Author Archives: Russell Blackford - Page 2

Accommodations for religious and family/cultural purposes

I’ve just begun reading Brian Leiter’s new book, Why Tolerate Religion?, about which I’ll doubtless have more to say – here and elsewhere. Meanwhile, I can report that the book is focused on one main topic within the larger field of freedom of religion (and/or secular government). Leiter concentrates on the topic of why we should accommodate religious practices, even if they fall within the terms of prohibitory laws that are religiously neutral and of general applicability.

For those of you who are familiar with my book, Freedom of Religion and the Secular State, Leiter is covering the terrain that I deal with mainly in Chapter 7 (although the issues do come up to an extent elsewhere).

Leiter raises the particular issues that he has in mind by presenting us with the example of a Sikh boy who is required by the canons of conduct of his religion to wear a dagger at all times. Should he be exempt from a generally applicable legal rule, with no religious or anti-religious purpose behind it, that forbids weapons at school? If so, what do we say of a boy of the same age who is required to carry a particular dagger that is a family heirloom: one that has been passed down to him ceremonially as part of a longstanding family custom that is, in turn, well grounded in the local culture? Imagine that Boy A (the Sikh) and his family will suffer about the same amount of emotional distress as Boy B and his family… if they are not exempted from the rule to the necessary extent.

Thus, we assume that the family/cultural custom binding Boy B is very meaningful or emotionally important to Boy B and his family, even though the custom is not enjoined by anything that courts of law would regard as a religion (e.g., the custom is not entangled with beliefs about an otherworldly order, or a transcendent way for human beings to flourish, or ideas of immortality or spiritual salvation, or anything that seems closely analogous to any of these).

Leiter offers a fair bit of detail about the two scenarios to make them seem emotionally about equivalent. Should Boy A be exempt from the rule? Should Boy B be exempt from the rule? Both of them, perhaps? Neither of them?

Leiter hasn’t raised this so far, but who, in a liberal democracy, should decide this issue? The legislature (or someone with delegated authority to create rules with the status of subordinate legislation)? The courts? Someone else?

Please discuss.

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How can you say that if you’re an error theorist?!

Now and then, when I’m involved in discussion of some question of normative ethics or the like, I’ll get a response along the lines of, “How can you say that when you’re an error theorist?!”

Note that large assumptions are being made here. One is that I am, in fact, an error theorist as that is understood in contemporary metaethics. In fact, I tend to use formulations such as that I think moral error theory “has a point”, or that it’s the standard metaethical position that I think is “closest to the truth”, or that I am “attracted” to moral error theory, etc. What I try to avoid doing, though I don’t say I’ve always succeeded (since it’s often necessary to take conversational shortcuts), is to say, outright, “I am a moral error theorist.”

That’s partly because moral error theory has come to mean something quite specific that is not necessarily what J.L. Mackie advocated in the first place, and I don’t necessarily buy a theory quite that specific even though I agree with 90 per cent of what I read in Mackie’s Ethics: Inventing Right and Wrong. I actually prefer to call myself a moral sceptic (or “skeptic” if you prefer), which is a vaguer term that can cover a range of positions.

The difficulty here is that moral error theory has come to mean the claim that all of our first-order moral judgments (or perhaps just a very large sub-set of our standard kinds of first-order moral judgments) are truth-apt but false. The usual way, though by no means the only way, that this result is derived is to begin with the claim that there are no objectively binding behavioural standards or objectively prescriptive moral properties. This is then combined with a semantic claim that first-order moral judgments purport to refer to such standards or properties. For example, it might be that “Torturing babies is morally wrong” means something like “Torturing babies is prohibited by an objectively binding behavioural standard.” Since no such objectively binding behavioural standards exist, “Torturing babies is morally wrong” turns out to be false – in much the same way that “Samantha is a (real) witch” will always turn out to be false because there are no (real) witches in the requisite sense (i.e., no women with supernatural powers, involvement with the devil, etc.).

