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Author information: Kjartan Koch Mikalsen, Norwegian University of Science and Technology, kjartan.mikalsen@ntnu.no.

Mikalsen, Kjartan Koch. “An Ideal Case for Accountability Mechanisms, the Unity of Epistemic and Democratic Concerns, and Skepticism About Moral Expertise.” Social Epistemology Review and Reply Collective 7, no. 1 (2018): 1-5.

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How do we square democracy with pervasive dependency on experts and expert arrangements? This is the basic question of Cathrine Holst and Anders Molander’s article “Public deliberation and the fact of expertise: making experts accountable.” Holst and Molander approach the question as a challenge internal to a democratic political order. Their concern is not whether expert rule might be an alternative to democratic government.

Rather than ask if the existence of expertise raises an “epistocratic challenge” to democracy, they “ask how science could be integrated into politics in a way that is consistent with democratic requirements as well as epistemic standards” (236).[1] Given commitment to a normative conception of deliberative democracy, what qualifies as a legitimate expert arrangement?

Against the backdrop of epistemic asymmetry between experts and laypersons, Holst and Molander present this question as a problem of accountability. When experts play a political role, we need to ensure that they really are experts and that they practice their expert role properly. I believe this is a compelling challenge, not least in view of expert disagreement and contestation. In a context where we lack sufficient knowledge and training to assess directly the reasoning behind contested advice, we face a non-trivial problem of deciding which expert to trust. I also agree that the problem calls for institutional measures.

However, I do not think such measures simply answer to a non-ideal problem related to untrustworthy experts. The need for institutionalized accountability mechanisms runs deeper. Nor am I convinced by the idea that introducing such measures involves balancing “the potential rewards from expertise against potential deliberative costs” (236). Finally, I find it problematic to place moral expertise side-by-side with scientific expertise in the way Holst and Molander do.

Accountability Mechanisms: More than Non-ideal Remedies

To meet the challenge of epistemic asymmetry combined with expert disagreement, Holst and Molander propose three sets of institutional mechanisms for scrutinizing the work of expert bodies (242-43). First, in order to secure compliance with basic epistemic norms, they propose laws and guidelines that specify investigation procedures in some detail, procedures for reviewing expert performance and for excluding experts with a bad record of accomplishment, as well as sanctions against sloppy work.

Second, in order to review expert judgements, they propose checks in the form of fora comprising peers, experts in other fields, bureaucrats and stakeholders, legislators, or the public sphere. Third, in order to assure that expert groups work under good conditions for inquiry and judgment, they propose organizing the work of such groups in a way that fosters cognitive diversity.

According to Holst and Molander, these measures have a remedial function. Their purpose is to counter the misbehavior of non-ideal experts, that is, experts whose behavior and judgements are biased or influenced by private interests. The measures concern unreasonable disagreement rooted in experts’ over-confidence or partiality, as opposed to reasonable disagreement rooted in “burdens of judgement” (Rawls 1993, 54). By targeting objectionable conduct and reasoning, they reduce the risk of fallacies and the “intrusion of non-epistemic interests and preferences” (242). In this way, they increase the trustworthiness of experts.

As I see it, this is to attribute a too limited role to the proposed accountability mechanisms. While they might certainly work in the way Holst and Molander suggest, it is doubtful whether they would be superfluous if all experts were ideal experts without biases or conflicting interests.

Even ideal experts are fallible and have partial perspectives on reality. The ideal expert is not omniscient, but a finite being who perceives the world from a certain perspective, depending on a range of contingent factors, such as training in a particular scientific field, basic theoretical assumptions, methodological ideals, subjective expectations, and so on. The ideal expert is aware that she is fallible and that her own point of view is just one among many others. We might therefore expect that she does not easily become a victim of overconfidence or confirmation bias. Yet, given the unavoidable limits of an individual’s knowledge and intellectual capacity, no expert can know what the world looks like from all other perspectives and no expert can be safe from misjudgments.

Accordingly, subjecting expert judgements to review and organizing diverse expert groups is important no matter how ideal the expert. There seems to be no other way to test the soundness of expert opinions than to check them against the judgements of other experts, other forms of expertise, or the public at large. Similarly, organizing diverse expert groups seems like a sensible way of bringing out all relevant facts about an issue even in the case of ideal experts. We do not have to suspect anyone of bias or pursuance of self-serving interests in order to justify these kinds of institutional measures.

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No Trade-off Between Democratic and Epistemic Concerns

An important aspect of Holst and Molander’s discussion of how to make experts accountable is the idea that we need to balance the epistemic value of expert arrangements against democratic concerns about inclusive deliberation. While they point out that the mechanisms for holding experts to account can democratize expertise in ways that leads to epistemic enrichment, they also warn that inclusion of lay testimony or knowledge “can result in undue and disproportional consideration of arguments that are irrelevant, obviously invalid or fleshed out more precisely in expert contributions” (244).

There is of course always the danger that things go wrong, and that the wrong voices win through. Yet, the question is whether this risk forces us to make trade-offs between epistemic soundness and democratic participation. Holst and Molander quote Stephen Turner (2003, 5) on the supposed dilemma that “something has to give: either the idea of government by generally intelligible discussion, or the idea that there is genuine knowledge that is known to few, but not generally intelligible” (236). To my mind, this formulation rests on an ideal picture of public deliberation that is not only excessively demanding, but also normatively problematic.

It is a mistake to assume that political deliberation cannot include “esoteric” expert knowledge if it is to be inclusive and open to everyone. If democracy is rule by public discussion, then every citizen should have an equal chance to contribute to political deliberation and will-formation, but this is not to say that all aspects of every contribution should be comprehensible to everyone. Integration of expert opinions based on knowledge fully accessible only to a few does not clash with democratic ideals of equal respect and inclusion of all voices.

Because of specialization and differentiation, all experts are laypersons with respect to many areas where others are experts. Disregarding individual variation of minor importance, we are all equals in ignorance, lacking sufficient knowledge and training to assess the relevant evidence in most fields.[2] Besides, and more fundamentally, deferring to expert advice in a political context does not imply some form of political status hierarchy between persons.

To acknowledge expert judgments as authoritative in an epistemic sense is simply to acknowledge that there is evidence supporting certain views, and that this evidence is accessible to everyone who has time and skill to investigate the matter. For this reason, it is unclear how the observation that political expert arrangements do not always harmonize with democratic ideals warrants talk of a need for trade-offs or a balancing of diverging concerns. In principle, there seems to be no reason why there has to be divergence between epistemic and democratic concerns.

To put the point even sharper, I would like to suggest that allowing alleged democratic concerns to trump sound expert advice is democratic in name only. With Jacob Weinrib (2016, 57-65), I consider democratic law making as essential to a just legal system because all non-democratic forms of legislation are defective arrangements that arbitrarily exclude someone from contributing to the enactment of the laws that regulate their interaction with others. Yet, an inclusive legislative procedure that disregards the best available reasons is hardly a case of democratic self-legislation.

It is more like raving blind drunk. Legislators that ignore state-of-the-art knowledge are not only deeply irrational, but also disrespectful of those bound by the laws that they enact. Need I mention the climate crisis? Understanding democracy as a process of discursive rationalization (Habermas 1996), the question is not what trade-offs we have to make, but how inclusive legislative procedures can be made sufficiently truth sensitive (Christiano 2012). We can only approximate a defensible democratic order by making democratic and epistemic concerns pull in the same direction.

Moral vs Scientific and Technical Expertise

Before introducing the accountability problem, Holst and Molander consider two ideal objections against giving experts an important political role: ‘(1) that one cannot know decisively who the knowers or experts are’ and ‘(2) that all political decisions have moral dimensions and that there is no moral expertise’ (237). They reject both objections. With respect to (1), they convincingly argue that there are indirect ways of identifying experts without oneself being an expert. With respect to (2), they pursue two strategies.

First, they argue that even if facts and values are intertwined in policy-making, descriptive and normative aspects of an issue are still distinguishable. Second, they argue that unless strong moral non-cognitivism is correct, it is possible to speak of moral expertise in the form of ‘competence to state and clarify moral questions and to provide justified answers’ (241). To my mind, the first of these two strategies is promising, whereas the second seems to play down important differences between distinct forms of expertise.

There are of course various types of democratic expert arrangements. Sometimes experts are embedded in public bodies making collectively binding decisions. At other occasions, experts serve an advisory function. Holst and Molander tend to use “expertise” and “expert” as unspecified, generic terms, and they refer to both categories side-by-side (235, 237). However, by framing their argument as an argument concerning epistemic asymmetry and the novice/expert-problem, they indicate that they have in mind moral experts in advisory capacities and as someone in possession of insights known to a few, yet of importance for political decision-making.

I agree that some people are better informed about moral theory and more skilled in moral argumentation than others are, but such expertise still seems different in kind from technical expertise or expertise within empirical sciences. Although moral experts, like other experts, provide action-guiding advice, their public role is not analogous to the public role of technical or scientific experts.

For the public, the value of scientific and technical expertise lies in information about empirical restraints and the (lack of) effectiveness of alternative solutions to problems. If someone is an expert in good standing within a certain field, then it is reasonable to regard her claims related to this field as authoritative, and to consider them when making political decisions. As argued in the previous section, it would be disrespectful and contrary to basic democratic norms to ignore or bracket such claims, even if one does not fully grasp the evidence and reasoning supporting them.

Things look quite different when it comes to moral expertise. While there can be good reasons for paying attention to what specialists in moral theory and practical reasoning have to say, we rarely, if ever, accept their claims about justified norms, values and ends as authoritative or valid without considering the reasoning supporting the claims, and rightly so. Unlike Holst and Molander, I do not think we should accept the arguments of moral experts as defined here simply based on indirect evidence that they are trustworthy (cf. 241).

For one thing, the value of moral expertise seems to lie in the practical reasoning itself just as much as in the moral ideals underpinned by reasons. An important part of what the moral expert has to offer is thoroughly worked out arguments worth considering before making a decision on an issue. However, an argument is not something we can take at face value, because an argument is of value to us only insofar as we think it through ourselves. Moreover, the appeal to moral cognitivism is of limited value for elevating someone to the status of moral expert. Even if we might reach agreement on basic principles to govern society, there will still be reasonable disagreement as to how we should translate the principles into general rules and how we should apply the rules to particular cases.

Accordingly, we should not expect acceptance of the conclusions of moral experts in the same way we should expect acceptance of the conclusions of scientific and technical expertise. To the contrary, we should scrutinize such conclusions critically and try to make up our own mind. This is, after all, more in line with the enlightenment motto at the core of modern democracy, understood as government by discussion: “Have courage to make use of your own understanding!” (Kant 1996 [1784], 17).

Contact details: kjartan.mikalsen@ntnu.no

References

Christiano, Thomas. “Rational Deliberation among Experts and Citizens.” In Deliberative Systems: Deliberative Democracy at the Large Scale, ed. John Parkinson and Jane Mansbridge. Cambridge: Cambridge University Press, 2012.

Habermas, Jürgen. Between Facts and Norms.

Holst, Cathrine, and Anders Molander. “Public deliberation and the fact of expertise: making experts accountable.” Social Epistemology 31, no. 3 (2017): 235-250.

Kant, Immanuel. Practical Philosophy, ed. Mary Gregor. Cambridge: Cambridge University Press, 1996.

Kant, Immanuel. Anthropology, History, and Edcucation, ed. Günther Zöller and Robert B. Louden. Cambridge: Cambridge University Press, 2007.

Rawls, John. Political Liberalism. New York: Columbia University Press, 1993.

Turner, Stephen. Liberal Democracy 3.0: Civil Society in an Age of Experts. London: Sage Publications Ltd, 2003.

Weinrib, Jacob. Dimensions of Dignity. Cambridge: Cambridge University Press, 2016.

[1] All bracketed numbers without reference to author in the main text refer to Holst and Molander (2017).

[2] This also seems to be Kant’s point when he writes that human predispositions for the use of reason “develop completely only in the species, but not in the individual” (2007 [1784], 109).

Author Information: Adam Riggio, Anderson College, serrc.digital@gmail.com

Riggio, Adam. “The Complexity of Rights, Claims, and Social Reality.” Social Epistemology Review and Reply Collective 6, no. 12 (2017): 17-24.

The pdf of the article refers to specific page numbers. Shortlink: https://wp.me/p1Bfg0-3Rk

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Image from Surian Soosay, Flickr / Creative Commons

 

I have not often thrown myself into the ring of a long-running chain of replies that began in Social Epistemology. My own research specialties fit into the conceptual boundaries of social epistemology – the social and cultural aspects of knowledge production are central to my work – but not always in its disciplinary boundaries. As such, the specific literature from which a debate flows will not be familiar enough to me that I could add something genuinely valuable to a conversation.

That said, on seeing the exchange between J. Angelo Corlett and Gregory Lobo reignite, I realized that I could contribute a worthwhile comment. At least, I hope it will be worthwhile. My reply will have two steps. First, I wish to indicate the limits of the field of Corlett and Lobo’s debate. What social phenomena would their ontologies best describe?

In the recent exchange earlier this year, their most obvious difference was the most important for philosophers: over the proper domain to put these ideas into practice. After that comes the most critically-minded element of my reply, asking whether the concepts that Corlett and Lobo have discussed in their exchange can be put to practical use on their own. If not, what additional concepts or ideas would their social ontologies need to be put to work, as all political and moral philosophies must ultimately do.

What Is Society Made Of?

A social ontology is a philosophical account of what are the component constituents of social and political institutions and objects. Examples of institutions are governments, international treaties, and courts. Examples of objects are moral and ethical principles, and most importantly for the current essay, human rights. Working with these examples as the central models for our understanding of what social ontology is and is for, one can see the explanatory purposes of any particular social ontology. Such purpose is, regarding institutions, understanding how they appear and what powers they manifest in everyday human life. Regarding objects, such purpose is understanding what they actually are, how they exist in a fundamental form.

It is relatively easy to understand the existence of our institutions because we can visit courts and parliaments, watch summits and international meetings on television, read the texts of treaties. The ontological challenge regarding institutions is understanding their power over people. What enables the recognition of a law court, for example, as an authority over those people falling under what its rules define as its jurisdiction. Whether an institution like a court is something to which you owe your fealty or your defiance, a social ontology would identify what aspects or components of that court would prompt strong attitudes, what would make indifference to it impossible.

The matter of objects is more challenging for a simple empirical reason. Institutions are themselves obviously material – I can walk into the Supreme Court of my country Canada, tour the facilities, read its judgments, meet the judges. However, while I can read human rights laws and declarations, listen to speeches and discussions about human rights, and study philosophical and theoretical texts about human rights, I cannot perceive the right itself. As an object of social ontology, a human right does not itself inhere in any particular matter. It can be discussed and understood, but never perceived.

None of these challenges are at all challenging from any perspective except for the one I would call reductive materialist. To be a materialist is to believe that all of reality is ultimately constituted from particles and fields of force, or perhaps only fields of force. Very generally speaking, this is what you could call me. Where a materialist differs specifically from a reductive materialist is that a person who deserves the latter description puts strict limits on the creative power of emergent processes, what systems can develop from dynamic relations among components, and how different those new systems can be from their components. A materialist need never be so harsh as to doubt, suspect, or oppose the power or existence of emergent processes, though some are.

The Emergence of Human Society, Morality, Rights, and Life

When developing an ontology of the social, the amount of creation by emergence you are willing to accept or tolerate is directly related to how many difficulties your philosophical investigation will encounter, and how intense those difficulties are. If emergence processes give you no serious concern other than to observe and understand how they work, then your investigation will discover and construct an ontology of the social with little stress or consternation. For those who, for whatever reasons, are doubtful or suspicious of emergence, their conceptual struggles will receive no sympathy or pity from me. It does not suit to make life or philosophy more difficult than it needs to be, because it will keep you from finding the truths you want to discover.

A better question to ask when developing the fundamental principles of a social ontology is what physical processes produce social objects and institutions as emergent properties. On the face of it, this would appear to be a very different question than the matter at the centre of Corlett and Lobo’s exchange. Their essays revolve around how to identify and what could be that which facilitates the recognition of others’ human rights.

Another way to phrase that question is to ask what it takes for someone to qualify as human, and so deserving of rights. The object of their inquiries is the same as that explored by Hannah Arendt and Seyla Benhabib in their pioneering works in human rights theory, what constitutes a person’s right to claim rights. Human rights theory is a discourse grounded in the moral and political domain of philosophical thinking. So building a social ontology of human rights requires identifying a process through which moral discourses and imperatives emerge from the physical.

