Marx and the Arrows of Determination

How do the different parts of the substructure and superstructure determine each other according to Marx?

Marx is usually understood as arguing that the substructure (the material world) determines the superstructure. But that’s only part of his argument. The creation and propagation of ideology is an important activity of the ruling class. The members of this class usually do not work but appropriate the fruits of the labor of other classes, and hence they have the necessary leisure time to engage in intellectual “work” and to construct and promote ideologies that they can use to serve their interests, consciously or unconsciously. Those with material power also have intellectual power. They can influence what others think, and they will be most successful if they themselves believe the ideologies that they want to force on others.

This clearly shows that the substructure does not only determine the legal and political parts of the superstructure, but thinking as well. The prevailing ideas are the ideas of the prevailing class.

[T]he class which is the ruling material force of society, is at the same time its ruling intellectual force. The class which has the means of material production at its disposal, has control at the same time over the means of mental production, so that thereby, generally speaking, the ideas of those who lack the means of mental production are subject to it. The ruling ideas are nothing more than the ideal expression of the dominant material relationships, the dominant material relationships grasped as ideas; hence of the relationships which make the one class the ruling one, therefore, the ideas of its dominance. The individuals composing the ruling class possess among other things consciousness, and therefore think. Insofar, therefore, as they rule as a class and determine the extent and compass of an epoch, it is self-evident that they do this in its whole range, hence among other things rule also as thinkers, as producers of ideas, and regulate the production and distribution of the ideas of their age: thus their ideas are the ruling ideas of the epoch. K. Marx, The German Ideology

But there is a kind of feedback action at work here. The substructure determines ideas, but these ideas in turn help to maintain a particular economic substructure. Not everything goes up from the material to the intellectual. Something comes down as well, but only after it went up first.

This can be expressed in the left half of the following drawing:

2

In this drawing, an arrow means “determination”. All ideas, not only political and legal ones, are both the expression (arrow 2) and the safeguard (arrow 3) of the economic structure of society. (The bottom-left half, arrow 1, represents the previously mentioned relationship between means of production and relations of production).

But there is also a right half in this drawing: the fact that ideas, in a kind of feedback mode, help to determine a particular economic structure, does not always have to be negative or aimed at the status quo. The poor, when they shed their false consciousness imposed by ideology, become conscious of their real situation, and this consciousness will help to start the revolution which will modify class relations and hence the substructure. This is represented by arrow 6.

Ideally, arrow 6 would have to pass through the box containing “politics” since the revolutionary proletariat will take over the state when attempting to modify the relations of production.

However, this awakening is bound to certain material preconditions, in particular the presence of certain very specific forces of production, namely large-scale industrial production with mass labor (arrow 4) and the strain imposed by existing class relations (arrow 5). It cannot, therefore, take place in every setting. Ultimately, all consciousness, real and false, is determined by the substructure. The order of determinations is fixed and follows the numerical order in the drawing.

More about Marx here.

What is Freedom? (19): Social Freedom

If you ask people what freedom is, then they tend to go with the “ability to do what you want” definition. And it’s equally likely that they immediately add a qualifier: this ability should not be absolute but instead limited by the same freedom of others and by the things that can harm others.

Sounds very reasonable, until you dig a little deeper. Freedom understood like this only pretends to give our fellow human beings their due. Other people in fact become the border of my freedom and are therefore something negative. I can only protect my freedom or my ability to do as I like by avoiding other people as much as possible, by withdrawing from society and by becoming self-sufficient. Freedom is isolation. As long as there are other people around, my freedom is restricted by others; it’s restricted both by the rule that I should not harm other people’s freedom, and by other people’s lack of respect for the same rule with regard to me (since rules are never fully respected).

The more I avoid other people, the less restricted are my actions, and my freedom increases. If I avoid people, then no one stands in my way, no one interferes with my life, no one obstructs my actions or prevents me from doing something, and no one’s freedom limits my own freedom. It seems I can only do this when I leave the community because then my actions are no longer limited by other people’s actions or by other people’s freedom.

I’m not being original here. Marx already formulated this problem in On the Jewish Question 170 years ago:

The limits within which each individual can act without harming others are determined by law, just as the boundary between two fields is marked by a stake. It is a question of the liberty of man regarded as an isolated monad, withdrawn into himself. … [This kind of freedom] is not founded upon the relations between man and man, but rather upon the separation of man from man. It is the right of such separation. The right of the circumscribed individual, withdrawn into himself.

Fellow man is merely a limitation or a restriction – the only legitimate restriction of my freedom – and not harming him is the only thing I do for him. This kind of freedom is not incompatible with positive relationships and cooperation, but it doesn’t help either. It’s extremely individualistic even if legitimate interests of others are taken into account. It’s difficult to see how it can be compatible with another understanding of freedom in which freedom requires the company of others and in which other people are the realization instead of the limitation of freedom.

