Determinism and Accountability

By Keith Tidman

People assume that free will and moral responsibility are mutually and inextricably interwoven. That is, the default belief tends to be that people make decisions and act on them freely. On the grounds of that conviction, society condemns and punishes, or lauds and rewards, people on the basis of their actions’ supposed morality. It’s how accountability for behaviour intersects with matters like retributive and distributive justice. 

 

But what if decisions and actions are already decided – predetermined? Such that if an event has transpired, it is impossible it could not have happened. Might society still need to parse people’s deeds on the basis of some arbitrary construct — a community’s self-prescribed code of right and wrong — in order for society to function in an orderly fashion?

 

With the objective, then, of preserving social orderliness, all the while holding people responsible, doesn’t society have no option but to submit to at least the pretense of free will? Where even that pretense is itself predetermined. That is, to make-believe — for the sake of convenience, pragmatic expediency, and the evasion of disorder — that people enjoy unfettered decisions, choices, and deeds.

 

Okay, so far I’ve summarised what free will means by way of libertarian agency in choosing and behaving in particular ways, with the presumption, however faulty, that people could have acted otherwise. But what about its counterpoint, determinism: especially what in academic circles is often referred to as ‘hard determinism’, where determinism and freedom unreservedly conflict (called incompatibilism)?

 

According to determinism, for example, acting benevolently rather than selfishly (or the reverse) may be no more the exercise of unconstrained free agency than naturally having brunette hair or 20/20 vision. We may not really be ‘free’ to decide which job candidate to hire, which book to read, which model car to buy, which investment to make, which country to visit — or which political candidate to vote for.

 

Rather, the argument states that all decisions and deeds are predicated on the laws of nature, which inform, describe, and animate the stuff of our universe. The proposition is that people’s choices and actions are shaped (are predetermined) by all that has happened over the course of the cosmos’s entire lifespan. The basis is an unremitting regress of successive causes and outcomes recursively branching and branching in incalculable directions, nonstop. A causal determinism, sourced all the way back to the beginning of the universe.

 

That is, decisions and deeds inescapably result from a timeless accretion of precedents. The tumbling buildup, over far-ranging generations, of influences: like culture, genetic makeup, experiences, parenting, evolution, intelligence, identity, emotions, disposition, surroundings. As well as, every bit crucially, what naturally occurred throughout the entirety of history and prehistory.

 

Such factors, among others, have powerful, compelling influences, canceling out moral agency — our ability to make choices based on our sense of right and wrong. After all, in the deterministic model, the events that occurred as antecedents of current and future events did so necessarily. Indeed, we might imagine that if fissures were ever to show up in determinism’s cause-and-effect procession of happenings, the laws of nature and of human behaviour would pitch toward systemic failure — the undoing of events’ inevitability. We thus justify judging and punishing people who behave antisocially, on grounds induced by predetermination, where there is only one possible course of events.

 

If, however, because of the absence of free agency and volitional intent, people cannot be regarded as morally accountable, ought they be held responsible anyway, subject to legal or other kinds of sanction? To go through the motions — despite determinism dangling menacingly over systems of criminal justice everywhere. And similarly, ought people be lauded and rewarded for things deemed to have been done right? With implications for assigned guilt, sin, and evil, and other verdicts pertinent to actions freely chosen.

 

One answer to the two preceding questions about responsibility has been ‘yes’, on the basis of a belief system referred to as compatibilism. This asserts that free will and determinism can compatibly coexist. But this is a challenging — arguably impossible — needle to thread, short of arbitrarily warping definitions, assumptions, and preconceived conditions.

 

My position goes in a different, even simpler, direction from compatibilism. It is that accountability is necessitated by society having to prescribe ethical norms, no matter how contrived — and attempt to force human behaviour to fit those engineered norms — in order to avoid society alternatively sinking into chaos. In this manner, society learns, perhaps kicking and screaming, to cope with a deterministic world — a world where people cannot act otherwise than they do, and events are inevitable.

 

It’s difficult for us to shake intuitively favouring free will, despite its illusory nature. People feel as if in control; they zealously covet being in control; they recoil unsettlingly at the prospect of not being in control. Fundamentally, they sense that personal agency and volitional intent define humanity. They can’t easily discard the pretense that only freely willed actions meet the criterion of warranting tribute, on the one hand, or fault, on the other. 

