Monday, August 26, 2013

Challenging Bernard William's "The Amoralist"



Is Challenging the Amoralist an Exercise in Futility?
Maybe Not, but Beating One’s Head against a Brick Wall is Less Painful


In The Amoralist, Bernard Williams seeks to make the point that even if one only has limited, and even intermittent, capricious sympathy for others it becomes possible to include that person into the world of morality because it provides a starting point for moral considerations.  While this is Williams’ point with The Amoralist, he concludes by saying “It does not follow from this that having sympathetic concern for others is a necessary condition of being in the world of morality…It does not follow from what has so far been said; but it is true.”    The Amoralist is an exploration in how one might be able to convince someone who has no conscious moral considerations to be moved to consider morality as a decision making tool.  Considerations of biology, psychology, socialization and cultural inculcation are used by Williams throughout the piece to probe for openings in the amoralist’s reasoning, and are used, in turn, by the amoralist to dismiss considerations of morality.  After a close reading it becomes apparent that the amoralist forces the individuals in the society he is a part of to look at their own basis for choosing whatever moral code they live by, and garner a better understanding of where those beliefs come from and then question those beliefs themselves, perhaps using the amoralist as a tool for understanding the ramifications of whatever choice they make.  The end result of this exploration will likely be an acceptance of some moral theory, or theories that aren’t destructively antithetical to each other in a society, that tends to secure and strengthen the social institutions that make up a society at large.
Williams begins his characterization of the amoralist by juxtaposing the presumption that the amoralist is indifferent to moral considerations with the presumption that the amoralist does have motivations, such as caring about some things, and has some preferences, aims, and passions for some desired ends.  Williams further explains that these ends do not necessarily exclude an acknowledgement of morality, though in the case of the amoralist one will hard pressed to get him to admit to such a thing.  The amoralist will need to avoid several potential pitfalls in order to avoid moral considerations.  The pitfalls initially listed by Williams are, “caring about other people’s interests, having an inclination to tell the truth or keep promises if it does not suit him to do so, being disposed to reject courses of action on the ground that they are unfair or dishonorable or selfish.”  Caring about other’s interests would tend to lead to moral territory as it can cause action to be judged on the basis of what is right, fair, or even obligatory depending on the relationship, the circumstances, and the considerations made prior to any action.  Having an inclination for truth telling and keeping promises tends toward moral territory in the same way, and in order to avoid moral considerations there cannot be a preference for either of these as that preference, or inclination,  implies a preconceived rule for behavior regardless of the circumstances involved.  To reject courses of action based on a belief that they are unfair, dishonorable, or selfish would move the amoralist fully into the realm of moral consideration as such beliefs are, by definition, the result of personal, moral value judgments. 
Further, according to Williams, the amoralist needs to not be disposed toward thoughts that some actions are ‘all right’ as these dispositions imply there are actions that are not ‘all right,’ and would lead to a comparison of what it is that makes an act either ‘all right’ or not ‘all right,’ or perhaps even ‘all wrong,’ again requiring a moral value judgment.  Williams leaves the amoralist a way out of this particular dilemma by allowing the amoralist to define acts that are termed ‘all right’ as acts that he is not going to moralize about.  Of course, if it is assumed that the amoralist in question is truly an amoralist then he would not be moralizing about anything at all, would he?  Also, Williams rightly notes that the amoralist must avoid consistent resentment and disapproval of people treating him in the same manner he treats them.  Not liking such treatment, and even fighting back, is acceptable as those reactions do not necessitate moral considerations, but resentment and disapproval are attitudes that generally result from moral considerations, and the more consistent the attitudes are the more likely it is that they stem from some moral precept.  It seems obvious, but Williams goes on to explain that the amoralist must avoid considering himself, or anyone else, as courageous, splendid, or excellent.  Each of these beliefs could put the amoralist firmly in the field of moral value judgments, as they are each representative of a kind of virtue and reflect an absence of vice as their opposing terms would show.  In this case, if one is the opposite of courageous, he is cowardly; the opposite of splendid, unremarkable; the opposite of excellent, inferior.  For the amoralist to use descriptive terms like these, with a common understanding of the meanings, it would show that he may have embraced the belief that some characteristics are better than others.  This is true unless the amoralist is merely identifying certain characteristics and applying the appropriate term based on what he knows or believes everyone else thinks, applying no value to the terms himself but acknowledging that others do.  It seems possible that the amoralist might be able to consider himself to be virtuous by others’ definitions based on the characteristics he’s shown them, or know they’ve seen from him, yet not care one whit about virtue or vice, and again refrain from moralizing about it or paying much attention to it at all.
According to Williams, the amoralist who thinks of himself as courageous will result in a false conclusion, “that the more moral citizens would be amoral if they could get away with it, or if they were not too frightened, or if they were not passively conditioned by society-if, in general, they did not suffer from inhibitions.”  Perhaps Williams sees his assertion here as self-evident.  Perhaps the falsity of the amoralist’s conclusion is not self-evident, but Williams think that an explanation is irrelevant or unimportant for the purposes of his discussion.  Regardless of how Williams reaches this conclusion, this author sees the amoralist’s claim as possibly true, but unlikely, and that if there were a change in moral behavior by removing these inhibitions, it would tend to shift toward egoism and not amoralism.
The discussion regarding a likely source of people’s motivations, while relevant to understanding how it might be possible to move the amoralist to an honest consideration of moral reasoning, provides evidence that the amoralist might well be incapable of such considerations, and not just unwilling.  The amoralist reasons that behavior is merely the result of biological predispositions and social conditioning, which, if taken to its logical end is an argument over the origins of morality, and if the amoralist has reasoned correctly, any belief in morality is nothing more than a programmed belief.  This would allow the amoralist to continue to refuse to moralize about things, but would require him to admit that it is possible some stimuli might eventually cause a reaction in him that moves him from amoralism to morality of some type. 
Williams seems to have a particularly strong desire to have the amoralist use reason to move away from his current belief system, and while I’m sure he understands that reason and emotion are two discrete influences even though they interact with each other, it isn’t until near the end of the piece that Williams is willing to move away from the focus on reason and toward a stronger focus on the drives caused through emotion; specifically by refocusing on the amoralist’s capacity for sympathy toward others, and being moved to act by that sympathy.  Unfortunately, if the amoralist is going to maintain consistency, instead of an exploration of actions caused by emotions in the hopes that such an exploration might lead to the amoralist providing reasons or justifications that open to door for moral considerations, Williams approach is likely to be stymied again by the amoralist dismissing the entire cause and effect chain reaction as having absolutely nothing to do with morality, and everything to do with biology and the social conditioning (the sum of all stimuli up to that point in time) Williams allowed for earlier.  In this way the amoralist is able to, thanks to Williams’ help, erect and perpetually maintain a nearly impenetrable obstacle keeping the amoralist firmly justified, and perhaps even factually right, in his amoralistic beliefs.  It is obvious here that Williams believes an answer can be found in sympathy, but in this piece he did not make his case, even stating (as mentioned earlier), “It does not follow from this that having sympathetic concern for others is a necessary condition of being in the world of morality…but it is true.”
 

