THE NORMATIVITY OF MORAL OBLIGATION What is it to be morally obligated to do something? Philosophers generally agree that a moral obligation is something one morally must do, something it would be (morally) wrong not to do. There are many things that there are good moral reasons to do that one is nonetheless not obligated to do. Recently, for example, I contributed money to support a website—watchingamerica.com—that I think there are good moral reasons to support. It consists of articles about the U.S., its foreign policy and political life, which are taken from newspapers around the world, including China. It is an important source of critical reaction that Americans need to be aware and take account of. But as important as this is, I don’t think I was morally obligated to make the contribution. There are many worthy causes calling for our support, and there seems to be no moral obligation to support this one in particular. I would have done no wrong if I hadn’t contributed. Moreover, the good moral reasons to make the contribution did not necessarily outweigh other, nonmoral reasons I might have had to use the money for some other purpose, say, to take my son to a baseball game. But suppose I really were morally obligated to give the money, for example, to someone I had promised it to, or to someone in emergent need who would die without it. If that were so, if it would be wrong for me not give it, then it seems that there couldn’t really be better reasons for me to do something else like using the money to take my son to the game. We can capture this with the following thesis: Categorical Moral obligations necessarily provide categorical and overriding reasons for agents to comply with them. Categorical reasons are reasons for acting that do not depend on agents’ ends, desires, or interests. And overriding reasons are reasons that defeat or override other reasons for acting otherwise. So Categorical says that moral obligations give agents reasons to comply that are independent of their aims and interests and that override any reasons they might have to do anything else. Let me say something now about how this fits with my title. ‘Normative’ and ‘normativity’ are terms that have come to play a very important role in recent Englishspeaking moral philosophy. (As a reflection of this, note the title of Christine Korsgaard’s important book: The Sources of Normativity.) Philosophers generally use ‘normative’ to apply to anything that entails reasons (normative reasons, as they are called) to do something or to have some attitude or feeling, reasons, that is, that count in favor of or justify some action or attitude. Obviously, the idea of a reason to do something is itself normative. But so also are the ideas of being desirable (being something there is reason to desire), estimable (being something there is reason to esteem), and so on. Arguably, every ethical idea is normative, and ‘normativity’ refers to this normative aspect. (I [will] say more about this in my other lecture.) Now if Categorical is correct, then the normativity of moral obligation involves the fact that moral obligations necessarily provide categorical and overriding reasons (or, at least, that they purport to). But why is this? What makes it the case that moral obligations necessarily do create categorical and overriding reasons? Trying to answer this question has 1 been one of the most difficult problems facing moral philosophers. We can see it already in one form in Glaucon and Adeimantus’s challenge to Socrates in Plato’s Republic to show them reasons why they should be just. And it becomes a central focus of moral philosophy in what is called the “modern” period, beginning in the seventeenth century with the modern natural law tradition of Grotius and Pufendorf, when the idea of moral obligation and the moral law begin to be more carefully formulated. It is the problem Christine Korsgaard confronts in The Sources of Normativity, when she seeks to uncover what she calls the “source” of the normativity of the moral law by understanding its relation to the source of practical normativity, or reasons for acting, more generally. And it is the problem that Kant sets himself in Chapter III of The Groundwork of the Metaphysics of Morals when, having established that the moral law presents itself as categorical and overriding, he asks what can show that it really is, that moral obligations are really binding on all rational agents and not just an illusion or a “figment” of the mind. Kant’s and Korsgaard’s arguments for the bindingness of the moral law are versions of the same underlying strategy. Both argue that any agent deliberating about what to do is committed to morality, to there being no good reason not to comply with the moral law. Like many other philosophers, I think that their arguments fail. It is simply impossible, I believe, to validate the normativity of moral obligation from the “first-person” perspective of deliberation. And I believe I know why this is so. The reason is that moral obligation is, in a sense I hope to make clear in this lecture, an irreducibly second-personal phenomenon. I shall argue that the normativity of moral obligation can only be appreciated and accounted for from a second-person standpoint. But what do I mean by “first-person” and “second-person” in this context? These terms may be most familiar from their grammatical use: first-person singular (in