This article is a second shoe dropping.
In my 1992 book Gay Ideas, I pointed out theoretical problems
in contemporary academic understandings of gay identities - of
what it means to count as a homosexual being. In particular,
I criticized the view widely dubbed "the social construction
of homosexuality," which holds that lesbian and gay identities
are to be understood on a par with abstract expressionism or baseball
as social forms and forces that have not always existed and that
are clearly the products of culture rather than nature. Just as
there were no baseball dugouts or color-field paintings in the
12th century, neither (the social constructionists claim) were
there gays, lesbians, or homosexuals back then. I argued that
all the standard interpretations and defenses of the social constructionists'
thesis contain some flaw of concept, logic, or fact.
In this essay I criticize contemporary academic
understandings of gay identities along another dimension. I point
out the moral, practical, and political deficiencies and dangers
inherent in these understandings and in the wider received opinions
and dominant paradigms at work in contemporary Leftist-dominated
academe. Again, my perspective in the main is critical rather
than constructive, though along the way I flag some attractions
of traditional political liberalism.
If the current intellectual trends that
have taken over the social sciences and humanities are absorbed
into law and society generally as governing styles of thought,
they will have dire consequences for the defense of rights. In
particular, should these trends come to govern in the courts and
case law, they would have disproportionately disastrous consequences
for gay rights. They would cause privacy rights to collapse into
equality rights, which, in turn, would collapse into speech rights,
which, however, would prove to be untenable.
The trends march under a variety of banners:
post-structuralism, social constructionism, deconstructivism,
and the new historicism - collectively, postmodernism.
Institutionally the trends have clotted together under what is
coming to be called cultural studies, an emerging discipline which
also includes a fair number of old ideas and styles of
thought recycled and transmuted from the last century - notably
the debris of Marxism. For the uninitiated, here are five minutes
of "Postmodernism 101."
All the trends that make up postmodernism
have as their central saint and hero, archangel and evangelist,
the French philosopher Michel Foucault, whose most influential
books are Discipline and Punish (1975) and The History
of Sexuality (1976). What these trends have in common ideologically
is Foucault's belief in the cultural or social origins and nature
of meaning, values, identities, knowledge, and power. But culture
itself (the more modern deconstructive postmoderns hold) is not
one uniform thing but a multi-strand, ever-changing thing, so
that "meaning," "identity," "knowledge,"
and "power" themselves are always plural, ambiguous,
fuzzy, multiform, strained, even contradictory. In definition
or understanding, everything is both determined by and inevitably,
in turn, dissolves into its social context. Nothing has meaning
or value in itself, and the meaning of no "thing" -
be it a text, individual, or institution - is stable. Everything
is both socially constructed and yet also self-deconstructing.
Because in the postmodern view everything
is dependent on its relational placement for its meaning and even
for its existence, there are no free-standing individuals, only
shimmering variable "types." Within this view that the
world is composed of socially constructed yet slippery "types,"
the postmoderns dilate and alter the Marxist belief that the core
contests of power and meaning lie in the structures and struggles
between classes. They believe that contests of power and meaning
range across any number of differences, but especially differences
of race, gender, and sexuality: the postmodern trinity. Since
these types are social constructs or products rather than, say,
natural properties, they take their meaning from their relations
toward and against each other and other types, identities, and
concepts.
In consequence of postmodernism's belief
that the source of meaning, value, and existence is the interrelatedness
of concepts or types, there can be no "real" world outside
of, beyond, over and against the web-like lattice of concepts,
a world that could either underwrite concepts or provide a pivot
for a critical assessment of them. As a result, truth for Foucault
and his followers is not to be understood as correspondence -
a match-up of a proposition or statement to the world. Concepts
do not hit or miss the world; they create it - are constitutive
of it. Truth is the coherence of the web of concepts that make
up the world.
In ethical consequence, the truth does not
make you free and does not - indeed cannot - provide ideals and
guidance for a society. Rather, truth for Foucault is a "regime,"
a thing with effects. It is just whatever concepts influence and
sway the mind. Truth is the going regime of ideas in a society
- whatever the regime's coherence happens to be at the moment.
Truth acts as a social lens through which one views, interprets,
and constructs everything. One can never step beyond this social
lens, which is embedded in and perhaps even constitutes the mind,
and which filters and manipulates all we take in.
