About Me

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Australian philosopher, literary critic, legal scholar, and professional writer. Based in Newcastle, NSW. My latest books are THE TYRANNY OF OPINION: CONFORMITY AND THE FUTURE OF LIBERALISM (2019); AT THE DAWN OF A GREAT TRANSITION: THE QUESTION OF RADICAL ENHANCEMENT (2021); and HOW WE BECAME POST-LIBERAL: THE RISE AND FALL OF TOLERATION (2024).

Saturday, December 16, 2006

Home again, home again

Thank you to those people whom I love who looked after us in Newcastle.

Now, I'll have to get to some serious blogging when I've caught up with things.

Wednesday, December 06, 2006

Compulsory blog break

Jenny and I will hit the road tomorrow to drive interstate to visit loved ones back in Newcastle. It won't be practical for me to try to blog while away - it'll be difficult enough keeping up with e-mails - so I'm declaring a break until mid-December.

A bigger victory for reason - Australia liberalises cloning laws

According to news reports tonight, the House of Representatives has voted in favour of legislation to overturn the ban on therapeutic cloning in Australia. The legislation has already passed the Senate and will now be enacted as law.

While this legislation goes nowhere near far enough - and has actually gone backwards in certain respects - overall, it will produce some liberalisation of Australia's harsh and unnecessary cloning laws. This is a major step forward in the struggle against various kinds of irrationalists and anti-liberals who want to ban practices that do no harm ... but may aid medical scientists in conducting research that will lead to treatments for disease.

One disturbing aspect of the debate was that Australia's new Leader of the Opposition, Kevin Rudd, joined with the socially conservative Prime Minister, John Howard, in opposing the reform. Howard's stance was predictable, but Rudd's less so - and it is sad to see the leaders of both major parties in Australian politics hitching a ride on the shaky-wheeled wagon of irrationalism. Quickly, someone find us a political leader with an ounce of sense when it comes to issues of biomedical policy. Fortunately, the majority of members of the house disagreed with their leaders, and this issue was the subject of a conscience vote with no party discipline applied. So there it is.

When all is said and done, it's a day for rejoicing after the bitterness we've watched over the past few weeks, as the irrationalists have fought tooth and nail against reform. I can still scarcely believe that this process has led to a result in which reason has (more or less) prevailed. I wasn't going to believe it could happen until the final numbers were in.

But it's finally over. Crack open the Champagne.

Horrible, horrible news reporting

Two young high school students were expelled from a Muslim school in Melbourne for desecration of the Bible, apparently in expression of some sort of anti-Christian feeling. Evidently they urinated on it and set fire to some pages. Not very nice of course.

But why have the media seized upon this relatively trivial incident? I've just been watching 9 News, where a female journalist speaks, with a distraught throb in her voice, of "this horrible, horrible act." Oh, give me a break! There are young teenage schoolboys doing far worse things every day, including acts of violence against each other, but these are not reported in the mainstream news media. In this case, no one seems to have been hurt in any way.

These were kids who can't be expected to show much maturity, the act was rather trivial, and it did no great harm beyond the reporting of it. Besides, I'd defend adults' liberty to burn holy books, effigies, flags, or any other symbols of things they dislike. Merely symbolic destructive acts such as this fall well within freedom of speech, as the US Supreme Court has found with burning of the American flag. School students doubtless need more discipline than adults - their characters are still being formed and perhaps they don't have the same civil liberties - but setting that aside, the act was legitimate expression. The underlying problem is that the kids may have been brought up to feel this way (however, exactly, it is that they feel) by their parents or other adults. Then again, kids get ideas from all over the place.

Meanwhile, the media beat-up of the story is sickening. It is far more likely to cause social division than the original incident. And I don't see this as the same as something I defended recently: reporting on the views of a senior cleric, Sheik Hilali, which have great influence and are a matter of public interest.

Here's the bottom line: 1. These kids should not even have been expelled - something obviously needed to be done to find out what was bugging them and to see if they could be put straight about the school's attitude to religious toleration, but some frank counselling would have been quite enough. 2. The news media are not there to report the day-to-day antics and wrongdoings of school students. Talk about cracking a peanut with a sledgehammer.

Monday, December 04, 2006

Bring Hicks home

I'm not normally one to give any support to somebody who has, apparently, trained with fundamentalist terrorist organisations, but the situation with David Hicks has become absurd. The man has now been held for five years in what are, by all accounts, appalling conditions, without being tried on any charges. There is no serious suggestion that he has committed any heinous war crime or crime against humanity that should attract universal juridiction. He committed no crime in the territory of the United States of America, the country that is holding him prisoner. None of his actions were in breach of the laws of Australia, the country of which he is a citizen.

It strikes me as simply extraordinary that the Australian government excuses its refusal to lobby on Hicks's behalf on the basis that he cannot be tried and punished here because he broke no Australian laws in effect at the time. Well ... let me get this straight, the fact that he broke none of our laws is a reason why we want him to remain in prison. Yeah, right.

Maybe we mean he did something we wish we'd thought to ban at the time - so leaving him now to rot in the hellhole of Guantanamo Bay is a pragmatic substitute for retrospective criminal legislation. If that's the sub-text, we should all be afraid of where current government approaches are taking us.

I don't like seeing Hicks portrayed - as he sometimes is by the media - almost as if he's some sort of hero. He is nothing of the sort. On the other hand, I doubt that he is all that dangerous. If it could be established that he is, then perhaps he needs to be kept under close police surveillance once he is returned to Australia and freed. That's fine, as long as strict process is followed. But Australians should not be acquiescing in the continued imprisonment of a fellow citizen for supposed crimes that he committed outside the territory of the imprisoning power and in breach of no Australian law. Surely we can give this man a little sympathy by now, but more importantly there is a principle here. Bring him home, and be done with it.

On cyborg citzenship - where I have a problem

My friend James Hughes has a great narrative to tell about the expanding circle of recognition of rights to all persons, irrespective of sex, race, culture, and even species and physical substrate. According to this narrative, we will ultimately accord citizenship - and the legal rights that go with it - to non-human persons and then to non-biological persons such as advanced, fully-conscious artificial intelligences. We will realise that it is Lockean personhood, rather than species membership, that accords full moral considerability.

I wish I could go along with this without qualification, because it's a wonderful story to tell, and much simpler than the complex, ambiguous, difficult reality that I see. But I do have a problem here.

I think James's account is roughly correct, and if we need a simple moral story to tell I'm going to tell this one, rather than spout nonsense about "human dignity" - the idea that there is some mysterious factor or set of factors that accords infinite moral worth to human beings, making us exceptional within the universe. As I've often said, there is no such X factor that amounts to human dignity. From my naturalistic point of view, "dignity talk" involves a bizarre kind of human exceptionalism, and I applaud the efforts of anyone who wants to combat it. If we do create fully conscious artificial intelligences, I think we'll need to find ways to integrate them into human societies and to grant them citizenship. A good start towards this way of thinking is to get behind Peter Singer's Great Ape Project, and argue for at least some special legal protections for chimpanzees and the rest of our near-brethren in the animal world. Let's get used to the idea that personhood is what counts.

And yet, and yet...

All that said, this is still the area where I always feel the need to part company somewhat with a number of my friends and intellectual allies. Despite all the above, I continue to question whether it is a good idea to create fully-conscious, self-aware, non-human beings with high intelligence, etc. Even if the personhood theory of ethics is correct, that does not mean it is intuitively correct. Until it has been internalised by most people, it is unlikely to be applied by them, in practice, from moment to moment and day to day. I'd like to see a lot of change in the way people think before we create beings who need the new kind of thinking to prevail in reality, if their interests are going to be protected. Accordingly, despite the solidarity that I feel with transhumanists and technoprogressives in many current bio-political struggles, I worry about the creation of these "new humans" (or whatever shorthand we use), and I don't think that we should accept their inevitability, at least in the short or medium term, when we argue for therapeutic cloning, for the in-principle acceptability of safe reproductive cloning, and for a raft of technologies that will assist us to retain (and even enhance) our capacities, helping us to lead better and longer lives.

James, of course, is aware that there would be practical problems. In Citizen Cyborg, he suggests that we may come to the conclusion that it's best to hold off on uplifting any non-human animals to higher levels of intelligence if this will only make then miserable, while we might have prudential reasons for preventing machine minds from obtaining self-awareness, or for making sure they feel solidarity with us. All this makes sense, but I am as worried about how we would treat a cute little baby Skynet as about how it would treat us. (As a sidenote, the original Skynet only initiated Judgment Day when human beings panicked and tried to shut it down - at least that's how the story is told in Terminator 2.)

Actually, I think the situation is even more complex. Although personhood theory is superior to the spooky doctrine of human dignity, it is still only an approximation to the truth. The truth of the matter is that there are no objective values in the disenchanted universe in which we find ourselves - there are merely things that we value. Human species-membership is not of objective value, but neither is personhood.

Out of our shared values, we have created moral systems that suit our interests, but these are institutions invented by human beings to serve human beings. Moral systems are our servants, not our masters; they have no deeper justification than that. They are responses to our values, fears, and sympathies, including the sympathetic responses that we have to non-human beings whose sufferings we recognise. There is no higher court of appeal to some objectively "correct" set of values, etc., although there is also no reason why we cannot attempt to alter and shape our own values if we wish (but the decision to do so will always be based on our deeper or stronger values; stepping entirely out of our initial value set is not possible, or even something that can be imagined coherently).

