Love of All Wisdom

Tag: law

Can collectivities be virtuous?

by on Apr.24, 2011, under Action, Buddhism, Christianity, Epistemology and Logic, Foundations of Ethics, Humility, Natural Science, Politics, Social Science, Virtue

There’s been a great discussion going on in the comments to last week’s post on humility and science. This week I’m going to focus on only one of the themes mentioned, which takes us in a different direction from that post but is interesting in its own right.

My post recounted Carl Sagan’s claim that although “religions” claimed an ideal of humility, science was actually more humble; I argued that the two were in fact very similar. A comment from Ben acutely pointed out something I had been missing, a way in which Sagan was right that the tradition was different. Sagan, Ben points out, is defending “not the humility of individuals, but the humility of the whole tradition.” Science as a whole is able to admit when it is wrong, in a way that Christianity and Buddhism are not. In a following dialogue, Ben and I agree that science maintains an institutional humility that “religious” traditions do not, though those other traditions likely do a better job of promoting individual humility.

Other commenters took issue with this agreement, however. If you follow the comment threads on this site with any regularity, you will know that Thill and Jim Wilton do not usually agree on very much. But this time, they unanimously condemn the point shared by Ben and myself: “There is a category mistake here,” says Thill. “Traditions cannot be said to be humble or arrogant. Only individuals can be said to be humble or arrogant.”

And this is a question that well deserves further philosophical exploration. Can an institution or a tradition possess a virtue? Can a government be courageous? Can a corporation be honest? Can a tradition be humble? (continue reading…)

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How not to conduct interreligious dialogue

by on Apr.03, 2011, under Christianity, God, Islam, Judaism, M.T.S.R., Modern Hinduism, Politics, Vedānta

When I taught an introductory religion class at Stonehill, one of my favourite texts to teach was Jon Levenson’s Commentary article, “How not to conduct Jewish-Christian dialogue.” Levenson’s article is a critique of Dabru Emet, a brief statement made by four professors of Jewish studies. Dabru Emet emphasizes the commonalities between Jews and Christians: they worship the same God, seek authority from the same Hebrew Bible, and accept the moral principles of that text.

Levenson responds: wait a minute. For Trinitarian Christians (the vast majority today and for most of Christianity’s history), Jesus is God in a fundamental sense; but for a Jew (or Muslim), to say that a man is God is an idolatry that drastically compromises God’s fundamental oneness and uniqueness. While the content of the Tanakh – the Hebrew Bible as understood by Jews – may be mostly the same as that of the Old Testament, they are read in a very different light. To understand the Tanakh, Jews turn to Mishnah and Talmud; to understand the Old Testament, Christians turn to the New. As a result, the stories of the Hebrew Bible unfold very differently in each – they are even placed in a different order, so that the Tanakh culminates with the rebuilding of the Temple in Jerusalem, while the Old Testament ends with a prophesy heralding the “coming of the Lord.” And this isn’t just a matter of arcane scriptural study: it affects one’s ethics, one’s idea of the good life. Jewish ethics have been traditionally focused on following God’s laws and commandments as revealed in Torah, Christian ethics on following Jesus’s example – or even more so on faith in him and his saving grace.

Now my interest in Levenson is not in the particulars of Jewish and Christian traditions, since I identify with neither tradition. Rather, what I deeply appreciate is his criticism of Dabru Emet‘s method. Such documents, Levenson argues, “avoid any candid discussion of fundamental beliefs,” and “adopt instead the model of conflict resolution or diplomatic negotiation.” (continue reading…)

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Of constitutions and the Constitution

by on Oct.20, 2010, under Greek and Roman Tradition, Politics, Protestantism, Roman Catholicism

Good news this week: after a difficult, expensive and often harrowing process, I had a successful interview with the American immigration service, so I am now a legal permanent resident of the USA (holding a “green card”). While we waited for the interview, I was reading my notes on James Doull‘s Philosophy and Freedom, and realized it had given me a much better understanding of the country in which I have settled.

One of the more curious features of American political conversation is Americans’ attitude toward their Constitution. In American politics, the Constitution is a scripture, a sacred text; and I do not mean this at all metaphorically or analogically. The Constitution literally is a scripture, for it has the most important hallmark that a scripture has: while the meaning of the text is endlessly debated, the text itself is universally regarded with great reverence and respect. Both of the warring sides of American politics accuse the other side of disrespecting the Constitution (the language used is typically stronger than “disrespecting,” often involving bodily functions of some variety). Some might argue that the Constitution is not a scripture because it is not “religious,” but this is already to beg the question; I have yet to find an adequate reason to distinguish between the “religious” and the “non-religious,” or reasonable way of classifying the two.