What would such a conception of freedom look like? It would see other people as necessary conditions rather than restrictions, as the beginning rather than the end of freedom. Freedom would not retreat into a space – and inner space or a physical space away from others – in which we can escape the coercion and the rules of the outside world. I think it’s necessary to accept the reality that the world of appearances and of other people is of the utmost importance to freedom. Freedom is more than a withdrawal from the world, from the threatening world of other people who do not allow us to be free and whose freedom limits our actions, either voluntary as a consequence of their own actions, or involuntary as a consequence of our respect for their freedom.

But why is interaction with other people important for freedom? I need the company of other people in a formalized and structured public space protected by rights if I want to take my life in my hands, if I want to examine my opinions and preferences in order to be sure that what I want to do – with respect for other people’s freedom – is really what I want. “Really” means that what I want is something more than unreflective preference. I wish to be able to choose from a wide range of objectives, as many as possible, without discrimination, obstruction and punishment (with the exception of those objectives that impede the objectives of others), but that implies more than freedom from interference. I need to hear others defend certain objectives with the best arguments they can present in an inclusive and accessible place of debate protected by human rights. Without this public place, my ability to do what I want – with respect for the same ability of others – is an empty phrase. If I can do what I want without interference, but what I want is impossible for me to determine in a rational way on the basis of good arguments – or is perhaps even decided for me in some conscious or unconscious way – then I can’t do what I want.

More posts in this series are here.

Religion and Human Rights (33): Christianity and Human Rights

Nowadays, when religion is viewed through the lens of human rights, the subject of discussion is most often Islam and the rights violations it is supposed to produce. Other religions seem almost unproblematic in comparison. Some even claim that human rights are the heritage of the Christian West. That’s not entirely fair to Islam, and neither is it a correct description of Christianity or of the history of human rights. Both Islam and Christianity can be criticized from the perspective of human rights. It’s about time that Christianity receives some of the same scrutiny that is heaped on Islam on a daily basis.

First, though, let’s list some arguments for the defense. Many aspects of Christianity are beneficial to human rights. For example, there’s a long tradition of pacifism in Christianity (in some Christian churches more than others, and in theory more than in practice). That’s based on the quote from the sermon on the mount about showing the other cheek. Poverty and charity as well are prominent in Christian teaching (for example in the parable of the good Samaritan). Also important from the perspective of human rights is the teaching of the equality of all human beings: we are all created in the image of God, we’re all sons and daughters of Adam and Eve. Hence differences between races, genders, nationalities etc. are contingent and morally irrelevant. And there’s of course the sacredness of human life. Finally, belief in hell – to the extent that this is still a part of present-day Christian faith – is associated with lower crime rates (I assume the fear of punishment in the afterlife limits deviance in this life).

However, it’s just as easy to cite arguments for the prosecution. First, the noble principles just cited were rarely respected. And secondly, there are a lot of other principles that are incompatible with human rights. Like all monotheistic religions, Christianity has universalist pretensions: the Christian God is the God of all, and non-believers are mistaken, even sinfully mistaken. They need to be brought within the right faith. Hence missionary work, colonialism, religious wars and other forms of aggressive proselytizing. All such activities can and often do violate human rights.

As a result of this universalism, freedom of religion is only grudgingly accepted if at all, as is the separation between church and state. Its universalist pretensions often justify coercive means, including the state, as a means to impose Christian teachings (the issue of gay marriage is only one example). It also seems that, theoretically at least, Christians can’t accept democratic decisions that go against the will of God, and are morally obliged to revolt against such decisions. Politics is the handmaiden of religion, and political rights are only contingently secure, i.e. they are secure as long as their results conform to the will of God and as long as Christians don’t believe that its practical and feasible to impose this will when rights deviate from it. Anti-abortion terrorism comes to mind.

Publicity and appearance are important parts of human rights. Different human rights protect the public appearance of a diversity of opinions, beliefs and identities, and their discursive interaction. That’s the idea of the marketplace of ideas. Christianity, however, doesn’t like publicity, for a variety of reasons. First, the relationship to God is more important than relationships between people, and the afterlife is more important than earthly life in community. There’s a strong sense of detachment from the affairs of this world, although this sense was more common in early Christianity. The hidden and the mysterious are valued more than the discursive, ostentatious life of public debate.

Appearance is not only of secondary importance, but also morally dubious. Christianity rejects seeing and being seen. To be good is the supreme value, but goodness must hide itself. When good works become public, they loose some of their goodness because they are no longer done simply for their goodness but for honor, appreciation etc. (as Arendt reminded us). In this respect, there are some similarities between the saint and the criminal.

