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.

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).

17th and 18th Century Moral Philosophy

I was working on a second installment on Brandom’s “lost” historical chapter of A Spirit of Trust, which makes some use of J. B. Schneewind’s The Invention of Autonomy (1998). Upon directly consulting Schneewind’s book, I found so much of interest that I have decided on a detour. This is an impressive history of moral philosophy in the 17th and 18th centuries, with which I previously had little acquaintance.

Schneewind’s eventual main concern will be to bring out the way that ideas of self-governance originating from Stoicism — particularly as elaborated by the Roman authors Cicero and Seneca — were taken up and significantly developed by some of the leading writers of the day. This seems to be distinct from the tradition of natural law, which is also Stoic in provenance.

He notes that Kant uses the unprecedented expression “fact of reason” in relation to human freedom. “Readers who hold, as I do, that our experience of the moral ought shows us no such thing will think of his version of autonomy as an invention, rather than an explanation” (op. cit., p. 3). Nonetheless his book aims “to broaden our historical comprehension of Kant’s moral philosophy by relating it to the earlier work to which it was a response” (ibid). In this sense, Kantian autonomy is not at all an invention out of the blue.

The existence of this tradition makes Kant’s unusual claim much more understandable. I think the “fact of reason” claim is intended to be justified neither by our individual direct experience of the moral, nor even by Kant’s distinctive emphasis on our “taking” of things to be thus and such. Rather, it is suggested by the existence of the very substantial tradition of discourse about the role of self-governance in moral affairs that Schneewind documents. This discussion involved many of the leading writers of the 17th and 18th centuries. It would have been familiar to the audience Kant was writing for, even though it has not been well known in more recent times. The fact of reason claim makes much more sense as a claim about socio-historical or cultural fact. This also brings Kant closer to Hegel.

This discourse about self-governance has clear relevance to Kant’s affirmations of the moral equality of humans as humans. It thus represents an emerging alternative to what Brandom calls the traditional obedience paradigm of morality. (Recently, in the context of Duns Scotus, it came out that Stoic ideas of self-governance already had some currency among the early Franciscans. But in that context there was no explicit theme of equality.)

This post will in varying degrees cover Schneewind’s first six chapters, wherein the obedience paradigm is elaborated in new ways by the founder of the Protestant natural law tradition, Hugo Grotius (1583-1645) and his notorious follower Thomas Hobbes (1588-1679). Still within the obedience paradigm, we will see that Richard Cumberland (1631-1718) contests the views of Hobbes on many points. But first Schneewind looks ahead to situate the notion of self-governance.

“During the seventeenth and eighteenth centuries established conceptions of morality as obedience came increasingly to be contested by emerging conceptions of morality as self-governance. The new outlook that emerged by the end of the eighteenth century centered on the belief that all normal individuals are equally able to live together in a morality of self-governance” (p. 4).

“The conception of morality as self-governance provides a conceptual framework for a social space in which we may each rightfully claim to direct our own actions without interference from the state, the church, the neighbors, or those claiming to be better or wiser than we. The older conception of morality as obedience did not have these implications” (ibid).

“My main theme in what follows is the emergence of various conceptions of morality as self-governance. As early as Machiavelli and Montaigne there were thinkers who set aside the conception of morality as obedience in order to work out an alternative. But most of the philosophers who rethought morality in the seventeenth and early eighteenth centuries did not intend to replace the older conception with a conception of morality as self-governance. They were for the most part trying to solve problems arising within the older view. Most of them were hoping to show how Christian morality could continue to offer helpful guidance in the face of difficulties that no one had previously faced…. They could not have foreseen the uses to which later thinkers eventually put their ideas” (p. 5).

The last part about unforeseen uses is an important methodological consideration in working on this kind of history. Just as, for example, the modern notion of subject did not emerge all at once and is not a monolith, but underwent a long, complex development full of twists, turns, branchings, and occasional reversals, so too the developments here are anything but simple. And this is not just a happy aesthetic appreciation of difference, but also a matter of bloody religious wars and civil wars.

“Moral and political concerns led increasing numbers of philosophers to think that the inherited conceptions of morality did not allow for a proper appreciation of human dignity, and therefore did not properly allow even for the moral teachings of Christianity” (ibid).

This was a complex development. The obedience paradigm came to be more and more strongly associated with voluntarism. But voluntarism also became more differentiated, and began to be secularized. Explicit anti-voluntarism emerged as a significant trend, in Christian as well as secular contexts.

“Conceptions of morality as self-governance reject the inequality of moral capacity among humans that was a standard part of conceptions of morality as obedience” (p. 6).

“Events outside of philosophy itself were largely responsible for stimulating the rethinking of morality that occurred in the seventeenth and eighteenth centuries. The Reformation and the Counter-Reformation made anything tied to religion a matter of controversy — and everything was tied to religion. The warfare that racked Europe almost continuously from the sixteenth century until the middle of the seventeenth century, and the civil conflicts in Britain that lasted almost until the century’s end, were understood in terms of issues about religion…. Morality as interpreted by churches that were themselves rent by sectarian disagreements could not provide either an inner sense of community or external constraints sufficient to make civilized life possible” (pp. 6-7).

Modern science was also developing by leaps and bounds, but for Schneewind this was not the main factor in the religious and social ferment of the time.

“Without the science, the course that moral philosophy took would no doubt have been different. But morality would have required reexamination and reshaping even if there had been no new science…. [T]he problems arising from religious dissension and from calls for wider participation in politics were not themselves due to advances in scientific knowledge” (p. 7).

“But there were many more people who, without being atheists or doubters, were taken to be antireligious because they held that institutionalized religion was doing great harm. They certainly hoped to see the churches or the clergy reformed, but they sought no secular ethic. Anticlericalism is not atheism” (p. 8).

This is important. Many opponents of religious authoritarianism have been profoundly religious themselves, but the hardline defenders of authoritarian and sectarian views have (and still do) commonly misrepresent them as atheists.

“Briefly, the claim that the main effort of the moral philosophy of the eighteenth century was to secularize morality does not stand up to the most cursory inspection” (ibid).

The Enlightenment mainstream opposed superstition and the religious sectarianism that was all too common. Some defenders of religion equated that opposition with a wholesale denial of religion, but this was a polemical misrepresentation.

Defenders of religion were not the only practitioners of polemical misrepresentation. “Among antireligious thinkers there were many who talked as if the only interpretation of religion on which God is essential to morality is that of the strong voluntarists” (ibid).

“Voluntarists hold that God created morality and imposed it on us by an arbitrary fiat of his will” (ibid). A concern with voluntarism was unavoidable in discussions of religion and morality during the period I shall be considering” (p. 9).

But “For everyone except the atheists, morality and religion remained tightly linked in early modern moral philosophy. The ethics of self-governance was created by both religious and antireligious philosophers” (ibid).

On the other hand, “Empiricism from Bacon through Locke had a strong affinity with voluntarism in ethics. Voluntarism in ethics tended to be associated with extreme conceptions of morality as obedience to God” (p. 10). Newton was a strong voluntarist too.

Schneewind’s work will show that Kant’s key concept of autonomy is firmly rooted in the anti-voluntarist tradition of self-governance, although this is not quite the lesson that Brandom draws from it.

“It seems to me not unreasonable to suppose that [Kant’s] normative commitment to a strong conception of morality as self-governance was at least a large part of what motivated him to develop his remarkable constructivist theory of knowledge as well as his motivational psychology. His is not the only case where the conventional portrayal of the historical relations between epistemology and moral philosophy is worse than useless” (p. 11).

“From [the work of Locke and Thomasius] it became evident why natural law theory seemed unable to meet the moral demands placed on it. Although Locke did not think it a failure, Thomasius did. There were no major natural law thinkers after these two, and I shall try to indicate why” (ibid).

