13

Because of a history of racist exclusion from educational, employment, and investment opportunities, blacks generally have a lower ratio of relevant job-related skills and attitudes than whites. Eliminating racism would do nothing to eliminate this deficit in human capital, which in itself is sufficient to ground a continuing prejudice against blacks.

As Owen Fiss has argued, preferential treatment for a disadvantaged group provides members of that group with positions of power, prestige, and influence that they would otherwise not attain in the near future.14

Such positions empower both the individuals awarded those positions as well as the group they identify with and are identified with by others. Individuals awarded such positions serve as models that others within their group may aspire to, and (more often than not) provide the group with a source of defense and advocacy that improves the status of the group.

Fiss acknowledges, as many critics have stressed, that preferential treat- ment might encourage claims that blacks do not have the ability to make it on their own, thereby perpetuating the myth of black inferiority.15 But I do not see this as a serious problem. For the assumption of black inferiority is used to explain both why blacks do not occupy prestigious positions when they are in fact absent from such positions and why they do occupy them when they are in fact present in such positions. The assumption of black inferiority exists with either option, and blacks who do occupy positions they would likely not occupy but for affirmative action are not losing credibility they otherwise might have. On the other hand, blacks who do occupy such positions and perform at or above expectation do gain a credibility they oth- erwise would not have.

An enduring legacy of racism (and sexism) is the presumption that blacks (and women) are generally less competent and undeserving of non- menial opportunities. Thus, the issue is not whether blacks will be consid- ered incompetent, but whether the effects of that assumption will continue. “The ethical issue is whether the position of perpetual subordination is going to be brought to an end for our disadvantaged groups, and, if so, at what speed and at what cost.”16 . . .

Affirmative Action: Pro (selection): Reading 307

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411

harmed most, relative to what they could have achieved if racial discrimina- tion had not impeded their efforts.

Of course, there are many among the least well-off who have the poten- tial to have done much better than they have in fact done. This is true for both blacks and whites. Affirmative action attempts to target those whose potential has been depressed as a result of racial discrimination and provide them with opportunities they would not have otherwise. While many blacks among the least well-off would have done better but for racial discrimina- tion, it is equally plausible that many blacks among the most well-off would have done better but for racial discrimination. It follows that equalizing opportunity and erasing the effects of racial discrimination, past and pres- ent, should target both the overrepresentation of blacks among the poor and the underrepresentation of blacks among the well-off.

These considerations are not meant to deny that there may be many rea- sons why a particular individual may have been denied opportunities other than because of racial discrimination. To illustrate, suppose Y goes for a job interview and X, the interviewer, doesn’t like brown-eyed people, and Y hap- pens to be brown-eyed. Interviewer X gives Y a low rating and Y doesn’t get the job, though by “objective” criteria, Y was qualified. Can Y bring suit against X for unjust discrimination? The answer is no. The Civil Rights Acts of 1964, 1972, and 1991 prohibit discrimination on the basis of race, sex, national origin, and religion. There is no prohibition against discrimination on the basis of education, level of skill, or eye color. Education and skill level are used to discriminate between prospective employees, because they are taken to be good indicators of whether the applicant will be able to perform at or above the level required. But eye color does not appear relevant in pre- dicting a person’s future performance (though there might be some cases in which eye color was relevant, for example, as a model for a particular brand of cosmetics), and so our moral intuition is that using this factor in deciding between candidates is a form of unjust discrimination. There is, however, no legal prohibition against discrimination on the basis of eye color.

There are many factors that influence individual prospective employers in choosing between candidates—the way they dress, their posture and demeanor, their choice of cologne, hairstyle, personal relationship to the employer—and many if not most may be totally irrelevant to the person’s ability to perform the job in question. But it is not always immoral to choose a candidate based on factors irrelevant to his or her ability to perform, as in the case of hiring a person because he or she is a close relative. In any case, it would be impossible to identify all such factors and legislate against them.

Civil rights legislation prohibits using factors that historically have been used systematically to exclude certain groups of individuals from opportu- nities generally available to members of other groups. Thus, the disabled have systematically been excluded relative to the physically normal, women excluded relative to men, blacks excluded relative to whites, Muslims and

306 An Examined Life Critical Thinking and Ethics Affirmative Action: Pro (selection): Reading

Jews excluded relative to Christians, and so on. We can expect many individuals equal with respect to their productive

capacity to have been treated unequally by the market because of random factors that influence the choices of decision makers for available opportu- nities. Within both excluded and preferred groups, there will be some who are better off than others, based on random factors that have influenced their economic destiny. But it is only at the level of the group that system- atic as opposed to random factors can be distinguished. Economist Lester Thurow estimates that “70 to 80 percent of the variance in individual earn- ings is caused by factors that are not within the control of even perfect gov- ernmental economic policies,” and he concludes: “The economy will treat different individuals unequally no matter what we do. Only groups can be treated equally.”13

Because of a history of racist exclusion from educational, employment, and investment opportunities, blacks generally have a lower ratio of relevant job-related skills and attitudes than whites. Eliminating racism would do nothing to eliminate this deficit in human capital, which in itself is sufficient to ground a continuing prejudice against blacks.

As Owen Fiss has argued, preferential treatment for a disadvantaged group provides members of that group with positions of power, prestige, and influence that they would otherwise not attain in the near future.14

Such positions empower both the individuals awarded those positions as well as the group they identify with and are identified with by others. Individuals awarded such positions serve as models that others within their group may aspire to, and (more often than not) provide the group with a source of defense and advocacy that improves the status of the group.

Fiss acknowledges, as many critics have stressed, that preferential treat- ment might encourage claims that blacks do not have the ability to make it on their own, thereby perpetuating the myth of black inferiority.15 But I do not see this as a serious problem. For the assumption of black inferiority is used to explain both why blacks do not occupy prestigious positions when they are in fact absent from such positions and why they do occupy them when they are in fact present in such positions. The assumption of black inferiority exists with either option, and blacks who do occupy positions they would likely not occupy but for affirmative action are not losing credibility they otherwise might have. On the other hand, blacks who do occupy such positions and perform at or above expectation do gain a credibility they oth- erwise would not have.

An enduring legacy of racism (and sexism) is the presumption that blacks (and women) are generally less competent and undeserving of non- menial opportunities. Thus, the issue is not whether blacks will be consid- ered incompetent, but whether the effects of that assumption will continue. “The ethical issue is whether the position of perpetual subordination is going to be brought to an end for our disadvantaged groups, and, if so, at what speed and at what cost.”16 . . .

Affirmative Action: Pro (selection): Reading 307

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Conclusion

Racism was directed against blacks whether they were talented, average, or mediocre, and attenuating the effects of racism requires distributing reme- dies similarly. Affirmative action policies compensate for the harms of racism (overt and institutional) through antidiscrimination laws and pref- erential policies. Prohibiting the benign use of race as a factor in the award of educational, employment, and business opportunities would eliminate compensation for past and present racism and reinforce the moral validity of the status quo, with blacks overrepresented among the least well-off and underrepresented among the most well-off.

It has become popular to use affirmative action as a scapegoat for the increased vulnerability of the white working class. But it should be recog- nized that the civil rights revolution (in general) and affirmative action (in particular) has been beneficial, not just to blacks, but also to whites (for example, women, the disabled, the elderly) who otherwise would be sub- stantially more vulnerable than they are now.

Affirmative action is directed toward empowering those groups that have been adversely affected by past and present exclusionary practices. Initiatives to abolish preferential treatment would inflict a grave injustice on African-Americans, for they signal a reluctance to acknowledge that the plight of African-Americans is the result of institutional practices that require institutional responses.

� N O T E S

1. prima facie: (Latin, “at first glance”) on first appearance. A prima facie obligation is a right or obligation that holds unless overridden by another, stronger right or obligation. [D. C. ABEL, EDITOR]

2. Bernard R. Boxill, “The Morality of Reparation,” in Social Theory and Practice 2 (Spring 1972): 118–119 [A. G. MOSLEY]

3. Judith Jarvis Thomson, “Preferential Hiring,” Philosophy and Public Affairs 2 (Summer 1973): 379–380 [A. G. MOSLEY]

4. Sheet Metal Workers v. Equal Opportunity Employment Commission, 478 United States Supreme Court, pp. 421–500 (1986); United States v. Paradise, 480 United States Supreme Court, pp. 149–201 (1987) [A. G. MOSLEY]

5. Thomas Sowell, Ethnic America: A History (New York: Basic Books, 1981); Preferential Policies: An International Perspective (New York: William Morrow, 1990) [A. G. MOSLEY]

6. Michael Levin, “Race, Biology, and Justice,” Public Affairs Quarterly 8 (July 1994): 267–285 [A. G. MOSLEY]

7. Robert Fullinwider, The Reverse Discrimination Controversy: A Moral and Legal Analysis (Totowa, N.J.: Rowman and Littlefield, 1980), p. 55 [A. G. MOSLEY]

308 An Examined Life Critical Thinking and Ethics

8. counterfactually: contrary to fact [D. C. ABEL] 9. Ellen Frankel Paul, “Set-Asides, Reparations, and Compensatory Justice,”

in Compensatory Justice, ed. John W. Chapman (New York: New York University Press, 1991), pp. 106–107 [A. G. MOSLEY]

10. Alan H. Goldman, “Reparations to Individuals or Groups?,” Analysis 35 (April 1975): 169 [A. G. MOSLEY]

11. Christopher Jencks, Rethinking Social Policy: Race, Policy, and the Underclass (New York: HarperPerennial, 1993), pp. 51–52 [A. G. MOSLEY]

12. John U. Ogbu, Minority Education and Caste: The American System in Cross- Cultural Perspective (New York: Academic Press, 1978), p. 175 [A. G. MOSLEY]

13. Lester C. Thurow, “A Theory of Groups and Economic Distribution,” Philosophy and Public Policy 9 (Fall 1979): 29 [A. G. MOSLEY]

14. Owen M. Fiss, “Groups and the Equal Protection Clause,” Philosophy and Public Affairs 5 (Winter 1976): 107–177 [A. G. MOSLEY]

15. Ibid., p. 160 [A. G. MOSLEY] 16. Ibid., p. 173 [A. G. MOSLEY]

Affirmative Action: Pro (selection): Reading 309

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413

Conclusion

Racism was directed against blacks whether they were talented, average, or mediocre, and attenuating the effects of racism requires distributing reme- dies similarly. Affirmative action policies compensate for the harms of racism (overt and institutional) through antidiscrimination laws and pref- erential policies. Prohibiting the benign use of race as a factor in the award of educational, employment, and business opportunities would eliminate compensation for past and present racism and reinforce the moral validity of the status quo, with blacks overrepresented among the least well-off and underrepresented among the most well-off.

It has become popular to use affirmative action as a scapegoat for the increased vulnerability of the white working class. But it should be recog- nized that the civil rights revolution (in general) and affirmative action (in particular) has been beneficial, not just to blacks, but also to whites (for example, women, the disabled, the elderly) who otherwise would be sub- stantially more vulnerable than they are now.

Affirmative action is directed toward empowering those groups that have been adversely affected by past and present exclusionary practices. Initiatives to abolish preferential treatment would inflict a grave injustice on African-Americans, for they signal a reluctance to acknowledge that the plight of African-Americans is the result of institutional practices that require institutional responses.

� N O T E S

1. prima facie: (Latin, “at first glance”) on first appearance. A prima facie obligation is a right or obligation that holds unless overridden by another, stronger right or obligation. [D. C. ABEL, EDITOR]

2. Bernard R. Boxill, “The Morality of Reparation,” in Social Theory and Practice 2 (Spring 1972): 118–119 [A. G. MOSLEY]

3. Judith Jarvis Thomson, “Preferential Hiring,” Philosophy and Public Affairs 2 (Summer 1973): 379–380 [A. G. MOSLEY]

4. Sheet Metal Workers v. Equal Opportunity Employment Commission, 478 United States Supreme Court, pp. 421–500 (1986); United States v. Paradise, 480 United States Supreme Court, pp. 149–201 (1987) [A. G. MOSLEY]

5. Thomas Sowell, Ethnic America: A History (New York: Basic Books, 1981); Preferential Policies: An International Perspective (New York: William Morrow, 1990) [A. G. MOSLEY]

6. Michael Levin, “Race, Biology, and Justice,” Public Affairs Quarterly 8 (July 1994): 267–285 [A. G. MOSLEY]

7. Robert Fullinwider, The Reverse Discrimination Controversy: A Moral and Legal Analysis (Totowa, N.J.: Rowman and Littlefield, 1980), p. 55 [A. G. MOSLEY]

308 An Examined Life Critical Thinking and Ethics Affirmative Action: Pro (selection): Reading

8. counterfactually: contrary to fact [D. C. ABEL] 9. Ellen Frankel Paul, “Set-Asides, Reparations, and Compensatory Justice,”

in Compensatory Justice, ed. John W. Chapman (New York: New York University Press, 1991), pp. 106–107 [A. G. MOSLEY]

10. Alan H. Goldman, “Reparations to Individuals or Groups?,” Analysis 35 (April 1975): 169 [A. G. MOSLEY]

11. Christopher Jencks, Rethinking Social Policy: Race, Policy, and the Underclass (New York: HarperPerennial, 1993), pp. 51–52 [A. G. MOSLEY]

12. John U. Ogbu, Minority Education and Caste: The American System in Cross- Cultural Perspective (New York: Academic Press, 1978), p. 175 [A. G. MOSLEY]

13. Lester C. Thurow, “A Theory of Groups and Economic Distribution,” Philosophy and Public Policy 9 (Fall 1979): 29 [A. G. MOSLEY]

14. Owen M. Fiss, “Groups and the Equal Protection Clause,” Philosophy and Public Affairs 5 (Winter 1976): 107–177 [A. G. MOSLEY]

15. Ibid., p. 160 [A. G. MOSLEY] 16. Ibid., p. 173 [A. G. MOSLEY]

Affirmative Action: Pro (selection): Reading 309

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Affirmative Action: Pro Albert G. Mosley

Reading Questions

According to Mosley:

1. What kind of restitution does corrective justice require for past and pres- ent harms caused by discrimination against minorities and women?

2. In what kinds of cases is it proper to hire a less qualified nonwhite job applicant over a more qualified white applicant?

3. How do racist and sexist employment practices lead to an “unjust enrichment” of subsequent white male job applicants?

4. What latent effect does the unjust discrimination against a particular minority person have on the minority group as a whole?

5. Why is it a mistake to assume that minority members with the least qual- ifications are necessarily those who have been most harmed by discrim- ination?

Discussion Questions

In your own view:

1. Is affirmative action in employment an appropriate way to make restitu- tion for a history of discrimination against minorities and women?

2. Is it ever fair for an employer to hire a less qualified minority or woman applicant rather than a more qualified white male applicant?

3. Should restitution for past discrimination be directed more to groups treated unjustly than to individuals treated unjustly?

4. If affirmative action is undertaken, what criterion should be used to determine how much affirmative action is sufficient?

5. Does affirmative action perpetuate the myth of black inferiority?

310 An Examined Life Critical Thinking and Ethics

“The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortu- nate effects of centuries of racial discrimination.” U.S. Supreme Court Justice Sonia Sotomayor.

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Affirmative Action: Pro Albert G. Mosley

Reading Questions

According to Mosley:

1. What kind of restitution does corrective justice require for past and pres- ent harms caused by discrimination against minorities and women?

2. In what kinds of cases is it proper to hire a less qualified nonwhite job applicant over a more qualified white applicant?

3. How do racist and sexist employment practices lead to an “unjust enrichment” of subsequent white male job applicants?

4. What latent effect does the unjust discrimination against a particular minority person have on the minority group as a whole?

5. Why is it a mistake to assume that minority members with the least qual- ifications are necessarily those who have been most harmed by discrim- ination?

Discussion Questions

In your own view:

1. Is affirmative action in employment an appropriate way to make restitu- tion for a history of discrimination against minorities and women?

2. Is it ever fair for an employer to hire a less qualified minority or woman applicant rather than a more qualified white male applicant?

3. Should restitution for past discrimination be directed more to groups treated unjustly than to individuals treated unjustly?

4. If affirmative action is undertaken, what criterion should be used to determine how much affirmative action is sufficient?

5. Does affirmative action perpetuate the myth of black inferiority?

310 An Examined Life Critical Thinking and Ethics Bibliography

BIBLIOGRAPHY

Speech or Remarks, Washington, DC, August 28, 2013; U.S. President Barack Obama honors Martin Luther King, Jr. discussing how King’s dreams have begun to be realized and continue to fuel the actions and directions of many Americans.

Louis P. Pojman, “The Case Against Affirmative Action,” International Journal of Applied Philosophy 12 (Spring 1998).

Albert G. Mosley, “Affirmative Action: Pro,” in Albert G. Mosley and Nicholas Capaldi, Affirmative Action: Social Justice or Unfair Preference? Lanham, Md: Rowman & Littlefield, 1996.

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CHAPTER 14: Marriage Equality

INTRODUCTION

“A lot of people criticized me for speaking out, not long ago, about gay marriage. I could not remain silent anymore. It’s time we stopped talking. It’s the civil rights of our day. It’s the issue of our day. Everybody in America should have the dig- nity to choose who they love and marry who they choose… not just because it’s a human right, because it’s all about treating everyone with dignity.” United States Vice-President Joe Biden

VIRGINIA IS FOR LOVERS The current debate over marriage equality carries echoes of another marriage debate in the United States half a century ago, when an interracial couple fought for the right to be married. The parallels between the landmark Loving v. Virginia decision and 21st Century debates on gay marriage are instructive.

Few if any moral and legal debates in our lifetime have moved as fast as the question of marriage equality. All but unimaginable a generation ago, as of this writing marriage equality has become the law in the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, France, Brazil, Uruguay, New Zealand, Great Britain and Scotland. The United States, like Mexico, has regional marriage equality; that is, some states have it, some ban it. However, in the United States, a landmark 2013 U.S. Supreme Court decision declared the Federal Defense of Marriage Act (known as DOMA) unconstitutional. In a companion opinion, The Supreme Court simultaneously decided that California’s Proposition 8 was unconstitutional, ruling on narrow grounds that meant that California could move forward with gay marriage but other individual states’ bans remained in place until challenged successfully state by state.

Since that twin Supreme Court opinion on marriage equality, one court after another has ruled that that bans against gay marriage are unconsti- tutional in individual states or that the states that now have unchallenged bans must recognize marriages performed in states where there is no such ban. So far, states and federal courts have agreed, and marriage equal- ity has gained momentum. In February, 2014, a federal judge threw out Virginia’s ban on gay marriage, agreeing with the Supreme Court and citing the parallel of Loving v. Virginia, the landmark case that declared a ban on interracial marriages unconstitutional. The country, according to U.S. District Judge Arenda Wright Allen, has “arrived upon another moment in history when We the People becomes more inclusive, and our freedom more perfect.”

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417Chapter 14: Marriage Equality

United States Vice-President Joe Biden has called marriage equality the civil rights issue of our day. Supreme Court Justice Antonin Scalia, the high court’s most conservative, Catholic judge, declared marriage equality to be “inevitable” given the Supreme Court’s decision striking down DOMA. Courts in Oklahoma, Texas, Michigan, Tennessee, Ohio, Kentucky, and Texas have found a state ban unconstitutional or declared that a state must recognize marriages performed in other states. As Virginia followed suit, Utah seems poised to be next. In February, 2014, U. S. District Judge Robert Shelby struck down Utah’s ban on gay marriage by citing the conservative judge. “The court agrees with Justice Scalia’s interpretation and finds that

In 1958, two Virginia residents, a black woman and a white man who were in love, decided to drive across the Potomac to Washington, D.C, and get married. Interracial marriage was forbidden in Virginia by the 1924 Racial Integrity Act, a so-called anti- miscegenation law that was the norm in many states along with other forms of racial discrimination that denied American citizens civil rights because of who they were. After their wedding, Mildred Loving and Richard Loving returned to their home in Central Point just North of Richmond. Virginia State police broke into their house in the middle of the night and arrested them. They were arraigned and convicted of violating the Racial Integrity Act and sentenced to one year; they avoided jail through a deal that required them to leave Virginia, their home, for 25 years.

The arguments were simple and to the point, first raising the spectre of sin- ning against Natural Law and then the consequentialist arguments of the harm that allowing interracial marriage would cause to the American family. “Almighty God created the races, black, white, yellow, malay and red, and placed them on separate continents,” declared the trial judge Leon M. Bazile. “And, but for the interference with this arrangement there would be no cause for such marriage. The fact that he separated the races shows that he did not intend for the races to mix.” One can sup- pose that if God had intended for the races to mix, he would have made everyone beige. A parallel argument, more recent, is that God created Adam and Eve, not Adam and Steve.

The case of Loving v. Virginia was reconsidered, after both long appeals and cru- cially after President Lyndon Baynes Johnson’s 1964 Civil Rights Act. In 1967 The U.S. Supreme Court in a unanimous decision struck down the Virginia law and, by legal implication, all other anti-miscegenation laws in the books at the time in roughly one- third of the United States. In his historic ruling, Chief Justice Earl Warren wrote that “There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Constitution’s Equal Protection Clause.” This was a civil rights issue.

Richard Loving was killed by a drunk driver in 1975. Mildred Loving died in 2008.

In 2012, the NAACP passed a resolution endorsing same-sex marriage as a civil right.

In February, 2014, U.S. District Judge Arenda Wright Allen threw out Virginia’s ban on same-sex marriage, making a direct link to the Loving v. Virginia case and con- cluding that such a ban violated the Equal Protection clause of the U.S. Constitution. “Tradition is revered in the Commonwealth, and often rightly so,” wrote Judge Wright Allen. “However, tradition alone cannot justify denying same-sex couples the right to marry any more than it could justify Virginia’s ban on interracial marriage.”

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the important federalism concerns here are nevertheless insufficient to save a state-law prohibition that denies Plaintiffs their rights to due process and equal protection under the law.” Other states have found ammunition against gay marriage bans in Judge Scalia’s analysis.

“How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status. No one should be fooled; it is just a matter of listening and waiting for the other shoe.” U.S. Supreme Court Justice Antonin Scalia

There are of course still two sides to this issue, but both sides seem to agree with Judge Scalia’s assessment of the current situation: Marriage equality is inevitable. Still, the arguments are heated. Over the years, there has been a familiar pattern to the opposition to marriage equality. The strongest arguments on both sides, as with so many civil rights issues, tend to take the form of consequentialist, that is, Utilitarian arguments. “Gay marriage will harm the institution of marriage” was the original thrust of the Defense of Marriage Act, and it is the argument proposed by U. S. Senator John Corbyn in his defense of DOMA included in this chapter. Successful arguments for marriage equality, including the Supreme Court’s decision to declare DOMA unconstitutional and open the doors to marriage equality state by state, are also included in this chapter. These largely follow the examples of other recent successful Utilitarian human rights arguments, that is, more harm is caused by denying a section of the population a right than the happiness of those who want to deny those rights is worth. Male officers in the United States Army, for example, might have been unhappy with the decision to allow women soldiers in combat; but no male soldiers were denied that same right when the military opened that career option to women. More people got to join. Surely many white bigots were made unhappy when the University of Alabama was racially integrated—one can catch Alabama Governor George Wallace on YouTube performing his infamous “Segregation Now, Segregation Forever” rant--, but no white student was denied the right to go to school there because of integration; the law simply meant that black students could go there too. No white couples in Virginia were harmed when a racially mixed coupe was allowed to marry. And so with the fight for marriage equality. The unhappiness caused to a homophobe by knowing there may be a gay married couple next door is not as deep an unhappiness as denying that couple the right to marry. Before the courts, following the Supreme Court’s DOMA decision, no argument has succeeded in proving that there is harm caused to heterosexual couples simply by allowing other couples to marry. If you are against gay marriage, don’t marry one. Problem solved

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419Chapter 14: Marriage Equality

There also have been scare tactics surrounding the issue, most infamously from Oklahoma State Representative Sally Kern, who declared that gay marriage is a bigger threat to our nation than terrorism. The gays will recruit your children. The gays will force your church to perform gay marriages. The gays are plotting with a secret Muslim president. Claims that can be proved to be based on false claims are not considered here, but it is worth mentioning that there are more than a few of these.

There have been other arguments, and although these have proved to be flawed, insufficient, inaccurate or all three, they are historically interesting. They are not the way the courts are deciding the issue, but they say a lot about the state of our culture. Some of the most popular arguments—other than the Utilitarian arguments from harm--are not strong but are nevertheless familiar: Natural Law arguments, and emotivist arguments. “That’s just not natural” has been used as often as “I just don’t like the idea of gay marriage” or “I don’t approve of those people.” Look back at Chapter 7 in Part III of this textbook to remember what is wrong with those arguments and how to examine them critically.

Other popular arguments are religious in nature, such as “Do we have a right to redefine marriage?” This last objection usually cites “traditional marriage according to the Bible,” and it is interesting.

Marriage as a religious ceremony or sacrament is not in either the Hebrew or the Christian Holy Scriptures. It was never a religious ceremony but rather a civil contract, for millennia, between the father of the bride and the prospective husband who was buying her. The most famous example in both religious traditions is perhaps that of Jacob (Genesis, 29), who contracted with Laban to purchase his daughter Rachel for a stated price plus seven years of free labor, was tricked into bedding Leah—Rachel’s older sister—on his wedding night, then had to agree to a separate contract for marrying Rachel that included seven years more of working free for the father of the brides. Jacob also got a couple of concubines thrown into the bargain, including the maid Bilhah and later the other maid Ilpah. He had several children with both of them as well as with his wives. That is a traditional marriage according to the Bible.

“Two are better than one, because they have a good reward for their toil. For if they fall, one will lift up his fellow. But woe to him who is alone when he falls and has not another to lift him up! Again, if two lie together, they keep warm, but how can one keep warm alone? And though a man might prevail against one who is alone, two will withstand him—a threefold cord is not quickly broken.” Ecclesiastes 4:9-12.

“Americans instinctively and laudably support two fundamental propositions: that every individual is worthy of respect, and that the traditional institution of marriage is worthy of protection. Recent and pending cases, however – both before the U.S. Supreme Court and in federal and state courts across the country – have raised serious questions regarding the future of the traditional definition of marriage, as embodied in DOMA.” U.S. Senator John Cornyn

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The fact that it is no longer acceptable to sell your daughters, not to mention to give your son-in-law some extra live-in lovers and to have him get away with getting the help pregnant (this last detail may be Biblically sanctioned, but it certainly got former California Governor Arnold Schwartzenegger in trouble), then it seems we have been redefining marriage all along.

In the Christian tradition, the matter is actually simpler: There are no religious marriage ceremonies in the New Testament either. None. In the wedding at Cana (John 2:1-11), usually considered the first miracle Jesus performed publicly, Jesus was a guest, not an officiant; there was no rabbi present, no religious official mentioned. Jesus turned water into wine on that famous occasion, but he didn’t marry anyone. That was a civil matter, and it remained a civil matter under the Roman Empire even after its conversion to Christianity. The Christian Church in the first ten centuries of its existence had no specific marriage ritual, and the Roman Emperors controlled the institution or marriage, particularly since it involved disposition of property. It was not until the 12th Century that marriage became a sacrament, that is, something that happened in a church. Even then, as now, civil authorities remained involved.

Today, when you get a marriage license you go to city hall. To get a divorce, you get a lawyer. Whatever your church, temple or mosque, and whatever you are of course free to do in those places of worship, is none of the government’s business. If it is not your wedding, perhaps it also should not be your business. It is a civil matter, it always has been. It is a civil right.

Octavio Roca and Matthew Schuh

201

NOJohn Cornyn In Defense of Marriage:

The Amendment That Will Protect a Fundamental Institution

In 1996, three fourths of the House and Senate joined President Bill Clinton in a strong bipartisan effort to defend the traditional institution of marriage, by enacting the federal Defense of Marriage Act (DOMA). That act defi ned, as a matter of federal law, the institution of marriage as the union of one man and one woman—refl ecting the views of the vast majority of Americans across the country. Today, as it debates a constitutional amendment to defend marriage, the Senate will revisit precisely the same question: Should the institution of marriage continue to be defi ned as the union of one man and one woman—as it has been defi ned for thousands of years?

Since the 1996 vote, two things have changed. First, activist courts have so dramatically altered the meaning of the Constitution, that traditional mar- riage laws are now under serious threat of being invalidated by judicial fi at nationwide—indeed, the process has already begun in numerous states across the country. Second, the broad bipartisan consensus behind marriage that was exhibited in 1996 has begun to fracture. Some who supported DOMA just a few years ago are, for partisan reasons, unwilling to defend marriage today. Although the defense of marriage should continue to be a bipartisan endeavor—and kept out of the hands of activist lawyers and judges—there is no question that both the legal and the political landscapes have changed dramatically in recent years.

Commitment to Marriage One thing has never changed, however: Throughout our nation’s history, across diverse cultures, communities, and political affi liations, Americans of all stripes have remained committed to the traditional institution of marriage. Most Americans strongly and instinctively support the following two funda- mental propositions: Every human being is worthy of respect, and the tradi- tional institution of marriage is worthy of protection. In communities across America, adults form caring relationships of all kinds, while children are raised through the heroic efforts of parents of all kinds—including single parents,

From The National Review, July 2004. Copyright © 2004 by Senator John Cornyn. Reprinted by permission of the author.

In Defense of Marriage: The Amendment That Will Protect a Fundamental Institution by John Cornyn 311

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421

201

NOJohn Cornyn In Defense of Marriage:

The Amendment That Will Protect a Fundamental Institution

In 1996, three fourths of the House and Senate joined President Bill Clinton in a strong bipartisan effort to defend the traditional institution of marriage, by enacting the federal Defense of Marriage Act (DOMA). That act defi ned, as a matter of federal law, the institution of marriage as the union of one man and one woman—refl ecting the views of the vast majority of Americans across the country. Today, as it debates a constitutional amendment to defend marriage, the Senate will revisit precisely the same question: Should the institution of marriage continue to be defi ned as the union of one man and one woman—as it has been defi ned for thousands of years?

Since the 1996 vote, two things have changed. First, activist courts have so dramatically altered the meaning of the Constitution, that traditional mar- riage laws are now under serious threat of being invalidated by judicial fi at nationwide—indeed, the process has already begun in numerous states across the country. Second, the broad bipartisan consensus behind marriage that was exhibited in 1996 has begun to fracture. Some who supported DOMA just a few years ago are, for partisan reasons, unwilling to defend marriage today. Although the defense of marriage should continue to be a bipartisan endeavor—and kept out of the hands of activist lawyers and judges—there is no question that both the legal and the political landscapes have changed dramatically in recent years.

Commitment to Marriage One thing has never changed, however: Throughout our nation’s history, across diverse cultures, communities, and political affi liations, Americans of all stripes have remained committed to the traditional institution of marriage. Most Americans strongly and instinctively support the following two funda- mental propositions: Every human being is worthy of respect, and the tradi- tional institution of marriage is worthy of protection. In communities across America, adults form caring relationships of all kinds, while children are raised through the heroic efforts of parents of all kinds—including single parents,

From The National Review, July 2004. Copyright © 2004 by Senator John Cornyn. Reprinted by permission of the author.

In Defense of Marriage: The Amendment That Will Protect a Fundamental Institution by John Cornyn 311In Defense of Marriage: The Amendment That Will Protect a Fundamental Institution by John Cornyn

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foster parents, and adoptive parents. We admire, honor, and respect those rela- tionships and those efforts.

At the same time, most Americans believe that children are best raised by their mother and father. Mankind has known no stronger human bond than that between a child and the two adults who have brought that child into the world together. For that reason, family and marriage experts have referred to the traditional institution of marriage as the “gold standard” for raising children. Social science simply confi rms common sense. Social science also confi rms that, when society stops privileging the traditional institution of marriage (as we have witnessed in a few European nations in recent years), the gold standard is diluted, and the ideal for raising children is threatened.

There are a number of important issues facing our nation—and the rais- ing and nurturing of our next generation is one of them. Nearly 120 years ago, in the case of Murphy v. Ramsey, the U.S. Supreme Court unanimously concluded that “no legislation can be supposed more wholesome and neces- sary in the founding of a free, self-governing commonwealth” than “the idea of the family, as consisting in and springing from the union for life of one man and one woman in the holy estate of matrimony” (emphasis added). That union is “the sure foundation of all that is stable and noble in our civilization; the best guaranty of that reverent morality which is the source of all benefi cent progress in social and political improvement.” Moreover, that same Court unanimously praised efforts to shield the traditional institution of marriage from the winds of political change, by upholding a law “which endeavors to withdraw all political infl uence from those who are practically hostile to its attainment.”

False Arguments Today, however, the consensus behind marriage appears to be unraveling. Of course, those who no longer support traditional marriage laws do not say so outright. Instead, they resort to legalistic and procedural arguments for oppos- ing a marriage amendment. They hope to confuse the issue in the minds of well-meaning Americans and to distract them from the importance of defend- ing marriage, by unleashing a barrage of false arguments.

For example:

• Why do we need a federal constitutional amendment, when we already have DOMA?

The need for a federal constitutional amendment is simple: The tradi- tional institution of marriage is under constitutional attack. It is now a national problem that requires a national solution. Legal experts and constitutional scholars across the political spectrum recognize and predict that the only way to preserve the status quo—the only way to preserve the traditional institution of marriage—is a constitutional amendment.

Immediately after the U.S. Supreme Court announced its decision in Lawrence v. Texas in June 2003, legal experts and commentators predicted that,

312 An Examined Life Critical Thinking and Ethics

NO / John Cornyn 203

under Lawrence, courts would begin to strike down traditional marriage laws around the country.

In Lawrence, the Court explicitly and unequivocally listed “marriage” as one of the “constitutional” rights that, absent a constitutional amendment, must be granted to same-sex couples and opposite-sex couples alike. Specifi - cally, the Court stated that “our laws and tradition afford constitutional pro- tection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education. . . . Persons in a homosex- ual relationship may seek autonomy for these purposes, just as heterosexual persons do” (emphasis added). The Lawrence majority thus adopted the view endorsed decades ago by one of its members—Justice Ruth Bader Ginsburg. While serving as general counsel of the American Civil Liberties Union, she wrote that traditional marriage laws, such as anti-bigamy laws, are unconstitu- tional and must be struck down by courts.

It does not take a Supreme Court expert to understand the meaning of these words. And Supreme Court experts agree in any event. Legal scholars are a notoriously argumentative bunch. So it is particularly remarkable that the nation’s most recognized constitutional experts—including several liberal legal scholars, like Laurence Tribe, Cass Sunstein, Erwin Chemerinsky, and William Eskridge—are in remarkable harmony on this issue. They predict that, like it or not, DOMA or other traditional marriage laws across the country will be struck down as unconstitutional by courts across the country.

Indeed, the process of invalidating and eradicating traditional mar- riage laws nationwide has already begun. Most notably, four justices of the Massachusetts Supreme Judicial Court invalidated that state’s marriage law in its Goodridge decision issued last November, which it reaffi rmed in February.

Those decisions were breathtaking, not just in their ultimate conclu- sion, but in their rhetoric as well. The court concluded that the “deep-seated religious, moral, and ethical convictions” that underlie traditional marriage are “no rational reason” for the institution’s continued existence. It argued that traditional marriage is a “stain” on our laws that must be “eradicated.” It contended that traditional marriage is “rooted in persistent prejudices” and “invidious discrimination,” rather than in the best interest of children. Amazingly, it even suggested abolishing the institution of marriage outright, stating that “if the Legislature were to jettison the term ‘marriage’ alto- gether, it might well be rational and permissible.” And for good measure, the court went out of its way to characterize DOMA itself as unconstitutionally discriminatory.

Without a federal constitutional amendment, activist courts, and judges will only continue striking down traditional marriage laws across the country— including DOMA itself. Lawsuits challenging traditional marriage laws are now pending in courtrooms across America—including four lawsuits in fed- eral court.

In 2000, Nebraska voters ratifi ed a state constitutional amendment pro- tecting marriage in that state. Yet that state constitutional amendment has been challenged in federal district court as violating federal constitutional law. As Nebraska’s attorney general, Jon Bruning, testifi ed last March, the state

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423In Defense of Marriage: The Amendment That Will Protect a Fundamental Institution by John Cornyn

202 ISSUE 10 / Should Same-Sex Marriage Be Legal?

foster parents, and adoptive parents. We admire, honor, and respect those rela- tionships and those efforts.

At the same time, most Americans believe that children are best raised by their mother and father. Mankind has known no stronger human bond than that between a child and the two adults who have brought that child into the world together. For that reason, family and marriage experts have referred to the traditional institution of marriage as the “gold standard” for raising children. Social science simply confi rms common sense. Social science also confi rms that, when society stops privileging the traditional institution of marriage (as we have witnessed in a few European nations in recent years), the gold standard is diluted, and the ideal for raising children is threatened.

There are a number of important issues facing our nation—and the rais- ing and nurturing of our next generation is one of them. Nearly 120 years ago, in the case of Murphy v. Ramsey, the U.S. Supreme Court unanimously concluded that “no legislation can be supposed more wholesome and neces- sary in the founding of a free, self-governing commonwealth” than “the idea of the family, as consisting in and springing from the union for life of one man and one woman in the holy estate of matrimony” (emphasis added). That union is “the sure foundation of all that is stable and noble in our civilization; the best guaranty of that reverent morality which is the source of all benefi cent progress in social and political improvement.” Moreover, that same Court unanimously praised efforts to shield the traditional institution of marriage from the winds of political change, by upholding a law “which endeavors to withdraw all political infl uence from those who are practically hostile to its attainment.”

False Arguments Today, however, the consensus behind marriage appears to be unraveling. Of course, those who no longer support traditional marriage laws do not say so outright. Instead, they resort to legalistic and procedural arguments for oppos- ing a marriage amendment. They hope to confuse the issue in the minds of well-meaning Americans and to distract them from the importance of defend- ing marriage, by unleashing a barrage of false arguments.

For example:

• Why do we need a federal constitutional amendment, when we already have DOMA?

The need for a federal constitutional amendment is simple: The tradi- tional institution of marriage is under constitutional attack. It is now a national problem that requires a national solution. Legal experts and constitutional scholars across the political spectrum recognize and predict that the only way to preserve the status quo—the only way to preserve the traditional institution of marriage—is a constitutional amendment.

Immediately after the U.S. Supreme Court announced its decision in Lawrence v. Texas in June 2003, legal experts and commentators predicted that,

312 An Examined Life Critical Thinking and Ethics

NO / John Cornyn 203

under Lawrence, courts would begin to strike down traditional marriage laws around the country.

In Lawrence, the Court explicitly and unequivocally listed “marriage” as one of the “constitutional” rights that, absent a constitutional amendment, must be granted to same-sex couples and opposite-sex couples alike. Specifi - cally, the Court stated that “our laws and tradition afford constitutional pro- tection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education. . . . Persons in a homosex- ual relationship may seek autonomy for these purposes, just as heterosexual persons do” (emphasis added). The Lawrence majority thus adopted the view endorsed decades ago by one of its members—Justice Ruth Bader Ginsburg. While serving as general counsel of the American Civil Liberties Union, she wrote that traditional marriage laws, such as anti-bigamy laws, are unconstitu- tional and must be struck down by courts.

It does not take a Supreme Court expert to understand the meaning of these words. And Supreme Court experts agree in any event. Legal scholars are a notoriously argumentative bunch. So it is particularly remarkable that the nation’s most recognized constitutional experts—including several liberal legal scholars, like Laurence Tribe, Cass Sunstein, Erwin Chemerinsky, and William Eskridge—are in remarkable harmony on this issue. They predict that, like it or not, DOMA or other traditional marriage laws across the country will be struck down as unconstitutional by courts across the country.

Indeed, the process of invalidating and eradicating traditional mar- riage laws nationwide has already begun. Most notably, four justices of the Massachusetts Supreme Judicial Court invalidated that state’s marriage law in its Goodridge decision issued last November, which it reaffi rmed in February.

Those decisions were breathtaking, not just in their ultimate conclu- sion, but in their rhetoric as well. The court concluded that the “deep-seated religious, moral, and ethical convictions” that underlie traditional marriage are “no rational reason” for the institution’s continued existence. It argued that traditional marriage is a “stain” on our laws that must be “eradicated.” It contended that traditional marriage is “rooted in persistent prejudices” and “invidious discrimination,” rather than in the best interest of children. Amazingly, it even suggested abolishing the institution of marriage outright, stating that “if the Legislature were to jettison the term ‘marriage’ alto- gether, it might well be rational and permissible.” And for good measure, the court went out of its way to characterize DOMA itself as unconstitutionally discriminatory.

Without a federal constitutional amendment, activist courts, and judges will only continue striking down traditional marriage laws across the country— including DOMA itself. Lawsuits challenging traditional marriage laws are now pending in courtrooms across America—including four lawsuits in fed- eral court.

In 2000, Nebraska voters ratifi ed a state constitutional amendment pro- tecting marriage in that state. Yet that state constitutional amendment has been challenged in federal district court as violating federal constitutional law. As Nebraska’s attorney general, Jon Bruning, testifi ed last March, the state

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expects the federal district judge to strike down its constitutional amendment. A federal lawsuit has also been fi led in Florida to strike down DOMA as uncon- stitutional under Lawrence. Lawyers are similarly claiming that DOMA is unconstitutional in a pending federal bankruptcy case in Washington state. And in Utah, lawyers have fi led suit arguing that traditional marriage laws, such as that state’s anti-polygamy law, must be struck down under Lawrence. And that just covers lawsuits in federal court—in addition, dozens of suits have been fi led in state courts around the country.

A representative of the Lambda Legal organization—a champion of the ongoing nationwide litigation campaign to abolish traditional marriage laws across the country—recently stated: “We won’t stop until we have [same-sex] marriage nationwide.” This nationwide litigation campaign also enjoys the tacit, if not explicit, support of leading Democrats—including Sens. John Kerry and Ted Kennedy, Rep. Jerrold Nadler, and former presidential candidates Howard Dean and Carol Moseley Braun. All of them have attacked DOMA as unconstitutional, and thus presumably want DOMA to be invalidated by the courts—and without a constitutional amendment, their wishes may very well come true. The only way to stop the lawsuits, and to ensure the protection of marriage, is a constitutional amendment.

