No Borders, No Bystanders: Developing Individual and Institutional Capacities for Global Moral Responsibility 1 Neta C. Crawford, Boston University Scholars of world politics and international ethics have long posed questions about our responsibilities to distant others and offered visions of what we owe each other as citizens of the world. Yet there is a gap between cosmopolitan ideals and our ability to consistently see and act with moral vision. How can we see distant and different others as persons for whom we should care? What capacities do individuals need to enhance to be better moral actors? What institutional supports, arrangements, and conditions could help individuals develop their moral capacities and facilitate collective moral deliberation and more just outcomes? In Basic Rights, Henry Shue argues that certain rights are basic in the sense that when those rights — security and subsistence — are guaranteed, other rights can be enjoyed. When basic rights are not guaranteed, then other rights can be enjoyed only precariously.2 Basic rights are both negative and positive in the sense that to be guaranteed, we must avoid harming others, but we must also act in positive ways to provide subsistence and security. In "Mediating Duties," Shue suggests that because humans are causally tied to others in the globe as never before, there is no reason, other I thank Charles Beitz, Robert Goodin, Ann Ferguson, members of a workshop on institutional responsibility at the University of Wales, Aberystwyth in July 2007, and participants in seminars at the University of Toronto in September 2007 and Cornell University in October 2007 for comments. 2 Henry Shue, Basic Rights: Subsistence, Affluence and U.S. Foreign Policy (Princeton: Princeton University Press, 1980) p. 30. 1 1 than limited individual resources, to circumscribe our moral concern to compatriots. Because individuals cannot provide for all others in need, Shue argues that we must design institutions that do so: "among the most important duties of individual persons will be indirect duties for the design and creation of positive-duty-performing institutions that do not yet exist and for the modification or transformation of existing institutions that now ignore rights and the positive duties that all rights involve." Shue focuses on institutions in part for efficiency reasons. "Such duty –respecting institutions can at least partly coordinate the activities of those claiming their rights and those doing their duties. There is no reason this cannot be done across national borders."3 The trouble is getting individuals to design institutions that promote security and subsistence, and for that to occur, many more individuals than do so now must see the provision of these rights as urgent priorities. This is the problem that Shue sets out in "Mediating Duties" when he says: "The world is full of foreigners. Most of them are strangers to me, and I have every reason to doubt that most of them have ever given me a thought. Is there some reason I should give thought to them?"4 Indeed, if we give thought to fate of most of the world's inhabitants, the facts of existence are harsh. Thousands of people, many of them children, die each day for lack of safe drinking water. The global rise of sea levels will eliminate several low-lying islands and with them the homes of thousands of people. Millions suffer and die from multi-drug resistant tuberculosis and other curable illnesses. The lives of billions of the world's poor are more miserable and shortened compared to the lives of those with means in developed countries. Sometimes large numbers of civilian deaths in war can be excused if those 3 4 Henry Shue, "Mediating Duties," Ethics vol. 98, no. 4, (July 1988) pp. 687-704: 703. Shue, "Mediating Duties," p. 687. 2 deaths are a "necessary" and unintended consequence of military actions that were intended to accomplish a legitimate military end. These brutal conditions existed before my birth and will likely persist for the foreseeable future absent any fundamental change in the organization of the world economy or in the resources the world's rich send to the world's poor. I am saddened by these facts, but am I obliged to do anything about them? In a sense, are we not all bystanders to forces and situations beyond our immediate circumstances? As Shue rightly suggests, individual capacities are limited and he focuses on institutional reform because he wants to allow for individuals to have some respite from what would be burdensome duties. "[W]e are all entitled to some off-duty time whether it improves performance on the job or not. . . . I am only invoking the familiar point that the duties of ordinary people must be less demanding than the performance of saints and heroes because duty bearers are themselves right-bearers too and may justifiably choose not to be heroes."5 How is it that humans with resources can be transformed from bystanders to heroes, albeit ordinary heroes who can see others as deserving of empathetic and respectful care? I take two conditions as given — the increasing but incomplete globalization of the world economy, and our increasing but incomplete political and cultural connection to distant others. These real and perceived connections often lead to moral dilemmas of both an everyday sort, such as what kind of coffee to buy or whether do donate to Oxfam or Save the Children, and the exceptional variety, for instance how to respond to what might be an unfolding genocide. How should we understand individual and collective moral responsibility in this incompletely cosmopolitan context? What do we 5 Shue, "Mediating Duties," p. 697. 3 owe different and distant "others"? How ought we act as "global citizens"? While some moral visions are more and less likely to promote justice and the well being of others, I cannot myself alone devise that system. I cannot hope to suggest a program that will either be agreed to by all or that will fit all sorts of situations. I cannot answer the question: If we are to act to help others, how should we do so? Different situations will have different requirements.6 The particular attitudes, practices and institutions that are required for justice can be rooted in principles but must be applied to particular circumstances. Global moral responsibility, for that is what it is, ought to preserve the self and others' autonomy and agency, but in any instance of the effort to be responsible, the program will have to be worked out in a way that is sensitive to the details of the case and which engages the participation of those affected. Which is not to say that the immediate situation of many could not be improved through relatively easy and immediate steps. Although many problems are complex, some, if not many, reforms are likely to be obvious and perhaps easy to achieve once the need becomes manifest and the political will develops to enact them. But why is need not manifest and political will lacking? What kinds of individuals and institutions are more likely to be able to see moral problems and address them in ways that are just and compassionate? All I can hope to do is to suggest ways to enable the process of taking moral responsibility — prerequisites for moral responsibility. I outline prerequisites for moral responsibility in a world without firm political borders and with increasingly porous moral boundaries. The first set of prerequisites is the development of individual emotional and cognitive capacities for moral vision and For instance, situations of ongoing injustice may require different remedies than situations where the injustice or harm was perpetrated long ago and what remains are structural disadvantages in a context of relatively fair or just institutions and practices. 