Creative Intelligence · John Dewey
II
I hold no brief for the position--if any one holds the position--that in saying "this is right" I am making an assertion about my own feelings or those of any one else. As already stated the function of the judging process is to determine objects, with reference to which we say "is" or "is not." The emotional theory of the moral consciousness does not give adequate recognition to this. But just as little as the process of the moral consciousness is satisfied by an emotional theory of the judgment does it sanction any conception of objectivity which requires that values are here or there once for all; that they are fixed entities or "a nature of things" upon which the moral consciousness may look for its information but upon which it exercises no influence. The process of attempting to give--or discover--moral values is a process of mutual determination of object and agent. We have to do in morals not with a nature of things but with natures of persons. The very characteristic of a person as we have understood it is that he is synthetic, is actually creating something new by organizing experiences and purposes, by judging and choosing. Objectivity does not necessarily imply changelessness.
Whether right is a term of fixed and changeless character depends upon whether the agents are fixed units, either in fact or in ideal. If, as we maintain, right is the correlate of a self confronting a world of other persons conceived as all related in an order, the vital question is whether this order is a fixed or a moving order. "Straight" is a term of fixed content just because we conceive space in timeless terms; it is by its very meaning a cross-section of a static order. But a world of living intelligent agents in social relations is in its very presuppositions a world of activity, of mutual understanding and adjustment. Rationalistic theory, led astray by geometrical conceptions, conceived that a universal criterion must be like a straight line, a fixed and timeless--or eternal--entity. But in such an order of fixed units there could be no selection, no adjustment to other changing agents, no adventure upon the new untested possibility which marks the advance of every great moral idea, in a word, no morality of the positive and constructive sort. And if it be objected that the predicate of a judgment must be timeless whatever the subject, that the word "is" as Plato insists cannot be used if all flows, we reply that if right=the correlate of a moving order, of living social intelligent beings, it is quite possible to affirm "This is according to that law." If our logic provides no form of judgment for the analysis of such a situation it is inadequate for the facts which it would interpret. But in truth mankind's moral judgments have never committed themselves to any such implication. We recognize the futility of attempting to answer simply any such questions as whether the Israelites did right to conquer Canaan or Hamlet to avenge his father.
(5) The category of right has usually been closely connected, if not identified, with reason or "cognitive" activity as contrasted with emotion. Professor Dewey on the contrary has pointed out clearly[76] the impossibility of separating emotion and thought. "To put ourselves in the place of another ... is the surest way to attain universality and objectivity of moral knowledge." "The only truly general, the reasonable as distinct from the merely shrewd or clever thought, is the _generous_ thought." But in the case of certain judgments such as those approving fairness and the general good Sidgwick finds a rational intuition. "The principle of impartiality is obtained by considering the similarity of the individuals that make up a Logical Whole or Genus."[77] Rashdall challenges any but a rationalistic ethics to explain fairness as contrasted with partiality of affection.
There is without question a properly rational or intellectual element in the judgment of impartiality, namely, analysis of the situation and comparison of the units. But what we shall set up as our units--whether we shall treat the gentile or the barbarian or negro as a person, as end and not merely means, or not, depends on something quite other than reason. And this other factor is not covered by the term "practical reason." In fact no ethical principle shows better the subtle blending of the emotional and social factors with the rational. For the student of the history of justice is aware that only an extraordinarily ingenious exegesis could regard justice as having ever been governed by a mathematical logic. The logic of justice has been the logic of a we-group gradually expanding its area. Or it has been the logic of a Magna Charta--a document of special privileges wrested from a superior by a strong group, and gradually widening its benefits with the admission of others into the favored class. Or it has been the logic of class, in which those of the same level are treated alike but those of different levels of birth or wealth are treated proportionately.
Yet it would seem far-fetched to maintain that the countrymen of Euclid and Aristotle were deficient in the ability to perform so simple a reasoning process as the judgment one equals one, or that men who developed the Roman Law, or built the cathedrals of the Middle Ages, were similarly lacking in elementary analysis. Inequality rather than equality has been the rule in the world's justice. It has not only been the practice but the approved principle. It still is in regard to great areas of life. In the United States there is no general disapproval of the great inequalities in opportunity for children, to say nothing of inequalities in distribution of wealth. In England higher education is for the classes rather than for the masses. In Prussia the inequality in voting strength of different groups and the practical immunity of the military class from the constraints of civil law seem to an American unfair. The western states of the Union think it unfair to restrict the suffrage to males and give women no voice in the determination of matters of such vital interest to them as the law of divorce, the guardianship of children, the regulation of women's labor, the sale of alcoholic liquors, the protection of milk and food supply.
Are all these differences of practice and conviction due to the fact that some people use reason while others do not? Of course in every case excellent reasons can be given for the inequality. The gentile should not be treated as a Jew because he is not a Jew. The slave should not be treated as a free citizen because he is not a free citizen. The churl should not have the same wergeld as the thane because he is lowborn. The more able should possess more goods. The woman should not vote because she is not a man. The reasoning is clear and unimpeachable if you accept the premises, but what gives the premises? In every case cited the premise is determined largely if not exclusively by social or emotional factors. If reason can then prescribe equally well that the slave should be given rights because he is a man of similar traits or denied rights because he has different traits from his master, if the Jew may either be given his place of equality because he hath eyes, hands, organs, dimensions, senses, affections, passions, or denied equality because he differs in descent, if a woman is equal as regards taxpaying but unequal as regards voting, it is at least evident that reason is no unambiguous source of morality.
The devil can quote Scripture and it is a very poor reasoner who cannot find a reason for anything that he wishes to do. A partiality that is more or less consistently partial to certain sets or classes is perhaps as near impartiality as man has yet come, whether by a rational faculty or any other. Is it, then, the intent of this argument merely to reiterate that reason is and ought to be the slave of the passions? On the contrary, the intent is to substitute for such blanket words as reason and passions a more adequate analysis. And what difference will this make? As regards the particular point in controversy it will make this difference: the rationalist having smuggled in under the cover of reason the whole moral consciousness then proceeds to assume that because two and two are always four, or the relations of a straight line are timeless, therefore ethics is similarly a matter of fixed standards and timeless goods. A legal friend told me that he once spent a year trying to decide whether a corporation was or was not a person and then concluded that the question was immaterial. But when the supreme court decided that a corporation was a person in the meaning of the Fourteenth Amendment it thereby made the corporation heir to the rights established primarily for the negro. Can the moral consciousness by taking the name "reason" become heir to all the privileges of the absolute idea and to the timelessness of space and number?
Suppose I am to divide an apple between my two children--two children, two pieces--this is an analysis of the situation which is obvious and may well be called the analytic activity of reason. But shall I give to each an equal share on the ground that both are equally my children or shall I reason that as John is older or larger or hungrier or mentally keener or more generous or is a male, he shall have a larger piece than Jane? To settle this it may be said that we ought to see whether there is any connection between the size of the piece and the particular quality of John which is considered, or that by a somewhat different use of reason we should look at the whole situation and see how we shall best promote family harmony and mutual affection. To settle the first of these problems, that of the connection between the size of the piece and the size of the hunger or the sex of the child, is seemingly again a question of analysis, of finding identical units, but a moment's thought shows that the case is not so simple; that the larger child should have the larger piece is by no means self-evident.
This is in principle doubtless the logic, to him that hath shall be given. It is the logic of the survival of the strong, but over against that the moral consciousness has always set another logic which says that the smaller child should have the larger piece if thereby intelligent sympathy can contribute toward evening up the lot of the smaller. Now it is precisely this attitude of the moral consciousness which is not suggested by the term reason, for it is quite different from the analytic and identifying activity. This analytical and identifying activity may very well rule out of court the hypothesis that I should give John the larger piece because he has already eaten too much or because he has just found a penny or because he has red hair; it has undoubtedly helped in abolishing such practices as that of testing innocence by the ordeal. But before the crucial question of justice which divides modern society, namely, whether we shall lay emphasis upon adjustment of rewards to previous abilities, habits, possessions, character, or shall lay stress upon needs, and the possibility of bringing about a greater measure of equality, the doctrine which would find its standard in an _a priori_ reason is helpless.
