Deontic

Having previously agreed there is no issue with deontically necessitating constraints analogous to the modal ones for material incompatibility and material consequence, I’m now starting to wonder if this might be as far as Brandom’s deontology really goes anyway.

When I hear “deontology”, I hear rigid rules for everything going all the way to the practical last instance, and feel compelled to defend the place of an always somewhat open Aristotelian practical judgment (phronesis) in contrast to it. But I would rather not attribute such rigidity to Brandom or Kant, both of whom emphasize kinds of rules that are actually higher-order. A simultaneously logical and ethical necessitation of respect for abstract principles like material incompatibility and material consequence can be fully granted without reducing what we should do in concrete situations to a deterministic formula. I want to say that first-order rules belong in logic and mathematics, not ethics.

It feels a bit ironic that I am the one effectively appealing for a need for freedom here, but it really shouldn’t. It’s freedom of reason, not any appeal to will. (See also Varieties of Ethics; Evaluation of Actions; Necessity in Normativity; Binding; Robust Recognition; Mutual Recognition; Euthyphro.)

Binding

Brandom says Kant understands all empirical activity as consisting in subjects binding themselves by conceptual norms. All empirical activity is thus implicitly embedded in an outer frame that has a value-oriented character. Brandom immediately acknowledges that the nature of normative binding in Kant is obscure and deeply entwined with some of the most problematic aspects of Kant’s work, “such as the distinction between the activities of noumenal and phenomenal selves“.

Brandom thinks Hegel better explained this binding, and that Hegel would approve of John Haugeland’s slogan “transcendental constitution is social institution”. Crucially, though, the social dimension is here conceived not as a putatively immediate communitarian identity of “we” but in an extensively mediated way, through reciprocal determination of attitudes and statuses over time by constellations of mutually recognitive I-Thou dyads.

I prefer to speak of a responsibility to differences and gradients rather than a binding. “Binding” sounds a bit too univocal to my ear to be a preferred usage. Responsibility can be materially real without being subject to univocal determination. It has the character of a material tendency rather than a law.

I’m not proposing to ban talk about bindingness. I’m just recommending that it be reinterpreted in this less obvious material sense that still allows for a bit of play in the determination, rather than that it be understood in the more apparent formal and strict sense.

In my view, all the processes of reciprocal determination result in very real material tendencies sufficient to ground all needed talk about responsibility, but we need not and should not claim that these real material tendencies have the absolute force of formal law. That is the difference between law and what is right. Law is to what is right as Hegelian Understanding is to Hegelian Reason.

Some abstract, higher-order principles do have the force of formal law, but their interpretation and applicability in actual cases can never be self-evident (nothing contentful ever is).

So that which is genuinely normatively binding is either only a real material tendency of responsibility, and interpretive work is required to discern it; or it is an open-formula higher-order principle, and interpretive work is required to apply it. If we intend to be ethical, we need to focus on that interpretive work. I believe the reciprocity of authority and responsibility and the reciprocity of mutual recognition both also point to a similar openness and a similar need for work. (See also Necessity in Normativity; Mutual Recognition; Making It Explicit.)

Intellectual Virtue, Love

In his discussions of ethics, alongside friendship or love and the things that go with those, Aristotle places the highest value on what he calls intellectual virtues. This is often misconstrued as a bias in favor of theory over practice. Such a misconstrual does not take a long enough view of things. Aristotle did value intellectual over manual labor, but took great interest in the kinds of things Kant called “practical”, as the ethical treatises demonstrate.

Aristotle had the idea that the keener our discernment of things in general, the keener our practical judgment will be. I may study the stars or the habits of animals or political constitutions or the nature of intellect or of virtue — and these are all worthy in their own right — but I also improve my discernment of things in general in order to be a better being, which means applying it in a broad way in my whole life, as well as in my particular deliberations and choices.

This all assumes that I already want to be good, and am relatively able to actually be so. That will not be true, according to Aristotle, unless I am fortunate enough to have had the kind of upbringing and life experiences that are conducive to the development of the kind of character in which emotion is already inclined to give reason a fair hearing. For those whose emotions will not listen to reason, the best path forward is to follow others who are more reasonable, but that may not occur without some institution of authority. Insofar as we are or aim to be magnanimous ethical beings who have nothing to prove, rather than needing to celebrate this conditional legitimation of authority over others (and implicitly of the use of force in society to gain compliance with elementary justice and civility), we should be guided by a spirit of friendship and love.

We should use our intellectual virtues in a spirit of friendship to best apply something like Leibnizian wise charity in our lives, especially with those we love, and more especially in generously understanding the particular predicament of the loved one in front of us whose emotions will not listen to reason in such and such a case, so we can more effectively help them. (See also Honesty, Kindness; Interpretive Charity; Affirmation; Genealogy.)

