Wisdom and Judgment

For Aristotle, the ultimate aim of a talking animal as such is wisdom, which cannot be separated from ethical sensitivity and concern for others. This wisdom might be characterized as an excellence in reflective judgment or interpretation.

There has, however, come to be a traditional view of what is called judgment — especially common in early modern logic — that reduces it to the grammatical form of predication (“A is B”), and its truth to a matter of simple correspondence to fact, which is presumed to be independently knowable. Predication on this view aims to be a kind of authoritative saying of how things are, grounded in putatively immediate truth that is not supposed to depend on any kind of normative inquiry or process of interpretation in order to be known. Things just factually are certain ways, and judgments are conclusions produced immediately that are supposed to correspond to the facts. Judgments are either right, and thereby count as objective; or wrong, and to be dismissed as merely subjective. But in neither case do they involve any depth of engagement or extensive activity. They are “shallow”.

This dogmatic way of thinking, criticized by Kant and Hegel, is utterly alien to the kind of spirit of rational inquiry promoted by Plato and Aristotle, who thought that assertions should be grounded in reasons shareable and discussible with other humans, and not on vain claims of immediate insight. But both this reductive use of “judgment” for the mere immediate production of a representation, and the reduction of truth to a correspondence to presumed fact, have often been wrongly characterized as Aristotelian, when they are really of much later origin.

I would suggest that the very idea of better or worse judgment, or of judgment as something of which there could be an excellence, is incompatible with the shallow black-and-white view of judgment as simply right or wrong. Judgment as activity is anything but an immediate production. It is an extensive and intensive activity of interpretation and reflection.

The contemporary American philosopher Robert Brandom writes, “Here is perhaps Kant’s deepest and most original idea…. What distinguishes judging and intentional doing from the activities of non-sapient creatures is not that they involve some special sort of mental processes, but that they are things knowers and agents are in a distinctive way responsible for…. Judgments and actions make knowers and agents liable to characteristic kinds of normative assessment. Kant’s most basic idea is that minded creatures are to be distinguished from unminded ones not by a matter-of-fact ontological distinction (the presence of mind-stuff), but by a normative deontological one. This is his normative characterization of the mental” (Reason in Philosophy, pp. 32-33; see Kantian Intentionality).

Over the course of many posts, we have seen not only that what Aristotle calls nous and gets translated as “intellect” is an activity and not a stuff, but also that it is intrinsically concerned to seek the better in each instance. The highest good for Aristotle is not a pre-given content, but the result of a truly consistent aiming at the better in life, where what is better is intelligible, and once again not pre-given, but expressible in terms of reasons that any human can share in evaluating.

A important notion of responsibility is also implicit in Aristotle, as when he points out that the freedom of ethical beings is not an arbitrary license, but is commensurate with the taking of responsibility. For Aristotle, unfree beings have no responsibility insofar as they are unfree. It is free beings capable of real deliberation and choice that have responsibility.

On the other hand, at a top level Aristotle prefers to stress the affirmative values of friendship, love, and reciprocity over the constraints of responsibility. For Aristotle, an ethically serious person guided by affirmative aims will turn out to be responsible in her actions. Kant was more distrustful of our affirmative aims, as possibly biased by our individual impulse, and therefore tended to emphasize duty and responsibility as more reliable motivators for ethical action. Aristotle has the more optimistic view that there can be such a thing as desire that is consistent with reason about what is better. (See also Intellectual Virtue, Love; The Goal of Human Life).

Operativity?

Opus Dei: An Archaeology of Duty (2013) by Giorgio Agamben is the sixth book of a nine- or ten-volume series growing out of his Homo Sacer: Sovereign Power and Bare Life (1995). In the course of it, he propounds his own variant of Heidegger’s “history of (the forgetting of) Being”. Like Heidegger, he seems to partly blame Aristotle for later historical developments that he casts in a very negative light. He particularly claims that Aristotle’s distinction of potentiality and actuality and Aristotle’s thesis of the priority of actuality — both of which I find to be extremely valuable good things — are the ultimate root of various modern evils. I also could not endorse his negative remarks about Kant. But many of the details of his analysis are quite fascinating. This will be another longer post.

Agamben is an eminent Italian scholar whose major influences include Heidegger, Foucault, and Walter Benjamin. He has written in depth about the ethical consequences of the existence of concentration camps. He has analyzed the wider implications of the Nazi legal theorist Carl Schmitt’s grounding of claims for the absolute sovereignty of the modern state in a voluntaristic theology of omnipotence. (But lately, some people have thought he went off the deep end vociferously opposing Covid vaccination.)

He begins, “Only what is effective, and as such governable and efficacious, is real: this is the extent to which office, under the guise of the humble functionary or the glorious priest, has changed from top to bottom the rules of first philosophy as much as those of ethics” (preface). [For this I tried an online Kindle edition, which is not so good for citation. There is only one page number for each two pages of the printed book, and the preface has no page numbers.]

The rhetoric here is reminiscent of Foucault’s “archaeological” period, and indeed the fine grain of his analysis noticeably follows an “archaeological” method as well, bringing up many distinctions that are typically blurred together in more conventional historical writing that aims to produce a simple, unified narrative. I find it encouraging to see that others have picked up Foucault’s “archaeological” approach, while turning it toward the history of philosophy. Agamben here offers an archaeology of selected elements of Western (especially Catholic) religious practice that he thinks have philosophical and broader social importance.