6 4 moral reasoning — for empathy, respect, and context sensitive deliberation. The second set of prerequisites entails the development of collective or social capacity, namely institutions that support individual moral capacity and a robust set of public spheres and institutions with procedures for publicity and accountability. Many scholars have focused on enumerating rights and corresponding duties, and more recently others have suggested ways to democratize international institutions so that they become more transparent, inclusive and accountable.7 While agreement on rights and duties and appropriate institutional reforms are essential, I argue that attention to what used to be called individual moral development is as important as those institutional reforms. Individual capacities to recognize when others rights have been violated or need protection, and the ability to deliberate about the ways to achieve justice, is an essential precondition for the achievement of a more just world. Moral Bystanders What do we owe each other as humans living on the same planet? individuals, the answer used to be quite simple — not much. For most The answer for states was essentially the same: for centuries, the dominant understanding of obligation in world politics was characterized by the notion that moral boundaries were co-terminus with state borders. Intervention among equals was neither desired nor required. States were moral containers and intervention was supposed to be exceptional, reserved for cases See, for instance, Rodger A. Paine and Nayef H. Samhat, Democratizing Global Politics: Discourse Norms, International Regimes, and Political Community (New York: SUNY Press, 2004); Ann Florini, The Coming Democracy: New Rules for Running a New World (Washington, D.C.: Brookings Institution Press, 2005); Heikki Patomäki and Teivo Teivainen, A Possible World: Democratic Transformations of Global Institutions (London: Zed Books, 2004). 7 5 where a state's security or sovereignty was at risk. The international institutions created in the twentieth century — the League of Nations and the United Nations — epitomized the Westphalian order nominally begun in 1648 in that they assumed both national identity and sovereign equality. Even the League of Nations Mandate system and the United Nations Trusteeship system, set to govern the relations of great powers to dependencies, presumed that, one day, all states would be equal. The UN Charter imagines government by states and conceives of intervention as the exception. Yet the Charter is ambivalent in some respects, when in its opening lines it says "we the peoples of the United Nations." Similarly, the Universal Declaration of Human Rights assumes that human rights are to be protected and exercised within states. In all those contexts, states are considered the responsible agents of international politics. It was possible to argue that there was virtue in being a moral bystander. The virtue, of course, was the protection of "state sovereignty." The invocation of state sovereignty was a call and license for bystandership, where bystanders are understood to be neutral, uninvolved, and not responsible. Yet, more recently, notions of sovereignty and responsibility have turned on their head as cosmopolitanisms of various sorts have become increasingly dominant. Domestic responsibility, defined as democracy and respect for human rights, is now understood by many as a prerequisite of sovereignty. States that act irresponsibly are said to forfeit their sovereignty. Intervention in those cases is desired and required. Only a decade after the end of the Cold War, the notion of legally justified intervention as a self-interested act to preserve international peace and security had given way to intervention as a moral obligation to others. This is most clearly seen in the language of the International Commission on Intervention and State Sovereignty report, The 6 Responsibility to Protect: "sovereignty implies a dual responsibility: externally – to respect the sovereignty of other states, and internally, to respect the dignity and basic rights of all the people within the state. In international human rights covenants, in UN practice, and in state practice itself, sovereignty is now understood as embracing this dual responsibility. Sovereignty as responsibility has become the minimum content of good international citizenship."8 The Responsibility to Protect was thus a watershed in articulating the nascent view. Thinking of sovereignty as responsibility, in a way that is being increasingly recognized in state practice, has a threefold significance. First, it implies that the state authorities are responsible for the functions of protecting the safety and lives of citizens and promotion of their welfare. Secondly, it suggests that the national political authorities are responsible to the citizens internally and to the international community through the UN. And thirdly, it means that the agents of state are responsible for their actions; that is to say, they are accountable for their acts of commission and omission.9 This view of responsibility implies an obligation to intervene: "sovereign states have a responsibility to protect their own citizens from avoidable catastrophe – from mass murder and rape, from starvation – but that when they are unwilling or unable to do so, that responsibility must be borne by the broader community of states."10 In 2004, the UN Secretary-General's High-level Panel on Threats, Challenges and Change articulated a more comprehensive right to intervene. The title of the report emphasized responsibility: A More Secure World: Our Shared Responsibility. In signing the Charter of the United Nations, States not only benefit from the privileges of sovereignty but also accept its responsibilities. Whatever perceptions may have prevailed when the Westphalian system first gave rise to the notion of State sovereignty, today it clearly carries with it the obligation of a State to protect International Commission on Intervention and State Sovereignty (ICSS), The Responsibility to Protect (Ottowa: International Development Research Centre, December 2001), p. 8. 9 ICSS, The Responsibility to Protect, p. 13. 10 ICSS, The Responsibility to Protect, p. viii. 8 7 the welfare of its own peoples and meet its obligations to the wider international community. But history teaches us all too clearly that it cannot be assumed that every State will always be able, or willing, to meet its responsibilities to protect its own people and avoid harming its neighbours. The High-level Panel suggests that the responsibility to protect devolves on to multilateral institutions when individual states fail to act to prevent or halt ongoing abuse. "And in those circumstances, the principles of collective security mean that some portion of those responsibilities should be taken up by the international community, acting in accordance with the Charter of the United Nations and the Universal Declaration of Human Rights, to help build the necessary capacity or supply the necessary protection, as the case may be."11 When states or international institutions, such as the United Nations or NATO, fail to act to prevent or halt genocide we say they have failed. Similarly, social movement activists exhort individuals to take actions that have positive consequences across borders. Human beings today thus live at a crossroads of moral concern. For much of the last century, humans have thought of themselves as citizens of states, with their moral obligations and the obligations of states to outsiders ending at state borders.12 If there are hard physical and moral boundaries in the world, I can remain a bystander to the suffering of those beyond the border. If political, moral and identity boundaries are not so hard, I am no longer a bystander. Indeed, moral concern has gradually broadened to encompass others, outside the state. Today, most of us can see both possibilities — United Nations, A More Secure World: Our Shared Responsibility, Report of the Secretary-General's High-level Panel on Threats, Challenges and Change (UN 2004) p. 17. 