2. Some elementary assertions regarding ethics: According to Coing, ethics is an inherent phenomenon to the human race and to human society, which possesses certain characteristics and at the same time an independent dimension within which it operates. On the basis of the mentioned methods of the human sciences we can make a series of statements regarding ethics:
a) Ethics is a universal phenomenon. There is no human society or culture, which has not had morals. In this sense, ethics is a primal phenomenon of man's spiritual life. According to Coing, this has been corroborated by cultural anthropologyi. Regrettably, on this point he does not indicate the sources or names of authors which support his thesis. He simply presents it as a generally valid and obvious statement. This void that his work presents can be filled by recurring to some of the authors that lye in the background of his theory on ethics, authors like Nohl, Stoker, Scheler, Patzig, Bergson and especially Morris Ginsberg. In all of these authors we can find concordant opinions with the one sustained by Coing. Now, if we accept Coing's position that morality is a universal phenomenon, an immediate doubt arises. This relates to the content that the different universal morales have had, content which is diverse and even contradictory. An objection of this nature does not go by unattended to by Coing. His line of argumentation in this aspect is similar to Morris Ginsberg's , and it has to do, among other things, with the rejection of ethical relativism. Specifically he tells us "The conclusions that can be deduced from this exam of the main variations among opinions and moral feelings can now be briefly synthesized. First of all, morality is universal in the sense that everywhere we can find an implicit or explicit acknowledgement of the fact that conduct must be regulated according to certain principles. In second place, the content of the different moral systems varies greatly, but these variations are far from arbitrary. The acknowledgment of the fact that rules must exist in order to regulate human conduct is not enough in the sense that it does not tell us what these rules will actually be. These rules have been formed slowly and with a great amount of work and they contain judgments on what is good and bad, attributable to primary experiences of value. These judgments have been made on very many different levels of knowledge and experience. However, and in third place, our greater development is evident. Development in the sense of a greater knowledge of the laws of nature and general conditions of well being, made possible by a more ample experience regarding the necessities and capacities of the human being and of the conditions of social cooperation."ii
b) A second statement that Coing makes regarding the ethical phenomenon
is that this phenomenon expresses itself in rules of conduct which contain
certain ideal forms of behavior such as virtues and values, which must
be respected and carried out. In this way our philosopher begins to make
precisions on the issue of the content of this universal ethics. In relationship
to the value content of this universal ethics, Coing makes a philosophical
classification of the ethical phenomenon from two different viewpoints.
The first places emphasis on the norm itself and the second on the value
contained in the norm or that the norm aspires to carry out. These two
classification criteria are not incompatible, rather they tend towards
the same objective and only try to characterize the phenomenon from different
angles. In this way, if we emphasize the normative aspect, ethics
is conceived as a system of internal mandates, such as laws, which tell
us what we must and must not do. Some examples of this conception include
what Coing calls "ethics of the law", such as the biblical ten commandments,
and Kant's ethics, among others. The other conception, which places emphasis
on values, begins by trying to answer the question of what objectives man
should pursue or what is true happiness. Beneath these questions lies the
idea that man should aspire to do good and to avoid bad. This principle,
which is expressed in such general terms, requires greater specification.
With this greater specification then, we have the problem regarding
the goals and ends to which man should aspire, such as, for example, courage,
diligence, etc. This conception of ethics, that may be called ethics
of virtues or of values, has in Aristotle one of its most typical
exponents. Finally, Coing tells us that while "ethics of the law"
is built around a catalog of norms, "ethics of values"
is built around a group values.
According to our legal philosopher, an immediate way that we have of
approaching values with the purpose of apprehending them, is turning
our attention to language. From the observation of the uses in the ethical
language we can deduce, according to Coing, the moral ideals of a
group and the changes that they experiment. However, this is a general
statement which needs greater specification in order to be understood.
