I. The Failure of Ethical Principles to Get Traction in Climate Change Policy Formation.

This entry will explain why a type of rationality, referred to as instrumental rationality, both dominates policy formation on climate change around the world and is responsible for the failure of ethical principles to guide government responses to climate change.

As we have explained frequently on Ethicsandclimate.org, climate change is a problem with features that particularly require that it be seen and responded to as an ethical problem even more than other environmental problems. These features include that:

First, it is a problem that is being caused by some people in one part of the world who are putting others in other places who have often done little to cause the problem at great risk.

Second, the harms to those at most risk are not mere inconveniences but potentially catastrophic harms to life and natural resources on which life depends. In fact, unless humans adequately respond to climate change’s growing threats, most of life on Earth is threatened.

Finally climate change is a problem about which many of its greatest victims can do little to protect themselves by petitioning their governments for protection. The victims’ best hope is that the those high-emitting nations and people causing the problem will see that they have duties to climate change victims to avoid harming them.

The ethical dimensions of climate change are important to understand because unless those nations and individuals that are emitting high levels of greenhouse gases (GHGs) reduce their emissions in accordance with their ethical obligations, climate change will eventually cause great harm to all but particularly to those who are most vulnerable to climate change impacts and who usually have done little to cause the great harm.

There are many ethical principles that should, without controversy, guide national responses to climate change. These include, for instance:

Governments around the world have agreed under the 1992 United Nations Framework Convention on Climate Change (UNFCCC, 1992) and agreements by parties under this treaty since then, including the Paris Agreement (Paris Agreement 2015), to adopt national climate change policies on the basis of several ethical principles including the duty to establish national policies in accordance with equity and common but differentiated responsibilities (UNFCCC, 1992, Art 3.1), to apply the precautionary principle that prohibits nations from using scientific uncertainty as an excuse for not taking action to prevent dangerous anthropocentric interference with the climate system (UNFCCC, 1992, Art 3.3), and the principle that developed countries have the obligation to take the lead on reducing the threat of climate change (UNFCCC,1992, Art 3.1), and to enact policies that limit warming to between 1.5 to 2.0 degrees C (United Nations, 2015 Art 2)

In addition there are numerous other non-controversial ethical norms that are understood to apply to nations as a matter of international law to global environmental problems such as climate change including the “no harm principle” which obligates nations to prevent people or entities within their jurisdiction from harming people and nations outside their borders (UNFCCC,1992, Preamble), and the “polluter pays principle” which requires those nations causing harm from pollution to pay for the damages they cause (Rio Declaration, 1992, Principle 16).

Yet most nations are completely ignoring these ethical obligations when they formulate policy responses to climate change (National Climate Justice. Lessons Learned).

A research project led by Widener University Commonwealth Law School and the University of Auckland found that despite express national promises under the Paris Agreement to base national climate commitments known as Nationally Determined Contributions (NDCs) to reduce the threat of climate change to prevent warming as close as possible to 1.5°C but no more than 2°C, on the basis of equity and common but differentiated responsibilities, all 24 nations studied actually set their NDCs on economic self-interest. Yet this conclusion was not determinable from the documents that nations submitted to the UNFCCC Secretariat when the nations submitted their NDCs (National Climate Justice, Lessons Learned). The study also found that environmental NGOs in the country that supported national action on climate change did not seem to understand how to critique the failure of the nation to set its NDC on the basis of the nation’s ethical obligations including ethical obligations that the nation expressly agreed to.

Every national commitment to reduce greenhouse gas (GOHG) emissions, or NDC, is implicitly a position on two profound ethical questions among others. They are:

the amount of warming and associated harms the nation is willing to inflict on poor vulnerable people and nations, and

the nation’s fair share of global GHG emissions that may not be exceeded to keep global warming from exceeding a warming limit goal.

Yet nations around the world are setting their NDCs on economic self-interest and ignoring their ethical responsibilities on these issues.

