Balkinization   |
Balkinization
Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Irrelevant God?
|
Friday, August 31, 2007
Irrelevant God?
Andrew Koppelman
Chris Eberle, responding to my earlier post and clarifying Perry’s position on God and human rights (with the evident approval of Perry, who posted Eberle’s statement on Mirror of Justice), writes:
Comments:
"One can say that God is the source of all value, so that the is-ought distinction doesn’t apply to him. But this is a mystical claim that, instead of answering Hume’s problem, simply refuses to engage with it, running 'is' and 'ought' together into a single ineffable Lump. Whatever its advantages would be, intellectually it’s no more satisfying than the secular 'full stop' defense of human rights that Eberle dismisses."
I don't think it's that unsatisfying. Viewing God as necessarily good would deny the is-ought distinction for God, but it would still exist for the rest of us. And God wouldn't be ineffable; we could still find out all sorts of things about him, and he might reveal things to us from time to time, and our moral intuitions could still be reliable gauges of God's nature. At any rate, the unsatisfyingness is of a different kind from the unsatisfyingness of saying that there are all these ungrounded necessary moral properties out there.
>>"At any rate, the unsatisfyingness is of a different kind from the unsatisfyingness of saying that there are all these ungrounded necessary moral properties out there."
Really? In what way is "god" anything more than a collection of such properties bound together for the express purpose of "grounding" them? How is labeling such a collection of properties "god" of any greater intellectual satisfaction than "grounding" the properties in human nature?
"I would say, it’s by virtue of the fact that each and every human being has great worth that each human being has a certain set of natural human rights"
Really? Each one of the books on my shelf has some amount of worth. Do my books have rights? Which rights would you say follow as an ineluctable logical consequence of my books' worth? Since I'm told this is an ontological question, I suppose we'll just pull out our handy worthometers and dignitometers and we'll be able to settle any such questions forthwith.
Snedden: "In what way is 'god' anything more than a collection of such properties bound together for the express purpose of 'grounding' them? How is labeling such a collection of properties 'god' of any greater intellectual satisfaction than 'grounding' the properties in human nature?"
I'm not sure what you mean by suggesting that God is just a bunch of properties. The idea is that we have certain roles that need to be filled. Leaving those roles unfilled is unsatisfying. One of those roles is providing an ultimate ground for moral obligation. Of course, just because we've identified a role that God could fill doesn't mean that God fills it; it also doesn't mean that he doesn't do anything else. The God who gives a grounding to moral obligations might do other things too, like speak to us, or create the world, or judge it. I'm not sure what the problem is.
Whether or not "God" is "irrelevant," seems to depend, to a significant degree, on whether "God" is primarily a name, as is held by many religious communities, or whether "God" is just a metaphysical, and apparently a rather innocuous, concept.
Forgive me, but all of this philosophizing about human rights seems a bit absurd to me. I'm certain it's brilliant stuff, and although my University of Chicago education is supposed to have bred within me a deep desire to read such conversations, I can't quite track on the appeal.
Why should we turn to ontology for the foundation of universal human rights? Why should anything about behavior (or the control thereof) be inherent within the human? It's clear that when we move beyond the purely physical (we need to eat to live), we begin to talk about cultural adaptation--social practices form the primary means of assuring our own livelihood in regards to our specific environment. "Rights" are culturally defined and vary from one people to the next (although I disagree with statements like "group X has NO concept of human rights." Rights and obligations exist in all societies; they may not be individualized or parallel to expectations, but they still constitute rights). Even the "human" portion of the phrase is a cultural construct; just because we determine membership of H. sapiens by a set of empirically verifiable criteria, doesn't mean that we always have, or that groups don't still exist in the world today that refute the humanity of their neighbors. If one is serious about finding a "proper" or "better" foundation for universal human rights--and not trying to divine the presence of God, which is a different project altogether--one might start by examining what rights are actually universal (or close to it) and move up from there. In that project, the advantage in a solid foundation isn't given to those who are theists or atheists, but those who are most inclusive. I might buy an argument that says the proselytic drive (and sophisticated syncretism) of a world religion encourages it to be as inclusive as possible when "pre-qualifying" members, but I see no inherent reason that a strictly secular organization couldn't do the same thing. I agree with Andrew's conclusion in the original piece. We can talk about real world advantages of religions (like wealth, power, and feet on the ground) and their epistemological, historical, and psychological contributions, but that moves us a long way from a priori morality and discussions of ontology.
"Each one of the books on my shelf has some amount of worth. Do my books have rights?"
