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Philo Public Policy
Philo Public Policy
3, 2009
DOI number: 10.1111/j.1468-5930.2009.00452.x
Moral Epistemology
ALLEN BUCHANAN
abstract Part 1 of this essay argues that one of the most important contributions of
philosophers to sound public policy may be to combat the influence of bad Philosophy (which
includes, but is not limited to, bad Philosophy produced by accredited academic philosophers).
Part 2 argues that the conventional conception of Practical Ethics (CPE) that philosophers
bring to issues of public policy is defective because it fails to take seriously the phenomenon of
the subversion of morality, the role of false factual beliefs in this subversion, and the vulnerability
to the exploitation of our moral powers that our social-epistemic dependency entails. Given the
serious risks of the subversion of morality through the propagation of false factual beliefs, CPE’s
near exclusive emphasis on identifying sound moral principles greatly constrains its potential
contribution to the Negative Task of Practical Ethics, the endeavour to reduce the incidence
of the most grievously wrong behaviour. Practical ethicists should focus more on the ethics of
believing, and develop a more sophisticated conception of the moral and epistemic virtues of
individuals and of institutions, one that includes protective meta-virtues, whose function it is
to guard us against the more frequent and predictable subversions of morality, including those
subversions that are facilitated by the processes of belief-formation that our social institutions
and practices foster.
Philosophers — at least those who work in Practical Ethics — tend to take a positive
view of the role they see Philosophy playing in contemporary public policy. With under-
standable pride they point to the proliferation of national Bioethics commissions in
a number of countries and the prominent presence of academic philosophers in them.
There have always been some who question either the value of such public deliberative
bodies or the contribution that philosophers make to them, or both. But recently, new
doubts have been raised by the patently ideological composition of President Bush’s
Council on Bioethics, as well as by the not unrelated fact that the Council’s Reports
fall far short of accepted minimal standards for philosophical moral reasoning.1
Perhaps this is an especially propitious time for a serious examination of the role of
Philosophy in public policy.
Perhaps; but it would be a mistake to begin such an inquiry with the assumption
that Philosophy has generally played a positive role in public policy and that the issue
before us now is how to prevent grossly biased and philosophically weak national
commissions from changing that. For one thing, there is no particular reason to think
that the most important role for Philosophy is in national commissions or other
government-sponsored public deliberative bodies. There are a number of less direct
© Society for Applied Philosophy, 2009, Blackwell Publishing, 9600 Garsington Road, Oxford, OX4 2DQ, UK and 350 Main
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Philosophy and Public Policy 277
ways in which philosophical thinking can make its way into the public policy process.
Rather than serving as members of public deliberative bodies, philosophers can publish
work that is read by staff who brief policy makers or help shape public opinion.
Alternatively, depending upon how accessible their ideas are, they can help shape
the cultural-intellectual background from which policy issues emerge, influencing the
thinking of policy makers who may never even have heard of their work. Peter Singer’s
Animal Liberation (1975), on the moral status and proper treatment of nonhuman
animals,2 and Jonathan Glover’s What Sort of People Should There Be? (1984), which
opened the door to serious public discussion of the ethics of reproductive technologies,
are paradigm cases.3
There is a more basic reason not to assume that the issue now is how to prevent the
input of Philosophy into the public policy process from being corrupted by politics: to
do so is to suggest that the influence of Philosophy on policy is generally benign and
that whatever harm is now being done is an aberration. As Karl Popper pointed out
fifty years ago, there is much evidence against this rosy assessment. Indeed, one might
go so far as to say that some of the most disastrous public policy has been inspired at
least in part by those in power taking some philosophers too seriously.
Some contemporary philosophers would no doubt respond indignantly that the risk
that philosophical influence on public policy will contribute to moral catastrophes is
much reduced due to the character of contemporary Philosophy or at least of that type
of contemporary Philosophy that tends to engage the public policy process. They
would say that contemporary philosophers who critically analyze public policy options
are not likely to inspire disastrous large-scale social experiments, to contribute to the
mobilization of mass violence, to rationalize aggressive war, or to encourage public
policy that is seriously destructive in other ways.