To the extent that public debate is valued, it isn’t because of the importance of the marketplace of ideas, a major justification of human rights. Free speech doesn’t serve the exchange of arguments, public reasoning or the improvement of the quality of thinking. It only serves to proselytize, to distribute the truth, and this truth is given before public discourse even takes place. Belief is revealed and contemplated individually and in solitude, and is not the product of discussion or debate. Contemplation of God does not even require company, let alone debate. In the words of Tertullian : “nec ulla magis res aliena quam publica” (“nothing is more strange to us than public matters”).

This rejection of the public space in favor of the mysterious, of individual contemplation and of the afterlife, can result in political acquiescence. The powers-that-be are accepted, even if they are cruel and oppressive, since true salvation comes only after death. (That’s Marx’ famous criticism).

And there are other points of criticism: notwithstanding the equality of all human beings as children of God, women are responsible for the original sin, and the Jews for the murder of Christ. And even if everyone is an equal son or daughter of God, that means that everyone is fit for salvation. Which in turn means that you have to go to the far ends of the world to convert the heathens, for their own good.

A mixed record, to say the least.

Other posts in this series are here.

What is Equality? (1): Some Dimensions and Distinctions

If you want to explain the nature of equality the best thing to do is to distinguish between different types of equality. In fact, we’ll need a whole set of different distinctions, so that’s what I’ll try to do below. You can probably already guess the conclusion: equality is always and necessarily complex equality (in the words of Michael Walzer). I suppose that’s also why this post is so long. I apologize.

What equality isn’t

But before we distinguish types of equality, let’s clearly distinguish equality from some other concepts: equality ≠ identity (or sameness) ≠ uniformity ≠ similarity.

When people speak about “equality” in moral and political philosophy, they never mean “identity” (perhaps they do in mathematics, but we don’t care about that). Claims that people aren’t treated equally or suffer from some form of unjust inequality are not claims that people should always and in every respect be equal or treated equally. Complete or absolute equality would be the same as identity, but that’s not what is at stake in moral or political discourse. To my knowledge, people never claim that all people should always be treated identically in every respect. The claim is that people should be treated equally, or “the same”, in some very specific ways or some very specific fields of life: people should have the same access to education, for example. The anti-egalitarian claim that those of us who care about equality will push society to a dystopian future of uniformity is therefore misguided. Egalitarianism demands certain forms of equality, but beyond that it’s very happy to accept inequality.

The egalitarian goal isn’t even “approximate correspondence” or high levels of similarity between people. Very dissimilar people can have a justified claim to equal treatment in certain respects, and when they achieve this equal treatment they don’t become “similar” to each other in any ontological sense. They remain very different people, except that in some very specific sense and very specific part of their lives they are being treated the same. For example, a poor African American has the same right to a fair trial as a wealthy WASP, but that, together with all their other claims to equality, doesn’t make them similar people.

Equality needs at least one other word: equality is always equality of something very specific. Equality without any qualifier would indeed be very close to identity or uniformity. People should be equal in important and specific respects only. They shouldn’t in general be the same, nor should they even be treated in generally the same way. The goal is to realize certain specific types of equality among human beings, not to move steadily towards ever greater “correspondence”, similarity or even identity and uniformity. This very specific nature of equality is a natural limit on its scope, something which should appease critics of equality. People shouldn’t be treated equally or uniformly in all respects, only in those respects for which people have a justified claim to be treated equally or uniformly.

The question then is, of course, what are those justified claims and which claims are not justified? What are the specific cases in which people deserve to be treated equally? We are talking about equality of what exactly? Which are those “specific field of life” where equality is required? That’s an ongoing and probably never-ending public discussion. A typical strategy in dealing with such questions is to take a step back as it were. Make things a bit more abstract. As a result, the most common qualifier or “second word” is dignity or respect, which in turn is believed to justify other, more specific qualifiers. For example, the equal dignity of all human beings, if that’s a claim that can be justified, is supposed to invalidate gender discrimination.

Descriptive or prescriptive equality

Justifying equality is a prescriptive task. You want to come up with reasons why a certain form of equality is morally necessary. You’re not interested in descriptive equality, i.e. the measurement of levels of (in)equality, of their causes and effects, of the interaction between different types of (in)equality etc. You will be interested, but only after the prescriptive work is done and after you’ve decided which types of equality are morally important. Prescriptive equality is the claim that people ought to be equal in some respects. Because equality is necessarily a social concept – i.e. you need at least two people before you can speak about equality – the prescription here is comparative: people ought to be equal in some respects to other people, mostly to all other people, but not necessarily. Perhaps people should be treated in an equal way by other people in certain circumstances (e.g. the ballot); or perhaps their opportunities should be equal to those of other people; or perhaps their basic resources should be equal to those of other people etc. (More below).