For postmoderns, the distinction between
fiction and fact, myth and reality, collapses. Language and ideas
are never essentially descriptive. They are always means of persuasion,
never tools for independent critical inquiry and assessment. The
postmodern lesbian philosopher Cheshire Calhoun puts it bluntly:
"The point of telling gay and lesbian history. It is a political
one." Rhetoric is all, reason nothing.
In the postmodern view, politics permeates
all our ideas, and the values that inform that politics are always,
like everything else, culturally determined. Since the meaning
of a thing is derived from its social context, there can be no
values lying outside of a society on the basis of which one could
evaluate or criticize the society itself. And so, postmodernism
is deeply committed to moral relativism between societies.
Because knowledge is a product of social
forces rather than derived from nature, science's claims to objectivity
and impartiality are always bogus, cooked up to hide whatever
political agenda the science as a social project is necessarily
pushing. But the reverse is also true in postmodernism: knowledge
is power - not in the sense that practical wisdom enables us to
do things efficiently, but in the sense that what is in our minds
determines who we are, and so, in the end (it is claimed), determines
how we will act. Thus postmodernism is deeply committed to cultural
determinism.
In the evolving modern age, power has become
ever more diffuse in its scope, ramified in its penetrations,
and refined in its manipulations. And it works not so much by
pushing and shoving as by luring and inducing. In the first instance,
its effects are on the mind. It does not cause or coerce a person
to do something against his or her interests; rather it seduces
one into viewing oneself in a certain way, as having certain interests,
even desires, as being a certain type of person, and then into
acting in accordance with the type.
With this sketch as a background, I want
to suggest that the rights most important to gays - privacy rights,
equality rights, and speech rights - if brought within the force
field of postmodernism, will telescope into each other and implode.
First, the dependence of the individual on the social - the social
construction of the individual - will eliminate the unique self
as a vehicle for privacy by dissolving the individual into a type
or types. But then, in turn, the social relativity of values will
undercut the core rationale for the equality rights that should
protect individuals as types. Finally, because of the social relativity
of meaning and the interpenetration of knowledge and power, individuals
as types become contested zones of meaning - battlefields in what
are now called the cultural wars, where to win means to control
meaning and thus to control ideas and speech. The ability to articulate
ideas is cultural war booty, rather than part of the agreed-upon
ground rules - the "Geneva conventions" - of cultural
warfare. And so further, freedom of thought and rights to free
speech, too, must finally go by the boards.
In the postmodern view, it is a mistake
to think of personal choice and individual decision-making as
motor concepts in social theory. There is no individual prior
to social processes. The individual (or what we mistakenly call
the individual) is a product of culture, a social construction.
The individual is at most a bud or excrescence emanating from
the social mind or what postmoderns call "social discourses."
But as the plural "discourses" suggests, society is
not of a single mind. So the constructed thing is not a unity.
The "individual" is simply the point where a number
of social identities intersect. The constitutive identities themselves,
though, according to deconstructive principles, are disparate
and contradictory.
But then, there is no thing that is properly
called a person if by person we mean a creature with ends of its
own choosing and the ability to revise those ends in light of
critical self-reflection. First, the individual cannot have a
core content or identity of its own making; nor can it have a
core set of desires over and against what is socially imposed
on it, so the first requirement of personhood cannot be met. Second,
socially imposed categories affec,t even effect, self-perception.
Indeed it is chiefly through the social causing the self to perceive
itself as a certain type (say, homosexual) that the self
becomes the type and comes to have desires in accordance with
it (say, homosexual ones). And so, the second prong of personhood,
call it autonomy - the ability to critically assess and revise
one's ends - is also beyond the horizon of possibility for the
socially constructed individual.
Further, there is no, and can be no, privacy
in the sense of the personal - a region of activity in which a
person, simply as a person, is sovereign in her decisions and
in her ability to act on them. More specifically, there are no
"central personally-affecting values" - the formulation
for privacy rights offered, for example, in Roe v. Wade
(1973), the Supreme Court case that held that abortion is protected
by the right to privacy. In postmodernism the individual cannot
have core interests or make core decisions that privacy protects
against social forces. For social manipulations and interests
have invented the individual's interests.
