. Don't Be Afraid of Ethics! by Prof. Hans Kueng |
Hans Küng |
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Is he afraid of ethics? Not very long ago my dear friend Alfred Grosser, the political theorist from Paris, whispered this question in my ear. The occasion was a televised dispute in Baden Baden, in which the presenter was once again gallantly dismissing the question of ethics with a reference to more immediate issues. This question came home to me again on reading the first contributions to the discussion on the proposal for a Universal Declaration of Human Responsibilities.1 As one of the three academic advisors to the InterAction Council, which is made up of former heads of state and governments, I was responsible not only for the first draft of this declaration but also for incorporating the numerous corrections suggested by the statesmen and the many experts from different continents, religions and disciplines. I therefore identify completely with this declaration. However, had I not been occupied for years with the problems, and had I not finally written A Global Ethic for Global Politics and Global Economics, published in 1997, which provides a broad treatment of all the problems which arise here, I would not have dared to formulate a first draft at all ? in close conjunction with the 1948 Declaration of Human Rights and the 1993 Declaration on a Global Ethic endorsed by the Parliament of the Worlds Religions, which required a secular political continuation. I say this simply to those who presuppose great naivety behind such declarations. That is certainly not the case!
I. Globalization calls for a global ethic
1.The declaration by the InterAction Council (IAC) is not an isolated document. It fulfils
the urgent call by important international bodies for global ethical standards at
present made in chapters of the reports both of the UN Commission on Global Governance
(1995) and the World Commission on Culture and Development (1995). The same topic has also
been discussed for a long time at the World Economic Forum (WEF) in Davos and similarly in
the new UNESCO Universal Ethics Project. Increasing attention is also being paid to it in
Asia.2
2. The contemporary background to the questions raised in these international and
interreligious bodies is the fact that the globalization of the economy, technology
and the media has also brought a globalization of their problems (from the financial and
labour markets to ecology and organized crime). If there are to be global solutions to
them, they therefore also call for a globalization of ethics: no uniform ethical
system, but a necessary minimum of shared ethical values, basic attitudes and criteria to
which all regions, nations and interest groups can commit themselves. In another words
there is a need for a common basic human ethic. There can be no new world order without a
world ethic.
3. All this is not based on an alarmist analysis but on a realistic analysis of society. Critics have selected a few isolated quotations in particular from Helmut Schmidts introductory article on the Declaration of Human Responsibilities in Die Zeit, printed here, and constructed a twofold charge from it:
6. So what will hold post-modern society together? Certainly not religious fundamentalism of a biblicistic Protestant or a Roman Catholic kind. In the Declaration of Human Responsibilities there is deliberately not a single word about questions like birth control, abortion or euthanasia, on which there cannot be a consensus between and within the churches and religions. Nor however, will society be held together by the random pluralism which wants to sell us indifferentism, consumerism and hedonism as a post-modern vision of the future. But in the end the only thing that will hold society together is a new basic social consensus on shared values and criteria, which combines autonomous self-realization with responsibility in solidarity, rights with obligations. So we should not be afraid of an ethic which can be supported by quite different social groups. What we need is a fundamental yes to morality as a moral attitude, combined with a decisive no to moralism, which one-sidedly insists firmly on particular moral positions (e.g. on sexuality).
II. Human responsibility reinforce human rights
1. Individual human rights activists who have evidently been surprised by the new problems
and the topicality of human responsibilities initially reacted with perplexity to the
proposal for a Declaration of Responsibilities. Here I am not speaking of those one-issue
people who wit Jeremiads and scenarios of destruction force all the problems of the world
under a single perspective (say the intrinsically justified perspective of ecology, or any
other perspective that they regard as the sum and solution of all problems of the world),
and who want to force their one-dimensional, often monocausal view, of the world (Carl
Amerys biospheric perspective) upon everyone, instead of taking
seriously the many levels and the many dimensions of human life and social reality, as the
Declaration of Human Responsibilities does. I am speaking, rather, of those who use
sophisticated arguments, like the German General Secretary of Amnesty International,
Volkmar Deile. 7 In principle he affirms a necessary
minimum of shared ethical values, basic attitudes and criteria to which all religions,
nations, and interest groups can commit themselves, but he has suspicions about a
separate Declaration of Human Responsibilities. These suspicions seem to me to be worth
considering, even if in the end I cannot share them. The main reason is that a Declaration
of Human Responsibilities does not do the slightest damage to the Declaration of Human
Rights. At any rate the UN Commissions and other international bodies cited here
8 are of the same opinion. Reflection on human responsibilities does not
damage the realization of human rights. On the contrary, it furthers it. But let us look
more closely.
