Surrender in The Fountainhead

By Carrie-Ann Biondi

It’s my contention, which may sound counter-intuitive to many Objectivists, that the title of this post is not an oxymoron.(1) Isn’t “surrender” a case of giving oneself up to an enemy, relinquishing ones’ values, giving in to the less-than-best? Isn’t that immoral on Ayn Rand’s view? Well, it depends on what one means by “surrender.” Rand was sensitive to and used multiple senses—both positive and negative—of the word “surrender.” After combing through The Fountainhead with this issue in mind, I was surprised to find at least fifteen instances of this word throughout the novel and that most of the uses are positive ones. There are three contexts of use, with one being negative and two being positive. I’ll describe and briefly analyze these three contexts of use, and conclude both that Rand by far uses “surrender” in a positive way and that she is right to do so. (2)

First, here is the negative use of “surrender,” when it means to give up one’s values. There are only a few places where this occurs, most prominently in relation to Peter Keating and Ellsworth Toohey. One instance occurs when Peter visits Howard Roark after he is fired from John Eric Snyte’s firm and then opens his own office:

Keating wondered why he should experience that sickening feeling of resentment; why he had come here hoping to find the story untrue, hoping to find Roark uncertain and willing to surrender (p. 130).

Another instance is when Ellsworth counsels giving in to flings rather than pursuing true love:

When consulted on love affairs, Toohey counseled surrender, if it concerned a romance with a charming little pushover, good for a few drunken parties . . . and renunciation, if it concerned a deep, emotional passion (p. 302).

In both of these cases, Peter and Ellsworth hope that others will pragmatically surrender in cowardly fashion either to convention or meaningless whims. In short, they hope that others give up on being people of devoted principle. Both of them are viciously motivated. Peter, who is second-handed, lacks integrity and resents Howard’s independence and sterling character. Ellsworth desires to control others and gets perverse pleasure from emotionally manipulating others so that they will become dependent on him. Peter is one of his victims in this regard.

Second, here is the most common positive use of “surrender,” which occurs in a sexual context and reflects Rand’s views about the passionate response of one romantic partner to another. While Rand focuses primarily on a female’s surrender or submission to a man, she also has an interesting scene where Howard surrenders to Dominique Francon, so I include that here as an illustration of Rand’s broader point about the nature of romantic love. Its occurrence is always between Howard and Dominique. Here are a few examples (though there are at least six like this):

It was an act that could be performed in tenderness, as a seal of love, or in contempt . . . . He did it as an act of scorn. Not as love, but as defilement. And this made her lie still and submit. One gesture of tenderness from him—and she would have remained cold, untouched by the thing done to her body. But the act of a master taking shameful, contemptuous possession of her was the kind of rapture she had wanted. Then she felt him shaking with the agony of a pleasure unbearable even to him, she knew that she had given that to him, that it came from her (p. 218).

Then she looked at him. She stood naked, waiting, feeling the space between them like a pressure against her stomach, knowing that it was torture for him also and that it was as they both wanted it. Then he got up, he walked to her, and when he held her, her arms rose willingly . . . her mouth on his, in a surrender more violent than her struggle had been (p. 274).

She tried to demonstrate her power over him. She stayed away from his house; she waited for him to come to her. He spoiled it by coming too soon; by refusing her the satisfaction of knowing that he waited and struggled against his desire; by surrendering at once. . . . He would lie at her feet, he would say: ‘Of course I need you. I go insane when I see you. You can do almost anything you wish with me.’ . . . The words did not sound like surrender, because they were not torn out of him, but admitted simply and willingly (p. 311).

Patricia Neal and Gary Cooper in The Fountainhead

While some commentators have found problematic the violence mingled with pleasure in passages like these, what is clear from both the larger context of the novel and Rand’s own remarks (3) is that she intended this kind of intensely pleasurable form of surrender as a positive experience. Despite the inverted language that Dominique uses at times (as the internally conflicted person she is for almost the entire novel), she loves Howard. Their love-making is an ecstatic submission of the best in Dominique to what she adores most in Howard. This is Dominique at her most whole-hearted until she resolves her internal conflict at the end of the novel, when she finally embodies with ease a desire for unified happiness in public and across her whole life, awakening at last “with the sun in her eyes”: “[S]he knew that she could not have reached this white serenity except as the sum of all the colors, of all the violence she had known. ‘Howard . . . willingly, completely, and always . . . without reservations, without fear of anything they can do to you or me’” (p. 669). As Lloyd Drum remarks, “Ultimately Dominique’s surrender contains all of the basic themes of The Fountainhead. It is more than a surrender of the body to bodily pleasure. It is a surrender of the soul to the ecstatic possibilities of the human spirit.” (4)

Third, here is the less common positive use of “surrender,” but which is arguably the most general and powerful. It concerns the sense of surrender that, as Joshua Zader insightfully notes, is “closely aligned” with love and occurs “in some spiritual and personal growth traditions.” (5) There are three instances when Howard, Dominique, and Gail Wynand each surrender out of love, but not in a sexual context. The first instance occurs when Steve Mallory is working on the sculpture of Dominique for the Stoddard Temple, but without much luck until Howard walks into the back of the room: “Then he saw what he had been struggling to see all day. He saw her body standing before him, straight and tense, her head thrown back, her arms at her sides, palms out, as she had stood for many days; but now her body was alive . . . a proud, reverent, enraptured surrender to a vision of her own, . . . the moment touched by the reflection of what she saw” (p. 336).

Joan of Arc, 1879, Jules Bastien-Lepage (Metropolitan Museum of Art, NY)

The second instance occurs when Howard relaxes after a swim at the home he has built for Gail and Dominique: “She [Dominique] thought: This is the tribute to Gail, the confidence of surrender—he relaxes like a cat—and cats don’t relax except with people they like” (p. 586).

The third instance occurs when Gail reflects on his power in relation to Howard while they are on a cruise together on Gail’s yacht: “As he stood at the rail, watching Roark in the water, he thought of the power he held in this moment: he could order the yacht to start moving, sail away and leave that redheaded body to sun and ocean. The thought gave him pleasure: the sense of power and the sense of surrender to Roark in the knowledge that no conceivable force could make him exercise that power” (p. 603).

What is striking about this third use of “surrender” is the experiential and moral rightness of it. Somehow, this is not a giving in to some force external to one’s agency, but rather, is a profound expression of one’s deepest sense of self. These three individuals are most truly themselves when they surrender to a love they feel for one another that is rooted in a love of their own best selves. I find Scott Schneider’s gloss on this idea helpful: “In all three cases, the surrender is of one’s will to emotions/values. In the negative case, they are false values or anti-values. In the positive cases, struggling against these values would be contradictory, since the values in question go to the person’s core, and surrender is the recognition of that.” (7)

Surrender as an integrative expression of one’s highest values can be seen as a spiritual journey toward self-understanding, growth, and wholeness. When commissioned by Hopton Stoddard to build the Stoddard Temple, Hopton articulates (as the conduit for Ellsworth’s planted words) the non-religious spirituality that Howard has about his self/work in the face of Howard’s admission that he does not believe in God:

We want to capture—in stone, as others capture in music—not some narrow creed, but the essence of all religion. . . . The great aspiration of the human spirit toward the highest, the noblest, the best. The human spirit as the creator and the conqueror of the ideal. The great life-giving force of the universe. The heroic human spirit. . . . You’re a profoundly religious man, Mr. Roark—in your own way. I can see that in your buildings. . . . [W]hat I want in that building is your spirit . . . , Mr. Roark. Give me the best of that (pp. 319-20).

Howard is then described as having “learn[ed] something about himself, about his buildings, from this man who had seen it and known it before he knew it” (p. 320). This is the very thing that Henry Cameron also saw and told Howard about at a more fundamental level, when he saw a photo of Howard’s first office shingle “Howard Roark, Architect”:

And I know that if you carry these words through to the end, it will be a victory, Howard, not just for you, but for something that should win, that moves the world—and never wins acknowledgement. It will vindicate so many who have fallen before you, who have suffered as you will suffer. May God bless you—or whoever it is that is alone to see the best, the highest possible to human hearts (p. 133).

All of these religious/spiritual words are Rand’s own way of reaching toward something about the self, a loving embrace of one’s true self in its richest complexity that often reaches and moves beyond discursive, conscious thought. If we trust, perhaps surrender, to the best within us and listen to what it shows us, then we can grow as individuals and in connection with the best in others. “[T]he highest possible to human hearts” is found there in those places beyond words in the world and in our self in that world. It is often precisely consciously held beliefs—false ones—that get in the way of individual wholeness. The examples of Dominique and Gail show this point. They both fight Howard tooth and nail because of their fears and false beliefs. Dominique’s salvation is that she finally embraces in a fully embodied and integrated way her love of what Howard rather than Gail stands for. She finally gets one of Ralph Waldo Emerson’s maxims, which could have been uttered by Rand: “Trust thyself: every heart vibrates to that iron string. . . . It is easy in the world to live after the world’s opinion; it is easy in solitude to live after our own; but the great man is he who in the midst of the crowd keeps with perfect sweetness the independence of solitude.”

Many might not be comfortable with Rand’s uses of “surrender” in The Fountainhead, but her carefully chosen language is undeniably there and needs to be contended with for what it is. The language of surrender provides insight into what it means for heroic man to be a person of “self-made soul” and to become who he potentially is.

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(1) This essay began as a July 29, 2014 Facebook post of mine, “Surrender in The Fountainhead,” in partial response to a more general Facebook discussion on the nature of submission, surrender, and obedience and whether any of these could be compatible with Objectivist principles concerning rationality and choice. I would like to thank various participants in both the general and specific discussions for their thoughts and feedback on this topic. My gratitude especially goes to Kurt Keefner for engaging in extended discussion on this topic and his generous invitation to share his blog space, and to Joshua Zader for his feedback on and promotion of these discussions.

(2) All citations to The Fountainhead are to the 1971 New American Library edition.

(3) For example, Rand’s remarks such as rape’s being “a dreadful crime” and “if it’s rape—it’s rape by engraved invitation,” seem intended to convey the consensual nature of Dominique’s sexual surrender to Howard; see Letters of Ayn Rand, ed. Michael Berliner (New York: Plume, 1997), pp. 282 and 631. (The second image in the post depicts that scene as portrayed by Gary Cooper and Patricia Neal in the film version of The Fountainhead.)

(4) Lloyd Drum, July 29, 2014 comment on my July 29, 2014 Facebook post “Surrender in The Fountainhead.”

(5) Joshua Zader, July 29, 2014 comments on his Facebook re-posting of my July 29, 2014 Facebook post “Surrender in The Fountainhead.”

(6) This description of Dominique reminds me of the painting “Joan of Arc” that I chose to include above in this post. It’s stunning to see in person, especially her eyes beholding a vision of her own. The painting is Jules Bastien-Le Page’s “Joan of Arc” (1879), Metropolitan Museum of Art, New York, New York.

(7) Scott Schneider, July 29, 2014 comment on my July 29, 2014 Facebook post “Surrender in The Fountainhead.”

The concept of “surrender” in Ayn Rand’s Fountainhead: A Discussion

I’m not on Facebook, but most of my friends are, and some of them tell me that genuinely philosophical discussions take place there. I wasn’t apt to believe that until co-blogger Carrie-Ann Biondi drew my attention to an extended discussion she’d had on Facebook with her friend Kurt Keefner (and others) on the concept of “surrender” in Ayn Rand’s Fountainhead. Eventually, their discussion turned into a series of essays. In the spirit of seeing-as-believing (it isn’t, but never mind) Carrie-Ann, Kurt, and I have decided to cross-post the essays, Carrie-Ann proposing an interpretation of Rand-on-surrender, and Kurt commenting on it–including the exquisite graphics both of them used to supplement what they wrote. Though the original discussion began sometime in July on Facebook, the essays were first posted yesterday at Kurt’s blog, “Become Who You Are.”

Carrie-Ann, as I’ve mentioned before, is an Associate Professor of Philosophy and Chair of the Department of Philosophy and Religious Studies at Marymount Manhattan College. She’s also my co-editor at Reason Papers (which I swear to God is coming out imminently), and co-director at our (still-fledgling) Metro-Area Research Workshop of New York and New Jersey. She was also co-director with me of the now-defunct Institute for Objectivist Studies, and has put up with me for many years in a variety of other ways. She’s published academic work on Aristotle’s Politics, on patriotism, and on Harry Potter (among other things), and has interests (as you’re about to read) in the work of Ayn Rand.

I’ve never met Kurt before in person, but I know him by his work and e-reputation, and can remember having one very illuminating e-conversation with him about fifteen years ago about Rand and/versus Nozick on rights as “boundaries” (cf. Anarchy, State, and Utopia, p. 57). His blog is a trove of insights on topics related to ethics and literature, and he’s the author of an imminently forthcoming book called Killing Cool: Fantasy Versus Reality in American Life.   

I’ll be posting their essays–you guessed it–imminently.

Late Afternoon Thoughts on Listening to Mozart’s Requiem

I’ve been attending the Mostly Mozart Festival in New York for about twenty years now, and spent Friday night at its penultimate performance of the season–Bach’s “St. John’s Passion,” Frank Martin’s “Polyptyqe,” and Mozart’s Requiem. Here’s a nice write up. A few random thoughts:

1. The festival is financially supported by a long list of corporate and private donors, and by The New York State Council on the Arts. A real, rather than rhetorical question: is state funding really financially necessary to put on the Mostly Mozart Festival? Or is it there so that, for political reasons, the imprimatur and funding of the state is implicated in the festival, in order to create an inextricable link between state funding and otherwise private artistic performance?

2. The Bach and the Mozart were, of course, traditionally tonal; the Martin piece, composed in 1973, was dodecaphonic, or twelve-tonal–interesting, but certainly harder to listen to. The Martin piece was played by the violinist Patricia Kopatchinskaya, who performed it barefoot, in a rather odd-looking (but not at all unpleasant) dress, reminding me, in her performance style, of a cross between AC/DC’s Angus Young and Helena Bonham Carter’s portrayal of Elizabeth in the 1994 film version of Mary Shelley’s Frankenstein.  (I mean that as a compliment on both counts).

little-superJumbo

The enjoyable result was a bit like listening to contemporary classical religious music performed by a crazed shred metal guitarist–a first for me.

I suppose it’s one of my idiosyncratic obsessions, but I couldn’t help reflecting, even in my enjoyment of the concert, on the inadequacies and missed opportunities of Ayn Rand’s writings on aesthetics. Nothing in Rand’s Romantic Manifesto prepares one for an experience of the kind I had at the concert, and a great deal in the book militates against it.  What is one to make of a book on aesthetics that offers a theory of music but makes no reference either to Bach or Mozart? And however unconventional one might find Frank Martin’s music, it (and music like it) surely deserved more engagement than Rand’s dismissive, moralistic rhetoric in that book would suggest. I realize that there’s recently been some interesting revisionary work on Rand’s aesthetics, and I’m the first person to say that her Romantic Manifesto contains some brilliant ideas (along with the fatuous ones). But on the whole, I’m inclined to think that Rand’s aesthetic writings are a dreary, joyless, and depressing affair, which detract at least as much from aesthetic experience as they contribute to it–something I often find myself thinking in the midst of novel-but-enjoyable aesthetic experiences like the one I just had. I wonder whether others influenced by Rand’s writings have had similar reactions.

3. A parting thought: as I watched the chorus and soloists make their way through Mozart’s Requiem, I couldn’t shake the thought that they all looked like children: they looked the way children do when performing on stage for the first time, beaming rapturously and ingenuously at the audience, engrossed in the performance, but thoroughly enjoying the attention being lavished on them–with the difference that these children had the musical skills of phenomenally talented adult professionals. I also can’t help thinking that a scene like that is part of what makes life worth living–and, I guess, part of what will supply the inspiration I’ll need to teach the six course load I have this semester. Classes start Wednesday.

