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Ethics and Information Technology (2006) Ó Springer 2006

DOI 10.1007/s10676-006-9113-3

Ethical pluralism and global information ethics*

Charles Ess
Interdisciplinary Studies Center, Drury University, Springfield, MO, USA
E-mail: cmess@drury.edu

Abstract. A global information ethics that seeks to avoid imperialistic homogenization must conjoin shared
norms while simultaneously preserving the irreducible differences between cultures and peoples. I argue that a
global information ethics may fulfill these requirements by taking up an ethical pluralism – specifically AristotleÕs
pros hen [‘‘towards one’’] or ‘‘focal’’ equivocals. These ethical pluralisms figure centrally in both classical and
contemporary Western ethics: they further offer important connections with the major Eastern ethical tradition of
Confucian thought. Both traditions understand ethical judgment to lead to and thus require ethical pluralism – i.e.,
an acceptance of more than one judgment regarding the interpretation and application of a shared ethical norm.
Both traditions invoke notions of resonance and harmony to articulate pluralistic structures of connection
alongside irreducible differences. Specific examples within Western computer and information ethics demonstrate
these pluralisms in fact working in praxis. After reviewing further resonances and radical differences between
Western and Eastern views, I then argue that emerging conceptions of privacy and data privacy protection laws in
China, Hong Kong, Japan, and Thailand in fact constitute a robust, pros hen pluralism with Western conceptions.
In both theory and in praxis, then, this pluralism thus fulfills the requirement for a global information ethics that
holds shared norms alongside the irreducible differences between cultures and peoples.

Key words: ethical pluralism, judgment, harmony, privacy, data privacy protection, ethical relativism, ethical
dogmatism, John Rawls, Charles Taylor, Confucius, Plato, Aristotle

The Master said ‘‘Is it not pleasant to learn with a Ethical pluralism
constant perseverance and application?’’
Ethics and politics in the global city
‘‘Is it not delightful to have friends coming from
distant quarters?’’ Pluralism in ethics begins with the encounter of
what appears to be the irreducible difference between
– Analects, I.1–2. incommensurable values, approaches, normative
claims, etc. Such differences, of course, are especially
problematic in the face of the project of discerning
and developing ethical standards and norms intended
to hold legitimacy for more than a single individual
and/or particular group or ethnos located in a specific
time and place.
* This essay was first presented as a lecture at the 2nd Asian- A first response, in the face of these irreducible
Pacific Computers and Philosophy Conference in Bangkok, Thai- differences, is of that of ethical relativism. Such rela-
land (January 7–9, 2005); I am very grateful for the critical com- tivism, of course, pits itself especially against an
ments of AP-CAP participants, including Lawrence Hinman. A ethical dogmatism – the usually ethnocentric belief
subsequent version, presented during a graduate course and faculty
that universal ethical standards indeed exist, that
workshop at the Norwegian University of Science and Technology
(May, June, 2005), likewise benefited from critical comments kindly these are known to a particular person and/or ethnos,
offered by Luciano Floridi, Bernd Carsten Stahl, May Thorseth, and that these standards must indeed be acknowl-
and Johnny Søraker. Participants in the 2005 Conference of the edged as universally legitimate, i.e., as normative for
Uehiro Foundation and Centre for Practical Ethics and the Car- all people in all times and all places. This dogmatism
negie Council (Oxford, December 8–9), including Luciano Floridi,
simply condemns all different views, claims, approa-
Tony Moss, and others, provided helpful criticisms. I am deeply
grateful to the Uehiro Foundation for the opportunity to develop ches, norms, etc., as wrong because they disagree with
these ideas still more fully in the context of the 2005 conference. the one set of putatively universal truths and values.
CH A R L E S E S S

