|
|
Authority
and Excuses
by Alan Strudler and Danielle Warren
What
we find in the common soldier, party functionary, and obedient subject is the same
limitless capacity to yield to authority and the use of identical mechanisms to reduce the
strain of acting against a helpless victim.
Stanley Milgram, Obedience to Authority, 1974
Stanley
Milgrams famous obedience experiments
show that in some contexts, ordinary people obey authority even when doing so involves
gross wrongdoing. Milgram found that two-thirds of subject "teachers" obeyed
orders of experimenters and willingly administered apparently- large and harmful, and even
lethal, electric shock to "learners" as punishment for responses to what they
were told were memory tests. This striking result raises many questions about individual
moral responsibility for wrongful conduct. Milgrams subjects were randomly selected.
Hence all of us have reason to believe that we might have behaved just as the majority of
Milgrams subjects did. Although few would deny that the Milgram subjects behaved
wrongly, questions stubbornly persist about whether these people deserve blame for doing
what most of us would have done in the same circumstances. These questions are not merely
scholastic. Everyday people in organizationsmilitary soldiers, corporate employees,
government officialsrespond to morally questionable authority in morally
questionable ways. Without wrongful obedience to authority, our world would be
unrecognizable. How should one think about the blame or punishment that a person deserves
for general conduct that arises from respect for authority?
A core idea in traditional morality is that, ordinarily, people
deserve blame for their wrongful conduct. Indeed, it is only when a person has a
good excuse i.e., that he acted under duress or he did not understand the
nature of his actthat one does not hold him responsible for the wrong he does. How
does this traditional- Milgram subjects deserve blame for their actions. They were
apparently willing to inflict undeserved and unnecessary pain on an innocent person.
Further, they seemed to have no good excuse for their wrongdoing: nobody coerced them; and
they seemed to understand the relevant fact that they were apparently causing excessive
suffering. Hence blame seems appropriate. On the other hand, the moral appraisal of
Milgram subjects may not be quite so simple. Isnt it harsh and presumptuous to blame
them for doing what most of the rest of us would do in the same circumstances? Something
seemed to go awry in the decision-making processes of the Milgram subjects that provide a
reason to restrain our criticism of them. This suggests that Milgram subjects may be
entitled to some kind of excuse for their wrongdoing. Even if such an excuse does not
wholly relieve them of responsibility for their actions, it may give us reason to mitigate
our blame.
Heuristics and Wrongdoing
Contemporary cognitive psychology may offer at least a partial
explanation of how things went awry in the decision-making processes of Milgram subjects.
They may have relied on heuristicscognitive short-cuts or rules of thumbwhich
confused them about the moral significance of their actions. The operation of the heuristics may be relevant to the moral appraisal of Milgram subjects, and of other people grappling with the demands of authority.
Many tasks of daily life rely on
the use of heuristics, which simplify otherwise complex and time-consuming decision-making
and problem-solving tasks. Amos Tversky and Daniel Kahneman, two psychologists who
have done pioneering work on heuristics, illustrate both the utility and danger of
heuristics through an example taken from the psychology of perception. The apparent
distance of an object is commonly determined in part by its clarity. The more sharply an
object is seen, the closer it appears to be. Notably, however, reliance on this rule leads
to systematic errors in estimating distance. Distances are often overestimated when
visibility is poor because the contours of the objects are blurred, while when visibility
is good distances tend to be underestimated. The reliance on clarity as an indication of
distance leads to common mistakes and confusion. Still, the kind of error involved in
relying on clarity to estimate distances may seem fundamentally different than the kind of
error involved in relying on authority in deciding whether to deliver high-voltage shocks
to an innocent, protesting subject.
Yet
psychologists argue that heuristics may play a role in explaining a broad range of human
judgment beyond perceptual judgment, including moral judgment. The case of DES, the
medication once used to alleviate the symptoms of morning sickness, is instructive here.
In their discussion of this case, organization and management theorists David Messick and
Max Bazerman conclude that erroneous reliance on a heuristic played a crucial role in
explaining managerial wrongdoing. Managers of pharmaceutical companies promoting DES knew
that using the drug risked causing birth defects, but they underestimated that risk. These
managers may have fallen prey to what psychologists call the "availability
heuristic," which inclines people to think that risks are more serious when they are
more "available," more readily called to mind. Because managers relying on the
availability heuristic limited their scrutiny of DESs consequences to immediate
customers and shareholders, they did not take adequate account of a less salient group not
present when the drug was marketed, the daughters of DES-taking women. Messick and
Bazerman suggest that innocent but inapt reliance on heuristics, rather than bad
intentions, may explain the managers decision, and thus limit their blameworthiness.
