Was Kavanaugh Guilty?

No, I am not going to answer the question. This post will illustrate and argue for a position that I have argued many times in the past, namely that belief is voluntary. The example is merely particularly good for proving the point. I will also be using a framework something like Bryan Caplan’s in his discussion of rational irrationality:

Two forces lie at the heart of economic models of choice: preferences and prices. A consumer’s preferences determine the shape of his demand curve for oranges; the market price he faces determines where along that demand curve he resides. What makes this insight deep is its generality. Economists use it to analyze everything from having babies to robbing banks.

Irrationality is a glaring exception. Recognizing irrationality is typically equated with rejecting economics. A “logic of the irrational” sounds self-contradictory. This chapter’s central message is that this reaction is premature. Economics can handle irrationality the same way it handles everything: preferences and prices. As I have already pointed out:

  • People have preferences over beliefs: A nationalist enjoys the belief that foreign-made products are overpriced junk; a surgeon takes pride in the belief that he operates well while drunk.
  • False beliefs range in material cost from free to enormous: Acting on his beliefs would lead the nationalist to overpay for inferior goods, and the surgeon to destroy his career.

Snapping these two building blocks together leads to a simple model of irrational conviction. If agents care about both material wealth and irrational beliefs, then as the price of casting reason aside rises, agents consume less irrationality. I might like to hold comforting beliefs across the board, but it costs too much. Living in a Pollyanna dreamworld would stop be from coping with my problems, like that dead tree in my backyard that looks like it is going to fall on my house.

Let us assume that people are considering whether to believe that Brett Kavanaugh was guilty of sexual assault. For ease of visualization, let us suppose that they have utility functions defined over the following outcomes:

(A) Believe Kavanaugh was guilty, and turn out to be right

(B) Believe Kavanaugh was guilty, and turn out to be wrong

(C) Believe Kavanaugh was innocent, and turn out to be right

(D) Believe Kavanaugh was innocent, and turn out to be wrong

(E) Admit that you do not know whether he was guilty or not (this will be presumed to be a true statement, but I will count it as less valuable than a true statement that includes more detail.)

(F) Say something bad about your political enemies

(G) Say something good about your political enemies

(H) Say something bad about your political allies

(I) Say something good about your political allies

Note that options A through E are mutually exclusive, while one or more of options F through I might or might not come together with one of those from A through E.

Let’s suppose there are three people, a right winger who cares a lot about politics and little about truth, a left winger who cares a lot about politics and little about truth, and an independent who does not care about politics and instead cares a lot about truth. Then we posit the following table of utilities:

Right Winger
Left Winger
Independent
(A)
10
10
100
(B)
-10
-10
-100
(C)
10
10
100
(D)
-10
-10
-100
(E)
5
5
50
(F)
100
100
0
(G)
-100
-100
0
(H)
-100
-100
0
(I)
100
100
0

The columns for the right and left wingers are the same, but the totals will be calculated differently because saying something good about Kavanaugh, for the right winger, is saying something good about an ally, while for the left winger, it is saying something good about an enemy, and there is a similar contrast if something bad is said.

Now there are really only three options we need to consider, namely “Believe Kavanaugh was guilty,” “Believe Kavanaugh was innocent,” and “Admit that you do not know.” In addition, in order to calculate expected utility according to the above table, we need a probability that Kavanaugh was guilty. In order not to offend readers who have already chosen an option, I will assume a probability of 50% that he was guilty, and 50% that he was innocent. Using these assumptions, we can calculate the following ultimate utilities:

Right Winger
Left Winger
Independent
Claim Guilt
-100
100
0
Claim Innocence
100
-100
0
Confess Ignorance
5
5
50

(I won’t go through this calculation in detail; it should be evident that given my simple assumptions of the probability and values, there will be no value for anyone in affirming guilt or innocence as such, but only in admitting ignorance, or in making a political point.) Given these values, obviously the left winger will choose to believe that Kavanaugh was guilty, the right winger will choose to believe that he was innocent, and the independent will admit to being ignorant.

