As noted last time, I’m reading a number of works by Edward Feser in preparation for reading Gunther Laird’s critique of him called “The Unnecessary Science”. As might be expected, there are a number of areas where I don’t agree with Feser, and so I want to go over those — and at least get them written down — before I finish Feser and turn to Laird, if for no other reason than to ensure that my criticisms are seen as and properly are mine without worrying about whether Laird thought of them first. If we agree, we agree independently, and if we disagree, we also disagree independently.
As noted in this comment on the last post, Feser’s natural law view on sex isn’t simply that sex is primarily about reproduction. That is the heart of it, but as noted there there’s more to reproducing for humans than simply producing a live birth. Since human children are dependent for a relatively long period of time compared to other species, nature needs to ensure that they get cared for over that period of time. Given that, Feser includes the long-term committed relationship commonly called “marriage” among the natural purposes and ends of sex for humans. So, basically, natural law for humans says that sex is to happen in a long-term relationship that is committed to having and raising the offspring from such unions. At a minimum, then, this is the highest natural order for humans wrt sex: having it in a long term relationship.
Now, some interpret natural law simply and insist that this means that any time you act against natural law you are doing something immoral. So if you, say, held nails in your teeth you’d be doing something immoral because that’s not the purpose of teeth or if you skipped dinner to eat ice cream that would be immoral because ice cream can’t provide the proper nutrition to replace a full meal. Feser notes that his view is indeed not vulnerable to those simple objections because he doesn’t consider it to be immoral by natural law to use natural faculties in ways that they weren’t designed to be, but instead only to use them in ways that frustrate their natural functions (or ends). So holding nails in your teeth isn’t immoral, but grinding your teeth down or knocking them out so that they can’t chew anymore would be. Skipping one meal for ice cream isn’t immoral, but having that for every meal or being bulimic would be. In general, you need to be doing something that impedes the ability of it to perform its natural function, generally permanently (or at least over the long term). Feser even notes that we aren’t meant to be eating all the time so we can use our teeth for other things when we aren’t, so as long as our teeth are available when we need to eat, it’s okay to hold nails in them at those other times.
This, in my view, has some unintended consequences for Feser’s views on sexual ethics (see Chapter 4 of “The Last Superstition” for details, although as that’s a book I won’t be heavily quoting it). I’m going to explore these a bit. Note that these don’t reflect my views on the subject. I’ve outlined mine in part last time, but don’t take anything I saw here as necessarily a sign that I support the acts in question.
What Feser wants to do is limit sexual activity to marriage. Any sexual activity outside of marriage is, to him, going to be immoral in at least some way. This, then, includes unmarried sex, masturbation and especially homosexuality. If it isn’t inside a committed marriage, it’s clearly immoral, and there can be no such thing as a marriage if there is no chance of it producing children (note for anyone who has read Feser: I’ll address his few of sterility a little later). The problem is that by his own view stated above, he can only make married sex the natural ideal. But that doesn’t mean that we can’t have sex at other times or that any other kind of sex is necessarily immoral, any more than holding nails in our teeth is necessarily immoral.
Let’s start with masturbation. In line with eating above, it’s pretty clear that we aren’t supposed to be having reproductive sex inside a marriage all of the time. When a woman is pregnant, for example, it’s pretty clear that her having sex isn’t going to make her more pregnant, so she won’t be having reproductive sex there no matter what we do. So we can, obviously, do other things while we aren’t engaging in reproductive sex inside a marriage. But can we do other sexual things while we aren’t engaging in reproductive sex inside a marriage? As it turns out, Feser can’t simply insist that we couldn’t possibly do other sexual things in those circumstances, because that would force him to give up his claim above that it’s only when we act in ways to frustrate natural ends that are immoral, which would reduce him to the fairly ludicrous and overly simplistic idea of natural law. So what he’s going to have to do, then, is show that if we masturbate we are indeed frustrating the natural function and end of our reproductive and sexual mechanisms.
How can he do that? He could try to argue that biologically that’s the case, but that’s actually a very difficult argument to make. There is no reason to think that masturbation impedes over the long-term anyone’s ability to have reproductive sex. While sperm cells are lost (or killed), sperm cells if I remember my biology correctly die off anyway if unused and definitely are replaced. Masturbation isn’t going to impede men biologically in any way as long as they don’t, say, masturbate too often too close to when they want to have reproductive sex so that they are too tired to perform. And, of course, masturbation doesn’t waste eggs for women as they are not released by orgasms. So, biologically, it’s not going to frustrate or impede the ability to reproduce over the long term.