Agamben summarizes Heidegger’s discussion of the way medieval Latin translations of various Aristotelian philosophical terms changed their meaning as focusing on how the meanings were changed to make them compatible with creationism. Aquinas’ sophisticated philosophical defense of creation from nothing seems to be a major implicit target of Heidegger’s critique, though he does not mention Aquinas by name. An important part of Heidegger’s critique has to do with the same medieval developments promoting the status of so-called efficient causality and changing its meaning that I have been pointing out (most recently, here).

A major thesis of Agamben’s book is that the “new” notion of efficient causality originated much earlier than Heidegger places it, among the early Christian church fathers and some Roman writers they read, like Quintillian (1st century CE) and Calcidius (4th century). (Of course, that it was a notion of “efficient causality” would not have been recognized by authors unfamiliar with Aristotle.)

Agamben argues that this was associated primarily with accounts of the efficacity of the mass rather than the doctrine of creation. He posits the officium (“office”) of the priest performing the sacraments as the original model for a new kind of efficient cause, and argues that it was applied originally in theological notions of “governance” and “economy”, even though it could also serve as a model for creation. He emphasizes that the officium of the priest completely separates the action of performing the mass from the subject who performs it, which is what allows the mass to be effective as the work of God even if the priest who performs it is sinful.

He is particularly examines Latin uses of the term effectus. He notes that Quintilian distinguishes between arts in actu or in agendo like dance, “which has its end in itself and does not leave behind any work once the act is ended” (p. 43), and arts in effectu like painting, “which reaches its end in a work” (ibid). An opus is the effectus of an operatio. This passage from Quintillian is cited by 4th century Church Father Ambrose.

Agamben writes, “in truth [Ambrose] is moving in an ontological dimension that has nothing to do with Aristotle. What is in question is not the mode of being and the permanence of a form and a substance (that is, of a being that, in Aristotelian terms ‘is what it was’) but a dislocation of being into the sphere of praxis, in which being is what it does, is its operativity itself…. The work, which was in Aristotle the paradigm of being, is here only the proof and the effect of a working…. The ontological status of the liturgical act, of the opus Dei, in which being and praxis, effectiveness and effect, operation and work, opus operatum and opus operans are inseparably intertwined, here has its obscure precursor…. What is decisive here is that it is a specifically artistic operation (theatrical or choral) that furnishes a new ontological-practical paradigm, that is to say, that what is in question is not an ethical paradigm, but a particular technical paradigm. While Aristotle in fact considered the work (ergon) as the telos of the artisan or artist’s poiesis, here, by means of the paradigm of performing arts like dance and theater, which are by definition without a work, the telos is no longer the work, but the artis effectio (execution of the art)” (p. 44).

Again, there is no indication that the authors in question were even aware of how Aristotle used the corresponding terms.

What someone (not me) might call the “dislocation of being into the sphere of praxis” is by my reckoning a major part of what Aristotle himself aimed to achieve in the texts that make up what is conventionally called the Metaphysics. (But praxis is not really one of my words in English; I don’t think of it as a dislocation; and I think this still puts too much emphasis on “being” at the expense of things that matter more to Aristotle.) On my view, Aristotle in the Metaphysics offers a deliberately deflationary account of being as such, while devoting his main attention to a kind of teleological meta-ethics that constitutes what could equally be called first philosophy or “wisdom” or a kind of philosophical “theology”.

The example from Quintillian also poses an interesting question as to what Aristotle would say about dance or theatrical performance. The Poetics is mainly concerned with written works such as the tragedies of Aeschylus and Sophocles, and only very secondarily with performance on stage. The writing of the works in question would be a standard case of poieisis (making or productive doing; root of English “poetry”). I’m inclined to think that the performative aspect of music, dance, or theater is better understood as a corner case of the mainly ethical non-productive simple doing that Aristotle calls praxis in Greek (root of English “practice”).

I don’t think it’s accurate to claim that this focus on performative doing in itself necessarily reflects or results in an essentially “technical” paradigm, even though artistic technique is involved in the examples. In calling it “technical”, Agamben implicitly invokes Heidegger’s fulminations against the modern technological world. I find it stilted to speak of doing performative art as an “operation”.

I think Aristotle wants us to see being largely in terms of doing. I don’t at all see a dichotomy of being versus doing in Aristotle, though maybe there is such a dichotomy between doing and “Aristotelian being according to Heidegger”. The ostensibly Aristotelian baseline to which Agamben compares later developments seems to be more assumed than argued for, and what he assumes is Heidegger’s concoction of being as presence.

“It is from this semantic constellation that an ontological paradigm is progressively elaborated among the Christian authors in which the decisive characteristics of being are no longer energeia and entelecheia but effectiveness and effect. It is from this perspective that one must consider the appearance in the Fathers, around the middle of the third century, of the terms efficacia and efficiencia, closely linked to effectus and used in a technical sense to translate (and betray) the Greek energeia” (ibid).

This tells us that the terms used in the eventual medieval translations of Aristotle to Latin already had well-established theological usages, which could not help but color the way that Aristotle was read in Latin. That is very important to know.

On the other hand, I’m already starting to think it is too broad a brush to associate any and all appeals to any kind of efficacy or effectiveness with the same criticisms that apply to more specific medieval and early modern uses of “efficient cause”.

