On Mar 9, 5:19 am, "Ganesh J. Acharya" <
ganeshjacha...@gmail.com>
wrote:
> What is the meaning of law? Why did law come into existence?
> On what basis are laws defined?
Understanding how evolution has shaped human nature and individual
preferences can provide insight into how to use law to direct
individual behavior in pro-social directions and away from anti-social
behavior.
Moral Sense Theories
Theories postulating a special moral sense which either enables us to
perceive special moral qualities of virtue and vice in action (which
thereupon affect us favorably or unfavorably), or else simply arouses
feelings of approval or disapproval in us on contemplating the
ordinary qualities of actions (it is not always clear which
alternative is intended).
These theories were popular in the 18th century, and are associated
especially with Anthony Ashley Cooper, 3rd Earl of Shaftesbury
(1671-1713) and Francis Hutcheson (1694-1746).
Though sometimes classed as a version of intuitionism, the theories
stood in contrast to contemporary intuitionism which claimed that we
intuit moral facts about actions, rather than being sensitively
affected by their qualities.
http://www.philosophyprofessor.com/philosophies/moral-sense-theories.php
...we are endowed with a moral faculty that delivers judgments of
right and wrong based on unconsciously operative and inaccessible
principles of action. The theory posits a universal moral grammar,
built into the brains of all humans. The grammar is a set of
principles that operate on the basis of the causes and consequences of
action. Thus, in the same way that we are endowed with a language
faculty that consists of a universal toolkit for building possible
languages, we are also endowed with a moral faculty that consists of a
universal toolkit for building possible moral systems.
http://www.pandasthumb.org/archives/2006/11/marc-hauser-mor.html
Moral Minds: How Nature Designed Our Universal
Sense of Right and Wrong - by Marc Hauser
http://www.amazon.com/Moral-Minds-Nature-Designed-Universal/dp/0060780703
...innate censors and motivators exist in the brain that deeply and
unconsciously affect our ethical premises; from these roots, morality
evolved as instinct. If that perception is correct, science may soon
be in a position to investigate the very origin and meaning of human
values, from which all ethical pronouncements and much of political
practice flow...
...That oracle resides in the deep emotional centers of the brain,
most probably within the limbic system, a complex array of neurons and
hormone-secreting cells located just beneath the "thinking" portion of
the cerebral cortex. Human emotional responses and the more general
ethical practices based on them have been programmed to a substantial
degree by natural selection over thousands of generations. The
challenge to science is to measure the tightness of the constraints
caused by the programming, to find their source in the brain, and to
decode their significance through the reconstruction of the
evolutionary history of the mind. This enterprise will be the logical
complement of the continued study of cultural evolution.
Success will generate the second dilemma, which can be stated as
follows: Which of the censors and motivators should be obeyed and
which ones might better be curtailed or sublimated? These guides are
the very core of our humanity. ...To chart our destiny means that we
must shift from automatic control based on our biological properties
to precise steering based on biological knowledge...
On Human Nature - Edward O. Wilson 1978
http://www.amazon.com/exec/obidos/ASIN/067463442X/qid=1036537594/
There Shall Be Five Moral Modules Everywhere Beneath the Sun
The thought of cultivating solidarity as a precondition of collective
action brings up a long-standing question for me about the work of Jon
Haidt. Haidt describes five inherent moral modules — I first heard
them discussed here — that structure morality as it is practiced
around the world. The five modules:
1) Harm/care, related to our long evolution as mammals with
attachment systems and an ability to feel (and dislike) the pain of
others. This foundation underlies virtues of kindness, gentleness, and
nurturance.
2) Fairness/reciprocity, related to the evolutionary process of
reciprocal altruism. This foundation generates ideas of justice,
rights, and autonomy.
3) Ingroup/loyalty, related to our long history as tribal
creatures able to form shifting coalitions. This foundation underlies
virtues of patriotism and self-sacrifice for the group. It is active
anytime people feel that it’s “one for all, and all for one.”
4) Authority/respect, shaped by our long primate history of
hierarchical social interactions. This foundaiton underlies virtues of
leadership and followership, including deference to legitimate
authority and respect for traditions.
5) Purity/sanctity, shaped by the psychology of disgust and
contamination. This foundation underlies religious notions of striving
to live in an elevated, less carnal, more noble way. It underlies the
widespread idea that the body is a temple which can be desecrated by
immoral activities and contaminants (an idea not unique to religious
traditions).
In applying these modules to contemporary American politics, Haidt has
proposed that liberals tend to dwell on modules 1 and 2, developing
their politics around fairness and kindness, and conservatives base
their politics on modules 3, 4 and 5. You’re not a real American, you
don’t respect the flag, and don’t put that in your mouth. (Here’s a
summary of Haidt’s work on politics.)