Ferguson continued: answers to second-order questions

Here, as promised, are answers to some (not all) of the questions I posed about Ferguson in an earlier post. I’ve focused here on second-order questions about the shooting. The first-order questions are mostly, as I’ve already suggested, unanswerable at this stage of the case.

5. Must we always wait for a verdict before passing judgment on a criminal case?

I think there ought to be a default rule of waiting for a verdict in a criminal trial before passing judgment on matters of guilt or innocence. The principle here is that the accuser bears the burden of proof, and the accused has to be presumed innocent until the accuser meets the burden of proof. In criminal trials, the burden of proof is guilt beyond a reasonable doubt, a fairly high standard as I understand it.

A great deal of the evidence in a criminal case is bound to be in the hands of the contending parties in the case, and for a variety of reasons may not (often is not) publicly disclosed to the media (despite the impression one gets that the media has the ‘inside scoop’ on a case). So declarations of guilt or innocence about criminal cases prior to a legal verdict are bound to be premature, counter-productive, and encouraging of bad epistemic habits.

There are exceptions to this general rule. In some cases, guilt (or innocence) may be transparent enough to obviate the need for a trial, at least as far public, non-legal discussion is concerned. But I think such cases are rarer than people tend to think, because even putatively transparent evidence can be highly ambiguous.

In some cases, a trial may not be possible, and yet a ‘verdict’ of some kind is necessary in order to take action to deal with an undeniable threat to one’s rights. I don’t think, for instance, that the US or Pakistan needs to put the Taliban on trial before deciding to launch drone attacks on them. Nor do I think that ‘extrajudicial murder’ is involved in killing Taliban militants. Unlike the metaphorical talk about Ferguson as a ‘war zone’, northwestern Pakistan really is a war zone (as is Gaza). But de facto war zones involve a de facto reversion to (a Lockean) State of Nature, where lower epistemic standards are both necessary to defend one’s rights against clear-cut aggression, and morally justified. One of the reasons I object to talk of Ferguson as a ‘war zone’ (or comparisons of Ferguson to, say, Gaza) is that such talk induces us to regard Ferguson as a place where lower epistemic standards are prematurely justified.  It also induces us to compare like with unlike. But Ferguson is not Waziristan or Gaza. Comparisons of the two are wrongheaded and irresponsible.

It might be objected that a criminal case can drag on for decades as a defendant exhausts his appeals. Should we wait until the last appeal is in to pass judgment? I think that has to be decided on a case-by-case basis. The principle I would adopt is to regard the first jury (or bench) verdict in the case as defeasibly conclusive unless there are reasons to suspect the bona fides of the case. If there are reasons for suspicion, one simply has to wait until they’re resolved, and that can require decades. (I realize that ‘defeasibly conclusive’ is an odd phrase in need of explication, but I think most Policy of Truth readers will understand it, if only because its readers are (a) an extraordinarily sophisticated bunch, and (b) number in the double digits.) It’s worth remembering that the Innocence Project has demonstrated the innocence of people who had previously gotten what seemed like conclusive verdicts of guilt—decades after the fact. The Central Park Five are a vivid example, but for a particularly heart-wrenching and weirdly counter-intuitive example, I’d suggest reading chapter 11 of Kathryn Schulz’s excellent 2010 book Being Wrong: Adventures in the Margin of Error. (Schulz’s chapter is a nice confirmation of Kathleen Wilkes’s insight that real-life cases are often more clarifying than thought experiments.)

[Postscript, September 4, 2014: Here is yet another in the endless litany of exonerations of previously-convicted people who had gotten what had seemed a conclusive verdict of guilt. I discuss a related sort of case from my own personal experience here.]

It might be objected that since courts err, it’s a mistake to wait for a court verdict before forming a judgment on a criminal matter. But it seems to me that the dangers of error are much higher if one doesn’t wait.

Finally, one might object that civil trials, including trials for wrongful death, involve a lower standard of proof than criminal trials, so why not follow suit? I actually have a moral objection to the use of lower standards of proof in civil trials, and find it objectionable that in the American system, one can try the same case twice in two different court systems. So I reject the premise behind the objection. On the view of punishment I favor, there would be no distinction between civil and criminal trials: there would be one trial per case focused on what I think of punitive rectification of the rights violation. (My definition of ‘punishment’ stands outside what I take to be the retributivist monopoly on definitions of that term.)

In the case of Ferguson, I think it’s obvious that the initial rule stands. Where we have a series of ongoing investigations into a criminal matter, it makes no sense to ‘take sides’ or even give the appearance of doing so, not just in advance of the trial, but in advance of the conclusion of the initial investigation. But partisans on both sides have done that re Ferguson.

Consider some of the attitudes expressed in this news item, expressing “support” for Darren Wilson.** At this stage of things, Wilson could either be entirely innocent or a cold-blooded racist killer, or something in between. ‘To take his side’ is to gamble that he is innocent when he could be guilty. To do that is to play Russian roulette with one’s moral and epistemic faculties.

On the other side, consider the attitudes expressed by Michael Eric Dyson in this news item. It’s not enough for Dyson that President Obama wants to wait for the findings of an investigation underway. Apparently, virtue requires Obama to become the blowhard identity-politics version of George W. Bush: he has to meet the violence of what is happening in the streets with rhetorical violence that ups the ante. For a reductio ad absurdum of the view he’s adopting, I’d suggest Dyson’s spending some time in the streets of Islamabad, Pakistan with the supporters of Imran Khan and Muhammad Tahir ul Qadri ,where tens of thousands of passionate but completely mindless protesters are besieging the presidential residence* in order to overthrow democracy in the name of democracy, but cannot articulate either the nature of their grievances, or what they want done in rectification of ‘them’. Whether he realizes it or not, those mindless crowds are the perfect expression of the politics Dyson has in mind. (Incidentally, the supposed contrast Dyson draws between Holder and Obama does not seem to me to be borne out by the facts).

In answer to both sets of partisans, I’d suggest reading Gary Alan Fine and Patricia Turner’s excellent book, Whispers on the Color Line: Rumor and Race in America, which describes the ease with which untrammeled passion leads to rumors, and rumors in turn fuel race riots. My favorite line in the book: “Ultimately, we, the public, are the agents of justice, and we must strive not to be blind” (p. 209). Both Wilson’s supporters and people like Dyson are practically suborning blindness in the rest of us.

[Postscript, August 27, 2014: Two items in today’s New York Times serve as a useful pair of footnotes to what I said here. A letter by Norman Siegel (former director of the American Civil Liberties Union) nicely reiterates some of the themes of my argument, but an op-ed by Erwin Chemerinsky (Dean of the Law School at University of California, Irvine) suggests the need for some qualifications to what I said.

Chemerinsky argues, plausibly, that the judicial deck is stacked against anyone who wants to hold police officers and other government officials responsible for civil rights violations. I’m not qualified to offer an opinion as to the legal merits of Chemerinsky’s argument, but if he’s right, we need to distinguish between two different reasons for waiting for a legal verdict before passing moral judgment on a legal case: (1) an evidence-based reason: we won’t have full access to the evidence until the verdict has been handed down; (2) a quasi-positivist reason: the legal verdict is constitutive of the facts re guilt or innocence. I’m defending (1), not (2). I doubt that anyone would defend a literal version of (2), but it’s worth stating explicitly, so as to differentiate it sharply from (1). The point is that courts have better access to the evidence relevant to guilt or innocence than does the general public (and the press), not that court verdicts magically “make” people guilty or innocent of the crimes for which they’ve been charged. Of course, even (1) is only true as a general rule; given the exclusionary rule, courts sometimes exclude relevant evidence from consideration, thereby handicapping their own access to the truth. But the point is, they have access to the relevant evidence.  In other words, the overarching point I’m making is primarily epistemic, not legal.]

6. Can it ever be justified to use a weapon against, or shoot, an unarmed person?

I think it can. One of the better arguments of gun enthusiasts is that firearms level the ‘playing field’ between large and menacing (but unarmed) assailants and the rest of us. And the argument makes good sense. If you have reason to believe that an assailant means you serious harm, and you have no other means of escape, I think you can resort to the use of a firearm. But where possible, you must limit the damage you do to your would-be assailant. What needs an explanation in the case of Ferguson is why Brown was hit with six rounds when one would have sufficed. On the face of it, I can’t imagine a legitimate reason for Wilson’s firing six shots at Brown (he might have lived if he’d been hit with one instead of six), but I’ll leave that to the forensics experts to unravel.