Even if we think that there are no objectively binding behavioural standards, in the relevant sense, or objectively prescriptive moral properties, in the relevant sense, it does not follow that moral error theory is true. It would only follow that moral error theory is true if we accepted a moral semantics in which first-order moral judgments purport to refer to such non-existent standards, properties, etc. Perhaps we should accept such a moral semantics, but it might get complicated. And of course there are notoriously analyses of moral language that do not require any such semantics – non-cognitivist analyses, moral naturalist analyses, relativist analyses of various kinds, and doubtless others.

It’s also likely, I think, that our moral language is not monolithic and is not simple even in particular cases. For example, some of our moral language, but not all of it, might best be analysed along non-cognitivist lines. Some of it might be best analysed along moral naturalist lines – for example, if I say, “Torturing babies is cruel” I might be saying something that is quite true, and yet this is a moral judgment. Perhaps it combines a factual statement about the painful consequences of torturing babies with an expression of repugnance at the practice and/or a prescription that others avoid it. Moral judgments, particularly “thick” ones, but perhaps not only those, might have mixed content of some kind.

The point that I want to suggest at this stage is that scepticism about objectively binding behavioural standards, objectively prescriptive moral properties, and the like, need not cash out in the belief that first-order moral judgments are simply false, or that all of them are.

This can actually get very messy, and I don’t claim to have got to the bottom of it all. For what it’s worth, I do tend to think that at least some of our first-order moral judgments are, strictly speaking, false, for the sorts of reasons typically advanced by moral error theorists. But that is a long way from accepting moral error theory of the the simplistic kind that is usually portrayed in undergraduate philosophy courses or even in philosophy text books.

But let’s assume for the sake of arguments that all first-order moral judgments actually are false. Perhaps so! Does it follow that we should give up making such judgments? Not obviously. Take the judgment that torturing babies is morally wrong. If this means that torturing babies is forbidden by an objectively binding behavioural standard, and assuming there are no such standards, then, strictly speaking, the sentence is false. But there may well be – I’m sure there are – true statements in the vicinity.

For example, it might still be true that: “Torturing babies is forbidden by standards that everyone in this conversation accepts.” And/or it might still be true that: “Torturing babies is forbidden by standards that it would be prudent for me to follow as a package, to promote my own long-term self-interest.” Or it might still be true that “Torturing babies is forbidden by standards that it would be prudent for everyone involved in this conversation and everyone else in their societies to follow as a package, in order to produce mutual advantage.” Or it might still be true that “Torturing babies is forbidden by standards that I try to follow and invite you to follow.” And so on.

I’m not suggesting that “Torturing babies is morally wrong” means any of the things in the previous paragraph, though we could probably find theorists who would defend one or other of these meanings. Nonetheless, there may be a causal story as to why we make the moral judgments that we do, involving the truth of some of these and related propositions, even though the statements that we make when we make moral judgments are, strictly speaking, false. We actually do, for example, have moral standards, these are largely shared, and they are not entirely arbitrary. They may not be objectively binding on us, but they may well have personal (for long-term self-interest) and social benefit.

Moral error theorists don’t have to deny any of this. In which case, it’s not obvious that moral error theorists should advocate abolishing language such as “Torturing babies is morally wrong.”

Even if I were a full-blown textbook moral error theorist, with no misgivings about the theory at all, I might think that there is utility in continuing to employ this kind of language, even in my own self-talk, thereby buying into a useful fiction that torturing babies is forbidden by an objectively binding standard (not merely a personally or socially beneficial one).

Or I might think that there is benefit in going on using such language while having in mind something more like “Torturing babies is wrong by a standard that I accept and invite you to accept, and which I think you probably have good reasons to accept given your own values.” If she is open, in appropriate contexts, that this is what she has in mind, a moral error theorist might think that the meaning of such sentences will ultimately be revised – people generally, or at least those she is likely to be talking to, will eventually come to use the language in this revisionary way. After all, she might think, the real point (in some sense) of first-order moral language is to make judgments based on standards that are personally and socially beneficial, and it is not strictly necessary for us to rationalise these standards as also being objectively binding.

