Cultural Relativism vs. Universalism

Cultural Relativism

• Premise A: If there is an objective ground for judgments concerning X, then different cultures will not make different judgments concerning X.
• Premise B: Different cultures make different judgments concerning X.
• Conclusion: There is no objective ground for judgments concerning X.
• 4 Claims of Cultural Relativism:
  • There is no objective standard to judge one societal code better than another.
  • The moral code of our own society has no special status; it is merely one among many.
  • There is no “universal truth” in ethics; no moral truths hold for all peoples at all times (Dependency Thesis).
  • It is mere arrogance to try to judge the conduct of other people; we should adopt an attitude of tolerance toward the practices of other cultures.

Critique of Cultural Relativism

• Is Relativism really tolerant?: If you believe there are no moral rules, there can be no rule that requires tolerance as a moral principle.
• Absurd Consequences of Cultural Relativism:
  • Morality reduces to aesthetic tastes.
  • If relativism is accepted, then racism, genocide, oppression of the poor, slavery, and other morally wrong acts are as equally moral as their opposites.
• First argument against Cultural Relativism:
  • The fundamental mistake in the Cultural Relativist Argument is that it attempts to derive a substantive conclusion about a subject from the mere fact that people disagree about it.
  • There are 3 parts of an argument, and the conclusion does not follow from the premises.
• 4 Additional arguments against Cultural Relativism:
  • Argument from values underlying practice.
  • Argument from moral experience.
  • The Aristotelian conception of happiness - acting fairly (Εὐδαιμονία = doing well and living well according to virtues with and for others).
  • The doctrine of the “golden mean” (Virtue is a state of character, concerned with choice, lying in a mean).

Virtue Theory and Global Ethics

• Advantages of Virtue Theory:
  • It is context-sensitive.
  • It permits appropriate partiality.
• Disadvantages of Virtue Theory:
  • It is difficult to apply globally.
  • Conflicts of virtues are difficult to negotiate (see the inquiring murderer case).
• Virtue Theory and FGM:
  • Argument based on Eudaimonia: Women should have the capability to choose to have sexual pleasure in their lives.
  • Argument based on care: Care is a virtue, and FGM is embedded in systems in which women are denigrated rather than cared for, and they need to be challenged.

The Ethical Toolbox - Political Theories

• 1. Cosmopolitanism:
  • Historical origin: Diogenes (“I am a citizen of the world (kosmopolités)”).
  • Definition: All human beings, regardless of their political affiliation, are (or can and should be) citizens in a single community.
  • Main features:
    • Individuality: The individual has moral worth and is the ultimate concern.
    • Universality: Each individual should be treated equally.
    • Impartiality: Persons are the ultimate purpose for all.
  • Similarities with:
    • Kantianism: Universality (treating individuals as equals).
    • Utilitarianism: Impartiality.
  • Taxonomy of Contemporary Cosmopolitanism:
    • Moral (weak/strong) vs. Institutional (Society of States vs. World States).
    • Focus: Human individuals vs. global institutions, structures, and associations.
    • Claim: All individuals have equal dignity (moral status) vs. global distributive justice.
    • Action: Commitment to helping human beings as such vs. commitment to certain global political institutions.

Human Rights and FGM

• Negative Rights: The duty of others not to interfere in the exercise of a person’s rights.
• Positive Rights: The duty of the government and other agencies to facilitate the exercise of our rights.
• Hohfeld’s table of jural correlatives/opposites:
  • Opposites: Claim vs. no-claim, liberty vs. duty, power vs. disability, immunity vs. liability.
  • Correlatives: Claim vs. duty, liberty vs. no-claim, power vs. liability, immunity vs. disability.
• Example of positive rights: The basic right to adequate food.
• Human Rights and FGM:
  • You have the power to waive, annul, or transfer your claim against others not to violate your body.
  • You have immunity against other altering your claim against others not to violate your body.
  • You have liberty (privilege) to control your body.

Case of Tanzania

• FGM is a deeply-entrenched cultural practice.
• The country has ratified international and regional human rights instruments.
• The Maputo Protocol (2005):
  • It is binding for whatever country ratifies it.
  • Art. 5: States parties shall prohibit and condemn all forms or harmful practices that negatively affect the human rights of women and are contrary to recognized international standards.
  • Awareness and educational information campaigns.

Legal Measures

• Constitutional Provisions:
  • Right to equality and non-discrimination (art. 12).
  • Right to life (art. 14).
• Legislative Measures:
  • Penal Code, section 169A: Cruelty to children, including FGM.