Where you look for these processes depends on your ontological comfort level with emergence. If you give yourself a philosophical imperative to minimize the productive power of emergence in your ontology, you will look for the shortest conceivable path from the physical, assemblages of particles and fields of force, to human rights themselves. An institutional view on the ontology of human rights, speaking very broadly, takes them to be constituted through laws and organizations that codify and uphold law. Examples include international treaties like UDHR or UNDRIP, the International Criminal Court, and the different domestic legislatures, state constitutions, and police forces that codify and enforce human rights through their laws.

Yet this need not be sufficient, since human rights in themselves do not appear in these institutions. They are the objects of discussion in all these laws, treaties, arguments, and rules, but they are present only in the intentions of the actors involved, legislators, lawyers, police, judges, and so on.

The Power of Intentionality

This is why group and individual intentions can function well as a foundation for a social ontology of human rights. Human rights, along with all the other objects and institutions of social existence, would emerge from a common substrate of individual and group intentions and intentionality. Such is the legacy of John Searle’s social ontology of intentionality.

Lobo was correct to identify that Searle made an important observation about the importance of intentional stances in constituting a society where respect for any particular set of human rights (or even just its possibility condition, the right to claim rights and have those claims discussed fairly) is a universal, or at least a widespread belief. As Lobo put it in one of his recent articles at the Reply Collective, human rights only become effective in a society’s political morality when individuals and groups within that society form the intentions to recognize rights and rights claims.

The epistemology of such a notion is particularly interesting, coming from Searle, given his home sub-discipline of philosophy where rational argument is so highly prized in professional discourse. It is to Searle’s credit that he has arrived at the conclusion that rational argument alone is not enough to compel recognition of a human rights claim. This is the point Lobo eloquently makes with his description of the story of Mr. Saifullah, a Rohingya refugee from ethnic cleansing in Myanmar, living as an illegal alien in Pakistan.

A human rights claimant like Saifullah does not make demands on the people and legal institutions to recognize his rights claims as legitimate. He must supplicate himself to the authorities of various state and legal institutions around the world for them to recognize his rights. A rational argument in favour of his having rights will not be enough to justify his receiving them, no matter the logical validity of his argument or the truth of his argument’s premises.

You Need to Recognize

Recognition is a matter of intention. I, or preferably for Saifullah someone whose institutional office has the material power to help him, must have an intentional attitude toward him that recognizes his right to claim rights. At the moment of his interview, no one with such material power such as Myanmar’s government or Pakistan’s immigration authority had such an attitude. No one in a position to give him citizenship rights or even material aid recognized Saifullah as a legal immigrant or a refugee.

The intentional stance that those with material power over Saifullah take toward him is as an illegal alien; given such intentions, his claims are not recognized. If his claims for rights are not recognized, then neither is his humanity. He is ejected not only from the communities of Pakistanis or Burmese, but the community of humanity itself. I remain skeptical that an ontology of society that centres on group intentionality alone can understand the nature of this recognition and its refusal, for reasons that will become clear through the rest of this essay.

Despite Lobo’s intentions to defend Searle’s account of intentionality as the bedrock of the recognition of human rights, the account still comes up empty. Just as there is nothing about a rational argument that compels our accord, there is nothing about a rights claim, no matter how wretched the condition of the claimant, that compels an intentional stance of recognition. The case of Saifullah and the millions upon millions others like him in global human civilization and history demonstrates that a social ontology of individual and group intentionality alone is insufficient to ground human rights as a true universal.

Saifullah’s intentional attitude of claiming his rights cannot compel Pakistani government officials, Myanmar President Htin Kyaw, or State Counsellor Aung San Suu Kyi to change their intentional attitudes towards him to recognize his claims as legitimate. No matter the pleas of victims, their group intentionality of claiming human rights cannot compel their enemies to change their own group intentionality of destroying them.

The screams and pleas of his victims in the fields of Srebrenica did not change Ratko Mladic’s intentional attitudes toward them, just as his conviction on genocide charges did not change the group intentionality of the communities who continue to venerate Mladic, Radovan Karadzic, Slobodan Milosevic, and the wider Serbian nationalist movement. The same goes for all genocidaires and mass murderers throughout human history.

The Limits of Intentionality as an Ontological Foundation

This entire discussion, stretching back to mid-2016 on the Reply Collective, of the relationship between a social ontology of group intentionality and human rights, began with a discussion in review of Raimo Tuomela’s book Social Ontology. At first, Tuomela and Searle are quite successful in building a social ontology to understand the powers of group intentionality to shape larger social and institutional structures. However, I consider Tuomela’s project ultimately superior to Searle’s approach for a reason that could best be described as Tuomela’s humility. Tuomela frames his inquiry as an investigation of how group intentionality fits into a more complex ontology of the social. Social existence, as Tuomela describes it, is a complex phenomenon that includes group intentionality as one important constituent.

Searle’s social ontology is simultaneously more reductive and less humble than Tuomela’s, despite the American’s relative fame and prestige. One cannot understand human rights ontologically without understanding how the dynamics of group intentionality can encourage or discourage the recognition of a particular person’s or community’s claim to some human right or rights. But group and individual intentionality is not sufficient for a complete understanding of the existence of all social structures, including institutions like governments and laws, as well as social objects like rights and community beliefs about morality. Tuomela recognizes this insufficiency from the start of his book, and limits the scope of his inquiry accordingly.

Searle, however, takes group intentionality to be entirely sufficient for the bedrock of an ontology of the social, kneecapping his investigation from the first step. The roots of this error, as well as his inability to recognize this error in his reasoning, lie in the core principles by which Searle has guided his career and work as a philosopher for decades. The sociologist Neil Gross published a scathing and insightful critique of Searle’s late-career turn to social and political theory, which explains these profound errors in very digestible and clear terms.

Gross’ critique of Searle begins with a simple observation. When Searle’s first major book on social theory, The Construction of Social Reality, appeared, one of the first and most common critical comments it received from the sociological community was that his theories were very similar to those of Émile Durkheim. Essentially, the sociological community received Searle’s work as achieving the same insights as Durkheim did, but with a theoretical vocabulary better suited to the approaches of North American analytic philosophy, Searle’s own intellectual milieu.

Catching Up to History

Durkheim was one of the major founding theorists and researchers of the modern discipline of sociology, but this critique was not complimentary to Searle or his theory. Durkheim is historically important to contemporary social theory, but theoretically and philosophically, he has been utterly surpassed. Durkheim and Searle articulate an entirely reductive materialist approach to the ontology of the social, rooting social processes in individual, group, and community psychology.

Durkheim’s priorities in doing so were shaped by his historical context. He had an imperative to convince a skeptical intellectual establishment that sociology could be a science at all, so had to shape his theories to the extremely reductive ontological presuppositions of the scientific community in the late 19th and early 20th centuries. Searle, however, admitted that he did not bother to research any of this history in any great detail when he was first developing his ontology of the social. Searle’s response to his first critics in this regard was that colleagues more familiar with the history of social theory pointed him to Durkheim as a possible forerunner of his ideas, but he explored little of this older work, having found Durkheim’s writing style difficult and obscure.

Gross explains that the features of Durkheim’s style which a contemporary American researcher would find difficult are rooted in the historical context of the time. So familiarity with his intellectual community’s nature and priorities would help someone understand his concepts, and why he wrote as he did. Searle instead dismissed Durkheim as too obscure, and possibly obscurantist, so ignored him as he developed his own theory.

However, if Searle has progressed his theory’s sophistication beyond that of Durkheim, this does not mean that his work is especially relevant to contemporary social thinking. Understanding that attitudes of mutual recognition is the foundation of inclusion in human community and the validity of human rights claims merely means that Searle has caught up to the insights of Max Weber and Karl Marx. If you want to be especially mean-spirited, you could say that Searle has only just caught up to Hegel. An enormous, complex, and vibrant tradition of theoretical development and empirical research that has continued for more than a century and is still living goes largely unremarked in Searle’s recent social and political theory. So the last task of this essay is understand why.

You Need to Recognize (Slight Return)

Understanding why Searle dismisses such a massive and complex heritage in 21st century social and human rights theory shows how inadequate conceptions of group intentionality are for a genuinely comprehensive ontology of the social. The theoretical machinery and toolboxes that Searle ignores, as Gross made clear in his remarks on Searle’s general ontology of the social, are those rooted in hermeneutic and structuralist philosophy.