English: ‘I’), second-person singular (‘you), third-person singular (‘he’, ‘she’, or ‘it’), and so forth. Thomas Nagel made famous the difference between a first-person and a third-person perspective. Some reasons for acting can only be grasped from a first-person perspective: for example, that my child will suffer if I don’t act, or that I will, or that a certain action is necessary to keep my promise. These (first-personal) facts all seem different from the fact that Julian or William (who happen to be my sons) will suffer, or that Steve Darwall will, or that a given act is necessary to keep someone’s promise, or Steve Darwall’s promise. If I knew the latter facts, but didn’t appreciate their relation to me, the practical significance of the situation would obviously seem different. A first-person perspective locates oneself in relation to what one has in view, whereas a third-person or purely observer’s perspective does not; the latter gives one a perspective on the world, as Thomas Nagel put it, as if “from nowhere.” Philosophers have been interested in the first-person standpoint partly because of its role in agency and deliberation. When I am considering what to do, the question I am implicitly asking is “What am I to do?” Or if you and I are deliberating together, our question is “What are we to do?” Deliberation, in this way, is ultimately first-personal. The strategy that Kant and neo-Kantians like Korsgaard use to try to account for moral obligation’s normativity, again, is to argue that an agent deliberating from a firstperson perspective is committed to accepting the bindingness of the moral law as a presupposition of deliberating intelligibly at all. Very roughly, the idea is that in order to deliberate, an agent must accept two things. He must accept that there are normative reasons 2 for acting, since deliberation just is seeking reasons on the basis of which to choose one alternative rather than another. If there were no reasons to do anything, then considering what to do would simply make no sense. But second, Kant and Korsgaard argue, a deliberating agent must also accept that he is free in a very strong sense that Kant calls autonomy of the will. This Kantian notion is hard to make precise, but the rough idea is that normative reasons cannot be simply given to the will, constraining the will, as it were, from the outside, but must derive from the will’s (or practical reason’s) own free activity. As Kant puts it, norms of practical reason must be “self-legislated.” Now you may be pleased to know that we don’t need to plumb the depths of Kant’s metaphysics of ethics here. What I want to do instead is to show why even if an argument of the kind that Kant and Korsgaard advance were to work in its own terms, it still wouldn’t account for a very important part of the normativity of moral obligation, what I call its second-personal aspect. And, if I have time, I would like also to indicate how, once we appreciate the second-personal character of moral obligation, we have to accept Categorical. From a second-person perspective, we see why, given what moral obligations are, we have to regard them as creating categorical and overriding reasons. So not only, as I see it, is appreciating the role of the second-person standpoint necessary to explain a central aspect of the normativity of moral obligation that has hitherto been neglected. It is also essential to giving a satisfying explanation of that aspect—the necessary creation of categorical and overriding reasons—that philosophers have generally taken to be moral obligation’s hallmark. So what do I mean by “second-personal”? You and I take up a second-person standpoint, for example, whenever we have a conversation together. Right now, for instance. We address one another as a “you” to whom the other is a “you” in return. As Martin Buber put it in I and Thou, “When one says You, the I of the . . . I-You is said, too.” It is the element of address that is central to the second-person perspective. More specifically, what I mean by the second-person standpoint is the perspective you and I take up when we address, either explicitly or implicitly, claims and demands to one another, not by sheer force, as when one of us simply demands something: e.g., “Give that to me!” but when we put forward a claim or demand as valid or legitimate. For example, when you claim something as your right, you address this claim to someone even if only to the community as large. And you think that you have the authority to claim it and that because you do others thereby have a reason to provide it to you. Similarly, to anticipate a point that will be important in what follows, if we hold one another responsible for complying with a moral obligation, or hold ourselves responsible, here again, we must suppose that we have the authority to expect or demand this of each other and ourselves. And must we also think that because we are subject to this authoritative demand we thereby have a reason to comply. I call reasons that depend upon authoritative claims and demands in this way, and so must be able to be addressed second-personally, second-person reasons. Ultimately, I shall want to argue that the reasons that are created by moral obligations are second-personal reasons. But first to help get the intuitive idea of a second-personal reason across, consider three different ways that you might attempt to give someone a reason to do something. 