Entering into the detail of this assertion, he tells us that whenever we
speak of values or virtues like justice, courage, truthfulness, etc.,
in the initial moment we don't associate them with rigorous and general
concepts, but rather we associate them to certain people and their
acts. Only later, in a second moment, do we associate these values with
a more general element: certain typical situations of life. For example,
the relationship of a professor with his students can be a typical
model of fair or just behavior. With this association, a bigger grade of
accuracy is introduced in the concept of values. However, the
concept of value can still be made ampler by way of analogy. This is the
case, for example, of courage, that was linked initially only to
acts of war, and which later extends to acts of civil courage. Something
similar would happen with justice and the rest of the values. However,
this amplification of the concept does not go so far as to give us the
possibility to always build a general concept of every value.
On the contrary, frequently, when we want to determine their meaning with
clarity we must recur to what he calls concrete and typical situations.
This happens also with ethical norms. Moral commandments are clarified
with precision by recurring to specific examples, like in the case of Kant's
categorical imperative or in the commandments of the new testament where
parables are used.
An important consequence that Coing extracts from the fact that
values and ethical norms are related to specific situations, is the
thesis that neither a value nor a norm, considered individually, constitute
a complete morale. This is because morality is conformed, most of
the time, by a cosmos of values. Moral life demands more than the execution
of a single value or of a single norm. Every individual value requires
another in order to be complete. Moral life is always, truly, a synthesis
of values, whether it refers to a single individual or to an entire society.
As a consequence of the previous reflections, Coing also
introduces a series of distinctions or classifications of moral values
that are of the greatest importance for the global configuration of his
legal philosophy. Starting from these classifications it is possible to
establish a hierarchy that serves as a criteria for preferring, in
the event of conflict, among different values and that, at
the same time, constitutes a formula that allows for the overcoming of
ethical relativism, problem that he is so concerned with. Before entering
into Coing's classification of values it is convenient to say
that there is a difference between the classification he makes in
what can be called the first version of his legal philosophy and the one
elaborated in the second version. We think that there is no incompatibility
among them, but they are clearly different. As we estimate that the
latter is not only more present in his thought, but is also more
fruitful, we will dedicate greater attention to it. In the first
one, contained in his work "Die obersten Grundsäge des Rechts" and
in the first edition of "Grundzúge der Rechtsphilosophie",
the most important classification is the one that he makes of values dividing
them into spiritual and material values (Scheler). He locates spiritual
values on a higher level and states that in the event of conflict they
should be preferred before material ones. Further still, he specifies that
this hierarchical superiority is determined with clarity in the intellectual
process of apprehension of moral values. In his opinion, once
we have the experience of a superior value it is impossible to give
pre-eminence to an inferior oneiii. In the second version of his
legal philosophy, the classification of values that he proposes begins
by distinguishing among those values he calls ethical values in the
strict sense and those that he calls ethical values in an ample sense.
On group belongs to the personal dimension, the other to that of
culture. That is why they can be called personal values and objective cultural
values. Within the personal values it is possible to make a distinction
among vital values (force, for example) and spiritual values (justice,
for example). However, this classification is later transformed to the
benefit of another that he considers more important (that he introduces
in the second version of his legal philosophy) which is the one that distinguishes
between "elementary or basic values" and "ideal life values ". It is this
last one that our author considers and develops. He tells us that elementary
values and ideal life values are a supposition of civilized mutual
behavior among men. In turn, among the elementary values it is possible
to differentiate two groups: one, strictly relative to the individual personality
such as diligence, self-control, honesty with oneself , etc.; and another
which facilitates human life in common, such as for example, respect
for others, justice, truthfulness, etc. To the elementary values, Coing
opposes the ideal life values. These refer to the consummation of
an individual life, as far as they allow the individual to reach a higher
level of development in diverse fields, they are the scientific values,
artistic values, etc. Now then, among both classes of values there is an
essential difference. The elementary values are directed to all and they
oblige everyone. On the other hand, the ideal life values depend on each
individual case, according to possibilities, aptitudes, vocations, etc.
