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).

Authority

“Authority” is not one thing. Aristotle might remind us that it is said in many ways. Two of the most important have nearly opposite senses. One asserts an arbitrary power over others, or an entitlement to coerce others: “Do what you are told”. Why? “Because I said so”. The other is a kind of earned respect that is virtually identical with justification.

An important case is what is called argument from authority. There are practical situations in which very rapid response is required, and there is literally no time for debate. We don’t hesitate to simply grab a child who is in danger from an oncoming car, and we don’t consider this a violation of Kantian respect for others. We also tend to trust the judgment of those we judge to have good judgment. But in any situation in which what is good or what is true is disputed, argument from authority is basically cheating. 

“Because I said so” or “because someone in authority said so” is logically circular, and a circular argument does not establish anything. A particularly insidious version of this is appeals to the will of God, as if all by itself this were a criterion of what is right. 

What these conceal is the speaker’s unboundedly prideful implicit claim to personally know the will of God beyond any doubt, regardless of anyone else’s contrary view of what the will of God is. 

Plato in his dialogue Euthyphro portrays Socrates as asking whether we should say that a thing is holy because the gods love it, or on the contrary that the gods love a thing because it is holy. ”Because the gods love it” or “because it is God’s will” is logically equivalent to “because I said so”, because the speaker simply assumes it is beyond doubt that the speaker’s view is God’s view. 

Building on Plato, Leibniz asks whether a thing is good and just because God wills it, or whether God wills it because it is good and just, and answers that it must be the latter, because to assert the former would make of God a tyrant rather than a being good and just. If on the other hand God is good and just, and therefore wills whatever is actually good and just in each situation, then we are responsible for understanding what is good and just in each case.

Claimed entitlements to coerce others should require substantial justification. We might be tempted to say that no one should ever coerce anyone else, but there are sociopaths and Nazis who do not respect others at all. The problem is that once an authority to coerce is instituted, it takes on a life of its own, and is prone to abuse. As the saying goes, power corrupts, and absolute power corrupts absolutely. But occasionally, coercion is the only way to avoid a greater evil. There are no easy answers here.

Foucault on Power

“Power’s condition of possibility… must not be sought in the primary existence of a central point, in a unique source of sovereignty from which secondary and descendent forms would emanate; it is the moving substrate of force relations which, by virtue of their inequality, constantly engender states of power, but the latter are always local and unstable. The omnipresence of power: not because it has the privilege of consolidating everything under its invincible unity, but because it is produced from one moment to the next, at every point, or rather in every relation from one point to another. Power is everywhere, not because it embraces everything; but because it comes from everywhere…. One needs to be nominalistic, no doubt: power is not an institution, and not a structure; neither is it a certain strength we are endowed with; it is the name that one attrib­utes to a complex strategical situation in a particular society” (Foucault, History of Sexuality vol. 1, p. 93).

“I’d like to mention only two ‘pathological forms’ — those two ‘diseases of power’ — fascism and Stalinism. One of the numerous reasons why they are, for us, so puzzling is that in spite of their historical uniqueness they are not quite original. They used and extended mechanisms already present in most other societies. More than that: in spite of their own internal madness, they used to a large extent the ideas and the devices of our political rationality” (Foucault, “The Subject and Power”).

Foucault in his earlier “archaeological” stage made an enormous impression on me in my youth. He began by questioning the tendency to assimilate similar or similarly named concepts from different times and places in history, as if the “same” concepts were always continuously at work. The metaphor of “archaeology” emphasizes a patient analysis of concrete raw materials of historical evidence as a kind of artifacts, with an emphasis on highlighting their diversity, over traditional history writing’s rush to construct simple, continuous, and uniform historical narratives. Larger historical unities — either the alleged uniformity of culture and attitudes at a given time and place, or alleged continuities of identical concepts persisting across time and space — should be established by evidence, and not simply assumed based on conventional wisdom or uses of the same words.