Agamben points out that in explaining efficacia and efficiencia, Rufinus (340-410) gives the example of “the work of the blacksmith or of the one who effectu operis agit, renders his work effective (literally, ‘acts with the effectiveness of the work, with its operativity’). The thing and the work, considered inseparably in their effectiveness and in their function: this is the new ontological dimension that is substituted for the Aristotelian energeia. And it is interesting to note that before finding its canonical translation as potentiaactualitas, the couple dynamis-energeia had been rendered by the Latin Fathers as possibilitasefficacia (effectus)” (p. 46).

By analogy with the housebuilding example from the Physics, Aristotle would say that properly speaking, the “source of motion” of the blacksmith’s work is the art of blacksmithing. Clearly Rufinus is speaking of something different.

It seems that Agamben implicitly wants to oppose any reliance on a concept of function. This is again an extremely sweeping condemnation, going far beyond specific notions of efficient cause.

He mentions that that “in Paul (and in his Latin translators) energeia indicates not a mode of being but the effectuation of a potency, the operation through which it receives reality and produces determinate effects” (p. 47).

This is also very important to know. Again, we have a pre-existing usage (this time in New Testament Greek) that would have encouraged distinctly non-Aristotelian interpretation of a key Aristotelian term among early Christian readers. The word energeia — which Aristotle had coined as a technical term for the most important modality of being (of which the first cause is the pure instance) — has entered into general circulation and lost its original precise meaning. It is used for a kind of happening in Paul.

“It is in Augustine (De gratia Christi et peccato originalis 1.4.5) that we find confirmed with perfect awareness the pertinence of effectus in ontology” (p. 46). Agamben concentrates on Augustine’s restatement of an argument by Pelagius that I won’t repeat. He concludes, “What is decisive is no longer the work as a stable dwelling in presence but operativity, understood as a threshold in which being and acting, potential and act, working and work, efficacy and effect, Wirkung and Wirklichkeit enter into a reciprocal tension and tend to become undecidable. This tension and this undecidability define the liturgical mystery that the Church recognizes as its most proper and highest task” (p. 47).

The stable dwelling in presence is Heidegger again. I think Aristotelian entelechy is a more nuanced concept, involving a kind of higher-order consistency in the pursuit within becoming of a goal that may itself be open-ended. Simple presence (even “presencing”) just is not an Aristotelian concept.

“The place where the ontology of effectiveness finds its complete expression is the theory of the sacrament as sign, elaborated by the scholastics from Berengar of Tours and Hugh of St. Victor up to Aquinas. According to this theory, what defines the sacraments is their being at once a sign and the cause of that of which they are a sign” (ibid).

“The decisive characteristic of the new effective ontology is operativity, to which the coinage of the adjective operatorius [by Ambrose] and, even earlier, the enormous diffusion of the term operatio (extremely rare in classical Latin…) both testify” (p. 48).

This linguistic point is again significant. I recall that variants of operatio play an important role in surviving manuscripts of the 13th century arts master Siger of Brabant, who not only was not a theologian, but was considered radically secular by some. This anecdotally supports the “enormous diffusion” of operatio.

Discussing a passage from Marius Victorinus, the Latin translator of Plotinus, on the Trinity Agamben concludes that the author is saying “operativity itself is being and being is in itself operative” (p. 50).

“[T]he mystery [of the liturgy] is the effect; what is mysterious is effectiveness, insofar as in it being is resolved into praxis and praxis is substantiated into being” (p. 54). “The sacramental celebration only causes the divine economy to be commemorated and rendered each time newly effective” (ibid).

“To what extent this effective ontology, which has progressively taken the place of classical ontology, is the root of our conception of being — to what extent, that is to say, we do not have at our disposal any experience of being other than operativity — this is the hypothesis that all genealogical research on modernity will have to confront” (ibid).

Maybe. But as broadly as he has defined it, in spite of all my scruples about “efficient causality” and sympathy for his concerns about sovereignty, etc., I would most certainly by Agamben’s lights be a captive of operativity, too, just for taking seriously the interplay between being and doing.

This kind of massively global generalization (a “metaphysics of operativity” applicable to nearly everything) is a recipe for confusing apples with alligators, so to speak. Too many different things are all being thrown together, which seems ironic and very unfortunate after all the careful “archaeological” scholarship oriented toward making additional distinctions.

Just to be clear, Agamben is the one calling these theological views views an “ontology” or a “metaphysics”.

“In the paradigm of operativity, a process that was present from the very beginning of Western ontology, even if in a latent form, reaches its culmination: the tendency to resolve, or at least to indeterminate, being into acting. In this sense the potential-act distinction in Aristotle is certainly ontological (dynamis and energeia are ‘two ways in which being is said’): nevertheless, precisely because it introduces a division into being and afterwards affirms the primacy of energeia over dynamis, it implicitly contains an orientation of being toward operativity. This distinction constitutes the originary nucleus of the ontology of effectiveness, whose very terminology takes form, as we have seen, by means of a translation of the term energeia. Being is something that must be realized or brought-into-work: this is the decisive characteristic that Neoplatonism and Christian theology develop, starting from Aristotle, but in what is certainly a non-Aristotelian perspective” (p. 57).

Now he says the paradigm of operativity was “present from the beginning”, meaning in Aristotle. How could the potential-act distinction “introduce a division into being” for a thinker whose most indisputable and elementary view of being is that it is said in many ways? There is no hint that he recognizes either Aristotle’s explicit subordination of sources of motion to that-for-the-sake-of-which, or his far from immediately “operative” paradigm for so-called efficient causality in something like the art of building.