This account obviously makes complete sense of people’s actual positions on the question, and it does that by assuming that people voluntarily choose to believe a position in the same way they choose to do other things. On the other hand, if you assume that belief is an involuntary evaluation of a state of affairs, how could the actual distribution of opinion possibly be explained?

As this is a point I have discussed many times in the past, I won’t try to respond to all possible objections. However, I will bring up two of them. In the example, I had to assume that people calculated using a probability of 50% for Kavanaugh’s guilt or innocence. So it could be objected that their “real” belief is that there is a 50% chance he was guilty, and the statement is simply an external thing.

This initial 50% is something like a prior probability, and corresponds to a general leaning towards or away from a position. As I admitted in discussion with Angra Mainyu, that inclination is largely involuntary. However, first, this is not what we call a “belief” in ordinary usage, since we frequently say that someone has a belief while having some qualms about it. Second, it is not completely immune from voluntary influences. In practice in a situation like this, it will represent something like everything the person knows about the subject and predicate apart from this particular claim. And much of what the person knows will already be in subject/predicate form, and the person will have arrived at it through a similar voluntary process.

Another objection is that at least in the case of something obviously true or obviously false, there cannot possibly be anything voluntary about it. No one can choose to believe that the moon is made of green cheese, for example.

I have responded to this to this in the past by pointing out that most of us also cannot choose to go and kill ourselves, right now, despite the fact that doing so would be voluntary. And in a similar way, there is nothing attractive about believing that the moon is made of green cheese, and so no one can do it. At least two objections will be made to this response:

1) I can’t go kill myself right now, but I know that this is because it would be bad. But I cannot believe that the moon is made of green cheese because it is false, not because it is bad.

2) It does not seem that much harm would be done by choosing to believe this about the moon, and then changing your mind after a few seconds. So if it is voluntary, why not prove it by doing so? Obviously you cannot do so.

Regarding the first point, it is true that believing the moon is made of cheese would be bad because it is false. And in fact, if you find falsity the reason you cannot accept it, how is that not because you regard falsity as really bad? In fact lack of attractiveness is extremely relevant here. If people can believe in Xenu, they would find it equally possible to believe that the moon was made of cheese, if that were the teaching of their religion. In that situation, the falsity of the claim would not be much obstacle at all.

Regarding the second point, there is a problem like Kavka’s Toxin here. Choosing to believe something, roughly speaking, means choosing to treat it as a fact, which implies a certain commitment. Choosing to act like it is true enough to say so, then immediately doing something else, is not choosing to believe it, but rather it is choosing to tell a lie. So just as one cannot intend to drink the toxin without expecting to actually drink it, so one cannot choose to believe something without expecting to continue to believe it for the foreseeable future. This is why one would not wish to accept such a statement about the moon, not only in order to prove something (especially since it would prove nothing; no one would admit that you had succeeded in believing it), but even if someone were to offer a very large incentive, say a million dollars if you managed to believe it. This would amount to offering to pay someone to give up their concern for truth entirely, and permanently.

Additionally, in the case of some very strange claims, it might be true that people do not know how to believe them, in the sense that they do not know what “acting as though this were the case” would even mean. This no more affects the general voluntariness of belief than the fact that some people cannot do backflips affects the fact that such bodily motions are in themselves voluntary.

Beyond Redemption

While discussing the nature of moral obligation, I raised this objection to an Aristotelian account of ethics: if the “obliging” or “ought” part of moral claims simply means that it is necessary to do something for the sake of an end, then someone who does not desire the end does not need the means, or in other words, such people will be exempt from moral obligations.

I would not argue that this argument is completely false. In the last three posts,  I responded to the argument that Aristotelian ethics is too flexible, not by saying that it is not flexible, but by saying that it is right in being flexible. In a similar way, I do not deny that the above argument about means and end follows in some way. But the way in which it follows is not so unfitting as is supposed.

