Wednesday, November 15, 2023

On Legislating Kindness

If kind, other-centred behaviour isn't entirely natural to us, then should it be legislated (more than it already is)?


Many old timey philosophers agree that happiness is predicated on an increase in pleasure and decrease in pain, and that just seem like common sense. Yet all too often the choices we make don’t lead towards our intended outcome of increased pleasure; instead, we make choices that lead us towards misery. We want a clean world, but we drive everywhere. We want a strong uptown core, but we don’t stop shopping at Wal-Mart. We want civilization to continue with beautiful nature to hike in and plentiful conveniences, but we're definitely not about to stop using fossil fuels or eating beef. 

Plato might say our problem is that we don’t have the skill of measurement, and he'd call for better education. Epicurus called the same thing a lack of prudence, and he ditched the city to live in a garden with a careful selection of friends. And B.F. Skinner would agree that our immediate reinforcers or punishers seem much larger than distant rewards and punishments. It all boils down to a society full of people making poor choices. Most of us. There are some people who measure well because they seem to just care more about making wise decisions while the rest can’t be bothered to worry about long-term consequences. I think what makes the difference between those that measure well and those that don’t isn’t so much a skill they learned, but a personal disposition they inherited.

Which mean it's a fools errand to try to teach it.

Most of the ancients insist that a citizen of any intelligence will prefer the joys of contemplation; the sensuous entertainments are for the "vulgar". At all ages in the western world it seems that there were a multitude of "vulgar" with a minority advocating for following the letter of the law, and then the rare few advocating for a higher understanding. But I wonder if we can be so quick to judge what different people enjoy; I think which of these three dispositions we align with is largely innate. 

We are comfortable judging traits that we think are changeable, things like sloppiness or friendliness. We assign blame or praise for the actions associated with these characteristics. But we refrain from judgment of traits that are genetically determined: height, race, or gender. We might criticize someone for throwing like a girl (if we're willing to take on some feminist wrath) but typically not criticize her for being a girl as it’s largely unalterable. Since the genome project began, there are traits that were once seen as a choice and now are viewed more often as unalterable. Psychologists typically, hopefully, no longer try to convince gay men to go straight. Alcoholism is somewhat genetically predictable. And more recent studies are insisting weight has less to do with diet than DNA. These are at once comforting and disempowering. It's not my fault, yet then it's also not entirely within my control, if at all.

I think that what we find pleasurable, what makes us happy, is determined by the axis of two specific dispositions: conscience and drive. 

First, our conscience. At one end of the scale sit people with anti-social personality disorder. They have no natural desire towards kindness unless it otherwise benefit them. If they want to get the privileges of freedom they can be trained to keep from harming others to avoid punishments, or they might just continue to harm and learn to avoid getting caught. But being kind just doesn't give them that warm-all-over glow. It's annoying for them, a drudgery. At the other end of the scale is the Mother Theresa type. They have a total and profound desire to act for the sake of others.

Regardless of the innate predisposition towards kindness or cruelty, we still have the free will to act against our basic personality. A psychopath could choose to be kind, and a saint could choose to sell medical supplies for beer money, but these behaviours, while possible, wouldn’t make either happy. What makes them happy is not within their control.

Most of us are in the middle of these two ends. Personally, knowing the destruction consumerism takes on the environment or about specific companies that are exploiting or otherwise harming people, I avoid shopping, and shop carefully when necessary. But I will happily drive four hours to a cabin for yet another weekend away. The twinge of guilt I might feel about the amount of pollution I'm creating is no match for the enjoyment of the trip. And since I almost never drive, and I just bought my first ever car just a few years ago, I can continue to foster and be praised for the illusion of extraordinary environmentalism, falling into the trap of loving honour more than loving the Good. I can be good to the environment worldwide, then add to the air pollution in my own province. I know what's right, what I should do, but I'm happy to add some future misery to my world. This is a complex continuum that dictates how happy we can be harming others, refraining from harm, and actively helping others.

Second for consideration is our drive, how much pleasure we get from our efforts, from hard work. This is alluded to by Mill (and earlier by Nietzsche) in his acknowledgment that pleasure can come from excitement or tranquility. Those who prefer excitement are more willing to accept some pain in order to get a higher intensity of pleasure. They’ll work for their joys which could encompass anything from the struggle to get up the side of a mountain to the physical pain of falling repeatedly trying to learn new skateboard tricks to the mental angst of struggling to understand a complex film or song. They get a rush from the challenge. They set their sights higher, but take a chance at greater disappointment or even death. People content with tranquility want less pain for their pleasures. They aim for security over intensity. They might prefer simpler, more mainstream art forms, and easier pastimes that are safe and effortless to enjoy, unable to grasp others’ intentional choice to actually be harmed for fun.