2. A Declaration of Human Responsibilities supports and reinforces the Declaration of
Human Rights from an ethical perspective, as is already stated programmatically in the
preamble: We thus
renew and reinforce commitments already proclaimed in the
Universal Declaration of Human Rights: namely, the full acceptance of the dignity of all
people; their inalienable freedom and equality, and their solidarity with one
another. If human rights are not realized in many places where they could be
implemented, this is for the most part for want of lack of political and ethical will.
There is no disputing the fact that the rule of law and the promotion of human
rights depend on the readiness of men and women to act justly. Nor will any of those
who fight for human rights dispute this.
3. Of course it would be wrong to think that the legal validity of human rights depends on
the actual realization of responsibilities. Human rights - a reward for good human
behaviour. Who would assert such nonsense? This would in fact mean that only those
who had shown themselves worthy of rights by doing their duty towards society would have
any. That would clearly offend against the unconditional dignity of the human person,
which is itself a presupposition of both rights and responsibilities. No one has claimed
that certain human responsibilities must be fulfilled first, by individuals or a
community, before one can claim human rights. These are given with the human person, but
this person is always at the same time one who has rights and responsibilities:
All human rights are by definition directly bound up with the responsibility to
observe them (V. Deile). Rights and responsibilities can certainly be distinguished
neatly, but they cannot be separated from each other. Their relationship needs to be
described in a differentiated way. They are not quantities which are to be added or
subtracted externally, but two related dimensions of being human in the individual
and the social sphere.
4. No rights without responsibilities: as such, this concern is by no means new,
but goes back to the founding period of human rights. The demand was already
made in the debate over human rights in the French Revolutionary Parliament of 1789 that
if one proclaims a Declaration of Human Rights one must combine it with a
Declaration of Human Responsibilities. Otherwise, in the end everyone would have
only rights, which they would play off against one another, and no one would any longer
know the responsibilities without which these rights cannot function. And what about us,
200 years after the Great Revolution? We in fact live largely in a society in which
individual groups all too often insist on rights against others without recognizing
any responsibilities that they themselves have. This is certainly not because of
codified human rights as such, but because of certain false developments closely connected
with them. In the consciousness of many people these have led to a preponderance of rights
over responsibilities. Instead of the culture of human rights which is striven for, there
is often an unculture of exaggerated claims to rights which ignores the intentions of
human rights. The equilibrium of freedom, equality and participation is not
simply present, but time and again has to be realized afresh. After all, we
indisputably live in a society of claims, which often presents itself as a
society of legal claims, indeed as a society of legal disputes.
This makes the state a judiciary state (a term applied to the Federal Republic
of Germany by the legal historian S.Simon).9 Does this
not suggest the need for a new concentration on responsibilities, particularly in our
over-developed constitutional states with all their justified insistence on rights?
5. What Deile calls the reality of severe violations of human rights which spans the
world should make it clear, particularly to professional champions of human rights
who want to defend human rights unconditionally, how much a declaration and
explanation of human rights comes up against a void where people, particularly those in
power, ignore (What concern is that of mine?), neglect (I have to represent
only the interests of my firm), fail to perceive (Thats what churches
and charities are for), or simply pretend falsely to be fulfilling (We, the
government, the board of directors, are doing all what we can), their humane
responsibilities. The weakness of human rights is not in fact grounded in the
concept itself but in the lack of any political (and ? I would add ? moral) will on
the part of those responsible for implementing them (V.Deile). To put it plainly: an
ethical impulse and the motivation of norms is needed for an effective realization of
human rights. Many human rights champions active on the fronts of this world who
confess their Yes to a Global Ethic 10 have
already explicitly endorsed that. Therefore those who want to work effectively for human
rights should welcome a new moral impulse and framework of ethical orientation and not
reject it, to their own disadvantage.
