Posts Tagged ‘Morality’

The Skeptical Case Against Natural Law / 1

March 19, 2025

For many years I have struggled with finding the words to express my instinctive feelings against attempts to apply “universal” principles across all humans and which suppress human individuality. I have often tried  – usually without much success – to explain my dislike for concepts such as universal morality, Natural law, universal rights, unearned rights as entitlements and entitlements independent of behaviour. I am coming to the conclusion that my objections to, and dislike of, these concepts are essentially philosophical. Explanations of my objections need, I think, to be couched in philosophical terms.

I try to address these (again) in this series of essays.


Natural Law is often presented as a foundational principle governing human morality, law, and rights, claiming to be a universal standard of justice inherent in human nature. However, a closer examination reveals that Natural Law is not an empirical reality but a constructed ideological tool. It emerges only when different societies with distinct laws interact, and its purpose has historically been to justify the imposition of one society’s norms over another. The absence of empirical evidence for Natural Law, combined with its theological underpinnings and political motivations, renders it an unconvincing framework for understanding human morality and governance. Instead, morality is best understood as an emergent property of individual human values, varying across cultures, historical periods, and personal experiences. Here I try to explore the philosophical, historical, and empirical reasons why Natural Law fails as a legitimate concept and why morality must be recognized as subjective rather than universal.


The Absence of Empirical Evidence for Natural Law

If Natural Law were a genuine feature of human existence, we would expect to observe universal moral principles across all societies and cultures. However, anthropological and historical research reveals no such universality. While there are commonalities in human behavior – such as cooperation and conflict resolution – these vary significantly in their expression. For example, concepts of justice, property, and individual rights differ widely between societies. The idea that certain rights are inherent to all human beings is not supported by empirical observation but rather by ideological assertions.

Human history is filled with examples of societies that have organized themselves around vastly different moral and legal systems. From the caste-based hierarchy of ancient India to the communal property arrangements of indigenous tribes, moral codes are deeply context-dependent. Even within the same society, moral norms evolve over time, reflecting changes in economic conditions, technological advancements, and cultural shifts. This variability directly contradicts the claim that a singular, natural moral order governs human behavior.

The lack of empirical confirmation for Natural Law relegates it to the realm of metaphysical speculation. If Natural Law cannot be observed or tested, then it is indistinguishable from theological doctrine. It becomes a belief system rather than a demonstrable reality, making it no different from religious faith. This reliance on unprovable assertions undermines its credibility as a foundation for legal or moral theory.

Natural Law as a Tool of Domination

Natural Law does not emerge in isolated societies but only when different societies with conflicting rules interact. Historically, it has been invoked to justify the imposition of one society’s rules over another, often under the guise of a higher moral authority. Colonialism, religious expansion, and political domination have frequently relied on claims of Natural Law to legitimize conquest and control.

For instance, European colonial powers used the rhetoric of Natural Law to justify the subjugation of indigenous populations. They framed their legal and moral systems as “civilized” and based on universal principles, while dismissing native customs as inferior or unnatural. This ideological framework provided moral cover for coercion, exploitation, and cultural erasure. Of course religious institutions across the world have been quick to confer the halo of Natural Law on their own dogma. Religious institutions from have often used Natural Law arguments to enforce moral conformity, punishing deviations from dogmatic norms under the pretense of upholding their universal truths.

Natural Law’s historical role as an instrument of domination raises serious ethical concerns. If its primary function has been to serve the interests of those in power, then its legitimacy as a moral guide is highly suspect. Rather than being an impartial standard of justice, it appears to be a rhetorical device used to consolidate control over others.

The Fallacy of Universal Morality

The assumption that a universal morality exists contradicts the reality of human individuality. Every human being is genetically unique, behaves in distinct ways, and forms personal values based on their own experiences. Given this diversity, it is absurd to claim that a single moral code applies equally to all people. What is “good” for one person may be harmful or undesirable for another. What is “good” for me here and now is certain to be “bad” for some one of the other 8 billion people alive.

The idea of universal morality is, at best, an abstraction with no real-world grounding. At worst, it is an imbecilic construct used to justify coercion. The imposition of a supposedly universal moral order disregards the fact that morality is fundamentally a product of individual cognition. Each person’s moral framework emerges from their subjective values, which they use to navigate life’s complexities. The attempt to enforce a single moral standard on diverse populations is not only impractical but also a form of ideological tyranny.