Such protestations are unconvincing. It may well be that the US President’s Council
on Bioethics has contributed to public acceptance of pro-abstinence responses to the
HIV-AIDS epidemic that have resulted in millions of deaths that would not have
occurred if more resources has been directed toward encouraging the use of condoms.
The President’s Council has also supported restrictive policies on stem cell research
that may have delayed important medical advances that would save many lives and
avoid much human suffering.
Furthermore, some contemporary academic political philosophers and philosophers
of international law have produced nationalistic, anticosmopolitan theories that provide
handy intellectual resources for defending policies that sharply constrain cooperation
in coping with global climate change, that deny the authority of the International
Criminal Court, and that exempt the world’s one superpower from the full force of
international human rights law.4 It is difficult to gauge the influence of such academics;
but there is no doubt that in some instances they not only help implement policy but
also play a role in formulating it. Consider, for example, the work of the foreign policy
law and constitutional law expert John Yoo in the US State Department: he was the
author of a memo asserting the President’s authority to employ torture. There can be
little doubt that Yoo was chosen for his position as legal counsel to the Executive
precisely because of the character of his views on the Constitution, and the latter are
accurately described as embedded in a conservative-authoritarian Political Philosophy.
If one takes a less self-serving, broader view of who counts as a philosopher, the
assumption that the influence of Philosophy on public policy is generally benign
looks even more dubious. If one includes religious and nationalist thinkers who
offer systematic visions of how society ought to be and outline programmes for how
to bring about what they consider to be progress, then it becomes clear that Popper’s
worries are far from anachronistic. Consider the Islamicist theoretician, Sayyid
Qutb, who has apparently significantly influenced the leadership of Al-Qaeda and
other terrorist groups. Or contemplate leading US neoconservatives such as William
Kristol, who combine a kind of a kind of unarticulated virtue ethics, arbitrarily selected
elements of Political Realism, grand generalizations about human nature and
society, and a Manichean division of the world into the forces of freedom and those
of evil, to produce a sweeping view of humanity’s past and future in which the United
States is believed to play an exceptional if not transcendent role. On some accounts,
neo-con Philosophy played a significant role in the Bush Administration’s decision
to invade Iraq in 2003 and its willingness to violate international prohibitions on
torture.
Ignazio Silone, the anti-fascist novelist, went so far as to assert that modern tyranny
requires the collaboration of intellectuals.5 He might have added: especially the collaboration
of philosophers, in the broad sense of the term, because modern tyrannies can only be
sustained by beliefs of a rather theoretical — indeed philosophical — kind.
No doubt some would say that whatever negative effects such thinkers have does not
detract from the claim that Philosophy now has a generally positive influence on policy
because they aren’t really philosophers — their thinking doesn’t qualify as Philosophy.
If one employs a sanitizing, stipulative definition of ‘philosopher’, treating that term
as an honorific title for those who meet standards of excellence that are currently
endorsed by mainstream academic philosophers in developed countries, one will
conclude that the influence of Philosophy on public policy is much more benign than
if one operates with a broader definition.
Rather than indulging in the comforting evasion that only bad Philosophy is dangerous
and that bad Philosophy isn’t really Philosophy, it would be better to begin with what
might be called the colloquial conception of a philosopher: one who purports to offer
a systematic view of reality or at least of social reality, a view that includes prescriptions
for how we ought to live or at least how we should orient ourselves toward existing
political authority, conventional morality, and major contemporary political issues.
Philosophers thus conceived exist in academia outside Philosophy departments
(for example in religious studies and modern languages departments) and outside
academia altogether.