6. The framework of ethical orientation in the Declaration of Human
Responsibilities in some respects extends beyond human rights, which now clearly say
what is commanded and forbidden only for quite specific spheres (V. Deile). Nor does the
Declaration of Human Rights expressly raise such a comprehensive moral claim. A
Declaration of Human Responsibilities must extend much further and begin at a much deeper
level. And indeed the two basic principles of the Declaration of Human Responsibilities
already offer an ethical orientation of everyday life which is as comprehensive as it is
fundamental: the basic demand, Every human being must be treated humanely and
the Golden Rule, What you do no wish to be done to yourself, do not do to
others. Not to mention the concrete requirements of the Declaration of Human
Responsibilities for truthfulness, non-violence, fairness, solidarity, partnership, etc.
Where the Declaration of Human Rights has to leave open what is morally permissible and
what is not, the Declaration of Human Responsibilities states this ? not as a law but as a
moral imperative. Therefore the Declaration of Human Responsibilities opens up the
possibility of agreement ? democratic agreement ? about what is right and what is wrong.
The responsibility of being interested in these important questions returns the manifesto
to the individual? Thus it is not paternalistic but political. What else could it
be? 11
7. If the Declaration of Human Responsibilities is mostly formulated anonymously,
since it is focussed less on the individual (to be protected) than on the state (the power
of which has to be limited), while the Declaration of Human Responsibilities is also
addressed to state and institutions, it is primarily and very directly addressed to
responsible persons. Time and again it says, all people or every
person; indeed specific professional groups which have a particular responsibility
in our society (politicians, officials, business leaders, writers, artists, doctors,
lawyers, journalists, religious leaders) are explicitly addressed, but no one is singled
out. It is beyond dispute that such a Declaration of Responsibilities represents a
challenge in the age of random pluralism, at least for the winners in the
process of individualism at the expense of others, and for all those who recognize only
provided its fun or it contributes to my personal
advancement as the sole moral norm. But the declaration is not concerned with a new
community ideology, which is the criticism made of the communitarians around
Amitai Etzioni. At least these people do not want to set up a tyranny of the common
mind and to relieve people even of individual responsibility. That is what is done,
rather, by their superficiality moral opposite numbers, who, fatally mistaking the crisis
of the present, think that they have to propagate a confession of the selfish
society or the virtue of having no orientation or ties as a way into the
future.
8. Thus like the Declaration of Human Rights, the Declaration of Human Responsibilities is
primarily a moral appeal. As such it does not have the direct binding character of
international law, but it proclaims to the world public some basic norms for collective
and individual behaviour which apply to everyone. This appeal is, of course, also meant to
have an effect on legal and political practice. However, it does not aim at any legalistic
morality. The Declaration of Responsibilities is not a blueprint for a legally
binding canon of responsibilities with a world-wide application, as has been
insinuated. No such spectres should be conjured up at a time when even the pope and the
curial apparatus can no longer implement their legalistic authoritarian moral views in
their very own sphere (far less in the outside world). A key feature of the Declaration of
Human Responsibilities is that it specifically does not aim at legal codification,
which in any case is impossible in the case of moral attitudes like truthfulness and
fairness. It aims at voluntarily taking responsibility. Such a declaration can of
course lead to legal regulations in individual cases, or if it is applied to institutions.
However, a Declaration of Human Responsibilities should be morally rather than legally
binding.