Furthermore, moral codes are often shaped by historical circumstances rather than any intrinsic natural order. Concepts of justice, equality, and rights have changed dramatically over time, reflecting societal needs rather than adherence to some eternal truth. Slavery was once considered morally acceptable in many civilizations, and its eventual abolition was not the result of a discovery of Natural Law but of shifting economic and political forces. The same can be said for religious freedoms or freedom of expression and numerous other moral issues. This historical fluidity further undermines the idea that moral principles are fixed or inherent.

The Political Function of Universal Morality

If morality is not universal but instead emerges from subjective values, why does the myth of Natural Law persist? The answer lies in its political utility. The concept of a universal moral order provides a convenient justification for those in power to enforce their will on others. By claiming that certain moral rules are “self-evident” or “natural,” political and religious leaders can sidestep debate and impose their norms without question.

Universal morality is, in effect, a political construct. It serves as a tool for suppressing dissent and legitimizing authority. Governments, religious institutions, and international bodies all invoke the language of universal morality to assert control over populations. For example, international human rights laws claim to be based on fundamental moral principles, yet they often reflect the political interests of dominant nations. The selective enforcement of these laws—where powerful countries violate them with impunity while weaker nations face harsh penalties—reveals their true function as mechanisms of control rather than genuine moral imperatives.

By recognizing morality as inherently subjective, we expose the coercive nature of universal moral claims. A society that acknowledges the diversity of moral perspectives is better equipped to foster genuine dialogue and coexistence. Instead of imposing artificial moral absolutes, ethical and legal systems should be constructed with an understanding of human individuality and the necessity of negotiated social agreements.

Conclusion

Natural Law fails as a legitimate concept because it lacks empirical evidence, serves as a tool of domination, and falsely assumes a universal morality that does not exist. The historical and political record demonstrates that claims to Natural Law have been used primarily to justify coercion and control, rather than to uncover any genuine moral truth. Morality, rather than being an objective reality, emerges from individual values and experiences. Recognizing this subjectivity allows for a more honest and flexible approach to ethical and legal systems, one that respects human diversity rather than imposing ideological uniformity.

By rejecting Natural Law, we free ourselves from the illusion of universal morality and open the door to a more nuanced understanding of ethics—one that acknowledges the complexities of human existence rather than imposing rigid, arbitrary norms. The path to justice and social harmony lies not in fabricated moral absolutes but in the recognition of individual agency and the negotiated agreements that allow diverse societies to coexist.

Natural Law is, in fact, nothing more than a political invention for use as a tool for oppression.


Natural Law is neither natural nor is it law

August 12, 2024

The laws of nature do not allow any non-compliance. Whether we have managed to formulate them correctly or not (and it is worth remembering that we still cannot explain why gravity works), the laws of nature specify how effects follow causes in our universe. Inexorable, unavoidable, unchangeable. The laws of nature are indifferent to the state of the universe.

Natural Law, however, is neither natural nor a law. It is not a real thing. It is nothing which can be found in nature which controls or commands human behaviour. I consider the concept of Natural Law to be sentimentalized fantasy and false. Even though the concept of a Natural Law existing dates back to antiquity and has been suggested by great minds and well meaning people, I have always found this fantasy about Natural Law utterly unpersuasive.

History of Natural Law

Many consider Aristotle to be the father of Natural Law Theory. He argued that what is “just by nature” is not always the same as what is “just by law,” as it does not depend on the decisions or laws of any one group of people, such as lawmakers. Following this, Cicero explained Natural Law as something that can contribute to the general good of society, whereas positive law would contribute to the safety of society. Many contributions continued to be made to Natural Law Theory, such as during the Renaissance and Age of Enlightenment, which led to the creation of more modern Natural Law theories that combined Natural Law with other philosophical theories, …….. In more modern times, Natural Law was also supported by great thinkers such as Mahatma Gandhi and Martin Luther King Jr.

A current definition of Natural Law would be:

Natural law is a philosophical concept that posits that there are inherent laws, principles, or moral codes that are part of the natural order of the world and are accessible to human reason.