“Influenced by Stoicism, rationalist thinkers from Lord Herbert of Cherbury and Descartes through Leibniz offered various versions of perfectionist ethics. Some thought we should focus on perfecting our knowledge, others, especially the Cambridge Platonists, emphasized perfecting our wills…. But even religious believers of orthodox persuasions aimed to show that morality requires much less of God’s direct operation than their predecessors had thought” (p. 12).

We’ll see a bit more on this “perfectionism” in a later post. This seems to be a different angle that cuts across the division between voluntarism and anti-voluntarism.

“The belief that human action should be guided by natural laws that apply to all people, no matter what their race, sex, location, or religion, originated outside of Judaism and Christianity. Once accepted into Christian thought, the idea of natural law became central to the European way of understanding morality…. These different Christian interpretations of natural law were far more significant for the development of modern moral philosophy than the ethical writing of Plato or Aristotle” (p. 17).

This is one of the more admirable aspects of Stoicism. From here, Schneewind begins his chronological account.

“The concept of natural law is at least as old as the Stoics” (ibid). “The most widely read transmitter of the idea of natural law was Cicero” (p. 18). “In accordance with Stoic teaching Cicero identified natural law with the dictates of right reason. Reason speaks with the voice of nature, showing us eternal and unchangeable laws applicable to all. It is the legislation of the gods, not alterable by human rulers” (ibid).

We have recently seen that even a strong voluntarist like Scotus could embrace the Stoic criterion of right reason in practical ethics.

“Ideas of natural law found a vital place in the development of Christian thought about the guidance of action. St. Paul provided the ground for incorporating them, in one of the most influential and frequently cited passages in the New Testament, Romans 2.14-15: ‘For when the Gentiles, which have not the law, do by nature the things contained in the law, these, having not the law, are a law unto themselves. Which show the work of the law written in their hearts, their conscience also bearing witness, and their thoughts meanwhile accusing or else excusing one another’ ” (ibid).

“[I]n about 1140 [the Decretals of Gratian took] the crucial step of identifying the natural law both with the directives contained in the Bible and with the law common to all people, the law they are led to acknowledge by a natural instinct” (pp. 18-19).

“The moral virtues, Aquinas holds, are habits enabling us to control the passions and desires that tend to lead us away from our true good. As habits concerned with practice these virtues must be guided by the principles of practical reason; and the principles of reason concerning the good are the laws of nature” (p. 19).

“But Thomas departs from Aristotle in holding that the laws of the virtues can be formulated and used in practical reasoning…. Thomas does not invoke the Aristotelian insight of the virtuous agent as our final guide. For him, the virtues are basically habits of obedience to laws” (p. 20, emphasis added).

Aristotle’s own view is that we should trust that a virtuous human will do the right thing.

“For Thomas, because ‘the will can tend to nothing except under the aspect of good’, the will is necessarily guided by what the intellect shows it as good” (ibid).

This side of Aquinas approaches Plato’s view that all beings desire the Good.

“When Christ summarized the laws, he told us to love God above all else and our neighbor as ourself. Not surprisingly, Thomas thinks that the laws of nature turn out to say the same thing. They teach us how to love rightly” (ibid).

On the other hand, for Aquinas “Our participation in the eternal law shows that we are not self-governed. We are governed by another” (p. 21).

“[F]or Duns Scotus the will is nobler than the intellect and is not tied by what the intellect can show it” (p. 23). “The most basic consideration leading Duns Scotus to the voluntarist position was the desire to maintain God’s omnipotence” (p. 25).

“Omnipotence is secured, at the cost of making God’s commands concerning the moral relations of human beings to one another an outcome of his arbitrary will. Luther and Calvin did not mind the cost. Voluntarism became an inescapable issue for later thinkers because of the decisive place they gave it in their moral theologies” (ibid).

“Suarez explains why the theologian must be the authority on the laws of nature” (p. 59). “Natural goodness provides the material for God’s command and justifies it; the formality of command alone makes obligation supervene upon natural goodness” (p. 61). “Suarez argues that everything concerned with moral goodness falls within the domain of natural law” (p. 62). “God could not achieve his end without making his law known, but no special revelation of it is required. The natural light, through the faculty of judgment — a part of right reason — teaches us what we are to do” (p. 63). “His own view is that the law is one for all humans because it is tied to the rational nature common to all” (p. 64). “Hence if conscience informs us adequately of the relevant precept and shows us that the case at hand falls under it, and we act with those considerations in mind, we do all that the law requires, inwardly as well as outwardly” (p. 65). “God does not efficaciously will the performance of all that he requires…. But he does efficaciously will that there be binding force, and hence obligation, to what the natural law requires” (ibid).

“Grotius’s central thought is that the laws of nature are empirically discoverable directives” (p. 72). “Grotius does not appeal to a divine manager of the universe whose governance assures us that obedience to natural law will contribute to the cosmic good while bringing us our own as well. He does not tell us that natural law points us toward perfecting our nature, or toward living as God’s eternal law requires. He considers only the empirical data about human conflict and its resolution” (ibid). “The general tenor of his remarks is opposed to voluntarism, and Grotius’s readers all took him to be opposed to it” (p. 74).

“He is therefore left with the problem of explaining exactly how acknowledging an obligation differs from noting goods and ills…. If rules impose obligation independently of the will of God, then it is not clear why God’s will must be invoked at all” (p. 75).

“The theory of the mean is one way of bringing out an an important point of difference between understanding morality as centered on virtue and taking it as centered on law” (p. 76). “The point of justice has nothing to do with the agent’s motives. To be just is simply to have the habit of following right reason with respect to the rights of others. Since right reason shows us the laws of nature, Grotius is assimilating virtue to obedience to law, as we have seen St. Thomas do…. He does not think the laws of nature determine what we are to do down to the last detail. Where the law is indeterminate, however, what operates is not insight but discretion. In such cases we make nonmoral choices among permissible acts. Grotius brings this out in direct confrontation with Aristotelianism” (p. 77).

It seems to me that these comparisons to Aristotle do not do him justice. Aristotle explicitly disavows any merely mechanical application of his criterion of the mean. It is not at all clear that Aristotle means to privilege “insight” over discretion. Either of these terms can be given a positive or negative spin.

“Thus, for Grotius, law points to good but is defined, not in terms of good, but in terms of injustice…. A perfect right gives rise to the kind of law under which people have strict obligations. As we would expect, justice is concerned with perfect rights and the obligations arising from them…. An imperfect right, by contrast, is an agent’s ‘aptitude’ or worthiness to possess or control something. This kind of right is associated, not with strict obligation, but with ‘those virtues which have as their purpose to do good to others’, for example, generosity and compassion…. He calls it the law of love, or a rule of love” (p. 79). “The law of love is not a law properly so called…. But it is significant that he treats the law of love as on an equal footing with the law of justice…. He treats rights as qualities grounding law, not as derived from law. They are personal possessions” (p. 80).

This may be the origin of the distinction between the good and the just, which is well established in the tradition but not obvious.

“Thus political authority need not arise from consent…. Moreover, not all rule is for the benefit of the governed. A good deal of it is for the good of the ruler. And there is really nothing for the people to do but endure it” (p. 81).

I tend to think of the consent of the governed in social contract theory as a kind of foundation myth. As long as we are going to have government, it ought to be in some real way “by consent”. But that does not mean that things are that way.

“Numerous Protestant writers on ethics and the foundations of politics followed him in using the language of natural law while detaching it from the specific doctrines of any particular religious confession, whether Protestant or Catholic” (p. 82).

“Like Grotius, Hobbes wrote about war and peace, but his concern was civil rather than international strife. He lived through the horrendous English civil war and experienced many of its consequences himself…. Philosophy, for Hobbes, is the rational discovery of connections of causes and effects…. The point of moral philosophy is to enable us to keep our society from disintegrating under the stresses produced by human nature” (pp. 83-84).