Feser could make a claim that masturbation will impede us in forming a long-term relationship psychologically. About the only argument I could see here is that we will enjoy masturbation so much that we won’t feel the need to actually have sex with someone else and so won’t be interested in a longer-term relationship. While I have no doubt that this may have occurred for some people, I’d see that case as being as much a deviation as bulimia is when compared to people who are trying to drop a few pounds to get to a healthy weight. The other argument I could see is that if people can masturbate to relieve sexual tension it will remove that tension from them, and so it won’t be a motivation for them to get into a long-term relationship and get married as soon as they can, thus delaying it. However, we know that that sort of sexual tension can result in poor decision-making, and also that for a long-term relationship it would be better to delay the decision until the two people know whether or not they are compatible. The last thing we want are people praying for the end of time because they committed to getting married only because they were so attracted to each other that they really, really wanted to have sex with each other and that was the only way. So it seems like having some kind of sexual release is a good thing. And, of course, it can also be beneficial inside of a marriage if one partner has a higher sex drive than the other, allowing them to satisfy their urges without having to convince the other partner to compromise on having sex more often than they’d like. Feser might be able to argue that if they fantasize about someone else it would be adultery, but that could be solved if they instead fantasized about their own partner.
So, it’s difficult to see how masturbation wouldn’t count as being in the same category as “Hold nails in your mouth”. Yes, it’s not reproductive sex inside a marriage, but it doesn’t seem to impede that in any significant way either.
This, then, leads to casual sex. A lot of the same arguments for masturbation not being immoral also come into play for casual sex. Having casual sex doesn’t mean that you won’t be looking for a permanent partner. In fact, some might well argue that having some sexual experience with them first is a crucial part of ensuring that the two of you are sexually compatible enough to enter into a relationship where you only have sex with each other. It would also allow people to burn off any extreme sexual passion they have for someone who might be incompatible with them for a long-term relationship. As long as they aren’t married and aren’t in a different long-term relationship building to marriage, it wouldn’t count as adultery.
There are a couple of other arguments you can make here. One is that sex itself often inherently builds the bonds required to make a marriage work. If someone is having a lot of casual sex, that could have a lasting effect on how those bonds are formed. One way is that it could cause someone to form that bond with someone or with multiple someones that they have no intention of forming a long-term relationship with, or at least that the other person has no intention of forming a long-term relationship with. In short, the two of them now have a closer bond than they wanted, but still have no intention — or, potentially, any ability if they can’t actually love each other — of getting married. The other way is that the person might lose the ability to form those sorts of bonds from sex, having conditioned themselves to have sex be nothing more than simple sex without any deeper meaning. In that case, they wouldn’t be able to form the bond required for marriage and would have impeded the natural function of sex for themselves.
I would have to concede that these are possible side effects of at least too much casual sex, and these are the reasons why I’m hesitant to have sex be considered the equivalent of any other entertaining pastime (my common way of putting it is that I don’t want sex to become a pastime so that if two people are trying to kill some time before meeting friends they consider whether to play a board game or have sex as if they were equivalent). But in order to use this Feser would indeed need to find the empirical studies to show that, and even then I’d wager that it’s only very frequent casual sex that does that, which could be counted as an abuse of it, like bulimia, rather than the diet case that it would seem to be.
The other issue is that casual sex, unlike masturbation, can result in a child, and by definition casual sex is intended to not produce a child (and certainly isn’t doing so in the way that Feser prefers). We can deal with this a bit — as well as the first problem — by insisting that anyone who engages in casual sex has to be prepared to enter into a proper long-term relationship with that person should a child result from that. And the other way to address that is to look at another thing that Feser will disapprove of, which is birth control.
Of all of these “casual” cases, the use of birth control is the one that most directly interferes with the natural function of the reproductive system. However, it doesn’t necessarily do so in a way that permanently impedes those functions. Using a condom, for example, doesn’t do any more damage that masturbation does. Unless Feser wants to adopt the rather ludicrous “Every sperm is sacred!” line — which doesn’t seem to be justified by natural law — that wouldn’t be an issue. Birth control pills might be more of an issue since it definitely mucks around with the system itself, and so there might be a risk of permanently making it harder for the woman to conceive, but we’d need empirical evidence to show that, which I haven’t seen. So if both partners are willing to accept entering into a long-term relationship if the birth control fails, then it can be seen like wearing a helmet when going out to play football: our bodies weren’t designed to smack into each other as part of a fun event, but if we wear a helmet we reduce the chances of doing permanent damage to ourselves preventing us from doing the other things we are meant to do. In the case of birth control, it’s preventing us from creating a child before we’re ready, either due to personal circumstances or because this is the wrong partner.