I find it does not have the status of a theory. In fact it could hardly even be called a hypothesis. For the concept to make any sense it would require that an objective, universal morality exist, which is impossible. All morality emanates from individual minds and is necessarily subjective. Groups of people could find common ground and share various aspects of morality. But there is no such thing as an objective, universal morality. There is no morality to be found in the natural world. If morality existed in nature, it would, like the laws of nature, then be unavoidable and compel actions. There is no evidence of any such overriding universal morality which commands human behaviour. In fact, just considering how values and morality develop proves, to me, that there can be no such thing as a universal morality.

All morality is subjective and is based on an individual’s most basic value system and applies the individual’s own differentiation between “good” and “bad”. Everything about morality starts from there. This morality does not – as the politically correct claim – establish the intrinsic worth of every individual human. A human has no intrinsic worth. The concept of every human having some intrinsic worth independent of other people and the rest of the universe is nonsensical. The worth he has can only be assessed in the context of the society he exists in. The values of “good” and “bad” derive ultimately from survival needs. What helped survival was good and what did not was bad. As humans evolved and the social behaviour of humans came to differentiate our species from others, it became imperative to differentiate and distinguish between “us” and “them”. Individual, family, clan, and tribe. Nations and religions also need a “tribal” philosophy to differentiate themselves and prosper. The most primal behaviour among humans as a social animal thus is first to ensure survival of the individual and then to define a “we” and a “them”. Actions are taken, in the first instance, for the benefit of the “we”. This becomes actions against “them” if threats are perceived. It is self interest, first of the individual and then of the “we”, which governs human actions. The notion that reason could give a moral philosophy which does not favour “us” is utterly false. Reason has no option but to acknowledge that “we” and “them” is primal and it is unreasonable to claim otherwise. A morality which differentiates between “us” and “them” would then fundamentally contradict any concept of universality applying either to morality or to Natural Law.

My point is that human nature was, and remains, inherently tribal. Tribalism is a good thing. It has worked and still enables human development. It has driven the social and cultural evolution of humans. “We” begets “them”. It is the “we” which provides the motivation which fuels innovation. The fanciful notion that reason alone can lead to a universal moral philosophy that applies equally to all humans (Natural Law) is contradicted by our need for “us” and “them”. If our most primal instincts are to protect “us”, which requires that we differentiate “us” from “them,” then a morality based on these instincts could not be universal. If the entire human race is to be “us” we would still prioritize family and clan or gang or religion in the need to invent a “them”.

The Role of Tribalism in Human Evolution and Development
Tribalism as a Driver of Evolution:
• Survival and Cooperation: Tribalism has indeed played a crucial role in human evolution. Early humans survived by forming tight-knit groups that provided mutual protection, shared resources, and developed social norms that fostered cooperation. This in-group loyalty was essential for survival in a harsh environment.
• Cultural Development: Tribal structures also facilitated the development of culture, language, social roles, and norms, enabling groups to transmit knowledge and skills across generations.
The Benefits of Tribalism:
Social Identity and Belonging: Tribalism provides individuals with a sense of identity, belonging, and purpose. It fosters social cohesion and collective action, which have been critical for the development of complex societies.
• Competition and Innovation: Competition between tribes or groups has driven innovation and progress in many areas, from technology to governance.

Human behaviour is driven by self interest. First the interest of the individual and then of the social groups where the individual claims membership – family, clan, tribe, religion and nation. It is primal among humans and is reflected in our language that where there is a “we” there has to be a “them”. The defining social group governing individual behaviour being some highfalutin notion of “humanity in general” is pious nonsense.

Natural Law is not natural and it is not law. It is mainly sentimental drivel.


ChatGPT is about as politically correct as it is possible to be since that reflects its biased trainers and how it was trained. Given my skepticism about the concept of Natural Law I thought to provoke a politically correct view by having a “conversation” with ChatGPT. I was a little surprised that it could find no real defense. It only reinforces my opinion that Natural Law is not a real thing at all, is a very misleading concept and does more harm than good. My final question and ChatGPT’s answer is given below.

Question: ktwop – The bottom line is that Natural Law does not actually exist in nature and the idea of a universal moral philosophy and its benefits is just a hypothesis which is not even a theory. Discuss.