In the past, philosophers in this broader sense, including some who held prominent
academic posts, have provided the intellectual and normative scaffolding for religious,
nationalist, and ethnonational violence. Sometimes they have done so intentionally;
in other cases, their thoughts have been borrowed and adapted by entrepreneurs of
violence in ways that might horrify them. There is no reason to assume that this will
not continue. Ironically, the greatest impact of Philosophy on public policy may not
be in the area in which it has been most direct, conspicuous, and widely discussed —
that is, in the participation of academic philosophers in the deliberations of public
Bioethics commissions or other similar bodies.
One lesson to draw from these reflections is that contemporary professional
philosophers may be construing their role in public policy far too narrowly. Their
greatest service might be to combat the influence of bad Philosophy and of pernicious
overlooks the fact that the risk of subversion can vary systematically, depending
upon the social environment in which the individual finds herself. More specifically,
I will argue that Virtue Ethics has largely overlooked the importance of institutional
epistemic virtues because it has underestimated the epistemic dependency of
individuals and thereby overestimated what might be called the autonomy of the
individual’s virtues, both epistemic and moral. My ultimate conclusion will be two-fold:
first, that Practical Ethics should attend more to the subversion of morality through
the social propagation of false beliefs and second that this re-orientation of Practical
Ethics is of vital importance for philosophers who desire to make their work relevant
to public policy.
Ethics, but they do not address what may be the most common form of violence
which the Principle of Discrimination is intended to constrain: cases in which soldiers
kill soldiers who have surrendered or people who are obviously civilians and offer a
moral justification doing so that rests on patently unjustified factual beliefs about
the behaviour of ‘the enemy’. One particularly well-documented instance of this
phenomenon is the case of the deliberate killing by German soldiers of large numbers
of Belgian civilians in World War I. The justification offered for this behaviour, in
some cases, was that Belgian nuns had castrated and then killed wounded German
soldiers.13 This is only an extreme version of a common justification for the killing
of civilians. Germans also justified the shooting of civilians on the grounds that they
were francs-tireurs — fighters not wearing uniforms, who stealthily shot unsuspecting
German soldiers. Unsurprisingly, there is no evidence whatsoever of Sisterly gelding;
but neither is there credible evidence of widespread Belgian francs-tireurs. It is likely
that flimsy rumours or outright fabrications of atrocities committed by ‘the other side’
have been used to justify violations of jus in bello principles in most wars, or at least
in most wars during periods of history where it was even thought necessary to justify
the killing of unarmed people.
My point is not that CPE, with its tendency to focus on moral principles and
arguments to the exclusion of attention to the factual beliefs that can subvert
their application, has nothing to say about such cases. The conventional practical
ethicist could point out that when made fully explicit such attempts to justify the
killings of civilians or captured soldiers often include an implausible principle of
collective responsibility, according to which violations of the rules of war by some
members of a group (civilians) are thought to justify the killing of other members
of the group. Interestingly enough, contemporary philosophers writing on the morality
of war have not, to my knowledge, even engaged in this sort of principled critique of
blatant violations of the Principle of Discrimination. The key point, however, is
that they have not had much to say about the role of unjustified — and sometimes
quite incredible — factual beliefs in uncontroversial violations of the Principle of
Discrimination.
the other side is how remarkably uncritical the killers are about factual beliefs which,
if they are to be taken at their word, play an important role in their motivation for
killing. The willingness of ordinary Germans to believe a distorted view of history and
the role of the Jews in it is equally disturbing.
A wit once remarked that many a young man has made a proposal of marriage in
lighting conditions under which he would not venture to purchase an inexpensive
necktie. It is even more remarkable, and of much graver moral consequence, that many
people are so gullible in accepting factual claims of the sort that can be so easily
marshalled to rationalize — or, rather, moralize — extremely immoral behaviour. When
having certain factual beliefs predisposes one toward cooperation with massive wrongful
violence, being gullible is a moral vice. But it is a moral vice that has largely been
ignored by CPE.
Of course, animal liberationist philosophers and feminist philosophers have proceeded
on the assumption that beliefs matter. The former have sought to make explicit and
criticize our beliefs about the differences between humans and nonhuman animals
and the moral implications of these alleged differences. The latter have argued that a
person’s location within the structure of sexist social institutions and practices affects
her beliefs and even her capacity for knowledge.15 Yet, in spite of these valuable con-
tributions, CPE has not focused systematically on the role of false factual beliefs in the
subversion of morality.
are relevant to moral status judgments, beliefs about the history of one’s own country
and its treatment by other countries of the sort that are often invoked to justify armed
conflict, and all beliefs that tend to limit the sentiments of compassion and respect.17
Even a much richer account of the virtues of individuals than contemporary Virtue
Ethics provides would still not be enough, however. Any attempt to enrich Practical
Ethics by foregrounding the ethics of believing will be grossly inadequate unless it
incorporates what I have elsewhere called social moral epistemology.18 As I understand
the term, ‘social moral epistemology’ is the systematic comparative evaluation of
alternative institutional arrangements and social practices as to their efficacy and
efficiency in promoting beliefs that are especially important for the proper functioning
of the moral powers. Given our extreme epistemic dependency and given that this
dependency is socially structured, we need to expand our conception of epistemic
virtues in two ways. First, as I have already indicated, a full characterization of the
epistemic virtues of a morally responsible individual must include stable dispositions
to be critical about the institutional epistemic environment in which one lives. A
characterization of individual epistemic virtues that omits reference to the institutional
epistemic environment is flawed. Second, we need an account of the epistemic virtues
of social institutions. More precisely, we need criteria for the comparative evaluation
of alternative institutional epistemic environments as to their effects on our ability to
form and sustain the beliefs upon which the proper functioning of our moral powers
depends.
Because conventional Virtue Ethics underestimates the social-epistemic dependency
of the individual, it proceeds as if the virtues of individuals are much more autonomous
or self-sufficient than they are, neglecting the ways in which an individual’s capacity to
cultivate and sustain the virtues — and to avoid their disfigurement — depends upon
the patterns of epistemic deference that prevail in the society in which the individual
finds herself. So unless Virtue Ethics comes to incorporate social moral epistemology,
its further penetration into Practical Ethics will not remove the limitations I have
described.
In recommending that Practical Ethics should take the ethics of believing more
seriously and in arguing that an adequate account of the ethics of believing will attend
to the complex relationship between individual and institutional epistemic virtues, I
am not suggesting that Philosophy should be replaced by Social Science. Social moral
epistemology, as I understand it, is an essentially normative enterprise: it evaluates the
epistemic functions of alternative institutional arrangements and social practices and it
may prescribe epistemic-institutional reform for moral reasons. The enriched Practical
Ethics that I am advocating will still be recognizable as Ethics: it will utilize the results
of social moral epistemological enquiry to develop a more nuanced account of what it
is to be a virtuous individual and what a better society would be like.
In the first part of this essay I argued that philosophers should take a broader and a
more critical view of the relationship between Philosophy and public policy, recognizing
that one of their most important contributions to sound public policy may be to
combat the influence of bad Philosophy (which includes, but is not limited to, bad
Philosophy produced by accredited academic philosophers). In the second part, I
argued that the conventional conception of Practical Ethics that philosophers bring to
issues of public policy is defective because it fails to take seriously the phenomenon of
the subversion of morality, the role of false factual beliefs in it, and the vulnerability to
the exploitation of our moral powers that our social-epistemic dependency entails. I
also argued that contemporary Virtue Ethics cannot cure these defects of the conventional
conception of Practical Ethics because it implicitly assumes that the virtues of individuals,
including their epistemic virtues, are more self-sufficient than they are likely to be.
