There Is No Morality, and That’s a Good Thing

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Moral philosophy is an infamous mess. However, this mess, which moral philosophers have inadvertently foisted upon us, may in the end do us a favor: by trying in vain to come up with a coherent and convincing system of morality moral philosophers may have shown that there isn’t in fact something called morality.

But let’s take a few steps back first. Why is moral philosophy a mess? After 2000+ years of trying, not even the brightest minds have produced a morality that’s the least bit convincing. There isn’t even a shred of promise that something convincing is somewhere around some distant corner. For example, your theory might require a bit of rethinking if it states that to act morally you have to

  • Tell an inquiring murderer the whereabouts of your targeted friend
  • Engage in infanticide
  • Prefer a society with billions of people living only a marginally worthwhile life to a small society of very happy people
  • Harvest the organs of a perfectly healthy individual in order to save 5 very ill and possible terminal patients
  • Be as greedy as you can be so as to make tons of money that you can then donate to some hypothetical other people who I suppose shouldn’t follow the rule to be greedy
  • Engage in mutually advantageous exploitation
  • Etc.

However, “rethinking” won’t do the job. Moral philosophy has been “rethinking” for ages, and the only thing to show for it are increasingly exotic and outrageous moral systems that refute one another and that can never and shouldn’t ever be the guide to anyone’s daily actions. You have very imaginative constructs like negative utilitarianism or esoteric consequentialism that have had about as much traction as a spider in a bathtub. Or you have hybrid systems such as rule utilitarianism, threshold deontology or luck egalitarianism that look like desperate attempts to bridge contradicting theories and offer a unified and irrefutable system without the unsavory parts of its components. Qua traction they aren’t any better.

Of course, it’s not because a theory lacks traction that it isn’t correct. Lots of unpopular things are correct. But the general persuasional failure of moral philosophy does indicate a deeper level of failure. Maybe moral philosophy fails because it tries to find a good explanation of something that doesn’t exist. And maybe it makes the same mistake as theories about the Martian canals, Aether or other Phlogistons. (Some ominous parallels perhaps to theories about free will or the Mind).

But if there is no morality, then how do we explain the sense of morality? It’s quite common for people to have a sense of right and wrong, to have a distaste of doing wrong, to oppose wrong when they see it done, to avoid harming others etc. The failure of moral philosophy to come with a good system doesn’t change this fact and doesn’t undo the reality of this moral sense. But if it’s true that there is no morality then this moral sense is an illusion, right? Not necessarily. Moral intuitions such as “do no harm” and “do unto others as you’d have done to you” are not necessarily proof of the existence of something called “morality”. These intuitions are perhaps based on mere self-interest rather than being the result of a moral system. We follow these intuitions in our daily actions not because a system of morality (or a God for that matter) demands this of us, but because doing so furthers our interests.

For example, we have an interest in a prosperous life, but in order to have a prosperous life, we need bakers, butchers, shopkeepers and the like to be able to prosper as well. We need peace, but peace is a public good: if we have it, others have it as well, and the only way to have it for ourselves is to try to give it to others. Reciprocity also explains the intuitions against harming others. If we refrain from harming others we may expect others to reciprocate, for different reasons: those others have no reason to retaliate; they make the same calculation as we do; and there is habit-formation in rule respecting behavior. There is a whole field of game theory that is based on similar assumptions. And the scientific inquiry into human evolution also gives support, as it seems that a lot of morality has an evolutionary basis.

So we end up with “values” that are really self-interested rules which happen, by chance alone, to benefit others. And which, because of these benefits, appear to be morally inspired, altruistic and benevolent. This appearance in turn has produced a whole field of philosophy that, in my mind, mistakes the appearance for the underlying reality.

PS: how do human rights fit into this? If I were famous I would be famous for my interest in and promotion of human rights. Isn’t that a moral stance? Aren’t human rights based on a moral theory? Or aren’t they a moral theory themselves, equivalent to utilitarianism and such? Not in my understanding of human rights. Of course, if you believe that human rights are divine commands or a tool to enforce a consequentialist or deontological morality, then the possible non-existence of morality undercuts the system of human rights. But in my view human rights are tools to promote interests. (I have an older post here explaining my interest-based approach to human rights. And another one here about selfish reasons to respect human rights. A more concrete example is this post about the attractiveness of religious liberty to those who hate it, namely those of us who are most ardently religious. There is also a subset of human rights violations that is relevant in this context, namely boomerang human rights violations).