To sloganize: No persons, no rights. Foucault
himself saw that, once the individual is dissolved as a source
of independent desire and autonomy, appeals to rights are pointless
against the ever more ramified and sinuously intrusive state.
Rather, at the end of Discipline and Punish, Foucault feebly
supposes that micro-level resistances to the state will somehow
automatically spring up form within the very webs of power laid
out by the state. This assumption seems to be little more than
a pledge taken to the Hegelian dogma that theses always contain
within themselves antitheses that spring up automatically from
them.
Beyond "the personal," other senses
of privacy also wither under the postmodern gaze. In postmodernism,
there cannot even be a sense of privacy that emanates from and
guarantees a person's control of his or her own body. In the postmodern
view, the body is not a constitutive factor in the individual,
but is at most a blank slate over which the gas-cloud-like social
mind drifts and writes its script, which the individual then reads
off to find out what type of person she is. The body as a principle
of uniqueness, as a determinate source of desire, as a receptacle
of pleasure, and as an essential instrumentality of freedom -
all this is denied by postmodernism. The fine filaments of the
social, especially operating through the mind of its target, are
like a spider's cocoon that gradually encases, obscures, and desiccates
the body. Or as Foucualt, inverting Plato's Orphic maxim, puts
it: "The soul is the prison of the body."
In its most recent abortion ruling, Planned
Parenthood v. Casey (1992), the Supreme Court surprisingly
put a great deal of emphasis on the body as the source of the
"general right" of which the case holds abortion to
be a part. We hear twice of a right to "bodily integrity,"
of a right to "the ultimate control over one's destiny and
one's body ... implicit in the meaning of liberty," and of
"the right to physical autonomy." But on a postmodern
understanding of the body, the Supreme Court would be benighted,
should it now reverse its 1986 "homosexual sodomy" decision,
Bowers v. Hardwick, and find a right to gay sexual privacy
in Casey's right-granting talk of the body. For the body,
in this understanding, is at most a valueless, inert, functionless
nothing.
In sum, individual uniqueness and distinctiveness
have no place in the postmodern view, and with their vanishing
so too vanish the conditions and equipment with which to assert
privacy rights. But postmoderns generally do not bemoan this disappearance.
Under a lingering Marxist, mechanically feminist, or conservative
communitarian sway, postmoderns hold the impoverished view that
privacy rights are merely either a bourgeois power grab by and
for the propertied elite or a means of insulating pornography
and domestic violence from the law. Lesbian legal theorist Ruthann
Robson in her 1992 book Lesbian (Out)law claims, for instance,
that "there is nothing inherently private about sex. ...
Privacy is ultimately dependent on the legally sacred concept
of private property."
Rather than prizing privacy rights, postmoderns
put a premium - or at least appear to - on equality rights.
For instead of viewing an individual as an individual, postmodernism
always views the individual as a type or cluster of types. The
individual is constituted as the intersection of diverse social
forces, roles, identities, and interventions. And indeed, if the
individual is always to be viewed as a type or kind, then the
sorts of rights that the postmodern theorist might reasonably
attempt to assert are rights to equality - rights, that is, which
protect individuals as belonging to some type, kind, identity,
or "difference." In current federal law, such protected
groups include blacks, women, Latinos, paraplegics, resident aliens,
illegal immigrant children, Democrats, Marxists, veterans, people
with AIDS, and Mormons. Future law might protect queers, the homeless,
drug addicts, punkers, skinheads, students, and ex-cons.
The problem for postmodernism, though, is
that the relativisms that rest at the core of its commitments
will undo attempts to give any adequate analysis of equality and
inequality. And this failing explains why postmodernism rarely
gets beyond mantra-like invocations of The List of its favorite
"differences" - race, class, gender, sexuality, and
other othernesses - to analyze equality, as though what equality
rights are and who has them are somehow obvious, the elasticity
of The List notwithstanding.
The specific problem confronting postmodernism
(it will turn out) is that its ethical relativism eliminates any
analysis of equality that turns on an understanding of oppression
or oppressed groups. This result is perhaps ironic, for given
the usual make-up of The List, this sense of equality - equality
as non-oppression - is the one about which postmoderns give every
appearance of being centrally concerned.