Where Agamben says “certainly ontological”, this seems to recall Heidegger’s idiosyncratic specification that ontology is supposed to be about Being and not about beings. Agamben equivocates on the word “being”, substituting an extravagant and unitary Heideggerian meaning for Aristotle’s deflationary and multiple one based on uses of the word “is” in speech. (I get the impression that Heidegger detests Aquinas, and thus find it ironic how much he in a way ended up imitating him, in raising Being to the lofty heights.)

“The place and the moment when classical ontology begins that transformation is the theory of the hypostases [the One, Intellect, and Soul] in Plotinus (which will exercise a decisive influence on Augustine’s trinitarian doctrine through Marius Victorinus)…. [O]ntology is conceived fundamentally as a realization and a hypostatic process of putting-to-work, in which the categories of classical ontology (being and praxis, potential and act) tend to be indeterminated and the concept of will, as we shall see, develops a central function” (ibid).

Now we are back to talking about a major transformation in the hands of Plotinus and the church fathers, rather than continuity from the beginning. This part seems relatively much more solid, though I have doubts whether there is such a thing as “classical ontology”. The Greek term for the persons of the Trinity was none other than that used by Plotinus for his three “hypostases”. Augustine regarded his reading of Plotinus as second only to his conversion to Christianity among the milestones of his life. Agamben correctly points out that there is a connection between the way Plotinus introduces something like a kind of dynamism into the eternal, on the one hand, and the subtle mutual relations of the persons of the Trinity in Augustine on the other.

He quotes from Heidegger’s 1941 course “Metaphysics as History of Being”, referring to the conceptual transformations that accompanied the latinization of Aristotle: “Now ergon becomes the opus of the operari, the factum of the facere, the actus of the agire. The ergon is no longer what is freed in the openness of presencing, but what is effected in working. The essence of the ‘work’ is no longer ‘workness’ in the sense of distinctive presencing in the open, but rather the ‘reality’ of a real thing which rules in working and is fitted into the procedure of working. Having progressed from the beginning essence of energeia, Being has become actualitas” (p. 58).

Here again we see Heidegger’s idiosyncratic claim about the centrality of “presencing”, but this is a distraction. His point about the connotations of the Latin terms, on the other hand, makes good sense. These terms do have a somewhat “operative” feel, and a kind of bite that does not seem to be there in the Greek.

“Putting the creationist paradigm at the center of his reconstruction of the history of being leads Heidegger to define the central trait of modern metaphysics as a working in the sense of a causing and producing…. And it is this conception of being as effectiveness that, according to Heidegger, renders possible the transformation of truth into certainty, in which the human being, whom faith in God renders certain of salvation, secures its unconditional dominion over the world by means of techniques” (p. 60).

Here he speaks of “causing” in the modern sense, rather than Aristotle’s very different one of various kinds of why. It is quite true though that Aristotle regards considerations of “production” or “making” as something secondary compared to what in modern terms might be called ethical doing. Ethical doing is “more beautiful” than useful making, even though we also need what is useful. For Aristotle, what is more beautiful is more appropriate to the divine.

“It is just as much and above all governance and oikonomia, which in the last analysis can even provisionally put causal production between parentheses in the name of a more refined and diffuse form of management of human beings and of things. And it is this peculiar practice whose characteristics we have sought to define through our analysis of liturgy” (ibid).

Here the mutual relations between persons in the Trinity meet late Foucault’s analysis of power as something that is distributed throughout a field, rather than concentrated in points of authority.

Aristotle had distinguished between doing (praxis) and making (poieisis). According to Agamben, the Roman scholar Varro (2nd-1st centuries BCE) added a third, “distinctively Roman” type of human action (p. 81). “Gerere, which originally meant ‘to carry’, means in political-juridical language ‘to govern, administer, carry out an office'” (ibid).

So now we also have a Roman political dimension of government interacting with these ecclesiastical concerns. Whereas Hegel in his analysis of Rome especially focuses on the negative aspects of the “only one is free” character of the Roman emperor’s personal absolute rule, Agamben dwells on the institution of a commandist bureaucracy.

“The nature of office and its gerere is strikingly illuminated if one puts it in relation to the sphere of command, that is, with the action proper to the imperator” (p. 83).

“Here one can see the proximity between the ontology of command and the ontology of office that we have sought to define…. The official — like the officiant — is what he has to do and has to do what he is: he is a being of command. The transformation of being into having-to-be, which defines the ethics as much as the ontology and politics of modernity, has its paradigm here” (p. 84).

Elsewhere in the text he dwells on Hannah Arendt’s protrayal of the Nazi bureaucrat Adolph Eichmann, who lived for his office in this sense, in a book subtitled The Banality of Evil. I detest nothing more than arbitrary power, or power exercised arbitrarily, so I thoroughly understand the desire to denounce an “ontology of command”, even if I do not really believe first philosophy calls for an “ontological” approach. But as we will see, this concept too turns out to be dangerously vague.

Agamben thinks there is something wrong with the Aristotelian notion of hexis (emotional constitution or “habit”), which serves as a kind of mediating bridge between potentiality and act in a human.