• Why do we need an amendment now?

Last September, the Senate subcommittee on the Constitution, Civil Rights and Property Rights examined the threat posed to the traditional insti- tution of marriage by the Lawrence decision.

Detractors of the hearing scoffed that the threat was a pure fabrica- tion, motivated by partisan politics. But then, just two months later, the Massachusetts Goodridge decision, relying specifi cally on Lawrence, struck down that state’s traditional marriage law—precisely as predicted at the hearing.

Detractors then scoffed that the Goodridge decision would not stick. They argued that the state’s own constitutional amendment process would be suf- fi cient to control their courts. But then, the Massachusetts court reaffi rmed its decision in February. The court even refused to bend after the Massachusetts legislature formally approved a state constitutional amendment—an amend- ment that can only take effect, if ever, no earlier than 2006.

Detractors then scoffed that DOMA had not been challenged, so there was no reason to take constitutional action at the federal level. But then, law- yers began to challenge DOMA. Cases are now pending in federal courts in Florida and Washington. Additional challenges are, of course, inevitable.

The truth is that, for these detractors, there will never be a good time to protect the traditional institution of marriage—because they don’t want to protect the traditional institution of marriage. The constitutional amendment to protect marriage is not a “preemptive strike” on the Constitution, as detrac- tors allege—it’s a precautionary solution. Parents take responsible precautions to protect their children. Spouses take responsible precautions to protect their marriage. Likewise, government has the responsibility to take precautions to protect the institution of marriage.

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• Why can’t the states handle this? After all, isn’t marriage traditionally a state issue?

This argument borders on the fraudulent. There is nothing that a state can do to fully protect itself against federal courts hostile to its laws except a federal constitutional amendment. Nebraska has already done everything it can, on its own, to defend marriage—up to and including a state constitu- tional amendment. Yet its amendment has already been challenged in federal court, where it is expected to be struck down. As state and local offi cials across the country have repeatedly urged, when it comes to defending marriage, the real threat to states’ rights is judicial activism—not Congress, and certainly not the democratic process.

Moreover, the Constitution cannot be amended without the consent of three-fourths of the state legislatures. States can protect marriage against judi- cial activism—but only if Congress provides them the opportunity to consider a federal constitutional amendment protecting marriage.

• Isn’t our Constitution too sacred for such a political issue as defending marriage?

No one is suggesting that the Constitution should be amended lightly. But the defense of marriage should not be ridiculed as a political issue. Nor should we disparage the most democratic process established under our Con- stitution by our Founding Fathers.

Our Founding Fathers specifi cally insisted on including an amendment process in the Constitution because they humbly believed that no man-made document could ever be perfect. The constitutional amendment process was deliberatively considered and wisely crafted, and we have no reason to fear it.

We have amended the Constitution no fewer than 27 times—most recently in 1992 to regulate Congressional pay increases. The sky will not fall if Americans exercise their democratic rights to amend it again. Surely, the protection of marriage is at least as important to our nation as the reg- ulation of Congressional pay, the specifi c manner in which we coin our money, or the countless other matters that can be found in our nation’s charter.

Moreover, there is a robust tradition of constitutional amendments to reverse constitutional decisions by the courts with which the American people disagree—including the 11th, 14th, 16th, 19th, 24th, and 26th Amendments.

Opponents of the marriage amendment apparently have no objection to the courts amending the Constitution. Yet the power to amend the Constitu- tion belongs to the American people, through the democratic process—not the courts. The courts alter the Constitution—under the guise of interpretation— far more often than the people have. Because of Lawrence, it is inevitable that the Constitution will be amended on the issue of marriage—the only question is how, and by whom. Legal scholars across the political spectrum agree that a constitutional amendment by the people is the only way to fully protect mar- riage against the courts.

In Defense of Marriage: The Amendment That Will Protect a Fundamental Institution by John Cornyn 315

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425In Defense of Marriage: The Amendment That Will Protect a Fundamental Institution by John Cornyn

204 ISSUE 10 / Should Same-Sex Marriage Be Legal?

expects the federal district judge to strike down its constitutional amendment. A federal lawsuit has also been fi led in Florida to strike down DOMA as uncon- stitutional under Lawrence. Lawyers are similarly claiming that DOMA is unconstitutional in a pending federal bankruptcy case in Washington state. And in Utah, lawyers have fi led suit arguing that traditional marriage laws, such as that state’s anti-polygamy law, must be struck down under Lawrence. And that just covers lawsuits in federal court—in addition, dozens of suits have been fi led in state courts around the country.

A representative of the Lambda Legal organization—a champion of the ongoing nationwide litigation campaign to abolish traditional marriage laws across the country—recently stated: “We won’t stop until we have [same-sex] marriage nationwide.” This nationwide litigation campaign also enjoys the tacit, if not explicit, support of leading Democrats—including Sens. John Kerry and Ted Kennedy, Rep. Jerrold Nadler, and former presidential candidates Howard Dean and Carol Moseley Braun. All of them have attacked DOMA as unconstitutional, and thus presumably want DOMA to be invalidated by the courts—and without a constitutional amendment, their wishes may very well come true. The only way to stop the lawsuits, and to ensure the protection of marriage, is a constitutional amendment.

• Why do we need an amendment now?

Last September, the Senate subcommittee on the Constitution, Civil Rights and Property Rights examined the threat posed to the traditional insti- tution of marriage by the Lawrence decision.

Detractors of the hearing scoffed that the threat was a pure fabrica- tion, motivated by partisan politics. But then, just two months later, the Massachusetts Goodridge decision, relying specifi cally on Lawrence, struck down that state’s traditional marriage law—precisely as predicted at the hearing.

Detractors then scoffed that the Goodridge decision would not stick. They argued that the state’s own constitutional amendment process would be suf- fi cient to control their courts. But then, the Massachusetts court reaffi rmed its decision in February. The court even refused to bend after the Massachusetts legislature formally approved a state constitutional amendment—an amend- ment that can only take effect, if ever, no earlier than 2006.

Detractors then scoffed that DOMA had not been challenged, so there was no reason to take constitutional action at the federal level. But then, law- yers began to challenge DOMA. Cases are now pending in federal courts in Florida and Washington. Additional challenges are, of course, inevitable.

The truth is that, for these detractors, there will never be a good time to protect the traditional institution of marriage—because they don’t want to protect the traditional institution of marriage. The constitutional amendment to protect marriage is not a “preemptive strike” on the Constitution, as detrac- tors allege—it’s a precautionary solution. Parents take responsible precautions to protect their children. Spouses take responsible precautions to protect their marriage. Likewise, government has the responsibility to take precautions to protect the institution of marriage.

314 An Examined Life Critical Thinking and Ethics

NO / John Cornyn 205

• Why can’t the states handle this? After all, isn’t marriage traditionally a state issue?

This argument borders on the fraudulent. There is nothing that a state can do to fully protect itself against federal courts hostile to its laws except a federal constitutional amendment. Nebraska has already done everything it can, on its own, to defend marriage—up to and including a state constitu- tional amendment. Yet its amendment has already been challenged in federal court, where it is expected to be struck down. As state and local offi cials across the country have repeatedly urged, when it comes to defending marriage, the real threat to states’ rights is judicial activism—not Congress, and certainly not the democratic process.

Moreover, the Constitution cannot be amended without the consent of three-fourths of the state legislatures. States can protect marriage against judi- cial activism—but only if Congress provides them the opportunity to consider a federal constitutional amendment protecting marriage.

• Isn’t our Constitution too sacred for such a political issue as defending marriage?

No one is suggesting that the Constitution should be amended lightly. But the defense of marriage should not be ridiculed as a political issue. Nor should we disparage the most democratic process established under our Con- stitution by our Founding Fathers.

Our Founding Fathers specifi cally insisted on including an amendment process in the Constitution because they humbly believed that no man-made document could ever be perfect. The constitutional amendment process was deliberatively considered and wisely crafted, and we have no reason to fear it.

We have amended the Constitution no fewer than 27 times—most recently in 1992 to regulate Congressional pay increases. The sky will not fall if Americans exercise their democratic rights to amend it again. Surely, the protection of marriage is at least as important to our nation as the reg- ulation of Congressional pay, the specifi c manner in which we coin our money, or the countless other matters that can be found in our nation’s charter.

Moreover, there is a robust tradition of constitutional amendments to reverse constitutional decisions by the courts with which the American people disagree—including the 11th, 14th, 16th, 19th, 24th, and 26th Amendments.

Opponents of the marriage amendment apparently have no objection to the courts amending the Constitution. Yet the power to amend the Constitu- tion belongs to the American people, through the democratic process—not the courts. The courts alter the Constitution—under the guise of interpretation— far more often than the people have. Because of Lawrence, it is inevitable that the Constitution will be amended on the issue of marriage—the only question is how, and by whom. Legal scholars across the political spectrum agree that a constitutional amendment by the people is the only way to fully protect mar- riage against the courts.

In Defense of Marriage: The Amendment That Will Protect a Fundamental Institution by John Cornyn 315

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206 ISSUE 10 / Should Same-Sex Marriage Be Legal?

• Why would we ever want to write discrimination into the Constitution? Why would we ever want to roll back the Bill of Rights?

This argument is offensive, pernicious—and revealing. Marriage is not about discrimination—it is about children. It is offen-

sive to characterize the vast majorities of Americans who support traditional marriage—individuals like Reverend Ray Hammond of the Bethel African Meth- odist Episcopal Church in Boston, Reverend Richard Richardson of the St. Paul African Methodist Episcopal Church in Boston, and Pastor Daniel de Leon, Sr., of Alianza de Ministerios Evangélicos Nacionales (AMEN) and Templo Calvario in Santa Ana, California—as bigots. It is offensive to characterize the laws, prec- edents, and customs of all fi fty states as discriminatory. And it is offensive to slander the 85 senators who voted for DOMA as hateful.

Moreover, it is precisely because some activists believe that traditional mar- riage is about discrimination, and not about children, that they believe that all traditional marriage laws are unconstitutional and therefore must be abol- ished by the courts. These activists leave the American people with no middle ground. They accuse others of writing discrimination into the Constitution— yet they are the ones writing the American people out of our constitutional democracy.

Just last week, representatives of Sens. John Kerry and John Edwards said that the marriage amendment would “roll back rights.” If you believe that tra- ditional marriage is only about discrimination and about violating the rights of adults—as Sens. Kerry and Edwards apparently believe—then you have no choice but to oppose all traditional marriage laws. Any other position is inco- herent at best—and deceptive at worst.

Marriage Protection So the issue has been joined—precisely as it was in 1996. Despite typical Washington Beltway tricks to overcomplicate and confuse matters, the ques- tion remains a simple one: Should marriage, defi ned as the union of one man and one woman, be protected against judicial activism and the will of legal and political elites? If you believe that the answer is yes—as vast majorities of Americans do—then you have no legal option but to support a federal consti- tutional amendment protecting marriage.

The American people believe that every human being deserves respect, and the traditional institution of marriage deserves protection. As members of Congress continue to debate this issue, we should also remember what else the American people deserve: honesty. . . .

316 An Examined Life Critical Thinking and Ethics

“The homosexual agenda is real, the movement is aggressive, and it is a very real threat to the sacred institution of marriage and the traditional family unit. This theme of equality and freedom is the approach that the homosexuals are using today/totally perverting the true intention of what our Constitution meant.” Oklahoma State Representative Sally Kern

© Eric Teitelbaum//e New Yorker Collection/from www.cartoonbank.com

“On the contrary, I do feel that our marriage still works, we just have to start marketing it differently.” 317

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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427“On the contrary, I do feel that our marriage still works, we just have to start marketing it differently.”

206 ISSUE 10 / Should Same-Sex Marriage Be Legal?

• Why would we ever want to write discrimination into the Constitution? Why would we ever want to roll back the Bill of Rights?

This argument is offensive, pernicious—and revealing. Marriage is not about discrimination—it is about children. It is offen-

sive to characterize the vast majorities of Americans who support traditional marriage—individuals like Reverend Ray Hammond of the Bethel African Meth- odist Episcopal Church in Boston, Reverend Richard Richardson of the St. Paul African Methodist Episcopal Church in Boston, and Pastor Daniel de Leon, Sr., of Alianza de Ministerios Evangélicos Nacionales (AMEN) and Templo Calvario in Santa Ana, California—as bigots. It is offensive to characterize the laws, prec- edents, and customs of all fi fty states as discriminatory. And it is offensive to slander the 85 senators who voted for DOMA as hateful.

Moreover, it is precisely because some activists believe that traditional mar- riage is about discrimination, and not about children, that they believe that all traditional marriage laws are unconstitutional and therefore must be abol- ished by the courts. These activists leave the American people with no middle ground. They accuse others of writing discrimination into the Constitution— yet they are the ones writing the American people out of our constitutional democracy.

Just last week, representatives of Sens. John Kerry and John Edwards said that the marriage amendment would “roll back rights.” If you believe that tra- ditional marriage is only about discrimination and about violating the rights of adults—as Sens. Kerry and Edwards apparently believe—then you have no choice but to oppose all traditional marriage laws. Any other position is inco- herent at best—and deceptive at worst.

Marriage Protection So the issue has been joined—precisely as it was in 1996. Despite typical Washington Beltway tricks to overcomplicate and confuse matters, the ques- tion remains a simple one: Should marriage, defi ned as the union of one man and one woman, be protected against judicial activism and the will of legal and political elites? If you believe that the answer is yes—as vast majorities of Americans do—then you have no legal option but to support a federal consti- tutional amendment protecting marriage.

The American people believe that every human being deserves respect, and the traditional institution of marriage deserves protection. As members of Congress continue to debate this issue, we should also remember what else the American people deserve: honesty. . . .

316 An Examined Life Critical Thinking and Ethics

© Eric Teitelbaum//e New Yorker Collection/from www.cartoonbank.com

“On the contrary, I do feel that our marriage still works, we just have to start marketing it differently.” 317

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236

Human Rights Campaign

Questions About Same-Sex Marriage

Since the rise of a national discussion about marriage rights for same-sex couples, many straight friends and family members have been asking impor- tant questions about the issue. This section provides some basic answers to those questions, such as:

Why Do Same-Sex Couples Want to Marry? Many same-sex couples want the right to legally marry because they are in love—many, in fact, have spent the last 10, 20 or 50 years with that person— and they want to honor their relationship in the greatest way our society has to offer, by making a public commitment to stand together in good times and bad, through all the joys and challenges family life brings.

Many parents want the right to marry because they know it offers children a vital safety net and guarantees protections that unmarried parents cannot pro- vide. And still other people—both gay and straight—are fighting for the right of same-sex couples to marry because they recognize that it is simply not fair to deny some families the protections all other families are eligible to enjoy.

Currently in the United States, same-sex couples in long-term, commit- ted relationships pay higher taxes and are denied basic protections and rights granted to married straight couples. Among them:

• Hospital visitation. Married couples have the automatic right to visit each other in the hospital and make medical decisions. Same-sex cou- ples can be denied the right to visit a sick or injured loved one in the hospital.

• Social Security benefits. Married people receive Social Security pay- ments upon the death of a spouse. Despite paying payroll taxes, gay and lesbian partners receive no Social Security survivor benefits— resulting in an average annual income loss of $5,528 upon the death of a partner.

• Immigration. Americans in bi-national relationships are not permit- ted to petition for their same-sex partners to immigrate. As a result, they are often forced to separate or move to another country.

• Health insurance. Many public and private employers provide medi- cal coverage to the spouses of their employees, but most employers do not provide coverage to the life partners of gay and lesbian employees.

From Human Rights Campaign Report, 2011. Copyright © 2011 by Human Rights Campaign Foundation. Reprinted by permission.

YES

318 An Examined Life Critical Thinking and EthicsAn Examined Life: Critical Thinking and Ethics

YES / Human Rights Campaign 237

Gay and lesbian employees who do receive health coverage for their partners must pay federal income taxes on the value of the insurance.

• Estate taxes. A married person automatically inherits all the property of his or her deceased spouse without paying estate taxes. A gay or lesbian taxpayer is forced to pay estate taxes on property inherited from a deceased partner.

• Family leave. Married workers are legally entitled to unpaid leave from their jobs to care for an ill spouse. Gay and lesbian workers are not entitled to family leave to care for their partners.

• Nursing homes. Married couples have a legal right to live together in nursing homes. The rights of elderly gay or lesbian couples are an uneven patchwork of state laws.

• Home protection. Laws protect married seniors from being forced to sell their homes to pay high nursing home bills; gay and lesbian sen- iors have no such protection.

• Pensions. After the death of a worker, most pension plans pay survi- vor benefits only to a legal spouse of the participant. Gay and lesbian partners are excluded from such pension benefits.

Why Aren’t Civil Unions Enough? Comparing marriage to civil unions is a bit like comparing diamonds to rhine- stones. One is, quite simply, the real deal; the other is not. Consider:

• Opposite-sex couples who are eligible to marry may have their mar- riage performed in any state and have it recognized in every other state in the nation and every country in the world.

• Couples who are joined in a civil union, for example in Vermont, New Jersey or New Hampshire, have no guarantee that its protections will travel with them to other states.

Moreover, even couples who have a civil union and remain in Vermont, New Jersey or New Hampshire receive only second-class protections in com- parison to their married friends and neighbors. While they receive state-level protections, they do not receive any of the more than 1,100 federal benefits and protections of marriage.

In short, civil unions are not separate but equal—they are separate and unequal. And our society has tried separate before. It just doesn’t work.

Marriage: Civil Unions:

• State grants marriage licenses to couples.

• State would grant civil union licenses to couples.

• Religious institutions are not required to perform marriage ceremonies.

• Couples receive legal protections and rights under state law only.

• Civil unions are not recognized by other states or the federal government.

• Religious institutions are not required to perform civil union ceremonies.

Questions About Same-Sex Marriage by Human Rights Campaign 319

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

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© The McGraw−Hill Companies, 2006

429Questions About Same-Sex Marriage by Human Rights Campaign

236

Human Rights Campaign

Questions About Same-Sex Marriage

Since the rise of a national discussion about marriage rights for same-sex couples, many straight friends and family members have been asking impor- tant questions about the issue. This section provides some basic answers to those questions, such as:

Why Do Same-Sex Couples Want to Marry? Many same-sex couples want the right to legally marry because they are in love—many, in fact, have spent the last 10, 20 or 50 years with that person— and they want to honor their relationship in the greatest way our society has to offer, by making a public commitment to stand together in good times and bad, through all the joys and challenges family life brings.

Many parents want the right to marry because they know it offers children a vital safety net and guarantees protections that unmarried parents cannot pro- vide. And still other people—both gay and straight—are fighting for the right of same-sex couples to marry because they recognize that it is simply not fair to deny some families the protections all other families are eligible to enjoy.

Currently in the United States, same-sex couples in long-term, commit- ted relationships pay higher taxes and are denied basic protections and rights granted to married straight couples. Among them:

• Hospital visitation. Married couples have the automatic right to visit each other in the hospital and make medical decisions. Same-sex cou- ples can be denied the right to visit a sick or injured loved one in the hospital.

• Social Security benefits. Married people receive Social Security pay- ments upon the death of a spouse. Despite paying payroll taxes, gay and lesbian partners receive no Social Security survivor benefits— resulting in an average annual income loss of $5,528 upon the death of a partner.

• Immigration. Americans in bi-national relationships are not permit- ted to petition for their same-sex partners to immigrate. As a result, they are often forced to separate or move to another country.

• Health insurance. Many public and private employers provide medi- cal coverage to the spouses of their employees, but most employers do not provide coverage to the life partners of gay and lesbian employees.

From Human Rights Campaign Report, 2011. Copyright © 2011 by Human Rights Campaign Foundation. Reprinted by permission.

YES

318 An Examined Life Critical Thinking and Ethics

YES / Human Rights Campaign 237

Gay and lesbian employees who do receive health coverage for their partners must pay federal income taxes on the value of the insurance.

• Estate taxes. A married person automatically inherits all the property of his or her deceased spouse without paying estate taxes. A gay or lesbian taxpayer is forced to pay estate taxes on property inherited from a deceased partner.

• Family leave. Married workers are legally entitled to unpaid leave from their jobs to care for an ill spouse. Gay and lesbian workers are not entitled to family leave to care for their partners.

• Nursing homes. Married couples have a legal right to live together in nursing homes. The rights of elderly gay or lesbian couples are an uneven patchwork of state laws.

• Home protection. Laws protect married seniors from being forced to sell their homes to pay high nursing home bills; gay and lesbian sen- iors have no such protection.

• Pensions. After the death of a worker, most pension plans pay survi- vor benefits only to a legal spouse of the participant. Gay and lesbian partners are excluded from such pension benefits.

Why Aren’t Civil Unions Enough? Comparing marriage to civil unions is a bit like comparing diamonds to rhine- stones. One is, quite simply, the real deal; the other is not. Consider:

• Opposite-sex couples who are eligible to marry may have their mar- riage performed in any state and have it recognized in every other state in the nation and every country in the world.

• Couples who are joined in a civil union, for example in Vermont, New Jersey or New Hampshire, have no guarantee that its protections will travel with them to other states.

Moreover, even couples who have a civil union and remain in Vermont, New Jersey or New Hampshire receive only second-class protections in com- parison to their married friends and neighbors. While they receive state-level protections, they do not receive any of the more than 1,100 federal benefits and protections of marriage.

In short, civil unions are not separate but equal—they are separate and unequal. And our society has tried separate before. It just doesn’t work.

Marriage: Civil Unions:

• State grants marriage licenses to couples.

• State would grant civil union licenses to couples.

• Religious institutions are not required to perform marriage ceremonies.

• Couples receive legal protections and rights under state law only.

• Civil unions are not recognized by other states or the federal government.

• Religious institutions are not required to perform civil union ceremonies.

Questions About Same-Sex Marriage by Human Rights Campaign 319

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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238 ISSUE 15 / Should Same-Sex Marriage Be Legal?

“I believe God meant marriage for men and women. How can I support marriage for same-sex couples?” Many people who believe in God—as well as fairness and justice for all—ask this question. They feel a tension between religious beliefs and democratic val- ues that has been experienced in many different ways throughout our nation’s history. That is why the framers of our Constitution established the principle of separation of church and state.

That principle applies no less to the marriage issue than it does to any other. Indeed, the answer to the apparent dilemma between religious beliefs and support for equal protections for all families lies in recognizing that mar- riage has a significant religious meaning for many people, but that it is also a legal contract. And it is strictly the legal—not the religious—dimension of marriage that is being debated now.

Granting marriage rights to same-sex couples would not require leaders of Christian, Jewish, Islamic or any other religious leaders to perform these mar- riages. It would not require religious institutions to permit these ceremonies to be held on their grounds. It would not even require that religious communities discuss the issue. People of faith would remain free to make their own judgments about what makes a marriage in the eyes of God—just as they are today.

Consider, for example, the difference in how the Roman Catholic Church and the U.S. government view couples who have divorced and remar- ried. Because church tenets do not sanction divorce, the second marriage is not valid in the church’s view. The government, however, recognizes the mar- riage by extending to the remarried couple the same rights and protections as those granted to every other married couple in America. In this situation—as would be the case in marriage for same-sex couples—the church remains free to establish its own teachings on the religious dimension of marriage while the government upholds equality under law.

A growing number of religious communities bless same-sex unions, includ- ing Reform Judaism, the Unitarian Universalist Association and the Metropolitan Community Church. The Presbyterian Church (USA) allows ceremonies to be per- formed but they’re not considered the same as marriage. The Episcopal Church, United Church of Christ and the United Synagogue of Conservative Judaism allow individual congregations to set their own policies on same-sex unions.

“I strongly believe children need a mother and a father.” Many of us grew up believing that everyone needs a mother and father, regard- less of whether we ourselves happened to have two parents, or two good parents.

But as families have grown more diverse in recent decades, and research- ers have studied how these different family relationships affect children, it has become clear that the quality of a family’s relationship is more important than the particular structure of families that exist today.

320 An Examined Life Critical Thinking and Ethics

YES / Human Rights Campaign 239

In other words, the qualities that help children grow into good and respon- sible adults—learning how to learn, to have compassion for others, to contribute to society and be respectful of others and their differences—do not depend on the sexual orientation of their parents but on their parents’ ability to provide a loving, stable and happy home, something no class of Americans has an exclusive hold on.

That is why research studies have consistently shown that children raised by gay and lesbian parents do just as well as children raised by straight parents in all conventional measures of child development, such as academic achieve- ment, psychological well-being and social abilities.

That is also why the nation’s leading child welfare organizations, includ- ing the American Academy of Pediatrics, the American Academy of Family Physicians and others, have issued statements that dismiss assertions that only straight couples can be good parents—and declare that the focus should now be on providing greater protections for the 1 million to 9 million children being raised by gay and lesbian parents in the United States today.

Granting same-sex couples the right to marry, therefore, would enable the millions of same-sex parents raising children today to give their children what every child deserves—the safest, most secure environment possible, with all the legal protections that our country has put in place.

“This is different from interracial marriage. Sexual orientation is a choice.”

“We cannot keep turning our backs on gay and lesbian Americans. I have fought too hard and too long against discrimination based on race and color not to stand up against discrimination based on sexual orientation. I’ve heard the reasons for opposing civil marriage for same-sex couples. Cut through the distractions, and they stink of the same fear, hatred, and intolerance I have known in racism and in bigotry.”

—Rep. John Lewis, D-Ga., a leader of the black civil rights movement, writing in The Boston Globe, Nov. 25, 2003

Decades of research all point to the fact that sexual orientation is not a choice, and that a person’s sexual orientation cannot be changed. To whom one is drawn is a fundamental aspect of who we are.

In this way, the struggle for marriage equality for same-sex couples is just as basic as the successful fight for interracial marriage. It recognizes that Americans should not be coerced into false and unhappy marriages but should be free to marry the person they love—thereby building marriage on a true and stable foundation.

“Won’t this create a free-for-all and make the whole idea of marriage meaningless?” Many people share this concern because opponents of LGBT equality have used this argument as a scare tactic—but it is not true. Granting same-sex couples the right to marry would in no way change the number of people who

Questions About Same-Sex Marriage by Human Rights Campaign 321

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Questions About Same-Sex Marriage by Human Rights Campaign 431

238 ISSUE 15 / Should Same-Sex Marriage Be Legal?

“I believe God meant marriage for men and women. How can I support marriage for same-sex couples?” Many people who believe in God—as well as fairness and justice for all—ask this question. They feel a tension between religious beliefs and democratic val- ues that has been experienced in many different ways throughout our nation’s history. That is why the framers of our Constitution established the principle of separation of church and state.

That principle applies no less to the marriage issue than it does to any other. Indeed, the answer to the apparent dilemma between religious beliefs and support for equal protections for all families lies in recognizing that mar- riage has a significant religious meaning for many people, but that it is also a legal contract. And it is strictly the legal—not the religious—dimension of marriage that is being debated now.

Granting marriage rights to same-sex couples would not require leaders of Christian, Jewish, Islamic or any other religious leaders to perform these mar- riages. It would not require religious institutions to permit these ceremonies to be held on their grounds. It would not even require that religious communities discuss the issue. People of faith would remain free to make their own judgments about what makes a marriage in the eyes of God—just as they are today.

Consider, for example, the difference in how the Roman Catholic Church and the U.S. government view couples who have divorced and remar- ried. Because church tenets do not sanction divorce, the second marriage is not valid in the church’s view. The government, however, recognizes the mar- riage by extending to the remarried couple the same rights and protections as those granted to every other married couple in America. In this situation—as would be the case in marriage for same-sex couples—the church remains free to establish its own teachings on the religious dimension of marriage while the government upholds equality under law.

A growing number of religious communities bless same-sex unions, includ- ing Reform Judaism, the Unitarian Universalist Association and the Metropolitan Community Church. The Presbyterian Church (USA) allows ceremonies to be per- formed but they’re not considered the same as marriage. The Episcopal Church, United Church of Christ and the United Synagogue of Conservative Judaism allow individual congregations to set their own policies on same-sex unions.

“I strongly believe children need a mother and a father.” Many of us grew up believing that everyone needs a mother and father, regard- less of whether we ourselves happened to have two parents, or two good parents.

But as families have grown more diverse in recent decades, and research- ers have studied how these different family relationships affect children, it has become clear that the quality of a family’s relationship is more important than the particular structure of families that exist today.

320 An Examined Life Critical Thinking and Ethics

YES / Human Rights Campaign 239

In other words, the qualities that help children grow into good and respon- sible adults—learning how to learn, to have compassion for others, to contribute to society and be respectful of others and their differences—do not depend on the sexual orientation of their parents but on their parents’ ability to provide a loving, stable and happy home, something no class of Americans has an exclusive hold on.

That is why research studies have consistently shown that children raised by gay and lesbian parents do just as well as children raised by straight parents in all conventional measures of child development, such as academic achieve- ment, psychological well-being and social abilities.

That is also why the nation’s leading child welfare organizations, includ- ing the American Academy of Pediatrics, the American Academy of Family Physicians and others, have issued statements that dismiss assertions that only straight couples can be good parents—and declare that the focus should now be on providing greater protections for the 1 million to 9 million children being raised by gay and lesbian parents in the United States today.

Granting same-sex couples the right to marry, therefore, would enable the millions of same-sex parents raising children today to give their children what every child deserves—the safest, most secure environment possible, with all the legal protections that our country has put in place.

“This is different from interracial marriage. Sexual orientation is a choice.”

“We cannot keep turning our backs on gay and lesbian Americans. I have fought too hard and too long against discrimination based on race and color not to stand up against discrimination based on sexual orientation. I’ve heard the reasons for opposing civil marriage for same-sex couples. Cut through the distractions, and they stink of the same fear, hatred, and intolerance I have known in racism and in bigotry.”

—Rep. John Lewis, D-Ga., a leader of the black civil rights movement, writing in The Boston Globe, Nov. 25, 2003

Decades of research all point to the fact that sexual orientation is not a choice, and that a person’s sexual orientation cannot be changed. To whom one is drawn is a fundamental aspect of who we are.

In this way, the struggle for marriage equality for same-sex couples is just as basic as the successful fight for interracial marriage. It recognizes that Americans should not be coerced into false and unhappy marriages but should be free to marry the person they love—thereby building marriage on a true and stable foundation.

“Won’t this create a free-for-all and make the whole idea of marriage meaningless?” Many people share this concern because opponents of LGBT equality have used this argument as a scare tactic—but it is not true. Granting same-sex couples the right to marry would in no way change the number of people who

Questions About Same-Sex Marriage by Human Rights Campaign 321

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could enter into a marriage (or eliminate restrictions on the age or familial relationships of those who may marry). Marriage would continue to recognize the highest possible commitment that can be made between two adults, plain and simple.

“How could marriage for same-sex couples possibly be good for the American family—or our country?”

“We shouldn’t just allow gay marriage. We should insist on gay marriage. We should regard it as scandalous that two people could claim to love each other and not want to sanctify their love with marriage and fidelity.”

—Conservative Columnist David Brooks, writing in The New York Times, Nov. 22, 2003.

The prospect of a significant change in our laws and customs has often caused people to worry more about dire consequences that could result than about the potential positive outcomes. In fact, precisely the same anxiety arose when some people fought to overturn the laws prohibiting marriage between people of different races in the 1950s and 1960s. (One Virginia judge even declared, “God intended to separate the races.”)

But in reality, opening marriage to couples who are so willing to fight for it could only strengthen the institution for all. It would open the doors to more supporters, not opponents. And it would help keep the age-old institution alive.

As history has repeatedly proven, institutions that fail to take account of the changing needs of the population are those that grow weak; those that recognize and accommodate changing needs grow strong. For example, the U.S. military, like American colleges and universities, grew stronger after per- mitting African Americans and women to join its ranks.

Similarly, granting same-sex couples the right to marry would strengthen the institution of marriage by allowing it to better meet the needs of the true diversity of family structures in America today.

“Can’t same-sex couples go to a lawyer to secure all the rights they need?” Not by a long shot. When a gay or lesbian person gets seriously ill, there is no legal document that can make their partner eligible to take leave from work under the federal Family and Medical Leave Act to provide care—because that law applies only to married couples.

When gay or lesbian people grow old and in need of nursing home care, there is no legal document that can give them the right to Medicaid coverage without potentially causing their partner to be forced from their home—because the federal Medicaid law only permits married spouses to keep their home without becoming ineligible for benefits.

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YES / Human Rights Campaign 241

And when a gay or lesbian person dies, there is no legal document that can extend Social Security survivor benefits or the right to inherit a retirement plan without severe tax burdens that stem from being “unmarried” in the eyes of the law.

These are only a few examples of the critical protections that are granted through more than 1,100 federal laws that protect only married couples.

In the absence of the right to marry, same-sex couples can only put in place a handful of the most basic arrangements, such as naming each other in a will or a power of attorney. And even these documents remain vulnerable to challenges in court by disgruntled family members.

“Won’t this cost taxpayers too much money?” No, it wouldn’t necessarily cost much at all. In fact, treating same-sex cou- ples as families under law could even save taxpayers money because mar- riage would require them to assume legal responsibility for their joint living expenses and reduce their dependence on public assistance programs such as Medicaid, Temporary Assistance to Needy Families, Supplemental Security Income disability payments and food stamps.

Put another way, the money it would cost to extend benefits to same-sex couples could be outweighed by the money that would be saved as these families rely more fully on each other instead of state or federal government assistance.

For example, two studies conducted in 2003 by professors at the Univer- sity of Massachusetts, Amherst, and the University of California, Los Angeles, found that extending domestic partner benefits to same-sex couples in California and New Jersey would save taxpayers millions of dollars a year.

Specifically, the studies projected that the California state budget would save an estimated $8.1 million to $10.6 million each year by enacting the most comprehensive domestic partner law in the nation. In New Jersey, which passed a new domestic partner law in 2004, the savings were projected to be even higher—more than $61 million each year.

(Sources: “Equal Rights, Fiscal Responsibility: The Impact of A.B. 205 on California’s Budget,” by M. V. Lee Badgett, Ph.D., IGLSS, Department of Economics, University of Massachusetts, and R. Bradley Sears, J.D., Williams Project, UCLA School of Law, University of California, Los Angeles, May 2003, and “Supporting Families, Sav- ing Funds: A Fiscal Analysis of New Jersey’s Domestic Partnership Act,” by Badgett and Sears with Suzanne Goldberg, J.D., Rutgers School of Law—Newark, December 2003.)

Where Can Same-Sex Couples Marry Today? In 2001, the Netherlands became the first country to extend marriage rights to same-sex couples. Belgium passed a similar law two years later. Spain followed suit in July 2005, and in December 2005, the South African Supreme Court ruled that the country had to extend the rights of marriage to same-sex cou- ples by the end of 2006. Some of these countries, however, have strict citizen- ship or residency requirements that do not permit American couples to take advantage of the protections provided.

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240 ISSUE 15 / Should Same-Sex Marriage Be Legal?

could enter into a marriage (or eliminate restrictions on the age or familial relationships of those who may marry). Marriage would continue to recognize the highest possible commitment that can be made between two adults, plain and simple.

“How could marriage for same-sex couples possibly be good for the American family—or our country?”

“We shouldn’t just allow gay marriage. We should insist on gay marriage. We should regard it as scandalous that two people could claim to love each other and not want to sanctify their love with marriage and fidelity.”

—Conservative Columnist David Brooks, writing in The New York Times, Nov. 22, 2003.

The prospect of a significant change in our laws and customs has often caused people to worry more about dire consequences that could result than about the potential positive outcomes. In fact, precisely the same anxiety arose when some people fought to overturn the laws prohibiting marriage between people of different races in the 1950s and 1960s. (One Virginia judge even declared, “God intended to separate the races.”)

But in reality, opening marriage to couples who are so willing to fight for it could only strengthen the institution for all. It would open the doors to more supporters, not opponents. And it would help keep the age-old institution alive.

As history has repeatedly proven, institutions that fail to take account of the changing needs of the population are those that grow weak; those that recognize and accommodate changing needs grow strong. For example, the U.S. military, like American colleges and universities, grew stronger after per- mitting African Americans and women to join its ranks.

Similarly, granting same-sex couples the right to marry would strengthen the institution of marriage by allowing it to better meet the needs of the true diversity of family structures in America today.

“Can’t same-sex couples go to a lawyer to secure all the rights they need?” Not by a long shot. When a gay or lesbian person gets seriously ill, there is no legal document that can make their partner eligible to take leave from work under the federal Family and Medical Leave Act to provide care—because that law applies only to married couples.

When gay or lesbian people grow old and in need of nursing home care, there is no legal document that can give them the right to Medicaid coverage without potentially causing their partner to be forced from their home—because the federal Medicaid law only permits married spouses to keep their home without becoming ineligible for benefits.

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YES / Human Rights Campaign 241

And when a gay or lesbian person dies, there is no legal document that can extend Social Security survivor benefits or the right to inherit a retirement plan without severe tax burdens that stem from being “unmarried” in the eyes of the law.

These are only a few examples of the critical protections that are granted through more than 1,100 federal laws that protect only married couples.

In the absence of the right to marry, same-sex couples can only put in place a handful of the most basic arrangements, such as naming each other in a will or a power of attorney. And even these documents remain vulnerable to challenges in court by disgruntled family members.

“Won’t this cost taxpayers too much money?” No, it wouldn’t necessarily cost much at all. In fact, treating same-sex cou- ples as families under law could even save taxpayers money because mar- riage would require them to assume legal responsibility for their joint living expenses and reduce their dependence on public assistance programs such as Medicaid, Temporary Assistance to Needy Families, Supplemental Security Income disability payments and food stamps.

Put another way, the money it would cost to extend benefits to same-sex couples could be outweighed by the money that would be saved as these families rely more fully on each other instead of state or federal government assistance.

For example, two studies conducted in 2003 by professors at the Univer- sity of Massachusetts, Amherst, and the University of California, Los Angeles, found that extending domestic partner benefits to same-sex couples in California and New Jersey would save taxpayers millions of dollars a year.

Specifically, the studies projected that the California state budget would save an estimated $8.1 million to $10.6 million each year by enacting the most comprehensive domestic partner law in the nation. In New Jersey, which passed a new domestic partner law in 2004, the savings were projected to be even higher—more than $61 million each year.

(Sources: “Equal Rights, Fiscal Responsibility: The Impact of A.B. 205 on California’s Budget,” by M. V. Lee Badgett, Ph.D., IGLSS, Department of Economics, University of Massachusetts, and R. Bradley Sears, J.D., Williams Project, UCLA School of Law, University of California, Los Angeles, May 2003, and “Supporting Families, Sav- ing Funds: A Fiscal Analysis of New Jersey’s Domestic Partnership Act,” by Badgett and Sears with Suzanne Goldberg, J.D., Rutgers School of Law—Newark, December 2003.)

Where Can Same-Sex Couples Marry Today? In 2001, the Netherlands became the first country to extend marriage rights to same-sex couples. Belgium passed a similar law two years later. Spain followed suit in July 2005, and in December 2005, the South African Supreme Court ruled that the country had to extend the rights of marriage to same-sex cou- ples by the end of 2006. Some of these countries, however, have strict citizen- ship or residency requirements that do not permit American couples to take advantage of the protections provided.

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242 ISSUE 15 / Should Same-Sex Marriage Be Legal?

In 2003, Ontario became the first Canadian province to grant marriage to same-sex couples, and in July 2005, Canada’s federal government passed a law extending marriage equality nationwide.

In November 2003, the Massachusetts Supreme Judicial Court recog- nized the right of same-sex couples to marry, giving the state six months to begin issuing marriage licenses to same-sex couples. It began issuing licenses May 17, 2004.

In October 2008, the Connecticut Supreme Court recognized the right of same-sex couples to marry. Connecticut began issuing licenses to same-sex couples Nov. 12, 2008.

On Nov. 4, 2008, California voters approved Proposition 8, which amends the state constitution to prohibit marriage by same-sex couples. The amendment overrules a May 2008 decision by the California Supreme Court recognizing marriage equality. California continues to provide rights and responsibilities to registered domestic partners.

Follow the latest developments in California, New Jersey, New Mexico, New York, Oregon, Washington and other communities across the country at the HRC Marriage Center (www.hrc.org/marriage).

Other nations have also taken steps toward extending equal protec- tions to all couples, though the protections they provide are more limited than marriage. Croatia, Denmark, Finland, France, Germany, Iceland, Israel, New Zealand, Norway, Portugal, Slovenia, Switzerland, Sweden and the United Kingdom all have nationwide laws that grant same-sex partners a range of important rights, protections and obligations.

Beginning in December 2005, same-sex couples in the United King- dom have been able to apply for civil partnership licenses to certify their relationships before the government. These licenses provide same-sex cou- ples hospital visitation rights, pension benefits, the ability to gain parental responsibility for a partner’s children and other rights granted to opposite- sex couples.

What Protections Other Than Marriage Are Available to American Same-Sex Couples? At the federal level, there are no protections at all available to same-sex cou- ples. In fact, a federal law called the “Defense of Marriage Act” says that the federal government will discriminate against same-sex couples who marry by refusing to recognize their marriages or providing them with the federal pro- tections of marriage.

Some members of the U.S. Congress have tried to go even further by attempting to pass a federal marriage amendment that would write discrimi- nation against same-sex couples into the U.S. Constitution. This was defeated twice, in 2004 and 2006.

At the state level, Vermont, New Jersey and New Hampshire offer civil unions (as of 2008), which provide important state benefits but no federal pro- tections, such as Social Security survivor benefits. There is also no guarantee

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YES / Human Rights Campaign 243

that civil unions will be recognized outside these states. Forty-four states also have laws or state constitutional amendments explicitly prohibiting the recog- nition of marriages between same-sex partners.

Domestic partner laws have been enacted in California, Maine, Hawaii, Oregon, Washington and the District of Columbia. The benefits conferred by these laws vary; some offer access to family health insurance, others confer co-parenting rights. Some offer a broad range of rights similar to civil unions.