So this leads to another question where I’m less certain what Feser’s opinion will be, which are the various surgeries to make it so that someone cannot have children again. This would seem to be the biggest violation of natural law, the equivalent of mutilating oneself. And I’d agree that someone shouldn’t do it just for the sake of doing it. However, it does seem reasonable in a case like Shamus Young’s, where it was quite likely that if his wife Heather ever got pregnant again it would probably kill her. The reason to raise is that while a simple “reproduction” angle would say that it was still wrong of them to get the operations, Feser’s stance including raising the children seems to make it a no-brainer: if she got pregnant again, she’d probably die, and then half of the required partnership to properly raise their three children would be gone. While if it happened by accident it could be dealt with, they probably shouldn’t court it. You could argue that Shamus shouldn’t have had the operation since he could still reproduce, but he wasn’t going to reproduce with her and so given the life-long relationship of marriage he’d have to be holding out hope that she’d die before he got too old to have more children. That … does not seem to be the sort of attitude that Feser would want to espouse [grin]. So it seems like that in at least those sorts of cases, even that direct surgery could be moral by Feser’s more advanced view of reproduction.
And the final thing to look at in the “outside of a long-term relationship” category is … casual homosexual acts. The big argument against homosexual sex acts is that they can’t in any way produce a child naturally. This might still strike against same-sex marriage, but it’s difficult to see it as striking against casual homosexual sex given what we saw above. Feser may note that it disgusts him to think of it, but that in and of itself wouldn’t count against it. After all, he might find certain foods disgusting as well, and it may even be the case that most people find them disgusting, but even if those foods were non-nutritious that wouldn’t mean that it would be immoral to eat them. Feser might be able to make some kind of overall social point here — encouraging relations as “normal” that couldn’t produce children — but this would be fairly weak and would more suggests that the social attitudes need to be tweaked, not the acts themselves eliminated.
So by including the long-term relationship in the very definition of reproduction, Feser pretty much opens up the floor to almost any kind of casual sexual activity, as long as it doesn’t impede the search for a long-term relationship. If he wants to close them off, he pretty much has to abandon his point about us being able to act in “artificial” ways as long as it doesn’t frustrate natural ends, or else he has to show that they do just that. Either way, it’s a long more complicated than he presents it in the chapter in his book.
Okay, so that covers off casual sexual encounters. But Feser’s view actually does cover him, for the most part, in his views of marriage. If we accept that reproduction includes the long-term relationship required to raise the children, then marriage — being that relationship — clearly only includes relationships that can have children. But it turns out that there are some additional complications there as well.
Let’s start with sterility. Feser comments that it’s okay for someone who is sterile to marry someone who isn’t as long as the person who isn’t sterile isn’t only marrying that person specifically to avoid having children. But if they know that the person is sterile before marrying them, it’s hard to escape the conclusion that they are willingly entering into what they know is that sort of relationship, and so are knowingly ensuring that they will never have children. Feser could try to argue that it’s okay as long as the two people really love each other, but this would have consequences for same-sex marriage since they claim to really love each other as well. Since the main reason for Feser to not accept that they really love each other in the right way is that the two of them can’t reproduce, that would seem to apply to this case as well. In fact, it’s hard to see how two people knowingly entering into such a relationship could be considered a marriage at all by Feser. So in that case, it doesn’t seem like they actually have a marriage. An exception might be made if they discovered that one of them was sterile after they got married … but then it seems reasonable to say that even though they thought they were married, they really weren’t. As an example, if we take the stock soap opera trope of someone losing their memory and marrying someone else while forgetting that they were already married, we’d probably want to say no matter how we’re looking at it that the second marriage isn’t a real marriage, since it couldn’t be formed since the person was already married. It seems reasonable to say that if they discovered later that one of them was sterile and was so at the time of marriage that it wouldn’t be a real marriage anyway. If an accident or illness made one of them sterile, that likely would be different, especially if they already had children together, as seen above. But at the start of the marriage, it’s hard to see how Feser can consider it a proper marriage.
