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The Quality
of Mercy
Review by Lucy Sullivan
Click
here for PDF version
Social
Welfare and Individual Responsibility: For and Against
By David Smidtz and Robert E. Goodin
Cambirdge University Press, Oakleigh, Victoria 1998, 212pp,
$26.95,
ISBN 0 521 56461 1
A
fairly cautious friend of mine, in a moment of inexplicable
motivational aberration, stopped on a country road for a hitchhiker
of outlandish hippie appearance. Her two young children were
with her, and Michael, as was his name, immediately organised
her daughter out of the front passenger seat into the back,
so that he could have the position of greater comfort and
priority. As they set off he asked if they had any lollies,
and by the end of the trip had demolished all but three from
a large tin. He insisted that my friend, by now in a state
of advanced trepidation, go some six kilometres out of her
way to drop him exactly where he was going, even declining
to get out of the car on the opposite side of the road from
his destination.
On the way
he told her several tales of his doings. Not long before she
picked him up he had gone to a farm house and asked for food.
On being refused, he had taken a number of avocadoes from
a tree in the yard. ÔThe Lord helps those who help themselves,Õ
he said, in confident self-justification. He presented my
friend with two avocadoes as a parting gift.
There is an
obvious slippage between the traditional meaning of the saw
Michael quoted, and the meaning he attributed to it. Its intention
has been to encourage personal effort, not theft of the fruits
of the labour of others. Although the viability of this distinction,
of this veritable antithesis in moral meaning is obvious,
I hope, to most of my readers, it is resolutely denied by
Robert Goodin, in his critique of the new discourse of responsibility
and independence in relation to welfare. His essay appears
in Cambridge University PressÕs Social Welfare and Individual
Responsibility: For and Against, a book in which two self-avowed
philosophers contribute contrasting essays on the desirability
of obligation-free welfare, with Goodin for and Schmidtz against.
The new element
in the discourse of welfare of the last decade or so (in fact,
it is a recurring element whose importance was recognised
at least as far back as Elizabethan times) is an attempt to
respond to the reality that, given the fallen nature of humanity,
relief of need contains within itself the seeds of renewal
of the problem it seeks to allayøthat is, that if a livelihood
is provided for those who cannot or will not find work, the
temptation is created not to work even when work is possible
and available.
Schmidtz accepts
human imperfection and the need for rewards and punishments
to keep the worst and best of us on track, and therefore his
focus is on prevention of welfare dependency, conceived as
a social illøon the need for a response which is prophylactic
rather than iatrogenic (in which the process of treatment
causes a new disease); whereas Goodin maintains a deterministic
theory of human natureøthe ÔgoodÕ (the middle classes) will
be good no matter what the rewards and punishments, and the
ÔbadÕ (the underclass) will be just as imperviously badøincapable
and unfortunate. Goodin therefore focusses on palliative care.
The question, he says, is not whether it is good to take personal
responsibility, but what to do for people who do not. Neither
prevention nor cure have a place in his social landscape.
GoodinÕs tone
throughout is one of moral superiority and opprobrium towards
those who beg to differ from the Fabian viewpoint which has
dominated thinking about welfare for most of this century.
This is odd in that he appears to believe that by showing
that the proponents of self-reliance derive their views from
a ÔmoralÕ position he has demolished their argument. Schmidtz
takes the more traditional academic approach of argument within
a context of ultimate uncertainty.
GoodinÕs view
of the moral imperatives of welfare is as fixed in the terrain
of mid-century as if the developments of the last three decades
had never occurred. He appears to believe that disparagement
of the English Poor Law for its distinction between the ÔdeservingÕ
and ÔundeservingÕ poorønamely between those who cannot and
those who will not workøis self-evidently proper, rather than
merely a weapon used in the early battle for its substitution
by non-judgmental state welfare under Fabian auspices.
Under the
Poor Law of last century, the able destitute were required
to work, and those who refused were not eligible for relief.
Support for those who could not workøthe elderly and the disabledøwas
provided in their own homes, but those capable of work were
provided with institutional relief (the workhouse) rather
than money, so that market employment (economic independence)
remained their only means to independent living.
Goodin rightly
discerns in present day suggestions that able welfare-recipients
should recognise an obligation to making themselves independent
(Reagan, Thatcher, Mead) a repetition of the discriminatory
efforts of the Poor Law, and this makes them, by definition,
anathema. He quotes MichaelÕs ÔThe Lord helps those who help
themselvesÕ as evidence of the long history of this pernicious
attitude, which he also acknowledges in the words of one of
the great nineteenth century pioneers of the investigation
and relief of poverty, William BoothøÔthe curse of relief
expected and relied upon.Õ
The modern
discourse of responsibility in welfare, like the Poor Law,
projects different conditions for the able as against the
helpless, thus repeating the old deserving/undeserving dichotomy.
Old Age Pensions are not a target for disapprobation on the
same scale as is the Sole Parent Benefit, or the ADFC as its
equivalent in the United States is called. (The arguments
of both essayists address the American perspective.) Goodin
marshalls what I can only consider a flagrantly specious series
of points, so adrift are they from reality, in order to argue
that this discrimination is not valid, and that therefore
all Ôsafety nets must be unconditional.Õ
Thus Goodin
rejects any attribution of responsibility to individuals for
fertility or health, as if such matters as using birth control,
eating well and avoiding drugs were beyond individual control.
He seems to have lost sight of the possiblity of abstinence,
of having sex only in an established partnership which can
provide for the child, and does not even raise the question
in order to demolish it. He would say that these irresponsibilities
are socially determined, but fails to see that the very belief
that they are beyond control for some classes is part of social
determination, for non-stigmatization releases behaviour.
He says that the disadvantaged are least able to access birth
control, but does not account for the relative absence of
unmarried mothers before the pill, nor acknowledge that their
ÔdisadvantageÕ is perhaps a result, rather than a cause, of
their non-use of birth control.
The responsibility
and prudence which serve to distinguish the deserving from
the undeserving are, he asserts, mythical: it is simply not
true that people make Ôwhole lifeÕ plans. Anyone who has read
Passages or seen the series 7-, 14-, 21- etc Up will know
that this is by no means universally true. That the plan may
be changed, and is unlikely to be entirely fulfilled, is not
the point. An attitude of planning shapes behaviour in the
direction of prudence. Goodin actually recommends against
eschewing the use of heroin on the grounds that one cannot
be sure that one will become an addict. Such beliefs and attitudes,
projected onto a generation, are the basis of the welfare
problem.
Using a counter-analytic
rhetoric, Goodin argues that because some forms of dependency
are proper, there are no grounds for impugning others as improper.
We see no harm in our dependence on banks and police. Why
then disapprove of dependence on welfare? Goodin canvases
a range of possible differences between approved and disapproved
dependency in order to demolish them, but misapplies the crucial
one of exploitation. Police and banks may exploit those who
engage their services. But welfare dependency is an exploitation
of those who provide the service. The bank client can withdraw
his custom, but state-provided welfare does not permit the
provider, the working taxpayer, to withdraw his service if
it is exploited. At least, Goodin would not have it so, for
this is what the welfare obligation argument is all about.
This opacity
of understanding appears again when, in relation to the pregnant
teenager he asserts (p.132): ÔIt is unclear why dependency
on the state should be so much more objectionable than personal
dependency on parents.Õ The girl, dependent on her parents,
must recognise obligations and duties to them which balance
her dependency and will serve to influence her future behaviour;
while the girl dependent on the state which dispenses obligation-free
welfare is under the impression that she is a free agent.
In fact, her freedom represents someone elseÕs (some other
parentÕs) expropriation.
Perhaps GoodinÕs
most stunning assertion (surely post-modernist) is that the
expectation of working is socially constructed and is ÔfoistedÕ
upon young and old alike. What underlies the acquisition of
even the basics of food and shelter is apparently invisible
to him. In his view, work is presumably optional for the whole
human race. Given this ethereality, perhaps it is not surprising
that he fails to perceive the Ôearned rightÕ principle which
was so prominent in the minds of the founders of AustraliaÕs
early welfare structure, and which creates the moral difference
between the benefit provided for the old person who can no
longer work and for the young person who never has and intends
not toøwho pursues lines of action (such as pregnancy and
drug abuse) which will put her/him in the incapable category.
But from the
palliative care viewpoint, the reality of need takes precedence,
and the need of the single mother is not only as real, but
as deserving, as that of the aged person. GoodinÕs determinism
means that he will not acknowledge the single motherÕs voluntary
role in the construction (in a material, not conceptual, sense)
of her need, as compared with the inevitability of aged infirmity.
