Tag: Ethics

Perfectionism?

I have been thoroughly enjoying all the unfamiliar detail of Schneewind’s The Invention of Autonomy. His next major section I found even more interesting. But as is common with this kind of history, generalizing abstractions can be problematic. Schneewind wants to characterize a counter-trend to natural law in the moral philosophy of the 17th and 18th centuries. In so doing, he moves back and forth between two different models that have very different implications.

When he states the top-level thesis of the book, he does so in terms of an ethics of self-governance that stands in contrast to the reduction of morality to obedience. This I find provocative and insightful. But the section immediately following the one on natural law is presented in terms of a model of “perfectionism”. Fortunately, he seems to use this only as a shallow grouping mechanism that does not significantly affect either the excellent detail or his main thesis about self-governance. But the connotations of the term “perfectionism” are nonetheless troublesome.

It seems that the term “perfectionism” was introduced into contemporary discourse by the political philosopher John Rawls in the later 20th century. Rawls uses the term to primarily name an elitist view of justice, that the state should accord special treatment to certain kinds of high achievers, rather than emphasizing equality before the law. He cites Nietzsche as a primary example, and contrasts this with his own view of justice as fairness. But Nietzsche does not like the state at all, and does not concern himself with matters of state policy.

Rawls attributes a more moderate version of this elitism to Aristotle, while also giving positive mention to a benign Aristotelian principle that people naturally enjoy the exercise of more developed capabilities, both by themselves and by others. Some latter-day conservatives have certainly tried to appeal to Aristotle in order to justify views based on presumptions of natural inequality.

Aristotle does along the way make incidental comments about observable differences in achievement. In these contexts, he does not always clearly distinguish between accidental, localized social facts and more general facts of nature. But at the level of principles, Aristotle is the historical source of the notion of justice as fairness that Rawls defends. Aristotle recommends extending the inherently reciprocal model of friendship to politics. He defines constitutional rule as one in which the same people both rule and are ruled. Moreover, Aristotle is in general highly sensitive to the accidental character of accidental facts. Anecdotal reports of accidental facts do not justify generalization about what is natural. In spite of his emphasis on particular cases, Aristotle is far more committed to these matters of principle than to any particular generalization from accidental facts.

Many discussions in contemporary philosophy are conducted at the level of broad generalizations about kinds of positions. In itself there is nothing wrong with this, but people are not always careful about the fit of particular cases to the generalizations. The outcome is that generalizations about kinds of positions are often applied in a sweeping, ahistorical manner.

Many of Rawls’s sympathizers have ended up relaxing his strictures against perfectionism. Stanley Cavell has argued for a concept of “moral perfectionism”, based on the transcendentalist Emerson, that has nothing to do with elitism. But this is even more recent.

In the present case, without really justifying it, Schneewind applies the term “perfectionism” to the whole early modern “rationalist” tradition, which is itself often the subject of overly broad generalizations. Implicitly, scholastic philosophy and ancient philosophy would be perfectionist as well. (He does not mention Rawls at all, though he does in passing mention elitism.) However, Schneewind also discusses the roots of “modern” natural law in scholasticism and Stoicism.

Schneewind includes valuable data on voluntarism and/or anti-voluntarism in many of the figures he discusses, but does not generalize much about it. Across the whole span of material that he discusses, I think a better contrast could be made between voluntarism and obedience theories on the one hand, and self-governance on the other.

Self-governance provides a far more sound and useful notion of freedom than strong metaphysical notions of absolutely unconditional free will. The great value of Schneewind’s book comes from his documentation of a long tradition of thought about practical self-governance, as background for the distinctively Kantian notion of autonomy.

The Last Natural Lawyer

“After issuing a large Latin Pufendorfian treatise on natural law in 1688, [Christian Thomasius] published in 1692 a little German Introduction to Ethics, subtitled On the Art of Loving Reasonably and Virtuously, and followed it with a book about applying the art…. His final Latin treatise … embodied yet further and more fundamental changes of view” (Schneewind, The Invention of Autonomy, p. 160).

That subtitle caught my attention, because it sounds like Duns Scotus on love. Thomasius’s view of love is actually closer to Cumberland, though.

“The two books on love show Thomasius working in terms of a long tradition of moral and therapeutic thought centered on love — love not as Christian agape or caritas but as a purely human phenomenon not requiring to be explained by divine grace. Cumberland treated love similarly, and constructed his doctrine of natural law so as to show that morality centers on it. He also sought to avoid voluntarism; and the two aims coincided beautifully. The logic of displacing voluntarism led him to the law of love, the requirement that we maximize natural good; and if that is the moral law, we have a plain way of showing that God’s commands are not arbitrary but are justifiable in terms we understand. Thomasius began as a thorough disciple of Pufendorf; and when he finally rejected voluntarism, he moved at least as close to utilitarianism as Cumberland did” (ibid).

Rather than implicitly invoking fire and brimstone in the manner of the Protestant voluntarists, Thomasius emphasizes seeking the good. Actions are to be judged not in terms of obedience, but in terms of their consequences.

“Thomasius took the Grotian problematic for granted even when he rejected Pufendorf. His objections to modern natural law theory are of special interest precisely because they come from an erstwhile adherent” (ibid). “As head of the new university of Halle, Thomasius occupied a commanding position in the intellectual life of Germany. His defection from Pufendorf was a highly significant response to the dominant work on natural law” (p. 161).

“Early in his chapter on the passions Thomasius gives us a central indication of his reason for abandoning Pufendorf. Proper religious feeling, he tells us, is definable as reasonable hope and fear of God, and is also called childlike fear. Unreasonable fear of God is superstition. It is a servile fear. After this it is no surprise to read later that ‘the concept and representation of God as a father grounds a childlike fear, but that of God as absolute monarch a servile fear’. Only fools imagine God as a despot: [quote from Thomasius:] ‘if a wise man should imagine God as a human ruler, he would rather imagine him as father than as ruler. For it is more suitable to God’s perfection to seek for the best for men than to pursue his own utility through laws written in men’s hearts in a despotic manner’ ” (ibid).

I think it better not to speak in terms of fear at all, but the main point here is the rejection of servile fear as a motivation. Thomasius clearly recognizes the terrible consequences of regarding God as an absolute monarch.

“Here the rejection of voluntarism is tied directly to God’s pursuit of the greatest good. Thomasius adds that if we think of God as ‘a despotic lawgiver who obligates men outwardly through punishment’, then we must also think that no actions are honorable or shameful independent of God’s will” (ibid).

Aristotle might remind us that the greatest goods are those sought for their own sake. Acting for the sake of a reward is a sub-ethical motivation. Avoidance of punishment is even lower. Something is deeply and profoundly wrong with the idea that God would want us to be sub-ethically motivated.

“A wise God is a teacher rather than a lawgiver, he says, and we can only learn when we have a peaceful mind, not one disturbed by fears. God, moreover, teaches by reason” (ibid).

“If God does not punish, then his directives are not law in the same sense as human laws are. Divine and human law are not really members of a common species…. Thomasius retains the natural law distinction between what a teacher does in counseling and what a superior does in issuing a command. But he no longer says that what a commanding superior does is to obligate. A superior rules. And he almost says that God’s directives are to be taken as counseling. God is a father, and ‘a father’s directions are more Counsels than Rules’. God directs us to our good, and we can understand what that is” (p. 162).

Obeying a command does not make us moral. What matters for ethics are the intentions and consequences of an action.

“Counsel binds by showing the person counseled an ‘intrinsic’ force coming from what is necessarily connected with the act in question. Rule binds by an external or outer force connected only by human choice to the act. A wise man, Thomasius says, ‘considers the inner duty the superior kind’, and is usually governed by counsel. Fools are usually governed by rule’ ” (pp. 162-163).

Only intrinsic motivation is ethical.

“Justice, for Thomasius, is concerned with preventing people from damaging one another so seriously that society will not be able to continue. Its rules concern only publicly observable behavior toward other people. Justice matters because there are wicked people who tend to disturb the peace and who must be controlled. The honorable, by contrast, concerns only one’s inner life. Honorable people control their passions and desires and do nothing shameful. Decorum or propriety, like justice, is a matter of one’s relations to others. It concerns the ways in which one might help others or improve one’s inner condition so that one does not wish to harm them. If the honorable person is the most estimable, and the unjust is the worst, the person of propriety is of a middling sort. In the wise person all three kinds of goodness must be combined” (p. 163).

“The principle of honor is ‘Whatever you will that others should do, do yourself’; the principle of propriety is ‘Whatever you will that others should do to you, do to them’; and the principle of justice is ‘Whatever you do not want to have done to you, do not do to others’ ” (pp. 163-164).

“The rules of justice are appropriately backed by threats of punishment. The rules of the other two domains cannot be. The honorable is a wholly inner matter, hence beyond the reach of force; and Thomasius is quite explicit about propriety. ‘Certainly the rules of propriety regard men in their relations to other men. Nevertheless no one can be forced to propriety, and if one is forced, then it is no longer propriety’…. We must perform such duties in the right spirit, a spirit of love or direct concern. Obligation, however, exists only where we can be compelled, and we cannot be compelled to feel love, gratitude, or pity” (p. 164).

“Moreover since the duties of honor and propriety are more fully inner duties than those of justice, and are given more weight by the wise man, they are in an important sense higher or ‘more perfect’…. In this domain we are ruled neither by God nor by the magistrate. Inner obligation does not have other people as its source. Hence we can say that here we ‘can be obligated to ourselves and that we can make laws for ourselves (for example, through a vow). These obligations are higher and more important than merely external obligations open to enforcement by sanctions. The latter constitute the domain in which humans make laws properly so called. The former come very close indeed to constituting a domain we are now inclined to recognize as that of morality. In it we are self-governed” (p. 165).

Moral Entities and Voluntarism

This will continue the last post’s in-depth look at The Invention of Autonomy, J. B. Schneewind’s insightful history of moral philosophy in the 17th and 18th centuries. We come to the chapter on the “central synthesis” of the religious but relatively secularized Protestant natural law tradition, carried out by the Lutheran jurist Samuel Pufendorf (1632-1694). Pufendorf develops a novel theory of what he calls “moral entities”. Schneewind notes that “Locke recommended Pufendorf’s work for the education of any gentleman’s son. It is, he said, ‘the best book of that kinde’ ” (p. 141).

While the non-naturalist and anti-realist theory of moral entities is only presented rather sketchily by Pufendorf and retains a voluntarist coloring, it is important as an alternative to the ethical naturalism of Hobbes and Locke (Locke’s endorsement of Pufendorf notwithstanding). Despite its clear voluntarist heritage and its emphasis on positive law, Pufendorf’s work also emphasizes government by consent, which — to a degree at least — explicitly undoes the unilateral conception of authority with which legal and political voluntarism, with its emphasis on the will of the sovereign, is commonly associated. (Incidentally, I just learned that Duns Scotus preceded Pufendorf in speaking explicitly of the consent of the governed, which further complicates the picture of Scotus. Locke will later become the most famous advocate of this notion of consent.)

Pufendorf introduces moral entities saying, “[C]hiefly for the direction of acts of the will, a specific kind of attribute has been given to things and their natural motions, from which there has arisen a certain propriety in the actions of man…. Now these attributes are called Moral Entities, because by them the morals and actions of men are judged and tempered” (On the Law of Nature, quoted in Schneewind, p. 120, ellipses in original).

Pondering this material has led to another conceptual refinement on my part, which again further complicates the discussion on voluntarism. Under this heading up to now I have been concerned mainly with worries over the “ideological” kind of voluntarism that plays an important role in sectarian disputes among Western Christians during the Reformation and Counter-Reformation; whose origins a number of scholars trace back to the Condemnation of 1277; whose more remote origins I have noted in the creationism of Philo of Alexandria; and which is paralleled in the occasionalism of al-Ghazali.

There is also a “technical” use of voluntarist concepts, in which a voluntarist explanatory model is used in in a more neutral way in the formulation of new theories like Pufendorf’s account of law, or in the earlier Latin medieval formulation of the theory of signification. Encountering a second instance of this in Pufendorf has led me to think more explicitly about this “technical” voluntarism, which could perhaps also describe an aspect of Brandom’s earliest, pragmatist-flavored work on social practices involved in the constitution of meaning.

To express the status of moral entities as different from natural things, Pufendorf employs the term “imposition”, which was previously used in the theory of signification developed by Roger Bacon and others. The slightly odd connotations of this term “imposition” seem in both cases to be very non-accidental. Each of these two theories makes important technical use of what can be called a “voluntarist” model. The signifier is explicitly said to be arbitrary in relation to its signified. This technical use of arbitrariness is paralleled in Pufendorf’s theory of moral entities and positive law.