Now the postmoderns are right about a couple
of things here. First, equality in its fundamental sense is not
to be understood as merely formal equality - the treating
of similar cases similarly, making sure that everyone has equal
access to whatever other rights there are. Foucault and
his followers have shown a great sensitivity to rules that are
neutral on their face but that in application disadvantage some
group. Thus, for example, a law that bars sex both to unmarried
heterosexuals and unmarried homosexuals is hardly neutral in its
application though it formally treats gays and straights identically.
Second, in expanding The List of contested
social categories well beyond familiar Marxist categories of class
and wealth, postmodernism implicitly appears not to be concerned
primarily with substantive equality, either. We can have
millionaire gays and millionaire blacks who are nevertheless oppressed.
And there are poor folk who are nevertheless oppressors; indeed
such people make up the bulk of neo-Nazi movements.
Equality is neither a merely formal nor
a substantive principle, but is, I suggest, a structural one.
Equality is chiefly a principle of non-degradation. Inequitable
treatment is the holding of members of a group in lesser moral
regard, as less than full human beings, by virtue of their group
membership alone, independent of any behavior that might constitute
them as members of this group. It is not inequitable to treat
murderers in lesser moral regard, since they are classified by
what they have done.
But this sense of equality as non-degradation
presupposes a culturally-neutral claim that each and every person
presumptively is worthy of equal regard and that we have some
means of determining this moral fact outside of the moral twists
and turns of any given society. Due to its relativistic commitments,
postmodernism can never provide this presumption.
If a society thinks, in the manner of the
Supreme Court's 1857 Dred Scott decision, that slavery
is acceptable because blacks are lesser beings, and
if values are socially and historically specific - all culture-bound
and culturally determined as postmoderns claim - then there is
no fulcrum and lever with which one could dislodge this belief
about blacks by showing it to be false. But then, if blacks are
inferior, they are not treated worse than they should be when
they are treated as slaves rather than as full persons.
We can tell from within a culture (say,
from its jokes and slang) that some group is humiliated, held
in contempt; but without culturally-neutral values, one cannot
tell whether that group does or does not indeed deserve that contempt.
Without such values, we cannot know that certain groups aren't
simply being put in their proper place. Postmodern theorists like
Judith Butler, author of Gender Trouble, brand as fascist
any appeal to culturally-neutral values and the metaphysics such
values inevitably entail. But without such values we are unable
to tell when ill treatment and ill-will are warranted and when
they constitute oppression.
The moral relativism of postmoderns leaves
them unable even to refute Nazi views on homosexuals:
"Himmler recounted to his SS generals
the ancient Germanic mode of execution for homosexuals - drowning
in bogs - and added: 'That was no punishment, merely the extinction
of an abnormal life. It had to be removed just as we now pull
up stinging nettles, toss them on a heap and burn them.'"
(from James Steakley's 1975 The Homosexual Emancipation Movement
in Germany)
The moral relativism of the postmoderns
destroys the very foundations of the sort of equality which they
want to espouse.
When, as in postmodernism, there are no
culturally neutral criteria with which one could properly show
to be false a socially held belief that some group is worthy of
derision, all one can do is to change the belief itself from within
the culture, thus transforming the culture into a different one
with its own, new values, which again, thanks to moral relativism,
are unassailable. Inevitably, then, under postmodern pressures,
equality rights have no separate standing from concerns about
how to persuade people to change their values. At best, equality
rights against oppression and degradation must be abandoned in
favor of rights to free speech, by means of which one side or
faction in society tries to upgrade the status of certain groups
within the culture.
But most postmoderns have not embraced free
speech rights. Ruthann Robson, for example, guts the First Amendment
in one sentence: "The First Amendment is a rule of law with
its roots in European liberal individualism and property-based
notions. Its value to lesbians must be decided by us, not assumed
by us." Free speech rights are good only if they "assist
us" - i.e., us lesbians. This stance, holding that asserted
rights really are rights only when the asserting group says they
are, does away with free-speech rights altogether once some other
competing and winning group makes the same claim for itself: "we
believe in free-speech rights only when they work for us, and
we've won, so no speech rights for you." In short, majorities,
on this account, get to determine what rights there are - which
is to say the "rights" are not rights at all, but majority
privileges.