Authority Heuristics
Just as the involvement of an
"availability heuristic" offers a cognitive account of the managerial decision
to promote DES, an "authority heuristic" may explain the decisions of Milgram
subjects to administer electric shock. Reliance on the judgment of an authority is
ordinary and understandable when, for instance, one confronts technical matters concerning
medicine, law, or technology. If your dentist insists that you need a root canal, you will
in all likelihood defer to her expert judgment, even though doing so will cause
considerable pain. In the simplest case, a person reasonably employs an authority
heuristic when, lacking the time, capacity, or inclination to think matters through for
himself, he defers to the judgment of those who seem more knowledgeable about the issue.
If one accepts the presence of an
authority heuristic in technical matters such as dentistry, one might also find reasonable
the reliance on an authority heuristic in morally charged matters. Suppose you arrive late
to a meeting where a vote is to be taken on a morally significant issue. You have not had
time to study the issue, but you learn that a colleague whose judgment you respect is
going to vote in a certain way. Trusting her judgment relies on a heuristic that
prescribes deference to the authority of another, and in this case the authority heuristic
applies to a moral matter.
It is plausible to suppose that
the "obedient" subjects in Milgrams experiment acted as they did in part
because they relied on an authority heuristic. To see this, imagine that you occupy the
position of a Milgram subject. You confront what seems a difficult decision about whether
to engage in an apparently harmful act that you would never even consider doing in other
circumstances; you are given little time to opt out of it but no resources to make a full
evaluation of alternatives and their consequences. Further, you have access to an
apparently reliable authority, the experimenter. If you back out, you risk undermining
what may be a valuable experiment. Facing a choice between trusting a reliable authority
and backing out, it makes sense to trust the authority. While it seems morally wrong to
shock your experimental subject, it is also plausible to suppose that the experimenter has
considered the moral issue. Although you do not know how he arrived at his
conclusion that the experiment should proceed, you nonetheless follow the heuristic to
defer to the judgment of one who presumably has better information than you do.
Nobody knows whether most, or any,
of Milgrams obedient subjects actually employed an authority heuristic. It
nonetheless remains plausible that such a heuristic was at work among some subjects.
Further, much ordinary managerial wrongdoing is at least partly explained by the presence
of an authority heuristic. Certainly, few situations closely resembling the Milgram
experiments occur in the business world. Executives rarely stand over their subordinates
and directly order them to harm identifiable and unwilling victims. However,
compartmentalization plays an important role in both arenas. Milgram subjects administered
shock, even though it was morally problematic, because they trusted the person running the
experiment to have made the right moral decision and they accepted their own role to obey
orders to shock. A similar rationale is at play in many business settings: one trusts the
authority embodied in a person and expressed in a role. When asked why he followed a
wrongful order, a person can say: because it was my job.
The
Importance of Roles
Legal scholar David Luban
challenges this cognitive explanation of the Milgram experiment, rejecting the notion that
deference to experimenters superior knowledge promoted obedience. He points to
several of Milgrams studies that suggest that it was the subjects
intimidation, more than their cognitive error, that explains their obedience. Although we
do not think it is possible to determine how much of the obedience Milgram elicited is
attributable to cognitive factors, we want to focus on one of the studies Luban cites,
because it gives us reason to refine, rather than reject, a cognitive explanation.
In this study, two experimenters within earshot of the subject announce that a volunteer,
who would have been the possible recipient of electric shock, has cancelled his
appointment. After discussing alternatives, one experimenter decides that he will take the
volunteers place, and he soon follows the entire sequence of complaints and screams.
Luban argues that if subjects relied on an authority heuristic, the fact that a former
authority demanded the experiment be stopped should have diminished the likelihood that
the Milgram subject would administer electric shock.
The force of Lubans critique
is blunted when one recalls that authority commonly inheres in social and organizational
roles, not merely in individuals. An order issuing from an authoritative role may continue
to have credibility even when there is a change in the person who occupies the role.
