Tag Archives: rights

The methodological MacIntyre and the substantive MacIntyre

30 Sunday Apr 2017

Posted by in Analytic Tradition, Hermeneutics, M.T.S.R., Metaphilosophy, Politics, Prejudices and "Intuitions", Roman Catholicism

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I’ve devoted a lot of attention lately to a writing project focused on Alasdair MacIntyre‘s thought, one I first mentioned in my interview with Skholiast. It began critical of MacIntyre and then turned more sympathetic to him, but has become much bigger than that – because it has become a project articulating my own method for cross-cultural philosophy. The idea started off as a potential blog post (I was going to call it “MacIntyre vs. MacIntyre”) and then grew to the size of an article, but it may well become multiple articles, a book, or even multiple books. I’ve articulated some elements of this methodological position in previous posts and given my current thoughts in a paper for the Prosblogion’s virtual colloquium, but there’s a lot more to say beyond that.

As I come to engage more deeply with MacIntyre, though, I find myself faced with an important distinction: the methodological MacIntyre is not the substantive MacIntyre. I draw a great deal of inspiration from the former, with some modifications; I am more in agreement with him than not. But in the latter I find a great deal to reject – and to reject, moreover, on methodologically MacIntyrean grounds. Continue reading →

On natural law and positive law

03 Sunday Jul 2016

Posted by in Foundations of Ethics, God, Hermeneutics, Islam, Morality, Politics, Protestantism, Reading and Recitation, Roman Catholicism

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In the previous discussion of why intellectualism and voluntarism are important, I left out what I think may be the most important aspect of all, one which leaves its mark on our thought today in the modern West. Namely: whether God is an intellect or a will bears directly on the way we think of morality – at least when we understand morality in terms of law, as the Abrahamic traditions all have to some degree.

If God is a will, then that will makes morality: morality is whatever God’s will commands. Continue reading →

Rights are instrumental

28 Sunday Feb 2016

Posted by in Analytic Tradition, Early and Theravāda, Foundations of Ethics, Metaphilosophy, Modernized Buddhism, Politics

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The key reason I have turned to MacIntyrean tradition-based inquiry is to make progress on the ethical inquiries that have proved very difficult to resolve. So far, too many of those inquiries have turned out to be cliffhangers. But by taking the approach I have, of identifying the collection of Aristotle, Buddha, Hume and perhaps historicism as at some level the best story so far, it is now possible for me to move closer to concrete conclusions of at least an early and preliminary kind.

I see this point as I reexamine a particular cliffhanger from last year. I posted a four–post series on human rights, and yet by the final post I had still not advanced a substantive theory about them. I said we need reasons for rights, but was not willing to say anything about what those reasons are. Continue reading →

The blurry boundary between premodern and modern

26 Sunday Apr 2015

Posted by in German Tradition, M.T.S.R., Metaphilosophy, Modern Hinduism, Modernized Buddhism, Politics, Roman Catholicism

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I’ve been thinking a lot lately about two excellent books on very different topics, both of which I’ve written about at Love of All Wisdom before: Andrew Nicholson’s Unifying Hinduism, and Brian Tierney’s The Idea of Natural Rights.

The idea of human or natural rights has often been taken as something nearly eternal, dating back into antiquity. More careful scholarship, most notably that of Michel Villey, shows us it is not that. Villey takes the work of William of Ockham as a breaking point, a sharp rupture from the previous world that had no concept of rights, which brings in a very different metaphysics where rights now play an important role. The brilliance of Tierney’s work is to qualify this point, showing a gradual transition from the world before Ockham to the world after him. It preserves Villey’s basic point that rights do not go back to antiquity, but shows that the boundary between premodern and modern is much blurrier than previous scholarship had imagined.