Later he turned to a series of works more concerned with power and the constitution of human subjectivity. First he emphasized that power is not a matter of formal or institutional authority. Power for Foucault is not something that could be a possession; it exists only in its exercise. Next he criticized the reduction of power to its overtly repressive aspects, recommending instead a “microphysics” that focuses on what in popular discourse is sometimes called “power to” as opposed to “power over” — a positive rather than a negative notion of power. Finally he began to say that there is really no such thing as power, and what matters is the way subjects are constituted through “technologies of the self”. The primary way that social control is effected, particularly in modern Western societies, has less to do with symbolic spectacles of extreme violence than with the very formation of our personal identities. (See also Ethos, Hexis.)

One way these developments might be summarized is to say that power for Foucault is something emergent and not something originary: “power”, whatever it is, is a result, and not a cause. Power is not a magical power emanating from a source that somehow directly affects things, but a way of describing aspects of concrete relational situations.

Aristotle too tells us that power is not a cause in a primary or ultimate sense. It may provide a relative “reason why” in particular cases, but ultimately it is something to be explained, rather than being an ultimate explainer.

Aquinas and Scotus on Power

Gwenaëlle Aubry’s Genèse du dieu souverain (Genesis of the Sovereign God) concludes with chapters on Aquinas and Duns Scotus. She finds that Aquinas systematically substitutes power and action for Aristotle’s less familiar and more subtle ends-oriented concepts of potentiality and act. Aquinas then distinguishes between active power and receptive or passive power, neither of which has much to do with Aristotelian potentiality.

For Aristotle, Aubry says, potentiality is an indwelling tendency of a being to be attracted toward an end. Pure act is the realization of an end (and, I would add, not itself a movement but an unmoved mover that is an attractor). For Aquinas, the receptive power of beings is the power to receive being from God. Pure act is equated with God’s creation from nothing. Aquinas strongly associates being with power; the power of God, pure Being, pure Existence, is for him an active and efficient cause, not an unmoved attractor. On my reading of Aristotle, it is only the less-than-pure acts of moved movers that are active and efficient causes; the “first” cause is an end that attracts beings.

Duns Scotus, according to Aubry, seems to have originated the modern notion of purely logical possibility. For Scotus, anything at all that is noncontradictory is possible, whereas Aristotle considered possibility more pragmatically, in relation to real-world conditions.

Scotus held that the order of the world is radically contingent, able to be reshaped by God’s will. According to Aubry, he explicitly speaks of God’s arbitrary choice, and attributes a power of arbitrary choice to the human will as well. For Aristotle, the source of contingency in the world is the potentialities of things. For Scotus, it is the absolute power of God.

Whereas Bonaventure, Aquinas, and the 14th century pope John XXII treated the “absolute” power of God as only logically distinct from the “ordained” power associated with the order of the world as we know it, and as not actually separately exercised, Scotus insisted that the absolute power of God is actually exercised. He identified the absolute power of God with a kind of pure fact, and insisted that God from eternity could choose to change the order of the world. (I’m inclined to think Abelard was right, and choice is incompatible with eternity.)

God’s choice for Scotus has no reason beyond itself. Scotus explicitly rejects the passage from Plato quoted by Abelard that everything that is has a cause or reason. Aubry says that for Scotus, the good is only good because God wills it so. This is the exact opposite of the argument of Plato, Abelard, and Leibniz that goodness comes first.

Scotus strongly emphasizes the infinity of God in contrast to the finitude of creatures; infinity for Scotus is God’s most important attribute. Moreover, God’s infinite power acts immediately in the world. This reminds me of the extreme positions on omnipotence articulated by Philo and al-Ghazali. According to Aubry, Scotus also says that a worldly prince enjoys a similar absolute power.

In passing, Aubry notes that Descartes — also a voluntarist — held that God creates eternal truths. This seems to be a somewhat Scotist position. (See also Aubry on Aristotle; Leibniz on Justice vs Power; Power of the One?; Disambiguating “Power”; Not Power and Action; Nature and Justice in Augustine; Peter Abelard; 1277; Being and Essence; Being and Representation.)

Leibniz on Justice vs Power

In Meditation on the Common Concept of Justice (ca. 1703), Leibniz made points that deserve to be quoted at length. Editor Patrick Riley notes that “Leibniz’ radical formulation of this question follows Plato’s Euthyphro (9E-10E) almost literally, though Plato was dealing with ‘holiness’ rather than justice” (Leibniz, Political Writings, p. 45).

Leibniz says, “It is agreed that whatever God wills is good and just. But there remains the question whether it is good and just because God wills it or whether God wills it because it is good and just: in other words, whether justice and goodness are arbitrary or whether they belong to the necessary and eternal truths about the nature of things, as do numbers and proportions” (ibid).

For present purposes, what is important is whether justice and goodness depend on an arbitrary will or have criteria of their own, not whether those criteria are necessary and eternal.

To say that justice and goodness depend upon an arbitrary will “would destroy the justice of God. For why praise him because he acts according to justice, if the notion of justice, in his case, adds nothing to that of action? And to say… my will takes the place of reason, is properly the motto of a tyrant” (pp. 45-46; brackets in original).

“This is why certain persons, too devoted to the absolute right of God, who have believed that he could justly condemn innocent people and even that this might actually happen, have done wrong to the attributes that make God lovable, and, having destroyed the love of God, they left only fear [behind]” (p. 46; brackets in original).

“Thus all [Lutheran] theologians and most of those of the Roman Church, and also most of the ancient Church Fathers and the wisest and most esteemed philosophers, have been for the second view, which holds that goodness and justice have their grounds… independent of will and of force.”

“Plato in his dialogues introduces and refutes a certain Thrasymachus, who, wishing to explain what justice is, [says] that is just… which is agreeable or pleasant to the most powerful. If that were true, there would never be a sentence of a sovereign court, nor of a supreme judge, which would be unjust, nor would an evil but powerful man ever be blameworthy. And what is more, the same action could be just or unjust, depending on the judges who decide, which is ridiculous. It is one thing to be just and another to pass for it, and to take the place of justice.”

“A celebrated English philosopher named Hobbes, who is noted for his paradoxes, had wished to uphold almost the same thing as Thrasymachus: for he wants God to have the right to do everything, because he is all-powerful. This is a failure to distinguish between right and fact. For what one can do is one thing, what one should do, another” (pp. 46-47; brackets added).

“[I]f power were the formal reason of justice, all powerful persons would be just, each in proportion to his power; which is contrary to experience.”

“It is thus a question of finding this formal reason, that is to say, the why of this attribute, or this concept which should teach us what justice is” (p. 48). By “formal” Leibniz here means something like “essential”.

Aubry on Aristotle

Gwenaëlle Aubry’s brilliant Dieu sans la puissance (2006) recovers a distinctly Aristotelian theology. Aristotelian potentiality is to be distinguished from Platonic power, even though Aristotle used the same Greek word (dunamis) for it. For Aristotle, god is moreover pure energeia or act (what I have translated as “at-workness”) with no admixture of potentiality.

Aubry says, “As such, [Aristotle’s god] is distinguished from the Platonic Idea of the Good, exceeding being in power, as much as from the Christian God in whom power and being merge to exceed the Good. Because he is act, the god of Aristotle is not the essential Good (the Idea of the Good), but the essentially good substance. And because he is without power, he does not act as an efficient cause. But he is not, however, powerless: his efficacy is non-efficient. If he acts, it is as end…. Aristotle thus thinks the causality proper to the good as being not power, but potentiality as tendency toward the end” (p. 201, my translation, emphasis added).

In a 2015 lecture “Genesis of the Violent God” at Cornell, anticipating her second volume Genèse du dieu souverain (2018), she develops in fine historical detail various theological positions on omnipotence that eclipsed Aristotle’s view, explicitly subordinating goodness to absolute power. She traces the way divine omnipotence has served as an explicit model for political doctrines of sovereignty, from the absolute monarchist Jean Bodin through Hobbes to the Nazi legal theorist Carl Schmitt. Noting that various writers who have grappled with the moral significance of Auschwitz ended up suggesting a “weak” God, she instead urges us to take more seriously Aristotle’s view of a god of pure act.

This work is a development out of her 1998 doctoral thesis. She has worked extensively on Plotinus. She has co-edited volumes of essays on Aristotle’s ethics and on ancient concepts of self, as well as editing a volume on Proclus’ Elements of Theology. Aubry is actually better known as a novelist, and has won several literary awards.

Next in this series: Power of the One?

Perils of Utility

Hegel derives the historic Enlightenment notion of Utility from a simple alternation of perspectives (being-in-itself, being-for-another, being-for-self) that is abstracted from all particular content. It is a sort of objective correlate for the “Pure Insight” that results from free use of the Understanding in practical matters.

The correlate of the Understanding’s freedom on the objective side is its abstraction from all content, which makes it “merely formal” in the sense we have seen Hegel criticize before. An alternation without content could go on without end, which makes it an instance of what he called “bad infinity”. Utility is “the awareness of the world as useful, not the comprehension of that world as the real self” (Harris, Hegel’s Ladder II, p. 380). It is the “pure self-estrangement of the Concept” (p. 386).

As with Understanding in general, Utility by no means appears only in a bad light. It is taken to presuppose a community of equal persons, and to imply the absolutely free Rousseauian general will of a sovereign People, which Hegel presents sympathetically. Consciousness is even said to “find its concept” in Utility (p. 384). Harris notes though that in Hegelian terms, the reference to “finding” indicates a less mature attitude than making or development.

A concept that generates a “bad infinity” ultimately cannot serve as a criterion for value judgment, because it leads to an infinite regress. But Hegel is not so much concerned with the theoretical error of the British Utilitarians’ reduction of all values to utility as with the political danger of the harshly “utilitarian” attitude of those who promulgated the Terror in the late stages of the French Revolution. The idea there was effectively that whatever action was deemed “useful” by the new authorities required no further justification. It seems clear to me, as it did to Hegel, that the French Revolution was a good thing on a historical level, but to acknowledge a generality like that is by no means necessarily to endorse every detail of the way it was carried out.

I have to say I think debates about whether or not “the end justifies the means” in general are pretty meaningless and unhelpful. We can meaningfully discuss the appropriateness of particular means to particular ends. The answer will be yes in some cases and no in others. Harsh measures that are unfortunately necessary in some cases are completely unjustifiable in others. Sometimes the tradeoffs can be very difficult. “Utility” as a putative criterion is only helpful in the easy cases. In difficult cases it ends up being tautological or sophistical. What is unequivocally wrong is the notion of arbitrary license, or the claim that no more substantive development of justification for an extreme course of action is even relevant in the first place.

Hegel is indeed concerned with a slippery slope here. The slippery slope concerns not the ends-means cliché but the use of utility as a criterion, which at the shallow end seems innocuous enough. But vague generality shades into arbitrariness, and utility is a vague generality. (My own judgment is that the notions of sovereignty and the general will are also tainted with what Hegel would call “bad infinity”.)

Next in this series: A Moral Self?

Arbitrariness, Inflation

Arbitrariness in practice or in theory effectively devalues distinctions, reasons, and values all to zero. Insistence on arbitrary power, arbitrary rights, or arbitrary freedom utterly abnegates normativity and reason. (See also Desire of the Master; Tyranny.) Denial of the principle of noncontradiction opens the door for unprincipled sophistry that has the same nihilistic effect. The idea that something genuinely new can only come about through arbitrariness reflects a profoundly impoverished vision.

Theoretical assertions of arbitrary power or authority originated in bad theology (see Strong Omnipotence; Occasionalism), then found their way into modern political theory via one-sided notions like sovereignty. Modern individualism and subjectivism tend to make similarly one-sided, effectively nihilistic claims on behalf of individuals. Sartrean existentialism and Badiouian decisionism are particularly extreme examples. (See also “Hard” Kantianism?)