No, because the worth of humans, according the argument under consideration, is inherent worth, whereas books have only instrumental worth; if there were no humans to read them, they would have no worth. Animals, by contrast, have inherent worth, because animals, like humans, have interests of their own, not merely instrumental value.
The whole discussion is absurd. There is no philosophical reason why human beings have human rights.
It's because that's how we define a human being, and that definition is the root of our civilization. When we don't define it that way, the underpinnings of our society collapses - see Germany, circa '44. The rest of this is simply mental masturbation, trying to find some kind of "eternal" reason from which to derive our principles. That was thrown out in the 19th century as simply untenable, but too many are still too intellectually confused or cowardly to just accept that matters of the fact.
Henry:
Fair enough, as far as books go. In your conception, interests somehow create worth which somehow creates rights: interest --> worth --> right It seems to me that people often just throw around words like "worth" and "dignity" and "respect" along with a large amount of hand waving to make it seem like everyone has it and somehow, in some unspecified way, these magical concepts confer a bunch of magical protections. Since we're all humanitarians, we don't automatically want to deny that most humans have those things in some sense and to some extent. But I rarely see those terms specified with any precision and, having specified the terms, I rarely see any argument establishing that all humans have those worth-giving qualities in the specified sense to the requisite degree, and even were that done, I never see any argument that spells out the logical steps from interest to worth to right. So please explain the steps from 1)some individual having an interest to 2) how that individual's interest establishes some kind of non-instrumental worth, in the specified sense of worth, and exactly who or what derives its worth from that interest, to 3) how it follows from something having non-instrumental worth that something (the same something?) therefore has a right or rights [which one(s)?] to 4) how all that results in universal human rights?
cmarshall4: You are asking the wrong person to supply an ultimate foundation for worth or rights; I've read too much Wittgenstein to consider that a possibility. I cannot prove that Hitler's approach was more moral than mine; rather, I define "moral" to mean respecting others' interests in lives as free from suffering as possible. But, since animals, as I noted, have interests, I am not a humanitarian, if that term excludes animals.
"I've read too much Wittgenstein"
Agreed. I cannot prove that Hitler's approach was more moral than mine; rather, I define "moral" to mean respecting others' interests in lives as free from suffering as possible. If you can't prove that your approach is more respectful of others' interests than Hitler's, then your approach, whatever it is, must be immoral in the extreme But, since animals, as I noted, have interests, I am not a humanitarian, if that term excludes animals. I wwas using "humanitarian" in a very loose, non-exclusive sense. For the purposes of morality, I wouldn't define it in terms of a single species at all. I would appeal to something like interests but I would require a being to have self-conscious interests to qualify as a moral being. This doesn't rule out all animals per se but it does set a high bar. The cockroach that runs across my kitchen floor has interests. But I don't think they result in much worth or any universal cockroach rights.
“If you want others to be happy, practice compassion. If you want to be happy, practice compassion.”
The Dalai Lama, though a spiritual leader in his day job, is pleased to tell us we should practice compassion (as by recognizing human rights) just because it will make us happier. No God necessary. Don't you love those eastern religions? So cool!
"If you can't prove that your approach is more respectful of others' interests than Hitler's, then your approach, whatever it is, must be immoral in the extreme."
You misunderstand my meaning. Of course I can prove that my approach is more respectful of others' interests than Hitler's. What I cannot prove is that respecting others' interests is more moral than not respecting them. That is something that we just have to decide to make the foundation of morality. I agree with you that self-conscious beings have more important interests than merely conscious ones. So does Peter Singer, in PRACTICAL ETHICS.
"Forgive me, but all of this philosophizing about human rights seems a bit absurd to me."
So, let's do a bit more, right? Lol. Seriously, given the strength of the claims and the importance given to them by important theorists, there surely is some value to this intellectual exercise. I do find it as one noted 'intellectual masturbation' on some level. But, this is common when theorizing, isn't it? I always was a bit confused with this whole 'natural rights' idea ... there seemed to be some sort of is/ought problem. Given that ultimately many eventually made 'God' practically an abstract concept anyway, suggesting you need 'religion' (I find the word a bit question begging, as I once mentioned here) for rights seems to me a bit absurd. [Some want to assume God has to be good. I find this dubious at best. You can spend reams of pages, some like that sort of thing, 'proving the fact,' and it all turns out to be question begging. But, it ultimately is rather hard to convince them otherwise. I don't think these relatively brief essays will, surely.] Atheists generally will tell you that 'God' is a construct of society. A 'God' that supports universial rights worth honoring surely is. Thus, 'religion' alone isn't enough. You need a certain type of God. And, in pratice, many atheists are quite moral, thank you very much, more so than theists. QED on the fact that yes Virginia you can set up a system of rights and values w/o one. This is a result of intellect and personal feeling. This is quite powerful. I'd take that esp. given the mixed results of 'religion' alone, thank you.
