Against Fairness

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by Asma, Stephen T.




  STEPHEN T. ASMA is a distinguished scholar and professor of philosophy in the Department of Humanities, as well as a fellow of the Research Group in Mind, Science, and Culture at Columbia College Chicago. He is the author of several books, including On Monsters, Stuffed Animals and Pickled Heads, and Following Form and Function.

  The University of Chicago Press, Chicago 60637

  The University of Chicago Press, Ltd., London

  © 2013 by Stephen T. Asma

  All rights reserved. Published 2013.

  Printed in the United States of America

  22 21 20 19 18 17 16 15 14 13 12345

  ISBN-13: 978-0-226-02986-3 (cloth)

  ISBN-10: 0-226-02986-7 (cloth)

  ISBN-13: 978-0-226-92346-8 (e-book)

  ISBN-10: 0-226-92346-0 (e-book)

  Library of Congress Cataloging-in-Publication Data

  Asma, Stephen T.

  Against fairness/Stephen T. Asma.

  pages; cm

  Includes bibliographical references and index.

  ISBN 978-0-226-02986-3 (cloth: alkaline paper) — ISBN 0-226-02986-7 (cloth: alkaline paper) — ISBN 978-0-226-92346-8 (e-book) — ISBN 0-226-92346-0 (e-book) 1. Fairness. 2. Preferences (Philosophy) 3. Values. 4. Nepotism. I. Title.

  BJ1533.F2A86 2012

  179—dc23

  2012013887

  This paper meets the requirements of ANSI/NISO Z39.48-1992 (Permanence of Paper).

  STEPHEN T. ASMA

  Against Fairness

  The University of Chicago Press

  Chicago and London

  For my favorite.

  He knows who he is.

  CONTENTS

  Acknowledgments

  1. Even Jesus Had a Favorite

  Saints and Favorites

  Fairness, Tribes, and Nephews

  Two Classic Cases of Favoritism

  2. To Thy Own Tribe Be True: Biological Favoritism

  Moral Gravity

  The Biochemistry of Favoritism

  Humans Are Wired for Favoritism

  A Healthy Addiction

  Flexible Favoritism

  Kin Selection

  Rational or Emotional Motives

  Conflicting Brain Systems

  Facts and Values

  3. In Praise of Exceptions

  Building the Grid of Impartiality

  Going Off the Grid

  Friendship and Favoritism

  Reasonable Favoritism

  4. “But, Dad, That’s Not Fair!”

  The Fusion of Feelings and Ideas

  Sowing the Seeds of Confusion: Sharing

  Sowing the Seeds of Confusion: Open Minds

  Envy and Fairness

  Excellence, Fairness, and Favoritism

  5. The Circle of Favors: Global Perspectives

  Chinese Favoritism

  Face Culture

  Indian Favoritism

  Disentangling Nepotism and Corruption

  Disentangling Tribalism and Tragedy

  6. “Your People Shall Be My People?”

  Minorities, Majorities, and Favoritism

  Affirmative Action and Favoritism

  The Finite Stretch

  Feeling the Stones with Your Feet

  7. Because You’re Mine, I Walk the Line

  The Virtues of Favoritism

  You Can’t Love Humanity. You Can Only Love People.

  The Future of Favoritism

  The Archbishop and the Chambermaid

  Notes

  Index

  ACKNOWLEDGMENTS

  As with all my books, I owe a debt of gratitude to my supportive family. My tribe is a wonderfully diverse clan of generous and caring kin. Many thanks to Wen Rong Jin, beloved lioness of our little family. Thanks to my parents, Ed and Carol; my brothers, Dave and Dan; and the whole Asma clan: Keaton, Maddy, Garrison, Elaine.

  As Aristotle said: Without friends, no one would choose to live. Special thanks goes to my excellent partners of the Research Group in Mind, Science, and Culture: Tom Greif, Rami Gabriel, and Glenn Curran. Our many readings and discussions indirectly helped to shape this book. And the friendship is absolutely invaluable.

  I am grateful to friends and supporters across several institutions: Cheryl Johnson-Odim, Deborah Holdstein, the incomparable Jaak Panksepp, Louise Love, Micki Leventhal, Brent White, Zahava Doering. And a special tip of the hat to my friends Baheej and Susan, Peter Altenberg, Jim Christopulos, and Brian Wingert.