All that said, some moral error theorists – moral abolitionists – actually do think it is more beneficial to give up on making moral judgments, once we see through them, as it were. There might also be a partial abolitionist position that suggests that we stop making some kinds of moral judgments but not others – the complexities of moral semantics and our social situations might support some nuanced approach along these lines.

In the upshot, scepticism about such things as objectively binding moral standards (a scepticism that I definitely share) goes only part of the way toward moral abolitionism: advocacy of the total abolition of moral judgments. In my own case, I am certainly aware of these issues when writing about how we should behave, what dispositions of character are virtuous or vicious, etc., and the language that I use is, indeed, moulded to an extent by my tentative views about the issues I’ve discussed in this post. I engage, I suppose, in a mix of revisionism and partial abolitionism.

The point is simply that even a moral sceptic – indeed, even a textbook moral error theorist – can have plenty of reasons not to abandon moral talk entirely. To assume otherwise is to skate over a host of complex and controversial issues.

It’s oh so quiet (or, personal stuff)

I’ve been quiet for the past few weeks. Through October, you won’t have seen much blogging from me either here or over at my personal blog – though I did make a guest appearance at Maria Maltseva’s blog on the Skeptic Ink network, and as previously mentioned I did an extended interview for RationalHub.

Still, you haven’t been hearing much from me, so here’s a bit of the story for those who are interested. A large chunk of October was devoted to some intensive work on my new book, co-authored with Udo Schuklenk, 50 Great Myths About Atheism. This can be seen as, in a way, a sequel to our co-edited volume 50 Voices of Disbelief. We managed to submit the manuscript in mid-October, but since then there’s been a flurry of continuing activity, as we plot and plan the next steps with each other and our commissioning editor at Wiley-Blackwell. There will be more news as the book goes through the editing/publishing process, but we’re very excited about it, and we’re getting great positive feedback from the publisher. As the title might suggest, we’ll be examining a wide range of myths, misconceptions, slanders, and half-truths about atheism and atheists. Amongst it, we’ll also have quite a bit to say about the rise of modern atheism and why we think atheism is the most reasonable response to the God question.

I also have a deadline looming for another book, Humanity Enhanced, which will be published by MIT Press. This has involved a lot of work over the last few months, and it is intensifying as that deadline approaches.

October was a busy month in other ways. I stepped up a few weeks ago now to become the new chair of the board of a significant local arts body, here in Newcastle, Australia, the Hunter Writers’ Centre. This immediately involved me (in a modest way – I don’t want to hog credit that is not due to me) with the lead-up to the Centre’s annual flagship event, the award night for the prestigious (and even somewhat lucrative) Newcastle Poetry Prize. The NPP is one of the most important annual literary awards in Australia. And there’s the prospect of even more news relating to literature in Newcastle. That will have to wait for now, but I’m very pleased to find myself more closely involved in the cultural life of this beautiful city where I grew up, and to which I returned from Melbourne three years ago.

In the background of my own life, though, there are ongoing and worrying health issues in my family (not directly involving me!). That’s placed some demands on my energy level just lately … well, since about June. Like a lot of people my age, or even a bit younger, I’m now facing issues to do with the problems of elderly parents/in-laws.

All in all, October wasn’t a great month for optional activities like blogging. However, I’m very pleased to be associated with Talking Philosophy, and I expect to resume normal transmission soon (one nice thing about belonging to a good multi-person blog like this, of course, is that it goes on even if one contributor is a bit quiet for a period).

I’ll also be resuming more normal transmission at my personal blog, though I expect that the mix of material over there will continue to change. I did take one step with it last night, changing its title from the rather difficult and esoteric “Metamagician and the Hellfire Club” to simply “The Hellfire Club”. That’s something I’ve had in mind for some time now.