In contemporary terms, both of these could alternatively be explained as “anti-realist” theories that need not depend on voluntarist claims. A certain verbal allegiance to some strands of voluntarism for a while seems to have become de rigueur in Protestant countries, even though Luther and Calvin emphasized the late Augustine’s rather extreme anti-Pelagianism, which denies any role of human free will specifically in Christian salvation. The “technical” use of voluntarist language is at least as closely related to contemporary disputes about realism and anti-realism, as it is to disputes involving ideological voluntarism. It seems that in this more technical and less ideological use of voluntarist language, its voluntarist aspect may reflect an accident of historical origin that is not essential to its meaning.

These anti-realist uses of voluntarist language partially anticipate Kant’s talk of “taking” of things to be thus-and-such. One of the most common ways in which Kant is misunderstood is by the assimilation of Kantian “taking” to some kind of subjectivism or ideological voluntarism. Before I learned the error of my ways from Brandom, I used to do this myself.

In continuing to use the term voluntarism in spite of these and other complications, and continuing to hold that it is a Bad Thing, I am deliberately practicing a kind of studied vagueness, with the thought that it names a cluster of related concepts — some more closely related than others — each of which is individually a bad theory, whether it be Divine Command Theory, which one-sidedly insists on the absolute freedom of God; an insistence on the absolute sovereignty of the ruler; a claim that law is prior to ethics, and therefore requires no justification; the intemperate attribution of metaphysically absolute or inherently sovereign free will to humans, which not only exceeds what is really required for ethical practice, but tends to undermine conscience, deliberation, and critical thought; or a theory that culture is something that we one-sidedly “impose” on the world, which ignores the extent to which culture is something we are passively assimilated into.

In a very broad sense, though, the notion of “moral entities” plays a positive role, insofar as it asserts the existence of a space for ethical practice and interpretation that is very different from the also valuable investigation and interpretation of facts and “natural” causes. Insofar as talk about imposition plays a more “technical” role, it is an optional vocabulary.

As Schneewind expounds, “Moral entities are better said to arise from ‘imposition’…. God imposes some moral entities on all human beings, and these may be called ‘natural’. The moral entities that we impose are not natural in that sense, but otherwise the two are of the same kind. Both serve to bring order into human life. The natural duties and rights which are central to morality and law obviously have this function. When we organize our affairs by giving individuals and groups socially defined roles such as husband, mayor, and town council, we are imposing moral entities on their physical being. The prices we set for things are moral entities. So also are the esteem we accord to people and all the culturally diverse distinctions constituting the offices, honors, and titles governing the right to esteem. As physical and biological beings we are independent of moral entities; but those entities constitute all the other aspects of the human world” (pp. 120-121, citations omitted here and throughout).

Pufendorf uses the anti-realist language of imposition to distinguish his view of the status of morality from that of Grotius. Grotius sees natural-law-based moral values as directly inhering in actions or things in a realist way, and Schneewind relates this back to the realist way in which natural law is developed by Aquinas. Pufendorf’s critique of Grotius seems to be the proximate historical instance for Brandom’s abstracted contrast between the derivation of normative attitudes from normative statuses, and the derivation of normative statuses from normative attitudes.

“The theory of moral entities is not worked out in any great detail in On the Law of Nature and is omitted entirely from On the Duty of Man and Citizen. But Pufendorf takes it to separate his position on the status of morality quite sharply from that of Grotius. Grotius thinks that there is a ‘quality of moral baseness or necessity’ intrinsic to certain acts, which guides God’s legislation. Pufendorf maintains strongly that it is a mistake to say ‘that some things are noble or base of themselves, without any imposition, and that these form the object of natural and perpetual law, while those, the good repute or baseness of which depends upon the will of the legislator, fall under the head of positive laws’ ” (p. 121).

The term positive law is normally applied to human law, viewed as creating rights and responsibilities. Rather than being grounded in moral valuations, rights and responsibilities on this view always already have a pre-constituted legal and binding character that is posited as prior to any moral valuation. From this point of view, law is prior to ethics and is presupposed by it. This fits hand-in-glove with the view that moral goodness is first and foremost a matter of obedience to law. The concept of law as instituted by God is also closely related to Islamic and Jewish theories that give a central place to a divine law.

In any case, it seems that for Pufendorf, natural law should be understood on the model of positive law. It is a kind of positive law that is founded by God, who is very unknowable to us. However, it is unclear how this is supposed to fit together with Pufendorf’s empiricist side, which will lead him to say that adequate knowledge of moral entities for humans can be derived from ordinary experience. The whole “modern” or “Protestant” stream of thought about natural law that makes up one facet of Scheewind’s book seems to agree that natural law is in one way or another adequately knowable from experience, and that this knowledge is not very difficult to attain.

One way that a command-and-obedience model has been claimed to be justified is by pointing out that a criterion of obedience can also be seen as leading to the idea that all humans are equally subject to the law. It can then be claimed that an interpretive paradigm of ethics, which holds that simple obedience is not an adequate ethical criterion, must be an elitist view because it sets the bar too high for ordinary people. I think this is disingenuous, because it is the obedience criterion that serves in a more direct way to ostensibly justify the view that some people just are superior, and therefore are to be obeyed.

Anyway, instead of grounding the content of law in valuations and reasons in the manner of Plato and Aristotle, Pufendorf seems to want reasons to be grounded in a primordial law. This seems to put all the determination inherent in creation under something that we are asked to think on the model of positive law.

The model of positive law seems to provide the technical basis for a radical foundationalism that has no precedent in Greek philosophy, and was only made possible by the later emergence of strong theism. This brings out an important logical tie between foundationalism and voluntarism that I had not considered before.

As I think about it now, this seems to bring out a constitutive relation between ideological voluntarism and the emergence of strongly foundationalist views, from which logical conclusions are supposed to follow in an absolute and unconditioned way. Such foundationalisms stand in sharp contrast with the classic, ultimately non-foundationalist view of Socratic, Platonic, and Aristotelian ethical reason, which makes the rightness of law depend on ethical interpretation and inquiry that is in principle open-ended.

“[Pufendorf] offers several reasons for his position. One rests on the claim that the nobility or baseness of action arises from the conformity of action to law, and since ‘law is the bidding of a superior’ there cannot be nobility or baseness antecedent to law. Another is that man’s reason alone cannot account for the difference between bodily motions that are sinful and those that are not. Reason alone might enable us to do more cleverly or efficiently what animals do, and so to make a distinction between what is expeditiously done and what is not. But without a law it would never enable us ‘to discover any morality in the actions of a man’.”

This implies a calculative view of reason rather than an ethical one.

“These rather specious arguments do not reveal Pufendorf’s central concern. It is the voluntarist concern. To set up ‘an eternal rule for the morality of actions beyond the imposition of God’ is to admit some external principle coeternal with God, ‘which He Himself had to follow in the assignment of forms of things’. Pufendorf finds this quite unacceptable. Any such principle would limit God’s freedom of action in creating man. But everyone, he thinks, admits that God created man and all his attributes freely. So God must have been able to give man any nature he wished. Hence there cannot be any eternal and independent moral properties in things. Morality first enters the universe from acts of God’s will, not from anything else” (pp. 121-122).

As Schneewind makes clear, from a mostly secular point of view Pufendorf explicitly defends a number of the classic claims of theological voluntarism. Nonetheless Pufendorf’s God acts not by just any arbitrary will that could be chaotic or random, but by foundational law-giving, which also implies coherence and self-consistency. God’s will on this view can be understood on the model of a legislator who aims to be consistent.

“God does not contradict his own will. He did not have to create man, or to give him his actual nature. But once he had decided to make man a rational and social animal, then ‘it was impossible for the natural law not to agree with his constitution, and that not by an absolute, but by a hypothetical necessity’ ” (p. 122).

Natural law would then be something like a consequence of the creation of elaborated forms. The point about hypothetical necessity is also interesting. Commands are usually compared to an unconditional or absolute necessity that cannot be rationally justified, because commands are not supposed to be questioned. Hypothetical necessity is emphasized both by Aristotle and by the founder of American pragmatism, Charles Pierce.

” ‘Now good is considered in an absolute way by some philosophers, so that every entity, actually existing, may be considered good; but we pay no attention to such a meaning’. With this apparently casual remark Pufendorf breaks with a long-standing tradition in which goodness and being are equated. Grotius would have been at least sympathetic to the tradition, and Cumberland takes it as obvious that ‘Good is as extensive as Being’. Hobbes’s definition of good in terms of desire indicates that he rejects the equation, but he does not think the metaphysical point worthy of note. Pufendorf elaborates on it in ways that separate him from Hobbes as well as from Cumberland” (p. 123).

It is not quite accurate to speak of an “equation” between good and being. The neoplatonic sources of the views Schneewind is referring to do not simply equate the two, but rather assert a kind of inherent syntactic relation between them. The Good is supposed to be the ultimate cause or reason in the constitution of all things, and therefore, it is argued, all things must be good in some way or another.

“[Pufendorf] concentrates on what is good or bad in relation to persons. So understood, he says, ‘the nature of good seems to consist in an aptitude whereby one thing is fitted to help, preserve, or complete another’. Such aptitudes are part of the nature of things and do not depend on what people want or what they think about them. With Cumberland and against Hobbes, Pufendorf takes the relations which make one thing good for another as purely objective. He goes out of his way to indicate that although the good arouses desire whenever perceived, it may be misperceived or overlooked, and in that case desire would mistakenly urge us to pursue an ‘imaginary’ good” (pp. 123-124).

Schneewind is saying that for Pufendorf, the relations that make one thing good for another are part of the nature of things, and therefore fall under natural rather than moral goodness. So it makes sense that he would call them purely objective. Since he is calling them objective and generally claiming they are to easy to know, it also makes sense that he would point out the possible exception that a perceived good may be imaginary. Some reference to the nature of things seems to be inevitable in a natural law perspective, and any such reference is in some sense a counter-weight to voluntarist ways of thinking.

“Moral goodness is quite different from natural. Moral goodness belongs to actions insofar as they agree with law. For complete moral goodness, an act must accord materially with the law or moral rule, and must be done because it does so accord” (p. 124).

This sounds like fidelity in obedience, and obedience for its own sake. There is a kind of formal analogy between this and Aristotle’s notion of ends that are sought for their own sake, but I don’t think Aristotle would agree that obedience is that kind of end.

“In his definition of law Pufendorf breaks as radically with tradition as he does in abandoning the equation of goodness and being — and he does so just as casually. ‘Law’ is defined simply as ‘a decree by which a superior obligates a subject to adapt his actions to the former’s command’. Suarez and Cumberland, following Thomas, held that law is necessarily ordered to the common good, and even Hobbes defined law in terms of what on his view is the supreme good, life” (ibid).

Certainly Aquinas but also Suarez, Cumberland, and even Hobbes do not have a purely voluntaristic conception of law. Pufendorf’s definition by contrast is purely voluntarist, which is in accordance with his conception of law as purely “positive”. This may be the main reason why it eventually fell out of favor. Later on, Schneewind will document the rise of explicit anti-voluntarism.

Schneewind goes on to document a number of ways in which Pufendorf himself already rejects the idea of a purely voluntaristic conception of authority, even though he defends a purely voluntaristic conception of law.

Pufendorf also develops a doctrine of entitlement that acts as a counter-weight to voluntaristic authority. This is likely a source for Brandom’s important idea in our own time that authority and entitlement should balance one another.

“Neither strength nor beauty nor wit necessarily entitles one to anything. Neither do facts about one’s biological parentage. The logic of moral entities entails that nature cannot morally require us to accept hereditary rulers; and power alone entitles no one — not even God — to authority” (ibid).

Pufendorf’s explicit rejection of the Hobbesian idea that the sheer possession of power confers entitlement to use it in any way one sees fit might be his most important contribution. Within the broader proto-deontological paradigm that seems to have first arisen within a voluntaristic context, and while defending a purely voluntaristic conception of law, he effectively rejects the voluntaristic conception of authority. For Pufendorf, empiricism functions as a safeguard against voluntarist excesses.

“Pufendorf is firm in rejecting several views about the attainment of moral knowledge. He denies, for instance, that moral rules are so clearly imprinted in the mind at birth that we have but to look within ourselves to know them. He finds this objectionable first on epistemological grounds. Pufendorf is an empiricist and thinks we must be able to learn the laws of nature from evidence available in experience…. [W]hat he calls the axioms or basic principles of natural law are to be gathered from experience. On these matters Pufendorf is at one with Grotius, Hobbes, and Cumberland ” (p. 127).

“For him conscience is simply the ability of men to judge actions in terms of laws…. Grotius, Hobbes, and Cumberland would have been sympathetic to this way of defining conscience. All of them hoped, with Pufendorf, that insisting on observable evidence to support moral claims would offer a way to damp down some of the fiercest outbursts of human unsociability” (ibid).