On this picture, we don't have a spooky "objective moral worth" that a fully-conscious AI would lack. On the other hand, if someone is simply more emotionally responsive to fellow human beings than to fully-conscious AIs, she is not making an intellectual mistake. It is a contingent empirical fact about us that we are not especially more responsive to people of different racial background (for example) once we overcome our tribalism and fears of the Other, but that fact is probably rooted in the additional fact that we are genetically programmed to respond to human facial expressions, tones of voice, basic morphology, and typical movements ... and not to such things as skin colour. If we were beings who really cared about skin colour at the deepest level of our genetic programming, morality as we now understand it would be impossible for us. Fortunately - as seen from inside our moral institutions and our actual values - Homo sapiens are not like that. Racism is cultural, not biologically programmed; it is skin deep.

However, we'll have to think very long and hard before we screw around with the most basic kinds of emotional responsiveness built into our genetic programming, even if it proves to be possible. Perhaps we'll eventually decide to make some changes to bring all our values into a better alignment, but it's not happening any time soon.

Meanwhile, if we start creating beings that possess the attributes of personhood, but do not possess the down-to-earth empirical characteristics that we are actually programmed to respond to, it is going to be much more difficult for us to extend our sympathies to them than has been the case with ongoing efforts to overcome racism. Perhaps we - or at least some of us - have reached a point where we would most value the happiness and fulfilment of persons, whatever appearance they took, and perhaps we could treat the "new humans" with the same concern as we treat other Homo sapiens. We are, perhaps, ready to put a higher value on the happiness of all Lockean persons than on the happiness of human beings in particular. We can abandon human-racism.

I suspect that in practice, however, even the most enlightened of us would be much more conflicted if push came to shove, and that there would be plenty of resistance from the less enlightened.

In the end, I agree, more or less, with the great importance attaching to personhood, and hope that I'll be able to act with kindness towards any fully-conscious artificial intelligences that I happen to meet over the next few decades. But I also think that we have good, non-spooky reasons to be very cautious about actually creating such beings. While there is no rational argument available against, say, therapeutic cloning, there is plenty of room for rational discussion about what is, and what is not, wise when we begin to contemplate issues that lie far on the other side of current bio-political controversies.

If only we could reach the point where society could have that discussion.

Sunday, December 03, 2006

Wikipedia concludes science case

Over at Wikipedia, the complex arbitration on science and pseudoscience editing has come to an end. Without commenting on any of the parties involved, I just want to say that the outcome - with various people being cautioned, put on probation of diferent sorts, or being banned from writing about themselves and their own work - looks pretty fair and measured overall. Importantly, it has shown an admirable concern to maintain the integrity of Wikipedia's science articles, protecting them from the disproportionate incorporation of points of view from fringe science.

Saturday, December 02, 2006

Polar bears

I'm just back from dinner with Jenny, Alison Goodman, and Ron Gallagher. Hmmm, at one point we were playing "Who reminds you of what animal?". Alison said she thinks of me as a polar bear: in her words, "A mixture of ferocity and shyness."

I'll have to think about that one, but I believe it was meant to be a compliment. Actually, she's probably about right. :)

Friday, December 01, 2006

You've got to love those irrationalists

They're at it again. As legislation to liberalise Australia's draconian laws on cloning and other reproductive technologies goes to the the lower house for debate (after narrowly passing in the Senate), we are seeing yet more hysterical, irrational opposition. One of the latest claims is that there will be a loophole because nothing will stop the creation of a zygote using the sperm of an adult man and an egg from an aborted fetus.

A letter in The Australian this morning from members of the Lockhart committee shows how misleading this is. The insemination of an egg cell to create a zygote outside a woman's body for any purpose other than reproduction is a crime that will have a 15-year jail term attached to it. The effect of this is to force the use of "spare" IVF embryos for research purposes, except where specifically provided for in the legislation. As for using IVF to create an embryo, using an egg from an aborted fetus, for reproductive purposes, there is a plethora of regulation in Australia that would rule this out. Once again we are seeing irrationalists dreaming up bizarre situations to try to oppose legislative reform through appeal to people's emotions.

That is the first point.

More fundamentally, though, if it assisted scientific research to create embryos using eggs from aborted fetuses what would actually be wrong with it? The idea stirs up emotions because of the connection with abortion, anathema for many people (though usually for irrational reasons). However, let's think about this. Who would actually be harmed by such a procedure?