Sunday, July 14, 2013

The Effectiveness of Transitional Justice Mechanisms and International Human Rights Treaties in Promoting Human Rights



The promotion of human rights through the use of international human rights treaties has been a point of contention between realists and constructivist for some time.  Realists believe that states act in their own rational self interest regardless of human rights treaties that do not have built in enforcement mechanisms.  Constructivists believe the treaties, and the norms expounded within them, serve as motivation for states to act in ways which respect the treaties they have signed. 
A study by Hafner-Burton and Tsutsui shows that the signing of a treaty does not lead to increased respect for human rights, specifically physical integrity rights, by the signing nation. The study was based on what the authors termed the “Paradox of Empty Promises.”  The paradox refers to the findings of the then existent research that on one hand supports claims that ratification of treaties serves as mere window dressing and ratifying states tend to radically decouple human rights policy from practice.  The other side of the paradox is the support given to the claim that the legitimacy of the human rights regimes results in effects that improve human rights practices by those same states.  The research into this paradox suggests the signing of human rights treaties leads to increased human rights abuses.  This same study shows that a nation’s connection with civil society, as measured by the number of international non-governmental organizations (INGOs) in the state, has a positive effect on human rights practices within that state (Hafner-Burton and Tsutsui 2005).  
One unanswered question from the study is how the human rights treaties affect the number of INGOs in a state.  If it can be shown the treaties result in greater numbers of INGOs, then to make the claim that treaties are insignificant or result in greater human rights abuses fails to give the treaties due credit for paving a path to increased respect for human rights through the epiphenomenon of increasing the numbers of INGOs.  A more recent study on the impact a state’s ratification of human rights treaty has on the respect for human rights argues that state specific characteristics need to be addressed as explanations for state behavior regarding human rights practices.  In this study states ratification of three different treaties was compared to their behavior from the time of ratification.  The ICCPR, CAT, and CEDAW were the treaties investigated.  The CEDAW showed improvement among the states for women’s rights, while the ICCPR and the CAT were associated with worse human rights practices.  The results seem to support his claim that “more treaty-specific theory building is needed” (Hill 2010).
Transitional justice mechanisms refer to criminal prosecutions, truth commissions, reparations, and institutional reforms (ICTJ).  When it comes to seeing that justice is served by way of an international court, based on Owen Fiss’s article, “Within Reach of the State: Prosecuting Atrocities in Africa,” there is little reason to believe that international bodies can be effective at providing anything remotely resembling retributive justice.  In order to more readily reach a state of civil society and put the crimes of the past in the past there is a need to rely on efforts at reconciliation by way of measures seeking restorative justice.  In many cases the scale of atrocities is such that the numbers of perpetrators are so large that trying to set up prosecutorial systems are likely to fail in two ways.  First, the costs of investigations, case development, defense advocates, and the necessary systems to make the outcome as fair and objective as possible would be beyond the means of most states where these courts would need to be set up.  The costs would also be higher than any international body would be willing to pay to fund such an endeavor.  Second, the social results of trying what would likely be an extremely large number of people from both sides of a conflict, including those who may still have substantial political power risks increasing resentment from all involved parties and their supporters, and could spark new violence.  Considering the limitations the international agencies have when it comes to enforcement, it does seem a huge waste of money. For example, the only conviction the International Criminal Court (ICC) has ever received was in March of 2012 when it handed down a fourteen year sentence for Thomas Lubanga.  One conviction in ten years does not indicate money well spent from a cost-benefit perspective.  Fiss does, grudgingly, admit to the possibility that perhaps it is best that prosecutorial or retributive justice be sought for only the most egregious perpetrators, however, and that is historically the province of truth commissions (Fiss 2009).
