The masses blink and say: “We are all equal.—Man is but man, before God—we are all equal.” Before God! But now this God has died.
—Friedrich NietzscheFootnote 1Few contemporary moral philosophers . . . have really joined battle with Nietzsche about morality. By and large we have just gone on taking moral judgements for granted as if nothing had happened. We, the philosopher watchdogs, have mostly failed to bark.
—Philippa FootFootnote 2I. PRELIMINARIES
As we all know, there is not just one morality in the world; there are many.Footnote 3 By a “morality,” I mean a claim or set of claims to the effect that human beings, either some or all, should live a certain sort of life—“should” in the sense of “have conclusive reason to.”Footnote 4
The morality Adolph Hitler espoused is radically different from the morality Mother Theresa espoused; nonetheless, each is a morality.Footnote 5 “Hitler's ‘morality’ is not a morality,” you reply, “because it is, to put it mildly, false. There is only one true morality, and Hitler's—least of all Hitler's—is not it!” To say that there are many moralities, however, is to say nothing about whether a particular morality—or indeed any morality—is true. (Moral skepticism, properly understood, is the position not that morality is false—again, there is not just one morality—but that every morality is false, that every claim or set of claims to the effect that human beings, some or all, have conclusive reason to live a certain sort of life is false.) There are many moralities—and the morality Hitler espoused is one of them.
Asking oneself “Should I care about others?” is not a question prior to moral thought nor a question about morality, but is rather a question within morality. Hate and envy are as much “moral” emotions as love and sympathy. Another way to see this is to note that we should consider immoral judgments as a subset of moral judgments; bad moral values as a subset of moral value; false moral theories . . . are still moral theories about how to live.Footnote 6
Of course, just as one can acknowledge that there are many moralities and reject every one of them as false, one can acknowledge that there are many moralities and affirm a particular morality as true—affirm as true, that is, the claim that one should live, that one has conclusive reason to live, the sort of life the morality claims one should live.
A morality may purport to be true for all human beings by claiming that all human beings have conclusive reason to live the sort of life it claims all human beings should live. Or a morality may purport to be true only for some human beings. Either way, a morality may be false in one sense but partly true in another: some, but only some, of the human beings for whom the morality purports to be true may have conclusive reason to live the sort of life the morality claims they should live. Conceivably, two (or more) moralities may both be true or both be partly true in this sense: one morality may be true for those or for some of those for whom it purports to be true, and another morality may be true for those or for some of those for whom it purports to be true.
Notice that it would beg the question to say to someone that the conclusive reason she has for living the sort of life a morality claims she should live is just that that sort of life is (for her) moral. The question is precisely whether the sort of life the morality claims she should live is (for her) truly moral; she wants to know whether in fact she has conclusive reason to live the sort of life the morality claims she should live.
The “ground of normativity” question—as I call it—can be asked about any morality; to ask it about a particular morality is simply to ask whether (and for whom) the morality is true and, if so, why—in virtue of what—it is true. Again, to say that a particular morality is true (for one) is to say that one should live—that one has conclusive reason to live—the sort of life the morality claims one should live; put another way, it is to say that one has conclusive reason to be(come) the sort of person who lives the sort of life the morality claims one should live. So to ask whether a particular morality is true is to ask what conclusive reason one has, if any, to live the sort of life the morality in question claims one should live. To ask the ground-of-normativity question about a particular morality is to ask what grounds the “should” in the morality's claim that one should live a certain sort of life; it is to ask why—in virtue of what—one should live that sort of life.
In the next section of this essay, I elaborate a particular—and particularly important—morality that I call the morality of human rightsFootnote 7 (because, as explain, it is the principal articulated morality that underlies the law of human rights).Footnote 8 In section III, I ask the ground-of-normativity question about the morality of human rights and then elaborate a religious response. After explaining in section IV why one might be skeptical that there is a plausible secular response to the question (i.e., to the question asked about the morality of human rights), I consider some secular responses in sections V and VI. Finally, in section VII I ask what difference it makes if there is no plausible secular response to the ground-of-normativity question.
II. THE MORALITY OF HUMAN RIGHTS
Although it is only one morality among many, the morality of human rights has become the dominant morality of our time; indeed, unlike any morality before it, the morality of human rights has become a truly global morality.Footnote 9 (Relatedly, the language of human rights has become the moral lingua franca.)Footnote 10 Nonetheless, the morality of human rights is not well understood.
What does the morality of human rights hold? The International Bill of Rights, as it is informally known, consists of three documents: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights.Footnote 11 The Universal Declaration refers in its preamble to “the inherent dignity . . . of all members of the human family” and states in Article 1 that “[a]ll members of the human family are born free and equal in dignity and rights . . . and should act towards one another in a spirit of brotherhood.” The two covenants each refer in their preambles to “the inherent dignity . . . of all members of the human family” and to “the inherent dignity of the human person”—from which, the covenants insist, “the equal and inalienable rights of all members of the human family . . . derive.”Footnote 12
According to the International Bill of Rights, then, and also according to the constitutions of many liberal democracies,Footnote 13 the morality of human rights consists of a twofold claim. The first part of the claim is that each and every (born) human being has equal inherent dignity.Footnote 14
• The Oxford English Dictionary gives this as the principal definition of “dignity”: “The quality of being worthy or honourable; worthiness, worth, nobleness, excellence.”Footnote 15
• To say that every human being has “inherent” dignity is to say that the fundamental dignity every human being possesses, she possesses not as a member of one or another group (racial, ethnic, national, religious, etc.), not as a man or a woman, not as someone who has done or achieved something, and so on, but simply as a human being.Footnote 16
• To say that every human being has “equal” inherent dignity is to say that like being pregnant, being “inherently dignified” is not a condition that admits of degrees: just as no pregnant woman can be more—or less—pregnant than another pregnant woman, no human being can have more—or less—inherent dignity than another human being. According to the morality of human rights, “[a]ll members of the human family are born . . . equal in dignity.” Hereafter, when I say “inherent dignity,” I mean “equal inherent dignity.”