Okay, so that case is a bit problematic. What about sterile-sterile marriages? I think from the above it would be hard for Feser to call it a marriage, but would it be moral for those two people to enter into a long-term relationship? If one of them was not sterile, then we have the issue of that person having to essentially give up their ability to reproduce, but if they are both sterile, then that’s not an issue. Neither of them would have to give up that ability to reproduce that they don’t have. Morality follows the maxim that ought implies can, so we cannot demand that people do what they cannot do — in this case reproduce — or else be considered to be immoral. Just as we cannot demand that a clubfoot run a marathon or else be considered immoral, we cannot demand that sterile people only participate in reproductive long-term relationships when no matter what they cannot have such relationships. So two such people should be able to enter into long-term, committed, sexual relationships with each other without any risk of doing anything immoral, even if Feser would not call that a marriage.
This raises the point that we cannot insist that people enter into natural law marriages if there is something about them that means that it wouldn’t work for them, and that something is something that they cannot change merely through an act of will. Sterility is an obvious example, but are there other examples where the biology is not as much what is lacking?
I’ve heard the statistics bandied around that one in six people never get married. If two of those people are at the age where they are unlikely to be able to sire children or to be able to raise them properly (for men the age where conception is possible is longer but they still may be too old to really properly raise rambunctious children), can they enter into a long-term sexual relationship? About the only counter you can make is that their being single was their own fault, and so reflected a moral deficiency in them before we even consider the status of such a relationship. I’ve addressed that before. But to turn to myself again, I am not definitely at the age where reproduction is probably not a viable option. While one could argue that I didn’t do enough to take enough of my opportunities and so my being single is indeed my own fault, I could argue that while I did put in less effort than some I indeed put in more effort than others did who were successful. So it’s incredibly difficult to say that I didn’t try hard enough just by looking at the fact that I failed to achieve it. The more reasonable line is that the combination of my personality and my circumstances led me to this end. So I can’t be considered immoral just because you can argue that I could have tried harder.
Given that, if no inherent moral failing can accrue to people who have never been married and so are at the stage of their lives where they can’t have children, then it seems these cases fall back on the same reasoning as the cases cited above: there’s no chance of them having children, and so even if they can’t have a real marriage they can definitely enter into a long-term sexual relationship. They aren’t depriving anyone, even themselves, of the proper relationship because they are no longer in a position to have that with anyone.
So far I’ve focused on physical issues (either directly or just getting too old to have kids). What about mental issues? Could we have someone who just isn’t mentally capable of such relationships or to raise children? Obviously, I don’t just mean people who have such a diminished capacity that they couldn’t possibly enter into such relationships, but instead someone who, for example, is just too fond of wanderlust to provide a stable environment or doesn’t have the patience to deal with children. Now, it couldn’t just be that they were afraid that they couldn’t cope with it or weren’t sure that they could cope with it. I suspect that most parents have felt that way at one time or another. No, we’d need someone who has had some kind of professional analysis and it has been determined that this isn’t something that they can reasonably change. So they would know that they aren’t suited for marriage and know that it’s not a mere failure of will that makes them so. In such cases — which I expect to be relatively rare — it would seem reasonable that they could enter into long-term sexual relationships as they were capable of with people who can’t have a full marriage, and short-term relationships with those who are in similar circumstances to them.
Which raises the issue of polyamory. One of the main claims that many people who enter into these relationships make is that they, at least, aren’t capable of entering into monoamorous relationships. This is the precise claim that Ricard Carrier made. And while I’m more inclined to think that he was just using that idea as a rationalization to excuse his infidelity — one would think that if it was legitimate he would have raised the issue before he cheated on her and got caught — it is easy to imagine that there might well be people who really are mentally incapable of marriage, but could enter into multiple committed or semi-committed relationships. Again, if this really was the case, it’s difficult to see how entering into those sorts of relationships would be inherently morally wrong. As long as they are indeed incapable of a proper marriage, then it seems like polyamory can’t be a morally banned option.