In Plato’s Meno, Socrates argues that all men desire the good, and that no one desires evil:

Soc. Well then, for my own sake as well as for yours, I will do my very best; but I am afraid that I shall not be able to give you very many as good: and now, in your turn, you are to fulfil your promise, and tell me what virtue is in the universal; and do not make a singular into a plural, as the facetious say of those who break a thing, but deliver virtue to me whole and sound, and not broken into a number of pieces: I have given you the pattern.

Men. Well then, Socrates, virtue, as I take it, is when he, who desires the honourable, is able to provide it for himself; so the poet says, and I say too-

Virtue is the desire of things honourable and the power of attaining them.

Soc. And does he who desires the honourable also desire the good?

Men. Certainly.

Soc. Then are there some who desire the evil and others who desire the good? Do not all men, my dear sir, desire good?

Men. I think not.

Soc. There are some who desire evil?

Men. Yes.

Soc. Do you mean that they think the evils which they desire, to be good; or do they know that they are evil and yet desire them?

Men. Both, I think.

Soc. And do you really imagine, Meno, that a man knows evils to be evils and desires them notwithstanding?

Men. Certainly I do.

Soc. And desire is of possession?

Men. Yes, of possession.

Soc. And does he think that the evils will do good to him who possesses them, or does he know that they will do him harm?

Men. There are some who think that the evils will do them good, and others who know that they will do them harm.

Soc. And, in your opinion, do those who think that they will do them good know that they are evils?

Men. Certainly not.

Soc. Is it not obvious that those who are ignorant of their nature do not desire them; but they desire what they suppose to be goods although they are really evils; and if they are mistaken and suppose the evils to be good they really desire goods?

Men. Yes, in that case.

Soc. Well, and do those who, as you say, desire evils, and think that evils are hurtful to the possessor of them, know that they will be hurt by them?

Men. They must know it.

Soc. And must they not suppose that those who are hurt are miserable in proportion to the hurt which is inflicted upon them?

Men. How can it be otherwise?

Soc. But are not the miserable ill-fated?

Men. Yes, indeed.

Soc. And does any one desire to be miserable and ill-fated?

Men. I should say not, Socrates.

Soc. But if there is no one who desires to be miserable, there is no one, Meno, who desires evil; for what is misery but the desire and possession of evil?

Men. That appears to be the truth, Socrates, and I admit that nobody desires evil.

In a similar way, St. Thomas says that all desire happiness in general, even if not according to its specific account:

I answer that, Happiness can be considered in two ways. First according to the general notion of happiness: and thus, of necessity, every man desires happiness. For the general notion of happiness consists in the perfect good, as stated above (3,4). But since good is the object of the will, the perfect good of a man is that which entirely satisfies his will. Consequently to desire happiness is nothing else than to desire that one’s will be satisfied. And this everyone desires. Secondly we may speak of Happiness according to its specific notion, as to that in which it consists. And thus all do not know Happiness; because they know not in what thing the general notion of happiness is found. And consequently, in this respect, not all desire it.

Of course there is something circular about desiring “that one’s will be satisfied,” because this means that there is something that one already wills. And according to what St. Thomas says here, that thing would be “the good” as the object of the will, and in particular “the perfect good.” So just as Socrates affirms that all desire the good and no one desires evil, so St. Thomas affirms that all desire the perfect good.

In this sense, we could argue that the original argument is moot, because all desire the end. Consequently all must choose the means which are necessary for the sake of the end, and thus no one is exempt from moral obligations.

This response is correct as far as it goes, but it is perhaps not a sufficiently complete account. While discussing expected utility theory, I pointed out that the theory assigns value only to events or situations, and not to actions or choices as such. We looked at this same distinction more directly in the post on doing and making. The fact of this distinction implies that occasionally it can happen that “doing good” and “causing good” can appear to come apart. Thus it might seem to me in a particular case that the world will be better off as a whole if I do something evil.