Perhaps the best-known postmodern attack
on the First Amendment is Stanley Fish's 1992 article entitled
"There's No Such Thing as Free Speech and It's a Good Thing,
Too." Fish holds that speech "impinges on the world
in ways indistinguishable from the effect of physical action."
This position is silly when taken literally, as it would imply
that I can move mountains with my mind and tongue as easily as
with dynamite and a steam shovel. What Fish is really doing is
taking the postmodern pledge that people's ideas determine what
they do because they determine who they "are." To make
people good, we, like Plato's Philosopher-Kings, must control
what people hear and must hold them legally responsible for their
utterances as though these were thrown knives - only worse.
Speech for postmoderns is nothing but politics
by other means. It cannot be subject to rules other than those
of political power, which include the acceptability of its suppression
through the machinery of majority rule. Fish's hope is that majority
rule, free of the burdens of the First Amendment, will choose
to suppress such speech as the shouting of "faggot"
and so sweep in a millenium of gay liberation. After all, how
else could one do that but with words? Liberation on this account
will be cheap, quick, and easy, because talk is cheap, quick,
and easy.
Fish gives no acknowledgments to the sorts
of arguments made by traditional liberals in favor of free-speech
rights - arguments like those from John Stuart Mill's On Liberty
(1859). Fish fails to see that the free exchange of ideas
is the chief means by which we critically assess our beliefs to
see if they are warranted and is what allows us, to a significant
degree, to evaluate courses of action without having previously
performed them ourselves. It is this critical capacity of speech,
language, and thought that distinguishes words conceptually from
actions and that positions them as things that centrally need
to be protected if individuals are to be autonomous, and so warrants
speech's protection even if these produce incidental harms in
the world of action.
Lessons of recent history should teach us
that Fish's hope of liberation through the control of speech is
a misguided fantasy. When governments suppress speech, it is lesbian
and gay speech that they suppress first. In February 1992, the
Canadian Supreme Court accepted Catherine MacKinnon and Andrea
Dworkin's analysis that pornography may be legally banned because
it is degrading to women. After this ruling, the very first publication
in Canada to lead to a bookseller's arrest was the lesbian magazine
Bad Attitude. The Glad Day Bookstore, Toronto's only gay
bookstore, continues now to be harassed by customs officials and
police just as it was before the MacKinnon-rationalized decision,
because the police view gay sex itself, in whatever form, as degrading
to the humanity of its participants.
It is not just lesbian feminists who should
fear unleashed censorship. The New York Times (June 29,
1994) reports that "earlier this month, the America Online
network shut down several feminist discussion forums, saying it
was concerned that the subject matter might be inappropriate for
young girls who would see the word 'girl' in the forum's headline
and 'go in there looking for information about their Barbies'."
The cost of postmodernism is high. It eliminates
privacy rights, equality rights, and free-speech rights. Ironically,
it turns out that postmoderns themselves, when they deign to descend
from their ivory towers, also believe that the cost of postmodernism
is too high. When confronted with the real world and the need
to act politically, they resort to what they call "strategic
essentialism" - essentialism here is a code word for the
assumptions about human nature that are embedded in liberal individualism.
Postmoderns recognize that their own sort of relativistic talk
will not get them anywhere in the real world, and that they will
have to resort at least to the strategies, styles, and cant used
by liberal humanists - that is, if gay progress is to be made.
But bereft of the substance and principles of liberalism that
are its real tools and that postmodernism supposes it has destroyed,
liberal strategies will hardly be effective.
Moreover, despite postmoderinism's thick
jargon and tangled prose, there is no reason to suppose that the
courts won't eventually see through the postmodern bluff and,
like Toto, pull back the curtain of its liberal guise to reveal
machinery which conservative justices can effectively use to further
restrict rights.
It is not too difficult to imagine a scenario
in which Justice Scalia signs off an opinion upholding the mass
arrest of gay Marchers on Washington by block-quoting Stanley
Fish: "In short, the name of the name has always been politics,
even when (indeed, especially when) it is played by stigmatizing
politics as the area to be avoided by legal restraints."
Indeed the Supreme Court's most recent gay
case gives evidence that it is already able to co-opt postmodern
discourses as means of oppressing gays. In its June 1995 St. Patrick's
Day Parade ruling, the Court voided the gay civil rights protections
of Massachusetts' public accommodations law as applied to parades.