 

But even if they’re not in control, and determinism routed free will from the start, society must behave otherwise: it must hold people responsible, both to deter and punish — censure — and to reward — validate — decisions and actions as if free choice had indeed sparked them. 

 

Is Torture Morally Defensible?

Posted by Keith Tidman

Far from being unconscionable, today one metric of how societies have universalised torture is that, according to Amnesty International, some 140 countries resort to it: whether for use by domestic police, intelligence agencies, military forces, or other institutions. Incongruously, many of these countries are signatories to the United Nations Convention Against Torture, the one that forbids torture, whether domestic or outsourced to countries where torture is legal (by so-called renditions).

Philosophers too are ambivalent, conjuring up difficult scenarios in which torture seems somehow the only reasonable response:

An anarchist knows the whereabouts of a powerful bomb set to kill scores of civilians.

A kidnapper has hidden a four-year-old in a makeshift underground box, holding out for a ransom.

Or perhaps an authoritarian government, feeling threatened, has identified the ringleader of swelling political street opposition, and wants to know his accomplices’ names. Soldiers have a high-ranking captive, who knows details of the enemy’s plans to launch a counteroffensive. A kingpin drug supplier, and his metastasized network of street traffickers, routinely distributes highly contaminated drugs, resulting in a rash of deaths...

Do any of these hypothetical and real-world events, where information needs to be extracted for urgent purposes, rise to the level of resorting to torture? Are there other examples to which society ought morally consent to torture? If so, for what purposes? Or is torture never morally justified?

One common opinion is that if the outcome of torture is information that saves innocent lives, the practice is morally justified. I would argue that there are at least three aspects to this claim:

• the multiple lives that will be saved (traded off against the fewer), sometimes referred to as ‘instrumental harm’; 
• the collective innocence, in contrast to any aspect of culpability, of those people saved from harm; and
• the overall benefit to society, as best can credibly be predicted with information at hand.

The 18th-century philosopher Jeremy Bentham’s famous phrase that ‘It is the greatest good for the greatest number of people which is the measure of right and wrong’ seems to apply here. Historically, many people have found, rightly or not, that this principle of ‘greatest good for the greater number’ rises to the level of common sense, as well as proving simpler to apply in establishing one’s own life doctrine than from competitive standards — such as discounting outcomes for chosen behaviours.

Other thinkers, such as Joseph Priestley (18th century) and John Stuart Mill (19th century), expressed similar utilitarian arguments, though using the word ‘happiness’ rather than ‘benefit’. (Both terms might, however, strike one as equally cryptic.) Here, the standard of morality is not a rulebook rooted in solemnised creed, but a standard based in everyday principles of usefulness to the many. Torture, too, may be looked at in those lights, speaking to factors like human rights and dignity — or whether individuals, by virtue of the perceived threat, forfeit those rights.

Utilitarianism has been criticised, however, for its obtuse ‘the ends justify the means’ mentality — an approach complicated by the difficulty of predicting consequences. Similarly, some ‘bills of rights’ have attempted to provide pushback against the simple calculus of benefiting the greatest number. Instead, they advance legal positions aimed at protecting the welfare of the few (the minority) against the possible tyranny of the many (the majority). ‘Natural rights’ — the right to life and liberty — inform these protective constitutional provisions.

If torture is approved of in some situations — ‘extreme cases’ or ‘emergencies’, as society might tell itself — the bar in some cases might lower. As a possible fast track in remedying a threat — maybe an extra–judicial fast track — torture is tempting, especially when used ‘for defence’. However, the uneasiness is in torture turning into an obligation — if shrouded in an alleged moral imperative, perhaps to exploit a permissive legal system. This dynamic may prove alluring if society finds it expeditious to shoehorn more cases into the hard-to-parse ‘existential risk’.

What remains key is whether society can be trusted to make such grim moral choices — such as those requiring the resort to torture. This blurriness has propelled some toward an ‘absolutist’ stance, censuring torture in all circumstances. The French poet Charles Baudelaire felt that ‘Torture, as the art of discovering truth, is barbaric nonsense’. Paradoxically, however, absolutism in the total ban on torture might itself be regarded as immoral, if the result is death of a kidnapped child or of scores of civilians. That said, there’s no escaping the reality that torture inflicts pain (physical and/or mental), shreds human dignity, and curbs personal sovereignty. To some, many even, it thus must be viewed as reprehensible and irredeemable — decoupled from outcomes.