“Habit is… the mode in which a being (in specific, a human being) ‘has’ in potential a technique, a knowledge, or a faculty, ‘has’ a potential to know and to act. It is, that is to say, the point where being crosses into having. But it is precisely this that constitutes hexis as an aporetic concept…. The strategic meaning of the concept of habit is that, in it, potential and act are separated and nonetheless maintained in relation…. Having the hexis of a potential means being able not to exercise it” (p. 93). “As Aristotle never stops repeating against the Megarians, someone truly has a potential who can both put it and not put it into action” (p. 94).

Potentiality is not univocally determining. It always involves multiple alternatives. The absence of univocal determination does not in itself constitute an aporia. This is how Aristotle accounts for human freedom, without making extravagant assumptions about the power of a “will”.

Agamben’s use of “aporia” also seems excessively broad. He seems to mean anything that is not subject to a univocal interpretation, and he writes as though aporia is necessarily a bad thing. For Aristotle, that is not the case at all; aporias for Aristotle provide valuable insight.

Agamben doesn’t like the fact that Aristotelian virtue is measured against practice. Apparently this is too “operational”. But how else are we to make ethical judgments? Ethics is first and foremost about good doing.

He sees Aquinas as already anticipating a Kantian notion of duty. “In the concept of virtue whose sole object is a debitum, of a being that coincides totally with a having-to-be, virtue and officium coincide without remainder” (p. 101). I haven’t specifically studied Aquinas on this point, but for Aristotle there is simply no such thing as a virtue that corresponds only to an obligation. Virtue is always being good in some positive way.

He does cite the late scholastic Francisco Suárez as calling specifically religious duty an “infinite debt”, but I don’t see what this has to do with Aristotle or Kant. He doesn’t like the idea of an “infinite task” either, but doesn’t explain why.

“Here one clearly sees that the idea of a ‘duty-to-be’ is neither solely ethical nor solely ontological; rather, it aporetically binds being and praxis in the musical structure of a fugue” (p. 106).

(I would say rather that attempts to approach first philosophy as “ontology” reach a fundamental aporia. Aristotle, Kant, and Hegel already showed us a way out of this mess.)

“It is obvious that the paradigm of duty or office… finds its most extreme and aporetic formulation in Kantian ethics” (p. 110). “What in Kant reaches completion in the form of having-to-be is the ontology of operativity…. It is not possible, however, to understand the proper characteristics of the ontology of operativity if one does not understand that it is, from the very beginning and to the same extent, an ontology of command” (p. 117).

“From the very beginning” presumably means in Aristotle. But where on earth would anyone claim to find and “ontology of command” in Aristotle? Notions of command and obedience really have no place at all in Aristotelian ethics. Theological and political voluntarism imply what might reasonably be called an ontology of command. Neither Aristotle nor Kant have anything to do with this.

As with Aristotle, what is “aporetic” in Kantian ethics is actually a strength. Kant leaves an irreducible role for thoughtful judgment about how to best apply principles to particulars in each case. The “aporia” is that Kantian ethics doesn’t aim to give us ready-made answers on what we should positively do, and is not reducible to any schema of unconditional command and obedience.

“The imperative presupposes as its foundation and, at the same time, as its object not a being but a willing…. One understands, from this perspective, why juridical-religious formulas (of which the oath, the command, and the prayer are eminent examples) have a performative character: if the performative, by the simple fact of being uttered, actualizes its own meaning, this is because it does not refer to being but to having-to-be” (p. 118).

I generally share Agamben’s concerns about the imperative form in grammar, which tends to absolutize a “should” or leave it standing in the air, when in reality every “should” is just as strong as the balance of reasons favoring it, and no genuine “should” is a matter of arbitrary obedience. Kant’s categorical imperative, on the other hand, is of a form that cannot possibly be simply “obeyed”, because it is only a procedural guideline.

Agamben recalls Hannah Arendt’s meditations on the trial of the Nazi bureaucrat Eichmann, who claimed to have sincerely followed Kantian precepts of duty in carrying out his governmental responsibilities. But whatever duty to the state he may have believed he was following was obviously antithetical to the universalism of Kantian ethics, which puts respect for all human beings over all other considerations. But Agamben even represents respect as something bad.

“Kant represents the moment when the ontology of command and having-to-be reaches its most extreme elaboration” (p. 120). “Kant’s thought represents… the catastrophic reemergence of law and religion in the bosom of philosophy” (p. 121).

Agamben strenuously objects to Kant’s superficial but nonetheless very prominent emphasis on duty. Duty was a favorite theme of Frederick the Great, who ruled Prussia in Kant’s time, and Kant as a university professor was a civil servant. Kant’s talk about duty — which I also don’t particularly care for — was close to, if not in fact, a civil obligation of his position. But the real substance of Kantian ethics has to do with free rational search and testing for appropriate maxims to guide action in different kinds of situations. I prefer to express this in a more Aristotelian form of deliberation and practical judgment, but the import is the same.

He cites Pufendorf’s opinion that ethics should be expressed in terms of duties rather than virtues. But unlike Aristotle or Kant, Pufendorf really is a political voluntarist who does put the will of the sovereign ahead of everything else.

Kant abstracts duty to the point where it does not dictate specific actions, only a kind of procedural best practices for making judgments. This is far removed from what Brandom calls the authority-obedience model. Calling Kantian ethics an “ontology” of “command” as Agamben does seems utterly inappropriate. Kant is anything but a defender of arbitrary authority.

Next Agamben turns to the origins of the ontology of command.