The resulting intolerance of all such different norms strengths and deficits, the political consequences of
and claims inspires precisely the relativist effort to both ethical dogmatism and ethical relativism make
establish and justify tolerance towards a wide diver- each untenable.
sity of views, beliefs, practices, and cultures. The rel-
ativist can do so, however, only at the cost of actively Ethical pluralism in the West
denying the possibility of ethical standards and norms
that may be compelling and legitimate for more than The political Scylla and Charybdis of ethical
the individual and/or specific ethnos. dogmatism and ethical relativism provide primary
By analogy, in the face of apparently incommen- motives towards ethical pluralism. But pluralism – like
surable differences between diverse ethical systems AristotleÕs to on, Being – is said in many ways, especially
apparent in contemporary computer and information as ethical and political pluralisms have enjoyed some-
ethics, it may be tempting to take the relativist turn. thing of a renaissance in the late 20th century. I now turn
In the global village – better, in the global city, made to important examples of these, concluding with what I
up of wildly diverse peoples and their distinctive argue to be the most robust and fruitful version – one
cultural norms1 – perhaps we should just shrug our rooted in Plato and Aristotle, but which further offers
shoulders and say, to each his own, let and let distinctive connections with Eastern thought.
live, and abandon all hope for a genuinely global Alongside ethical relativism, an initial response to
Information Ethics. the encounter with apparently irreducible difference is
The relativistÕs solution is limited on two grounds. a modus vivendi pluralism, one that simply lets these
First, globalization means the ever-increasing differences stand and accepts that there is no further
encounter and interconnectedness between peoples of common ground to be found between diverse views,
diverse cultures, traditions, and histories. ICTs both approaches, norms, etc. While prima facie better than
facilitate and express this interconnectedness. Just as slaughter in the name of a single ethical Truth, such
their global use, i.e., their use beyond the boundaries of modus vivendi pluralism seems woefully insufficient.
a given ethnos, requires an extensive set of agreed-upon As Luciano Floridi points out,3 such modus vivendi
technical standards in order to function – so their pluralism is pragmatically not to be found. Rather, in
global use seems to demand an ethos that will hold the absence of some larger form of shared community
among more or less all citizens of the global city. Fol- life and commitments, ethnic differences in ghettoized
lowing the analogy of the multi-ethnic city: however, contemporary cities (e.g., in the U.S. context,
much diversity may be tolerated and enjoyed in the between African-Americans, Hispanics, Asians, etc.)
city, such diversity further requires shared (but, I will seem rather to sustain constant conflicts that need
argue, not necessarily identical) agreements and ethics very little in order to boil over into violent confron-
in order for the city to function, rather than fragment tation. Just as ethical relativism invites force to
into the ethical equivalent of ghettos. resolve differences, so this sort of modus vivendi plu-
Second, the consequences of ethical relativism in the ralism thereby invokes repressive force to quell these
20th century are equally well-known: in the absence of conflicts. As the basic conflicts and tensions are not
shared norms, force – in political terms, fascism – seems resolved, the resulting ‘‘peace,’’ is, of course, only
the only way to resolve differences between individuals temporary; hence all sides wait simply for the next
and peoples.2 On the scales of evil, the sins and cycle of violence. If there is to be an escape from this
bloodshed of Western imperialism and colonization, cycle, what – besides force – might weave such frag-
fueled by a smug dogmatism assured of the universal mented views, norms, etc., into a more coherent
truth and superiority of a single view, seem reasonably ethical and political order?
balanced by the comparable bloodshed and sins of A first step beyond modus vivendi pluralism is
20th century fascism. Whatever their philosophical developed by Lawrence Hinman.4 Building on the
work of Bernard Gert and Amélie Rorty, Hinman
1
S. Hjarvard. (2002). Mediated Encounters. An Essay on the hopes to establish what he calls a ‘‘robust pluralism,’’
Role of Communication Media in the Creation of Trust in the one that, in the face of different but not necessarily
‘Global MetropolisÕ. In G. Stald and T. Tufte, editors, Global contradictory values, hopes for compatibility – but
Encounters: Media and Cultural Transformation, pp. 69–84. Luton,
University of Luton Press; R. Madsen and T.B. Strong, editors,
does not make compatibility ‘‘a necessary require-
The Many and the One: Religious and Secular Perspectives on
Ethical Pluralism in the Modern World. Princeton University Press,
Princeton and Oxford, 2003.
2
Cf. Mussolini cited in H. Veatch. A Critique of Benedict. In
3
J.R. Weinberg and K.E. Yandell, editors, Theory of Knowledge, E-mail to the author, 23 May 2006.
4
p. 27. Holt, Reinhart, and Winston, New York, 1971; John L. Hinman. Ethics: A Pluralistic Approach to Moral Theory.
Weckert, email to the author, 23 June 2005. Fort Worth, Harcourt, Brace, 1998.
ET H I C A L PL U R A L I S M AND GL O B A L IN F O R M A T I O N ET H I C S

ment’’.5 Hinman thus takes us one step beyond a this central limitation of a pluralism that insists on
minimal, modus vivendi pluralism of sheer differences. connection through identity. This third model high-
To my knowledge, HinmanÕs work6 is the single most lights instead connection in the face of irreducible
extensive overview of classic and contemporary sour- difference, i.e., a complementarity in which an active
ces of pluralism in ethics, and presents a strong case for engagement across these differences works to enrich
what has become a somewhat common form of both participants. This pluralism does not concep-
pluralism.7 tualize connection in the form of a sheer identity that
But more robust forms of pluralism – i.e., forms trumps difference: rather, its complementarity
that would move from the possibility of compati- understands relationship as a coherency between two
bility to various forms of connection and engage- irreducibly different entities, where this coherency
ment between diverse ethical systems – have been (or, in other terms we will see, resonance or harmony)
proposed. So, for example, Madsen and Strong emphasizes a positive engagement between these two
point to the work of John Rawls as an effort to find as one side enhances and expands on the character-
a shared set of ethical norms and standards, ones istics of the other.10
that (more or less) all reasonable people can agree As Madsen and Strong point out, TaylorÕs notion
upon as the ethical and political conditions of a of complementarity means that the Other can stand
shared existence.8 But the ability of this form of as the Other: in a relationship of complementarity,
pluralism to incorporate genuinely different value his or her irreducible difference from me is preserved,
systems also remains limited: how does this liberal rather than compromised or erased by connection
pluralism incorporate the various global communi- through shared identity. In my terms: complemen-
ties – e.g., variants of Islam as found throughout tarity relationships preserve and enhance the irre-
the world, as well as those cultures deeply shaped ducible differences that define distinctive individuals,
by Buddhist and Confucian traditions – whose core cultures, and civilizations.11
values and beliefs do not and, at least prima facie, Plato and Aristotle develop a still more robust
cannot acknowledge its principles?9 pluralism – one that simultaneously offers distinctive
Madsen and Strong identify a still stronger plu- ways of bridging the deep differences between
ralism in the work of Charles Taylor that overcomes Eastern and Western norms, values, and traditions.

