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Philosophical Investigations 34:2 April 2011
ISSN 0190-0536
© 2011 Blackwell Publishing Ltd., 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148,
USA.
John Rist 215
of this philosophical journey is found in Kant for whom, instead of any
ultimately arbitrary decree of God, we ourselves, as rational agents, discern
the dictates of right reason and will that they apply to the whole of
humanity, not least to ourselves.We thus occupy the place once held by (a
voluntarist) God, with the improvement that our claims about obligation
are accessible and intelligible to all rational agents and are thus genuinely
moral.
Thus far a little philosophical history; now let me turn to the more
recent intellectual and social landscape where it is still often strenuously
urged from both within and beyond philosophy strictly so-called – and
famously, from very different standpoints, by both Nietzsche and Dos-
toievski – that without religious justification no moral claims, least of all
claims about moral obligation, are defensible. That might seem puzzling
since all sorts of apparently moral claims are made by people who claim
to have no religious beliefs. This potential puzzle needs to be separated
from the unthinking, but much repeated, observation that there are many
good people who have no religious beliefs and many bad people who
have. That thrust is less than devastating if we keep in mind that actions
may be a good deal better (or worse) than warranted by the various
justifications of behaviour that people (or others on their behalf ) may
offer from time to time. In any case, the question about the relationship
between religion and morality is not whether religious people (or some of
them) are (or should be) expected to be particularly moral, but whether
a non-religious defence of morality is possible. The answer to that, as I
have already implied, must depend in the first instance on what is to be
understood by words like “ethics,” “morality” and “moral obligation.” My
position on moral obligation will be basically that of Augustine, seen
not as a “voluntarist” (as historically he was often misread) but as having
reconstructed some insights of Plato about the metaphysics of morals –
and that not only because Augustine is a powerful thinker, well versed in
specifically Christian as well as much “pagan” morality, but because I
believe that the roughly Catholic form of Christianity he represents
provides the most coherent theistic system available.This claim entails that
if someone can convince me that his position is radically flawed, I have to
conclude that other currently available theistic alternatives – and hence
statements about the necessary relationship between religion and moral
obligation – are also indefensible.
I can assume that morality is concerned with what is good or with
what is good to do or with what we ought to do because it is “right” to
do it, or with all of these. There again, any interpretation of the implica-
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216 Philosophical Investigations
tions of such positions will depend on how “good” and “right” are
understood. Above all, it will depend on whether they are intended to
found claims in positive law or in some version of natural law: that is,
whether the first principles of obligation are to be discovered in the nature
of things – but perhaps only with reference to a transcendent or non-
natural factor – or whether they are the inventions of man – invented for
whatever reasons, good or bad.
Invented “moralities” will be either self-serving or group serving: that
is, they will claim to serve the interests either of an individual, or of a
group of individuals, or of the whole human race, including future
generations.They may envisage the preservation, more or less, of the social
status quo (as “social glue”), or of one’s own life, or of the greatest good
of the greatest number, or of human “rights” (whatever they may be held
from time to time to be). When we identify such goals as good and
desirable, we imply – perhaps problematically – that we ought to pursue
them (and perhaps ought to enforce them) wherever possible. So the
philosopher will ask for the grounds on which we have made our
decisions and assertions, and enquire how we justify the order of priorities
we have set among the various goods we have adopted. If we think, for
example, that all have a right to good health and that the establishment of
a health-care system is good for some group or other, we have “previ-
ously” determined that the preservation of human life itself (or at least of
some manifestations of human life) is a good, indeed a logically prior
good.
Next we shall need to ask whether in our “moral” determinations we
have been setting ourselves merely to determine priorities among desir-
able goals – as well as the means to secure those goals – or whether we
can justify the goals themselves as well as the means and priorities with
which we are “morally” concerned. And if our minds are not – as
instruments – merely the slaves of our passions and can be deployed to
determine or identify what our purposes are or should be and in what
logical and moral order of priority they should be pursued (presumably
taking our desires into account in such calculations – normally we do want
to remain alive), we have to ask whether our minds are capable (or capable
enough) of determining what is “right” or “good” or good for us and
what, if anything, it follows that we should do about our findings.And first
we shall have also to ask whether we really mean “determining” – or
whether it is a matter of “discovering” (so well as we can).The answer to
that will depend on the kind of beings we are and the nature of the
universe we inhabit, and that is where the relationship between religion
© 2011 Blackwell Publishing Ltd.
John Rist 217
and morality may come in – although not necessarily: if morality can be
determined apart from religion, we shall have to explain where moral
obligation – rather than personal or group convenience (real or imagined)
– is to be anchored, or more precisely, why any apparently moral obligation
can be explained in terms of such mere convenience. On the other hand,
if morality is to depend on religious truth or truths, we must explain how
we are able to discover such truths and why we have good reason to
believe that we have discovered them (or discovered them sufficiently).