Goodin does
not see that the obligations sought for the welfare-dependent
are no different from those under which the self-dependent
operate. He is outraged that the welfare dependent should
have to comply with any rules of eligibilityøsuch as giving
personal details and reporting for confirmationøforgetting
the much larger burden of compliance required of those who
earn an income (who have to report every day, stay there for
hours, and even perform designated duties). He deplores the
earlier disqualification from ADFC if co-habiting with a man
as ÔarbitraryÕ, but apparently has no similar qualms about
disqualification arising from marriage.
He damns schemes
which make welfare payments dependent on taking training as
ÔthroffersÕ (threat + offer) øas morally wrong, since they
remove free choice: train or starve. But the person who works
for a living is equally in the grip of a throfferøhe too will
lose his payment if he does not perform as required. Such
schemes merely return the welfare-recipient to the normal
position of the working population. If everyone assumed the
freedom of choice Goodin requests for recipients, everyone
(including welfare recipients) would starve.
Goodin argues
that the collectivism expressed in welfare schemes is not
different in character from that expressed in private insurance
schemes, and that there is therefore no case for regarding
only the latter as involving self-reliance. But again, the
distinction between deserving and undeserving is crucial,
as is the distinction between assurance and insurance. Disapproved
welfare dependency, that which eschews obligationøthe dole
bludger and the sole parent by choiceøis that which avoids
the contributions implicit in assurance and the exercise of
prudence implicit in insurance. He argues for an absence of
obligation in welfare on an analogy with the removal of fault
elements from various insurance schemesøfailing to see that
this development has produced problems for insurance similar
to those which have occurred in welfare.
ÔWe have,Õ
he says (p.158), Ôfor all sorts of purposes, abandoned distinctions
based upon ascriptions of personal responsibility, liability
and blame. We have, for all sorts of reasons, shifted instead
to no-fault schemes of compensation.Õ Therefore we should
be Ôwary of reverting to models of Òpersonal responsibilityÓ
in other social welfare contexts where causal factors are
similarly complex and intertwined.Õ The first step was, he
says, no-fault workers compensation, followed by no-fault
divorceøboth of which have been PandoraÕs boxes of expense
to the taxpayer. It may have looked, in anticipation, as if
the effort to be just was fruitlessly costly, but in the working
out this has not been so, and in all sorts of areas, not just
welfare, bureaucracy is in reverse from this error of judgment.
The cost of reading water meters turned out to be less than
the cost of the extra water used when Ôuser-paysÕ was abandoned,
and it has now been re-introduced. Insurance has moved into
no claim bonuses and charging higher premiums for some categories
of insurers in response to careless exploitation. It has recognised
the problem Goodin is denying.
It is more
effective, he says, to install airbags in cars than to persuade
individuals to buckle up. This is patently untrue. Seat belts
are used effectively when they are made obligatory, and are
more reliable than airbags, which also make cars more costly.
Be this as it may, Goodin asserts a universal moral responsibility
for one anotherÕs welfare, despite voluntary destructive behaviour,
which he apparently finds no need to justify philosophically,
relying instead on accusations of bigotry against those who
disagree. (No doubt his belief in social determinism underlies
this position, but his belief in the unrelievable incapacity
of welfare recipientsøtheir sub-humanity (no free will) and
stupidityøis just as worthy of this label.)
His version
of where responsibility lies is becoming increasingly influential
in the mores of litigation, and yet is profoundly dysfunctional.
He, and the courts, prefer to place responsibility on the
non-participants in an event, rather than assert the responsibility
of the participant to take preventive action. He would not
blame the mother who watches her child fall into the family
pool and drown and makes no effort to save it, but rather
the neighbour for not building a fence around the pool for
her. To Goodin, the neighbour was responsible for the childÕs
drowning. And if the fence is built, but the mother props
the gate open for ease of access, and the child drowns, Goodin
would not blame the mother, but the neighbour for not providing
some extra device which will protect the child without inconveniencing
the mother.
There is no
end to this tale of saving the innocent, of collective responsibility.
The sins of the fathers (and mothers) will be visited on the
children, no matter what efforts society makes to recompenseøas
we see in the depressed lives of welfare children. The only
solution is for the fathers to stop sinning. Goodin, with
his abstract tender heart, encourages them to continue.