Sociology as a science was able to move beyond the reductive materialism of Durkheim and the destructive influence of behaviourist psychology by folding into its practice and theory core ideas from hermeneutics as well as the structuralist and post-structuralist lines of descent. These theoretical approaches understand the common beliefs of groups and cultures as more than shared intentions. They describe how social institutions, structures, and objects, as well as cultural mores, mythic narratives, and historical consciousness come to exist as emergence from more straightforward group, community, and economic dynamics.

Emergence, whether of specific properties of a system or of wholly new bodies and systems themselves, is a material process, as material as fundamental particles and fields of force, as material as group and individual intentionality through purposive action in the world. Emergent systems, bodies, and properties are real because their constituents are the relations among their components, the dynamic fluctuations of these relationships.

The interaction of complex activities constitute wholly new bodies and processes at macroscopic scales to those component dynamics. Emergence as described is an essential concept in sociology, but also in what the common expression calls hard sciences such as cell biology. In cellular biology, the structures and constituent processes of the cell emerge from metabolic and protein chemistry. Once constituting a cellular system, the system as a whole becomes capable of activities and processes that are impossible for those component processes and elements alone. As well, the systematic processes of the cell affect the activities of their components as individuals.

In sociology, all the complex objects and institutions of culture emerge from individual and group actions and communications. Cultural systems are capable of activities and processes that are impossible for those constituents, such as identity creation processes based on tacit knowledge and habit, influenced by the structures and content of communications media, social institutions, and socialization processes. These cultural processes then influence and affect their components, a complex feedback process that is irreducible to the psychological or intentional attitudes of individual people.

Being emergent and producing such detailed feedback mechanisms to their components, their activities cannot be reduced to those of their components. They begin instead through the relations among components of the system. One may be tempted, in the name of simplifying theory, to reduce these emergent processes and systems to the activities of their components. But such a simple theory is not adequate to the real complexity of a world that includes processes that emerge from dynamic relations.

Willful

Searle’s social ontology attempts to build the entire social world from aggregates of individual and group intentions. Such an ontology avoids the differences in kind that arise in systems of dynamic relationships among components. Searle has created an ontology of the social that need rely on no emergent processes, an ontology of the social that pushes aside almost all of modern social theory, social theory that is based on principles of emergence. The component processes and dynamics of those emergence that are peculiarly social were all described in sub-disciplines that developed from or in dialogue with hermeneutic and structuralist theory.

Searle, since his famous confrontation with Jacques Derrida, has dismissed these cultural fields of study and theory as empty charlatanism. The fact often goes unspoken, but to understand why Searle built such a reductionist social ontology in his 21st century work, it should at least be considered a contributing factor. Searle’s influence in much of North American philosophy during the 1970s and 1980s lent his dismissive attitude an undue weight and contributed to marginalizing the core concepts of the cultural studies fields away from disciplines and departments where his prestige was waxing.

Yet the disciplines of knowledge of which Searle encouraged a continent-wide exorcism supplied all the key concepts and theories needed to understand emergent cultural processes. By dismissing such theories, Searle closed off his own philosophical thinking from the concepts that have become the bedrock of the last century of social theory, whether from cultural, political, media and communications, or sociological disciplines. Tuomela’s ontology of group intentions, where this long dialogue began, was sufficiently humble and open-minded that it had always been pitched as being about a particular component of the social.

Searle, refusing after decades to grant any validity to the fields he once dismissed, has crafted a theory of the same phenomena, but which is hobbled by its hubris in attempting a theoretical task for which it is inadequate. If the theory turns out to be inadequate, any practice flowing from such a theory will sadly be so as well.

Contact details: serrc.digital@gmail.com

References

Corlett, J. Angelo. “More on Searle on Human Rights.” Social Epistemology Review and Reply Collective 6, no. 10 (2017): 15-36.

Corlett, J. Angelo. “On Searle on Human Rights, Again!” Social Epistemology Review and Reply Collective 5, no. 5 (2016): 41-46.

Corlett, J. Angelo. “Searle on Human Rights.” Social Epistemology 30, no. 4 (2016): 440-463.

Corlett, J. Angelo, and Julia Lyons Strobel. “Raimo Tuomela’s Social Ontology.” Social Epistemology 31, no. 6 (2017): 557-571.

D’Amico, Robert. “Reply to Corlett’s ‘Searle on Human Rights’.” Social Epistemology Review and Reply Collective 5, no. 5 (2016): 30-36.

Gross, Neil. “Comment on Searle.” Anthropological Theory 6, no. 1. (2006): 45-56.

Lobo, Gregory J. “Back to Basics: Straw Men, Status Functions, and Human Rights.” Social Epistemology Review and Reply Collective 6, no. 11 (2017): 6-19.

Lobo, Gregory J. “Reason, Morality and Recognition: On Searle’s Theory of Human Rights.” Social Epistemology Review and Reply Collective 6, no. 9 (2017): 22-28.

Morowitz, Harold J. The Emergence of Everything. Oxford: Oxford University Press, 2002.

Searle, John. The Construction of Social Reality. New York: Free Press, 1995.

Tuomela, Raimo. Social Ontology: Collective Intentionality and Group Agents. Oxford: Oxford University Press, 2013.

Tuomela, Raimo. “The Limits of Groups: An Author Replies.” Social Epistemology Review and Reply Collective 6, no. 11 (2017): 28-33.

Author Information: Gregory Lobo, Universidad de los Andes, Bogotá, Colombia, globo@uniandes.edu.co

Lobo, Gregory J. “Back to Basics: Straw Men, Status Functions, and Human Rights.” Social Epistemology Review and Reply Collective 6, no. 11 (2017): 6-19.

The pdf of the article gives specific page numbers. Shortlink: https://wp.me/p1Bfg0-3Qk

Please refer to:

Image by United To End Genocide, via Flickr

 

“They won’t let me be a citizen, because then they have to give me rights and they won’t call me a refugee because then they have to give me aid,” said Mr. Saifullah. “I am not a citizen or a refugee. I am an illegal alien. I am nothing.”[1]

While Mr. Saifullah, quite tragically, gets it, Professor Corlett, sadly, does not. This brief essay is an attempt to help Professor Corlett “get it,” to understand why status functions are important for understanding human rights. Along the way some basic misunderstandings regarding the substance and purpose of John Searle’s reflections on how his social ontology might shed light on discussions of human rights will be clarified. These misunderstandings are evident in Corlett (2016),[2] henceforth simply 2016, and were initially addressed in a scant seven pages by Lobo (2017),[3] henceforth Lobo.[4] In reaction to Lobo’s seven pages, Professor Corlett produced a 22 page response,[5] henceforth 2017, rejecting Lobo’s clarifications and reaffirming his original conclusions as found in 2016.

In the first part of what follows, Corlett’s principal objection to Searle’s thinking will be re-presented. As in Lobo, it will be shown once more that the objection is unfounded, by comparing relevant textual citations from 2016 and 2017 with textual citations from Searle (2010)[6] and Searle (2011).[7] In the second part, the purpose of Searle’s intervention into the field of human rights thinking will be clarified. This will reveal that Corlett’s objections — even if they were not baseless — are in any event not germane.

Finally, what is claimed in Lobo to be Searle’s major contribution to human rights thinking, based on the concept of the status function, will be discussed. In 2017 Corlett mishandled (that is, treated without due care) Lobo’s representation (paraphrase) of what he, Lobo, understands to be Searle’s major contribution to the discussion.[8] It is possible that it is this error by Corlett that led to him dismissing said contribution in 2017 as entirely unoriginal. The discussion will clarify both the substance of Searle’s actual contribution and its originality.

Errors and Corrections

Fundamentally, Corlett errs in his characterization of Searle’s thinking on human rights. Among his initial errors is this: “Searle’s conception of human rights is purely institutional, e.g. he believes that such rights are products only of social construction.”[9] Corlett’s related but more principal concern would seem to be that Searle’s thinking on human rights “is not completely justified”[10] because Searle does not address the issue of what Corlett refers to as the “essential moral properties” of such rights. The best explication to found in Corlett of what this might mean is this: a human right “finds at least part of its grounding in morality.”[11] It is appropriate to ask, what is meant by morality? “By ‘morality,’ it is meant that such rights have moral foundations in an objective sense.”[12]

If the reader is less that satisfied with this tautology, so be it: Corlett offers nothing further. Of more concern, perhaps, is that based on Corlett (2016 and 2017) everything indicates that the guarantor of objectivity, and thus morality (and of the objectivity of objectivity and the morality of morality), would seem to be none other than the “tradition” or the “leading philosophers of human rights.” This, of course, should not worry the reader in any way at all. It is important to point out that Corlett re-words this moral concern of his towards the conclusion of 2016, criticizing Searle’s thinking, both in general and on human rights specifically, for lacking what he refers to as a “morally normative” component or element,[13] for which a non-tautological explication is never offered.