5
Hinman (1998, 66). Footnote 9 continued
6
See especially Ch. 2, ‘‘Understanding the Diversity of Moral Eastern – are largely characterized instead precisely by a pluralism
Beliefs: Relativism, Absolutism, and Pluralism’’ (pp. 32–71) and his that allows for more than one interpretation of received teachings
extensive ‘‘Bibliographic Essay’’, also available online: <http:// and traditions (e.g., on Islam, see D.F. Eickelman. Islam and
ethics.acusd.edu/theories/Pluralism/index.html>. Ethical Pluralism. In R. Madsen and T.B. Strong, editors, The
7
See, for example, J. Boss. Analyzing Moral Issues, 3rd ed., Many and the One: Religious and Secular Perspectives on Ethical
p. 41. McGraw-Hill, Boston, 2005, and the work of business ethi- Pluralism in the Modern World, pp. 161–180. Princeton University
cist Richard T. De George. Business Ethics. 5th ed. Prentice-Hall, Press, Princeton and Oxford, 2003). As I will argue with regard to
Upper Saddle River, New Jersey, 1999. Hinman also sees his sort of Confucian thought, the apparently rigid contradiction between
ethical pluralism in the work of eco-feminist Karen Warren, See Western liberalism and traditional religious views may resolve into
K.J. Warren. The Power and the Promise of Ecological Feminism. a more flexible form of relationship – in part, through shared
Environmental Ethics, 12(2(Summer)): 123–146, 1990. pluralisms.
8 10
Göran Collste (Is Religious Pluralism Possible? In G. Collste, Madsen and Strong note that TaylorÕs approach, as rooted
editor, Possibilities of Religious Pluralism, pp. 48–61. Linköping in Gadamerian hermeneutics and DurkheimÕs sociology, ‘‘... would
University Electronic Press, Linköping, 2005) points out that not merely tolerate ethical difference but would engage it as a path
RawlsÕ notion of overlapping consensus, as introduced in his toward deeper forms of human community’’ (2003, 11; emphasis
Theory of Justice. (Harvard University Press, Cambridge, Mass, added, CE). Taylor himself says: ‘‘The crucial idea is that people
1973), and then developed in his Political Liberalism (Columbia can bond not in spite of but because of difference. They can sense,
University Press, New York, 1993), may offset this apparent that is, that their lives are narrower and less full alone than in
insistence on shared identity. association with each other. In this sense, the difference defines a
9
In political terms, this is sometimes discussed as the problem complementarity’’ (Taylor 2002, 191, cited in Madsen and Strong,
of ‘‘liberal fundamentalism’’ or ‘‘liberal sectarianism’’: see Madsen 2003, 11).
11
and Strong (2003, 10f.); W. Kymlicka. Multicultural Citizenship, As Madsen and Strong put it:
pp. 153, 158–163. Clarendon Press, Oxford, 1995; W.A. Galston. Part of what justice requires may include not denying the
Liberal Egalitarian Attitudes Toward Ethical Pluralism. In otherÕs presence to me. To overcome such denial we may
R. Madsen and T.B. Strong, editors, The Many and the One: need to criticize the Rawlsian assumption that the other and
Religious and Secular Perspectives on Ethical Pluralism in I could or do have common understandings of primary
the Modern World, pp. 25–41, 34. Princeton University Press, goods. If we assume all reasonable people ought to share
Princeton and Oxford, 2003. (I am grateful to my colleague in the such common understandings, then we easily dehumanize
Applied Ethics Programme at NTNU, May Thorseth, for making those who in fact do not (‘‘Can you believe how they treat
me aware of these resources.) Moreover, despite the dogmatism women?’’ ‘‘They are animals and killers; they think abortion
of fundamentalists, religious communities – both Western and is all right.’’ And so forth.) (2003, 12).
CH A R L E S E S S

This complementary pluralism begins in the analogy 1003a33; BurrellÕs translation).15 This structure of
of the line in The Republic, as part of PlatoÕs irreducible difference (diverse senses/ways of being)
(putative) theory of ideas: just as a single object may and connection (unified through reference to one pri-
cast multiple shadows as it is illuminated by differ- mary sense/mode of Being – not by way of a shared
ent sources of light – so the singular Ideas, including identity) directly echoes PlatoÕs interpretative plural-
the Ideas of the Good, Justice, etc., allow for diverse ism on both epistemological and ontological levels.
instantiations and applications in the material For both Plato and Aristotle, these pluralisms are
world.12 As with previous pluralisms we have seen, intended to hold together both unity and irreducible
this understanding of the Ideas thus demarcates a difference, and thereby to establish a middle between
middle ground between ethical and epistemological unity as sheer homogeneity and irreducible differences
relativisms (that assert that diversity and difference thought to exclude all forms of connection and
can only mean the lack of a single truth/value) and coherency. Such pluralisms subsequently appear in
dogmatisms (that insist on the homogenous appli- Aquinas and Kant, for example, who follow Plato and
cation of a single ethical value and/or epistemolog- Aristotle in seeking to exploit these structures of con-
ical claim to truth – such that any different values nection alongside irreducible difference in their own
and /or truth claims must be wrong/false).13 This metaphysics.16
understanding, moreover, does not construct rela- This interpretive pluralism is further allied with
tionship through a shared identity that erases dif- phronesis, AristotleÕs notion of practical judgment.
ference. That is, in contrast with the insistence that Aquinas makes the connection between such practical
all members of a community share the same core judgment and interpretive pluralism especially clear:
values and commitments – a sheer identity that, as
Practical reason ... is concerned with contingent
the problem of ‘‘liberal fundamentalism’’ makes
matters, about which human actions are concerned,
clear, runs the risk of overriding irreducible differ-
and consequently, although there is necessity in the
ences – in such interpretive pluralism (as I call it),
general principles, the more we descend to matters of
the interpretations of a single idea themselves remain
detail, the more frequently we encounter devia-
irreducibly different from one another, but none-
tions.... Accordingly, in matters of action, truth or
theless connected and coherent with one another
practical rectitude is not the same for all in respect of
(not simply compatible) by way of their shared point
detail but only as to the general principles, and where
of origin and reference.
there is the same rectitude in matters of detail, it is
Aristotle makes this contrast between interpretive
pluralism and insistence on connection by way of
identity especially clear in his systematic account
of language and of the pros hen equivocals. The pros
hen – ‘‘towards one’’ – equivocals demarcate a middle
ground between homogenous univocation (a term can
15
have one and only one meaning) and pure equivoca- D. Burrell. Analogy and Philosophical Language, p. 84. Yale
tion (a term holds multiple meanings entirely University Press, New Haven, 1973); Continuing here, Aristotle
identifies ‘‘healthy’’ as an example of such a pros hen equivocal:
unrelated, sheerly different from one another). One ‘‘Thus ... the term ‘‘healthy’’ always relates to health (either as
of AristotleÕs14 most central examples is precisely the preserving it or as producing it or as indicating it or as receptive of
term ‘‘Being’’: ‘‘there are many senses in which a thing it ....’’ (1003b2–4; cf. 1060b37–1061a7). As he elaborates in The
is said to ‘be,Õ but all that ‘isÕ is related to [pros hen] one Topics, ‘‘... ‘healthyÕ means ‘producing healthÕ and ‘preserving
central point, one definite kind of thing, and is not healthÕ and ‘denoting health,Õ ... (I.xv, 106b35–37: 1960, 315).
Following AquinasÕ example of the pros hen equivocal (Summa
said to ‘beÕ by a mere ambiguity’’ (Metaphysics Theologiae 1A. 13, 5 (T. Aquinas. Summa Theologiae, Vol. 1: The
Existence of God: Part One: Questions 1–13, p. 208. Image Books,
Garden City, NY, 1969), a particular diet may be said to be
healthy(1) – and good kidney functioning may also be said to be
healthy(2): but the two terms do not have exactly the same meaning
12
See 509d–511e; cf. PlatoÕs Republic (1974). G.M.A. Grube, – i.e., they are not univocals. Rather, we mean that a particular diet
trans. Hackett, Indianapolis, 1974, ftn. 16, p. 164. contributes to the state of being healthy, while we further mean
13
Cf. W.T. Jones. A History of Western Philosophy, Vol. I. that good kidney function is a reflection of this state of being
2nd ed. In The Classical Mind, pp. 126–136. Brace & World Jones, healthy. But these are not pure equivocals either: rather, healthy(1)
New York, Harcourt, 1969. and healthy(2) derive their meaning through reference to or
14
Aristotle. Metaphysics I–IX (Vol. XVII, Aristotle in twenty- ‘‘towards one’’ (pros hen) the same ‘‘state of being healthy’’ as their
three volumes). H. Tredennick, trans. Cambridge, Mass: Harvard focal point.
16
University Press, 1968; Aristotle. Posterior Analytics, Topica. C. Ess. Analogy in the Critical Works: Kant’s Transcendental
H. Tredennick and E.S. Forster, trans. Harvard University Press, Philosophy as Analectical Thought. University Microfilms Interna-
Cambridge, Mass, 1960. tional, Ann Arbor, MI, 1983.
ET H I C A L PL U R A L I S M AND GL O B A L IN F O R M A T I O N ET H I C S