3 Imagine that, for whatever reason, someone has stepped on your foot. Consider three different kinds of reasons you might give him to move his foot from on top of yours. One might simply be the fact that you are in pain, that he is impeding your freedom of movement, and that these are bad things, both bad for you and simply bad things in themselves. Suppose, for example, that you could get the person stepping in your foot to feel sympathy for you in something like the way that Mencius describes the natural tendency to feel compassion for a child who is about to fall into a well. The other person would then see your pain and impediment as reasons to move his feet. Moreover, these reasons would be completely independent of whether or not you had any right to his doing so and whether or not he had any moral obligation to do so. In fact, he might not even have any concepts of moral right and obligation and still see that he had some reason to move his foot in the simple fact of your pain. In recognizing this reason, he wouldn’t be recognizing, even implicitly, anybody’s standing to claim or demand that he move his foot. He would just be accepting that there is a good reason for him to do so. Now suppose, second, that you know that the person stepping on your foot sees stepping on people’s feet as a kind of conduct that is base and therefore beneath him. A noble person, he might think, never lowers himself to stepping on others’ feet; doing so, is shameful and base. So you point this out to him. He could accept what you were saying, see the reason for moving his foot to which you are pointing, without thereby acknowledging that he is responsible to anyone, even to God, for moving his foot. He would not be committed thereby to recognizing anyone as having any authority to claim or demand that he move it. Here again, he would be accepting a reason to move his foot that holds quite independently of anyone’s standing to claim or demand anything of him. But suppose you take him to be infringing on a right not to have your feet stepped on. In thinking this, you would be committed to thinking that this gives him a reason not to step on your foot, to get off your foot and apologize, if he has, and so on. The very idea of a right, as Joel Feinberg pointed out, depends upon the idea of a standing or authority that one has to claim the right; that is to address a claim or demand for certain conduct to another person and expect compliance. In addressing the claim or demand to the other, moreover, one must suppose that there is a sufficient reason for the person not to step on your foot, and to get off if he has, simply in the fact that you have this right. This reason is a second-personal reason, since it wouldn’t exist but for the possibility of addressing claims and demands to one another second-personally. An authority to address claims and demands to one another is simply part of the concept of a right. To put the point the other way around, someone might think she has the weightiest possible reasons to stay off of other people’s feet, for example, out of compassion, or because such behavior as ignoble, without accepting that they have any right to her doing so, since she could accept the former without accepting anyone’s authority to demand that she keep off their feet. Or suppose you think that we all have a moral obligation not to step on one another’s feet and you point this out to him. Here again, I argue, the reason you would thereby give him would be a second-personal reason. The explanation of why this is so is that being responsible is simply part of what it is to be morally obligated. What we are morally obligated to do is not just what there are good moral reasons to do, but what we are morally responsible for doing. Consider my initial example of giving to support watchingamerica.com. Part of what we must be thinking when we think that I have no 4 moral obligation to support the site is that I do not have a moral responsibility to support it, despite the good reasons to do so, that it would be unjustified for others to hold me responsible for supporting it, for example, by feeling indignant towards me if I didn’t; and unjustified also for me to hold myself responsible for supporting it, for example, by feeling guilt if I chose not to do and took my son to the ballgame instead. In his famous work, Utilitarianism, John Stuart Mill expressed this conceptual connection between moral obligation and responsibility as follows: We do not call anything wrong, unless we mean to imply that a person ought to be punished in some way or other for doing it; if not by law, by the opinion of his fellow creatures; if not by opinion, by the reproaches of his own conscience. By “punishment” in this context, Mill does not necessarily mean anything formal, although he thinks legal punishment is called for in the case of violation of significant rights. Mill’s fundamental idea is that is simply part of the concept of wrongdoing, the violation of moral obligation, that this is something we are rightly held responsible for, and that we often appropriately do this by the ways in which we regard and implicitly address one another and ourselves. The way I would put the point is that a moral obligation always entails a responsibility to one another as members of the moral community. What I shall seek to show next is that when we hold each other and ourselves thus