Now, to support this characterization of Searle’s thinking, Corlett quotes from Searle (2011), an article in which Searle is replying to some of the critics of his 2010 work. Having characterized Searle’s conception of human rights as “purely institutional” and “social construction[ist],” and complained that Searle’s thinking “does not even address” questions of morality in relation to human rights, Corlett seeks to give credence to this characterization by quoting Searle, thusly: “‘[o]n my [Searle is using the first person] account all rights are status functions and thus human creations. We do not discover human rights in nature as we discover human chromosomes. But if human rights are created by human beings, then what rationally compelling justification can we give for the creation of universal human rights?’ (Searle 2011, pp. 139–140).”[14]

Here it is relevant to ask, if Corlett is going to quote Searle asking what rationally compelling justification can be given for the creation of universal human rights, why does Corlett not let Searle answer? For Searle does answer the question Corlett quotes. But Corlett passes over Searle’s answer, as if it does not exist.

Instead of allowing Searle his answer (quoting it), Corlett immediately interjects a non sequitur: “In Searle’s terms, then, human rights are epistemically subjective rather than objective.”[15] Now, this is a non sequitur insofar as it has nothing to do with the question Searle poses; however, it is anything but a non sequitur for Corlett’s purposes. For by interjecting so, Corlett is clearly seeking to hang Searle on what Corlett sees as the problematic inferences one can make when reading Searle’s question in the absence of an answer.

Corlett, it appears, seems to want the reader to imagine that Searle is posing a rhetorical question, out of exasperation, to which everyone already knows the answer. Through his presentation of Searle’s question, absent Searle’s answer, it looks like Corlett is suggesting that in asking the question, “what rationally compelling justification can we give for the creation of universal human rights?”, Searle is implying that we really can’t give a rationally compelling justification for them at all. This would mean that we are left only with institutions and social construction — or what Corlett sums up as the “epistemically subjective”.

But Corlett is being dishonest.[16] For Searle does answer; his question is not born of exasperation, and it is certainly not rhetorical.[17] And his answer, as much as his question — which is about universal human rights and their justification — shows that Searle seeks, in fact, to ground human rights in moral foundations, even as he continues to understand human rights, indeed all rights, as the result of human creativity.

The Meaning of the Question

Still, before turning to Searle’s answer, it is worth considering further the implications of Searle’s question, especially with respect to Corlett’s accusation that Searle’s thinking lacks considerations of the morally normative. Searle asks about legitimacy in the creation of universal human rights. But for a right to be universal it would have to be, ipso facto, normative, morally so, ethically so, and it would have to be so normative for everyone — for it is universal. In other words, a universal human right is, by definition, always already morally normative, and Corlett’s principal complaint against Searle’s thinking, that it lacks consideration of the morally normative because it is purely institutional, collapses.

That being the case, it is still worth pondering the implications of Searle’s answer to the question he poses. Recall that Searle is asking after a rationally compelling justification for the creation of universal human rights. He immediately responds: “I offer a justification, but if I am right it limits the scope of human rights.”[18] How could this be so; how could his thinking contemplate limits (which again, suggests normativity)? For on Corlett’s reading, Searle’s “purely institutional”, “social construction[ist]” understanding of human rights amounts to a “madness” which does nothing less than pave the way to outrages like white supremacy and slave ownership.[19] On Corlett’s reading, Searle’s thinking allows any old anybody to dream up any whimsy that strikes their fancy and call it a human right. In 2016 Corlett, as is being evidenced, understands Searle poorly and thus his reading is completely wrong (not only plausibly wrong but, to repeat, completely wrong); but in 2017, after Lobo, Corlett still manages to somehow remain refractory to evidence that annuls his thesis.

Here is, finally, how Searle answers the question he posed: “A right is legitimately created only if it can rationally be justified by a correct conception of human nature, a set of values about human beings, and can rationally impose an obligation on all human beings to respect it.”[20] In insisting that the rights in question have to be rationally imposable on all, Searle is insisting on something that is equivalent to an insistence on moral normativity and universality. Corlett missed these words. One could argue that he had to miss them, for they incontrovertibly refute all elements of his thesis. Or it could be allowed, charitably, that in 2016 he missed these words due to the pressures of working to deadline, and the employment of the quite fallible strategy of selective reading, which has claimed many more and much greater heads than his.

What is perhaps quite unforgivable however, is Corlett’s reaction when confronted by these words of Searle in Lobo. In 2017, having had the chance to contemplate both the existence of these words, and the damage they quite clearly do to his thesis, Corlett responds in the following manner: he concedes that this “is the closest published statement by Searle of which I [Corlett] am aware that on the surface appears to align his view of human rights with the conception of human rights as moral ones which I attribute to the contemporary human rights tradition.”[21] But his concern, the reader will recall, is that Searle is a pure institutionalist, a “mad”[22] social constructionist, whose work “lacks an essentially morally normative component.”[23] The quotation, one among many (see Lobo for more), confirms that Corlett’s concerns are groundless. So now the less charitable conclusion must be drawn: Corlett is purposefully ignoring the evidence before his eyes.

How Do You Justify?

Look at his initial response: “on the surface,” he insists, superficially, this quotation seems to successfully indicate that Corlett has misjudged Searle. But only there, on the surface. “However, the statement does not quite succeed in doing so,”[24] Corlett continues, in an attempt to regain his footing. This is to be expected, for the reader will recall, Corlett’s standard is “complete justification.”[25] According to such logic, not quite succeeding amounts to nothing less than unmitigated failure. But in what way is the statement not quite successful? How will Corlett justify his use of the mitigating locution, “on the surface”?

As follows: “according to the conception of human rights which I articulate but do not endorse in Corlett (2016) and herein, being rationally justified by a correct conception of human nature is not a jointly sufficient condition of a human right, though it might be relevant to the issue of human rights possession (i.e., of who qualifies in having a human right).”[26] This “justification” is left without further comment. Corlett seems to think it is meaningful. The reader should decide for herself, but it is here deemed — further commentary notwithstanding — twaddle.

From the ridiculous to the sublime: what Corlett does next in his attempt to annul the overwhelming evidence that he has, as they say, constructed a straw man, a straw Searle, against whom to aim his arrows, is nothing less than extraordinary. He extends his attempt to undercut the pertinence Searle’s wholly unobjectionable observation that a “right is legitimately created only if it can rationally be justified by a correct conception of human nature,” by introducing into argument the following, equally unobjectionable, truism: “That something is rationally justified can be a subjective or relative matter.”[27] This is extraordinary — in this context — because Searle is careful to make this consideration central to his thinking.

In his discussion of human rights he very clearly says:  “I can at least argue for my conception of what I think is valuable in human life.”[28] In other words, and in the same sense, he can certainly argue (as can Corlett) for what he thinks should be morally normative. But as Searle immediately observes: “such arguments, as is typical in ethics, are not demonstrative, in the sense that any rational [and, it might well be added, reasonable] person is bound to accept them on pain of irrationality [or unreasonableness].”[29] Searle concludes this thought with an idea that should interest Corlett, for it speaks directly to the latter’s concerns: “But from the fact that they [the arguments] have an element of epistemic subjectivity, it does not follow that they are arbitrary or beyond the scope of argument”.[30]

It would seem there is little more to be said on this topic, for anyone who understands, at least roughly, how language works, knows that it is possible to say equivalent things without using identical words. Thus it is no stretch whatsoever to conclude on the basis of what Searle says that he is arguing, explicitly, for moral considerations in the elaboration of human rights. He explicitly rejects the notion that they can be elaborated arbitrarily or without reference to moral foundations. This information and argument was presented in Lobo, but ignored in and by Corlett in 2017.

When Is the Universal Truly Necessary?