not equally known to all. (Summa Theologiae, 1–2, q. unchallenged, Confucians are often ready to accept
94, a. 4 responsio).17 a plurality of diverse or contradicting ethical
judgments’’.19 Indeed, ChanÕs description of how this
Judgment thus allows us to draw distinctively differ-
can occur closely parallels what we have seen in Plato,
ent ethical conclusions as we seek to apply shared
Aristotle, and Aquinas – i.e., the same ethical stan-
but general principles to the specifics of diverse con-
dard (in this case, ren) can be interpreted, applied, or
texts. Again, in contrast with simple but only
understood in more than one way. Moreover, for the
potential compatibility (Hinman) and connection by
Confucian, ‘‘If after careful and conscientious delib-
way of sheer identity (Rawls) – this form of pros
eration, two persons equipped with ren come up with
hen, interpretive pluralism, as inextricably tied to the
two different or contradictory judgments and courses
central facility of judgment, thus allows for a strong
of action, Confucians would tell us to respect both of
form of connection that preserves irreducible
the judgments’’ (2003, 137). This understanding of
differences.
possible diversity of judgments regarding the applica-
Indeed, it would appear that interpretive pluralism
tion/interpretation/application of the same ethical
and practical judgment are at the heart of Socratic
standard thus directly parallels the Platonic and
virtue ethics – and in a way of central importance for
Aristotelian notions of practical judgment, phronesis.
those of us engaged with the projects of Information
So we see here a ‘‘meta-pluralism’’ between these
Ethics. Plato uses the cybernetes – a steersman,
two traditions, i.e., precisely as both share an under-
helmsman, or pilot – as a primary exemplar or ana-
standing of the possibility of ethical pluralism
logue of the just human being and just rulers
within each tradition, as each recognizes the possi-
(Republic I, 332e–c; VI, 489c). The image of the cy-
bility of an interpretive pluralism that applies
bernetes is then taken up by Norbert Wiener as the
and interprets central ethical standards in different
root concept of ‘‘cybernetics’’ (1948). But PlatoÕs
ways.
description of the cybernetes in the Republic (360e–
Indeed, this pluralism between these two traditions
361a) underlines the central importance of practical
holds in still other central ways. Comparative phi-
wisdom or judgment as a primary capacity of the just
losopher Rolf Elberfeld points out that notions of
man, one that makes possible an ethical self-direction
harmony and resonance appear within Western tra-
and (in case of error) correction – not simply infor-
ditions, beginning with the Pythagoreans and
mational self-direction, as ‘cyberneticsÕ later came to
including SocratesÕ comments about music and edu-
mean.
cation in The Republic, 401d (cf. 443d) and in East
Asian traditions, including precisely the central
Ethical pluralism East Confucian notion of harmony [ = he].20 Both
traditions exploit the distinctive features of a musical
Finally, this turn to ancient Western models of a harmony or chord: each note in the chord remains
highly robust, cybernetic pluralism offers a distinctive irreducibly different from one another, while each
advantage in the project of discerning and developing together further constitute a distinctive unity. As
a global Information Ethics: these models of plural- PlatoÕs Socrates in the Republic defines justice for
ism – and allied notions of harmony and judgment – both the City and the psyche in terms of harmony
are strikingly similar to those found in at least one among its constituent elements, a harmony that
major Eastern philosophical tradition, namely, requires the proper music to attune the psyche as part
Confucian thought. of its education (e.g., 398d–403a, 548b–c, 549b) – so
To begin with, Joseph Chan points out that music and harmony, Elberfeld points out, are central
‘‘Insofar as the framework of ren [authoritative to education in China, as first traced out in the Liji
humanity or co-humanity)]18 and rites remains (Book of Rites – 3rd ct. B.C.E.). Harmony [ , he] or
resonance [ganying], as incorporated in education, are