The absence of a link between human rights and morality also explains

More about human rights and morality here.

Human Rights and Negative Utilitarianism

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nuclear explosion

 

Lots of people define human rights – mistakenly as I argue below – in a strictly negative sense: you can’t torture me, you can’t silence me etc. The duty bearers in such a system of human rights have exclusively negative duties: abstain from doing what harms my rights, and omit actions that go against my interests or diminish my dignity. The only positive thing that duty bearers are obliged to do is to protect us against others who fail to abstain or forbear in ways that are required by my rights.

In this view, rights serve to avoid the terrible rather than achieve the best. They put limits on what people can do, rather than allowing them to do things.

Hence the temptation to link human rights to so-called negative utilitarianism. Instead of maximizing overall happiness, pleasure or preference satisfaction as in traditional utilitarianism, negative utilitarianism seeks to minimize pain, harm, suffering and preference negation for all. However, we should avoid linking human rights with negative utilitarianism. While this type of utilitarianism avoids some of the problems of other, more “positive” incarnations of utilitarianism – for example, the problem of accepting the pain of some or inflicting pain on some if that produces a larger quantity of happiness for others – it runs into problems of its own making: e.g. the total destruction of humanity, even if very painful, would no doubt reduce human suffering when this suffering is aggregated over a sufficiently long period of time (very long periods of time when the aggregate suffering is very small). And in any case, negative utilitarianism doesn’t solve other problems inherent in all types of utilitarianism, such as preference adaptation (minimize your suffering or maximize your happiness by being modest and ascetic), objectification and instrumentalization of human beings (kill people that cause some annoyance to others in order to advance the happiness of others or reduce their “suffering”) etc.

Of course, human rights are indeed negative rules of the kind described above. But they’re more than that. They’re not just limits to the depths of evil and inhumanity; they also provide capabilities necessary to reach higher forms of humanity. Free speech rights, for example, counteract censorship and silencing of all kinds, but they also promote the good that comes from liberated discourse and argumentation. (One good being better thinking).

Also from a purely procedural point of view is it wrong to focus only on the negative character of human rights. All rights, even the most “classical” “freedom rights” such as speech, freedom from slavery and torture etc. require both abstention and active assistance. The state not only has to refrain from practicing censorship; it also has to protect its citizens against censorship by other parts of the state or by third parties. And it has to create conditions in which the risk of censorship and of other impediments to speech is minimized. For instance, an educated citizenry is more likely to enjoy its speech rights than one which hasn’t had the benefit of state sponsored education. You need to have things to say in the first place.

This should clear up another misconception in human rights theory, this time about economic human rights. If all rights require both action and forbearance, the supposed distinction between freedom rights and economic rights becomes are lot less clear. More about this here and here.

Is Morality Becoming Harder?

In order to get this post off the ground, let’s assume the following: on the level of general principles, what it is to be moral hasn’t changed a lot over the ages. Help the poor, care for your children, avoid doing harm etc. Being a moral person, however, may have become a lot harder, especially during the last few decades. Harder not necessarily in the sense of the dictates of morality having grown more numerous or more demanding – although they may have (new technologies for example may create new moral rules, but let’s leave that aside for the moment) – but in a negative sense: has it become harder to ignore the dictates of morality?

I think it has. It’s now easier than ever to help the poor: there are websites that tell you which charity is most trustworthy and effective; you can wire money with your phone in less than a minute; information propagation technologies tell us where people suffer the most harm at this very moment, and who’s there to help; evildoers are named and ranked; and so on. This means that the usual excuses for inaction in the face of suffering and harm have lost a lot of their pertinence. How do I know that I’ll be doing something effective rather than wasteful? There are so many evils in the world – how do I select the ones that deserve my moral action? Why do people closer by and more able to help not step up first? Even the dodge that sufferers of harm somehow must have deserved what is coming to them is being undercut by neuroscience and social psychology. For example, it has been shown that adversity at a very young age can have an impact on the brain causing self-destructive behavior in adulthood.

So, the combination of science and technology seems to force us towards morality – to the extent of course that we can agree on what it is to be moral, but I assume here that in general we can. However, if people are being forced towards morality, then shouldn’t we fear a backlash? We don’t like to be forced. If it’s harder to ignore morality, morality may become harder. Harder on us, I mean. Maybe we won’t like to live without our usual dodges.