We could certainly use some damping down of those fierce outbursts in the world today.

Reasoning ought to seek evidence, rather than claim self-evidence.

The term “experience” hides a deep ambiguity between the substantive practical wisdom of “experience” that can be acquired only over time, and subjective or empiricist “experience”, understood in terms of a simplistic model of immediate sensation or immediate consciousness. (The very notion of appealing to immediacy in questions of knowledge is a late development. It is at best problematic, and at worst a cover for ideological misdeeds.)

Empiricism is another term that is fraught with ambiguity: do we mean a view that focuses on subjective experience? An experimental method? A kind of faithfulness to evidence? A focus on concrete “real world” cases? And again, “consciousness” is profoundly ambiguous. Even sensation is itself ambiguous. Are we assuming that it is somehow inherently and entirely passive? Or not?

“The question of the justification of God’s authority is more difficult for Pufendorf than it is for Cumberland. Neither thinks that the content of God’s command is what obligates; the formality of his commanding is for both what obligates” (p. 135).

The recognition that authority needs to be justified — that authority is a matter of being justified and not one of having power, or of accidents of social position — is however extremely important. I imagine that this is why Brandom sees Pufendorf in such a strongly positive light. But the claim that the content of a command is irrelevant to its justification is again a voluntarist claim.

Seeing all humans as equally subject to obedience to one law and one set of criteria certainly does have a morally good aspect, compared to explicit insistence on alleged foundational inequality. (All moral characters are not equal — we distinguish some as good and some as bad, and much else — but this has nothing to do with alleged foundational or inherent differences between “kinds” of people, or their formal social roles. Rather our goodness or badness has to do with the particulars of our becoming, with patterns of what we do and how we act, and that not just in the present moment but over the whole of a life.) Pufendorf’s emphasis on the formality of command, on the other hand, follows a voluntarist paradigm that undercuts his good emphasis on justification.

Schneewind turns to some of the problems with Pufendorf’s approach.

“Although he rejects any naturalistic reduction of moral to natural concepts, the doctrine seems to entail a kind of reductionism that threatens his desire to hold that God has authority and not only power. Authority can belong only to one who is willing to use power within just limits. But if just limits arise ultimately from God’s will, it is hard to see how God could be held to have authority in addition to strength. It is indeed doubtful that Pufendorf can allow that we can even mean anything nontautologous by saying that God rules justly. His voluntarism seems to force him into pure Hobbesianism” (ibid).

To speak of “authority and not only power” already means that authority is not to be defined in terms of power.

Human authority must be legitimated, but Pufendorf’s limited appeal to divine authority remains unilateral.

“The appeal to sanctions is problematic for Pufendorf as well. He holds a strong doctrine of free will. In this he is again opposing Hobbes. For Hobbes, … will is only an endeavor occurring in a certain position in an alternation of endeavors, wholly determined by the state of the universe preceding it. Pufendorf treats will as a power separate from desires. Its chief quality is that it is not confined intrinsically to a definite mode of action. Given all the things requisite to action, the will is able to ‘choose one, or some, and to reject the rest’, or to do nothing…. Although the will has a general propensity toward good, it can remain indifferent in the presence of any instance of it” (p. 137).

This is a restatement of the common theological claim that the human has liberum arbitrium, or a power of arbitrary choice. It is the distinguishing mark of what I call anthropological or psychological voluntarism, as distinct from the theological voluntarism that is a claim about God.

From a point of view simultaneously secular and religious, Hobbes and Pufendorf share a theological voluntarism, which they both use in a somewhat instrumental way, although Hobbes’s sincerity in reference to God has been questioned in a way that that of Pufendorf has not. They both speak in terms of a voluntarist model of law and obedience.

Hobbes favors enlightened absolute monarchy that is supposed to be reasonable, but is not supposed to be questioned. Pufendorf develops the important notion of the consent of the governed, which the political voluntarist Hobbes ignores.

Pufendorf, however, as we saw, also defends unconditional free will in humans — a stronger concept than the Aristotelian choice that is really needed for ethics — while also claiming that the stronger concept is needed for ethics. In a somewhat truncated form, he carries forward the position of the scholastic mainstream in so doing.

“Freedom of this kind is crucial. Without it, Pufendorf holds, ‘the morality of human actions is at once destroyed’. Only because we possess it are our spontaneous and voluntary actions fully imputable to us. And Pufendorf insists that we are free to accept or reject obligations as well as natural goods. When an obligation is admitted, the will is thereby inclined to do the obligatory act, but it does not lose its ‘intrinsic liberty’. Thus without the capacity freely to obey or disobey, there can be no obligation” (p. 138).

This shows the way in which theological and anthropological voluntarism are analogous. The divine will and the human will are each respectively supposed have a completely unconditional power of choice, even though such a power is not empirically knowable in the way that for Pufendorf all particular values are supposed to be.

More usefully, independent of this, obligation is only relevant when it is possible to do otherwise. He also makes the important point that obligation presupposes some form of consent to or acceptance of what one is thereby obligated to.

“Obligation is a moral entity. As such it has no causal power of its own. Desires, as part of our physical nature, can cause us to act in space and time; but recognition of obligation gives us a consideration or reason for action that does not operate in the field of force in which desires operate. Desires and obligations are thus incommensurable kinds of considerations for and against action. Hobbes could explain action as the outcome of commensurable desires pulling us this way and that. Pufendorf cannot. He therefore needs a separate faculty of free will to explain how moral entities can be effective in human life even though they possess no causal strength. But he offers no account of how recognition of a moral entity can have effects in the physical world. If he was the first modern to find this problem squarely at the center of his metaphysics of ethics, he was not the last” (ibid).

This partially anticipates the views of Kant, albeit somewhat crudely. Pufendorf treats causality in the modern way as a monomorphic field of force, but then insists on unconditional free will. I think both poles of this opposition are ill-conceived, but will forego further comment on that here. This is also not the place for a lengthy digression on the strengths and weaknesses of empiricism. But as an empiricist, Puffendorf might not be very concerned with this conceptual issue.

“The success of Pufendorf’s exposition of natural law did much to make a concern with voluntarism inescapable in European moral philosophy. It affects both our understanding of the ontological position of morality in the universe, and our understanding of our moral relation to God.”

Pufendorf’s aims were mainly practical. His main concern was law, not philosophy.

“The ontological significance of the doctrine of moral entities is fairly definite. It is a major effort to think through a new understanding of the relation of values and obligations to the physical world. It presents a new response to the developing scientific view of the world as neutral with respect to value. Accepting the concept of a purely natural good dependent on the physical relations of things to humans, Pufendorf refuses to see it as the sole kind of value, and insists that moral norms are conceptually independent of it. He denies the old equation of goodness with existence, and the Grotian assertion of special moral qualities built into the nature of things. He equally repudiates the reductionism of Hobbes and Cumberland, the definition of all evaluative terms by means of terms descriptive of the physical world. Moral entities involve ideas and beliefs that do not in any way represent the way things are in the world. Their whole point is to guide action. Moral entities are inventions, some of them divine, most of them human” (pp. 138-139).

The view attributed to Grotius that he denies is not exactly an “equation” of goodness with existence, but more the assertion of an intrinsic relation.

“Pufendorf’s main reason for taking this line is that it alone allows us to have a proper understanding of God. Only voluntarism leaves God untrammeled. Religious voluntarists before Pufendorf might have accepted much of this. What they could not have accepted, and what makes Pufendorf’s voluntarist account of the construction of morality so striking, is that humans are accorded the ability to construct functioning moral entities in just the way that God does, and just as efficaciously. It takes God to get the process started; but God has made us so that constructive willing is part of our normal rational activity” (p. 139).

Pufendorf defends what I and some others call anthropological voluntarism, as well as theological voluntarism. Hobbes by contrast is widely recognized as an anthropological anti-voluntarist, because he not only does not treat free will as central in the human, but denies it altogether.

In all contexts like this, though, it is also important to ascertain what each author means by free will in the human. Some people speak as though any denial of strict determinism should count as an affirmation of free will. Others speak as though free will in the human is something radical and altogether exempt from natural determination. That is what I mean by anthropological voluntarism.

It is important to me to affirm that there is a spectrum of possible positions here. Strict determinism and voluntarism are two extremes. All the views that are called “compatibilist” would fall in between. I hold that Aristotelian choice also falls in between, though I would not call it “compatibilist”, because neither of the extremes had even been explicitly formulated yet in Aristotle’s time. I think the talk about compatibilism is somewhat misguided, because it seems to be understood as the claim that the two extreme views are compatible. I agree with Kant that they are not.

Schneewind’s implication that religious voluntarists as a whole could not accept anthropological voluntarism might be true within the early Protestant traditions, which I have not studied. It is certainly possible to have theological voluntarism without anthropological voluntarism. But while I am from being an expert on the Franciscan tradition, my recent investigations have strongly strongly suggested that a combination of theological with anthropological voluntarism (which would be something like the view that free will is prior or more fundamental in the human than intellect) is in fact the norm in that tradition. The early Augustine of the famous treatise on free will also seems clearly to embrace anthropological as well as theological voluntarism.

“[Pufendorf’s] view of religious language is Hobbesian, but with him there is no question, as there is with Hobbes, about whether his voluntarism is a cover for atheism. Pufendorf was a sincere Lutheran. God, for him, is beyond our comprehension. He is our creator and ruler, whom we are to honor and obey. But he and we are not in any sense members of a single community, as Cumberland thought that we are” (ibid).

“Pufendorf takes it that [God’s] message to us is that in this life we are to rely on one another. Any advantages we have now come to us from ‘men’s mutual assistance’. Reason shows us God’s most general instructions. The rest is up to us” (p. 140).

Beyond Obedience: Brandom’s “Lost Chapter”

Early modern legal and political theory has a significant historical relationship to theological voluntarism that it would be important to understand. This also seems relevant to my recent work on Scotus (or vice versa).

A chapter of Brandom’s A Spirit of Trust that was omitted from the final published version, and mainly traces antecedents of Hegelian mutual recognition in early modern social contract theory, first brought this issue to my attention. I will be devoting a few posts to it.

It seems indisputable that social contract theory has a genealogical relationship to theological voluntarism. But it is no secret that I prefer to ground mutual recognition in Aristotle’s ethical concept of friendship. Among other issues, social contract theories are tainted by an at best only partial emancipation from their voluntarist heritage. It is my contention that Kant and Hegel finally work free of this widespread voluntarist taint that Plato and Aristotle never shared, and this is one of the reasons why they are so valuable.

I was initially quite horrified to see what looked like a kind of historical valorization of voluntarism by one of my heroes. But although it does contain a few valorizing phrases, as I read it now, Brandom’s discussion really has more to do with the existence of counter-trends within trends than with a real endorsement. In any case, this additional complication deserves to be documented. For now I will skip over the first section, which offers a nice recap of his high-level view of Kant and Hegel, on which I have commented several times already.

“The traditional metaphysics of normativity that Hegel sees all subsequent forms of understanding as developing from the rejection of is the subordination-obedience model” (Pre-Hegelian Stages in the History of the Metaphysics of Normativity, p. 6).

Elsewhere, Brandom has referred to this as the authority-obedience model, but the meaning is the same. This bad model puts all authority on one (commanding) side, and all responsibility on the other (obeying) side. Brandom has championed the idea that authority and responsibility should instead be apportioned symmetrically. Aristotle would approve of this.

Obedience has no role in rational ethics. A rationally ethical person will normally obey the law, giving the benefit of the doubt to measures designed to promote safety and social peace. But her motivation for doing so is a general consent to the reasonableness of enacting such measures.

Aristotle’s highest moral ideal is the reciprocity of friendship. He further suggests that we extend the model of friendship to those who dwell in our city. In the same spirit, it could be extended further, and that is just what Hegel eventually did. The only reference to obedience in Aristotle’s Nicomachean Ethics is the incidental mention of a sick person disobeying her doctors, in one of his examples.

However, in the development of the Latin tradition, obedience came to be designated as a virtue in its own right. In the early modern period, all virtue was sometimes reduced to obedience. This was reinforced by the concept of “positive” law, which is supposed to be obeyed merely because it is law, independent of whether the law is just or rational or not. This makes goodness a derivative property that follows from the meeting of obligations, rather than being based on independent criteria. An obligation of obedience to authority displaces proper human ends. Meeting such obligations becomes an end in itself.