But module 3 and its analysis present a number of problems. For one,
discussions of Haidt’s work tend to deride it. For another, written
mostly before the rise of the Obamanation, they underestimate the
degree to which liberals are capable of forming in-group/out-group
moral judgments (still less toxic than the real right-wing love-it-or-
leave-it efflorescences).
Now, I have no background in evolutionary psychology, comparative
anthropology, or moral philosphy, not to mention precious little book-
larnin’ of any kind, but I have always been struck by the paucity of
understanding this discussion shows for the concept of solidarity. In-
group loyalty strikes Haidt as an atavism, an emotion for policing
who’s in and who’s out. But the success of social movements depends on
it–or, perhaps, an expansive, apotheotic form of it.
It may be the case that solidarity operates as a synthesis of modules
2 and 3 — a dialectical purple moral module derived from the primary
colors of reciprocity and loyalty.
Interestingly, in this 2005 Believer article, Haidt is claiming the
existence of four moral modules, and in-group loyalty does not come
up. I’d like to know how it emerged in his work.
http://joshuamalbin.com/2009/09/there-shall-be-five-moral-modules-everywhere-beneath-the-sun/
Here is one of the last non evolutionary postulates of a derivable
morality. This relic if combined with some recent science may have
potential;
Since most people do not want to be Killed, do not want others to
cause them Pain, do not want others to Disable them, do not want
others to Deprive them of Freedom, do not want others to Deprive them
of Pleasure, and we have neurological evidence of drives and needs in
the human brain that are universal, it is not a matter of doing
whatever we please as a sufficient counter-theory to our accumulated
evidence of our biological situation.
-------------------------------------
These are the ten moral rules that all rational persons would want to
be part of the public system that applies to all rational persons. No
one should be surprised by these ten rules. These are all obvious,
simple rules that everyone is supposed to follow regardless of what
their personal goal in life is. Careful attention to these rules shows
that they primarily set limits on what one is morally allowed to do.
They do not provide a positive goal for life. This is done by another
part of the moral system, what I call the moral ideals.
By an evil or a harm, I simply mean something that you would always
avoid for your self or your friends unless you had some reason for not
avoiding it. I define a good or a benefit in a similar way, as
something you would not avoid for yourself and your friends unless you
had some reason to. I claim that, in the sense I have given to the
terms, we all agree on what the goods and evils are, i.e., we all have
the same basic values.
FUNDAMENTAL
Do not Kill
Do not Cause Pain
Do not Disable
Do not Deprive of Freedom
Do not Deprive of Pleasure.
DERIVETIVE
Don't Deceive
Keep Your Promise
Don't Cheat
Obey the Law
Do Your Duty--where Duty includes those actions you are required to do
by your job, your position, your family, your circumstances, etc.,
e.g., a teacher has a duty to show up for class.
THE MORAL IDEALS
Now I am going to make explicit the moral ideals. Moral ideals are
those precepts that tell you to help others, to prevent the suffering
of pain and disability etc. Following the moral ideals goes beyond
what is required by the rules, but that does not mean that in a
conflict between the rules and the ideals, one should always follow
the rules. For example, everyone agrees that you can break a promise
to meet someone at the movies, if it is necessary to save a life. The
moral ideal of saving a life justifies your breaking this moral rule.
The moral rules and moral ideals are both important, and sometimes one
should take precedence over the other, sometimes the reverse. It
depends on what rules and ideals are involved. It depends on the
particular circumstances. But there is an important difference between
the rules and the ideals. The rules tell you not to cause an evil,
e.g., do not cause pain; the ideals tell you to prevent or relieve
evil being suffered, e.g., relieve pain.
You will notice that the moral rules can be obeyed with regard to all
people, all of the time, equally. You can obey the moral rules
impartially with regard to all people all the time, twenty-four hours
a day, seven day a week, fifty-two weeks a year. You can obey them
when you are alone on a desert island, in fact, you cannot help but
obey them when you are alone on a desert island. The situation is
really different with regard to the moral ideals. You cannot be
following the moral ideals twenty-four hours a day. You have to sleep
sometime, and when you are sleeping you are not following the moral
ideals. This is a significant difference between the moral ideals and
the moral rules, e.g., all of you reading this essay are right now
obeying all of the moral rules, but none of you right now are obeying
any of the moral ideals. Reading this essay may lead you to follow
moral ideals, but right at this minute, you are not following them,
whereas you are obeying all of the moral rules.
This difference between the rules and the ideals leads to another
difference: it is appropriate to punish people for not obeying the
moral rules, but it is not appropriate to punish them for not
following the moral ideals. When would you punish them?
http://aristotle.tamu.edu/~rasmith/Courses/251/gert-paper.html