The second part of the claim is that the inherent dignity of human beings has a normative force for us, in this sense: we should—every one of us—live our lives in accord with the fact that every human being has inherent dignity; that is, we should respect—we have conclusive reason to respect—the inherent dignity of every human being.Footnote 17
There is another way to state the twofold claim that is the morality of human rights: Every human being has inherent dignity and is “inviolable”: not-to-be-violated.Footnote 18 According to the morality of human rights, one can violate a human being either explicitly or implicitly. One violates a human being explicitly if one explicitly denies that she (or he) has inherent dignity. (The Nazis explicitly denied that the Jews had inherent dignity.)Footnote 19 One violates a human being implicitly if one treats her as if she lacks inherent dignity, either by doing to her what one would not do to her or refusing to do for her what one would not refuse to do for her if one genuinely perceived her to have inherent dignity. (Even if the Nazis had not explicitly denied that the Jews had inherent dignity, they would have implicitly denied it: the Nazis did to the Jews what no one would have done to them who genuinely perceived the Jews to have inherent dignity.) In the context of the morality of human rights, to say that (1) every human being has inherent dignity and we should live our lives accordingly (namely, in a way that respects that dignity) is to say that (2) every human being has inherent dignity and is inviolable: not-to-be-violated in the sense of “violate” just indicated. To affirm the morality of human rights is to affirm the twofold claim that every human being has inherent dignity and is inviolable.
If it is true, why is it true—in virtue of what is it true—that every human being has inherent dignity and is inviolable?Footnote 20 That the International Bill of Rights is (famously) silent on that question is not surprising, given the plurality of religious and nonreligious views that existed among those who bequeathed us the Universal Declaration and the two covenants.Footnote 21 Indeed, the claim that every human being has inherent dignity and is inviolable is deeply problematic for many secular thinkers, because the claim is difficult—perhaps to the point of impossible—to align with one of their fundamental convictions, what Bernard Williams called “Nietzsche's thought”: “[T]here is not only no God, but no metaphysical order of any kind.”Footnote 22
III. THE GROUND-OF-NORMATIVITY QUESTION: A RELIGIOUS RESPONSE
Only someone who is religious can speak seriously of the sacred, but such talk informs the thoughts of most of us whether or not we are religious, for it shapes our thoughts about the way in which human beings limit our will as does nothing else in nature. If we are not religious, we will often search for one of the inadequate expressions which are available to us to say what we hope will be a secular equivalent of it. We may say that all human beings are inestimably precious, that they are ends in themselves, that they are owed unconditional respect, that they possess inalienable rights, and, of course, that they possess inalienable dignity. In my judgment these are ways of trying to say what we feel a need to say when we are estranged from the conceptual resources we need to say it. Be that as it may: each of them is problematic and contentious. Not one of them has the simple power of the religious ways of speaking.
Where does that power come from. Not, I am quite sure, from esoteric theological or philosophical elaborations of what it means for something to be sacred. It derives from the unashamedly anthropomorphic character of the claim that we are sacred because God loves us, his children.
—Raimond GaitaFootnote 23I said that the ground-of-normativity question can be asked about any morality. Let us ask it about the morality of human rights: Is the morality of human rights true (or at least partly true)? Do we (or at least some of us) have conclusive reason to live the sort of life the morality of human rights claims that we—every one of us—should live: a life in which we strive never to violate any human being, never to treat any human being as if she lacks inherent dignity; a life in which we strive always to respect the inherent dignity of every human being? Footnote 24
In this section, I elaborate an affirmative religious response—in particular, a Christian response—to the question. Of course, no one who is not a religious believer will find the response plausible; indeed, even many who are religious believers will not find the response plausible. Nonetheless, the religious (Christian) response I am about to elaborate is a intelligible, coherent response to the ground-of-normativity question, a response that for many religious believers is conclusive reason to live the sort of life the morality of human rights claims they (and we) should live.
Imagine a religious believer named Sarah. Although she is a Christian, Sarah is sufficiently familiar with Judaism and Islam to know that her religious response to the ground-of-normativity question, which she is about to elaborate, is not one that just Christians (not all Christians, but many) affirm;Footnote 25 many religious Jews and Muslims affirm it too.Footnote 26 So, notwithstanding her Christian vocabulary and scriptural references, Sarah's religious response is ecumenical as among the three great monotheistic faiths.Footnote 27
Sarah affirms that every human being has inherent dignity and that we should live our lives accordingly. (For a reason that will soon be apparent, Sarah prefers to say that every human being “is sacred.” Nonetheless, for Sarah, each predicate—“has inherent dignity,” “is sacred”—is fully equivalent to the other; Sarah translates each predicate into the other without remainder.) In affirming this, Sarah affirms the morality of human rights.
Predictably, Sarah's affirmation provokes this question: Why—in virtue of what—does every human being have inherent dignity? Sarah gives a religious explanation. Speaking the words of the First Letter of John, Sarah says that “God is love.” (“Whoever fails to love does not know God, because God is love.” 1 John 4:8.Footnote 28 “God is love, and whoever remains in love remains in God and God in him.” 1 John 4:16.)Footnote 29 Moreover, God's act of creating and sustaining the universe is an act of love,Footnote 30 and we human beings are the beloved children of God and sisters and brothers to one another.Footnote 31 (As Hilary Putnam has noted, the moral image central to what Putnam calls the Jerusalem-based religions “stresse[s] equality and also fraternity, as in the metaphor of the whole human race as One Family, of all women and men as sisters and brothers.”)Footnote 32 Every human being has inherent dignity, says Sarah, in the sense that every human being is a beloved child of God and a sister/brother to every other human being.Footnote 33
Sarah is fully aware that she is speaking analogically, but that is the best anyone can do, she insists, in speaking about who/what God isFootnote 34—as in “Gracious God, gentle in your power and strong in your tenderness, you have brought us forth from the womb of your being and breathed into us the breath of life.”Footnote 35
Sarah's explanation provokes a yet further question, about the ground of the normativity—of the “should”—in the claim that we should live our lives in a way that respects the inherent dignity of every human being:
I'll assume, for the sake of our discussion, that every human being has inherent dignity in the sense that every human being is a beloved child of God and a sister/brother to every other human being. So what? Why should it matter to me—to the way I live my life—that every human being has inherent dignity, that every human being is a beloved child of God and a sister/brother to me? Why should I respect—why should I want to be a person who respects—the inherent dignity of every human being?