“The distinguishing feature of this model is that the paradigmatic normative status, obligation, is taken to be instituted by the command of a superior. As an explicit metaphysics of normativity, the origin of theories of this sort is in theology, in a picture of God as the ultimate legislator, whose commands institute laws that his creatures are obliged to obey. The voluntarist wing of Catholic natural law theory represented by Duns Scotus and William of Ockham gave rise to Protestant natural law theorists who to one extent or another secularized and naturalized the approach. (I’ll say something further along about the significance for Hegel of the contrary intellectualist wing of the natural law tradition — paradigmatically Aquinas, but also Averroes — and of Suarez’s characteristic attempt at a synthesis of the two.) Grotius, Cumberland, Hobbes, Pufendorf, Thomasius, and Locke all understood the normatively binding force of laws, their capacity to oblige obedience, as rooted in the antecedent existence of a superior-subordinate relationship between the authoritative promulgator of the law and those responsible for obeying it” (pp. 6-7).

This emphasis on obedience to authority is a big part of what I mean by a “voluntarist taint”. For some, like Hobbes, this is not just a taint, but something wholeheartedly embraced.

“Hobbes attributes God’s natural right to command obedience to his ‘irresistible power’ to punish disobedience. His ‘state of nature’ is identified precisely with the lack of natural social relations of ‘sovereignty and subordination,’ among humans, in which no-one owes obedience to anyone else because power to punish, from which the right to command obedience derives, has not yet been concentrated in a sovereign. Locke, too, thinks that ‘the inferior, finite, and dependent is under an obligation to obey the supreme and infinite.’ But he understands God’s authority to oblige and compel human obedience as consisting not only in his power to do so, but as rooted in another matter of objective fact: his status as our creator. A creator, he thinks, has a natural right to lay down laws creating obligations of obedience for his creations” (pp. 7-8).

Hobbes bluntly affirms political voluntarism and a Thrasymachan “might is right” doctrine as justification for absolute monarchy. Locke is more refined, but adding a creationist justification to a voluntarist justification is not particularly helpful.

“Cumberland offers a characteristically mixed account. He analyzes law into two components, the precept (the content enjoined or proscribed) and the sanctions provided for noncompliance. Possession of the power to punish disobedience is a non-normative matter. But God’s paradigmatic possession of normative authority as a superior to legislate for subordinates depends crucially on his benevolence towards those subordinates. It is his wishing them well (and knowing what is best for them) that is the basis of his normative status as superior in the sense of having the right to legislate. On the one hand, one can think of God’s (or a king’s) benevolence as a matter of objective fact. He either has the attitude of wishing the good for his subordinates, or he does not. On the other hand, the attitude of benevolence is itself a normative attitude: being motivated to act for their welfare, aiming at what is good for them” (p. 9).

The moment authority becomes even partially answerable to something like benevolence or a standard of reasonableness or justice, we no longer have pure authoritarianism or voluntarism. It is debatable whether we still have voluntarism at all if it is qualified in any way, since the distinctive mark of voluntarism is to explicitly allow or “justify” arbitrariness, which means anything at all. But whatever we call them, the existence of mixed forms needs to be recognized.

[quote from Richard Cumberland, A Treatise of the Laws of Nature (1672):] “the Obligation of a Law properly so called, which proceeds from the Will of a Superior,” (p. 9n).

Here we have the voluntarist calling card.

[Cumberland:] “the intrinsick Force of all those Arguments, with which the Legislator (God) uses to enforce Universal Benevolence, is, in my opinion, all that is meant by the Obligation of Laws: The Rewards annext to Universal Benevolence by the right Reason of Men, chiefly oblige, because they promise, beside the Favour of Man, the Friendship of the Chief of Rational Beings, GOD, the Supreme Governour of the World. The Punishments they inflict by the same Reason, are both Parts of the present, and most certain presages of the future, Divine Vengeance” (ibid).

Reward and punishment are sub-ethical motivations. But benevolence is a genuine ethical criterion.

[Cumberland:] “That the End of the Legislator, and also of him who fulfils the Law of Nature, is far greater and more excellent, than the avoiding that Punishment, or the obtaining that Reward, whence the Law receives its Sanction, and which is what immediately affects every Subject; though the Obligation of every Subject to yield Obedience be indeed, immediately, discover’d by those Rewards and Punishments. For the End, that is, the Effect directly intended by both, is the Publick Good, the Honour of the Governor, and the Welfare of all his Subjects” (ibid).

The public good and welfare are again genuine ethical criteria.

Brandom finds greater clarity in Samuel Pufendorf (1642-1694). The next section, to which I will devote a separate post, will go into more detail on Pufendorf as a precursor to Kantian ethics. We get just a taste of it here.

“Pufendorf, too, rejects Hobbes’s claim that the superior/subordinate status relationship that is the source of the normative force of obligations consists solely in the differential power of the one who is owed and the one who owes obedience” (p. 9).

Might does not confer right.

[quote from Samuel Pufendorf, Of the Law of Nature and Nations (1672):] “Neither strength nor any other natural pre-eminence is alone sufficient to derive an obligation on me from another’s will, but that it is farther requisite that I should have received some extraordinary good from him, or should have voluntarily agreed to submit myself to his direction” (pp. 9-10).

“God, for instance, gave us an ‘extraordinary good’, performed a ‘special service’ by creating us, so this thought might be seen to be behind Locke’s invocation of the right of the creator. Or, as Cumberland has it, God showed us his benevolence towards us by not only creating us, but creating us in his image in the specific sense of making us like him at base universally benevolent. Here we see two rising themes challenging the grounding of obligation in prior objective relative statuses of superior/subordinate, calling forth command on the part of the superior and obedience on the part of the subordinate as the consequent appropriate practical acts or normative attitudes” (p. 10).

Here Brandom’s analysis is extremely valuable.

“One is the idea that the status of superior, having the right to command, to oblige those commanded to obey, has not only normative consequences, but also normative conditions. This is the idea that being a superior is a normative status that one must deserve (for instance, through the fact of service or an attitude of benevolence). This goes beyond the simple idea that authority is more than mere power. For that distinction can be made entirely on the side of the consequences of application of the concept superior. It is the claim that the circumstances of application of that concept are themselves normative in character. One has to have done well by the subordinates through performing a service, or at least had an attitude of wishing them well, that is, benevolence towards them. The second idea is the idea that the status of being a superior, in the sense of having a right or authority to impose obligations and command obedience (as opposed to the mere power to punish noncompliance) might be dependent on the attitudes of the subordinates: on their having agreed or consented to, or otherwise acknowledged that authority” (ibid).

If there is such a thing as a right to command others and not just a power to do so, that right is necessarily conditional and not absolute. This is related to the Enlightenment notion of government by consent.

“Both these ideas can be seen at play throughout early modern thinking about normativity. And they both stand in substantial tension with the traditional metaphysical picture of normative statuses of obligation as rooted in the prior existence of objective ontological relations of superiority and subordination, as epitomized by the neoplatonic scala naturae. The idea that beyond one’s power to enforce obedience, status as a superior with the normative authority to impose obligations is something one might or might not be entitled to — that the normative issues of one’s right to command or whether one deserves to do so are not settled just by how things non-normatively are — threatens to undermine the idea that all normative statuses can be understood to be instituted by the commands of superiors to subordinates. As Leibniz argues in his “Opinion on the Principles of Pufendorf” of 1706, if it is acknowledged that besides power there must be reasons justifying commands for them to be legitimately imbued with the authority of a superior, understanding what entitles the superior to command as a normative status instituted by the command of a superior would create a circle ‘than which none was ever more manifest’ ” (p. 11).

Once the issue of entitlement to command is raised, it cannot be answered by simply appealing to another command.

“The subordination-obedience metaphysical model of normativity that explains the normative status of obligation on the part of the subordinate cannot be extended to explain the normative status of being entitled to the authority to command. If the concept of the status of superiority not only has normative consequences of application in the form of authority to impose obligations on subordinates, but also normative circumstances of application in the sense that the one who commands must be justified in doing so, must deserve, be worthy, or have a right to that authority, then some other form of normative status must be acknowledged that is not itself to be understood on the model of institution by the command of a superior. Leibniz, like Cumberland, looked to the attitude of benevolence. The thought that the relative statuses of superiority and subordination are themselves already fully normative statuses is part of what is behind the famous opposition between law and love (for example in the natural law tradition and in the Cambridge Platonists, respectively) as what is taken to be the most basic conception in early modern moral theory” (pp. 11-12, emphasis in original).

“The second idea is even more momentous. For it is the idea that the normatively significant status of having the authority to impose obligations (which according to the first idea also counts as a normative status in the sense that exhibiting it has normative conditions of desert, worth, or entitlement) is, or at least can be, attitude-dependent. Pufendorf’s invocation of ‘consent’ (or elsewhere ‘acknowledgement’) by the subordinate as a condition of the superior’s right to command marks a decisive change from traditional views. The idea that the normative statuses instituted by natural law might be dependent on normative attitudes is a distinctively modern one. Indeed, the core of Hegel’s understanding of the transition from traditional to modern selves, norms, and societies, as laid out in the Spirit chapter, should be understood to consist in a shift in the relative priority of normative statuses and normative attitudes…. The basic thought is that it is of the essence of traditional structures of normativity that normative statuses are conceived of as objective, in the sense that neither their content nor their binding force depends on anyone’s normative attitudes. Those normative statuses set the standard for assessments of the propriety of attitudes. The law is what it is, independently of what anyone thinks about it, and one is obliged to acknowledge one’s responsibility to its authority. The paradigmatic form of this traditional structure is what I have called the “subordination-obedience” model of normativity. In its classic form, being a subordinate or a superior is an objective normative status, and normative subjects are supposed to (are subject to a distinctive kind of criticism, including punishment, if they do not) acknowledge them by adopting practical attitudes of obedience and command” (pp. 12-13).

I would say this a little differently. What is important to the argument is that from a Kantian or Hegelian point of view, normative statuses are never simply given. They are always the result of an evaluation, though the quality of the evaluation may be better or worse. What is important to the argument is that normative statuses are the result of an interpretation.

“By contrast, it is distinctive of modernity to take normative statuses of authority and responsibility, entitlement and commitment, to be instituted by normative attitudes of acknowledging or attributing those statuses: taking or treating someone in practice as authoritative or responsible, entitled or committed. While Hegel insists that this modern model expresses a genuine and important truth about the metaphysics of normativity, in the end he sees both the traditional and the modern models of normativity as one-sided: the first as hyper-objective and the second as hyper-subjective. Just as traditional accounts failed to acknowledge the authority of attitudes over statuses, the responsibility of statuses to attitudes that the moderns had discovered, even the most sophisticated version of the modern understanding, Kant’s autonomy account, though it does also acknowledge the authority of statuses over attitudes, the responsibility of attitudes to statuses, which the tradition had appreciated, fails adequately to integrate the traditional and modern lines of thought. Hegel’s own social recognitive metaphysics of normativity is to give each its due” (p. 13).

Kant already aims at a kind of synthesis of these two perspectives. Hegel, according to Brandom, judges that Kant fails to achieve it, because Kant treats moral judgment only from the point of view of the individual.

“The vocabulary I am using to express these ideas is mine rather than Hegel’s. He does not use the terms ‘authority’ and ‘responsibility’. These are the terms I am adopting to talk about what he discusses under the headings of ‘independence’ and ‘dependence’, neither of which, he insists, can properly be understood independently of its relation to the other, both of which must be understood as themselves interdependent ‘moments’ in a more complex structure. Though he uses these central logical-metaphysical terms in many ways, I want to claim that the normative uses paraphrasable in terms of authority and responsibility are fundamental — their ‘home language game’. Nor does Hegel use the terms ‘status’ and ‘attitude’. These are the terms I am adopting to talk about what he discusses under the headings of what things are in themselves (Ansichsein) and what they are for themselves or others (Fürsichsein). The discussion in the previous chapter of understanding self-conscious selves as beings such that what they are in themselves is an essential element of what they are for themselves introduces the idea of a kind of normative status, being a self-conscious individual normative subject, that depends on (is responsible to) normative attitudes (the commitments one acknowledges by identifying with them). Though ‘in-itself’ and ‘for-itself’ (also ‘for-an-other’) are central logical-metaphysical terms Hegel uses in many ways. For instance, in discussion [of] the Perception chapter, we saw them used to distinguish, roughly, intrinsic from relational properties. But I claim that their use to distinguish normative statuses from practical normative attitudes in the social recognitive metaphysics of normativity is fundamental — their ‘home language game’. This strategy of understanding ‘independence’ and ‘dependence’ in terms of authority and responsibility and ‘in-itself’ and ‘for-itself’ (‘for-an-other’) in terms of normative statuses and normative attitudes lies at the core of the semantic reading of the Phenomenology I am offering here” (p. 14).