  Others need to be thanked: Alex Kafka, Raja Halwani, Lynn and Allen Turner, Dave Eddington, Tomo, Elif, and my other friends at the Lake Shore Unitarian Society, Michael Shermer, Donna Seaman, Alison Cuddy, Carrie Shepherd, Aurora Aguilar, Adrienne Mayor, Michael Sims, Giles Anderson, Shifu Paula Lazarz, Joanna Ebenstein, and the great musicians (Rami Gabriel and Bryan Pardo) of my band, Swing Hakim.

  Many thanks to my wonderful editor at University of Chicago Press, Elizabeth Branch Dyson, who believed in this controversial project and gave it the care and attention it needed. Thanks also to her assistant, Russell Damian, promotions manager Ryo Yamaguchi, and copy editor Erin DeWitt. I am also very grateful to Barry Schwartz for reading the manuscript and offering insightful advice. Of course, the remaining flaws in the book are all mine.

  Finally, I acknowledge my greatest devotion: my favorite, my son, my Julien.

  1

  Even Jesus Had a Favorite

  “I would strangle everyone in this room if it somehow prolonged my son’s life.” That’s what I blurted into a microphone during a panel discussion on ethics. I was laughing when I said it, but the priest sitting next to me turned sharply in horror and the communist sitting next to him raised her hand to her throat and stared daggers at me. Why was I on a panel with a priest and a revolutionary communist? Long story—not very interesting: we were debating the future of ethics with special attention to the role of religion. The interesting part, however, is that at some point, after we all shook hands like adults and I was on my way home, I realized that I meant it—I would choke them all. Well, of course, one can’t be entirely sure that one’s actions will follow one’s intentions. The best-laid plans of mice and men, and all that. But, given some weird Twilight Zone scenario wherein all their deaths somehow saved my son’s life, I was at least hypothetically committed. The caveman intentions were definitely there.

  If some science-fiction sorcerer came to me with a button and said that I could save my son’s life by pressing it, but then (cue the dissonant music) ten strangers would die somewhere I’d have my finger down on it before he finished his cryptic challenge. If he raised it to one hundred strangers, a million, or the whole population, it would still take the same microsecond for me to push the button.

  The utilitarian demand—that I should always maximize the greatest good for the greatest number—seemed reasonable to me in my twenties but made me laugh after my son was born. My draconian bias is not just the testosterone-fueled excesses of the male psyche. Mothers can be aggressive lionesses when it comes to their offspring. Mothers are frequently held up as the icons of selfless nurturing love, but that’s because we offspring—the ones holding them up as icons—are the lucky recipients of that biased love. From that point of view, a mother’s behavior is infinitely charitable. But if you’re outside the clan, then tread carefully. Try getting between a mammal mother and her kid, and you will see natural bias at its brutal finest.

  So, as I learned, becoming a parent brings some new emotional “organs” with it, some organs I never would have thought possible to grow in me just five years earlier. These “organs” process the intense protective biases—the “chemicals”—of family solidarity. How do we square these preferential emotions with our larger social ethics?

  Americans
are taught, from an early age, that no one is intrinsically “higher” or “lower” than anyone else, that everyone is equally valuable. Philosopher Martha Nussbaum says, “Our nation is built on the idea that all citizens as citizens are of equal worth and dignity.”1 So how do we reconcile our favoritism with our conflicting sense of equality for all?

  Some theorists explain this inner conflict as a fight between our raw animal emotions and our rational (principled) system of the good (impartial justice). But that makes things easy—too easy. The tension between preference and fairness is not just between the individual heart and the collective head. Rather it is a tension between two competing notions of the good.

  Charles Darwin argued that the moral life itself is actually built upon the tribal devotions of our ancestors. The foundation of morality lies

  in the social instincts, including under this term the family ties. These instincts are highly complex, and in the case of the lower animals give special tendencies toward certain definite actions; but the more important elements are love, and the distinct emotion of sympathy. Animals endowed with the social instincts take pleasure in one another’s company, warn one another of danger, defend and aid one another in many ways. These instincts do not extend to all the individuals of the species, but only those of the same community.2

  And it is perhaps this last line, about the provincialism of our instinctual devotions, that will most concern us in this book about favoritism. Is it really primitive, as the egalitarians claim, to privilege some over others?