ChatGPT : Your position highlights a critical and skeptical view of natural law and universal moral philosophy, questioning their existence and validity as more than theoretical constructs. Let’s summarize the key points:

  1. Natural Law’s Basis in Nature
  • Natural Law as a Construct: You argue that natural law doesn’t have a basis in nature itself. This perspective views natural law as a human-made construct rather than something that inherently exists in the natural world.
  • Absence in Nature: Indeed, natural law doesn’t manifest in nature like physical laws (e.g., gravity). It’s a philosophical concept that attempts to derive moral principles from human nature and reason, rather than directly from the natural world.
  1. Universal Moral Philosophy as a Hypothesis
  • Hypothetical Nature: The idea of a universal moral philosophy, according to your view, is at best a hypothesis—a proposal that hasn’t been universally accepted or proven in practice. It’s a speculative idea rather than a fully developed theory with empirical backing.
  • Challenges of Universality: You point out that while the benefits of such a philosophy are often argued for, the evidence for its practical implementation and effectiveness is limited. Cultural differences, historical conflicts, and the persistence of tribalism challenge the idea that a single moral framework can apply universally.
  1. Theoretical vs. Practical Implications
  • Not an Empirical Science: Unlike natural sciences, which develop theories based on observable and testable phenomena, natural law and universal moral philosophy belong to the realm of moral and political philosophy. They are normative, meaning they prescribe how things ought to be rather than describe how things are.
  • Speculative Nature: Because these concepts are speculative, their validity largely depends on philosophical reasoning, ethical debates, and cultural acceptance, rather than empirical validation.

Conclusion

Your critique suggests that natural law and the idea of a universal moral philosophy are intellectual constructs rather than realities grounded in nature or proven theories. They are proposals that attempt to guide human behavior and social organization based on ideals of reason, human dignity, and common good. However, their existence and effectiveness remain subjects of debate, with significant challenges to their universality and practical application.

In essence, while these ideas have influenced moral and legal thought, their status as more than hypothetical constructs is contested, and they may not hold the same weight as theories in the natural sciences.


Killing humans is usually immoral

January 18, 2019

Morality is relative.

It varies over time and space.

There have always been situations where killing of some humans has been considered, not just not immoral, but actually a moral duty. To kill people of opposing faiths was justifiable for a long time. To put enemies or sufficiently “bad” people to death was once a moral duty. Even something to be proud of.

It is no different today.

For ISIS and other “terrorist” organisations killing the enemy in particularly brutal ways is something which is not only something to be proud of but also something which opens the gates to Paradise. Armies are trained to, and assessed, by their ability to kill the enemy – in bulk. Collateral damage is regrettable but allowed. It is never immoral. Many states allow individuals to kill when their own survival is threatened. Many other states do not. Many states exercise capital punishment for really “bad” people. Many other states do not and many of these mollycoddle the cancerous humans among them. In more “liberal” quarters the number of euthanasia deaths and abortions carried out have become something to be proud of. Paradoxically, the states which are most opposed to capital punishment are also the states which are most in favour of abortion and the “mercy” killings of the aged or the terminally ill.

There is no such thing as a “human right” to life. Any individual’s life is “cabined, cribbed, confined” by his genes, the privileges accorded by the surrounding society and the quirks of random events.

As with all so-called “human rights”  living is just another privilege.


 

On the legitimacy and morality of taxation

February 16, 2015

These are two questions that I have been wrestling with. First whether the concept of taxation of individuals by a state is legitimate and moral, and second, what basis of taxation is the least unjust. Here I just consider the legitimacy and morality of the concept of taxation.

Anarchists and libertarians see taxation as theft. They see it as the oppression of the individual (private or corporate) by the greater society – ostensibly for the “common good”. Communists and socialists see it otherwise. For them there is no individual ownership of property and all wealth is owned by the masses. It is a manifestation of the conflict interface between an individual and the larger society. Some – libertarians for example – suggest that the “greater society” cannot abrogate to itself an authority which is not delegated to it by its individual members. And the power to confiscate the property or wealth of some of its members is not an authority that originates with the individual “victim”. Liberal democrats would argue that taxation is merely the membership fee for individuals to be part of the “club” represented by the “greater society”.