So prescriptive equality has two different aspects: people should be equal

  • in certain respects (equality of what: treatment, resources; opportunities etc.), and
  • to certain other people (equality of whom: we’ll see below that in some cases all people should be equal but in other cases only some people or people belonging to a certain group).

Prescriptive equality will also answer the question: why should people be equal in certain respects and to certain/all other people? Why is this equality important and why is its absence a problem? The remainder of this post will focus on prescriptive equality.

Universal or specific equality

Prescriptive equality can be either universal or specific. Since equality is a moral concept, we see in most cases that the equality claimed by people is a universal one: people want to be equal in some respect to all other people. The claims by victims of racism, discrimination, oppression etc. fall under this heading. However, equality can also be more specific: people may want to be treated equally compared to certain other people, and therefore, logically, unequally compared to the rest of humanity. An example of that is Aristotle’s claim that we should treat “like cases as like”. Cases that are unlike each other should sometimes be treated unlike each other. The classic example is that of students: we usually sense that there is something wrong when a teacher systematically gives the same grades to everyone, the meritorious as well as the lazy. Equal treatment in such cases should be limited to similar people, in this example people with similar merit.

Other examples of a non-universal notion of equality:

  • A sick person has other needs than a healthy person. Treating them equally doesn’t sound right. However, giving help to one sick person and not to another also doesn’t sound right. Equality here means equal treatment of all sick persons.
  • People who are themselves responsible for their unequal position because of their own free decisions – for example the so-called undeserving poor – will have more difficulties making the claim that society should restore their equal position – in this example, deliver some basic goods.

Instrumental and non-instrumental equality

The previous distinction leads to another one: suppose that you value equality not for its own sake but as a means for another goal, say solidarity. A more equal society is then supposed to be one in which people care more about each other, which in turn can be a means for yet a more profound goal, for example stability. In that case, it won’t make a lot of sense to adopt a universal type of equality (see above). You’ll focus instead on the equality between members of a specific community. If, on the other hand, you value equality for its own sake, then there’s no reason to limit the egalitarian concerns to a given community. However, an instrumental type of equality is not necessarily specific. It can be universal if the goal that is served by equality is a universal goal. An example of such a goal could be dignity.

Absolute or limited equality

If equality is a value in itself and not the means for achieving other values, and if it is, at the same time, a value that takes priority over all other values and that cannot be limited by other values, then we have a problem. Because in that case,

there is something good, from the standpoint of egalitarian values, in bringing about equality or a clear move in the direction of equality by making better off persons worse off without bringing about any offsetting gain at all to worse off persons. Suppose there are rich peasants and poor peasants and there is nothing we can do to improve the lives of the poor peasants. We could, however, burn the grain storehouses of the rich peasants, rendering them worse off but still no worse off than the poor peasants. … If equality were to be deemed a value that takes priority over all others, a trumping value, then we would be committed to asserting that the state of affairs after levelling down is all things considered morally better than the status quo ante. (source)

And that’s highly counterintuitive. This doesn’t mean that equality shouldn’t be a non-instrumental value; only that it shouldn’t be both a non-instrumental and an absolute value at the same time.

Formal or substantial equality

Equality can be either formal or substantial equality. An example of formal equality is legal equality: all people have the same legal rights – e.g. equal human rights – and all people are equal before the law. Marx has famously ridiculed this formal equality, saying that it has no meaning for the poor, and can even serve to oppress the poor (it’s therefore a negative instrumental equality). A rich and a poor person both have the same legal rights, but the rich person can use these rights more and better than the poor person, sometimes even against the interests of that poor person. Hence, formal equality leads to substantial inequality. However, I’ve argued elsewhere that formal equality isn’t as useless as that. It may be useful but it’s not sufficient, and more substantive notions of equality, such as equality of opportunity, of basic resources etc. are important as well. People shouldn’t only have an equal legal right to something, but also an equal right to access the means necessary for the enjoyment of that right. Those means can be food, education, opportunities etc. Let’s have a closer look at some of those more substantial types of equality.

Political, legal, economic or social equality

So universal equality isn’t only legal equality but also political, economic or social equality. Political equality means that all the citizens of a country should have the same political power. That usually translates into equal voting rights in a democracy – which are legal rights – combined with some more substantial equality like equal education, education being a prerequisite for adequate political participation (so the equal right to education is a “right to access the means necessary for the enjoyment of another right”, in this case political rights).