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242 ISSUE 15 / Should Same-Sex Marriage Be Legal?

In 2003, Ontario became the first Canadian province to grant marriage to same-sex couples, and in July 2005, Canada’s federal government passed a law extending marriage equality nationwide.

In November 2003, the Massachusetts Supreme Judicial Court recog- nized the right of same-sex couples to marry, giving the state six months to begin issuing marriage licenses to same-sex couples. It began issuing licenses May 17, 2004.

In October 2008, the Connecticut Supreme Court recognized the right of same-sex couples to marry. Connecticut began issuing licenses to same-sex couples Nov. 12, 2008.

On Nov. 4, 2008, California voters approved Proposition 8, which amends the state constitution to prohibit marriage by same-sex couples. The amendment overrules a May 2008 decision by the California Supreme Court recognizing marriage equality. California continues to provide rights and responsibilities to registered domestic partners.

Follow the latest developments in California, New Jersey, New Mexico, New York, Oregon, Washington and other communities across the country at the HRC Marriage Center (www.hrc.org/marriage).

Other nations have also taken steps toward extending equal protec- tions to all couples, though the protections they provide are more limited than marriage. Croatia, Denmark, Finland, France, Germany, Iceland, Israel, New Zealand, Norway, Portugal, Slovenia, Switzerland, Sweden and the United Kingdom all have nationwide laws that grant same-sex partners a range of important rights, protections and obligations.

Beginning in December 2005, same-sex couples in the United King- dom have been able to apply for civil partnership licenses to certify their relationships before the government. These licenses provide same-sex cou- ples hospital visitation rights, pension benefits, the ability to gain parental responsibility for a partner’s children and other rights granted to opposite- sex couples.

What Protections Other Than Marriage Are Available to American Same-Sex Couples? At the federal level, there are no protections at all available to same-sex cou- ples. In fact, a federal law called the “Defense of Marriage Act” says that the federal government will discriminate against same-sex couples who marry by refusing to recognize their marriages or providing them with the federal pro- tections of marriage.

Some members of the U.S. Congress have tried to go even further by attempting to pass a federal marriage amendment that would write discrimi- nation against same-sex couples into the U.S. Constitution. This was defeated twice, in 2004 and 2006.

At the state level, Vermont, New Jersey and New Hampshire offer civil unions (as of 2008), which provide important state benefits but no federal pro- tections, such as Social Security survivor benefits. There is also no guarantee

324 An Examined Life Critical Thinking and Ethics

YES / Human Rights Campaign 243

that civil unions will be recognized outside these states. Forty-four states also have laws or state constitutional amendments explicitly prohibiting the recog- nition of marriages between same-sex partners.

Domestic partner laws have been enacted in California, Maine, Hawaii, Oregon, Washington and the District of Columbia. The benefits conferred by these laws vary; some offer access to family health insurance, others confer co-parenting rights. Some offer a broad range of rights similar to civil unions.

Questions About Same-Sex Marriage by Human Rights Campaign 325

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BIBLIOGRAPHY

National Review, July 2004. John Cornyn, United States senator from Texas, says a constitutional amendment is needed to define marriage as per- missible only between a man and a woman. Senator Cornyn contends that the traditional institution of marriage needs to be protected from activist courts that would seek to redefine it.

Human Rights Campaign Report, 2011. The Human Rights Campaign (HRC), America’s largest gay and lesbian organization, explains why same-sex couples should be afforded the same legal right to marry as heterosexual couples.

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437Chapter 15: Free Speech

CHAPTER 15: Free Speech

INTRODUCTION

Our notion of freedom of speech is changing. The internet, social media, and smartphones have created a situation where the unfiltered rants of almost anyone can find an audience. In some cases the speech is deliberately made public for public consumption—the person is taking a stand on a particular issue, yet in other cases the speech is not made in this manner. It is unclear whether private correspondence, which is later made public via other outlets ought to be held in the same regard as public free speech. Recent stories, such as the personal racist ranting of the LA Clippers owner, Donald Sterling, make it clear that society has limited tolerance for certain types of speech. Ironically, Mr. Sterling was not out in public, marching at a KKK rally when he made his comments about African Americans, he was talking to his girlfriend (who just happened to be recording the conversation). Clearly it would appear to be hypocritical to keep your racist loathing to yourself, while you maintain a public image of tolerance and sensitivity. At the same time none of us are held accountable, in a public domain for the personal views we keep to ourselves or share with those we hold in close confidence. Yet when a celebrity has their confidences betrayed and their personal shortcomings are broadcast to the masses, we hold them accountable for their speech and their actions.

Another similar case, involves the “bully-gate” scandal of the Miami Dolphins. In this case, racist and degrading voicemails and texts where sent by various players to harass and degrade a member of the team. It is unclear whether certain opinions (regardless of their epistemic value or veracity) are unethical. Is it unethical to hold that women are inferior to men (as Aristotle did) or that some people are simply better than others, (such as Nietzsche), or that to cause pain in others is entirely reasonable (such as the Marquis de Sade)? Should speech promoting such views be limited?

In the past, children were raised on nursery rhyme, “sticks and stones will break my bones, but words will never hurt me.” Now, it seems that words can hurt, and that the consequences for their “misuse” can be severe. Celebrities, such a Paula Dean have lost millions of dollars in endorsement deals for using a repugnant pejorative for African-Americans in their daily life, while rappers like Dr. Dre have made millions using the very same word in their music lyrics.

Other cases push the boundaries of what constitutes free speech as well as further cloud the cloud the issue. The case of Edward Snowden, the NSA contractor that blew the whistle on extensive government spying raises questions about personal freedom, privacy, and free speech. Is our speech free if the government is listening in? Similar tactics were employed by the

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Soviet Union and Nazi Germany. Some argue that in a post 9/11 world we must be willing to give up some of our freedoms in the name of security, while others argue that this is the first step towards become like the tyrannical societies mentioned above.

John Stuart Mill argues that free speech is essential to a democratic society. Mill argues that free speech and the free exchange of ideas are necessary for social progress. John Locke examines the issue of free speech primarily in reference to freedom of expression and religious belief. Locke felt that unnecessary civil unrest was created by limiting religious expression or by enforcing a state religion. Stanley Fish argues that there have always been limitations on speech, and that such limitations are reasonable. He notes obvious examples such as the fact that yelling “fire” in a crowded theater has never been free and from this extends the notion of limitations of speech to other cases.

Octavio Roca and Matthew Schuh

On Liberty

John Stuart Mill

John Stuart Mill was born in London in 1806. He was educated by his father, the Scottish economist and philosopher James Mill, who put him through a rigorous pro- gram of study from his earliest years. Mill was reading Greek at age three and Latin at age eight. As a boy he read works of many classical authors in their original languages, including works by Plato and Aristotle. When he was thirteen, he began studying the economic theories of Adam Smith and David Ricardo. The following year he traveled to France and spent a year with the family of Samuel Bentham (brother of English jurist and philosopher Jeremy Bentham). After returning to England, he began to study Roman law, with a view to possibly becoming a lawyer. But in 1823, when he was seventeen, he took a job at the British East India Company, where he was employed for the next thirty-five years. Mill was elected to Parliament in 1865, but failed to gain reelection in 1868. After his defeat he retired to Avignon, France, where he died in 1873.

Mill’s major writings include A System of Logic (1843), Principles of Political Economy (1848), On Liberty (1859), Utilitarianism (published serially in Fraser’s Magazine in 1861, separately in 1863), and The Subjection of Women (written in 1861, published in 1869).

This reading is from Chapters II and III of On Liberty. In Chapter II, Mill defends the political right to freedom of thought and discussion. He argues that even if public opinion supports a restriction of this right, such restriction (except for certain cases discussed in Chapter III) is illegitimate. On the one hand, if a suppressed opinion is correct, society is “deprived of the opportunity of exchanging error for truth.” Individuals and societies need to keep in mind that even their most cherished beliefs are fallible and that a critic may be correct. Opinions attain reliability only when they have been subject to discussion and criticism. On the other hand, if a suppressed opinion is incorrect, society loses an opportunity for “the clearer perception and livelier impression of truth produced by its collision with error.” Even if a generally- held opinion is true, to hold it without considering contrary views is to hold it “as a dead dogma, not a living truth”; moreover, the full original meaning of the opinion is likely to be lost. In most cases, neither the minority opinion nor the majority opinion is wholly true or false, but each contains a portion of the truth. In these cases, free discussion is required if we are to arrive at a more complete truth.

In Chapter III, Mill explains that the right to freedom of expression is not unlim- ited: “Opinions lose their immunity when the circumstances in which they are expressed are such as to constitute their expression a positive instigation to some mis- chievous act.” For example, it is legitimate to prevent someone from giving a speech likely to incite an angry mob to violence. But if the risks of free expression concern only the person exercising this right, society should not prohibit these expressions of individuality, since individuality is a key ingredient of human happiness.

From John Stuart Mill, On Liberty. 4th ed. London: Longmans, Green, Reader & Dyer, 1869.

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439On Liberty (selection): Reading

On Liberty

John Stuart Mill

John Stuart Mill was born in London in 1806. He was educated by his father, the Scottish economist and philosopher James Mill, who put him through a rigorous pro- gram of study from his earliest years. Mill was reading Greek at age three and Latin at age eight. As a boy he read works of many classical authors in their original languages, including works by Plato and Aristotle. When he was thirteen, he began studying the economic theories of Adam Smith and David Ricardo. The following year he traveled to France and spent a year with the family of Samuel Bentham (brother of English jurist and philosopher Jeremy Bentham). After returning to England, he began to study Roman law, with a view to possibly becoming a lawyer. But in 1823, when he was seventeen, he took a job at the British East India Company, where he was employed for the next thirty-five years. Mill was elected to Parliament in 1865, but failed to gain reelection in 1868. After his defeat he retired to Avignon, France, where he died in 1873.

Mill’s major writings include A System of Logic (1843), Principles of Political Economy (1848), On Liberty (1859), Utilitarianism (published serially in Fraser’s Magazine in 1861, separately in 1863), and The Subjection of Women (written in 1861, published in 1869).

This reading is from Chapters II and III of On Liberty. In Chapter II, Mill defends the political right to freedom of thought and discussion. He argues that even if public opinion supports a restriction of this right, such restriction (except for certain cases discussed in Chapter III) is illegitimate. On the one hand, if a suppressed opinion is correct, society is “deprived of the opportunity of exchanging error for truth.” Individuals and societies need to keep in mind that even their most cherished beliefs are fallible and that a critic may be correct. Opinions attain reliability only when they have been subject to discussion and criticism. On the other hand, if a suppressed opinion is incorrect, society loses an opportunity for “the clearer perception and livelier impression of truth produced by its collision with error.” Even if a generally- held opinion is true, to hold it without considering contrary views is to hold it “as a dead dogma, not a living truth”; moreover, the full original meaning of the opinion is likely to be lost. In most cases, neither the minority opinion nor the majority opinion is wholly true or false, but each contains a portion of the truth. In these cases, free discussion is required if we are to arrive at a more complete truth.

In Chapter III, Mill explains that the right to freedom of expression is not unlim- ited: “Opinions lose their immunity when the circumstances in which they are expressed are such as to constitute their expression a positive instigation to some mis- chievous act.” For example, it is legitimate to prevent someone from giving a speech likely to incite an angry mob to violence. But if the risks of free expression concern only the person exercising this right, society should not prohibit these expressions of individuality, since individuality is a key ingredient of human happiness.

From John Stuart Mill, On Liberty. 4th ed. London: Longmans, Green, Reader & Dyer, 1869.

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An Examined Life: Critical Thinking and Ethics

Chapter II. Of the Liberty of Thought and Discussion

The time, it is to be hoped, is gone by, when any defense would be necessary of the “liberty of the press” as one of the securities against corrupt or tyran- nical government. No argument, we may suppose, can now be needed against permitting a legislature or an executive, not identified in interest with the people, to prescribe opinions to them and determine what doc- trines or what arguments they shall be allowed to hear. This aspect of the question, besides, has been so often and so triumphantly enforced by pre- ceding writers that it needs not be specially insisted on in this place. Though the law of England on the subject of the press is as servile to this day as it was in the time of the Tudors,1 there is little danger of its being actually put in force against political discussion, except during some temporary panic, when fear of insurrection drives ministers and judges from their propriety; and, speaking generally, it is not, in constitutional countries, to be appre- hended that the government, whether completely responsible to the people or not, will often attempt to control the expression of opinion, except when in doing so it makes itself the organ of the general intolerance of the pub- lic. Let us suppose, therefore, that the government is entirely at one with the people and never thinks of exerting any power of coercion unless in agree- ment with what it conceives to be their voice. But I deny the right of the peo- ple to exercise such coercion, either by themselves or by their government. The power itself is illegitimate. The best government has no more title to it than the worst. It is as noxious, or more noxious, when exerted in accor- dance with public opinion, than when in opposition to it. If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind. Were an opinion a personal possession of no value except to the owner, if to be obstructed in the enjoyment of it were simply a private injury, it would make some difference whether the injury was inflicted only on a few persons or on many. But the peculiar evil of silencing the expression of an opinion is that it is robbing the human race—posterity as well as the existing generation, those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth; if wrong, they lose what is almost as great a benefit, the clearer per- ception and livelier impression of truth produced by its collision with error.

It is necessary to consider separately these two hypotheses, each of which has a distinct branch of the argument corresponding to it. We can never be sure that the opinion we are endeavoring to stifle is a false opinion; and if we were sure, stifling it would be an evil still.

First, the opinion which it is attempted to suppress by authority may possibly be true. Those who desire to suppress it, of course deny its truth; but they are not infallible. They have no authority to decide the question for all mankind and exclude every other person from the means of judg- ing. To refuse a hearing to an opinion because they are sure that it is false,

On Liberty (selection): Reading 327

is to assume that their certainty is the same thing as absolute certainty. All silencing of discussion is an assumption of infallibility. Its condemnation may be allowed to rest on this common argument, not the worse for being common.

Unfortunately for the good sense of mankind, the fact of their fallibility is far from carrying the weight in their practical judgment which is always allowed to it in theory; for while everyone well knows himself to be fallible, few think it necessary to take any precautions against their own fallibility, or admit the supposition that any opinion of which they feel very certain may be one of the examples of the error to which they acknowledge themselves to be liable. Absolute princes, or others who are accustomed to unlimited deference, usually feel this complete confidence in their own opinions on nearly all subjects. People more happily situated, who sometimes hear their opinions disputed and are not wholly unused to be set right when they are wrong, place the same unbounded reliance only on such of their opinions as are shared by all who surround them, or to whom they habitually defer. For in proportion to a man’s want2 of confidence in his own solitary judg- ment, does he usually repose, with implicit trust, on the infallibility of “the world” in general. And the world, to each individual, means the part of it with which he comes in contact: his party, his sect, his church, his class of society. The man may be called, by comparison, almost liberal and large- minded to whom it means anything so comprehensive as his own country or his own age. Nor is his faith in this collective authority at all shaken by his being aware that other ages, countries, sects, churches, classes, and parties have thought, and even now think, the exact reverse. He devolves upon his own world the responsibility of being in the right against the dissentient worlds of other people; and it never troubles him that mere accident has decided which of these numerous worlds is the object of his reliance, and that the same causes which make him a churchman in London would have made him a Buddhist or a Confucian in Peking [Beijing]. Yet it is as evident in itself as any amount of argument can make it, that ages are no more infal- lible than individuals, every age having held many opinions which subse- quent ages have deemed not only false but absurd; and it is as certain that many opinions, now general, will be rejected by future ages, as it is that many, once general, are rejected by the present.

The objection likely to be made to this argument would probably take some such form as the following. There is no greater assumption of infalli- bility in forbidding the propagation of error, than in any other thing which is done by public authority on its own judgment and responsibility. Judgment is given to men that they may use it. Because it may be used erro- neously, are men to be told that they ought not to use it at all? To prohibit what they think pernicious is not claiming exemption from error, but ful- filling the duty incumbent on them, although fallible, of acting on their conscientious conviction. If we were never to act on our opinions because those opinions may be wrong, we should leave all our interests uncared for,

328 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

441On Liberty (selection): Reading

Chapter II. Of the Liberty of Thought and Discussion

The time, it is to be hoped, is gone by, when any defense would be necessary of the “liberty of the press” as one of the securities against corrupt or tyran- nical government. No argument, we may suppose, can now be needed against permitting a legislature or an executive, not identified in interest with the people, to prescribe opinions to them and determine what doc- trines or what arguments they shall be allowed to hear. This aspect of the question, besides, has been so often and so triumphantly enforced by pre- ceding writers that it needs not be specially insisted on in this place. Though the law of England on the subject of the press is as servile to this day as it was in the time of the Tudors,1 there is little danger of its being actually put in force against political discussion, except during some temporary panic, when fear of insurrection drives ministers and judges from their propriety; and, speaking generally, it is not, in constitutional countries, to be appre- hended that the government, whether completely responsible to the people or not, will often attempt to control the expression of opinion, except when in doing so it makes itself the organ of the general intolerance of the pub- lic. Let us suppose, therefore, that the government is entirely at one with the people and never thinks of exerting any power of coercion unless in agree- ment with what it conceives to be their voice. But I deny the right of the peo- ple to exercise such coercion, either by themselves or by their government. The power itself is illegitimate. The best government has no more title to it than the worst. It is as noxious, or more noxious, when exerted in accor- dance with public opinion, than when in opposition to it. If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind. Were an opinion a personal possession of no value except to the owner, if to be obstructed in the enjoyment of it were simply a private injury, it would make some difference whether the injury was inflicted only on a few persons or on many. But the peculiar evil of silencing the expression of an opinion is that it is robbing the human race—posterity as well as the existing generation, those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth; if wrong, they lose what is almost as great a benefit, the clearer per- ception and livelier impression of truth produced by its collision with error.

It is necessary to consider separately these two hypotheses, each of which has a distinct branch of the argument corresponding to it. We can never be sure that the opinion we are endeavoring to stifle is a false opinion; and if we were sure, stifling it would be an evil still.

First, the opinion which it is attempted to suppress by authority may possibly be true. Those who desire to suppress it, of course deny its truth; but they are not infallible. They have no authority to decide the question for all mankind and exclude every other person from the means of judg- ing. To refuse a hearing to an opinion because they are sure that it is false,

On Liberty (selection): Reading 327

is to assume that their certainty is the same thing as absolute certainty. All silencing of discussion is an assumption of infallibility. Its condemnation may be allowed to rest on this common argument, not the worse for being common.

Unfortunately for the good sense of mankind, the fact of their fallibility is far from carrying the weight in their practical judgment which is always allowed to it in theory; for while everyone well knows himself to be fallible, few think it necessary to take any precautions against their own fallibility, or admit the supposition that any opinion of which they feel very certain may be one of the examples of the error to which they acknowledge themselves to be liable. Absolute princes, or others who are accustomed to unlimited deference, usually feel this complete confidence in their own opinions on nearly all subjects. People more happily situated, who sometimes hear their opinions disputed and are not wholly unused to be set right when they are wrong, place the same unbounded reliance only on such of their opinions as are shared by all who surround them, or to whom they habitually defer. For in proportion to a man’s want2 of confidence in his own solitary judg- ment, does he usually repose, with implicit trust, on the infallibility of “the world” in general. And the world, to each individual, means the part of it with which he comes in contact: his party, his sect, his church, his class of society. The man may be called, by comparison, almost liberal and large- minded to whom it means anything so comprehensive as his own country or his own age. Nor is his faith in this collective authority at all shaken by his being aware that other ages, countries, sects, churches, classes, and parties have thought, and even now think, the exact reverse. He devolves upon his own world the responsibility of being in the right against the dissentient worlds of other people; and it never troubles him that mere accident has decided which of these numerous worlds is the object of his reliance, and that the same causes which make him a churchman in London would have made him a Buddhist or a Confucian in Peking [Beijing]. Yet it is as evident in itself as any amount of argument can make it, that ages are no more infal- lible than individuals, every age having held many opinions which subse- quent ages have deemed not only false but absurd; and it is as certain that many opinions, now general, will be rejected by future ages, as it is that many, once general, are rejected by the present.

The objection likely to be made to this argument would probably take some such form as the following. There is no greater assumption of infalli- bility in forbidding the propagation of error, than in any other thing which is done by public authority on its own judgment and responsibility. Judgment is given to men that they may use it. Because it may be used erro- neously, are men to be told that they ought not to use it at all? To prohibit what they think pernicious is not claiming exemption from error, but ful- filling the duty incumbent on them, although fallible, of acting on their conscientious conviction. If we were never to act on our opinions because those opinions may be wrong, we should leave all our interests uncared for,

328 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics442 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

and all our duties unperformed. An objection which applies to all conduct can be no valid objection to any conduct in particular.

It is the duty of governments and of individuals to form the truest opin- ions they can, to form them carefully, and never impose them upon others unless they are quite sure of being right. But when they are sure (such rea- soners may say), it is not conscientiousness but cowardice to shrink from act- ing on their opinions and allow doctrines which they honestly think dangerous to the welfare of mankind, either in this life or in another, to be scattered abroad without restraint, because other people, in less enlight- ened times, have persecuted opinions now believed to be true. Let us take care, it may be said, not to make the same mistake. But governments and nations have made mistakes in other things which are not denied to be fit subjects for the exercise of authority: They have laid on bad taxes, made unjust wars. Ought we therefore to lay on no taxes and, under whatever provocation, make no wars? Men and governments must act to the best of their ability. There is no such thing as absolute certainty, but there is assur- ance sufficient for the purposes of human life. We may, and must, assume our opinion to be true for the guidance of our own conduct; and it is assum- ing no more when we forbid bad men to pervert society by the propagation of opinions which we regard as false and pernicious.

I answer that it is assuming very much more. There is the greatest dif- ference between presuming an opinion to be true because, with every opportunity for contesting it, it has not been refuted, and assuming its truth for the purpose of not permitting its refutation. Complete liberty of contra- dicting and disproving our opinion is the very condition which justifies us in assuming its truth for purposes of action; and on no other terms can a being with human faculties have any rational assurance of being right.

When we consider either the history of opinion or the ordinary conduct of human life, to what is it to be ascribed that the one and the other are no worse than they are? Not certainly to the inherent force of the human understanding; for, on any matter not self-evident, there are ninety-nine persons totally incapable of judging of it, for one who is capable; and the capacity of the hundredth person is only comparative; for the majority of the eminent men of every past generation held many opinions now known to be erroneous and did or approved numerous things which no one will now justify. Why is it, then, that there is on the whole a preponderance among mankind of rational opinions and rational conduct? If there really is this preponderance—which there must be, unless human affairs are, and have always been, in an almost desperate state—it is owing to a quality of the human mind, the source of everything respectable in man, either as an intellectual or as a moral being, namely, that his errors are corrigible. He is capable of rectifying his mistakes by discussion and experience—not by experience alone. There must be discussion to show how experience is to be interpreted. Wrong opinions and practices gradually yield to fact and argu- ment; but facts and arguments, to produce any effect on the mind, must be

On Liberty (selection): Reading 329

brought before it. Very few facts are able to tell their own story without com- ments to bring out their meaning. The whole strength and value, then, of human judgment, depending on the one property, that it can be set right when it is wrong, reliance can be placed on it only when the means of set- ting it right are kept constantly at hand. In the case of any person whose judgment is really deserving of confidence, how has it become so? Because he has kept his mind open to criticism of his opinions and conduct. Because it has been his practice to listen to all that could be said against him, to profit by as much of it as was just,3 and expound to himself (and upon occasion to others) the fallacy of what was fallacious. Because he has felt that the only way in which a human being can make some approach to knowing the whole of a subject is by hearing what can be said about it by persons of every variety of opinion and studying all modes in which it can be looked at by every character of mind. No wise man ever acquired his wisdom in any mode but this; nor is it in the nature of human intellect to become wise in any other manner. The steady habit of correcting and completing his own opin- ion by collating it with those of others, so far from causing doubt and hesi- tation in carrying it into practice, is the only stable foundation for a just reliance on it. For, being cognizant of all that can, at least obviously, be said against him, and having taken up his position against all gainsayers,4 know- ing that he has sought for objections and difficulties instead of avoiding them, and has shut out no light which can be thrown upon the subject from any quarter—he has a right to think his judgment better than that of any person, or any multitude, who have not gone through a similar process. . . .

Let us now pass to the second division of the argument, and, dismissing the supposition that any of the received opinions may be false, let us assume them to be true and examine into the worth of the manner in which they are likely to be held, when their truth is not freely and openly canvassed. However unwillingly a person who has a strong opinion may admit the pos- sibility that his opinion may be false, he ought to be moved by the consid- eration that, however true it may be, if it is not fully, frequently, and fearlessly discussed, it will be held as a dead dogma, not a living truth.

There is a class of persons (happily not quite so numerous as formerly) who think it enough if a person assents undoubtingly to what they think true, though he has no knowledge whatever of the grounds of the opinion and could not make a tenable defense of it against the most superficial objections. Such persons, if they can once get their creed taught from authority, naturally think that no good, and some harm, comes of its being allowed to be questioned. Where their influence prevails, they make it nearly impossible for the received opinion to be rejected wisely and consid- erately, though it may still be rejected rashly and ignorantly; for to shut out discussion entirely is seldom possible, and when it once gets in, beliefs not grounded on conviction are apt to give way before the slightest semblance of an argument. Waiving, however, this possibility—assuming that the true opinion abides in the mind, but abides as a prejudice, a belief independent

330 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

443On Liberty (selection): Reading

and all our duties unperformed. An objection which applies to all conduct can be no valid objection to any conduct in particular.

It is the duty of governments and of individuals to form the truest opin- ions they can, to form them carefully, and never impose them upon others unless they are quite sure of being right. But when they are sure (such rea- soners may say), it is not conscientiousness but cowardice to shrink from act- ing on their opinions and allow doctrines which they honestly think dangerous to the welfare of mankind, either in this life or in another, to be scattered abroad without restraint, because other people, in less enlight- ened times, have persecuted opinions now believed to be true. Let us take care, it may be said, not to make the same mistake. But governments and nations have made mistakes in other things which are not denied to be fit subjects for the exercise of authority: They have laid on bad taxes, made unjust wars. Ought we therefore to lay on no taxes and, under whatever provocation, make no wars? Men and governments must act to the best of their ability. There is no such thing as absolute certainty, but there is assur- ance sufficient for the purposes of human life. We may, and must, assume our opinion to be true for the guidance of our own conduct; and it is assum- ing no more when we forbid bad men to pervert society by the propagation of opinions which we regard as false and pernicious.

I answer that it is assuming very much more. There is the greatest dif- ference between presuming an opinion to be true because, with every opportunity for contesting it, it has not been refuted, and assuming its truth for the purpose of not permitting its refutation. Complete liberty of contra- dicting and disproving our opinion is the very condition which justifies us in assuming its truth for purposes of action; and on no other terms can a being with human faculties have any rational assurance of being right.

When we consider either the history of opinion or the ordinary conduct of human life, to what is it to be ascribed that the one and the other are no worse than they are? Not certainly to the inherent force of the human understanding; for, on any matter not self-evident, there are ninety-nine persons totally incapable of judging of it, for one who is capable; and the capacity of the hundredth person is only comparative; for the majority of the eminent men of every past generation held many opinions now known to be erroneous and did or approved numerous things which no one will now justify. Why is it, then, that there is on the whole a preponderance among mankind of rational opinions and rational conduct? If there really is this preponderance—which there must be, unless human affairs are, and have always been, in an almost desperate state—it is owing to a quality of the human mind, the source of everything respectable in man, either as an intellectual or as a moral being, namely, that his errors are corrigible. He is capable of rectifying his mistakes by discussion and experience—not by experience alone. There must be discussion to show how experience is to be interpreted. Wrong opinions and practices gradually yield to fact and argu- ment; but facts and arguments, to produce any effect on the mind, must be

On Liberty (selection): Reading 329

brought before it. Very few facts are able to tell their own story without com- ments to bring out their meaning. The whole strength and value, then, of human judgment, depending on the one property, that it can be set right when it is wrong, reliance can be placed on it only when the means of set- ting it right are kept constantly at hand. In the case of any person whose judgment is really deserving of confidence, how has it become so? Because he has kept his mind open to criticism of his opinions and conduct. Because it has been his practice to listen to all that could be said against him, to profit by as much of it as was just,3 and expound to himself (and upon occasion to others) the fallacy of what was fallacious. Because he has felt that the only way in which a human being can make some approach to knowing the whole of a subject is by hearing what can be said about it by persons of every variety of opinion and studying all modes in which it can be looked at by every character of mind. No wise man ever acquired his wisdom in any mode but this; nor is it in the nature of human intellect to become wise in any other manner. The steady habit of correcting and completing his own opin- ion by collating it with those of others, so far from causing doubt and hesi- tation in carrying it into practice, is the only stable foundation for a just reliance on it. For, being cognizant of all that can, at least obviously, be said against him, and having taken up his position against all gainsayers,4 know- ing that he has sought for objections and difficulties instead of avoiding them, and has shut out no light which can be thrown upon the subject from any quarter—he has a right to think his judgment better than that of any person, or any multitude, who have not gone through a similar process. . . .

Let us now pass to the second division of the argument, and, dismissing the supposition that any of the received opinions may be false, let us assume them to be true and examine into the worth of the manner in which they are likely to be held, when their truth is not freely and openly canvassed. However unwillingly a person who has a strong opinion may admit the pos- sibility that his opinion may be false, he ought to be moved by the consid- eration that, however true it may be, if it is not fully, frequently, and fearlessly discussed, it will be held as a dead dogma, not a living truth.

There is a class of persons (happily not quite so numerous as formerly) who think it enough if a person assents undoubtingly to what they think true, though he has no knowledge whatever of the grounds of the opinion and could not make a tenable defense of it against the most superficial objections. Such persons, if they can once get their creed taught from authority, naturally think that no good, and some harm, comes of its being allowed to be questioned. Where their influence prevails, they make it nearly impossible for the received opinion to be rejected wisely and consid- erately, though it may still be rejected rashly and ignorantly; for to shut out discussion entirely is seldom possible, and when it once gets in, beliefs not grounded on conviction are apt to give way before the slightest semblance of an argument. Waiving, however, this possibility—assuming that the true opinion abides in the mind, but abides as a prejudice, a belief independent

330 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics444 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

of, and proof5 against, argument—this is not the way in which truth ought to be held by a rational being. This is not knowing the truth. Truth, thus held, is but one superstition the more, accidentally clinging to the words which enunciate a truth. . . .

He who knows only his own side of the case, knows little of that. His rea- sons may be good, and no one may have been able to refute them. But if he is equally unable to refute the reasons on the opposite side, if he does not so much as know what they are, he has no ground for preferring either opinion. The rational position for him would be suspension of judgment, and unless he contents himself with that, he is either led by authority or adopts, like the generality of the world, the side to which he feels most inclination. Nor is it enough that he should hear the arguments of adversaries from his own teachers, presented as they state them and accompanied by what they offer as refutations. This is not the way to do justice to the arguments or bring them into real contact with his own mind. He must be able to hear them from persons who actually believe them, who defend them in earnest and do their very utmost for them. He must know them in their most plausible and per- suasive form; he must feel the whole force of the difficulty which the true view of the subject has to encounter and dispose of, else he will never really possess himself of the portion of truth which meets and removes that diffi- culty. Ninety-nine in a hundred of what are called educated men are in this condition, even of those who can argue fluently for their opinions. Their conclusion may be true, but it might be false for anything they know: They have never thrown themselves into the mental position of those who think differently from them, and considered what such persons may have to say; and consequently they do not, in any proper sense of the word, know the doc- trine which they themselves profess. They do not know those parts of it which explain and justify the remainder; the considerations which show that a fact which seemingly conflicts with another is reconcilable with it, or that, of two apparently strong reasons, one and not the other ought to be preferred. All that part of the truth which turns the scale and decides the judgment of a completely informed mind, they are strangers to; nor is it ever really known, but to those who have attended equally and impartially to both sides and endeavored to see the reasons of both in the strongest light. So essential is this discipline to a real understanding of moral and human subjects, that if opponents of all important truths do not exist, it is indispensable to imagine them and supply them with the strongest arguments which the most skillful devil’s advocate can conjure up.

To abate the force of these considerations, an enemy of free discussion may be supposed to say that there is no necessity for mankind in general to know and understand all that can be said against or for their opinions by philosophers and theologians. That it is not needful for common men to be able to expose all the misstatements or fallacies of an ingenious opponent. That it is enough if there is always somebody capable of answering them, so that nothing likely to mislead uninstructed persons remains unrefuted.

On Liberty (selection): Reading 331

That simple minds, having been taught the obvious grounds of the truths inculcated on them, may trust to authority for the rest and, being aware that they have neither knowledge nor talent to resolve every difficulty which can be raised, may repose in the assurance that all those which have been raised have been or can be answered by those who are specially trained to the task.

Conceding to this view of the subject the utmost that can be claimed for it by those most easily satisfied with the amount of understanding of truth which ought to accompany the belief of it; even so, the argument for free discussion is no way weakened. For even this doctrine acknowledges that mankind ought to have a rational assurance that all objections have been satisfactorily answered; and how are they to be answered if that which requires to be answered is not spoken? Or how can the answer be known to be satisfactory, if the objectors have no opportunity of showing that it is unsatisfactory? If not the public, at least the philosophers and theologians who are to resolve the difficulties, must make themselves familiar with those difficulties in their most puzzling form; and this cannot be accomplished unless they are freely stated, and placed in the most advantageous light which they admit of. . . .

If, however, the mischievous operation of the absence of free discussion, when the received opinions are true, were confined to leaving men ignorant of the grounds of those opinions, it might be thought that this, if an intel- lectual [evil], is no moral evil, and does not affect the worth of the opinions, regarded in their influence on the character. The fact, however, is that not only the grounds of the opinion are forgotten in the absence of discussion, but too often the meaning of the opinion itself. The words which convey it cease to suggest ideas, or suggest only a small portion of those they were originally employed to communicate. Instead of a vivid conception and a liv- ing belief, there remain only a few phrases retained by rote; or, if any part, the shell and husk only of the meaning is retained, the finer essence being lost. The great chapter in human history which this fact occupies and fills cannot be too earnestly studied and meditated on.

It is illustrated in the experience of almost all ethical doctrines and reli- gious creeds. They are all full of meaning and vitality to those who originate them and to the direct disciples of the originators. Their meaning contin- ues to be felt in undiminished strength, and is perhaps brought out into even fuller consciousness, so long as the struggle lasts to give the doctrine or creed an ascendancy over other creeds. At last it either prevails and becomes the general opinion, or its progress stops; it keeps possession of the ground it has gained but ceases to spread further. When either of these results has become apparent, controversy on the subject flags and gradually dies away. The doctrine has taken its place, if not as a received opinion, as one of the admitted sects or divisions of opinion: Those who hold it have generally inherited, not adopted, it; and conversion from one of these doc- trines to another, being now an exceptional fact, occupies little place in the thoughts of their professors. Instead of being, as at first, constantly on the

332 An Examined Life Critical Thinking and Ethics

17_bos5511X_Ch15_p437-459.indd 444 7/24/14 10:18 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

445On Liberty (selection): Reading

of, and proof5 against, argument—this is not the way in which truth ought to be held by a rational being. This is not knowing the truth. Truth, thus held, is but one superstition the more, accidentally clinging to the words which enunciate a truth. . . .

He who knows only his own side of the case, knows little of that. His rea- sons may be good, and no one may have been able to refute them. But if he is equally unable to refute the reasons on the opposite side, if he does not so much as know what they are, he has no ground for preferring either opinion. The rational position for him would be suspension of judgment, and unless he contents himself with that, he is either led by authority or adopts, like the generality of the world, the side to which he feels most inclination. Nor is it enough that he should hear the arguments of adversaries from his own teachers, presented as they state them and accompanied by what they offer as refutations. This is not the way to do justice to the arguments or bring them into real contact with his own mind. He must be able to hear them from persons who actually believe them, who defend them in earnest and do their very utmost for them. He must know them in their most plausible and per- suasive form; he must feel the whole force of the difficulty which the true view of the subject has to encounter and dispose of, else he will never really possess himself of the portion of truth which meets and removes that diffi- culty. Ninety-nine in a hundred of what are called educated men are in this condition, even of those who can argue fluently for their opinions. Their conclusion may be true, but it might be false for anything they know: They have never thrown themselves into the mental position of those who think differently from them, and considered what such persons may have to say; and consequently they do not, in any proper sense of the word, know the doc- trine which they themselves profess. They do not know those parts of it which explain and justify the remainder; the considerations which show that a fact which seemingly conflicts with another is reconcilable with it, or that, of two apparently strong reasons, one and not the other ought to be preferred. All that part of the truth which turns the scale and decides the judgment of a completely informed mind, they are strangers to; nor is it ever really known, but to those who have attended equally and impartially to both sides and endeavored to see the reasons of both in the strongest light. So essential is this discipline to a real understanding of moral and human subjects, that if opponents of all important truths do not exist, it is indispensable to imagine them and supply them with the strongest arguments which the most skillful devil’s advocate can conjure up.

To abate the force of these considerations, an enemy of free discussion may be supposed to say that there is no necessity for mankind in general to know and understand all that can be said against or for their opinions by philosophers and theologians. That it is not needful for common men to be able to expose all the misstatements or fallacies of an ingenious opponent. That it is enough if there is always somebody capable of answering them, so that nothing likely to mislead uninstructed persons remains unrefuted.

On Liberty (selection): Reading 331

That simple minds, having been taught the obvious grounds of the truths inculcated on them, may trust to authority for the rest and, being aware that they have neither knowledge nor talent to resolve every difficulty which can be raised, may repose in the assurance that all those which have been raised have been or can be answered by those who are specially trained to the task.

Conceding to this view of the subject the utmost that can be claimed for it by those most easily satisfied with the amount of understanding of truth which ought to accompany the belief of it; even so, the argument for free discussion is no way weakened. For even this doctrine acknowledges that mankind ought to have a rational assurance that all objections have been satisfactorily answered; and how are they to be answered if that which requires to be answered is not spoken? Or how can the answer be known to be satisfactory, if the objectors have no opportunity of showing that it is unsatisfactory? If not the public, at least the philosophers and theologians who are to resolve the difficulties, must make themselves familiar with those difficulties in their most puzzling form; and this cannot be accomplished unless they are freely stated, and placed in the most advantageous light which they admit of. . . .

If, however, the mischievous operation of the absence of free discussion, when the received opinions are true, were confined to leaving men ignorant of the grounds of those opinions, it might be thought that this, if an intel- lectual [evil], is no moral evil, and does not affect the worth of the opinions, regarded in their influence on the character. The fact, however, is that not only the grounds of the opinion are forgotten in the absence of discussion, but too often the meaning of the opinion itself. The words which convey it cease to suggest ideas, or suggest only a small portion of those they were originally employed to communicate. Instead of a vivid conception and a liv- ing belief, there remain only a few phrases retained by rote; or, if any part, the shell and husk only of the meaning is retained, the finer essence being lost. The great chapter in human history which this fact occupies and fills cannot be too earnestly studied and meditated on.

It is illustrated in the experience of almost all ethical doctrines and reli- gious creeds. They are all full of meaning and vitality to those who originate them and to the direct disciples of the originators. Their meaning contin- ues to be felt in undiminished strength, and is perhaps brought out into even fuller consciousness, so long as the struggle lasts to give the doctrine or creed an ascendancy over other creeds. At last it either prevails and becomes the general opinion, or its progress stops; it keeps possession of the ground it has gained but ceases to spread further. When either of these results has become apparent, controversy on the subject flags and gradually dies away. The doctrine has taken its place, if not as a received opinion, as one of the admitted sects or divisions of opinion: Those who hold it have generally inherited, not adopted, it; and conversion from one of these doc- trines to another, being now an exceptional fact, occupies little place in the thoughts of their professors. Instead of being, as at first, constantly on the

332 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics446 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

alert either to defend themselves against the world, or to bring the world over to them, they have subsided into acquiescence and neither listen, when they can help it, to arguments against their creed, nor trouble dissentients6

(if there be such) with arguments in its favor. From this time may usually be dated the decline in the living power of the doctrine. We often hear the teachers of all creeds lamenting the difficulty of keeping up in the minds of believers a lively apprehension of the truth which they nominally recognize, so that it may penetrate the feelings and acquire a real mastery over the con- duct. No such difficulty is complained of while the creed is still fighting for its existence; even the weaker combatants then know and feel what they are fighting for, and the difference between it and other doctrines; and in that period of every creed’s existence, not a few persons may be found who have realized its fundamental principles in all the forms of thought, have weighed and considered them in all their important bearings, and have experienced the full effect on the character which belief in that creed ought to produce in a mind thoroughly imbued with it. But when it has come to be an hereditary creed and to be received passively, not actively—when the mind is no longer compelled, in the same degree as at first, to exercise its vital powers on the questions which its belief presents to it—there is a pro- gressive tendency to forget all of the belief except the formularies,7 or to give it a dull and torpid assent, as if accepting it on trust dispensed with the necessity of realizing it in consciousness, or testing it by personal experi- ence; until it almost ceases to connect itself at all with the inner life of the human being. . . .