In general, however, I’m surprised by how many stories I’ve read over the years of suspects being shot by multiple rounds, the Amadou Diallo case being the most jaw-dropping example. It almost sounds like a joke: How many armed cops does it take to disable a man? How many rounds does it take to neutralize a human threat? Reading some of these stories, one gets the impression that the police regard criminal suspects in the way that big-game hunters regard big game. It might take six shots to take out a charging lion, but should it take that many to take out a charging human?

7-8. Should the video of Michael Brown’s robbing or stealing from a convenience store before the shooting have been released? Is it relevant to the case?

Eric Holder has described the United States as a “nation of cowards” for its unwillingness to discuss matters of race. Personally, I think there is cowardice in Holder’s suggestion that the video allegedly showing Michael Brown engaged in a convenience store robbery ought not to have been released to the public. I so far have not heard a plausible explanation for why the video ought not to have been released, aside from the claim that doing so would upset people. I find it remarkable after all of the criticism of the hyper-sensitivity of people in the Islamic world (e.g., the Muhammad cartoons, the anti-Satanic Verses protests, etc.) the Attorney General of the United States thinks that the American people have to be infantilized in the same fashion: if the disclosure of information will upset them, the information ought, in deference to their sensitivities, be concealed.

Why not say the same thing about the conversation about race that Holder envisions? Discussions about race might upset some people, too. Why isn’t their prospective ‘roiling’ a good reason for not having such discussions? If white people threatened, en masse, to take to the streets at the disclosure of some untoward fact about Wilson’s life, would that justify concealing it? Many untoward facts (some of them not quite facts) were revealed about George Zimmerman in the wake of the Trayvon Martin case, not all of them obviously relevant to the case. Should they all have been concealed? (The same was true of Conrad Murray, by the way.) Why should anyone think concealment is justified in the current case?

I think the video of Brown’s robbing the convenience store is potentially relevant to the case. Though Wilson stopped Brown for jaywalking rather than robbery, the official police timeline suggests that he was aware that the robbery had taken place, and that he suspected that Brown and his companion, Johnson, were the robbers (or thieves, depending on how you want to describe the event in the store: I’m not convinced it was robbery). There is obvious reason to fear a robber more than one fears a jaywalker. If Brown was high on pot, there is additional reason to think that his judgment was impaired. Nothing in the way of justice is gained by trying to cover up these facts, or possibilities, whichever they turn out to be.

9. Is it too easy for the Darren Wilsons of the world to get away with murder?  

This question in effect goes back to question (1) in the original list. It’s possible that even if Wilson ends up being guilty of murdering Brown, there might (in the nature of the case) be insufficient evidence to convict him of a crime because the evidence falls below the threshold of being beyond a reasonable doubt (or being a civil rights violation in the civil context).

Suppose that that’s so, and that a jury hands back a verdict of ‘not guilty.’ Legally, of course, we’d have to treat Wilson as not-guilty. But outside of strictly legal contexts, are we justified in regarding him, in effect, as going through the rest of his life trailed by a cloud of suspicion? Depending on how the evidence turns out, I think we might be. That is in effect the current predicament of George Zimmerman. Even people who accept the verdict in the Zimmerman case might have their doubts about whether he is genuinely innocent in the moral sense. I do. Zimmerman may not have murdered Martin, but he had no business pursuing him after he (Zimmerman) had called the police. He should have stayed put, and his failure to do so strikes me as morally culpable, even if it isn’t legally adjudicable. Something similar would (on this scenario) end up being true of Wilson. Even if he ends up being legally innocent, he might end up being morally culpable of some non-legal infraction, and if so, that suspicion would (and should) follow him in our judgments of him thereafter. A legal finding of non-guilt doesn’t necessarily wash away all evidence of or suspicion of moral wrongdoing. The hard fact of the matter is that a legal finding of non-guilt doesn’t even necessarily wash away all suspicion of criminality, a fact with complex ramifications I can’t do justice to here.

10. Should the testimony of police officers weigh more heavily than those of criminal suspects?

This might have been a tendentious question on my part, but in any case, I regard the answer as obvious. I don’t know the specifically legal status of this rule (or if it’s even a ‘rule’), but I’ve seen it applied often enough in courts of law here in New Jersey: if a case comes down to the testimony of a police officer versus a criminal defendant, the judge will simply assume that it is the police officer who is telling the truth and the defendant who must be lying or in error. Why? Because police officers can be presumed to be truthful, but criminal defendants cannot. In effect, the defendant’s presumption of innocence can be defeated by a police officer’s sheer assertion that the defendant is guilty. The insouciance with which I’ve seen this rule applied is amazing, and I think the remedy is obvious: our courts should stop treating the testimony of police officers as pro tanto more weighty than those of criminal defendants. Everyone’s testimony should be regarded as being on a par, unless there’s positive evidence to the contrary.

One is obliged in a court of law to treat officers of the court with great deference and respect, which they are not obliged to reciprocate: legally speaking, there is such a thing as contempt of court, but no such thing as contempt of citizen by the court. But I’m inclined to think that the latter is more commonly exemplified than the former, and there is no legal remedy for it (aside from the very attenuated remedy of an appeal).

When the judicial system runs roughshod over whatever procedural rights one has, one is apt to feel contempt for or rage at those who run it. Having been on the receiving end of this treatment myself in a court case that had nothing to do with race, I was tempted, in court, to say something that would have gotten me a contempt citation. When, a few months later, I saw the same judge walking down the street on his way to a restaurant, I was tempted to confront and abuse him. I held my tongue on both occasions, but I understand the impulse to lash out, and anyhow, my case was a very, very trivial one (it was a traffic case involving three license points and a $100 fine).

I think one has to experience officialized judicial or police arrogance in one’s own case to be able to grasp the justified rage of the protesters on the streets of Ferguson. I don’t mean that rioting is justified. What I mean is that anger is justified, and that those who feel no anger (and by implication no sympathy for the protesters) ought to ask themselves whether they’ve had the sorts of experiences that merit the same anger. I doubt they have. I’m enough of a cognitivist about the emotions to say that one can’t think by means of anger. (I agree with Ayn Rand’s claim that emotions are not ‘tools of’ cognition.) But I’m enough of an Aristotelian or Freudian to think that justified anger is a potential ally of thought about justice. We need, as Roderick Long has apt put it in a different context, to think our anger—or our apathy, come to that. There’s more of that to do, so more to follow.

*I had originally written “Presidential Palace,” but I think I was momentarily confusing Pakistan with Somoza’s Nicaragua.

**This item makes the point better than the item I originally used.

No Holds Barred

It’s time to make my presence known to the broader blogosphere. I want to personally thank Irfan Khawaja for inviting me to become a contributor here at Policy of Truth. I’ve never met Irfan in person, though we have corresponded via e-mail. Whether via e-mail, in a combox, on a blog, or in a written piece, I have always admired the candor, argumentative brilliance, and thoroughness of his thought. He has this indefatigable knack to remain analytically precise in the face of ideological platitudes, knee-jerk reactionism, or just plain old fidiesm (religious or secular). In fact, I remember reading him years ago at History News Network when he was a contributor there. I was then (as I am now) one of the “silent majority” cheering and edging him on in spirit. So it’s an honor (“honour” where I’m currently residing) to have the opportunity to share my philosophical tidbits alongside him, Carrie-Anne Biondi, and David J. Riesbeck.

A little about me. My name is Derrick Abdul-Hakim. I’m currently a graduate student in the philosophy department at San Francisco State University. The main focus of my philosophical research is a defense of an Aristotelian (but non-Davidsonian) theory of action. It’s not a particularly popular approach, so I’ve got my work cut out. I specialize in metaphysics (action theory, philosophy of mind, theories of causation, and explanation), ethical theory and practical ethics, and political philosophy. My other interests are Islamic philosophy, philosophy of perception, philosophy of law, and philosophy of science. My (graduate) teaching experience consists of teaching Bioethics, Sex and Law, Political Philosophy, and Human Rights Law. Apart from academic pedagogy, I taught mathematics at a private school for four years to stay above the Californian poverty line.