Let us think a little more about determining. In the fifth century B.C.,
Protagoras promoted the idea of inventing morality – albeit his axiom
“Man is the measure of all things” is (and was seen to be, and perhaps was
intended to be) ambiguous. It could mean that each of us is the moral
measure, or that some of us are from time to time, or that all of us are (at
least in theory). Plato, who argued against Protagoras’s view, seems to have
assumed (perhaps rightly) that the ambiguity is rather unimportant: Pro-
tagoras’s opinion comes down to the claim that each of us is the moral
measure, and perhaps implicit is the further claim that if all of us thought
about it seriously, we all would agree on what that measure is. For Plato
and Protagoras did agree (like every other ancient moralist) that we all are
seeking “happiness” – which might or normally might mean not merely
pleasure or contentment but “flourishing”: we all want to do well (what-
ever that may mean). So although Plato disagreed with Protagoras’s claim
that man is the moral measure – arguing (specifically in the Laws) that
God (or the gods) is (are) the moral measure – he agreed that doing the
“right” thing would be doing what will make us “happy.” More recently,
however, it has been argued not just that the relationship between “hap-
piness” and doing what is right is problematic but that morality is not to
be connected with “flourishing” in this or any significant sense. That,
however, may be dependent on slipping into the account of morality
undefended and unjustifiable quasi-religious presuppositions; we will leave
it aside for the time being.
Returning to Protagoras (and his more recent followers): we seem to be
left with various options if we want to answer the question of how a man
(or men) may exercise his capacity as measure. Either (implausibly) we
follow our passions blindly, or we try to prioritise them, or we simply try
to find “the” rational course. But if we choose either of the latter options,
we are prone to assume that given the right circumstances there really is
a rational (or more rational) course to pursue and that everyone can
recognise that course as more rational – and we further assume that we
“ought” to follow that course if (and since) we want to be rational. Thus,
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218 Philosophical Investigations
we are inclined, if we go down that road, to neglect the question as to
whether it is logically incumbent on us (hence that we “ought”) to follow
what appears to be simply the rational course even if we can discover
what it is. Hence have arisen the various thought-experiments (wholly
detached from actual life) about what we would do behind a “veil of
ignorance” or in a “state of nature.” However, in engaging in such
experiments, we make a monstrous and unjustified assumption: namely
that we are a-historical beings and that thus we ever could enjoy such an
option and so logically derive our behaviour from it. Further, the error of
that sort of thinking reveals the deeper error that by an act of reason we
can “correct” the morally relevant historical circumstances in which we
find ourselves – and thus reduce ourselves experientially to homogeneous,
a-historical entities. For, although as human we are similarly moral beings,
we are born into very different moral circumstances. It is an unavoidable
inference from the unique character both of our genetic history and of
our moral nurture that we face very different moral tasks, and who is to
know how well or ill we variously succeed in performing them?
We have apparently reached the position in which we are able to say
that if Protagoras is right, morality is either some form of convention or
conventions – which differ according to historical circumstances – or that
the rational course is the moral course, and thus “ought” to be pursued;
if, that is, in our individual historical times and places, we are able to
determine what it is. Undoubtedly Kant was the philosopher who made
the most determined effort to pursue a version of Protagoras’s approach
without reducing morality to convention, although in this regard his more
recent “constructivist” descendents, lacking his residual theism, have been
less successful: they tacitly accept some of his unjustified (although not
necessarily untrue) premises about the worth of human beings while
adding others drawn from similarly unjustified assumptions of contempo-
rary culture. Their position is the more exposed in that they abandon
Kant’s resort to the Cartesian-sounding claim that our real nature is part
of a specifically designated “noumenal” realm, as well as his assertion that
God can eventually be invoked to resolve the tension between duty and
happiness.
Among Kant’s less well-defended premises is that persons have equal
“value” and that this entails that they have some sort of right all to be
treated equally – not to speak of his identification of what he understands
as a “rational” decision (even if that be regularly, indeed universally,
possible) as at the same time an indication of what we “ought” to do. For
although Kant argues that we can legislate for how it is right for humanity
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John Rist 219
to act, he fails to show – since he believes that “ought” entails “can” – how
that “ought” is absolute unless it is true (inter alia) that all persons are
equally worthy and exist in similar moral space.That would be true (in his
view) if we were all capable of an equal “rationality,” but there is no reason
to believe that that is the case. Of course, to deny Kant’s claim that we are
all equally “rational” and therefore equally valuable is not to deny that we
are all equally valuable, only that if that is to be so, there must be another
explanation for it. And there remains the further option: that we are all
equal in value in being of no value at all.