However, the universality of political equality is often somewhat limited, in a couple of ways:

  • people living elsewhere obviously have no need for political power in our country
  • it’s also limited to full citizens, controversially
  • and it’s – even more controversially – limited to adult people who are not in prison.

Economic equality is usually understood as the equal distribution – or redistribution – of some basic goods such as food, shelter, health, education etc. (It’s rarely seen as absolute equality of all goods).

Social equality is often a mix of the three previous ones: racial discrimination for example is a violation of the demands of social equality (equality between different social groups), but it often manifests itself unequal voting rights, unequal legal rights (e.g. segregation or Jim Crow) or unequal prosperity between racial groups.

Equal opportunity or equal outcomes

Equal outcomes can be, for example, equal resources: people should have the same basic resources (e.g. a guaranteed basic income). Equal opportunity means that people have the same options in life and the same prospects for preference fulfillment as all other people. The actual outcomes, what ultimately happens to them – whether their lives are equal or not, whether they’re rich or poor – is less important because, given equal starting opportunities, those outcomes are their own responsibility. However, most people would agree that outright misery, even if it’s someone’s own fault and not the result of back luck, discrimination or unequal starting opportunities, should be a legitimate issue of egalitarian concern.

Equality of opportunity then may not be enough but it certainly is important. No one deserves the circumstances, family, class, country etc. into which she is born. She doesn’t even deserve her talents and abilities (or lack of them), to the extent that these are not developed through effort. Bad luck in the natural lottery (talents) or the lottery of birth (circumstances and places of birth) can lead to vastly unequal opportunities. We can’t equalize talents or luck, but we can mitigate the inequalities they create. For example, we can offer some insurance against misfortune, or education as a means to develop abilities.

Quantitative or qualitative equality

And finally, equality can be viewed as a quantitative or qualitative notion. Two people can be equal when they have the same amount of something – e.g. income – or when they have the same characteristics or qualities – e.g. equal rights. Quantitative types of equality are economic equality, political equality in some sense and equality of certain opportunities. Qualitative equality is for example legal equality and social equality.

Why Do We Need Human Rights? (23): Privacy, Justifications and Objections

The right to privacy has become increasingly important and contested. Here are just a few examples of areas in which violations of privacy have become more common over the last decades:

Since it’s always good to cite the Universal Declaration when talking about human rights, here’s the article about privacy (#12):

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Types of privacy

Privacy is what is called a cluster concept: it covers many different things, things which may seem unrelated at first sight. So, before I go on, here’s a short and tentative typology of different kinds of “privacies” (I’ll mention later what they have in common):

  • Domestic privacy. People have a right to remain secluded and alone in their homes, to keep what happens in their homes and houses to themselves, and to repel intrusion. That’s mostly what is protected by the Fourth Amendment in the US. Issues related to obscenity or pornography laws for example also fall under this type of privacy.
  • Personal privacy. People have a right to keep their thoughts, opinions, or feelings to themselves. The secrecy of postal communication for example falls under this type, as does the secret ballot.
  • Physical (or intimate) privacy. People have a right not to expose their bodies, as well as a right to repel physical intrusion into their bodies. Abortion and some security checks belong here.
  • Informational privacy. People have a right to control what happens to information about themselves (or their families), and to limit involuntary distribution or disclosure of such information. Information here means facts, whether embarrassing or not, rather than opinions. The latter are part of libel law. Information about sexual orientation or salaries is an example of informational privacy.
  • Relational privacy. People have a right to keep some of the details about their relationships to themselves. This includes whom they have what type of sexual intercourse with. Sodomy laws violate this kind of privacy, as do laws regulating the use of contraceptives. People also have a right to decide without interference on the type of relationship that suites them best. This covers laws regulating interracial marriages, same-sex marriages etc.

(There’s also the concept of private property, but I think this can be separated from privacy issues, although private property of a home is obviously a necessary condition for domestic privacy, for example).

All these types of privacy have something in common: they are all about independence. Privacy protects an individual’s interest in making independent decisions about her life, family, home, lifestyle, relationships, behavior and communication. All these types of privacy are also about the restriction of access or intrusion. Privacy gives an individual the right to deny access or intrusion by others, more specifically access to or intrusion in her body, her home, her relationships, her mind and certain facts about her life. It’s a right to be let alone.

Justification of privacy

Privacy is justified because it restricts access. Some restrictions of access are necessary for personal identity. There is no “I”, no person, no individual without a border between me and the rest of the world. Such a border is an absolute requirement for the basic human need of personhood and individuality. If people have unlimited access to each other, then there simply won’t be any separate people left. People understood as separate entities require some level of privacy protection. The exact level of privacy and the justified intrusions into people’s private lives are not yet determined by this argument, but the need for some level of privacy and some limitations of intrusions is clear. Other justifications of privacy could be based on the interest people have in intimacy, close personal relationships etc. It’s clear that a world without privacy or even without strong privacy rights would be a horrible world indeed.

