5: Fletcher's Situation Ethics

Legalism

Someone who is following the system of Legalism is someone who “blindly” observes moral rules without being sensitive to the situation. Fletcher has in mind a simple minded deontologist who holds that actions are right and wrong irrespective of the consequences. For example, we ought to tell the truth in all situations, even if this means that, say, millions of people die.

Various Christian sects are legalistic; for instance, some might refuse medical help — such as blood transfusions — when someone in their community is ill because they think it is against God’s commands. Or consider an example of Islamic Legalism (obviously, just as in the Christian sect, these are not wholly representative of either religion). In 2002 the religious police of Saudi Arabia refused to let a group of girls escape from a burning building because they were wearing “inappropriate” clothing, which was against the will of Allah. One witness said he saw three policemen “beating young girls to prevent them from leaving the school because they were not wearing the abaya”.4 Fifteen girls died.

Antinomianism

The other extreme is Antinomianism (“anti” meaning against; “nominalism” meaning law). This is the view that says that an agent can do whatever he or she wants in a situation. Fletcher calls this an “existential” view because it is one that says that people are always free to choose what they want. Any supposed laws and rules limiting the actions of people are simply a way of trying to comfort them because they are scared of absolute freedom. If Antinomianism is right and if an agent believes that something is right, then it is. Antinomianism means the moral agent is erratic and random, is unpredictable, and any decisions taken are ad hoc. There are no laws nor guiding principles, just agents and their conscience and the institutions in which they find themselves.

A Middle Ethics: Situationism

We might think that Legalism and Antinomianism exhaust the possibilities. If we reject moral laws then are not we forced into lawless moral anarchy? Fletcher thinks not.

Fletcher says that there is a moral law, and hence he rejects Antinomianism. But there is only one moral law, so he rejects Legalism. Fletcher’s one moral law is that we ought to always act so as to bring about the most love for the most people (“Agápē Calculus”). Fletcher’s Situationism is then a teleological theory. It is directed at the consequences that will determine whether an action is right or wrong.

Of course, any teleological theory will ask us to look at the details of the situation; consider Chapter 1 where we talk about Bentham and Mill’s Utilitarianism. So, Fletcher’s view is not unique. What makes his view different is the centrality of “love”, or as he calls it agápē.

Fletcher thinks that there can be moral principles but that these differ from laws. Principles are generalizations which are context-sensitive and which derive from the one law regarding maximizing love. For example, we might have a moral principle that we ought not to murder. This is a principle because we might think in that in general murder is wrong because it does not bring about the most love. However, it is not a law because for Fletcher, murder is not wrong in all situations. This then is similar to the discussion of Rule-Utilitarianism in Chapter 1.

For example, a situation might arise where the child of a terrorist would have to be murdered in order to get information to stop a nuclear attack. Fletcher would say that here is a situation where we ought not to follow the principle do not murder but rather do the most loving thing, which in this case turns out to be murder. From the universal law we can only derive principles, not other universal laws. As Fletcher puts it: “we cannot milk a universal from a universal”.5

This mean that for Fletcher it might, on occasions, be morally acceptable to break the Ten Commandments. In fact, he says something stronger, that in some situations it is our duty to break these commandments. He thinks that there are four working principles of Situationism.

Principle 1. Pragmatism

The situationalist follows a strategy which is pragmatic. What does that mean? Well it does not mean that Fletcher is a pragmatist. “Pragmatism” is a very specific and well worked-out philosophical position adopted by the likes of John Dewey (1859–1952), Charles Peirce (1839–1914) and William James (1842–1910). Fletcher does not want his theory associated with these views and rejects all the implications of this type of “Pragmatism”.

What makes his view pragmatic is very simple. It is just his attraction to moral views which do not try to work out what to do in the abstract (e.g. Kant’s Categorical Imperative (see Chapter 2)), but rather explores how moral views might play out in each real life situations.

Principle 2: Relativism

Even with his rejection of Antinomianism and his acceptance of one supreme principle of morality, Fletcher, surprisingly, still calls himself a relativist. This does not mean he is a relativist in the sense that we can simply choose what is right and wrong rather it is just an appeal for people to stop trying to “lay down the law” for all people in all contexts. If situations vary then consequences vary and what we ought to do will change accordingly. This is a very simple, unsophisticated idea, like his ideas on pragmatism, and Fletcher just means that what is right or wrong is related to the situation we are in.

Principle 3: Positivism

His use of “positivism” is not the philosophical idea with the same name but rather is where:

Any moral or value judgment in ethics, like a theologian’s faith propositions, is a decision — not a conclusion. It is a choice, not a result reached by force of logic…6

So when challenged as to how he can justify that the only law is to maximize love, Fletcher will say that he cannot. It is not a result of logic or reasoning, rather it is a decision we take, it is like the “theologian’s faith”.

Principle 4: Personalism

Love is something that is experienced by people. So Personalism is the view that if we are to maximize love we need to consider the person in a situation — the “who” of a situation. Summing up this Fletcher says:

Love is of people, by people, and for people. Things are to be used; people are to be loved… Loving actions are the only conduct permissible.7

These then are his “four working principles”: pragmatism, relativism, positivism and personalism.