What can I say? Given my wide interests I have quite a lot to say. On a philosophical note, I plan to gab about collective responsibility (or at least how to make sense of it), Pettit Republicanism and its problems, Davidsonian action theory (and its associated problems), and other assorted philosophical musings. On a non-philosophical note, I plan to discuss topics ranging from Hamas, ISIS…err IS, exclusionary zoning all the way across the spectrum to historiography. That said, whatever I post will be strictly from a philosophical point of view.

Author, Author: Policy of Truth becomes a group blog

As I said a few posts back, I was planning this week to turn Policy of Truth into a group blog . To clarify what that means: the website as a whole will remain my personal site, but the blog will become a group blog, where bloggers will have the status of Authors. According WordPress:

An Author can create, edit, publish, and delete only their own posts, as well as upload files and images. Authors do not have access to create, modify, or delete pages, nor can they modify posts by other users.

The blog involves no overarching doctrinal, ideological, or political commitment beyond a commitment to truth. I’ve just invited a motley crew of co-bloggers who’d have interesting things to say.

Right now, Policy of Truth has three bloggers besides me:

Derrick Abdul-Hakim, who’s in the final semester of the MA program in philosophy at San Francisco State University, and planning to attend the doctoral program in philosophy at the University of London, Birkbeck.*

Carrie-Ann Biondi, who’s an Associate Professor of Philosophy at Marymount Manhattan College, and my co-editor at Reason Papers (which, by the way, is imminently about to come out).

David J. Riesbeck (“djr”), who’s a Postdoctoral Fellow in Classical Studies at Rice University (and has just introduced himself, and posted on Aristotle and egoism just below).

In case you were wondering, I’m Irfan Khawaja, aka the “khawajaenator.”

So I guess so far, we’ve got one Muslim, one non-egoist non-libertarian Aristotelian, one disaffected Randian malcontent, and Carrie-Ann.** (Exercise for the reader: match the description to the person.) And rest assured: there’s more to come.

I’ll let my co-bloggers introduce themselves when they write their first post, and will eventually put their “official” bios up on the “About the blog and its bloggers” page. For now, welcome on board to all three of you, happy blogging, and let the mayhem begin. (Thanks to David, it already has.)

*I originally misdescribed Derrick as a doctoral candidate in philosophy at SFSU.

**I had originally misdescribed Carrie-Ann, as well.

Irfan

Eudaimonism, ‘Egoism,’ and Degrees of Finality in Aristotle’s Ethics

And now for something completely different…

I
In some circles, the idea that Aristotle is an egoist passes for a truism. After all, he claims that the ultimate aim of human action is eudaimonia, happiness or flourishing; everything else is worthy of choice for its sake, while it — and only it — is worthy of choice entirely for its own sake and not for the sake of anything else. Could we possibly find a clearer statement of egoism than that? Yet in contemporary Anglo-American scholarship, the notion that Aristotle is any kind of egoist is extremely controversial. It is agreed that Aristotle, like most or all other philosophers in the ancient Greek tradition, is a eudaimonist, and hence that the flourishing or well-being of human beings has a central role to play in his thinking. But probably most Aristotle scholars would reject the suggestion that he is, at least without qualification, an egoist. To some extent, the dispute is terminological: ‘egoism’ brings a great deal of baggage with it, and in any case tends to suggest that a person should not only make his own well-being or flourishing the guiding aim of his life, but, further, that he should regard the well-being of others as a merely instrumental means to his own. It is widely, if not almost universally, agreed that Aristotle rejects that sort of purely instrumental view of regard for others, and many would take that rejection as decisive grounds for denying that Aristotle is an egoist. Predictably, however, matters are not so simple.

The term ‘egoism’ is used in a bewildering variety of ways, and I have no interest in shaping the way that others use it. For my purposes, though, some standard distinctions may be in order. There are at least three different claims that go under the name of ‘egoism’: psychological egoism, ethical egoism, and rational egoism. Each of these is supposed to be a kind of egoism because it gives an important explanatory role to an individual human agent’s self-interest. But they are claims about different things. Psychological egoism is a claim about human psychology: it is the claim that we always act for the sake of what we believe to be in our self-interest. Ethical egoism is a claim about ethics: it is the claim that we should always act for the sake of what truly is in our self-interest and never act contrary to it. Rational egoism, in the words of David Brink, “is a theory about the grounds of reason for action: it says that an agent has reason to do x just in case, and in so far as, x promotes his own interest, welfare, or happiness” (David O. Brink, Moral Realism and the Foundations of Ethics, Cornell 1989, 67).

It is important to see how rational egoism is distinct from both psychological and ethical egoism. Rational egoism differs from psychological egoism because it is a claim about normative reasons, or what we might call “good reasons,” as opposed to “explanatory” or “motivating” reasons; that is, it purports to tell us what makes it the case that we have good reason to do something, but it does not imply any particular claims about what kinds of reasons actually motivate us. Rational egoism is distinct from ethical egoism, as I have formulated it here, because ethical egoism tells us what we should do, but says nothing about why we should do it; it would be consistent with my formulation of ethical egoism that we should always act for the sake of what is truly in our self-interest because by doing so we will promote the greatest happiness of the greatest number, because God commands it, or because we just happen to feel like it. Conversely, rational egoism makes no claims about the content of well-being or self-interest, and in particular it does not entail that we should never act to benefit others for their own sake or that we should adopt a merely instrumental conception of how our own well-being is related to the welfare of others. In other words, rational egoism is, in principle at least, compatible with an apparently very un-egoistic theory of what is good for an individual human being. To avoid this sort of confusion, some (including me) have opted to abandon the language of ‘egoism’ in favor of less misleading alternatives. One candidate I have offered, drawing on Mark Murphy’s Natural Law and Practical Rationality, is agent-relative welfarism: this is a theory about what gives human beings reason to do something; it is welfarist in explaining all non-derivative reasons in terms of well-being or flourishing, and agent-relative insofar as it makes the agent’s own welfare the source of his non-derivative reasons for action. Agent-relative welfarism is consistent with reductive, instrumentalist ethical egoism about the content of well-being and what we have reason to do, but it does not entail that kind of egoism, since it is also consistent with conceptions of well-being on which positive, non-instrumental other-regarding relations with others are an irreducible aspect of human flourishing. That is the kind of view that many believe that Aristotle holds.

Many, but by no means all. Such prominent and influential scholars as Terence Irwin and C.D.C. Reeve have defended such a view of Aristotle, but likewise distinguished philosophers such as Richard Kraut and Anthony Price have questioned it. Both of these latter two have recently criticized the agent-relative welfarist interpretation of Aristotle as it has been applied in constructive, first-order philosophy by Dan Russell. Both Kraut and Price challenge Russell’s “eudaimonism” in their reviews of his recent book, Happiness for Humans. Here is Kraut:

Russell embraces a certain form of normative egoism, according to which each individual’s deliberative reasoning should have as its single final goal the happiness (that is, well-being) of that individual…

This is perhaps best understood as a two-level theory: at the ground level, one devotes oneself to others and does not treat them as a mere means to one’s own happiness. But why should one take up this non-instrumental stance towards others? In asking and answering this question, we move up a level: these loving attitudes towards others stand in need of justification, and the justification consists in the fact that taking this stance towards others is what makes one’s own life happy.

The objection to be made to this is that it does not recognize others as ever constituting a direct source of reasons. Another’s well-being never provides me, all by itself, with a reason to assist him; it does so only if and because I benefit from caring about him. If someone sitting next to me is in great pain, and I can stop the pain simply by lifting the electrical wire that is causing the problem, am I justified in assisting him only if and because my doing so partly constitutes a happy life for me? If I could be just as happy walking away, would that justify my doing so?

