Some of us at the Institute of Lutheran Theology will soon be engaged in consulting work to institutions and businesses to aid them in casting their own ethical mission and vision statements. The increasing use of sophisticated algorithms by companies and institutions have created new situations in which the institution or business ends up treating managers, employees and customers in new ways, yet ways that are not the result of individual people making decisions to treat these managers, employees and customers in new ways.
People who write computer code construct algorithms that function as decision procedures. For instance, in writing an algorithm for a self-steering car, the coder has to program the car to do certain things given certain inputs. The idea is that the program will give an output as a function of the present state of the machine and relevant inputs it has while in this state. The car would not presumably move to crash into the motorcycle to its left, if it had not already been in states of danger for some time, and if this option had not been coded in as the best response to a certain sequence of danger states given some new driving inputs.
It is very clear to me that thinking about helping businesses and institutions do ethics on the ground is a different activity than teaching ethics to students at the university. In some ways, it is much more challenging because we deal here not with hypothetical scenarios, but with real flesh and blood human beings.
When teaching ethics at the university, I always tried to deal with the standard normative ethical theories and the meta-ethical challenges to those theories. This meant that I always dealt with Aristotelian-inspired virtue theory, utilitarianism, Kantian-inspired deontological theory, and divine command or divine will theory.
Standardly, I treated as well the meta-ethical challenges to normative ethics: ethical subjectivism, ethical emotivism, psychological egoism, and ethical relativism. I introduced ethical intuitionism in light of the Open Question argument proffered by G.E. Moore, and discussed the non-natural intuition of the good in Moore and the non-natural intuition of the right in Ross. There is not much time in one ethics course to do all of this, however, so I made sure to cover the standard four normative ethical approaches.
Aristotelian-inspired virtue theory is an ethics of self-actualization or realization which attempts to understand the excellence of human beings in terms of human dispositions to behave, that is human habits. In a society like ancient Athens where there was deep agreement on what the good is, there was agreement on what traits or characteristics human beings ought to have to be good. If the telos of human beings is their happiness, that is their "total human flourishing," then one should seek to cultivate those intellectual and moral virtues, that is, those "powers of the soul" whereby human beings together can profoundly flourish. To grow the intellectual and moral virtues is to increase in human excellence and to realize the good.
Utilitarianism espouses a consequentialism; it claims that the goodness or badness of an act is a function of its likely consequences. There are many kinds of utilitarians. One can be a hedonistic utilitarian who understands the good in terms of crude pleasure, or perhaps a eudaimonian utilitarian identification ing the good with higher human values. Accordingly, the good is not simply pleasure, but the happiness of human flourishing in general. One can be a global or universal utilitarian claiming that the act should bring about the greatest happiness for everyone in general, or could be a regional or local utilitarian claiming that the utilitarian calculation should privilege some particular group or community. One must also distinguish between an act and a rule utilitarian in that while the first holds that the direct consequences of the particular concrete act are what is ethically relevant, the second argues that it is the rule that the particular act falls under that ultimately determines its goodness or badness.
The deontological perspective claims that acts or good and bad of themselves apart from their consequences. Kant most famously argued for the categorical imperative, a formal principle by which an act's moral properties obtain apart from any hypothetical antecedents. Kant claimed two subjective maxims of this categorical imperative: 1) so act such that your act could in principle be universalized, and 2) so act such that you always treat the other as an end-in-themselves and not as a means to your end.
Finally, divine command or divine will ethics claims divine primal intentionality determines the rectitude of an act. It is incumbent on S to do P if and only if God wills P (to be done be S). Divine will ethical theories must then give an account both of the nature of the divine will itself and of our epistemic access to it.
But none of these normative theories work very well in our present context actually to inform ethical decision-making. The problem is that people disagree rather profoundly on the presuppositions upon which such theories are based.
For instance, the plausibility of virtue ethics famously depends upon a basic agreement in the community about what the good life is. Aristotle said that a good person is one that does the good and that the good is that which good people do. This makes sense if there are not competing moral visions within a society. Notice, however, that even if their is near unanimity about what the good is, the theory does seem prone always to the critique launched by Luther and others. Focussing on virtue-building places the action on the self. Cultivating our moral virtues as part of self-realization towards maximal human excellence puts the action on the side of the subject. She or he must train themselves to evince the suitable dispositions to behave, and such training is ultimately the result of what James once called "the dull heave of the will."
But part of what it is to live morally, it seems, is to be not reflecting upon oneself all of the time. Yet the ethic of self-realization places the focus of the self on the self as that self endeavors to cultivate the proper dispositions that constitute character, those general habitualizations that constitute our moral excellence.
There are deep problems with utilitarianism as well. As it turns out, calculating likely consequences from an act or rule utilitarian perspective makes many positions questionable because we really don't know what the real consequences of our actions are. Claiming that it is probable that act X issues in consequences P is not granular enough it seems. Would we not need to know precisely what that probability is in order to do the utilitarian calculus rightly? Moreover, discriminating what the good is, e.g., pleasure, cultivation of virtue, human flourishing, is itself not amenable to utilitarian calculation.
Recall that Bentham claimed that the Principle of Utility need not be argued for because, as it turns out, the principle objectively obtains, and that we humans simply do act in accordance with it. While this is plausible if one is a universal hedonistic act utilitarian perhaps, it is not the case if one is a regional eudaemonistic act or rule utilitarian. We need some independent philosophical argument, it seems, to say with Mill against Bentham that it is better to be a dissatisfied human being than a sated pig. Moreover, while the move to rule utilitarianism seems to protect utilitarianism in general from crude counterexamples, it might be asked whether rule utilitarianism does not abandon utilitarianism altogether. Clearly, the claim that S ought to do act X if and only if X were in accordance with rule R that, if it itself were universally instantiated, would conduce to the maximum distribution of happiness is itself consistent with act X itself causing great pain or unhappiness to S. But this seems like an abandonment of utilitarianism entirely.
Notice as well that utilitarian calculations place the moral action in our own reasoning. We must calculate the likely consequences of an act or rule, and only after such calculation can we determine how to treat the person standing in front of us. Again, it seems like this kind of moral reflection places the action within the echo chamber of our subjectivity. We do X because we have done the suitable calculus and, on the basis of the kind of utilitarian we are, we can determine that it is rational to do X. How my doing X impacts Bob who stands before me, is relevant only insofar as I can describe the doing of X in ways that take into consideration the consequences for Bob of my doing of X.
Our friend Kant gets us to consider the noumenality of duty, and asks us if we can conceive that one ought to do X in the absence of one's freedom to do other than X. We are then told that we should treat others as ends in themselves and not as means because others are denizens of the same kingdom of ends we ourselves occupy. He argues that we must not act in ways that end in moral contradiction. For instance, if I were knowingly to lie, then I must accede that it might be a general moral law that people could lie. But if this were a general moral law, then dissimulation itself could not be specified, because there would be no institution of truth-telling from which lying diverges. This is all pretty heavy stuff, but it is what pure reason does when it is concerned with the practical. Pure practical reason is human reason set free to investigate what we ought to do mostly unimpeded by historical and cultural conditions.
Finally, there is divine will theory of either the static or dynamic variety. Since the latter is demonstrably incoherent, this leaves the former, and clearly it is a matter of reason to discern what the divine command is, and whether we have a duty to do it. One cannot in our post-Christian context simply assume that there is a divine being whose primal intentionality on creation is objectively the case, and whose intentional objectivity is epistemically accessible to human beings.
In other words, if we want to cast ethical mission and vision statements in the business world by getting people to affirm the objective reality of the ethical and getting them to see that it is rational to accept that they have epistemic access to it, then we shall have a very steep hill to climb in accomplishing our ethical work.
In Lutheran fashion, one might think that ethical theory provides the light by which the law confronts us as a curb on what we would otherwise want to do, a mirror by which to apprehend our own moral inadequacies, and a guide as to how we should comport ourselves. The light clearly is where the action is. In classical theology it is the primordial divine intentionality manifesting itself in the eternal law, the light of the universe itself. One can connect this light to Wisdom as it was prior to the creation of the world and ultimately to the logos.
When I was a graduate student, I studied meta-ethics because I already did not believe one could do normative ethics without first getting clear on the sources, grounds, and methods of ethical adjudication. My meta-ethics class one summer was with an excellent professor whose constructive contribution to the course was to point out that the only motive one could possibly have to do X from a meta-ethical standpoint was that the doing of X was conceptually tied to the desire to do X. From the standpoint of analytical ethics, he might be right. In other words, we are left with a psychological egoism functioning underneath meta-ethical reflection.
I think I was a pretty good ethics teacher for undergraduate students because I could generate scenarios quite easily on the spot and I was able to keep their attention. The problem, of course, was that normative ethics is unfortunately today in many respects a fool's game. I don't mean that the theories are necessarily wrong, but rather they are all inadequate either when confronting complicated ethical situations we presently face or when they are placed against our moral intuitions. The longer I taught ethics, I found myself actually asking students to consult their moral intuitions as a way to test the normative theories we introduced. I straightforwardly suggested to them that their moral intuitions should function as data for ethical theory-making.
But I knew that this gets it all wrong. Isn't normative ethics supposed to tell us what is the case? Ought it not trump moral intuitions altogether? Should it not function pedagogically to teach us what moral intuitions are worth having? We don't form ethical theories in order to be applicable and adequate to ethical data, but rather to give us the principles by which we might act and value.
Towards the end of my teaching of ethics I developed a rather elaborate way to think about normative ethics, replete with suitable defeaters. Additionally, I would argue that when there was a conflict between utilitarian and deontological perspectives, one had to go outside theory and evaluate the situation from a standpoint external to either theory. Of course, here one could not help but privilege one's own moral intuitions again. If such a view from above the normative ethical conflicts is not to be a view from nowhere, then that view must be informed by something concrete. But what could this be if not our moral intuitions?
Often in teaching ethics, I would discuss G.E. Moore's famous Open Question argument that purports to show that any analysis of the good in terms of natural properties -- actually any properties -- leaves us in the situation of asking with sense if it is good that the good is so analyzed. G. E. Moore was an ethical intuitionist because of this argument, and I do confess to believing that his comparing the instrinsicality of yellow with the the intrinsicality of the good a first-rate philosophical move. Just as we can identify yellow without conceptually stating its necessary and sufficient conditions, so we might identify the good without being able to give an analysis of it in terms of something more basic.
It strikes me today that a new approach is needed if we are ever going to get outside of the philosophy classroom when contemplating the ultimate grounds for corporate ethical vision and mission statements. Emmanuel Levinas' notion of the immediacy (and transcendence) of the Other, despite its philosophical complexity, might actually be able to be explained simply to people today-- people within institutions and corporations alike -- who have lost their way among the endeavor to justify what it is that is good and right. Most of the people we shall speak with in framing corporate ethical vision and mission statements will not seriously ask for the philosophical grounds why the torturing of children is wrong. They will already know it wrong.
Levinas' notion of the exteriority of the ethical, the demand of the Other upon us through the immediacy of the face can provide a way to adjudicate simple ethical questions like the torture of innocent children. Looking into the face of a child and torturing him or her is for most people simply unthinkable. One does not need to plunge into one's own subjectivity -- Levinas called the self and its ontology the realm of the same, the realm of totality -- to ground a demand not to torture. The demand needs no grounding in ethical principles that themselves presuppose ontology, rather the demand is simply given in the face and eyes of the Other.
Maybe the light we seek in the doing of ethics can be found in the face of the Other, the face which places a demand upon all of us, including managers of algorithms and writers of code. Maybe we don't have to get much deeper than that with people with whom we work. If pushed we can say we are committed to the view that the social situation with its concomitant primacy of ethical demand needs no further justification. Wittgenstein said, of course, that the spade must stop somewhere.
We can use Levinas' starting point and build defendable, albeit somewhat superficial, but ultimately communicable ethical positions for institutions and businesses. In certain contexts we can do what Levinas does: connect the face of the Other with God through the notion of a trace. We can always say we could go deeper if we have to. By emphasizing the exteriority of ethics we guard ourselves from falling into some totalizing project of justifying the very nature of ethics to ourselves or whoever might listen before we can deal with the concrete person standing before us. This will get us to the practical much more quickly, and give our audiences a sense that we know what we are doing as consultants without taking them through a 300 level class in philosophical ethics.
At the end of the day in phenomenology generally one either sees the phenomena described or one does not. If the face of the child before us does not move us out of our own freedom to a position of responsibility for that child, then it is doubtful that an appeal to normative ethical theory will do so. At the end of the day, it seems, the demand of the Other upon us cannot be given an analysis in terms of some set of necessary and sufficient conditions. While the word 'Infinite' would not have been used by Moore to characterize this non-natural intuition of the good, his claim of the irreducibility of the Good is of the same spirit as Levinas. Both were, after all, inspired by Plato, whose Good was the presupposition both of the forms and our access to them.
Plato's Good constitutes, with Levinas, the priority of metaphysics over ontology. The latter is ultimately an affair of the self, but the former points away from the self and towards the divine. Levinas and Plato document that "invisible desire" towards that which is other than the self, a desire not born of a need or lack within the self, but an ecstatic desire to transcend entirely the self and its machinations. Ultimately, both knew that salvation consists not in a being otherwise, but rather in that which is otherwise than being.