This is especially apparent if torture is administered to inflict pain, terrorise, humiliate, or dehumanise for purposes of deterrence or punishment. But even if torture is used to extract information — information perhaps vital, as per the scenarios listed at the beginning — there is a problem: the information acquired is suspect, tales invented just to stop pain. Long ago, Aristotle stressed this point, saying plainly: ‘Evidence from torture may be considered utterly untrustworthy’. Even absolutists, however, cannot skip being involved in defining what rises to the threshold of clearer-cut torture and what perhaps falls just below — grist for considerable contentious debate.

The question remains: can torture ever be justified? And, linked to this, which moral principles might society want to normalise? Is it true, as the French philosopher Jean-Paul Sartre noted, that ‘Torture is senseless violence, born in fear’? As societies grapple with these questions, they reduce the alternatives to two: blanket condemnation of torture (and acceptance of possible dire, even existential consequences of inaction); or instead acceptance of the utility of torture in certain situations, coupled with controversial claims about the correct definitions of the practice.

I would argue one might morally come down on the side of the defensible utility of the practice — albeit in agreed-upon circumstances (like some of those listed above), where human rights are robustly aired side by side with the exigent dangers, potential aftermaths of inertia, and hard choices societies face.

Disabling Self-Service

Posted by Sifiso Mkhonto

The idea that gaining power, maintaining power, maximizing power, and wielding power are central to restructuring the functions of a democratic society is a dangerous one to swallow. It does not cure the disease of oppressive and unjust government, but endorses it. With this in mind, I survey both the ideal and the reality of political power.

The ideal of political power is deliberately misconstrued. It is not the ability to control people, but the ability to instill in them the practice of altruism. By altruism I refer to the person who is motivated by the power of putting the needs of others ahead of their own happiness—I shall call this their moral purpose. Ironically, as they do, people seek to differentiate themselves from others—thus the same moral purpose is uncommon to all, and selfishness becomes common.

The reality of political power, in most nations, is that politicians are self-serving—not because of pressure from a corrupt populace within, or corrupt governments without, but by their own, false moral purpose. Tragically, the world over, as political power promotes the practice of selfishness—and thereby favours the selfish—it becomes a vehicle to deliver the product of despondency, as many in society are cast aside by the selfishness of others. While there are some who have a more altruistic view of power, they tend to be the exception rather than the rule.

The reality of political power attracts corruption as a flame attracts moths. This bears evidence to the famous words of Niccolò Machiavelli, ‘Politics have no relation to morals’. Yet not only does political power instill in people the practice of selfishness. Political power is itself selfish, to a point that the moral purpose of many politicians has resulted in patronage and corruption as the norm. A preeminent example is the South African ‘State’ which is deemed to have been captured for the benefit of a wealthy family for the personal enrichment of all involved.

In such an unbalanced society, is it possible then to overcome a self-serving tendency—as people, and as politicians? Yes, it is, through a different moral purpose, and through excellence. The moral purpose I speak of is, in philosophical terms, moral realism and moral motivation—a moral purpose which is grounded in the nature of things. The excellence I speak of is service to the people with no exceptions to venality and patronage. In other words, we have a wellspring of virtue within us, but we may permit it to be poisoned by external influence.

People easily fall to the weakness of taking care of themselves before the other, yet through altruism, which is the ideal of political power, that tendency can change. One can disable the intent to self-serve—which is the tendency to take care of oneself first—and one can change those false values instilled in society by politicians, which only serve the interest of those who identify with that political ideology. Certainly, it would be a miracle for the whole world to reach this point, yet many people believe that the miracle is possible—if not through philosophy, then through their religious conviction, which deeply believes not in human nature, but in the unseen.

If morality and excellence had triumphed in the ‘State’ of my birth country, South Africa, the State would not have been ‘captured’. We would have had leaders with integrity—leaders who could reflect on the nature of human community and government, and the relations between the collective and the individual, and could cast off the habits of exploitation and colonialism. It is hard to be in power and to act with a different moral purpose to that of selfishness, but it is possible.

What is needed is that politicians act only from benevolence and a sense of obligation. The reason to overcome the tendency to self-serve is simple. Doing what is right for the right reasons brings positive progress in society. The definition of political power, I said, is deliberately misconstrued. It is not the ability to control people. It is the ability to instill in them the practice of altruism. I now conclude that the reality of political power which is self-serving, when it is transformed and renewed, becomes the ability to instill right values in society, through the right values it holds itself.