The Underground Thomist
Blog
The Relativism of Judge Posner (Part 1 of 2)Monday, 10-20-2014
Moral relativism maintains that the natural law cannot exist because morality is different everywhere. In philosophy, the most influential recent advocate of relativism is Richard Rorty, who writes "I do not think there are any plain moral facts out there in the world, nor any truths independent of language, nor any neutral ground on which to stand and argue that either torture or kindness are preferable to the other." In jurisprudence, its most influential advocate is probably Richard A. Posner, judge of the U.S. Court of Appeals for the Seventh Circuit. No babe in the woods, Posner knows better than to flatly deny the reality of moral universals; all cultures recognize the wrong of such things as murder. Rather than denying the point, Posner trivializes it. He doesn’t deny that there are moral universals, but that there are "interesting" moral universals. In his own words: “[M]orality is local. There are no interesting moral universals. There are tautological ones, such as "Murder is wrong" where "murder" means "wrongful killing," and there are a few rudimentary principles of social cooperation -- such as "Don't lie all the time" or "Don't break promises without any reason" or "Don't kill your relatives or neighbors indiscriminately" -- that may be common to all human societies. If one wants to call these rudimentary principles the universal moral law, fine; but as a practical matter, no moral code can be criticized by appealing to norms that are valid across cultures, norms to which the code of a particular culture is a better or worse approximation. These norms, the rudimentary principles of social cooperation that I have mentioned, are too abstract to serve as standards for moral judgment.” ("The Problematics of Moral and Legal Theory," Harvard Law Review, Vol. 111 (1998), p. 1637.) The argument may be put like this: Principles like "Don't murder," "Don't lie," and "Don't break promises" may seem to say something, but this is an illusion. "Murder" means merely "wrongful killing," so "Murder is wrong" translates "Killing is wrong when it is wrong to kill." "Lie" means merely "wrongful falsehood," so "Lying is wrong" translates "It is wrong to tell those falsehoods that it is wrong to tell." "Promise" means only "vow it is wrong to break," so "Breaking promises is wrong" translates "It is wrong to break vows that it is wrong to break." In each case, all that we are really being told is "It is wrong to do what it is wrong to do." True, there is a rudimentary agreement across cultures that at least it is sometimes wrong to kill, to tell falsehoods, and to break vows. But concerning the substance of the matter -- when it is wrong to do these things -- there is no agreement whatsoever. The supposed universals turn out to be mere tautologies; they say literally nothing. Now this is an empirical claim, and as such, it invites investigation. Posner sees the invitation coming and heads it off by sheer assertion. As he obviously knows, natural lawyers would say that discordancy among cultures about killing, telling falsehoods, and breaking vows conceals an underlying unity. There exist certain universal norms -- discovered, not invented -- from which the codes of particular cultures may deviate in various ways, but to which they are better or worse approximations. Though Posner asserts as a given that this is not true, it is not a given; it is precisely what we are trying to ascertain. Are there in fact implicit norms to which the codes of particular cultures are better or worse approximations? Stay tuned: Continued tomorrow.
|
Swinburne on the Rationality of Religious BeliefSunday, 10-19-2014The arguments of Richard Swinburne seem to be well known (and well debated) among professional philosophers of religion, but little known outside their ranks. Swinburne’s Principle of Testimony: “[T]hose who do not have an experience of a certain type ought to believe any others when they say they do -- again, in the absence of deceit or deception. If we could not in general trust what other people say about their experiences without checking them out in some way, our knowledge of history or geography or science would be almost non-existent.” His Principle of Credulity: “Now it is a basic principle of rationality, which I call the principle of credulity, that we ought to believe that things are as they seem to be (in the epistemic sense) unless and until we have evidence that we are mistaken .... If you say the contrary -- never trust appearances until it is proved that they are reliable -- you will never have any beliefs at all. For what would show that appearances are reliable except more appearances? And, if you cannot trust appearances as such, you cannot trust these new ones either. Just as you must trust your ordinary senses, so it is equally rational to trust your religious sense.” Richard Swinburne, Is There a God? (Oxford, 2d ed., 2010), pp. 115-116.
