Tag Archives: liberty

Dialogue & Ethical Decision Making in a Pluralistic Society (Part 2)

Tom-of-the-coast-of-Maine-2This is the second part of a two part essay on issues related to dialogue and ethical decision making in a pluralistic society.  Part I made the point that in order for real dialogue to take place between parties, those parties must be able to communicate clearly, understand one another and at least agree on the existence of the first principles that ground their view of reality.  Dialogue between believers and nonbelievers in “god” is problematic because nonbelievers do not think that “god” is anything more than an idea that some people have and in that sense does not exist and cannot serve as a referent in an argument.  Part 1 concluded with the idea that, perhaps the use of a thought experiment, following the model of the philosopher John Rawls, could serve to circumvent the first principles problem between those who believe and those who do not and allow for a continuation of meaningful dialogue and ethical decision making in a pluralistic society.

A thought experiment is the use of  imagination to investigate the nature of things. In a thought experiment, a person visualizes a situation with specific conditions, carries out an operation within the visualization, notices what happens or is what most likely to happen and then draws a conclusion from which further extrapolations are possible. One of the most famous thought experiments of all time was performed by Einstein who used his imagination and  “pursued a beam of light” to the discovery of the theory of general relativity.  The History of Science is replete with examples of thought experiments.  Click here to see some amusing illustrations.

The late political philosopher John Rawls used the device of an extended thought experiment to develop a theory of the nature of justice that he thought could be assented to in a pluralistic society (or world) where differing languages, cultures, belief systems and values made consensus on first principles on which to ground social dialogue difficult, if not impossible, to achieve. 

Rawls proposed the following thought experiment:

Imagine a condition in which human beings were brought together under what he called a “veil of ignorance” and given the task of deciding what basic rules should govern human social interaction and institutions in order, following the thinking of John Locke, that as free agents we be able both to have liberty and live together in harmony.  The “veil of ignorance” he proposed was the hypothetical situation in which all parties knew that social and personal inequalities existed but not which individual people or groups were advantaged or disadvantaged; i.e., a state where we knew that some people would be smarter than others, have more money or other resources than others, be more attractive or stronger than others etc. etc. but NOT which one of us was the stronger or weaker, richer or poorer, healthier or unhealthier.  We would not even know if we were a believer or not.

Assuming our hypothetical group accepted the task of answering the question of how our life as human beings should be arranged, Rawls argues that the first thing the group would do is to decide how to deal with fact that the group knew some members were advantaged and some disadvantaged but not who was in which category.  He concludes that the first rule the group would establish is one that establishes that whatever rules they arrive at cannot disadvantage the least advantaged in the group. Rawls continues that the first rule this hypothetical group would establish was that any rule they created could not adversely impact the liberty of the least advantaged among them.  

Or as Rawls put it more formally:  

Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all.

Rawls calls this the first principle of justice.  A first principle arrived at in this way would be one that would be agreed to by both the believer and nonbeliever.  Under the “veil of ignorance” both believer and nonbeliever (since they did not who was who) would have to agree on a first principle which left either option (belief or non-belief) open and unconstrained.

Rawls moves on from the formation of this first principle to extrapolate a more elaborate theory of social justice in which the disadvantaged are always protected to one degree or another from being disadvantaged further by laws and social regulations. Space does not permit a full examination of Rawls and  his contractarian theory of justice. ( Click here for a summary of this 1971 publication.)  Suffice to say, that it is the use of a thought experiment and the “veil of ignorance” device that enables Rawls to circumvent the actual variations within the human family in reaching a formulation of a first principle that would likely be agreed upon by all members of the human family under the conditions of the experiment.  It is an also an ingenious way to get at a philosophical version of the Golden Rule.

While thought experiments and veils of ignorance may not be the route to the solution of all complex ethical discussions in which the parties have incompatible first principles, they do offer one avenue that could be explored much more widely in order to preserve pluralism (an thus liberty) in our society.  Imagine the thought experiment/veil of ignorance technique applied to a hot button issues like gay/lesbian marriage or stem cell research.

All this is of importance only if we are interested in preserving pluralism and the liberty that it implies.  Some may feel that it is their duty to work against pluralism and that humankind would be better off were there no difference of opinion on a topic like “god.”  Believers and nonbelievers may feel that the only proper course is to eradicate the view of the other through conversion or other means.  The historical record is filled with failed attempts to achieve social harmony by eradicating difference.  Tolerance and the nurture of what might be called “positive pluralism” with devices like thought experiments hold more promise for harmonious existence than social stalemates or the use force–social, intellectual or military–to build consensus.  Enforced consensus is an oxymoron of the first order.