Although reasonable people may disagree on what equity requires of nations to reduce their GHG emissions, national economic self-interest as a justification for their GHG reduction targets does not pass minimum ethical scrutiny. In this regard the Intergovernmental Panel on Climate Change (IPCC) said its fifth assessment report that despite ambiguity about what equity means:

There is a basic set of shared ethical premises and precedents that apply to the climate problem that can facilitate impartial reasoning that can help put bounds on the plausible interpretations of ‘equity’ in the burden sharing context. Even in the absence of a formal, globally agreed burden sharing framework, such principles are important in expectations of what may be reasonably required of different actors. (IPCC, 2014).

The IPCC went on to say that these equity principles can be understood to comprise four key dimensions: responsibility, capacity, equality and the right to sustainable development (IPCC, 2014).

And so ethical principles are failing to guide national climate change policy formation despite the uncontroversial applicability of several ethical principles that should guide national climate change policies.

The failure of ethical principles to get traction in guiding policy is a much broader problem than in regard to climate change policy formation alone. Despite the emergence of the academic sub-discipline of environmental ethics in the late 1970s, ethical principles are failing to influence environmental policy-making for most environmental problems.

The claim that ethical principles are rarely guiding environmental policy formation is strongly supported by the comments of the founder of the journal Environmental Ethics, Eugene Hargrove, who in 2003 published an essay “What’s Wrong ? Who’s to Blame? (Hargrove, 2003). This essay invited reflection on why environmental ethics has not had an influence on environmental policy. Just three years later, Robert Frodeman, in the same journal in an article entitled “The Policy Turn in Environmental Ethics” also reflected on the huge failure of environmental ethics to achieve traction in environmental policy formation (Frodeman, 2006).

Since its inception in the late 1970s, academic environmental ethics has been mostly focused on theoretical issues while completely failing to help policy makers understand what is ethically wrong with specific arguments made by opponents of environmental policies who almost always use arguments derived from instrumental rationality which hide dubious unstated norms that are the justification for the arguments and which would often fail minimum ethical scrutiny if the norms were made express and critically reflected on.

One of the reasons why ethical principles have failed to affect environmental policymaking is the failure of the academic discipline of environmental ethics to pay attention to actual controversies that arise in environmental policymaking debates. Academic environmental ethics since its inception in the late 1970s has been almost exclusively focused on theoretical issues, such as how to ground a biocentric or ecocentric ethics, while completely failing to help policymakers understand what is ethically wrong with specific arguments made by opponents of environmental policies who almost always rely on arguments derived from instrumental rationality which hide or ignore dubious unstated norms on which the arguments are based.

II. The Problem of Instrumental Rationality

This article now explains why a first order task that needs to be addressed before ethical principles can play their appropriate role in shaping environmental public policy is to open policymaking arguments on environmental issues including climate change to express ethical reflection. This is a first order task because throughout the world those responsible for environmental policymaking are following instrumental reason, a mode of reason which hides or ignores ethical questions, to determine the acceptability of environmental policies. It is a first order problem because before one can consider what ethical principles should guide policy formation, policymaking must be made open to ethical critique and reflection. If policymakers don’t see and respond to the ethical issues that are implicitly raised by arguments raised against proposed policies, they can’t apply the appropriate ethical rules.

Instrumental rationality is a mode of rationality that is exclusively concerned with the search for efficient means or scientific facts which, consequently, is not concerned with assessing the goals—or ends— that policies should pursue. This form of rationality has existed throughout history, but has become increasingly more dominant in post-Enlightenment liberal democratic capitalist societies (Cruickshank,2014).

Ethics rationality, on the other hand, is concerned about what the goals of society should be. Ethical reasoning seeks to determine what should be the goal of human behavior by examining what is right or wrong, what is permissible or impermissible, what actions are obligatory or non-obligatory, and how burdens of preventing harm should be justly distributed.

Instrumental rationality, because it focuses on means, usually ignores ethical questions about what the goals of policy should be despite the fact that every argument against a proposed environmental policy already contains an unstated norm. For instance, a claim that a proposed climate change policy should not be adopted because it imposes unacceptable costs rests on the unstated norm that the government should not adopt policies that impose significant costs on the economy or specific industries.

Scientific and economic reasoning, which have increasingly dominated public policy-making from the beginning of the Enlightenment, almost always focuses on how to achieve goals, not on what goals or ends should be desired.

