Digifesto

One thing that’s become clear to me lately is that I now believe that ethics can be naturalized. I also believe that there is in fact a form of ‘natural law’. By this I mean that that there are rights and values that are inherent to human nature. Real legal systems can either lie up to natural law, or not.

This is not the only position that it’s possible to take on these topics.

One different position, that I do not have, is that ethics depends on the supernatural. I bring this up because religion is once again very politically salient in the United States. Abrahamic religions ground ethics and morality in a covenant between humans and a supernatural God. Divine power authorizes the ethical code. In some cases this is explicitly stated law, in others it is a set of principles. Beyond divine articulation, this position maintains that ethics are supernaturally enforced through reward and punishment. I don’t think this is how things work.

Another position I don’t have is that there is that ethics are opinion or cultural construction, full stop. Certainly there’s a wide diversity of opinions on ethics and cultural attitudes. Legal systems vary from place to place. This diversity is sometimes used as evidence that there aren’t truths about ethics or law to be had. But that is, taken alone, a silly argument. Lots of people and legal systems are simply wrong. Moreover, moral and ethical truths can take contingency and variety into account, and they probably should. It can be true that laws should be well-adapted to some otherwise arbitrary social expectations or material conditions. And so on.

There has historically been hemming and hawing about the fact/value dichotomy. If there’s no supernatural guarantor of ethics, is the natural world sufficient to produce values beyond our animal passions? This increasingly feels like an argument from a previous century. Adequate solutions to this problem have been offered by philosophers over time. They tend to involve some form of rational or reflective process, and aggregation over the needs and opinions of people in heterogeneous circumstances. Habermas comes to mind as a one of the synthesizers of a new definition of naturalized law and ethics.

For some reason, I’ve encountered so much resistance to this form of ethical or moral realism over the years. But looking back on it, I can’t recall a convincing argument for it. I can recall many claims that the idea of ethical and moral truth are somehow politically dangerous, but that this not the same thing.

There is something teleological about most viable definitions of naturalized ethics and natural law. They are would would hypothetically be decided on by interlocutors in an idealized but not yet realized circumstance. A corollary to my position is that ethical and moral facts exist, but many have not yet been discovered. A scientific process is needed to find them. This process is necessarily a social scientific process, since ethical and moral truths are truths about social systems and how they work.

It would be very fortunate, I think, if some academic department, discipline, or research institution were to take up my position. At present, we seem to have a few different political positions available to us in the United States:

• A conservative rejection of the university of being insufficiently moral because of its abandonment of God
• A postmodern rejection of ethical and moral truths that relativizes everything
• A positivist rejection of normativity as the object of social science because of the fact/value dichotomy
• Politicized disciplines that presume a political agenda and then perform research aligned with that agenda
• Explicitly normative disciplines that are discursive and humanistic but not inclined towards rigorous analysis of the salient natural facts

None of these is conducive to a scientific study of what ethics and morals should be. There are exceptions, of course, and many brilliant people in many corners who make great contributions towards this goal. But they seem scattered at the margins of the various disciplines, rather than consolidated into a thriving body of intellect. At a moment where we see profound improvements (yes, improvements!) in our capacity for reasoning and scientific exploration, why hasn’t something like this emerged? It would be an improvement over the status quo.