This continuum might also be useful for understanding relationships. The high drive type might be willing to tolerate, or enjoy even, arguments for the sake of a greater depth or intensity of relationship, and, like existentialists, call their trials with knowledge of the self and other authenticity, and take, as a reward of sorts, a stance of superiority over those who can live without the angst. The more tranquil might lean towards a pleasant, low maintenance relationship, content with trivial discourse, careful not to rile anyone up with pointed questions. This type might be considered painfully dull by a someone seeking greater intensity. Some philosophies, like Taoism, suggest we should be able to see all people as equally valuable and interesting. But the Tao may not be a philosophy for the driven.

The axis of these two innate behaviours, and some very generalized personality derivatives, might look something like this:


Weak ConscienceStrong Conscience
Low Drive (lazy)hedonist kind when it's convenient
High Drive  (motivated)criminal / CEO activist 

The generally kind person will avoid harming and try to help when it’s convenient. They’ll donate money if you come to their door, but they won’t go out of their way to learn about your cause or rally with you. The hedonist will take what they can as it comes their way. They’ll make just enough cash to get drunk on the weekend. The criminal group (including some CEOs) will work hard towards increasing their own profits regardless of harm it might cause others. And the activists will work hard to try to change the world and fire up all the others groups.

I won’t hazard a guess at the number of people that fit each category except to suggest that the high drive, strong conscience group is in the minority. That it used to be difficult to get the majority of students in my eco-club, possibly the most environmentally concerned students in the school, to bring garbageless lunches once a week, supports this suggestion. Of course they care, but only if the tasks are relatively effortless.

There are two implications to this position: if what makes us happy is out of our control, then it can’t be judged nor altered. But we do praise Mother Theresa regardless how much joy she happens to get from her acts. And even if we might feel a bit bad for a heartless killer with a troubled past, we do condemn a psychopath even if he’s unable to change. Like having an alcoholic co-worker who's constantly late for work, because we can understand why he acts in a manner that harms others, we can better understand his actions, but this understanding doesn’t excuse the behaviours.

It's just a chance luck-of-the-draw whether we’re born to enjoy harming or helping, but society can only survive if we chastise harm. We can look down on the corporate executive that exploits enslaved labour because he’s making a buck off their backs. It may not be his fault that this is what gives him pleasure, but it’s just unfortunate for him that his pleasure is not entirely applauded by our culture – well, by the few that care and have the will to mention it. And the Mother Theresas of the world are just lucky that what they enjoy brings honour. It’s similar to our aesthetic appeal to others. It’s genetically determined, but we still bear the burden that comes with our appearance for better or worse. Life isn’t fair.

But what’s worse is the second implication: that if what brings us pleasure isn’t controllable, and therefore can’t be altered, then it’s not possible to teach people to care about their actions, nor to motivate them to work for the benefit of the world. The activists can only create concern by making concern personally profitable, or by creating legislation that punishes exploitation harshly. And they can only motivate by making changes convenient for people, more convenient than the system they’re already used to. If we really want people to drive less, we need busses to stop right outside their doors and be free of charge. If we want staff and students to compost, we have to walk by their food-filled hands with a green bucket at the ready.

We've known about the threat of climate change for over a century, but it's never been, and never will be immediately profitable to change course. 

And it's way too late to make N95s a fashion statement, so even making them free and easy to access won't be enough for people to put them on their face. That ship has sailed. I think they won't be legislated by weak-willed politicians either, and people won't wear them voluntarily until someone in their immediate family dies or becomes overtly disabled. We had a window to use all the tactics at once to provoke a major behavioural change, but instead we demonized protections to save profits.  

For the activists, being happy and being virtuous is the same thing, and these are impossible times. For the criminals, it’s the opposite. They can only be moral or happy. The former group gets the honour, but sometime not until long after they've been tortured and died for their efforts. The latter gets the cash and parties and so many friends. Are we sure we're the most rational species? We're on a path towards fewer regulations and more freedom, which helps to protect corporations and governments from litigation. Without rules that enforce right action, things will go very wrong.  

No comments: