How can the study of human nature help us to reach normative conclusions in political philosophy?

When I read the sentence quoted in the epigraph above, the thought crossed my mind that Aristotle would have agreed with it. Aristotle based his philosophy on his observation of human nature. The reason why Aristotle came to mind will become apparent as you read the essay.

The quoted sentence written by Gerry Gaus is from the Preface of The Open Society and its Complexities (p.x). I have previously written about this book in an essay entitled: What does Gerry Gaus tell us about the implications of the knowledge problem for political entrepreneurship?

I have three objectives in writing this essay:

• The first is to outline Gaus’s discussion of the social evolution of human nature and how that provides a basis for his normative conclusions about the desirability of an Open Society.
• The second is to consider what we need to know about human nature to reach normative conclusions about the desirability of an Open Society.
• The third is to consider whether Gaus’s approach helps us to defend the intuition that natural rights exist.

The evolution of human nature  

Gaus argues that human nature has been shaped by evolution, including cultural evolution. Humans are a norm-guided species. Social norms are predominantly a cultural phenomenon – a product of cultural evolution. The norms associated with different types of social order differentially encourage some aspects of human nature while discouraging others. Gaus suggests that “the truly outstanding feature of our evolved moral psychology is our ability to follow a wide variety of sharing and fairness norms in different circumstances and cultures”. (p.86)

Gaus suggests that the common view that publicly justified moral rules are a modern Western invention fails to appreciate that public justification has been a fundamental feature of moral life from the beginning:

“From the very beginning, human morality has relied on public justification: the rules of the group must be such that the members’ personal normative convictions and interests align with them.” (p.50)

Gaus is critical of the “tribal collectivist” view that humans “are simply, at bottom, natural egalitarian collectivists”. He begins his evolutionary story with conjectures about the complex social life of ancestral Pan – the posited common ancestor of humans, chimps and bonobos. Concern for personal autonomy may have its roots in a social life where individuals displayed a keen sense of self-interest in competition for alpha status, and in rebelling to avoid dominance.

Gaus acknowledges that Late Pleistocene (LPA) hunter-gather societies engaged in egalitarian meat-sharing. That was a means of reducing the variance in food intake, but it also reflects successful efforts by subordinates to control would-be bullies and upstarts. Under that interpretation, the egalitarian ethos of LPA societies was not inherently collectivist. LPA societies “appear characterized by a near-obsession with resisting the authority of would-be dominators”. LPA societies also exerted immense social pressure against innovators who sought to introduce new techniques to improve their own lot. This may have been an effective way to protect distributive shares.

People in LPA societies had a strong ethic of reciprocation – they engaged in the conditional cooperation that enables markets to function. Social support was more readily available to those who had a reputation for being willing to assist others.

Social norms developed in LPA societies as some moral rules became internalized because large majorities developed an emotional attachment to them and willingly complied with them. The exercise of self-control in conforming to social rules was a highly prized virtue in many small hunter groups.

About 17,000 years ago, there was a rise in inequality brought about by the development of forager clans, leading to creation of hierarchical states. The state’s organization gave it a decisive military advantage over more egalitarian groups. Grain-based monoculture may be the creation of hierarchical states rather than a cause of it.

Gaus presumably adopts F. A. Hayek’s view of the Open Society (or Great Society) as a society in which coercion of some by others has been reduced as far as possible and individuals are free to use their own knowledge for their own purposes. He argues that the morality of the Open Society scales up the norms of reciprocity and fairness while incorporating the ancient concern with autonomy and personal freedom: “the core rights of person and property become universal”. (p.133)

The recent emergence of WEIRD morality (the morality of Western Educated Industrialized Rich Democracies) may have occurred as a consequence of teachings of the Catholic Church opposed to incest, which was once defined so broadly that it led to the breakup of kin- and clan-based morality. Gaus notes Jonathan Haidt’s data (The Righteous Mind, 2012) indicating that the moral reasoning of WEIRD populations is largely focused on individuals and centres on the dimensions of liberty-oppression, care-harm, and fairness-cheating.  In contrast, most other moral systems, including those of conservatives in WEIRD societies give greater emphasis to loyalty-betrayal, authority-subversion, and sanctity-degradation.

Gaus suggests:

“Extending core morality beyond kin-based networks may have been the critical development of WEIRD morality, but WEIRD morality too manifests a push toward expansion of the impartial network and pulling back by kin and ethnic markers and the power of social proximity. Human social life is defined by this constant tension between the push to wider moral relations and the pulling back of familiarity and social proximity. To describe human morality as either tribalistic or an ever-expanding circle is evocative but fundamentally distorting.” (p. 90)

Gaus goes on to suggest that although cultural evolution does not render humans unfit for the Open Society, they may well be unfit for Millean liberalism (and by implication, WEIRD morality). He argues that Millean progressivism “is a recipe for drastically reducing social learning (aka imitation), throwing us back on our cognitive capacities. That, however, is in turn a recipe for undermining ultra-social cooperation, and would probably make any significant system of social rules dysfunctional”. (p.102)

The Open Society is characterized by self-organized social morality, entailing moral rules that lead toward extended cooperation rather than conflict and division. Diversity of moral perspectives is fundamental to the moral life of the Open Society. Thus, the existence of increasingly diverse moral perspectives can enhance justification of the Open Society and public justifications of those moral rules must be as accommodating to diversity as possible. (pp. 164-167)

Gaus concludes:

 “a variety of different moral perspectives can, counterintuitively, enhance the ability of a society to secure public justification of shared moral rules. Each has his own opinion of the point and value of these rules, yet each can particulate in, and indeed enhance a social process that can generate a self-organized social morality.” (p. 167)

That description of an important characteristic of an Open Society seems to be as close as Gaus comes to reaching a normative conclusion about the desirability of an Open Society.

What do we need to know about human nature to reach normative conclusions supporting an Open Society?

I don’t think we need an evolutionary account of the shaping of human nature to reach normative conclusions supporting an Open Society. Gerry Gaus could have argued that humans have a variety of different moral perspectives by merely referring to evidence such as that presented by Jonathan Haidt. He didn’t need his interesting account of the evolution of human nature to make the point that moral rules can only secure “public justification” if they are as accommodating to diversity as possible.

That is not intended as a criticism. Gaus made clear that his primary intention in providing the evolutionary account was to counter the view (attributed to Hayek among others) that our evolved moral sentiments constantly cause us to rebel against the Open Society and resort to a “tribal” moral outlook.

Gaus’s discussion of the evolution of moral norms helped him to focus on some aspects of human nature that are relevant to assessment of politico-legal orders. However, it seems to me that Gaus overlooked other relevant aspects of human nature such as the importance to individual flourishing of the exercise of practical wisdom and self-direction. The relevance of those aspects might have been given more prominence if Gaus had considered some studies with an individualistic focus on virtues and values.

The study by Martin Seligman and Christopher Petersen of virtues that are ubiquitous and valued in every culture is relevant in this context. By reading the basic writings of all the major religious and philosophical traditions, the researchers found that six virtues were endorsed by “almost every single one” of these traditions: wisdom and knowledge, courage, love and humanity, justice, temperance, and transcendence. That list incorporates the ancient cardinal virtues of practical wisdom, courage, temperance, and justice and the Christian virtues of faith, hope and love. Seligman and Petersen identified 24 character strengths that they viewed as the routes by which the virtues can be achieved. One aim of the study was to assist people to identify their own character strengths. The study recognizes that individuals who have different character strengths have potential to flourish in different ways. (The study is described in Martin Seligman, Authentic Happiness, 2012, pp. 125-161.)

Another relevant approach is Shalom Schwartz’s theory of basic values. The findings of his surveys suggest that the value priorities in 82 countries exhibit a similar hierarchical order, despite substantial differences in the value priorities of individuals within those countries. The 10 basic values identified in that study were self-direction, universalism, benevolence, conformity, tradition, security, power, achievement, hedonism, and stimulation. (See: Schwatz, S.H., 2012, ‘An Overview of the Schwartz Theory of Basic Values’, Online Readings in Psychology and Culture.)

There are no doubt other empirical studies that identify the importance of practical wisdom and self-direction to individual flourishing.

However, as Douglas Rasmussen and Douglas Den Uyl (often referred to as the Dougs) have pointed out, “the character of human flourishing is not discovered solely by a scientific study of human nature. Considerations of the requirements and conditions for human volition and action, cultural and social practices, and commonsense observations are part of the process”. The Dougs add: “The point of entry for such reflection most often occurs when we examine our lives as a whole and wonder what they are for”. (Norms of Liberty, 2005, p.116).

The Dougs present a Neo-Aristotelian account of human flourishing in which the human good is explained to be objective, inclusive, individualized, agent-relative, self-directed and social. After providing that explanation, the authors conclude:

“Regardless of whether or not the forgoing outline of human flourishing meshes with Aristotle’s, it clear that human flourishing is, for our theory of individualistic perfectionism, something plural and complex, not monistic and simple. As we have noted, this view of human flourishing amounts to a version of moral pluralism because there are many goods that help to define human flourishing. Further, there is no single good or virtue that dominates all others and reduces them to mere instrumental values.” (p.143)

The Dougs do not refrain from declaring that human flourishing is good. Flourishing occurs when individuals actualize their natural potential to be good humans. (p.122)

The Dougs note that the individualized and agent-relative character of human flourishing poses the problem of how it can be possible for individuals to flourish in different ways without the flourishing of some individuals or groups being given structural preference over that of others. They explain that recognition of individual rights solves that problem because it enables individuals to flourish in different ways provided that they do not interfere with the rights of others. (pp. 76-96)

I hope that this brief outline of Douglas Rasmussen and Douglas Den Uyl’s discussion of human flourishing provides sufficient evidence that their normative conclusions in political philosophy are based on their study of human nature.