Sadly, however, this is not in fact the least of it. What is truly astonishing about Corlett’s pointing up that subjectivity and rationality are an important concern — as indeed they are — is that, in neither 2016 nor 2017, is there found any clear (non-tautological) explication of what counts as “morally normative” — his central peeve — anyway; the closest Corlett comes to giving the expression some substance is when he refers to “what are moral rights above and beyond what societies say they are” in 2016,[31] and in 2017, when he says that “human rights are […] are non-institutionally moral or ethical, backed by valid moral or ethical principles or rules.”[32]

To repeat: in an attempt to cut at Searle, Corlett informs his reader (as if the reader were unaware): “That something is rationally justified can be a subjective or relative matter.”[33] To be clear, Corlett is broadcasting the insight that what counts as rational and as justified (and by extension, surely, what is “true,” “valid,” “objective” and so on) is in fact subjective, relative — to one’s point of view, no doubt. It is claimed here that this intervention is astonishing. Why? Not for its content, certainly, but because the subject of its enunciation, namely Corlett himself, has in both 2016 and 2017 used the following phrases as if they were not tainted with subjectivity or relativity in the slightest: “‘true morality’,”[34] “valid moral claims,”[35] “valid moral rules,”[36] “a morally enlightened moral conscience,”[37] “objectively valid moral rules,”[38] “valid moral principles,”[39] notions like “objectively valid,”[40] “a proper interpretation,”[41] formulations like “[b]y ‘valid’ is meant objectively valid,”[42] “valid moral or ethical principles,”[43]  and this, while exhausting, is hardly an exhaustive list.

In not one single instance that can be found does Corlett allow that something like “true morality” might be a subjective or relative matter, that what counts as “a morally enlightened moral conscience” might be an unsettled question, within the scope of argument.[44] What is to be made of a statement like the following: “what makes a human right valid […] is valid [?] moral/ethical principles or rules which confer [wait for it…] validity on a human rights claim or interest and thereby confer the right in question to a particular individual or group”?[45] It is too distressingly convoluted and tautological to be considered a valid[46] English sentence; but what is more bothersome in the present context is it begs the question (begged by all the other just cited formulations too): who decides what is valid, true, objective, normative, moral, proper and so on?[47]

For Corlett there is a “true morality” that is not subjective, not relative; there are “valid moral claims” that are not subjective or relative matters; there is a “morally enlightened moral conscience” (yes, he uses the redundancy) and this is neither subjective nor relative. It is surprising that Corlett — that anyone engaged in the philosophical, and more pointedly, the social epistemological, if you will, enterprise — would so unselfconsciously, so unreflectively, so unironically, deploy such terms in an attempt to find fault with Searle’s — indeed, anyone’s — thinking. Does he not realize that such formulations are entirely of a piece with the discourses of radical religionists, Nazis, Stalinists, Maoists and so on?

They are not, however, part of Searle’s discourse. And in this regard it is to be noted, as a sort of coda to this section, that in the piece most selectively cited by Corlett[48] in 2016, and which has provided much food for thought above, Searle has the following to say about validity and the morally normative. First, validity: “a valid justification does not necessarily produce agreement.”[49] This observation does not seem to register with Corlett (his truism cited above notwithstanding). Searle goes on: “As a philosopher I would have a much easier life if people agreed with all my valid arguments. (No doubt my adversaries have the same feeling about my inability to appreciate their ‘valid’ arguments.)

The point for the present discussion is that one can legitimately argue for the validity and universality of certain human rights even though one knows that the conception of human dignity that one is arguing from is not universally shared and that one’s arguments will not convince people who wish to deny humans their rights.”[50] Who would dispute this? On the face of the evidence (2016 and 2017) Corlett would: “the moral conception of a human rights holds that such rights do not change.”[51] In other words, Corlett thinks these things can placed beyond argument. An audience of totalitarians would likely be the first to agree.

Regarding human rights more specifically, Searle says: “there ought to be a general account of them and how they relate to our humanity.”[52] This is essentially an argument in favor of something like moral normativity; he then adds, “I try to provide the beginning of such an account.”[53] Indeed. He then offers up a critique of merely “utilitarian” justifications of human rights, which again evinces his understanding of the need for some sort of normative grounding for them. It is deeply troubling that Corlett cannot intellectually grasp this. Finally, Searle reiterates his point, already present in 2010 but ignored for some reason by Corlett in 2016 and 2017, namely, that “a right can continue to exist even when it is not recognized” and that one therefore does “not lose” one’s “rights in a situation where they are generally violated.”[54] This provides a segue into the next section.

Searle’s Purpose and Contribution

In 2017, towards the end of his 22 pages responding to Lobo’s seven, Corlett admits that he doesn’t really know what Searle is up to in Searle (2010): “this discussion of Searle’s view of human rights raises the question of precisely which questions he is attempting to answer.”[55] Corlett offers up a couple of possibilities; but both are wrong. The overall goal for the chapter that so vexes Corlett is not to explore the field or tradition of human rights but to see what light, if any, Searle’s social ontology sheds on the ontology of human rights.[56] Towards the end of his chapter, Searle, having partially (but hardly completely) explored the debate on human rights, summarizes his basic position, using italics:

the justification for human rights cannot be ethically neutral. It involves more than just a biological conception of what sorts of beings we are; it also involves a conception of what is valuable, actually or potentially, about our very existence.[57]

Though he does not speak of morality in this quotation, he mentions ethics and elaborates what he means: it concerns what is valuable about our existence, which is to say, what is good, and best even. In other words, he insists on the need to formulate human rights by the light of reason (it is unclear how else such universal human rights might be formulated), with close attention paid to considerations grounded in the non-institutional, i.e. the biological, and extending into the ethical and moral. This quotation, in and of itself, should be enough to short-circuit Corlett’s argument, and knock the stuffing, the straw, out of the Searlean stand-in he constructs; in the face of it he could gracefully admit that he had misread Searle (for misreading is something to which even the best of us succumb), perhaps express gratitude for the clarification, and all involved could move on. Or not.

And so, in 2016 and 2017 these words from Searle (2010), cited in Lobo, which constitute clear evidence that Searle acknowledges the need to ground human rights in moral norms, are simply ignored or disputed as not saying exactly what Corlett wants (remember: he will accept nothing less than complete justification). It remains to be seen whether they will be ignored again, so it is worth emphasizing what Searle is doing here: Searle is doing exactly what Corlett says he is not doing. That Searle doesn’t use Corlett’s favorite phrases is what seems to make it impossible for Corlett to see this. With the benefit of this second clarification, perhaps he will.

But Searle is also doing something else. While not concerned at all to align his thinking with Corlett’s hallowed tradition, he is anxious to explore and resolve a paradox at the heart of thinking about human rights: on the one hand it is said human rights did not exist before the Enlightenment, but on the other hand, it is also said that human rights have always existed, but were only recognized with the Enlightenment, and indeed, can exist even when not recognized.[58]

Searle’s way of resolving the paradox is what was argued in Lobo to be his big contribution to the debate, which Corlett in 2017 dismisses as unoriginal.

So Who Is Right?

First, it is important to see how Corlett understands Lobo’s paraphrasing of Searle’s contribution. Corlett, conveniently (in more than one sense of the word) cites Lobo summarizing Searle: “Searle ‘… makes a contribution to the philosophy of human rights whose importance, I think, is hard to exaggerate, when he points out that what is crucial is that their potential bearers be recognized as a fully-fledged member of the human community and thus as entitled to the rights that accrue, automatically and inalienably, to each and every member of said community’ (Lobo 2017, 28.).”[59] This quotation is truncated, which would not be a problem[60] were the truncation signaled with an ellipsis; but it is not (and the initial ellipsis is not being questioned here).[61] Here is what Lobo wrote, with the missing words italicized:

…makes a contribution to the philosophy of human rights whose importance, I think, is hard to exaggerate, when he points out that what is crucial is that their potential bearers be recognized as actual bearers, that each and every member of the human species must be recognized as a fully-fledged member of the human community and thus as entitled to the rights that accrue, automatically and inalienably, to each and every member of said community.[62]

Does it make a difference? Insofar as Corlett’s version of Lobo evinces once more what might at this point be justly characterized as a tendency to selectively read, to conveniently misread, it probably makes a difference. The difference it might make is compounded by the fact that Corlett repeats the misquotation again on his next page, and it is on the basis of this misquotation that he dismisses as unoriginal what Lobo has said is an important contribution to the human rights discussion, as “either assumed, asserted, or argued by many doing rights theory during the past few decades.”[63] Tellingly, he does not cite any textual support for this assertion. He does however again quote the substance of the misquotation (this is the third time), as part of his attempt to denude Searle’s contribution of value.