Lubans discussion highlights the occasion on which a subject disregards the orders
of a former authority figure. It casts no doubt on the point that subjects continued to
find credible the orders that issue from the role. To cite another example, in his account
of the Executioner of Paris, Harvard professor Arthur Applbaum describes an official who
was executioner for the French government both before and after the French
revolution and who clearly found authority in his role. Although his high professional
standards compelled him to question orders inconsistent with that role (e.g., when his
equipment was not sharp enough, he demanded better), he never questioned the propriety of
the executions themselves. He neither doubted the moral legitimacy of his role nor
questioned the propriety of acts consistent with that role, even when it meant killing his
former employers, whose orders he had once followed. In many ways, the case of the
Executioner of Paris is not unusual. Professionals commonly justify their actions by
appeal to the requirements of their professional roles. Lawyers routinely defend
presumptively wrong actions such as badgering innocent witnesses and tarnishing their
reputations by appeal to their roles as zealous representatives of client interests.
Heuristics and Limits of Blame
But if peoples harmful
conduct can be explained by their reliance on an authority heuristic, does that
explanation provide an excuse for their conduct? There is one tempting argument that it
does. This argument, an appeal to normality, is simple: If normal reliance on cognitive
heuristics causes specific wrongful conduct, then because that conduct arose from an
innocent mental mistake, the person deserves no blame. On these grounds, not only would
Milgrams obedient subjects as well as the managers involved in the DES case be
judged blameless, but one also could argue that any sort of error stemming from
normal human decision making excuses wrongdoing.
But this argument from normality
is too simple. The mere fact that a reaction is normal or common does not by itself
show that a person is not blameworthy for engaging in that action. Social philosopher
Ferdinand Schoeman illustrates this point nicely. He asks us to imagine that most people
would greatly exceed the speed limit, and thus violate the traffic laws, if they were
offered some amount of money satisfactory to them. It would not follow that their actions
were not blameworthy or that they should be regarded as morally innocent if they took the
money and speeded. And, of course, the same holds true for worse wrongs. Suppose
that it turns out that most sons and daughters would beat their parents if offered ten
million dollars to do so. In some sense, their action would be normal. One might even say
that, in some sense, their being offered such a large sum of money caused their
actions. Nonetheless, it would hardly follow that these people were not to blame for the
actions. If all children behave in this way, it is a sad fact about the human race, and
perhaps demonstrate that we as a species are morally defective, but it hardly follows that
any individual who has a normal response is thereby not blameworthy.
A more refined argument than the
one from normality suggests that a persons reliance on the authority heuristic
does not wholly excuse his harmful acts, but limits the censure he deserves. Schoeman
makes precisely this point in invoking the traditional criminal law idea of entrapment,
which precludes the state in some cases from prosecuting persons encouraged to
commit crimes by state agents. He argues that since we do not prosecute persons
whose wrongful action was caused by authority figures such as police officers, we should
also treat leniently the Milgram subjects because authority also prompted their
wrongdoing. But Schoemans entrapment defense cannot be invoked by
Milgrams subjects, because the value of the defense derives from considerations that
do not apply to them. For instance, the entrapment defense seeks to limit the
temptation of police to cause people to commit crimes, a consideration irrelevant to the
issue of how a wrongdoer should morally assess herself. Most importantly, the
decision-making processes of entrapment victims and those of Milgrams subjects
differ in morally relevant ways. Milgrams subjects perceive themselves as responding
to authority in a morally and rationally defensible manner. Entrapment victims, by
contrast, act in part because they think they are not dealing with police or other
state representatives and, further, they attempt to do something they recognize as
wrong.
Moral Ignorance
Despite the inadequacy of these
explanations, there is still some considerable appeal in the idea that Milgrams
subjects were less blameworthy to the extent that they relied on the experimenters
authority. Many of Milgrams subjects administered shock under protest and displayed
physical symptoms of revulsion at their task, responses suggesting they were torn by
conflict. They understood the wrongfulness of inflicting pain on the unwilling, yet felt
the legitimacy of their role required acting conscientiously. If, faced with this dilemma,
Milgram subjects chose in accordance with an authority heuristic, then perhaps they
made a good faith choice. They tried to do the right thing by assisting in what they
concluded was a legitimate experiment; but they made a cognitive mistake and did wrong.
How should one evaluate such persons?
Traditional morality and
jurisprudence typically excuse persons for ignorance involving fact. If one person
unwittingly serves another a poisoned drink, for instance, then the server is excused from
wrongdoing on grounds of ignorance. But the Milgram subjects knew the facts relevant
to culpability (they knew that they were administering potentially lethal shock to an
unwilling victim); their error lay in their confusion about moral principle: they
trusted in an authority who suggested that inflicting severe shock on innocent protesting
people was the right thing to do.