It still remains to speak of one of the principal causes which make diver- sity of opinion advantageous, and will continue to do so until mankind shall have entered a stage of intellectual advancement which at present seems at an incalculable distance. We have hitherto considered only two possibilities: that the received opinion may be false, and some other opinion, conse- quently, true; or that, the received opinion being true, a conflict with the opposite error is essential to a clear apprehension and deep feeling of its truth. But there is a commoner case than either of these: when the conflict- ing doctrines, instead of being one true and the other false, share the truth between them; and the nonconforming opinion is needed to supply the remainder of the truth, of which the received doctrine embodies only a part. Popular opinions on subjects not palpable to sense are often true, but seldom or never the whole truth. They are a part of the truth; sometimes a greater, sometimes a smaller part, but exaggerated, distorted, and disjoined from the truths by which they ought to be accompanied and limited. Heretical opinions, on the other hand, are generally some of these sup- pressed and neglected truths, bursting the bonds which kept them down, and either seeking reconciliation with the truth contained in the common opinion, or fronting it as enemies and setting themselves up, with similar exclusiveness, as the whole truth. The latter case is hitherto the most fre- quent, as, in the human mind, one-sidedness has always been the rule, and

On Liberty (selection): Reading 333

many-sidedness the exception. Hence, even in revolutions of opinion, one part of the truth usually sets while another rises. Even progress, which ought to superadd,8 for the most part only substitutes one partial and incomplete truth for another; improvement consisting chiefly in this, that the new frag- ment of truth is more wanted, more adapted to the needs of the time, than that which it displaces. Such being the partial character of prevailing opin- ions, even when resting on a true foundation, every opinion which embod- ies somewhat9 of the portion of truth which the common opinion omits, ought to be considered precious, with whatever amount of error and con- fusion that truth may be blended. No sober judge of human affairs will feel bound to be indignant because those who force on our notice truths which we should otherwise have overlooked, overlook some of those which we see. Rather, he will think that so long as popular truth is one-sided, it is more desirable than otherwise that unpopular truth should have one-sided assert- ers too—such being usually the most energetic and the most likely to com- pel reluctant attention to the fragment of wisdom which they proclaim as if it were the whole. . . .

We have now recognized the necessity to the mental well-being of mankind (on which all their other well-being depends) of freedom of opin- ion, and freedom of the expression of opinion, on four distinct grounds, which we will now recapitulate.

First, if any opinion is compelled to silence, that opinion may, for aught we can certainly know, be true. To deny this is to assume our own infallibil- ity. Secondly, though the silenced opinion be an error, it may, and very com- monly does, contain a portion of truth; and since the general or prevailing opinion on any subject is rarely or never the whole truth, it is only by the col- lision of adverse opinions that the remainder of the truth has any chance of being supplied.

Thirdly, even if the received opinion be not only true, but the whole truth; unless it is suffered10 to be, and actually is, vigorously and earnestly contested, it will, by most of those who receive it, be held in the manner of a prejudice, with little comprehension or feeling of its rational grounds. And not only this, but, fourthly, the meaning of the doctrine itself will be in danger of being lost or enfeebled, and deprived of its vital effect on the character and conduct—the dogma becoming a mere formal profession, inefficacious for good, but cumbering the ground and preventing the growth of any real and heartfelt conviction from reason or personal expe- rience.

Before quitting the subject of freedom of opinion, it is fit to take notice of those who say that the free expression of all opinions should be permit- ted on condition that the manner be temperate, and [that the expressions opinions] do not pass the bounds of fair discussion. Much might be said on the impossibility of fixing where these supposed bounds are to be placed; for if the test be offense to those whose opinion is attacked, I think experi- ence testifies that this offense is given whenever the attack is telling and pow-

334 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

447On Liberty (selection): Reading

alert either to defend themselves against the world, or to bring the world over to them, they have subsided into acquiescence and neither listen, when they can help it, to arguments against their creed, nor trouble dissentients6

(if there be such) with arguments in its favor. From this time may usually be dated the decline in the living power of the doctrine. We often hear the teachers of all creeds lamenting the difficulty of keeping up in the minds of believers a lively apprehension of the truth which they nominally recognize, so that it may penetrate the feelings and acquire a real mastery over the con- duct. No such difficulty is complained of while the creed is still fighting for its existence; even the weaker combatants then know and feel what they are fighting for, and the difference between it and other doctrines; and in that period of every creed’s existence, not a few persons may be found who have realized its fundamental principles in all the forms of thought, have weighed and considered them in all their important bearings, and have experienced the full effect on the character which belief in that creed ought to produce in a mind thoroughly imbued with it. But when it has come to be an hereditary creed and to be received passively, not actively—when the mind is no longer compelled, in the same degree as at first, to exercise its vital powers on the questions which its belief presents to it—there is a pro- gressive tendency to forget all of the belief except the formularies,7 or to give it a dull and torpid assent, as if accepting it on trust dispensed with the necessity of realizing it in consciousness, or testing it by personal experi- ence; until it almost ceases to connect itself at all with the inner life of the human being. . . .

It still remains to speak of one of the principal causes which make diver- sity of opinion advantageous, and will continue to do so until mankind shall have entered a stage of intellectual advancement which at present seems at an incalculable distance. We have hitherto considered only two possibilities: that the received opinion may be false, and some other opinion, conse- quently, true; or that, the received opinion being true, a conflict with the opposite error is essential to a clear apprehension and deep feeling of its truth. But there is a commoner case than either of these: when the conflict- ing doctrines, instead of being one true and the other false, share the truth between them; and the nonconforming opinion is needed to supply the remainder of the truth, of which the received doctrine embodies only a part. Popular opinions on subjects not palpable to sense are often true, but seldom or never the whole truth. They are a part of the truth; sometimes a greater, sometimes a smaller part, but exaggerated, distorted, and disjoined from the truths by which they ought to be accompanied and limited. Heretical opinions, on the other hand, are generally some of these sup- pressed and neglected truths, bursting the bonds which kept them down, and either seeking reconciliation with the truth contained in the common opinion, or fronting it as enemies and setting themselves up, with similar exclusiveness, as the whole truth. The latter case is hitherto the most fre- quent, as, in the human mind, one-sidedness has always been the rule, and

On Liberty (selection): Reading 333

many-sidedness the exception. Hence, even in revolutions of opinion, one part of the truth usually sets while another rises. Even progress, which ought to superadd,8 for the most part only substitutes one partial and incomplete truth for another; improvement consisting chiefly in this, that the new frag- ment of truth is more wanted, more adapted to the needs of the time, than that which it displaces. Such being the partial character of prevailing opin- ions, even when resting on a true foundation, every opinion which embod- ies somewhat9 of the portion of truth which the common opinion omits, ought to be considered precious, with whatever amount of error and con- fusion that truth may be blended. No sober judge of human affairs will feel bound to be indignant because those who force on our notice truths which we should otherwise have overlooked, overlook some of those which we see. Rather, he will think that so long as popular truth is one-sided, it is more desirable than otherwise that unpopular truth should have one-sided assert- ers too—such being usually the most energetic and the most likely to com- pel reluctant attention to the fragment of wisdom which they proclaim as if it were the whole. . . .

We have now recognized the necessity to the mental well-being of mankind (on which all their other well-being depends) of freedom of opin- ion, and freedom of the expression of opinion, on four distinct grounds, which we will now recapitulate.

First, if any opinion is compelled to silence, that opinion may, for aught we can certainly know, be true. To deny this is to assume our own infallibil- ity. Secondly, though the silenced opinion be an error, it may, and very com- monly does, contain a portion of truth; and since the general or prevailing opinion on any subject is rarely or never the whole truth, it is only by the col- lision of adverse opinions that the remainder of the truth has any chance of being supplied.

Thirdly, even if the received opinion be not only true, but the whole truth; unless it is suffered10 to be, and actually is, vigorously and earnestly contested, it will, by most of those who receive it, be held in the manner of a prejudice, with little comprehension or feeling of its rational grounds. And not only this, but, fourthly, the meaning of the doctrine itself will be in danger of being lost or enfeebled, and deprived of its vital effect on the character and conduct—the dogma becoming a mere formal profession, inefficacious for good, but cumbering the ground and preventing the growth of any real and heartfelt conviction from reason or personal expe- rience.

Before quitting the subject of freedom of opinion, it is fit to take notice of those who say that the free expression of all opinions should be permit- ted on condition that the manner be temperate, and [that the expressions opinions] do not pass the bounds of fair discussion. Much might be said on the impossibility of fixing where these supposed bounds are to be placed; for if the test be offense to those whose opinion is attacked, I think experi- ence testifies that this offense is given whenever the attack is telling and pow-

334 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics448 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

erful, and that every opponent who pushes them hard, and whom they find it difficult to answer, appears to them, if he shows any strong feeling on the subject, an intemperate opponent. But this, though an important consider- ation in a practical point of view, merges in a more fundamental objection. Undoubtedly the manner of asserting an opinion, even though it be a true one, may be very objectionable and may justly incur severe censure. But the principal offenses of the kind are such as it is mostly impossible, unless by accidental self-betrayal, to bring home to conviction. The gravest of them is to argue sophistically,11 to suppress facts or arguments, to misstate the ele- ments of the case, or misrepresent the opposite opinion. But all this, even to the most aggravated degree, is so continually done in perfect good faith by persons who are not considered, and in many other respects may not deserve to be considered, ignorant or incompetent, that it is rarely possible on adequate grounds conscientiously to stamp the misrepresentation as morally culpable; and still less could law presume to interfere with this kind of controversial misconduct. With regard to what is commonly meant by intemperate discussion—namely, invective, sarcasm, personality, and the like—the denunciation of these weapons would deserve more sympathy if it were ever proposed to interdict them equally to both sides; but it is only desired to restrain the employment of them against the prevailing opinion. Against the unprevailing they may not only be used without general disap- proval, but will be likely to obtain for him who uses them the praise of hon- est zeal and righteous indignation.

Chapter III. On Individuality, as One of the Elements of Well-Being

Such being the reasons which make it imperative that human beings should be free to form opinions and to express their opinions without reserve; and such the baneful consequences to the intellectual [nature of man], and through that to the moral nature of man, unless this liberty is either con- ceded or asserted in spite of prohibition; let us next examine whether the same reasons do not require that men should be free to act upon their opin- ions—to carry these out in their lives without hindrance, either physical or moral,12 from their fellow men, so long as it is at their own risk and peril. This last proviso is of course indispensable. No one pretends that actions should be as free as opinions. On the contrary, even opinions lose their immunity when the circumstances in which they are expressed are such as to constitute their expression a positive instigation to some mischievous act. An opinion that corn13 dealers are starvers of the poor, or that private prop- erty is robbery, ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a corn dealer, or when handed about among the same mob in the form of a placard. Acts, of whatever kind, which without justifiable cause do harm to others may be, and in the more impor- tant cases absolutely require to be, controlled by the unfavorable sentiments and, when needful, by the active interference, of mankind. The liberty of

On Liberty (selection): Reading 335

the individual must be thus far limited; he must not make himself a nui- sance to other people. But if he refrains from molesting others in what con- cerns them and merely acts according to his own inclination and judgment in things which concern himself, the same reasons which show that opinion should be free, prove also that he should be allowed, without molestation, to carry his opinions into practice at his own cost. That mankind are not infallible; that their truths, for the most part, are only half-truths; that unity of opinion, unless resulting from the fullest and freest comparison of oppo- site opinions, is not desirable, and diversity not an evil but a good, until mankind are much more capable than at present of recognizing all sides of the truth; are principles applicable to men’s modes of action, not less than to their opinions. As it is useful that while mankind are imperfect there should be different opinions, so is it that there should be different experi- ments of living; that free scope should be given to varieties of character, short of injury to others; and that the worth of different modes of life should be proved practically, when anyone thinks fit to try them. It is desirable, in short, that in things which do not primarily concern others, individuality should assert itself. Where not the person’s own character, but the tradi- tions or customs of other people are the rule of conduct, there is wanting one of the principal ingredients of human happiness, and quite the chief in- gredient of individual and social progress.

� N O T E S

1. Tudors: the English royal house that ruled from 1485 to 1603 [D. C. ABEL, EDITOR]

2. want: lack [D. C. ABEL] 3. just: reasonable [D. C. ABEL] 4. gainsayers: persons who reject a claim as untrue [D. C. ABEL] 5. proof: unyielding hardness [D. C. ABEL] 6. dissentients: persons expressing dissent [D. C. ABEL] 7. formularies: formulas [D. C. ABEL] 8. superadd: to add in a way that builds on what is already present [D. C.

ABEL] 9. somewhat: something [D. C. ABEL]

10. suffered: allowed [D. C. ABEL] 11. sophistically: with the intention to deceive by giving a plausible but incor-

rect argument [D. C. ABEL] 12. moral: psychological [D. C. ABEL] 13. corn: grain [D. C. ABEL]

336 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

449On Liberty (selection): Reading

erful, and that every opponent who pushes them hard, and whom they find it difficult to answer, appears to them, if he shows any strong feeling on the subject, an intemperate opponent. But this, though an important consider- ation in a practical point of view, merges in a more fundamental objection. Undoubtedly the manner of asserting an opinion, even though it be a true one, may be very objectionable and may justly incur severe censure. But the principal offenses of the kind are such as it is mostly impossible, unless by accidental self-betrayal, to bring home to conviction. The gravest of them is to argue sophistically,11 to suppress facts or arguments, to misstate the ele- ments of the case, or misrepresent the opposite opinion. But all this, even to the most aggravated degree, is so continually done in perfect good faith by persons who are not considered, and in many other respects may not deserve to be considered, ignorant or incompetent, that it is rarely possible on adequate grounds conscientiously to stamp the misrepresentation as morally culpable; and still less could law presume to interfere with this kind of controversial misconduct. With regard to what is commonly meant by intemperate discussion—namely, invective, sarcasm, personality, and the like—the denunciation of these weapons would deserve more sympathy if it were ever proposed to interdict them equally to both sides; but it is only desired to restrain the employment of them against the prevailing opinion. Against the unprevailing they may not only be used without general disap- proval, but will be likely to obtain for him who uses them the praise of hon- est zeal and righteous indignation.

Chapter III. On Individuality, as One of the Elements of Well-Being

Such being the reasons which make it imperative that human beings should be free to form opinions and to express their opinions without reserve; and such the baneful consequences to the intellectual [nature of man], and through that to the moral nature of man, unless this liberty is either con- ceded or asserted in spite of prohibition; let us next examine whether the same reasons do not require that men should be free to act upon their opin- ions—to carry these out in their lives without hindrance, either physical or moral,12 from their fellow men, so long as it is at their own risk and peril. This last proviso is of course indispensable. No one pretends that actions should be as free as opinions. On the contrary, even opinions lose their immunity when the circumstances in which they are expressed are such as to constitute their expression a positive instigation to some mischievous act. An opinion that corn13 dealers are starvers of the poor, or that private prop- erty is robbery, ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a corn dealer, or when handed about among the same mob in the form of a placard. Acts, of whatever kind, which without justifiable cause do harm to others may be, and in the more impor- tant cases absolutely require to be, controlled by the unfavorable sentiments and, when needful, by the active interference, of mankind. The liberty of

On Liberty (selection): Reading 335

the individual must be thus far limited; he must not make himself a nui- sance to other people. But if he refrains from molesting others in what con- cerns them and merely acts according to his own inclination and judgment in things which concern himself, the same reasons which show that opinion should be free, prove also that he should be allowed, without molestation, to carry his opinions into practice at his own cost. That mankind are not infallible; that their truths, for the most part, are only half-truths; that unity of opinion, unless resulting from the fullest and freest comparison of oppo- site opinions, is not desirable, and diversity not an evil but a good, until mankind are much more capable than at present of recognizing all sides of the truth; are principles applicable to men’s modes of action, not less than to their opinions. As it is useful that while mankind are imperfect there should be different opinions, so is it that there should be different experi- ments of living; that free scope should be given to varieties of character, short of injury to others; and that the worth of different modes of life should be proved practically, when anyone thinks fit to try them. It is desirable, in short, that in things which do not primarily concern others, individuality should assert itself. Where not the person’s own character, but the tradi- tions or customs of other people are the rule of conduct, there is wanting one of the principal ingredients of human happiness, and quite the chief in- gredient of individual and social progress.

� N O T E S

1. Tudors: the English royal house that ruled from 1485 to 1603 [D. C. ABEL, EDITOR]

2. want: lack [D. C. ABEL] 3. just: reasonable [D. C. ABEL] 4. gainsayers: persons who reject a claim as untrue [D. C. ABEL] 5. proof: unyielding hardness [D. C. ABEL] 6. dissentients: persons expressing dissent [D. C. ABEL] 7. formularies: formulas [D. C. ABEL] 8. superadd: to add in a way that builds on what is already present [D. C.

ABEL] 9. somewhat: something [D. C. ABEL]

10. suffered: allowed [D. C. ABEL] 11. sophistically: with the intention to deceive by giving a plausible but incor-

rect argument [D. C. ABEL] 12. moral: psychological [D. C. ABEL] 13. corn: grain [D. C. ABEL]

336 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics450 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

On Liberty John Stuart Mill

Reading Questions

According to Mill:

1. When an individual trusts the truth of an opinion of “the world,” what does “the world” usually mean in this context?

2. What condition justifies us in assuming that, for the purposes of action, an opinion is true?

3. Why does a true, generally-held opinion become a “dead dogma” if opposing opinions are suppressed?

4. Why would it be inadvisable to legislate that opinions may be freely expressed only if the expressions are “temperate”?

5. When is it legitimate for society to restrict someone’s freedom of speech?

Discussion Questions

In your own view:

1. When is it reasonable to trust the truth of generally-accepted opinions?

2. Should a democratic society permit the public expression of opinions advocating the destruction of democracy?

3. Should society permit the public expression of hate speech directed against members of certain groups?

4. Should society prevent individuals from forms of free expression that are likely to hurt only themselves?

5. Should there be legal restrictions on what information is provided on social networking Web sites?

On Liberty (selection): Reading 337

There’s No Such

Thing as Free Speech

and It’s a Good Thing

Too

Stanley Fish

Stanley Fish was born in 1938 in Providence, Rhode Island. After receiving his bachelor’s degree from the University of Pennsylvania in 1959, he enrolled in the doctoral program in English at Yale University and completed his degree in 1962. He then accepted an appointment as Instructor in English at the University of California, Berkeley. He became Assistant Professor the following year, Associate Professor in 1967, and Professor in 1969. Fish joined the faculty of Johns Hopkins University in 1974 as Professor of English. Nine years later he became Professor of English and Professor of Law at Duke University and served as Executive Director of Duke University Press from 1993 to 1998. He then went to the University of Illinois Chicago to become Dean of the College of Liberal Arts and Sciences and Professor of English, Criminal Justice, and Political Science. Since 2005 Fish has been Davidson-Kahn Distinguished University Professor and Professor of Law at Florida International University. He was elected to the American Academy Arts and Sciences in 1983.

Fish has published numerous articles and over a dozen books, including Surprised by Sin: The Reader in Paradise Lost (1972), The Trouble with Principle (1999), How Milton Works (2001), Save the World on Your Own Time (2008), and How to Write a Sentence: And How to Read One (2011). Several books have been written on Fish’s work, including Postmodern Sophistry: Stanley Fish and the Critical Enterprise, edited by Gary A. Olsen and Lynne Worsham (2004).

This reading is from Fish’s 1992 article “There’s No Such Thing as Free Speech and It’s a Good Thing Too.” He contends that free speech is not an independent value but something whose scope is always politically determined. Any affirmation of free expression requires restriction, for “without an inbuilt sense of what it would be meaningless to say or wrong to say, there could be no assertion.” Free speech does not extend to forms of speech that are subversive of a society’s conception of the good. Decisions about what speech to protect should be made not on the basis of abstract principles but in the context of the particulars of the situation and “the din and confusion of partisan struggle.” Fish explains that the Supreme Court of Canada understood this when it issued its ruling about hate speech in Regina [the Queen] v. Keegstra.

As an example of a misguided appeal to abstract principle of free speech, Fish cites the case of the editor of the Duke University student newspaper allowing the pub- lication of an anti-Semitic advertisement. The editor claimed that First Amendment of the United States Constitution, which prohibits any law “abridging the freedom of speech,” gave the sponsor the “right” to have the advertisement published even though it contained lies and would cause harm. Since the First Amendment does not itself specify which kinds of speech are protected and which are not, we must exercise judg- ment when applying it. We must, in each situation, weigh the good that speech can do against the harm that it can cause. Fish concludes that, at the present moment, the harms caused by hate speech are greater than the good it does, and that hate speech therefore should not be allowed.

Stanley Fish, “There’s No Such Thing as Free Speech and It’s a Good Thing Too,” Boston Review, vol. 17, no. 1 (February 1992). © 1992 by Stanley Fish. Reprinted by permission of the author.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

451There’s No Such Thing as Free Speech and It’s a Good Thing Too (selection): Reading

On Liberty John Stuart Mill

Reading Questions

According to Mill:

1. When an individual trusts the truth of an opinion of “the world,” what does “the world” usually mean in this context?

2. What condition justifies us in assuming that, for the purposes of action, an opinion is true?

3. Why does a true, generally-held opinion become a “dead dogma” if opposing opinions are suppressed?

4. Why would it be inadvisable to legislate that opinions may be freely expressed only if the expressions are “temperate”?

5. When is it legitimate for society to restrict someone’s freedom of speech?

Discussion Questions

In your own view:

1. When is it reasonable to trust the truth of generally-accepted opinions?

2. Should a democratic society permit the public expression of opinions advocating the destruction of democracy?

3. Should society permit the public expression of hate speech directed against members of certain groups?

4. Should society prevent individuals from forms of free expression that are likely to hurt only themselves?

5. Should there be legal restrictions on what information is provided on social networking Web sites?

On Liberty (selection): Reading 337

There’s No Such

Thing as Free Speech

and It’s a Good Thing

Too

Stanley Fish

Stanley Fish was born in 1938 in Providence, Rhode Island. After receiving his bachelor’s degree from the University of Pennsylvania in 1959, he enrolled in the doctoral program in English at Yale University and completed his degree in 1962. He then accepted an appointment as Instructor in English at the University of California, Berkeley. He became Assistant Professor the following year, Associate Professor in 1967, and Professor in 1969. Fish joined the faculty of Johns Hopkins University in 1974 as Professor of English. Nine years later he became Professor of English and Professor of Law at Duke University and served as Executive Director of Duke University Press from 1993 to 1998. He then went to the University of Illinois Chicago to become Dean of the College of Liberal Arts and Sciences and Professor of English, Criminal Justice, and Political Science. Since 2005 Fish has been Davidson-Kahn Distinguished University Professor and Professor of Law at Florida International University. He was elected to the American Academy Arts and Sciences in 1983.

Fish has published numerous articles and over a dozen books, including Surprised by Sin: The Reader in Paradise Lost (1972), The Trouble with Principle (1999), How Milton Works (2001), Save the World on Your Own Time (2008), and How to Write a Sentence: And How to Read One (2011). Several books have been written on Fish’s work, including Postmodern Sophistry: Stanley Fish and the Critical Enterprise, edited by Gary A. Olsen and Lynne Worsham (2004).

This reading is from Fish’s 1992 article “There’s No Such Thing as Free Speech and It’s a Good Thing Too.” He contends that free speech is not an independent value but something whose scope is always politically determined. Any affirmation of free expression requires restriction, for “without an inbuilt sense of what it would be meaningless to say or wrong to say, there could be no assertion.” Free speech does not extend to forms of speech that are subversive of a society’s conception of the good. Decisions about what speech to protect should be made not on the basis of abstract principles but in the context of the particulars of the situation and “the din and confusion of partisan struggle.” Fish explains that the Supreme Court of Canada understood this when it issued its ruling about hate speech in Regina [the Queen] v. Keegstra.

As an example of a misguided appeal to abstract principle of free speech, Fish cites the case of the editor of the Duke University student newspaper allowing the pub- lication of an anti-Semitic advertisement. The editor claimed that First Amendment of the United States Constitution, which prohibits any law “abridging the freedom of speech,” gave the sponsor the “right” to have the advertisement published even though it contained lies and would cause harm. Since the First Amendment does not itself specify which kinds of speech are protected and which are not, we must exercise judg- ment when applying it. We must, in each situation, weigh the good that speech can do against the harm that it can cause. Fish concludes that, at the present moment, the harms caused by hate speech are greater than the good it does, and that hate speech therefore should not be allowed.

Stanley Fish, “There’s No Such Thing as Free Speech and It’s a Good Thing Too,” Boston Review, vol. 17, no. 1 (February 1992). © 1992 by Stanley Fish. Reprinted by permission of the author.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics452 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Lately, many on the liberal and progressive left have been disconcerted to find that words, phrases, and concepts thought to be their property and generative of their politics have been appropriated by the forces of neo- conservatism. This is particularly true of the concept of free speech, for in recent years First Amendment1 rhetoric has been used to justify policies and actions the left finds problematical if not abhorrent: pornography, sexist language, campus hate speech. How has this happened? The answer I shall give in this essay is that abstract concepts like free speech do not have any “natural” content but are filled with whatever content and direction one can manage to put into them. Free speech, in short, is not an independent value but a political prize, and if that prize has been captured by a politics opposed to yours, it can no longer be invoked in ways that further your pur- poses, for it is now an obstacle to those purposes. This is something that the liberal left has yet to understand, and what follows is an attempt to pry its members loose from a vocabulary that may now be a disservice to them.

Not far from the end of his Areopagitica, and after having celebrated the virtues of toleration and unregulated publication in passages that find their way into every discussion of free speech and the First Amendment, John Milton catches himself up short and says, of course I didn’t mean Catholics, them we exterminate:

I mean not [to include in toleration] tolerated popery2 and open superstition, which, as it extirpates all religious and civil supremacies, so itself should be extirpate. . . . That also which is impious or evil absolutely against faith or manners no law can possibly permit that intends not to unlaw itself.3

Notice that Milton is not simply stipulating a single exception to a rule gen- erally in place: The kinds of utterance that might be regulated and even pro- hibited on pain of trial and punishment comprise an open set; popery is named only as a particularly perspicuous instance of the advocacy that can- not be tolerated. No doubt there are other forms of speech and action that I might categorize as “open superstitions” or as subversive of piety, faith, and manners, and presumably these too would be candidates for “extirpation.” Nor would Milton think himself culpable for having failed to provide a list of unprotected utterances. The list will fill itself out as utterances are put to the test implied by his formulation: Would this form of speech or advocacy, if permitted to flourish, tend to undermine the very purposes for which our society is constituted? One cannot answer this question with respect to a par- ticular utterance in advance of its emergence on the world’s stage; rather, one must wait and ask the question in the full context of its production and (possible) dissemination. It might appear that the result would be ad hoc4

and unprincipled, but for Milton the principle inheres in the core values in whose name individuals of like mind came together in the first place. Those values, which include the search for truth and the promotion of virtue, are capacious enough to accommodate a diversity of views. But at some point— again impossible of advance specification—capaciousness will threaten to

There's No Such Thing as Free Speech and It's a Good Thing Too (selection): Reading 339

become shapelessness, and at that point fidelity to the original values will demand acts of extirpation.

I want to say that all affirmations of freedom of expression are like Mil- ton’s, dependent for their force on an exception that literally carves out the space in which expression can then emerge. I do not mean that expres- sion (saying something) is a realm whose integrity is sometimes compro- mised by certain restrictions, but that restriction, in the form of an underlying articulation of the world that necessarily (if silently) negates alternatively possible articulations, is constitutive of expression. Without restriction, without an inbuilt sense of what it would be meaningless to say or wrong to say, there could be no assertion and no reason for asserting it. The exception to unregulated expression is not a negative restriction but a positive hollowing out of value—we are for this, which means we are against that—in relation to which meaningful assertion can then occur. It is in ref- erence to that value—constituted as all values are by an act of exclusion— that some forms of speech will be heard as (quite literally) intolerable. Speech, in short, is never a value in and of itself, but is always produced within the precincts of some assumed conception of the good to which it must yield in the event of conflict. When the pinch comes (and sooner or later it will always come) and the institution (be it church, state, or univer- sity) is confronted by behavior subversive of its core rationale, it will respond by declaring “of course we mean not tolerated—, that we extir- pate”; not because an exception to a general freedom has suddenly and contradictorily been announced, but because the freedom has never been general and has always been understood against the background of an ordi- nary exclusion that gives it meaning.

This is a large thesis, but before tackling it directly I want to buttress my case with another example, taken not from the seventeenth century but from the charter and case law of Canada. Canadian thinking about freedom of expression departs from the line usually taken in the United States in ways that bring that country very close to the Areopagitica as I have expounded it. The differences are fully on display in a recent landmark case Regina v. Keegstra.5 James Keegstra was a high school teacher in Alberta who, it was established by evidence, “systematically denigrated Jews and Judaism in his classes.” He described Jews as treacherous, subversive, sadistic, money- loving, power hungry, and child-killers. He declared them “responsible for depressions, anarchy, chaos, wars, and revolution” and required his stu- dents “to regurgitate these notions in essays and examinations.” Keegstra was indicted under Section 319(2) of the Criminal Code and convicted. The Court of Appeal reversed, and the Crown appealed to the Supreme Court, which reinstated the lower court’s verdict.

Section 319(2) reads in part, “Everyone who, by communicating state- ments other than in private conversation, willfully promotes hatred against any identifiable group is guilty of . . . an indictable offense and is liable to imprisonment for a term not exceeding two years.” In the United States, this

340 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

453There’s No Such Thing as Free Speech and It’s a Good Thing Too (selection): Reading

Lately, many on the liberal and progressive left have been disconcerted to find that words, phrases, and concepts thought to be their property and generative of their politics have been appropriated by the forces of neo- conservatism. This is particularly true of the concept of free speech, for in recent years First Amendment1 rhetoric has been used to justify policies and actions the left finds problematical if not abhorrent: pornography, sexist language, campus hate speech. How has this happened? The answer I shall give in this essay is that abstract concepts like free speech do not have any “natural” content but are filled with whatever content and direction one can manage to put into them. Free speech, in short, is not an independent value but a political prize, and if that prize has been captured by a politics opposed to yours, it can no longer be invoked in ways that further your pur- poses, for it is now an obstacle to those purposes. This is something that the liberal left has yet to understand, and what follows is an attempt to pry its members loose from a vocabulary that may now be a disservice to them.

Not far from the end of his Areopagitica, and after having celebrated the virtues of toleration and unregulated publication in passages that find their way into every discussion of free speech and the First Amendment, John Milton catches himself up short and says, of course I didn’t mean Catholics, them we exterminate:

I mean not [to include in toleration] tolerated popery2 and open superstition, which, as it extirpates all religious and civil supremacies, so itself should be extirpate. . . . That also which is impious or evil absolutely against faith or manners no law can possibly permit that intends not to unlaw itself.3

Notice that Milton is not simply stipulating a single exception to a rule gen- erally in place: The kinds of utterance that might be regulated and even pro- hibited on pain of trial and punishment comprise an open set; popery is named only as a particularly perspicuous instance of the advocacy that can- not be tolerated. No doubt there are other forms of speech and action that I might categorize as “open superstitions” or as subversive of piety, faith, and manners, and presumably these too would be candidates for “extirpation.” Nor would Milton think himself culpable for having failed to provide a list of unprotected utterances. The list will fill itself out as utterances are put to the test implied by his formulation: Would this form of speech or advocacy, if permitted to flourish, tend to undermine the very purposes for which our society is constituted? One cannot answer this question with respect to a par- ticular utterance in advance of its emergence on the world’s stage; rather, one must wait and ask the question in the full context of its production and (possible) dissemination. It might appear that the result would be ad hoc4

and unprincipled, but for Milton the principle inheres in the core values in whose name individuals of like mind came together in the first place. Those values, which include the search for truth and the promotion of virtue, are capacious enough to accommodate a diversity of views. But at some point— again impossible of advance specification—capaciousness will threaten to

There's No Such Thing as Free Speech and It's a Good Thing Too (selection): Reading 339

become shapelessness, and at that point fidelity to the original values will demand acts of extirpation.

I want to say that all affirmations of freedom of expression are like Mil- ton’s, dependent for their force on an exception that literally carves out the space in which expression can then emerge. I do not mean that expres- sion (saying something) is a realm whose integrity is sometimes compro- mised by certain restrictions, but that restriction, in the form of an underlying articulation of the world that necessarily (if silently) negates alternatively possible articulations, is constitutive of expression. Without restriction, without an inbuilt sense of what it would be meaningless to say or wrong to say, there could be no assertion and no reason for asserting it. The exception to unregulated expression is not a negative restriction but a positive hollowing out of value—we are for this, which means we are against that—in relation to which meaningful assertion can then occur. It is in ref- erence to that value—constituted as all values are by an act of exclusion— that some forms of speech will be heard as (quite literally) intolerable. Speech, in short, is never a value in and of itself, but is always produced within the precincts of some assumed conception of the good to which it must yield in the event of conflict. When the pinch comes (and sooner or later it will always come) and the institution (be it church, state, or univer- sity) is confronted by behavior subversive of its core rationale, it will respond by declaring “of course we mean not tolerated—, that we extir- pate”; not because an exception to a general freedom has suddenly and contradictorily been announced, but because the freedom has never been general and has always been understood against the background of an ordi- nary exclusion that gives it meaning.

This is a large thesis, but before tackling it directly I want to buttress my case with another example, taken not from the seventeenth century but from the charter and case law of Canada. Canadian thinking about freedom of expression departs from the line usually taken in the United States in ways that bring that country very close to the Areopagitica as I have expounded it. The differences are fully on display in a recent landmark case Regina v. Keegstra.5 James Keegstra was a high school teacher in Alberta who, it was established by evidence, “systematically denigrated Jews and Judaism in his classes.” He described Jews as treacherous, subversive, sadistic, money- loving, power hungry, and child-killers. He declared them “responsible for depressions, anarchy, chaos, wars, and revolution” and required his stu- dents “to regurgitate these notions in essays and examinations.” Keegstra was indicted under Section 319(2) of the Criminal Code and convicted. The Court of Appeal reversed, and the Crown appealed to the Supreme Court, which reinstated the lower court’s verdict.

Section 319(2) reads in part, “Everyone who, by communicating state- ments other than in private conversation, willfully promotes hatred against any identifiable group is guilty of . . . an indictable offense and is liable to imprisonment for a term not exceeding two years.” In the United States, this

340 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics454 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

provision of the code would almost certainly be struck down because, under the First Amendment, restrictions on speech are apparently prohibited without qualification. To be sure, the Canadian Charter [of Rights and Freedoms] has its own version of the First Amendment, in Section 2(b): “Everyone has the following fundamental freedoms: . . . (b) freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication.” But Section 2(b), like every other sec- tion of the charter, is qualified by Section 1: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” Or in other words, every right and freedom herein granted can be trumped if its exercise is found to be in conflict with the principles that underwrite the society.

This is what happens in Keegstra, as the majority finds that Section 319(2) of the Criminal Code does in fact violate the right of freedom of expression guaranteed by the Charter but is nevertheless a permissible restriction because it accords with the principles proclaimed in Section 1. . . .

The First Amendment has always been a dead letter if one understood its “liveness” to depend on the identification and protection of a realm of “mere” expression or discussion distinct from the realm of regulatable con- duct; the distinction between speech and action has always been defaced in principle, although in practice it can take whatever form the prevailing con- ditions mandate. We have never had any normative guidance for marking off protected from unprotected speech; rather, the guidance we have has been fashioned (and refashioned) in the very political struggles over which it then (for a time) presides. In short, the name of the game has always been politics, even when (indeed, especially when) it is played by stigmatizing pol- itics as the area to be avoided.

It is important to be clear as to what this means. It does not mean that in the absence of normative guidelines we should throw up our hands and either regulate everything or allow everything. Rather, it means that the question of whether to or not to regulate will always be a local one and that we cannot rely on abstractions that are either empty of content or filled with the content of some partisan agenda to generate a “principled” answer. Instead we must consider in every case what is at stake and what are the risks and gains of alternative courses of action. In the course of this consideration many things will be of help, but among them will not be phrases like “free- dom of speech” or “the right of individual expression,” because, as they are used now, these phrases tend to obscure rather than clarify our dilemmas. Once they are deprived of their talismanic force, once it is no longer strate- gically effective simply to invoke them in the act of walking away from a problem, the conversation could continue in directions that are now blocked by a First Amendment absolutism that has only been honored in the breach anyway. To the student reporter who complains that, in the wake of the promulgation of a speech code at the University of Wisconsin, there

There's No Such Thing as Free Speech and It's a Good Thing Too (selection): Reading 341

is now something in the back of his mind as he writes, one could reply, “There was always something in the back of your mind, and perhaps it might be better to have this code in the back of your mind than whatever was in there before.” And when someone warns about the slippery slope6 and pre- dicts mournfully that if you restrict one form of speech, you never know what will be restricted next, one could reply, “Some form of speech is always being restricted, else there could be no meaningful assertion; we have always and already slid down the slippery slope; someone is always going to be restricted next, and it is your job to make sure that the someone is not you.” And when someone observes, as someone surely will, that antiharass- ment codes chill speech, one could reply that since speech only becomes intelligible against the background of what isn’t being said, the background of what has already been silenced, the only question is the political one of which speech is going to be chilled, and, all things considered, it seems a good thing to chill speech like “nigger,” “cunt,” “kike,” and “faggot.” And if someone then says, “But what happened to free-speech principles?,” one could say what I have now said a dozen times: Free-speech principles don’t exist except as a component in a bad argument in which such principles are invoked to mask motives that would not withstand close scrutiny.

An example of a wolf wrapped in First Amendment clothing is an adver- tisement that ran recently in the Duke University student newspaper, The Chronicle. Signed by Bradley R. Smith, well known as a purveyor of anti- Semitic neo-Nazi propaganda, the ad is packaged as a scholarly treatise: four densely packed columns complete with “learned” references, undocu- mented statistics, and an array of so-called authorities. The message of the ad is that the Holocaust never occurred and that the German state never “had a policy to exterminate the Jewish people (or anyone else) by putting them to death in gas chambers.” In a spectacular instance of the increas- ingly popular “blame the victim” strategy, the Holocaust “story” or “myth” is said to have been fabricated in order “to drum up world sympathy for Jewish causes.” The “evidence” supporting these assertions is a slick blend of sup- posedly probative facts—“not a single autopsied body has been shown to be gassed”—and sly insinuations of a kind familiar to readers of Mein Kampf and The Protocols of the Elders of Zion.7

The slickest thing of all, however, is the presentation of the argument as an exercise in free speech—the ad is subtitled The Case for Open Debate—that could be objected to only by “thought police” and censors. This strategy bore immediate fruit in the decision of the newspaper staff to accept the ad despite a long-standing (and historically honored) policy of refusing mate- rials that contain ethnic and racial slurs or are otherwise offensive. The rea- soning of the staff (explained by the editor in a special column) was that under the First Amendment advertisers have the “right” to be published. “American newspapers are built on the principles of free speech and free press, so how can a newspaper deny these rights to anyone?” The answer to this question is that an advertiser is not denied his rights simply because a

342 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

There’s No Such Thing as Free Speech and It’s a Good Thing Too (selection): Reading 455

provision of the code would almost certainly be struck down because, under the First Amendment, restrictions on speech are apparently prohibited without qualification. To be sure, the Canadian Charter [of Rights and Freedoms] has its own version of the First Amendment, in Section 2(b): “Everyone has the following fundamental freedoms: . . . (b) freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication.” But Section 2(b), like every other sec- tion of the charter, is qualified by Section 1: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” Or in other words, every right and freedom herein granted can be trumped if its exercise is found to be in conflict with the principles that underwrite the society.

This is what happens in Keegstra, as the majority finds that Section 319(2) of the Criminal Code does in fact violate the right of freedom of expression guaranteed by the Charter but is nevertheless a permissible restriction because it accords with the principles proclaimed in Section 1. . . .

The First Amendment has always been a dead letter if one understood its “liveness” to depend on the identification and protection of a realm of “mere” expression or discussion distinct from the realm of regulatable con- duct; the distinction between speech and action has always been defaced in principle, although in practice it can take whatever form the prevailing con- ditions mandate. We have never had any normative guidance for marking off protected from unprotected speech; rather, the guidance we have has been fashioned (and refashioned) in the very political struggles over which it then (for a time) presides. In short, the name of the game has always been politics, even when (indeed, especially when) it is played by stigmatizing pol- itics as the area to be avoided.

It is important to be clear as to what this means. It does not mean that in the absence of normative guidelines we should throw up our hands and either regulate everything or allow everything. Rather, it means that the question of whether to or not to regulate will always be a local one and that we cannot rely on abstractions that are either empty of content or filled with the content of some partisan agenda to generate a “principled” answer. Instead we must consider in every case what is at stake and what are the risks and gains of alternative courses of action. In the course of this consideration many things will be of help, but among them will not be phrases like “free- dom of speech” or “the right of individual expression,” because, as they are used now, these phrases tend to obscure rather than clarify our dilemmas. Once they are deprived of their talismanic force, once it is no longer strate- gically effective simply to invoke them in the act of walking away from a problem, the conversation could continue in directions that are now blocked by a First Amendment absolutism that has only been honored in the breach anyway. To the student reporter who complains that, in the wake of the promulgation of a speech code at the University of Wisconsin, there

There's No Such Thing as Free Speech and It's a Good Thing Too (selection): Reading 341

is now something in the back of his mind as he writes, one could reply, “There was always something in the back of your mind, and perhaps it might be better to have this code in the back of your mind than whatever was in there before.” And when someone warns about the slippery slope6 and pre- dicts mournfully that if you restrict one form of speech, you never know what will be restricted next, one could reply, “Some form of speech is always being restricted, else there could be no meaningful assertion; we have always and already slid down the slippery slope; someone is always going to be restricted next, and it is your job to make sure that the someone is not you.” And when someone observes, as someone surely will, that antiharass- ment codes chill speech, one could reply that since speech only becomes intelligible against the background of what isn’t being said, the background of what has already been silenced, the only question is the political one of which speech is going to be chilled, and, all things considered, it seems a good thing to chill speech like “nigger,” “cunt,” “kike,” and “faggot.” And if someone then says, “But what happened to free-speech principles?,” one could say what I have now said a dozen times: Free-speech principles don’t exist except as a component in a bad argument in which such principles are invoked to mask motives that would not withstand close scrutiny.