12 And even then, love of country entailing sacrifice does not come naturally. Tremendous state resources must be spent to inculcate citizens in patriotism and to mobilize their participation in wars and other national efforts. 11 8 individuals and states might limit their moral concern and action to citizens within borders or we might care about and act with equal concern toward (at least some) outsiders. Where until recently, humanitarian intervention was considered a rare benevolent act we might today blame ourselves, and others, when we don't help distant strangers in great distress. We can also imagine that intervention can be paternalistic or self-interested, and a violation of others rights. Thus, we need a way to see, deliberate, and act. Yet, if humans have glimpsed a vision of global moral responsibility, we do not yet always have an understanding of what to do, much less the will, and the means to enact that concern. How shall we know when to act, how to act, and when to stop acting? Put differently, as Robert Goodin asks, how can we "motivate political morality?"13 Moral Responsibility Policymakers frequently invoke responsibility without offering a definition. Scholars tend to talk of prospective and retrospective moral responsibility in respect to obligations that arise from moral duties.14 By prospective moral responsibility I mean the expectations we have about how we should act in particular situations and the institutions that we put in place to ensure responsible action. By retrospective responsibility, I mean the act of looking back at what we have done and assigning praise Robert E. Goodin, Motivating Political Morality (London: Blackwell, 1992). See for example, Toni Erskine, "Introduction: Making Sense of 'Responsibility' in International Relations — Key Questions and Concepts," in Toni Erskine, ed., Can Institutions Have Responsibilities? Collective Moral Agency and International Relations (New York: Palgrave, 2003) pp. 1-16. 13 14 9 or blame according to how well prospective responsibilities were met.15 Taking responsibility retrospectively entails both acting responsibly in the present and looking backward. If in looking backward we find wrong, we should expect individuals and collectives to change those practices that brought harm if they have not already done so, and to make repair. Christian Barry offers a distinction between moral responsibilities and responsibilities of justice. Moral responsibilities, he argues, are "held directly to other agents." Responsibilities of justice, "such as those to institute and uphold just institutions, to ensure that they are complied with, or to bring remedy to hardships when they are lacking, are held only indirectly to other agents insofar as they are affected by social rules."16 For Barry, appeals to justice call on agents to change the rules, while appeals to moral responsibility call on actors to change their behavior within existing rules. I agree with Barry that individual agents have moral responsibilities and that one must also be concerned about institutions and how they might or might not be just or create the conditions that foster justice. Nevertheless, agency and structure cannot be easily separated. Unjust institutions and practices are more likely to product unjust outcomes no matter the best intentions of individuals or collective agents. On the other hand, agents with well developed moral capacity are more likely to produce institutions and develop social practices that are just. Or as Martha Nussbaum states, "institutions See also Robert Goodin's distinctions between task responsibility for what one should do, and liability responsibility, which assigns credit or blame for what someone has done. Robert E. Goodin, Utilitarianism as a Public Philosophy (Cambridge: Cambridge University Press, 1995). 16 Christian Barry, "Global Justice: Aims, Arrangements, and Responsibilities," in Erskine, ed., Can Institutions Have Responsibilities?, pp. 218-237: 220. 15 10 do not come into being unless people want them, and they can cease to be if people stop wanting them. . . ."17 Thus, my conception of responsibility includes institutional design, as well as individual moral responsibility. In other words, while it is vital to talk about individual moral responsibility, there are some activities that we can only undertake as members of collectives and through institutions. Whether acting alone or as a member of a collective, pre-existing beliefs, practices, and relations of power affect the options and abilities of individual and collective actors. Understanding and acting on our moral obligations to others depends on both individual capacities and on the background of social institutions — including the prevailing system of beliefs and the distribution of resources and opportunities. Thus, while the recent attention to institutional design for democracy is welcome, scholars of world politics should also attend to individual capacities for moral vision and deliberation and the ways institutions can enhance individual capacities. In what follows I am concerned less with specific moral responsibilities than with the idea that we need the capacity to figure out what those responsibilities are and how to implement them. This is in part because I think it is extremely difficult for humans, by themselves, to figure out the scope of their negative and positive moral responsibilities and how to enact them. Once we recognize that something is required of us, we have to overcome the hurdle of akrasia, any weakness of will, to act. Robert Goodin suggests several strategies for getting people to act morally, even if their first impulse is to act self-interestedly. Goodin admits however that his strategies "start from the fact that Martha Nussbaum, Frontiers of Justice: Disability, Nationality, Species Membership (Cambridge: Harvard University Press, 2006) pp. 409-410. 17 11 people have certain firmly held moral intuitions."18 Indeed, "All of those strategies. . . implicitly assume that there is already something in people's motivational make-up — a 'sense of morality' — to which we can appeal when trying to motivate moral beliefs and moral behavior."19 Humans must determine their moral responsibilities in dialogue with others who will be, in some cases, participants in the co-creation of a just world, and in other instances, the beneficiaries of benevolence. What I suggest below are some basic prerequisites for building more responsible actors and social institutions. At both the individual and collective or institutional level, I suggest a parallel set of capacities as prerequisites. To be morally responsible, individuals and collectives must be able to see clearly how their actions affect others, they must be able to empathize, they must be able to reason or deliberate, and they must be able to act. I am not saying that individuals and collectives entirely lack these capacities now; rather I am arguing that these prerequisite capacities can and should be deliberately enhanced. Individual Capacity Prerequisites Most of us assume that individuals are self-interested rational actors who will look to better their circumstances if they can. The question becomes, how humans define their "self" and their "interests." Narrow definitions of self and interests lead to a harsh Hobbesian world that recreates, in some respects, the state of nature.20 Goodin, Motivating Political Morality, p. 153. Goodin, Motivating Political Morality, p. 156. 