My brand of conservatism is personalist, which may help explain why I find myself at loggerheads with those on the so-called 'Alternative Right.' And my brand of personalism is conservative which may help explain why I look askance at libertarianism and at 'mainstream conservatism' to the extent that the latter is libertarian and insufficiently attentive to the importance of national sovereignty and the right of a nation to preserve its culture from dilution and indeed subversion. The libertarian overemphasizes the economic. He is followed in this by the mainstream conservative. The alt-rightist rightly resists this overemphasis but runs the risk of falling into an excessive and morally obnoxious particularism. One form this particularism takes is in the alt-right's anti-egalitarianism. See here:
The Alt Right is anti-equalitarian. It rejects the idea of equality for the same reason it rejects the ideas of unicorns and leprechauns, noting that human equality does not exist in any observable scientific, legal, material, intellectual, sexual, or spiritual form.
We are being told that there is no non-trivial sense in which human beings are equal. This, I take it, is a characteristic and defining Alt Right claim to which I oppose the Trad Right thesis that there is a sense in which all human beings are equal, namely, as persons. I suspect that this may be the main difference between the Alt and the Trad versions of conservatism. Or if not the main difference, then an important one.
But my concern is not to oppose the Alt Right, whatever exactly it is supposed to be, but to defend the thesis that human beings are equal, not as animals in nature, but as persons. Here, as elsewhere, my aim is clarity, not agreement. Agreement is out of reach, but clarification of differences is an achievable and worthwhile goal.
Empirical Inequality is a Fact
Empirical inequality cannot be denied: by the various empirical measures there is plenty of inequality among individuals and groups. (Trivial example: men on average are taller than women. Height is an example of an empirically measurable attribute.) So if human beings are taken solely in their empirical and material natures, or if human beings are nothing more than material beings, then talk of the equality of all human beings is either false or trivial. (That all human beings are equal in that they all have been born at or near the surface of the earth is empirically true, but trivially true.)
Let me make a couple more pedantic points just to make sure that the issue is clear. That we are not all empirically equal is of course consistent with two or more of us being equal in some measurable respect or even in all such respects. If it should turn out that Tim and Tom are alike in all empirical respects, that would be consistent with the denial that we are all empirically equal. A second point is that the denial that we are all empirically equally is not a normative, but a factual, claim and as such axiologically neutral. There is no implication that this is a bad, or a good, state of affairs. It is just a fact.
The Question
Given the plain fact of empirical inequality, is there any defensible sense in which human beings could be said to be equal and in possession of equal rights?
Equality is not a Matter of Abstraction
There is a misunderstanding that needs to be squelched at the outset. Talk of the equality of humans as persons does not involve abstraction from all the empirical differences that divide individuals and groups. No doubt there is the concept human being in general which every individual human animal falls under. We arrive at this concept by abstracting from all the differences between individuals to arrive at a determination common to them all. But to speak of persons is not to engage in such an abstraction. It is to refer to the unique subject of experience that each of us is, and to which each one of us can refer using the first-person singular pronoun. That to which I refer when I say 'I' is a unique personal reality, a concrete individual, not an abstraction.
The Concept of Person
A person, then, is a concrete subject of experience. By 'subject,' I don't just mean something that has or supports experiences as in the Aristotelian notion of a substrate or hypokeimenon, but something that is an initiator or enactor or source of experiences. Analogously as rays of light emanate from a light source, 'rays' of intentionality emanate outward from the subject (in the modern sense) toward objects. A person is a subject in both of these ancient and modern senses.
To unpack it a bit: a person is a conscious and thus sentient individual, capable of self-consciousness, possessing feeling and will and memory and the capacity to reason and plan and seek the truth about itself and everything else. I have just limned the concept of person in the descriptive sense of 'person.' We may now add the normative sense. A person in the normative sense is a rights-possessor which, in virtue of having rights, induces in other persons various duties. For example, my right to life induces in you the duty to refrain from taking my life, and your duty derives from my right. In this sense rights and duties are correlative.
Equality of Persons, not of Animals
So when I speak of the equality of persons, that does not mean that all human animals are empirically equal, either as individuals or as groups, which is plainly false, nor does it mean that all human animals are equal just insofar as they are instances of the concept human being. The latter is true of course: each instance of human being is the same as, and equal to, every other such instance qua instance. But while true it misses the point, namely, that each human being is a unique person.
We need to distinguish among: (a) All humans are empirically equal, which is false; (b) All humans are equally instances of the concept human being, which is true but trivial; (c) Each human being is a unique person.
My claim, then, is that we are all equal as persons in the descriptive sense, and therefore all equal in the normative sense. That is, if any one of us is a rights-possessor in virtue of being a descriptive person, then every one of us is a rights-possessor in virtue of being a descriptive person. And all of this regardless of sex, race, age, and any other empirical feature. We are equal as persons even if my will is stronger than yours and my intellect more penetrating. We are equal as persons even if you are more compassionate than me.
The point, then, is that equality is grounded in personhood, not in animal constitution. To clarify this, we need to think some more about the relation of persons and human beings or human animals when the latter are viewed from the angle of the natural sciences of biology and anthropology.