Rather than valorizing or justifying arbitrariness in actions, we ought to always aim at contextually appropriate applications of reasonableness and respect for others. (See also Practical Judgment; Freedom from False Freedom; Categorical “Evil”.)

Practical Reason

I think the introduction of rational ethics by Plato and Aristotle was the greatest single event in the history of talking animals on our planet, marking the threshold of a kind of historical cultural adulthood. Before that, there were traditional values; codifications of traditional values into law; and attempts by some people to impose their will on others; but there was no ethics as free and open inquiry into what is right.

Two millenia later, Kant took the next big step, and explicitly argued for the primacy of practical reason. This means that the kind of reasoning involved in rational ethics comes first in the order of explanation, before so-called theoretical reason. (See also Ricoeur on Practical Reason.)

Recently, Brandom’s highly original account of responsibility has closed any remaining gaps, making it possible to explain anything at all in terms that put ethical reasoning first. (See also Expansive Agency; Brandomian Forgiveness.) This also further refines Kant’s concept of the autonomy of reason, allowing for a stronger interpretation that eliminates the last vestiges of a dependency of ethical reasoning on anything external to it. It allows the primacy of practical reason to be fused with the autonomy of reason, resulting in a new kind of completeness of ethical reason. (See also Practice.)

Of course, any talk about a completeness of ethical reason presupposes a very broad construal of what ethical reasoning is (see also Reasonableness; What and Why; Context). It also requires that we be very careful to avoid taking its completeness in the wrong way. It presupposes a kind of epistemic modesty as a feature of rational inquiry.

Rational ethics stands in contrast to tradition, but as Hegel might remind us, much of the content of tradition turns out to be broadly rational after all, if we disregard its epistemic shortcuts.

The true antithesis of rational ethics is the subordination of values to a supposedly sovereign will — be it the will of God presumed as known; the expressed will of some individual; or a will attributed to an institution like the state, or to a social group. Such appeals to arbitrary will end the possibility of inquiry and dialogue. (See also Euthyphro; Authority, Reason.)

Freedom Without Sovereignty

Talk about freedom tends to be terribly ambiguous. Do we mean freedom from compulsion, or freedom from determination, or freedom resulting from some positive power? Do we mean anything other than complete unfreedom, or a super-strong total freedom, or something in between?

As to the last question, we ought at least to avoid claiming we are subject to an overly strong unfreedom, without claiming we possess an overly strong freedom. There is an Aristotelian mean here waiting to be clarified.

A first step toward such a clarification is to recognize that freedom ought not to be understood as implying something like sovereignty. Sovereignty is a kind of unconditional, total, exclusive authority or power over a domain. I want to say that nothing in the real world really does or ought to work like that. True freedom involves freedom from this kind of false freedom.

Historically, theories of sovereignty trace back to the absolute and arbitrary power attributed to the Roman emperors. The modern concept of sovereignty originated in arguments for absolute monarchy, e.g., by Jean Bodin in the late 16th century. In later political thought, the notion of sovereignty was transferred to the state as an institution, or in Rousseau’s case to a supposed general will of the people. To the extent that sovereignty of nations really just implies a kind of respect, it is unobjectionable, but to the extent that it is taken to imply a right to do arbitrary things, it is harmful.

Modern notions of individual unilateral rights, while in many cases referring to things that ought to be protected and respected more than they are, are a bad theoretical basis for good ethical concern. The notion of unilateral rights is implicitly grounded in a notion of sovereignty of each individual over a certain domain. At best, rights are a safeguard against failures of mutual recognition and Kantian respect for people, which ought to come first.

We need to think about responsibility in ways that do not presuppose that we must have some kind of sovereignty in order to be responsible. (See also Phenomenology of Will; Rationality; Choice, Deliberation; Brandomian Choice; Kantian Freedom; Freedom Through Deliberation?; Free Will and Determinism; Freedom and Free Will; Desire of the Master; Independence, Freedom; Ego; Euthyphro; Strong Omnipotence; Tyranny.)