Category Archives: Foundations of Ethics

Reasons for rights

12 Sunday Apr 2015

Posted by in Analytic Tradition, Deity, Foundations of Ethics, German Tradition, Human Nature, Morality, Politics, Roman Catholicism

≈ 7 Comments

Tags

, , , , , , , ,

We have seen over the past few posts that while the idea of individual rights is not just a modern invention, it also is far from a universal one. Rights are not obvious or commonsensical. Contra the American Declaration of Independence, they are not self-evident.

Rather, rights need reasons. If one wants to get to the truth of the matter (and not merely to achieve an expedient political deal), it is never good enough to say something should be done for, or not done to, a person “because he has a right to it”. The right itself requires a justification. Sometimes one’s interlocutor already agrees that the person has this right, but in many cases – the most important cases – they do not in fact agree.

This point is easy to lose sight of, perhaps especially in the contemporary United States where the opposing political sides rarely speak to each other. Each side insists it is defending rights: the employee’s right to contraception, Hobby Lobby‘s right to refuse to provide contraception on religious grounds, the fetus’s right to life, the woman’s right to an abortion. But what is in question here – assuming we acknowledge the existence of rights in the first place – is who has which rights. And then we need to provide reasons.

On Leif Wenar’s modern definition, a right is an entitlement. Historically, when William of Ockham articulated a concept of rights that would get increasingly taken up in the years following, it was a potesta licitas: a legal power, a power of licence. Key to a right is an entitlement or licence that implies an obligation of others to respect it.

But who grants the licence, the entitlement, the permission? Continue reading →

The history of rights (II)

29 Sunday Mar 2015

Posted by in Epics, Foundations of Ethics, Greek and Roman Tradition, Metaphysics, Morality, Politics, Roman Catholicism

≈ 19 Comments

Tags

, , , , , , , ,

Last time I began exploring the history of the concept of rights (as in human or civil rights), through the works of Michel Villey and Brian Tierney. I noted that the concept as we now understand it has its roots in Latin ius, which had a meaning more like law and one’s proper share than like rights. How did this concept become the concept of individual rights that we now have today?

Villey lays the blame (and for him it is blame) on one key thinker, William of Ockham (or Occam). Continue reading →

What’s wrong with rights

01 Sunday Mar 2015

Posted by in Foundations of Ethics, Morality, Politics

≈ 11 Comments

Tags

, , , , ,

Few concepts are more ubiquitous in our political vocabulary today than rights – human rights, civil rights, equal rights. It is a widespread concept even in non-Western thought about politics, let alone Western. We could try to reject the concept, but that would require great effort, intellectual as well as political – for it would necessarily be reactionary, an innovation through conservatism. A literal conservatism would have to accept the idea of rights, given how intricately woven it is into the fabric of our political discourse. We cannot do without it lightly.

Yet few concepts are also so difficult to defend. Rights-based arguments often get nowhere, because the rights asserted are typically in obvious diametrical contrast: the fetus has a right to life, the pregnant woman has a right to control her body, now what? Rights are typically supposed to be something different from utility; they are not the sort of thing one can trade off and weigh. (That is the role they play in the thought of John Rawls, for example, where protecting individual rights takes “lexicographic” priority – that is, always comes first – over maximizing the welfare of the worst off.) So when competing rights are asserted, too often it leads not to reasoning but to combat. Sometimes the combat is judicial, as over the rights declared in the American Constitution; but those only happen to be the rights articulated by one country’s laws at one point in time. The force of the concepts of civil rights or human rights can only derive from them being something higher, truer, than what happens to be one existing state’s law. Continue reading →

Goodness as preventing suffering

01 Sunday Feb 2015

Posted by in Anger, Flourishing, Foundations of Ethics, Free Will, Judaism, Karma, Mahāyāna, Metaphilosophy, Metaphysics, Morality, Patient Endurance, Self

≈ 10 Comments

Tags

, , ,

A while ago I referred to Śāntideva’s thought as “ethics without morality” – a deliberately provocative formulation based on Shyam Ranganathan’s eccentric definition of morality as that which conduces to anger. (I don’t agree with Shyam’s definition myself, but putting matters in those terms for the sake of argument helps us to make an interesting and important point.) The idea for Śāntideva is that because everything has a cause, no one is truly to blame for their actions, and therefore we should not get angry at them.

Mark Siderits, in a 2008 article in Sophia, has called this view “Buddhist paleo-compatibilism”: “compatibilism” meaning roughly that while Śāntideva thinks it morally significant that everything has a cause, he still thinks it appropriate to blame people for bad actions.

I don’t think that that is what Śāntideva means, based on a reading of the Sanskrit text of Bodhicaryāvatāra chapter six. I think Siderits reads a great deal into verse 32 that is not actually there, and that is at odds with Śāntideva’s explicit argument in verses 22-33. But I won’t expand on that particular point here, because overall I find the detailed textual argument less interesting than the more general constructive argument. Continue reading →

Of drowning children, near and far (II)

18 Sunday Jan 2015

Posted by in Analytic Tradition, Confucianism, Family, Foundations of Ethics, Generosity, Morality, Prejudices and "Intuitions", Shame and Guilt

≈ 6 Comments

Tags

, , , , , , ,

Last time, I observed Peter Singer’s proposed radical revision of our moral views – the claim that, when we keep money that we could give to help the starving or diseased without major sacrifice, we are doing something as bad as if we let a drowning child drown. Is Singer right?

At the heart of Singer’s argument, by his own reckoning, is this principle: “if it is in our power to prevent something bad from happening, without thereby sacrificing anything of comparable moral importance, we ought, morally, to do it.” He explicitly states that the implication of this “ought” is duty and obligation, not merely charity and generosity. It is not just that sacrificing one’s own comfort and pleasure to help those in need is good, but that any refusal to do so is bad, something deserving of one’s own guilt and shame and others’ condemnation.

