Crawl Across the Ocean

Thursday, August 13, 2009

24. Morals by Agreement: The Lockean Proviso

Note: This post is the twenty-fourth in a series. Click here for the full listing of the series.

This is the sixth and final (for now, anyway) post on the book Morals by Agreement, by David Gauthier.

Gauthier summarizes his argument in chapter 7, of Morals By Agreement as follows:

"If you seize the products of my labour and then say 'let's make a deal', I may be compelled to accept, but I will not voluntarily comply. We are therefore led to constrain the initial bargaining position, through a proviso that prohibits bettering one's position through interaction worsening the position of another. No person should be worse off in the initial bargaining position that she would be in a no-social context of no interaction. The proviso thus constrains the base from which each person's stake in agreement, and so her relative concession and benefit, are measured. We shall show that it induces a structure of personal and property rights, which are basic to rationally and morally acceptable social arrangements."


As best as I can tell, Gauthier's argument is effectively the same as in the previous chapter. That is, if people are going to set up a society based on cooperation, chapter 6 argued that people who break their agreements wouldn't be accepted in such a society, since they would make it impossible for people to make agreements 'rationally'. In chapter 7, the argument is that cooperative society also needs to exclude people who better their own position at the expense of others, since people who act this way make it irrational for people to participate in that sort of society.

He notes that another way of expressing this is to say that, within a cooperative society, people have the 'right' not to be coerced or deceived into doing things they would not do voluntarily.

Of course, the history of just about every piece of land on the planet is a history of people having taken it by force at some point and then made any future agreements starting from that position, so Gauthier does make one concession to reality in noting that people will acquiesce to a deal that benefits them, even if that deal is unfair because it represents past acts of coercion - if the deal is better than nothing. So, for example, in South Africa it was not required to undo every act of colonialism before apartheid could be ended.

He also notes that where some people have a large technological advantage over others, it won't necessarily be rational for them to cooperate with the others, as opposed to simply coercing the others to do what they want. He ends the chapter by arguing that this means that the proviso applies only in relations between equals.

Presumably the reason for the distinction is that, in a battle between equals, the retaliation back and forth would leave both parties worse off than a cease fire, whereas in a one-sided battle, the victor is likely to come out ahead, even after allowing for their costs of coercion. Gauthier doesn't (as far as I see, anyway) consider whether this notion has any implications for the behaviour of the government, which, as the only legitimate source of force in society, is in a similar position vis-a-vis its subjects as the technologically superior party is to the inferior. In other words, Gauthier's argument seems to imply that it is 'rational' for the government to coerce people in ways that it is not rational for individual citizens to do.


One thing that was unclear to me was why Gauthier seemed to insist that the prohibition against violating the proviso only applied before the establishment of cooperative society, rather than remaining in force all the time, even after society was established. Perhaps he simply assumes that, once cooperative society is established, refraining from the sort of coercive behaviour that would violate the proviso is already taken care of by the the fact that people come to voluntary agreements (as described in chapter 5) and abide by those agreements (as described in chapter 6).

* Note that it is called the 'Lockean' proviso because John Locke was one of the first philosophers to set out this sort of notion that people had the right to do what they wanted as long as they didn't make others worse off in the process.

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Finally, if you would rather get someone else's (more concise) perspective on Morals by Agreement, one of the most interesting internet links that I found summarizing it was these philosophy class notes, written by Dick Arneson

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Thursday, June 04, 2009

Abdelrazik Update

Note: Previous post on this topic is here.

The Conservative party was smacked down pretty hard today by the Federal Court, which ruled that,

"Mr. Abdelrazik, who has been marooned in Sudan for nearly six years, “is as much a victim of international terrorism as the innocent persons whose lives have been taken by recent barbaric acts of terrorists,” Judge Zinn said."


...

"Judge Zinn found that while it wasn't necessary for him to determine whether the government has acted in bad faith to violate Mr. Abdelrazik's rights and thwart his return, the evidence supports such a conclusion.

“Had it been necessary to determine whether the breach was done in bad faith, I would have had no hesitation making that finding on the basis of the record before me,”"


...

"Judge Zinn's message was tougher. He ordered Ottawa to “take immediate action so that Mr. Abdelrazik is returned to Canada,” requiring the government to issue him an emergency passport, make travel arrangements within 15 days and get him home within 30 days. To drive home the point, Judge Zinn told the government to ensure that Mr. Abdelrazik appears before him no later than July 7."



Dr. Dawg has more.

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Monday, April 13, 2009

Further into the Dark Ages

Via Pogge, I see that, against all odds, the federal government is digging it's hole of shame and embarrassment even deeper on the Abdelrazik story.

Only two days after a man on the no fly list is flown home to Britain over the airspace of many countries without gaining permission, our Federal government, claims that "every country he might fly over on the way home from Khartoum needed to give explicit permission." Is there no lie too obvious or too ridiculous for this government? Have they no shame at all?

Given that they are willing to make a mockery of our Constitution - "It [the Government's court filing with respect to Mr. Abdelrazik] claims the right to return to Canada, enshrined in the Charter, applies only to citizens who present themselves at a border post." - I guess the answer is no.

Contact info for Foreign Affairs Minister Lawrence Cannon here

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Wednesday, April 01, 2009

Canada's Back - In the Dark Ages

From the CBC:

* Canadian citizen travels to the Sudan in 2003.

* Is arrested and imprisoned on suspicion of terrorist ties but eventually released as no evidence of any guilt is found. Passport has expired by the time he is released from prison.

* Is cleared in writing by Canadian security agencies.

* Canadian government says it can not issue necessary travel documents for him to come home because he does not have an air ticket.

* Canadian citizens chip in to buy him a ticket.

* Canadian government now says it can not issue him travel documents until he gets himself off of the no-fly list - even though the No-fly list has a specific exemption allowing people on it to return home.

* Citizen is living on a cot in the Canadian embassy for almost a year, with no money and little prospect of getting himself of a no-fly list.

* Government refuses to answer questions about why it is refusing to allow Canadian citizen to return home, having made up a series of obviously fraudulent excuses, moving on to a new one after each arbitrary hurdle is cleared.

I don't remember them covering this part of our constitution in my civics classes.

Contact info for Foreign Affairs Minister Lawrence Cannon here

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And if you feel like making yourself depressed, read the comments on the CBC site as a steady stream of right wing folks argue that a Canadian citizen who has been convicted of nothing should be refused entry to the country and forced to live indefinitely in the Canadian embassy in Sudan, never returning to his home country.

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Friday, January 07, 2005

Random Thought For the Weekend

Maybe it's just me, but I think that when it's big news that your country's [proposed] Attorney General disavows torture, it may be time to take a step back and think about where your country is at and how it got there.

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