20 Onara O'Neill suggests however that "Today we have moved so far beyond the earliest State of Nature that there can be few, if any, distant strangers whom we can coherently see as living beyond the pale or limes of justice (and perhaps some other forms of moral 18 19 12 Communitarianism assumes that humans are primarily moved to act kindly, or at a minimum, justly toward one another because of their pre-existing affective ties. Because of the belief that humans look after themselves and the members of their community first, some argue that the way to figure out what is just is to assume what John Rawls called an "original position" where one is blind to one's own particular circumstances and interests. In the original position, according to Rawls, without any knowledge of their starting point or certainty about where they will end up, individuals are likely to choose a social rule or arrangement that is the most just. This is an operationalization of Kant's categorical imperative — to treat others as ends and to only enact those laws to which you yourself could be bound.21 The chief complaint of communitarians against cosmopolitans is the abstracted nature of the individuals supposed in this view.22 They argue that it is impossible for individuals to abstract themselves from their own circumstances. Critics of Rawls and the cosmopolitans who rely on his model, sometimes stop there, asserting that because it is neither possible nor desirable to forget the self and one's community, global justice is therefore impossible. Toni Erskine responds to these criticisms by suggesting a model of "embedded" cosmopolitanism.23 By this she means that we cannot ignore that people are born into concern)." Onora O'Neill, Bounds of Justice (Cambridge: Cambridge University Press, 2000), p. 197. 21 John Rawls, A Theory of Justice (Cambridge, MA: Harvard University Press, 1971); John Rawls, The Law of Peoples (Cambridge, MA: Harvard University Press, 1999). Charles Beitz, The Theory of International Relations (Princeton: Princeton University Press, 1979). 22 There are many who make this complaint. For a summary and discussion see O'Neill, Bounds of Justice, pp. 120-121 and Toni Erskine, "'Citizen of Nowhere' or the 'Point Where Circles Intersect'? Impartialist and Embedded Cosmopolitanisms," Review of International Studies vol. 28 (2002) pp. 457-478. 23 Left neo-cosmopolitanism most closely resembles the ancient Stoic idea that humans are citizens of the world. For example, the World Social Forum proclaims that "another 13 and live in communities, but that they are also members of many communities, "a web of intersecting and overlapping morally relevant ties."24 I agree that it is impossible to completely abstract the self from one's circumstances and to assume an original position. And neither is such abstraction desirable. Like Erskine, I think pre-existing ties matter; in any case, they cannot be avoided and there are many of them. But why do these ties and our actual position in the world matter? What do we get from those ties other than (potential) relations of affection and material interests we might like to selfinterestedly protect and enhance? Our communities of origin matter because we acquire our first normative beliefs and the ability to reason about our moral responsibilities within these communities, and within them we learn how to engage in moral reasoning. The pre-existing social world that individuals are born into and live in not only entails webs of more or less dense interaction, but it is the nursery of our moral knowledge, moral language, and emotional capacity. We often assume that adult humans come as fully formed moral agents and that our capacities for moral reasoning, our "moral development" is fixed at one "level" world is possible," and its Charter calls for a vision of "planetary citizenship." Left neocosmopolitans stress the fact of human interdependence on a planet of limited resources and interconnected global environmental effects. Their vision is in opposition to the homogenizing cultural effects and the impoverishing effects of global capitalism. Left neo-cosmopolitanism thus not only envisions a human community but is committed to changing what they argue are global systems of exploitation so that the world can be more just and peaceful. What is neo- about these left cosmopolitans is the fact of their simultaneous "rooted-ness" and global concern. Specifically, Sidney Tarrow observes that, "What is 'rooted' in this conception is that, as cosmopolitans move physically and cognitively outside their origins, they continue to be linked to place, to the social networks that inhabit that space, and to the resources, experiences, and opportunities that place provides them with." Sidney Tarrow, The New Transnational Activism (Cambridge: Cambridge University Press, 2005) p. 42. 24 Erskine, "'Citizen of Nowhere' or the 'Point Where Circles Intersect'?" p. 474. 14 or another.25 But it is important to ask, as Barbara Herman does, how our understanding is different if we don't take moral development and moral capacity as a given. Herman suggests that humans develop "moral literacy" which she describes as "a capacity to read and respond to the basic elements of the moral world."26 As Herman argues, we can be more or less literate and this moral literacy is a prerequisite to moral responsibility. As Herman suggests, we lose a great deal if we leave moral development unexamined. The tendency in modern moral philosophy to think about the developed system of moral motivation as if it were just a robust minimal moral capacity has made it hard to see how central moral learning is to a system of moral motives, or to appreciate the active or normative role moral theory should play in our view of moral development. The formation of motives and motivational structures is the business of morality, of what we might call its "department of education". It's clientele is not restricted to children. If we think of moral education as finished with primary skills acquisition, it can be hard to see that it is part of the nature of moral character that it remain open to change.27 Morality is not simply a checklist of manners, but how we react to and treat others, as Barbara Herman suggests. "Moral education, where it is something beyond inculcating a list of 'dos and don’t's,' involves the creation of a sense of self and other that makes shared moral life possible."28 Scholars talk about the development of this sense of self and other in various ways. Many simply call these capacities empathy, Jürgen Habermas variously describes empathy and moral feeling, and Arne Vetlesen describes "concern" and See Lawrence Kohlberg, Essays on Moral Development, 2 volumes (San Francisco: Harper and Row, 1981) and, for a critique of Kohlberg, see Carol Gilligan, In a Different Voice (Cambridge, MA: Harvard University Press, 1982). 26 Barbara Herman, Moral Literacy (Cambridge, MA: Harvard University Press, 2007) p. 97. 27 Herman, Moral Literacy, p. 104. 28 Herman, Moral Literacy, p. 130. Many philosophers have discussed moral education, including Aristotle, Rousseau, Machiavelli, Adam Smith, Kant, and Richard Rorty. 