This attitude toward the Constitution has perplexed me since before I arrived in the country. (continue reading…)

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The problem of bad and the problem of good

by on Sep.01, 2010, under Analytic Tradition, Christianity, Early and Theravāda, Foundations of Ethics, God, Greek and Roman Tradition, Metaphysics, Roman Catholicism, Vedānta

In my previous discussion of Christine Korsgaard’s prologue to The Sources of Normativity, I left out one significant feature of the story she tells of Western philosophy. This is the reason – related to the basic account of excellence of obligation – why Christianity proved philosophically more powerful than Greek thought.

On Korsgaard’s account of Greek metaphysics (à la Plato and Aristotle), goodness is a feature of reality, one more fundamental in a sense than the particular physical objects that appear before us. Perfect form is more real than imperfect matter. This is true whether, with Plato, those forms exist in a world apart from matter, or, with Aristotle, they exist within matter as its potential and telos.

But if that’s the case, Korsgaard notes, then the logical question is: why aren’t things perfect already? We normally think of theodicy – the problem of suffering and responses to it – as primarily a problem for Abrahamic traditions. If God is omnipotent and omnibenevolent, it’s hard to see how there can be suffering in the world (though it’s less hard to see how there can be evil). But broaden the question a bit – make it “the problem of bad” – and it appears elsewhere too. For Śaṅkara’s Advaita Vedānta, in which reality is pure knowledge, it’s a conundrum to think how there can be so much ignorance.

And Korsgaard seems to provocatively suggest that the Christians were better equipped to handle the problem than the Greeks – connecting to her account of how an ethics of excellence was superseded by an ethics of obligation. (continue reading…)

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“On the grounds of religion or belief”

by on Jan.20, 2010, under Morality, Politics

Found an interesting news article from last fall in the Manchester Guardian: British employers, a judge has ruled, are forbidden from discriminating against employees because of their environmental convictions. The case in brief: employers at London’s Grainger real-estate company mocked one employee’s devotion to remedying climate change, even taking steps to provoke him – in one case ordering him to fly to Ireland just to deliver a BlackBerry his boss had left behind. Eventually, he was fired – and a judge says he has a case. The relevant 2003 British labour law, indeed, is worded to prohibit discrimination and harassment on the grounds of “religion or belief.”

Generally, such a law strikes me as overdue. I’ve long been uncomfortable with the idea of giving legal protection only to “religious” convictions, for the idea of “religion” so often tends to obscure more than it clarifies. Aside from the obvious difficulties in classification (does the term “religion” apply to yoga exercises? To meditation? To brushing our teeth?), the term leads us to ask the less important questions, about differences between traditions rather than within them. For these intellectual reasons I suspect it’s a category we’d be better off without, if we could be.

But here the problems with “religion” are more than intellectual. On what reasonable grounds can we proclaim that this man’s refusal to fly on frivolous grounds is less serious, less important, less well considered than, say, a Jew’s refusal to eat pork? I disagree with politically activist views that see commitment to environmental or social causes as our fundamental moral duty; but then I disagree with much of the Qur’an’s moral teaching as well. Anti-discrimination laws are specifically designed to protect those with whom we disagree. Either the law should protect all deeply and sincerely held beliefs, irrespective of their “religious” status, or it should protect no such beliefs at all.

(No post this Sunday, as I’ll be out of town, as well as starting a new semester.)

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Medicine as ethics

by on Sep.01, 2009, under Early and Theravāda, Flourishing, Food, German Tradition, Happiness, Judaism, Natural Science, Politics, Psychology, Roman Catholicism, South Asia

In After Virtue, Alasdair MacIntyre once said that “it is the lawyers, not the philosophers, who are the clergy of liberalism.” That is, in modern societies – liberal in the broad sense – it is lawyers who do the work, and have the status, once given to the medieval European Christian priesthood.

On this point I think MacIntyre is half right – or perhaps three-quarters right. He is quite right to note the low status that the modern West accords philosophers; but he overemphasizes the role of lawyers, because his concept of the good is (to my mind) overly political. Lawyers do play the role of medieval clergy as the rulers’ intellectual assistants in determining what a good state will be in practice. When it comes to the good life itself, however, the intellectual heavy lifting is done by a very different group: namely doctors, and medical researchers. It is medicine, not law (and certainly not philosophy), that plays the greatest role in telling moderns how they should live.
(continue reading…)

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