III. Responsibilities can be misused ? but so too can
rights
1. Particularly those who reject any revision of the Declaration of Human Rights (and this
is certainly also rejected by the IAC) should argue for a Declaration of Human
Responsibilities. To discredit the plea of many Asians for a recognition of
responsibilities ? traditional in Confucianism, Hinduism, Buddhism and Islam ? a priori
as authoritarian and paternalistic is to be blind to reality and arrogant in a
Eurocentric way. It is obvious that here the attack on the idea of responsibilities is
often governed by political interests. But that (makes) does not deprive the demand for responsibilities
generally of its credibility, any more than the call for freedom is discredited
because it is misused by robber baron capitalists or sensational journalists. To think
that authoritarian systems would wait specifically for a Declaration of Responsibilities
and in the future woo would be dependent on a Declaration of Responsibilities to uphold
their authoritarian system is ridiculous. Rather, in the future it will be possible to
address authoritarian systems more critically than before over their responsibility to
show truthfulness and tolerance ? which is not contained in any human rights. And this can
have an effect. Authoritarian systems like those of Poland, the German Democratic
Republic, Czechoslovakia, the Soviet Union, the Philippines or South Africa were
overthrown without bloodshed, not least by moral arguments and demonstrations, with
demands for truth, freedom, justice,
solidarity, humanity slogans which often went beyond human rights.
So human rights and human responsibilities should be seen together. A Declaration of Human
Responsibilities can serve many people as a reference document in the same way as
the Declaration of Human Rights ? and this can be significant not least for education and
schools.
2. Germans in particular have an additional problem here. Unfortunately they do not have
the good fortune of the Anglo-Americans, who have three related terms with different
emphases, duties, obligations and responsibilities where
they have to made do with one, Pflicht. It was exciting to see
how among the professionals both in Paris (UNESCO) and Vienna (InterAction Council) and in
Davos (World Economic Forum) each time quickly agreed on the term
responsibilities to translate Pflicht. Why? Because this term more than
the other words emphasizes inner responsibility rather than the external law, and inner
responsibility must be the ultimate aim of a Declaration of Responsibilities, which can in
no way enforce an ethic. If Verantwortlichkeit were accepted terminology, that
would have been preferable, but it seemed possible to use this only on isolated occasions.
3. Europeans, and especially Germans, need to be reminded that this term Pflicht in
the sense of duty has been shamefully misused in their more recent
history. Duty (towards superiors, the Fuhrer, the Volk, the party, even the
pope) has been hammered home by totalitarian, authoritarian and hierarchical ideologies of
all kinds. So one can understand the anxious projections (authoritarian state,
paternalism
), which have led to the word being made morally and
ultimately even linguistically taboo. But should abusers prevent us from taking up
positively a concept which has had a long history since Cicero and Ambrose, which was made
a key concept of modern times and which even today seems irreplaceable? So we
should not be afraid of ethics: responsibility exerts a moral pressure but it does not
compel. It follows primarily not from purely technical or economic reason but from ethical
reason, which encourages and urges human beings, whose nature is to be
able to decide freedom, to act morally. And here it should be remembered that:
4. Not only obligations but also rights can be misused: particularly when, first,
they are constantly used exclusively for ones own advantage and, secondly,
when they are constantly exploited to the maximum, to their limit of their own extreme
possibilities. Those who neglect their responsibilities finally also undermine rights.
Even the state would be endangered if its citizens made no meaningful use of rights and
employed them purely to their own advantage. Indeed, not even Amnesty International could
survive if it was governed and supported by such egoistic being in the right
instead of by ethically motivated activists. So we should be aware of false alternatives:
5. Liberating rights (in the West) versus enslaving responsibilities (in the East): this
is a construction against which resolute opposition must be declared. The Declaration of
Responsibilities which reinforces the Declaration of Rights could perceive a function of
supplementing and mediating here ? without threatening the universal validity, the
indivisibility and the cohesion of human rights. It could be a help towards avoiding a
clash of civilizations which only the innocent can suppose to be long
refuted, as soon as on the occasion of the fiftieth anniversary of the Declaration
of Human Rights.
6. I share the love of freedom, and Isaiah Berlin was certainly right in saying
that freedom is essentially about the absence of compulsion with the negative
aim of avoiding interference: i.e. freedom from. But as a former Isaiah Berlin lecturer in
Cambridge, perhaps I may modestly remark that a pure freedom from can be
destructive and sometimes dangerous without a freedom for; here the British
sociologist Anthony Giddens confirms a piece of old theological wisdom. This should
certainly not be a call for the exercise of freedom as service to the
community, which can easily lead to servitude, but is rather that freedom in
responsibility without which liberty becomes libertinism, which in the end leaves
people who live only for their egos inwardly burnt out. However, such libertinism becomes
a social problem the moment there is a dramatic increase in the number of people who
selfishly cultivate their own interests and the private aesthetic development of their
everyday lives, and are ready for commitment only in so far as this serves their needs and
sense of pleasure. Even the political weeklies and journals are slowly beginning to note
this: recently major critical articles have appeared on The Shameless Society
or The New Shamelessness.
7. We need not worry: morality and community cannot be prescribed as
obligations. And the best guarantee of peace is in fact a functioning state which
guarantees its citizens the security of the law. Here human rights are the guiding
star (not the explosive device) of such a society. But precisely because
community and morality cannot be prescribed, the personal responsibility of its citizens
is indispensable. As we saw, the democratic state is dependent on a consensus of values,
norms and responsibilities, precisely because it cannot and should not either create this
consensus or prescribe it.
8. Those concerned with human rights in particular must know that the Declaration of
Human Rights itself, in Article 29, contains a definition of the duties of
everyone towards the community. From this it follows with compelling logic that a
Declaration of Human Responsibilities cannot in any way stand in contradiction to the
Declaration of Human Rights. And if concrete forms of political, social and cultural
articles on human rights were possible and necessary through international agreements in
the 1960s, why should a development of Article 29 by an extended formulation of these
responsibilities in the 1990s be illegitimate? On the contrary, precisely in the light of
this it becomes clear that human rights and human responsibilities do not mutually
restrict each other for society but supplement each other a fruitful way ? and
all champions of human rights should recognize this as a reinforcement of their position.
It is not by chance that this Article 29 speaks of the just requirements of
morality, public order and general welfare in a democratic society. But the
asymmetrical structure in the determination of the relationship of rights and
responsibilities must be noted.
IV. Not all responsibilities follow from rights
1. The decisive question, whether expressed or not, is whether alongside a claim to rights
there is also a need for reflection on responsibilities. The answer to that is: All rights
imply responsibilities, but not all responsibilities follow from rights. Here are
three examples:
(a) The freedom of the press or of a journalist is
guaranteed and protected by the modern constitutional state: the journalist, the
newspaper, has the right to report freely. The state must protect this right
actively, and if need be to enforce it. Therefore the state and the citizen have the responsibility
of respecting the right of this newspaper of this journalist to free reporting. However,
this right does not yet in any way touch on the responsibility of the journalist or the
media themselves (which has been widely discussed since the death of Princess Diana)
to inform the public truthfully and avoid sensational reporting which demeans the dignity
of the human person (cf. Article 14 of the Declaration of Responsibilities). But that the
freedom of opinion which critics claim entails a responsibility not to insult
others is a claim to which no lawyer would subscribe.12
(b) The right each individual to property is also guaranteed by the modern
constitutional state. It contains the legal responsibility of others (the state of
the individual citizen) to respect this property and not to misappropriate it. However,
this right does not in any way affect the responsibility of property-owners themselves not
to use the property in an anti-social way but to use it socially (this is laid down as a
duty in the German Basic Law), to bridle the manifestly unquenchable human greed for
money, power, prestige and consumption, and to use economic power in the service of social
justice and social order (cf. Article 11).
(c)The freedom of conscience of individuals to decide in accordance with their own
consciences contains the legal responsibility of themselves and others (individuals
and the state) to respect any free decision of the conscience: the individual conscience
is guaranteed protection by the constitution in democracies. However, this right by no
means entails the ethical responsibility of individuals to follow their own
conscience in every case, even, indeed precisely when this is unacceptable or abhorrent to
them.