“With a gesture in which one can make out the birth of the modern metaphysics of the will, Plotinus ultimately identifies will with being itself…. It is precisely this ‘voluntarization’ of Greek metaphysics that, by transforming from within both the image of the world of the Timaeus and the Aristotelian unmoved mover, will render possible the Christian creationist paradigm” (p. 126).

He is onto something real here. Although most of his treatises do not mention it, Plotinus in at least one of them speaks very explicitly of a will, which Plato and Aristotle do not. Agamben quotes from Plotinus’ treatise “Free Will and the Will of the One”: “all therefore was will and in the One there was nothing unwilled or prior to will: he was above all will” (p. 126). And again, “will [boulesis] and substance [ousia] must in itself coincide necessarily with being in itself” (ibid).

(On the other hand, Michael Frede has convincingly argued that the notion of a distinct faculty of will — or of the possibility of arbitrary choice, as distinct from choice based on goodness of reasons — is Stoic rather than neoplatonic in origin. Agamben’s focus on the Christian tradition also leads him to ignore Philo of Alexandria’s earlier development of a radically voluntarist theology of omnipotence, in explicit opposition to the whole previous tradition of Greek philosophy.)

He concludes, “The problem of the coming philosophy is that of thinking an ontology beyond operativity and command and an ethics and a politics entirely liberated from the concepts of duty and will” (p. 128).

Ethics and philosophy do still need to be freed from all-too-common dogmas regarding the very existence of arbitrary will not grounded in reasons; the priority of efficient causality over other kinds of explanation; and certain specific non-Aristotelian concepts of efficient causality that emphasize either immediate production or force. But only some concepts of duty are objectionable, and “operativity” is just way too broad a notion to be subject to a uniform evaluation or account. Global condemnation of operativity throws out the baby with the bath water.

A Moral Self?

The next stop on our Hegelian journey takes us back into Kantian/Fichtean territory. From merely legal rights and pure Utility we advance to a higher concept of moral action.

“In the national fraternity of True Spirit the agency of the singular self receives recognition only after death. The emergence of the singular self as a recognized bearer of legal rights is the death-knell of this beautiful harmony…. The Roman armies replaced this rather chancy and disorderly harmony of life with one universal human law, and one continuum of humanly recognized ‘rights’. But the universal continuum was soon shown up as a mere cloak for the age-old ‘law of the stronger’; ‘natural law’ and ‘natural rights’ have to pass through the long and painful dialectic of the Self-Estranged Spirit in order to become fully rational; and now finally the rational self who is the conscious bearer of moral rights has come to birth” (Harris, Hegel’s Ladder II, pp. 413-414).

Already the Real Individual saw herself as exercising something like Kantian autonomy, but only now do we meet with Kantian duty. Absorbed in its new-found sense of duty, “The moral self cares only for its own moral integrity, its membership in the ‘moral world-order’…. This self has no private purpose distinct from the ‘general will'” (p. 414). This is consistent with Kant’s Stoic-like emphasis on a radical separation of morality from any natural personal inclination.

“Moral Insight is ‘absolutely mediated’; it is culturally self-made, through the complete sublation of the natural self. But it will soon show itself to be the knowledge of membership in a spiritual community; and this knowledge does not have the ‘estranged’ character of a promise or a hope. Nor does it have the ‘split’ aspect of an insight that is obliged to be self-contemptuous. In the moral knowledge of duty, the rational community of the moral world-order is a living presence…. The moral agent acts consciously for the whole community of moral agents. Reason no longer takes itself to be Utility” (p. 415).

“But the dominance of Utility continues in a sublated way. I must use the order of Nature for the rational purpose of actualizing the Moral World-Order. This ‘estrangement’ of the two ‘orders’ remains to be overcome” (p. 417).

“There is a lot about the empirically external world that I do not know when I act; but that is morally irrelevant. It is what I actually do know that constitutes the situation in which my duty determines itself. What I know ‘absolutely’ when I act morally is that my intention is good. In the moral perspective this is all that counts” (p. 415).

“I can know and do my duty independently. But Nature does not care. I may be dutiful but unhappy, or undutiful yet happy anyway. So I am bound to complain that it is just not right” (ibid).

“In this parlous situation, the founding of moral knowledge upon the attitude of Faith represents the only hope” (p. 419).

“Actual morality is the perpetual making of an accord, which is not, and can never be, finally made. We must forever be ‘making progress in morality'” (p. 421).

“So moral consciousness does not develop its own concept. Instead, it postulates a world…. The moral self does not know that in its postulation it is developing its own concept of its self…. Unlike simple Faith, the moral consciousness does know that it is thinking. But it does not know how to express the fact that what it thinks is ‘necessarily true’, except in terms of the ordinary standard by which we determine the truth of our thoughts” (p. 427). “We shall soon see that this necessary opacity of what is supposed to be purely ‘intelligible’ puts the sincerity of the moral consciousness — the very thing that has emerged as the truth of its self-certainty — in question” (p. 428).

“When we begin with moral self-certainty in this Fichtean perspective, we have to take the ‘primacy of the practical’ with mortal earnestness…. We are no longer caught up in the dualism of Cartesian thought…. [Hegel’s] whole ‘speculative’ standpoint rests on this Fichtean unification of the natural and the moral world-order. From this moment onwards we are truly in the ‘kingdom of the Spirit'” (p. 429).

But Hegel will not rest content with the Fichte’s practical postulation of a moral God. On the one hand, “The harmony is experienced in fact; to speak of it as postulated is a pretense” (p. 435). On the other, “No matter how much good we actually do, the world remains essentially nothing but an infinite complex of moral problems. The perfect ‘harmony’… is never completed” (ibid).