25 15 "attentiveness".29 Humans develop feelings of respect and compassion for others. "Moral feeling," Habermas argues, plays a role in the "constitution" or understanding of moral phenomena: humans would not understand what is moral without such feelings. "We would not experience certain conflicts of action as morally relevant at all unless we felt that the integrity of a person is threatened or violated. Feelings form the basis of our perception of something as moral." Habermas argues that a lack of moral feeling is an incapacity, while those who have moral feeling are able to engage in moral reasoning. "Someone who is blind to moral phenomena is blind to feeling. He lacks a sense, as we say, for the suffering of a vulnerable creature who has a claim to have its integrity, both personal and bodily protected. And this sense is manifestly closely related to sympathy or compassion."30 Moral feelings help us judge when someone has been harmed or when they need our caring attention.31 These dispositions are not unrelated to the ethic of care as developed by Joan Tronto in Moral Boundaries. Tronto writes about four elements of care: "caring about, noticing the need to care in the first place; taking care of, assuming responsibility for care; care-giving, the actual work of care that needs to be done; and care receiving, the response of that which is cared for to the care." 32 Tronto then articulates four ethical Arne Johan Ventleson, Perception, Empathy and Judgment: An Inquiry into the Preconditions of Moral Performance (University Park, PA: Penn State University Press, 1994). 30 Jürgen Habermas, "Morality, Society, and Ethics: An Interview with Torben Hviid Nielsen," in Jürgen Habermas, Justification and Application: Remarks on Discourse Ethics (Cambridge: MIT Press, 1993) pp. 147-176: 174. 31 Conversely, those who harm must often cut themselves off from their feelings and experience "psychic numbing," dissociation and doubling. See Robert J. Lifton and Eric Markusen, The Genocidal Mentality: Nazi Holocaust and Nuclear Threat (New York: Basic Books, 1990). 32 Joan Tronto, Moral Boundaries: A Political Argument for an Ethic of Care (New York: Routledge, 1993) p. 127. 29 16 elements of care: attentiveness, responsibility, competence and responsiveness. Vetleson suggests a similar understanding of the process of moral concern, arguing that the "sequence of moral performance is set in motion by an act of moral perception."33 Vetlesen argues that, "The empathy at work in moral perception not only turns on the ability to see; it also requires an ability to listen. Both seeing and listening mean paying attention to. They are the characteristics of what might generally be called attentiveness."34 Of course it is not easy to develop moral feeling and to be attentive to others who are different and distant from us. Specifically, ideologies and mythologies of otherness including racism and social Darwinism, technologies that ease our own labors and distance us from the immediate suffering of others, and bureaucracies that allow the work of helping and harming to be divided among many hands, makes it difficult sometimes to see the other and sometimes easy to harm the other without thinking. The tasks are thus first to see how we are related to and affect others, and then to feel. As Lifton argues, we must overcome the psychic numbing and dissociation that allows us to permit or even perpetrate suffering.35 Closely related to moral feeling, is a set of cognitive capacities that Habermas calls ideal role taking; actors should be able to step out of their own perspective in order to see the world from another person's perspective. And if we read Habermas carefully this form of reason is not divorced from feeling.36 Vetlesen, Perception, Empathy and Judgment, p. 5. Vetlesen, Perception, Empathy and Judgment, p. 8. 35 Vetlesen, Perception, Empathy and Judgment, pp. 184-185; Robert Lifton, The Nazi Doctors (London: Macmillan, 1986). 36 Herman argues that Kant should be read this way as well. Herman, Moral Literacy. 33 34 17 Ideal role taking has come to signify a procedural type of justification. The cognitive operations it requires are demanding. Those operations in turn are internally linked with motives and emotional dispositions and attitudes like empathy. Where sociocultural distance is a factor, concern for the fate of one's neighbor — who more often than not is anything but close by — is a necessary emotional prerequisite for the cognitive operations expected of participants in discourse.37 Developed alongside moral literacy, moral feeling, and the capacity for ideal role taking is a moral language and moral structure. depends on comprehensible and meaningful Private and public moral reasoning communication within and across communities. Communication, Habermas argues, is only possible because and to the extent that actors share a background stock of meaning, "a horizon of shared, unproblematic beliefs," within a context of social solidarity. Habermas calls this taken for granted set of beliefs and relationships the "lifeworld."38 We cannot presume that other's who live under different circumstances share our lifeworld: unless and until imperial neo-cosmopolitanism succeeds, a plurality of lifeworlds is a given. If we cannot erase the plurality of practices and normative beliefs we can only hope to understand our own and others beliefs. But here the lifeworld sometimes gets in the way of understanding others and the self. Thus, self-knowledge of two sorts — emotional and cognitive — is a prerequisite to moral responsibility. Emotional development is the capacity to listen empathetically to others. Geographic distance is not the primary reason that borders make a difference in our ability to listen empathetically. Emotional distance is a function of the clash of actual or perceived Jürgen Habermas, "Moral Consciousness and Communicative Action," in Moral Consciousness and Communicative Action, pp. 116-194: 182. 38 See Jürgen Habermas, Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy (Cambridge: MIT Press, 1996) p. 22. 37 18 differences in moral language — the values and principles that people in their various communities use to make their moral world. Cognitive knowledge must include a critical self-consciousness of one's causal, identity, and normative beliefs and also a self-consciousness about one's social position and how it was produced. With respect to the first sort of self-consciousness, individuals must understand the normative moral structures within which they exist and from which they reason. These moral structures include the values they hold, the roles they adopt, and the practices they consider appropriate. This self-reflectiveness about one's moral knowledge requires a critical perspective on the "lifeworld" or the taken for granted of our social lives. In other words, the moral person has moral literacy but is also destabilized and disoriented in the sense that the "normal" is not taken for granted. They understand that their moral world — their values and their relation to the other — could be otherwise. A critical self-understanding also includes the realization that the material world could be otherwise. This self-consciousness about one's social position, is simply an aware that an individual's particular situation is not simply the outcome of their efforts, but is also both accidental and structurally produced. Historical structures of wealth provided or denied certain endowments to individuals with which they could act, while contemporary relationships can exacerbate or ameliorate inequalities. Like Rawls, I want individuals to imagine that their social, economic and political position could be otherwise. Unlike Rawls, I want individuals to know their personal position and to understand how their situation, and those around them, was made possible. How was wealth accumulated? How was social capital acquired? Who suffered and suffers so that others live well? In other words, humans ought to be able to tell and envision 19 different causal stories about their relation to others.39 What is different over the last 150 or so years is that the causal stories we tell increasingly includes distant others. We live with and by the complex interlock of agents which global trade, communications, and densely connected institutions have produced. For us distance is no guarantee of lack of interaction, and we constantly