Which, then, leads to same-sex relationships. They could make the same reply: as they are not sexually attracted to the opposite sex, they cannot enter into a marriage at all, and that they can’t simply change their sexual orientation through force of will. Given that, then they should be able to enter into long-term sexual relationships with people of the same sex as them. Feser could reasonably reply that sexual attraction isn’t the be-all-and-end-all of marriage, and so all they need to have is the ability to reproduce and the ability to have feelings for their partner, and it would work as a marriage, and so they could indeed enter into a proper marriage if they weren’t so attached to sexual attraction. But in order for even Feser’s argument to work, we have to consider that the love that exists in a marriage is a combination of romantic love and sexual attraction. Sexual attraction isn’t dominant, but arguably it must be present. This, then, could lead to a better reply where they argue that it isn’t merely the sexual attraction that they lack, but romantic love. They fall in love with members of the same sex, not with members of the opposite sex. Thus, they could never actually have the love that is necessary for a proper marriage, and so cannot enter into one. Therefore, it would not be immoral for them to enter into a long-term committed sexual relationship with someone of the same sex as them.
This also leads us to a distinction that isn’t made often enough on both sides: the difference between legal marriage and “real” marriage. Feser’s distinctions here are based on an analysis of what marriage actually is given our natures, and so is about the ontological definition of marriage. But the same-sex marriage movement was about the legal definition of marriage. It would be entirely reasonable for a society to say that they have an interest in recognizing any committed long-term relationship that works out to be partnership, if for no other reason than to provide rules for entangling and unentangling them. This doesn’t mean that these things are really “marriages”, even if the state calls them such. Perhaps they should use a different word, but even if they do that doesn’t mean that they necessarily are the same thing. So Feser should probably stop insisting that legal marriages can’t possibly be marriages, because they can be if the law says they are. And same-sex marriage proponents should probably stop claiming that legal recognition of marriage means that they have a “real” marriage and Feser is just plain wrong, because if the state calls a tail a leg it might legally be a leg, but in reality it’s still a tail.
And so if you’ve followed the entire discussion, you’d see that my analysis here will probably tick off both sides if they properly understand it. Feser and those on his side will disagree with my comments that their own views mean that things like casual sex and even polyamory and homosexual acts aren’t necessarily immoral, while progressives will be upset that I accept Feser’s line that marriage between a man and a woman for the purposes of reproduction is the superior relationship and the others are just things that we can have if we can’t have that superior relationship. However, this line of analysis does seem reasonably correct to me. We have to allow for artificial actions and for cases where the ideal relationship cannot be achieved, but that doesn’t mean that we have to accept that it wouldn’t be best for everyone if they could get into a proper, happy marriage with the appropriate amount of children. The issue, as I noted last week, is that both sides place too much importance on sex: Feser in its idealized form, progressives in its “baser” form of providing pleasure. This encourages Feser to insist that only the idealized form is moral despite his own theory insisting that no such thing is possible, and encourages progressives to insist that any sex is of equal worth. Both, in my opinion, are wrong.
Next time, I’ll move on from sexual ethics and ethics itself into things like causation and some of the issues I have with Feser’s Aristotlean view.
Most Personally Memorable/Favourite Games (Honourable Mentions)
November 25, 2020I could just add all the games that I dropped from the list to make room for other games … but I won’t, because most of them wouldn’t really fit here, as the games here tend to be games that could have made the list but had some kind of flaw that kept them off.
Star Trek: Birth of the Federation:
This is the Star Trek semi-reply to Star Wars: Rebellion, but while it provides more details on the planets it loses the characters which are what made Rebellion so good. It’s an obvious thing to do but it — and the franchise, as far as I can tell — never really took advantage of that. Still, it’s pretty fun to play and its space combat is more interesting — and faster — than Rebellion’s. It’s just not quite as good as it could be.
Afterlife:
I love the concept and the advisors. But outside of that it’s a fairly standard strategy game, and one that I’m not particularly good at.
Archon:
I really like the concept of the game — playing chess and fighting over every square — but I can’t play it anymore and even then I could outplay the computer most of the time.
Space 1889:
I really liked the concept of building characters with traits that gave then virtues and vices, but I never managed to get very far in the game. I’d play it again or the Pen and Paper version if I could find it, but it’s mostly memorable for that element and the Victorian setting than for how much I loved to play it.
Akiba’s Trip:
It actually gives you the ability to determine your own attitude to a degree that most games don’t allow. However, beyond that it’s still a fairly shallow RPG.
Conception II:
Probably one of the best attempts at a Persona-style game, but it is a bit shallow and the combat is both too shallow and boring and, because of that, a bit too hard and too grindy.
Tags:Most Memorable Games
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