And here is Price:

Russell assigns to eudaimonia this privilege: it is ‘the final end, a good that halts deliberation by being the final source of reasons for our other ends’ (23). Following Mark LeBar, he distinguishes two levels of reasons: there are reasons for acting in virtue of the ends one has, and reasons to have those ends in the first place (26). The second level relates to the eudaimonia of the agent, whereas the first level allows me to act for another’s sake; however, the second level has priority in that it makes external considerations first-level reasons for the agent. Russell is willing to write, ‘The point of devoting oneself to another is for the sake of giving oneself a good life’ (27).

While Russell can claim to be doing full justice to NE I.12, he seems to me to be slipping from a tenable position to an unsustainable one. When a man enters into a relationship or obligation, he may reasonably want to make sure that this will occupy ‘a place in his life that he can live with’ (26). Certainly we can’t expect of one another, and wouldn’t desire for our own children, that they should take on burdens that, whatever the benefit to others, will land them with a life that they find unlivable. And we might express this by saying that what might be a reason for action for more robust agents is not a reason for them. Yet we eviscerate virtue of content if we deny that the virtuous agent is aware of reasons for action relating to harms and benefits whose source has nothing to do with his own welfare, and which connect with ends that he does not ‘adopt … for the sake of a good life’ (26). We may still say, if we wish, that, to count as reasons for him, they need to be put through the filter not only of what he can do, but what he can live with; but we concede too much to self-interest if we offer a dispensation not only to the man who can’t cope, but to the one can do better for himself.

Price and Kraut both object to Russell’s view in purely philosophical terms, without much appeal to Aristotle’s texts. This is because Russell’s book is primarily a work in first-order philosophy, not an interpretation of Aristotle. But just as Russell takes his view to be at least largely true to Aristotle’s, Price and Kraut likewise take their criticisms to apply to Russell’s reading of Aristotle, as well. Both of them have written excellent books about Aristotle in which they largely defend Aristotelian theses as attractive and insightful. Yet they agree in rejecting the agent-relative welfarist conception of Aristotelian eudaimonism precisely because it grounds an agent’s reasons for action solely in his own well-being. The disagreement isn’t just a terminological dispute about how to use the ‘egoism’ label; it is a substantive difference between rival interpretations of Aristotle that embody competing conceptions of human well-being and practical reason.

I don’t want to focus on the details of Russell’s argument, in part because I haven’t yet studied it carefully and in part because I have other fish to fry. Suffice to say that, on the fundamental issue, I think that Russell is right and that Kraut and Price are wrong. I think it is far easier, however, to show that Aristotle’s eudaimonism is a variety of agent-relative welfarism (or rational egoism, if you prefer) than it would be to show that his view is true. What I’ll do, then, is consider a passage from the Nicomachean Ethics that has been read as inconsistent with the agent-relative view, and then show, by a consideration of Aristotle’s claims about what it is to be teleios — ‘complete,’ ‘final,’ ‘end-like,’ or ‘goalish’ — that Aristotle is committed to the agent-relative welfarist view and that the allegedly incompatible passage is, in fact, perfectly consistent with it.

II

In EN 1.2, Aristotle tells us that the goal of politics — which is what he takes himself to be doing in the Ethics as well as the Politics — is none other than the human good (1.2 1094b6-7). Politics, in the relevant sense, is the most authoritative or controlling science or capacity (1094a24-26). It is controlling (architechtonikēs) and authoritative (kuriōtatēs) in the sense that (a) it determines which subjects people in cities should study and how far they should study them (1094a27-b2, 5), and that (b) all other sciences and capacities are subordinate to it (1094b2-5). Because it bears this relationship to all the other sciences and capacites, its end embraces the ends of those others. It follows, says Aristotle, that the end of this most authoritative and controlling capacity is the human good. It follows, he suggests, because (gar 1094b7) “even if it is the same thing for an individual and for a city, the good of the city is nonetheless evidently greater and more complete (teleioteron, 1094b8) both to attain and to preserve” (1094b7-9). My colleague Don Morrison has drawn on this passage to argue that, for Aristotle, the good of a political community is the highest object of practical reason and the ultimate end of human action (see his ‘Politics as a Vocation, according to Aristotle’, History of Political Thought 22, 221-41 and his ‘The Common Good’, in The Cambridge Companion to Aristotle’s Politics). On this sort of view, eudaimonia retains its central place in Aristotle’s thought, and a virtuous person will aim to achieve it for himself, but he will also aim to achieve it for his city, and not simply because this somehow contributes to his own eudaimonia, but more fundamentally because the good of the city is a greater and more complete good.

I want to challenge this reading of EN 1.2 by considering EN 1.7 1097a30-b6, where Aristotle tells us what he means in describing one thing as “more complete” than another. John Cooper, among others, has recently stressed (‘Plato and Aristotle on Finality and Self-Sufficiency’, in Nature, Knowledge, and the Good) the connection between being complete (teleion) and being an end (telos), arguing that we should abandon “complete” as a translation in favor of “final.” Leaving aside the details of his interpretation of the passage from 1.7, he seems right about this. Though there may still be something to be said for “complete” as a translation, Aristotle leaves no doubt about the connection between being teleion and being a telos insofar as a telos is an object of choice. In the passage in question, he distinguishes several degrees or scales of finality:

1. That which is pursued for its own sake is more final than that which is pursued for the sake of something else.
2. That which is never chosen for the sake of something else is more final than those things which are chosen both for their own sake and for the sake of something else.
3. That which is always chosen for its own sake and never for the sake of something else is unqualifiedly final.

This analysis gives us three levels of completeness. If we allow that goods are objects of pursuit and choice, we get:

a. Goods that are always chosen for the sake of something else and never for their own sake
b. Goods that are chosen both for their own sake and for the sake of something else.
c. Goods that are chosen solely for their own sake and never for the sake of anything else.

By the argument that follows, there is only one good of the third and highest grade: eudaimonia. It is always chosen for its own sake and never for the sake of anything else. Other goods — honor, pleasure, intelligence, and every virtue — are chosen both for their own sake and for the sake of eudaimonia. We choose these goods for the sake of eudaimonia, “supposing that we will be happy through them” (1097b5), but nobody chooses happiness for the sake of these things “nor for the sake of anything else at all” (b6).

If we try to apply this schema of grades of finality to the claim in EN 1.2, we encounter a problem. What that text seems to say is that the good of the city is more final than the good of an individual. By the analysis of 1.7, the good of the city could only be more final than the good of an individual if the good of an individual is chosen for the sake of the good of the city. Since, by the argument that follows, eudaimonia is never chosen for the sake of something else, the good of an individual either cannot be chosen for the sake of something else or it cannot be eudaimonia. Despite considerable controversy over Aristotle’s theory of eudaimonia, there is no question that he takes it to belong to individual human beings. It is a practical activity of the rational soul in accordance with excellence; living happy lives is something that individual people do, however much they need to do it together with others. So it looks like the good of an individual cannot be chosen for the sake of anything else: an individual’s good is eudaimonia, and nobody chooses — nobody could coherently choose — eudaimonia for the sake of anything else.

So if the good of the city is to be “more final” or “more complete” than the good of an individual, it can’t be in the way that eudaimonia is more complete than honor or pleasure or intelligence or virtue.

Or can it? We might be able to defend the consistency of Morrison’s reading of 1.2 with the claims of 1.7 by considering alternative ways of understanding the latter. We could take these as claims about types of goods or tokens of those types. Interpreted in terms of token goods, we can make sense of the idea of choosing some good for its own sake and for the sake of other, distinct tokens of the same type of good. Suppose Alcibiades chooses some course of action — say, entering four chariots in the races at Olympia — for the sake of honor. He pursues this honor for its own sake, and not simply as a means to power or bodily pleasures or what not. But now suppose that he also pursues this honor — the honor he receives for having entered so many chariots in the games, and the honor he receives for winning the race — for the sake of additional future honor, as well. He is pleased to be honored for entering so many chariots in the games, and would choose this honor even if nothing else were to result (cf. 1097b3-4). Yet he also chooses this honor because, he thinks, it will lead to even greater honor in the future; this act will draw people’s attention to him and lead them to honor him for his future exploits, as well. This seems to be a case of one token of honor being chosen for itself and for another token of honor.