The aborted fetus is already dead. Moreover, it is not as if something is happening to it after its death against its wishes while it was alive, as when someone fails to honour the terms of my will. A fetus is not the sort of entity that can have wishes about what happens after its death. I can see no other candidate for a "victim" of the conduct. In other words, we have a situation where Australia will continue to impose a penalty of fifteen years' imprisonment for a so-called "crime" that actually harms nobody and could be of use in scientific research that will ultimately yield health benefits. That is simply ridiculous.

It's about time we stopped listening to irrationalists when we formulate public policy. If reason prevails, we will see some minor liberalisation of the law in the short term, but there will still be draconian penalties against a whole range of procedures that cause no harms and should not be crimes at all. It's time to put the irrationalists who got us into this situation back in their box.

Just stop listening to them.

Thursday, November 30, 2006

The Humean argument against objectivism

In Sentimental Rules (2004), Shaun Nichols does a good job of explicating the central Humean argument against moral objectivism.

As he summarises it, the argument broadly involves two steps:

1. Rational creatures who lack certain emotions would not make the moral judgments that we do.

2. There is no externally principled basis for maintaining that all rational creatures should have the emotions on which our moral judgments depend. (page 185)

We can imagine intelligent, rational, well-informed Martians who do not believe (for example) that it is wrong to torture puppies. They fail to condemn the practice of puppy-torture because they don't share the human emotional repertoire that leads us to revile it. At the same time, there is no independent basis for saying that our emotional repertoire is the "right" one and the Martian one is "wrong". Thus, our condemnation is not justified except relative to creatures with an emotional repertoire like ours. pp. 185-86) It cannot truly be said that the Martians are making an intellectual mistake, however much we may be appalled by them.

Nichols supports the first premise by referring to the range of empirical work that shows a link between affect and normative judgment (and, in his view, the cultural viability of moral norms). This makes it plausible that rational Martians with a different emotional repertoire would not have the same moral norms. The empirical evidence also tends to show that psychopaths, who do not have the normal emotional repertoire, make different moral judgments: for example, they do not distinguish between authority-contingent conventional norms and universal moral norms, and they give different explanations as to why harmful acts are wrong (for them, it as a matter of violating convention rather than of the welfare of the person harmed). (p. 186) As a further point, norms that are backed by emotions of disgust are more likely to be treated as akin to moral norms, which are backed by emotions of reactive distress and concern, than are norms that have no strong emotional backing, such as norms of etiquette on emotionally neutral matters such as table settings. (pp. 186-87)

The second premise can be filled out by saying that there is no principled, external reason why all rational creatures should have emotional responses such as the human responses of reactive distress and concern. It is not even clear how anyone could argue for such a claim (it is no use arguing in a circular fashion that Martians are morally obliged to have such responses, as determined by our moral norms and intuitions; this assumes what we set out to prove, that our moral judgments are objectively supported). It won't do to say that creatures without our emotional repertoire are in some way defective from an evolutionary viewpoint, since it is not necessarily the case that having such a repertoire would have been to their ancestors' evolutionary advantage. Even in the case of human beings, it is not clear that there is only one kind of emotional functioning that was evolutionarily adaptive. (pp. 187-88) It might be added that even if there were, this would not seem to settle the matter: why is it now objectively better to have an emotional repertoire that happened to confer a reproductive advantage in the environment of evolutionary adaptedness? Some further explanation seems needed.

Despite the long history of debate around this and similar arguments, I can see no way to avoid Nichols' conclusion - indeed, he has formulated a position very like the one that I find intuitively compelling. Nor can I see any way to avoid accepting the claim that this leads irresistibly to a conclusion that contradicts most commonsense and philosophical views of the nature of morality ("most", not necessarily "all").

None of this detracts from another set of facts - that most human beings do have similar emotional repertoires; that we readily end up embracing similar moral norms on a wide range of issues; and that we have reason to be glad of this, assuming everything else about our nature and situation is held fairly constant, and that we have certain widespread values such as preferring to live in a civilised society rather than a Hobbesian state of nature or something approaching it. There is a pragmatic viewpoint from which we can (almost) all consider our core moral norms justified, in that we want them to be retained even after we know all the facts, though we might question how far this extends beyond the core of morality to areas over which there is deep disagreement.

That last caveat raises important questions about how far a liberal society should enforce non-core moral norms that are often disputed, such as norms relating to sexual morality or reproductive practices. In one sense, these are no more non-objective than the core norms prohibiting cruelty and violence: i.e., none of them are objective in a hardline sense. However, those norms that plug strongly into the human emotional repertoire, and which forbid acts that cause pain or harm, are surely the most important to the survival of human societies and the least likely to cause resentment, opposition, and the infliction of suffering when they are imposed on the unwilling. To that extent, not all of our moral norms are equal. Legislators, please take note.