3. Thus ethics is not exhausted in law. The levels of law and ethics belong together, but a fundamental distinction is to be made between them, and this is particularly significant for human rights.
5. One last thing: the nineteen articles of the Declaration of Human Responsibilities are anything but a random cocktail. As any expert will easily recognize, they are a reshaping of the four elementary imperatives of humanity (not to kill, steal, lie, commit sexual immorality) translated for our time. Despite all differences between the faiths, these can already be found in Patanjali, the founder of Yoga, the Bhagavadgita and the Buddhist canon, and of course also in the Hebrew Bible, the New Testament, the Quran, and indeed in all the great religious and ethical traditions of humankind. No cultural relativism is being encouraged here; rather, this is overcome by the integration of culture-specific values into an ethical framework with an universal orientation. As we saw, like human rights, these fundamental human responsibilities have their point of reference, their centre and the nucleus in the acknowledgement of human dignity, which stands at the centre of the very first sentence of the Declaration of Human Responsibilities, as it does in the Declaration of Human Rights. From it follows the fundamental ethical imperative to treat every human being humanely, made concrete by the Golden Rule, which also does not express a right but a responsibility. Thus the Declaration of Responsibilities is an appeal to the institutions, but also to the moral consciousness of individuals, explicitly to note the ethical dimension in all action.
6. My final wish for the wider debate is for there to be no false fronts, no artificial oppositions between rights and responsibilities, between an ethic of freedom and an ethic of responsibility, but rather a grasping of the opportunities which there could be in such a perhaps epoch-making declaration, were it promulgated. After all, it is not every day that statesmen from all the continents agree on such a text and propagate such a cause. And above all let us not be afraid of ethics: rightly understood, ethics does not enslave but frees. It helps us to be truly human and to remain so.
Notes
1. Cf. the series on rights and responsibilities in Die Zeit, nos 41-48, 1997. Contributors included Helmut Schmidt, Constanze Stelzenmüller, Thomas Kleine-Brockhoff, Susanne Gaschke, Hans Küng, Norbert Greinacher, Carl Amery, and Marion Gräfin Donhoff. Where names appear in this article without further details they usually refer to this series.
2. Cf. the contribution by J. Frühbauer in this volume.
3. M. Gräfin Dönhoff, Verantwörtung für das Ganze, in E. Teufel (ed.), Was hält die moderne Gesellschaft zusammen?, Frankfurt 1996, 44. Or Thomas Assheuer, addressing the naively optimistic propagandists of a second modernity (Ulrich Beck); To speak of a social and moral crisis is no longer the privilege of conservatives. T. Assheuer, Im Prinzip ohne Hoffnung. Die zweite Moderne als Formel: Wie Soziologen alte Fragen neue drapieren, Die Zeit, 18 July 1997.
4. R. Dahrendorf, Liberale ohne Heimat, Die Ziet, 8 January 1998.
5. Thus the federal judge E. ?W.Bockenforde, Fundamente der
Freiheit, in ibid, 89.
Böckenförde formulated the thesis quoted above thirty years ago, in the meantime it may
be taken to have been fully accepted.
6. H. Dubiel, Von welchen Ressourcen leben wir? Erfolge und Grenzen der Aufklärung, in F. Teufel (ed.), Was halt die moderne Gesellschaft zusammen (n.3), 81.
7. Cf. V. Deile, Rechte bedingungslos verteidigen, Die Zeit, 21 November 1997.
8. There are more details in J. Fruhbauer.
9. Cf. the radio broadcast by the Director of the Max Planck Institute for European Legal History in Frankfurt am Main, D. Simon, Der Richter als Ersatzkaiser (manuscript).
10. Cf. H. Küng (ed.) Yes to a Global Ethic, London and New York 1996.
12. S Gaschke, Die Ego-Polizei, Die Zeit, 24 October 1997.
13. For this complex of problems see the correspondence between the World Press Freedom Committee and the InterAction Council.
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