The cultural objective values, on their part, represent the product of
human creation, the product itself, for example Mozart's symphony, the
Prussian State , the University of Paris, etc. They can, in Coing's
opinion, influence and guide, within certain limits, the behavior
of men but they cannot demand a specific conduct. On our part, we think
that, although the distinction between personal values and cultural
objectives, is legitimate, it is also justified to state that there are
many bonds and points of contact among them. Both are expressions
of man's spiritual activity.
c) A third statement that Coing makes with regard to the ethical
phenomenon, is that it is cultural communities that carry and transmit
norms and ethical valuesiv. Because of this, in his opinion,
their formation is based, in the first term, on education, which would
reach its goal when the one being educated assumes as his own, the ideals
and norms that he is being taught in such a way that they become part of
his own behavior. Further, Coing here warns us that morality demands that
we act out of our own intellect, according to our own knowledge and convictions.
This certainly doesn't imply that he defends the elimination of education
in this area, rather he simply defends an education that is libertarian
and respectful with the one being educated. Only one (education) that
facilitates and promotes a free moral behavior starting from one's own
conscience, would be genuinely ethical. This way then, all superior ethics
is autonomous and the fact that man is responsible for his own actions
stands out . When man commits a fault, from the ethical point of view,
he commits a fault against his true humanity, against his true destination
as a man. This is only reflected in his conscience, since the sanctions
behind ethical commandments are internal, not external.
d) In the last statement of general character that our author makes
in connection to ethics, he sustains that ethics, as far as being a cultural
phenomenon, possesses its own and independent dimension. It has its own
substance, which is not reducible to any other element that could be considered
primary. This thesis is of the greatest importance for his entire
legal philosophy because it constitutes one of the most important
foundations (if not the most important) on which he rests his theory that
the value justice also possesses its own and independent dimension.
With the purpose of demonstrating the thesis of the independence
and substance of the ethical phenomenon, Coing attacks a series of doctrines
which he qualifies as reductionists. These doctrines, although they vary
in their arguments, have in common that they deny that a certain phenomenon,
in our case ethics, possesses its own entity, but rather it is reducible
to another element considered primaryv. Among the reductionist doctrines
with regards to morals, he mentions psychoanalysis, that sustains
that morals are sublimated libido; he also mentions utilitarianism
that reduces it to an aspiration to pleasure; Lorenz's theory, for
whom morals is a manifestation of aggressiveness or of the
contention of it for the purpose of maintaining the species; Nietzsche's
philosophy, etc. Of all the doctrines that have just been named, he only
dedicates some attention to Nietzche's. For this philosopher, the
current form of morality (Nietzsche is sufficiently close to us to consider
him current), is Christian morality with a strong Socratic and Platonic
root. This morality is nothing short of the manifestation of resentment
felt by the oppressed ones, therefore morality would be reduced to this.
Apart from this, it is a degraded morality resulting from the process
of transmutation of the original values, that is to say, of the vital values
that would be the authentic values. According to Nietzsche, the development
of this process of transmutation of values can be followed through
the history of language. Many of the words that now designate moral
values (in the current sense pointed out by Nietzsche), in the past designated
physical or corporal qualities, that is, values understood in a vital sense.
To refute these reductionist theories in ethical matters, Coing, in the
first place, tells us that the eventual knowledge of the historical development
or of the evolution of an organ, of a feeling or of a spiritual quality,
doesn't give us enough information about the essence of these realities.
Coinciding with the ideas of Rudolf Otto as presented in his book on the
sacredvi, he sustains that the mentioned evolution is a condition
for certain feelings or psychic processes to occur, but they are not their
cause or element. In second place, an argument against these theories would
also be the immediate fact, because moral feelings are there, immediately
present, they exist and they act out. Therefore, reductionist theories
start off on the wrong foot when they try to explain morality by means
of complicated hypothesis that cannot be demonstrated in their detail.
For example, Nietzsche takes for granted the fact that the virtue of humility
also expresses authentic life experiences and is not just manifestation
of pure resentment. With regard to the utilitarian doctrine of Bentham,
a critique can be formulated in connection with the concept of pleasure
to which he seeks to reduce morality. Indeed, he uses it in such an ample
sense that in it we can fit an infinity of elements, and as a consequence
of this in the end we cannot explain anything but rather darken that which
it seeks to clarify. In the first edition of "Grundzüge der Rechtsphilosophie"
we find a statement (that appears in another context in the second)
relative to the reductionist theories: " Those theories succumb to a tendency
that without a doubt is characteristic of all human thought, but that
often leads us to error and that is the tendency towards monism,
to reduce to an only cause the unquiet multiplicity of phenomena " vii.
In conclusion, morality is for our philosopher an irreductible
and original element of spiritual life that possesses its own dimension
and sustainability. Next, we will see that morality is also an object of
study that is located inside the realm of rationality.
3. The answers of the human sciences (geisteswissenschaften)as instruments
for affirming the rationality of ethical knowledge:
After affirming the existence of ethics as something substantive,
non-reductible to other elements, Coing goes about the task of proving
that knowledge of the ethical phenomenon falls within the realm of the
rational, that propositions and ethical judgments can be analyzed
and founded on a rational basis. In opposition to this theory we have extreme
positivism and relativism, both of which deny this characteristic to ethical
propositions or judgments. These are not objective propositions, but rather,
they are only positions adopted by the person who is judging or by
the group to whom he belongs, without any scientific foundation.
For relativism, on the other hand, what happens is that once we arrive
at a certain point (point up to which one can argue rationally) we must
choose between values or systems of values. This choice implies an irrational
decision. Coing arguments against each one of these positions separately.
With respect to extreme positivism he reminds us of the
observation that has been made regarding opposed moral judgments. These
opposed moral judgments that people sustain regarding the same facts, should
not be considered as contradictory, because those people may have different
feelings regarding those same facts. In this way, it would be compatible
if one person says that "Leonid in Termopiles acted well and heroically",
and if another says "he acted badly and in a cowardly way". This situation
that Coing considers shocking viii at first sight, he will later consider
as totally lacking any basis or foundation. On the basis of this analysis
he establishes that moral judgments do not respond to pure arbitrary
feeling, but rather they have an objective foundation. Indeed, we
already know that values have an effective existence (among them
moral values as we have seen) and that the initial form that we have
of apprehending them is referring them to some certain typical situations.
We take as a model, among others, a certain behavior and based on it we
elaborate a concept about the value in question, which may be more or less
exact but that nonetheless gives us an objective base on which to build
it. For example, based on a certain act of physical courage that
we consider a typical situation in this respect, we form a concept of courage
which we never separate from this factual and concrete reference. When
we later want to formulate some kind of judgment of other behavior, what
we do is compare them, measure them with the typical behavior that
we have taken as reference and on the base of which we have formed the
concept of value. This concept then is not an abstract concept,
but rather a concrete one, inseparable from the factual situation.
We will see later that, for Coing, there are diverse forms of conceptualizing,
not only the abstract form. This way then, considering the comparison
and measurement, the value judgment that we formulate is framed in the
realm of objectivity and rationality. Of course the example that
we have used here is elementary and representative only of the initial
phases of the construction of value judgments. It is only the first step,
although without a doubt it is the most important one, which
is susceptible of amplification and development. "If we have a situation
that is not referred to any specific value, it is possible to build it
relating it to one, possibly by means of analogy. This way for example,
for the cases of civil courage, we will compare and conclude that for each
real life situation we need the same requirements as for the case of Leonid
that we already discussed. In this way, ethical thinking, as well
as legal thinking , is developed on a case to case basis. We pass on the
value judgments from one case to another. Apart from this, we must
also state that in ethical studies for the most part, the exact investigation
and analysis of the facts plays a major role.ix " Once this point
is reached, point which marks the overcoming of extreme positivism, we
are faced with the problem of relativism because in order to formulate
an ethical judgment, Coing tells us, the most frequent thing is that we
need to consider a plurality of values, not just one. There is the
certain possibility of conflict among them, therefore we must find a way
to solve that problem. We have already seen that our philosopher makes
a series of classifications among values, which sets down a basis
on which to sketch a hierarchy and a criteria for preference.
In this case, he limits himself to reminding us of the existence of it
and of the possibility of recurring to it. But in particular, he
develops a more concrete procedure with this purpose. He tells us
that, when several values are implied and we want to formulate a judgment
with respect to them, we must first establish which is the decisive value
in order to clarify the situation and not to reproduce conflicts and contradictions
that would invalidate it as rational judgment. The basis to solve this
problem, according to Coing, can be found in the same situation where
values are present and in their concrete circumstance. Therefore
in order to solve it concretely we must appeal to experience. For example,
if somebody is left as depositary of a weapon, and he knows that
the person that left the weapon wishes to commit murder with it, he has
a conflict between his duty to return it (value) and his duty to
avoid the commission of a crime (value). Here it will be the concrete
case and its circumstances which will determine the basis on
which we will choose a value, since it is in real life experience where
values are defined mutually. Certainly, examples of this type can
be found almost without limit. Coing finds one very suggestive example
in the review that Perelman makes of the many definitions of justice that
have been givenx. Determining which is the most appropriate,
this philosopher estimates, will depend mainly on concrete circumstances.
For example, if it is defined as "giving to each one according to his
necessities", in order to determine whether this is correct or not we must
look at whether there are sufficient resources to satisfy this need,
etc. In this way we can see that the whole process of elaboration of value
judgments is a rational process, being concreteness (and not abstraction)
one of its main characteristics. Of course this rationality is not that
of subsumption which is characteristic of formal logic, but rather
that of human sciences which is justified argumentation. "This is
valid for the factual side of the matter as well as for the ethical considerations.
It is possible that an ethical proposition can only be initially verified
intuitively, in connection with our feelings. Later this emotional
position can be controlled and justified based on rationality. By
this means ethical propositions are also included in the sphere of
rationality, as far as practical reason. Ethical value judgments, therefore,
are authentic judgments. They verify that a certain behavior, according
to certain values, corresponds or doesn't correspond to a valuable ideal"xi.
Now we will consider in more detail how our author refutes relativism.
Before approaching this matter, however, we want to state the way in which
he approaches the problem of the existence and knowledge of ethical
values in the first edition of "Grunzüge der Rechtsphilosophie"
where the influence of Dilthey, Scheler and Hartmann is more noticeable
than in the second edition. "We arrive at ethical knowledge through reflection
on the content of our moral feeling, or, in Dilthey's terms, by means
of an analysis of the moral conscience. All moral knowledge is based on
the experience of values that take place within our feelings
and in acts of preference. In our moral conscience we are faced with
certain spiritual facts: justice, truthfulness, loyalty, etc., which we
call values. They constitute an independent realm within the ideal being.
Also here it is necessary to distinguish between our own representations
and feelings and the facts at which they are aimed. Values are not
mere phenomena of conscience: they are independent of the conscience that
apprehends them. The analysis of the moral conscience results in
the fact that in the moral terrain we are not in the presence of a unique
value, (the value goodness, for example) but rather in the presence of
a multiplicity of specific and diverse moral values. To say it graphically,
we will speak of the kingdom of moral values, kingdom that is presented
to us in our moral feelings".xii
Turning now to the issue of how Coing argues against relativism,
we must begin by expressing that with what has been said previously only
the groundwork has been set. The task is still far from complete. Although
the consideration of the concrete situation allows us, on one hand, to
determine the values implied in relationship to the problem that we are
interested in solving and, on the other, to reduce the number of possibilities
as far as specifying which is the main value for the formulation
of a proposition of this class, reduction usually does not go all the way
to the point of establishing an only value as the most important but rather
only arrives at a point where we are left with some (two or more) values.
We must then choose one of these values. However, it is on this point that
the divergence of opinion arises among the different relativist doctrines,
some of which sustain that this choice is irrational and the other ones
(among which we find Coing's theory) that sustain its rationality. To prove
his statement, our philosopher finds support in the work of Morris Ginsberg,
but also, to a lesser degree, in Scheler and Patzig. We are interested
therefore in presenting what Ginsberg understands by ethical relativism
(or ethical relativity to use his terminology). "Ethical relativity
should mean, in the first place, that moral value is relative with
regards to the subject who affirms it or regarding the society within which
it is commonly held. In both cases, the consequence is that there is no
rational way of deciding among different moral judgments and individually
that the distinction between true and false cannot properly be applied.
But ethical relativity is sometimes used in another very different sense,
to imply that what is fair under a series of conditions can be unfair in
another, or, said in another way, that to value the moral quality of an
act we must take into consideration the circumstance or situation that
surrounds it. Relative, in this sense, means that it must be related with
the conditions and circumstances, to the subjectivity or the mentality
of the person being judged " xiii. In our view, it is perfectly licit,
and also convenient, to distinguish between these two meanings of the expression
"ethical relativism" (or ethical relativity in the recently used terminology).
This should not take us to the point of opposing them rigidly, which Ginsberg
doesn't do, even though it should prevent us from the negative consequences
of confusing the two. Further still, we think that it is possible to find
in both meanings, (in our opinion) a point of complementation. This is
so despite the fact that at first sight Coing's concept of ethical relativism
coincides with the first concept presented by Ginsberg, because, as we
must remember, moral values for him are formed beginning from concrete
typical situations. Of course Coing doesn't want to insinuate with this
that between the concept of value and the respective typical situation
the relationship of dependence is necessary and absolute. We have already
said that Coing presents a sort of attenuated relativism, not an extreme
relativism that is the one that he now tries to overcome. To go about this
task he begins by stating that it is an effective truth that different
valuations are carried out within the different cultures and further still
within one culture in different historical times. For example we
can see, on the one hand, the different forms of valuing the man and the
woman in the classical ethical system of Islam, and, on the other,
the different valuation of sexual morality, in western society,
in Victorian times and in our times. Immediately though, he notes that
the difference in moral valuations are not as great as they appear at
first glance. Differences are smaller than if ethical valuations were only
a matter of individual feelings or if they were associated to a group.
It is certainly important for the objectivity and rationality of
ethical propositions, and especially in order to overcome relativism, that
the valuation of the same facts and of the same behaviors (also considering
the problem of determining when the circumstances or situations are the
same) does not present great differences. Coing tell us that the ethically
correct valuations that men make, (in spite of the differences in
times and of cultures) have a high degree of coincidence due to the
following reasons:
In the first place, because we often include as ethical valuations,
certain points of view that truly have nothing to do with moral issues,
but rather deal with extra-ethical matters. What happens then, is that
we believe that we are faced with different ethical valuations of a fact,
when in reality what we have is a different appreciation or different
point of view on an extra ethical issue. This could be the case, for example,
of two different scientific conceptions of the same phenomenon. Coing gives
us the example of how diverse cultures have understood the phenomenon of
procreation. Another extra ethical element that plays an important
role in making it appear as if there were more numerous and deeper differences
than there are among the ethical valuations that men make (and which apparently
Coing only considers as a social or cultural element) is presented
by Coing based on the distinction made by Bergson between open morals (universal)
and closed morals. In agreement with Bergson, he says that respect
for life and freedom, is something that, in one way or another,
is present in all societies. However, the fact that frequently these rights
are only given to members of the group, is a typical example of closed
morals that open morals must overcome since it implies attributing
to people of other groups characteristics that are notoriously false, such
as ones related to their physical or psychological qualities. All high
morals are always universal, Coing tells us. There is still, for Coing,
another extra ethical element that as the previous ones, plays a role in
deforming moral valuations. This element is the general living conditions
of a society. For example, in a society where duel is accepted or
one in which the woman occupies a certain position, different moral valuations
will be made that in another where the duel is not acceptable as
a suitable challenge, or the woman occupies a different position. Based
on all this he concludes that after eliminating all of these extra ethical
elements, we are left with an ample consensus ( not a total one certainly)
among ethical valuations and value judgments that are formulated in diverse
times and cultures.