Harris also points out that Hegel was far from accepting Fichte’s claim of an intellectual intuition of the self that Kant rejected. “It is Fichte’s categorical claim that the whole critical philosophy must be placed in the context of the intuitive self-certainty of the dutiful self that comes to grief here. When we drag it through the ‘experience’ of its own postulational thinking, the moral self-intuition is shown not to be an ‘intuition’ at all” (p. 434).

“I can always give up on the phenomenal world, and insist on my own unity with God; and when I shift back to this position after a practical defeat in the outer world, it is not the same position as it was initially. It is less optimistic, but it is inwardly deepened by the experience.”

“The deepening comes from the awareness that the actual transformation of the natural order is essential to the moral order” (p. 436). “So the retreat into the inner sense of a dutiful union with God must again be displaced in favor of Kant’s first formulation of the categorical imperative. Here the ‘harmony of morality with nature’ is stated as a duty: ‘Act as if the maxim of your action were supposed to become through your will a universal law of nature‘” (ibid).

“We have now reached the point where the dogmatic hypothesis that ‘moral consciousness is actual’ must be replaced by the hypothesis that it is only a project to be realized, it is ‘what ought to be’. Having got back to the Garden of Eden we have understood that the Fall is the necessary presupposition of the salvation that we seek” (ibid).

“The ‘as if‘ in Kant’s formula (‘Act as if the maxim of your action were supposed to become…’) is crucial. It is not the perfect organization of the natural world that is the real goal of moral action…. Rather it is the perfect development of every moral self that is the goal; and for the fulfilment of that purpose, the natural world needs to remain a problem” (p. 437).

“But even the perfection of the moral self as an integrated will to put the world in order involves the same paradoxical unacceptability as a goal. Its achievement would eliminate the necessity for any moral striving” (p. 438). “So the goal of moral action has not been adequately formulated as moral self-affirmation in the sensible world; again the goal must be displaced” (p. 439).

“What we are now saying is that the condition of being between the successful ‘activity of the pure purpose’ (where we experience the harmony of will and inclination) and the struggling awareness of a natural antithesis needing to be transcended and conquered, is the true moral goal. For this ‘in-betweenness’, this cycling from perfection to imperfection and back again, is the only way in which morality can be both ‘what is’ and ‘what ought to be’ (p. 440).

“[A] postulated ‘harmony between is and ought’ cannot count as ‘absolute knowledge’. The postulated object of knowledge is not knowable at all; it is simply an evasion” (ibid).

“‘Experience’ shows that the moral self does not need any postulated intelligible world” (p. 446).

”When we postulate the noumenal world, we find ourselves forced to say contradictory things both about our phenomenal world and about the noumenal one. Phenomenal nature is morally null; but also it is this world that must be reshaped to display the noumenal reality; and the Good Will is the absolute essence, whose noumenal reality is all that counts; but it is not a will at all if it does not act in this phenomenal world, where its existence can be recognized” (p. 449).

Next in this series: Conscience and Conscientiousness

Empathy

Kant preferred to treat respect for others as a kind of duty. He seems to have had severe doubts about empathy or sympathy as a kind of feeling, on the ground that all such feeling involves our empirical inclinations, rather than pure moral concern.

Feeling is a mixed form that involves both emotional and rational elements. Although he did recognize the important ethical role of something like character formation — which would seem to necessarily involve a significant emotional component — Kant’s treatment of emotion often seems closer to the Stoic position that all “passion” must be something bad, than it does to the Aristotelian alternative that we should seek a healthy interweaving of reason and emotion.

I want to take a more optimistic, Aristotelian view of the place of emotion in a life of reason. Kant makes a valid point that inclination in general may lead us to deceive ourselves, but I think he went too far in distrusting anything toward which we feel inclined. We may be inclined to do what could independently be assessed as the right thing, and in such cases I think the inclination ought to be welcomed. (See also Kant’s Groundwork; Aristotle and Kant; Ethos, Hexis; Practical Judgment.)

Kantian Obligation

Kantian ethics is explicitly governed by a spirit of universality. Universality is the one principle that drives everything else. Arguably, a concern for universality has been implicit in rational ethics since Plato and Aristotle, but Kant made it explicit and absolutely central; formulated it in a more rigorous way; and suggested several informal tests for it (the different formulations of the categorical imperative) that could be used in deliberation. Because it is possible to test maxims for compliance with the categorical imperative, Kant’s one principle can actually serve as a criterion, unlike Plato’s undefinable Good.

Universality implies no exceptions, so it can underwrite a kind of unconditional moral necessity that had no precedent in rational ethics before Kant. It seems that Kant wanted to contest Aristotle’s conclusion that ethics can never be an exact science. Kant borrowed talk about duty from what Brandom has called the traditional one-sided authority-obedience model of morality, but gave it new, rational, universal content. For Kant, every ethical decision should be approached as an instance and application of universal law. This means that in deliberation, we are not just deciding for ourselves what is right here and now, but what would be right for any rational being in similar circumstances. Kant wants us to act as universal legislators, and to respect the principle of humanity in every person.

There is something compelling about this, even for a convinced Aristotelian such as myself. Kant really did come up with something new. But also, Aristotelian sensitivity to particulars has been to an extent historically abused and hijacked by people with “particularist” agendas that Aristotle did not countenance, so a nudge in the direction of universality and respect for all humans is a welcome corrective.