19
J. Chan. Confucian Attitudes towards Ethical Pluralism. In
Richard Madsen and Tracy B. Strong, editors, The Many and the
17
Cited in J.H. Haldane. Natural Law and Ethical Pluralism. One: Religious and Secular Perspectives on Ethical Pluralism in the
In R. Madsen and T.B. Strong, editors, In The Many and the One: Modern World, pp. 129–153. Princeton University Press, Princeton,
Religious and Secular Perspectives on Ethical Pluralism in the 2003.
20
Modern World, pp. 89–114, 91. Princeton University Press, R. Elberfeld. Resonanz als Grundmotiv ostasiatischer Ethik
Princeton, 2003. [Resonance as a Fundamental Motif of East Asian Ethics]. In
18
R. Ames and H. Rosemont. The Analects of Confucius: A R. Elberfeld and G. Wohlfart, editors, Komparative Ethik: Das gute
Philosophical Translation, p. 30. Ballantine Books, New York, Leben zwischen den Kulturen [Comparative Ethics: The Good Life
1998. between Cultures], pp. 131–141. Edition Chora, Cologne.
CH A R L E S E S S

a central means of perfecting – understood precisely structures of ethical pluralism at work in each. In a
as harmonizing – the proper relationships first of all self-reflexive way, then, these shared notions of har-
between human beings. Ideally, such harmony will mony and resonance suggest that we can meaning-
then further extend between human beings and the fully speak of the harmonies and resonances between
social order, and, finally, between earth and TÕian (the these traditions as well: what is meant by ‘‘harmony’’
encompassing order of things). Harmony [ , he] or ‘‘resonance’’ here is a structure of interpretive
among these multiple spheres is the fundamental pluralism that weaves together these irreducible dif-
feature and goal of classical Confucian ethics – what ferences through a shared focal point, in relationships
Elberfeld calls a ‘‘Resonance Ethics’’ [Resonanz-Ethik].21 of harmony, resonance, complementarity – but not
These metaphors of resonance and harmony clearly identity.
stand as structures of pluralism: they explicitly entail To sum up: such interpretive pluralism offers two
structures of connection alongside/in the face of distinctive strengths over other forms of pluralism.
irreducible difference. Specifically, the Chinese term One, as it moves beyond minimal compatibility and
ying (resonance) means precisely ‘‘a conjunction an insistence on connection by way of identity by
[Zugleich] of unity [Vereinigung] and division developing instead relationships of complementarity,
[Trennung]’’ (2003, 132). resonance, and harmony that preserve the irreducible
Finally, Elberfeld points out that these notions and differences defining the Other as Other – interpretive
models of ethical goals are important not only pluralism prima facie offers greater ability to incor-
in Confucian thought, but also in Daoism and porate radical difference. Two, as allied in Western
Buddhism – for example, as they are taken up in East- traditions (specifically Plato and the Pythagoreans)
Asian Buddhist understandings of Enlightenment as with notions of harmony, interpretive pluralism
‘‘awakening’’ (2002, 137f.). And in contemporary immediately resonates with similar Confucian (and,
philosophy, no less a central figure than Nishida indeed, Daoist and Buddhist) emphases on harmony
Kitaro takes up the Japanese version of resonance (he) in the human (and larger) community. This res-
[hankyo] as key to our knowing one another as onance between ancient Western and Eastern tradi-
human beings. For Nishida, such resonance is again tions (especially as further expanded in Part II),
a pluralistic structure of connection that nonethe- I suggest, provides a central bridge between the two,
less preserves the irreducible differences essential one that may be especially fruitful for a global
to preserving individual identities, one from Information Ethics that seeks to ‘‘work’’ in both
another.22 Western and Eastern contexts.
In both Western and Eastern traditions, then, these So much for theory. Can such an interpretive
notions of harmony and resonance serve as meta- pluralism work in praxis?
phors and analogues to the notions of ethical plu-
ralism, that is, precisely as structures of unitary foci
that include diverse, even contradictory, interpreta- Pluralism in praxis, theory, and praxis
tions. These shared understandings of notions of
harmony and resonance thus constitute an interpre- I begin here with three examples of interpretive
tive, pros hen pluralism between the two: both tradi- pluralism that have emerged in Western countries. I
tions, in ways that retain their irreducible differences then address the larger divide between Western and
from one another, at the same time share a focus on Eastern cultures. Here, alongside well-known com-
notions of harmony or resonance as analogues for the monalities and resonances established in compara-
tive philosophy between Confucian ethics, on the
one hand, and Aristotelian and feminist virtue
21
Elberfeld (2002, pp. 132–137). ethics and ethics of care, on the other – I will
22
Elberfeld translates extensively from NishidaÕs early work I further highlight some of the striking contrasts
and You (1930), which takes up the question, How do we know the between philosophical assumptions concerning
Other as absolute Other? In part, Nishida replies, ‘‘Through the human nature and the human person, especially with
resonance [hanky o] of my personal behavior [with you] I can know
you, and you can know me through the resonance of your personal
regard to the central issue of privacy. In the face of
behavior [with me].’’ This resonance, Nishida makes clear, is not a these irreducible differences, however, I finally argue
simple identity or unification, but rather preserves the absolute dif- that the conceptions of privacy and data privacy
ference between one consciousness and another, so that ‘‘The mutual protection laws emerging in such countries as
[gegenseitige] relationship of absolute opposites [Entgegengesetzter] China, Hong Kong, Thailand, and Japan nonethe-
is a resonant [hanky o] meeting or response. ... Here we encounter a
unity of I and You and at the same time a real contradiction.’’
less cohere and resonate with Western notions of
(Nishida Kitaro Zensh u 1988ff., Vol. 6, 391f., cited in Elberfeld, 2002, privacy and data privacy protections – and in ways
138f. Translation from German to English by CE.) that compose a robust, pros hen pluralism.
ET H I C A L PL U R A L I S M AND GL O B A L IN F O R M A T I O N ET H I C S