As I explain over there, the “Metamagician” part did have some meaning back in 2006 when I started blogging. In fact, it’s still a name that I use in various places on the internet. However, it really has very little to do with anything that happens on the blog, and as far as I can see just causes unneeded difficulty and confusion. The “Hellfire Club” bit still makes sense, though, and not just because there’s something of an anti-religious streak going on there.

Getting back to Talking Philosophy, we seem to be going from strength to strength, with some fine additions, in recent times, to our list of contributors. It’s also been especially gratifying that we’re picking up more coverage from mainstream media and other high-traffic sites. I’m sure that we’ll see even more strengthening of this blog as the months roll on.

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Interview at RationalHub

For anyone who might be interested, I’ve done a long (it comes to over 6000 words) interview at RationalHub. It was quite a searching interview – I was asked questions about the New Atheism, free will, metaethics, science-religion accommodationism, arguments for the existence of God, the relationship between science and philosophy, and the spectre of “scientism”.

Come to think of it, the interview could have been even longer … as most of these questions are worth a book each.

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AAP publishes an online memorial page for J.J.C. Smart

Professor J.J.C. Smart died on Saturday 6 October 2012. He will be remembered fondly by many people, both for his immense contribution to modern philosophy and for his personal friendliness and kindness.

The Australasian Association of Philosophy has now published a memorial page on its website, where you might wish to add and share your memories/thoughts about Jack Smart.

See also this lovely article by his colleagues at Monash University, including John Bigelow and Graham Oppy. Vale!

Autonomy

Of late, I’ve been thinking a lot about the concept of autonomy: the idea that we are, or can be, self-governing persons. This idea has great philosophical and practical importance. In particular, it is a fundamental one in modern medical ethics/medical law/bioethics. Medical practice and health policy are supposed to be constrained in substantial and important ways by ideas of autonomy. Beyond that, such ideas seem to be important in social and political philosophy.

Even people who deny the existence of free will (perhaps conceiving of it in a metaphysical sense that sounds conceptually confused, or as just implausible when matched up against our best image of reality) appear to work with some conception of personal autonomy, however deflationary. I might deny the existence of free will, yet still protest if a doctor treats my problems in a way that she refuses to explain to me, or which I resent but am, for some reason, unable to resist.

I’m currently reading John Christman’s 2009 book on the subject, The Politics of Persons. This represents the state of the art, I guess, and it does seem to have its share of insights (though the prose is often clumsy and seldom inspired). Christman has some interesting discussion of what is actually at stake when we talk about autonomy in this sense.

For Christman, the issue seems to be when we can consider an agent to be someone whose capacities and viewpoint “should matter as the sources of valid claims in collective decisions and toward whom paternalistic intervention would be disrespectful” (p. 162).

That sounds quite good to me. What do you think?

Freedom of religion and the contraceptive mandate (Missouri court case)

In the case of O’Brien v. US Department of Health and Human Services (go here for an analysis that links to the actual judgment), a judge of the United States District Court for the Eastern District of Missouri has upheld the so-called contraceptive mandate in its application to a secular mining company controlled (and apparently owned) by a practising Catholic, Mr O’Brien.

The challenged federal provision requires employers to provide group health plans for their employees, with content conforming to regulatory guidelines that (among other things) require coverage of the cost of contraception. The plaintiffs, Mr O’Brien and his company, argued that this was in breach of (among various other provisions) the US Constitution’s First Amendment. In particular, the main First Amendment argument was that the provision impinged on Mr O’Brien’s free exercise of his religion, which, he argued, includes running his business along Catholic lines. It was also argued to impinge on the free exercise of religion by the company itself.