Chris: "I'm not sure what you mean by suggesting that God is just a bunch of properties."
That "god" is an wholly human invention. But this is irrelevant to the point I was attempting to make. My usage is merely revelatory of my particular bias (again, irrelevant to my point). Chris: "The idea is that we have certain roles that need to be filled. Leaving those roles unfilled is unsatisfying. One of those roles is providing an ultimate ground for moral obligation." Sure. And you indicated that somehow "god" was a "more satisfying" filler of this role than "ungrounded" brute necessary moral properties. I don't see how this can possibly be the case. By "grounding" such properties in "god", all you're doing is staving off the regress one level. How is this any more satisfactory than the naturalist declaring that such necessary properties are "grounded" in human nature, or the nature of existence itself? It seems to me that the only difference between the two ("god" and "existence") is the ascription of purpose/will/consciousness to "god". But I fail to see any reason why such characteristics are necessary for the instantiation of moral properties. Indeed, if they were required, it would seem to place such a grounding squarely on Euthyphro's first horn. If such characteristics are not necessary to the existence of moral properties, then how can their existence render a formulation that requires them of greater intellectual satisfaction than one that does not?
Bill Snedden: "How is this any more satisfactory than the naturalist declaring that such necessary properties are 'grounded' in human nature, or the nature of existence itself?"
The big difference between God and human nature is that human nature is contingent. We need a necessarily-existent truthmaker to ground necessarily-true moral claims. I'm not sure what you mean by the suggestion that "the nature of existence" makes moral claims true. The existence of most things is contingent too; why does the mere fact that things can exist, in general, require that we should respect some of those things? "But I fail to see any reason why such characteristics are necessary for the instantiation of moral properties. Indeed, if they were required, it would seem to place such a grounding squarely on Euthyphro's first horn." I'm not sure which horn you're referring to. I don't think the Euthyphro problem is fatal to grounding morality in God. I explain some of why I think so on this thread, and will say a little more in a guest post soon. "If such characteristics [as purpose/will/consciousness] are not necessary to the existence of moral properties, then how can their existence render a formulation that requires them of greater intellectual satisfaction than one that does not?" I think the issue of a grounding for moral claims is a reason to prefer theism to materialism, but you might decide that there is a necessarily-existent moral law, in addition to the material universe. That would ground moral claims similarly to the way a necessarily-existent moral lawgiver would. But it wouldn't be materialism.
Chris: I think the issue of a grounding for moral claims is a reason to prefer theism to materialism, but you might decide that there is a necessarily-existent moral law, in addition to the material universe. That would ground moral claims similarly to the way a necessarily-existent moral lawgiver would. But it wouldn't be materialism.
This is exactly what I meant by intellectually masturbation. Lot's o' fancy words to go in circles. Human rights is the grounding. They don't require grounding, any more than Euclids axioms require some sort of universal grounding. That fallacy, of looking for external grounding for principles that are necessary for the internal consistency or even semblance of sanity of the system under discussion, is what then leads one to posit some groundless magical fairy. If human rights require external "grounding", then so does any variety of theism. Unless you want to declare that Magical Fairies don't require grounding, in which case I can do the same for human rights. Except that my reasoning actually depends on the nature of the system, instead of deus ex machina. And my cut-off doesn't become a universal magical basis for arguments, only moral arguments being made by contemporary people (excepting the few hundred Andaman Islanders who are outside the global system).
RandomSequence: "Human rights is the grounding. They don't require grounding, any more than Euclids axioms require some sort of universal grounding...If human rights require external 'grounding', then so does any variety of theism."
We need to distinguish claims--or propositions--from things--or entities. I don't think that things need grounding, only claims. So if "human rights" are some sort of necessarily-existent entities, then there would be a truthmaker for necessary moral claims. And the truthmaker for "human rights exist" would be the human rights themselves. There might be a question why our moral intuitions give us any sort of access to those entities, and an ontology that countenances that sort of thing wouldn't be materialism. But in any event, that would be different from thinking that mathematical claims need no ontological grounding. The truthmaker for theism--if it's true, of course--is just God.
Fate is like a strange, unpopular restaurant filled with odd little waiters who bring you things you never asked for and don't always like.
Post a Comment
Agen Judi Online Terpercaya
|
Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |