I recently began reading The Problematics of Moral and Legal Theory by Richard A. Posner. I have always had an intellectual interest in speculative spheres, from ontology to theories of personality to aesthetics and eudaimonology, as well as more concrete problems of political organization and social order; more empirically: I was a philosophy major in college, and I have been accepted to Law School for next year. This book falls squarely in the intersection of some of my dominant interests. I have never been a big fan of Posner (what little I have read always left me with the impression that he was too enthusiastic about cost/benefit analysis, and that he has mistaken the mathematical convenience of quasi-utilitarian arguments in lazy economics papers for evidence of their validity in application), but I simply can’t resist a book that begins like this:
With terms defined and other groundwork laid, we are ready to proceed to the exploration of the thesis of this chapter: that academic moralism is a useless endeavor.
You see, the utter futility of the academic moralist’s raison d’être, combined with the altogether wrong-headedness of the modern approach to theorizing about moral phenomena, divorced from metaphysics, is the single largest source of my intellectual frustration with the academy. And yes, I am familiar with the so-called (Sokaled?) social critics. I have read Gross and Levitt (and Sokal and Bricmont).
It seems odd to me to sit around and theorize about whether it is “morally permissible” to kill one person with a runaway trolley when the alternative is killing five. [Don’t laugh! This is precisely what academic moral theorists do. More on this below, but for now, take a gander at a Google search on the trolley problem.] Should such an unlikely event arise in actuality, it is highly improbable that even a philosophy professor at the helm of said trolley will engage in anything resembling “moral reasoning” in deciding a course of action. Rather than working through the appropriate hedonic calculations, or poring over class notes (“oh, we resolved this issue in lecture last week!”), a “decision” is likely to be driven by revulsion, horror, panic, and all the physiological trembling that arises when faced with an inescapable and terrible situation. Even over a longer horizon, when a moralist might hope that his dogmas have been absorbed and adopted by a wider population, the physiological reaction is sure to be impervious to enlightenment, and at any rate is ignored by these otherwise brilliant academes.
One of Posner’s primary arguments seems to fall along these lines. It is in precisely the most contentious moral quandaries that an appeal to moral intuitions is most otiose. When we agree, there is no interesting moral dilemma, and on the solution of honest moral problems there is nothing near agreement, and no cogent method to resolve the disputes. Thus, modern, academic moral theory (which generally hinges on an appeal to intuition) is altogether pointless. Unfortunately, even in the first fifth of the book, Posner seems to forget his own point. In trying to show the futility of Judith Jarvis Thomson’s famous analogy between abortion and being stuck to a famous violinist for nine months, Posner writes:
What is important for the present discussion is that abortion is killing rather than letting die. So because opponents of abortion consider the fetus a full-fledged human being—and Thomson grants them their premise for the sake of argument—they consider doctors who perform abortions and the women who hire them to be murderers. This is consistent with not deeming the failure to rescue a true stranger a crime at all even if such failure could be thought a “taking” of innocent life; action and inaction often carry a different moral valence even when the consequences are similar.
Don’t look now, Judge, but you’re making a moralistic argument.
More interesting to me, though, is the separation of moral argument from any metaphysical commitments, a problem which Posner mostly brushes aside. One often encounters in academic debates the question of “moral permissiveness” without any discussion of whose permission is being sought or what the consequences are of acting without it or against it. Many of the partisans involved would respond that we may speak of moral truths much like we might of truths mathematical; namely that we may elucidate them and argue them without knowledge of or commitment to any underlying ontological claims. That we have a moral sense, or that there are moral facts, is as indisputable, and no more unprovable, than that there are such things as numbers. That action x is morally wrong is as true as the irrationality of the square root of 2 (where values of x are determined, naturally, by [rhetorical coercion to] agreement of moral intuitions). The problem is that with numbers (and mathematical objects generally) we have rules for manipulating them and discerning their properties—namely, some axiomatic formal logic structure—but in the moral realm there is no such structure apparent. Most often, the moralist hopes to obscure the rules of debate, which, if articulated, would generally run something like:
- There are such things as moral facts.
- We (I) know there are such things because we (I) have intuitions about them.
- (My) intuition properly, correctly and infallibly discerns those facts.
- This debate centers around (your) uncertainty as to what (my) intuition recommends.
- A solution consists of a reasonably full articulation of (my) intuition.
- The claims of (my) intuition in this particular case may be arbitrarily generalized to moral principles that apply to all problems that can be tortured into vaguely resembling the current issue.
- (My) moral intuitions are the authority for appeals in this debate.
- See point 3.