This is a good reminder that when Brandom speaks of attitudes, he means to express what for Hegel is part of a broader notion of what something is for itself, or for another. As Brandom points out, relational properties are another example of what something is “for” (in relation to) another. Hegelian self-consciousness is perhaps the most famous “for” relation. Its relational character is the simplest reason why self-consciousness is not properly speaking a (non-relational) thing, and why it should not be identified with any simple term like ego, which is again a non-relational thing. When we speak of attitudes in an empirical way, they may seem like non-relational, simple properties, perhaps of a psychological sort. On the other hand, the Avicennan intentions that are so important for Scotus and others do have an intrinsically relational character. But in all these cases, the meaning of “relation” (Latin relatio) in question is the Aristotelian category of (asymmetrical) pros ti (toward what). It is in view of this well-established and different older usage that Pierce avoids the term “relation” when speaking about the inherently symmetrical mathematical relations that he calls “relatives”.

“Of course ancient and medieval philosophers acknowledged that there were some normative statuses that were instituted by practical normative attitudes. Having the authority or responsibilities exercised by one who holds some elected office, or those conferred by explicit legislation in cases where the aim of the legislation could obviously have been achieved in other ways are central among them. But the most basic norms, those defining the persons or normative subjects of positive laws, were not understood to be of this kind. The whole idea of natural law is intended to contrast with that artificial kind of law. The normative statuses articulated by natural laws are to be construed as necessary, as conceptually and metaphysically antecedent to and independent of the contingent attitudes, practices, and institutions of creatures of the kind whose nature they articulate” (p. 15).

The term “person” names a standing under Roman law. The reference to normative subjects here reflects Brandom’s main philosophical use of “subject”, which is normative and non-psychological, as is also true of his use of “intention” and “intentionality”. (This sharply distinguishes the latter from its Avicennan sense, revived by Brentano in Psychology from an Empirical Standpoint (1874). Brentano says that all psychological phenomena and only psychological phenomena are intentional.)

Next, Brandom devotes three paragraphs to medieval voluntarism and intellectualism. This is obviously a very limited engagement, but his concern is with tracing antecedents backward from Hegel. This is the farthest point he reaches, so it makes sense that it would be the least detailed part of the discussion. (In contemporary Hegel scholarship, it is Robert Pippin who has discussed Hegel’s relation to Aristotle in the greatest depth.)

“In this connection it is illuminating to consider the distinction within the natural law tradition between intellectualists and voluntarists. Intellectualists, paradigmatically among the Catholic theologians, Aquinas, held that the authoritativeness of commands issued by superiors to subordinates (expressions of the attitudes of those superiors) answered to (depended upon) reasons rooted in the same objective natures that determined their relative ‘primacy’ as superiors/subordinates. Even God, with the objective status of superior to all, is understood as constrained in the laws he lays down by the demands of reasons concerning the objective good of creatures with the natures with which he has endowed them. God’s unconstrained omnipotence is acknowledged by attributing to him the ‘absolute’ power to have created beings with different natures than the ones he actually created, but his ‘ordained’ power, given the natures he actually created, is understood as constrained by reasons provided by those determinate natures. He could not have made murder or (tellingly) adultery right. Even God’s normative attitudes, as expressed in his commands, in this sense answer to antecedent objective normative statuses” (pp. 15-16).

“By contrast, theological voluntarists, such as William of Ockham reject the constraint on God’s attitudes by reasons rooted in objective natures, as codified in Aquinas’s distinction between his absolute and his ordained power. What makes something right or obligatory (institutes those normative statuses) is just God’s normative attitudes towards them, his approval or commands. Those attitudes are not constrained by reasons stemming from any antecedent objective normative statuses. It is his will alone (which I am talking about in terms of his normative attitudes) that institutes normative statuses of obligation and permission. God could, if he so chose, have made murder and adultery right — though he did not in fact do so. The theological disagreement between intellectualists and voluntarists about the relationship between normative statuses stemming from objective created and creating natures and normative attitudes (obligation-instituting acts of divine will) is intimately entangled with the ontological-semantic dispute between realists and nominalists about universals. Ockham attributes no reality to kinds or natures over and above the reality of the particulars they group. Assimilating particulars by treating them as exhibiting a common universal or nature is itself an act of will, the expression of a practical attitude. The groupings are arbitrary in the original sense — the product of ‘arbitrium brutum’. Understanding universals, including kinds and natures, as the product of contingent activities of naming (hence ‘nominalism’) makes reasons deriving from those natures themselves attitude-dependent” (p. 16).

Brandom here treats will as a normative attitude. What it makes sense to treat this way is any particular, definite will, but not the famous or notorious faculty of unconstrained choice. It is assertion of the latter that defines voluntarism.

I believe Brandom is a truly great philosopher, but Aquinas and Ockham are mere cartoon figures here. Aquinas is indeed more “traditional” in some ways. But Aquinas recognizes the existence of rational ethics, independent of revelation. That to me is huge. Ockham, like Scotus, both makes radically voluntarist claims and endorses ethical criteria of right reason and good intent. I find the combination very confusing.

Later, Brandom mentions that Luther and Calvin were voluntarists. Nominalism also seems to have been strong in early Protestantism. I have no basis for arguing with any of that. But all this together is far from justifying a presumption that voluntarism per se must therefore be considered historically progressive. There are a great many other alternatives to voluntarism besides Thomism. And Thomism itself is far from monolithic.

(But Hegel himself valorizes Protestantism, and Luther in particular, and shares the Enlightenment disdain for scholasticism. But in Hegel’s day as in the Enlightenment, medieval philosophy was virtually terra incognita, especially in Protestant countries. This was true because printed books and pamphlets in vernacular languages had become predominant. Most works of medieval philosophy did not exist in print or in a vernacular language, but only as rare Latin manuscripts that hardly anyone studied, or even had access to. It is easy to be disdainful of what we only know from a caricature.)

The third paragraph devoted to this topic sums up the outcome.

“Divine command theorists understand the obligations — normative statuses obliging the adoption of normative attitudes of obedience — of us subordinates-because-inferiors as instituted by divine attitudes (expressed in commands, acts of will), even if the framework of relative normative statuses of superior-subordinate is understood as objective in the sense of attitude-independent. Where intellectualists see all attitudes as answering to attitude-independent statuses, voluntarist natural lawyers do not see the status-instituting attitudes of superiors as themselves constrained to acknowledge prior statuses. The voluntarists can be thought of as holding a variant of the traditional subordination-obedience model. But compared to the still more traditional intellectualists, they substantially inflate the significance of attitudes relative to statuses” (pp. 16-17).

He is right that both voluntarists and “intellectualists” in the middle ages largely adhered to the obedience model. But if all attitudes are attributed to the will, it is pretty much a tautology that voluntarism puts more weight on attitudes. The voluntarist refusal to acknowledge any constraint on the will is precisely what leads to arbitrariness.

The argument of Plato’s Euthyphro is not mentioned here. According to the internet, this objection to divine command theory is well known to contemporary scholarship. The so-called Euthyphro dilemma is widely regarded as the most serious issue that divine command theory has to face.

At the paragraph’s end is the sentence that I found really disturbing.

“In this sense, theological voluntarism in the Catholic natural law tradition represents the first stirrings of the attitude-dependence of normative statuses that would burst into full bloom among the early modern Protestant natural lawyers: the thin leading edge of the wedge of modernity. (Luther and Calvin were voluntarists.)” (p. 17).

Given Brandom’s sympathy for the classic American pragmatists’ “Whiggish” belief in progress, this “thin leading edge of the wedge of modernity” amounts to a claim that theological voluntarism should be seen as historically progressive. Fortunately, this weak link in this part of the argument is not essential to the larger point he is making. In particular, it does not affect the insightful reading of Pufendorf’s notion of the consent of the governed that is to follow.

“It is still a huge, distinctively modern, step from understanding the normative statuses of subordinates to be dependent on the normative attitudes of their superiors to seeing the normative status of being a superior (‘primacy’) as dependent on the attitudes of the subordinates. It is, of course, the driving idea of social contract theories of specifically political obligation. I quoted Pufendorf above rejecting Hobbes’s claim that objective matter-of-factual power over others could confer the status of superiority in the sense of the right to command attitudes of obedience, when introducing the notion of consent of the subordinates as an attitude that can institute the relative statuses of superior-subordinate. Pufendorf himself recognizes that a thought like this is also present already in Hobbes, quoting him as saying as saying ‘All right over others is either by nature or by compact.’ Pufendorf radicalizes Hobbes by rejecting the idea that power all by itself can confer right over others, insisting that only the combination of consent and power to punish confers such normative primacy” (pp. 17-18).

This notion of consent, of course, is foundational to modern democratic politics.

“Hegel sees a paradigm of the shift from traditional to modern modes of thought in what became the popular contrast between status-based ‘divine right of kings’ political theories and the attitude-based consent theories epitomized by Thomas Jefferson’s resonant words in the American Declaration of Independence (paraphrasing Locke in his “Second Treatise of Civil Government” of 1690): ‘…governments are instituted among men, deriving their just powers from the consent of the governed.’ According to this line of thought, the distinction between possessing matter-of-factual power and exhibiting the normative status of just power is a matter of the attitudes of the subordinates subject to that authority to oblige obedience” (p. 18).

The Moral Core of Scotist Ethics

Previously, I discussed the introduction to Mary Beth Ingham’s The Harmony of Goodness, on the ethics of John Duns Scotus. Here I extensively quote and discuss her central chapter on moral goodness.

“Scotus inherited a framework of Stoic natural law and Augustinian eternal law from his immediate predecessors…. The created order is the direct result of divine choice; all nature and human nature have been established according to God’s will” (ibid).

Only a single sentence separates the two in the above quote, which seem to pull in opposite directions. The venerable tradition of natural law is usually seen as a family of views that hold core ethical values to be universal, inherent to human nature, and discoverable by reason. This is usually seen as incompatible with their depending directly on the will of God.

Like natural law, the eternal law in Augustine that she mentions is similarly supposed to be universal and unchangeable, in accordance with Augustine’s strong emphasis on separation of the eternal from the temporal. But at the same time, Augustine’s early work On Free Choice of the Will is the founding document for voluntarism in the Latin tradition. So the same tension is already present in Augustine. (Incidentally, On Free Choice of the Will was translated by the same Thomas Williams who translated the newer anthology of Scotus’s writings on ethics, and who has debated with Ingham about voluntarism in Scotus). And already the earliest Franciscan theologians sought to explicitly weave a modified view of natural law into their theological voluntarism (see also A Theology of Beauty?, Free Will as Love?). All this prefigures the ambiguity that we have recently begun to see in Scotus.

“To pursue and love the good is in fact to pursue God, the proper object of the human will. All this means that Scotus understands moral goodness according to an ancient paradigm: as the beautiful whole made up of an action and all the circumstances surrounding it” (p. 84).

This sort of perspective ought to be welcomed. The formulation here, though, seems crafted to remain agnostic on the question of Plato’s Euthyphro: Does God will a thing because it is good, or is it good because God wills it? The Platonic Socrates and Leibniz hold the former; the latter defines theological voluntarism.

“Deus diligendus est (God is to be loved) expresses theologically the first and fundamental principle of the moral domain. As Scotus explains, this principle belongs to natural law and admits of no exception” (p. 86).

With Plato, we ought to affirm that the Good is beautiful, and is to be loved. Any view that supports this (and I believe that includes the implicit views of most people) ought to be kindly received. The good, the beautiful, and the lovable constitute the free and generous poetic ground of religion. Darker views of a world dominated by sin and requiring commanding authority to achieve a semblance of goodness ought to be banished.

“The Good is to be loved” or “God is to be loved” is a very abstract kind of natural law. According to Ingham, Scotus holds that the first three of the ten Mosaic commandments — glossed by the Franciscans as “God is to be loved” — have an absolute status, whereas the other seven are metaphysically contingent on choices made by the Creator in instituting the order of the world. It is the absolute part that he associates with natural law.

Any substantive natural law limits the scope of voluntarism. But the meaning of voluntarism is precisely to assert that there is no such limit. But Scotus asserts the truth of voluntarism, and he asserts the existence of natural law. In this he is followed by Ockham.

“[T]he more perfect moral act is really a more intensely loving action. As primary moral principle, the command to love God above all grounds the body of knowledge called moral science. Here too, this body of knowledge is accessible to human reason and to the human will via the higher affection for justice…. Our human will is constituted to seek the good as known in a manner which is not necessitated by any external force. Our ability to control our own actions and to develop in self-mastery and self-determination is the foundation for moral living. In other words, persons who wish to pursue a moral life seek to love justly, in accord with an objective order. We want to love the highest good in the most perfect manner” (p. 87, emphasis in original).

The main substance of this seems right, and the universality at the end is to be commended. But in company with Aristotle, I prefer to speak neither of moral science nor of commands. What could be termed loving justly, in accordance with a broadly but not strictly objective order, is matter for wise judgment that can also be called free. No genuine seeking of the good by any being is necessitated by external force. It is a desire from within. We are attracted to the good. The affection for justice is as much of a motivator for humans as the desire for advantage and convenience.