Both traditional morality and
established law tend not to recognize excuses grounded on ignorance of principle. For
instance, the person who admits to possessing the factual knowledge that a lethal
agent laced a drink he served, but professes ignorance of the moral principle that
it is wrong to poison others, would likely not be absolved from wrongdoing on grounds of
ignorance. Some might argue, further, that to whatever extent people such as Hitler and
Stalin were ignorant about principles they were violating, they should be judged even more
harshly for their actions. Individuals are presumed to possess general moral
knowledge, in short; to the extent they do not, they are responsible for their wrongdoing.
Jurisprudence, however, does
support the notion that ignorance of principle sometimes offers an excuse. Suppose a
driver attempting to deliver Thanksgiving dinners to a homeless center is involved in a
traffic accident, and a police officer at the scene orders the driver of another vehicle
to drive the dinners to the homeless center at top speed to ensure their timely delivery.
On the way, that conscripted driver has an accident and is charged with criminal
recklessness. It turns out that it was illegal for her to speed, and the policeman lacked
the authority to order her to do so. In this case, breaking the law in ignorance and
good faith mitigates
blameworthiness.
In contrast, one can offer a
variety of justifications for treating especially harshly those who act from ignorance and
bad intention. A utilitarian, for instance, might champion the social benefits
resulting from the deterrence of malicious acts, while a nonutilitarian might focus on
wrongful behavior grounded in vice.
To
the extent that the Milgram subject and DES managers suffered mere mental lapses,
they deserve some leniency. A person who commits a wrong because of a reasoning miscue is
in some important sense not doing what he really wants to do. Consequently, the evil
expressed in doing wrong while trying to do right is of a lesser magnitude than the
evil expressed in doing wrong from bad motives. The Hitlers and Stalins of the world
deserve censure because, although perhaps acting from ignorance of principle, they embrace
evil or warped values. Many of Milgrams obedient subjects, on our interpretation of
their behavior, embraced no defective values; they simply made a faulty inference from
acceptable values in relying on an authority heuristic.
One cannot conclude that the Milgram subjects and DES managers are
completely blameless, however. They failed in their responsibility to avoid making a
critical mental mistake, even though it was in their power to do so. At the same time, no
one can refrain entirely from relying on heuristics, which would be equivalent to never
acting from mental habit. It is only fair, therefore, not to censure themor
ourselvestoo harshly for that reliance.
A longer version of this paper will appear in Social
Influence in Organizations, edited by David Messick, John Darley, and Tom Tyler. This
article is published by permission of Lawrence Erlbaum Associates, Inc.
Sources: A.I. Applbaum, "Professional Detachment:
The Executioner of Paris," Harvard Law Review, vol. 109 (1995); D.H. Kahan,
"Ignorance of the Law is a ExcuseBut Only for the Virtuous," Michigan
Law Review, vol. 96 (1997); D. Luban, "Wrongful Obedience, Bad Judgment, and
Warranted Excuses," in Ethics in Practice, edited by D. Rhode (forthcoming);
D. M. Messick, "Equality as a deci-sion heuristic," in Psychological
Perspectives on Justice: Theory and Applications, edited by B. A. Mellers and J. Baron
(Cambridge University Press, 1993); D.M. Messick, and M.H. Bazerman, "Ethical
Leadership and the Psychology of Decision Making," Sloan Management Review, vol.
37 (1996); S. Milgram, Obedience to Authority, (Harper & Row, 1983); A.G.
Miller, The Obedience Experiments, (Praeger, 1986); F. Schoeman, "Statistical
Norms and Moral Attributions," in Responsibility, Character, and the Emotions, edited
by F. Schoeman (Cambridge University Press, 1987); A. Tversky and D. Kahneman,
"Judgment under Uncertainty," Science, vol. 185 (1974).
Alan Strudler
Legal Studies Department
2204 Steinberg-Dietrich Hall
Wharton School, University of Pennsylvania
Philadelphia, PA 19104
strudler@wharton.upenn.edu
Danielle Warren
Management Department
2057 Steinberg-Dietrich Hall
Wharton School, University of Pennsylvania
Philadelphia, PA 19104
warren@management.wharton.upenn.edu |
|