In the end, the maintenance of a positive pluralism requires all parties to step back from their own position, at least momentarily, to find a common first principle from which to begin any discussion.  Believers, nonbelievers and agnostics may not always need to be at loggerheads when it comes to debating ethical issues.  Thought experiments are just one among a variety of methods but they worked well for Galileo, Einstein and John Rawls and have it all over war, genocide and social disintegration. 

John Locke: Natural and Social Liberty

Tom-of-the-coast-of-Maine-2

The English Enlightenment philosopher John Locke (1623-1704) is sometimes called the father of liberty.  His thinking about freedom and liberty, along with that of Rousseau, influenced America’s founders and the authors of its seminal documents like the Declaration of Independence, the Federalist Papers and the Constitution. In the course of our modern debates about the role of government in society, Locke is alternately portrayed as championing both the conservative and liberal side of the debate.  Liberty and human freedom itself are important to all sides of the debate and it is not surprising to see both sides return to the roots of the Western notion of liberty to bolster their opposing views.

John Locke

John Locke 1623-1704

One of the reasons that Locke is useful to both sides of this debate is that he, like many other Enlightenment philosophers, seemed to see human beings as existing in two states: the pure natural state and as members of a society.  In the Second Treatise on Government Locke distinguished “the natural liberty of man” from “the liberty of man in society.” (Chapter 4,Sec. 22)

He argued that “the natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule.” Since human beings, as Locke well knew, do not live singly in nature but rather are always members of a more or less developed society, his observation is a theoretical one which helps him to establish the importance of liberty as an inherent quality of human beings and therefore in need of preservation in the actual societal situations in which human beings live. He is arguing against those who characterized human beings as being naturally part of divinely created social hierarchy in which liberty was not distributed equally–the sort of argument that would be made by divine right monarchists and princes of the Church.  In this way, he is firmly linking liberty with equality.  This key philosophical insight is echoed later in 1776 by Thomas Jefferson: “We hold these truths to be self-evident that all men are created equal and endowed by their creator with certain inalienable rights and that among this are the rights to life, liberty and the pursuit of happiness.” (U.S. Declaration of Independence)  What was a real “sea change” in thought in the writing of Locke took less that a century to become “self-evident.”

Locke thought that human society should only have constraints on liberty that allowed all members of society to exercise their liberty in a manner that allowed all other members of society to exercise their liberty and pursue their ends.  For him liberty in society did not permit “… every one to do what he lists, to live as he pleases, and not to be tied by any laws… .” (Second Treatise on Government, Chapter 4, Sec. 22)

Locke further argued that the “freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man… .” (Second Treatise on Government, Chapter 4, Sec 22) The power to make social regulations was  vested in a legislature whose powers arose from the governed and did not descend from a monarch or even God. The power to legislate and regulate arose “by consent, in the commonwealth.”  (Second Treatise on Government, Chapter 4, Sec. 22)

Locke saw the legislative rule of law as the means of establishing what we might call “liberty in practice.”  The commonwealth was to govern itself and to enact those laws necessary for the actual exercise of liberty.  Following Locke, government should only legislate those things the commonwealth feels are necessary to ensure the exercise of liberty.  This idea is central to any notion of “liberalism” no matter where one stands on the political spectrum–on the conservation or the liberal, on the right or on the left. (Note “liberalism” is not synonymous with being a liberal in the modern political sense.)

The political rub comes when we try to answer at least these two questions:

  1. What things or social conditions are necessary for “liberty in practice?”
  2. What role should government (at any level) have in helping to create the conditions for liberty to be a reality for all members of a society?

Does government have a role in ensuring that people have decent nutrition, are not dying of disease, going bankrupt paying for the necessities of life,or held prisoners in the own neighborhoods by crime and overwhelming poverty. What role, if any, should government have in ensuring that children learn to read and that their are viable pathways for social advancement?  What role should government have in improving public health, public education and public safety.  Certainly, the answer to these questions is not no role.

Another key insight of Locke’s may help us to arbitrate some of these questions.  For Locke human beings were essentially social.  Yes, they were individuals with individual hopes and dreams but the individual did not exist outside of the context of society and a multiple series of relationships with others upon whom humans depend and who depend onthem.  Life is therefore lived in society in which we are all responsible to and for one another.  That for Locke was the natural state of affairs. The words of one of the greatest of the metaphysical poets, John Donne, were, no doubt, well know to him.

No man is an island,
Entire of itself.
Each is a piece of the continent,
A part of the main.
If a clod be washed away by the sea,
Europe is the less.
As well as if a promontory were.
As well as if a manor of thine own
Or of thine friend’s were.
Each man’s death diminishes me,
For I am involved in mankind.
Therefore, send not to know
For whom the bell tolls,
It tolls for thee.

Put another and less poetic way:  you are you and I am me but we are all inescapably and quite naturally in this life together.