When it comes to restorative justice, the tool of choice is the truth commission.  Unfortunately, though, there is little empirical evidence that truth commissions actually provide any sort of justice at all.  Restorative justice relies on the ability of a state to successfully transition from one that may be likely to fall back into the practices that warranted the necessity for a truth commission to one that is less likely.  This normally is addressed by trying to incorporate more democratic institutions, an objective judiciary that is not under the control of an executive or any legislators, the restructuring of armed forces firmly under the control of civilian authorities, and police that are accountable for their actions.  Ideally, a truth commission is able to publish its findings and make suggestions that the government will take and restructure itself.  One problem with knowing if truth commissions are causal agents for this change, when it happens, is how to separate the effects of the truth commission from the transitional effects already in motion by the state.  Eric Brahm makes a suggestion on how this may be done with a multimethod approach.  While many of his suggested methods for controlling variables seem possible, there are others that are likely to prove very problematic (Brahm 2007).  For example, he doesn’t explain how he would operationalize or measure the effects on the state brought about by powerful political personalities, pressure from civil society or the international community.  Brahm also mentions that the composition of truth commissions matter, their specific mandate matters, as does the degree of public dissemination of any reports.
I think a strong case can be made for the use of restorative justice mechanisms as a means of bringing about a more civil society.  In 2002, Rwanda instituted a system of local courts to hear cases regarding the 1994 genocide to discover the truth, reconcile the perpetrators with the victims, and seek some minimal semblance of retributive justice.  Looking at the CIRI physical integrity rights index for the eight years immediately following the genocide, and comparing the results to the eight years following the institution of these Gacaca Courts, an argument can be made that the hybridization of restorative and retributive justice can provide an appearance of success.  The index is ranked from 0-8, with 0 being the worst result and 8 being the best for human rights respect.  The mean and median scores immediately following the genocide were 1.75 and 2.00, respectively.  The numbers were 3.375 and 3.50 for the eight years after the initiation of the courts.  While the small degrees of freedom keeps the results from being statistically significant, if the current trend continues for several more years and the years preceding this test were added, the results would likely be significant.  Table 1 shows the results of the CIRI query for the years in question.







       Table 1
CTRY
YEAR

PHYSINT




Rwanda
1995

0




Rwanda
1996

1




Rwanda
1997

0




Rwanda
1998

2




Rwanda
1999

3




Rwanda
2000

2




Rwanda
2001

3




Rwanda
2002

3




Rwanda
2003

2




Rwanda
2004

2




Rwanda
2005

4




Rwanda
2006

4




Rwanda
2007

5




Rwanda
2008

4




Rwanda
2009

3




Rwanda
2010

3


















Works Cited
Brahm, Eric. "Uncovering the truth: examining truth commission success and impact." International Studies Perspectives 8.1 (2007): 16-35.

Fiss, Owen. "Within Reach of the State: Prosecuting Atrocities in Africa." Human Rights Quarterly 31.1 (2009): 59-69. Print.

Hafner-Burton, Emilie M., and Kiyoteru Tsutsui. "Human Rights In A Globalizing World: The Paradox Of Empty Promises." American Journal Of Sociology 110.5 (2005): 1373-1411. Business Source Premier. Web. 9 Dec. 2012.

Hill, Jr., Daniel W. "Estimating The Effects Of Human Rights Treaties On State Behavior." Journal Of Politics 72.4 (2010): 1161-1174. Business Source Premier. Web. 9 Dec. 2012.

ICTJ – International Center for Transitional Justice. "What is Transitional Justice? N.p., n.d. Web. 9 Dec. 2012. <http://ictj.org/about/transitional-justice>.