Even when conventional Virtue Ethics acknowledges the importance of epistemic
virtues or the epistemic dimension of the moral virtues, it does not take into account
the fact that the well-functioning of the virtues can either be impaired or facilitated
by the epistemic virtues or vices of the institutions and social practices that help shape
the individual’s beliefs.
If my analysis is cogent so far, then it should be clear why the dominant methodology
of conventional Practical Ethics is deficient and it should be equally clear why this
deficiency impoverishes the contribution that Practical Ethics can make to sound
public policy. Practitioners of CPE typically try to identify sound moral principles
by pumping intuitions about hypothetical cases that have been suitably simplified to
isolate a particular moral variable; then they recommend policies that would be in
accordance with the moral principles thus developed. More sophisticated practitioners
acknowledge that the direct implementation of moral principles developed in this way
may not be advisable or feasible, appealing to the importance of distinguishing between
ideal and nonideal theory. One obvious problem with this methodology, even in its
more sophisticated form, is that it takes no heed of the fact that having the right moral
principles is sometimes not enough. As several of the cases of the subversion of morality
sketched above indicate, people whose moral principles are unexceptionable can do
horrific things in the name of those very principles.
Given the adeptness of some people in exploiting the moral powers of others through
manipulating their factual beliefs, CPE’s near exclusive emphasis on identifying sound
moral principles greatly constrains its potential contribution to the Negative Task of
Practical Ethics, the endeavour to reduce the incidence of the most grievously wrong
behaviour. Identifying the correct moral principles is, of course, of vital importance,
but given the capacity for subversion of the moral powers, much more is needed.
Practical ethicists should focus more on the ethics of believing, and develop a more
sophisticated conception of the moral and epistemic virtues of individuals and of
institutions, one that includes what I have referred to as protective meta-virtues, whose
function it is to guard us against the more frequent and predictable subversions
of morality, including those subversions that are facilitated by the processes of belief-
formation that our social institutions and practices foster.
Another, equally fundamental change in the way in which practical ethicists conceive
of their contribution to public policy deliberations is needed. In evaluating policy
options, we need to consider the unintended epistemic effects of institutional change,
not just the likelihood that they will achieve their stated goals. We should also entertain the
possibility of policy initiatives that are calculated to improve the epistemic performance
of our institutions. This would mean, among other things, challenging the liberal slogan
that it is not the business of government to foster virtue. Unless social policy helps to
foster the protective meta-virtues of individuals and the epistemic virtues of social
institutions, the practical ethicist’s well-argued recommendations for public policy
grounded in sound moral principles will be of limited value.
Allen Buchanan, Department of Philosophy 201 West Duke Building, Box 90743, Durham,
NC 27708, USA. allenb@duke.edu
NOTES
1 For a discussion of the ideological character of the President’s Council, see Alta Charo, ‘The endarkenment’
in L. Eckenweiler & F. G. Cohn (eds.) The Ethics of Bioethics (Baltimore: Johns Hopkins University Press,
2007). For criticisms of some of the President’s Council’s reasoning in its reports, see Allen Buchanan,
‘Enhancement and the Ethics of Development’, Kennedy Institute of Ethics Journal 18 (2008): 1–34 and
‘Human Nature and Enhancement’, Bioethics 23 (2009): 141–150.
2 In his response to the version of this paper presented at the British Academy workshop, Alan Carter rightly
pointed out that I failed to emphasize the important contributions of philosophers such as Singer to the
reform of public policy concerning the treatment of nonhuman animals.
3 It is an interesting question as to whether feminist academic philosophers, as opposed to feminist
philosophers in the broader sense of the term ‘philosopher’ explained below, have had as large an impact
on public policy as academic philosophers like Singer and Glover.
4 For examples, see Jeremy A. Rabkin, Law Without Nations? Why Constitutional Government Requires
Sovereign States (Princeton, NJ: Princeton University Press, 2004); John C. Yoo, ‘Globalization and the
Constitution: Treaties, non-self-execution, and the original understanding’, Fordham law Review 66
(1997): 319–369.