|
Another Sort of HeresySaturday, 10-18-2014Harvard anthropologist David Pilbeam, reviewing a book about human origins: “My reservations concern not so much this book but the whole subject and methodology of paleoanthropology. But introductory books – or book reviews – are hardly the place to argue that perhaps generations of students of human evolution, including myself, have been flailing about in the dark; that our data base is too sparse, too slippery, for it to be able to mold our theories. Rather, the theories are more statements about us and ideology than about the past. Paleoanthropology reveals more about how humans view themselves than it does about how humans came about. But that is heresy.” -- American Scientist 66 (May-June, 1978), pp. 378-379.
|
Tradition vs. TraditionalismFriday, 10-17-2014“Tradition is the living faith of the dead, traditionalism is the dead faith of the living. And, I suppose I should add, it is traditionalism that gives tradition such a bad name.” -- Jaroslav Pelikan, The Vindication of Tradition
|
Left, Right, Prudence, Principle, and Catholic Social Doctrine (Part 3 of 3)Thursday, 10-16-2014So far I’ve agreed with Bishop McElroy that the distinction between principles and prudential judgments should be consistently applied to both social evils and intrinsically evil acts, but I’ve suggested that he is not consistently following his own advice. But there is another way he might have made his argument, and I think it would have been stronger. Suppose we agree that the decision to press for an increase in the minimum wage, rather than, say, a change in vocational training, is a judgment of prudence. And suppose we further agree that the decision to press for a series of graduated restrictions on abortion, rather than an immediate comprehensive prohibition, is a judgment of prudence too. But notice: The Church does press for graduated restrictions on abortion. Why then may she not press for an increase in the minimum wage? If one judgment of prudence is within her purview, why not all judgments of prudence? Aren’t all judgments of prudence the same? What this alternative argument gets right is that the Church does sometimes press judgments of prudence, and not just about abortion. Consider the run-up to the Second World War. She might have contented herself with restating the principles which Nazi ideology denied, but she went further. “With burning concern,” she judged that the Nazi regime had committed atrocities in violation of these principles, and condemned it for them. What the alternative argument does not get right is whether all judgments of prudence are the same. Some are so urgent and obvious that no person of good will could deny them; they are inseparable from the defense of principle itself. But most are either not so urgent, not so obvious, or neither. Principle can be defended without insisting on them, and reasonable debate among persons of good will may even improve them. The Church must ardently press the former kind of prudential judgment. With equal ardor, she must resist the temptation to press the latter kind. Sadly, human beings are capable of dispute even over the question of which things are reasonably indisputable. It is sufficient to point out that this does not imply that they all really are.
|
Left, Right, Prudence, Principle, and Catholic Social Doctrine (Part 2 of 3)Wednesday, 10-15-2014As we saw yesterday, Bishop McElroy doesn’t argue that we shouldn’t distinguish between basic principles and prudential judgments, but that that we ought to apply this distinction consistently -- not only when we are considering social evils such as poverty, but also when we are considering intrinsically evil acts such as abortion. I closed by saying that this is an excellent point, but the devil is in the details. Why? First a bit more explanation. Concerning poverty, the bishop says the principle which cannot be denied in good faith is that “Catholic teaching demands robust and effective legal sanctions against abortion.” Refusal to support legal restrictions on abortion is inexcusable, even if a legislator argues “that he is in fact doing more to reduce abortions by his support for aid to the poor and health care programs.” On the other hand, reasonable persons may disagree about questions like these: “Should the law criminalize abortion for the mother or for those performing the abortion? Alternatively, should there be noncriminal sanctions? What is the best pathway to outlawing abortion: a series of graduated proposals beginning with parental notification and prohibitions on late-term abortion, or an immediate full court press for comprehensive prohibitions?” Concerning abortion, he says the principle which cannot be denied in good faith is that “In addition to promoting conditions that provide meaningful jobs for their citizens, nations must provide a humane threshold of income, health benefits and housing.” It would be utterly unjust to “systematically . . . decrease governmental financial support for the poor,” “reduce development assistance to the poorest countries,” or enact “tax policies that increase rather than decrease inequalities.” But reasonable persons may disagree about “financial structures,” “incentives for wealth creation,” and “income