In order to reach this conclusion, the Court had to find that
Boston's St. Patrick's Day Parade constituted political speech
despite the fact that the Court could find no discernible message
conveyed by the parade; as far as any message went, the Court
analogized the parade to the verse of Lewis Carroll and the music
of Arnold Schönberg. What to do? Well, the Court sought out
a source that would claim for it and against common opinion that
all parades are inherently political. And where better to find
such a source than in postmodern beliefs that hold that everything
is politics? The Court quoted the requisite claim about the inherently
political nature of parades from an obscure 1986 academic book
Parades and Power: Street Theatre in Nineteenth-Century Philadelphia,
which, on the very next page after the one quoted by the Court,
signals its intellectual allegiances: "The concepts framing
this study flow from ... E.P. Thompson ... and Raymond Williams."
These two men are the Marxist scholars who founded cultural studies
in England. The Right-wing Supreme Court here used postmodern
Marxist scripture to clobber gays.
It used to be that tyrants - be they shah
or ayatollah - would simply deny that human rights violations
were occurring in their countries. But in the last few years,
tyrants have become more "theoretical" and devious.
Their underlings have been reading Foucault. Now, when someone
claims that a ruler is violating some human right, say, religious
freedom, the ruler simply asserts that while the purported right
may well be a right in Northern European thinking, this fact have
no moral weight in his own way of thinking. Indeed, if, as postmoderns
claim, values are always historically and culturally specific
in their content, then the ruler can claim not only that North
European thinking about rights need have no weight in his own
thinking, but moreover that it cannot have any weight in
his own thinking, determined as it is by local conditions and
cultural forces. Recently Muslim fundamentalists have defended
their religious cleansing of Coptic Christians out of Egypt by
asserting that there is no international human right to religious
freedom.
In a similar spirit, Saudi Arabia's ambassador
to the United States took out a full-page ad in the Sunday New
York Times titled "Modernizing in Our Own Way" (July
10, 1994). The ad couched moral relativism in pseudo-liberal verbiage
- appealing to "rights to our own basic values" and
"respect for other people's cultures" - in order to
justify Saudi Arabia's barbaric departures from "Western
human rights."
For a gay example of such judgment-arresting
relativity, consider the case of the 19-year-old Jamaican reggae
singer, Buju Banton. In 1992 he had a hit song, "Boom Bye
Bye," with lyrics that translate approximately to "Faggots
have to run or get a bullet in the head." A spokesman in
the singer's defense claimed, "Jamaica is for the most part
a Third World country with a different ethical and moral code.
For better or worse, homosexuality is a deep stigma there, and
the recording should be judged in a Jamaican context."
If postmodernism is right, such fundamentalists,
ambassadors, and spokesmen are irrefutable.
Surprisingly, such moral relativism has
even infected Amnesty International - a group that is a conceptual
joke if the very idea of international human rights comes a cropper.
Through the 1980s, British, Dutch, and American sectors of Amnesty
International argued that people arrested for homosexual behavior
should be classified as prisoners of conscience - Amnesty International's
blanket designation for those whose human rights have been violated.
But for a long time, these arguments were drowned out by Third
World voices, which claimed that while sexual privacy may be a
right in some First World places, it certainly is not where they
speak. If postmodernism is right, these Third World voices are
irrefutable. Finally, in 1991, "hegemonic" Western voices
got the Third World to go along with the reclassification of gay
sex acts, but no without a proviso holding that ny work that Amnesty
International directs at enforcement of rights to sexual privacy
should be as deferential as possible to local conditions. No other
right recognized by Amnesty International comes with such a morally
deflationary fillip. Human rights won this battle, but in a way
that holds out the prospect that they will lose the peace.
Comment by Niclas Berggren, Ph.D.
While I remain sympathetic to much of Professor Mohr's critique of postmodernist thought, I have one major problem with it: the discussion of rights and the nature of values.
While postmodernism seems to hold that there
are no objective factual statements, I, along with Professor Mohr
and most others, espouse the view that there is a valid distinction
to be made between factual statements and value statements. For
this reason, I find it unnecessarily confusing that these two
types of statements are not analyzed separately in the article.