1: Only one ‘thing’ is intrinsically good; namely, love, nothing else at all

There is one thing which is intrinsically good, that is good irrespective of context, namely love. If love is what is good, then an action is right or wrong in as far as it brings about the most amount of love. Echoing Bentham’s Hedonic Calculus (see Chapter 1) Fletcher defends what he calls the:

agapeic calculus, the greatest amount of neighbor welfare for the largest number of neighbors possible.8

Notice that here he talks about “welfare” rather than “love”. Fletcher does this because of how he understands love which, importantly, is not about having feelings and desires. We discuss this below.

2: The ruling norm of Christian decision is love, nothing else

As we have seen in the first proposition, the only way to decide what we ought to do (the ruling norm) is to bring about love. We need to be careful though because for Fletcher “love” has a technical meaning.

By love Fletcher means “agápē” — from ancient Greek. Agápē has a very particular meaning. Initially it is easier to see what it is not. It is not the feeling we might have towards friends or family member which is better described as brotherly love (philēo). Nor is it the erotic desire we might feel towards others (érōs).

Rather agápē is an attitude and not a feeling at all, one which does not expect anything in return and does not give any special considerations to anyone. Agápē regards the enemy in the same way as the friend, brother, spouse, lover. Given our modern context and how people typically talk of “love” it is probably unhelpful to even call it “love”.

Typically people write and think about love as experiencing an intense feeling. In cartoons when a character is in love their hearts jump out of their chest, or people “in love” are portrayed as not being able to concentrate on things because they “cannot stop thinking” about someone.

This is not what love means for Fletcher. In the Christian context agápē is the type of love which is manifest in how God relates to us. Consider Christ’s love in saying that he forgave those carrying out his execution or consider a more modern example. In February 1993, Mrs Johnson’s son, Laramiun Byrd, 20, was shot in the head by 16-year-old Oshea Israel after an argument at a party in Minneapolis, Minnesota. Mrs Johnson subsequently forgave her son’s killer and after he had served a 17 year sentence for the crime, asked him to move in next door to her. She was not condoning his actions, nor will she ever forget the horror of those actions, but she does love her son’s killer. That love is agápē.

3: Love and justice are the same, for justice is love distributed, nothing else

For Fletcher, practically all moral problems we encounter can be boiled down to an apparent tension between “justice” on the one hand and “love” on the other. Consider a recent story:

Trevell Coleman, better known as the rapper G Dep, was a rising star on the New York hip-hop scene and had been signed to P Diddy’s Bad Boy record label. He also had a wife, Crystal, and twin boys.

Yet Trevell, who was brought up a Catholic and always retained his faith, had a terrible secret, as an 18-year-old, he had mugged and shot a man. He never knew what happened to his victim, yet 17 years later, in 2010, he could no longer bear the guilt and went to the police — a step almost unimaginable for someone from the Hip Hop world.

A police search of their cold case files revealed the case of John Henkel — shot and killed in 1993 at exactly the same street corner in Harlem where Trevell says he committed his crime. He is now serving a jail sentence of 15 years to life for Henkel’s murder. Yet he has no regrets; “I wanted to get right with God”, he says.

Trevell’s choice was perhaps hardest to bear for his wife Crystal, who now has to bring up their teenage boys on her own.

This could be expressed as a supposed tension between “love” of family and doing the right thing — “justice”. Fletcher thinks that most other moral problems can be thought of in this way. Imagine we are trying to decide what is the best way to distribute food given to a charity, or how a triage nurse might work in a war zone. In these cases we might put the problem like this. We want to distribute fairly, but how should we do this?

Fletcher says the answer is simple. To act justly or fairly is precisely to act in love. “Love is justice, justice is love”.9

4: Love wills the neighbor’s good when we like him or not

This is self-explanatory. As we noted above, agápē is in the business of loving the unlovable. So related to our enemies:

Christian love does not ask us to lose or abandon our sense of good and evil, or even of superior and inferior; it simply insists that however we rate them, and whether we like them nor not, they are our neighbors and are to be loved.10

5: Only the ends justify the means, nothing else

In direct rejection of the deontological approaches Fletcher says that any action we take, as considered as an action independent of its consequences is literally, “meaningless and pointless”. An action, such as telling the truth, only acquires its status as a means by virtue of an end beyond itself.

6: Love’s decisions are made situationally, not prescriptively

Ethical decisions are not cut and dried most of the time and they exist in a grey area. No decision can be taken before considering the situation. Fletcher gives the example of a women in Arizona who learned that she might “bear a defective baby because she had taken thalidomide”. What should she do? The loving decision was not one given by the law which stated that all abortions are wrong. However, she travelled to Sweden where she had an abortion. Even if the embryo had not been defective according to Fletcher her actions were “brave and responsible and right” because she was acting in light of the particulars of the situation so as to bring about the most love.