support programs that enhance rather than undermine family life.” Now that devil. The first difficulty with these examples is that the bishop’s statement of the principle to be defended concerning abortion is far too mushy. He should at least have said that abortion should be discouraged in every practical way, including robust and effective sanctions, sanctions implemented with the greatest possible swiftness and urgency (conceding that since citizens both in and out of government have to be persuaded, the swiftest possible way might conceivably be a series of graduated restrictions, becoming tougher over time). More to the point is the second difficulty. Although the bishop complains that the distinction between principle and prudence ought to be applied consistently, he does not consistently apply it either. To keep the distinction straight concerning poverty, he should have said something like “governments must earnestly seek the most effective means to raise the level of meaningful employment at good wages, and to ensure that all citizens have access to decent housing and health care.” This would leave open just what the most effective means actually are. Instead he says the government should simply “provide” people with these good things. It may seem a dubious proposition that the poor are really better off if governments simply hand over income with no strings attached, but whether dubious or not, it is a judgment of prudence. If the bishop thinks it is not a judgment of prudence but a principle of “economic justice,” all I can say is that St. Paul disagrees with him: “If anyone will not work, let him not eat. For we hear that some of you are living in idleness, mere busybodies, not doing any work” (2 Thessalonians 3:10–11). Notice too that the bishop wants to have it both ways. To say as he does that reasonable people may disagree about how income support should be structured is to say there may be strings attached. Yet his warning that such support may not be systematically decreased is to say there may not be. For what is it to enact, say, a work requirement, but to say that for good reason, the income support of those who refuse to work shall be systematically decreased? Conclusion tomorrow.
|
Left, Right, Prudence, Principle, and Catholic Social Doctrine (Part 1 of 3)Tuesday, 10-14-2014A long-running battle between the so-called Catholic left and the so-called Catholic right concerns which political issues the Church should speak about and which ones she shouldn’t. One crucial distinction is that teaching the basic principles of Catholic social doctrine go to the heart of her charism, but she has no special expertise in prudential judgments about how to apply them. For example, the Church rightly insists that the effect of laws and policies on the poorest and most vulnerable must be considered before their effect on other groups. This is a principle of social doctrine. But she is not qualified to say whether a high minimum wage would help the poor by raising their incomes, or hurt them by throwing marginally skilled laborers out of work. This is a judgment of prudence. As my choice of example may suggest, I think the Church often blurs this distinction. After all, the U.S. Council of Catholic Bishops thinks that it is qualified to analyze the effects of the minimum wage. So when a friend told me about an article in America, which according to my friend denied that the distinction between principle and prudence has merit anyway, I expected to disagree with it. Well, I disagreed with many things in the article, but to my surprise, it didn’t deny that distinction. It was actually making a point about a different one, between social evils and intrinsically evil acts. But in the course of the argument, it came very close to a third distinction, and that one is crucial. Could unraveling these three distinctions help Catholics who want to be faithful to the teachings of the Church but who disagree about governmental social policy come a little closer? I hope so. Let us try. The article, “A Church for the Poor,” is by the most rev. Robert W. McElroy, auxiliary bishop of San Francisco. He writes, “It is frequently asserted, particularly in election years, that issues pertaining to intrinsic evils do not necessitate prudential judgment, while other grave evils like war, poverty or the unjust treatment of immigrants are merely prudentially laden issues on which people of good will can disagree.” But “the truth is that prudence is a necessary element of any effort to advance the common good through governmental action.” In other words, Bishop McElroy accepts the distinction between basic principles of Catholic social doctrine and prudential judgments about how to apply them. His complaint is not that we shouldn’t distinguish them, but that we ought to apply this distinction consistently—not only when we are considering social evils such as poverty, but also when we are considering intrinsically evil acts such as abortion. Both kinds of issues involve core principles of Catholic teaching which cannot in good faith be denied and both of them involve prudential judgments about which reasonable persons may disagree. Excellent point. The devil is in the details. Part 2 tomorrow: What devil? What details?
|