Economic rationality often focuses on how to maximize human preferences. Ethics asks a different question of economic activity, namely what preferences humans should have.

Scientific reasoning usually tests hypotheses to determine what “is.” Moral philosophers believe that determining what “is,” which is the proper domain of science, cannot determine what “ought” to be, which is the domain of ethics.

Yet instrumental rationality that scientists and economists deploy in their search for scientific and economic facts has dominated public life and higher education for several centuries.

That instrumental rationality dominates environmental policy making is clear given that most government environmental agencies are staffed exclusively by engineers, scientists, economists, and lawyers but very infrequently by employees trained in ethics. This is huge problem because very few employees of environmental agencies or scientific organizations that make policy recommendations can spot problematic ethical issues that should be acknowledged in policy debates and particularly ethical issues that are ignored or hidden when instrumental rationality is deployed to make policy recommendations. Although employees of government agencies responsible for policy formation often understand they should apply policy rules entailed by relevant laws, many relevant laws do not contain clear rules on how to respond to economic and uncertainty arguments against proposed environmental policies.

Instrumental rationality dominates public policy formation for at least two reasons:

First, sociologists, including Max Weber, have predicted that instrumental rationality would over time crowd out ethical rationality in modern societies because increasingly complex human problems would be relegated to bureaucracies run by technical experts whose expertise depends on the use of instrumental rationality. Since the power of experts depends, in part, on maintaining the fiction that their expertise is the central key to solving modern problems, these experts are reluctant to acknowledge that their analytic tools for solving problems are often ethically inadequate and sometimes ethically inappropriate (Thomas, 2017). Moreover particularly in capitalist societies, wealthy interests are able to hire experts and frequently do so to fight government action which would reduce profits.

Second, opponents of proposed environmental policies usually frame opposition to these policies on the basis of excessive costs to governments or specific industries or lack of scientific certainty about harms the policy seeks to prevent. These arguments very frequently hide controversial normative assumptions implicitly embedded in the arguments. For instance, cost arguments made in opposition to environmental policies often rest on the very ethically dubious idea that any policy which creates significant cost to a nation, regional economy, or to a specific industry should not be adopted even when the problematic behavior causes serious harm to people or nations who have not consented to be harmed. The public debate in response to these claims often narrowly focuses on the magnitude of the costs or whether the regulatory action will create jobs and in so doing ignores several serious ethical problems with these arguments.

In policy disputes about matters in which potential harms are acknowledged by opponents of proposed policies, the public debate about the acceptability of the harms is often limited to some form of “cost-benefit analysis”(CBA).

Yet CBAs frequently hide important ethical issues. If, for instance, a CBA concludes that government action to protect vulnerable people or ecological systems should not be taken because costs of taking action to reduce an environmental threat outweigh the economic value of harms avoided by the proposed regulation, controversial ethical assumptions may be hidden in factual assertions about the magnitude of the costs or value of benefits particularly if:

Potentially but not fully proven catastrophic harms were ignored in the CBA.

The costs of taking action would be imposed upon parties that are harming others, yet the victims of the harm have not consented to be harmed.

Things that were believed to be sacred by one culture are valued in the CBA as if they were commodities whose value can be measured adequately by “willingness-to-pay” monetary measures. CBAs usually commodify all human values and thus value is restricted to monetary value while ignoring other values including sacred value or beliefs that certain entities should not be for sale. Thus in CBAs, usually the value of things that could be harmed are measured by human preferences measured in monetary values. Yet ethics is concerned with what preferences people should hold, not simply what preferences people hold.

Human rights will be violated if regulatory action is not taken.

The proposed government action implements the ethical duty of people to not harm others on the basis of self-interest.

The CBA determined economic value of entities that might be harmed are determined without obtaining the consent of those who might be harmed.

The benefits of government action to protect the environment are discounted too greatly in calculations that seek to allow future benefits of action to be compared to current costs to those who must act to prevent harm (Brown, 2008).

Thus, if a decision to take no government action on a potential environmental problem is justified only as a matter of imbalance between costs and benefits, very dubious ethical assumptions are frequently hidden in the CBA calculations while ethical principles, including those that have been widely acknowledged as valid and applicable to government policy formation are often ignored.