Interpretive/focal (pros hen) pluralism and Habermasian discourse ethics), French moralism
in Western ethics (represented by Montaigne and Ricouer), and
Anglo-American utilitarianism and pragmatism. 27
Informed consent and Internet Research Ethics Stahl accomplishes this in part by developing a strong
In developing a set of ethical guidelines for online complementarity between these traditions – specifi-
research,23 we confronted a stubborn difference cally, one that conjoins the emphasis in deontological
between the United States and Norway concerning approaches on rights, duties, obligations, etc., with
the necessity (or lack thereof) for informed consent more consequentialist and French moralist foci on the
when recording (e.g., audio and/or video) in public telos of preserving social order and peace. Moreover,
spaces. In the U.S., because there are apparently no Stahl incorporates the procedural approach of critical
expectations of privacy in public spaces, no informed theory and discourse ethics in his account of respon-
consent for such recordings are required.24 In sibility, issuing in a focal or pros hen pluralism: the
Norway, by contrast, informed consent for such formalistic procedures of discourse ethics facilitates
recordings is in fact required – precisely because precisely the development of diverse understandings,
people do not expect such recordings without interpretations, and applications of a shared (focal)
consent.25 But, while expectations regarding privacy notion of responsibility.28
differ between the U.S. and Norway – there appears
agreement here that these expectations are nonetheless
a primary starting point for ethical judgments as to Terrell Ward Bynum
when informed consent is required. In Aristotelian Similarly, Terrell Ward Bynum has argued that in
terms, expectations form the focal point for ethical these fields there is a convergence in the work of
judgments – but these ethical judgments may differ Norbert Wiener and Luciano Floridi – one oriented
considerably, precisely as these judgments begin with towards the central values of: contributing to human
distinctively different expectations that reflect impor- flourishing; advancing and defending human values
tant differences between these two cultural settings.26 (life, health, freedom, knowledge, happiness); and
fulfilling ‘‘the great principles of justice’’ drawn from
Bernd Carsten Stahl Western philosophical and religious traditions.
Bernd Carsten StahlÕs notion of reflexive responsi- Bynum further sees agreement on these central values
bility seeks to bridge the ethical traditions of German in the work of such computer ethics pioneers as
deontologies (including Kantian rational autonomy Deborah Johnson, Philip Brey, James Moor, Helen
Nissenbaum, and my own emphasis on using com-
puter-mediated communication (CMC) technologies
23
C. Ess and the AoIR ethics working group. Ethical decision- in ways that preserve ‘‘thick’’ or local cultures.29 This
making and Internet research: Recommendations from the aoir ethics
convergence thus stands as a pros hen pluralism, as
working committee. Available online: www.aoir.org/reports/
ethics.pdf. The Cathedral or the Bazaar? The AoIR Document on these divergent approaches nonetheless take up
Internet Research Ethics as an Exercise in Open Source Ethics. In human flourishing, etc., as their shared focal points.30
M. Consolvo, editor, Internet Research Annual Volume 1: Selected However clearly and broadly such pluralism is at
Papers from the Association of Internet Researchers Conferences work in Western information ethics – the critical
2000–2002, pp. 95–103. Peter Lang, New York, 2003.
24
J. Walther. Research Ethics in Internet-Enabled Research:
question is whether structures of pluralism may emerge
Human Subjects Issues and Methodological Myopia. Ethics and between Western and Eastern cultures and traditions.
Information Technology, 4(3). Available online: <http://
www.nyu.edu/projects/nissenbaum/ethics_walther.html.
25
D. Elgesem. What is Special About the Ethical Issues in Footnote 26 continued
Online Research? Ethics and Information Technology, 4(3): 195– across the European Union (see <www.respectproject.org>). As
203. Available online: <http://www.nyu.edu/projects/nissenbaum/ well, Paul Reidenberg discerns such a pluralism between E.U. and
ethics_elgesem.html. U.S. approaches to data privacy protection, as these approaches
26
A similar pluralism can be seen between U.S. and Norwe- reflect diverse ways of implementing shared ‘‘First Principles’’ of
gian requirements for protecting confidentiality and anonymity of Data Protection (J.R. Reidenberg. Resolving Conflicting Interna-
research subjects. Both focus on these basic requirements of tional Data Privacy Rules in Cyberspace. Stanford Law Review, 52:
Human Subjects protections in research – but the U.S. requires 1315–1376, 1331f, 2000).
27
such protections only for the individual subject, while Norwegian B.C. Stahl. Responsible Management of Information Systems.
research ethics requires such protections for both the individual Idea Group Publishing, Hershey, Pennsylvania, 2004.
28
and his/her close web of relations (NESH (National Committee for See especially: Stahl (2004, 153–215).
29
Research Ethics in the Social sciences and the Humanities). C. Ess. What is Information Ethics? <http://www.drury.
Guidelines for Research Ethics in the Social Sciences, Law and the edu/ess/CAP04/cap04infoethics.html>, 2005b.
30
Humanities. <http://www.etikkom.no/NESH/guidelines.htm>, IÕm very grateful indeed to Terry Bynum for confirming this
2001, para. 40). Additional pluralistic structures can be seen in the account of his work: personal email to the author, 27 September,
RESPECT projectÕs ethical guidelines for socio-economic research 2005.
CH A R L E S E S S

East–West approaches to information ethics fiduciary responsibility to a community that begins in


