WHAT
WE OWE TO EACH OTHER
By
T. M. Scanlon
416pp.
The
Belknap Press of Harvard UniversityPress. $35.
By
SIMON BLACKBURN
There
are moral philosophers who are famous
for the depth and weight of their treatises, and there are those who are
remembered more for a single formula, such as 'act only on that maxim
throughwhich you can at the same time will that it should become universal
law'. In practice, however, philosophers of the second kind usually need to
write at least as much as those of the first kind, just to explain what their
formula really means. Professor Tim Scanlon of Harvard is no exception. He has
long had a formula embodying what he calls a contractarian approach to
morality. And now, some eighteen years after finding the formula, he has a
whole treatise.
Scanlon'sformula
is not quite as pithy as Kant's. A version as succinct as any occurs on p. 153:
'an act is wrong if its performance under the circumstances would be disallowed
by any set of principles for the general regulation of behaviour that no one
could reasonably reject as a basis for informed, unforced general agreement'.
This is no bumper sticker. The double negative and the circumspect clauses
foreshadow the need for interpretations and distinctions and defences,and this
is what they get.
The
idea that principles of right action, or right government, are those that
wecould expect reasonable people to agree upon is of course neither new nor uncommon.
It lies in the same corner of logical space as the golden rule: do as you would
be done by. And anything shared by Thomas Hobbes, David Hume,Immanuel Kant,
John Stuart Mill, and R. M. Hare must have something right about it. More
immediately, a version of it lies at the heart of the 1971 classic from which
this book is a direct descendant, John Rawls's A Theory ofJustice. In that book Rawls tried to identify the principles
of a just society as those it would be rational to contract into. He confronted
the problem that the people who make real contracts are people who have
divergent concerns and agendas, and asymmetries of needs and powers and wealth.
Famously, to defend against the way these forces create unjust contracts and
principles, he imposed a 'veil of ignorance', asking us to imagine contracting
into general principles in ignorance of our own particular properties and
circumstances. Scanlon does without the veil of ignorance by relying on two
ideas. First, his contractors are motivated by a common concern to find the
principles he talks of (they are not, for instance, motivated solely by desire
for local competitive advantage). And second, the talk of 'reasonable
rejection' invokes a conception of universal, shared reasons, so that what is a
reason for one is to be a reason for all.
Critics
of Rawls quickly pointed out that once individual differences are bleached out by
the veil of ignorance, we are relying not so much on the idea of a contract any
more, so much as on an idea of rational choice. Rawls's arrangements for society
become simply those that, supposedly, it would be rational to choose if you did
not know which niche in society you were going to occupy. The contractual
element becomes effaced. A similar problem dogs Scanlon's version.Once peoples'
actual differences are submerged beneath their concern to find general
principles, and once their reasons become not reasons from within one perspective
or another, but universal, then the formula begins to look rather different. In
fact, it begins to look something like: 'an action is wrong if principles
allowing it could reasonably be rejected', or 'try not to act sothat people
have a complaint against you', which seem less than electrifying.
But
the role of contract diminishes further if we turn our attention to those reasons
for rejection. Why not suppose that they themselves provide the very reasons
why an action is wrong, short-circuiting any residual appeal to contracts with
others? Suppose it is reasonable to reject my principles because, for instance,
they lead to vast inequalities of wealth. Why then isn't that the very feature
that makes my principles wrong? Why go through the detour of dragging in the
hypothetical agreement with others? The question becomes particularly pointed
when we think of actions that are supposed to be wrong although the harm is
done to a creature or even a thing that is incapable of making contracts:
aborting a young fetus, tormenting animals, or flooding the Grand Canyon for
water skiing. About this kind of case Scanlon admits that 'the idea that there
is a moral objection to harming or defacing works of nature (apart from any
effects this has on human life) is adequately explained by the fact that the
character of those objects-such as their grandeur, beauty,
andcomplexity-provides compelling reason not to harm them. Nothing would be
added by bringing in the idea of what a trustee for these objects would have
reason to reject' (p. 183). But then one might suppose that the character of
other things, such as misery, pain or death, provide compelling moral reasons
as well, just by themselves.
Scanlon
valiantly faces questions such as these, and valiantly tries to answer them.The
discussions are deep and honest, and they illuminate many key concepts of moral
philosophy: well-being, trust, friendship, loyalty, promises. It would be- and
will be - the business of more than one doctoral thesis to assess his success
(students will not, however, be helped by Harvard University Press putting
important notes at the end of the book instead of on the page, a minuscule
saving given modern typesetting technique).
The book bears witness to a different element in contemporary moral
philosophy, and perhaps one of more general cultural significance. Suppose we
ask further about the reasons upon which everything hinges. For Scanlon,
believing that something provides a reason is having a belief, capable of truth
and falsity, but it is not a belief 'about the natural world' (p. 60). Belief
about these unnatural reasons occupies a central role in his moral psychology;
such states as emotions,passions and desires, by contrast, are either
identified with such beliefs, or heavily belittled.
Now,when
some feature of things weighs with a person in her deliberations, we can say
that she sees it as a reason for or against a course of action. But which side
of the equation explains the other? Does the weight come first, and explain
what is meant by seeing something as a reason? On that side lie the allies of
Hume and St Augustine: '...in the pull of the will and of love appears the
worth of everything to be sought or avoided, to be thought of greater or less
value'. On the other side lie those owing allegiance to Plato, Aristotle and
sometimes Kant. They hold that our passionate natures come entirely under the
control of Truth, apprehended by Reason. Apollo rules Dionysus. The trouble
with this sunny picture is that Apollo's control is unintelligible: for beliefs
that are not about the natural world are eminentlydispensable. Why should we
care about anything they allegedly represent – and if we did, wouldn't
this care itself be an intrusion from the dark, a gift fromDionysus? On St
Augustine's side there is no difficulty: we talk of reasons to reflect the fact
that we already care.
Itis
a matter of great cultural interest how so many analytic philosophers,including
Scanlon, are bemused by the Apollonian vision. I suspect many think that their
role as Guardians of the Norms requires it. I find this belief sad and puzzling
at the same time. After all, St Augustine can be as fierce a defender of the
norms that matter as anybody. Scanlon himself sometimes comes close to
realizing that he does not really need the Apollonian image. But at other
points panic sets in. On p. 20, for example, he surmises that Hume 'may have
held' the view that nothing ever counts in favor of any action or intention at
all. At first sight this deserves some kind of prize even in the highly
competitive field of traducing Hume. It is only explicable if we allow Scanlon
to impose the view that reasons that are seen only in the pull of the will and
of love are not real reasons at all. But when we reflect what that really
means, I think we should find it rather sad.