But this seems not to be the sort of case that Aristotle is discussing in 1.7. He seems interested instead in distinguishing among types of good in terms of degrees of finality or completeness. After all, there is nothing remarkable about choosing one instance of pleasure for its own sake and for the sake of additional instances of the same kind of pleasure later, or mutatis mutandis for virtue, knowledge, or honor. In these cases, the future instances of the same kind of good do not supply any additional explanatory value or add any distinct kind of reason for the choice of the first instance. Choosing honor for the sake of pleasure, or knowledge for the sake of honor, however, is a different sort of thing than choosing one instance of pleasure for the sake of future instances of pleasure. If Alcibiades pursues honor not only for its own sake but also because it will improve his chances of seducing the most beautiful boys of Greece, this tells us something more about why he is acting in the way that he is, because the pleasures of sex are providing him with further reasons for seeking honor, in addition to the intrinsic attractions of honor. Pleasure is capable of motivating the pursuit of honor in place of or in addition to the motivational pull that honor can exert on its own accord.

Suppose something like that is what Aristotle has in mind. Would it help us to reconcile 1.2 with the claim that nobody ever chooses or pursues eudaimonia for the sake of anything else? Read in this way, the claim is that eudaimonia is capable of motivating the pursuit of these other goods in addition to the pull that those other goods exert on their own accord, but that no other good is capable of motivating the pursuit of eudaimonia (and this because we can’t coherently suppose that living well is something we can choose for the sake of anything else). But this would not exclude choosing or pursuing eudaimonia for the sake of other instances of eudaimonia: this might be the interpersonal parallel to Alcibiades’ choice of this honor now for its own sake and for the sake of some more honor later. The denial that eudaimonia is chosen for the sake of anything else, then, would amount to the claim that no other type of good can explain or motivate the pursuit of eudaimonia, not that one cannot pursue one token of eudaimonia for its own sake and for the sake of other token instances of eudaimonia.

But the claim, construed this way in terms of types, seems true in the intrapersonal but false in the interpersonal case. For any given agent, the pursuit of honor or pleasure or knowledge or virtue does not seem capable of explaining the pursuit of eudaimonia; nobody can seek to live well in order to enjoy themselves or to understand the universe. They seek those things, rather, in order to live well through them, as Aristotle says. But now consider one agent A acting in relation to some second agent B. It does seem sensible to suppose that A can act for the sake of B’s happiness not because of any motivational pull that B’s happiness exerts on its own accord, but only for the sake of the honor that A stands to gain from others as a result of being the sort of person who seeks other people’s happiness, or only for the sake of the opportunity to seduce beautiful boys that he thinks will result from promoting the well-being of others. Stated less in terms of motivations and more of ends, it is possible to pursue other people’s happiness solely for the sake of something else. One’s own happiness, however, can never be a means to anything else, not because of any contingent features of human psychology, but as a matter of what a final end is.

Notice that this conclusion is not the same as the claim that it is never possible to seek other people’s happiness for its own sake, nor even that it is never possible to seek other people’s happiness for its own sake and not for the sake of anything else. Aristotle may think that we cannot seek other people’s happiness for its own sake and not for the sake of anything else without ceasing to be distinct rational agents; the closest thing we find in Aristotle to a description of someone who acts for the sake of another person’s good with nothing more than an incidental concern for his own welfare is in his description of slaves, whom he regards as functioning not as fully independent rational agents, but as something like physically separate, practical-metaphysical parts of their masters (Politics I.4-6). But that is a different matter. What my argument above shows, unless it’s mistaken, is that we simply can’t pursue our own eudaimonia for the sake of anything else. But we can pursue other people’s eudaimonia for the sake of other things, whether or not we pursue it for its own sake.

What are the implications of this for Aristotle’s discussion of the grades of finality? Evidently, that the unqualifiedly final eudaimonia discussed in EN 1.7 is the individual agent’s own eudaimonia. This is hardly surprising if Aristotle supposes, as seems sensible, that finality is an agent-relative property, as it must be if it is to retain the essential connection with ends that Cooper et al. see in it (ends are necessarily agent-relative in that every end is an end of or for some agent). So the good of the city cannot be more final than the good of an individual by the analysis of EN 1.7. That analysis makes eudaimonia final without qualification because it is never chosen for the sake of anything else. Only the good of the person doing the choosing meets that criterion as Aristotle lays it out. So it seems that the good of the city can’t even be equally final with the good of an individual. If the good of the city were to be more final than the good of the individual, the good of the individual would have to be chosen for its own sake and for the sake of something else, and hence would have to cease to be eudaimonia as Aristotle characterizes it.

There is, however, a perfectly natural alternative way to read the passage from 1.2. When Aristotle tells us that “the good of the city is evidently a greater and more complete good both to attain and to preserve,” we need not take him as asserting that the city’s good is greater and more complete than the individual’s without qualification. Rather, we may read the infinitives as limiting the scope of application of the adjectives: it is a greater and more complete good to attain and preserve. It is not that the city’s good is worthy of choice for its own sake independently of its good for the people who attain and preserve it; it is instead a greater and more complete thing to attain and preserve than the good of any single individual taken on his own would be. The contrast, that is, is not between an agent’s interest in his own welfare and his interest in his city’s welfare; it is instead between an agent aiming to benefit one person and an agent aiming to benefit an entire city. If he is thinking straight, an agent who knows how to benefit an entire city and a single individual will rightly choose to benefit the entire city, precisely because benefiting the whole city will do as much good as would benefitting the single individual (assuming that he is a part of the city) and a great deal more good on top of that. We need not read “more complete” here in the precise sense it bears in 1.7, but even if we do, the idea will be not that the city’s eudaimonia is more complete than an individual’s, but that obtaining and preserving the city’s good is more complete than obtaining and preserving the good of some single person. The sensible political expert will not see his own welfare as a mere means to or part of the city’s greater good, but he will rightly regard benefiting a whole city as more worth doing, because it does more good, and thereby more fully actualizes his capacity for virtuous rational action.

III
Granted that this is the sort of view Aristotle holds, is it right? Some people are inclined to object that even if it allows for, or even demands, genuine benevolence and respect for others, it nonetheless makes our other-regarding reasons too derivative. Surely, some will urge, we just owe it to people to respect and promote their good simply because they are human beings, or persons, or beings-with-interests, or what not, and insisting that respecting and promoting their good must be good for us in order for us to have good reason to do it just taints benevolence and justice with an unpalatably narcissistic sort of self-centeredness. To some extent, I think this objection persuades because many of us have encountered people who help others less out of concern for those people than out of concern to prove to themselves and others that they are virtuous, perhaps even superior to others in their virtuousness. I’m happy to agree that if that were the kind of thing Aristotle endorses, he would be urging us to cultivate an unattractive sort of character.

But I suspect that we often overlook the ways in which we benefit directly and non-instrumentally from our own benevolence in part because it comes so naturally to most of us. Excepting sociopaths, most of us often encounter others as people whose well-being is to be respected and promoted quite independently of any instrumental benefits we may gain from doing so. This can easily suggest to us that their welfare has reason-giving force entirely independent from our own. But one way — an Aristotelian way, if not quite Aristotle’s way — to understand our experience of others as to-be-respected is as our attraction to the goods of friendship and benevolence (in their broad senses). To be sure, this is not a good in which the welfare of others is merely instrumental; but it is, I think, a good for the agent. We might find some evidence for this in the extent to which we want and enjoy respectful and benevolent social relations for their own sake. Philosophical literature sometimes suggests that we find these inherently burdensome, because it focuses excessively on cases in which respect or benevolence seems to conflict with some purely self-regarding interest we happen to have. But, to conclude, it seems to me neither implausible nor excessively self-centered to think that rational animals like us benefit in and through respectful and benevolent relations with others and that this benefit supplies us with a powerful reason to cultivate these relations and to resist whatever would threaten them. To complain that this falls short of purely disinterested benevolence is to accept what Rawls, following W.D. Ross, called “the doctrine of the purely conscientious act” (Rawls, A Theory of Justice revised ed., p. 418) — the notion that morally praiseworthy action must be motivated solely by considerations of rightness without any concern for what is beneficial, especially to the agent herself. Rawls rejected this doctrine in favor of the view that we each have a fundamental interest in expressing our natures as rational beings in the form of a commitment to justice, and he is rarely accused of proffering an unappetizingly self-centered philosophy. Aristotle, I think, is no worse off, and perhaps in considerably better shape.