family and finally encompasses the world.35
Confucius and Aristotle as foundations for East–West
Irreducible differences: The matter of ‘‘privacy’’
information ethics
Alongside these striking resonances, however, run a
The beginnings of a global but pluralistic information
number of central, irreducible differences. To begin
ethics can be seen in the resonances and irreducible
with, what may be characterized as a more collective
differences between conceptions of human nature and
understanding of the human being in Confucian
correlative aims of ethics and politics in Aristotle and
thought generally and in China in particular contrasts
Confucius.31
sharply with modern Western understandings of the
To begin with, Aristotle and Confucius charac-
individual – first of all, as an atomistic reality, one
terize human beings as intrinsically interconnected
possessed of the rational capacity for self-rule or
with one another in the human (and larger) com-
autonomy (so Kant). This modern Western under-
munity. Aristotle famously states: ‘‘man is by nature
standing of the primary reality of the autonomous
a political animal,’’ so that ‘‘... he who is unable to
self-conflicts even more dramatically with traditional
live in society, or who has no need because he is
Buddhist conceptions. Buddhism begins instead with
sufficient for himself, must be either a beast or a
the insistence that the ego is pernicious illusion: the
god: he is no part of a state’’ (Politics 1943 54f./
ego-illusion is the source of our dissatisfaction and
1253a). Similarly, for Confucius, ‘‘Persons are not
suffering as human beings – and so, if we seek gen-
perceived as superordinated individuals – as agents
uine contentment, we will achieve it only through the
who stand independent of their actions – but are
denial of self (musi or ‘‘no-self’’ in Japanese).36
rather ongoing ‘eventsÕ defined functionally by con-
As a result, in those cultures shaped by Confucian
stitutive roles and relationships as they are per-
and Buddhist traditions – including Japan, China,
formed within the context of their specific families
Thailand, Korea, and Hong Kong – historical con-
and communities ...’’.32 Confucius thus directly
ceptions of ‘‘privacy’’ have sharply contrasted with
anticipates Aristotle: ‘‘...one cannot become a per-
those developed in the modern West around the
son by oneself – we are, from our inchoate begin-
notion of the autonomous but atomistic self.37
nings, irreducibly social’’.33
Confucius likewise anticipates Aristotle in his
ethics and politics as they emphasize harmony ( /
he) in the community, beginning with the family.34 35
W.-M. Tu. Humanity as embodied love: Exploring filial piety
In particular, the Harvard neo-Confucian scholar as a global ethical perspective. In M. Zlomislic and D. Goicoechea,
Tu Wei-Ming points to a number of resonances editors, Jen Agape Tao with Tu Wei-Ming, pp. 28–37, p. 35. Institute
of Global Cultural Studies, Binghampton, NY, 1999.
between Confucian ethics, AristotleÕs virtue ethics, 36
See M. Nakada and T. Takanori. Japanese Conceptions of
and contemporary feminist and environmental ethics. Privacy: An Intercultural Perspective. Ethics and Information
Simply put: like a Western ethics of care that links Technology, 7(1: March): 27–36, 2005; R. Capurro. Privacy: An
both the human and ecological communities, a Intercultural Perspective. Ethics and Information Technology, 7(1:
Confucian ethos emphasizes the virtues of fidelity and March): 37–47, 2005; C. Ess. ‘‘Lost in Translation’’?: Intercultural
Dialogues on Privacy and Information Ethics (Introduction to
special issue on Privacy and Data Privacy Protection in Asia).
Ethics and Information Technology, 7(1: March): 1–6, 2005c.
37
These modern Western conceptions are indeed modern – i.e.,
historically connected not simply with Lockean and Kantian ideals
31
C. Ess. Beyond Contemptus Mundi and Cartesian Dualism: and the Enlightenment, but further with industrialization, as
Western Resurrection of the Bodysubject and (re)new(ed) Coher- increasing wealth makes individual physical space – and thus
encies with Eastern Approaches to Life/Death. In G. Wohlfart, individual privacy – possible (cf. L. Floridi. Four Challenges for a
H.-G. Moeller, editors, Philosophie des Todes: Death philosophy East Theory of Informational Privacy. In C. Ess and M. Thorseth,
and West, pp. 15–36. Chora Verlag, Munich; C. Ess. Moral Imper- editors, Global Information Ethics: Cross-cultural Approaches to
atives for Life in an Intercultural Global Village. In R. Cavalier, Emancipation, Privacy and Regulation, special issue of Ethics and
editor, The Internet and Our Moral Lives, pp. 161–193. State Uni- Information Technology, forthcoming). In this light, the emergence
versity of New York Press, Albany, New York, 2004b; C. Ess. Can of positive, Western-like notions of individual privacy in China,
the Local Reshape the Global? Ethical Imperatives for Humane Japan, Thailand, and Korea over the past three decades parallels
Intercultural Communication Online. In J. Frühbauer, R. Capurro the history of individual privacy in the West. In particular,
and T. Hausmanninger, editors, Localizing the Internet. Ethical increasing material wealth and the creation of personal space now
Aspects in An Intercultural Perspective (Volume 4, ICIE Series), 2005a. allows young people in these countries to increasingly insist on
32
Ames and Rosemont (1998, 29). personal and individual privacy, in ways that are alien (not to
33
Ames and Rosemont (1998, 48). mention baffling and frustrating) to their parents and their parentsÕ
34
Ames and Rosemont (1998, 30), My thanks to Profs. Zhang generation (e.g., Lin, Pei-Chun and Caroline Henkes. Privacy Re-
Ning and Nakada Makoto for their help with the Chinese search: Privacy Sense in China, Hong Kong and Taiwan. Unpub-
characters at work here. lished MS: Universität Trier, 2004; Lü yao-huai.
ET H I C A L PL U R A L I S M AND GL O B A L IN F O R M A T I O N ET H I C S

