March
5, 2003
Impartiality
In Moral and Political Philosophy
Susan Mendus, Oxford University
"It
is mostly true...with some stretches, as I said before."
Huckleberry
Finn
(This feature contains 2,934 words)
NEW YORK -- In Justice as Impartiality
Brian Barry takes ther position, it is a commonplace that Anglophone
moral and political philosophy has for the past decade been the
scene of a running battle between defenders and critics of impartiality.
Amongst the defenders of impartiality he counts Kantians, utilitarians
and himself. Amongst its critics he counts Bernard Williams and
feminist care theorists.
However, and within the page, Barry has
concluded that this battle (the battle between impartialists and
their critics) is ill joined. He writes: `what the opponents are
attacking is not what the supporters are defending. I believe
that the core contentions of the friends and foes of impartiality
(as they conventionally represent themselves) are equally valid.
If this is so, then there can be no contradiction between them.
Barry's conclusion should surprise us,
for if it is true, then at least ten years of moral and political
philosophy have been largely wasted. However, if the conclusion
is surprising, it is far from novel. I n a 1999 issue of Ethics
devoted to Impartiality and Ethical Theory a number
of the contributors conclude that the debate between partialists
and impartialists is based on a series of confusions and misunderstandings,
that talk of partialism and impartialism does not help to illuminate
our philosophical differences, and that there is far less and
far less deep disagreement between opponents and proponents of
impartialism than is commonly supposed (see, for example, Becker
1999).
Yet not all concur. For some, the differences
between impartialists and their critics do seem to run exceedingly
deep. Bernard Williams, for example, tells us that: the point
is that somewhere... one reaches the necessity that such things
as deep attachments to other persons will express themselves in
the world in ways which cannot at the same time embody the impartial
view, and that they also run the risk of offending against it.
They run that risk if they exist at all;
yet unless such things exist there will nest he enough substance
or conviction in a man's life to compel his allegiance to life
itself.
Life has to have substance if anything
is to have sense, including adherence to the impartial system;
but if it has substance, then it cannot grant supreme importance
to the impartial system and that system's hold on it will be,
at the limit, insecure.
For Williams, and famously, the demands
of an impartial system of morality are ones which can threaten
our ground projects, our deepest commitments to others, and, at
the limit, our motivation for carrying on with life itself.
On the one hand, then, the debate between impartialists and their
opponents is said to represent no more than a series of confusions
and misunderstandings which have very few (if any) interesting
philosophical implications. On the other hand, it is presented
as being of the utmost significance, for it is concerned with
the very terms on which we can find life worth living at all.
My aim in this essay is to show that
partial concerns are indeed the ones which give life substance
and make it worth living, but that those concerns can nonetheless
be reconciled with impartialism. In short, I aim to show that
although the differences between impartialists and their critics
run very deep, reconciliation is possible, and its possibility
lies in a form of impartialism which accords centrality to partial
concerns.
However, before attempting the reconciliation, it is important
to be clear about what exactly is being reconciled with what,
and it is especially important to be clear about the different
forms impartialism takes in political and moral philosophy respectively.
Barry characterizes the battle between
defenders and critics of impartiality as one that runs through
both moral and political philosophy, but if it is a single battle,
it has different ramifications in the two contexts. In political
philosophy, it is closely an estation I associated with the requirement
to treat everyone equally by, for instance, according them equal
rights or granting them equal consideration in the distribution
of social and political benefits. As such, impartialist theories
stand in opposition to political theories which would grant special
rights to some groups on the basis of, for instance, ethnicity,
birth, gender, or status.
Now of course the requirement to give
everyone equal consideration does not rule out all inequalities
as illegitimate but, as Barry emphasizes, it does rule out unmediated
claims to advantage on those grounds. So impartialist political
theory is to be contrasted with theories which would give special
status to members of some groups simply because they are members
of that group and for no other reason.
As such, it may seem to be no more nor
less than the common sense of modern western democrats. But there's
the rub, for (notoriously) modern western democratic societies
do not consist entirely of modern western democrats. On the contrary,
they are multicultural, multiracial, and multi-religious societies
in which very different people must live together harmoniously.
Moreover, and problematically, not all
those who live within an impartialist political system will themselves
subscribe to the principle of equality which, it is said, underpins
impartialism, and the question which then arises is how (if' at
all) can impartialism be commended to those people'?
In political philosophy, therefore, the
task for impartialism is to show why those who are not themselves
impartialist might nonetheless accept an impartialist political
order, why they might accept it as genuinely just, anti why they
might concede that its demands take priority over the conflicting
values endorsed by their own comprehensive conception of the good.
I emphasize the demands imposed by two
requirements of impartialist political philosophy: the permanence
of pluralism and the priority of justice. I argue that these demands
require a careful response, for if impartialist political philosophy
is to show the priority of justice to be more than a modus viventdi
then it must have a moral foundation.
However, if impartialist political philosophy
is to acknowledge the permanence of pluralism, then that moral
foundation cannot be one which implies acceptance of a specific
comprehensive conception of the good.
I take up the question of the moral priority
of impartialism. I note that priority is a vexed issue in political
contexts where not everyone can be assumed to endorse impartiality
as a value. Even where it is endorsed, a problem about priority
may persist.
I recognize this `the normative problem'. It
arises when partial commitments (commitments to particular people
or to projects of one's own) conflict with impartial considerations,
and it is expressed in the agent's self-directed question `why
should I act on the motivation to do what impartial morality dictates
rather than on the motivation to act partially?'
Since this question arises even (indeed
especially) for those who accept the importance of impartial demands,
it forces us to consider the origins and extent of impartial Ism's
motivational power. My claim is that that motivational power derives
from impartialism's ability to accommodate the partial concerns
we have for particular others.
Impartialism can command allegiance only
when it is seen as arising from, and therefore consonant with,
the partial concerns we have for things and people we care about
or love.
Moreover, if this is true for those who
accept the importance of impartiality, it may also be the best
way of commending impartiality to those who do not antecedently
acknowledge its force. I want to spell out this suggestion in
more detail and to show how our partial concerns fog others might
provide a route into impartial morality, or a way of getting it
`off the ground'.
There are good reasons for thinking that
such a form of impartialism may also be commended as congruent
with the good of the agent him or herself. In defending congruence,
I ally myself with the position advanced by John Rawls in A
Theory Justice. It should conform with what Aristotelians
hoped to attain in the good life, moral rhythms in the larger
universe where human nature belonged.
New-World ethics dispensed with all such
external sources of meaning. Having done so, it left us `to work
through the ethical implications of denying all meaning to human
life external to human life itself, and yet to emerge with an
account of how there can be moral reasons for action.
Impartiality is a very significant attempt
to respond to this challenge. Impartialist moral philosophy aims
to show how we can have reason, indeed compelling reason, to be
moral in a world where life has no meaning beyond itself. Impartialist
political philosophy aims to show how we can have reason, indeed
compelling reason, to be just in a world where the very question
of life's meaning is deeply, and permanently, in dispute.
My suggestion is that, in such a world,
we must embrace impartialism in both moral and political philosophy,
but that we must embrace a form of' impartialism which takes seriously
the partial concerns we have for others. This, I believe, is our
best hope of showing why impartial considerations should have
priority, and it is also our best hope of affirming the permanence
of pluralism in good faith.
This is my attempt to explain exactly
how impartialism can command allegiance at the individual level,
and how it can provide a response to the fact of pluralism which
is more than a modus viviendi but less than the assertion
of a specific. and contested, comprehensive conception of the
good.
It is an argument to the effect that, in a
world where life has no meaning beyond itself, we can find both
meaning and morality in the partial concerns we have for particular
others. My aim is to explain the attractiveness of impartialist
philosophy and to show how its demands can be reconciled with
the partial concerns, anti-commitments, that `give life substance'.
In order to do that, however, I must
first say something (however rough and ready) about what impartialism
is and what motivates commitment to it. One powerful and recurrent
theme in the literature is that impartialism reflects a commitment
to equality. Thus.
The requirement of impartiality can take
various, forms, but it usually involves treating or counting everyone
equally in soma respect--according them the same rights, or counting
their good or their welfare or some aspect of it the same in determining
what would be a desirably result or a permissible course of action.
Similarly, Brian Barry associates impartiality
with equality, arguing that the whole idea of justice as impartiality
rests upon a fundamental commitment to the equality of all human
beings.
This kind of equality is what is appealed
to by the French Declaration of the Rights of Man and of the
Citizen and by the American Declaration of Independence.
Only on this basis can we defend the claim that the interests
and viewpoints of everybody concerned must be accommodated' (Barry
1995:8). And
John Rawls, too, understands impartiality
as requiring that we judge `in accordance with principles without
bias or prejudice...choosing a conception of justice once and
for all in an original position of equality (Bawls 197 t : r 90,
emphasis added). Impartialist political philosophy, then, is a
way of spelling out, and indeed living out, our belief in the
fundamental equality of all human beings.
However, this widespread agreement about
the centrality of impartiality. and about its grounding in equality,
is coupled with widespread disagreement about the best way of
realizing it. Famously, Rawls rejects the utilitarian suggestion
that impartiality is to be attained by taking each person to account
because, he says, such a procedure undermines the separateness
of persons and reduces impartiality to impersonality.
Crudely, his complaint is that utilitarianism,
so interpreted, can legitimize sacrificing some people in the
name of greater overall benefit. When this happens the losers
do not, in fact,count. One principle of utility asks is that...
we accept the greater advantages of others as sufficient reason
for lower expectations over the whole course of our life.
This is surely an extreme demand. In
fact, when society is conceived as a system of cooperation designed
to advance the good of its members, it seems quite incredible
that some should be expected, on the basis of political principles,
to accept lower prospects of life for the sake of others.
It is for a similar reason that Brian
Barry also rejects the so-called `impartial spectator'
interpretation of impartiality and, following Scanlon, urges instead
an interpretation which emphasizes reasonable agreement: `principles
of justice that satisfy the [reasonable agreement] condition are
impartial' he writes `because they capture a certain kind of equality:
all those affected have to be able to feel that they have done
as well as they could reasonably hope to.
For both Barry and Rawls, the best way
of understanding impartialist commitment to the equality of all
human beings is via the concept of reasonable agreement. Since
the losers in such an agreement recognize that they could not
reasonably have expected to do better under any alternative arrangement,
the principles of justice that are delivered can properly be said
to have taken everyone's interests into account, and thus to have
reflected the commitment to equality that lies at the heart of
impartialism.
Political impartialism, then, is informed by a concern for and
commitment to equality: some (for example, some utilitarians)
think that this commitment is best honoured by taking each to
count for one, and summing the overall benefit. Others (notably
contractarians) think that it is best honoured by asking what
it would be reasonable for people to agree to in appropriate conditions.
But whatever the best way of honouring it, impartialist political
philosophers seem to be agreed that it is indeed the value of
equality which underpins and explains the attractiveness of impartiality.
Moreover, this same understanding of impartiality
as grounded in equality is also to be found in moral philosophy.
In a 199 i Ethics symposium on `Impartiality and Ethical Theory
' Barbara Herman traces the origins of impartialism in ethical
theory to `the fundamental moral equality of agents', and in his
book, Friendship, Altruism and Morality, Lawrence Blum
writes `the moral point of view involves impartiality regarding
the interests of all, including oneself. It involves abstracting
from one's own interests and one's particular attachments to others.
To be moral is to respect others as having equal value to oneself,
and as having an equal right to pursue their own interests'.
In both moral and political philosophy,
therefore, impartiality reflects a commitment to equality, even
though the way in which that commitment is to be made manifest
is a matter of dispute. But if impartialism generally is a way
of reflecting commitment to the equality of all human beings,
political impartialism is restricted in at least two, and arguably
three, significant ways.
First, it confines itself to questions
of justice, where justice is only one value amongst others (it
is only a part of' morality, not the whole of it). By confining
itself to questions of justice, political impartialism displays
a restriction in subject mutter. Necona, political impartialism
construes justice as being centrally concerned with the distribution
of benefits and burdens by the state. It is not, or not primarily,
concerned with the ways in which individuals behave towards one
another, but rather with the principles on which society as a
whole should operate. Political impartialism is therefore
restricted in scope.
Finally political impartialism focuses
on questions of justification, not on questions of motivation.
It is interested in the legitimacy of the principles adopted by
society, not with the question of what moves individuals to act
justly. So political impartialism is restricted in aim: it is
concerned with justification, not with motivation.
Or is it? It is here that controversy begins,
for although the restriction on aim is widespread in political
impartialism, it is by no means universal: some political philosophers
see their task as being simply to justify the principles which
should regulate the distribution of benefits and burdens in society,
but others believe that it is equally important for impartial
political philosophy to address the motivational question.
This difference is an important one for
my overall project because I want to suggest that questions of
justification cannot be kept separate from questions of motivation,
and I also want to claim that this fact has implications for the
possibility of defending political impartialism outside the context
of a defence of moral impartialism more generally.
Broadly speaking, I will argue that any
attempt to justify political impartialism necessarily raises motivational
questions, and those motivational questions are ones that ultimately
require us to defend political impartialism, within the wider
context of a defence of moral impartialism.
Therefore, I shall now suggest that political
impartialism cannot confine itself to justifcatory questions,
but must also engage with questions of motivation.
_________________________________________
Furthr readings:
Barry, B., (1995) 'Justice as Impartiality' ( Oxford, Oxford
Univ. Press).
Barry, B. (1995A)'John Rawls and the Search for Stability',
Ethics 105/4:874-925
Becker, L., (1991) "Impartiality and Ethical Theory", Ethics,
101/104: pp 698-700.
Kant, I., (1964) "The Doctrine of Virtue: Part II of the Metaphysic
of Morals," ed.M. Gregor, (Univ of Penn.).
Scanlon, T.M., (1998) "WhatWe Owe to Each Other" (Cambridge,
Mass. Harvard Univesity Press.)
Twain, Mark, (1950) "The Adventures of Huckleberry Finn"
(London :Dent)
[Editor's
Note: This great new book"Impartiality in Moral and Political
Philosophy" is available on the shelf at Fresno State's
Henry Madden Library this week.
Ask for: Call No. JC 578 437 2002.
Tell the Librarian you read this review in the Bulldog Newspaper.]