Let us then return to the trolley problem and the question of “moral permissivity.” Two days ago, I came upon an interesting website—a communal weblog for people somehow connected to the 617 area code who have an interest in philosophical issues. The top post presented a minor variant on the basic trolley problem and asked whether action would be permissible. Naturally, I wondered whose permission was being requested, and I glibly posted my question (along with the requisite reference to Sissy Jupe) as a comment. It was much later (today) when I realized that the initial inquiry had been posted by an Assistant Professor of Philosophy at the University of Wisconsin, a student of Judy Thomson who wrote her dissertation on moral permissivity in trolley situations. I was unable to find an answer to my simple question in her dissertation, but it bears repeating: what does it mean for something to be “morally impermissible?” What happens to someone who acts without or against moral permission? I understand that such an act is supposed be “wrong” (whatever that might mean) but I completely fail to see the practical implications of that wrongness, particularly when the claim is divorced from any metaphysical basis. As far as I can tell, my moral transgressions in this sense allow moral theorists to look upon me with great disdain (“That homunculus didn’t push the fat man! What an unsophisticated moral naïf”) but little else. When divorced of its metaphysical underpinnings, moral theory loses its claim to metaphysical importance.
All this is to say that, even though it is currently 2:30 a.m. and I am exhausted, and that Posner never really discusses the metaphysical problems of modern moral theory, and accounting for Posner’s economic quackery and lack of subtlety, I am looking forward to a good read. The targets are large and plentiful, so the aim needn’t be so precise.
NP: Cowboy Junkies, To Love is to Bury
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Uh-oh Mike,
We need a metaphysical foundation for morality? You’re as far as Kant now. It won’t be too long and you will be approaching (the horror, the horror) some version of REALISM. Heck, you may even begin to speak of natural law and teleology as important concepts in moral reasoning.
To solve the “Trolley Problem,” it may be necessary to know something about the proper ends of trolley drivers, and the ends of mad philosophers and the ends of persons tied to tracks.
Ultimately, neither choice is permissable because it is always phrased in the parlence of “killing one to save five.” This is evil.
However, what can apply here is the principle of double effect. You can divert the trolley to save the five, and accomplish your primary ends with proper means, However, as secondary or “double effect,” the other person dies, although this action is not intended.
What the “brains in vats” seemingly always fail to realize is that tying people to trolley tracks is an evil action, which is not permissible, should these persons die as a result of being hit by a trolley, then the tie-upper, could justly be called a murderer, hence relieving the trolley driver of culpability.
The person who gives permission is, of course, God. Because what ethics and morality are really about is the proper use of His Creation. I know this is merely the answer you would expect from me. But give it some serious thought and some philosophical “tests.”
Ben’s philosophical dictionary:
Morality: The practice of acting in accordance with the proper ends of creation. See also justice.
Comment by ben—September 8, 2003 @ 11:20 am
Actually, I never really saw the connection between metaphysics and ethics until I read Schopenhauer. As much as that man has poisoned my life, I have to say I learned quite a lot from him.
In my metaphysics course in college, I had to write a paper about modal theories and whether I was a “modal realist.” In the end, I concluded that talk of “possible worlds” causally isolated from the actual world made no sense—how could we discern their properties, or verify our claims anent their natures? However, I noticed that my belief would technically qualify as a realist position. I believed at the time that modal statements could, technically speaking, be analyzed in terms of states of affairs in possible worlds, but that there was only one such possible world—namely, the actual world in which we live. Everything that could have happened did happen, and necessarily so. Modal statements, if they are in any way informative, must be understood as attitudinal, expressing desire, or regret, or wishful longing, or something of the like.
Similarly, it seems apparent to me now that appeals to moral authority require some metaphysical underpinning, but that’s not to say you’ll hear me talking of teleology or natural law any time soon. It seems most plausible to me that there are no metaphysical underpinnings of moral claims, and hence that no sense can be made of appeals to moral authority. We may have intuitions about right and wrong, but this is hardly surprising. We also have intuitions about what brand names are most likely to satisfy our consumer desires, without having had any experience with them. We have intuitions about places in the world we would like to visit but have yet to see. We have intuitions about what is really passing through the hearts of our friends and enemies. Often, these intuitions reflect a certain laziness of thought, a willingness to adopt the judgment of others as our own. Often, these others are our parents, our teachers, or whoever takes charge of our socialization in our early childhood. Sometimes, they may reflect general observations of the behavior of others, but more often they are likely to consist of some weak generalization of a specific observation of someone who has left us with a particularly strong impression.
My “intuition” is that I would prefer the trolley to run over the one rather than the five, but if the one were my father, or the five were *NSYNC, I’m not sure my intuition would hold much sway.
From Michael’s Philosophical Dictionary:
Comment by Michael—September 8, 2003 @ 11:47 pm
Help! Neither Amazon, nor eBay, nor my university’s library list Michael’s Philosophical Dictionary. Where can I get it?
Maybe it could solve my problem with philosophy, which is that I enjoy exploring philosophical ideas, but I hardly ever read any philosophical writings, which seem to be dry, abstract and more than anything else confusing. I got to know some stuff about philosophy back at school, but I can’t remember anything. I doubt I could come up with more than three sensible sentences about Kant. I’d rather read a novel or a play than some verbose theoretical writing. Yet Michael’s Philosophical Dictionary might just make a difference…
Jutze
Comment by Jutze—September 9, 2003 @ 7:10 am
What is one to make of our intuition against nihilism?