The idea of Hinduism has often been taken as something nearly eternal, dating back into antiquity. More careful scholarship, most notably that of Wilhelm Halbfass and Heinrich von Stietencron, shows us it is not that. Halbfass takes the work of Rammohun Roy as a breaking point, a sharp rupture from the previous world that had no concept of Hinduism, which brings in a very different metaphysics where Hinduism now plays an important role. The brilliance of Nicholson’s work is to qualify this point, showing a gradual transition from the world before Roy to the world after him. It preserves Halbfass’s basic point that rights do not go back to antiquity, but shows that the boundary between premodern and modern is much blurrier than previous scholarship had imagined. Continue reading →

Reasons for rights

12 Sunday Apr 2015

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

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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

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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 →

The history of rights (I)

15 Sunday Mar 2015

Posted by in Analytic Tradition, Greek and Roman Tradition, Morality, Politics, Vedas and Mīmāṃsā

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Is the concept of (human) rights a modern conceit, as Alasdair MacIntyre thinks? To answer that question, it helps to look at the premodern roots of the concept of rights in some detail. The French legal historian Michel Villey has probably done more than any other to help us understand the historicity of the concept of rights – to recognize that the idea of a right as we understand it today is not a human universal, but has a specific history. (Unfortunately, few if any of Villey’s works have been translated into English; even the Wikipedia link above is French only.) Something like Villey’s work probably underlies MacIntyre’s understanding of the history of rights. Still, if we examine the similarly pioneering work of Cornell historian Brian Tierney, we will see that Villey’s claims are at least somewhat overstated, and MacIntyre’s even more so.

The etymology of the English word “right(s)” goes back very far – it is shared not only with German and Dutch Recht but with the word ṛta from the Sanskrit Vedas, denoting the cosmic order underlying the world. But what’s most important in the history of “rights” and related words is not the words themselves but the underlying concept, the one that comes to be expressed in modern European languages as droit, derecho, Recht, rights. That concept begins as a word which is not etymologically related to the modern European words, but which those words all translate and which is the root of modern European thinking about them: Continue reading →

What’s wrong with rights

01 Sunday Mar 2015

Posted by in Foundations of Ethics, Morality, Politics

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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 →

Beyond agreeing to disagree

12 Sunday Dec 2010

Posted by in French Tradition, M.T.S.R., Metaphilosophy, Modernized Buddhism, Politics, Roman Catholicism, Truth

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The online Journal of Buddhist Ethics has recently begun an online conference on an interesting pair of articles dealing with Buddhism and the natural environment, by David Loy and my former grad-school colleague Grace Kao. (Both articles were originally presented at the 2010 AAR conference in Atlanta.) While the conference is oriented toward comments on the JBE website, I’m posting my response here because my thoughts are long enough to be a full blog post of their own.

The different backgrounds of the two writers are evident from their pieces – but that itself makes the dialogue between them more interesting and fruitful. Loy is writing as a Buddhist. In a sense Loy’s arguments come in two pieces: first a dialectical argument to a certain conception of Buddhist first principles, especially based on the idea of non-self, and then a demonstrative argument from those principles to a sense of environmental concern. The first section makes the article more than a piece of “Buddhist theology”; unlike Glenn Wallis’s manifesto, Loy’s article is written as if it is intended to persuade non-Buddhists to a Buddhist point of view.

The substance of Loy’s demonstrative argument is similar to one that I have criticized in the past: that Buddhism is environment-friendly because it tells us to acknowledge our interdependence with other life on the planet. Loy’s argument is a bit more sophisticated than the view I criticized, and might arguably stand up to some of those criticisms. But I’m not going to focus on that point here. Rather, I’m more interested in the dialogue between Loy and Kao, and its implications.

Kao is not a Buddhist nor a Buddhologist, but a scholar of cultural diversity and the issues it poses for global politics. Partially for that reason, Kao’s article does relatively little to engage Loy’s Buddhist claims directly. Instead, she raises interesting and important questions about the proper connection between cross-cultural philosophy and global politics. Continue reading →

Rawls the utilitarian

19 Sunday Jul 2009

Posted by in Analytic Tradition, Economics, Happiness, Morality, Politics

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John Rawls is widely recognized as one of the most important critics of utilitarianism. In some respects he is; utilitarianism per se became much less popular in analytic philosophical circles after the publication of Rawls’s work. Yet in another respect, Rawls’s work is fundamentally a continuation of the utilitarian project – softening John Stuart Mill’s utilitarianism in something very much like the way that Mill had softened Bentham’s. Continue reading →