A second reason why we can state that there is actually
greater coincidence than difference among the different moral valuations,
can be extracted from the classification of values that he proposes.
He says that coincidence of opinions in connection with the basic ethical
values, is much greater than with regard to the ideal life values, or to
the cultural objective values. This distinction, in Coing's opinion
has not been sufficiently taken into consideration. This way, for example,
when Max Weber (who from a relativist position highlighted the issue of
conflict among values), refers to conflict of values he usually considers
cultural values, such as for example what profession to choose or whether
to opt for French or German culture, etc. but he leaves out basic values,
such as justice, which he simply does not consider. This
is a major error because this coincidence with regard to basic values is
not only important in the sense that it mitigates the effects of relativism,
but also because it contributes to the greater rationality and objectivity
of value judgments. In spite of all of this, ( the elimination of
extra ethical elements in order to evaluate moral judgments and the distinction
between basic values and those that are not basic) an important
residue of relativism subsists, which plays against this desired objectivity
and rationality of ethical judgments. Because we will always ask
ourselves questions like these: must we opt for a fair distribution
of goods, or for a free market economy?, if we choose the first alternative,
won't we be postponing freedom?, is it more important to worry about personal
development or to serve to the community?, etc. It is necessary,
therefore, to reduce relativism to tolerable limits since, in general,
it is not possible to eliminate it completely. Further, we think that from
Coing's perspective it would not be convenient to eliminate it totally
because this way we leave a certain space for liberty (given the nature
of human knowledge) and for the development of science.
To reduce relativism to these reasonable limits, Coing proposes
certain rules or criteria that constitute appropriate instruments to measure
the objectivity of moral valuations. They conform, in his opinion,
the third reason why we can state that moral valuations (when they are
made correctly), are not in fact as diverse as they seem. He formulates
these criteria of objectivity mainly based on the work of Ginsbergxiv,
and in his opinion these criteria should be the following: "a) We have
seen that moral valuations are frequently closely related to the consideration
of factual circumstances. The greater or lesser accuracy in
the consideration of such factual circumstances is, consequently, a first
approach for the valuation of moral systems. b) Another approach
is the internal consequences of a moral doctrine. This doctrine cannot
present internal contradictions. A contradiction of this type is given,
for example, when a moral system proclaims on one hand, the importance
of man's interior value, but, on the other hand, upholds the protection
of man's external honor by means of a duel. c) A third approach would be
the universality of the moral system. A superior moral system
is universal, it includes all men, giving every individual personal value.
An inferior moral system is linked to a group, it considers moral bonds
only within the members of the group. This distinction between "Morale
ouverte" and "Moral close" has been presented plastically by Bergson.
It is clear that this approach is closely related with the first two. d)
The last point of view is obtained starting from the consideration
that any ethical formation of man tends to elevate man, to a configuration
of the natural being by the spirit. Liberty, in the sense of simply
letting one be, cannot be a moral principle. This already seems to be in
man's biological structure. To be a man means to be subjected and coerced
by norms. All conventions, all morals, all law, articulates, channels
and subjects the corresponding tendencies. From this, two consequences
are obtained: ethics cannot forget that it must form a being of nature,
nor can it forget that it must educate him as a spiritual being. According
to these approaches, we will distinguish the primitive ethical cultures
from those that are developed. Because of this we do not accept,
from the start, as being correct, every change in fact in value
".xv
With all the above mentioned, he hopes to have demonstrated the possibility
of a rational ethics. That the apprehension of ethical values
is not something that is carried out by means of the irrational feeling
but rather it falls fully within rationality. Obviously, these ideas of
Coing are, perfectly susceptible of being subject to critiques. In
our view , the core of this critique can be found in the problem of the
validity of the methods of the human sciences in the way that he understands
them. Especially as they would make formal logic inapplicable in their
field. Our opinion is that neither the uselessness of formal logic, nor
the utility of other methods is sufficiently demonstrated. Also, we find
that he uses indiscriminately a terminology that is related to logical,
epistemological, and methodological issues, as well as to a variety
of other disciplines, without introducing the appropriate distinctions
to avoid confusions among them. A series of other particular critiques
can also be formulated such as, for example, if those elements that he
qualifies as extra-ethical are really extra ethical. This seems doubtful
in many cases. Likewise, the utility of the classification of moral values
in avoiding relativism seems scarce because he presents it in an
incomplete way, etc. With everything, the great merit of Coing resides
in approaching in a serious, reasoned and rigorous way a topic that is
recurrent in the field of ethics, of philosophy and of the philosophy
of law.