In responding to this important question about the ground of normativity, Sarah—who “understands the authority of moral claims to be warranted not by divine dictates but by their contribution to human flourishing”Footnote 36—states her belief that the God who loves us has created us to love one another.Footnote 37 (We are created not only to achieve union in love with one another; we are also created, Sarah believes, to achieve union in love with God. Sarah understands that state to be “not an ontological unity such that either the lover or the beloved ceases to have his own individual existence [but rather] a unity at the level of affection or will by which one person affectively takes the other to be part of himself and the goods of the other to be his own goods.”)Footnote 38 Given our created nature—given what we have been created for—the most fitting way of life for us human beings, the most deeply satisfying way of life of which we are capable, as children of God and sisters and brothers to one another, is one in which we embrace Jesus' “new” commandment, reported in John 13:34, to “love one another . . . just as I have loved you.”Footnote 39
By becoming persons of a certain sort—persons who discern one another as bearers of inherent dignity and love one another as such—we fulfill our created nature.Footnote 40 “We are well aware that we have passed over from death to life because we love our brothers. Whoever does not love, remains in death” (1 John 3:14).Footnote 41 Indeed, Sarah believes that in some situations, we love most truly and fully—and therefore we live most truly and fully—by taking the path that will probably or even certainly lead to our dying. “No one can have greater love than to lay down his life for his friends” (John 15:13).Footnote 42
(Sarah also believes that the ultimate fulfillment of our created nature—which, Sarah believes, is mystical union in love with God and with one anotherFootnote 43—can be neither fully achieved nor even fully understood in our earthly life.Footnote 44 “Now we see only reflections in a mirror, mere riddles, but then we shall be seeing face to face. Now, I can know only imperfectly; but then I shall know just as fully as I am myself known” [1 Corinthians 13:12]. But in our earthly life, Sarah believes, we can make an important beginning.)Footnote 45
The “love” in Jesus' counsel to “love one another” is not eros or philia but agape.Footnote 46 To love another in the sense of agape is to see her (or him) in a certain way (namely, as child of God and sister/brother to oneself) and therefore to act toward her in a certain way.Footnote 47
Agape “discloses to us the full humanity of others. To become properly aware of that full humanity is to become incapable of treating it with contempt, cruelty, or indifference. The full awareness of others' humanity that love involves is an essentially motivating perception.”Footnote 48
The “one another” in Jesus' counsel is radically inclusive:
You have heard how it was said, You will love your neighbor and hate your enemy. But I say this to you, love your enemies and pray for those who persecute you; so that you may be children of your Father in heaven, for he causes his sun to rise on the bad as well as the good, and sends down rain to fall on the upright and the wicked alike. . . . You must therefore set no bounds to your love, just as your heavenly Father sets none to his. (Matthew 5:43–48)Footnote 49
As it happens, Sarah embodies Jesus' extravagant counsel to “love one another just as I have loved you.” She loves all human beings. Sarah loves even “the Other”: she loves not only those for whom she has personal affection, or those with whom she works or has other dealings, or those among whom she lives; she loves even those who are most remote, who are unfamiliar, strange, alien, those who, because they are so distant or weak or both, will never play any concrete role, for good or ill, in Sarah's life.Footnote 50 Sarah loves even those from whom she is most estranged and toward whom she feels most antagonistic: those whose ideologies and projects and acts she judges to be not merely morally objectionable but morally abominable.Footnote 51 Sarah loves even her enemies; indeed, Sarah loves even those who have violated her, who have failed to respect her inherent dignity. Sarah is fond of quoting Graham Greene to her incredulous friends: “When you visualized a man or a woman carefully, you could always begin to feel pity. . . . When you saw the corners of the eyes, the shape of the mouth, how the hair grew, it was impossible to hate. Hate was just a failure of imagination.”Footnote 52
Such love—such a state of being, such an orientation in the world—is obviously an ideal. Moreover, it is for most human beings an extremely demanding ideal; for many persons it is also an implausible ideal.Footnote 53 Why should anyone embrace the ideal? Why should anyone want to be (or to become) such a person—a person who, like Sarah, loves even the Other? This is, existentially if not intellectually, the fundamental moral question for anyone: Why should I want to be the sort of person who makes the choices, who does the things, I am being told I should make and do.
And in fact, Sarah's interlocutor presses her with this question: “Why should I want to be the sort of person who, like you, loves the Other? What reason do I have to do that?” Because that is essentially the question about the ground of the normativity in the claim that we should live our lives in a way that respects the inherent dignity of every human being, Sarah is puzzled; she thought that she had already answered the question. Sarah patiently rehearses her answer, an answer that appeals ultimately to one's commitment to one's own authentic well-being: “The most deeply satisfying way of life of which we are capable is one in which we ‘love one another just as I have loved you.’ By becoming persons who love one another, we fulfill—we perfect—our created nature and thereby achieve our truest, deepest, most enduring happiness.”Footnote 54 It is now Sarah's turn to ask a question of her interlocutor: “What further reason could you possibly want for becoming (or remaining) the sort of person who loves the Other?”