A better version of Protagoras’s claim – and probably what he intended
– is that morality is not just rationality, but that it is conventional. That
implies that (Kantians aside) many contemporary ethical schemes would be
Protagorean. Such would be all forms of contractarianism, whether Hob-
besian or Rawlsian. All would depend on what we ourselves accept to be
“right,” such rightness depending (for example) on whether they are
deemed to promote the greatest good or safety of the greatest number, with
ourselves to determine what that greatest good happens to be.Yet all such
schemes find it impossible to account for why we ought to act rationally
(rather than why such actions might make a certain sense, or feel right, or
consoling or self-flattering, or whatever) or why we ought to promote the
greatest good of the greatest number – or indeed why we ought to do
anything at all: as distinct, that is, from claims that such and such a “moral”
scheme will benefit us most, be the more likely to preserve our lives in a
relatively happy condition, etc. Bentham seems to have said – the remark is
at least ben trovato – that he just liked doing good; others did not.
Of course, there are quite other varieties of “ethical” proposals too,
most of which may be dubbed ideological, as depending on claims that we
should (or ought to) do what the march of history, or progress, or
evolution “teaches” that we ought to do. (Perhaps we shall have to do so
anyway in some sort of determinist fashion, like dogs dragged along
behind the Stoic cart, all good compatibilists and “free” to follow our
destiny.) I leave such schemes aside, merely noting that they are all in
effect non-providential variations on Stoic or near-Stoic naturalism, to
which I shall eventually return. They have the advantage of identifying us
as animals rooted in history, but they invariably depend on some piece of
alleged (falsifiable) knowledge as to how the future will pan out and
therefore how we ought to “come to terms” with it or indeed also actively
promote it.
All such man-made “Protagorean” constructions have similar disadvan-
tages: firstly they offer no defence against nihilism in some form or another,
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220 Philosophical Investigations
whether the nihilist claims that all morality is “hidden” power-seeking that
can be exposed by the Nietzschean genealogist, or whether he merely
objects that he has no overriding reason to accept it. Perhaps he will cite
“carpe diem”: short-term advantages and pleasures are as attractive as
something more distant; we may just prefer them. That move might be
supported by pointing out to the conventionalist (as also to the Kantian)
that we are not just “reasonable” creatures; we are more complex than that.
And there is a second major objection to “Protagorean” ideas: whatever law
may be made by one man (or one group) and claimed as moral can be
unmade by the next man (or group) under some similar pretext.
Thus, if all man-made morality is conventional, there is no binding
“moral” reason to accept any of it – even if there may be reasons of
self-interest and comfort that make it preferable to do so. Moralists (and
their followers among the public) seem – if unreasonably – to ask for more.
For example, they may want to say that the Holocaust was simply “wrong,”
not that we have decided or think it helpful, or comforting, or necessary to
call it wrong.Yet if for such people all law is positive law, they have no valid
reason to say anything is simply wrong – even if it is. And it would follow
that, unless an international positive law exists and is accepted as binding
(which in any case could be for “non-moral” reasons of convenience, etc.),
no one is to be condemned on “moral” grounds outside his own country.
So Goering and his fellow defendants at Nuremburg should have been
acquitted. They were condemned not because they offended against any
duly established “positive” law but because it was thought to be fitting to
convict them for what they had done. But if I say that, I need to show that
I am doing more than appealing to my (or someone’s) preference or
prejudice, or to undefended theses about a “morally significant” common
humanity.We seem to have hit a brick wall.We can of course execute them,
but we cannot claim any absolute right to do so – unless as followers of
Callicles in Plato’s Gorgias in holding that might makes right. But those
who condemned the Nazi leaders claimed to be doing much more than
exercising the strong man’s “right” to kill – it may be for some “reason” he
has lit upon or because he does not like jackboots.
As I have shown elsewhere1 and noted already, Plato had already
recognised our problem in the fourth century B.C. – and challenging
Protagoras argued that not man but god is the measure of all things. How
did he come to such a conclusion and why is the version he arrived at still
2. I owe this reference to Schneewind (1998, 203, 213) who, however, seems to underplay
its importance.
3. I leave aside the complex question of Augustine’s view of the nature of pagan “virtue,”
which for him strictly speaking is not virtue at all.
4. It is often argued that for Plato individuality is something to outgrow, a mark of inferior
representation of the class to which humans (and other items) belong. And in antiquity
Plotinus, by introducing Forms of individual men, seems to have recognised this problematic
feature of his master’s apparent position.Yet the Platonic Socrates, speaking of himself in the
Apology as sent providentially to the Athenians who needed to be woken up from their
ethical slumbers, seems to have supposed that each soul needs individual care (at least in the
present life).
5. See Rist (1998, 170–177). Some of this “Christianity” is doubtless mediated through
Crusius, more through Rousseau.
6. Anscombe (1958).
7. Note, for example, Pierre Bayle on King David in his Historical and Critical Dictionary
(1697); he dwells on the king’s lechery, treachery and terrorist tactics.
References