Persons and Human Animals
The above definition of 'person' allows for persons that are not human beings and human beings (genetic humans) that are not persons, as well as persons that are human beings. In the following Venn diagram, A = persons and B = humans. The intersection C represents persons who are human. God, angels, demons, and pre-embodied and disembodied Platonic souls are examples of persons that are not human. They are not human because they are not animals at all, but pure spirits. Also examples of persons that are not human are embodied persons whose personhood is realized in non-human material stuff, e.g. extraterrestrials and persons realized, not in living matter, but in computers. Examples of humans that are not persons, on my definition of 'person,' would be anencephalic human neonates. They would not be persons because of their lack of capacity to develop language and reasoning skills. (For more on the anencephalic business, see Potentiality and the Substance View of Persons, the comments to which were good.) But these anencephalic individuals are nonetheless genetically human as the offspring of human parents.
To repeat, our equality is grounded in our shared personhood despite our considerable empirical differences. Personhood cannot be understood in natural-scientific terms.
I am not commited to saying that we can exist as persons without animal embodiment. I am committed to saying that persons cannot be reduced to animals.
Equality in the Declaration of Independence
The first sentence of the second paragraph of the American Declaration of Independence reads, "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness." Clearly, on a charitable interpretation, what this affirms is not (a) or (b) but something in the vicinity of (c). We are equal as persons, as subjects of experience and as rights-possessors, not as animals in nature. As objects in the natural world having natural and empirically detectable properties, we are obviously not all equal.
Our equality is grounded in our being, not objects in the world, but subjects for whom there is a world. Subjectivity looms large on the personalist conception. It is only as conscious and self-conscious subjects that we are purposive beings who pursue things, including happiness, and have a right to the sort of life that conscious beings enjoy. This is life via intentional acts emanating from a personal center and not life in a merely biological sense. Human living cannot be exhaustively understood biologically, and this despite the plain fact that we are animals in nature.
That empirical equality is not at issue should also be obvious from the talk of a Creator. We are said to be created equal. If we are created equal, but are at the same time plainly unequal empirically speaking, then the respect in which we are created equal cannot be an empirical respect. We are not equal as specimens of a biological species, but equal in some other respect. What respect could that be?
Talk of a creator brings a purely spiritual being, God, into the picture. In the context of Christianity, which is the context in which the Founders operate, that means that we are created in the image and likeness of God. And what that means is that we too are spiritual beings possessing free will and the dignity and worth that comes with it, despite our embodiment in nature.
On this scheme, political equality and equality of rights rest on a metaphysical foundation, namely the metaphysics of persons, where persons are spiritual individuals with a destiny that transcends their animal mortality. We are all equal as creatures of the same Creator.
Interim Conclusion
Our problem was to explain how how humans could be said to equal when they are manifestly unequal empirically speaking. The classical theist will have no trouble answering. We are more than animals. We are spiritual individuals created by God in his image and likeness. As such we are equal in dignity and worth and equal in rights, whether tall or short, white or black of brown or yellow, male or female young or old, etc.
If it is essential to the Alt Right to deny that there is any sense in which humans are equal that is not either false or trivial, then the Alt Right view excludes classical theism and conversely.
An Objection and a Reply
Correspondent Jacques raises the following objection:
Let's agree it's ["All men are created equal"] a normative claim to the effect that all 'persons' have certain 'rights'. What then entitles all of them to these rights? A normative fact like that doesn't float free from all empirical facts. There's got to be some reason why all normal human adults have these rights but chickens or pencils don't, some empirical property of these beings only that generates or confers certain rights. Is it the shared property of being a person? Or the shared property of being human? Something else? I suspect that any of the candidate properties will be either morally irrelevant, even by liberal-leftist standards, or else relevant but distributed so unequally that it will be hard to understand how it could be the basis for 'equal' rights.
This is a fair question. We do not ascribe rights such as a right to life to chickens. We raise them to eat them. We treat them as mere means to our ends, even if we treat them humanely. Why is it morally permissible to eat chickens but not to eat humans? Why is it morally permissible to force animals to work for us but impermissible to enslave humans? What grounds the normative properties?
I agree with Jacques that normativity does not "float free": it needs anchorage in the non-normative. But the non-normative need not be observable by the senses. The non-normative is not equivalent to the empirical. It is open to me to say that the moral impermissibility of eating humans is grounded in the non-normative fact of their being persons in the descriptive sense. Humans are persons while chickens are not; this factual difference grounds the normative difference. It also explains why it is permissible to make a beast of burden of a donkey, but not of a man. I may agree to carry your load, but if you force me to carry it, then you violate my normative personhood which is grounded in my descriptive personhood.
Jacques also asks, "Why should we think there is any suitable empirical basis for the normative claim that 'all men are equal' or that such normative claims could be true regardless of any empirical facts?" I agree that there is no empirical basis for the normative claim. But it doesn't follow that it has no basis. The normative claim has a metaphysical basis in the nature of persons.
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