Faith & Social Justice: In the spirit of Richard Overton and the 17th C. Levellers

Death Penalty Update: Colorado

As noted by my friend, Daniel (who lives in CO when home from his mission work in the Bahamas), yesterday the Colorado Houe of Reps. narrowly passed legislation to repeal the death penalty.  From here the bill goes to the CO senate and, if it passes there, to Gov. Ritter (D-CO) who has not said whether or not he will sign the bill.  Ritter is a former prosecutor who has always supported the death penalty, but he is also a devout Catholic and in the last several decades the Catholic Church has shown strong opposition to the death penalty. (This is not the church’s traditional stance.) So much so is this the case that studies have shown that the more frequently American Catholics go to mass, the more likely they are to oppose the death penalty. (I wish the same could be said of American Evangelicals!)

The Colorado legislation would not just repeal the death penalty, but would use the money saved to help solve cold case murders.  That provision has to appeal to law and order types, including a former prosecutor who is now CO governor, I hope. I wish Ritter would speak out in favor of the bill since that could help its chances in the CO Senate.

If CO abolishes the death penalty, it will be the second state this year (both Western states with Catholic governors) right after New Mexico, and the third state in two years (NJ abolished the death penalty in 2007).

MD, whose Catholic governor campaigned on abolishing the death penalty and won, has just passed legislation that would make it much harder to execute prisoners.  Gov. O’Malley thinks it a good first step and will sign it, but is not giving up on full abolition.

There are abolitionist bills currently in IL, CT, NH, ME, and NE.  The Alaska legislature killed a bill to restore their long-abandoned death penalty and Virginia Gov. Tim Kaine (D-VA) vetoed legislation that would have greatly expanded their death penalty statute.

April 22, 2009 Posted by | death penalty | 6 Comments

Moral Discernment: Loyalties, Interests, Passions

Philosophers (and some theologians) often talk as if moral discernment was simply a matter of correct reasoning (e.g., deontologists vs. utilitarians).  The last 25 years has seen a mini-resistance movement focusing more on moral character (virtues, passions, affections)–a return to classic and medieval interests in a postmodern era.  Glen Stassen’s 4-dimensional approach to moral discernment was a forerunner of this interest.  We have looked at the dimension of basic convictions looking at the critical variables of God and human nature; justification and sanctification; love and justice; and the mission of the church in the world.  (These are Christian convictions, but we tried to indicate that there are usually analogues in other religious or moral systems that function similarly.)

Moving clockwise to the next dimension we examine the critical variables of loyalties, interests, passions, virtues, & affections.  The main point is that we all have loyalties and interests that affect our moral outlook.   A scientist who sits on the board of Exxon-Mobil is likely to approach the issue of global warming with a desire to defend the interests of the oil industry whereas an equally qualified scientist working for Environmental Defense will have a very different outlook. 

(Now, usually when I point this out, someone screams that I am making an ad hominem argument.  I’m not.  At the end of this post, I will deal with the issues of ad hominem  and genetic fallacies.  )

Our loyalties include our friends, mentors, and role models.  At least since Aristotle, philosophers have known the moral importance of friendship.  Parents are right to worry about the friends their kids make, although the influence can go both ways.  The same concerns are prominent in the Wisdom writings of Scripture, especially Proverbs.  Jesus gathered disciples and Paul held himself up as a role model for leaders in the churches he founded.

Our loyalties to our friends shape our moral discernment, but they need not determine it.  We can be aware of the limits of our friends and mentors. We do not need to romanticize them.  So, for instance, friendship with a rape victim who chose to abort may influence the way someone approaches the abortion issue, but it doesn’t preclude that person deciding that her friend made a moral mistake.  Similarly, and sticking with the same “issue” for sake of illustration, if a person is the parent of a special needs child, he would probably respond very negatively to the kinds of “quality of life” arguments that a utilitarian like Peter Singer makes for abortion (and Singer also  argues for infanticide!!) in cases of genetic “abnormality.”  But such a person, deeply loyal to his child, also understands the huge demands of raising special needs children and his loyalty would not necessarily lead him to rule out abortion in ALL cases of genetic  deformity–Tay Sachs is very different from Downs Syndrome.  But we should not make the mistake of thinking that our loyalties do not influence our moral judgments, both for good and ill.

We also have loyalties to particular practices and processes.  For instance, a particular conservative commenter who is not favorable to same-sex marriage nonetheless recently praised the Vermont legislature for passing legislation allowing same-sex marriage because he is committed to the priority of local and state legislatures and dislikes judicial decisions which appear to him to make new law.  This is a commitment to representative democracy and to a very restrictive understanding of judicial review.  A gay friend of mine disagrees:  While happy that Vermont passed such legislation (and several other New England states appear poised to follow suit),  he worries that rights that can be legislated into existence can be legislatively removed as Proposition 8 took away same-sex marriage last year in California.  His commitment is to a certain view of universal human rights that it is the responsibility of courts to recognize, uphold, and enforce.

We also have loyalties to particular communities and institutions. The way this can shape moral judgment is too obvious to need to explicate further.

We also have interests, including monetary interests, power interests, prestige interests, etc.  Some deconstructionists like Foucault may go too far in seeing all moral arguments as disguised power plays,  but we are naive if we don’t ask about the interests of those who make moral arguments.  To take an obvious example, former Vice President Dick Cheney has a strong self-interest in making his argument that the use of torture in interrogating suspected terrorists is both necessary and effective in protecting Americans.  Judges are expected to recuse themselves from cases in which they would have an interest in one side or the other prevailing (e.g., if a company was being sued in which the judge’s spouse was employed). 

In addition to other loyalties, each person also has an ultimate loyalty.  That ultimate loyalty may be to one’s nation or race or sex or to one’s religion or ideology.  Christians (and other theists) would say that their ultimate loyalty is to God  and would judge these rival claims for ultimate loyalty as idolatrous.  But notice that this connects this dimension back to the basic convictions dimension because if our ultimate loyalty is to God then rival conceptions of God’s character become very important in determining moral judgment.  Also, remember that classic theologians like Calvin have called the human heart an “idol factory,” and all of us deceive ourselves constantly.  So,  we may think that our ultimate loyalty is to God and someone else may examine our actions and conclude that our ultimate loyalty is money or power or the nation-state.  We are not always our own best judge concerning our loyalties.

Now for our “footnotes” on two logical fallacies.  Ad hominem (“against the man”) arguments attack the character of the person making a moral argument rather than the argument itself.  Nothing said about our loyalties and interests negates that.   A scientist working for Exxon-Mobil may still have valid arguments against the consensus on global warming.  I would  say, against some ethicists, however, that examining the loyalties and interests is highly useful.  For those of us who are scientific laypersons, however, that scientist’s employer is a good reason to view his conclusions with suspiscion and to stick with the scientific consensus until the Exxon-Mobil scientist manages to convince a substantial number of peers who DON’T work for petroleum companies.

The Genetic Fallacy is a related logical fallacy.  If one dismisses an idea or an argument or a moral position because of its origin, one commits the  genetic fallacy.  For example, I am a Democrat, but I would be foolish to dismiss an idea just because it was advanced by a Republican.  (Republicans have had two  very good ideas in economic justice in the last few decades:  The Earned Income Tax Credit and inner-city “empowerment zones.”) In diagnosing people’s interests and loyalties, we have not automatically discredited their  arguments.

April 22, 2009 Posted by | ethics, moral discernment | 3 Comments