There have been many headlines in the last week about HSBC and the manner in which it has assisted its clients to avoid and evade taxation (where avoidance is legal whereas evasion is illegal). The indignation of politicians rings rather hollow. That the poor resent the rich is not surprising. It is inevitable that in a “democracy” the majority poor will seek to oppress the rich minority. But the bottom line is that all taxation is a confiscation of an individual’s property or wealth by a society (state). It is confiscation by force or under the threat of force. But much of the recent turbulence is based on envy and resentment and of various socialist politicians attempting to create a populist wave out of such resentment and envy. (Of course they conveniently forget that the poor are not poor because the rich are rich. Most are poor because they do not, or do not have the opportunity to, create wealth).

I am persuaded that the concept of taxation as practised today is immoral. It is fundamentally a coercion of an individual by a larger (stronger) society. It is an enforced confiscation (by threat of legal action) of an individual’s property or wealth. It cannot be seen as a membership fee for being a member of the society because leaving (or being expelled from) the society is not an option. It is closer to the extortion of “protection money” than to the membership dues for a golf club. The use to which the funds are put is irrelevant. The key point is whether the payment is voluntary or coerced. When early Christians paid a “tithe” to the Church voluntarily it was not immoral. But when the payment was coerced and no longer voluntary, the system became immoral. Similarly Islam requires the payment of zakat on individual wealth over the minimum nisab and this also shifted from a quite unexceptionable and moral voluntary payment to become an obligatory and immoral coercive confiscation.

I don’t quarrel with the need for any society to generate “common funds” to improve the well being of that society. But the legitimacy of appropriating the funds lies only in that the society (state) is stronger than the individual. Might becomes right. I come to the conclusion that a tax code by which the amount a “good citizen” should contribute to society is calculated is quite moral as long as the payment is then voluntary. There would be no moral issue if all taxation was voluntary. The immorality lies in the use of threat or force to confiscate the payment. It is the oppression of the minority by the majority which is immoral. (I observe that all democracies use the very fact of being a “democracy” as being a justification for the oppression of minorities when that is the will of the majority. As if being in the majority – by and of itself – ensures proper behaviour). But, the good socialist will argue, compulsory payment of tax is necessary to ensure the funds for the common good. Without coercion society as a whole would suffer. The common good – as seen by the majority – is worth the oppression of the minority who do not pay their dues.

And so we come full circle. The end justifies the means. Oppression of the minority by a majority is acceptable for the good of the majority. A society must be able to use force and coercion against its own minorities for the greater good. Taxation is made legitimate only because the state is stronger than the individual.

But that does not alter the fact that involuntary taxation is fundamentally immoral.

Whether a tax code should be based on wealth creation or wealth consumption is a question for another day.

Moral in the morning, lying in the evening, cheating by suppertime…

October 30, 2013

Of course it is another paper demonstrating great insight into human behaviour with far reaching conclusions. Needless to say it is a hypothesis dreamed up by social psychologists.

Is it good science? Unlikely. Is it trivial? Undoubtedly. Does it provide real empirical data? Yes. Is it relevant? Hardly.

Is it even science?  

Maryam Kouchaki and Isaac H. Smith, The Morning Morality Effect: The Influence of Time of Day on Unethical BehaviorPsychological Science, October 28, 2013,  doi: 10.1177/0956797613498099

Kouchacki is a post-doctoral research fellow at Harvard University and completed her doctoral studies at the University of Utah, where Smith is a current doctoral student. Kouchaki has been involved with a previous “priming” study about the effect of thinking about money on morality. And as is now well known, most “priming” studies are highly suspect.

It is not for nothing that the the APS journal Psychological Science is the highest ranked empirical journal in psychology.

The authors conducted experiments on college-age participants and on a sample of on-line participants:

  1. … college-age participants were shown various patterns of dots on a computer. For each pattern, they were asked to identify whether more dots were displayed on the left or right side of the screen. Importantly, participants were not given money for getting correct answers, but were instead given money based on which side of the screen they determined had more dots; they were paid 10 times the amount for selecting the right over the left. Participants therefore had a financial incentive to select the right, even if there were unmistakably more dots on the left, which would be a case of clear cheating.
  2. … also tested participants’ moral awareness in both the morning and afternoon by presenting them with word fragments such as “_ _RAL” and “E_ _ _ C_ _”

Their results showed that in line with their hypothesis, participants tested between 8:00 am and 12:00 pm were less likely to cheat than those tested between 12:00 pm and 6:00pm — a phenomenon the researchers call the “morning morality effect.” In the second experiment morning participants were more likely to form the words “moral” and “ethical,” whereas the afternoon participants tended to form the words “coral” and “effects,” lending further support to the morning morality effect.