When he was deliberating about how to live, St. Augustine asked, “What does anything matter, if it does not have to do with happiness?” His question requires explanation, because he is not advising selfishness nor the reduction of other people to utilities, and even qualification, because other things can have some weight. All the same, the answer he expects is obviously right: only a happy life matters conclusively. If I had a clear view of it, I could have no motive to decline it, I could regret nothing by accepting it, I would have nothing about which to deliberate further.Footnote 55
A clarification may be helpful here. Does Sarah do what she does for the Other—for example, does she contribute to Bread for the World as a way of feeding the hungry—for a self-regarding reason? Does she do so, say, because it makes her happy to do so? No. Although feeding the hungry does make Sarah happy, that is not why she does it. Given the sort of person she is, the reason—the other-regarding reason—Sarah feeds the hungry is this: “The hungry are my sisters and brothers; I love them.” Now, a different question: Why is Sarah committed to being the sort of person she is and why does she believe that everyone should want to be such a person? Pace Augustine, Sarah's answer to that question is self-regarding: “As persons who love one another, we fulfill our created nature and thereby achieve our truest, deepest, most enduring happiness.”Footnote 56 According to Sarah, it is not individual acts of love that necessarily make one happy; it is, rather, becoming a person who loves the Other “just as I have loved you.” “[S]elf-fulfillment happens when we are engaged from beyond ourselves. Self-fulfillment ultimately depends on self-transcendence. This is essentially the claim that is made by religion, that the meaning of our lives is to be found beyond ourselves.”Footnote 57
It bears emphasis that Sarah does not believe that she should be the sort of person she is because God has issued a command to her to be that sort of person—a command that, because God is entitled to rule, to legislate, she is obligated to obey. For Sarah, God is not best understood in such terms. A theistic religious vision does not necessarily include, though some conventional theistic religious visions do include, a conception of God as supreme legislator, issuing directives for human conduct.Footnote 58 For Sarah, for whom God is love, not supreme legislator, some choices are good for us to make (or not to make)—and therefore we ought (or ought not) to make them—not because God commands (or forbids) them but because God is who God is, because the universe—the universe created and sustained by God who is love in an act that is an expression of God/love—is what it is, and in particular, because we human beings are who we are.
For Sarah, “[t]he Law of God is not what God legislates but what God is, just as the Law of Gravity is not what gravity legislates but what gravity is.”Footnote 59 Sarah believes that because God is who God is, because the universe is what it is, and because we are who we are, and not because of anything commanded by God as supreme legislator, the most fitting way of life for us human beings—the most deeply satisfying way of life of which we are capable—is one in which we children of God, we sisters and brothers, “love one another just as I have loved you.”
IV. IS THERE A PLAUSIBLE SECULAR RESPONSE?
Sarah is deeply skeptical that any secular ground can bear the weight of—that any secular worldview can embed—the twofold claim that every human being has inherent dignity and is inviolable.Footnote 60 (Recall that “is inviolable” equals “we should not violate any human being” equals “we should live our lives life in a way that respects the inherent dignity of every human being.”) Sarah wonders whether there is anything one who is not a religious believer can say that is functionally equivalent to “the unashamedly anthropomorphic . . . claim that we are sacred because God loves us, his children.”Footnote 61
Australian philosopher Raimond Gaita, who is an atheist,Footnote 62 observes (in the passage that serves as the epigraph for the preceding section of this essay) that “[i]f we are not religious, we will often search for one of the inadequate expressions which are available to us to say what we hope will be a secular equivalent of [the religious articulation that all human beings, as beloved children of God, are sacred].” Examples of the hoped-for secular equivalent: “We may say that all human beings are inestimably precious, that they are ends in themselves, that they are owed unconditional respect, that they possess inalienable rights, and, of course, that they possess inalienable dignity.” In Gaita's reluctant judgment, “these are ways of trying to say what we feel a need to say when we are estranged from the conceptual resources we need to say it.”Footnote 63
Now, to doubt, as Sarah does, that any secular ground can bear the weight of the twofold claim that every human being has inherent dignity and is inviolable is not to doubt that a nonbeliever can both affirm that every human being has inherent dignity and live her life accordingly. Nonetheless, as the Polish philosopher Leszek Kolakowski has written:
When Pierre Bayle argued that morality does not depend on religion, he was speaking mainly of psychological independence; he pointed out that atheists are capable of achieving the highest moral standards . . . and of putting to shame most of the faithful Christians. That is obviously true as far as it goes, but this matter-of-fact argument leaves the question of validity intact; neither does it solve the question of the effective sources of the moral strength and moral convictions of those “virtuous pagans.”Footnote 64
This essay is partly about what Kolakowski calls “the question of validity.”
In addressing that question, I am not suggesting that morality cannot survive the death of God. There is, after all, not just one morality in the world; there are many. Nor am I suggesting that one cannot be good unless one believes in God. Many people who do not believe in God are good, even saintly,Footnote 65 just as many people who believe in God—including many Christians, as Desmond Tutu has reminded us—are not good.Footnote 66 Nonetheless, it is obscure to Sarah what ground one who is not a religious believer can give for the twofold claim that every human being has inherent dignity and that we should live our lives accordingly. It is especially obscure to her what ground a resolute atheist can give.Footnote 67
Imagine a cosmology according to which the universe is, finally and radically, meaninglessFootnote 68—or, even if meaningful in some sense, not meaningful in a way hospitable to our deepest yearnings for what Abraham Heschel called “ultimate relationship, ultimate belonging.”Footnote 69 Consider, for example, Clarence Darrow's bleak vision (as recounted by Paul Edwards):
Darrow, one of the most compassionate men who ever lived, . . . concluded that life was an “awful joke.” . . . Darrow offered as one of his reasons the apparent aimlessness of all that happens. “This weary old world goes on, begetting, with birth and with living and with death,” he remarked in his moving plea for the boy-murderers Loeb and Leopold, “and all of it is blind from the beginning to the end.” Elsewhere he wrote: “Life is like a ship on the sea, tossed by every wave and by every wind; a ship headed for no port and no harbor, with no rudder, no compass, no pilot; simply floating for a time, then lost in the waves.” In addition to the aimlessness of life and the universe, there is the fact of death. “I love my friends,” wrote Darrow, “but they all must come to a tragic end.” Death is more terrible the more one is attached to things in the world. Life, he concludes, is “not worthwhile,” and he adds . . . that “it is an unpleasant interruption of nothing, and the best thing you can say of it is that it does not last long.Footnote 70
One prominent contemporary proponent of a Darrowian cosmology, the physicist and Nobel laureate Steven Weinberg, “finds his own world-view ‘chilling and impersonal.’ He cannot understand people who treat the absence of God and of God's heaven as unimportant.”Footnote 71