assume that many distant others are every bit as much agents and subjects as nearby or familiar others, and hence are beings whose claim to just treatment (and perhaps to other forms of moral concern) we cannot reasonably settle merely by arbitrary exclusion.40 The self-conscious individual, who is critically aware not only of their normative beliefs but of their social position will be more aware of the inequalities that made their present position more or less powerful and which gives them greater or lesser advantages in ongoing and future interactions. As Henry Shue suggests, "it is groundless to think that whatever international distribution turns up over the course of history is fully just." Indeed, Shue argues, "quite to the contrary, we have lots of good reasons to think that the existing distributions of wealth and resources are morally arbitrary at best and the result of systematic exploitation at worst."41 In sum, individuals need not only an emotional disposition towards others, but specific historical knowledge of how the present world came to be arranged as it is. Moreover, this knowledge must include the understanding that even if a contemporary agreement or set of relations look to be fair, an instance of what Shue calls internal justice, they may be rooted in background circumstances that are unjust. Consider that chains of commodity production and exchange can be told either as narratives about free markets and equal exchange or as about historical relationships of the production of desire and capacity. Histories can include narratives of unequal exchange, extraction by theft, and brutal exploitation of labor. 40 O'Neill, Bounds of Justice, p. 196. 41 Henry Shue, "The Unavoidability of Justice," in Andrew Hurrell and Benedict Kingsbury, eds., The International Politics of the Environment: Actors,Iinterests and Institutions(Oxford: Oxford University Press, 1992) pp. 373-397: 386. 39 20 [I]t is perfectly possible for an instance of internal injustice to be the result of background injustice: someone may in fact accept unconscionable terms in an agreement because an independent background injustice has, for example, left her with no good alternatives to the agreement. Without the agreement she will be even worse off than she will be with the agreement . . . — but the reasons she will be worse off without the agreement is a prior injustice, independent of the agreement in question.42 Further, individual capacity must include the capacity for moral reasoning and collective deliberation. This self-reflectiveness about the moral and material world aids in ideal role taking. Humans must not only be able to put chains of reasons together for themselves and to be self-conscious about why and how they value what they do, they must be able to listen to and to make moral arguments. I suggest that this capacity is best nurtured by training individuals in what Habermas calls "discourse ethics." Discourse ethics is a formal "procedure for testing the validity of norms that are being proposed and hypothetically considered for adoption."43 In this ideal speech situation, actors eschew strategic action (coercion) and come to an uncoerced understanding with others. One tries to convince the other through the "force of the better argument". For Habermas, the key to legitimacy is rational argumentation: "the claim that a norm lies equally in the interest of everyone has the sense of rational acceptability: all those possibly affected should be able to accept the norm on the basis of good reasons. But this can become clear only under the pragmatic conditions of rational discourses in which the only thing that counts is the compelling force of the better argument based upon the relevant information."44 But humans don't come into the world knowing how to engage in discourse ethics, and like moral literacy, moral Shue, "The Unavoidability of Justice," p. 387. Jürgen Habermas, "Discourse Ethics: Notes on a Program of Philosophical Justification," in Moral Consciousness and Communicative Action (Cambridge: MIT Press, 1990) pp. 43-115: 103. 44 Habermas, Between Facts and Norms, p. 103. 42 43 21 feeling, and self-consciousness about their moral and material world, individuals must be taught how to engage in moral argument.45 Ideal role taking, adopting another person's perspective, is essential for discourse ethics because otherwise we cannot know whether the norms we claim to valid for all those who are affected by them are actually valid (justification). Empathy enables ideal role taking. Habermas is thus implicitly adding empathy of a particular sort — the ability to feel as others feel — to his view of communicative competence: "the continued existence of this communication community . . . demands of all its members an act of selfless empathy through ideal role taking."46 He argues that "at the very least, empathy — the ability to project oneself across cultural distances into alien and at first sight incomprehensible conditions of life, behavioral predispositions, and interpretive perspectives — is an emotional prerequisite for ideal role taking, which requires everyone to take the perspective of all others."47 He goes on to say that: To view something from the moral point of view means that we do not elevate our own self-understanding and world view to the standard by which we universalize a mode of action but instead test its generalizability also from the perspective of others. It is unlikely that one would be able to perform this demanding cognitive feat without generalized compassion, sublimated into the capacity to empathize with others, that points beyond affective ties to immediate reference persons and opens our eyes to "difference," to the uniqueness and inalienable otherness of the other.48 Finally, individuals must be able to act. This ability to act could be rooted in habits but it must at times also be a cultivated disposition to stand up against moral Richard Shapcott argues that hermeneutics is a better approach than discourse ethics. See his Justice, Community and Dialogue in International Relations (Cambridge: Cambridge University Press, 2001). 46 Habermas, "Morality, Society, and Ethics," p. 154. 47 Habermas, "Morality, Society, and Ethics," p. 174. 48 Habermas, "Morality, Society, and Ethics," pp. 174-175. 45 22 wrongs. In sum, the prerequisites of moral responsibility include the ability to see, feel, think and act in relation to another no matter their distance from us. My argument thus implies an end to the possibility of simple bystandership for two reasons. First, because it is difficult in fact, in a world of economic interdependence to say that we are un-connected to others. This is a restatement of Henry Shue's argument in "Mediating Duties." As Shue suggests, "we lack sufficient reason to think that once we leave behind the intimates to whom we have special duties, as well as the inner circle of genuine friends and meaningful acquaintances, duties to strangers decline progressively with their distance from us." He thus rejects a notion that our duties to others decline progressively as we move outward in concentric circles. If the concentric-circle picture of the ranking of our duties is as misleading as I say, why does it seem so natural? I suspect that it is because it was once a largely accurate picture of causality, and it was an accurate picture of causality specifically when the moral theories that are still our frameworks today in this part of the world were being worked out. It was not so long ago that if you really wanted to have much effect in a distant place, you had to go there in order to have it. . . . But now the concentric-circle image is no more accurate a representation of causality than it is of responsibility . . . . Perhaps the nearest thing to an accurate representation of the real circumstances now is one of those irregular spider webs with some very short strands and some very long strands, such that if something touches one strand it may send a shock to the farthest side of the web, while if it touches a different strand its effects may quickly fade away.49 Thus, we are causally connected to and responsible for others prior to and beyond our ever "giving a thought to them." But the sort of moral development sketched here suggests that individuals will recognize a second reason that bystandership no longer makes sense; namely that prior to, irregardless of, and beyond this causal connection, we are linked to other beings on this planet by virtue of our 49 Shue, "Mediating Duties," p. 693. 