The Ethics of Human Rights (93): Rights or Duties?

This is a telling result from Google’s Ngram viewer:

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It seems that once upon a time people believed that duties were more important than rights (or, which we assume is the same thing, people wrote more about duties than about rights). This time ended somewhere in the late 1800s. Some would call this the era of morality. The era that followed it would then be the era of “ME”, of individualism, of people’s nascent and by now “overwhelming” urge to claim things for themselves, and to claim them from others, from society and from the state. There is indeed a venerable school of thought that sees rights as amoral or even immoral and as the favorite tool of modern individualists and egoists.

Somewhat surprisingly, one origin of this idea is Marx. Nowadays, however, it’s associated more with conservatism and with so-called collectivist and harmonious “Asian” societies (with or without a history of communism). Or maybe it’s just associated with the self-appointed representatives of those societies, namely the often authoritarian leaders there. Not surprisingly, those leaders are the first beneficiaries of harmony and of a widespread sense of duty.

None of this should be understood as a rejection of the notion of duty. Far from it. One person’s rights are another person’s duties. (See also here). In a sense it is indeed regrettable that duties are apparently going out of fashion.

The Ethics of Human Rights (92): Rights & the Primacy of the Right Over the Good

There’s a longstanding dispute in moral philosophy about the relationship between the right and the good. One can think about ethical matters in two ways: certain actions or types of character are required or recommended

  • either because they achieve some good (defined as a benefit, a valuable goal or an interest)
  • or because they are the right thing to do or the right way to be.

Examples of the good are wellbeing and happiness. An example of the right is promise keeping. What isn’t good may be bad, “suboptimal” or “Pareto inefficient”; and what isn’t right may be wrong or “improper”.

There’s a sense in which the right is obligatory whereas the good is merely desirable. But there may be degrees to this, and an area of overlap. Motivation as well is closer to the right than to the good. One can imagine the good being done without a single person being motivated to do it. In order to do the right thing, however, it’s almost inevitable that one must be motivated to do it. Doing the right thing accidentally or for the wrong reason isn’t a moral act. On the other hand, selfishly increasing your profit and thereby adding to net social wellbeing – through some form of invisible hand or trickle down mechanism – can be morally good.

A focus on the good is more outcome oriented and results in proposals of means deemed necessary in order to achieve valuable goals. A focus of the right is about rules and laws and produces duties and virtues. You can recognize the split between consequentialism and deontology here. This split is present within virtue ethics as well (a goodness virtue would be beneficence, while a rightness virtue would be obedience to the correct rules).

Although the notion of “right” encompasses more than only “rights”, it’s true that rights in general and human rights in particular can be said to be part of the right (other parts are the duty to tell the truth, the duty to show respect etc.). Human rights are not, at first sight, about the good; on the contrary, they trump some considerations of the good. This has been called the primacy of the right. The right constrains the pursuit of the good.

For instance, a utilitarian calculus of the highest good for the highest number of people – whatever the merits of such a calculus in general – should stop being acceptable when it requires a violation of the rights of some. In the classic example: you simply can’t kill one healthy person in order to harvest her organs for the good of 5 terminally ill patients in need of a transplant, even though doing so would achieve the highest good for the highest number of people.

Another way in which rights trump the good: rights are designed in such a way that they create a society in which people are allowed to form and pursue different conceptions of the good life without discrimination or persecution. One can reasonably assume that people have and always will have different conceptions of the good and that they should have the right to freely develop and pursue these conceptions without negative repercussions. Because rights are prior to the good in this sense – they make the creation and pursuit of visions of the good possible – they are also predominant. If the good were to be able to trump the right, we would undermine the good because one conception of the good would then be allowed to override or even destroy other conceptions. That is the inevitable result of allowing rights to be overridden. Only in a world in which we have access to the truth about the good would this be acceptable. But we don’t live in such a world. Hence we need limits on theories of the good (such as the limits on those forms of utilitarianism that allow forced organ transplants; you can come up with more realistic examples yourself).