Where is there a place in a cosmological view like Darrow's and Weinberg's, Sarah wonders, for the morality of human rights to gain a foothold? For one who believes that the universe is utterly bereft of transcendent meaning, why—in virtue of what—is it the case that every human being has inherent dignity and is inviolable? Richard Posner apparently shares Sarah's lack of comprehension:
Thomas Nagel is a self-proclaimed atheist, yet he thinks that no one could really believe that “we each have value only to ourselves and to those who care about us.” Well, to whom then? Who confers value on us without caring for us in the way that we care for friends, family, and sometimes members of larger human communities? Who else but the God in whom Nagel does not believe?Footnote 72
Sarah is inclined to concur in R.H. Tawney's view (except that where Tawney says “all” morality, Sarah would say something like “our” morality): “The essence of all morality is this: to believe that every human being is of infinite importance, and therefore that no consideration of expediency can justify the oppression of one by another. But to believe this it is necessary to believe in God.”Footnote 73 One need not be a religious believer to concur in Tawney's view. Jeffrie Murphy, for example, insists that it is, for him, “very difficult—perhaps impossible—to embrace religious convictions,” but he nonetheless claims that:
the liberal theory of rights requires a doctrine of human dignity, preciousness and sacredness that cannot be utterly detached from a belief in God or at least from a world view that would be properly called religious in some metaphysically profound sense. . . . the idea that fundamental moral values may require [religious] convictions is not one to be welcomed with joy [by secular enthusiasts of the liberal theory of rights]. This idea generates tensions and appears to force choices that some of us would prefer not to make. But it still might be true for all of that.Footnote 74
Raimond Gaita says much the same thing:
The secular philosophical tradition speaks of inalienable rights, inalienable dignity and of persons as ends in themselves. These are, I believe, ways of whistling in the dark, ways of trying to make secure to reason what reason cannot finally underwrite. Religious traditions speak of the sacredness of each human being, but I doubt that sanctity is a concept that has a secure home outside those traditions.Footnote 75
Nietzsche asked: “Now suppose that belief in God has vanished: the question presents itself anew: ‘who speaks?”’Footnote 76 Echoing Nietzsche's question a horrific century later, Art Leff wrote:
V. JOHN FINNIS'S SECULAR RESPONSES
As I report above, Sarah is deeply skeptical that any secular ground can bear the weight of the twofold claim that every human being has inherent dignity and is inviolable. But perhaps Sarah's skepticism is misplaced. Let us consider John Finnis's affirmative secular responses to question whether the morality of human rights is true (or at least partly true)—whether, that is, we (or at least some of us) have conclusive reason to live the sort of life the morality of human rights claims that we—every one of us—should live: a life in which we strive never to violate any human being, never to treat any human being as if she lacks inherent dignity; a life in which we strive always to respect the inherent dignity of every human being?
Alan Wolfe has remarked that “[a]mong Catholic intellectuals, as well as some who are not Catholic, the most important Catholic inheritance is the natural-law [moral] tradition . . .”Footnote 78 The distinguished legal and moral philosopher John Finnis, who is Roman Catholic, works in that tradition.Footnote 79 Finnis “believes that a major contribution of his account of ethics is its demonstration of clear and reliable moral truths about moral actions . . . that appeal to all rational persons” without regard to whether they are religious believers.Footnote 80 If Finnis's “account of ethics” succeeds in demonstrating “clear and reliable moral truths about moral actions that appeal to all rational persons,” including those who are not religious believers, perhaps Finnis' s account can provide a secular response to the question why all of us should live a life in which we strive never to violate any human being, never to treat any human being as if she lacks inherent dignity. Does Finnis's account succeed?
Twenty-seven years ago, in Natural Law and Natural Rights (NLNR), Finnis argued that no one should intentionally harm (any aspect of) the well-being of another, because to do so would be to act contrary to the requirement “of fundamental impartiality among the human subjects who are or may be partakers of [the basic human goods].”Footnote 81 Assuming that intentionally to harm the well-being of another is to act contrary to Finnis's requirement of fundamental impartiality, why should one avoid acting contrary to the requirement? Until Finnis answers that question, he has not provided a ground for the normativity—for the “should”—in the claim that no one should intentionally harm the well-being of any human being.
The totality of Finnis's brief answer in NLNR to that, the ground-of-normativity question, is that it is unreasonable for a human being, who presumably values his own well-being, intentionally to harm the well-being of another human being: “[My own well-being] is [not] of more value than the well-being of others, simply because it is mine: intelligence and reasonableness can find no basis in the fact that A is A and not B (that I am I and not you) for evaluating (our) well-being differentially.”Footnote 82
Let us assume that one is committed to “intelligence and reasonableness.” Finnis's answer in NLNR does not work. One may reply to Finnis:
My own well-being is not of more value to whom than the well-being of others?Footnote 83 My own well-being—or the well-being of someone I love, like my child—may well be of more value to me than your well-being; or your well-being may be of no value to me; in some situations, your well-being—your continued existence—may be a disvalue to me. (Your well-being is probably of more value to you than my well-being; or my well-being may be of no value to you; or my continued existence may be a disvalue to you.) If your well-being is of no value to me, it is not necessarily “unreasonable” for me intentionally to harm your well-being in an effort to achieve something of great importance to me or to someone I love. As Richard Joyce (among others) has noted, “even if we allow that in valuing his own humanity, Al, on pain of irrationality, must accept that others value their own humanity as he does, this falls dramatically short of his being rationally required to value their humanity.”Footnote 84
Given that the brief answer he gives to the ground-of-normativity question in NLNR does not work, it is not surprising that Finnis has returned to the question in a recent essay, “On ‘Public Reason”’ (2006).Footnote 85 The different answer Finnis now gives is substantially the answer Sarah gives—but without Sarah's or any other theology. Finnis claims in the essay that “friendship”—in the sense of “goodwill towards other persons”—is a basic good for every human being.Footnote 86 It is clear in the context of the essay that Finnis means goodwill toward not just some but all other persons. To act contrary to what is a basic good for oneself is “self-mutilating.”Footnote 87 To attack the well-being of another person is to act contrary to what is a basic good for oneself: friendship; it is to act not with goodwill toward him or her whose well-being one attacks but with ill will. Therefore, concludes Finnis, to attack the well-being of another person is self-mutilating. As Finnis puts it:
Because one's pursuit of fulfillment would be unreasonable and self-mutilating if it were indifferent to friendship and to the worth of the instantiation of human goods in the lives of other people, one needs look to putting in order one's relations with one's fellows, one's communities. The name for that order, and to one's constant concern for it, is justice.Footnote 88
