Morality and Normativity from Michael J. Perry's Lecture

Emory University School of Law: Legal Studies Research Paper Series

Research Paper No. 13-255: Morality and Normativity

  • Lecture by: Michael J. Perry

  • Availability: Can be downloaded from the Social Science Research Network Electronic Paper Collection.


Abstract and Key Points

  • The essay elaborates on a specific morality, particularly focusing on human rights morality.

  • Ground-of-Normativity Question: This refers to questioning the basis of moral normativity with respect to human rights.

  • Religious Response: The essay presents a religious perspective on this question after acknowledging skepticism about secular responses.

  • Critical Commentary: Comments on John Finnis's secular responses and implications if secular responses are deemed implausible.

  • Philosophical References: Engages with Friedrich Nietzsche's views on morality and critiques from moral philosophers like Philippa Foot.


I. Preliminaries

  • Recognition of multiple moralities in the world, defining “morality” as claims regarding how human beings ought to live.

  • Examples of conflicting moralities:

    • Hitler vs. Mother Teresa's moralities.

    • The notion that moral normativity is understood through impartiality and equality.

Moral Skepticism
  • Moral skepticism posits that all moral claims are false rather than asserting just one true morality exists.

  • The focus on impartiality leads to acknowledging multiple moral frameworks.


II. The Morality of Human Rights

  • Human rights morality has become globally recognized, transcending other moralities.

  • International Bill of Rights: Comprises three pivotal documents:

    1. Universal Declaration of Human Rights.

    2. International Covenant on Civil and Political Rights (ICCPR).

    3. International Covenant on Economic, Social, and Cultural Rights (ICESCR).

  • Core Claims of Human Rights Morality:

    1. Inherent Dignity: Every human being possesses inherent dignity, as stated in foundational documents.

    2. Normative Force: Such dignity necessitates living in alignment with respecting dignity.

Definition of Terms
  • Dignity: Recognized as the inherent worthiness and value of individuals, unlinked to societal status or achievements.

  • Inviolability: Individuals must not be violated, maintaining respect for their dignity.


III. The Ground-of-Normativity Question

  • This can be applied to assess the truth of moralities.

  • To affirm the morality of human rights entails asking why any individual ought to respect this dignity.

  • Religious response: A Christian perspective, asserting all beings are sacred, shapes the call to respect dignity based on divine love.

Sarah: An Example Character
  • A hypothetical believer exemplifying the moral stance on respect and dignity based on religious conviction.

  • God’s Love: Recognizes every human as sacred and articulates moral imperatives based on this recognition.


IV. Is There a Plausible Secular Response?

  • Skeptical Consideration: Acknowledges difficulties in deriving moral imperatives without religious grounding.

  • Discusses philosopher John Finnis's attempts at secular arguments that claim universal moral truths and social benefits achieved through human rights adherences.

  • Highlights the inadequacy of secular responses in sustaining the claim of inherent dignity within a void of existential meaning and traditional morality.

Finnis's Secular Propositions
  • Claims of fundamental impartiality and the avoidance of harm are scrutinized for lack of underlying justification, especially from a non-religious perspective.

  • Finnis advocates that our pursuit of fulfillment necessitates goodwill towards others.


V. The Limitations of Kantian Morality

  • Kant vs. Natural Law Tradition: Explores whether Kantian moral philosophy provides solid secular grounds for moral obligations, emphasizing the uniqueness of human rationality.

  • Critique of Kant: Links moral obligations back to self-interest, which diminishes altruism’s role in morality.

  • Human moral nature is intrinsically tied to social and relational contexts unaccounted for by Kant’s hygiene.


VI. Implications if No Plausible Response Exists

  • Hypothesizing a world where both religious and secular grounds for morality failed, leading to questioning the meaning and implications of legal and human rights.

  • References to how such scenarios lead to reverting moral obligations to societal conventions, abandoning deep moral commitments and absolutes.


VII. The Broader Ethical Considerations in the Absence of Normative Grounds

  • Reflects on critical ethical dilemmas arising from historical atrocities like the Holocaust and the inherent conflicts in valuing human dignity without a stable metaphysical or theological foundation.

  • Czeslaw Milosz's View: Questions the survival of a moral framework based solely on individualistic sentiments removed from historical and cultural grounding.


Conclusion

  • The essay concludes contemplating profound questions of morality's foundational beliefs—whether religious or secular—and their implications on understanding human dignity and moral obligations.

  • It raises essential reflections on the sustainability of human rights claims amidst philosophical skepticism about the intrinsic dignity of individuals without transcendental guarantees.