“Accordingly, the human desire to love God is not limited to a narrow class of believers. In fact, all persons desire to love the highest good in an absolute manner” (p. 88).

This is a most welcome conclusion. It is a ground for the elimination of all sectarianism.

“There are two great commandments. Love for God constitutes the first commandment, love for neighbor the second” (p. 89). “The first command ‘God is to be loved’ is an analytic truth…. According to the present contingent order, we observe the command to love God through acts of love for our neighbor” (p. 90).

Notwithstanding the oddness of identifying commands with propositions, to speak of analytic truth here is consistent with calling it natural law.

“In his distinction between natural law narrowly understood … and more broadly construed … Scotus remains coherent without requiring narrow legalism. Exceptions are seen to be part of the moral landscape; we should not be surprised when we encounter them. Indeed, the natural and moral orders are woven with threads of particularity. Concrete situations require good judgment and right action” (pp. 93-94).

Yea, verily.

“Although Scotus’s discussions of the relationship of the law to the divine will appears to align him with a divine command tradition, in fact this is not the case. In contrast to a natural law tradition (where moral goodness depends upon rational discernment of the good as seen in the natures of things and their natural perfection), a divine command theory maintains that the foundation for moral living (both necessary and sufficient) rests entirely upon God’s commands” (p. 94).

I think she successfully makes the case that this is not a crude divine command theory, such as we might hear from some fundamentalists. But I expect that Ockham’s version would also not be a crude one. But it is Scotus and Ockham themselves who want to affirm that there is a kind of natural law layered on top of a subtler divine command theory.

“He identifies the first command (Love God) as a self-evident truth. It is true on the basis of the meaning of its terms, not on the basis of any ulterior proposition or command. Scotus explicitly argues, ‘if God is, then God is to be loved’, since God is, by definition, the highest Good. Moral actions are determined on the basis of the natural and rational recognition of the good.”

If we put aside the somewhat spoiling but possibly inessential references to command, otherwise this does not sound at all voluntaristic. Self-evidence is another notion that is perfectly valid when taken broadly, though it goes wrong when we attempt to take it too strictly. But excessive claims of self-evidence are a very different kind of error from voluntarism.

The question is whether any additional essential good is accomplished by also calling something (the object of ) a command, when we have already recognized it as an intrinsic good. Plato and Aristotle would say no.

“A second implication of this vision relates to the ecumenical dimension of this moral approach. By identifying a first, self-evident principle for moral living, Scotus escapes moral sectarianism and remains a thinker whose ideas are strong enough to be attractive to traditions other than Judeo-Christian. His moral presentation of law neither requires adherence to Christianity nor to any specific Christian revelation” (pp. 94-95).

These are consequences we ought to expect from a point of view that recognizes the existence of any natural moral law, even (or perhaps especially) a very abstract one like Scotus is advocating.

“Scotus removes any reference to necessary fulfillment (a transcendent teleology) in an eternal reward from moral discussion and focuses his attention on the concrete act and agent seen, here and now, in all their particularity as morally beautiful. The morally good act is not judged insofar as it is a means to a pre-determined end. Rather, it constitutes an artistic whole within which harmony and proportion exist among its several elements. Likewise, the morally mature person imitates divine creativity in judging what is morally beautiful, in producing beautiful acts and a beautiful character” (pp. 97-98).

The morally good act is not to be viewed as a means to obtain a future reward, but as an intrinsic good in itself. The criteria for human goodness are to be found here in earthly life, thoughtful inquiry, and attitudes of caring concern. Belief in specific propositions about sin and reward does not add to moral goodness.

“Ordinatio I, distinction 17 offers us the classic text for Scotus’s elaboration of moral goodness as it is linked to judgments of beauty.”

[quote from Scotus:] “one could say that just as beauty is not some absolute quality in a beautiful body, but a combination of all that is in harmony with such a body (such as size, figure, and color), and a combination of all aspects (that pertain to all that is agreeable to such a body and are in harmony with one another), so the moral goodness of an act is a kind of decoration it has, including a combination of due proportion to all to which it should be proportioned (such as potency, object, end, time, place, and manner), and this especially as right reason dictates” (p. 98).

This is the centerpiece of her case. Though so far at least it is only a single passage, moral goodness is here very clearly identified by Scotus with a kind of beauty. I do find it odd to refer to it as a decoration, though. This makes it sound like a superficial addition. I think the goodness of an act is essential to what act it is.

“The Ordinatio I, distinction 17 definition of moral goodness as ‘the harmony of all circumstances [belonging to an act] in accord with right reason’ blends mutuality, virtue, consequences, and principle within an aesthetic model.”

“When Scotus refers to all the circumstances which belong to an act, he appeals to Aristotle’s discussion in the Nicomachean Ethics. The morally good act admits of several converging factors: goal, object, intention, time, place, manner and consequences” (p. 100, brackets in original).

I can only applaud when Scotus explicitly invokes the Nicomachean Ethics here. Others might insert ugly talk about sin at this juncture. And again, this part does not seem at all voluntaristic.

“The appropriate course of action must be determined by the operation of right reasoning. For example, while lying is wrong, telling the truth is not always appropriate. Sometimes ‘telling the whole truth’ would do more harm than good. The morally mature person is capable of determining when the truth should be told, and to what degree the truth should be told” (ibid).

Scotus according to Ingham seems to be saying, God commands us to use good judgment. With that sort of claim and that sort of command, I have no issue.

“The most fundamental dimension of goodness in a moral act relates to its objective quality. By objective, Scotus means directing attention to the object of the action. For example, in the proposition ‘tell the truth’, truth is the object of the action. ‘Love your neighbor as yourself’ is an objectively good act because persons (both you and your neighbor) are worthy of love. ‘Protect life’ is a moral command, because living beings have value. Every moral action has a natural objective dimension which can be identified if we reflect on what is being done and to whom. Scotus assumes that this sort of objective identification of goodness belongs to common sense reasoning. Everyone, he states, knows who they are and what they are doing. Anyone who has lived more than several decades comes to the realization that some things are better than others, if only as a result of living with the consequences of our actions” (p. 101).

The sense of “objective” here seems close to that which it has in contemporary common speech, but this might be misleading. Scotus was one of the originators — possibly the originator — of the philosophical use of the terms object, objective, objectivity, etc. But it is generally accepted that this group of terms and the correlated one of subject, subjective, subjectivity have — in a way, at least — undergone a 180 degree reversal in meaning. For “objective” in Scotus is said of things present to the mind, while “subjective” is said of the thing itself. This is a fascinating piece of history.

Ingham’s text above notably does not distinguish between the meaning of the terms in Scotus and their common meaning in present-day English. I think this is possible because at a connotative level they are not far apart, even though Scotus speaks of an objectivity of things present to the intellect, and we speak of an objectivity of things in the world.

What is “in the intellect” in Scotus’s sense is not “subjective” in our sense. This probably also has to do with the Augustinian sense of interiority as an opening onto a kind of universality, rather than something private to us. Outer things meanwhile we apprehend only through the medium of sense perception, imagination, and emotion. In this context it makes sense to regard intellect as a source of objectivity.

We could also associate this talk of objectivity with the realism commonly attributed to Scotus. It should be remarked too that any kind of realism also seems to push back against voluntarist tendencies, insofar as the real is granted some status independent of us.

“But this initial objective dimension does not exhaust the moral beauty of the action. In addition, there is the free quality of an act chosen by someone. In other words, I might tell the truth or love my neighbor simply because someone in authority has told me to do so. These acts would be objectively good but they would not be the result of my own free choice: they would not enhance my moral character” (ibid).

Intent is not the only thing we attend to in considering acts from a moral point of view, but it seems an inalienable part of it.

“Moral objects are human goods which can be identified by reflection on what it means to be human” (ibid).

“Because we are rational, we seek reasonable explanations for human behavior, explanations which exhibit consistency, coherence, and rationality. In addition, everyone desires goodness, even though we can be mistaken about all the consequences of certain actions seen to be good…. Thus, the truth and the good (either real or apparent) are significant moral objects: they are human goods. Indeed, truth and goodness are the two most fundamental moral objects: they respond to our human aspirations which express themselves in activities of knowing and loving” (p. 102).

Calling the truth and the good human goods seems promising.

“Conscious intent to perform a moral action is essential to the morally good act. It is not just doing what good people do, it is acting as good people act, when and where they act, and for the same reason that good people act. In the truly moral action, character is joined to performance, motivation to action, in the here and now” (p. 103, emphasis in original).

I would just say intent here. Scotus lived long before the Cambridge Platonist Cudworth, who coined the English term “consciousness”, and Locke, who popularized it. It might be argued that something like this is implicit in Augustine — who clearly does at least partially anticipate Descartes’s cogito ergo sum. But at the very least, there is a clear difference between explicitly saying something and arguably implying it.

“Loving motivation depends upon the natural goodness of the act, upon its objective appropriateness. I cannot perform any act I please out of love; I can only perform good acts out of love…. Thus, the orders of love depend upon orders of natural and moral goodness. A key implication of this analysis is the way in which Scotus avoids a moral theory based solely on love” (p. 105).

This is important on both counts. There is no such thing as lovingly demeaning someone. Love is not an empty criterion.

“[quote from Scotus:] “… For no sin should be left unpunished anywhere if there is one ruler of the universe and he is just…” (p. 108).

This one is much less auspicious. What happened to mercy and charity? Shouldn’t they always be in sight?

“Law is neither impersonal nor necessary. On the contrary, it is very personal, highly creative and brilliantly executed by the symphony of nature…. When we pay attention to and imitate the goodness of nature, we have the foundation for our own creativity” (ibid).

This is an important point, but it is really about juridical interpretation as a practice. Law as such — i.e., viewed in terms of its content — is “impersonal”. But a good jurist like Averroes exercises mercy and charity in applying the law (conservatives claimed that his sentencing was too lenient).

“In De Primo Principio, for example, Scotus analyzes the concept ens infinitum [infinite being]. This is the philosopher’s name for God…. We know this as possible, he asserts, because when we bring the terms together, we notice no dissonance” (ibid).

She calls infinite being the philosopher’s name for God. This is a non-Biblical designation, and perhaps philosophical in that very diffuse sense. But in stricter terms, it is Scotus’s new non-Biblical name for God, which would not be accepted by Plato or Aristotle. This usage of “philosopher’s” goes against the commonly accepted usage in Scotus’s time, which is derived from the Arabic (the “philosophers” implementing various combinations of Plato and Aristotle were all finitist).

“There is nothing in the terms themselves which would make them mutually exclusive. Thus ens infinitum is possible and, if possible, necessary” (p. 109).

The basis of this argument is the claim that some contentful truths can be derived solely from the principle of non-contradiction. This is a modern “rationalist” notion, favored, e.g., by the Wolffians who were the most immediate target of Kant’s critique. An infinity of being is not claimed by Plato or Aristotle or anyone else before Scotus, except perhaps Lucretius and other atomists.

“While such an aesthetic approach to moral goodness might appear odd to us today, this relationship of the mind to beauty has a long philosophical history. Plato’s Symposium celebrates the rational search for wisdom as the ascent to beauty. Augustine echoes Plato in his hymn to God as that Beauty he had longed for (Confessions X, 27)” (p. 109).

For better or worse, aesthetic approaches to ethics were adopted by the Romantics. The Romantic version came to be sharply criticized by Hegel, after his juvenile period. On this matter, my sympathies are divided.

“With his rejection of an objective or pre-determined external goal for human moral reflection available to natural reason alone, Scotus focuses his discussion upon the functioning moral agent. His is a theory of moral praxis, here and now. The object of moral reflection is not, he states, an abstract excellence but the perfection of the human person” (p. 112).

Aristotle focuses his discussion on what might be called the deliberating moral agent, although the provenance of this use of “agent” is medieval and not Aristotelian in the proper sense.

“Scotus’s critique of natural teleology was not, for all that, a rejection of happiness as the goal of moral living. Rather, he sought to reframe moral living around the happy life, understood to be the fruit of the harmonic relationship between the two affections of the will. It is, as I have argued elsewhere, the replacement of Aristotelian teleology with Stoic teleology” (ibid).

It is with the Stoics that teleology came to be associated with the exercise of divine providence. Though he speaks of it with reverence, Aristotle’s first cause is the beautiful and loved telos or good end to which beings are attracted. It is not a personified being that exercises providence, or directly or specifically addresses current states of affairs in the world.

“Proper and appropriate moral decision-making is itself the goal of human action. It is not simply a question of choosing, but of choosing well and ‘rejoicing, loving and hating rightly’ ” (p. 116).

This itself seems well and proper. As soon as we are concerned with doing anything well or rightly, we have left the terrain of voluntarism and command and obedience. There is also an argument that good obedience, if taken seriously, requires more than mere obedience. This has an air of partial plausibility, but only at the cost of paradox — as soon as we raise the question of obeying well, it is no longer obedience that enables us to obey.