  Saints and Favorites

  It’s hard to imagine someone more fair-minded and even self-sacrificing than Jesus. The list of his ethical peers is short: maybe Buddha, Gandhi, Mother Teresa, Martin Luther King, some miscellaneous saints and martyrs. Fill in the blanks. Jesus was such an equal-opportunity humanitarian that he regularly went to eat and spend time with the outcasts, the prostitutes, the tax collectors, and the pariahs. He liked just about everybody and encouraged us to do the same. He took his goodwill one step further, of course, and recommended that we should even love our enemies. This indiscriminate love is arguably the central teaching of Christianity.

  And yet, even Jesus, the paragon of equal treatment, had a favorite disciple. We don’t know for sure which disciple it was—most think it was John—but we’re told in the Gospels that he had a favorite one, and that he even had a three-man inner circle. He had a posse inside his posse.

  Another holy man that earns our respect for his selfless charity and his leveling egalitarian approach is Siddhattha Gotama, the Buddha. He pushed the bounds of fairness through all the caste-system boundaries of Indian society and arrived at a totally impartial social and even metaphysical philosophy. Not only could women and untouchables attain enlightenment—a scandalous idea at the time—but every animal species was put on equal status too. And yet, despite all this philosophical impartiality, the Buddha had a best friend, Ananda, who had no equal among the Buddha’s associates. The Enlightened One had a right-hand man.

  Fig. 1. Jesus calling some of his favorites (John and James) to follow him. Drawing by Stephen Asma, based on a Byzantine painting.

  Is it fair for me to pit the universal egalitarianism of many religions against the favoritism of family and friends? Surely one need not preclude the other. In some passages of the New Testament, for example, the tension is not between filial love and universal love, but between filial love and Jesus devotion. “For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter-in-law against her motherin-law. And a man’s foes shall be they of his own household. He that loveth father or mother more than me is not worthy of me: and he that loveth son or daughter more than me is not worthy of me” (Matthew 10:35–37). This suggests a contest of allegiance, pitting one set of favorites for a new one. Philosopher Bertrand Russell was not a fan. “All this means the breakup of the biological family tie for the sake of creed—an attitude which had a great deal to do with the intolerance that came into the world with the spread of Christianity.”3 But one of the great Eastern saints of the twentieth century, Gandhi, also recognized the incompatibility between spiritualism and favoritism.

  In his autobiography, Gandhi suggested that saintliness required forfeiture of the usual bonds of family and friendship. The seeker of goodness, Gandhi recommended, must have no close friendships or exclusive loves because these will introduce loyalty, partiality, bias, and favoritism. In order to love everyone, we must not preferentially love any individual or group.

  Fig. 2. Gandhi (1869–1948) argued that we must abandon our “favorites” if we are to love everyone. Drawing by Stephen Asma.

  When George Orwell read Gandhi’s autobiography in 1948, he was deeply troubled by the Indian saint’s “anti-humanism.” It’s hard for us to envision Gandhi—lover of all mankind—as anti-humanist. But Orwell viewed any attempt to subjugate human values to the demands of some transcendent, ideological value system as anti-human. While Orwell remained impressed by Gandhi’s political achievements, he was stunned by Gandhi’s views on friendship and family. Saintly egalitarianism seemed repugnant to Orwell, who believed that “love means nothing if it does not mean loving some people more than others.”4

  I want to side definitively with Orwell here and cannot follow the Indian saint to his lofty conclusion. I must agree with Orwell’s claim that “the essence of being human is that one does not seek perfection, that one is sometimes willing to commit sins for the sake of loyalty … and that one is prepared in the end to be defeated and broken up by life, which is the inevitable price of fastening one’s love upon other human individuals.”5

  Gandhi’s saintly ideal of non-attachment may not be compatible with the humanistic ideal, which maintains that this flawed world (with all its liabilities of attachment) is the only one we have. But in a way, the ideal of non-attachment is also secretly at work in some of our more dogmatic liberal traditions of universal equality for all.