In this writer’s experience, proponents of environmental policies also not only rarely identify the ethical problems with the use of CBAs or almost any cost-based argument made in opposition to proposed policies, they almost always respond to the cost-based arguments by making counter cost claims. And so public debate about proposed policies usually focuses on economic “factual” claims while ignoring ethical principles.

Evidence of the utter dominance of instrumental rationality in the United State includes executive orders of several US presidents which require that any US proposed regulation must satisfy a CBA before it may be promulgated (Congressional Research Service, 2017).

This is so despite the fact that, as we have seen, a CBA used as a prescriptive guide to policymaking often hides many controversial ethical issues including, for instance, the duty of nations to not harm others on the basis of national economic self-interest.

Using cost to those causing harm to others as justification for failing to abate the harm also violates well-established principles of international environmental law including the “polluter pays principle” (Rio Declaration,1992, Principle 16 ) and the “no harm principle.” (UNFCCC,1992, Preamble)..

Yet the United States continues to very frequently base the acceptability of environmental regulations on the results of a CBA.

In 1997, while working as the Program Manager for United Nations Organizations in the US Environmental Protection Agency (EPA) Office of International Affairs, this author closely observed the US debate about whether the US should agree to the Kyoto Protocol under the UNFCCC. This debate focused exclusively on two different CBAs, one completed by the US EPA and the other by the US Department of Energy which reached slightly different conclusions about the magnitude of negative impacts on US GDP if the US agreed to be bound by the Protocol. Amazingly both CBAs examined costs and benefits to the United States alone if the United States ratified the Kyoto Protocol while completely ignoring potentially harsh climate impacts on poor people around the world and the most vulnerable nations. Yet no one in the US government nor NGOs participating in the debate about whether the US should ratify the Kyoto Protocol raised any ethical problems with the US reliance on CBAs that examined costs and benefits to the US alone as a tool to determine the appropriateness of US action on climate change.

In most Western capitalist countries, corporations and their industry associations have huge political power to frame public policy questions and don’t hesitate to exercise their power to prevent any government action that could lower corporate profits. And so the public debate on proposed policies often focuses on economic “facts,” not ethical duties, despite the almost universally accepted ethical norm agreed to by almost all religions and nations that people should not harm others on the basis of self-interest.

Opposition arguments against proposed environmental policies often rest on the unstated very dubious norm that regulatory action limiting commercial activities should not be taken unless the harms are proven by the government with high degrees of scientific certainty even in cases where achieving high levels of certainty is scientifically difficult or very prohibitively expensive.

For over 30 years, opponents of US action on climate change have frequently based their opposition on scientific uncertainty about human-caused climate change harms despite the fact that the United States agreed to the “precautionary principle” when it agreed to the UNFCCC in 1992. (UNFCCC. 1992, Art 3.3) This principle says that governments will no longer fail to take action on the basis of scientific uncertainty. Yet advocates of national action on climate change in response to opponents’ scientific uncertainty arguments almost always simply claim that the scientific “facts” of harm have been sufficiently scientifically demonstrated not on the ethical rule that precaution is required once it is scientifically established that significant harm might be created by certain human activities.

If a government decides not to act to reduce the threat of environmental harm on the basis of lack of proof of harm, such a decision can hide important ethical questions particularly if:

The government assumes that the proponents of government action to prevent environmental harm should shoulder the burden of proof of demonstrating harm particularly in matters where proof is very expensive, difficult to demonstrate, or cannot be fully demonstrated before potential harms are experienced..

There is credible but uncertain evidence that the current activity may be approaching thresholds that could trigger very serious consequences.

If the government waits until all uncertainties are resolved it will be too late to prevent serious harm.

Some very serious potential harm is judged to be low probability just because the mechanism for causing serious harm is not completely understood so that the probability of the serious harm cannot be confidently evaluated.

The victims of potential harm have not consented to put at risk.

All of these considerations are relevant to climate change yet, the United States has failed to decisively act on climate change since international climate change negotiations began 30 years ago because opponents of US climate change policies have claimed that there is insufficient proof of human-induced climate change caused harms.