This is the standard view of the relationship between the right/rights and the good. Even most utilitarians accept this now. I’m not arguing that this view is wrong, merely that it’s incomplete. In one important sense, the good comes before the right. We have rights because we have values that need those rights for their realization. Rights are intended to maximize the good. Of course it’s a minimal kind of good that we’re dealing with here. And because it’s minimal it can be universal. Rights promote values such as peace, prosperity, thinking etc., which – discounting for a negligible degree of dissent – are universally acceptable. Disagreements arise about the specific ways in which rights do or don’t promote these values, about the possibility that some other means are better suited for the goal, or about conflicts between goals and between means. The goals themselves are unquestioned, and one can make a good case that human rights are, in general at least, the best means we have to achieve those goals.

It’s very hard to justify human rights without recourse to prior values. Rights aren’t good in themselves. This priority of the good comes to the fore in discussions about the extent of rights or conflicts between rights. Such conflicts need to be decided on the basis of which conflicting right does most good to the values that are served by rights.

Does my point of view imply that there is a harmony or – as Rawls would say – “congruence” of the right and the good? That they are the same thing or part of a coherent whole? I don’t think so. There will still be things that are right but not good, and vice versa.

More posts in this series are here.

The Ethics of Human Rights (91): Moral Realism vs Moral Subjectivism

Proponents of human rights are often cast as moral realists, and opponents as moral subjectivists. Let’s start with the latter. Opponents of universal human rights tend to be cultural relativists who believe that moral standards and values derive from – “are relative to” – different cultures. When those standards and values are incompatible with human rights, then human rights should give way. Giving priority to human rights would mean imposing the standards and values developed in and by one particular culture onto another. And that would be cultural imperialism and disrespect for human diversity.

My use of the word “developed” is intentional: it indicates that most relativists are also constructivists who argue that moral values are constructed and transmitted, rather than discovered. Not necessarily consciously constructed – more often unconsciously and without planning or intent. Relativists/constructivists argue that cultures refine throughout the ages what is best for them. It’s probably best to call this meta-ethical view a form of subjectivism in the sense that moral standards and values are

  1. rules of conduct specific to a particular subject – a culture in this case – rather than universal and objective, and
  2. subjective in the cognitive sense, meaning created by human subjects rather than a fact that can be discovered in the world.

I personally conform to the standard representation of a human rights proponent since I have my quarrels with cultural relativism as a form of moral subjectivism. I believe in universal rights that should override certain cultural norms. Human sacrifice for instance is wrong. Culturally sanctioned gender discrimination is wrong. And so on. However, this doesn’t mean that I have to reject moral subjectivism tout court and adopt moral realism. I don’t want to claim that statements such as “human sacrifice is wrong” are true in an objective sense, even though I have strong beliefs about such statements. Most moral realists do make that claim. Let’s have a closer look at moral realism and then try to loosen the link between moral realism and human rights theory.

Moral realism is a cognitivist and objectivist theory about morality: some ethical propositions are objectively true, independent of subjective opinion, like some propositions about the world are objectively true. And we can know and discover these objective moral truths. The implication is that true ethical propositions are true independently of culture. “Honesty is good” and “slavery is bad” are moral facts according to moral realists. If some – or all – cultures were to reject these facts and adopt contrary moral values, then that wouldn’t change the true nature of those moral facts. Morality is “out there”, but individuals or cultures can decide to ignore it. A moral realist who is also a rights proponent will say that human rights are true and that opponents of rights are simply mistaken about what is objectively right (or lying about what is right).

I don’t have a very strong conviction about the relative merits of different meta-ethical theories (it’s a tough problem), but I do have my suspicions. I tend to believe that moral realism is wrong. Maybe it’s not, in which case it would be perfectly OK to be both a proponent of human rights and a moral realist. Moral realism certainly isn’t incompatible with human rights. I want to argue against the conventional wisdom that it is necessary to be a moral realist in order to believe strongly in human rights. It’s not. And it’s good that it’s not because it may turn out that moral relativism is wrong, as I suspect.