An example of a wolf wrapped in First Amendment clothing is an adver- tisement that ran recently in the Duke University student newspaper, The Chronicle. Signed by Bradley R. Smith, well known as a purveyor of anti- Semitic neo-Nazi propaganda, the ad is packaged as a scholarly treatise: four densely packed columns complete with “learned” references, undocu- mented statistics, and an array of so-called authorities. The message of the ad is that the Holocaust never occurred and that the German state never “had a policy to exterminate the Jewish people (or anyone else) by putting them to death in gas chambers.” In a spectacular instance of the increas- ingly popular “blame the victim” strategy, the Holocaust “story” or “myth” is said to have been fabricated in order “to drum up world sympathy for Jewish causes.” The “evidence” supporting these assertions is a slick blend of sup- posedly probative facts—“not a single autopsied body has been shown to be gassed”—and sly insinuations of a kind familiar to readers of Mein Kampf and The Protocols of the Elders of Zion.7

The slickest thing of all, however, is the presentation of the argument as an exercise in free speech—the ad is subtitled The Case for Open Debate—that could be objected to only by “thought police” and censors. This strategy bore immediate fruit in the decision of the newspaper staff to accept the ad despite a long-standing (and historically honored) policy of refusing mate- rials that contain ethnic and racial slurs or are otherwise offensive. The rea- soning of the staff (explained by the editor in a special column) was that under the First Amendment advertisers have the “right” to be published. “American newspapers are built on the principles of free speech and free press, so how can a newspaper deny these rights to anyone?” The answer to this question is that an advertiser is not denied his rights simply because a

342 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics456 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

single media organ declines his copy so long as other avenues of publication are available and there has been no state suppression of his views. This is not to say that there could not be a case for printing the ad, only that the case cannot rest on a supposed First Amendment obligation. One might argue, for example, that printing the ad would foster healthy debate, or that lies are more likely to be shown up for what they are if they are brought to the light of day, but these are precisely the arguments the editor disclaims in her eagerness to take a “principled” free speech stand. By running the First Amendment up the nearest flagpole and rushing to salute it, the editor and her staff short-circuited their thought processes and threw away the oppor- tunity to take the serious measure of a complicated issue. They allowed First Amendment slogans to blur the distinction between the positive effects of the exchange of ideas and the harm done—harm to which they con- tribute—when flat-out lies are able to merchandise themselves as ideas. They rented the dignity of their publication to a hatemonger masquerading as a scholar because they were bamboozled by the invocation of a doctrine that did not really apply and was certainly not dispositive. In this case, at least, the First Amendment did bad work, first in the mouth (or pen) of Mr. Smith and then in the collective brain of the student editors.

Let me be clear. I am not saying that First Amendment principles are inherently bad (they are inherently nothing), only that, independent of some particular partisan version, they have no necessary content; and if the ver- sion by which they have been appropriated is hostile to your interests, you would be well advised not to rely on them. This does not mean that you would be better off if they were not available; like any other formulas embedded in the process by which decisions are made, free speech princi- ples function to protect society against over-hasty outcomes; they serve as channels through which an argument must pass on its way to ratification. But the channels are not, as they are sometimes said to be, merely and reas- suringly procedural. They have as much content as the contents they “fil- ter,” and therefore one must be alert to the content they presently bear and not look to them for a deliverance from politics, for it is politics—either your own or someone else’s—that is responsible for the form of free speech principles we now have. My counsel is therefore pragmatic rather than dra- conian: So long as so-called “free speech principles” have been fashioned by your enemies, contest their relevance to the issue at hand; but if you man- age to refashion them in line with your purposes, urge them with a vengeance.

It is a counsel that follows from the thesis that there is no such thing as free speech, which is not, after all, a thesis as startling or corrosive as may first have seemed. It merely says that there is no class of utterances separable from the world of conduct and that therefore the identification of some utterances as members of that nonexistent class will always be evidence that a political line has been drawn rather than a line that denies politics entry into the forum of public discourse. It is the job of the First Amendment to

There's No Such Thing as Free Speech and It's a Good Thing Too (selection): Reading 343

mark out an area in which competing views can be considered without state interference; but if the very marking out of that area is itself an interference (as it always will be), First Amendment jurisprudence is inevitably self-defeating and subversive of its own aspirations. That’s the bad news. The good news is that precisely because speech is never ‘‘free” in the two senses required—free of consequences and free from state pressure—speech always matters, is always doing work. Because everything we say impinges on the world in ways indistinguishable from the effects of physical action, we must take responsibility for our verbal performances—all of them—and not assume that they are being taken care of by a clause in the Constitution. Of course, with responsibility comes risks, but they have always been our risks, and no doctrine of free speech has ever insulated us from them. They are the risks of either allowing or policing the flow of discourse. They are the risks, respectively, of permitting speech that does obvious harm, and of shut- ting off speech in ways that might deny us the benefit of Joyce’s Ulysses or Lawrence’s Lady Chatterly’s Lover or Titian’s paintings.8 Nothing, I repeat, can insulate us from those risks. (If there is no normative guidance in deter- mining when and what speech to protect, there is no normative guidance in determining what is art—like free speech, a category that includes every- thing and nothing—and what is obscenity.) And, moreover, nothing can provide us with a principle for deciding which risk in the long run is the best to take. I am persuaded that at the present moment, right now, the risk of not attending to hate speech is greater than the risk that by regulating it we will deprive ourselves of valuable voices and insights or slide down the slip- pery slope toward tyranny. This is a judgment for which I can offer reasons but no guarantees. All I am saying is that the judgments of those who would come down on the other side carry no guarantees either, since the abstrac- tions that usually accompany such guarantees are malleable political con- structs. It is not that there are no choices to make or means of making them; it is just that the choices as well as the means are inextricable from the din and confusion of partisan struggle. There is no safe place.

� N O T E S

1. The First Amendment to the United States Constitution prohibits any law “abridging the freedom of speech, or of the press.” [D. C. ABEL, EDITOR]

2. popery: a disparaging term for Roman Catholicism [D. C. ABEL] 3. John Milton, Areopagitica: A Speech for the Liberty of Unlicensed Printing, to

the Parliament of England. Milton (1608–1674) was an English poet. [D. C. ABEL]

4. ad hoc: (Latin, “to this”) formed specifically for the case at hand [D. C. ABEL]

5. Regina [the Queen] v. Keegstra [1990] 3 S.C.R., pp. 697ff. [D. C. ABEL]

344 An Examined Life Critical Thinking and Ethics

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single media organ declines his copy so long as other avenues of publication are available and there has been no state suppression of his views. This is not to say that there could not be a case for printing the ad, only that the case cannot rest on a supposed First Amendment obligation. One might argue, for example, that printing the ad would foster healthy debate, or that lies are more likely to be shown up for what they are if they are brought to the light of day, but these are precisely the arguments the editor disclaims in her eagerness to take a “principled” free speech stand. By running the First Amendment up the nearest flagpole and rushing to salute it, the editor and her staff short-circuited their thought processes and threw away the oppor- tunity to take the serious measure of a complicated issue. They allowed First Amendment slogans to blur the distinction between the positive effects of the exchange of ideas and the harm done—harm to which they con- tribute—when flat-out lies are able to merchandise themselves as ideas. They rented the dignity of their publication to a hatemonger masquerading as a scholar because they were bamboozled by the invocation of a doctrine that did not really apply and was certainly not dispositive. In this case, at least, the First Amendment did bad work, first in the mouth (or pen) of Mr. Smith and then in the collective brain of the student editors.

Let me be clear. I am not saying that First Amendment principles are inherently bad (they are inherently nothing), only that, independent of some particular partisan version, they have no necessary content; and if the ver- sion by which they have been appropriated is hostile to your interests, you would be well advised not to rely on them. This does not mean that you would be better off if they were not available; like any other formulas embedded in the process by which decisions are made, free speech princi- ples function to protect society against over-hasty outcomes; they serve as channels through which an argument must pass on its way to ratification. But the channels are not, as they are sometimes said to be, merely and reas- suringly procedural. They have as much content as the contents they “fil- ter,” and therefore one must be alert to the content they presently bear and not look to them for a deliverance from politics, for it is politics—either your own or someone else’s—that is responsible for the form of free speech principles we now have. My counsel is therefore pragmatic rather than dra- conian: So long as so-called “free speech principles” have been fashioned by your enemies, contest their relevance to the issue at hand; but if you man- age to refashion them in line with your purposes, urge them with a vengeance.

It is a counsel that follows from the thesis that there is no such thing as free speech, which is not, after all, a thesis as startling or corrosive as may first have seemed. It merely says that there is no class of utterances separable from the world of conduct and that therefore the identification of some utterances as members of that nonexistent class will always be evidence that a political line has been drawn rather than a line that denies politics entry into the forum of public discourse. It is the job of the First Amendment to

There's No Such Thing as Free Speech and It's a Good Thing Too (selection): Reading 343

mark out an area in which competing views can be considered without state interference; but if the very marking out of that area is itself an interference (as it always will be), First Amendment jurisprudence is inevitably self-defeating and subversive of its own aspirations. That’s the bad news. The good news is that precisely because speech is never ‘‘free” in the two senses required—free of consequences and free from state pressure—speech always matters, is always doing work. Because everything we say impinges on the world in ways indistinguishable from the effects of physical action, we must take responsibility for our verbal performances—all of them—and not assume that they are being taken care of by a clause in the Constitution. Of course, with responsibility comes risks, but they have always been our risks, and no doctrine of free speech has ever insulated us from them. They are the risks of either allowing or policing the flow of discourse. They are the risks, respectively, of permitting speech that does obvious harm, and of shut- ting off speech in ways that might deny us the benefit of Joyce’s Ulysses or Lawrence’s Lady Chatterly’s Lover or Titian’s paintings.8 Nothing, I repeat, can insulate us from those risks. (If there is no normative guidance in deter- mining when and what speech to protect, there is no normative guidance in determining what is art—like free speech, a category that includes every- thing and nothing—and what is obscenity.) And, moreover, nothing can provide us with a principle for deciding which risk in the long run is the best to take. I am persuaded that at the present moment, right now, the risk of not attending to hate speech is greater than the risk that by regulating it we will deprive ourselves of valuable voices and insights or slide down the slip- pery slope toward tyranny. This is a judgment for which I can offer reasons but no guarantees. All I am saying is that the judgments of those who would come down on the other side carry no guarantees either, since the abstrac- tions that usually accompany such guarantees are malleable political con- structs. It is not that there are no choices to make or means of making them; it is just that the choices as well as the means are inextricable from the din and confusion of partisan struggle. There is no safe place.

� N O T E S

1. The First Amendment to the United States Constitution prohibits any law “abridging the freedom of speech, or of the press.” [D. C. ABEL, EDITOR]

2. popery: a disparaging term for Roman Catholicism [D. C. ABEL] 3. John Milton, Areopagitica: A Speech for the Liberty of Unlicensed Printing, to

the Parliament of England. Milton (1608–1674) was an English poet. [D. C. ABEL]

4. ad hoc: (Latin, “to this”) formed specifically for the case at hand [D. C. ABEL]

5. Regina [the Queen] v. Keegstra [1990] 3 S.C.R., pp. 697ff. [D. C. ABEL]

344 An Examined Life Critical Thinking and Ethics

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6. slippery slope: an argument claiming that if a particular event occurs, another and less desirable event will occur, followed by a third and even less desirable event, and so on, culminating in a thoroughly undesirable state of affairs [D. C. ABEL]

7. Mein Kampf (“My Struggle”; 2 vols., 1925 and 1926) is a work by German leader and Nazi Party head Adolf Hitler (1889–1945); The Protocols of the Elders of Zion (1903) is a fraudulent anti-Semitic book claiming to be a Jewish plan for world domination. [D. C. ABEL]

8. Ulysses is a novel by Irish writer James Joyce (1882–1941); Lady Chatterly’s Lover is a novel by English writer D. H. Lawrence (1885–1930); Titian (about 1488–1576) was an Italian painter. [D. C. ABEL]

There's No Such Thing as Free Speech and It's a Good Thing Too (selection): Reading 345

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459Bibliography

6. slippery slope: an argument claiming that if a particular event occurs, another and less desirable event will occur, followed by a third and even less desirable event, and so on, culminating in a thoroughly undesirable state of affairs [D. C. ABEL]

7. Mein Kampf (“My Struggle”; 2 vols., 1925 and 1926) is a work by German leader and Nazi Party head Adolf Hitler (1889–1945); The Protocols of the Elders of Zion (1903) is a fraudulent anti-Semitic book claiming to be a Jewish plan for world domination. [D. C. ABEL]

8. Ulysses is a novel by Irish writer James Joyce (1882–1941); Lady Chatterly’s Lover is a novel by English writer D. H. Lawrence (1885–1930); Titian (about 1488–1576) was an Italian painter. [D. C. ABEL]

There's No Such Thing as Free Speech and It's a Good Thing Too (selection): Reading 345

BIBLIOGRAPHY

John Stuart Mill, On Liberty. 4th ed.London: Longmans, Green, Reader & Dyer, 1869.

Stanley Fish, “There’s No Such Thing as Free Speech and It’s a Good Thing Too,” Boston Review 17 (February 1992).

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CHAPTER 16: The World As We Found It

INTRODUCTION

When it comes to global warming and climate change, it is often the case that both economic and political factors shade the moral debate and even plant doubts on the validity of science. The question of the place of humanity in the world and of our duties to that world has long been fodder for challenging philosophical debates, however, and these debates carry an increasingly urgent tone in the 21st century. There have been several ways of approaching the question of the moral status of the environment, from Natural Law arguments about our supremacy in nature to a recent wave of ecofeminism that ties together the oppression of women and the oppression of the environment. “You’ll feel better if you recycle” is an Aristotelian promise behind more than one ecological campaign. “Being good to Mother Earth and she will be good to you” is a rather sweet slogan for many well-intentioned activists who perhaps fail to notice that the Earth is nobody’s mother, that it is a thing with no consciousness and much less any feelings. The clever Scots David Hume wasn’t joking when he noted that “The life of man is of no greater importance to the universe than that of an oyster.” The Earth, truth be told, would be just as “happy” populated by indestructible plastic bottles and roaches as by an advanced human civilization. If global warming were to be simply the natural course of events, as was claimed in some quarters until the scientific evidence became impossible to ignore, then the demise of humanity would not be the first or even the fourth time that life on Earth was extinguished. That leaves us with accepting the inevitable or, if extinction in fact can be avoided or at least slowed down, with what amounts to a very simple classical utilitarian argument that goes like this: First, consider the consequences of our actions on the environment we need to go on living. Second, assess whether those consequences bring about happiness or its opposite. Third, consider the happiness or unhappiness of everyone affected by those consequences directly—with the novelty here being that those people affected can include future generations.

“What we take for granted might not be here for our children,” said the former United States Vice-President Al Gore in his impassioned call to action An Inconvenient Truth. “Our civilization has never experienced any environmental shift remotely similar to this.” The book, together with his 2006 documentary of the same title, was in fact a follow-up to Gore’s earlier book Earth in the Balance: Forging A New Common Purpose as well as other books and article he has written both before and after his political career.

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461Chapter 16: The World As We Found It

The scientific evidence is not exactly new, though it has become more and more of an inconvenient truth when the right thing to do is clearly the thing that will cost a lot of money. Already in 1972, the chemist F. Sherwood Rowland noted that compounds known as chlorofluorocarbons (CFCs)— byproducts of not only fossil fuels but also of technological innovations including refrigerators and spray cans—were rising to the stratosphere, becoming unstable, and setting off a chain reaction that would result in irreparable damage to the ozone layer that protects the Earth from the harmful parts of sunshine. This is the same sunshine that people, animals and plants need to survive. President Jimmy Carter commissioned a study on global warming from the National Academy of Sciences in 1977, a study that confirmed what is now taken as verified truth by the scientific community: global warming is largely a product of carbon emissions resulting from our continued and in fact increased reliance on burning fossil fuels. As predicted, a hole in the ozone layer over the South Pole was discovered, verified, in the 1980s. World leaders including United States President Ronald Reagan came together in 1987 and signed a treaty agreeing to phase out chlorofluorocarbons and to look into other causes of global warming. Action has been slow. The moral argument remains the same. Alarmingly, the consequences grow more catastrophic: the world’s food and water supplies are at risk, species are threatened with extinction, the polar ice caps are melting at an unprecedented rate. The United States, rather than discouraging the use of fossil fuels, is at present the largest single source of subsidizing fossil fuels through tax incentives in excess of four billion dollars a year. The development of alternative sources of energy, including solar and wind energy, does not receive those tax incentives.

Al Gore, jointly with the Intergovernmental Panel on Climate Change (I.P.C.C.), was awarded the 2007 Nobel Peace Prize, with the Nobel committee honoring Gore as “the single individual who has done more to rouse the public and governments that action had to be taken to meet the climate challenge.” In Gore’s argument, it would be immoral to let the Earth continue warming. In 2014, the I.P.C.C. issued a new report updating its scientific findings and sounding the alarm that time, like the natural resources we keep overusing, is running out. “Nobody on this planet,” said I.P.C.C. chairman Rajendra Pachauri, “is going to be untouched by the impacts of climate change.”

Octavio Roca and Matthew Schuh

“Many people today assume mistakenly that the Earth is so big that we humans cannot possibly have any major impact on the way our planet’s ecological system operates. That may have been true at one time, but it is not the case anymore.” U. S. Vice- President Al Gore

“Doing is the best way of saying.” José Martí

“The life of man is of no greater impor- tance to the universe than that of an oyster” David Hume

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346 An Examined Life Critical Thinking and Ethics

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346 An Examined Life Critical Thinking and Ethics Global Climate Change by William J. Clinton

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Global Climate Change by William J. Clinton 347

18_bos5511X_Ch16_p460-472.indd 463 7/24/14 10:25 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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464 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics

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Global Climate Change by William J. Clinton 349

18_bos5511X_Ch16_p460-472.indd 464 7/24/14 10:25 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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465Global Climate Change by William J. Clinton

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Global Climate Change by William J. Clinton 353

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354 An Examined Life Critical Thinking and Ethics

“There is no longer any serious doubt that climate change is real, accelerating, and caused by human activities. We are uncertain about how deep and the time of the arrival of the consequences. But we are quite clear they will not be good. So what shall we do about it?” U. S. President Bill Clinton

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356 An Examined Life Critical Thinking and Ethics

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471“When the waters subside, the problem’s going to be mold.”

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An Examined Life: Critical Thinking and Ethics472

BIBLIOGRAPHY

Speech or Remarks, December 8, 2005. William J. Clinton, former presi- dent of the United States, contends that global warming is real, that environmentally sound practices are economically feasible on personal and national levels, and that all peoples should work together to combat global warming.

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473

CHAPTER 17: Critical Thinking

and the Good Life

INTRODUCTION

So, now what? What is the right way to live? What is the right thing to do? These crucial

questions about an examined life themselves might seem to address separate issues, and deep divides even within each question can confound the best of us. Yet it is precisely by reaching for the best in us, by thinking critically about our possibilities and by recognizing our differences that we may approach answers to both questions. We do not all want the same things, but we all want to be happy. We do not always agree on the right thing to do, but critically examining our choices and recognizing the immense social and cultural diversity of the context in which we make those choices paves the way for reasoned moral arguments.

The good life must include our recognition of this diversity. The good life must take into account our relations with those who disagree with our choices only because we all seem to be in the same boat. The good life must begin with an open-mindedness and a capacity to engage different points of view. Pluralism is a reality, but pluralism cannot confuse the critical analysis of moral values. When James Rachels asks “What would a satisfactory moral theory be like?” at the end of this final chapter, he brings up the subject with full knowledge that the answer may prove elusive. No one theory is infallible. We know more than we used to, but we have a long way to go. We have come a long way, too. By applying critical thinking to the study of ethics, by identifying the structures of moral arguments, by examining and evaluating these arguments critically whether in solitude or in public, we can cultivate our capacity for ethical thinking in the midst of today’s cultural pluralism. Polarization, inequitity, indifference and selfishness are roadblocks on the road to empathetic understanding of differences, obstacles to responsible engagement in any multicultural society that aspires to democracy. Bridging cultures builds democracy, and thinking ethically, critically, is thinking democratically.

“We must make every effort to build this century as a century of compassion. It can be done. I think actually action is more important than faith, than prayers. In order to carry off effective action, meaningful action, we need vision, we need enthusiasm.” His Holiness the XIV Dalai Lama

The critical thinking skills covered in Part I of An Examined Life should be the starting point for a cognitive toolbox we can use to analyze the sampling of moral theories discussed in Part II. These tools are as useful as their user

Chapter 17: Critical Thinking and the Good Life

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Octavio Roca and Matthew Schuh

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On the Happy Life

Lucius Annaeus Seneca

Lucius Annaeus Seneca was born in about 4 B.C.E. in Córdoba, Spain, where his father was a Roman official and a noted orator. While still an infant, he was brought to Rome by an aunt, who raised him there. In school he studied rhetoric and then philosophy. He pursued a career as a lawyer and politician, but also continued his study of philosophy. His eloquence in the Senate aroused the jealousy of the Roman emperor Caligula, who planned to execute him but then changed his mind. When Claudius became emperor in 41, Seneca was accused of committing adultery with Claudius’s niece. The Senate condemned him to death, but Claudius commuted the sentence to banishment. Eight years later he was recalled to Rome to tutor the young Nero, the son of Claudius’s wife by a previous marriage. When Nero became emperor in 54, he made Seneca one of his principal advisors. But in 65 Seneca was accused of conspiracy and, presented with the choice of execution or suicide, he calmly slashed his wrists.

Seneca’s works include twelve essays on practical moral philosophy (his main area of interest), a treatise on natural science entitled Natural Questions, three consolations (works intended to comfort individuals who have suffered a personal loss), nine tragedies, and numerous letters on philosophical topics.

Our selection is from Seneca’s essay On the Happy Life, written in about 58 C.E. and addressed to Gallio, his older brother. (Gallio, incidentally, was the Roman official who refused to judge Paul; see Acts 18:12–17.) Seneca begins with the observation that by nature all human beings desire happiness. But what is happiness? Following the tradition of Stoicism (a philosophical school that began in the third century B.C.E. with the Greek philosopher Zeno of Citium), Seneca maintains that to be happy is to follow the guidance of nature. (In Stoicism, nature has a twofold sense: the divine power that rules the universe and the rational nature of the individual person, which is a portion of the divine power.) To follow nature is to live a life of virtue. A virtuous life is one of tranquillity and harmony of soul: One is content with one’s lot, indifferent to the vagaries of fortune, and beyond both fear and desire. Seneca explains that although virtuous living brings a certain kind of pleasure as a by-product, pleasure is not identical with happiness and should not be our goal in life. At the end of his essay, Seneca (who was very wealthy) points out that it is not inconsistent for a Stoic to possess wealth: The moral error lies not in owning riches but in letting riches own us.

To live happily, my brother Gallio, is the desire of all men, but their minds are blinded to a clear vision of just what it is that makes life happy. And so far from its being easy to attain the happy life, the more eagerly a man strives to reach it, the farther he recedes from it if he has made a mistake in the road; for when it leads in the opposite direction, his very speed will increase the distance that separates him.

First, therefore, we must seek what it is that we are aiming at. Then we must look about for the road by which we can reach it most quickly; and on the journey itself, if only we are on the right path, we shall discover how much of the distance we overcome each day, and how much nearer we are to the goal toward which we are urged by a natural desire. But so long as we wander aimlessly, having no guide and following only the noise and dis-

On the Happy Life (selection): Reading 357

can make them—you need to use them wisely and use them often, then you’ll be good at it. Merely having a hammer does not make one a good carpenter any more than, in one of Aristotle’s own examples in the Nichomachean Ethics, having a nice flute does not make one a great flutist. You need talent, you need opportunity, you need practice, and perhaps most of all you need a flute. Add to that the question of who should get the flute—the talented poor student or the less talented one who can afford it—and we see how from Aristotle right through Kant, Mill, Marx, Sartre, Singer and McIntyre, the connection between ethics and politics is all but inescapable. We are not alone when we make moral choices. Part III analyzed some of the difficult moral choices our society is facing right now.

Ethics is a complex subject, difficult to isolate and tough to pin down. Theories conflict with each other, clarity is a goal not always reached, but action is a necessity. Analyzing different philosophical perspectives can be puzzling when followed by the realization that there indeed may be more than one side to a moral question. We do not know everything. But we can get to know a lot.

So, now what? We keep thinking critically about our moral choices, both in our private lives and in our society. We continue to analyze, we continue to examine our lives. We keep asking. And we try to remember that we are not the first to ask, that we are not alone.

“Do not talk about what a good man is, but be one.” Marcus Aurelius

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On the Happy Life (selection): Reading 475Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

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On the Happy Life

Lucius Annaeus Seneca

Lucius Annaeus Seneca was born in about 4 B.C.E. in Córdoba, Spain, where his father was a Roman official and a noted orator. While still an infant, he was brought to Rome by an aunt, who raised him there. In school he studied rhetoric and then philosophy. He pursued a career as a lawyer and politician, but also continued his study of philosophy. His eloquence in the Senate aroused the jealousy of the Roman emperor Caligula, who planned to execute him but then changed his mind. When Claudius became emperor in 41, Seneca was accused of committing adultery with Claudius’s niece. The Senate condemned him to death, but Claudius commuted the sentence to banishment. Eight years later he was recalled to Rome to tutor the young Nero, the son of Claudius’s wife by a previous marriage. When Nero became emperor in 54, he made Seneca one of his principal advisors. But in 65 Seneca was accused of conspiracy and, presented with the choice of execution or suicide, he calmly slashed his wrists.

Seneca’s works include twelve essays on practical moral philosophy (his main area of interest), a treatise on natural science entitled Natural Questions, three consolations (works intended to comfort individuals who have suffered a personal loss), nine tragedies, and numerous letters on philosophical topics.

Our selection is from Seneca’s essay On the Happy Life, written in about 58 C.E. and addressed to Gallio, his older brother. (Gallio, incidentally, was the Roman official who refused to judge Paul; see Acts 18:12–17.) Seneca begins with the observation that by nature all human beings desire happiness. But what is happiness? Following the tradition of Stoicism (a philosophical school that began in the third century B.C.E. with the Greek philosopher Zeno of Citium), Seneca maintains that to be happy is to follow the guidance of nature. (In Stoicism, nature has a twofold sense: the divine power that rules the universe and the rational nature of the individual person, which is a portion of the divine power.) To follow nature is to live a life of virtue. A virtuous life is one of tranquillity and harmony of soul: One is content with one’s lot, indifferent to the vagaries of fortune, and beyond both fear and desire. Seneca explains that although virtuous living brings a certain kind of pleasure as a by-product, pleasure is not identical with happiness and should not be our goal in life. At the end of his essay, Seneca (who was very wealthy) points out that it is not inconsistent for a Stoic to possess wealth: The moral error lies not in owning riches but in letting riches own us.

To live happily, my brother Gallio, is the desire of all men, but their minds are blinded to a clear vision of just what it is that makes life happy. And so far from its being easy to attain the happy life, the more eagerly a man strives to reach it, the farther he recedes from it if he has made a mistake in the road; for when it leads in the opposite direction, his very speed will increase the distance that separates him.

First, therefore, we must seek what it is that we are aiming at. Then we must look about for the road by which we can reach it most quickly; and on the journey itself, if only we are on the right path, we shall discover how much of the distance we overcome each day, and how much nearer we are to the goal toward which we are urged by a natural desire. But so long as we wander aimlessly, having no guide and following only the noise and dis-

On the Happy Life (selection): Reading 357

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An Examined Life: Critical Thinking and Ethics476 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

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But when I say “ours,” I do not bind myself to some particular one of the Stoic masters; I, too, have the right to form an opinion. Accordingly, I shall follow so-and-so, I shall request so-and-so to divide the question. Perhaps too, when called upon after all the rest, I shall impugn none of my prede- cessors’ opinions and shall say: “I simply have this much to add.” Mean- time, I follow the guidance of nature—a doctrine upon which all Stoics are agreed. Not to stray from nature and to mould ourselves according to her law and pattern—this is true wisdom.

The happy life, therefore, is a life that is in harmony with its own na- ture, and it can be attained in only one way. First of all, we must have a sound mind and one that is in constant possession of its sanity. Second, it must be courageous and energetic and, too, capable of the noblest forti- tude, ready for every emergency, careful of the body and of all that con- cerns it, but without anxiety. Lastly, it must be attentive to all the advan- tages that adorn life, but with overmuch love for none—the user, but not the slave, of the gifts of fortune. You understand, even if I do not say more, that, when once we have driven away all that excites or affrights us, there ensues unbroken tranquillity and enduring freedom. For when pleasures and fears have been banished, then, in place of all that is trivial and fragile and harmful just because of the evil it works, there comes upon us first a boundless joy that is firm and unalterable, then peace and harmony of the soul and true greatness coupled with kindliness; for all ferocity is born from weakness. . . .

It will come to the same thing if I say: “The highest good is a mind that scorns the happenings of chance and rejoices only in virtue,” or say: “It is the power of the mind to be unconquerable, wise from experience, calm in action, showing the while much courtesy and consideration in intercourse with others.” It may also be defined in the statement that the happy man is he who recognizes no good and evil other than a good and an evil mind— one who cherishes honour, is content with virtue, who is neither puffed up nor crushed by the happenings of chance, who knows of no greater good than that which he alone is able to bestow upon himself, for whom true pleasure will be the scorn of pleasures. It is possible, too, if one chooses to be discursive, to transfer the same idea to various other forms of expres- sion without injuring or weakening its meaning. For what prevents us from saying that the happy life is to have a mind that is free, lofty, fearless, and steadfast—a mind that is placed beyond the reach of fear, beyond the reach of desire, that counts virtue the only good, baseness the only evil, and all else but a worthless mass of things which come and go without in- creasing or diminishing the highest good, and neither subtract any part from the happy life nor add any part to it? . . .

The happy man is one who is freed from both fear and desire because of the gift of reason; since even rocks are free from fear and sorrow, and no less are the beasts of the field, yet for all that no one could say that these things are “blissful,” when they have no comprehension of bliss. Put in the

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cordant cries of those who call us in different directions, life will be con- sumed in making mistakes—life that is brief even if we should strive day and night for sound wisdom. Let us, therefore, decide both upon the goal and upon the way, and not fail to find some experienced guide who has ex- plored the region towards which we are advancing; for the conditions of this journey are different from those of most travel. On most journeys some well-recognized road and inquiries made of the inhabitants of the re- gion prevent you from going astray; but on this one all the best beaten and the most frequented paths are the most deceptive. Nothing, therefore, needs to be more emphasized than the warning that we should not, like sheep, follow the lead of the throng in front of us, travelling, thus, the way that all go and not the way that we ought to go. Yet nothing involves us in greater trouble than the fact that we adapt ourselves to common report in the belief that the best things are those that have met with great approval— the fact that, having so many to follow, we live after the rule, not of reason, but of imitation. The result of this is that people are piled high, one above another, as they rush to destruction. And just as it happens that in a great crush of humanity, when the people push against each other, no one can fall down without drawing along another, and those that are in front cause destruction to those behind—this same thing you may see happening everywhere in life. No man can go wrong to his own hurt only, but he will be both the cause and the sponsor of another’s wrongdoing. For it is dan- gerous to attach oneself to the crowd in front, and so long as each one of us is more willing to trust another than to judge for himself, we never show any judgement in the matter of living, but always a blind trust; and a mis- take that has been passed on from hand to hand finally involves us and works our destruction. It is the example of other people that is our undo- ing. Let us merely separate ourselves from the crowd, and we shall be made whole. But as it is, the populace, defending its own iniquity, pits itself against reason. And so we see the same thing happening that happens at the elections, where, when the fickle breeze of popular favour has shifted, the very same persons who chose the praetors1 wonder that those praetors were chosen. The same thing has one moment our favour, the next our dis- favour; this is the outcome of every decision that follows the choice of the majority.

When the happy life is under debate, there will be no use for you to reply to me, as if it were a matter of votes: “This side seems to be in a ma- jority.” For that is just the reason it is the worse side. Human affairs are not so happily ordered that the majority prefer the better things; a proof of the worst choice is the crowd. Therefore let us find out what is best to do, not what is most commonly done—what will establish our claim to lasting hap- piness, not what finds favour with the rabble, who are the worst possible ex- ponents of the truth. . . .

I shall pass over in silence the opinions of other philosophers, for it would be tedious to enumerate and refute them all. Do you listen to ours.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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477On the Happy Life (selection): ReadingAbel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

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But when I say “ours,” I do not bind myself to some particular one of the Stoic masters; I, too, have the right to form an opinion. Accordingly, I shall follow so-and-so, I shall request so-and-so to divide the question. Perhaps too, when called upon after all the rest, I shall impugn none of my prede- cessors’ opinions and shall say: “I simply have this much to add.” Mean- time, I follow the guidance of nature—a doctrine upon which all Stoics are agreed. Not to stray from nature and to mould ourselves according to her law and pattern—this is true wisdom.

The happy life, therefore, is a life that is in harmony with its own na- ture, and it can be attained in only one way. First of all, we must have a sound mind and one that is in constant possession of its sanity. Second, it must be courageous and energetic and, too, capable of the noblest forti- tude, ready for every emergency, careful of the body and of all that con- cerns it, but without anxiety. Lastly, it must be attentive to all the advan- tages that adorn life, but with overmuch love for none—the user, but not the slave, of the gifts of fortune. You understand, even if I do not say more, that, when once we have driven away all that excites or affrights us, there ensues unbroken tranquillity and enduring freedom. For when pleasures and fears have been banished, then, in place of all that is trivial and fragile and harmful just because of the evil it works, there comes upon us first a boundless joy that is firm and unalterable, then peace and harmony of the soul and true greatness coupled with kindliness; for all ferocity is born from weakness. . . .

It will come to the same thing if I say: “The highest good is a mind that scorns the happenings of chance and rejoices only in virtue,” or say: “It is the power of the mind to be unconquerable, wise from experience, calm in action, showing the while much courtesy and consideration in intercourse with others.” It may also be defined in the statement that the happy man is he who recognizes no good and evil other than a good and an evil mind— one who cherishes honour, is content with virtue, who is neither puffed up nor crushed by the happenings of chance, who knows of no greater good than that which he alone is able to bestow upon himself, for whom true pleasure will be the scorn of pleasures. It is possible, too, if one chooses to be discursive, to transfer the same idea to various other forms of expres- sion without injuring or weakening its meaning. For what prevents us from saying that the happy life is to have a mind that is free, lofty, fearless, and steadfast—a mind that is placed beyond the reach of fear, beyond the reach of desire, that counts virtue the only good, baseness the only evil, and all else but a worthless mass of things which come and go without in- creasing or diminishing the highest good, and neither subtract any part from the happy life nor add any part to it? . . .

The happy man is one who is freed from both fear and desire because of the gift of reason; since even rocks are free from fear and sorrow, and no less are the beasts of the field, yet for all that no one could say that these things are “blissful,” when they have no comprehension of bliss. Put in the

On the Happy Life (selection): Reading 359Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

cordant cries of those who call us in different directions, life will be con- sumed in making mistakes—life that is brief even if we should strive day and night for sound wisdom. Let us, therefore, decide both upon the goal and upon the way, and not fail to find some experienced guide who has ex- plored the region towards which we are advancing; for the conditions of this journey are different from those of most travel. On most journeys some well-recognized road and inquiries made of the inhabitants of the re- gion prevent you from going astray; but on this one all the best beaten and the most frequented paths are the most deceptive. Nothing, therefore, needs to be more emphasized than the warning that we should not, like sheep, follow the lead of the throng in front of us, travelling, thus, the way that all go and not the way that we ought to go. Yet nothing involves us in greater trouble than the fact that we adapt ourselves to common report in the belief that the best things are those that have met with great approval— the fact that, having so many to follow, we live after the rule, not of reason, but of imitation. The result of this is that people are piled high, one above another, as they rush to destruction. And just as it happens that in a great crush of humanity, when the people push against each other, no one can fall down without drawing along another, and those that are in front cause destruction to those behind—this same thing you may see happening everywhere in life. No man can go wrong to his own hurt only, but he will be both the cause and the sponsor of another’s wrongdoing. For it is dan- gerous to attach oneself to the crowd in front, and so long as each one of us is more willing to trust another than to judge for himself, we never show any judgement in the matter of living, but always a blind trust; and a mis- take that has been passed on from hand to hand finally involves us and works our destruction. It is the example of other people that is our undo- ing. Let us merely separate ourselves from the crowd, and we shall be made whole. But as it is, the populace, defending its own iniquity, pits itself against reason. And so we see the same thing happening that happens at the elections, where, when the fickle breeze of popular favour has shifted, the very same persons who chose the praetors1 wonder that those praetors were chosen. The same thing has one moment our favour, the next our dis- favour; this is the outcome of every decision that follows the choice of the majority.

When the happy life is under debate, there will be no use for you to reply to me, as if it were a matter of votes: “This side seems to be in a ma- jority.” For that is just the reason it is the worse side. Human affairs are not so happily ordered that the majority prefer the better things; a proof of the worst choice is the crowd. Therefore let us find out what is best to do, not what is most commonly done—what will establish our claim to lasting hap- piness, not what finds favour with the rabble, who are the worst possible ex- ponents of the truth. . . .

I shall pass over in silence the opinions of other philosophers, for it would be tedious to enumerate and refute them all. Do you listen to ours.

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics478 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

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could not happen if pleasure were indissolubly joined to virtue. Virtue often lacks pleasure, and never needs it. Why do you couple things that are unlike, nay, even opposites? Virtue is something lofty, exalted and regal, unconquerable, and unwearied; pleasure is something lowly, servile, weak, and perishable, whose haunt and abode are the brothel and the tavern. Virtue you will find in the temple, in the forum, in the senate-house; you will find her standing in front of the city walls, dusty and stained, and with calloused hands. Pleasure you will more often find lurking out of sight, and in search of darkness, around the public baths and the sweating-rooms and the places that fear the police—soft, enervated, reeking with wine and per- fume, and pallid, or else painted and made up with cosmetics like a corpse. The highest good is immortal, it knows no ending, it permits neither sur- feit nor regret; for the right-thinking mind never alters, it neither is filled with self-loathing nor suffers any change in its life, that is ever the best. But pleasure is extinguished just when it is most enjoyed; it has but small space, and thus quickly fills it; it grows weary and is soon spent after its first as- sault. Nor is anything certain whose nature consists in movement. So it is not even possible that there should be any substance in that which comes and goes most swiftly and will perish in the very exercise of its power; for it struggles to reach a point at which it may cease, and it looks to the end while it is beginning.

What, further, is to be said of the fact that pleasure belongs alike to the good and the evil, and that the base delight no less in their disgrace than do the honourable in fair repute? And therefore the ancients have en- joined us to follow, not the most pleasant, but the best life, in order that pleasure should be, not the leader, but the companion of a right and prop- er desire. For we must use nature as our guide. She it is that reason heeds; it is of her that it takes counsel. Therefore to live happily is the same thing as to live according to nature. What this is, I shall proceed to make clear. If we shall guard the endowments of the body and the needs of nature with care and fearlessness, in the thought that they have been given but for a day and are fleeting; if we shall not be their slaves, nor allow these alien things to become our masters; if we shall count that the gratifications of the body, unessential as they are, have a place like to that of the auxiliaries and light-armed troops in camp; if we let them serve, not command—thus and thus only will these things be profitable to the mind. Let a man not be corrupted by external things; let him be unconquerable and admire only himself, courageous in spirit and ready for any fate; let him be the moulder of his own life; let not his confidence be without knowledge, nor his knowl- edge without firmness; let his decisions once made abide; and let not his decrees be altered by any erasure. It will be understood, even without my adding it, that such a man will be poised and well-ordered, and will show majesty mingled with courtesy in all his actions. Let reason search into ex- ternal things at the instigation of the senses, and, while it derives from them its first knowledge (for it has no other base from which it may oper-

On the Happy Life (selection): Reading 361Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

same class those people whose dullness of nature and ignorance of them- selves have reduced them to the level of beasts of the field and of inani- mate things. There is no difference between the one and the other, since in one case they are things without reason, and in the other their reason is warped and works their own hurt, being active in the wrong direction. For no man can be said to be happy if he has been thrust outside the pale of truth. Therefore the life that is happy has been founded on correct and trustworthy judgement, and is unalterable. Then truly is the mind uncloud- ed and freed from every ill, since it knows how to escape not only deep wounds, but even scratches; and, resolved to hold to the end whatever stand it has taken, it will defend its position even against the assaults of an angry fortune. For so far as sensual pleasure is concerned, though it flows about us on every side, steals in through every opening, softens the mind with its blandishments, and employs one resource after another in order to seduce us in whole or in part, yet who of mortals, if he has left in him one trace of a human being, would choose to have his senses tickled night and day, and, forsaking the mind, devote his attention wholly to the body?

“But the mind also,” it will be said, “has its own pleasures.” Let it have them [indeed], and let it pose as a judge of luxury and pleasures; let it gorge itself with all the things that are wont to delight the senses, then let it look back upon the past, and, recalling faded pleasures, let it intoxicate it- self with former experiences and be eager now for those to come; and let it lay its plans, and, while the body lies helpless from present cramming, let it direct its thoughts to that to come—yet from all this, it seems to me, the mind will be more wretched than ever, since it is madness to choose evils instead of goods. But no man can be happy unless he is sane, and no man can be sane who searches for what will injure him in place of what is best. The happy man, therefore, is one who has right judgement; the happy man is content with his present lot, no matter what it is, and is reconciled to his circumstances; the happy man is he who allows reason to fix the value of every condition of existence.