After using
the variety of applications which such words as self-reliance
and dependence enjoy as the crux of his deconstruction of
the new welfare critique, Goodin admits that there is a need
for further analysis and that their breadth of meaning is
problematic to their moral purchase. Schmidtz, by contrast,
attempts to show that a negative moral effect in one context
does not necessarily cancel out a positive one in another.
In particular, he explores the differences in practical and
motivational utility of different types and levels of collectivism.
A key concept in his argument is what someone has termed,
with historical reference, Ôthe tragedy of the commons.Õ
While GoodinÕs
view of society is essentially staticøan underclass who cannot
help themselves and a middle class who must help them, Schmidtz,
by contrast, specifically espouses a dynamic perspective.
For him, the problems which welfare palliates are created
by the actions of individuals, and the focus should be on
preventionøon the reform of behaviour. In that individual
behaviour is influenced by social structures, reform of the
latter is also implicated.
It is important
that the premises on which social structures are built are
conducive to societyÕs productive operation, and Schmidtz
daringly (bigotedly?) suggests that, in these terms, the ideal
of equality of material possessions may be dysfunctional.
A particular version of equality of possessions is represented
by the commons, the collective ownership of common property,
without regulation. If a piece of land is held in common for
grazing purposes, without rules as to stocking, the outcome
is for every person with common rights to put as many animals
as possible on it, to maximise his gains, and the outcome
is degradation of the land and loss of sustainability. Schmidtz
sees dangers of this outcome for the collectivization of welfare,
without rules of accessøthe depletion of societyÕs resources
and bases of productivity.
The opposite of collective ownership of property is private
possession. Whatever the principles of first possession, private
ownership never remains equal across a society. Schmidtz discusses
the philosophical justification of private propertyøits value-added
consequences which derive from and justify the owner, and
which in large part make it preferable to common ownership,
which depletes rather than adds value. Theoretically this
need not be so, but in practice it is hard to avoid.
he motivational
difference which derives from private ownership and makes
it profitable is, Schmidtz says, internalisation of responsibility,
in contrast to the externalised responsibility of the commons.
This means, not that externalisation is absolutely tied to
collective enterprises and internalisation to private ones,
but rather that care must be taken to ensure the continued
operation of internalised responsibility in collective operations.
A perfect example
of failure to achieve this is, he says, the creation of unfunded
retirement systems. By contrast, the Friendly Societies of
earlier in the century, which insured against many of the
same eventualities as state welfare covers today, retained
internalisation of responsibility. Their structure of membership
and contributions meant that they could only thrive if mutual
responsibility was exercised. But private insurance in itself
does not guarantee internalised responsibility, as the current
rash of suing for accidents shows. The impersonal protection
the state offers to large insurance companies and banks leads
to irresponsible policies and membership behaviour. The same
applies to state welfare.
In SchmidtzÕ
view, then, the concepts of justice and equality have many
faces other than equal sharing of possessions at each point
in time. We live in a market economy, which has shown itself,
despite some problems of distribution, remarkably productive
of material well-being. But a market society cannot function
if it attempts at the same time to guarantee a right to enjoy
a comfortable life as a non-contributor (which is another
aspect of the problem of the commonsøfor example the person
who grazes cattle but does not fertilise, drain or water while
others do).
Schmidtz also
discusses the role of state regulationøthe lesser need for
it where private property is concerned, but nevertheless its
necessity at levels where private market activities impinge
on one another, and the internalised collectivism represented
by such mutually agreed operations of the state.
SchmidtzÕ exploration
of the healthy functioning of a productive society contrasts
with GoodinÕs disregard for what must occur if society is
to be able to provide at all for the welfare dependants on
whom his attention is focussed. But Schmidtz does not really
come to grips with the problem which now confronts us, of
how to turn back from the iatrogenic therapy which was so
enthusiastically administered in the Õ60s and Õ70s and resulted
in the growth of the new disease called the Ôunderclass.Õ
Although social
breakdown has not gone so far in Australia as in the US, we
too are in a situation in which cure, as well as prevention,
is required, and Australian social values, despite GoodinÕs
contempt, do not allow us simply to cut off the diseased limb.
Some states in the US have sharply reduced the availability
of welfare, and as a result welfare dependency has, statistically,
diminished. But we do not yet know what effect this might
have at a national level, and in the longer term.
About the
Author
Lucy
Sullivan is a Research Fellow at The Centre for Independent
Studies.
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