I submit this much should, in principle, have been straightforward. The provision is 1. a neutral law (its purpose or object is not the persecution or imposition of a religious viewpoint, and nor can this be seen as somehow being its main effect) of 2. general applicability (it applies to the generality of employers, subject to some specific exemptions). Based on principled reasoning, philosophical theory going back at least to John Locke, and Supreme Court precedent, this should be enough to uphold the law against First Amendment review. Freedom of religion requires that the state not persecute disliked religions or impose, or endorse, a favoured religion, but there was no persecution here. The mining company was simply required to obey the same law as other employers. However annoying or inconvenient that might be, it is not religious persecution.

Nor was it establishment of religion. No religion was imposed or endorsed, or anything of the kind, though the plaintiffs attempted to argue that the provision was impermissibly entangled with religion, insofar as strictly religious employers were exempt – which meant that the state had had to draft criteria as to which these would be. Thus, in a sense, the state was playing favourites. I hope it is plain that this argument lacks merit. At the very least, it flies in the face of a large body of American constitutional jurisprudence. To nail the point down completely would require a close look at the criteria used, and this would take me away from what I see as the crucial issue arising from the case. Suffice to say that the court considered the criteria to be logical, and I agree.

In the upshot, the court had little trouble disposing of the First Amendment challenge (a freedom of speech argument was also run, but this need not detain us).

If it is relevant, we might add to the paragraphs above that no one is actually required by her religion (or at least by Catholicism) to run a mining company, or any sort of company at all. The law might make it less convenient for some people to do so, but that is another question.

Moreover, it is not as if this law somehow impinged on the core services and operations of a church or similar body, such as by controlling who can and cannot be made a priest. Indeed, as I’ve noted above, strictly religious employers were exempt from the law.

However, I’d prefer to leave the freedom of religion considerations on the basis that there simply was no state imposition or even endorsement of a religion, and no persecution of any religion. For further discussion, at some considerable length, of how all this relates to religious freedom, I refer you to my book, Freedom of Religion and the Secular State .

So far, so good. These American cases get complicated, however, partly because they are decided not only under the First Amendment but also under the Religious Freedom Restoration Act (RFRA). Back in the 1990s this was struck down in its application to state laws, but it still affects laws at the federal level.

RFRA empowers the courts to craft religious exemptions from legislation, even where the law concerned would not breach the First Amendment. In my opinion, this statute should never have been enacted and relies on a bogus concept of religious freedom. It enables laws to be struck down, at least in some of their specific applications, even though nothing like an imposition, endorsement, persecution, etc., of religion is discernible. That, in fact, means that judges are entrusted with the task of deciding whether or not to grant the privilege of an exemption from a law that is, ex hypothesi, religiously neutral and generally applicable. To quote from the judgment:

The Religious Freedom Restoration Act … forbids government from “substantially burden[ing] a person’s exercise of religion even if the burden results from a rule of general applicability” unless the government “demonstrates that application of the burden to the person (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”

Thus, the court had to consider whether the contraceptive mandate substantially burdened a person’s exercise of religion. This further raised the question of whether the company was a person capable of exercising a religion, but the court ultimately did not need to decide that issue. Instead, it held that the case could not succeed even if the point were decided in favour of the company.

The essence of the case is that any burden on religious exercise, applying to either Mr O’Brien or the company, was not “substantial” within the meaning of the RFRA. Any burden was too slight and indirect to count as substantial – e.g. no one was actually required to use contraception. The requirement was merely that a benefit be provided to employees that they could utilise, if they wished, for obtaining and using contraceptives (something that they could have done anyway out of their wages – the benefit simply made it easier for them).

While this outcome is defensible, some sort of defence could also have been given if the court had decided the other way on the “substantial burden” point. In that case, it would then have been a matter of judgment just how “compelling” was the government interest in availability of contraception, and whether some less restrictive means was available to pursue it. In practice, once a substantial burden is found and the compelling state interest test is consequently applied, it becomes very unlikely that a court will uphold the challenged law.