Objections to privacy

Some argue that there’s nothing special about privacy and that the concept doesn’t merit an independent existence, let alone legal protection. The many different interests protected by privacy can indeed be protected by other means, such as a right to private property, liberty, bodily security and integrity, or independence.

However, I’m not sure that this is true for all the interests protected by a right to privacy. And an independent notion of privacy gives at least an added protection, partly because of the strong roots of the notion in common language and belief.

Some go even a step further and consider privacy to be detrimental rather than merely superfluous. Marx, for example, viewed privacy as a symptom of an atomized and selfish society, intent on protecting the material self-interest of the haves faced with a possible revolt of the have-nots.

Some feminists as well have forcefully argued that privacy is detrimental to women because of its use as a shield to protect male domination, superiority and abuse. However, it’s not because a right can be abused that it loses all meaning. There wouldn’t be any rights left if that were the case. The challenge is to avoid intrusion in people’s private lives that go too far, while at the same time allowing intrusion that counters abusive private actions. The right to privacy is therefore not an absolute right. But it is a right, and feminists should remember that intrusions into the private sphere can also be detrimental to women (e.g. abortion legislation, forced sterilization etc.).

Marx, Substructure, Superstructure and Human Rights

The substructure, according to communism, is the mode of production or the nature of productive activity. Productive activity means the production, in interaction with nature, of goods necessary to survive. This production requires, on the one hand, means of production (materials, machines, land, tools, labor etc.) and, on the other hand, relations in which production takes place (relations of co-operation or ways of organization such as relations between masters and slaves, employers and employees, landowners and farmers etc.). The combination of means (or forces) of production and relations of production is the mode of production.

The available means of production determine the relations of production. A certain degree of development in the former necessarily produces a certain degree of development in the latter. This idea is the basis of the historical evolution of society that is so important in communism.

In production, men not only act on nature but also on one another. They produce only by co-operating in a certain way and mutually exchanging their activities. In order to produce, they enter into definite connections and relations with one another and only within these social connections and relations does their action on nature, does production, take place. These social relations into which the producers enter with one another, the conditions under which they exchange their activities and participate in the whole act of production, will naturally vary according to the character of the means of production. With the invention of a new instrument of warfare, firearms, the whole internal organization of the army necessarily changed: the relationships within which individuals can constitute an army and act as an army were transformed … Thus the social relations within which individuals produce, the social relations of production, change, are transformed, with the change and development of the material means of production, the productive forces. K. Marx, Wage Labor and Capital

These social relations are therefore independent of the will of the participants. They depend on technology, the availability of land etc. Each major change in the relations of production and the organization of production, caused by changes in the means of production, leads to a major change in the type of society we live in.

The combination of means of production or productive forces on the one hand, and relations of production on the other, is the substructure and determines the superstructure or the collection of different forms of consciousness, such as law, morality, religion, philosophy, politics etc.

The substructure is “the real foundation, on which rises a legal and political superstructure and to which correspond definite forms of social consciousness”. “Economic production and the structure of society of every historical epoch necessarily arising therefrom constitute the foundation for the political and intellectual history of that epoch”.

Politics and law are parts of the superstructure which are determined by the substructure. They are formed by the interests of those who have economic power and they serve to defend these interests. “Political power … is merely the organized power of one class for oppressing another”. “Are economic relations regulated by legal conceptions or do not, on the contrary, legal relations arise from economic ones?” The quintessential example is the right to private property. Owners can use this right to defend their interests against the poor. They can appeal to the judiciary and the police force to defend their property and hence to maintain existing class relations and modes of production.

The right to private property makes it impossible for large groups of people to have their own means of production and hence to be economically independent and self-sufficient. In other words, it makes it impossible for people to be free.

However, the law is not only something that can be used to justify the use of force for the maintenance of the status quo. The use of force by the state for the defense of the right to property is not necessary when the poor can be convinced that this right is in their interest, that it is a human right rather than a right of the wealthy. The economic relationships and structures are maintained with political and legal force but also with legal ideology.

All ideologies are similar. Christianity can convince people to accept their situation by promising salvation in a future life, and the ideology of human rights does the same by convincing people, all people, that they have the same rights and that they are therefore equal. When this universality and equality of rights is accentuated, people do not see that others who have the same equal rights profit more from these rights. Human rights give the impression of guaranteeing freedom and equality but in reality give those who are better off tools to improve their situation even more, and at the expense of the poor. Instead of real equality there is only legal and formal equality, and the latter takes us further away from the former because the rich can use their equal rights to promote their interests. Rights give us the freedom to oppress rather than freedom from oppression.