This is not the end of the story. As I’ve noted numerous times, the absolute necessity of the categorical imperative applies only at an extremely abstract level, quite some distance from real-world application. I think this is at the core of Hegel’s impatience with Kantian “formalism”. Hegel is not quite fair to Kant, but Kant often seemed to want to claim he had reduced the whole of ethics to necessity, while directing our attention away from the parts he actually left open.

Next, I need to take a closer look at Kantian maxims, which are supposed to provide the bridge to real life. (See also Categorical Imperative; Kant’s Groundwork; Necessity in Normativity; Deontic; Binding.)

Kant’s Groundwork

Groundwork for the Metaphysics of Morals (1784) was Kant’s first major ethical treatise, predating the Critique of Practical Reason (1788). Perhaps the most famous and commented upon of all Kant’s ethical works, Groundwork introduced the categorical imperative. Kant says that the true vocation of reason is not to give us the means to some end, but to produce a moral will that is good in itself. He goes on to sharply distinguish actions done from duty from actions done from inclination, as the only ones deserving of praise. He says that actions from duty get their moral worth from the worth of the maxim (i.e., rationale) that guides choice, rather than from the worth of the aim of the actions. Duty, he says, is the moral necessity of an action from respect for the law. The relevant kind of law must be universal, and the only thing fitting this requirement is the categorical imperative, which is defined in terms of a pure universality.

Kant goes on to argue that while we are constantly tempted to excuse ourselves from acting in accordance with universal moral duty, no utilitarian, prudential, or other excuses have any place in ethics. Everywhere, he says, “one runs into the dear self, which is always thrusting itself forward”. Any resolution of these issues requires common human reason to move into the field of practical philosophy. To be genuine, morality should hold with absolute necessity, binding for all rational beings. Of course, for Kant this does not mean that our subjective conclusions hold with such necessity. To believe that would be to fall for a trick of the “dear self”, and to claim it would be dogmatism.

For Kant, any genuine supreme principle of morality must depend on pure reason, independent of all experience. We should seek a “fully isolated” metaphysics of morals, “mixed with no anthropology, with no theology, with no physics or hyperphysics”, although its application to human beings also requires anthropology. All moral concepts originate in pure reason. The will, Kant says, is just pure practical reason. (See also The Autonomy of Reason.)

Varieties of Ethics

Particularly in the analytic tradition, writers on ethics since the early 20th century have debated about the right high-level view of the subject. Aristotle is identified with what is now called “virtue ethics”. Kant is said to embody a conflicting approach based on deontology, or rules and duty. Others have advocated an alternative based on axiology, or a general theory of values that could also include aesthetics. These are sometimes presented as the three main competing views. Still other writers have stressed the importance of situations, which might be taken as a fourth alternative.

Worthwhile things have been said from all these perspectives, but I don’t like this sort of division and narrowing of discourses. What is actually most essential in ethics — and could be taken as a sort of common denominator to charitable readings of all four of the approaches mentioned above — is the role of reasonable interpretation and processes of judgment. (See also Choice, Deliberation; Reasonableness.)

Aristotle’s emphasis on what modern people might call emotional intelligence, acquired over time, as a basis for ethical skills (see also Ethos; Ethos, Hexis) always made a lot of sense to me, but I take those skills to be embodied in practical doings revolving around interpretive judgment and follow-through, and want to emphasize the details of the doing, rather some achieved state. For Aristotle, a person’s virtue can only be assessed in terms of a complete life. Virtue is certainly a goal, but applying it as a criterion requires conversion to a subjunctive form, as in what particular doings would be consistent with virtuous life. People after Aristotle have too often found it too easy to substitute a double presumption that whatever is done by people we presume to be virtuous is right. Aristotle himself avoids this, and does not use the subjunctive form, either. Instead, he suggests we should deliberate directly about what is the right thing to do.

The rules-and-duty approach, or deontology, I find generally unappealing because rules and duty are often taken in a dogmatic or traditionalist sense that seems to deny the need for interpretive work, and tacitly or overtly to substitute for it one-sided appeals to authority. But this need not be the case. Notably, Kant and Brandom emphasize higher-order rules that require interpretive judgment in the application of very abstract principles to concrete situations, and Kant sublimated duty for duty’s sake into a meta-commitment to unity of apperception.

Talk about values goes back to Plato and Aristotle. In the analytic tradition, this is associated with what is called axiology. Modern presentations of this have often had a subjectivist slant, reducing values to valuations, but there is nothing essential in this. Importantly, it seems to me that everything Brandom says about the objective but not pre-given status of norms can be easily applied to values. In discussing Brandom’s contributions, I sometimes prefer to substitute “values” for “norms”, because it seems to me the term “norms” often carries an unwanted connotation that we are talking about norms that empirically exist or that are in fact accepted, which is not what Brandom means. It also seems to me that higher-order rules function more like values than like first-order rules, so I think it is not inappropriate to translate Kant and Brandom’s talk about rules into talk about values. Serious engagement with values again involves a commitment to interpretive work.

Talk about the interpretation of situations also goes back to Aristotle. Some modern presentations have stressed a sort of common-sense or immediate assessment of situations that downplays the role of interpretation, but again there is nothing essential about this.

In any case, an open-ended work of reasonable interpretation and judgment (along with follow-through) seems to me like the most fundamental thing in ethics.