“Finally, Scotus’s presentation of moral goodness underscores the personal and intentionally relational aspects of moral living. It emphasizes goodness to be enhanced by the operation of deliberative human reasoning and charitable human desire” (ibid).

It seems that Scotus himself does apply this terminology of relation. This is the pros ti (toward what) of Aristotle’s Categories, which became relatio in Latin, and also seems to play a role in Scotus’s theology of the Trinity. The modern mathematical notion of relation, to which Pierce made major contributions, treats it as a predicate that is (equally or symmetrically) abstracted from the relata or things that are related, whereas “toward what” has a constitutive asymmetry. The mutuality that Ingham attributes to the Scotist conception of the Trinity is also not fully symmetrical in the way that Hegelian mutual recognition explicitly is.

“This is a person-centered, not principle-centered moral paradigm…. The ability to make moral decisions in difficult circumstances comes as a result of moral training and experience. Drawn toward beauty, the moral person seeks to enhance both beauty of character and beauty of action. The central moral imperatives of love for God and neighbor are both accessible to natural reasoning and available to the will through the affection for justice. Proper reflection on the significant aspects of human nature, such as intellection and love, reveal those actions which promote fundamental human goods. These goods are not limited to the Christian tradition but belong to all persons of good will: truth, peace and harmony…. Finally, at the highest level of goodness within human action, we become co-creators and co-artists, co-musicians with God, whose ear is delicately attuned to the music of the human heart” (pp. 116-117).

A Harmony of Goodness

The title is from Mary Beth Ingham, The Harmony of Goodness: Mutuality and Moral Living According to John Duns Scotus (1996; 2nd ed. 2012). Until very recently, my limited sense of Scotus was based only on the remarks of philosophers engaged in other work, who were themselves mainly responding to summary accounts of his views, which did not even mention a distinctive approach to ethics. This early book of Ingham’s, which fills that gap, is said to have contributed significantly to a recent revival of interest in Scotus. Ingham historically situates Scotus’s ethics within a larger context of practical concerns within the Franciscan tradition. Though her starting point is quite different from mine, I am impressed by the amount of common ground I am finding with her conclusions.

“Scotus’s spiritual tradition, with the primacy of love and the goal of ordered loving, affects his thinking in three important areas: the centrality of freedom as self-mastery, the role of the divine desire and creativity, and practical reasoning as an aesthetic act of moral discernment…. Within his Franciscan spiritual vision, we discover here a unified moral vision whose central experience is the beauty of the created order, whose inspiration is divine creative and abundant love, and whose fulfillment is found in building loving and inclusive relationships. It is only in this way that we promote the common good” (pp. 5-6, emphasis in original throughout).

A bit later, she will sketch a deep historical trinitarian basis for the way love is used here, but at the outset, to my ear, her Scotist-inflected view of mutuality recalls the mutuality of Aristotelian friendship described in the Nicomachean Ethics. She will also cite “friendship love” as the highest form of love, which has a surprisingly Aristotelian sound. (It may have a more specific Franciscan basis as well, of which I have yet to learn.) I also think of the very young Hegel’s Romantically inflected emphasis on love, which later grew into his more Aristotelian mature theory of mutual recognition.

Creationist views that emphasize raw power I find utterly alien. But with those whose practical import is to emphasize goodness and beauty in ordinary worldly being, I can find common ground. Divine goodness — especially when linked to a sense of beauty — many others before me have found to be a compelling metaphor. And at least since Avicenna if not since Plotinus, there have been major philosophers who aimed at a kind of reconciliation between philosophy and the traditions of monotheistic theology, which developed only after the time of Plato and Aristotle.

Ingham continues in the conclusion of her preface to the second edition, “My more recent discovery of Stoic and monastic influences on the medieval Franciscans, and my growing awareness of the importance of Franciscan Christian humanism have helped me reframe Scotus’s emphasis on the will to a deeper defense of the rationality of love. The central image of the morally mature person is the trained artisan whose self-mastery holds the key to enlightened tranquility and peace of heart. Here is that person whose presence, along with her actions, are transformative of the world around her. Here is the life of Christian praxis, fully realized” (p. 6).

Of course I welcome the de-emphasis in regard to will. The vocabulary of self-mastery probably comes from the Roman Stoic Seneca, whose influence on the Franciscans she will document later on. Self-mastery is the least objectionable form of mastery, for which I nonetheless try to find other words in light of Hegel’s critique as expounded by Brandom. The connection of ethical being to beauty in the whole of life still seems profoundly right to me, even though Hegel also legitimately criticizes the Romantic ideal of the beautiful soul.

Morality properly speaking is indeed a kind of maturity of a human, for which the common early modern reduction to obedience to sovereign authority is a poor substitute.

Personal presence and praxis are not in my preferred vocabulary, because they seem to put a sort of rose-colored fog around crisper Platonic and Aristotelian hermeneutic principles, but they do both in a sense refer to ethically relevant realities, even if only in a diminished way.

Ingham will also expound a Scotist critique of what I regard as the post-Aristotelian Stoic-Epicurean-Skeptical Hellenistic paradigm of medicine for the soul. This turns out to have significant points in common with the critique of the medical model that Nussbaum in hindsight attributes to Aristotle.

“A significant spokesperson for this moral vision of relational love and generous living is the man known as the Subtle Doctor, John Duns Scotus. Writing after the Condemnations of 1277 (Paris) and 1284 (Oxford), Scotus pursued a relentless analysis of the legacy of Greek thought available to Latin thinkers at the close of the thirteenth century…. This rethinking involved a serious and critical rejection of the naturalist and necessitarian worldview which had emerged from the Arab philosophers” (pp. 7-8).

“Generous living” recalls the cardinal Aristotelian virtue of magnanimity, though I suppose that Ingham is thinking of Christian charity.

I appreciate the explicit drawing out of a notion of “relational” love from trinitarian perichoresis or mutual inherence. She draws attention to Scotus’s emphasis on the notion of a deeply “relational” native affection for justice in the soul, which, following Anselm, he contrasts with the affection for possession or convenience that generalizes possessive “love”.

The affection for justice can also be read as recalling Plato’s deliberately provocative suggestion that all beings should be understood as in some sense desiring the ultimate Good. The latter stands in contrast to the modern ideology of possessive individualism that was already germinating in the Greek Sophists, who were so sharply criticized by Plato and Aristotle (a criticism that also grounds Hegel’s repugnance toward the status of all Roman citizens as chattels of the sovereign Emperor).

“Scotus possesses several qualities which make him attractive. As a Franciscan, he is deeply committed to the value of creation and to our relationship with all that exists. As a theologian, he exhibits very positive attitudes toward women, both in the inclusive imagery he uses when speaking of God and his focus on Mary as sinless model of human perfection. As a medieval writer, he is aware of the dangers of the original sin tradition within Latin Christianity…. Scotus rejects out out of hand the famous argument of Anselm, in which the Bishop of Canterbury places the Incarnation within the context of payment for the sin of Adam and Eve…. There is no repayment of an infinite debt for which Jesus had to be born or to be sacrificed” (p. 9).

Scotus is a leading defender of the immaculate conception of Mary. I don’t have opinions on issues of this sort, but a de-emphasis on sin in favor of more affirmative values is certainly to be welcomed. This is a very significant distinction, which could support recovery of a positive valuation of finite things in general. But even if it does not depend on original sin, Incarnation still poses serious difficulties.

“Scotus moves beyond a binary presentation of issues and seeks to harmonize various aspects of a situation, so as to discover the truth beneath the differing positions. His is an approach which is reconciling: bringing together internal and external realms, human and divine activity, natural and graced living. In Scotus we discover an integrated presentation of what human really might mean” (p. 10).

The general practice of seriously airing arguments pro and con on any topic — perhaps derived from Abelard’s initially controversial Sic et Non — is an attractive dimension of scholasticism that the Enlightenment’s wholesale dismissals do not appropriately attend to.

Ingham develops a guiding metaphor of the harmonious sound of a wind chime in her presentation of Scotus in this book.

“The harmony of musical sounds coming from a wind chime is not a tune that one could whistle. It is a quiet song created by the fragility of the figures, the balance of the pieces and the harmony of their interaction…. I have chosen this image because Scotus offers, in my view, an aesthetic paradigm within which to consider the contours of moral living…. Part of my own reading of Scotus has been informed by his concern to speak of the morally good act as a beautiful work of art or as a beautifully executed performance, and of the moral agent as a formed artist” (p. 11).

In her metaphor, the central part of a wind chime that strikes the others and creates a beautiful sound corresponds to the will. But the wind chime metaphor overall does not seem at all voluntarist.

“The ability to choose freely, after proper deliberation, constitutes the uniquely human quality of moral living” (p. 12).

Ingham here reinserts the Aristotelian practical coupling of choice with deliberation that Scotus seems at a theoretical level to explicitly repudiate in favor of a categorical, undialectical, absolutist insistence on free will. Clearly she is arguing that Scotus himself in ethical contexts restores a more balanced view, and that Scotus does in fact generally commend more balanced views in practical matters. She also points out that Scotus says theology is ultimately a practical discipline and not a theoretical one. This seems right as far as it goes, though Scotus also seems to insist, contrary to Aristotle, that there is is such a thing as a practical science.

“[T]he spiritual tradition within which he writes… sees human living as an ongoing process of divinization within which human and divine persons work together to produce goodness, within which there is no rift between the natural and so-called supernatural realms” (p. 13).

Taking up and extending Aristotle’s orientation of the human toward divinization at the end of the Nicomachean Ethics, Plotinus directly challenges us to become godlike, and in effect says to a theistic reader that this is what God would want for us. Meister Eckhart holds such an orientation to be compatible with Christianity. The stakes are high here, because Christianity has often categorically rejected such a goal, equating it with Luciferan pride. Ingham seems to be saying that Franciscan humanism and Scotus in particular also have a more moderate stance on this question.

“As one might imagine, the integration of Aristotelian philosophy into Christianity was not an easy matter…. Study of Aristotle was not favorably received by the theologians…. As early as 1215, public lectures on the Metaphysics and De Anima were forbidden. Even Thomas Aquinas, with his sympathetic reading of Aristotle, did not escape posthumous condemnation in 1277 (Paris) and again in 1284 (Oxford)” (p. 16).

“[Scotus] takes great pains to defend another’s position with the best arguments available and he answers these arguments methodically. This type of openness is rare in any thinker, and all the more surprising when one is dealing with a non-Christian opponent” (p. 17).

“I have chosen to present Scotus’s moral paradigm not as a defense of the primacy of freedom in moral living, but rather as an appeal for the harmony of goodness and as an expression of mutuality at all levels of human living. To a great extent, this is because I find love to be more central than freedom in his texts (ibid).

“Scotus emphasizes freedom because the highest form of love (love of friendship) is, by definition, a love that cannot be coerced or demanded…. This purest and best love is mutual; it entails reciprocity and produces communion…. The entire journey of human living, from internal choices to external actions, culminates in a relation of mutuality with God and with all persons” (p. 18).

A Theology of Beauty?

My understanding of Scotus and his historical significance might be headed for a major shift. [For the beginning of a resolution, see here.]

This kind of change of mind is not unprecedented. I used to read Kant and Hegel’s valorizations of freedom as sophisticated apologetics for some kind of voluntarism. But across many posts, we have seen that better readings of Kant and Hegel can eliminate such worries (see especially Hegel on Willing.) Very recently, I’ve been starting to wonder if what by general consensus is called the “voluntarism” of Scotus might also be read in some other way.

What is called “voluntarism” in the Latin theological tradition has to do with a relatively narrow debate about the priority of “will” and intellect. The will involved in this case is not any definite will, but rather an alleged power of free decision, where “free” is supposed to mean completely unconstrained. Theologians have often wanted to deny that God was subject to any constraint. But is it “constraint” to recognize the better reason? I think not, and many theologians seem also to agree.

Then too, in a scholastic context, those who like Aquinas are called “intellectualist” rather than voluntarist also defended the existence of liberum arbitrium, which technically includes a so-called “freedom” to cleave to the worse reason, or to any arbitrary fancy. But a common argument, also repeated in many variations, is that God’s “absolute” freedom — in effect a freedom to choose the worse — is never really exercised. There is still intense disagreement on this non-exercise means, as also occurs in the debate on absolute versus ordained power.

The pragmatist might advise us that a power that is never exercised does not in any meaningful sense exist. But as we have seen recently, Charles Pierce, the originator of pragmatism, vigorously rejected the reduction of reality to facts. Reality for Pierce is characterized by true — and in principle testable — conditional statements about what “would be” the case if this or that.