Golden Rule

Because I favor the unconditional autonomy of reason I generally dislike any reduction of ethics to rules that would supposedly tell us what to do in all cases, but the so-called golden rule (do unto others as you would have them do unto you; or, do not do unto others as you would not have them do unto you) seems like a variant of Kant’s categorical imperative, which is a higher-order rule that rather obviously leaves a place to be filled in by judgment.

Some prefer the negative version of the golden rule, as avoiding possible arrogance or presumption. I like the Leibnizian idea that to be truly ethical is to do more than what is merely required of us, so I actually like the positive version.

The golden rule could also be considered a nice popularization of the ethical import of Hegelian mutual recognition.

Honesty, Kindness

To be honest or sincere is first of all to be intellectually honest with oneself, which is a commitment to what Kant called unity of apperception, whether one thinks of it in such terms or not. As Brandom would remind us, this means to the best of our ability honoring an implicit higher-order commitment — to the consequences of our commitments, and to avoiding incompatible commitments — that we have necessarily made in being committed to anything at all.

We could refer to this as integrity, or a commitment to commitment. Recall Aristotle’s indignation in the Metaphysics against the sophist who refused to honor the principle of noncontradiction.

This is obviously a high standard, if we intend to apply it to people’s emotional responses in ordinary life. We need to be forgiving of the fallibility of others, as well as of ourselves. Honesty to others needs to be tempered with kindness (or wise charity, as Leibniz would say). But we should strive to be integral beings in our emotional responses.

Kindness has no set formula; sometimes something like tough love is appropriate. These things are always matters of judgment. I would go beyond Kant and say we should be kind to all beings, period, but the mode of that kindness should be appropriate to the situation. I am kind to inanimate objects by not engaging in senseless destruction or waste. I may kindly question your conclusion, or tell you what you don’t want to hear. I may even kindly revolt against your oppressive regime. That just means there is no spite or ressentiment in my heart as I take a stand for justice. (See also Intellectual Virtue, Love; Things Said; Interpretive Charity; Affirmation; Genealogy.)

Edifying Semantics

I like Brandom’s recent motto of “edifying semantics”. It strikes me that this is what Plato, Aristotle, Kant, and Hegel were after more than anything else in their particular ways of doing philosophy — inquiry into meaning, with an ethical intent. Aristotle even developed natural science in the form of an edifying semantics.

Behind the formidable technical development of Brandom’s other recent motif of “semantic descent” is, I believe, a profound ethical concern to show the relevance of philosophy to ordinary life. Semantic descent shows how lofty higher-order abstractions are effectively operative in the ordinary use of concepts in ordinary experience.

This is not reductionism, but quite the opposite. It is a vindication of the relevance of higher-order things in ordinary life.

Agency

Agency is not causality or causal power in the modern sense. Acting and doing are distinct from mere occurrence of an event by virtue of their meaning or interpretation.

The modern notion of causal power is something blind, mechanical, taken over from mathematical physics. Events follow one another in accordance with mathematical law. Even physical causality, though — insofar as we seek to understand it — is more about mathematical form than about the operation of raw power.

Talk about agency belongs in the register of semantics rather than physics in the modern sense. This takes us even further away from considerations of raw power.

Greek mathematics was really just getting started in Aristotle’s time. Aristotle correctly judged that that mathematics did not begin to address interesting problems of the intelligibility of becoming. Accordingly, he developed a discourse about the intelligibility of becoming in other — we could say, more semantic — ways. For Aristotle, even physics is fundamentally a semantic investigation. As Leibniz saw, there need be no contradiction between Aristotle’s semantic physics and modern mathematical physics. They simply investigate different things.

Aristotle originally introduced talk about agents, and did so in the context of his semantically oriented physics. From early modern times, physics moved to a mathematical approach that was immensely fruitful. At the same time, the Aristotelian semantic-physical notion of agents was (badly) translated into a register of mathematical-physical causes. (See also Aristotelian Matter.)

Because of its fundamentally semantic character, the semantic-physical notion of agency was well suited to be extended to social and ethical contexts. Its mathematical-physical analogue is not nearly so well suited. It took the monumental achievements of Kant and Hegel to begin to restore a semantic notion of agency. (See also Expansive Agency.)

Authority, Reason

[This post assumed what I still take to be the common or usual notion of “authority” as something that is supposed to be unconditionally binding under some circumstances. It does not apply to a notion of authority that would be always symmetrically balanced by reciprocal responsibility, and therefore always defeasible.]

Authority is a poor substitute for reason. It gives us ready-made conclusions that may be true, but are without justification. When we have reason and reasons, we have no need to be guided by authority.

Respectable authors have nonetheless talked about rational authority. The idea is that reasons should have something like a sort of authority over us. That is fine, as long as we recognize it as a metaphor or simile rather than a literal truth.

The difference is, precisely, that authority operates fundamentally in registers of will, compulsion, and obedience. Authority at its core does not answer to reasons. “Do it because I said so!” or just “Obey!” is its first and last move. Obedience to authority is characterized by heteronomy rather than autonomy, in Kant’s sense of those terms.

We may be freely “compelled” only by reasons, when we genuinely find them to be genuinely convincing. That is very different from someone compelling us, or from our having internalized an external compulsion. (See also Euthyphro; Necessity in Normativity; Binding; Deontic; Enlightenment.)

Evaluation of Actions

Part of my issue with the deontological approach to ethics is that by putting rules first (above both intentions and consequences), it seems to suggest that an action has the normative status it does intrinsically — that is to say, independent of intentions and consequences. I don’t think the notion of value is even intelligible apart from some context of evaluation. It seems to me that intentions and consequences together form the relevant context in which actions occur and should be evaluated.

I believe any putatively intrinsic value of an action is just a reification. We might be inclined to say, e.g., that killing is intrinsically bad, but I would say instead that it is bad because by definition it has a bad consequence. The difference is that consequences can be weighed against other consequences, so we can say killing is bad but might nonetheless be justified in some particular case, if that bad thing would prevent what would truly be a worse evil.

We should put interpretive charity first. No one should be blamed or penalized for an action that was sincerely and responsibly well-intentioned, or the consequences of which were in balance good.

Necessity in Normativity

I agree with Aristotle that ethics cannot be an exact science. I also hold with Leibniz that all necessity whatsoever is conditional.

Practical judgment or phronesis discerns differences and gradients, not “things as they are”. Questions of the form “What is to be done in circumstance c” do not in general have a single, necessary answer.

Ground-level ethical rules, I want to say, have no value apart from such always somewhat open judgment of situations. If all I were doing were conforming to a rule, I would be showing no sign of reason or intelligence. (Kant at least partially makes a similar point by distinguishing between rules and concepts of rules, though it it is a bit unclear what this means.) Only if I can be said to have reasonably judged that following rule r in circumstance c was situationally appropriate, was my rule-following rational. Judgment could not be reducible to simply applying a pre-existing formula.

Needless to say, I don’t really like deontology. Necessity in first-order ethics smells to me of subrational compulsion.

On the other hand, it would be absurd to say that because there is no hard necessity in first-order ethics, anything goes. An ought that we positively assert about anything in particular is based on differences and gradients, not binary necessity. Binary necessity could at best apply only to prohibitions, not to any positive injunction to do x. I don’t even believe it applies in the negative case. But in any event, what we ought positively to do is the real concern of ethics, and that is a weaker sort of ought.

Still, we “ought” (in some different, stronger sense that applies only to meta-level generalities like the categorical imperative) to be faithful to our best judgment of those differences and gradients. I would also agree that we “ought” in this stronger sense to practice mutual recognition as described by Hegel, and we “ought” to practice wise charity as described by Leibniz. Brandom points out two more things that I agree “ought” in this stronger sense not to be done: affirming contradictory things, and affirming something while denying a consequence of it. I have no issue with speaking of necessity in these meta-level cases.

In line with a practice of interpretive charity, I want to resolve the ambiguity in Kant’s (and Hegel’s) talk about moral “necessity” by saying that any true necessity must refer to meta-level principles in themselves, not their application.

In chapter 1 of Making It Explicit, Brandom talks about the desirability avoiding “regulism”, or the attempt to rely on explicit rules all the way down. Wittgenstein’s infinite regress of rules-to-interpret-rules is said to show that the conception of norms as rules “is not an autonomous one, and so does not describe the fundamental form of norm”. This seems promising. He both invokes Kant’s distinction between rules and concepts of rules, and suggests a move from rules to practices, attitudes, and construals. Mere conformity to a norm is not even a candidate for a construal in accordance with a normative attitude.

I also want to say, as Aristotle would, that the correctness of such construals, though emergently relatively objective in terms of something like multidimensional gradients of “should”, is not in general decidable in Boolean yes/no terms. Brandom seems more worried about avoiding collapse of moral necessity into causal necessity or mere factual regularity. While I thoroughly agree that normative conclusions cannot be derived from non-normative premises, I take overly rigid prescription to be still the more practically important concern. Pufendorf’s doctrine of imposition of norms by a sovereign will is huge step backward from Aristotle.

What is needed is ground-level, broadly rational interpretation of real-world situational particulars, complexities, and ambiguities that is not strict rule application; i.,e., phronesis.

The objectivity of ethics does not consist in strictly univocal determinations, but in shareable reasonableness. The interesting cases are not like “It’s raining and I don’t want to be wet, so I should open my umbrella.” There could be no precise formula for how to balance independent concerns when they are in partial conflict. (See also Kantian Maxims; Categorical Imperative; Kantian Obligation; Binding; Varieties of Ethics.)