“Because he thinks that war is caused by ignorance, Hobbes says more about the causes of human conflict than Grotius does. At the center of his analysis is his view of the passions and desires. His psychology is intimately tied to his physics…. Hobbes defines desire and aversion in terms of the smallest motions — the ‘endeavors’ — of the atoms that constitute us. When we are moved toward some perceived or imagined object we say that we desire it…. When we are moved toward something, we call that toward which we are moved ‘good’. Thus we do not desire something because we think it good. We think it good simply because the thought of it moves us to get it…. Going beyond Grotius, who simply sets the issue aside, Hobbes flatly asserts that ‘there is no such Finis ultimis (utmost ayme), nor Summum bonum (greatest good), as is spoken of in the Books of the old Moral Philosophers’ ” (p. 84).

In this somewhat cynical refusal of the concept of a higher good, Hobbes recapitulates the Greek Sophists.

“In advancing the psychology that yields this conclusion Hobbes is rejecting the Stoic theory of desire and passion…. Hobbesian desires … are not propositional in the Stoic way…. [D]esires are causal forces. They stem from the interaction between our bodies and causal chains originating outside them, and they determine literally our every move. The Stoics thought the world was infused by rational deity and was consequently ordered toward harmony. If our desires represented the world and the goods in it accurately, we would live harmoniously, finding a highest good for ourselves which could be shared with all other like-minded people. Hobbes has no such view. Physical laws like those Galileo discovered hold no promise of humanly meaningful order” (pp. 85-86).

“The outcome is the famous war of all against all…. It is striking that although Hobbes’s portrayal of our nature and its social effects rivals in its vivid pessimism the dismal pictures of St. Augustine, Luther, and Calvin, his point is not theirs. He explicitly refuses to say that our nature is sinful. He is simply giving a scientific account of the factors that cause the problem we must learn to solve” (p. 87).

“In a complex situation we will feel moved in various directions. The conflict of desires and aversions thus constituted is what we call ‘deliberation’, and its outcome — the last appetite, the one that effectively causes one’s body to behave in a certain way, or, as we say, moves one to act — is the act of will. If the will is caused by an apparent good, the act is spontaneous, and a spontaneous act following deliberation is voluntary. If the will is moved by fear we do not call the act spontaneous, but acts done from fear and those done from hope are both caused in the same general way” (p. 88).

This candid recognition of the reality of conflict has something to say for it, but the reductionist dismissal of deliberation makes ethics impossible.

“It makes no sense to speak of the will as free. ‘I acknowledge this liberty‘, Hobbes says pithily, ‘that I can do if I will, but to say that I can will if I will, I take to be an absurd speech’ ” (p. 89, emphasis in original).

Here I think he is right. The genuine reality of ethical choice does not depend on the common post-Aristotelian assumption of a hypostasized faculty of choice.

“In the state of nature each has a right to all things and so no one is acting unjustly whatever one does for self-preservation” (ibid). “How is peace to be obtained? By giving up our right to all things…. This means that I cease to use my liberty to prevent others from getting what they want…. Once I actually limit my desires, then it may be said that I am bound or obliged not to interfere with any use made of the right I have given up; or that I ought not or have a duty not to interfere…. This means I cease to use my liberty to prevent others from getting what they want” (p. 90).

Hobbes views natural rights as inherently in conflict with one another, as indeed they must be if they were each a “right” to all things. In my view, even legitimate rights are artificial and not natural. They are a kind of distant second best that we reach for as a defense against abuses.

“Hobbes says also that he is not proposing new laws of nature. From the law requiring that we seek peace, he proceeds to demonstrate laws requiring us to be just, which for him means honoring contracts, to show gratitude, to do our best to get along with others, to judge fairly between disputing parties, to avoid arrogance and pride, and many others. These laws are contained in the Decalog. Its second table is summed up in the injunction to love one’s neighbor as oneself, its first table in the requirement that one love God; and these together form a fine summary of the laws of nature, useful in public instruction” (p. 92).

This is the same gloss on the ten commandments that we recently saw among the Franciscan theologians.

Hobbes’s version of the social contract strongly emphasizes one-sided obedience to the sovereign.

“Hobbes differs from Montaigne in thinking that we must each admit that our own sovereign’s laws are just. His laws may not be good; they may fail to help preserve peace; but ‘no law can be unjust’ because we have contracted to obey” (p. 93, emphasis added).

“In denying that we can appeal to natural law in order to criticize positive law, Hobbes is repudiating a major point in classical natural law theory. He is also attacking those who think that everyone has a private source of illumination about morals or religion, which could put each of us in a position to interpret the laws of nature for ourselves…. The havoc that could be wreaked by such teaching in a time of deep division over religion does not need to be explained; the constant turmoil in England between 1640 and 1660 shows how the doctrine could work with economic and political strife to endanger civil society itself” (pp. 93-94).

The critique of private sources of illumination is good. But the main value of natural law is that it depends on no particular human authority, and thus offers some shelter against abuses of such authority. Hobbes makes everything depend on particular human authority, while effectively denying that abuses of authority are abuses.

“Conscience for Hobbes is not itself a source of knowledge or even revelation…. It cannot be our supreme ruler, because we give up our right to take our own opinion as the sole measure of reason when we give up our right to all things” (p. 94).

This depends on a false dichotomy. We indeed have no right to take our own opinion as the sole measure of reason. But that is not what genuinely conscientious people do. A so-called conscience with no regard for others is not conscience at all.

“Hobbes allows that most people will not be able to follow his arguments. He has two remedies for this. One is regular teaching…. Hobbes suggests that there is a second remedy. Everyone can use the simple formula, ‘do not that to another, which thou wouldest not have done to thyself’ ” (ibid).

So even Hobbes recognizes the golden rule, at least for the rest of us.

“Hobbes thus agrees with Aquinas and Suarez that obedience to moral rules and positive laws is in most people the result of commands issued by an authority with power to penalize disobedience. The masses will understand the rules but not their rationale. Unlike Suarez, he does not say that obedience may come simply from a direct concern for righteousness, aroused by awareness of a law. Hobbes’s theory as a whole leaves little space outside the state of nature for anyone to exercise moral self-governance” (ibid).

Here, relatively speaking, I have to sympathize with Suarez.

” ‘The savages of America are not without some good moral sentences’, Hobbes says, just as they can add and divide small numbers. What they lack is not morals but science” (p. 95).

This sentiment as far as it goes is laudable, but I don’t see how it could be compatible with the unqualified natural war of all against all that Hobbes insists upon.

“Hobbes also goes out of his way to include another commonplace of the time. He ties morality to religion by claiming that the dictates of reason about how to live … cannot be called law unless we think that God commands us to obey them. Hobbes uses here the familiar natural law distinction between advice or counsel and law or command…. Readers of the time would have recognized this as a familiar point about the nature of law. They would have coupled it with Hobbes’s notorious remark that God’s right to reign over men ‘is to be derived, not from his creating them (as if he required obedience, as of gratitude for his benefits), but from his irresistible power‘. And they would have concluded that Hobbes was presenting a voluntarist view of morality” (ibid, emphasis in original).

And they would have been right.

“The impression would have been reinforced by some of Hobbes’s other statements…. Only beings capable of being moved to obey by threats of punishment and offers of reward can be subjects in any but a metaphorical sense…. We are not expected to understand God, still less to see justice in his action…. We should not expect to see any moral point in the distribution of goods and ills in this world. However unjust it may seem in human terms, it comes from God’s power and must be accepted. The similarity of this Hobbesian comment to Protestant doctrines of prevenient grace and election to salvation could not be missed…. All of this is quite in line with the Lutheran and Calvinist view that God is beyond our intellectual grasp” (pp. 95-96).

And this is supposed to be historically progressive and morally superior?

“The Suarezian moral impulse may be the impulse to righteousness, or to compliance with law as such, but that, as I have noted, is absent from Hobbes’s theory. Hobbes agrees instead with Grotius that reason teaches us directives whose obligatory force does not depend on God. If command is needed for law, it is unnecessary for obligation; Hobbes indeed insists that God commands only what reason shows to be obligatory for our preservation” (pp. 96-97).

Unconditional submission to authority is obligatory for our preservation? I still think the appropriate guide to action is whether something is good or right. The moral force of the teaching of reason indeed does not depend on a command.

“Hobbes’s aim is consistently to present a theology that reinforces the need for obedience to the ruler. Unlike Machiavelli he makes a serious effort to show that Christianity can be the appropriate civil religion…. What he is arguing for is in fact a minimalist Christianity not unlike the kind that Grotius expounded…. The most important conclusion from this is that no one can ever rightly think that God commands disobedience to the sovereign” (p. 98).

“I do not think we should take Hobbes to be ‘secularizing’ morality. He thinks that religious belief is the chief cause of anarchy. It is therefore vitally important to his political aims to make impossible any claims about the relation of religion and morality other than his. The God of voluntarism has a crucial role in Hobbes’s preemptive strategy. If the God who is adumbrated in Hobbes’s voluntarist terms is essential to morality, constituted as such by his command, then Hobbes’s theory implies that the management of our lives must be entirely up to us. Priests and churches and Scriptures have no authority; only our mortal deity does” (p. 99).

“Luther and Calvin do not intend voluntarism to take God out of the human community. They use it to ensure that his inscrutable ways will always be in our thought…. Hobbesian voluntarism has an entirely different function” (ibid). “Hobbes says, ‘God has no ends’…. The theorems God turns into laws are moral laws only for us. They cannot be laws for God because he has no ruler over him to command him. Moreover he does not have the nature from which our laws derive their obligatory force” (p. 100).

“To counter Hobbes, Cumberland found it necessary to put forward a new theory of morality…. He was not a reformer. But he was the first philosopher who created an important new ethical theory because he thought it was morally required in order to defeat voluntarism” (pp. 101). “Cumberland, unlike [Grotius and Hobbes], aimed to show that love is the core of morality, and law only its instrument. He invoked nothing less than the universe to do so…. God’s creation must be harmonious. Concord must be natural in both the material and the moral world. It is the view held by Aquinas and Hooker” (p. 102). “But when they said that the first law of nature is that good is to be pursued and evil avoided, they were not thinking in terms of aggregates of goods of individuals, and they certainly did not have the maximization of such an aggregate in mind. These ideas make their first appearance in Cumberland. He leaves us in no doubt that we are to understand the good in thoroughly quantitative terms…. When Cumberland spelled out precisely what the law of love is and claimed that it is the sole basis of all of morality, he was quite deliberately taking a radical new step in moral theory” (p. 104).

Cumberland is apparently often regarded as a sort of proto-utilitarian. The calculus of utility is less horrible than the emphasis on command.

“Cumberland rejects the Hobbesian view that our words and deductive systems are inventions we make to serve our desires. Ideas and the truths they form when brought together are, rather, impressed upon us by the world…. Truth is thus the conformity of our ideas ‘with the things themselves’ ” (p. 105). “Establishing a necessary and eternally true principle of morality is for Cumberland the key to defeating voluntarist denial that God and we form a single moral community. He thinks it is imperative to win this point. Unless we do so, we are left with Hobbes’s contention that God rules solely because of his irresistible power…. We can learn his morality. We do not need to appeal to innate ideas or to metaphysics to see this. Modern science has established the necessary geometrical laws of the physical universe. Cumberland thinks that he himself has done the same for morality” (p. 106). “He presents the law of nature as a statement of necessary causal connections relating benevolence, individual happiness, and the greatest happiness of all rationals” (p. 107).

In Brandom’s terms, Cumberland is all about the primacy of normative “statuses” that are supposed to objectively exist, and not to depend on any judgment by us.

“God legislates by telling us that it is necessary for us to act to bring about the greatest good of all rationals. This is true because, no matter whether we pursue our own good or the good of others, we can reach our end fully only by acting in ways that forward the greatest good. The obligation of law comes, then, simply from God’s telling us the truth about what it is necessary for us to do, given our ends. We can learn the truth from experience” (p. 110). “Cumberland’s claim that empirical evidence shows the truth of the law of nature is thus a claim about natural sanctions. Selfishness is self-punishing, benevolence self-rewarding, and these facts are empirical” (p. 111). “For Cumberland nature enables us to move from what we do desire to what is truly desirable, and the law of nature is thus a schoolmaster to lead us to God (Galatians 3.24)” (p. 112).

Natural sanctions seem like a good idea, as does the idea that we can learn. It is hard to argue with an emphasis on the greatest good. But the assumption that all goods are commensurable is false. The constant challenge of ethics is that some goods are incommensurable with one another.

“Since the will must seek clearly perceived good, what God understands about good is ‘analogous to a natural law’; and since his understanding is infinite, the necessity with which he follows it is much greater than any that could be induced by sanctions. There is therefore an ‘intrinsic propension of the divine will’ that makes it impossible for God to violate the dictate that the greatest good is to be pursued” (p. 113). “Cumberland thus thinks that we need not fear Hobbesianism because he has shown that God thinks rationally, as we do. God and we must follow the same moral law. We can confidently apply our understanding of morality to God in order to conclude that God is just; and because God could not reveal anything ‘contradictory to the just conclusions of our reason’, we are to believe the Scriptures” (ibid).

Cumberland here draws a conclusion that is diametrically opposite to the Radical Orthodoxy claims about Scotist univocity.

“As ‘subordinate members’ of the Kingdom of God. we are each entitled to only as much personal good as is in proportion to our importance in that Kingdom” (p. 114). “We have individual rights, in short, only insofar as it serves the common good for us to have them” (p. 115).

“No two true propositions can be inconsistent. So if any of us judges that our taking something we need to support our own life would be permissible, we must admit that a similar act by anyone else similarly situated would be so as well” (ibid). “Only a morality of obedience gives us the guidance we need” (p. 116).

While opposed to voluntarism, Cumberland still very strongly and clearly endorses the obedience paradigm.

“Human ignorance, he argues, justifies our keeping the present system of private property intact” (p. 117). “But justice consists in observing the rights of possessors, and those rights must be treated as inviolable. Moreover we must acquiesce even in a division of property that arose from chance, such as casting lots or first occupancy, because the importance of having settled ownership is so great” (p. 117). “Hence ‘a desire of innovation in things pertaining to property, is unjust’ because necessarily inconsistent with the fundamental law requiring pursuit of the greatest good. Ignorance puts us in a condition where we must all be obedient to God, and where most of us must be obedient as well to the wealthy and the powerful in this world” (ibid).

In case anyone worried that a concern with the greatest good of the greatest number might lead to socialism, Cumberland makes it very clear that he puts property rights ahead of other rights. This is actually typical in classic accounts of rights. Schneewind clearly thinks Cumberland goes even further, and holds that we must obey those who are wealthier than we are. Cumberland’s God apparently supports plutocracy.

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).

Spirit of Trust

“At the very center of Hegel’s thought … is a radically new conception of the conceptual…. This way of understanding conceptual contentfulness is nonpsychological” (Brandom, A Spirit of Trust, p. 2).

“[W]hat confers conceptual content on acts, attitudes, and linguistic expressions is the role they play in the practices their subjects engage in…. [M]eaning is to be understood in terms of use” (p. 3).

“Hegel thinks that we cannot understand [the] conceptual structure of the objective world … except as part of a story that includes what we are doing when we practically take or treat the world [in a certain way]” (pp. 3-4). “[I]n knowing how (being able) to use ordinary concepts, one already knows how to do everything one needs to know how to do in order to grasp and apply the metaconcepts…. The categorial metaconcepts are the expressive organs of self-consciousness” (p. 5).

“In reading [Kant and Hegel] it is easy to lose sight entirely of ordinary empirical and practical concepts…. Yet I believe that the best way to understand what they are saying about their preferred topic of concepts operating in a pure, still stratosphere above the busy jostling and haggling of street-level judging and doing is precisely to focus on what these metaconcepts let us say about what is going on below…. If the point of the higher-level concepts is to articulate the use and content of lower-level ones, then the cash value of an account of categorial metaconcepts is what it has to teach us about ordinary ground-level empirical and practical concepts” (pp. 5-6).

“The process of experience is accordingly understood as being both the process of applying determinate conceptually contentful norms in judgment and intentional action and the process of instituting those determinate conceptually contentful norms. It is the gradual, progressive finding of what the content has been all along” (p. 6).

“So [Hegel] takes it that the only way to understand or convey the content of the metaconcepts that articulate various forms of self-consciousness … is by recollectively rehearsing a possible course of expressively progressive development that culminates in the content in question. And that is exactly what he does” (p. 7). “We can understand [the metaconcepts] in terms of what they make it possible for us to say and understand about the use and content of those ground-level determinate concepts” (p. 8).

“The second master idea of Kant’s that inspires Hegel’s story is his revolutionary appreciation of the essentially normative character of discursive intentionality. Kant understands judgments and intentional doings as differing from the responses of nondiscursive creatures in being performances that their subjects are in a distinctive sense responsible for. He sees them as exercising a special sort of authority: the authority that discursive subjects have to undertake commitments as to how things are or shall be. Sapient awareness, apperception, is seen as a normative phenomenon, the discursive realm as a normative realm” (p. 9).

“But concepts are now understood as ‘functions of judgments’. That is, they are understood in terms of their functional role in determining what one makes oneself responsible for or commits oneself to in judging. At the center of what one is responsible for is having reasons for judging or acting as one does. Concepts are rules that determine what counts as a reason for (or against) applying them, and what applying them counts as a reason for (or against)…. Discursive beings live and move and have their being in a normative space of reasons…. Where the Early Modern philosophical tradition had focused on our grip on concepts, Kant shifts attention to their grip on us” (ibid).

“That is to say that he understands representational purport, the way in which its acts show up to the subject as representings, as intentionally pointing beyond themselves to something represented by them, in thoroughly normative terms. Something is a representing insofar as it is responsible for its correctness to what thereby counts as represented by it” (p. 10).

“What one makes oneself responsible for doing in judging is rationally integrating the new commitment one undertakes with one’s prior commitments so as to yield a constellation of doxastic commitments that exhibits the sort of rational (‘synthetic’) unity distinctive of apperception. For concepts to play their functional role as rules for doing that, their contents must determine what would be reasons for or against each particular application of those concepts in judgment, and what those applications would be reasons for or against” (ibid).

“I have already gestured at Hegel’s nonpsychological conception of the conceptual as what is articulated by relations of material incompatibility and consequence…. Descartes understood the distinction between minded creatures and everything else in terms of a distinction of two kinds of stuff: mental and physical. Kant’s normative reconceiving of sapience replaces Descartes’s ontological distinction with a deontological one. Discursive creatures are distinguished by having rational obligations. They are subject to normative assessment of the extent to which what they think and do accords with their commitments or responsibilities” (p. 11).

“Kant’s insight into the normative character of judging and acting intentionally renders philosophically urgent the understanding of discursive normativity” (ibid).

“[Hegel’s] generic term for social-practical attitudes of taking or treating someone as the subject of normative statuses is ‘recognition’ [Anerkennung]. He takes it that normative statuses such as authority and responsibility are instituted when recognitive attitudes have a distinctive social structure: when they take the form of mutual or reciprocal [gegenseitig] recognition” (p. 12).

“[N]orms or statuses must be intelligible as having a certain kind of independence from practitioners’ attitudes toward them if they are to be intelligible as serving as authoritative standards for normative assessment of the propriety or correctness of those attitudes” (p. 13).

“But however it is with Wittgenstein, Hegel’s invocation of the social character of discursive normativity, in the form of the claim that normative statuses are instituted only by reciprocal recognitive attitudes, works quite differently” (ibid). “In Hegel’s terms, what a self-consciousness is in itself (its normative statuses) depends on both what it is for itself and what it is for others” (p. 14).

“Which others matter for the institution of a subject’s normative statuses is determined by the subject’s own recognitive attitudes: who it recognizes, in the sense of granting (attributing to) them the authority to hold it responsible. But it is not determined by those attitudes alone. Communities do come into the picture. What Hegel calls social ‘substance’ is synthesized by mutual recognition…. But Hegelian communities are constellations of reciprocal-recognitive dyads. The recognitive attitudes of others, who hold one responsible, are equally as important as the normative attitude of one who acknowledges a commitment. Hegel’s version is second-personal, perspectival ‘I’-‘thou’ sociality, not first-personal, ‘I’-‘we’ sociality” (pp. 13-14).

” ‘Dependence’ and ‘independence’, when applied to knowing and acting subjects, are Hegel’s way of talking about normative statuses of responsibility and authority, respectively” (p. 14).

“But corresponding to the reciprocal dependence of normative statuses and attitudes on the side of pragmatics, Hegel envisages a reciprocal dependence of meaning and use, of the contents of concepts and the practices of applying them…. Hegel balances Kant’s insight that judging and acting presuppose the availability of determinately contentful norms to bind oneself by and hold others to, with the insight that our practical recognitive attitudes of acknowledging and attributing commitments are all there is to establish the association of determinate conceptual contents with those attitudes — and so all there is to fix determinate norms or normative statuses they are attitudes toward. The issue of how to make sense of normative attitudes as genuinely norm-governed once we understand the norms as instituted by such attitudes, and the issue of how to understand normative attitudes as instituting norms with determinate conceptual contents are two sides of one coin” (pp. 15-16).

“As the most common misunderstanding of the social dimension sees individuals as bound to accord with communal regularities, the most common misunderstanding of the historical dimension sees the present as answerable to an eventual ideal Piercean consensus. Both are caricatures of Hegel’s much more sophisticated account” (p. 16).

“Viewed prospectively, the process of experience is one of progressively determining conceptual contents in the sense of making those contents more determinate, by applying them or withholding their application in novel circumstances…. Viewed retrospectively, the process of experience is one of finding out more about the boundaries of concepts that show up as having implicitly all along already been fully determinate…. It is of the essence of construing things according to the metacategories of Vernunft that neither of these perspectives is intelligible apart from its relation to the other, and that the correctness of each does not exclude but rather entails the correctness of the other” (p. 17).

“Hegel explains what is implicit in terms of the process of expressing it: the process of making it explicit…. This account of expression in terms of recollection grounds an account of representation in terms of expression” (p. 18).

“Finally, the new kind of theoretical self-consciousness we gain from Hegel’s phenomenological recollection is envisaged as making possible a new form of practical normativity. The door is opened to the achievement of a new form of Geist when norm-instituting recognitive practices and practical attitudes take the form of norm-acknowledging recollective practices and practical attitudes. When recognition takes the magnanimous form of recollection, it is forgiveness, the attitude that institutes normativity as fully self-conscious trust” (p. 19).

“Along the way we can see Hegel using the discussion of the experience of error to introduce the basic outlines of the positive account of representation that he will recommend to replace the defective traditional ways of thinking about representation that lead to the knowledge-as-instrument and knowledge-as-medium models” (p. 21).