Even those who declare that the highest good is in the belly see in what a dishonourable position they have placed it. And so they say that it is not possible to separate pleasure from virtue, and they aver that no one can live virtuously without also living pleasantly, nor pleasantly without also liv- ing virtuously. But I do not see how things so different can be cast in the same mould. What reason is there, I beg of you, why pleasure cannot be separated from virtue? Do you mean, since all goods have their origin in virtue, even the things that you love and desire must spring from its roots? But if the two were inseparable, we should not see certain things pleasant but not honourable, and certain things truly most honourable but painful and capable of being accomplished only through suffering. Then, too, we see that pleasure enters into even the basest life, but, on the other hand, virtue does not permit life to be evil, and there are people who are unhap- py not without pleasure—nay, are so on account of pleasure itself—and this

360 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

On the Happy Life (selection): Reading 479Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

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could not happen if pleasure were indissolubly joined to virtue. Virtue often lacks pleasure, and never needs it. Why do you couple things that are unlike, nay, even opposites? Virtue is something lofty, exalted and regal, unconquerable, and unwearied; pleasure is something lowly, servile, weak, and perishable, whose haunt and abode are the brothel and the tavern. Virtue you will find in the temple, in the forum, in the senate-house; you will find her standing in front of the city walls, dusty and stained, and with calloused hands. Pleasure you will more often find lurking out of sight, and in search of darkness, around the public baths and the sweating-rooms and the places that fear the police—soft, enervated, reeking with wine and per- fume, and pallid, or else painted and made up with cosmetics like a corpse. The highest good is immortal, it knows no ending, it permits neither sur- feit nor regret; for the right-thinking mind never alters, it neither is filled with self-loathing nor suffers any change in its life, that is ever the best. But pleasure is extinguished just when it is most enjoyed; it has but small space, and thus quickly fills it; it grows weary and is soon spent after its first as- sault. Nor is anything certain whose nature consists in movement. So it is not even possible that there should be any substance in that which comes and goes most swiftly and will perish in the very exercise of its power; for it struggles to reach a point at which it may cease, and it looks to the end while it is beginning.

What, further, is to be said of the fact that pleasure belongs alike to the good and the evil, and that the base delight no less in their disgrace than do the honourable in fair repute? And therefore the ancients have en- joined us to follow, not the most pleasant, but the best life, in order that pleasure should be, not the leader, but the companion of a right and prop- er desire. For we must use nature as our guide. She it is that reason heeds; it is of her that it takes counsel. Therefore to live happily is the same thing as to live according to nature. What this is, I shall proceed to make clear. If we shall guard the endowments of the body and the needs of nature with care and fearlessness, in the thought that they have been given but for a day and are fleeting; if we shall not be their slaves, nor allow these alien things to become our masters; if we shall count that the gratifications of the body, unessential as they are, have a place like to that of the auxiliaries and light-armed troops in camp; if we let them serve, not command—thus and thus only will these things be profitable to the mind. Let a man not be corrupted by external things; let him be unconquerable and admire only himself, courageous in spirit and ready for any fate; let him be the moulder of his own life; let not his confidence be without knowledge, nor his knowl- edge without firmness; let his decisions once made abide; and let not his decrees be altered by any erasure. It will be understood, even without my adding it, that such a man will be poised and well-ordered, and will show majesty mingled with courtesy in all his actions. Let reason search into ex- ternal things at the instigation of the senses, and, while it derives from them its first knowledge (for it has no other base from which it may oper-

On the Happy Life (selection): Reading 361Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

same class those people whose dullness of nature and ignorance of them- selves have reduced them to the level of beasts of the field and of inani- mate things. There is no difference between the one and the other, since in one case they are things without reason, and in the other their reason is warped and works their own hurt, being active in the wrong direction. For no man can be said to be happy if he has been thrust outside the pale of truth. Therefore the life that is happy has been founded on correct and trustworthy judgement, and is unalterable. Then truly is the mind uncloud- ed and freed from every ill, since it knows how to escape not only deep wounds, but even scratches; and, resolved to hold to the end whatever stand it has taken, it will defend its position even against the assaults of an angry fortune. For so far as sensual pleasure is concerned, though it flows about us on every side, steals in through every opening, softens the mind with its blandishments, and employs one resource after another in order to seduce us in whole or in part, yet who of mortals, if he has left in him one trace of a human being, would choose to have his senses tickled night and day, and, forsaking the mind, devote his attention wholly to the body?

“But the mind also,” it will be said, “has its own pleasures.” Let it have them [indeed], and let it pose as a judge of luxury and pleasures; let it gorge itself with all the things that are wont to delight the senses, then let it look back upon the past, and, recalling faded pleasures, let it intoxicate it- self with former experiences and be eager now for those to come; and let it lay its plans, and, while the body lies helpless from present cramming, let it direct its thoughts to that to come—yet from all this, it seems to me, the mind will be more wretched than ever, since it is madness to choose evils instead of goods. But no man can be happy unless he is sane, and no man can be sane who searches for what will injure him in place of what is best. The happy man, therefore, is one who has right judgement; the happy man is content with his present lot, no matter what it is, and is reconciled to his circumstances; the happy man is he who allows reason to fix the value of every condition of existence.

Even those who declare that the highest good is in the belly see in what a dishonourable position they have placed it. And so they say that it is not possible to separate pleasure from virtue, and they aver that no one can live virtuously without also living pleasantly, nor pleasantly without also liv- ing virtuously. But I do not see how things so different can be cast in the same mould. What reason is there, I beg of you, why pleasure cannot be separated from virtue? Do you mean, since all goods have their origin in virtue, even the things that you love and desire must spring from its roots? But if the two were inseparable, we should not see certain things pleasant but not honourable, and certain things truly most honourable but painful and capable of being accomplished only through suffering. Then, too, we see that pleasure enters into even the basest life, but, on the other hand, virtue does not permit life to be evil, and there are people who are unhap- py not without pleasure—nay, are so on account of pleasure itself—and this

360 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics480 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

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“You are misrepresenting what I say,” you retort; “for I admit that no man can live pleasantly without at the same time living virtuously as well, and this is patently impossible for dumb beasts and for those who measure their good by mere food. Distinctly, I say, and openly I testify that the life that I denominate pleasant is impossible without the addition of virtue.” Yet who does not know that those who are most apt to be filled with your sort of pleasure are all the greatest fools, and that wickedness abounds in enjoyments, and that the mind itself supplies many kinds of pleasure that are vicious? Foremost are haughtiness, a too high opinion of one’s self and a puffed-up superiority to others, a blind and unthinking devotion to one’s own interests, dissolute luxury, extravagant joy springing from very small and childish causes, a biting tongue, the arrogance that takes pleasure in insults, sloth, and the degeneracy of a sluggish mind that falls asleep over itself. All these things virtue tosses aside, and she plucks the ear2 and ap- praises pleasures before she permits them. And those that she approves she sets no great store by, or even just permits them; and it is not her use of them, but her temperance that gives her joy. Since, however, temperance reduces our pleasures, injury results to your highest good. You embrace pleasure, I enchain her; you enjoy pleasure, I use it; you think it the high- est good, I do not think it even a good; you do everything for the sake of pleasure, I, nothing.

When I say that “I” do nothing for the sake of pleasure, I am speaking of the ideal wise man, to whom alone you are willing to concede pleasure. But I do not call him a wise man who is dominated by anything, still less by pleasure. And yet if he is engrossed by this, how will he withstand toil and danger and want and all the threatening ills that clamour about the life of man? How will he endure the sight of death, how grief, how the crashes of the universe and all the fierce foes that face him, if he has been subdued by so soft an adversary? You say: “He will do whatever pleasure advises.” But come, do you not see how many things it will be able to advise? “It will not be able to advise anything base,” you say, “because it is linked with virtue.” But once more, do you not see what sort of thing that highest good must be if it needs a guardian in order to become a good? And how shall virtue guide pleasure if she follows her, since it is the part of one who obeys to fol- low, of one who commands to guide? Do you station in the rear the one that commands? Truly a fine office that you assign to virtue—to be the foretaster3 of your pleasures! . . .

Whosoever has gone over to the side of virtue, has given proof of a noble nature; he who follows pleasure is seen to be weakly, broken, losing his manhood, and on the sure path to baseness unless someone shall estab- lish for him some distinction between pleasures, so that he may know which of them lie within the bounds of natural desire, which sweep head- long onward and are unbounded and are the more insatiable the more they are satisfied. Come, then—let virtue lead the way, and every step will be safe. Then, too, it is the excess of pleasure that harms; but in the case of

On the Happy Life (selection): Reading 363Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

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ate, or begin its assault upon truth), yet let it fall back upon itself. For God also, the all-embracing world and the ruler of the universe, reaches forth into outward things, yet, withdrawing from all sides, returns into himself. And our mind should do the same: when, having followed the senses that serve it, it has through them reached to things without, let it be the master both of them and of itself. In this way will be born an energy that is united, a power that is at harmony with itself, and that dependable reason which is not divided against itself nor uncertain either in its opinions, or its percep- tions, or in its convictions. And this reason, when it has regulated itself and established harmony between all its parts and, so to speak, is in tune, has attained the highest good. For no crookedness, no slipperiness is left to it—nothing that will cause it to stumble or fall. It will do everything under its own authority and nothing unexpected will befall it, but whatever it does will turn out a good—and that, too, easily and readily and without subterfuge on the part of the doer, for reluctance and hesitation are an in- dication of conflict and instability. Therefore you may boldly declare that the highest good is harmony of the soul; for where concord and unity are, there must the virtues be. Discord accompanies the vices.

“But even you,” it is retorted, “cultivate virtue for no other reason than because you hope for some pleasure from it.” But, in the first place, even though virtue is sure to bestow pleasure, it is not for this reason that virtue is sought. For it is not this, but something more than this that she bestows; nor does she labour for this, but her labour, while directed to- ward something else, achieves this also. As in a ploughed field, which has been broken up for grain, some flowers will spring up here and there, yet it was not for these poor little plants, although they may please the eye, that so much toil was expended (the sower had a different purpose, these were superadded)—just so, pleasure is neither the cause nor the reward of virtue, but its by-product, and we do not accept virtue because she de- lights us, but if we accept her, she also delights us. The highest good lies in the very choice of it, and in the very attitude of a mind made perfect. And when the mind has completed its course and fortified itself within its own bounds, the highest good has now been perfected, and nothing fur- ther is desired; for there can no more be anything outside of the whole than there can be some point beyond the end. Therefore you blunder when you ask what it is that makes me seek virtue; you are looking for something beyond the supreme. Do you ask what it is that I seek in virtue? Only herself. For she offers nothing better—she herself is her own reward. Or does this seem to you too small a thing? When I say to you, “The highest good is the inflexibility of an unyielding mind, its foresight, its sublimity, its soundness, its freedom, its harmony, its beauty,” do you require of me something still greater to which these blessings may be as- cribed? Why do you mention to me pleasure? It is the good of man that I am searching for, not that of his belly. The belly of cattle and wild beasts is more roomy!

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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On the Happy Life (selection): Reading 481Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

“You are misrepresenting what I say,” you retort; “for I admit that no man can live pleasantly without at the same time living virtuously as well, and this is patently impossible for dumb beasts and for those who measure their good by mere food. Distinctly, I say, and openly I testify that the life that I denominate pleasant is impossible without the addition of virtue.” Yet who does not know that those who are most apt to be filled with your sort of pleasure are all the greatest fools, and that wickedness abounds in enjoyments, and that the mind itself supplies many kinds of pleasure that are vicious? Foremost are haughtiness, a too high opinion of one’s self and a puffed-up superiority to others, a blind and unthinking devotion to one’s own interests, dissolute luxury, extravagant joy springing from very small and childish causes, a biting tongue, the arrogance that takes pleasure in insults, sloth, and the degeneracy of a sluggish mind that falls asleep over itself. All these things virtue tosses aside, and she plucks the ear2 and ap- praises pleasures before she permits them. And those that she approves she sets no great store by, or even just permits them; and it is not her use of them, but her temperance that gives her joy. Since, however, temperance reduces our pleasures, injury results to your highest good. You embrace pleasure, I enchain her; you enjoy pleasure, I use it; you think it the high- est good, I do not think it even a good; you do everything for the sake of pleasure, I, nothing.

When I say that “I” do nothing for the sake of pleasure, I am speaking of the ideal wise man, to whom alone you are willing to concede pleasure. But I do not call him a wise man who is dominated by anything, still less by pleasure. And yet if he is engrossed by this, how will he withstand toil and danger and want and all the threatening ills that clamour about the life of man? How will he endure the sight of death, how grief, how the crashes of the universe and all the fierce foes that face him, if he has been subdued by so soft an adversary? You say: “He will do whatever pleasure advises.” But come, do you not see how many things it will be able to advise? “It will not be able to advise anything base,” you say, “because it is linked with virtue.” But once more, do you not see what sort of thing that highest good must be if it needs a guardian in order to become a good? And how shall virtue guide pleasure if she follows her, since it is the part of one who obeys to fol- low, of one who commands to guide? Do you station in the rear the one that commands? Truly a fine office that you assign to virtue—to be the foretaster3 of your pleasures! . . .

Whosoever has gone over to the side of virtue, has given proof of a noble nature; he who follows pleasure is seen to be weakly, broken, losing his manhood, and on the sure path to baseness unless someone shall estab- lish for him some distinction between pleasures, so that he may know which of them lie within the bounds of natural desire, which sweep head- long onward and are unbounded and are the more insatiable the more they are satisfied. Come, then—let virtue lead the way, and every step will be safe. Then, too, it is the excess of pleasure that harms; but in the case of

On the Happy Life (selection): Reading 363Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

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ate, or begin its assault upon truth), yet let it fall back upon itself. For God also, the all-embracing world and the ruler of the universe, reaches forth into outward things, yet, withdrawing from all sides, returns into himself. And our mind should do the same: when, having followed the senses that serve it, it has through them reached to things without, let it be the master both of them and of itself. In this way will be born an energy that is united, a power that is at harmony with itself, and that dependable reason which is not divided against itself nor uncertain either in its opinions, or its percep- tions, or in its convictions. And this reason, when it has regulated itself and established harmony between all its parts and, so to speak, is in tune, has attained the highest good. For no crookedness, no slipperiness is left to it—nothing that will cause it to stumble or fall. It will do everything under its own authority and nothing unexpected will befall it, but whatever it does will turn out a good—and that, too, easily and readily and without subterfuge on the part of the doer, for reluctance and hesitation are an in- dication of conflict and instability. Therefore you may boldly declare that the highest good is harmony of the soul; for where concord and unity are, there must the virtues be. Discord accompanies the vices.

“But even you,” it is retorted, “cultivate virtue for no other reason than because you hope for some pleasure from it.” But, in the first place, even though virtue is sure to bestow pleasure, it is not for this reason that virtue is sought. For it is not this, but something more than this that she bestows; nor does she labour for this, but her labour, while directed to- ward something else, achieves this also. As in a ploughed field, which has been broken up for grain, some flowers will spring up here and there, yet it was not for these poor little plants, although they may please the eye, that so much toil was expended (the sower had a different purpose, these were superadded)—just so, pleasure is neither the cause nor the reward of virtue, but its by-product, and we do not accept virtue because she de- lights us, but if we accept her, she also delights us. The highest good lies in the very choice of it, and in the very attitude of a mind made perfect. And when the mind has completed its course and fortified itself within its own bounds, the highest good has now been perfected, and nothing fur- ther is desired; for there can no more be anything outside of the whole than there can be some point beyond the end. Therefore you blunder when you ask what it is that makes me seek virtue; you are looking for something beyond the supreme. Do you ask what it is that I seek in virtue? Only herself. For she offers nothing better—she herself is her own reward. Or does this seem to you too small a thing? When I say to you, “The highest good is the inflexibility of an unyielding mind, its foresight, its sublimity, its soundness, its freedom, its harmony, its beauty,” do you require of me something still greater to which these blessings may be as- cribed? Why do you mention to me pleasure? It is the good of man that I am searching for, not that of his belly. The belly of cattle and wild beasts is more roomy!

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics482 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

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rushed nonetheless to the bidden tasks. But what madness to prefer to be dragged rather than to follow! As much so, in all faith, as it is great folly and ignorance of one’s lot to grieve because of some lack or some rather bitter happening, and in like manner to be surprised or indignant at those ills that befall the good no less than the bad—I mean sickness and death and infirmities and all the other unexpected ills that invade human life. All that the very constitution of the universe obliges us to suffer, must be borne with high courage. This is the sacred obligation by which we are bound—to submit to the human lot and not to be disquieted by those things which we have no power to avoid. We have been born under a monarchy; to obey God is freedom.

Therefore true happiness is founded upon virtue. And what is the counsel this virtue will give to you? That you should not consider anything either a good or an evil that will not be the result of either virtue or vice; then, that you should stand unmoved both in the face of evil and by the en- joyment of good, to the end that—as far as is allowed—you may body forth God. And what does virtue promise you for this enterprise? Mighty privi- leges and equal to the divine. You shall be bound by no constraint, nothing shall you lack, you shall be free, safe, unhurt. Nothing shall you [attempt] in vain, from nothing be debarred. All things shall happen according to your desire; nothing adverse shall befall you, nothing contrary to your ex- pectations and wish. “What? Does virtue alone suffice for living happily?” Perfect and divine as it is, why should it not suffice—nay, suffice to overflowing? For if a man has been placed beyond the reach of any desire, what can he possibly lack? If a man has gathered into himself all that is his, what need does he have of any outside thing? . . .

“Philosophers do not practise what they preach,” you say. Yet they do practise much that they preach, much that their virtuous minds conceive. For indeed if their actions always matched their words, who would be more happy than they? Meanwhile you have no reason to despise noble words and hearts that are filled with noble thoughts. The pursuit of salutary stud- ies is praiseworthy, even if they have no practical result. What wonder that those who [attempt] the steep path do not mount to the summit? But if you are a man, look up to those who are attempting great things, even though they fall. The man that measures his effort, not by his own strength but by the strength of his nature, that aims at high things and conceives in his heart greater undertakings than could possibly be accomplished even by those endowed with gigantic courage, shows the mark of nobility. . . . The wise man does not deem himself undeserving of any of the gifts of for- tune. He does not love riches, but he would rather have them; he does not admit them to his heart, but to his house; and he does not reject the riches he has, but he keeps them and wishes them to supply ampler material for exercising his virtue.

Who, however, can doubt that the wise man finds in riches, rather than in poverty, this ampler material for displaying his powers, since in poverty

On the Happy Life (selection): Reading 365Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

virtue there need be no fear of any excess, for in virtue itself resides moder- ation. That cannot be a good that suffers from its own magnitude. Besides, to creatures endowed with a rational nature what better guide can be of- fered than reason? Even if that combination4 pleases you, if you are pleased to proceed toward the happy life in such company, let virtue lead the way, let pleasure attend her—let it hover about the body like its shad- ow. To hand over virtue, the loftiest of mistresses, to be the handmaid of pleasure is the part of a man who has nothing great in his soul.

Let virtue go first; let her bear the standard. We shall nonetheless have pleasure, but we shall be the master and control her. At times we shall yield to her entreaty, never to her constraint. But those who surrender the lead- ership to pleasure, lack both. For they lose virtue and yet do not possess pleasure, but are possessed by it; and they are either tortured by the lack of it or strangled by its excess—wretched if it deserts them, more wretched if it overwhelms them. They are like sailors who have been caught in the wa- ters around the Syrtes5 and now are left on the dry shore and again are tossed by the seething waves. But this results from a complete lack of self- control and blind love for an object, for if one seeks evils instead of goods, success becomes dangerous. As the hunt for wild beasts is fraught with hardship and danger, and even those that are captured are an anxious pos- session (for many a time they rend their masters), so it is as regards great pleasures—for they turn out to be a great misfortune, and captured plea- sures become now the captors. And the more and the greater the pleasures are, the more inferior will that man be whom the crowd calls happy, and the more masters will he have to serve. . . .

“Nevertheless,” someone asks, “what is there to prevent the blending of virtue and pleasure into one, and constituting the highest good in such a way that the honourable and the agreeable may be the same thing?” The answer is that the honourable can have no part that is not honourable, nor will the highest good preserve its integrity if it sees in itself something that is different from its better part. Even the joy that springs from virtue, al- though it is a good, is not nevertheless a part of the absolute good, any more than are cheerfulness and tranquillity, although they spring from the noblest origins; for goods they are, yet they only attend on the highest good but do not consummate it. . . . Therefore let the highest good mount to a place from which no force can drag it down, where neither pain nor hope nor fear finds access, nor does any other thing that can lower the authority of the highest good. But virtue alone is able to mount to that height. We must follow her footsteps to find that ascent easy. Bravely will she stand, and she will endure whatever happens, not only patiently, but even gladly. She will know that every hardship that time brings comes by a law of nature, and like a good soldier she will submit to wounds, she will count her scars, and, pierced by darts, as she dies she will love him for whose sake she falls—her commander. She will keep in mind that old in- junction, “Follow God!” But whoever complains and weeps and moans, is compelled by force to obey commands and, even though he is unwilling, is

364 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

On the Happy Life (selection): Reading 483Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

rushed nonetheless to the bidden tasks. But what madness to prefer to be dragged rather than to follow! As much so, in all faith, as it is great folly and ignorance of one’s lot to grieve because of some lack or some rather bitter happening, and in like manner to be surprised or indignant at those ills that befall the good no less than the bad—I mean sickness and death and infirmities and all the other unexpected ills that invade human life. All that the very constitution of the universe obliges us to suffer, must be borne with high courage. This is the sacred obligation by which we are bound—to submit to the human lot and not to be disquieted by those things which we have no power to avoid. We have been born under a monarchy; to obey God is freedom.

Therefore true happiness is founded upon virtue. And what is the counsel this virtue will give to you? That you should not consider anything either a good or an evil that will not be the result of either virtue or vice; then, that you should stand unmoved both in the face of evil and by the en- joyment of good, to the end that—as far as is allowed—you may body forth God. And what does virtue promise you for this enterprise? Mighty privi- leges and equal to the divine. You shall be bound by no constraint, nothing shall you lack, you shall be free, safe, unhurt. Nothing shall you [attempt] in vain, from nothing be debarred. All things shall happen according to your desire; nothing adverse shall befall you, nothing contrary to your ex- pectations and wish. “What? Does virtue alone suffice for living happily?” Perfect and divine as it is, why should it not suffice—nay, suffice to overflowing? For if a man has been placed beyond the reach of any desire, what can he possibly lack? If a man has gathered into himself all that is his, what need does he have of any outside thing? . . .

“Philosophers do not practise what they preach,” you say. Yet they do practise much that they preach, much that their virtuous minds conceive. For indeed if their actions always matched their words, who would be more happy than they? Meanwhile you have no reason to despise noble words and hearts that are filled with noble thoughts. The pursuit of salutary stud- ies is praiseworthy, even if they have no practical result. What wonder that those who [attempt] the steep path do not mount to the summit? But if you are a man, look up to those who are attempting great things, even though they fall. The man that measures his effort, not by his own strength but by the strength of his nature, that aims at high things and conceives in his heart greater undertakings than could possibly be accomplished even by those endowed with gigantic courage, shows the mark of nobility. . . . The wise man does not deem himself undeserving of any of the gifts of for- tune. He does not love riches, but he would rather have them; he does not admit them to his heart, but to his house; and he does not reject the riches he has, but he keeps them and wishes them to supply ampler material for exercising his virtue.

Who, however, can doubt that the wise man finds in riches, rather than in poverty, this ampler material for displaying his powers, since in poverty

On the Happy Life (selection): Reading 365Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

virtue there need be no fear of any excess, for in virtue itself resides moder- ation. That cannot be a good that suffers from its own magnitude. Besides, to creatures endowed with a rational nature what better guide can be of- fered than reason? Even if that combination4 pleases you, if you are pleased to proceed toward the happy life in such company, let virtue lead the way, let pleasure attend her—let it hover about the body like its shad- ow. To hand over virtue, the loftiest of mistresses, to be the handmaid of pleasure is the part of a man who has nothing great in his soul.

Let virtue go first; let her bear the standard. We shall nonetheless have pleasure, but we shall be the master and control her. At times we shall yield to her entreaty, never to her constraint. But those who surrender the lead- ership to pleasure, lack both. For they lose virtue and yet do not possess pleasure, but are possessed by it; and they are either tortured by the lack of it or strangled by its excess—wretched if it deserts them, more wretched if it overwhelms them. They are like sailors who have been caught in the wa- ters around the Syrtes5 and now are left on the dry shore and again are tossed by the seething waves. But this results from a complete lack of self- control and blind love for an object, for if one seeks evils instead of goods, success becomes dangerous. As the hunt for wild beasts is fraught with hardship and danger, and even those that are captured are an anxious pos- session (for many a time they rend their masters), so it is as regards great pleasures—for they turn out to be a great misfortune, and captured plea- sures become now the captors. And the more and the greater the pleasures are, the more inferior will that man be whom the crowd calls happy, and the more masters will he have to serve. . . .

“Nevertheless,” someone asks, “what is there to prevent the blending of virtue and pleasure into one, and constituting the highest good in such a way that the honourable and the agreeable may be the same thing?” The answer is that the honourable can have no part that is not honourable, nor will the highest good preserve its integrity if it sees in itself something that is different from its better part. Even the joy that springs from virtue, al- though it is a good, is not nevertheless a part of the absolute good, any more than are cheerfulness and tranquillity, although they spring from the noblest origins; for goods they are, yet they only attend on the highest good but do not consummate it. . . . Therefore let the highest good mount to a place from which no force can drag it down, where neither pain nor hope nor fear finds access, nor does any other thing that can lower the authority of the highest good. But virtue alone is able to mount to that height. We must follow her footsteps to find that ascent easy. Bravely will she stand, and she will endure whatever happens, not only patiently, but even gladly. She will know that every hardship that time brings comes by a law of nature, and like a good soldier she will submit to wounds, she will count her scars, and, pierced by darts, as she dies she will love him for whose sake she falls—her commander. She will keep in mind that old in- junction, “Follow God!” But whoever complains and weeps and moans, is compelled by force to obey commands and, even though he is unwilling, is

364 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics484 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

On the Happy Life Lucius Annaeus Seneca

Reading Questions

According to Seneca:

1. If we are to live our life in harmony with nature, what qualities must our mind have?

2. What is the only true good? the only true evil?

3. How is pleasure related to virtue?

4. Why is it a blunder to ask why we should seek virtue?

5. Why does the wise person prefer having riches to not having them? When we have riches, what attitude should we take toward them?

Discussion Questions

In your own view:

1. Is virtue its own reward?

2. Is virtue sufficient for a happy life?

3. What is the proper role of pleasure in a happy life?

4. Is it possible to be always content with our present lot?

5. Is only a virtuous person free?

On the Happy Life (selection): Reading 367Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

there is room for only one kind of virtue ([namely,] not to be bowed down and crushed by it), while in riches moderation and liberality and diligence and orderliness and grandeur all have a wide field? The wise man will not despise himself even if he has the stature of a dwarf, but nevertheless he will wish to be tall. And if he is feeble in body or deprived of one eye, he will still be strong,6 but nevertheless he will prefer to have strength of body—and this though he knows that there is something else in him that is stronger than body. If his health is bad he will endure it, but he will wish for good health. For certain things, even if they are trifles in comparison with the whole and can be withdrawn without destroying the essential good, nevertheless contribute something to the perpetual joy that springs from virtue. As a favourable wind, sweeping him on, gladdens the sailor, as a bright day and a sunny spot in the midst of winter and cold give cheer— just so riches have their influence upon the wise man and bring him joy. And besides, who among wise men (I mean those of our school, who count virtue the sole good) denies that even those things which we call “indiffer- ent”7 do have some inherent value, and that some are more desirable than others? To some of them we accord little honour, to others much. Do not, therefore, make a mistake—riches are among the more desirable things. “Why then,” you say, “do you make game of me, since they occupy the same place in your eyes that they do in mine?” Do you want to know what a dif- ferent place they occupy? In my case, if riches slip away, they will take from me nothing but themselves; while if they leave you, you will be dumbfound- ed, and you will feel that you have been robbed of your real self. In my eyes, riches have a certain place; in yours, they have the highest. In fine, I own my riches; yours own you.

NOTES

1. praetors: elected Roman magistrates with judicial duties [D.C.A., ed.] 2. plucks the ear: a Latin expression meaning “reminds someone of some-

thing” [D.C.A.] 3. foretaster: a slave who tasted food to test it for poison before serving it to

the master [D.C.A.] 4. that is, a life combining virtue and pleasure [J.W.B., trans.] 5. Styrtes: sandbanks off the northern coast of Africa, proverbially perilous

to the sailor [J.W.B.] 6. The author contrasts physical and mental well-being; the latter may exist

without the former, but it is desirable to have both. [J.W.B.] 7. In Stoic moral philosophy, something that makes no difference to a per-

son’s moral worth is called “indifferent”—a category that encompasses everything other than virtue and vice. But the Stoics also held that some “indifferent” things (e.g., riches) are preferable to others (e.g., poverty). [D.C.A.]

366 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

On the Happy Life (selection): Reading 485Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

On the Happy Life Lucius Annaeus Seneca

Reading Questions

According to Seneca:

1. If we are to live our life in harmony with nature, what qualities must our mind have?

2. What is the only true good? the only true evil?

3. How is pleasure related to virtue?

4. Why is it a blunder to ask why we should seek virtue?

5. Why does the wise person prefer having riches to not having them? When we have riches, what attitude should we take toward them?

Discussion Questions

In your own view:

1. Is virtue its own reward?

2. Is virtue sufficient for a happy life?

3. What is the proper role of pleasure in a happy life?

4. Is it possible to be always content with our present lot?

5. Is only a virtuous person free?

On the Happy Life (selection): Reading 367

“Six mistakes mankind keeps making century after century: Believing that personal gain is made by crushing others; Worrying about things that cannot be changed or corrected; Insisting that a thing is impossible because we cannot accomplish it; Refusing to set aside trivial preferences; Neglecting development and refinement of the mind; Attempting to compel others to believe and live as we do.” Marcus Tullius Cicero

Abel: Discourses Human Nature Lucius Annaeus Seneca, ‘‘On the Happy Life’’ (selection)

© The McGraw−Hill Companies, 2006

there is room for only one kind of virtue ([namely,] not to be bowed down and crushed by it), while in riches moderation and liberality and diligence and orderliness and grandeur all have a wide field? The wise man will not despise himself even if he has the stature of a dwarf, but nevertheless he will wish to be tall. And if he is feeble in body or deprived of one eye, he will still be strong,6 but nevertheless he will prefer to have strength of body—and this though he knows that there is something else in him that is stronger than body. If his health is bad he will endure it, but he will wish for good health. For certain things, even if they are trifles in comparison with the whole and can be withdrawn without destroying the essential good, nevertheless contribute something to the perpetual joy that springs from virtue. As a favourable wind, sweeping him on, gladdens the sailor, as a bright day and a sunny spot in the midst of winter and cold give cheer— just so riches have their influence upon the wise man and bring him joy. And besides, who among wise men (I mean those of our school, who count virtue the sole good) denies that even those things which we call “indiffer- ent”7 do have some inherent value, and that some are more desirable than others? To some of them we accord little honour, to others much. Do not, therefore, make a mistake—riches are among the more desirable things. “Why then,” you say, “do you make game of me, since they occupy the same place in your eyes that they do in mine?” Do you want to know what a dif- ferent place they occupy? In my case, if riches slip away, they will take from me nothing but themselves; while if they leave you, you will be dumbfound- ed, and you will feel that you have been robbed of your real self. In my eyes, riches have a certain place; in yours, they have the highest. In fine, I own my riches; yours own you.

NOTES

1. praetors: elected Roman magistrates with judicial duties [D.C.A., ed.] 2. plucks the ear: a Latin expression meaning “reminds someone of some-

thing” [D.C.A.] 3. foretaster: a slave who tasted food to test it for poison before serving it to

the master [D.C.A.] 4. that is, a life combining virtue and pleasure [J.W.B., trans.] 5. Styrtes: sandbanks off the northern coast of Africa, proverbially perilous

to the sailor [J.W.B.] 6. The author contrasts physical and mental well-being; the latter may exist

without the former, but it is desirable to have both. [J.W.B.] 7. In Stoic moral philosophy, something that makes no difference to a per-

son’s moral worth is called “indifferent”—a category that encompasses everything other than virtue and vice. But the Stoics also held that some “indifferent” things (e.g., riches) are preferable to others (e.g., poverty). [D.C.A.]

366 An Examined Life Critical Thinking and Ethics

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486 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Visible Man Ethics in a World without Secrets

P eter S inger

I n 1787, the philosopher Jeremy Bentham proposed the construction of a “Panopticon,” a circular building with cells along the outer walls and, at the center, a watch-

tower or “inspector’s lodge” from which all the cells could be seen but no one would know, at any given moment, due to a system of blinds and partitions, whether he was actually being observed. Bentham thought this design would be partic- ularly suited to prisons but suggested it could also be applied to factories, hospitals, mental asylums, and schools. Not only would prisoners, workers, the ill, the insane, and students be subject to observation, but also—if the person in charge of the facility visited the inspector’s area—the warders, super- visors, caregivers, and teachers. The gradual adoption of this “inspection principle,” would, Bentham predicted, create “a new scene of things,” transforming the world into a place with “morals reformed, health preserved, industry invigorated, instruction diffused, public burdens lightened.”

The modern Panopticon is not a physical building, and it doesn’t require the threat of an inspector’s presence to be effective. Technological breakthroughs have made it easy to collect, store, and disseminate data on individuals, corpora- tions, and even the government. With surveillance technology like closed-circuit television cameras and digital cameras now linked to the Internet, we have the means to implement Ben- tham’s inspection principle on a much vaster scale. What’s more, we have helped construct this new Panopticon, vol- untarily giving up troves of personal information. We blog, tweet, and post what we are doing, thinking, and feeling. We allow friends and contacts, and even strangers, to know where we are at any time. We sign away our privacy in exchange for the conveniences of modern living, giving corporations access to information about our financial circumstances and our spending habits, which will then be used to target us for ads or to analyze our consumer habits.

Then there is the information collected without our con- sent. Since 2001, the number of U.S. government organiza- tions involved in spying on our own citizens, both at home and abroad, has grown rapidly. Every day, the National Security Agency intercepts 1.7 billion emails, phone calls, instant mes- sages, bulletin-board postings, and other communications. This

system houses information on thousands of U.S. citizens, many of them not accused of any wrongdoing. Not long ago, when traffic police stopped a driver they had to radio the station and wait while someone checked records. Now, handheld devices instantly call up a person’s Social Security number and license status, records of outstanding warrants, and even mug shots. The FBI can also cross-check your fingerprints against its digi- tal archive of 96 million sets.

Yet the guarded have also struck back, in a sense, against their guardians, using organizations like WikiLeaks, which, according to its founder Julian Assange, has released more classified documents than the rest of the world’s media com- bined, to keep tabs on governments and corporations. When Assange gave the Guardian 250,000 confidential cables, he did so on a USB drive the size of your little finger. Efforts to close down the WikiLeaks website have proven futile, because the files are mirrored on hundreds of other sites. And in any case, WikiLeaks isn’t the only site revealing private information. An array of groups are able to release informa- tion anonymously. Governments, corporations, and other organizations interested in protecting privacy will strive to increase security, but they will also have to reckon with the likelihood that such measures are sometimes going to fail.

New technology has made greater openness possible, but has this openness made us better off? For those who think pri- vacy is an inalienable right, the modern surveillance culture is a means of controlling behavior and stifling dissent. But perhaps the inspection principle, universally applied, could also be the perfection of democracy, the device that allows us to know what our governments are really doing, that keeps tabs on corporate abuses, and that protects our individual freedoms just as it subjects our personal lives to public scru- tiny. In other words, will this technology be a form of tyranny or will it free us from tyranny? Will it upend democracy or strengthen it?

T he standards of what we want to keep private and what we want to make public are constantly evolving. Over the course of Western history, we’ve developed

Visible Man: Ethics in a World without Secrets by Peter Singer 369

© Dana Fradon//e New Yorker Collection/from www.cartoonbank.com

368 An Examined Life Critical Thinking and EthicsAn Examined Life: Critical Thinking and Ethics

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© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

487

184

Article 44

Visible Man Ethics in a World without Secrets

P eter S inger

I n 1787, the philosopher Jeremy Bentham proposed the construction of a “Panopticon,” a circular building with cells along the outer walls and, at the center, a watch-

tower or “inspector’s lodge” from which all the cells could be seen but no one would know, at any given moment, due to a system of blinds and partitions, whether he was actually being observed. Bentham thought this design would be partic- ularly suited to prisons but suggested it could also be applied to factories, hospitals, mental asylums, and schools. Not only would prisoners, workers, the ill, the insane, and students be subject to observation, but also—if the person in charge of the facility visited the inspector’s area—the warders, super- visors, caregivers, and teachers. The gradual adoption of this “inspection principle,” would, Bentham predicted, create “a new scene of things,” transforming the world into a place with “morals reformed, health preserved, industry invigorated, instruction diffused, public burdens lightened.”

The modern Panopticon is not a physical building, and it doesn’t require the threat of an inspector’s presence to be effective. Technological breakthroughs have made it easy to collect, store, and disseminate data on individuals, corpora- tions, and even the government. With surveillance technology like closed-circuit television cameras and digital cameras now linked to the Internet, we have the means to implement Ben- tham’s inspection principle on a much vaster scale. What’s more, we have helped construct this new Panopticon, vol- untarily giving up troves of personal information. We blog, tweet, and post what we are doing, thinking, and feeling. We allow friends and contacts, and even strangers, to know where we are at any time. We sign away our privacy in exchange for the conveniences of modern living, giving corporations access to information about our financial circumstances and our spending habits, which will then be used to target us for ads or to analyze our consumer habits.

Then there is the information collected without our con- sent. Since 2001, the number of U.S. government organiza- tions involved in spying on our own citizens, both at home and abroad, has grown rapidly. Every day, the National Security Agency intercepts 1.7 billion emails, phone calls, instant mes- sages, bulletin-board postings, and other communications. This

system houses information on thousands of U.S. citizens, many of them not accused of any wrongdoing. Not long ago, when traffic police stopped a driver they had to radio the station and wait while someone checked records. Now, handheld devices instantly call up a person’s Social Security number and license status, records of outstanding warrants, and even mug shots. The FBI can also cross-check your fingerprints against its digi- tal archive of 96 million sets.

Yet the guarded have also struck back, in a sense, against their guardians, using organizations like WikiLeaks, which, according to its founder Julian Assange, has released more classified documents than the rest of the world’s media com- bined, to keep tabs on governments and corporations. When Assange gave the Guardian 250,000 confidential cables, he did so on a USB drive the size of your little finger. Efforts to close down the WikiLeaks website have proven futile, because the files are mirrored on hundreds of other sites. And in any case, WikiLeaks isn’t the only site revealing private information. An array of groups are able to release informa- tion anonymously. Governments, corporations, and other organizations interested in protecting privacy will strive to increase security, but they will also have to reckon with the likelihood that such measures are sometimes going to fail.

New technology has made greater openness possible, but has this openness made us better off? For those who think pri- vacy is an inalienable right, the modern surveillance culture is a means of controlling behavior and stifling dissent. But perhaps the inspection principle, universally applied, could also be the perfection of democracy, the device that allows us to know what our governments are really doing, that keeps tabs on corporate abuses, and that protects our individual freedoms just as it subjects our personal lives to public scru- tiny. In other words, will this technology be a form of tyranny or will it free us from tyranny? Will it upend democracy or strengthen it?

T he standards of what we want to keep private and what we want to make public are constantly evolving. Over the course of Western history, we’ve developed

Visible Man: Ethics in a World without Secrets by Peter Singer 369

© Dana Fradon//e New Yorker Collection/from www.cartoonbank.com

368 An Examined Life Critical Thinking and Ethics Visible Man: Ethics in a World without Secrets by Peter Singer

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© The McGraw−Hill Companies, 2006

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went to prison, and King received $3.8 million in civil dam- ages. Since then, videos and photographs, many of them taken on mobile phones, have captured innumerable crimes and injustices. Inverse surveillance—what Steve Mann, pro- fessor of computer engineering and proponent of wearing imaging devices, terms “sousveillance”—has become an effective way of informing the world of abuses of power.

We have seen the usefulness of sousveillance again this year in the Middle East, where the disclosure of thousands of diplo- matic cables by WikiLeaks helped encourage the Tunisian and Egyptian revolutions, as well as the protest movements that spread to neighboring countries. Yet most government offi- cials vehemently condemned the disclosure of state secrets. Secretary of State Hillary Clinton claimed that WikiLeaks’ revelations “tear at the fabric of the proper function of respon- sible government.” In February of this year, at George Wash- ington University, she went further, saying that WikiLeaks had endangered human rights activists who had been in contact with U.S. diplomats, and rejecting the view that governments should conduct their work in full view of their citizens. As a counterexample, she pointed to U.S. efforts to secure nuclear material in the former Soviet states. Here, she claimed, confi- dentiality was necessary in order to avoid making it easier for terrorists or criminals to find the materials and steal them.

Clinton is right that it is not a good idea to make public the location of insecurely stored nuclear materials, but how much of diplomacy is like that? There may be some justifiable state secrets, but they certainly are few. For nearly all other deal- ings between nations, openness should be the norm. In any case, Clinton’s claim that WikiLeaks releases documents “without regard for the consequences” is, if not deliberately misleading, woefully ignorant. Assange and his colleagues have consistently stated that they are motivated by a belief that a more transparent government will bring better conse- quences for all, and that leaking information has an inherent tendency toward greater justice, a view Assange laid out on his blog in December 2006, the month in which WikiLeaks published its first document:

The more secretive or unjust an organization is, the more leaks induce fear and paranoia in its leadership and planning coterie . . . Since unjust systems, by their nature induce opponents, and in many places barely have the upper hand, leaking leaves them exquisitely vulnerable to those who seek to replace them with more open forms of governance. 3

Assange could now claim that WikiLeaks’ disclosures have confirmed his theory. For instance, in 2007, months before a national election, WikiLeaks posted a report on corruption commissioned but not released by the Kenyan government. According to Assange, a Kenyan intelligence official found that the leaked report changed the minds of 10 percent of Kenyan voters, enough to shift the outcome of the election.

Two years later, in the aftermath of the global finan- cial crisis, WikiLeaks released documents on dealings by

Iceland’s Kaupthing Bank, showing that the institution made multibillion-dollar loans, in some cases unsecured, to its major shareholders shortly before it collapsed. Kaupthing’s successor, then known as New Kaupthing, obtained an injunc- tion to prevent Iceland’s national television network from reporting on the leaked documents but failed to prevent their dissemination. WikiLeaks’ revelations stirred an uproar in the Icelandic parliament, which then voted unanimously to strengthen free speech and establish an international prize for freedom of expression. Senior officials of the bank are now facing criminal charges.