  Gandhi is perhaps an outlier, an extremist against favoritism. But his radical position helps us grasp the philosophical tensions between fairness and favoritism. Buddha, with his bff Ananda, was not as extreme in his detachment. And one suspects that Gandhi, despite his own advice, wasn’t either. In fact, Gandhi’s relationship with Jewish architect Hermann Kallenbach, whom he met in South Africa, looks extremely intimate and seems to violate every one of the guru’s ideals of detachment.6

  I’m not a particularly religious person. I’m not overly impressed by Buddhas, Mahatmas, or Messiahs. I’m actually a skeptical agnostic most days, but I start with these religious “exemplars of equality” for dramatic effect. Why do even these major saints of universal love and impartiality still have favorites? Why do they discriminate at all, if everybody is equally valuable? The answer, I will argue in this book, is that they can’t do otherwise. It is human to prefer. Love is discriminatory. And if the world’s scriptures can be believed, even the gods have preferences. The monotheistic God is no better on this account than the polytheistic traditions. The Abrahamic God often gets jealous, has “chosen people,” and generally plays favorites.

  None of this is breaking news, of course. So what’s new in my approach to the favoritism/fairness divide? While everyone has a general sense that favoritism feels natural and that fairness vies against it, philosophers and leaders have almost always sided with fairness and against favoritism. Religious leaders have agreed that we tend toward preference and bias, but we should generally resist this pull and fight our own inner discriminatory tendencies. Biologists and social theorists, since Darwin, have joined the ranks of anti-bias, by arguing that our animal nature might be selfish, but our uniquely human capacities allow us to fight against our animal natures.7 Implicit in this idea, that our better angels can subdue our baser instincts, is the assumption that these instincts are selfish—are focused on self-preservation.8 But this assumption has skewed the conversation into a false dichotomy: either you’re for yourself, or
you’re for fairness. A recent example of this false dichotomy can be found in Peter Corning’s otherwise insightful book The Fair Society, in which he assumes that opposition to fairness is tantamount to Ayn Rand–style individual selfishness.9 I share Corning’s and other sane people’s aversion to the Ayn Rand cult of self-interest (an ethic endorsed by Alan Greenspan). But I don’t agree that the solution or forced alternative is egalitarian fairness.

  I want to argue that a huge part of our values has been left out of this usual dichotomy, namely, our tribal biases. Our values landscape is not a hill of fairness and a valley of selfishness. The bonds of our affections (our biases) are not reducible to either selfishness or selflessness, but require their own autonomous territory. Family ties, for example, don’t fit neatly into the usual dichotomy of selfish/selfless values. Bias, nepotism, and tribal ethics have taken it on the chin for too long. Against an army of pious guides and gurus, I will try to make the case for favoritism.

  When I explained to my friends that I was writing a book called Against Fairness, they looked at me like I had made some final descent into madness. I might as well write a book Against Mothers or Against Oxygen. On the face of it, the project looks insane. But I don’t mind an uphill battle. Let me begin, then, by offering some provisional definitions of terms like “tribal,” “fairness,” and “nepotism.”

  Fairness, Tribes, and Nephews

  “Tribal” may be a confusing term. For many readers, the term will have inescapable connotations of Africa or an indigenous ethnic clan from some exotic region. There’s nothing wrong with this. Tribal can indeed describe the Zulus of southern Africa or the Apache of the American Southwest. But I wish to use the broader meaning of tribal, such that it also describes an extended family, a nuclear family, and possibly even your bowling team. A tribe, in this informal sense, is a social group of members who have greater loyalty to one another than to those outside the group. A tribe is an us in a milieu of thems. And the defining properties of each tribe might differ significantly—it could be blood that ties a tribe together; it could be class, language, race, or a mutual devotion to Doctor Who or The Big Lebowski.

  Twentieth-century anthropology searched for a logic of tribes. Many researchers believed that some common formal essence or structural grid underlay the various tribes. They searched for a similar recipe of ingredients in every cultural case. Every time they settled on some precise definition, they’d come upon tribes that didn’t fit the bill. In response to this, more recent researchers have given up the search for a structural essence and accepted the amoeba-like malleability of tribes. Tribes are highly flexible, and they adapt to local challenges.10

 

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