Aristotelian potentiality and actuality are often misread as power and fact, which completely loses the valuational significance that they acquire over the course of the argument of Aristotle’s Metaphysics. Pierce too seems to follow this diminished reading. But this does not prevent him from making the valid point that scholastic talk about “powers” already goes beyond talk about present fact. In this way it is a good thing, even if (as I would add) it is also deeply tied to non-Aristotelian assumptions about the predominance of “efficient” causality.

Scotus does seem to argue that God in a supernatural way really exercises both absolute power and absolute freedom, and that humans making practical decisions do also in fact exercise absolute freedom. But in recognizing that he makes these claims, we still have to consider what these assertions mean in the total context of his thought, and what other countervailing tendencies there may be that need to be taken into account.

In the case of Aquinas, in spite of many divergences from Aristotle on important points, there is still a substantial extent to which he also defends many good Aristotelian positions that have been sharply contested by some conservative theologians. Overall I think Aquinas played a progressive historical role, by inventing and promoting an Aristotle whose texts mainstream opinion in the Church could allow to be read sympathetically, and thus no longer felt the need to ban. This is in spite of my disagreement on numerous matters of interpretation. Augustine has of course never been mistaken for an Aristotelian, but he too played a historically progressive role by taking philosophical thought seriously and making it theologically respectable.

These achievements of broad respectability — for Aristotle, and/or for philosophy in general — had the immense value of leaving open the possibility that others could read the philosophical texts in an even more sympathetic way. I therefore tend to read Aquinas (and scholasticism in general) in a sympathetic way, even though I harp on various matters of interpretation.

I have been feeling the deep irony that some of what I write nowadays, if taken out of context, could be misunderstood as professing a kind of dogmatic Aristotelianism. While I have always regarded Aristotle’s works with interest and sympathy, the degree of that sympathy and the strength of that interest have increased greatly over the years, as I have gradually overcome prejudicial judgments that I had too uncritically accepted, from the contemporary world’s widely diffused bias against Aristotle.

In any case, from my recent investigations it is beginning to appear that Scotus’s actual writings touching on ethics and natural-philosophical topics do not really at all sound like the working out of the consequences of a radical voluntarism. I do still think that Scotus’s theory of synchronic contingency — as it has been called in recent years — goes way too far in opposing the determinist bias attributed to the Arabic Aristotelians. But the most substantial account yet available of Scotus’s general attitude toward Aristotelian natural philosophy — Richard Cross’s The Physics of Duns Scotus (1999) — says in the front matter that when addressing natural-philosophical questions, Scotus never primarily relies on theological arguments, but only uses them in a secondary and corroborating way. This is actually true of many of the scholastics.

There is a new collection of Scotus’s ethical writings (Williams 2017), which seems to have largely superseded the Wolter 1996 collection mentioned recently. The most substantial secondary work on Scotus’s ethics seems to be Mary Beth Ingham, The Harmony of Goodness: Mutuality and Moral Living According to John Duns Scotus (1996; 2nd ed. 2012). She speaks of Scotus’s “moral vision of relational love and generous living” (p. 7) as rooted in a broader Franciscan emphasis on the beauty of Creation. In her view, Scotist ethics develops and builds on a Franciscan theological aesthetics. Ingham’s account opens up perspectives on Scotus’s ethics that seem far closer to the ethical themes in Aristotle and Hegel than I ever expected,

The case for the existence and importance of such a Franciscan theological aesthetics gains additional support from The Beauty of the Trinity: A reading of the Summa Halensis (2022) by Justin Coyle. He argues that the main document of early Franciscan theology gives beauty a central place in its account of the Trinity that has been little recognized. Schumacher and Bychkow’s A Reader in Early Franciscan Theology: The Summa Halensis (also 2022) translates selections from this same work, which had multiple authors, the most prominent of whom were Alexander of Hales (d. 1245) and John of La Rochelle (also d. 1245). Along with Roger Bacon, Alexander and John are the most prominent of the Franciscan predecessors of Scotus, whom Boulnois partially credits for some of the innovations that have been attributed solely to Scotus.

More Work on Scotus

My initial motivation for the recent series on Boulnois’s Being and Representation had to do with large-scale, second-order, “historiographical” interpretation of the history of philosophy. More particularly, I wanted to draw attention to this work because it provides abundant evidence for a much more specific medieval and early modern counter-story to Heidegger’s sweeping claims to implicate Plato and Aristotle as well as Hegel in a wrong turn of metaphysics that is supposed to lead to technological domination and general evil. One of the distinctive features of Boulnois’s account is his highlighting of the novel theory of “objective being” in Duns Scotus.

As someone who much appreciates Aristotle’s view that being is “said in many ways”, I naturally have severe doubts about Scotus’s thesis of the univocity of being, though I don’t think it makes Scotus an apostle of secularism, as some have apparently been claiming in recent years. But on this issue, an interesting challenge is posed by Andrew Lazella’s The Singular Voice of Being: John Duns Scotus and Ultimate Difference (2019). Lazella makes a serious argument that Scotus puts difference before identity in the order of the constitution of things. If this is borne out, it would radically change the profile of the univocity claim.

I’m even starting to temper my very severe misgivings about Scotus’s theological and anthropological voluntarism. Franciscan scholar Allan Wolter’s translated volume Duns Scotus on the Will & Morality (1st ed. 1986) presents Scotus as in practice emphasizing a criterion of “right reason” in ethical matters, and as promoting Anselm’s thesis that the human soul is moved by an affectio justitiae or “affection for justice” as well as by a natural affection for the advantageous. It shows Scotus foregrounding Aristotelian phronesis or open-ended practical judgment in ethical matters. While I don’t much care for the narrowing latinization of the latter as prudentia or “prudence”, William Frank’s preface to this volume likens Scotist ethics in general to the “aesthetic judgment of a creative artist” (p. xiii). Not Scotus but William of Ockham is apparently the chief source of “divine command theory”, which reduces virtue to obedience.

There is a recent translation of the important Third Distinction of Scotus’s Ordinatio volume I as On Being and Cognition (2016) by John van den Bercken. Duns Scotus’s Theory of Cognition (2014) by Richard Cross pursues the same topics across the whole body of Scotus’s work. Voluntarism seems to play essentially no role in either of these. Cross incidentally says that both Scotus and Aquinas held that we have only inferential knowledge of Aristotelian substance. My Brandomian inferentialist ears perked up at this.

Another of Allan Wolter’s translated volumes is A Treatise on Potency and Act, which was a late addition to Scotus’s incomplete Questions on the Metaphysics of Aristotle, dealing with Book Theta. This work rather inauspiciously promotes a view of these matters as revolving around active and passive powers, in a context of efficient causality. But as such, it could make an interesting historiographical case study.

Objective Ambiguity

Objective ambiguity is not only possible but common. Indeed its denial is responsible for much of what is wrong with the world.

This is what I would call an interpretive principle. I think it is characteristic of facts as well.

We only make judgments about ambiguity in contrast with things more definite. But perhaps the converse could be said as well, and we only make judgments about definiteness in contrast with things more ambiguous. I am inclined to think that the absolute poles on this spectrum — absolute definiteness and absolute indefiniteness — are never found in what I still want to call the real world.

What we want to say objectivity is seems to be one of the things that could always be more pondered. But I want to say that there are quite meaningful things we can say about it, and one of these is that objectivity properly said must include an appropriate recognition of objective ambiguity.

There is a human-sized definiteness that is not absolute, but remains morally compelling. Definiteness itself does not have razor-sharp edges. We adhere to it in a broad way and not in an absolutist way, and that is for the better. Broad adherence to anything is better than absolutist adherence, which overdoes things and is not responsive to nuance.

Sensitivity to nuance is a delicate thing, but it is the better thing. When I recently wrote about “kindly objectivity”, one thing that slipped out spontaneously was that the ethical sense of objectivity is characterized not only from an angle of fairness, or objectivity as fairness and lack of bias in interpreting things and people, but also as a kind of magnanimity. As the word “magnanimity” wrote itself into the text, I paused and wondered where that came from? But the more I think about it, the more I think it is true. To be magnanimous is to be more than fair, whereas normal biases as well as extraordinary ones cause people to be less than fair. It is to display the “wise charity” by which Leibniz characterized justice.

As we reach toward our best judgments of things and people, we display magnanimity and wise charity. When we get to the level of nuance, we get closer to reality. Hard edges become fractally ramified, but at the same time substantiality, “thickness”, conditional definiteness, reality begin to emerge of themselves out of the shimmering. Reciprocity lifts itself by the bootstraps. We and the other can find coexistence and emergent truth together.

Poetically speaking, this has great relevance to the kind of second-order historical interpretation I call “historiographical”.

Aristotle on Friendship

Philia, commonly translated as “friendship” or “love”, is one of the summits of Aristotelian ethics. It embodies a kind of reciprocating good will, grounded in fondness and a kind of identification with the other, and it motivates us to do good. Aristotle discusses it from many angles. This is a historical background for Hegel’s ideas about mutual recognition. I’ve selected a few core passages to comment upon.

“And friendship seems to be present by nature in a parent for a child and in a child for a parent, not only in human beings but also in birds and most animals, and for animals alike in kind toward one another, and especially among human beings, which is why we praise those who are friends of humanity. And one might see among those who travel that every human being is akin and a friend to a human being” (Nicomachean Ethics, book VIII ch. 1, Sachs tr., p. 144, emphasis added).

He considers familial bonds as a kind of friendship grounded in nature, not only among humans but among other animals as well. As the feeling of commonality in human communities, friendship has political significance. He explicitly suggests that we ought by default to see every fellow talking animal as a friend or potential friend.

“And friendship seems to hold cities together” (ibid).

“Cities” are a figurative way of referring to human society in general. Just above, he explicitly mentions every human being.

“And when people are friends there is no need of justice, but when they are just there is still need of friendship, and among things that are just, what inclines toward friendship seems to be most just of all. And friendship is not only necessary but also beautiful, for we praise those who love their friends…. Moreover, people believe that it is the same people who are good men and friends” (ibid).

Without much effort, friends naturally tend to treat one another better than justice would demand. Friendship motivates us to do good.

“[Friends] have goodwill and wish for good things for one another, not being unaware of it” (p. 146).

“[T]here are three species of friendship, equal in number to the kinds of things that are loved; for in accordance with each, there is a reciprocal loving which one is not unaware of, and those who love one another wish for good things for one another in the same sense in which they love. So those who love one another for what is useful do not love one another for themselves, but insofar as something good comes to them from one another. And it is similar with those who love on account of pleasure, since they are fond of charming people not for being people of a certain sort, but because they are pleasing to themselves. So those who love one another for what is useful have a liking based on what is good for themselves, and those who love for pleasure have a liking based on what is pleasant to themselves, and the other person is loved not for what he is, but insofar as he is useful or pleasant. Therefore, these are friendships of an incidental kind, since it is not insofar as the one loved is the very person he is that he is loved, but insofar as he provides, in the one case, something good, or in the other case, pleasure” (ch. 3, p. 146).

Even in the friendships based on usefulness or pleasure, there is a “reciprocal loving”.

“And those who wish for good things for their friends for their own sake are friends most of all, since they are that way in themselves and not incidentally” (p. 147). “And people wish for good things for those they love for those others’ own sake, not as a result of feeling but as a result of an active condition” (ch. 5, p. 150).

Kant’s emphasis on treating other people as ends in themselves has its origins here.

“Now the friendships that have been discussed consist in an equality, since the same things come from both people and they wish for the same things for one another” (ch. 6, p. 151).

“But friendship seems to be present in loving more than in being loved…. And since friendship is present more in loving, and those who love their friends are praised, the virtue belonging to friends seems to be loving” (ch. 8, p. 153).

“And it is especially in this way that those who are unequal might be friends, since it could equalize them” (p. 154).

While there are also friendships among unequals, in which a kind of proportionality to circumstances stands as the next best thing to equality, friendship between equals clearly serves as a kind of model. This equalizing role of friendship is why it is closely linked to justice.

“Now it seems, as was said at the beginning, that friendship and justice concern the same things and are present in the same things; for in every sort of community there seems to be something just, and also friendship. At any rate, people address their shipmates and fellow soldiers as friends, and it is similar with those in other sorts of communities. To whatever extent they share something in common, to that extent there is a friendship, since that too is the extent to which there is something just. And the proverb ‘the things of friends are common’ is right, since friendship consists in community” (ch. 9, p. 154 ).

Aristotle uses the figure of speech that “the friend is another self” (book IX ch. 4, p. 168). We both tend to see our friends as like ourselves, and more often form friendships with those we are disposed to see as like ourselves. As is often the case, he moves back and forth rather fluidly between definition and description, and between more and less proper or exact senses of the word. Thus the same term serves here as a universalizing ideal and there as a distinguishing criterion.