That is to say, it is conceptually conceivable that one can disagree
with postmodernism's claim that all statements are normative at
base and still agree with its notion that normative statements
are not external to social mechanisms. This refers to two separable
issues: what is normative and what the nature and origin of normative
statements is. Personally, I agree with Professor Mohr that there
are non-normative statements; I disagree with him that normative
statements can be objective (i.e., not morally relative); and
I disagree with postmodernism that values are solely shaped
by social forces.
In the reasoning above, this primarily becomes
problematic in connection with the philosophical concept
of rights, where rights are treated as if existing objectively
and external to individuals (note that I am not discussing actual
legal rights here). In this, Professor Mohr seems to be joining
forces with Robert Nozick, who in his influential work Anarchy,
State, and Utopia (New York: Basic Books, 1974, p. ix) simply
asserts: "Individuals have rights, and there are things no
person or group may do to them (without violating their rights)."
Really? If so, one has to be able to specify the origin of such
rights, and this Nozick does not do - and nor does Mohr. He does,
however, hint at one possible motivation - and one which I consider
a logically fallacious. In essence, the claim is that x because
~x is seen as undesirable. That is to say, it is alleged that
rights exist because without them, the world would - due to resulting
moral relativism - be a dreadful place. But this allegation simply
informs us that some people - in this case represented by Professor
Mohr - have a certain set of values and that they think that laws
should be designed in accordance with these values. What else
is said? We are not, for instance, given any rationale for why
certain rights are universally valid. We still know nothing about
whence they come. Does a god reveal them? Even so, why should
we find the moral code thus revealed compelling? We are, indeed,
left wondering.
And we are left wondering for the simple
reason that all values are subjective, i.e., value statements
are not in any way related to truth, only to individual emotions
or tastes. That this is so has been convincingly argued by Bertrand
Russell in his essay "Science and Ethics"
and by philosopher J. L. Mackie at Oxford University in his book
Ethics: Inventing Right and Wrong (London: Pelican Books,
1977). Hence, the moral relativism so dreaded above is really
an inherent, integral component of any system of ethics. Some
group of people may aver that their particular value y is objectively
authoritative; another group may do the same with reference to
~y. Of what assistance is the respective claims of universal applicability
and objectivity (i.e., non-relativism)? None! The reason is elementary:
there is no way anyone can demonstrate that his set of values
is superior to anyone else's simply by calling them something.
For some further reasoning on this issue, see the essays "On Morality"
by Fredrik Bendz and "The Human Basis of Laws and Ethics"
by Frederick Edwords.
But does this subjectivity of values not
lead to the type of problems outlined by Professor Mohr, including
Third World leaders continuing in their maltreatment of gays and
lesbians? No, the subjectivity of values is a statement of fact,
and as such, it merely describes the nature of people's thinking
in the normative realm of affairs. If values are subjective, then
calling my own values (which happen to include the view that gays
and lesbians should not be maltreated) "objective,"
"universal," or "non-relative" alters nothing
at all (aside from introducing a factually misleading classification).
What causes these problems is the fact that my and Professor Mohr's
subjective values are at odds with those of some political leaders
- the fact that they are at odds cause us to see it as a problem
that gays and lesbians are maltreated, and they are maltreated
because of the actual values held by the leaders.
There are only two basic ways to affect
the ways gays and lesbians are treated in these countries: either
to try to change the desires of the leaders (to induce
them to feel sympathy toward gays and lesbians) or to try to force
them to change their policies by threatening to cease with pecuniary
assistance, or something of the kind. Mere rhetoric about "rights"
obviously - and predictably - does not help.
Can it be concluded from this that there are no rights or that rights are incompatible with moral relativism? No and no. We can say, however, that there are no objective rights; rather, in theory, all asserted rights are based on subjective values. This does not render them useless as concepts - it simply means that I must motivate why I think others should adopt them. It may very well be, on the other hand, that postmodernism, regarded as incorporating moral relativism along with several other propositions about reality, render any practical defense of rights infeasible - but that is no reason for dismissing moral relativism. As always, it is not wise for one to throw the baby out with the bathwater. As it happens, one can be a believer in the subjectivity of ethics while rejecting other parts of postmodernism - and hence retain a meaningful notion of rights.