Now on what grounds should we accept this principle, if indeed we should? Continue reading →

Of drowning children, near and far (I)

04 Sunday Jan 2015

Posted by in Analytic Tradition, Confucianism, Foundations of Ethics, Generosity, Human Nature, Morality, Prejudices and "Intuitions", Shame and Guilt

≈ 6 Comments

Tags

, , , , , , ,

The image of a drowning child is a vivid one – enough to make it a key example in two very different traditions of moral philosophy. In ancient China, Mencius used the image to illustrate humans’ natural inborn moral benevolence: we would all “have a feeling of alarm and compassion” at such a sight, and not out of any form of self-interest. Thousands of years later, in the early 1970s – when Chinese philosophy was known to the West but it would rarely have occurred to a Western philosopher that he should study it – the Australian utilitarian philosopher Peter Singer used the same image. In his famous article “Famine, affluence and morality”, written in 1971 and published 1972, Singer says this:

if I am walking past a shallow pond and see a child drowning in it, I ought to wade in and pull the child out. This will mean getting my clothes muddy, but this is insignificant, while the death of the child would presumably be a very bad thing.

But Singer puts the image to a very different use than Mencius. Continue reading →

Śabda and the sciences

12 Sunday Oct 2014

Posted by in Cārvāka-Lokāyata, Epistemology, Faith, Foundations of Ethics, Hermeneutics, Philosophy of Language, Philosophy of Science, Prejudices and "Intuitions", Sāṃkhya-Yoga

≈ 1 Comment

Tags

, , ,

One of the key debates in Indian philosophy is what counts as a pramāṇa: an instrument of knowledge, a “reliable warrant”, a means of knowledge reliable enough that one can be reasonably confident to take its conclusions as true. What counts as a pramāṇa? Many Indian philosophers will provide a numbered list of them.

In the empiricist tradition that remains popular in the West, boosted by the discoveries of natural science, only experience is admitted as a pramāṇa: to a full-blown empiricist, nothing counts as knowledge if it doesn’t ultimately have its roots in experience, based in some sort of direct perception. (Ken Wilber’s thought has come to take this position more and more over the years, to its detriment.) The debate over pramāṇas in modern Western philosophy is often framed as one between empiricism and rationalism. That is, where empiricists admit only experience as a pramāṇa, rationalists also allow reasoning an independent validity: some things can be rationally known a priori, independently of sense experience.

Some Indian philosophers have agreed with these views. Continue reading →

The No True Fish fallacy

25 Sunday May 2014

Posted by in Biology, Early and Theravāda, Foundations of Ethics, Logic, Method and Theory in the Study of Religion, Philosophy of Language, Philosophy of Science, Prejudices and "Intuitions"

≈ 5 Comments

Tags

, , , , , , ,

Consider this dialogue:

A: “All fish breathe through gills rather than lungs.”

B: “But whales are fish, and they breathe through their lungs.”

A: “Whales may look and seem like fish, but they aren’t truly fish because they breathe through their lungs.”

To anyone with a rudimentary knowledge of biology, A’s reasoning here must seem sound. Yet among some philosophers with a scientific bent, the structure of the reasoning A employs is often criticized as a logical fallacy. Continue reading →

The accidental Gītā

16 Sunday Mar 2014

Posted by in Epics, Flourishing, Foundations of Ethics, Mahāyāna, Metaphysics, Modern Hinduism, Morality, Vedānta

≈ 4 Comments

Tags

, , , , , , ,

A strange coincidence surprised me as I designed this spring’s course in Indian philosophy – but one that I suspect is quite significant. The coincidence resulted from three of my primary concerns in selecting content for the course syllabus, and I’ll start with those. One of those was, whenever possible, to focus on primary texts – texts actually written by Indian philosophers.

A second primary concern was to stress the connections between theoretical and practical philosophy. Too often, Indian epistemology and metaphysics are seen as purely abstract activities with little relation to one’s ethical conduct or even one’s ultimate liberation, and Indian reflection on practical matters is taken to have little background in that theoretical work (as in Damien Keown’s needlessly pessmistic reflection that there is no such thing as Buddhist normative ethics). It is no wonder that Indian philosophy is so little studied when even those who study it sometimes think its questions tend not to edification.

My reading of Śāntideva convinced me that this is absolutely not the case. Metaphysics is a pervasive concern of his most celebrated text (and one of the most widely read works of Buddhist ethics), the Bodhicaryāvatāra – not only in the ninth chapter, which focuses on it, but in the other more widely read chapters as well. (I gave a talk on this topic at the SACP a few years ago, and am planning on expanding it into a paper for publication soon.) I have come to believe that this is the case more widely in Indian philosophy as well. It’s not always easy to see what the practical implications of Indian theoretical thought are, but I think that they are there, and it was hugely important to me that my course bring them out.

My final primary concern was to bring in modern Indian philosophy, in order to excite student interest and let them know it is not a dead tradition. Continue reading →

Two gods

20 Sunday Oct 2013

Posted by in Deity, Early Factions, Foundations of Ethics, Metaphysics, Vedānta

≈ 1 Comment

Tags

, , , , ,

Last week I examined the theology of Marcion of Sinope, who believed – as did many other early Christians – that there existed two gods, one good and one evil. I argued that Marcion’s theology is an ingenious way for a Christian to make sense of the atrocities in the Hebrew Bible. But this week I want to argue that the appeal of such a theology goes well beyond the interpretation of scripture in the West. Rather, it is also a way to help us understand the world, if we are to take theism seriously. Continue reading →