Although the most prestigious scientific institutions in the world including most national academies of science and the Intergovernmental Panel on Climate Change have concluded with high levels of confidence that humans are causing and threatening great harms from human-induced climate change, even conceding, for the sake of argument, that great harms from human induced climate change are not yet proven, ethical principles requires that action should be taken to reduce the threat of climate change. Yet the ethical basis for requiring action is almost never discussed in the US public debate about whether scientific uncertainty about human-induced climate change is an appropriate justification for US unwillingness to act on climate change.

Scientists employed by environmental agencies usually focus on understanding the environmental harms and risks of various human activities and whether proposed government action will acceptably reduce threats to human health and the environment. The goals of environmental regulatory action are usually given to them by law or regulation such as water pollution should be reduced to prevent unreasonable harm to humans or ecological systems. Yet, in the face of scientific uncertainty about whether human actions may cause harm, scientists cannot determine who should have the burden of proof or what quantity of proof should satisfy the burden of proof by scientific methods alone because these are fundamentally ethical questions.

An understanding the ethical problems with instrumental rationality leads to an understanding of why nations often ignore even well-established ethical principles in policy formation such as the ethical principle that no nation should harm others outside their jurisdiction on the basis of national economic interest.

For this reason, a first-order problem on the road to a world which formulates policies guided by ethical principles is to open policy formation controversies to express consideration of ethical issues. This goal requires that those engaged in policy formation spot and identify the ethical issues frequently hidden in economic and scientific arguments against proposed policies that currently dominate policy formation controversies on environmental issues around the world.

Unfortunately most professionals engaged in environmental policy formation have no training that would help them identify the hidden ethical issues embedded in arguments made against environmental and sustainable development policies. Nor do those NGOs who participate in controversies about these issues have the training to spot ethical problems made by opponents of proposed policies that are derived from various forms of instrumental rationality.

References:

Brown, D. (2008) Ethical Issues in the Use of Cost-Benefit Analysis of Climate Change Programs, https://ethicsandclimate.org/2008/06/01/ethical-issues-in-the-use-of-cost-benefit-analysis-of-climate-change-programs/, accessed 16 Dec. 2017

Congressional Research Service (2014) Cost-Benefit and Other Analysis Requirements in the Rulemaking Process’, https://fas.org/sgp/crs/misc/R41974.pdf, accessed 18 Dec.,2017

Cruickshank, J., (2014) Democracy versus the domination of instrumental rationality: Defending Dewey’s argument for democracy as an ethical way of life, Humanities 3, 19–41; doi:10.3390/h3010019, http://www.likealittledisaster.com/wp-content/uploads/2017/02/humanities-03-00019.pdf, accessed 20 Dec.2017

Frodeman, R. (2006) A Policy Turn in Environmental Ethics, Environmental Ethics, 26

Hargrove, E., ‘(2003) What’s Wrong? Who Is to Blame?, Environmental Ethics, 25 (1):3-4, [2003] 3-4

Intergovernmental Panel on Climate Change (IPCC). (2014) 5th Assessment Report, Contribution of Working Group III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change, Chapter 4. Sustainable Development and Equity. Sec 4.6. 2.1, p 4., http://www.ipcc.ch/report/ar5/wg3/ assessed , Dec 23, 2017

National Climate Justice, Research Project On Ethics and Justice in Formulating National Climate Policies, Lessons Learned, https://nationalclimatejustice.org, accessed 24 Dec, 2017

Rio Declaration on Environment and Development, (Rio Declaration, 1992) https://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm, accessed 24 Dec 2017,

Thomas. W. (2017) Max Weber on Rationality in Social Action, in Sociological Analysis in Modern Life, Rational Action, http://www.rational-action.com/?s=Weber, accessed 22 Dec. 2017

United Nations Framework Convention on Climate Change (UNFCCC, 1992), FCC/INFORMAL/84/Rev.1 GE.14-20481 (E), Preamble.

United Nations (2015), Paris Agreement, FCCC/CP/2015/L.9/Rev.1, https://unfccc.int/resource/docs/2015/cop21/eng/l09r01.pdf, accessed 23 Dec. 2017

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Widener University Commonwealth Law School

dabrown57@gmail.com

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