“It is widely appreciated that the origins of Wilfrid Sellars’s critique of what he calls the ‘Myth of the Given’ are to be found in Hegel’s Sense Certainty chapter. Sellars himself points to this by opening his essay with an explicit acknowledgement of the kinship between the line of argument he will pursue and that of ‘Hegel, that great foe of immediacy’. By this he means that Hegel, like Sellars, denies the intelligibility of any concept of knowledge that is purely immediate, that involves no appeal to inferential abilities or the consequential relations they acknowledge (Hegel’s ‘mediation’)” (pp. 21-22).

“One conclusion that emerges is that the incompatibility-and-consequence relations that articulate the contents of both theoretical and observational concepts must be understood to be subjunctively robust. By engaging in inferences tracking those relations, experiencing subjects practically confront not only facts, but the lawful relations of consequence and incompatibility that make those facts both determinate and cognitively accessible” (p. 23).

“What self-conscious individual normative subjects are ‘for themselves’ and ‘for others’ are understood as normative attitudes: attitudes of acknowledging responsibility or claiming authority oneself, and attitudes of attributing responsibility or authority to others, respectively…. According to the reciprocal recognition model, one subject’s attitude of acknowledging responsibility makes that subject responsible only if it is suitably socially complemented by the attributing of responsibility by another, to whom the first attributes the authority to do so. The attitudes of acknowledging and attributing are accordingly interdependent. Each is responsible to and authoritative over the other, because only when suitably complementing each other do those attitudes institute statuses” (p. 24).

“One of the principal lessons of the discussion of pure independence, in the allegory of Mastery, is that the normative statuses of responsibility and authority are two sides of one coin. The point is not the trivial one that if X has authority over Y then Y is responsible to X, and vice versa. It is that X’s authority always involves a correlative responsibility by X. Independence always involves a correlative moment of dependence, and dependence always involves a correlative moment of independence” (pp. 24-25).

“The argument for the metaphysical defectiveness of the idea of pure independence (that is, authority without responsibility) in the allegory of the Master and the Servant is, inter alia, Hegel’s argument against the traditional subordination-obedience model of normativity. The crucial move in that argument is the claim that such a conception denies essential necessary conditions of the determinate contentfulness of the authority the Master claims” (p. 25).

“The recognitive community of all those who recognize and are recognized by each other in turn is a kind of universal order under which its members fall…. Self-consciousness in Hegel’s sense is practical awareness of oneself as such a recognitively constituted subject of normative statuses. It is accordingly a social achievement and a social status. Not only is it not the turning on of a Cartesian inner light; it is not even something that principally happens between the ears of the individual so constituted…. As such, it is an important point of reference wherever Hegel invokes the holistic structure of identities constituted by differences” (p. 26).

“The tradition Hegel inherited (endorsed by many philosophers since) understands agency in terms of a mental event of intending or willing causing a separate bodily movement, which in turn has various distinct causal consequences in the wider world. Hegel … thinks rather of doings as unitary things (processes …), which can be variously specified” (p. 27).

“Hegel understands those different kinds of description in normative terms of authority and responsibility…. Intentional specifications are those under which the agent in a distinctive sense acknowledges responsibility, while consequential specifications are those under which others, in a complementary sense, attribute responsibility and hold the agent responsible…. What the doing is in itself is the product of what it is for the agent and what it is for the others….Judging shows up as a limiting special case of practical doings understood in this way” (ibid).

“As the doing reverberates through the objective world, as its consequences roll on to the horizon, new specifications of it become available. Each of them provides a new perspective on the content of the doing, on what doing it is turning out to be. That the shooting was a killing, that the insulting was a decisive breaking off of relations, that the vote was a political turning point for the party are expressions of what was done that only become available retrospectively” (p. 28).

“A phenomenology is a recollected, retrospectively rationally reconstructed history that displays the emergence of what becomes visible as having been all along implicit in an expressively progressive sequence of its ever more adequate appearances (pp. 28-29).

“Hegel thinks that the most fundamental normative structure of our discursiveness underwent a revolutionary change, from its traditional form to a distinctively modern one. This vast sea change did not take place all at once, but over an extended period of time. The transition began with the ancient Greeks and proceeded at an accelerating pace. It was still incomplete in his time (and in ours), but with the main lineament of its full flowering just becoming visible. It is, he thought, the single biggest event in human history. ‘Geist’ is his term for the subject of that titanic transmogrification” (p. 29).

“The essence of the traditional form of normativity is practically treating norms as an objective feature of the world: as just there, as are stars, oceans, and rocks. [Normativity] is construed as having the asymmetric structure of relations of command and obedience that Hegel criticizes in his allegory of Mastery…. In any case, there are taken to be facts about how it is fitting to behave” (ibid).

“What is required to overcome alienation is practically and theoretically to balance the modern insight into the attitude-dependence of normative statuses with a reappropriation of the traditional insight into the status-dependence of normative attitudes. At the end of his Spirit chapters, Hegel tells us how he thinks that can and should be done. His account takes the form of a description of the final, fully adequate form of reciprocal recognition: the recollective recognitive structure of confession and forgiveness for which I appropriate his term ‘trust’ [Vertrauen]” (p. 30).

“It is, remarkably, a semantics with an edifying intent. The effect of theoretically understanding the nature of the conceptual contents we normatively bind ourselves by in our discursive activity is to be to educate and motivate us to be better people, who live and move and have our being in the normative space of Geist in the postmodern form of trust. For Hegel’s pragmatist, social-historical semantics makes explicit to us what becomes visible as our standing commitment to engage in the ideal recollective norm-instituting recognitive practices that are structured by trust — a commitment to practical magnanimity that is revealed to be implicit in talking and acting at all” (p. 32).

Ethical Meaning of Autonomy

The significance of the autonomy of reason defended by Kant and Hegel is primarily ethical. It is not a claim about the power of epistemology or ontology to know the truth. The autonomy of reason stands for free inquiry about ethics and normativity, in contrast to the authoritarianism of what Brandom calls the “command/obedience” model of normative authority. This has nothing at all to do with excessive knowledge claims or objectification, or with what Derrida called logocentrism. Instead it’s about reasonableness and respect for people. (See also New Biography of Hegel.)

Authority, Representation, Pragmatism

The controversial American philosopher Richard Rorty was a mentor and colleague of Robert Brandom. In the essay I will treat here, he presents himself as especially identifying with the pragmatism of John Dewey.

According to the Stanford Encyclopedia of Philosophy, Rorty’s 1967 edited collection The Linguistic Turn “did much to cement the idea of a linguistic turn… as a sea change in the history of philosophy”. He came to sharply criticize analytic philosophy as then practiced, as well as the prevailing self-perception of modern science, but did so from a modernist point of view.

Rorty is best known for his radical critique of modern representationalism — from Descartes to analytic philosophy — in Philosophy and the Mirror of Nature (1979). Like Brandom’s more constructive development of an “inferentialist” alternative approach to meaning in Making It Explicit (1994), that book takes as its point of departure Wilfrid Sellars’ critique of the Myth of the Given in “Empiricism and the Philosophy of Mind”, and W. V. O. Quine’s essay “Two Dogmas of Empiricism”.

Here, however, I will focus on Rorty’s very informal 1999 essay “Pragmatism as Anti-Authoritarianism”. For an initial sketch of my own views relevant to this, see Authority. This is all in preparation for upcoming coverage of recent lectures by Brandom that shed new light on Brandom’s extremely important work, by explicitly relating it to Rorty’s.

Rorty begins, “There is a useful analogy to be drawn between the pragmatists’ criticism of the idea that truth is a matter of correspondence to the intrinsic nature of reality and the Enlightenment’s criticism of the idea that morality is a matter of correspondence to the will of a Divine Being. The pragmatists’ anti-representationalist account of belief is, among other things, a protest against the idea that human beings must humble themselves before something non-human, whether the Will of God or the Intrinsic Nature of Reality. Seeing anti-representationalism is a version of anti-authoritarianism permits one to appreciate an analogy which was central to John Dewey’s thought: the analogy between ceasing to believe in Sin and ceasing to accept the distinction between Reality and Appearance” (p. 7).