5 Tony Judt, Postwar: A History of Europe Since 1945 (New York: Penguin, 2005), p. 561.
6 Here, again, I am indebted to Alan Carter, whose response to the presentation on which this paper is
based convinced me that I had conveyed too negative a view of the role of philosophers in public policy.
7 The term ‘Practical Ethics’ is typically used to characterize ethical inquiries other than those typical of
meta-ethics and as including normative ethical inquiries that have fairly direct implications for individual
action or public policy.
8 This criterion for the adequacy of Ethics is implicit in Jonathan Glover’s approach in his fine book,
Humanity: A Moral History of the Twentieth Century (London: Jonathan Cape, 1999).
9 For the importance of the appeal to moral duty and moral self-sacrifice of the individual in Nazi ideology,
see Claudia Koontz, The Nazi Conscience (Cambridge, MA: Harvard University Press, 2003). See also the
interview with former SS Major, Karl Wolf, Himmler’s Adjutant, in the episode entitled ‘Genocide’, in
the classic World War II documentary series, The World at War.
10 Ibid., Karl Wolf interview.
11 Koontz op. cit., p. 119.
12 For three decades Michael Walzer’s book Just and Unjust Wars (New York: Basic Books, 1977), was the
dominant contemporary philosophical work on the morality of war. In the last five years a more nuanced
and rigorous literature on the topic has emerged. This new work not only effectively criticizes some of the
most fundamental assumptions of Walzer’s approach, but also develops its own more comprehensive and
systematic accounts. For a valuable new collection of essays that reflect this resurgence of thinking about
the morality of war, see H. Shue & D. Rodin (eds.) Preemption: Military Action and Moral Justification
(Oxford: Oxford University Press, 2008).
13 See Alan Kramer, Dynamic of Destruction: Culture and Mass Killing in the First World War (Oxford: Oxford
University Press, 2007), p. 20.
14 In his response to the earlier version of this paper presented at the British Academy workshop, Neil
Manson noted that the term ‘Applied Ethics’ is sometimes reserved for normative inquiry into hard cases.
It may be that there is a tendency in what I have called CPE to focus exclusively on hard cases. My point is
that doing so comes at considerable cost, if one agrees that the Negative Task is central to Practical Ethics.
15 I am indebted to Alan Carter for calling this point to my attention in his valuable comments on an earlier
draft of this paper.
16 In his insightful comments on an earlier version of this paper, Neil Manson correctly notes that the term
‘transmission’, when applied to beliefs, may betray or encourage a failure to appreciate the holistic nature
of believing and that this mistake may in turn lead to an underestimation of the difficulty of changing
beliefs in such a way as to reduce the incidence of wrongful mass violence.
17 This proposal is neutral on the question of whether some version of Evidentialism is true. There is no
assumption that every belief requires sufficient evidence (either as a matter of epistemic or moral
responsibility); instead, the idea is that we now have sufficient empirical evidence about the role of certain
classes of factual beliefs in the causation of wrongful mass violence that being morally responsible requires
subjecting those beliefs to special scrutiny.
18 For a development of the idea of Social Moral Epistemology, see the following papers. ‘Social moral
epistemology’, Social Philosophy & Policy 19 (2002): 126–52; ‘Political liberalism and social epistemology’,
Philosophy & Public Affairs 32 (2003): 95–130; ‘Social moral epistemology and the role of bioethicists’, in
L. Eckenweiler & F. G. Cohn (eds.) The Ethics of Bioethics (Baltimore: Johns Hopkins University Press,
2007, pp. 288–96; ‘Social moral epistemology and the task of ethics’, in J. McMahan, N. A. Davis & R.
Keshen (eds.) Ethics and Humanity: Themes from the Philosophy of Jonathan Glover (New York: Oxford
University Press, 2009).