responsible, we implicitly address demands for compliance to one another and ourselves, and presuppose the authority to do so as members of the moral community. Before I do that, however, let me recapitulate the argument to this point. We have been seeking to understand the distinctive normativity of moral obligation, that is, the distinctive character of the reasons for acting that a moral obligation gives us. Philosophers have traditionally attempted to capture this with the thesis I called Categorical: that moral obligations necessarily give rise to categorical and overriding reasons. But this just raises a further question: Why, exactly, do moral obligations necessarily create such reasons? Kant and Korsgaard’s response is to argue that an agent deliberating about what to do is committed to treating moral obligations as providing categorical and overriding reasons. Again, arguments of this Kantian kind are widely believed by philosophers to fail. What I have been arguing, however, is that even if they succeeded in their own terms, even if, that is, they established that we always have conclusive reasons to do as we are morally obligated, they would not yet capture an important aspect of moral obligation, namely, that we are necessarily responsible for acting as we are morally obligated. To capture the distinctive normativity of moral obligation, it is necessary also to stress moral obligation’s conceptual tie to responsibility. It is part of the concept of moral obligation that we are responsible (to one another as members of the moral community) for complying with moral demands. I turn now to showing more specifically how holding one another and ourselves morally responsible always involves the implicit address of demands that we presuppose the authority to address to one another as members of the moral community. It will follow that moral obligations are second-personal reasons in the sense I earlier mentioned, and that this is a central aspect of the normativity of moral obligation. Finally, I will suggest that appreciating the second-personal character of the reasons that 5 moral obligations distinctively create can put us into a position to see why, from the second-person standpoint, we are committed to regarding these reasons as necessarily categorical and overriding also. To understand the way in which holding someone responsible (whether to someone else or ourselves) involves at least the implicit address of demands, I shall draw from P. F. Strawson’s “Freedom and Resentment.” Written in 1962 as an address to the British Academy, Strawson’s essay has been described by Philip Pettit as “perhaps the most influential philosophical paper of the twentieth century.”1 The main influence of Strawson’s article has been in debates about freedom of the will, but I believe that what Strawson said also has important implications for understanding the nature of moral obligation. Strawson pointed out that there is a fundamental difference between the way we regard someone when we relate to her (from what I call a second-person standpoint) and an “objective attitude” toward someone (in my terms, third-personal attitude). Allow me to quote at some length from Strawson’s own discussion: To adopt the objective attitude to another human being is to see him, perhaps, as an object of social policy; as a subject for what, in a wide range of senses, might be called treatment; as something certainly to be taken account, perhaps precautionary account, of; to be managed or handled or cured or trained; perhaps simply to be avoided . . . .The objective attitude may be emotionally toned in many ways, but not in all ways: it may include repulsion or fear, it may include pity or even love, though not all kinds of love. But it cannot include the range of reactive feelings and attitudes which belong to involvement or participation with others in inter-personal human relationships; it cannot include resentment, gratitude, forgiveness, anger, or the sort of love which two adults can sometimes be said to feel reciprocally, for each other. If your attitude towards someone is wholly objective, then though you may fight him, you cannot quarrel with him, and though you may talk to him, even negotiate with him, you cannot reason with him. You can at most pretend to quarrel, or to reason, with him. When we take up a second-person standpoint in relating to someone, we see ourselves as responsible to one another in a distinctive way. There is abundant psychological evidence, for example, that human beings find it more difficult to inflict harm on another defenseless person directly, especially in the other’s presence when there is eye contact or mutual recognition of some other form, than they do when they can be anonymous.2 Moreover, there are, as Strawson famously pointed out, certain characteristic “holding responsible” emotions and attitudes—what he called “reactive” attitudes and feelings— that essentially involve a second-person perspective and that are incompatible with viewing someone “objectively” in his sense. Some of these are “participant” attitudes, since we feel them from the perspective of someone participating in the particular transaction that is the object of the attitude—that of the victim, say, or of someone who Philip Pettit, “The Law of Demand,” review of The Second-Person Standpoint, Times Literary Supplement (2007). 