If we look at the second test suggested, namely, that of considering the situation as a whole with a view to the harmony of the children and the mutual affection within the family, there can be even less question that this is no mere logical problem of the individuals in a logical genus. It is the social problem of individuals who have feelings and emotions as well as thought and will. The problem of distributing the apple fairly is then a complex in which at least the following processes enter. (1) Analysis of the situation to show all the relevant factors with the full bearing of each; (2) putting yourself in the place of each one to be considered and experiencing to the full the claims, the difficulties and the purposes of each person involved; (3) considering all of these _as_ members of the situation so that no individual is given rights or allowed claims except in so far as he represents a point of view which is comprehensive and sympathetic. This I take it is the force of President Wilson's utterance which has commanded such wide acceptance: "America asks nothing for herself except what she has a right to ask in the name of humanity." Kant aimed to express a high and democratic ideal of justice in his doctrine that we should treat every rational being as end. The defect in his statement is that the rational process as such has never treated and so far as can be foreseen never will treat _human_ beings as ends. To treat a human being as an end it is necessary to put oneself into his place in his whole nature and not simply in his universalizing, and legislative aspects: Kant's principle is profound and noble, but his label for it is misleading and leaves a door open for appalling disregard of other people's feelings, sympathies, and moral sentiments, as Professor Dewey has indicated in his recent lectures on "German Philosophy and Politics."
The term "reasonable," which is frequently used in law and common life as a criterion of right, seems to imply that reason is a standard. As already stated, common life understands by the reasonable man one who not only uses his own thinking powers but is willing to listen to reason as presented by some one else. He makes allowance for frailties in human nature. To be reasonable means, very nearly, taking into account all factors of the case not only as I see them but as men of varying capacities and interests regard them. The type of the "unreasonable" employer is the man who refuses to talk over things with the laborers; to put himself in their place; or to look at matters from the point of view of society as a whole.
Just as little does the term reasonable as used in law permit a purely intellectualistic view of the process or an _a priori_ standard. The question as to what is reasonable care or a reasonable price is often declared to be a matter not for the court but for the jury to decide, i.e., it is not to be deduced from any settled principle but is a question of what the average thoughtful man, who considers other people as well as himself, would do under the circumstances. A glance at some of the judicial definitions of such phrases as "reasonable care," "reasonable doubt," "reasonable law," as brought together in _Words and Phrases Judicially Defined_, illustrates this view. We get a picture not of any definite standard but of such a process as we have described in our analysis, namely, a process into which the existing social tradition, the mutual adjustments of a changing society and the intelligent consideration of all facts, enter. The courts have variously defined the reasonable (1) as the customary, or ordinary, or legal, or (2) as according with the existing state of knowledge in some special field, or (3) as proceeding on due consideration of all the facts, or (4) as offering sufficient basis for action.
For example, (1) reasonable care means "according to the usages, habits, and ordinary risks of the business," (2) "surgeons should keep up with the latest advances in medical science," (3) a reasonable price "is such a price as the jury would under all the circumstances decide to be reasonable." "If, after an impartial comparison and consideration the jury can say candidly they are not satisfied with the defendant's guilt they have a reasonable doubt." Under (4) falls one of various definitions of "beyond reasonable doubt." "The evidence must be such as to produce in the minds of prudent men such certainty that they would act without hesitation in their own most important affairs." There is evidently ground for the statement of one judge that "reasonable" (he was speaking the phrase "reasonable care," but his words would seem to apply to other cases) "cannot be measured by any fixed or inflexible standard." Professor Freund characterizes "reasonable" as "the negation of precision." In the development of judicial interpretation as applied to the Sherman Law the tendency is to hold that the "rule of reason" will regard as forbidden by the statute (_a_) such combinations as have historically been prohibited and (_b_) such as seem to work some definite injury.
Ideas discussed in this chapter
Text from Project Gutenberg, public domain in the United States.