i - "The main task of cultural anthropology is, the study of the similarities
and differences in behavior among human groups, the description
of the character of the diverse cultures and of the processes of stability,
change and development that characterize them. Each one of the big
groups of men has elaborated a different series of answers to the
same problems that they must all face". Article on cultural
anthropology, in "International Encyclopedia of the social sciences", p.
398, Volume 1, Spanish edition , Madrid, Editorial Aguilar, 1974.
ii Ginsberg, Morris "On the diversities of morals"
p. 118-119. This essay, in Spanish, is included in a collection of articles
titled "Essays on sociology and social philosophy", Madrid, Editorial
Aguilar, 1961. Translation Adolfo Maillo.
iii Coing, "Fundamentals of Legal Philosophy", pg. 122, Barcelona, Ariel,
1961 (reprinted in 1976).
iv - Coing "Grundzüge der Rechtsphilosophie", p. 106, Berlin,
Walter de Gruyter, 1976
v - " Reductionism in the absolute sense is an epistemological
theory , corresponding to a monistic ontology that postulates the
strict reduction of all the integrative levels of reality into one
level and consequently of all the sciences to one science. In a relative
sense one can also maintain a limited reductionist attitude, limited to
some of the levels of reality. This type of weak reductionism
or relative reductionism is common in the social and human sciences,
and expressions of it are economicism (to reduce all the levels of
social reality to the economic one), sociologism, psychologism, etc". Quintanilla,
M.A. "Dictionary of contemporary philosophy" p. 424, ed. cit. Even
though this form of understanding reductionism is very helpful and
clarifying , the definition of Ferrater Mora seems to us more appropriate
to the ideas of Coing . Ferrater Mora states that the term reduction can
be used in logic, in psychology, in phenomenology, in natural science and
in "a very general sense". Referring to this last one he tells us that
reduction is the act or fact of transforming something into an object
considered as previous or more fundamental" . Ferrater Mora, José
"Philosophy Dictionary", Vol. 4, p. 2801, Madrid, Editorial Alianz, 1980,
second edition in Alianza Dictionaries.
vi 6. - Otto, Rudolf "The sacred thing. the rational thing and
the irrational thing in the idea of God". Madrid, Editorial Alianza, 1980,
Translation: Fernando Veils.
vii Coing ,"Foundations of the philosophy of law", p. 114 op. cit.
viii The example here cited is taken by Coing from Patzig.
ix Coing ,"Grundzüge der Rechtsphilosophie", pgs. 111-112, op.
cit..
x Perelman, Chaim. "On Justice", Mexico, UNAM, 1964, translation
by Ricardo Guerra
xi Coing "Grundzüge der Rechtsphilosophie" p. 114, ed. cit.
xii - Coing, "Foundations of the Philosophy of Law ", pg. 120, op.
cit.
xiii Ginsberg, Morris "On the diversity of morals", pgs. 120
and 121, ed. cit.
xiv Ginsberg, Morris, "On the diversity of morals", pgs. 120
and 121, ed. cit.
xv - Coing, " Grundzüge der Rechtsphilosophie", pgs 118-119, ed.
cit.