2 I discuss some of this in The Second-Person Standpoint: Morality, Respect, and Accountability, Chapter 7, “The Psychology of the Second Person.” 1 6 identifies with her. Participant reactive feelings and attitudes include, for example, resentment, gratitude, and guilt. But it is also possible for people who were not themselves involved to have reactive responses that hold a participant responsible. Though, when I hear of the abusive and sometimes torturous treatment of innocent Iraqi citizens by American soldiers at Abu Ghraib, I feel guilt as an American citizen on my government’s behalf, it is also possible for you to have a non-participant’s reactive response—indignation, say, or moral blame—that likewise involves holding responsible. The important point for our purposes is that all reactive attitudes, whether participant or non-participant, are second-personal in the sense that, as Strawson emphasized, they all involve an implicit relating to another. Specifically, Strawson and other philosophers who have been influenced by him argue, all reactive attitudes involve the implicit making of a demand, which demand is necessarily presupposed to be legitimate. We can see this by looking briefly at the difference between guilt and shame. To feel guilty about having done something is to feel as though one is to blame for having done that thing; as though others could legitimately expect or demand (and that one could, as a representative of the moral community expect or demand of oneself) that one not have done what one did. Guilt is in this way second-personal. It involves the implicit acknowledgment of an authority to make demands of one and hold one responsible. Moreover, in feeling guilt and implicitly making the demand of oneself, one necessarily sees oneself as not having had a good enough reason to do what one feels guilty about doing. [Parenthetically, a delicate point: since this is a feeling and not necessarily a considered judgment, one’s seeing oneself as not having had a good enough reason may also be just a feeling and not a considered judgment.] It is simply impossible to feel guilt and not feel that you didn’t have a good enough reason to do what you did. Of course, you may have conflicting feelings. It may also feel to you as if you did have good reasons. The point is that feeling guilt itself involves feeling that you didn’t. In addition, in feeling guilt it also seems to one as if one were free not to have done what one did. Even with survivor guilt of the sort that Holocaust survivors feel, the feeling involves its seeming as though one might have done something to avoid culpability: “If only I had not taken that train.” Finally, the natural expressions of guilt are themselves second-personal: apology, the making of amends, and so on. Compare now shame. The natural expression of shame is not engagement but a form of disengagement, the desire to shrink from view. And shame presents itself not as the response to an implicitly addressed (and therefore second-personal) charge, but as a response to being seen in some shameful way. In this way, shame is not a secondpersonal or reactive feeling, but a third-personal one. Neither need the object of our shame be something we have done, nor need we see ourselves as having been free to avoid what we see as shameful. People can be ashamed, whether warrantedly or not, of their parents, or social status, or whatever. For our purposes, then, the central points to be drawn from Strawson’s seminal article are the following. When we hold someone responsible (whether ourselves or someone else), we take up a second-person perspective on her and her conduct and presuppose an authority to have expectations or make demands of her. But what 7 authority is that? Strawson’s answer, and mine also, is that it is an authority we have just as persons and, therefore, as equal members of a mutually accountable moral community of all persons. If consequently, the concept of moral obligation includes that of moral responsibility, it follows that moral obligation has this ineliminable second-personal element and that the distinctive reasons for acting that moral obligations provide are second-personal reasons—moral obligations are demands we legitimately make of one another as members of a mutually accountable moral community. It follows, therefore, that even if Korsgaard and Kant’s arguments were successful in their own terms, even if they could establish Categorical, they would still miss an essential aspect of the normativity of moral obligation—this irreducibly second-personal element: moral obligations are what members of the moral community have the authority to demand of one another and themselves as such members. In closing, I want briefly to suggest two final points. First, once we have appreciated the way in which moral obligation is essentially connected to the making of demands on ourselves and others from a second-person standpoint, we are in a position to see why we have to accept that the reasons for complying with moral obligations are categorical and overriding. A moral obligation, again, is conceptually related to moral responsibility and moral blame. If an action is a moral obligation, then it is something we are morally responsible for doing, and we are justifiably subject to blame if we fail to comply with it without adequate excuse. When, however, we blame someone for something, we presuppose an authority to demand that she have done what she did not