And of course, in April 2010, WikiLeaks released thirty- eight minutes of classified cockpit-video footage of two U.S. Army helicopters over a Baghdad suburb. The video showed the helicopter crews engaging in an attack on civilians that killed eighteen people, including two Reuters journalists, and wounded two children. Ever since the attack took place, in 2007, Reuters had unsuccessfully sought a U.S. military inquiry into the deaths of its two employees, as well as access to the cockpit video under the Freedom of Information Act. The United States had claimed that the two journalists were killed during a firefight. Although no action has been taken against the soldiers involved, if the military is ever going to exercise greater restraint when civilian lives are at risk, it will have been compelled to do so through the release of material like this.

Months before the Arab Spring began, Assange was asked whether he would release the trove of secret diplomatic cables that he was rumored to have obtained. Assange said he would, and gave this reason: “These sort of things reveal what the true state of, say, Arab governments are like, the true human rights abuses in those governments.” As one young Tunisian wrote to the Guardian, his countrymen had known for many years that their leaders were corrupt, but that was not the same as reading the full details of particular incidents, rounded off with statements by American diplomats that corruption was keeping domestic investment low and unemployment high. The success of Tunisia’s revolution undoubtedly influ- enced the rest of the Arab world, putting U.S. diplomats in an uncomfortable predicament. A mere three months after con- demning WikiLeaks for releasing stolen documents “without regard to the consequences,” Secretary Clinton found herself speaking warmly about one of those outcomes: the movement for reform in the Middle East.

W ikiLeaks’ revelations have had profound ramifi- cations, but as with any event of this scale, it is not easy to judge whether those consequences

are, on the whole, desirable. Assange himself admitted to the Guardian that as a result of the leaked corruption report in Kenya, and the violence that swept the country during its elections, 1,300 people were killed and 350,000 displaced; but, he added, 40,000 Kenyan children die every year from malaria, and these and many more are dying because of the role corruption plays in keeping Kenyans poor. 4 The Kenyan

Visible Man: Ethics in a World without Secrets by Peter Singer 371

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Article 44. Visible Man

a desire for more privacy, quite possibly as a status symbol, since an impoverished peasant could not afford a house with separate rooms. Today’s affluent Americans display their status not only by having a bedroom for each member of the family, plus one for guests, but also by having a bathroom for every bedroom, plus one for visitors so that they do not have to see the family’s personal effects. It wasn’t always this way. A seventeenth-century Japanese shunga depicts a man making love with his wife while their daughter kneels on the floor nearby, practicing calligraphy. The people of Tikopia, a Pacific island inhabited by Polynesians, “find it good to sleep side by side crowding each other, next to their children or their parents or their brothers and sisters, mix- ing sexes and generations,” according to the anthropologist Dorothy Lee. “[A]nd if a widow finds herself alone in her one-room house, she may adopt a child or a brother to allay her intolerable privacy.” The Gebusi people in New Guinea live in communal longhouses and are said to “shun privacy,” even showing reluctance to look at photos in which they are on their own.

With some social standards, the more people do something, the less risky it becomes for each individual. The first women to wear dresses that did not reach their knees were no doubt looked upon with disapproval, and may have risked unwanted sexual attention; but once many women were revealing more of their legs, the risks dissipated. So too with privacy: when millions of people are prepared to post personal information, doing so becomes less risky for everyone. And those collec- tive, large-scale forfeitures of personal privacy have other benefits as well, as tens of thousands of Egyptians showed when they openly became fans of the Facebook page “We are all Khaled Said,” named after a young man who was beaten to death by police in Alexandria. The page became the online hub for the protests that forced the ouster of President Hosni Mubarak.

Whether Facebook and similar sites are reflecting a change in social norms about privacy or are actually driving that change, that half a billion are now on Facebook suggests that people believe the benefits of connecting with others, sharing information, networking, self-promoting, flirting, and bragging outweigh breaches of privacy that accompany such behavior.

More difficult questions arise when the loss of privacy is not in any sense a choice. Bentham’s Panopticon has become a symbol of totalitarian intrusion. Michel Foucault described it as “the perfection of power.” We all know that the police can obtain phone records when seeking evidence of involvement in a crime, but most of us would be surprised by the frequency of such requests. Verizon alone receives 90,000 demands for information from law-enforcement agencies annually. Abuses have undoubtedly accompanied the recent increase in govern- ment surveillance. One glaring example is the case of Bran- don Mayfield, an Oregon attorney and convert to Islam who was jailed on suspicion of involvement in the 2004 Madrid train bombings. After his arrest, Mayfield sued the govern- ment and persuaded a federal judge to declare the provi- sion of the Patriot Act that the FBI used in investigating him

unconstitutional. But as with most excesses of state power, the cause is not so much the investigative authority of the state as the state’s erroneous interpretation of the information it uncovers and the unwarranted detentions that come about as a result. If those same powers were used to foil another 9/11, most Americans would likely applaud.

There is always a danger that the information collected will be misused—whether by regimes seeking to silence opposi- tion or by corporations seeking to profit from more detailed knowledge of their potential customers. The scale and tech- nological sophistication of this data-gathering enterprise allow the government to intercept and store far more infor- mation than was possible for secret police of even the most totalitarian states of an earlier era, and the large number of people who have access to sensitive information increases the potential for misuse. 1 As with any large-scale human activ- ity, if enough people are involved eventually someone will do something corrupt or malicious. That’s a drawback to having more data gathered, but one that may well be outweighed by the benefits. We don’t really know how many terrorist plots have been foiled because of all this data-gathering. 2 We have even less idea how many innocent Americans were initially suspected of terrorism but not arrested because the enhanced data-gathering permitted under the Patriot Act convinced law-enforcement agents of their innocence.

The degree to which a government is repressive does not turn on the methods by which it acquires information about its citizens, or the amount of data it retains. When regimes want to harass their opponents or suppress opposition, they find ways to do it, with or without electronic data. Under President Nixon, the administration used tax audits to harass those on his “enemies list.” That was mild compared with how “enemies” were handled during the dirty wars in Argentina, Guatemala, and Chile, and by the Stasi in East Germany. These repres- sive governments “disappeared” tens of thousands of dissi- dents, and they targeted their political enemies with what now seem impossibly cumbersome methods of collecting, storing, and sorting data. If such forms of abuse are rare in the United States, it is not because we have prevented the state from gath- ering electronic data about us. The crucial step in preventing a repressive government from misusing information is to have alert and well-informed citizens with a strong sense of right and wrong who work to keep the government democratic, open, just, and under the rule of law. The technological innova- tions used by governments and corporations to monitor citi- zens must be harnessed to monitor those very governments and corporations.

O ne of the first victories for citizen surveillance came in 1991, when George Holliday videotaped Los Angeles police officers beating Rodney King.

Without that video, yet another LAPD assault on a black man would have passed unnoticed. Instead, racism and violence in police departments became a national issue, two officers

370 An Examined Life Critical Thinking and Ethics

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© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

489

ANNUAL EDITIONS

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went to prison, and King received $3.8 million in civil dam- ages. Since then, videos and photographs, many of them taken on mobile phones, have captured innumerable crimes and injustices. Inverse surveillance—what Steve Mann, pro- fessor of computer engineering and proponent of wearing imaging devices, terms “sousveillance”—has become an effective way of informing the world of abuses of power.

We have seen the usefulness of sousveillance again this year in the Middle East, where the disclosure of thousands of diplo- matic cables by WikiLeaks helped encourage the Tunisian and Egyptian revolutions, as well as the protest movements that spread to neighboring countries. Yet most government offi- cials vehemently condemned the disclosure of state secrets. Secretary of State Hillary Clinton claimed that WikiLeaks’ revelations “tear at the fabric of the proper function of respon- sible government.” In February of this year, at George Wash- ington University, she went further, saying that WikiLeaks had endangered human rights activists who had been in contact with U.S. diplomats, and rejecting the view that governments should conduct their work in full view of their citizens. As a counterexample, she pointed to U.S. efforts to secure nuclear material in the former Soviet states. Here, she claimed, confi- dentiality was necessary in order to avoid making it easier for terrorists or criminals to find the materials and steal them.

Clinton is right that it is not a good idea to make public the location of insecurely stored nuclear materials, but how much of diplomacy is like that? There may be some justifiable state secrets, but they certainly are few. For nearly all other deal- ings between nations, openness should be the norm. In any case, Clinton’s claim that WikiLeaks releases documents “without regard for the consequences” is, if not deliberately misleading, woefully ignorant. Assange and his colleagues have consistently stated that they are motivated by a belief that a more transparent government will bring better conse- quences for all, and that leaking information has an inherent tendency toward greater justice, a view Assange laid out on his blog in December 2006, the month in which WikiLeaks published its first document:

The more secretive or unjust an organization is, the more leaks induce fear and paranoia in its leadership and planning coterie . . . Since unjust systems, by their nature induce opponents, and in many places barely have the upper hand, leaking leaves them exquisitely vulnerable to those who seek to replace them with more open forms of governance. 3

Assange could now claim that WikiLeaks’ disclosures have confirmed his theory. For instance, in 2007, months before a national election, WikiLeaks posted a report on corruption commissioned but not released by the Kenyan government. According to Assange, a Kenyan intelligence official found that the leaked report changed the minds of 10 percent of Kenyan voters, enough to shift the outcome of the election.

Two years later, in the aftermath of the global finan- cial crisis, WikiLeaks released documents on dealings by

Iceland’s Kaupthing Bank, showing that the institution made multibillion-dollar loans, in some cases unsecured, to its major shareholders shortly before it collapsed. Kaupthing’s successor, then known as New Kaupthing, obtained an injunc- tion to prevent Iceland’s national television network from reporting on the leaked documents but failed to prevent their dissemination. WikiLeaks’ revelations stirred an uproar in the Icelandic parliament, which then voted unanimously to strengthen free speech and establish an international prize for freedom of expression. Senior officials of the bank are now facing criminal charges.

And of course, in April 2010, WikiLeaks released thirty- eight minutes of classified cockpit-video footage of two U.S. Army helicopters over a Baghdad suburb. The video showed the helicopter crews engaging in an attack on civilians that killed eighteen people, including two Reuters journalists, and wounded two children. Ever since the attack took place, in 2007, Reuters had unsuccessfully sought a U.S. military inquiry into the deaths of its two employees, as well as access to the cockpit video under the Freedom of Information Act. The United States had claimed that the two journalists were killed during a firefight. Although no action has been taken against the soldiers involved, if the military is ever going to exercise greater restraint when civilian lives are at risk, it will have been compelled to do so through the release of material like this.

Months before the Arab Spring began, Assange was asked whether he would release the trove of secret diplomatic cables that he was rumored to have obtained. Assange said he would, and gave this reason: “These sort of things reveal what the true state of, say, Arab governments are like, the true human rights abuses in those governments.” As one young Tunisian wrote to the Guardian, his countrymen had known for many years that their leaders were corrupt, but that was not the same as reading the full details of particular incidents, rounded off with statements by American diplomats that corruption was keeping domestic investment low and unemployment high. The success of Tunisia’s revolution undoubtedly influ- enced the rest of the Arab world, putting U.S. diplomats in an uncomfortable predicament. A mere three months after con- demning WikiLeaks for releasing stolen documents “without regard to the consequences,” Secretary Clinton found herself speaking warmly about one of those outcomes: the movement for reform in the Middle East.

W ikiLeaks’ revelations have had profound ramifi- cations, but as with any event of this scale, it is not easy to judge whether those consequences

are, on the whole, desirable. Assange himself admitted to the Guardian that as a result of the leaked corruption report in Kenya, and the violence that swept the country during its elections, 1,300 people were killed and 350,000 displaced; but, he added, 40,000 Kenyan children die every year from malaria, and these and many more are dying because of the role corruption plays in keeping Kenyans poor. 4 The Kenyan

Visible Man: Ethics in a World without Secrets by Peter Singer 371

185

Article 44. Visible Man

a desire for more privacy, quite possibly as a status symbol, since an impoverished peasant could not afford a house with separate rooms. Today’s affluent Americans display their status not only by having a bedroom for each member of the family, plus one for guests, but also by having a bathroom for every bedroom, plus one for visitors so that they do not have to see the family’s personal effects. It wasn’t always this way. A seventeenth-century Japanese shunga depicts a man making love with his wife while their daughter kneels on the floor nearby, practicing calligraphy. The people of Tikopia, a Pacific island inhabited by Polynesians, “find it good to sleep side by side crowding each other, next to their children or their parents or their brothers and sisters, mix- ing sexes and generations,” according to the anthropologist Dorothy Lee. “[A]nd if a widow finds herself alone in her one-room house, she may adopt a child or a brother to allay her intolerable privacy.” The Gebusi people in New Guinea live in communal longhouses and are said to “shun privacy,” even showing reluctance to look at photos in which they are on their own.

With some social standards, the more people do something, the less risky it becomes for each individual. The first women to wear dresses that did not reach their knees were no doubt looked upon with disapproval, and may have risked unwanted sexual attention; but once many women were revealing more of their legs, the risks dissipated. So too with privacy: when millions of people are prepared to post personal information, doing so becomes less risky for everyone. And those collec- tive, large-scale forfeitures of personal privacy have other benefits as well, as tens of thousands of Egyptians showed when they openly became fans of the Facebook page “We are all Khaled Said,” named after a young man who was beaten to death by police in Alexandria. The page became the online hub for the protests that forced the ouster of President Hosni Mubarak.

Whether Facebook and similar sites are reflecting a change in social norms about privacy or are actually driving that change, that half a billion are now on Facebook suggests that people believe the benefits of connecting with others, sharing information, networking, self-promoting, flirting, and bragging outweigh breaches of privacy that accompany such behavior.

More difficult questions arise when the loss of privacy is not in any sense a choice. Bentham’s Panopticon has become a symbol of totalitarian intrusion. Michel Foucault described it as “the perfection of power.” We all know that the police can obtain phone records when seeking evidence of involvement in a crime, but most of us would be surprised by the frequency of such requests. Verizon alone receives 90,000 demands for information from law-enforcement agencies annually. Abuses have undoubtedly accompanied the recent increase in govern- ment surveillance. One glaring example is the case of Bran- don Mayfield, an Oregon attorney and convert to Islam who was jailed on suspicion of involvement in the 2004 Madrid train bombings. After his arrest, Mayfield sued the govern- ment and persuaded a federal judge to declare the provi- sion of the Patriot Act that the FBI used in investigating him

unconstitutional. But as with most excesses of state power, the cause is not so much the investigative authority of the state as the state’s erroneous interpretation of the information it uncovers and the unwarranted detentions that come about as a result. If those same powers were used to foil another 9/11, most Americans would likely applaud.

There is always a danger that the information collected will be misused—whether by regimes seeking to silence opposi- tion or by corporations seeking to profit from more detailed knowledge of their potential customers. The scale and tech- nological sophistication of this data-gathering enterprise allow the government to intercept and store far more infor- mation than was possible for secret police of even the most totalitarian states of an earlier era, and the large number of people who have access to sensitive information increases the potential for misuse. 1 As with any large-scale human activ- ity, if enough people are involved eventually someone will do something corrupt or malicious. That’s a drawback to having more data gathered, but one that may well be outweighed by the benefits. We don’t really know how many terrorist plots have been foiled because of all this data-gathering. 2 We have even less idea how many innocent Americans were initially suspected of terrorism but not arrested because the enhanced data-gathering permitted under the Patriot Act convinced law-enforcement agents of their innocence.

The degree to which a government is repressive does not turn on the methods by which it acquires information about its citizens, or the amount of data it retains. When regimes want to harass their opponents or suppress opposition, they find ways to do it, with or without electronic data. Under President Nixon, the administration used tax audits to harass those on his “enemies list.” That was mild compared with how “enemies” were handled during the dirty wars in Argentina, Guatemala, and Chile, and by the Stasi in East Germany. These repres- sive governments “disappeared” tens of thousands of dissi- dents, and they targeted their political enemies with what now seem impossibly cumbersome methods of collecting, storing, and sorting data. If such forms of abuse are rare in the United States, it is not because we have prevented the state from gath- ering electronic data about us. The crucial step in preventing a repressive government from misusing information is to have alert and well-informed citizens with a strong sense of right and wrong who work to keep the government democratic, open, just, and under the rule of law. The technological innova- tions used by governments and corporations to monitor citi- zens must be harnessed to monitor those very governments and corporations.

O ne of the first victories for citizen surveillance came in 1991, when George Holliday videotaped Los Angeles police officers beating Rodney King.

Without that video, yet another LAPD assault on a black man would have passed unnoticed. Instead, racism and violence in police departments became a national issue, two officers

370 An Examined Life Critical Thinking and Ethics Visible Man: Ethics in a World without Secrets by Peter Singer

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© The McGraw−Hill Companies, 2006

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© The McGraw−Hill Companies, 2006

ANNUAL EDITIONS

188

comments: “There are few original ideas in politics. In the creation of WikiLeaks, Julian Assange was responsible for one.”

4. The United Nations claimed that as many as 600,000 Kenyans were displaced after the election.

Critical Thinking 1. What is the author’s point of view?

2. What reasons does he offer to support his point of view?

3. What are some specific examples he offers to illustrate his reasons?

4. What are the counter arguments to his point of view?

P eter S inger is a professor of bioethics at Princeton University and Laureate Professor at the University of Melbourne. His books include Animal Liberation, Practical Ethics, and The Life You Can Save.

From Harper’s Magazine, August 2011, pp. 31–36. Copyright © 2011 by Harper’s Magazine. Reprinted by permission.

Visible Man: Ethics in a World without Secrets by Peter Singer 373

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people, Assange believes, had a right to the information in the leaked report because “decision-making that is based upon lies or ignorance can’t lead to a good conclusion.”

In making that claim, Assange aligned himself with a widely held view in democratic theory, and a standard argu- ment for freedom of speech: elections can express the will of the people only if the people are reasonably well informed about the issues on which they base their votes. That does not mean that decision-making based on the truth always leads to better outcomes than decision-making based on ignorance. There is no reason for Assange to be committed to that claim, any more than a supporter of democracy must be commit- ted to the claim that democratic forms of government always reach better decisions than authoritarian regimes. Nor does a belief in the benefits of transparency imply that people must know the truth about everything; but it does suggest that more information is generally better, and so provides grounds for a presumption against withholding the truth.

What of Clinton’s claims that the leaks have endangered human rights activists who gave information to American dip- lomats? When WikiLeaks released 70,000 documents about the war in Afghanistan, in July 2010, Admiral Mike Mul- len, chairman of the Joint Chiefs of Staff, said that Assange had blood on his hands, yet no casualties resulting from the leaks have been reported—unless you count the ambassadors forced to step down due to embarrassing revelations. Four months after the documents were released, a senior NATO official told CNN that there had not been a single case of an Afghan needing protection because of the leaks. Of course, that may have been “just pure luck,” as Daniel Domscheit- Berg, a WikiLeaks defector, told the New York Times in Feb- ruary. Assange himself has admitted that he cannot guarantee that the leaks will not cost lives, but in his view the likelihood that they will save lives justifies the risk.

WikiLeaks has never released the kind of information that Clinton pointed to in defending the need for secrecy. Still, there are other groups out there, such as the Russian anti- corruption site Rospil.info, the European Union site Brus- selsLeaks, the Czech PirateLeaks, Anonymous, and so on, that release leaked materials with less scrupulousness. It is entirely possible that there will be leaks that everyone will regret. Yet given that the leaked materials on the wars in Afghanistan and Iraq show tens of thousands of civilian lives lost due to the needless, reckless, and even callous actions of members of the U.S. military, it is impossible to listen to U.S. leaders blame WikiLeaks for endangering innocent lives without hearing the tinkle of shattering glass houses.

I n the Panopticon, of course, transparency would not be limited to governments. Animal rights advocates have long said that if slaughterhouses had glass walls, more

people would become vegetarian, and seeing the factory farms in which most of the meat, eggs, and milk we con- sume are produced would be more shocking even than the

slaughterhouses. And why should restaurant customers have to rely on occasional visits by health inspectors? Webcams in food-preparation areas could provide additional opportu- nities for checking on the sanitary conditions of the food we are about to eat.

Bentham may have been right when he suggested that if we all knew that we were, at any time, liable to be observed, our morals would be reformed. Melissa Bateson and her col- leagues at England’s Newcastle University tested this theory when they put a poster with a pair of eyes above a canteen honesty box. People taking a hot drink put almost three times as much money in the box with the eyes present as they did when the eyes were replaced by a poster of flowers. The mere suggestion that someone was watching encouraged greater honesty. (Assuming that the eyes did not lead people to overpay, the study also implies a disturbing level of routine dishonesty.)

We might also become more altruistic. Dale Miller, a pro- fessor of organizational behavior at Stanford University, has pointed out that Americans assume a “norm of self-interest” that makes acting altruistically seem odd or even irrational. Yet Americans perform altruistic acts all the time, and bring- ing those acts to light might break down the norm that curtails our generosity. Consistent with that hypothesis, researchers at the University of Pennsylvania found that people are likely to give more to listener-sponsored radio stations when they are told that other callers are giving above-average dona- tions. Similarly, when utility companies send customers a comparison of their energy use with the average in their neighborhood, customers with above-average use reduce their consumption.

The world before WikiLeaks and Facebook may have seemed a more secure place, but to say whether it was a better world is much more difficult. Will fewer children ultimately die from poverty in Kenya because WikiLeaks released the report on corruption? Will life in the Middle East improve as a result of the revolutions to which WikiLeaks and social media contributed? As the Chinese communist leader Zhou Enlai responded when asked his opinion of the French Revo- lution of 1789, it is too soon to say. The way we answer the question will depend on whether we share Assange’s belief that decision-making leads to better outcomes when based on the truth than when based on lies and ignorance.

Notes 1. Including those involved in international operations relating

to homeland security and intelligence, 854,000 people currently hold top-secret security clearances, according to the Washington Post.

2. In 2003, FBI director Robert Mueller claimed that the number of thwarted plots was more than one hundred.

3. Robert Manne, a professor of politics at Australia’s La Trobe University and the author of a detailed examination of Assange’s writings that appeared recently in The Monthly,

372 An Examined Life Critical Thinking and Ethics

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ANNUAL EDITIONS

188

comments: “There are few original ideas in politics. In the creation of WikiLeaks, Julian Assange was responsible for one.”

4. The United Nations claimed that as many as 600,000 Kenyans were displaced after the election.

Critical Thinking 1. What is the author’s point of view?

2. What reasons does he offer to support his point of view?

3. What are some specific examples he offers to illustrate his reasons?

4. What are the counter arguments to his point of view?

P eter S inger is a professor of bioethics at Princeton University and Laureate Professor at the University of Melbourne. His books include Animal Liberation, Practical Ethics, and The Life You Can Save.

From Harper’s Magazine, August 2011, pp. 31–36. Copyright © 2011 by Harper’s Magazine. Reprinted by permission.

Visible Man: Ethics in a World without Secrets by Peter Singer 373

Let America be America again. Let it be the dream it used to be. Let it be the pioneer on the plain Seeking a home where he himself is free.

(America never was America to me.)

O, yes, I say it plain, America never was America to me, And yet I swear this oath— America will be!

Langston Hughes

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Article 44. Visible Man

people, Assange believes, had a right to the information in the leaked report because “decision-making that is based upon lies or ignorance can’t lead to a good conclusion.”

In making that claim, Assange aligned himself with a widely held view in democratic theory, and a standard argu- ment for freedom of speech: elections can express the will of the people only if the people are reasonably well informed about the issues on which they base their votes. That does not mean that decision-making based on the truth always leads to better outcomes than decision-making based on ignorance. There is no reason for Assange to be committed to that claim, any more than a supporter of democracy must be commit- ted to the claim that democratic forms of government always reach better decisions than authoritarian regimes. Nor does a belief in the benefits of transparency imply that people must know the truth about everything; but it does suggest that more information is generally better, and so provides grounds for a presumption against withholding the truth.

What of Clinton’s claims that the leaks have endangered human rights activists who gave information to American dip- lomats? When WikiLeaks released 70,000 documents about the war in Afghanistan, in July 2010, Admiral Mike Mul- len, chairman of the Joint Chiefs of Staff, said that Assange had blood on his hands, yet no casualties resulting from the leaks have been reported—unless you count the ambassadors forced to step down due to embarrassing revelations. Four months after the documents were released, a senior NATO official told CNN that there had not been a single case of an Afghan needing protection because of the leaks. Of course, that may have been “just pure luck,” as Daniel Domscheit- Berg, a WikiLeaks defector, told the New York Times in Feb- ruary. Assange himself has admitted that he cannot guarantee that the leaks will not cost lives, but in his view the likelihood that they will save lives justifies the risk.

WikiLeaks has never released the kind of information that Clinton pointed to in defending the need for secrecy. Still, there are other groups out there, such as the Russian anti- corruption site Rospil.info, the European Union site Brus- selsLeaks, the Czech PirateLeaks, Anonymous, and so on, that release leaked materials with less scrupulousness. It is entirely possible that there will be leaks that everyone will regret. Yet given that the leaked materials on the wars in Afghanistan and Iraq show tens of thousands of civilian lives lost due to the needless, reckless, and even callous actions of members of the U.S. military, it is impossible to listen to U.S. leaders blame WikiLeaks for endangering innocent lives without hearing the tinkle of shattering glass houses.

I n the Panopticon, of course, transparency would not be limited to governments. Animal rights advocates have long said that if slaughterhouses had glass walls, more

people would become vegetarian, and seeing the factory farms in which most of the meat, eggs, and milk we con- sume are produced would be more shocking even than the

slaughterhouses. And why should restaurant customers have to rely on occasional visits by health inspectors? Webcams in food-preparation areas could provide additional opportu- nities for checking on the sanitary conditions of the food we are about to eat.

Bentham may have been right when he suggested that if we all knew that we were, at any time, liable to be observed, our morals would be reformed. Melissa Bateson and her col- leagues at England’s Newcastle University tested this theory when they put a poster with a pair of eyes above a canteen honesty box. People taking a hot drink put almost three times as much money in the box with the eyes present as they did when the eyes were replaced by a poster of flowers. The mere suggestion that someone was watching encouraged greater honesty. (Assuming that the eyes did not lead people to overpay, the study also implies a disturbing level of routine dishonesty.)

We might also become more altruistic. Dale Miller, a pro- fessor of organizational behavior at Stanford University, has pointed out that Americans assume a “norm of self-interest” that makes acting altruistically seem odd or even irrational. Yet Americans perform altruistic acts all the time, and bring- ing those acts to light might break down the norm that curtails our generosity. Consistent with that hypothesis, researchers at the University of Pennsylvania found that people are likely to give more to listener-sponsored radio stations when they are told that other callers are giving above-average dona- tions. Similarly, when utility companies send customers a comparison of their energy use with the average in their neighborhood, customers with above-average use reduce their consumption.

The world before WikiLeaks and Facebook may have seemed a more secure place, but to say whether it was a better world is much more difficult. Will fewer children ultimately die from poverty in Kenya because WikiLeaks released the report on corruption? Will life in the Middle East improve as a result of the revolutions to which WikiLeaks and social media contributed? As the Chinese communist leader Zhou Enlai responded when asked his opinion of the French Revo- lution of 1789, it is too soon to say. The way we answer the question will depend on whether we share Assange’s belief that decision-making leads to better outcomes when based on the truth than when based on lies and ignorance.

Notes 1. Including those involved in international operations relating

to homeland security and intelligence, 854,000 people currently hold top-secret security clearances, according to the Washington Post.

2. In 2003, FBI director Robert Mueller claimed that the number of thwarted plots was more than one hundred.

3. Robert Manne, a professor of politics at Australia’s La Trobe University and the author of a detailed examination of Assange’s writings that appeared recently in The Monthly,

372 An Examined Life Critical Thinking and Ethics Visible Man: Ethics in a World without Secrets by Peter Singer

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An Examined Life: Critical Thinking and Ethics492 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

of human inquiry — we do not know the final truth about almost anything.) But we do know a lot, and it may not be unduly rash to venture a guess as to what a satisfactory moral theory might be like.

A satisfactory theory would, first of all, be sensitive to the facts about human nature, and it would be appropriately modest about the place of human beings in the scheme of things. The universe is some 18 billion years old — that is the time elapsed since the ‘‘big bang’’— and the earth itself was formed about 4.6 billion years ago. The evolution of life on the planet was a slow process, guided not by design but (largely) by random mutation and natural selection. The first humans appeared quite recently. The extinction of the great dinosaurs 65 million years ago (possibly as the result of a cata- strophic collision between the earth and an asteroid) left ecological room for the evolution of the few little mammals that were about, and after 63 or 64 million more years, one line of that evolution finally produced us. In geological time, we arrived only yesterday.

But no sooner did our ancestors arrive than they began to think of themselves as the most important things in all creation. Some of them even imagined that the whole universe had been made for their benefit. Thus, when they began to develop theories of right and wrong, they held that the protection of their own interests had a kind of ultimate and objective value. The rest of creation, they reasoned, was intended for their use. We now know better. We now know that we exist by evolutionary accident, as one species among many, on a small and insignificant world in one little corner of the cosmos.

Hume, who knew only a little of this story, nevertheless realized that human hubris is largely unjustified. ‘‘The life of a man,’’ he wrote, ‘‘is of no greater importance to the universe than that of an oyster.’’ 1 But he also recognized that our lives are important to us. We are creatures with desires, needs, plans, and hopes; and even if ‘‘the universe’’ does not care about those things, we do. Our theory of morality may begin from this point. In order to have a convenient name for it, let us call this theory Morality without Hubris — or MWH for short. MWH incorporates some elements of the various classical theories while rejecting others.

Human hubris is largely unjustified, but it is not entirely unjustified. Compared to the other creatures on earth, we do have impressive intellec- tual capacities. We have evolved as rational beings. This fact gives some point to our inflated opinion of ourselves; and, as it turns out, it is also what makes us capable of having a morality. Because we are rational, we are able to take some facts as reasons for behaving one way rather than another. We can articulate those reasons and think about them. Thus we take the fact that an action would help satisfy our desires, needs, and so on — in short, the fact that an action would promote our interests — as a reason in favor of doing that action. And of course we take the fact that an action would frustrate our interests as a reason against doing it.

The Elements of Moral Philosophy (selection): Reading 375Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

The Elements of Moral Philosophy

James Rachels

James Rachels was born in Columbus, Georgia, in 1941. He attended Mercer University in Macon, receiving his bachelor’s degree in 1962. He then began doctoral studies in philosophy at the University of North Carolina at Chapel Hill, completing his Ph.D. in 1967. Rachels has held appointments at the University of Richmond (1966 – 1968), New York University (1968 – 1972), and the University of Miami (1972 – 1977). Since 1977 he has been at the University of Alabama at Birmingham, where he is currently University Professor of Philosophy.

Rachels’s publications include Moral Problems: A Collection of Philosophical Essays (editor, 1971; 3d ed., 1979), Understanding Moral Philosophy (1976), The End of Life: Eu- thanasia and Morality (1986), The Elements of Moral Philosophy (1986), The Right Thing to Do: Basic Readings in Moral Philosophy (editor, 1989), and Created from Animals: The Moral Implications of Darwinism (1990).

Our reading is the final chapter of The Elements of Moral Philosophy, ‘‘What Would a Satisfactory Moral Theory Be Like? ’’ Rachels argues that the first requirement of a sat- isfactory moral theory is that it be ‘‘without hubris’’— without the arrogance of believ- ing that human beings are the most important creatures in the universe and that their well-being outranks all other values. A morality without hubris requires us to recognize that all persons have interests and to promote the interests of all persons impartially. But since people are responsible for their freely chosen actions, morality also requires that the way we treat people depend, to some extent, on the way they treat others. A person who treats others well deserves good treatment; one who treats others badly de- serves bad treatment. Combing these two ideas, Rachels summarizes his moral theory: ‘‘We ought to act so as to promote impartially the interests of everyone alike, except when individuals deserve particular responses as a result of their own past behavior.’’ Rachels concludes his chapter by applying his theory to such issues as world hunger, the use of nuclear weapons, the justification of punishment, and reverse discrimination.

Chapter 12: What Would a Satisfactory Moral Theory Be Like?

Morality without Hubris Moral philosophy has a rich and fascinating his- tory. A great many thinkers have approached the subject from a wide variety of perspectives and have produced theories that both attract and repel the thoughtful reader. Almost all the classical theories contain plausible ele- ments, which is hardly surprising, considering that they were devised by philosophers of undoubted genius. Yet the various theories are not consist- ent with one another, and most are vulnerable to crippling objections. After reviewing them, one is left wondering what to believe. What, in the final analysis, is the truth? Of course, different philosophers would answer this question in different ways. Some might refuse to answer at all, on the grounds that we do not yet know enough to have reached the ‘‘final analy- sis.’’ (In this, moral philosophy is not much worse off than any other subject

James Rachels, ‘‘What Would a Satisfactory Moral Theory Be Like?’’ from Elements of Moral Philosophy. Copy- right © 1986 by Random House, Inc. Reprinted with permission of McGraw-Hill, Inc.

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© The McGraw−Hill Companies, 2006

493Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

of human inquiry — we do not know the final truth about almost anything.) But we do know a lot, and it may not be unduly rash to venture a guess as to what a satisfactory moral theory might be like.

A satisfactory theory would, first of all, be sensitive to the facts about human nature, and it would be appropriately modest about the place of human beings in the scheme of things. The universe is some 18 billion years old — that is the time elapsed since the ‘‘big bang’’— and the earth itself was formed about 4.6 billion years ago. The evolution of life on the planet was a slow process, guided not by design but (largely) by random mutation and natural selection. The first humans appeared quite recently. The extinction of the great dinosaurs 65 million years ago (possibly as the result of a cata- strophic collision between the earth and an asteroid) left ecological room for the evolution of the few little mammals that were about, and after 63 or 64 million more years, one line of that evolution finally produced us. In geological time, we arrived only yesterday.

But no sooner did our ancestors arrive than they began to think of themselves as the most important things in all creation. Some of them even imagined that the whole universe had been made for their benefit. Thus, when they began to develop theories of right and wrong, they held that the protection of their own interests had a kind of ultimate and objective value. The rest of creation, they reasoned, was intended for their use. We now know better. We now know that we exist by evolutionary accident, as one species among many, on a small and insignificant world in one little corner of the cosmos.

Hume, who knew only a little of this story, nevertheless realized that human hubris is largely unjustified. ‘‘The life of a man,’’ he wrote, ‘‘is of no greater importance to the universe than that of an oyster.’’ 1 But he also recognized that our lives are important to us. We are creatures with desires, needs, plans, and hopes; and even if ‘‘the universe’’ does not care about those things, we do. Our theory of morality may begin from this point. In order to have a convenient name for it, let us call this theory Morality without Hubris — or MWH for short. MWH incorporates some elements of the various classical theories while rejecting others.

Human hubris is largely unjustified, but it is not entirely unjustified. Compared to the other creatures on earth, we do have impressive intellec- tual capacities. We have evolved as rational beings. This fact gives some point to our inflated opinion of ourselves; and, as it turns out, it is also what makes us capable of having a morality. Because we are rational, we are able to take some facts as reasons for behaving one way rather than another. We can articulate those reasons and think about them. Thus we take the fact that an action would help satisfy our desires, needs, and so on — in short, the fact that an action would promote our interests — as a reason in favor of doing that action. And of course we take the fact that an action would frustrate our interests as a reason against doing it.

The Elements of Moral Philosophy (selection): Reading 375Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

The Elements of Moral Philosophy

James Rachels

James Rachels was born in Columbus, Georgia, in 1941. He attended Mercer University in Macon, receiving his bachelor’s degree in 1962. He then began doctoral studies in philosophy at the University of North Carolina at Chapel Hill, completing his Ph.D. in 1967. Rachels has held appointments at the University of Richmond (1966 – 1968), New York University (1968 – 1972), and the University of Miami (1972 – 1977). Since 1977 he has been at the University of Alabama at Birmingham, where he is currently University Professor of Philosophy.

Rachels’s publications include Moral Problems: A Collection of Philosophical Essays (editor, 1971; 3d ed., 1979), Understanding Moral Philosophy (1976), The End of Life: Eu- thanasia and Morality (1986), The Elements of Moral Philosophy (1986), The Right Thing to Do: Basic Readings in Moral Philosophy (editor, 1989), and Created from Animals: The Moral Implications of Darwinism (1990).

Our reading is the final chapter of The Elements of Moral Philosophy, ‘‘What Would a Satisfactory Moral Theory Be Like? ’’ Rachels argues that the first requirement of a sat- isfactory moral theory is that it be ‘‘without hubris’’— without the arrogance of believ- ing that human beings are the most important creatures in the universe and that their well-being outranks all other values. A morality without hubris requires us to recognize that all persons have interests and to promote the interests of all persons impartially. But since people are responsible for their freely chosen actions, morality also requires that the way we treat people depend, to some extent, on the way they treat others. A person who treats others well deserves good treatment; one who treats others badly de- serves bad treatment. Combing these two ideas, Rachels summarizes his moral theory: ‘‘We ought to act so as to promote impartially the interests of everyone alike, except when individuals deserve particular responses as a result of their own past behavior.’’ Rachels concludes his chapter by applying his theory to such issues as world hunger, the use of nuclear weapons, the justification of punishment, and reverse discrimination.

Chapter 12: What Would a Satisfactory Moral Theory Be Like?

Morality without Hubris Moral philosophy has a rich and fascinating his- tory. A great many thinkers have approached the subject from a wide variety of perspectives and have produced theories that both attract and repel the thoughtful reader. Almost all the classical theories contain plausible ele- ments, which is hardly surprising, considering that they were devised by philosophers of undoubted genius. Yet the various theories are not consist- ent with one another, and most are vulnerable to crippling objections. After reviewing them, one is left wondering what to believe. What, in the final analysis, is the truth? Of course, different philosophers would answer this question in different ways. Some might refuse to answer at all, on the grounds that we do not yet know enough to have reached the ‘‘final analy- sis.’’ (In this, moral philosophy is not much worse off than any other subject

James Rachels, ‘‘What Would a Satisfactory Moral Theory Be Like?’’ from Elements of Moral Philosophy. Copy- right © 1986 by Random House, Inc. Reprinted with permission of McGraw-Hill, Inc.

374 An Examined Life Critical Thinking and Ethics The Elements of Moral Philosophy (selection): Reading

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics494 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

First, it helps to explain why freedom is among the most cherished human values. A person who is denied the right to choose his or her own actions is thereby denied the possibility of achieving any kind of personal moral worth. Second, the way a person may be treated by others depends, to some extent, on the way he or she has chosen to treat them. One who treats others well deserves to be treated well in return, while one who treats others badly deserves to be treated badly in return.

This last point is liable to sound a little strange, so let me elaborate it just a bit. Suppose Smith has always been generous to others, helping them whenever he could; now he is in trouble and needs help in return. There is now a special reason he should be helped, above the general obligation we have to promote the interests of everyone alike. He is not just another mem- ber of the crowd. He is a particular person who, by his own previous conduct, has earned our respect and gratitude. But now consider someone with the opposite history: suppose Jones is your neighbor, and he has always refused to help you when you needed it. One day your car wouldn’t start, for example, and Jones wouldn’t give you a lift to work — he had no particular excuse, he just wouldn’t be bothered. Imagine that, after this episode, Jones has car trouble and he has the nerve to ask you for a ride. Perhaps you think you should help him anyway, despite his own lack of helpfulness. (You might think that this will teach him generosity.) Nevertheless, if we concentrate on what he deserves, we must conclude that he deserves to be left to fend for himself.

Adjusting our treatment of individuals to match how they themselves have chosen to treat others is not just a matter of rewarding friends and holding grudges against enemies. It is a matter of treating people as responsi- ble agents, who by their own choices show themselves to be deserving of particular responses, and toward whom such emotions as gratitude and re- sentment are appropriate. There is an important difference between Smith and Jones; why shouldn’t that be reflected in the way we respond to them? What would it be like if we did not tailor our responses to people in this way? For one thing, we would be denying people (including ourselves) the ability to earn good treatment at the hands of others. Morally speaking, we would all become simply members of the great crowd of humanity, rather than individuals with particular personalities and deserts. Respecting people’s right to choose their own conduct, and then adjusting our treatment of them according to how they choose, is ultimately a matter of ‘‘respect for persons’’ in a sense somewhat like Kant’s.6

We are now in a position to summarize the outline of what, in my judg- ment, a satisfactory moral theory would be like. Such a theory would see morality as based on facts about our nature and interests, rather than on some exaggerated conception of our ‘‘importance.’’ As for the principles on which we ought to act, the theory is a combination of two ideas: first, that we ought to act so as to promote the interests of everyone alike; and second, that we

The Elements of Moral Philosophy (selection): Reading 377Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

The origin of our concept of ‘‘ought’’ may be found in these facts. If we were not capable of considering reasons for and against actions, we would have no use for such a notion. Like the lower animals, we would simply act from impulse or habit, or as Kant2 put it, from ‘‘inclination.’’ But the con- sideration of reasons introduces a new factor. Now we find ourselves im- pelled to act in certain ways as a result of deliberation, as a result of thinking about our behavior and its consequences. We use the word ‘‘ought’’ to mark this new element of the situation: we ought to do the act supported by the weightiest reasons.

Once we consider morality as a matter of acting on reason, another important point emerges. In reasoning about what to do, we can be consist- ent or inconsistent. One way of being inconsistent is to accept a fact as a reason for action on one occasion, while refusing to accept a similar fact as a reason on another occasion, even though there is no difference between the two occasions that would justify distinguishing them. (This is the legitimate point made by Kant’s categorical imperative.)3 This happens, for example, when a person unjustifiably places the interests of his own race or social group above the comparable interests of other races and social groups. Rac- ism means counting the interests of the members of other races as less important than the interests of the members of one’s own race, despite the fact that there is no general difference between the races that would justify it. It is an offense against morality because it is first an offense against reason. Similar remarks could be made about other doctrines that divide humanity into the morally favored and disfavored, such as egoism, sexism, and (some forms of ) nationalism. The upshot is that reason requires impartiality: we ought to act so as to promote the interests of everyone alike.

