Natural Rights and Virtue – Lecture 4

So far in this course we have looked at the traditional philosophical arguments for morality: consequentialism, deontology, and virtue theory. We have seen that the first two, though at first glance might appear to totally oppose one another, have, as their object, actions. Morality is a subset of rational activity. We are moral because we are rational. In the first case, consequentialism looks at, as the name implies, the consequences of an action, and in the second, deontology, the intentions behind an action. Virtue theory is different because it does not examine moral activity itself, deciding which action is moral or not, but the character of the moral agent themselves over a life time. The question is not whether such an action is honest, but what does it mean for me to be honest, which might differ in different situations.

There is, however, a more fundamental question, which we shall examine over the course of the next two lectures, whether the philosophical justification of morality is itself an illusion. Levinas asks at the beginning of Totality and Infinity, whether we are ‘not duped by morality?’ (1969, p. 21) The aim of this question is to make us think about the status of moral justification. When we observe people’s behaviour we might think the last thing we observe is morality. Is not the world exactly the opposite of the one described by philosophers? Deeper than this suspicion, we might also wonder whether the morality of philosophers themselves is as universal and rational as they portray. At one and the same time as Kant is defending the universality of the categorical imperative, he is declaring in his lectures on anthropology that Black people and Native Americans are congenitally lazy and incapable of real work.[1]

One way to respond to these criticisms is to say that Kant is merely repeating the prejudices of his age and that it is possible to salvage a rational core, but another response might be that morality is really a secondary phenomenon of a more fundamental aspect of human history, which is power. Kant conceives of Native Americans and Blacks as secondary human beings because of colonialism. The moral abrogation of their status as human beings is secondary consequence of this fact. What better way to justify slavery and genocide than a pseudo-scientific hierarchy of human races, but also we might notice how neatly this pseudo theory fits the actual actions of the European powers at the time in their systematic plundering of wealth and resources, which was fundamental to the rise of capitalism.

Morality, then, is not a subset of rationality but of power and we ought to be more critical of its supposed claim to universality that merely acts as screen concealing its true ideological function. There is a whole other history of philosophy, however, which is far more realistic about morality and power, and that is the theory of natural rights which has its source in ancient philosophy but has its modern form in the writings of Machiavelli, Hobbes and Spinoza.[2] Before we come to this tradition, let us describe how we normally think about rights (and this too has its own long history). We normally think of rights in terms of the essence or definition of something. We define what it is to be human being, for example, and then from that follows certain rights, which might be different from the rights of animals. Indeed, we have seen from our own history that how we consider the definition of people will change how we think about their rights (if we define women to be equal to men, then what we mean by this is that they have the same rights).

This way of thinking about rights goes back to antiquity. The Roman philosopher Cicero would argue that a thing is defined by its essence, which is the law of its nature.[3] Natural right does not refer to a state prior to nature but what conforms to an essence in a good society. A good society is one in which a man might realise his essence, which is his true nature. What is first is one’s duty. One only has rights to the extent that one has obligations, since it is these obligations or offices that allow me to fulfil my essence. It is the philosopher or sage who knows what essence is, what the best society would be to fulfil this essence, and what offices or duties, therefore, that would bring this realisation about.

Christianity repeats this doctrine of natural rights. The difference between the Christian version and the ancient theory is who has the authority to define what essence is, what the best society would be, and the offices and duties therein. It is no longer the philosopher who does so, but the church. How does one reverse this account of natural rights? Not by coming up with a different definition but by completely rethinking what we mean by ‘right’ altogether, and the first philosopher to do so is Hobbes. What he is doing is also saying that morality has to do with politics, which is not that different from Cicero, who is appropriated by Christianity, but he adds that when it comes to politics we need to think of power not essences. Not what is something, but what can that thing do, what is it capable of. Thus it is within the right of a small fish to eat the larger one (Spinoza, 1951, p. 200). This sounds abhorrent to us because we still think of rights in terms of schema of antiquity and Christianity, where a moral action conforms to an essence.

If natural right is defined in terms of power, then the state of nature precedes society. This means for Hobbes that human beings are not born social but have to become so. This is directly against the Christian tradition where Adam existed without sin prior to the fall. Without sin, he conformed to the natural essence of man and it was the adventures of existence that caused him to lose it. In Hobbes’ eyes it is the other way around. One is not born social and reasonable, rather one has to achieve it. What is first is not obligations or duties but rights. One limits rights in order that one can become social and responsible, but it is rights that are first. At the level of rights everyone is equal. Everyone does what they can in terms of their power. Difference arises at the level of the social, which limits people’s rights. What is important here is that it is not at the level of natural rights that we can speak of the differences between people. This means that there is no competent authority who can say what anyone is capable of or what their essence might be (it is up to them to decide what they are capable of and not an external authority). If rights come before obligation or duties that are decided in advance by an authority, then the question becomes why should I limit my rights in order to become social. In other words, what are the benefits of society to me? If a society does form, then it does so as an agreement of persons of equal rights because as a collective each increases the power of the other that would be less if they existed alone. It is we who decide to come together because it is in our best interests to do so and not because of any external authority. Here we have two very different conceptions of politics. The Antiquity-Christian model, which is juridical, and this new theory of politics that is based on power.

Just as much as we can view rights in terms of power, then so too can we redefine virtue, which would give a different meaning to virtue theory. In Machiavelli’s The Prince, virtue (virtù) does not necessarily mean moral virtue, as we might mean it, but strength or power. Thus he speaks of skill of an archer who can hit the target of from a long distance because they know the ‘strength’ of their bow.[4] The word that he uses in this context is virtù. In this way, when he speaks of the virtue of the prince, he is not listing their moral qualities, but their power to influence events and their ‘fortune’.

Spinoza, who read both Hobbes and Machiavelli, too thinks of ethics in terms of power. ‘By virtue and power,’ he writes, I understand the same thing (E4 D8). At the heart of Spinoza’s ontology is conatus. What determines the singularity of a being is not its conformity to a universal essence, whereby we might claim it is either ‘good’ or ‘bad’, such that we might say of someone that they are not rational enough once we have defined all human beings as ‘rational animals’, but its power to exist. Every individual thing, be it a stone, plant or animal, strives to preserve its existence and will continue to exist as long as something more powerful does not prevent it from so doing. I am nothing more than my power to exist, as you are, and our power to exist, conatus, is individual to each one of us. Universals, like ‘humanity’ are only abstractions that do not exist as such. I can have an encounter with you on the street, but I cannot encounter ‘humanity’.

When we normally think of ‘good’ and ‘bad’ we do so through moral values. So we might think of ‘good’ as morally good, and ‘bad’ as morally evil, but for Spinoza these are retrospective justifications for something much deeper. What is good is everything that I find useful for me; that is, what increases my power to exist. What is bad is everything I find not useful to me; that is, everything that decreases my power to exist. What is good or bad for me will be determined by my nature. Thus what is good or bad for a stone, is not going to be good or bad for me, what is good or bad for a plant is not what is going to be good or bad for me, and what is good or bad for a lion is not going to be good or bad for me, and equally, since being is singular for Spinoza, each of us are an individual expression of the power to exist, what is good or bad for me is not necessarily going to be good or bad for you. ‘We do not desire,’ Spinoza writes, something because we say it is good; rather it is good because we desire it’ (E3 P9sch.). Thus, it is not bad for the lion to eat the gazelle, since that is what lions do, but it is not good for gazelles to be eaten by lions, so generally gazelles try to avoid lions. What Spinoza would say is that we don’t need to add a moral language to understand it. Moral judgements, as we might suspect are irrelevant.

Now we might say that is alright for lions and gazelles but not for beings like us, since we, as consequentialists and deontologists would say are special and unique within the animal kingdom because of our capacity to make moral judgements. It is at this point that Spinoza’s ontology meets his ethics (and that there is no difference between them is central point of his thought, unlike Kant, for example, who saves ethics by separating them into two distinct worlds). For Spinoza, all beings, stones, plants, animals and human beings are expression of one and the same being to a certain degree. There are no exceptions, or as Spinoza says, human beings are not ‘a dominion within a dominion’ (E3 Pref.). No doubt a plant is more complex than a stone, and animal more complex than a plant, and a human being more complex than a lion, but this does not mean, ontological speaking, that human beings are a completely different kind of being. No doubt because we can speak we can confuse words with ontological reality. So because we have the word ‘evil’ we think there are evil things that transcend our own interests, but this does not mean that evil exists as such exterior to these interests. Human beings act just as lions do, the only difference is that they try and convince the gazelle that they are good for them as well. It might be true that I would lock the serial killer in prison, because such an encounter would seriously undermine by power to exist, but why, as with the example of lions and gazelles, do I need to add a moral language of judgement on top of this to justify it?