do and to hold her responsible. But now consider the attitude one takes toward someone—whether to oneself or to someone else—when one blames or holds that person responsible. The attitude is a reactive attitude, in Strawson’s sense, involving the address of a putatively legitimate demand and so a second-personal reason. It follows that in order to blame someone and hold her responsible, one must suppose that she had a reason not to violate the moral obligation just in the fact that the moral community legitimately demands this, irrespective of her ends, desires, or interests. So it follows that one must suppose that there exists a categorical reason to comply with the moral obligation or demand. But what about the weight of the reason? Must we also suppose that the reason to do what one is morally obligated to do overrides or defeats any reasons that might exist not to comply and do something else? It seems that we must. To see this, ask yourself if it is possible to blame someone for doing something while simultaneously seeing him as having had sufficient reason for doing what he did. I submit that it is not. Either one will not really be blaming the person or one will not really be accepting that he had good reasons for doing what he did. Another way to see this is through the idea of accountability. One form that moral responsibility takes is that we are accountable to one another for complying with moral obligations. But if someone can establish that he had good reasons to do what he did, then he will have accounted for himself. It is simply unintelligible to continue to blame someone for what he did if one comes to accept that he did what he did for good reasons, reasons that outweighed any created by his moral obligation. It follows that 8 when we take up a second-person standpoint and hold one another and ourselves responsible for complying with moral obligations, we are committed to thinking not just that there were reasons for complying that were categorical, but also that the reasons outweighed any there might have been not to comply. Once we become convinced that there were indeed good reasons for the person to have acted as he did, we are forced to the conclusion that he was not really under a moral obligation to have acted otherwise. This means that appreciating the second-personal dimension of moral obligation helps us to see why moral obligations must purport to provide reasons that are both categorical and overriding. But why should we suppose that such reasons actually exist? Maybe we are committed to thinking they exist when we hold people responsible for complying with moral obligations, but it seems quite possible to step back from this way of viewing ourselves and one another and ask whether the reasons we are committed to accepting from inside the moral community really do exist? Might morality not be, as Nietzsche supposed, simply an ideology we have come to accept for contingent historical reasons, but which corresponds to no genuine normative reasons for acting in fact? This is the challenge that I take up in The Second-Person Standpoint. I cannot of course reproduce the argument here, but in closing I would like to say something about its shape. First, I argue that whenever we take a second-person standpoint and attempt to address any claims or demands whatsoever at all, we are committed to two assumptions about ourselves and our addressee or addressees. One is that, since we can intelligibly hold someone responsible for complying our claim or demand only if we see him as capable of holding himself responsible, we have to suppose that we and our addressee share this basic capacity or competence that any responsible agent must have. More specifically, we must assume that our addressee is capable of taking a second-person perspective and making the claims or demands of himself, for example, by being subject to attitudes of self-blame and guilt. I call this capacity second-personal competence. We must suppose, therefore, that both we and our addressee are both second-personally competent. Even more important, I argue that we must also presuppose that we and our addressee share a common basic second-personal authority just as beings who are capable of entering into second-personal relations. From the second-person standpoint, we are committed to the equal authority to make claims and demands of one another as beings who are second-personally competent, and it is this equal authority that underlies the idea of the moral community as a whole of all beings with the capacity to enter into mutually accountable relations. So conceived, the moral community is what Kant calls the “realm” or “kingdom” of ends. And what he calls the distinctive value or “dignity” of persons is an equal authority that is shared by any agent that is capable of entering into second-personal relations. If I am right, however, these fundamental moral ideas are not something we are committed to just by virtue of being rational agents capable of intelligible deliberation of any kind. Our commitment to morality comes from the second-person standpoint we cannot help adopting when we relate to one another. 9 It follows that appreciating the role of the second-person standpoint is essential both for appreciating the distinctive normativity that moral obligation purports to have and for showing that it has this normativity in fact. Stephen Darwall University of Michigan 10