Although I welcome the outcome of this case, I expect to see it appealed, and I’m not confident that other, similar, cases will be decided in the same way when they are determined by courts in other jurisdictions. I am not totally opposed to exemptions from neutral laws of general application, but I submit that they should be rare and should not be handed out by the courts. They should be issues for the legislature when it balances the interests of affected parties in the process of crafting and enacting legislation. Note that any exemption partly defeats the purpose of the law, and some exemptions shift an additional burden onto other parties that are not made exempt.

The courts should be making findings on such issues as whether the state has acted to endorse or impose a religious viewpoint, or to persecute one … or whether the state has merely enacted a neutral law of general application, with some secular and non-persecutorial purpose. In the latter case, there should be no further issue for the courts as to whether some side effect on religion amounts to a “substantial burden”. Or so I submit. At least we can hope, based on O’Brien v. US Department of Health and Human Services, that a substantial burden, in the legal meaning of that term, won’t be found lightly by the American courts.

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Free Inquiry – October/November 2012 issue

The October/November 2012 issue of Free Inquiry is now available. As always, the magazine is not published online, except for a limited number of pieces as teasers.

This issue includes much discussion of the political agenda of humanism. It also contains an opinion piece by me, “Up With Secularism!”, in which I defend the ideal of secular government from the criticism that it is, among other nasty things, anti-democratic. I also cast doubt on the idea that a theocratic government – one which attempts to settle and impose truths about which religion is the correct one – would have much time for freedom of speech and expression. If you’ve settled the truth about issues of spiritual salvation, and you’re prepared to use the power of the state to impose this truth, you’re not likely to brook dissent on such an important matter. Theocratic governments certainly don’t have a good record with free speech.

For my more detailed defence of secular government, and its ramifications, you’ll still need to broach my book, Freedom of Religion and the Secular State (Wiley-Blackwell, 2012). However, even if you don’t accept the entire neo-Lockean theory set out in the book, I think I can give you good reasons to reject the argument that secularism is anti-democratic.

New interview with Salman Rushdie

For any who’ve missed it, Der Spiegel has a new interview with Salman Rushdie online. Rushdie talks clearly and straightforwardly about freedom of speech, life under the cloud of the notorious fatwa, and his new book, Joseph Anton (this was the alias that he used during the ten years he spent in hiding).

(H/T Norman Geras.)

Why can’t men shut up about abortion?

Why won’t men just shut up about political issues to do with women’s reproductive rights, particularly about the legality of abortion? After all, we (us blokes) are not directly affected by a ban on having an abortion, so why should we get a say in whether someone else gets to have an abortion or not? Furthermore, we are not epistemically qualified to have an opinion on the matter – how can I, as a man, imagine what a woman goes through when confronted by the prospect of becoming a mother against her will? How can I understand the responsibility, the anxiety, even the fear with which the woman – perhaps a confused and terrified teenage girl, or perhaps a traumatised rape victim – may be faced?

And if I can’t understand it, really, viscerally understand it, what gives me the right to open my big mouth about it?

So the arguments seem to go. This has become a popular meme: I’m confronted on a daily basis with claims, whether in the social media, such as Facebook and Twitter, or in the mainstream media, such as newspapers, with the claim that men should simply shut up about these issues and leave it to women to make the decisions. I don’t know how this would work, but I suppose we might imagine a world where men make no arguments one way or the other about the goodness, badness, rights and wrongs, or political tolerability of abortion. Perhaps laws would be enacted only by female legislators, with men abstaining from all votes in houses of parliament and the like.

As it happens, though, I don’t plan to shut up. One reason for that is that I am actually pro-abortion, so I don’t see why I should shut up unless all those anti-abortion men reach a deal with me to do likewise, and there’s not much prospect of that. In fact, any man who took the arguments seriously as to why men ought to shut up about abortion would probably be one who is already inclined to favour legal abortion, so the argument, if it persuaded anyone at all, would probably have a perverse effect, shushing exactly the wrong men – as seen from the likely viewpoint of the argument’s proponents.

