Sunday 17 March 2013

Classical Natural Law Theory, A New Argument, and the Perverted Function Argument: Discussion, Criticism, and Some Suggestions



            The following gives a reconstruction of a new argument in support of classical natural law theory (CNLT) based on some remarks from a friend, followed by a discussion of that argument. CNLT, one might provisionally say, is an attempt to provide an ethics based on a specific metaphysical account of human nature, namely, that offered by St. Thomas Aquinas. Such an ethics would be especially appealing to theists based on its attempt to provide a reasoned account of morality that is largely consistent with ethical views that many theists tend to accept. (As for the friend in question, I have not asked for his permission to publish his name, so I will not do so without further notice.)
            This context in mind, the point of the new argument (I think) is to try to sidestep a recent dialectical impasse (among some friends) with respect to what one might call the perverted function argument (PFA). Roughly, the PFA holds that an action that involves one of one's bodily organs or functions is wrong only if one's action actively frustrates that organ or function. For example, the proper function of one's sexual organs, one might say, is procreation. So anything that deviates from this function is sufficient for perverting that function, i.e., making it morally wrong. The argument, however, has not been overly persuasive to many; hence, the rationale for trying to establish CNLT on independent grounds from the PFA.
            Following my presentation of the new argument, I give a walkthrough of the argument that tries to be as charitable as possible. Following this, I point out a difficulty in the argument that proponents of CNLT will want to meet. The word difficulty, here, moreover, might be a bit of a misnomer. A better word would be 'challenge': I don't think any of the reflections I offer here are crippling or damning to CNLT. But they do point out an area in which the theory possibly needs further development.
            That said, one can lay out the argument as this: 
(1) Assume that someone S has a nature N (assumption).
(2) If S has a nature N, then (in the absence of natural or intentional obstructions of that nature) S will have features (x) in virtue of N (premise).
(3) If S has (in the absence of natural or intentional obstructions of that nature) some features (x) in virtue of N, then S ought to have N (premise).
(4) S ought to have (x) (1-2, 3 MP).
(5) If S ought to have (x) and S can freely choose to have (x), then S ought to will to have (x) (premise).
(6) S can freely choose to have (x) (assumption).
(7) S ought to will to have (x) (4&6, 5 MP).

Premises (1) through (3) depend on a specific understanding of what it means for some individual 'thing' to have a nature; 'nature' in this context meaning a thing's essence. It's not a bad idea, then, I think, to cover this in a little more detail. A widely accepted view of essences that many contemporary philosophers accept is that an essence is simply the collection or set of properties that some individual 'thing' has such that this thing could not exist without its possessing every single property in this collection. So, for example, Barrack Obama could exist without the property 'being President of the United States,' since, for one, Barrack Obama did in fact, once exist without being the President of the United States. Thus, Barrack Obama has the property 'being the President of the United States' non-essentially or contingently.
            He does not, however, possess the property 'being a human being' in the same way that he possesses the property 'being the President of the United States.' For, it seems very plausible to hold, Barrack Obama could not exist without having the property 'being a human being,' whereas he could, in fact, exist without his being the President of the United States. In contrast, then, to his having the property 'being the President of the United States,' Barrack Obama has the property 'being a human being' essentially or non-contingently. And the assortment of all the properties that Barrack Obama possesses in this way are what make up Barrack Obama's essence in the sense of his individual essence.
            A more metaphysically perspicuous and elegant way of describing someone's possessing an essence in this sense is to advance the claim that an individual person S's essence consists in the properties that S possesses in all the possible worlds in which S exists. Typically, in fact, contemporary defenders of essences in this sense will make recourse to the conceptual machinery of possible worlds for expressing and arguing for this view. But, for my purposes here, one can safely leave talk about possible worlds in the background.
            Returning to the view of essences in question, then, what it means for Barrack Obama to have an essence, on the account I'm currently discussing, is for Barrack Obama to have a collection of properties such that in the absence of even one of these properties, Barrack Obama does not exist. That is, Barrack Obama's having these properties are necessary for his existence. And, therefore, if Barrack Obama ceases to have one of these properties, he thereby ceases to exist.
            It is still an open question, however, whether the possession of these properties are sufficient for Barrack Obama's existence. For, even accounting for the existence of all the properties that are a part of Barrack Obama's individual essence, it is still an open question as to what it is that has these properties. Presumably, it is Barrack Obama himself. And this, in turn, presupposes a subject that is the bearer of these properties, i.e., the subject who is Barrack Obama. A further question on this note is: what exactly is the relationship of a subject to its properties?
            There are a number of options by which one can try to answer to this question, but one important idea that seems plausible and such that one should try to include it in one's answer to the question is that a subject is ontologically prior to its properties. And it is this putative desideratum that motivates the concept of nature or essence that premises (1) through (3) rely on. (Another reason for advancing an account of essence in this second sense is that it seems wrong to identify an individual thing with its essence. Barrack Obama has an essence; he is not identical to his essence.)
            In this second way of thinking about essences, a subject's essence is not a collection or set of properties. Rather, a subject's essence is that in virtue of which an individual subject is one kind or sort of thing as opposed to another kind of thing. And, one would want to say, the concept of a kind is itself not further subject to metaphysical dissection or analysis.
            On this second interpretation of essence, then, there is a fundamental distinction between a property and a kind. Using the language of universals to give a clearer idea of what I have in mind, one might say that any individual instance of a kind is a subject that has that specific kind as its essence. It is a kind (in the sense of the universal of that kind) of which individual instances of that kind are subjects. In contrast, instances of attributes (in the sense of the universal of that attribute) exist only if they exist in a subject. A subject may necessarily (in the sense of metaphysical necessity) have a number of properties or attributes such that the subject does not and cannot exist without these attributes, but these attributes are nonetheless not part of its essence in the second sense of an essence I have described.
            This, of course, is not to say that an individual thing's kind has no important connection to its properties. It is only to say that it is not the individual thing's properties that determine its essence, but the other way around. Instead, an individual thing's essence determines the its properties in two senses. In one sense (a), an individual thing's essence determines its properties in the sense of determining the possible range of properties it possesses. A human being, for example, is not the sort of thing that is possibly flat, but it is the kind of thing that is possibly tan. It is this feature of a kind or an essence in this second sense, moreover, that is represented by premise (2). In another sense (b), an essence or a kind also necessitates, one might say, what features a thing possibly has. Thus, a thing's kind also determines what features it actually has. An essence or a kind, one should say, necessitates what features a subject has. (The sense of necessity here, of course, is not that of metaphysical necessity -- more on this in a moment.)
            Or, to be more precise, a subject has those features that follow from its kind or essence only if there is not anything that intentionally or naturally obstructs those properties from being a part of that subject. That is, as long as there is not anything that prevents that subject from acquiring the properties that it would otherwise necessarily have in virtue of its having a specific essence or kind. It is this sense, then, that an advocate of the argument wants to insist that a subject ought to have those features that follow from its nature. For example, a human being who is not (naturally or intentionally) obstructed from attaining adulthood and the full powers of human reason that are a part of that nature will necessarily reach adulthood and acquire those powers. And, therefore, in this sense, such a human being ought to reach adulthood and acquire the full powers of human reason.
            One final thing to note with respect to this second sense of 'essence' is the importance in distinguishing between two senses of 'necessity' regarding an individual subject's essence. In one sense, a thing has the essence it has necessarily in the sense of metaphysical necessity; it is not possible for this very subject to exist without having this essence (in the sense of its having its specific kind or nature). It is true, of course, that the individual in question could also not exist if it lacked certain properties that the thing has in virtue of its essence. For example, a cow could not exist without the property 'having four stomachs.'
            But this sense of 'essential' is distinct -- and, I think, clearly so -- from the other sense of essence I have in mind: that in virtue of which an individual subject is the kind of individual subject that it is. And even here there is a strong sense in which a thing's nature or essence has a deeper claim than its properties to being essential to it in the first sense. For, at least on the view of essences in question, a subject's attributes are ontologically posterior to their subject in the sense that they depend ontologically on that subject. Before any attributes can exist, that is, there must first be a subject that is the bearer of these attributes or that in which these attributes exist.
            In a second sense of necessity, on the other hand, a thing's essence makes it necessary that, in virtue of that individual thing's essence, the individual thing will have certain features and lack others. The sense of necessity in this second sense should, I think, be understood as natural necessity. For, clearly, in the stronger sense of broadly logical necessity (otherwise known as metaphysical necessity), there is nothing about a subject's essence that logically implies that it will have (or lack) such and such features. (However, if a thing's essence fails to naturally produce certain features in its subject, the thing will, at some near future time or at the present, cease to exist -- in this sense, then, one might say that certain metaphysically necessary features follow from the thing's essence.) Thus, taking necessity in this sense, a human being will necessarily develop certain powers of reason and a cow will necessarily grow four stomachs in virtue of their respective natures, unless there is something that obstructs their development of these features.
            Now, my purpose in drawing out the meaning of 'nature' in this second sense is twofold. First, it provides a way in which to interpret the term 'essence' as it is used in premises (1) through (3). Second, it helps to forestall a likely objection that one might raise, namely, that the sub-argument in premises (1) through (4) is circular. The apparent rationale behind this claim is that it seems that the sense in which one ought to have features (x) (i.e., properties) associated with one's essence is not any different from that in which one possesses any features of one's essence -- that is, essentially.[1] Or so this is a likely way in which one might read the argument if one has something like the first interpretation of essence I discussed in mind.  
            'Those essential features associated with one's essence are those features anyone with that essence ought to have' is blatantly circular. For that which is to be explained -- one's essential features -- is the very thing one uses to explain those features that one ought to have. What is worse, the account, on this reading at least, is also tautological. 'What one ought to have are essential features' becomes something like 'the essential features one ought to have are essential features.' 'Essential features,' however, in the sense of features that follow or "flow" naturally from one's essence in the second sense I discussed, is both non-circular and seemingly informative, in the sense of not being a tautology.
            Now, as for the argument itself, accepting 'nature' in this sense, one has perhaps good reason for accepting premises (1) through (3). And having made this acceptance, (4) follows without further ado. The remaining question, then, is what one should think about the remaining three premises. There are some good reasons one might have for not accepting (6). For one, it does not seem very plausible to think that for any feature of the kind or sort human being, one can freely choose to have that feature. At the very least, one will need to spell out in greater detail what features follow naturally from the essence in question. But for now, I will waive these concerns.
            Premise (5) may seem, at first, more difficult to assess due to the obvious equivocation between one sense of 'ought' found in the antecedent and another located in the consequent. But it should be fairly apparent that, though indeed 'ought' is used equivocally in (5), (5) does not seem to depend on this equivocation for its being true. That is, even though (5) may contain an equivocation, the equivocation is not needed to tie the first half of the conjunction in the antecedent of (5) with (4), and the second half of the conjunction ties in with (6) without any use of ought in either sense.
            Moreover, for the antecedent of (5) to be true, one needs the claim that 'someone with a nature N ought to have x in virtue of their having N' to be true. They also need the further claim that 'someone who ought to have x (in the ontological sense) has it in their power to choose to have x' to be true. And if these two claims are granted, the consequent, of course, necessarily follows, along with the associated claim that someone who ought (ontological sense) to have x ought (moral sense) to will to have x. So, again, it seems that the only really controversial claim, so far discussed, in the sub-argument (5) through (7) is premise (6).
            But (6) is not likely to be the only potential difficulty facing the account on which this argument is based -- i.e. CNLT. One such additional problem is the generality of (x) with respect to further claims the adherent of CNLT might want to make. For example, if one motivation for accepting the argument is to give a presentation of CNLT that does not depend on the PFA for its criticism of certain moral behaviors, say, same-sex sexual relations, this may be harder to accomplish than the proponent of CNLT realizes.
            For if (x) is supposed to exclude such relations, there must be something in virtue of one of these features of N that entails that such relations are incompatible with N. In this sense, there must be some feature x* of N -- or something else that is considered "a part of" N -- that entails that something y is not possibly a (natural) feature of N. Nor is there anything presented in the argument so far that would suggest that y is not possibly a feature of N. And, moreover, it is not enough merely for one to say that y is just not something that is necessarily (in the sense of natural necessity) brought about by N; for there are many possible features (in the sense of either properties or behaviors) some subject of a nature N can have that are not incompatible with N. For example, collecting stamps or having a low-pitched voice.
            In order to fill this lacuna in CNLT, then, one must provide an account of the feature x* that rules out the compatibility of y and N. Whether one relies on the PFA to fill this lacuna is, of course, up to the proponent of CNLT. For perhaps the proponent of CNLT will rely on some other argument or justification of his view in place of PFA. One might even conjoin PFA with some further principle or amendment and argue that, although the proper use of one's reproductive organs is not sufficient for avoiding immoral behavior, it is necessary for it. But if the point of relying on the present argument (the one under discussion in this post) I have presented is to avoid having recourse to the PFA, I conclude that it cannot be regarded as a success. This, once again, is not to say that CNLT is either false or incoherent. It is merely to say that its proponents need some further tie if they are going to argue persuasively that y is incompatible with N.  


[1] My thanks to Czar Bernstein for alerting me to this.

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