This, then, is Finnis's most recent answer to the question about the ground of the “should” in the claim that no one should intentionally harm the well-being of any human being: To attack the well-being of another is to mutilate oneself—it is to attack one's own well-being—and so (assuming one is committed to one's own well-being) one has conclusive reason not to attack the well-being of another. Moreover, argues Finnis, this truth “is not something we just invent; rather, it becomes clear to us by experience, thought-experiment, discussion, rational judgment.”Footnote 89
I say above that the answer Finnis now gives to the ground-of-normativity question is substantially the answer Sarah gives—but without Sarah's or any other theology. Unlike Sarah, Finnis means his response to stand independently of any theological premises. Recall Sarah's religious response to the ground-of-normativity question: because God is who God is, because the universe is what it is, and because we are who we are, the most fitting way of life for us human beings—the most deeply satisfying way of life of which we are capable—is one in which we children of God, we sisters and brothers, are persons who “love one another just as I have loved you.” In his response, by contrast, Finnis responds without reference to God or God's created order. We can imagine Finnis—or, indeed, an agnostic or even an atheist—saying to Sarah:
Like you, I believe that by be(com)ing persons who love one another, to that extent we fulfill our nature and thereby achieve our truest, deepest, most enduring happiness. But unlike you, I do not want to rely on any claim about our “created” nature: a nature created by God. Instead, I want to rely only on a claim about our nature, whether or not there is a God and, if there is a God, whether or not our nature is created by God. Given the nature we humans have, the most fitting way of life for us human beings, the most deeply satisfying way of life of which we are capable, is one in which we love one another—“one another” in your radically inclusivist sense, which includes even the Other. (Look at all those fulfilled other-lovers: they have a serenity and centeredness that cannot fail to impress.) That fact, coupled with our commitment to our own authentic well-being, is the ground of normativity.Footnote 90
The fundamental problem with the position just articulated, as compared to Sarah's, is this: in the absence of a larger metaphysical context with which it coheres—indeed, in which it makes sense as an integral part of the whole—the alleged invariable connection between “being persons who love one another (in the radical sense of ‘one another’)” and “fulfilling (perfecting, completing) our nature” seems contrived; it seems too good to be true. Sarah's religious position is embedded in—and has whatever plausibility or implausibility it has because of its embeddedness in—a particular religious worldview: a particular web of religious beliefs, especially the beliefs that (1) every human being is a beloved child of God and a sister/brother to every other human being; and (2) human beings are created by God to love one another.
By contrast, it is a presupposition of the secular position—Finnis's position—that it holds even if the universe is just what Clarence Darrow and Steven Weinberg (among others) have proclaimed it to be: a cosmic process bereft of ultimate meaning. As Darrow put it: “This weary old world goes on, begetting, with birth and with living and with death, and all of it is blind from the beginning to the end.”Footnote 91 According to the Darrowian-Weinbergian worldview, human beings, far from being created “in the image of God,”Footnote 92 are merely the unplanned, unintended yield of random mutation and natural selection. But, lo and behold, it just happens that the nature of human beings—the nature evolution has bequeathed them—is such that being a person who “loves one another just as I have loved you” is the most deeply satisfying way of life of which human beings are capable. That free-floating secular position seems so ad hoc. In e-mail discussion, Steve Smith has observed that:
[w]ithout some suitable meta-story, it just seems incredible that everyone would find happiness/fulfillment in becoming the kind of person who cares about [all] others. . . . [I]f “evolution” is the substitute story, then it seems more plausible to imagine that we would be constructed for struggle, and would find fulfillment in squashing our competitors. I realize that a degree of altruism can be accounted for in terms of promoting the survival of a group with similar genes, but any broader inclination to serve others seems incompatible with the evolution story. And if no story at all is offered, so that the line is “I don't know how, but that's just the way we're made—basically we're all cut out to be nice guys,” the contrary evidence seems overwhelming.”Footnote 93
Now, few would deny that the social nature of human beings is such that a person is better off in virtue of being part of a network of loving family and friends and also in virtue of being a member of a safe, secure political community. But that is a far cry from claiming that the nature of human beings is such that being a person who “loves one another just as I have loved you (in the radical sense of ‘one another’)” is the most deeply satisfying way of life of which human beings are capable.Footnote 94
Sarah's religious response to the ground-of-normativity question reminds us that in the real world, if not in every academic moralist's study, fundamental moral questions are intimately related to religious (or metaphysical) questions; there is no way to address fundamental moral questions without also addressing, if only implicitly, religious questions.Footnote 95 (That is not to say that one must give a religious answer to a religious question, such as the question, for example: Does God exist? Obviously many people do not give religious answers to religious questions.)Footnote 96 In the real world, one's response to fundamental moral questions has long been intimately bound up with one's response—one's answers—to certain other fundamental questions: Who are we? Where did we come from; what is our origin, our beginning? Where are we going; what is our destiny, our end?Footnote 97 What is the meaning of suffering? Of evil? Of death? And there is the cardinal question, the question that comprises many of the others: Is human life ultimately meaningful or instead ultimately bereft of meaning, meaning-less, absurd?Footnote 98 If any questions are fundamental, these questions—“religious or limit questions”Footnote 99—are fundamental. Such questions—“naïve” questions, “questions with no answers,” “barriers that cannot be breached”Footnote 100—are “the most serious and difficult . . . that any human being or society must face.”Footnote 101 John Paul II was surely right in his encyclical, Fides et Ratio, that such questions “have their common source in the quest for meaning which has always compelled the human heart” and that “the answer given to these questions decides the direction which people seek to give to their lives.”Footnote 102
Of course, John Finnis understands all this: He is, after all, a devout Roman Catholic. Nonetheless, we may fairly wonder, after considering John Finnis's efforts, whether the natural-law moral tradition in which Finnis participates, when shorn of any theological premises, in particular theological premises about our created nature, is adequate to the challenge of answering the ground-of-normativity question that engages us here: Do we have conclusive reason to live a life in which we strive never to violate any human being? We may fairly wonder, that is, whether philosopher and classicist John Rist is not right that:
philosophers who, like [Germain] Grisez and Finnis, attempt to argue that God need not be invoked in [debates about moral obligation] are no more able to avoid him than was Kant, who, attempting to show that morality needs no metaphysical foundations (in his understanding of metaphysical), had to allow that without the ultimate sanction of God, his moral universe would collapse.Footnote 103
I can imagine Finnis responding to Rist and others along these lines:Footnote 104
To make the moral arguments I want to make, I do not need to appeal to theological premises. I agree with Sarah about why human nature is as it is. In making the moral arguments I want to make, however, I do not need to stake out a position on why human nature is as it is.