Does Gaus’s evolutionary discussion help us to defend intuitions that natural rights exist?

In my book, Freedom, Progress, and Human Flourishing, I noted that, since ancient times, some philosophers have recognized that there is a foundation in human nature for intuitions about natural rights. I noted Haidt’s moral foundations theory and Hayek’s theory of cultural evolution but most of my discussion focused on Robert Nozick’s discussion of the evolution of norms and intuitions related to social cooperation for mutual benefit and the ethics of respect. (pp. 26-28) Nozick’s discussion is in his book, Invariances: The Structure of the Objective World, published in 2001.

Gaus’s discussion of cultural evolution overlaps considerably with Nozick’s, but there are differences of emphasis. As noted above, Gaus’s discussion emphasizes that public justification has always been a fundamental feature of moral life of humanity and that some moral rules become internalized as large majorities developed an emotional attachment to them. I think public justification is also implied in Nozick’s discussion of the merits of voluntary cooperation to mutual benefit because voluntary cooperation requires public justification.  (Nozick, p.259)

One difference of emphasis arises because of Nozick’s interest in the question of why conscious self-awareness was selected for in evolutionary processes. Nozick suggests that “if the function of conscious self-awareness was selected for because it makes us capable of ethical behaviour, then ethics, even the first layer of the ethics of respect, truly is what makes us human”. (p.300) Gaus is more interested in issues of public justification of norms and the question of “how we can live without oppression and subjugation in a complex and deeply divided world”.

(Incidentally, I disagree with Nozick’s claim (on p. 299) that if evolutionary processes selected for conscious self-awareness to facilitate cooperation to mutual benefit, that poses a serious problem for ethical egoists. Irrespective of the evolutionary origins of self-awareness, it seems to me that an ethical egoist may consider behaving with integrity toward others to be integral to her or his own individual flourishing.)

I think Gaus’s evolutionary discussion is helpful to an understanding of why it is common for people to have intuitions that rules that restrain individual action require public justification to ensure that, as far as is possible, they are aligned with the personal normative convictions of community members.  Perhaps the intuition that people have a natural right to public justification of rules that restrain individual action is just as widespread and as strong as the intuition that individuals have a natural right to respect for their persons and property.

 Conclusions

This essay was prompted by my reading of Gerry Gaus’s book, The Open Society and its Complexities.

Gaus’s discussion of the evolution of human nature emphasizes the following points:

• Public justification of rules and concern for personal autonomy were a fundamental feature of moral life even before the evolution of modern humans.
• The evolved moral psychology of humans has allowed a wide variety of fairness norms to be followed in different circumstances and cultures.
• Human nature is neither fundamentally tribalistic nor is it characterized by an ever-expanding circle of moral relationships. There is constant tension between tendencies toward expansion of moral concerns and pulling back to familiarity and social proximity.
• The Open Society is characterized by self-organized social morality and diversity of moral perspectives.

Gaus argues that diversity can enhance the ability of a society to secure public justification of shared moral rules.

I think the points that Gaus emphasizes about human nature are helpful in considering the merits of an Open Society but I would have liked to have seen him give consideration to the relevance of other aspects of human nature such as the widespread view that exercise of practical wisdom is a virtue and the value that people place on self-direction. Consideration of practical wisdom and self-direction would have required consideration of studies with an individualistic focus as well as those that focus on social norms.

 It is possible to obtain insights about human nature from commonsense observations, introspection and reasoning, as well as from scientific research. On the basis of their observations and reasoning Douglas Rasmussen and Douglas Den Uyl were able to explain (in Norms of Liberty) that the human good is individualized, agent-relative and self-directed, as well as social. Their understanding of the nature of human good and individual flourishing provided a foundation for their normative conclusion that it is necessary for the politico-legal framework to recognize individual rights. Rights recognition makes it possible for individuals to flourish in different ways without the flourishing of some individuals or groups being given structural preference over that of others.

It is appropriate for conclusions about the rights of individuals to be based on the study of human nature rather than intuitions. Nevertheless, the intuition that humans have rights that should be respected is an important factor influencing individual behaviour. That influence could be expected to be stronger when people believe that individual rights are natural, in the sense of having a foundation in human nature. It seems to me that evolutionary theory supports that belief.

Gaus’s book left me thinking that the intuition that individuals have a natural right to public justification of the rules that restrain their actions may be as widespread and as strong as the intuition that they have a natural right to respect for their persons and property. More generally, it may be that humans tend to have strong intuitions that natural justice itself is a natural right.