I suppose the argument does accomplish one thing. It problematises whether or not men have the experience or imagination to understand why it is so important for women to have abortion rights; and that might, I suppose, make some anti-abortion men hesitate. While it is not likely to shut them up entirely, some of them might ask whether they are, in fact, imaginatively restricted, and whether they are, therefore, not properly weighing the interests at stake. Some might even attempt to stretch their imaginations to try to get a better concept of what it might be like to be confronted with the sorts of choices that women frequently encounter.

As it happens, men often do have pretty good imaginations (with rich experiences of anxiety, fear, inner turmoil, crushing responsibility, and so on, to draw upon), and I’m not at all convinced that we’re unable to imagine something of what it must be like, if we genuinely try. Indeed, some men may be better able to imagine it than many women who have never encountered the situation and perhaps are not sympathetic. If we are prompted to stretch our imaginations, I submit that that’s a good thing.

At the same time, the argument may (here is a second thing) serve the cause of feminist solidarity, encouraging resentment at unimaginative and unsympathetic men who pay little attention to the interests of women. While the argument cannot be taken literally, we might think, it plays a useful role in expressing resentments, attracting solidarity and participation, and rallying women to the political cause.

That’s all fine, but the fact remains that the argument can’t be taken literally. Anti-abortion men are likely to be driven by convictions that will keep them talking no matter how much we tell them to shut up. After all, some may believe that they are carrying out the will of God in opposing abortion. Now, if they’ve read some books about secularism (such as mine!) they just might be persuadable that this does not provide a proper basis for the state to act, but whether they’re persuadable will depend on their deeper theological views. Secularist arguments may appeal to many believers (I certainly hope so, and I think there is a fair bit of historical and sociological evidence that they can), but surely not to all. And even if Mr. Believer thinks that certain arguments should not support action by the state to prohibit, say, abortion, he might still think that they support social or moral condemnation of some kind. In that case, he can take a secularist approach to law-making, but it won’t shut him up about his moral convictions.

Furthermore, many opponents of abortion, irrespective of their sex, can imagine the highest level of anxiety, fear, difficulty, inner turmoil, and so on, for someone who is forced to become a mother against her will, but still oppose abortion. These opponents of abortion are likely to think that abortion is equivalent to murder, or at least something very like murder, in which case they will say that none of the interests of the woman can justify it. However bleak my future may be if I fail to murder someone, that does not usually give me the legal right to do so. There are exceptions for self-defence, but analogies between abortion and self-defence are notoriously tricky and contested.

As it happens, I don’t think that abortion is anything remotely like murder. The trouble is that I don’t see why someone who disagrees with me ought to shut up about it. If he or she holds a contrary position in good faith, and is prepared to back it with arguments, then s/he not only has the legal right to do so, but perhaps also has some legitimate claim on the rest of us to listen (at least if we haven’t heard and considered it all before). And if this (let’s say male) person is truly convinced that abortion somehow harms a fetus much as our deaths would harm us, surely it’s unreasonable for me to expect him to hold his tongue about it. It might be relevant to try to get him to imagine what is at stake for women who contemplate abortions, but even if he tries and succeeds it might not shake his conviction (even though he might, I suppose, come to feel a bit more sympathy and speak with more compassion).

In the upshot, the argument that men should go quiet about abortion may have a role to play if it is not taken literally. That is, if it is used as a challenge to men to use our imaginations or recognise our imaginative limits, and/or if it is used as a way to rally supporters and encourage feminist solidarity. If taken literally, however, it does not have much merit. Anti-abortion men can’t reasonably be expected to shut up, given their likely reasons for the positions that they take and the religious, moral, and/or metaphysical beliefs that their reasons draw upon.

I think there are other problems, too. I doubt that any serious thinker about contemporary politics can avoid taking positions that then entail views on the abortion debate. Keeping entirely silent may not be a practical possibility once you start thinking and talking about almost any other set of fraught political issues. In any event, I won’t go quiet about abortion any time soon. I am one man – obviously one among many – who will go on defending women’s reproductive rights, most certainly including robust abortion rights.

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