Ethics is ethnology. Just as I can study the behaviour of a lion, then I can study the behaviour of human beings. We can just as much talk about an ethics of fleas as we can of human beings, though of course the life of a flea is simpler. How is this different from the normal way that we talk about morals? Normally we talk about morality in terms of norms and values. We say that if you want to be a good person you should behave in such and such a way. ‘Ought’ is not the same as ‘is’. This brings us back to essences that we discussed before, because you can’t have a norm without an essence. I can’t act in the right way if you don’t tell me what it is to be such a person. Thus if there are norms about what it is to be a woman then this follows from the definition of woman. This essence of course is an ideal. In this way no individual woman could ever live up to what it would be to be a woman. All women would fail from the beginning.

Spinoza’s ethics has nothing at all to do with norms because he understands essence in a completely different way. An essence is not an abstraction or definition, but the individual existence of a singular being. We can speak of the essence of ‘William’ as the individual existence of someone called ‘William’, but there is no essence of ‘man’ or ‘woman’ as such. Ethics is a way of being, rather than a norm. When I speak about my ethics (and there can only be an individual ethics for Spinoza), then I am speaking about my individual way of being.

Throughout my life this essence is to be understood as a variation. Sometimes my power to exist increases and at other times it decreases. This is because my body is always in contact with other bodies, and since I have a very complex body, then this means that these relations are numerous and complex. If this contact increases my power to exist, then I experience it as joyful, and if it decreases my power to exist, then I experience it as sadness. These are the two primary affects of existence for Spinoza, which correspond to my conatus. Ethics, then, for Spinoza, is understanding those encounters that bring you joy and those that bring you sadness, and learning to avoid the latter. I know that coffee increases my power to exist in the morning, but drinking too much gives me eczema, so I shouldn’t drink too much. I know speaking to Paul makes me happy, but Peter really depresses me (perhaps it is the other way around for someone else), so I should avoid him. What really surprises Spinoza is that people seem to go out of the way to make themselves sad, and moreover we appear to live in societies whose only function seems to be to make the vast majority of people unhappy and miserable (the two source of this are the two great normative tyrannies, which are religion and politics).

It might appear on first sight that Spinoza’s ethics is egotistical and individualistic. If all that matters is my own power to exist why should I care about others? This would be to ignore human nature, though. Human beings are by nature social beings. The more I compose my power to exist with others, then my own power to exists increases. It would belong to my own interests to create a society in which the greatest amount of people would be capable of expressing their own power to exist. What best serves my purpose is another person who increases my power to exist and this would be the same for them, and so on to the next person. This is why he will argue, in the Tractatus Politicus, that democracy is the best form of government (Spinoza, 1951, pp. 385–7). ‘Nothing,’ he writes in the Ethics, is more advantageous to man than man’ (E4 P18 Sch.).

Works Cited

Deleuze: Spinoza: 09/12/1980 [WWW Document], n.d. URL http://www.webdeleuze.com/php/texte.php?cle=20&groupe=Spinoza&langue=2 (accessed 4.9.16).

Levinas, E., 1969. Totality and infinity: an essay on exteriority. Duquesne University Press, Pittsburgh.

Machiavelli, N., Mansfield, H.C., 1998. The prince. University of Chicago Press, Chicago, Ill.

Mikkelsen, J.M., Kant, I., 2013. Kant and the concept of race: late eighteenth-century writings. SUNY Press, Albany.

Spinoza, B. de, 1951. A theologico-political treatise and a political treatise. Dover, New York.

Ward, J.K., Lott, T.L., 2008. Philosophers on Race: Critical Essays. John Wiley & Sons.

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[1] Kant writes in his unpublished notes, Reflexionen, that ‘Americans and Negroes cannot govern themselves. Thus are only good as slaves’ (Mikkelsen and Kant, 2013, p. 8). See also Bernasconi’s essay ‘Kant as an Unfamiliar Source of Racism’ (Ward and Lott, 2008, pp. 145–66).

[2] An excellent and concise of this history can be found in Deleuze’s lectures on Spinoza (“Deleuze: Spinoza: 09/12/1980,” n.d.).

[3] Cicero is useful for us, because he sums up the ancient Greek tradition of ethical thought in Plato, Aristotle and the Stoics, but also his own work was influential on the ethical theory of Christianity and especially Aquinas.

[4] ‘He should do as prudent archers do when the place they plan to hit appears too distant, and know how far the strength of their bow carries, they set their aim much higher than the place intended’ (Machiavelli and Mansfield, 1998, p. 22). It is interesting to note that the translator, Mansfield, feels that he cannot leave virtù translated as ‘virtue’ in this context, since it has such a moral overtone for us.