23 common residence in it and our common humanity. In this way, cosmopolitanism implies an end to bystandership. Social Capacity: Institutional Prerequisites The above discussion of individual capacity assumes that there are institutions that foster and sustain individual moral capacity and that make their exercise more or less possible. "Attentiveness, however, does not rise in a vacuum; it needs to be learned, cultivated, maintained."50 Two aspects of social institutions are relevant here: those that care for our basic human needs and socialize us into our roles as moral agents and those that ensure that the within which we deliberate are in fact capable of fostering deliberation. Scholars of world politics have paid much more attention to democratizing the latter institutions of deliberation than to ensuring that the former institutions — those which care for and educate us, are making it possible for individuals to become better moral actors. The development of individual moral capacities is stunted in conditions of institutional poverty. Before and during our earliest socialization humans must have their basic biological and emotional needs met. Our brains, including the capacity for reasoning, cannot develop without nutrition and basic education.51 Our ability to connect and empathize cannot fully develop without love and examples of empathy. Thus, the care of children, from pre-natal nutrition, to early childhood education and through late Vetlesen, Perception, Empathy and Judgment, p. 9. Amartya Sen and Martha Nussbaum have written eloquently about the capabilities required for full human flourishing. These include the physical capacities as well as emotional and reasoning capabilities. See Amartya Sen, Development as Freedom (New York: Knopf, 1999) and Martha Nussbaum, Women and Human Development:The Capabilities Approach (Cambridge: Cambridge University Press, 2000). 50 51 24 adolescence is an essential step for the formation of individual moral capacity. As these children and their parents cannot do this on their own, the provision of basic child welfare and medical care becomes an institutional capacity and responsibility. Socialization can only "stick" if there is a human with basic capacities to stick to. Thus, Joan Tronto's emphasis on care giving is vital not only in and of itself, but because it is important for creating the conditions of moral responsibility: only the cared for can be capable of fully participating in responsible moral deliberation. The institutions that care for and socialize humans are first our families and then, depending on the social setting, our extended family, neighbors and friends, schools, religious institutions, and public and private associations.52 These institutions often reinforce communitarian identities and narrow notions of relations to self and other, but they are also sometimes the incubators of cosmopolitan identity and moral literacy broadly conceived. As Nussbaum argues, "a society aspiring to justice . . . must devote sustained attention to the moral sentiments and their cultivation — in child development, in public education, in public rhetoric, in the arts."53 The institutions within which we conduct our lives can be more or less supportive of moral vision and moral deliberation deliberation.54 Institutions can, in other words, help us see the other, or blind us; they can help us hear the other, or silence and thereby make us deaf or at least hard of hearing; institutions can provide space to reason, or they can say nothing is open for discussion; and they can help us organize and act, or they can constrain our action. It must be admitted that most institutions prefer a This web of institutions is thus wider than but inclusive of civil society. Nussbaum, Frontiers of Justice, p. 414. 54 See Stephen L. Elkin and Karol Edward Soltan, Citizen Competence and Democratic Institutions (University Park, PA: Pennsylvania State University Press, 1999). 52 53 25 minimum of deliberation of any sort: we should simply follow the rules and hew to standard operating procedures. Individual agency, including moral agency, is highly circumscribed. Moreover, institutional design often assumes that individual agents come to them from equal starting points. But of course institutions and individuals have unequal endowments and starting points due to pre-existing inequality in historical and contemporary relations of injustice. Though I am not sure how this would be done, institutions can be designed to compensate for individuals who lack the capacity to engage with equal resources. What I have in mind here is something like the notion of the "reasonable accommodation" to disabilities which is called for in the Americans with Disabilities Act or the sliding scales that we see in some fees for lower income individuals. Thus, we could lower the barrier to participation for individuals. But we must also invest in public education and social services so that individuals who are members of groups that are historically disadvantaged can have the capacity to participate. In other words, these historically disadvantaged groups are disadvantaged for historical reasons — wealth (resources and labor) was taken without due compensation so that others might become rich. An eye toward justice and inclusiveness suggests that resources be redirected to those who labors made contemporary institutions as rich and powerful as they are. As Shue argues in Basic Rights systemic depravations are caused by economic policies and plans that are designed to produce wealth for some and these depravations can only be eliminated by "eliminating the strategy that requires them."55 Once we grant that not everyone has the same starting point, and moreover that our unequal starting points are the result of 55 Shue, Basic Rights, p. 47. 26 systemic depravation, we would be obliged to make repairs that began to ameliorate past harm and which changed current structures of damaging exploitation. Theorists of democracy also stress the importance of structuring institutions so that participation is inclusive and so that institutional procedures and decision are transparent and accountable.56 Public institutions and the public sphere, locally and globally, ought to be venues not simply for bargaining or voting, but for moral discourse and deliberation. Institutions ought also be structured so that it is possible for individuals to give testimony about the effects of actions and systems. In other words, institutions should be venues for both telling and hearing "sad and sentimental" stories.57 Inclusion is thus about including other forms of communication beyond "rational" argumentation, as much as it about who is allowed to speak.58 The more robust these institutions are in this respect, the more likely that moral responsibility will be understood and practiced. An example may illustrate the connection between the development of individual capacities and institutional capacities. It is sometimes hard for North Americans to understand why poverty persists in Africa. Indeed, it is common to blame Africans for their own misery — we hear that African culture is not entrepreneurial, or that African leaders are corrupt, or that tribal loyalties and hatreds trap Africans in a medieval or barbaric cycle of violence. How can we expect then an outsider to react empathetically and respectfully to Africans in need? These people are different and less than us, See Iris Marion Young, Inclusion and Democracy (Oxford: Oxford University Press, 2000). 57 On education in sentimentality see Richard Rorty, "Human Rights, Rationality, and Sentimentality," in Stephen Shute and Susan Hurley, eds., On Human Rights: The Oxford Amnesty Lectures 1993 (New York: Basic Books, 1993) pp. 111-134. 58 See Young, Inclusion and Democracy. 56 27 according to at least one narrative. There is a kind of flatness and fuzziness about these narratives of "Africa" at the same time that we think we know precisely what to do to fix Africa's ills. But what if we educated ourselves and our children in a different narrative — one that emphasized Africa in historical perspective and also illustrated contemporary relations of power and commodity exchange? What if many stories were told — including one starting with the depopulation of Africa through slavery, the arrangement of the continent's infrastructure for extraction of mineral resources, and contemporary trade agreements that are structured for the advantage of the already rich. What if children and adults heard unfiltered and unmediated Africans analyze their own situation? How was Ghana and South Africa's gold extracted and where did it go? Who benefited from the production of those commodities and who suffered and still suffers so that we in the developed world have gold, or diamonds, or titanium and oil? Who benefits? How am I connected to Africans when I give clothes to a charity or when my family heats its home? In other words, specific historical knowledge and contemporary testimony can help shrink the distance between us and them so that it is not possible to tell a simple story of laziness, corruption, or incompetence. It might not be so easy to endorse solutions that prescribe "austerity," "belt-tightening" or the "private sector." Our individual capacities must be well developed enough that we can hear and indeed seek out these different narratives, but our institutions must be developed so that we foster individual capacities and so that many stories are available and we can argue about their meaning. Toward Global Responsibility: No Borders, No Bystanders 28 What does it mean to be morally responsible? Perhaps, in the first instance, and in the last, it means to be attentive to others — to how I should act and to how I have affected those others. There are many reasons why this attentiveness is difficult to achieve, one of which is the sense that we are not causally responsible for the situations of others. After all, much of what happened to make them how they are was put into a chain of causality long ago; sometimes so long ago, it is hard to remember why things are the way they are. As Rachel Manley writes, "Time shrinks time. Old time becomes simply a number of things we know, a set of images that are one horizon, like the entire world reduced to a map and the years to one day. . . ."59 Distance and difference also shrink, flattening the shape and texture of the others' features and the fullness of our connection to them. One way to manage the emotional and cognitive distance that creates borders and moral bystanders is to slow down enough that one is able to make small what is large, to make close what is distant, and to make real what is abstract. The function of the individual and institutional prerequisites that I have outlined is to bring back the texture of the day, to enliven the features of the other, and to make visible our causal and moral connections to others so that the understanding and exercise of moral responsibility is possible. The difficulty with the picture I have just sketched is, however, patently obvious. How can we see those distant others if our difference from them blind us to our commonality? How can we see beyond exclusive communal identities such as race or class or country? How can we engage others whose beliefs and values are radically different from our own? I am not sure that we will always be able to do so; in fact there Rachel Manley, Slipstream: A Daughter Remembers (Toronto: Random House, 2000) p. 68. 59 29 is good reason to believe that we will see more othering, indifference, and violent conflict before we see less of it. But the reason to stress the development of individual and institutional capacities for moral vision, deliberation and action is also patently obvious. We already have moral capacities and at the same extremely difficult moral dilemmas that arise out of the facts of our global situation — extremes in income distribution, global climate change, and wars over ideology and resources. We can only craft better solutions to these problems — more just solutions — if we increase our individual and institutional capacities and if more people feel compelled to participate in ways that take others into account. When we look back on systems of great injustice, or practices which were intended to and succeeded in creating great harm — such as the Holocaust, apartheid, and racial slavery — we often wonder how it is that people could have done what they did. Or how could the institutions that could have acted to halt the genocide in Rwanda not have done more? We ask what was wrong with those people and those institutions. How could those of us who helped all along by not saying anything or doing something not be complicit? We assume that humans could have done otherwise and chose not to. Indeed, we know that some individuals and institutions do act responsibly in those situations — many resisted Nazi rule, fought apartheid, struggled to end slavery, and urged that firmer action be taken to halt the Rwandan genocide. Samantha Power calls those who act upstanders.60 Ervin Staub calls those who act in these contexts of brutality, "heroic helpers." "We cannot expect bystanders to sacrifice their lives for others. But we can expect individuals, groups, and nations to act early along a Samantha Power, A Problem from Hell: America and the Age of Genocide (New York: Basic Books, 2002). 60 30 continuum of destruction, when danger to themselves is limited, and the potential exists for inhibiting the evolution of increasing destructiveness." Staub wants passive bystanders to become active bystanders — indeed, if we heed him, there would be no moral bystanders. This will happen if people — children, adults, whole societies — develop an awareness of their common humanity with other people, as well as of the psychological processes in themselves that turn them against others. Institutions and modes of functioning can develop that embody a shared humanity and make exclusion from the moral realm more difficult. Healing from past victimization, building systems of positive reciprocity, creating cross-cultural relations between groups, and developing joint projects and superordinate goals can promote the evolution of caring and nonaggressive persons and societies.61 Staub also writes that, "Heroic helpers are not born."62 Nor is the every day capacity for moral reflection and responsibility of the sort that obviates the need for heroism. Our capacities for recognizing human suffering, causal responsibility, and acting responsibility, and for structuring responsible institutions must be developed: they are not born. Ervin Staub, The Psychology of Good and Evil: Why Children, Adults, and Groups Help and Harm Others (Cambridge: Cambridge University Press, 2003) p. 318. 62 Staub, The Psychology of Good and Evil, p. 315. 61 31