I defend a position which we could call universalist intersubjectivism (and I’m terribly sorry for the ugly term; I’m sure it’s as catchy as everything else I write). Intersubjectivism means that morality is about opinions, but not about subjective opinions, unfounded opinions or opinions that evolve more or less unconsciously and automatically throughout the life of a culture or a nation. Moral opinions can be good or bad. They are good when they are tested in common deliberation and exchange of arguments between rational subjects – hence intersubjectivism. The goal is to come to some form of agreement – hence universalist intersubjectivism. Intersubjectivism is universal rather than relative, and it’s also a weak rather than a strong cognitivism: we can distinguish good from bad opinions because we have the test of the marketplace of ideas, but the good opinions will probably not ascend to the level of truths. Morality is not (only) the product of cultural development, traditions or evolutionary psychology, but also of reasoning and argumentation. Reasoning, however, that will – most likely – fall short of truth claims.

So I don’t believe in the realism of moral realism. There’s only intersubjective agreement about justified opinions, no objective moral truth. Moral claims such as human rights or the foundational values that require human rights for their realization (e.g. “peace is good”) are not objective moral truths or moral facts but justified opinions that have withstood the test of argumentation in the marketplace of ideas. For example, it doesn’t have to be true that individuals should be treated as moral agents with a right to think for themselves. All we need is that this view about individuals is reasonable, justified and able to survive deliberation and argumentation. It need not even be a very common view, since argumentation may not be close to what it can ideally be. The intersubjective agreement that we aim at is limited to what rational actors can decide to agree to in a setting that is favorable to argumentation. In many circumstances in real life, this setting is absent and actors are less than rational.

When that is the case, intersubjective agreement on the importance of human rights may be a minority point of view. I believe, however, that we can improve social argumentation and extend intersubjective agreement as long as we make the effort of designing and protecting the marketplace of ideas. And as long as we depart somewhat from the moral realist position. The moral realist who maintains that moral truths are “out there” waiting to be discovered, is unlikely to view argumentation as very important. Those, on the other hand, who claim that morality is about argued opinions that can withstand the test of controversy will be more favorable to fostering institutions for argumentation. Moral realists are also more likely to be dismissive of people with the “wrong” views, and dismissiveness has never convinced anyone.

More on the same topic here and here. More posts in this series are here.

The Place of Human Rights in Morality

Morality can be divided into three parts:

  1. the good thing to do
  2. the proper thing to do
  3. and the right thing to do.

1. What you do can be a good thing without it necessarily being the proper or the right thing to do. If your neighbor is ill and you’re washing your own windows, it would be very good of you to also wash his. You would be beneficent. However, it’s obviously not your moral duty to wash his windows and no one will condemn you if you don’t. 

2. A somewhat more demanding type of action is something that you should do (or ought to do, which is basically the same in English). It’s strongly advisable that you help strangers in need. It’s the proper thing to do. You should do it. If you don’t help a stranger in need when you can, you’ll be condemned for your inaction. However, helping a stranger in need is probably not a duty as it is formulated here. It’s too vague. Helping all strangers in need is impossible, and a duty requires the capacity to fulfil it. 

3. Hence a duty is more specific. It’s something you must do – not merely something you should do – and something you have the means to do. Contrary to the good and the proper, it’s compulsory and obligatory. It’s the right thing to do, and you have a duty to do it. In some cases, this duty is based on someone else’s right. You must do something because someone else’s right requires you to do it. For example, you must help the homeless stranger on the corner of your block because that person has a right to a decent standard of living; and you have a duty to pay taxes that will fund a national healthcare system because people – your neighbor but also strangers – have a right to healthcare when they can’t afford it themselves. Or, negatively, you have a duty not to invade your neighbor’s privacy while washing his windows because he has a right to privacy.

However, not all moral duties in this sense have a corresponding right. For example, you have a duty to keep your promises and respect the terms of the contracts you engage in. Like respecting human rights, keeping your promises is not merely a good thing to do or something that you should do. You must do it (unless of course there are good reasons not to; nothing I’ve said here implies that duties should be absolute). But no one has a human right to kept promises. Hence, the class of right actions is larger than the actions (or omissions) required by human rights.

So we have three types of moral actions, each more demanding than the last: the good, the proper and the right. The place of human rights is within the class of right actions. Respecting people’s rights is not merely a good thing to do because you will be condemned if you don’t. It’s also more than the proper thing to do. It’s not just something that is strongly advisable or something that you should do. It’s a duty. You must do it.

Morality is much larger than the duties imposed by human rights, even though respecting people’s rights is obviously a part of morality. Morality is about more than duties, and the duties that are moral are about more than the duties imposed by human rights. 

[This post has been slightly edited post-publication after a remark by ]