The parallelism he points out between two kinds of correspondence does seem significant. This is actually the main contribution of Rorty’s essay. However, the essay’s main body consists of Rorty’s historical storytelling about pragmatism, with a digression on Freud’s critique of religion.

The formulation about ceasing to accept the distinction between appearance and reality is too blunt. Their relation is very far from being a simple binary opposition, but they cannot simply be identical either. Explanation, understanding, and intelligibility depend on making distinctions of degrees of reality within appearance. This is part of what Hegel calls the “logic of essence”.

Epistemological foundationalism — typically associated with a correspondence theory of truth — is the claim that there is such a thing as noninferential knowledge. I say that whatever is claimed to be noninferential knowledge is not knowledge at all in the proper sense, but rather what Plato called opinion (doxa). And again, knowledge in Aristotle’s sense is an ability to explain itself. Explanation appeals to inference, not to a supposed registering of brute facts. Foundationalism is dogmatic in Kant’s sense. It puts ultimate principles beyond any possibility of explanation or understanding. This also makes it arbitrary.

Representationalist theories of knowledge are implicitly foundationalist, and commonly have recourse to a correspondence theory of truth. Pragmatism, meanwhile, is largely defined by its opposition to the correspondence theory. Pragmatists also tend to downplay the distinction between ontology and epistemology. It does seem that the correspondence theory of truth implies something like Rorty’s Reality with a capital R, that is what it is entirely independent of the knower. This ignores the essential role of interpretation and relating things together in understanding.

What Brandom calls the authority-obedience model of normativity is presented by Rorty, not unreasonably, as an insistence on simple correspondence or conformity to the presumed will of God. Simple obedience and simple correspondence have equally little use for reasons or reasoning. For them, everything is supposed to be a matter of sheer fact, with no thought required in its uptake. Hegel’s Phenomenology and Logic preceded the pragmatists in showing that purported facts alone (mere being or objects of immediate consciousness, in Hegel’s terms) do not provide an adequate basis for either understanding or ethical action.

Some of Rorty’s claims about Dewey have been disputed. Not knowing Dewey very well, I am unsure how close the part about ceasing to believe in Sin is to Dewey’s own ways of expressing himself. Rorty doesn’t say much here about what he means by the belief in Sin that he rejects, but I think his idea is that it stresses mere obedience over actual ethical goodness.

I would say that the kind of view that unequivocally puts divine will or command first, above any consideration of the good, is far from accurately typifying all religion. Such radical voluntarism or commandism is indeed horrible in its consequences, but it is certainly not good Thomism, to mention but one example.

Much more common than radical voluntarism are views that equivocate in this area. Rorty seems to lump those who equivocate together with the unequivocal voluntarists. But Leibniz sought to convince equivocating mainstream theologians to actively side with him against radical voluntarism. I like this more optimistic point of view.

Pragmatists are generally recognized as having their own distinctive theories of truth — in one way or another emphasizing the roles it plays in human practices — in competition with the correspondence theory, which is closely tied to representationalism. The correspondence theory of truth, while formally distinct from any particular variety of philosophical realism, at the same time seems to suggest a kind of naive realism that is difficult to separate from the dogmatism that was criticized by Kant. I put Aristotle closer to the pragmatists here than to medieval or modern realists or representationalists.

Rorty continues, “Dewey was convinced that the romance of democracy, a romance built on the idea that the point of a human life is free cooperation with fellow humans, required a more thorough-going version of secularism than either Enlightenment rationalism or nineteenth-century positivism had achieved. As Dewey saw it, whole-hearted pursuit of the democratic ideal requires us to set aside any authority save that of a consensus of our fellow humans” (ibid).

Democracy and consensus were strong themes of Dewey’s. But even to my shallow acquaintance, the picture Rorty paints of Dewey’s views of religion is a bit one-sided. In A Common Faith (1934), Dewey seems to aim to heal the rift between science and religion. He says in effect that the dogmatically religious and the dogmatically anti-religious both identify religion with belief in the supernatural. Dewey rejects that identification, as Hegel does. As a pragmatist, he is more concerned with what people actually do in their lives.

Rorty continues, “Dewey was quite willing to say of a vicious act that it was sinful, and of ‘2+2=5’ or ‘Elizabeth the First’s reign ended in 1623’ that these sentences were absolutely, unconditionally, eternally, false. But he was unwilling to gloss ‘sinful’ or ‘falsehood’ in authoritarian terms. He did not want to say that a power not ourselves had forbidden cruelty, nor that these false sentences fail to accurately represent the way Reality is in itself. He thought it much clearer that we should not be cruel than that there was a God who had forbidden us to be cruel, and much clearer that Elizabeth I died in 1603 than that there is any way things are ‘in themselves’. He viewed the theory that truth is correspondence to Reality, and the theory that moral goodness is correspondence to the Divine Will, as equally dispensable.”

“For Dewey, both theories add nothing to our ordinary, workaday, fallible ways of telling right from wrong, and truth from falsity. But their pointlessness is not the real problem. What Dewey most disliked about both traditional ‘realist’ epistemology and about traditional religious beliefs is that they discourage us by telling us that somebody or something has authority over us. Both tell us that there is Something Inscrutable, something toward which we have duties, duties which have precedence over our cooperative attempts to avoid pain and obtain pleasure” (pp. 8-9).

These two paragraphs seem pretty solid. He then gives a capsule history of pragmatism, seemingly intended as a sort of advertisement. In another part, he says one of the things he likes about Dewey is Dewey’s historical storytelling. Here Rorty practices such storytelling himself.

“Peirce kicked pragmatism off by starting from Alexander Bain’s definition of belief as a rule or habit of action. Starting from this definition, Peirce argued that the function of inquiry is not to represent reality, but rather to enable us to act more effectively. This means getting rid of the ‘copy theory’ of knowledge which had dominated philosophy since the time of Descartes — and especially of the idea of intuitive self-knowledge, knowledge unmediated by signs” (p. 10).

Hegel was Pierce’s great predecessor in the critique of representation. This has not been adequately appreciated. And Dewey’s views on democracy in part reflect a continued serious engagement with broadly Hegelian themes.

“Peirce was anti-foundationalist, coherentist, and holist in his view of the nature of inquiry. But he did not, as most of Hegel’s anglophone followers did, think of God as an all-inclusive, atemporal experience which is identical with Reality. Rather, as a good Darwinian, Peirce thought of the universe as evolving. His God was a finite deity who is somehow identical with an evolutionary process” (ibid).

James and Dewey “focused on the profound anti-Cartesian implications of Peirce’s development of Bain’s initial anti-representationalist insight. They developed a non-representationalist theory of belief acquisition and testing” (ibid).

“Peirce thought of himself as a disciple of Kant, improving on Kant’s doctrine of categories and his conception of logic. A practicing mathematician and laboratory scientist, he was more interested in these areas of culture than were James or Dewey. James took neither Kant nor Hegel very seriously, but was far more interested in religion than either Peirce or Dewey. Dewey, deeply influenced by Hegel, was fiercely anti-Kantian. Education and politics, rather than science or religion, were at the center of his thought” (p. 11).

“James hoped to construct an alternative to the anti-religious, science worshipping, positivism of his day” (ibid).

“Dewey, in his early period, tried to bring Hegel together with evangelical Christianity” (ibid).

“The anti-positivist strain in classical pragmatism was at least as strong as its anti-metaphysical strain” (ibid).

“All of Dewey’s books are permeated by the typically nineteenth-century conviction that human history is the story of expanding human freedom” (p. 12).

“I take the anti-representationalist view of thought and language to have been motivated, in James’ case, by the realization that the need for choice between competing representations can be replaced by tolerance for a plurality of non-competing descriptions, descriptions which serve different purposes and which are to be evaluated by reference to their Utility in fulfilling these purposes rather than by their ‘fit’ with the objects being described” (p. 14).