Well, I wonder. The view of human nature that Finnis, qua Christian, shares with Sarah is one according to which the most fitting way of life for us human beings, the most deeply satisfying way of life of which we are capable, is one in which, inter alia, we love one another—in which we love even the Other—“just as I have loved you.” I wonder whether that view of human nature is plausible—I wonder how plausible it can be—for one who does not take seriously a theological worldview like that sketched by Sarah. That is the worry I am left with after considering Finnis's most recent response to the ground-of-normativity question.
VI. A BRIEF COMMENT ON KANTIAN MORALITY
The principal alternative to the natural-law moral tradition in which Finnis participates is the Kantian moral tradition. (Richard Posner has noted that “Kant's footprints are all over modern moral theory.”)Footnote 105 Does Kantian moral philosophy, unlike Finnis's natural-law moral philosophy, have the resources to provide a plausible secular (nontheological) response to the ground-of-normativity question?
Properly understood, normative reasons—reasons for a human agent to make this choice rather than that or, more generally, to live this sort of life rather than that, to be this sort of person rather than that—are agent-relative (“internal”) as distinct from agent-neutral (“external”).Footnote 106 Put another way, there are no categorical imperatives, only hypothetical imperatives: “This is what you should do if you value, if you care about, X.Footnote 107 So any argument in support of the “should” in a claim that one should live one's life in a certain way must appeal ultimately to some value to which the agent(s) to whom the argument is directed is (are) committed.Footnote 108 We may safely assume that virtually any agent to whom such an argument is directed is committed to this value: her own well-being; whatever else she is committed to, she is committed to her own flourishing, to her own happiness in the sense of eudaimonia.Footnote 109
Recall that Sarah's ground for normativity appeals to an agent's commitment to her own well-being. That an agent disbelieves what Sarah says about the requirements of the agent's authentic well-being is beside the point—as is the possibility that what Sarah says is false. If the agent is committed (as virtually any agent is) to her own well-being, and if she believes what Sarah says about the requirements of her well-being, then she has conclusive reason to live the sort of life the morality of human rights claims she should live, to be the sort of person the morality of human rights claims she should be.
The fatal problem with Kantian moral philosophy is its rejection of the human agent's commitment to her own well-being as the fundamental ground of moral normativity. I do not usually find myself in agreement with Roger Scruton, but in this instance I do:
The weakness of the Kantian position lies in its attribution of a “motivating force” to reason—in its denial of Hume's principle that reason alone cannot be a motive to action. The Aristotelian position involves no commitment to the idea of a “pure practical reason.” It recognises that practical reasoning concludes in action only because it begins in desire. The “practical syllogism” has a practical premise, and to the agent with evil desires no reason can be given that will, by its sheer force as a reason, suffice to make him good. . . .
Aristotle's invocation of happiness, as the final end of human conduct, is essentially correct. Happiness is the single final answer to the question “why do that?,” the answer that survives the conflict with every rival interest or desire. In referring to happiness we refer, not to the satisfaction of impulses, but to the fulfillment of the person. . . .
But what is happiness? Kant dismissed the idea as empty: happiness, he argued, simply stands for the generality of human desires: it means different things for different people, and provides no coherent motive of its own. Following Aristotle, however, I shall propose an idea of happiness as a kind of “flourishing.”Footnote 110
Simon Blackburn makes essentially the same point. Referring to “the [Kantian] view that reasons that are seen only in the pull of the will and of love are not real reasons at all,” Blackburn writes that “when we reflect what a cold picture of human nature that [view] implies, I think we should find it rather sad. . . . We can still do moral philosophy if we recognize that many of our concerns have passion and desire as their ancestors.Footnote 111 Scruton and Blackburn are not alone. I could also quote, for example, philosophers as diverse in their orientations and sensibilities as Charles TaylorFootnote 112 and Richard Rorty.Footnote 113
Like Finnis's natural-law moral philosophy, Kantian moral philosophy seems utterly bereft of the resources needed to provide a plausible secular response to the ground-of-normativity question that engages us here: Do we have conclusive reason to be(come) the sort of person the morality of human rights claims that we should be, a person who strives never to violate any human being, never to treat any human being as if she lacks inherent dignity; a person who strives always to respect the inherent dignity of every human being?Footnote 114
VII. SO WHAT IF THERE IS NO PLAUSIBLE RESPONSE?
Assume, dear reader, that neither Sarah's nor any other religious response to the ground-of-normativity question that engages us here is plausible. Assume, too, that no secular response is plausible. So what? What difference does it make?