The difficulty is that we experience real evil in the world. Most of twentieth century Continental philosophy deals with this problem. How do we live with evil, or at least how do we know evil, or how do we deal with evil. Most of these continental “systems” try to skirt the issue by giving evil a new name like “inauthenticity.” That was the answer of the existentialists, but is is unsatisfying b/c some people have been known to be authentically evil. Others, like Rorty, re-locate the problem to the future when we might be judged by “more prefect versions of ourselves,” hence he is able to elevate some sort of hyper-democratic ideal to the near metaphysical. Some re-locate the issue of evil to the arena of power, and hence advocate the deconstruction of power so there will be more equity between competing wills. Most fail to recognize they have undiscovered metaphysical suppositions of their own rooted in the priciples of demoracy or human equality, which despite the noble words of Jefferson are hardly self-evident.
And all of this is driven, more or less by our reticence to embrace nihilism, it is a thought we can not bear for more than a moment or two. Even Nietzsche can’t hold onto to it—he immediately begins a process of transvaluation whereby he re-signifies evil as some sort of inauthentic, or at least a casting of it as gravity, and leaden dwarvenishness as that over which to soar “as an arrow longing for the other shore.”
Telos is as necessary for the human mind as is historicity, indeed it might be considered the more important “half” of the temporality of human thought if we were to look at the child and developing person. Nihilism is in many ways the thought against thought itself—against its very possibility. Even in dispair, our thoughts are anchored both in the past and future as much as in the present. So to with happines, the good, the just, the ordered.
Action, and its necessity, makes necessary purpose in action. Intelligibility presupposes telos. That is the point of Aristotle’s project. We are bound to this Earth, and we will not overcome it, even the superman could not. Yet this is in itself no punishment, for we are not Gods. Things are good and bad, and thinking changes that not.
Comment by Ben—September 9, 2003 @ 1:56 pm
Jutze: the book is in what I like to call “perpetual development”—or, in a word, it doesn’t exist. That is, though, probably a Good Thing™. Dry and abstract seem to by my specialties. I’d also rather read a novel or a play, but the verbose theoretical stuff is all you’re likely to find here for awhile… Sorry. I just don’t know any better.
Ben: As far as I can tell, I have no such intuition against nihilism (though, I must admit, I have never really understood what people mean with that word—every definition I’ve ever read is nonsensical at best). What passes as an “intuition” here suffers from the same problems as any other intuitions to which people might appeal—they are learned. Freud wrote about this very question:
As for evil, well, I don’t think well in such categories, but I will ask you: why should real evil in the world pose any greater metaphysical challenge than plain old savagery, or carelessness, or forgetfulness, or passion, or preference, or judgment of beauty? There may well be real evil in the world, but there are real thunderstorms as well, and real thirst, and real physical pain, and real unpleasantness of a thousand different sorts. Why is this evil, among them, so special? Either they all have metaphysical importance, or none do, or there is something about the one that sets it apart. I don’t see that difference. It wasn’t evil that Nietzsche wanted to overcome; it was the smallness of man.
Not all action requires purpose. Whimsy, caprice, and chance are also real phenomena and are perfectly intelligible. Intelligibility does not require telos; imperatives may be hypothetical, but not all action is imperative. Even driven action may be driven by desire, hunger, curiosity or various visceral motives that hardly presuppose any telos beyond the obedience of an unarticulated command-to-self. Our thoughts are not always anchored in the past or future, for they are not always anchored. In fact, I would argue that attributing thought of any sort to 80% of the population 80% of the time is unwarranted generosity. I can’t bring myself to be so generous.
Comment by Michael—September 14, 2003 @ 12:43 am
Mike,
To address your points is reverse order:
Actions driven by desire, hunger, curiosity or various visceral motives do presuppose a telos, the end of satiety.
You are correct, not all action is imperative, but most of that which is not is habit. See Aristotle on habit.
Whimsy caprice and chance may be real phenomena, but they are not perfectly intelligible. We mave have developed habits to cope with them, but even so, we are driven to see reason in chance and whimsy. See your post above on Red Beer for a delightful example of this point.
True enough, Nietzsche wanted to overcome the smallness of man. But such a task, such an endeavor, is not possible without the thought that man is small and contemptible. Whether Neitzsche wants to accede the point or not, this thought implies a hierarchy of values. To be an arrow longing for the other shore is to fail to move beyond good and evil. His sucess is is only in moving to the man and superman, he still reilies on a metaphysics for which he has contempt, so he doesn’t talk about it.
Evil doesn’t pose a greater metaphysical challenge, but it does pose a greater emotional challenge. It is far eaisier to look at the good and despise it than it is to look at evil and love it. See Schindler’s List for an example of this.
In answer to Freud we have millions of Russians who were raised without the sweet-or-bitter-sweet poison of religion. They still seem to have an aversion to nihilism. But more significantly, Freud’s argument is the genetic fallacy. It doesn’t deal with the reality of an intuition against nihilism, it dodges the issue by explaining it away as a chimera, but this is the real experience of real people. We don’t say such foolish things as people are not naturally walkers because walking is a learned behavior. Why should it be different if we say humans are by their nature moral beings?
I’d suggest that every definition you’ve read of nihilism is non-sensical because the concept itself is non-sensical, it can’t be sustained in thought. We are purposeful beings.
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Comment by ben—September 15, 2003 @ 11:44 am