If psychological egoism4 were true, this would mean that reason de- mands more of us than we can manage. But psychological egoism is not true; it gives an altogether false picture of human nature and the human condi- tion. We have evolved as social creatures, living together in groups, wanting one another’s company, needing one another’s cooperation, and capable of caring about one another’s welfare. So there is a pleasing theoretical ‘‘fit’’ between (a) what reason requires, namely impartiality; (b) the require- ments of social living, namely adherence to a set of rules that, if fairly ap- plied, would serve everyone’s interests; and (c) our natural inclination to care about others, at least to a modest degree. All three work together to make morality not only possible, but in an important sense natural, for us.

So far, MWH sounds very much like utilitarianism.5 However, there is one other fact about human beings that must be taken into account, and doing so will give the theory a decidedly nonutilitarian twist. As rational agents, humans have the power of choice: they may choose to do what they see to be right, or they may choose to do wrong. Thus they are responsible for their freely chosen actions, and they are judged morally good if they choose well or wicked if they choose badly. This, I think, has two consequences.

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495Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

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First, it helps to explain why freedom is among the most cherished human values. A person who is denied the right to choose his or her own actions is thereby denied the possibility of achieving any kind of personal moral worth. Second, the way a person may be treated by others depends, to some extent, on the way he or she has chosen to treat them. One who treats others well deserves to be treated well in return, while one who treats others badly deserves to be treated badly in return.

This last point is liable to sound a little strange, so let me elaborate it just a bit. Suppose Smith has always been generous to others, helping them whenever he could; now he is in trouble and needs help in return. There is now a special reason he should be helped, above the general obligation we have to promote the interests of everyone alike. He is not just another mem- ber of the crowd. He is a particular person who, by his own previous conduct, has earned our respect and gratitude. But now consider someone with the opposite history: suppose Jones is your neighbor, and he has always refused to help you when you needed it. One day your car wouldn’t start, for example, and Jones wouldn’t give you a lift to work — he had no particular excuse, he just wouldn’t be bothered. Imagine that, after this episode, Jones has car trouble and he has the nerve to ask you for a ride. Perhaps you think you should help him anyway, despite his own lack of helpfulness. (You might think that this will teach him generosity.) Nevertheless, if we concentrate on what he deserves, we must conclude that he deserves to be left to fend for himself.

Adjusting our treatment of individuals to match how they themselves have chosen to treat others is not just a matter of rewarding friends and holding grudges against enemies. It is a matter of treating people as responsi- ble agents, who by their own choices show themselves to be deserving of particular responses, and toward whom such emotions as gratitude and re- sentment are appropriate. There is an important difference between Smith and Jones; why shouldn’t that be reflected in the way we respond to them? What would it be like if we did not tailor our responses to people in this way? For one thing, we would be denying people (including ourselves) the ability to earn good treatment at the hands of others. Morally speaking, we would all become simply members of the great crowd of humanity, rather than individuals with particular personalities and deserts. Respecting people’s right to choose their own conduct, and then adjusting our treatment of them according to how they choose, is ultimately a matter of ‘‘respect for persons’’ in a sense somewhat like Kant’s.6

We are now in a position to summarize the outline of what, in my judg- ment, a satisfactory moral theory would be like. Such a theory would see morality as based on facts about our nature and interests, rather than on some exaggerated conception of our ‘‘importance.’’ As for the principles on which we ought to act, the theory is a combination of two ideas: first, that we ought to act so as to promote the interests of everyone alike; and second, that we

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The origin of our concept of ‘‘ought’’ may be found in these facts. If we were not capable of considering reasons for and against actions, we would have no use for such a notion. Like the lower animals, we would simply act from impulse or habit, or as Kant2 put it, from ‘‘inclination.’’ But the con- sideration of reasons introduces a new factor. Now we find ourselves im- pelled to act in certain ways as a result of deliberation, as a result of thinking about our behavior and its consequences. We use the word ‘‘ought’’ to mark this new element of the situation: we ought to do the act supported by the weightiest reasons.

Once we consider morality as a matter of acting on reason, another important point emerges. In reasoning about what to do, we can be consist- ent or inconsistent. One way of being inconsistent is to accept a fact as a reason for action on one occasion, while refusing to accept a similar fact as a reason on another occasion, even though there is no difference between the two occasions that would justify distinguishing them. (This is the legitimate point made by Kant’s categorical imperative.)3 This happens, for example, when a person unjustifiably places the interests of his own race or social group above the comparable interests of other races and social groups. Rac- ism means counting the interests of the members of other races as less important than the interests of the members of one’s own race, despite the fact that there is no general difference between the races that would justify it. It is an offense against morality because it is first an offense against reason. Similar remarks could be made about other doctrines that divide humanity into the morally favored and disfavored, such as egoism, sexism, and (some forms of ) nationalism. The upshot is that reason requires impartiality: we ought to act so as to promote the interests of everyone alike.

If psychological egoism4 were true, this would mean that reason de- mands more of us than we can manage. But psychological egoism is not true; it gives an altogether false picture of human nature and the human condi- tion. We have evolved as social creatures, living together in groups, wanting one another’s company, needing one another’s cooperation, and capable of caring about one another’s welfare. So there is a pleasing theoretical ‘‘fit’’ between (a) what reason requires, namely impartiality; (b) the require- ments of social living, namely adherence to a set of rules that, if fairly ap- plied, would serve everyone’s interests; and (c) our natural inclination to care about others, at least to a modest degree. All three work together to make morality not only possible, but in an important sense natural, for us.

So far, MWH sounds very much like utilitarianism.5 However, there is one other fact about human beings that must be taken into account, and doing so will give the theory a decidedly nonutilitarian twist. As rational agents, humans have the power of choice: they may choose to do what they see to be right, or they may choose to do wrong. Thus they are responsible for their freely chosen actions, and they are judged morally good if they choose well or wicked if they choose badly. This, I think, has two consequences.

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cies. People would no doubt feel a greater sense of obligation if it were their neighbors starving, rather than strangers in a foreign country. But on the theory we are considering, the location of the starving people makes no difference: everyone is included in the community of moral concern. This has radical consequences: for example, when a person is faced with the choice between spending ten dollars on a trip to the movies or contributing it for famine relief, he should ask himself which action would most effectively promote human welfare, with each person’s interests counted as equally important. Would he benefit more from seeing the movie than a starving person would from getting food? Clearly, he would not. So he should con- tribute the money for famine relief. If this sort of reasoning were taken seriously, it would make an enormous difference in our responses to such emergencies.

If the moral community is not limited to people in one place, neither is it limited to people at any one time. Whether people will be affected by our actions now or in the distant future makes no difference. Our obligation is to consider all their interests equally. This is an important point because, with the development of nuclear weapons, we now have the capacity to alter the course of history in an especially dramatic way. Some argue that a full-scale nuclear exchange between the superpowers would result in the extinction of the human race. The prediction of ‘‘nuclear winter’’ supports this conclu- sion. The idea is that the detonation of so many nuclear devices would send millions of tons of dust and ash into the stratosphere, where it would block the sun’s rays. The surface of the earth would become cold. This condition would persist for years, and the ecology would collapse. Those who were ‘‘lucky’’ enough to escape death earlier would nevertheless perish in the nuclear winter. Other theorists contend that this estimate is too pessimistic. Civilization might come to an end, they say, and most people might die, but a few will survive, and the long upward struggle will begin again.

Considering this, it is difficult to imagine any circumstances in which the large-scale use of nuclear weapons would be morally justified. Some political analysts seem to think that our interests are served by policies that run the risk of nuclear war. Let us suppose this is so. To make the best possible case, let us grant that (a) the United States has vital interests that can be protected only by maintaining a nuclear arsenal as a balance against Soviet threats; (b) it is in the best interests of the rest of the world for the United States to pursue this course; and (c) the United States is ‘‘in the right’’ in its conflict with the Soviet Union. In other words, we will grant every point the defend- ers of our nuclear policy want to make. But then suppose a situation arises in which the Soviet Union, despite America’s nuclear strength, acts against the very interests our arsenal is supposed to protect. Would we then be justified in using our strategic weapons? Suppose we did. In executing a policy de- signed to protect our interests, we would not only have destroyed ourselves; we would have violated the interests of all the people yet to come (assuming, of course, that there were at least some survivors who could try to rebuild

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should treat people as they deserve to be treated, considering how they have themselves chosen to behave.

But now the key question is: How are these two ideas related? How do they fit together to form a unified principle of conduct? They are not to be understood as entirely independent of one another. The first establishes a general presumption in favor of promoting everyone’s interests, impartially; and the second specifies grounds on which this presumption may be overridden. Thus the second thought functions as a qualification to the first; it specifies that we may sometimes depart from a policy of ‘‘equal treatment’’ on the grounds that a person has shown by his past behavior that he deserves some particular response. We may therefore combine them into a single principle. The primary rule of morality, according to MWH, is:

We ought to act so as to promote impartially the interests of everyone alike, except when individ- uals deserve particular responses as a result of their own past behavior.

This principle combines the best elements of both utilitarianism and Kantian ‘‘respect for persons,’’ but it is not produced simply by stitching those two philosophies together. Rather, it springs naturally from a consid- eration of the main facts of the human condition — that we are perishable beings with interests that may be promoted or frustrated, and that we are rational beings responsible for our conduct. Although more needs to be said about the theoretical basis of this view, I will say no more about it here. Instead I will turn to some of its practical implications. Like every moral theory, MWH implies that we should behave in certain ways; and in some cases, it implies that commonly accepted patterns of behavior are wrong and should be changed. The plausibility of the theory will depend in part on how successful it is in convincing us that our behavior should conform to its directives.

The Moral Community When we are deciding what to do, whose interests should we take into account? People have answered this question in differ- ent ways at different times: egoists have said that one’s own interests are all-important; racists have restricted moral concern to their own race; and nationalists have held that moral concern stops at the borders of one’s country. The answer given by MWH is that we ought to give equal consideration to the interests of everyone who will be affected by our conduct. In principle, the community with which we should be concerned is limited only by the num- ber of individuals who have interests, and that, as we shall see, is a very large number indeed.

This may seem a pious platitude, but in reality it can be a hard doctrine. As this is being written, for example, there is famine in Ethiopia and millions of people are starving. People in the affluent countries have not responded very well. There has been some aid given, but relatively few people have felt personally obligated to help by sending contributions to famine-relief agen-

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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497Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

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cies. People would no doubt feel a greater sense of obligation if it were their neighbors starving, rather than strangers in a foreign country. But on the theory we are considering, the location of the starving people makes no difference: everyone is included in the community of moral concern. This has radical consequences: for example, when a person is faced with the choice between spending ten dollars on a trip to the movies or contributing it for famine relief, he should ask himself which action would most effectively promote human welfare, with each person’s interests counted as equally important. Would he benefit more from seeing the movie than a starving person would from getting food? Clearly, he would not. So he should con- tribute the money for famine relief. If this sort of reasoning were taken seriously, it would make an enormous difference in our responses to such emergencies.

If the moral community is not limited to people in one place, neither is it limited to people at any one time. Whether people will be affected by our actions now or in the distant future makes no difference. Our obligation is to consider all their interests equally. This is an important point because, with the development of nuclear weapons, we now have the capacity to alter the course of history in an especially dramatic way. Some argue that a full-scale nuclear exchange between the superpowers would result in the extinction of the human race. The prediction of ‘‘nuclear winter’’ supports this conclu- sion. The idea is that the detonation of so many nuclear devices would send millions of tons of dust and ash into the stratosphere, where it would block the sun’s rays. The surface of the earth would become cold. This condition would persist for years, and the ecology would collapse. Those who were ‘‘lucky’’ enough to escape death earlier would nevertheless perish in the nuclear winter. Other theorists contend that this estimate is too pessimistic. Civilization might come to an end, they say, and most people might die, but a few will survive, and the long upward struggle will begin again.

Considering this, it is difficult to imagine any circumstances in which the large-scale use of nuclear weapons would be morally justified. Some political analysts seem to think that our interests are served by policies that run the risk of nuclear war. Let us suppose this is so. To make the best possible case, let us grant that (a) the United States has vital interests that can be protected only by maintaining a nuclear arsenal as a balance against Soviet threats; (b) it is in the best interests of the rest of the world for the United States to pursue this course; and (c) the United States is ‘‘in the right’’ in its conflict with the Soviet Union. In other words, we will grant every point the defend- ers of our nuclear policy want to make. But then suppose a situation arises in which the Soviet Union, despite America’s nuclear strength, acts against the very interests our arsenal is supposed to protect. Would we then be justified in using our strategic weapons? Suppose we did. In executing a policy de- signed to protect our interests, we would not only have destroyed ourselves; we would have violated the interests of all the people yet to come (assuming, of course, that there were at least some survivors who could try to rebuild

The Elements of Moral Philosophy (selection): Reading 379Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

should treat people as they deserve to be treated, considering how they have themselves chosen to behave.

But now the key question is: How are these two ideas related? How do they fit together to form a unified principle of conduct? They are not to be understood as entirely independent of one another. The first establishes a general presumption in favor of promoting everyone’s interests, impartially; and the second specifies grounds on which this presumption may be overridden. Thus the second thought functions as a qualification to the first; it specifies that we may sometimes depart from a policy of ‘‘equal treatment’’ on the grounds that a person has shown by his past behavior that he deserves some particular response. We may therefore combine them into a single principle. The primary rule of morality, according to MWH, is:

We ought to act so as to promote impartially the interests of everyone alike, except when individ- uals deserve particular responses as a result of their own past behavior.

This principle combines the best elements of both utilitarianism and Kantian ‘‘respect for persons,’’ but it is not produced simply by stitching those two philosophies together. Rather, it springs naturally from a consid- eration of the main facts of the human condition — that we are perishable beings with interests that may be promoted or frustrated, and that we are rational beings responsible for our conduct. Although more needs to be said about the theoretical basis of this view, I will say no more about it here. Instead I will turn to some of its practical implications. Like every moral theory, MWH implies that we should behave in certain ways; and in some cases, it implies that commonly accepted patterns of behavior are wrong and should be changed. The plausibility of the theory will depend in part on how successful it is in convincing us that our behavior should conform to its directives.

The Moral Community When we are deciding what to do, whose interests should we take into account? People have answered this question in differ- ent ways at different times: egoists have said that one’s own interests are all-important; racists have restricted moral concern to their own race; and nationalists have held that moral concern stops at the borders of one’s country. The answer given by MWH is that we ought to give equal consideration to the interests of everyone who will be affected by our conduct. In principle, the community with which we should be concerned is limited only by the num- ber of individuals who have interests, and that, as we shall see, is a very large number indeed.

This may seem a pious platitude, but in reality it can be a hard doctrine. As this is being written, for example, there is famine in Ethiopia and millions of people are starving. People in the affluent countries have not responded very well. There has been some aid given, but relatively few people have felt personally obligated to help by sending contributions to famine-relief agen-

378 An Examined Life Critical Thinking and Ethics The Elements of Moral Philosophy (selection): Reading

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An Examined Life: Critical Thinking and Ethics498 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

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very hard for the company.) Obviously, the two employees will be treated very differently: one will get the promotion; the other will not. But this is all right, according to our theory, because the first employee deserves to be advanced over the second, considering the past performance of each. The first employee has earned the promotion, the second has not.

This is an easy case, in that it is obvious what the employer should do. But it illustrates an important difference between our theory and utilitarian- ism. Utilitarians might argue that their theory also yields the right decision in this case. They might observe that it promotes the general welfare for companies to reward hard work; therefore the principle of utility, unsupple- mented by any further consideration, would also say that the first employee, but not the second, should be promoted. Perhaps this is so. Nevertheless, this is unsatisfactory because it has the first employee being promoted for the wrong reason. She has a claim on the promotion because of her own hard work, and not simply because promoting her would be better for us all. MWH accommodates this vital point, whereas utilitarianism does not.

MWH holds that a person’s voluntary actions can justify departures from the basic policy of ‘‘equal treatment,’’ but nothing else can. This goes against a common view of the matter. Often, people think it is right for individuals to be rewarded for physical beauty, superior intelligence, or other native en- dowments. (In practice, people often get better jobs and a greater share of life’s good things just because they were born with greater natural gifts.) But on reflection, this does not seem right. People do not deserve their native endowments; they have them as a result of what John Rawls8 has called ‘‘the natural lottery.’’ Suppose the first employee in our example was passed over for the promotion, despite her hard work, because the second employee had some native talent that was more useful in the new position. Even if the employer could justify this decision in terms of the company’s needs, the first employee would rightly feel that there is something unfair going on. She has worked harder, yet he is now getting the promotion, and the bene- fits that go with it, because of something he did nothing to merit. That is not fair. A just society, according to MWH, would be one in which people may improve their positions through work (with the opportunity for work avail- able to everyone), but they would not enjoy superior positions simply be- cause they were born lucky.

I cannot, here, provide a full defense of this controversial idea. However, I can make it somewhat more plausible by showing how it helps to resolve an important contemporary issue. Our theory points the way toward a solution to one of the most vexing problems of social justice now being debated — the problem of reverse discrimination.

The problem of reverse discrimination is complex, but we can capture its most important elements in a simple example. Two college seniors, one black and one white, apply for admission to a certain law school. Both have grades and test scores well above the minimum required for admission, but the white student’s qualifications are slightly superior to the black’s. Never-

The Elements of Moral Philosophy (selection): Reading 381Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

civilization). In the larger historical context, our interests are of only passing importance, certainly not worth the price of condemning countless future generations to the miseries of a post-nuclear war age. History would not judge the Nazis to have been the preeminent villains of our time. That distinction would be reserved for us.

There is one other way in which our conception of the moral community must be expanded. Humans, as we have noted, are only one species of ani- mal inhabiting this planet. Like humans, the other animals also have inter- ests that are affected by what we do. When we kill or torture them, they are harmed, just as humans are harmed when treated in those ways. The utilitar- ians were right to insist that the interests of nonhuman animals must be given weight in our moral calculations. As Bentham7 pointed out, excluding creatures from moral consideration because of their species is no more justi- fied than excluding them because of race, nationality, or sex. . . . Impar- tiality requires the expansion of the moral community — not only across space and time but across the boundaries of species as well.

Justice and Fairness MWH has much in common with utilitarianism, espe- cially in what I called MWH’s ‘‘first idea.’’ But . . . utilitarianism has been severely criticized for failing to account for the values of justice and fairness. Can MWH do any better in this regard? It does, because it makes a person’s past behavior relevant to how he or she should be treated. This introduces into the theory an acknowledgment of personal merit that is lacking in unqualified utilitarianism.

One specific criticism of utilitarianism [has] to do with its implications for the institution of punishment. We can imagine cases in which it pro- motes the general welfare to frame an innocent person, which is blatantly unjust; and taking the principle of utility as our ultimate standard, it is hard to explain why this is so. More generally, as Kant pointed out, the basic utilitarian ‘‘justification’’ of punishment is in terms of treating individuals as mere ‘‘means.’’ MWH provides a different view of the matter. In punishing someone, we are treating him differently from the way we treat others — punishment involves a failure of impartiality. But this is unjustified, on our account, by the person’s own past deeds. It is a response to what he has done. That is why it is not right to frame an innocent person; the innocent person has not done anything to deserve being singled out for such treatment. The account of punishment suggested by MWH is very close to Kant’s.

The theory of punishment, however, is only one small part of the subject of injustice. Questions of justice arise any time one person is treated differ- ently from another. Suppose an employer must choose which of two em- ployees to promote, when he can promote only one of them. The first candi- date has worked hard for the company, taking on extra work when it was needed, giving up her vacation to help out, and so on. The second candi- date, on the other hand, has always done only the minimum required of him. (And we will assume he has no excuse; he has simply chosen not to work

380 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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499Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

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very hard for the company.) Obviously, the two employees will be treated very differently: one will get the promotion; the other will not. But this is all right, according to our theory, because the first employee deserves to be advanced over the second, considering the past performance of each. The first employee has earned the promotion, the second has not.

This is an easy case, in that it is obvious what the employer should do. But it illustrates an important difference between our theory and utilitarian- ism. Utilitarians might argue that their theory also yields the right decision in this case. They might observe that it promotes the general welfare for companies to reward hard work; therefore the principle of utility, unsupple- mented by any further consideration, would also say that the first employee, but not the second, should be promoted. Perhaps this is so. Nevertheless, this is unsatisfactory because it has the first employee being promoted for the wrong reason. She has a claim on the promotion because of her own hard work, and not simply because promoting her would be better for us all. MWH accommodates this vital point, whereas utilitarianism does not.

MWH holds that a person’s voluntary actions can justify departures from the basic policy of ‘‘equal treatment,’’ but nothing else can. This goes against a common view of the matter. Often, people think it is right for individuals to be rewarded for physical beauty, superior intelligence, or other native en- dowments. (In practice, people often get better jobs and a greater share of life’s good things just because they were born with greater natural gifts.) But on reflection, this does not seem right. People do not deserve their native endowments; they have them as a result of what John Rawls8 has called ‘‘the natural lottery.’’ Suppose the first employee in our example was passed over for the promotion, despite her hard work, because the second employee had some native talent that was more useful in the new position. Even if the employer could justify this decision in terms of the company’s needs, the first employee would rightly feel that there is something unfair going on. She has worked harder, yet he is now getting the promotion, and the bene- fits that go with it, because of something he did nothing to merit. That is not fair. A just society, according to MWH, would be one in which people may improve their positions through work (with the opportunity for work avail- able to everyone), but they would not enjoy superior positions simply be- cause they were born lucky.

I cannot, here, provide a full defense of this controversial idea. However, I can make it somewhat more plausible by showing how it helps to resolve an important contemporary issue. Our theory points the way toward a solution to one of the most vexing problems of social justice now being debated — the problem of reverse discrimination.

The problem of reverse discrimination is complex, but we can capture its most important elements in a simple example. Two college seniors, one black and one white, apply for admission to a certain law school. Both have grades and test scores well above the minimum required for admission, but the white student’s qualifications are slightly superior to the black’s. Never-

The Elements of Moral Philosophy (selection): Reading 381Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

civilization). In the larger historical context, our interests are of only passing importance, certainly not worth the price of condemning countless future generations to the miseries of a post-nuclear war age. History would not judge the Nazis to have been the preeminent villains of our time. That distinction would be reserved for us.

There is one other way in which our conception of the moral community must be expanded. Humans, as we have noted, are only one species of ani- mal inhabiting this planet. Like humans, the other animals also have inter- ests that are affected by what we do. When we kill or torture them, they are harmed, just as humans are harmed when treated in those ways. The utilitar- ians were right to insist that the interests of nonhuman animals must be given weight in our moral calculations. As Bentham7 pointed out, excluding creatures from moral consideration because of their species is no more justi- fied than excluding them because of race, nationality, or sex. . . . Impar- tiality requires the expansion of the moral community — not only across space and time but across the boundaries of species as well.

Justice and Fairness MWH has much in common with utilitarianism, espe- cially in what I called MWH’s ‘‘first idea.’’ But . . . utilitarianism has been severely criticized for failing to account for the values of justice and fairness. Can MWH do any better in this regard? It does, because it makes a person’s past behavior relevant to how he or she should be treated. This introduces into the theory an acknowledgment of personal merit that is lacking in unqualified utilitarianism.

One specific criticism of utilitarianism [has] to do with its implications for the institution of punishment. We can imagine cases in which it pro- motes the general welfare to frame an innocent person, which is blatantly unjust; and taking the principle of utility as our ultimate standard, it is hard to explain why this is so. More generally, as Kant pointed out, the basic utilitarian ‘‘justification’’ of punishment is in terms of treating individuals as mere ‘‘means.’’ MWH provides a different view of the matter. In punishing someone, we are treating him differently from the way we treat others — punishment involves a failure of impartiality. But this is unjustified, on our account, by the person’s own past deeds. It is a response to what he has done. That is why it is not right to frame an innocent person; the innocent person has not done anything to deserve being singled out for such treatment. The account of punishment suggested by MWH is very close to Kant’s.

The theory of punishment, however, is only one small part of the subject of injustice. Questions of justice arise any time one person is treated differ- ently from another. Suppose an employer must choose which of two em- ployees to promote, when he can promote only one of them. The first candi- date has worked hard for the company, taking on extra work when it was needed, giving up her vacation to help out, and so on. The second candi- date, on the other hand, has always done only the minimum required of him. (And we will assume he has no excuse; he has simply chosen not to work

380 An Examined Life Critical Thinking and Ethics The Elements of Moral Philosophy (selection): Reading

19_bos5511X_Ch17_p473-506.indd 499 7/24/14 10:31 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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An Examined Life: Critical Thinking and Ethics500 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

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Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

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result of this, the white student can now present a better record for the law school’s consideration. If this is what accounts for the difference in their qualifications, then the white applicant really has been treated unfairly. He has earned his superior qualifications; he deserves to be admitted ahead of the black student because he has worked harder for it.

But now suppose a different explanation is given as to why the white student has ended up with superior qualifications. Suppose the applicants have worked equally hard. However, the white student has had a much easier time of it because he has had gifted teachers, the most up-to-date facilities, and so on, while the black student, by contrast, has had to contend with many obstacles. For example, his early education may have been at the hands of ill-trained teachers in crowded, inadequate schools, so that by the time he reached college he was far behind the other students, and despite his best efforts he never could quite catch up. If this is what accounts for the difference in qualifications, things look very different. For now the white student has not earned his superior qualifications. He has done nothing to deserve them. The difference in qualifications is due entirely to the white student’s good luck in having been born into a more advantaged social position. Surely he cannot deserve to be admitted into law school ahead of the black simply because of that.

In fact, black people in the United States have been, and are, systemati- cally discriminated against, and it is reasonable to believe that this mistreat- ment does make a difference in their ability to compete for such goods as law school admission. Therefore, at least some actual cases probably do corre- spond to the second explanation. Some whites are better able to compete because they do not have to contend with the obstacles that have been placed in the way of blacks. If so, their ability to compete more successfully is not a sign that they are more deserving. This is a clear application of the idea mentioned above that the natural advantages of birth are not legitimate bases of desert.

It follows that in such a case the rejected white student is not being treated unfairly. He is not being rejected simply because he is white. The effect of the policy in question is only to neutralize an advantage that he has had because he is white, and that is very different. Nor will it do any good for the white to complain that, although blacks may have suffered unjust hard- ships, he is not responsible for it and so should not be penalized for it. The white student is not being ‘‘penalized’’ at all. Rather, he is not being allowed to profit from the fact that those wrongs were done, by besting the black in a competition that seems ‘‘fair’’ only if we ignore the handicaps imposed on only one competitor. This argument seems persuasive to me, and because it fits perfectly with the theory we have developed, it increases my confidence in that theory.

As I said at the outset, MWH represents my best guess about what an ultimately satisfactory moral theory might be like. I say ‘‘guess’’ not to indi- cate any lack of confidence; in my opinion, MWH is a satisfactory moral

The Elements of Moral Philosophy (selection): Reading 383Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

theless, the black applicant is accepted while the white applicant is rejected. When the white student asks why, he is told that the competition is stiff, and that a certain number of places in each entering class are reserved for mi- nority applicants. This is part of the school’s response to the fact that in the past, blacks have been denied the same opportunities as whites. As a result of this discrimination, blacks are underrepresented in the legal profession; and the school’s policy of preferential admission is an attempt to help remedy this undesirable situation.

In the 1970s, many schools in the United States had such policies. They came under sharp attack. Today there are fewer. The critics complained that such policies were no better than the old discredited forms of discrimina- tion. Considering my example, they would say that the white student is being rejected simply because he is white (if he had been black, with the same qualifications, he would have been accepted), and this is just as objection- able as rejecting black applicants because they are black. Moreover, they would say, it is unfair to the white student: he is not responsible for the harm that has been done to blacks, so why should he now be penalized in the effort to make up for it? In 1978, in the case of California v. Bakke, the U.S. Supreme Court sided with the critics and ruled that preferential ‘‘quotas’’ were unconstitutional.

Often, critics have suggested that we distinguish policies of reverse dis- crimination from less drastic policies of ‘‘preferential treatment’’ or ‘‘affir- mative action.’’ The latter do not go as far as the law school policy in our example. They merely require that positive steps be taken to ensure that minority candidates receive equal consideration for jobs, school admissions, and so forth. At most, these less radical policies might involve preferring blacks in competitive situations in which they are equally qualified. But in our example, the black student is admitted ahead of the white even though he is less qualified. Thus the example poses the problem in its strongest form. I have deliberately chosen to frame the example in this way because if it could be shown that there is no moral objection to the law school’s action in this case, we would have the strongest possible defense of such policies.

Is the law school’s action defensible? The question provokes strong emotions, and it is difficult for most people to consider it dispassionately. I believe, however, that if we do think dispassionately, we will find that the answer depends on why the white student’s grades, test scores, etc., are better than the black’s. The key question is: What accounts for the fact that the white student is better qualified?

Suppose, first, that the explanation is simply that the white student has worked harder to achieve his present status. He has studied diligently; he has deliberately taken more difficult courses; and when he has had to choose between studying and partying, he has generally chosen to study. Meanwhile the black student, who has had the same opportunities, has chosen a differ- ent course. He has not worked very hard; he has avoided the difficult sub- jects in school; he has spent a lot of time enjoying himself; and so on. As a

382 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

501Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

result of this, the white student can now present a better record for the law school’s consideration. If this is what accounts for the difference in their qualifications, then the white applicant really has been treated unfairly. He has earned his superior qualifications; he deserves to be admitted ahead of the black student because he has worked harder for it.

But now suppose a different explanation is given as to why the white student has ended up with superior qualifications. Suppose the applicants have worked equally hard. However, the white student has had a much easier time of it because he has had gifted teachers, the most up-to-date facilities, and so on, while the black student, by contrast, has had to contend with many obstacles. For example, his early education may have been at the hands of ill-trained teachers in crowded, inadequate schools, so that by the time he reached college he was far behind the other students, and despite his best efforts he never could quite catch up. If this is what accounts for the difference in qualifications, things look very different. For now the white student has not earned his superior qualifications. He has done nothing to deserve them. The difference in qualifications is due entirely to the white student’s good luck in having been born into a more advantaged social position. Surely he cannot deserve to be admitted into law school ahead of the black simply because of that.

In fact, black people in the United States have been, and are, systemati- cally discriminated against, and it is reasonable to believe that this mistreat- ment does make a difference in their ability to compete for such goods as law school admission. Therefore, at least some actual cases probably do corre- spond to the second explanation. Some whites are better able to compete because they do not have to contend with the obstacles that have been placed in the way of blacks. If so, their ability to compete more successfully is not a sign that they are more deserving. This is a clear application of the idea mentioned above that the natural advantages of birth are not legitimate bases of desert.

It follows that in such a case the rejected white student is not being treated unfairly. He is not being rejected simply because he is white. The effect of the policy in question is only to neutralize an advantage that he has had because he is white, and that is very different. Nor will it do any good for the white to complain that, although blacks may have suffered unjust hard- ships, he is not responsible for it and so should not be penalized for it. The white student is not being ‘‘penalized’’ at all. Rather, he is not being allowed to profit from the fact that those wrongs were done, by besting the black in a competition that seems ‘‘fair’’ only if we ignore the handicaps imposed on only one competitor. This argument seems persuasive to me, and because it fits perfectly with the theory we have developed, it increases my confidence in that theory.

As I said at the outset, MWH represents my best guess about what an ultimately satisfactory moral theory might be like. I say ‘‘guess’’ not to indi- cate any lack of confidence; in my opinion, MWH is a satisfactory moral

The Elements of Moral Philosophy (selection): Reading 383Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

theless, the black applicant is accepted while the white applicant is rejected. When the white student asks why, he is told that the competition is stiff, and that a certain number of places in each entering class are reserved for mi- nority applicants. This is part of the school’s response to the fact that in the past, blacks have been denied the same opportunities as whites. As a result of this discrimination, blacks are underrepresented in the legal profession; and the school’s policy of preferential admission is an attempt to help remedy this undesirable situation.

In the 1970s, many schools in the United States had such policies. They came under sharp attack. Today there are fewer. The critics complained that such policies were no better than the old discredited forms of discrimina- tion. Considering my example, they would say that the white student is being rejected simply because he is white (if he had been black, with the same qualifications, he would have been accepted), and this is just as objection- able as rejecting black applicants because they are black. Moreover, they would say, it is unfair to the white student: he is not responsible for the harm that has been done to blacks, so why should he now be penalized in the effort to make up for it? In 1978, in the case of California v. Bakke, the U.S. Supreme Court sided with the critics and ruled that preferential ‘‘quotas’’ were unconstitutional.

Often, critics have suggested that we distinguish policies of reverse dis- crimination from less drastic policies of ‘‘preferential treatment’’ or ‘‘affir- mative action.’’ The latter do not go as far as the law school policy in our example. They merely require that positive steps be taken to ensure that minority candidates receive equal consideration for jobs, school admissions, and so forth. At most, these less radical policies might involve preferring blacks in competitive situations in which they are equally qualified. But in our example, the black student is admitted ahead of the white even though he is less qualified. Thus the example poses the problem in its strongest form. I have deliberately chosen to frame the example in this way because if it could be shown that there is no moral objection to the law school’s action in this case, we would have the strongest possible defense of such policies.

Is the law school’s action defensible? The question provokes strong emotions, and it is difficult for most people to consider it dispassionately. I believe, however, that if we do think dispassionately, we will find that the answer depends on why the white student’s grades, test scores, etc., are better than the black’s. The key question is: What accounts for the fact that the white student is better qualified?

Suppose, first, that the explanation is simply that the white student has worked harder to achieve his present status. He has studied diligently; he has deliberately taken more difficult courses; and when he has had to choose between studying and partying, he has generally chosen to study. Meanwhile the black student, who has had the same opportunities, has chosen a differ- ent course. He has not worked very hard; he has avoided the difficult sub- jects in school; he has spent a lot of time enjoying himself; and so on. As a

382 An Examined Life Critical Thinking and Ethics The Elements of Moral Philosophy (selection): Reading

19_bos5511X_Ch17_p473-506.indd 501 7/24/14 10:31 AM

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

An Examined Life: Critical Thinking and Ethics502 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

The Elements of Moral Philosophy James Rachels

Reading Questions

According to Rachels:

1. What is the origin of our concept of “ought”?

2. Why does reason require impartiality toward others?

3. When deciding what to do in “morality without hubris” (MWH), whose interests should we take into account?

4. In MWH, what justifies departures from the policy of equal treatment?

5. How does MWH apply to the policy of reverse discrimination?

Discussion Questions

In your own view:

1. If we exist “by evolutionary accident,” how should this affect our theory of morality?

2. Should we treat all persons impartially? If so, is it immoral to treat members of our own family better than we treat strangers?

3. Do those who treat others badly deserve to be treated badly in return?

4. Does a satisfactory moral theory require that we value animals and the environment for their own sakes?

5. Is reverse discrimination morally justifiable?

The Elements of Moral Philosophy (selection): Reading 385Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

theory. However, it is instructive to remember that a great many thinkers have tried to devise such a theory, and history has judged them to have been only partially successful. This suggests that it would be wise not to make too grandiose a claim for one’s own view. Moreover, as the Oxford philosopher Derek Parfit has observed, the earth will remain habitable for another bil- lion years, and civilization is now only a few thousand years old. If we do not destroy ourselves, moral philosophy, along with all the other human inqui- ries, may yet have a long way to go.

� N O T E S

1. David Hume, ‘‘Of Suicide.’’ In Hume’s Ethical Writings, edited by Alasdair MacIntyre (New York: Collier, 1965), p. 301. [ J. R.] Hume (1711 – 1776) was a Scottish philosopher and historian. [D.C.A., ed.]

2. Immanuel Kant (1724 – 1804) was a German philosopher. [D.C.A.] 3. categorical imperative: Kant’s criterion of morality, which states that one

may do an action only if one can also will that all persons act in that same way [D.C.A.]

4. psychological egoism: the theory that people necessarily always act out of self-interest [D.C.A.]

5. utilitarianism: the doctrine that one should always act in a way that maxi- mizes ‘‘utility,’’ which is defined as the greatest good for the greatest number [D.C.A.]

6. Kant holds that the categorical imperative (see note 3) can also be for- mulated in terms of respecting persons: We should always treat persons as ends in themselves, and never simply as means to an end. [D.C.A.]

7. Jeremy Bentham (1748 – 1832) was an English jurist and philosopher. [D.C.A.]

8. John Rawls is an American philosopher. [D.C.A.]

384 An Examined Life Critical Thinking and Ethics

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

503Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

The Elements of Moral Philosophy James Rachels

Reading Questions

According to Rachels:

1. What is the origin of our concept of “ought”?

2. Why does reason require impartiality toward others?

3. When deciding what to do in “morality without hubris” (MWH), whose interests should we take into account?

4. In MWH, what justifies departures from the policy of equal treatment?

5. How does MWH apply to the policy of reverse discrimination?

Discussion Questions

In your own view:

1. If we exist “by evolutionary accident,” how should this affect our theory of morality?

2. Should we treat all persons impartially? If so, is it immoral to treat members of our own family better than we treat strangers?

3. Do those who treat others badly deserve to be treated badly in return?

4. Does a satisfactory moral theory require that we value animals and the environment for their own sakes?

5. Is reverse discrimination morally justifiable?

The Elements of Moral Philosophy (selection): Reading 385Abel: Discourses Ethical Theories James Rachels, ‘‘The Elements of Moral Philosophy’’ (selection)

© The McGraw−Hill Companies, 2006

theory. However, it is instructive to remember that a great many thinkers have tried to devise such a theory, and history has judged them to have been only partially successful. This suggests that it would be wise not to make too grandiose a claim for one’s own view. Moreover, as the Oxford philosopher Derek Parfit has observed, the earth will remain habitable for another bil- lion years, and civilization is now only a few thousand years old. If we do not destroy ourselves, moral philosophy, along with all the other human inqui- ries, may yet have a long way to go.

� N O T E S

1. David Hume, ‘‘Of Suicide.’’ In Hume’s Ethical Writings, edited by Alasdair MacIntyre (New York: Collier, 1965), p. 301. [ J. R.] Hume (1711 – 1776) was a Scottish philosopher and historian. [D.C.A., ed.]

2. Immanuel Kant (1724 – 1804) was a German philosopher. [D.C.A.] 3. categorical imperative: Kant’s criterion of morality, which states that one

may do an action only if one can also will that all persons act in that same way [D.C.A.]

4. psychological egoism: the theory that people necessarily always act out of self-interest [D.C.A.]

5. utilitarianism: the doctrine that one should always act in a way that maxi- mizes ‘‘utility,’’ which is defined as the greatest good for the greatest number [D.C.A.]

6. Kant holds that the categorical imperative (see note 3) can also be for- mulated in terms of respecting persons: We should always treat persons as ends in themselves, and never simply as means to an end. [D.C.A.]

7. Jeremy Bentham (1748 – 1832) was an English jurist and philosopher. [D.C.A.]

8. John Rawls is an American philosopher. [D.C.A.]

384 An Examined Life Critical Thinking and Ethics The Elements of Moral Philosophy (selection): Reading

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

504 Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

© Leo Cullum//e New Yorker Collection/from www.cartoonbank.com

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Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

Abel: Discourses Human Nature Epicurus, ‘‘Letter to Menoeceus’’ (complete)

© The McGraw−Hill Companies, 2006

505

BIBLIOGRAPHY

John W. Basore, Moral Essays, ed. and trans. vol. 2. London, England: William Heinemann, 1932.

Source: Harper’s Magazine, August 2011. The assertion is often made that modern surveillance technology makes it easier for governments to control behavior. The author offers the counterargument that the same technology allows people to keep tabs on the government and corporate abuses and in fact protects individual freedom.

James Rachels, The Elements of Moral Philosophy. 2nd ed. New York: McGraw-Hill, 1993

© Leo Cullum//e New Yorker Collection/from www.cartoonbank.com

386 An Examined Life Critical Thinking and Ethics Bibliography

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© The McGraw−Hill Companies, 2006

506

About the Authors

Octavio Roca is an Assistant Professor of Philosophy at Miami Dade College. He has served on the original team for the National Endowment for the Humanities’ Building Bridges to Democracy project, and he was chosen by the American Association of Hispanics in Higher Education as 2014 Latino Educator of the Year in his field. Before joining Miami Dade College, Roca was music and dance critic for The Washington Post, The Washington Times, and the San Francisco Chronicle. He has lectured at the American Film Institute, the Catalan Theater Institute of the University of Barcelona, and frequently for the Smithsonian Institution. His books include Scotto, Cuban Ballet, and Prologue to Greatness. As a journalist, Roca received the Sigma Delta Chi, Washington Dateline, and American Association of Sunday and Feature Editors Awards. His diverse scholarly and mainstream articles range from “Atoms and Persons” in The Philosophical Forum to “Reinaldo Arenas in Exile” in The Washington Times and “Creating an Alternative Cuban Culture” in the San Francisco Chronicle. He studied philosophy at Emory University and Georgetown University. He has taught in the University of Miami’s philosophy department and was a visiting professor in Barry University’s theology and philosophy department. He lives with his husband in Miami Beach.

Matthew Schuh is an Associate Professor of Philosophy at Miami Dade College. He received both his Master of Arts and Doctorate in Philosophy from the University of Miami. His dissertation focused on the ethical and epistemic issues related to clinical research involving human test subjects. In 2009 he led the project of revising the competencies for all the philosophy courses taught at Miami Dade College. In 2013 he completed a MS.Ed. in Higher Education from Kesier University. He has been the senior Virtual College course developer for Philosophy courses since 2005.He has also served as a member of the Learning Outcome Assessment Team at Miami Dade College for several years and in the current outgoing co-chair of the committee. The committee works to assess general education learning outcomes at the College. He has taught at the University of Miami and Miami Dade College. He lives in Hollywood, Florida with his wife and four children.

An Examined Life: Critical Thinking and Ethics

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