Richard Rorty would certainly reject both Sarah's position and Finnis's position, because Rorty rejects any position, secular as well as religious, that relies on the idea of human nature:
[H]istoricist thinkers [ever since Hegel] have denied[:] that there is such a thing as “human nature” or the “deepest level of the self.” Their strategy has been to insist that socialization, and thus historical circumstance, goes all the way down, that there is nothing “beneath” socialization or prior to history which is definatory of the human. Such writers tell us that the question “What is it to be a human being?” should be replaced by questions like “What is it to inhabit a rich twentieth-century democratic society?”Footnote 115
Rorty writes approvingly of “this historicist turn,” which, he says, “has helped free us, gradually but steadily, from theology and metaphysics—from the temptation to look for an escape from time and chance. It has helped us substitute Freedom for Truth as the goal of thinking and of social progress.”Footnote 116 In his embrace of the cause of human rights, Rorty relies on what we may call “Eurocentric” sentiments: the sentiments of twenty-first-century North Americans and Western Europeans. Rorty refers, at one point, to “our Eurocentric human rights culture.”Footnote 117 As Bernard Williams observed:
Rorty is so insistent that we cannot, in philosophy, simply be talking about human beings, as opposed to human beings at a given time. . . . Rorty . . . contrasts the approach of taking some philosophical problem and asking . . . “What does it show us about being human?” and asking, on the other hand, “What does the persistence of such problems show us about being twentieth-century Europeans?”Footnote 118
Rorty counsels that we abandon what he calls “human rights foundationalism,”Footnote 119 which, in Rorty's estimation, has proven a futile project.Footnote 120 Worse, it is an “outmoded” project.Footnote 121 (I understand the project of trying to respond to the ground-of-normativity question to be at least one version of the project Rorty calls “human rights foundationalism.”) There is, Rorty suggests, a better project for those of us who embrace the cause of human rights: “We see our task as a matter of making our own culture—the human rights culture—more self-conscious and more powerful, rather than demonstrating its superiority to other cultures by an appeal to something transcultural,” like human nature, created or evolved.Footnote 122 We should try to convert others to our human rights culture, says Rorty—to our local “we,” to our Eurocentric sentiments and preferences—partly through a process of “manipulating sentiments, [of] sentimental education,”Footnote 123 a process in which we tell “sad and sentimental stories.”Footnote 124 Rorty suggests that:
the rhetoric we Westerners use in trying to get everyone to be more like us would be improved if we were more frankly ethnocentric, and less professedly universalist. It would be better to say: Here is what we in the West look like as a result of ceasing to hold slaves, beginning to educate women, separating church and state, and so on. Here is what happened after we started treating certain distinctions between people as arbitrary rather than fraught with moral significance. If you would try treating them that way, you might like the results.Footnote 125
For many (most?) of us who embrace the cause of human rights, the fundamental wrong done, when the inherent dignity of any human being is not respected—when any human being is violated—is not that our local (“Eurocentric”) sentiments are offended. The fundamental wrong done is that somehow the very order of the world—the normative order of the world—is transgressed:
Outside our philosophical study . . . we don't think we're merely “expressing our acceptance” of norms calling for mutual respect and social justice when we make (sometimes great) personal sacrifices in order to comply with these norms. We act as if we think that the authority of these norms is not “in our heads” or traceable only to social conventions and our (cognitive or affective) reactions to them, but “real.”Footnote 126
For many of us who embrace the cause of human rights, the fundamental wrong done at Auschwitz and the other Nazi death camps, for example, was not that our local sentiments were offended, but that the normative order of the world was violated. Given Sarah's understanding of the normative order of the world, Auschwitz constitutes, for Sarah, a terrible violation of who God is, of what the universe is, and, in particular, of who we human beings are.
Now, we might be quite wrong to believe—it might be a false belief—that the world has a normative order one transgresses whenever one violates any human being. But if we are wrong, if our belief is false—at least, if we have no reason to be other than agnostic about the issue—and if we nonetheless coerce others and perhaps even, at the limit, kill others in the name of protecting the inherent dignity of human beings, then, pace Rorty, are we not coercing and killing in the name of nothing but our local sentiments and preferences, our Eurocentric human rights culture? Does Rorty want us to say something like this: “It's a brutal world out there. It's either them or us—either their sentiments and culture or ours. It's not that might makes right. It's that there is no right, only might. May our might, not theirs, prevail!” Rorty did once say something like that:
[W]hen the secret police come, when the torturers violate the innocent, there is nothing to be said to them of the form “There is something within you which you are betraying. Though you embody the practices of a totalitarian society which will endure forever, there is something beyond those practices which condemns you.”Footnote 127
Against the background of Rorty's comments, let us ask: Should we who embrace the cause of human rights abandon “human rights foundationalism”; should we abandon the project of trying to ground, whether on religious or secular premises, the claim that every human being has inherent dignity and is inviolable? If we were to abandon the project of trying to ground that claim, what would we then be left with? Our Eurocentric sentiments and preferences?Footnote 128 (“When the secret police come. . . .”) How much weight these sentiments and preferences would be able to bear—and for how long—is an open question. Listen to the Polish poet and Nobel laureate, Czeslaw Milosz:
What has been surprising in the post–Cold War period are those beautiful and deeply moving words pronounced with veneration in places like Prague and Warsaw, words which pertain to the old repertory of the rights of man and the dignity of the person.
I wonder at this phenomenon because maybe underneath there is an abyss. After all, those ideas had their foundation in religion, and I am not over-optimistic as to the survival of religion in a scientific-technological civilization. Notions that seemed buried forever have suddenly been resurrected. But how long can they stay afloat if the bottom is taken out?Footnote 129
Perhaps some who have no ground—who find any religious ground implausible but can discern no plausible secular ground—are more confident about their conviction that every human being has inherent dignity and is inviolable than they would be about any possible ground for their conviction. (“I have reached bedrock and this is where my spade is turned.”)Footnote 130 Perhaps some will say that they have no time to obsess about possible grounds for their conviction because they are too busy doing the important work of “changing the world.”Footnote 131 But still this question intrudes: If, as their (bedrock?) conviction holds, the Other, even the Other, truly does have inherent dignity and truly is inviolable, what else must be true; what must be true for it to be true that the Other has inherent dignity and is inviolable? That question brings us back to something I say above: the morality of human rights is deeply problematic for many secular thinkers because that morality is difficult—perhaps to the point of impossible—to align with one of their fundamental convictions, what Bernard Williams called “Nietzsche's thought”: “[T]here is, not only no God, but no metaphysical order of any kind.Footnote 132
Again, the point is not that morality cannot survive the death of God. There is not just one morality; there are many.Footnote 133 The serious question is whether a particular morality—the morality of human rights—can survive the death (or deconstruction) of God. (Was it such a morality Nietzsche saw in the coffin at God's funeral?) Nietzsche's thought (“not only no God, but no metaphysical order of any kind”) and the morality of human rights (every human being has inherent dignity and is inviolable) are deeply antithetical to one another. Which will prevail?Footnote 134