This idea of a plurality of noncompeting descriptions serving different purposes is no less important for being elementary. But for foundationalists and fundamentalists, everything has to reduce to black and white, and claims to truth are exclusive.

“If James’ watchword was tolerance, then Dewey’s was, as I have said, anti-authoritarianism. His revulsion from the sense of sinfulness which his religious upbringing had produced led Dewey to campaign, throughout his life, against the view that human beings needed to measure themselves against something non-human. Dewey used the term ‘democracy’ to mean something like what Habermas means by the term ‘communicative reason’: for him, the word sums up the idea that human beings should regulate their actions and beliefs by the need to join with other human beings in cooperative projects, rather than by the need to stand in the correct relation to something non human. This is why he grabbed hold of James’ pragmatic theory of truth” (ibid).

The connection he makes between Dewey and Habermas seems sound to me.

There is a multi-page digression on Freud’s Moses and Monotheism, which I will skip. According to Rorty, Freud would have “seen worship of the bare Idea of Father as the origin of the conviction that it is knowledge, rather than love, which is the most distinctively human” (p. 18).

Here I must beg to differ. I see no polar opposition between knowledge and love. The twin pinnacles of Aristotle’s ethics are intellectual virtue, and friendship or love. Hegel stresses both as well. A principled rejection of epistemological foundationalism does not entail the rejection of knowledge — quite the contrary.

“This conviction of the importance of knowledge runs through the history of what Derrida calls ‘the metaphysics of presence’…. The quest for such a reassuring presence is, for all those who resonate to Aristotle’s claim that ‘all men by nature desire to know’, the proper way of life for the good child. To devote oneself to getting knowledge as opposed to opinion — to grasping unchanging structure as opposed to awareness of mutable and colorful content — one has to believe that one will be cleansed, purified of guilt and shame, by getting closer to something like Truth or Reality” (ibid).

The sharp Platonic opposition between knowledge and opinion is something I want to defend. I would completely dissociate it from bad or harmful concepts of authority and representation (still leaving aside the relation between these two). I would sooner associate bad or harmful concepts of authority with opinion that is claimed to take precedence over actual knowledge.

The story about Aristotle and presence is Heidegger’s, not Aristotle’s. Derrida’s critique of the metaphysics of presence really has nothing to do with Aristotle (his immediate target was actually Husserl). I agree that the metaphysics of presence — a variant of the privileging of immediacy that Hegel opposes — is a terrible idea. At least from the time of Plotinus and perhaps from that of the Stoics, the Western tradition has been affected by it. But to claim that the whole history of philosophy has been hegemonically dominated by it is a gross oversimplification.

Strangely, Rorty finishes, “[Dewey’s] anti-authoritarianism was a stage in the gradual replacement of a morality of obligation by a morality of love. This is the replacement which, in the West, is thought to have been initiated by certain passages in the New Testament” (p. 20).

I would say that the moment Socrates initiated the free ethical inquiry that was taken up and developed by Plato and Aristotle, the authority-obedience model no longer universally held sway. Plato and Aristotle are less beholden to it than the leading lights of the moderate Enlightenment. Even among the Latin scholastics, there was plenty of genuine inquiry.

Rorty never gets any further in explaining the relation between representationalism and authoritarianism that he began with. It seems this is just a provocative metaphor, with a conciliatory gesture at the end. But my real interest is in Brandom’s very different presentation, when he relates and contrasts his own work and Rorty’s.

The globally negative reference to obligation may also reflect Rorty’s very negative view of Kant.

In a footnote, Rorty claims with winking anachronism that “eventually [Dewey’s] bete noir became the doctrine which [later writer Thomas] Nagel makes explicit: that something less contingent and more universal than the empirical, environmental conditions which shape a human being’s moral identity is necessary if morality is not to be an illusion” (p. 16n).

This goes way beyond the scope of the rest of the essay. I have little appreciation for arguments that claim something else is necessary for morality to be possible, so I was hoping to find common ground. But now Rorty is objecting to anything “less contingent and more universal than the empirical, environmental conditions”. To me, this sounds more like the positivism that the historic pragmatists opposed.

The pragmatist tradition in general has an ambiguous relation to mainstream varieties of empiricism. Here Rorty sounds like an empiricist.

Earlier in his career, he was known as a defender of eliminative materialism, the view that mental states simply do not exist. Coming from this kind of direction, he would scarcely have needed metaphorical talk about authoritarianism to arrive at a repudiation of representationalism.

I’m very critical of the notion of mental states myself. But I don’t see this as a black-and-white question of whether or not something exists. It is rather a question of how we interpret things. Posing the question in terms of existence implies that there is nothing to interpret, that we already know what all the things in life are. This is an example of the attitude that Kant called dogmatic.

Responsibility as Two-Sided

It is all too easy to judge others — to hold them unilaterally responsible for what we deem to be wrong. The saying “Judge not lest ye be judged” recognizes that there is something wrong with this.

I wanted to say a bit more about Brandom’s account of responsibility as inherently two-sided. This is related to the very simple — if uncommon — idea that there should be a correlation between the degree of one’s responsibility for something and one’s authority over it. This means that in ethical terms, no one has a monopoly on authority over anything, and no one is responsible for something without having some authority over it. Two-sided responsibility comes hand in hand with the sharing of authority.

In the Phenomenology of Spirit, Hegel develops an allegory of the softening of the heart of a hard-hearted judge. For Brandom in A Spirit of Trust, this allegory serves as a kind of climax of Hegel’s monumental work.

Traditional views commonly define morality in terms of obedience or conformity to authority. What we should do is simply given to us from an external source. Brandom calls this the authority-obedience model.

At least from the time of Socrates, those concerned with ethics have recognized that mere obedience or conformity is at best only a very rudimentary level of ethical development, and therefore the same must apply to naked authority.

In diametric opposition to the authority-obedience model, Kant famously emphasized autonomy as a necessary basis of morality. For Kant, we are only truly moral insofar as we genuinely think our judgments through for ourselves, rather than relying on external authority.

While fully endorsing Kant’s rejection of the authority-obedience model, Hegel criticized the Kantian alternative of autonomy as one-sidedly individualistic. It would be a bit arrogant to claim that we really did think everything through all by ourselves. Moreover, there is a kind of symmetry in the all-or-nothing attitudes of the authority-obedience model and the autonomy model. It would be more reasonable to acknowledge that most things in life depend partly on us and partly on something or someone(s) outside of us.

As Brandom reconstructs Hegel’s argument, Hegel wants to say that genuine moral responsibility is always two-sided. The hard-hearted judge in the allegory, moved by a lawbreaker’s sincere confession, confesses in turn that she too is not without fault. I think this applies even more clearly to conflicts and people’s judgments of one another outside a judicial setting.

The point is not at all to obliterate distinctions or impose an artificial equivalence between the actions of the participants. It is rather just to recognize that nothing of this sort is ever completely unilateral, and then to systematically take heed of this in real life.

Kierkegaard

Known as the father of existentialism, Søren Kierkegaard (1813-55) was an unconventional Danish religious and literary figure who promoted a severe and radically irrational notion of faith. His most famous notion is that of a “leap” of faith. In Fear and Trembling, he opposed faith to ethics in very strong terms, discussing at length the biblical story of God’s command to Abraham to sacrifice his son, and unequivocally taking the side of sheer obedience to divine command over all ethical considerations. This kind of fideism is pretty much anathema to me (see Rational Faith; Theology; Euthyphro).

Kierkegaard originated many completely undeserved negative stereotypes of Hegel. Even during the time I was much engaged with the French anti-Hegelians, reading Kierkegaard’s attacks always made me want to defend Hegel.