It is perhaps inevitable that, having misquoted Lobo, Corlett should misunderstand him, and believe him to be saying something already and widely said. What is it that Corlett thinks Lobo is saying, that has already been said? It is this: “one must be a human being in order to be in a position to make valid rights claims.”[64] Or, the “fact” that humans are “members of the human community”, Corlett continues, “places them in a position to possess human rights.”[65] Now if this were what Lobo is saying, and if this were what Searle is saying (for Lobo is taken to be explicating Searle here), then Corlett would be right, and Lobo, at the very least, would probably be embarrassed, but grateful for the lesson. But again, this formulation of Corlett is based on a misreading, evidenced by Corlett’s reliance on an unreliable, and ungrammatical misquotation he produced.

What the Meaning of the Argument Was in the First Place

So what is Lobo actually saying? First, a return to the accurate quote, again adding emphasis where appropriate: with regard to human rights “what is crucial is that their potential bearers be recognized as actual bearers.” To make sense of this (these are the final lines of Lobo; the idea has been explicated previously in that text), one has to understand the socio-ontological difference between potential and actual bearers, and it is here that Searle’s work, whatever faults it may well and otherwise manifest, is so important.

For Searle’s work (specifically his discussion of status functions) allows us to understand that being human is not an ontological condition but a socio-ontological condition. This is a subtle point.[66] But it is profound.[67] One might say that there is the species, homo sapiens, (this is in a sense an assertion about ontological reality) members of which are potential bearers of human rights. But at the level of the symbolic, at the level of social ontology, members of the species homo sapiens are only often, but not always, regarded as humans and thus — lately at least — as possessors of human rights. Thus, potential bearers of human rights, that is members of the species homo sapiens, have to be recognized as humans (members of the human community) if they are to effectively have their human rights. If Corlett does not understand this, it is simply because he does not understand how status functions work, which is the subject for another occasion.

The second part of the text mishandled by Corlett is this, emphasizing with italics where necessary: “each and every member of the human species [i.e. every individual homo sapiens] must be recognized as a fully-fledged member of the human community and thus as entitled to” human rights. Note what is not being said here. It is not being said that “one must be a human being in order to be in a position to make valid rights claims”; nor is it being said that “members of the community of humans […] possess human rights.” These are both by now trite observations which, and Corlett is surely correct here, have long been part of the human rights tradition.

What is being said, based on Searlean social ontology, is that one must be recognized as a human being in order to make valid rights claims, that one must be seen as a member of the human community to (effectively) possess human rights, or to not have one’s human rights violated. What is the difference? The difference is that being a homo sapiens does not mean you are seen as, recognized as, a human being, a member of the community, and it is in this sense that a homo sapiens/human being can be said to both possess and be denied their human rights. Corlett’s whole discourse in 2016 and 2017 is predicated on the (mistaken) assumption that being human is socio-ontologically unproblematic and that the issue is the social existence and recognition of rights; but in fact it is about where and when homo sapiens are recognized and not recognized qua humans.

Corlett, and likely the tradition he invokes (if indeed he invokes its positions accurately, which at this point, it is not uncharitable to imagine, we have reason to doubt), may well say “No! Humans are humans, and as such are possessors of human rights!” Well, he and his vaunted tradition should go say it to Mr. Saifullah.

The Voice of a Lost Man

Mr. Saifullah? The reader is referred to the present essay’s epigraph. Mr. Saifullah, according to the story in the New York Times, is a member of the Rohingya refugee community living in Pakistan for the last four decades, in conditions that the paper describes as “distressingly impoverished even by Karachi’s standards.” He and the community to which he belongs are actively being denied their basic rights.

But how can this be so?, Corlett must ask — for surely Mr. Saifullah is human; clearly he belongs to the human community. Such a “fact”, Corlett would say, means he possesses rights, and he can claim them. Corlett would invoke the morally normative elements of the rights Mr. Saifullah possesses as a member of the human community and insist on the application of the normativity in question. And surely, just like that, Mr. Saifullah’s humanity would be recognized by the relevant parties and his rights, never lost, just violated, would be made effective.

If only it were so easy…

But Mr. Saifullah, unlike Corlett, gets it. He understands (that is to say, his words evidence at least an implicit understanding) that being a homo sapiens does not in fact make you a member of the human community, for he understands that the human community is not ontological in any straightforward way; rather, it is socially and symbolically ontological.[68] He understands that it is not what one is, but how one is seen, for how one is seen is what determines whether one will be afforded the considerations rights supposedly guarantee one.

Look at Mr. Saifullah’s words: “They won’t let me be a citizen, because then they have to give me rights and they won’t call me a refugee because then they have to give me aid”. And then: “I am not a citizen or a refugee. I am an illegal alien. I am nothing.” He understands that they — they, those who are not part of any hallowed tradition, but whose thinking on the matter is nonetheless decisive in a way Corlett, safely ensconced in the beautiful University of San Diego, doesn’t seem to even want to comprehend — don’t want to see him as a citizen or grant him citizenship, because then his rights as a human would have to be honored.

But nor will they call him a refugee, because in today’s world, refugees have rights to aid that have to be honored. But Mr. Saifullah is not done. For he knows that the Pakistani functionaries who are not honoring his rights cannot simply ignore him as if he were not there. He is not invisible; he exists.[69] But as what? And so they assign him a status function, though it is not the status function of human: in effect they are saying, this homo sapiens is not (at least not first and foremost) a human; he is, rather, an illegal alien.

As such it is not so much that his rights as a human are violated — for he is not seen as a human, at least not in the important sense; it is that qua this sort of social object — i.e. an other beyond the protections of the law — his “rights” need not be so much be ignored as actively violated. For how else would one treat an illegal alien?[70] In being counted as an illegal alien, he is able to be counted as nothing.

There is little left to say, except for the fact that Searle’s contribution sheds light on the rise in animal rights activism and indeed, on cases where people treat animals better than they treat homo sapiens. The former somehow acquire the status of human (understood in this case as the bearer of “rights” to life and comfort and to not be killed for food, etc.) and receive a level of care that millions of homo sapiens do not, these latter being assigned the status not of humans but of “the poor” or “the criminal” or “illegal aliens” or what have you. This point was made in Lobo.[71]

Conclusion: isn’t it (really) ironic?

Professor Corlett, to conclude, ends with stupendous irony, only adding substance to and validating Searle’s contribution, when he argues, in an attempt to score an inconsequential point against Searle (and Lobo), that there “are humans [what he means to say, though he doesn’t know it, is homo sapiens] both throughout history and today who have neither a moral […] right to life nor to freedom of expression, namely, those who deserve capital punishment based on their” crimes.[72]

Here Corlett is evidencing his subjective, relative perspective. For in Colombia, for example, such homo sapiens do not exist (at least not today): the Colombian constitution explicitly forbids not only capital punishment but also life imprisonment, no matter what the crime. But he is also evidencing an implicit endorsement of the Searlean perspective. For, of course, in contexts where such respect for what are still considered members of the human community in Colombia is absent, such homo sapiens are indeed, as he says, displaced from said community, and thus stripped of the rights that are otherwise a “simple” consequence of being (declared) human.

How? By declaring them to be something else. Which is to say that they are, through an institutional process, assigned a status function which, given the particular institutional arrangement and its foundational moral norms, supersedes the status function of human: they become now the condemned, convicts, guilty of capital crimes or indeed crimes against humanity, all status functions which permit and, in the corresponding situation, possibly demand that the organism to which such status function is assigned be put to death. Hopefully Professor Corlett will take some time to consider the consequences of this latent corroboration of Lobo’s presentation of Searle before dashing off another excessively long response. Or perhaps he will take the higher road, and simply leave things as they now stand.

Contact details: globo@uniandes.edu.co

References

Corlett, J. Angelo. “More on Searle on Human Rights.” Social Epistemology Review and Reply Collective 6, no. 10 (2017): 15-36.

Corlett, J. Angelo. “Searle on Human Rights.” Social Epistemology 30, no. 4 (2016): 440-463.

Lobo, Gregory J. “Reason, Morality and Recognition: On Searle’s Theory of Human Rights.” Social Epistemology Review and Reply Collective 6, no 9: (2017): 22-28.

Searle, John R. Making the Social World: The Structure of Human Civilization. Oxford: Oxford University Press, 2010.

Searle, John R. “Replies.” Analysis 71, no. 4 (2011): 733-741.