Who the Hell is This Guy?

On the strength of my persistently pestering him in the combox to his blogs, Irfan has invited me to contribute a few posts of my own to his latest venture in virtually public philosophizing. I’m delighted and honored by the invitation, but it would probably be helpful for me to say a few things about myself before inundating readers with my incompletely developed ideas. I am a classicist and historian of philosophy with special interests in Greek ethics and political philosophy and in Aristotle in particular. In some ways Irfan and I make strange blogfellows, since I am not a libertarian or classical liberal, am not especially influenced by or attracted to Rand, and do not have many firm and settled views about practical politics. But as a good friend of mine once put it, Aristotelianism transcends ideology. I have learned a great deal about Aristotle and philosophy more generally from so-called ‘libertarian Aristotelians’ despite not being converted to libertarianism, just as I have learned a great deal about Aristotle and philosophy more generally from Thomistic Aristotelians despite not being converted to Thomism. The shared background of a broadly Aristotelian orientation makes even disagreement instructive.

Just as importantly, however, Irfan transcends ideology. I have for some time admired the way that he writes with passion and moral seriousness while remaining receptive to a genuine diversity of ideas and maintaining a commitment to reasoned argument against the all too common tendency to fall back on ideological prejudices and academic party politics. I write almost exclusively about the history of philosophy without sustained consideration of its relevance to contemporary debates in academic philosophy, but I firmly believe that ancient Greek philosophy is relevant to those debates and, more importantly, to the questions that we should all be trying to answer for ourselves as rational animals. Irfan, I think, comes at things from the other end; he writes primarily about those first-order questions and turns to the history of philosophy when it offers some insight. I hope he and the readers of this blog will find that my approach complements his.

My first substantive post will be about as far removed as could be from Irfan’s thoughts and questions about Ferguson. I’ll take a look at some seemingly excessively detailed interpretive questions about the meaning of teleios in the first book of the Nicomachean Ethics and try to show that a proper understanding of the term helps us to adjudicate disputes about whether Aristotle’s eudaimonism is a kind of ‘egoism.’

Some questions about Ferguson

As I said in my last post, there is less to say about Ferguson than to ask about it. What follows are some of the questions that I think ought to be asked, divided into those pertaining to the shooting, and those pertaining to the protests, the riots, and the official response to them. In this post, I ask the questions without answering any of them, including the ones that I think can currently be answered. In a subsequent post, I’ll venture a few answers. The questions are, of course, far from exhaustive.

The shooting

  1. The most obvious question to ask is what happened, and how do we know? An article in this morning’s New York Times provides an informative account, but what it describes are the findings of a highly qualified preliminary autopsy report, and an official police timeline. Here is what I regard as the relevant passage:

No matter what conclusions can be drawn from Dr. Baden’s work, Mr. Brown’s death remains marked by shifting and contradictory accounts more than a week after it occurred. The shooting is under investigation by St. Louis County and by the F.B.I., working with the Justice Department’s civil rights division and the office of Attorney General Holder.

I would be suspicious of any rhetoric that tries to do an end-run around this basic, axiomatic fact.

  1. It’s been alleged that there were “eyewitnesses” to the shooting. How many were there, and what exactly did they see?
  2. A meta-question about eyewitness testimony: how reliable is it, and how should we assess it in this case?
  3. A meta-question about police-generated testimony: how reliable is it, and how should we assess it in this case?
  4. Another set of meta-questions: must we always wait for the verdict in a criminal trial before we offer moral verdicts on a criminal case? After all, criminal trials can last for years—and if appeals are figured in, for decades. Will it only be permissible to discuss Ferguson after the last appeals are exhausted in the last case on the matter? Can’t evidence of guilt or innocence sometimes be sufficiently transparent as to justify a moral verdict prior to any official legal adjudication of the case?
  5. Is it ever justified to use a weapon against someone who’s unarmed? Is it ever justified to shoot such a person with a firearm?
  6. It’s been alleged that Michael Brown was robbing a convenience store before he was shot. Did Officer Wilson know this or not? Suppose he did know it. Is the fact relevant to the justifiability of shooting Brown or not? Suppose he didn’t know it. Could it still in principle be relevant?
  7. The Ferguson police released the video of Brown’s supposedly robbing the convenience store; others, including the Justice Department, have criticized this decision on the grounds that it encouraged rioting. Should information in a criminal case be suppressed simply because it will lead to rioting or violence (and for no other reason)? (Incidentally, what exactly does the video show? Robbery? Larceny? Battery? Police testimony aside, how many of us can be certain that the central figure in the video is Michael Brown?)
  8. Suppose that the evidence of Michael Brown’s being murdered by Officer Wilson turns out to be slim. Couldn’t it still be the case that he was murdered? How do we deal with the fact that the Officer Wilsons of the world can in principle get away with murder precisely because despite being guilty, evidence of their guilt is so inconclusive?*
  9. In many courts of law, a police officer’s testimony is regarded as more weighty than an ordinary citizen’s—even when the police officer is accusing the citizen of a crime, and the citizen is supposed to enjoy a presumption of innocence. If we apply that “principle” here, we reach the conclusion that Officer Wilson’s testimony ought to trump that of the eyewitnesses to the shooting. What inference should we draw?

The protests, the rioting, the response

  1. What, exactly, is the causal connection between the shooting and the rioting?
  2. Allegations have been made about the pervasive racism of the Ferguson Police Department, and of Ferguson in general. How good is this evidence, and how relevant is it to judging the police response to the protests?
  3. How much violence has there been, and how bad has it been in aggregate?
  4. Can it ever be justified to loot, vandalize, or riot? Suppose, for instance, that racism is Ferguson is pervasive, and has gone unaddressed for decades. Suppose, further, that rioting will bring this racism to light. Suppose that rioting is (as a matter of historical fact) the best way of publicizing racism and eliciting a response (cf. the Kerner Commission Report). Is rioting then justified?
  5. It’s been alleged that the police response to the protests has been excessive. What would a proportional response be or have been? As a conceptual matter, can a proportional response to a threat be insufficient to neutralize the threat?
  6. It’s been alleged that the police response to the protests has been indiscriminate as between protesters and rioters. Is discrimination possible or feasible? Again, as a conceptual matter, suppose that discrimination is feasible, but makes it impossible to neutralize a threat. Should discrimination be trumped by the need to neutralize the threat, or should the need to neutralize be trumped by adherence to the principle of discrimination?
  7. Do non-violent protesters have a moral or legal obligation to separate themselves from violent protesters, so as to facilitate the police’s capacity to neutralize the latter? (This question is really a special case of a more general one: do we have a moral obligation to refrain from taking actions that, though legal in themselves, facilitate illegality?)
  8. Is a curfew a justified response to what is happening in Ferguson? Suppose that it it’s not. Is it justified to defy the curfew? Suppose that it is. If a police officer tries to stop a curfew-violator, is that curfew-violator justified in using force against the police?
  9. A long-form question: As a historical matter, why have the police become so militarized in the United States? As a normative matter, is there any legitimate reason for militarization? (Reason Papers 36.1 isn’t live yet, but I’m tempted to link to parts of our Waco symposium for this question.)
  10. Is there a general problem with police non-accountability in the United States, extending beyond Ferguson, and beyond issues of race?
  11. A deep theoretical question: is there any reason to believe that what happened in Ferguson could not have happened, in substantially** the same way, under anarcho-capitalism? Would anarcho-capitalism have made things better–or worse?

*PS. In asking this question, I don’t mean to be implying that I believe that Wilson is guilty of murder. I mean: ex hypothesi, if he were guilty, evidence of his guilt might still be insufficient to convict him of murder.

** I had originally written “precisely,” but I meant “substantially.”