As Deborah Johnson 38 points out, U.S. justifica- collectively, along with long practice of strong gov-
tions for privacy begin with some sense of privacy as ernmental control – individual ‘‘privacy’’ held only
an intrinsic good – i.e., a good in itself that needs no negative connotations, i.e., of a ‘‘shameful secret’’ or
further justification. But privacy further serves as an ‘‘hidden, bad things’’.42
instrumental good directly tied to the primary reality Hence, the resonances we have seen between
of the autonomous self: privacy is important as a Aristotelian virtue ethics and contemporary feminist
means to develop a sense of self and personal ethics of care, on the one hand, and Confucian ethics
autonomy first of all – along with the intimate rela- on the other, thus run alongside very deep differences
tionships, and other capacities and abilities important between especially modern Western conceptions of
to this singular autonomy. Thereby, privacy funds the the autonomous but atomistic individual as a primary
basic elements required for participating in a reality, along with highly positive valuations of
democratic society – i.e., personal autonomy/freedom individual privacy, and historical Confucian and
and then the capacity for dialogue, debate, etc. Buddhist conceptions of the self as relational, if not
By contrast, earlier understandings of ‘privacyÕ in illusory, along with only negative valuations of
Thailand, for example, i.e., prior to the influence of individual privacy.
Western ideas in the 19th century, were negative –
involving shame, disrespect, or losing face.39 In fact, Privacy in U.S./Germany/Hong Kong/China –
in the Thai example, where something like ‘‘privacy’’ The emergence of a pros hen equivocal
held a positive value – it was the collective privacy of In the face of these irreducible differences between
the family, not the individual, vis-à-vis the larger Eastern and Western conceptions of the individual
society.40 Similarly, especially JapanÕs Pure Land and privacy, it is all the more striking to observe a
(Jodo-shinsyu) Buddhist tradition has taken the pros hen pluralism nonetheless emerging in praxis
emphasis on Musi, ‘‘no-self,’’ to justify the practice of between Eastern and Western conceptions of privacy.
what from a modern Western perspective amounts to To take another Western example: German ratio-
intentionally violating oneÕs ‘privacyÕ: in order to nale for privacy begins with privacy as a basic right of
purify and thus eliminate oneÕs ‘‘private mind’’ – an autonomous person qua citizen in a democratic
thereby achieving Musi, ‘‘no-self’’ – one should vol- society. Moreover, privacy is instrumental in the
untarily share oneÕs most intimate and shameful protection of private autonomy, the freedom to
secrets.41 express oneÕs opinion, the ‘‘right to personality’’
By the same token, finally, this negative posture in (Persönlichkeitsrecht), and the freedom to express
Buddhism towards the individual and individual oneÕs will. Finally, privacy protection – specifically,
privacy has its correlate in China, where historically – data privacy protection – is seen as a means necessary
both because of a long (especially Confucian) tradi- for the development of e-commerce.43
tion of emphasizing the good of the larger society By contrast, emerging conceptions of privacy and
data privacy protections in Hong Kong and China
Footnote 37 continued are not justified in terms of the rights of autonomous
Privacy and Data Privacy Issues in Contemporary China. Ethics citizens of democratic societies. But the rationale here
and Information Technology, 7 (1: March): 7–15). Moreover, Soraj
Hongladarom observes that these contrasts between Western and
overlaps with the German justification of information
especially Buddhist views run alongside important similarities. privacy as critical for electronic commerce. So Tang
Buddhism certainly has important understandings of the individ- points out that the rights to data privacy in Hong
ual, first of all, as the entity responsible for his/her Enlightenment – Kong are necessary means for developing and
and Western thought, as exemplified in Aristotle, has communi- expanding e-commerce.44 By the same token, along-
tarian elements as well (S. Hongladarom, Analysis and Justification
of Privacy from a Buddhist Perspective. In S. Hongladarom and
side the emergence of more positive conceptions of
C. Ess, editors, Information Technology Ethics: Cultural Perspec- privacy in China, Chinese citizens enjoy some rights
tives. Idea Publishing, Hershey, PA, forthcoming). HongladaromÕs to data privacy protection – if comparatively limited
analysis of these coherencies thus provides a further example – but
from an explicitly Buddhist perspective – of resonance or harmony
42
between East and West. Lü (2005).
38 43
D. Johnson. Computer Ethics, 3rd. ed. Prentice-Hall, Upper J. Bizer. Grundrechte im Netz: Von der freien
Saddle River, New Jersey, 2001. Meinungsäußerung bis zum Recht auf Eigentum. In C. Schulzki-
39
K. Kitiyadisai. Privacy Rights and Protection: Foreign Haddouti (Hrsg.), Bürgerrechte im Netz, pp. 21–29. Bonn:
Values in Modern Thai Context. Ethics and Information Technol- Bundeszentrale für politische Bildung. Available online: <http://
ogy, 7(1: March): 17–26, 2005. www.bpb.de/publikationen/UZX6DW,0,B%fcrgerrechte_im_Netz.
40
P. Ramasoota. Privacy: A Philosophical Sketch and a html>, 2003).
44
Search for a Thai Perception. MANUSYA: Journal of Humanities, R. Tang. Approaches to Privacy – The Hong Kong Experi-
4(2: September): 89–107, 97f, 100f 2001. ence. <http://www.pco.org.hk/english/infocentre/speech_20020222.
41
Nakada and Tamura (2005). html>, 2002.
CH A R L E S E S S

as compared to those expected and enforced in many required by an interconnected and interdependent
Western countries. While there is emerging in China a global society.
more positive conception of privacy – the rationale While all such cultural and ethical conflicts will
for data privacy protection is primarily as a means by no means be easily resolved in pluralistic fashion,
towards commerce and business efficiency.45 these central examples suggest the fruitfulness of
This matrix of privacy expectations and data attempting to construct a global intercultural infor-
privacy protection laws thus marks out a pros hen mation ethics that includes pluralistic approaches. In
pluralism that holds together privacy as a shared this light, I suggest we take inspiration first from
value alongside its different manifestations in diverse PlatoÕs cybernetes – attempting what we can and
cultural settings. Beyond the interest in some form of hoping that, should we also happen to trip (as we
privacy for the sake of e-commerce as a shared surely will), we may be equal to correcting our
(identical) point of agreement between specifically errors.
Germany, Hong Kong, and China – ‘‘privacy’’ (and We may also take inspiration from Master Kong:
with it, data privacy protection) is understood and
Zilu spent the night at the Stone Gate. The
applied in ways that reflect the deep and irreducible
morning gatekeeper asked him, ‘‘Where are you
differences between Western and Eastern cultures. In
from?’’ ‘‘From the residence of Confucius,’’ replied
the case of China (and in Thailand),46 individual
Zilu. ‘‘IsnÕt he the one who keeps trying although
privacy remains strongly limited by the interests of
he knows that it is no use?’’ asked the gatekeeper?
the State, and in this sense, ‘‘privacy’’ remains a more
(Analects 14:38)
collective rather than individual good. By contrast,
U.S. and German understandings of privacy and
privacy rights remain thoroughly rooted in clearly
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