Human rights, according to communism, are “an illusory sense of community serving as a screen for the real struggles waged by classes against each other”, an ideological veil on reality, a set of false ideas that has to cover up class rule and make it acceptable. The continuation of inequality by political and legal means is based on the combination of coercion and false consciousness. Christians are equal in heaven and thereby maintain inequality on earth, and believers in human rights are equal in the heaven of their political ideals and thereby forget the inequality that these ideals help to maintain. Again we see how the ruling class uses ideology rather than mere force to maintain its rule. It tries to instill certain beliefs in its victims and to use these beliefs as a drug, an opium to pacify them.

Like the protest inherent in the Christian ideology of a future paradise must be maintained but stripped of its ideological content, so the ideal of equality inherent in human rights must be maintained but in such a way that it becomes real equality in a real and worldly paradise, and not some kind of formal equality of rights that only aggravates real inequality and postpones paradise to the afterlife. The poor must become conscious of the fact that their formal equality only covers up their real inequality. This consciousness will be an important step in their liberation. However, as we will see later, this consciousness is conditioned by and can only come about at a certain time in the evolution of exploitation. It cannot result from education or political agitation alone.

The Ethics of Human Rights (34): Human Rights, Moral Universals, and Cultural Relativism

The universality of human rights is arguably their most important attribute. I won’t repeat my arguments in favor of this claim. “Universality” here obviously means something like “universal value”, “universal importance”, “universal moral claims” or “universal desirability”, not factual universality. Human rights aren’t universally protected. If they were, we would hardly need them. I also won’t repeat what I’ve said before on the means to go from merely moral or legal universality to actual universality.

Now, I’ve gone so far as to claim that human rights not only should be universal values (for reasons specified elsewhere), but in fact are universal values. The fact that they are regularly violated doesn’t change the equally salient fact that they are universally recognized as important moral goals.

However, claims of the existence of so-called moral universals, and especially claims that some moral values should be universals, immediately provoke the counter-claim of cultural imperialism. Supposedly, different cultures have developed their own moral codes, adapted to their own identity, circumstances and history, and moral diversity is a more important goal than moral universals. This counter-claim is often categorized under the heading of cultural relativism.

Personally, I believe that moral diversity and cultural identity are indeed important values, but also that moral diversity and relativism can be and often are used as a justification for rights violations that are contingently rather than culturally motivated (see here and here for my criticism of cultural relativism). And anyway: the existence or the promotion of moral universals in some areas of life doesn’t have to exclude moral diversity in other areas. It’s not because some values are or should be moral universals that all other values, cultures or identities are in danger of disappearing altogether. We can have both: moral universals and moral diversity. And both can reinforce each other if we manage to argue convincingly that some moral universals aren’t just export products, or the result of colonialism or of the omnipresence of the western type of state. Indeed, I believe that globalization, assimilation, colonialism, trade and universality of the modern nation state all contributed to the existence of moral universals, but also that some universals are the product of a global convergence of genuinely local moral rules. (I’ll try in a future post to give an overview of the origins of human rights in different cultures of the world). If we can show that all or most cultures in the world have independently arrived at the same or similar moral rules, then we have moral universals that are build on respect for moral diversity and not just on the export and imposition of one morality on the rest of the world.

However, that’s extremely difficult to prove. It’s relatively easy to show that some moral values are in fact moral universals, but it’s much harder to show why they are moral universals: are they because they have been imposed through colonization, promoted through trade etc. or because they have grown “organically” from within the different cultures that have converging rules? Still, what we can argue is that when there are universals, the burden of proof is on those wanting to argue that they are not genuine but the result of external imposition. The existence of universals is a prima facie argument for their “genuineness”. Also, what’s genuine? Even values that have been imposed or imported a long time ago can have become the genuine morality of the people concerned.

Some evidence of the actual existence of moral universals comes from a paper about a comparative law investigation into the universality of the prohibition of homicide. Such a prohibition is an indication of the moral value of the right to life. The paper shows that this prohibition is in fact universal. Of course, the paper focuses on the law, and the law is at best an imperfect witness of morality (Marx would argue that it is rather an instrument of immorality). But the law is easier to find than morality. And – again – the burden of proof is on the opposing side: if the law indicates universality – as it does in this case and in many others – then it’s up to those claiming non-universality to give counter-evidence.

Why Do We Need Human Rights? (15): Is Human Rights Talk Mere Signaling?

There’s certainly a lot of signaling going on in human rights talk. People who engage in human rights talk don’t necessarily have as a first priority the goal of improving respect for human rights, but rather want to convey some meaningful information about themselves and use human rights talk to do that.