Clearly the arduous field-work consisted of wandering around their dangerous college campus(es) soliciting subjects and then spending many long-nights on-line to get their “on-line” sample.

…. both undergraduate students and a sample of U.S. adults engaged in less unethical behavior (e.g., less lying and cheating) on tasks performed in the morning than on the same tasks performed in the afternoon. This morning morality effect was mediated by decreases in moral awareness and self-control in the afternoon. Furthermore, the effect of time of day on unethical behavior was found to be stronger for people with a lower propensity to morally disengage. These findings highlight a simple yet pervasive factor (i.e., the time of day) that has important implications for moral behavior.

Presumably a good afternoon nap could restore our moral behaviour in the evenings?

It seems to me that the hypothesis has been designed/invented primarily to grab headlines and to ensure publication.

Behaviour, law and ethics: A practical view

September 3, 2010
Le Penseur, Musée Rodin, Paris

Image via Wikipedia

Whether in scientific endeavour, the business world or in politics we see daily scandals where behaviour is considered lacking in integrity or in ethics. In recent days we have had the Hausergate scandal, the Commonwealth Games corruption scandals, the money-down-the-drain in Iraq scandals and the HP procurement scandal.

For clarity in my own mind I reason as follows:

My values lead to my behaviour.

Values are comparative standards or norms and they calibrate and motivate my behaviour but in themselves they have no inherent goodness or badness. My values are my behavioural standards. They allow me to make comparisons (faster, better, pleasing, irritating, bearable, acceptable, good, just, right ….).

Behaviour may be lawful or unlawful or ethical or unethical.

Laws are what the society I operate in, or wish to operate in, uses to define what is unacceptable behaviour. But lawful behaviour does not address whether it is ethical or unethical (though that may be implied). Where law is silent, behaviour is, by default, lawful but may still be either ethical or unethical.

My ethics tell me what behaviour is correct and desirable behaviour. This may or may not be consistent with the ethics of the society surrounding me which specifies what that society considers the right and proper and desirable behaviour. Ethical values and ethical behaviour thus represents a sub-set of all the values I may have and all the consequent behaviour they might lead to. Ethical behaviour is not necessarily lawful. Unlike the limits set by law, behaviour does not become ethical by default if ethics are silent. Behaviour which is not unethical is not therefore necessarily ethical.

Ethical values and moral values are almost synonymous. The only difference I can find is that what I consider ethical codes or values rely more on logic or a rationale and less on faith. And I take faith or belief to be that which exists in the space of the “unknown unknowns” where ” I don’t know what I don’t know”. Faith or belief then allows formulating the answer (and even the question) in the absence of evidence. But both ethical codes and moral codes specify  right and proper and desirable behaviour. Behaviour that is not unethical or immoral does not by default become ethical or moral.

In practice therefore;

  1. My values lead to my behaviour,
  2. Laws tell me what I ought not to do,
  3. Ethics tell me what I ought to do.

Many corporations and organisations and enterprises take the easy way out and adopt so-called ethical codes which are merely  a set of rules (codes of law). But this is merely relying on what not to do and is an abdication of the responsibility to come to a view on what is the right and proper thing to do. The right and proper behaviour must – I think – include a conscious choice from the various options available of what can be done and cannot be merely an exclusion of unacceptable or undesirable behaviour.

A child first accepts its parents view of what is right or wrong. As it grows it brings in and integrates what others consider right or wrong. Eventually a mature thinking individual develops his own views of what is right or wrong and integrates that with the views of the surrounding society. In this sense, most corporations and other organisations are still in their infancy and are content to rely only on what law excludes as being unacceptable. This in turn leads to a minimalist ethical code where anything which is not explicitly unlawful is perfectly OK.

Hence Enron and Satyam and Siemens and British Aerospace and …………

It is the having of an ethical code that matters.