Tag Archives: law

Of constitutions and the Constitution

20 Wednesday Oct 2010

Posted by in Greek and Roman Tradition, Politics, Protestantism, Roman Catholicism

≈ 17 Comments

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Good news this week: after a difficult, expensive and often harrowing process, I had a successful interview with the American immigration service, so I am now a legal permanent resident of the USA (holding a “green card”). While we waited for the interview, I was reading my notes on James Doull‘s Philosophy and Freedom, and realized it had given me a much better understanding of the country in which I have settled.

One of the more curious features of American political conversation is Americans’ attitude toward their Constitution. In American politics, the Constitution is a scripture, a sacred text; and I do not mean this at all metaphorically or analogically. The Constitution literally is a scripture, for it has the most important hallmark that a scripture has: while the meaning of the text is endlessly debated, the text itself is universally regarded with great reverence and respect. Both of the warring sides of American politics accuse the other side of disrespecting the Constitution (the language used is typically stronger than “disrespecting,” often involving bodily functions of some variety). Some might argue that the Constitution is not a scripture because it is not “religious,” but this is already to beg the question; I have yet to find an adequate reason to distinguish between the “religious” and the “non-religious,” or reasonable way of classifying the two.

This attitude toward the Constitution has perplexed me since before I arrived in the country. Continue reading →

The problem of bad and the problem of good

01 Wednesday Sep 2010

Posted by in Analytic Tradition, Christianity, Deity, Early and Theravāda, Foundations of Ethics, Greek and Roman Tradition, Metaphysics, Roman Catholicism, Vedānta

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In my previous discussion of Christine Korsgaard’s prologue to The Sources of Normativity, I left out one significant feature of the story she tells of Western philosophy. This is the reason – related to the basic account of excellence of obligation – why Christianity proved philosophically more powerful than Greek thought.

On Korsgaard’s account of Greek metaphysics (à la Plato and Aristotle), goodness is a feature of reality, one more fundamental in a sense than the particular physical objects that appear before us. Perfect form is more real than imperfect matter. This is true whether, with Plato, those forms exist in a world apart from matter, or, with Aristotle, they exist within matter as its potential and telos.

But if that’s the case, Korsgaard notes, then the logical question is: why aren’t things perfect already? We normally think of theodicy – the problem of suffering and responses to it – as primarily a problem for Abrahamic traditions. If God is omnipotent and omnibenevolent, it’s hard to see how there can be suffering in the world (though it’s less hard to see how there can be evil). But broaden the question a bit – make it “the problem of bad” – and it appears elsewhere too. For Śaṅkara’s Advaita Vedānta, in which reality is pure knowledge, it’s a conundrum to think how there can be so much ignorance.

And Korsgaard seems to provocatively suggest that the Christians were better equipped to handle the problem than the Greeks – connecting to her account of how an ethics of excellence was superseded by an ethics of obligation. Continue reading →

“On the grounds of religion or belief”

20 Wednesday Jan 2010

Posted by in Morality, Politics

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Found an interesting news article from last fall in the Manchester Guardian: British employers, a judge has ruled, are forbidden from discriminating against employees because of their environmental convictions. The case in brief: employers at London’s Grainger real-estate company mocked one employee’s devotion to remedying climate change, even taking steps to provoke him – in one case ordering him to fly to Ireland just to deliver a BlackBerry his boss had left behind. Eventually, he was fired – and a judge says he has a case. The relevant 2003 British labour law, indeed, is worded to prohibit discrimination and harassment on the grounds of “religion or belief.”

Generally, such a law strikes me as overdue. I’ve long been uncomfortable with the idea of giving legal protection only to “religious” convictions, for the idea of “religion” so often tends to obscure more than it clarifies. Aside from the obvious difficulties in classification (does the term “religion” apply to yoga exercises? To meditation? To brushing our teeth?), the term leads us to ask the less important questions, about differences between traditions rather than within them. For these intellectual reasons I suspect it’s a category we’d be better off without, if we could be.

But here the problems with “religion” are more than intellectual. On what reasonable grounds can we proclaim that this man’s refusal to fly on frivolous grounds is less serious, less important, less well considered than, say, a Jew’s refusal to eat pork? I disagree with politically activist views that see commitment to environmental or social causes as our fundamental moral duty; but then I disagree with much of the Qur’an’s moral teaching as well. Anti-discrimination laws are specifically designed to protect those with whom we disagree. Either the law should protect all deeply and sincerely held beliefs, irrespective of their “religious” status, or it should protect no such beliefs at all.

(No post this Sunday, as I’ll be out of town, as well as starting a new semester.)

Medicine as ethics

01 Tuesday Sep 2009

Posted by in Biology, Early and Theravāda, Flourishing, Food, German Tradition, Happiness, Health, Judaism, Politics, Psychology, Roman Catholicism, South Asia

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In After Virtue, Alasdair MacIntyre once said that “it is the lawyers, not the philosophers, who are the clergy of liberalism.” That is, in modern societies – liberal in the broad sense – it is lawyers who do the work, and have the status, once given to the medieval European Christian priesthood.

On this point I think MacIntyre is half right – or perhaps three-quarters right. He is quite right to note the low status that the modern West accords philosophers; but he overemphasizes the role of lawyers, because his concept of the good is (to my mind) overly political. Lawyers do play the role of medieval clergy as the rulers’ intellectual assistants in determining what a good state will be in practice. When it comes to the good life itself, however, the intellectual heavy lifting is done by a very different group: namely doctors, and medical researchers. It is medicine, not law (and certainly not philosophy), that plays the greatest role in telling moderns how they should live.
Continue reading →

Against “moral intuitions”

16 Sunday Aug 2009

Posted by in Analytic Tradition, Foundations of Ethics, Morality, Philosophy of Science, Prejudices and "Intuitions"

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One of the biggest problems with analytical ethics, as it’s usually practised, is the reliance on “moral intuitions” as data for ethical judgements. “Intuitions” themselves are not the problem, as long as we think of them as Martha Nussbaum does in The Fragility of Goodness, as “prevalent ordinary beliefs,” the relatively commonsense understandings that make up our starting point, like Gadamer’s Vorurteilen (prejudices). We have to start our enquiry where we are, making sense of the beliefs we already have, rejecting some in the light of others.

But contemporary ethicists often go further than this, giving our unreflective “intuitions” a high status they do not deserve. Continue reading →