St. Paul discusses this idea:

But if our injustice serves to confirm the justice of God, what should we say? That God is unjust to inflict wrath on us? (I speak in a human way.) By no means! For then how could God judge the world? But if through my falsehood God’s truthfulness abounds to his glory, why am I still being condemned as a sinner? And why not say (as some people slander us by saying that we say), “Let us do evil so that good may come”? Their condemnation is deserved!

The idea is that God brings good out of the evil that we do, as for example in this case by manifesting the justice of God. But this suggests that the world is better off on account of the evil that we do. And someone might argue that it follows that we are not doing evil at all. St. Paul’s response is that “their condemnation is deserved.” It is not entirely evident whether he refers to people who do evil so that good may come, or to the people who assert that this is St. Paul’s position.

But either way, one thing is clear. “Doing evil so that good may come” is doing evil, not doing good; that is simply a tautology. And this is true even if good actually comes from it, and even if the world is better off as a whole when someone does evil.

This implies a difficulty for Socrates’s argument that everyone must desire good. For sometimes one good thing comes into conflict with another, so that both good and evil are present. And in that situation, a person may desire something which is evil, knowing it to be evil, but not because it is evil, but on account of the conjoined good. In the case we are considering, that would mean that someone might desire to do evil, not because it is doing evil, but still knowing that it is doing evil, on account of the good that comes from it. And it seems clear that this sometimes happens.

To the extent that someone does this, they will begin to become evil, in the sense and manner that this is possible, because they will begin to have an evil will. Of course, their will never becomes perfectly evil, because they only wish to do evil for the sake of good, not for the sake of evil, and presumably without that motivation they would still prefer to do good. Nonetheless, just as in other matters, a person can become accustomed to seeking one kind of good and neglecting another, and in this matter, the person becomes accustomed to seeking some good in the world, while neglecting his own good as a person.

Pope Benedict XVI, quoted in the linked post of the goodness of the will, speaks of the limit of such a process:

There can be people who have totally destroyed their desire for truth and readiness to love, people for whom everything has become a lie, people who have lived for hatred and have suppressed all love within themselves. This is a terrifying thought, but alarming profiles of this type can be seen in certain figures of our own history. In such people all would be beyond remedy and the destruction of good would be irrevocable: this is what we mean by the word Hell.

It is likely an exaggeration to suggest that a person can become so evil, in this sense, that it is literally impossible for them to return to goodness, so that “the destruction of good would be irrevocable.” Bad habits are acquired by individual actions, and it is presumably possible in principle for a person to acquire the opposite habits by an opposite series of actions. But it might be the case that for a few people, such a return is only a theoretical possibility, and not a reasonable possibility in practice.

But let us assume a case where it is entirely impossible. Pope Benedict points to the Catholic doctrine of hell as illustrating this case. Satan and the damned, in this sense, would be understood to be irrevocably evil. There is no way for them to return to the good.

And this is the case that we need to consider in order to consider the force of the original objection. Are Satan and the damned thought to be exempt from moral obligation? In a significant sense, they are. No one would bother himself about the fact that Satan is not repenting and doing good; the horror is precisely that this is impossible. Satan does not choose the means, a life of virtue, precisely because he is no longer interested in the end, at least not in any relevant sense.

The very extremity of this example shows that the objection is not so problematic after all. It would not apply to a real person unless they had already descended to a condition far below the human one. Real people continue to maintain some interest in good, and in doing good, no matter how much evil they do, and thus morality is relevant to them. Thus for example even serial killers sometimes express a certain amount of remorse, and show that they wish they could have had other desires and lived better lives.

Finally, even for someone unchangeably evil, doing evil remains doing evil, since the notion of the good comes before the notion of moral obligation.  But it is true that obligations as such would become irrelevant to them.