For example, it’s possible that some of the people who are very expressive about perceived discrimination of a particular minority group may be primarily motivated by a possible leadership position within that minority group. Their human rights talk signals leadership aspirations. Some allegations by torture victims may not be intended to stop a torture regime, but to signal extremist credentials to like-minded people. Also regarding torture, I’ve written not so long ago about a study suggesting that some governments sign torture conventions, not to rid the world of torture, but to signal ruthlessness: they sign the convention and just continue their torture methods, thereby telling their victims and their population in general that they are so powerful that they can voluntarily submit to laws and then deliberately and openly break them in the face of impotent international opprobrium.

Another example is the ritualistic condemnation of China’s human rights record. Western leaders, when visiting China or playing host to Chinese leaders, are expected to repeat some standard phrases about human rights in China. That’s what their national constituencies expect from them, and they grudgingly comply. It has become part of protocol, like kissing the Pope’s ring. It’s utterly meaningless because real action to pressure China is completely lacking. China knows this, but goes along and issues its equally ritualistic counter-claims of national sovereignty blah blah. The West signals that it cares about human rights; the Chinese leaders that they don’t.

Something similar is happening with universal jurisdiction. Countries engaging in universal jurisdiction often start court cases against foreign dictators, without the slightest hope of actually punishing and imprisoning those dictators, but at least they signal that the “world community” doesn’t silently accept atrocity. And perhaps they also signal their own country’s moral superiority. A lot of human rights talk seems to be about moral superiority.

Karl Marx already identified signaling as a important function of human rights, although he pushed his point a bit too far. Human rights, according to him, are an ideology. An ideology pretends to be a description of the world but in reality it masks certain key aspects of it in order to maintain the economic status quo. It is an instrument in the continuation of the existing social order. Those who may threaten the status quo in a revolutionary way can be convinced by the ideology of human rights to work within the system and struggle for equal rights. However, these equal rights, according to Marx, can only deliver formal equality, not real equality. Only a revolutionary overthrow of capitalism can achieve the latter. Human rights signal equality but in reality serve to maintain class rule.

Those who benefit from the existing order and who are therefore part of the ruling class, will tend to produce and propagate ideologies. Religion is another example of an ideology, and one that works in much the same way as the ideology of human rights. Desires that can harm the existing order and the status quo – such as desires for equality – must be neutralized. The idea of the Christian paradise expresses certain desires for a better world but makes it impossible to realize them and to threaten the existing order. By convincing people that these desires can only be realized in the afterlife, the idea or better ideology of paradise pacifies relationships in this life. Why revolt if you know that equality and happiness are there for the taking in a future life? Especially when you will only get paradise if you respect morality in this life and when morality is often and conveniently incompatible with the consequences of revolt.

Religious ideology neutralizes desires by situating them in the afterlife. Religion is opium for the people, a drug that makes them forget the pain of this world, or at least convinces them to accept this pain, because pain can lead to revolt and those in power never like revolt. Something similar is inherent in the ideology of human rights. The use of force or coercion by the state in the defense of the right to capitalist property, for example, is not necessary when the poor can be convinced that property is a human right which is in their interest, rather than a right of the wealthy. The economic relationships and structures are maintained with political and legal force but also with legal ideology.

All ideologies are similar. Christianity can convince people to accept their situation by promising salvation in a future life, and the ideology of human rights does the same by convincing people, all people, that they have the same rights and that they are therefore equal. When this universality and equality of rights is accentuated, people do not see that others who have the same equal rights profit more from these rights. Human rights signal freedom and equality, and give the impression of guaranteeing freedom and equality, but in reality give those who are better off tools to improve their situation even more, and at the expense of the poor. Instead of real equality there is only legal and formal equality, and the latter takes us further away from the former because the rich can use their equal rights to promote their interests. Rights, according to Marx, give us the freedom to oppress rather than freedom from oppression.

Human rights, he says, are a set of false ideas that have to cover up class rule and make it acceptable. The continuation of inequality by political and legal means is based on the combination of coercion and false consciousness. Christians are equal in heaven and thereby maintain inequality on earth, and believers in human rights are equal in the heaven of their political ideals and thereby forget the inequality that these ideals help to maintain.

I think that view is far too pessimistic and takes the signaling thing way too serious. It ignores the transformative power of human rights. There is signaling going on in human rights talk, but a lot of other stuff as well. Some talk is really aimed primarily or exclusively at a real transformation of reality toward a higher level of human rights protection. And a lot of that talk really works in the sense that life is changed by speech. Sometimes human rights aren’t about human rights, but often they are.