[1] Mehreen Zahra-Malik, “Far From Myanmar Violence, Rohingya in Pakistan Are Seething,” The New York Times, Sep. 12, 2017, accessed Sep. 13, 2017 https://www.nytimes.com/2017/09/12/world/asia/rohingya-pakistan-myanmar-violence.html?emc=edit_th_20170913&nl=todaysheadlines&nlid=22512676. A version of this article appears in print on September 13, 2017, on Page A4 of the New York edition with the headline: Far From Myanmar’s Strife, Pakistan’s Rohingya Suffer.

[2] J Angelo Corlett, “Searle on Human Rights,” Social Epistemology 30, no. 4 (2016): 440-463.

[3] Gregory J Lobo, “Reason, Morality and Recognition,” Social Epistemology Review and Reply Collective 6, no. 9 (2017): 22-28.

[4] Fearing that the use of the first person, while often justified, nonetheless interrupts the dialectic of collaborative reasoning, as interlocutors instantiate a personal, private relationship with “their” arguments and interpretations, such that they become embodiments of the same and thus refractory to evidence that contradicts them/their position, the third person is employed consistently throughout this essay, in an attempt to avoid what in Colombia is called a dialogue of the deaf (diálogo de sordos).

[5] J Angelo Corlett, “More on Searle on Human Rights,” Social Epistemology Review and Reply Collective 6, no. 10 (2017): 15-36.

[6] John R Searle, Making the Social World: The Structure of Human Civilization (Oxford: Oxford

University Press, 2010).

[7]John R Searle, “Replies” Analysis 71, no. 4 (2011): 733-741.

[8] Corlett’s mishandling of Lobo’s words is troubling on the face of it; it is even more so in light of Corlett’s insistence that “both critics and defenders of an author’s work owe it to themselves, the author, and others to carefully quote an author in constructing her position” (2017, 32 emphasis added).

[9] Corlett, “Searle,” 454.

[10] Corlett, “Searle,” 455. It shall go unremarked that “complete justification” would seem to be an impossible standard.

[11] Corlett, “Searle,” 454.

[12] Corlett, “Searle,” 454-455. More will be said about Corlett’s use of the notion of objective below.

[13] Corlett, “Searle,” 461-462.

[14] Corlett, “Searle,” 454.

[15] Corlett, “Searle,” 454.

[16] Though Lobo’s sincere attempt to help Corlett understand and correct the errors in his understanding of Searle have been received ungraciously by Corlett and, rather, met with snide but baseless insinuations (see 2017, 32), the temptation to fall into a mimetic replication of Corlett’s unprofessional response will here be resisted. The characterization of Corlett as dishonest, to be absolutely clear, is direct, and based on the evidence: that even though Lobo points out what Corlett has done in 2016, alerting him to his error, Corlett continues to ignore the evidence, and proceeds as if it didn’t exist and directly refute his position. He might have been understandably distracted the first time round, but the second time suggests something approaching dishonesty. Additionally, elsewhere in 2017 (see page 26), Corlett again acts in such a way as to justify the charge of dishonesty, as when he textually cites Lobo paraphrasing Searle, ignores Lobo’s textual citation of Searle, and then faults Lobo for not citing Searle directly.

[17] At the risk of redundancy, the reader is again reminded that in 2017 Corlett points out that “both critics and defenders of an author’s work owe it to themselves, the author, and others to carefully quote an author in constructing her position” (2017, 32). It seems that  Corlett exempts himself from this simple standard, actively transgressing it by engaging in selective quotation to serve his ends or by simply representing his own version of an author’s position without recourse to textual evidence. For example, Corlett argues, or implies (the difference is hugely important to Corlett) that someone (probably Searle, possibly Lobo) is “insist[ing] that only humans can have a right to life” (2017, 33). But no one, at least niether Searle nor Lobo, insists on such a thing.

[18] Searle, “Replies,” 741.

[19] Corlett, “Searle,” 456.

[20] Searle, “Replies,” 741.

[21] Corlett, “More,” 28-29, emphasis added. It is important to point out that the issue is not really whether Searle’s thinking can be aligned with any tradition. What is in question is whether Searle integrates what Corlett refers to as moral normativity into his thinking on human rights. Though Searle doesn’t use that precise phrasing, the evidence is insurmountable: he clearly does.

[22] Again, Corlett deploys the phrase “Searlean madness” in 2016 (456) to make the case that there is no distance between Searle’s thinking and white supremacy. One wonders how much distance there is between this sort of aspersion and calumny.

[23] Corlett, “Searle,” 458.

[24] Corlett, “More,” 29.

[25] Corlett, “Searle,” 455.

[26] Corlett, “More,” 29.

[27] Corlett, “More,” 29.

[28] Searle, Making, 192.

[29] Searle, Making, 192. In footnote 18 on page 29 of 2017, Corlett makes a fuss about the difference between reasonable and rational, emphasizing his preference for the former. His argument is unconvincing and one can just as easily make the case for their interchangeability. A quick online search using Google reveals: rationality — the quality of being based on or in accordance with reason or logic. Corlett is quite clearly clutching at straw(s).

[30] Searle, Making, 192.

[31] Corlett, “Searle,” 455. One might ask, justly, in what way this formulation differs from Searle’s insistence that human rights be formulated to rationally impose an obligation on all human beings to respect them.

[32] Corlett, “More,” 22.

[33] Corlett, “More,” 29.

[34] Corlett, “Searle”, 455. Corlett uses quotation marks around this phrase, though it is not clear why. For they most certainly are not scare quotes. His use of the term is non-ironic, thoroughly sincere.

[35] Corlett, “Searle,” 456, 460.

[36] Corlett, “Searle,” 457.

[37] Corlett, “Searle,” 456, 457 twice, 459.

[38] Corlett, “Searle,” 455, 457.

[39] Corlett, “Searle,” 457.

[40] Corlett, “More,” 20.

[41] Corlett, “More,” 23.

[42] Wait, what? Corlett, “More,” 20.

[43] Corlett, “More,” 22.

[44] It is noted, in passing, that Searle would recognize such concepts to be subject to argument. See below.

[45] Corlett, “More,” 25.

[46] Stipulated here.

[47] To this most basic criticism can be added that Corlett, in repeatedly drawing on the formulation that human rights are “discovered by human reason” (2016, 455; 2017, 25, 34), seems to think that rights are on the same level as black holes and quarks (truly “discovered” by human reason before being empirically observed), and that, moreover, reason itself is an uncorrupt tool, that its ethical discoveries are somehow beyond subjectivity and relativity.

[48] That is to say, cited selectively, for Corlett’s rhetorical convenience, rather than for the dialectical process.

[49] Searle, “Replies,” 741.

[50] Searle, “Replies,” 741.

[51] Which might well lead one to describe such rights as eternal, insofar as eternal can be taken to mean unchanging.

[52] Searle, “Replies,” 741.

[53] Searle, “Replies,” 741.

[54] Searle, “Replies,” 741.

[55] Corlett, “More,” 33.

[56] Searle, Making, 175.

[57] Searle, Making, 190.

[58] Searle, Making, 177.

[59] Corlett, “More,” 17.

[60] In point of fact it would be a problem, for as cited by Corlett, it is ungrammatical. Corlett appears not to notice.

[61] At the risk of even more redundancy: In 2017 Corlett insists that “both critics and defenders of an author’s work owe it to themselves, the author, and others to carefully quote an author in constructing her position” (2017, 32, emphasis added).

[62] Lobo, “Reason,” 28.

[63] Corlett, “More,” 18.

[64] Corlett, “More,” 18.

[65] Corlett, “More,” 18.

[66] Hence, possibly, Corlett’s difficulty with it?

[67] See previous note.

[68] As any high schooler who learned the Greek roots of the word barbarian implicitly understands too.

[69] One might put it this way: his ontology is not in question (but nor is it decisive). What is in question, and what will be decisive, is his social ontology.

[70] This question, should it not be clear, is posed rhetorically.

[71] As further evidence of Corlett’s problematic practice, he usurps Lobo’s use of the phenomena of animal rights to make what seems to be a similar point, but without attribution. But typically, he gets it wrong because he misses the point. Someone who, in his own words, “painstakingly summarize[d]” Searle’s social ontology clearly doesn’t understand Searle’s main contribution to the field, status functions, and thus misses the point that social ontology is not about what is, it is about what can claim to be and what is recognized as being. People treat animals as if they were human, sometimes as if they were more than human. Often, people do not treat humans (homo sapiens) as human.

[72] Corlett, “More,” 2017.